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Home My WebLink AboutPacket 08-17-2010 RegularCALL TO ORDER: I JON a neillY ri% I milk City of Cape i% 1r' 'k Avenue, Cape Canaveral, Florida Tuesday Augu�st 17, 2010 7:00 PW F-Ttl A Z Me Approve a Proclamation designating the month of November 2010, as ';'BE A HERO MONTH" and Thursday, November 18 th as "BE A HERO DAY", in the City of Cape Canaveral, and as requested by Florida's Blood Centers. w,--- Irlm 1"64:4.I a I FA E+Js x I I III � ! r# .21 VINIggpl, - City Attorney T-40 p.m. — 7:55 p.m. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 329,20-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 ww-v,Fcityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com City of'Cape Canaveral, Florida August 17, 2010 Page 2 of'3 Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comm�ents to five (5) minutes, The City Council wifl 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. I rm-ioyomi9 IN ME #3 =1 Approve Minutes for Regular City Council Meetings of May 4, 2010 and August 2, 2010. Z Approve Resolution No, 20,10-13, appointing a Second Alternate to the Recreation Board, Steven Jarvis. 3,, Approve Resolution No. 2010-14, supporting Keeping a Retired Space Shuttle Orbiter in Brevard County., 4. Approve Resolution No. 2010-15, supporting a Plan to locate an International Science Center in Brevard County. 5. Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. 6. Approve the Third Quarter Budget Transfers, ended June 30, 2010. 7Approve an Alcohol Exemption Permit and waive any and all fees for the Friday Fest Family Street Party on 9/3/10, 1011%10 and 1115110. ORDINANCE: Second Public Hearing: 8:00 p, m. — 8:10 p. m. & Motion to Adopt: Ordinance No. O9-2010, Providing for a referendum election and ballot language for the November 2, 20,10 General Election or an Election scheduled thereafter; providing for referendum questions proposing the adoption of a new, updated City Charter and proposing Mayor and Council Mem' ber Term Limits; providing for a notice of City of Cape Canaveral Charter Referendum questions; providing for coordination with the Supervisor of Elections, providing for severability, and an effective date, at Second R -ter ling. ........ . . . . . . . . IRWIN 0- : r C,ity of Capp Canaveral, HoHda AtwLlSt 17, 2010 n Page 33 of 3 9. Motion to Approve: Ordinance N'oi. 110-2010, Annexing One (1) Parcel of Real Property Containing .67 Acres, More, or Less, Generally Located ' at 315 Grant Avenue, in Unincorporated B,revard Cou�nty, Florida, and Legally Described Herein, into the Miunicipal Boundaries of Cape CanaveraProviding for the Amendment of Cape Canaveral, Charter; Providing for the Filing of the Revised ICape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions,, Severability, and an Effective Date, at First Reading. 10Beach Vending. REPORTS: !• — 9,-00 p.m, 11. Council. QmExffl,� Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with, disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Proclamation Subject: Approve a Proclamation designating the month of November 2010 as "BEA HERO MONTH" and Thursday, November 18th as "BE A HERO DAY", in the City of Cape Canaveral, and as requested by Florida's Blood Centers. Department: Legislative Summary: A letter dated July 30, 2010 was received by Mayor Randels from Mike Pratt, Chief Operating Officer and Interim CEO of the community's not-for-profit blood bank, Florida's Blood Centers (FBC). Mr. Pratt requests support for a proclamation to raise public awareness of the need for a reliable blood supply and to encourage people to donate blood regularly to maintain that reliability. The letter also affirms that blood collected by FBC during "Be a Hero" events will be used to treat local patients in need. Mayor Randels and his colleagues are invited to deliver the proclamation at the first "Be a Hero" event the FBC is planning for the community; more details of which will be shared in the near future. A "Be a Hero" proclamation was passed by the Ft. Pierce City Commission in June. Requested Council Action: Approve the Proclamation Financial Impact: NIA Attachments: Proclamation Letter from Florida's Blood Centers Submitting Department Head: KA- 4j/,J�Z"F-, Date: 8/5/2010 Approved by City Manager: David L. Greene Date: 946bg City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain FLORIOAS BLOOD CENTERS LOCAL HEROES SAVING LIVES July 30, 2010 The Honorable Rocky Randels Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mayor Randels: Florida's Blood Centers (FBC), your community's not-for-profit blood bank, is requesting your support for a proclamation designating November 2010 as `Be a Hero" month and Thursday, November 18 as "Be a Hero" day. Our goal during these `Be a Hero" events is to raise public awareness of the need for a reliable blood supply, and to encourage people to donate blood regularly to maintain that reliability. Blood is needed for patients facing planned and unplanned medical procedures at local hospitals throughout your community. Blood collected by FBC during `Be a Hero" events will be used to treat local patients in need. FBC is proud to partner with the not-for-profit Van Duzer Foundation to organize `Be a Hero" events. We have worked with the Foundation, whose only goal is to improve the lives of individuals and families in need, to stage many successful blood drives in South Florida. We are honored to collaborate with the Van Duzer Foundation to mutually extend our not-for-profit lifesaving mission to other regions of the state. Additional information on the Van Duzer Foundation is available at www.thevanduzerfoundation.ore. A reliable blood supply is critical to the health and welfare of your friends, family and constituents. A proclamation from your city will do much to raise awareness of the need for blood and also to encourage people to give the gift of life through blood donations. For your convenience, a draft proclamation with suggested language is attached. In the same attachment is an actual `Be a Hero" resolution approved by the Fort Pierce City Commission in June. We are honored to have St. Lucie County's support for our lifesaving cause and hope you will honor us with your support as well. If you approve the proclamation, we would be honored to invite you and your colleagues to deliver it at the first "Be a Hero" event we are planning for your community. More details on local `Be a Hero" events will be shared with you in the near future. In the meantime, we would greatly appreciate your support for a proclamation at your earliest convenience. We would be happy to answer any questions you might have or to provide additional information about the proclamation language or `Be a Hero" events. Please do not hesitate to contact C. J. Drake directly at 407.952.2694 or at cjdrake@floridasbloodcenters_org_ Thank you in advance for your support and cooperation. 8669 Commodity Circle I Orlando, FL 32819 1.888.9.DONATE I FloridasBloodCenters.org Sincerely, '-�/ Z—r Mike Pratt Chief Operating Officer and Interim CEO Attachments WHEREAS, Florida's Blood Centers and the Van Duzer Foundation, both not- for-profit entities, are organizing blood drives during the month of November 2010. WHEREAS, Florida's Blood Centers operates in .twenty-one Florida counties and numerous municipalities, including ours. WHEREAS, Florida's Blood Centers, the Van Duzer Foundation and the City of Cape Canaveral City Council are challenging other Florida cities to organize blood drives with Florida's Blood Centers during `BE A HERO MONTH" in November 2010. WHEREAS, Our community requires a reliable blood supply for use in lifesaving medical treatments, and statistics have shown that one pint of blood can help save the lives of three individuals, making the donation of blood a simple way to help save lives and positively impact the community. WHEREAS, "BE A HERO MONTH" and "BE A HERO DAY" will increase awareness of the critical need for blood donations and celebrates the generosity and gift of life provided by those self-sacrificing individuals among us who volunteer to donate their blood for the sake of other members of our community. WHEREAS, the observation of `BE A HERO MONTH" and "BE A HERO DAY" provide excellent opportunities for our residents to work together to save lives in our community. NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of November 2010, as: "BE A HERO MONTH" In the City of Cape Canaveral and Thursday, November 18th as: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0811712010 Presentation Subject: "State of the Port" — Commissioner Malcolm "Mac" McLouth Department: Legislative Summary: Council Member Shannon Roberts has noted at several City Council Meetings that Commissioner McLouth would be making a presentation regarding the "State of the Port". The item has been scheduled for this meeting. Requested Council Action: NIA Financial Impact: NIA Attachments: None Submitting Department Head: Angela M. Apperson Date: 8/10/2010 Approved by City Manager: David L. Greene Date: o p City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Subject: Deputy of the Month for July 2010 Department: Brevard County Sheriff's Office — Canaveral Precinct Summary: Cpl. Prisco: On Sunday, 07125110, at approximately 0530 hours, Cpl. Dominick Prisco was on patrol on an unrelated case when he heard an audible alarm at 8187 Canaveral Boulevard in Cape Canaveral. Upon examining the building, he discovered the business, The Beach Food Store, had a broken window. Upon waiting for additional units to respond to the location, he heard noises coming from within and ultimately made contact with the suspect that had burglarized the building. The suspect was taken into custody without incident and brought to Canaveral Precinct. Deputy Prisco's tactics provided a safe ending to a forcible felony arrest and his calming words to the suspect helped set the tone for the responding agents. As a result, a total of five business burglaries were solved. Deputy Guttebo: On Friday, May 28, 2010, 1 received an intelligence bulletin from the Sheriff's Office Analytical Support Unit, requesting help in identifying a white male and white female, who were suspects in connection with the theft of numerous scratch off lottery tickets. A few hours after squad briefing Deputy Guttebo checked out with a white female at the Circle K convenience store, and advised that the female that he was with closely matched the photograph of the female in the intelligence bulletin. Deputy Guttebo was able to obtain a current address for the female and learned that she did have a male boyfriend. Deputy Guttebo gathered all the necessary information and forwarded it to the Sheriff's Office South Precinct. As a result of this information there are currently arrest warrants out for the suspects for retail theft and dealing in stolen property. The primary investigator in this case stated that had it not been for Deputy Guttebo's attentiveness and attention to detail, this crime would most certainly have gone unsolved. Additionally, on Tuesday, June 27, 2010, at approximately 1906 hours, Deputy Kent Guttebo and others deputies responded to an address in the City of Cape Canaveral in reference to a report of a 2 -year -ofd child that was not breathing. Upon arriving at the residence they were thrust into a very chaotic scene, as they observed a very distraught mother and her friends, gathered around a two-year-old child that was lying unresponsive on a couch. Corporal Manley and Deputy Guttebo took immediate control of the situation and began to administer CPR to the child and continued to do so for several minutes until Cape Canaveral and Brevard County Fire Rescue arrived on scene. The young victim was transported to the Cape Canaveral Hospital's Emergency Room, but unfortunately he never regained consciousness and he was pronounced at the hospital. The act of performing CPR is a very stressful event and this was only magnified by the fact that the victim was a young child. Despite this, the two deputies remained calm and professional throughout the whole event, staying on scene until the conclusion of the investigation. They were able to provide comfort for the family while still maintaining the scene integrity needed for the investigation that followed. Requested Council Action: None Financial Impact: None Attachments: None Submitting Department Head: CommanderAlan Maros Date: 08-4-10 Approved by City Manager: 6 `d Date: IK( o f tb City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Subject: City Council Interview of Recreation Board, Second Alternate Applicant, Mr. Steven Jarvis. Department: Legislative Summary: At the July 27, 2010 Recreation Board meeting, Board Members interviewed Steven Jarvis for the Second Alternate position and unanimously approved him to be appointed to the Board to fill the existing member vacancy. Requested Council Action: Consensus to proceed to the next step, approval of Resolution No. 2010.13, which is under the Consent Agenda for this same meeting. Financial Impact: NIA Attachments: Memo from the Parks and Recreation Director Robert Lefever Application for Appointment to the Board Submitting Department Head: Angela Apperson Date: 07-28-2010 Approved by City Manager: �D c,,.:.# 'a Date: 191 glrO City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo To: Angela Apperson, City Clerk From: Robert Lefever, Parks & Recreation Director CC: Mia Goforth Date: July 28, 2010 Re: Steven Jarvis Angela, On Tuesday, July 27, 2010 the Recreation Board interviewed Steven Jarvis for the second alternate position on the Recreation Board & unanimously approved him for the position. Please make the necessary arrangements for a Council interview. Please call me if you have any questions. Thanks, Robert Lefever VVV VVV/1 Q CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2=171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL C �t 1. Applicant Name: S7K�� _ / ,2Vr5 2. Home Address: ?9 6 L/ 1 uC7l r6 Dz_ 2"Dg JLr #56 y CAPE C,,uA,r,-�hL FL 3. Home Telephone: 3Zl YL'K ; 7 / 3 2 4. Occupation: _a&250LU4-NT % 5. Business Telephone: 6. Business Address; B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? m- (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y),K_ (N)_ 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for {purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each;, m (N) -K (Y) (N) (Y) (N),XC 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being - Z,/ appointed to a board or committee. Do you voluntarily initiais consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (`) (N)_)< 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your int%gspn serving o" City advisory hard or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee. 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board* e.� Community Appearance Board - f. Construction Board of Adjustment and Appeals* g. Library Board h. Z Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American -- Male Asian -American Female Hispanio-American Not Known Native American _ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.019, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at ]321) 858-1221. Signature: Date: f 3 -- Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 * I CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 207 Polk Avenue TUESDAY May 4, 2070 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:03 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Council Member Shannon Roberts Council Member Betty Walsh Council Members Absent: Mayor Rocky Randels Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriff's Department Commander Alan Moros City Engineer John Pekar PRESENTATIONS: Cape Canaveral Appreciation of Retired Employees — Larry McCormack and Melton Taylor Public Works Director Walter Bandish honored two retired employees from the Public Works Department, Larry McCormack and Melton Taylor. With Mr. Taylor being in City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 2 of 8 attendance, Mr. Bandish related the story of his history knowing Taylor. Mayor Pro Tem Buzz Petsos then presented Mr. Taylor with a plaque honoring his 18'/ years of service in the Cape Canaveral Public Works Department. The Council then expressed its gratitude to Mr. Taylor, and Mr. Taylor then gave a short speech thanking the City. REPORTS; City Historian Mr. Ray Osborne reported on the progress of the Historic Marker Program project. Mr. Osborne discussed the possibilities of holding a "Jeannie Day", an event to celebrate the anniversary of Barbara Eden visiting Cape Canaveral. Mr. Osborne stated that such an event could be used to raise funds for an Historic Preservation Fund, and also to promote the City of Cape Canaveral itself. Discussion ensued & included how the City of Cocoa Beach would react to Cape Canaveral holding a "Jeannie Day", suggestions made for Mr. Osborne to approach Cocoa Beach with the possibility of both cities co- sponsoring such an event and splitting proceeds; and possibly building a bridge between the two cities for future projects and sharing the Historic Marker Program project. The Council reached consensus to hear a future report from Mr. Osborne on Cocoa Beach's reaction to such an offer. Planning & Development Director Mr. Barry Brown discussed regional planning; including the types of planning that are required by Florida Statute. Mr. Brown stated that the current growth demand in the City of Cape Canaveral could be met. Mr. Brown also relayed Regional Council Planning, and how it would be looking at local government plans, but that there are no mandates for local governments to comply. Mr. Brown then discussed how the state legislature is dealing with regional planning, in what ways it.has failed, and what it has yet to resolve. Acting City Manager Angela Apperson and Mr. Brown reported that they will be staying current on the Federal Government's grant program for regional planning, and any related legislation, and will update the Council in future meetings. Public Works Director Mr. Walter Bandish updated the Council with respect to Aquifer Storage Recovery and status of the contract negotiations with Cocoa Beach in regards to using reclamated water for possibly the next 18 years. Mr. Bandish also updated the status of the solar - panel sign on the south end. Discussion ensued & included the reliability of solar - powered lights and lighted signs, using examples from neighboring cities; budgetary concerns, styles, and locations of signs were also verbalized. The decisions on these matters have been left to the Council. Recreation Director Mr. Robert Lefever reported on the Friday Fest, weight -loss and nutrition seminar, Cocoa Beach High School intersquad scrimmage, Parents Night Out, Movie in the Park, and Summer Camp. City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 3 of 8 Ms. Roberts requested a report on the Art of Sand event, along with Lessons Learned and recommendations for the next year. CONSENT AGENDA: 1. Approve Regular City Council Meeting Minutes of 03-02-2010. 2. Approve Revised Letters requesting support for the Kennedy Space Center 2011 Budget. 3. Approve Proclamation Reco nizin May 2 — May S 2010 as Municipal Clerks Week. Ms. Apperson requested to remove item number two. Ms. Apperson explained that there are two options for item number two which require more discussion. A motion was made by Mr. Hoog and seconded by Ms. Roberts to approve Consent Agenda Item Numbers one and three. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. Ms. Apperson gave two options for dealing with item number two, and the Council reached consensus to go with the second option. A motion was made by Ms. Roberts and seconded by Ms. Walsh to approve revised Consent Agenda Item Number two. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Walsh, For; and Ms. Roberts, For. CONSIDERATION/DISCUSSION: 4. Selection of the New City Manager. Ms. Apperson left the room as she was a candidate for the position. With Mayor Randels not present, the Council reached consensus that this decision was too important to be voted on with a missing Council Member. A motion was made by Mr. Hoog and seconded by Ms. Roberts to table this issue until the next Regular Council Meeting. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. 5. Consider appointments to myregion.org East Central Regional Board of Advisors. Ms. Apperson suggested appointing the new City Manager, whoever that will be, the Planning & Development Director, and three members of the Business & Cultural Development Board that volunteered: Shawn Painter, Lori Peppers, and Paul Pritchard. On which of the three B&CDB volunteers would be the primary and alternate members, Ms. Apperson suggested a rolling membership, and will report back on the issue at the next Meeting. The Council reached a consensus to accept Ms. Apperson's City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 4 of 8 suggestion. Ms. Roberts discussed the geographical region in which Cape Canaveral had been placed, and also suggested keeping tabs on how Melbourne is dealing with this project. 6. Consider Letter Regarding Parking at McDevitt Properties, LLC. Ms. Apperson explained the location of the McDevitt Properties parking area and had Mr. McDevitt introduce himself. Mr. McDevitt described the problems with attendees of the City's Friday Fest using his parking lot, causing higher wear and tear than his parking lot is designed for. Mr. McDevitt offered to give the City use of his parking area for the Friday Fest for a rental fee. Discussion ensued and included blocking -off Taylor Avenue at the intersection with A'lA, thereby preventing Friday Fest attendees from accessing Mr. McDevitt's parking lot. Sheriff's Department Commander Alan Moros stated that he would need to assess the possibilities of blocking access to the parking lot from the street, and can then make a recommendation to the Acting City Manager. The Council reached a consensus to have staff make a quick assessment, and then address this issue later in the evening. Staff returned with the assessment. Commander Moros stated that blocking off the street should have no issues. Discussion ensued about Mr. McDevitt's right to charge for parking in his lot, under City ordinance. The Council reached a consensus to temporarily block off access to Mr. McDevitt's lot during the next Friday Fest and have the Community Development Department staff investigate what legal rights Mr. McDevitt has, in regards to charging for people to park in his lot after business hours. 7. Consider Implementation of a Fleet Management Program for City Vehicles. Mr. Bandish reported the issues related to maintaining the fleet of City vehicles. Ms. Apperson stressed the need for consistency in maintaining the fleet of City vehicles, in regards to location of repairs and their cost. Mr. Bandish articulated the possible necessity of acquiring a full-time mechanic on staff for most mechanical work in the future. Discussion then went to hiring a specific repair shop to handle the duties of maintaining the fleet of City vehicles, including the bids received from three local repair shops. A motion was made by Ms. Walsh, seconded by Mr. Petsos, to use Economy Muffler as recommended by staff. Discussion ensued about the cost of labor, breakdowns in the quotes and flat rates, giving preference to businesses within the City, and having trustworthy relationships with both Dave's Beach Auto and Economy Muffler. An audience member commented on staying with a Cape Canaveral business. The motion was defeated 0-4 with voting as follows: Mr. Hoog, Against; Mayor Pro Tem Petsos, Against; Mayor Randels, Absent; Ms. Roberts, Against; and Ms. Walsh, Against. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to enter into an agreement with Dave's Beach Auto. Discussion ensued in regards to this agreement being on a temporary basis to get an idea of what the costs will be on a regular basis. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 5 of 8 8. Consider Ridgewood Avenue Improvements Project Northward Extension and requests approval for: 1) Change Order #2 to Brewer Paving and Development, Inc; and 2) Additional funds to Stottler Stagg and Associates, Inc for additional drawings. Jeff Ratliff and Ms. Apperson discussed a pedway the City wants to build on the Northward Extension, but such pedway requires an easement agreed to by the Ocean Woods Home Owners' Association (HOA). The most recent official response from the Ocean Woods HOA was that the City would not be allowed the easement. However, Donald Dunn, Vice -President of the Ocean Woods HOA, presented a letter in favor of the easement. Discussion then moved on to the difficulty of building an 8 -foot pedway, as there are large oak trees in the way that the residents would rather not lose. Mr. Ratliff presented two options of (1) narrowing the pedway near the trees from 8 -feet to 4 -feet, or (2) moving the roadway to make room. Discussion ensued about the two options, along with the bid from the contractor, the eastside sidewalk's condition, and costs from Brewer in regards to the pedway. The Council reached a consensus to hold off on this issue until the HOA meets and the contractors come back with the additional costs of the pedway. A crack in the newly -built sidewalk at Ridgewood was discussed. City Engineer John Pekar stated that testing on the sidewalk and its results will be presented to the Council at a later date. 9. Provide direction related to the location of next year's Space Coast League of Cities Monthly Meeting Hosted by the City of Cape Canaveral. Ms. Apperson requested direction as to whether next year's Space Coast League of Cities (SCLOC) dinner should go back to the Radisson or to hold it at Manatee Park again. Discussion ensued regarding the possibility of a backup plan using a larger tent with tables if there is a rain -out, getting awnings in the cooking area, borrowing canopies from the Recreation Department, and the subject of parking. The Council reached a consensus to continue hosting the SCLOC annual dinner by the City at Manatee Park. 10. Discussion and. provide direction related to: 1) Funding for. Stottler Stagg and Associates to Prepare the Stormwater permits applications (and associated work) for Manatee Sanctuary Park and Banana River Park; and 2) Proposed Alternative Stormwater Improvement Project to the St. Johns River Water Management Department in Lieu of Payment of Fine. Mr. Ratliff addressed the Stormwater permit issues that have arisen since the building of Manatee and Banana River Park. Discussion ensued as to why a master plan for either park was never done, as to if a Stormwater master plan done at the same time as filing City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 6of8 for Stormwater permits would be the cheapest option for the City, or if that would lead to additional costs associated with St. Johns River Water Management (SJRWM) requiring more work on drainage and swales. Mr. Ratliff described the "Lessons Learned" from this situation, as the City now requests face-to-face meetings with SJRWM and also in writing after the fact. Discussion ensued on what ways miscommunication and confusion may have existed between the City and SJRWM in the past, how the City is now "over the barrel" and is absolutely required to come into compliance now, and also how building the parks piece -by -piece and SJRWM never seeing the parks as a whole in the past could be some of the factors in the permit violation not coming up until now. The Alternative Plan to avoid the fine would have to amount to the City spending $6700 or more in local water management around the City. City Engineer John Pekar stated that the City will have to do topography of both parks, showing rainfall, infiltration, and possible minor grading; the topography work will be useful for any and all future related projects and development. Hydrologic modeling will also have to be gone. The Council expressed concern about SJRWM, after the fact, requiring more additional work to be done by the City. Discussion also detailed learning lessons from this situation and to change the way parks are planned over time. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the Alternative Plan in lieu of the fine, to be paid for 100% out of the Stormwater Fund. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. . 11. Discussion of Adoption of the International Property Maintenance Code. Mr. Morley read a survey from other cities,. as to why they haven't adopted the 2009 International Property Maintenance Code (IPMC), detailing the responses from other jurisdictions. The responses varied from a couple cities adopting an unaltered IPMC and a number adopting some parts of the IPMC without adopting the whole Code. Mr. Morley then detailed the modified versions of the IPMC that two other cities have adopted. Mr. Morley expressed favor in adopting the 2009 IPMC, as Cape Canaveral still uses the 1998 version. Discussion ensued regarding how West Melbourne had not adopted the IPMC in any aspect, and how they elected to create their own original code, and how Melbourne Beach is also creating their own code based on the 2006 IPMC. Cocoa Beach will be adopting the 2009 IPMC. Mr. Morley stated that if Cape Canaveral had the 2006 IPMC rather than the 1998 IPMC, he would not be proposing this item for consideration. Mr. Morley also stated that the City Attorney could possibly craft a more elegantly -modified version of the 2009 IPMC than other cities have done. City Attorney Anthony Garganese explained how he has done similar things to this before, and why cities make amendments and strike provisions to the IPMC. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to have the City Attorney draft a version of the 2009 IPMC for the City of Cape Canaveral, and to draft an ordinance revising Section 82.221 with the appropriate staff -recommended modifications to eliminate conflicts. Discussion ensued regarding the reasons it has been difficult to consider adopting new codes in the past. The motion carried 4-0 with voting as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 7of8 Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. REPORTS: 12. Council. Ms. Walsh questioned the status of the Volunteer Program. Ms. Apperson responded that the issue has still been set aside while other issues that have risen to the surface are being tackled. Ms. Apperson explained that the program needs to be more intensive and clear in its benchmarking before being presented to the Council. Discussion also included the status of an illegal mobile beach vendor, with Mr. Petsos stating that the vendor was spotted again and reported to Commander Moros. The status of a mammoth grouper that washed up on shore was also brought up in discussion. Ms. Roberts discussed issues related to oil from the Gulf possibly "coming our way", including preparations that are taking place, with the Brevard Emergency Operations Center taking the lead. The "State of the Port" meeting' was then mentioned. Ms. Roberts stated that she will go back to the Port with Council approval. Ms. Roberts also discussed complementing Team Orlando with Team Space, to see if something may come out of that. Ms. Roberts then opened up discussion about the large amount of "Resort Rentals" advertising prevalent throughout the City, including effective ways to enforce advertising code, and getting the City involved to help with this problem. Mr. Morley asked if the information and advertisements could be emailed to him to look into the problem. Other advertising issues include off -premises and temporary signs that are popping up everywhere, and whether they could be regulated and enforced more. Mr. Petsos inquired as to the status on Mr. Brown's work on Evaluation and Appraisal (EAR) -based amendments. Ms. Apperson reported that Mr. Brown had been working together with Alice Filteau on the issue, but she had to withdraw her assistance for personal reasons. Ms. Apperson will get the newest update from Mr. Brown to the Council as quickly as possible. According to City Attorney Garganese, this delay has missed the extended period and could cause the City to fall out of compliance in regards to shared -revenue with the State, and that the City should get this completed expeditiously. If home rule legislation passes, the City is in big trouble, and that the County Commissioners might not want to approve the Community Redevelopment Agency. Ms. Walsh mentioned the accreditation of the Building Department. Mr. Morley stated that without direction from a new City Manager, and without an adequate number of staff, they will not be able to hit the marks to attain the accreditation. Ms. Walsh inquired about the Art of Sand. Ms. Apperson stated that she would get the relevant information from Cocoa Beach and report back to the Council. City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 8 of 8 Ms. Roberts requested information be provided to Council regarding the Mayor's trip to Washington D.C. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:55 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk CITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA MONDAY AUGUST 2, 2010 7:00 PM J111,4111111=1--] CALL TO ORDER: The Chair called the meeting to order at 7:09 P.M. and led the pledge of allegiance to the flag. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kate Latorre Public Works Director Walter Band ish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Cmdr., Alan Moros Fire Chief Dave Sargeant Assistant Fire Chief John Cunningham City Clerk Angela Apperson REPORTS: Mayor Randels noted Assistant City Attorney Latorre has been selected as a Rising Star by Florida Super Lawyers. Ms. Latorre explained she was nominated by her peers and expressed appreciation to everyone. Business & Cultural Development Board Report, No report. City Attorney: No report AUDIENCE TO BE HEARD: City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 2 of 4 On behalf of the United States Census Bureau, City Clerk Apperson presented Mayor Randels with a plaque of appreciation for his work in this year's Census. Mayor Randels expressed his appreciation and noted Building Inspector Mike Richart's hard work on the program as well. CONSENT AGENDA: 1. Approve Minutes for Regular City Council Meetings of April 20 2010 and July 20 2010. 2. Approve Change Order No. 2 from Brewer Paving & Development, Inc. ,for the Ridgewood Avenue Improvements Project in the amount of $52,649.36. 3. Approve the use of $5,971.92 in reserve funds to purchase materials for the rebuilding of the Madison Avenue Beach Crossover in FY2009-2010. 4. Approve the use of reserve hands for construction of a sidewalk and stormwater improvements along the eastern side of North Atlantic Avenue from Shorewood Drive to Port Canaveral in the amount of $20,590.00 to Atlantic Development of Cocoa Inc. Mayor Randels inquired if any items are to be removed from the Consent Agenda. Mr. Leo Nicholas asked for item number four to be removed for discussion. A motion was made by Mr. Petsos and seconded by Ms. Walsh, to approve Consent Agenda Item Nos. one through three. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. #4 — Mr. Nicholas expressed concern that N. Atlantic Avenue would be done on a piece meal basis. He urged for an overall plan to be developed to ensure the drainage portion of the work fits into the Stormwater Plan. He recognized the need for a sidewalk in this area; however was hesitant to move forward without an overall plan. Discussion ensued and included: money previously allocated by Brevard County for work in this area; that this is the only section of N. Atlantic Avenue that does not have a sidewalk on both sides of the road; the previous renderings for improvement of N. Atlantic Avenue; to ensure the work done now would not be torn out at a later date; that funds for this project should be taken from the stormwater fund as well as general funds; the need to have a sidewalk to make this area safer; whether Transportation Impact Fees are available for this work; whether money is available from Towne Development from when they built Solana Shores, Solana Lakes, and Cape Caribe; to have a workshop meeting to further discuss the overall improvements to N. Atlantic Avenue; and the prior requests from Council Members for the installation of this sidewalk. A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve this project and have staff ensure funding is being taken from the correct fund. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 3 of 4 Roberts, For and Ms. Walsh, For. Council Member Roberts also complimented Staff for having the minutes from the last meeting completed. ORDINANCE: First Public Hearing: 5. Motion to Approve: Ordinance No.08-2010 Adopting Amendments to the Cape Canaveral Comprehensive Plan Based on the Evaluation and Appraisal Report "EAR" Providing for the Repeal of Inconsistent Ordinances and Resolutions Incorporation in the Comprehensive Plan; Legal Status of the Comprehensive Plan Amendments; Severability, and an Effective Date, at First Reading: Attorney Latorre read the title of the ordinance into the record. Mr. Brown explained the history of this item; the actions of the Planning and Zoning Board and answered questions of the City Council. Mr. Brown indicated an approval of first reading will transmit the amendments to the Florida Department of Community Affairs for review and comments prior to the final hearing. A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve Ordinance 08-2010 on first reading. Discussion included plans for implementation of the amendments and the need to amend the City Code to correct any items that are inconsistent with the amendments to the Comprehensive Plan within 18 months of the final adoption of the Ordinance. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 6. Motion to A rove: Ordinance No. 09-2010 Providinq for a referendum election and ballot Ian ua a for the November 2 2010 General Election or Election scheduled thereafter; providinq for referendum questions proposina the adoption of a new, updated City Charter; and proposing amendments to Articles III, and XIV revising charter sections regarding Mayor and Council Member term limits and contracting for Fire Protection Servicesproviding for a notice of Cily of Cape Canaveral Charter Referendum uestionsproviding for coordination with the Supervisor of Elections• providing for severability, and an effective date: Attorney Latorre read the title of the ordinance into the record. She noted the need to make amendments to the ordinance to be consistent with the consensus reached at the workshop, which immediately preceded this meeting. A motion was made by Ms. Roberts and seconded by Mr. Petsos for approval of Ordinance No. 09-2010 as correctly reworded. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 7. Binding Development Agreement for 6395 N. Atlantic Avenue owned by Banana River LP: Responding to the Mayor's question, Attorney Latorre indicated the title of the agreement could be amended to be Compliance Agreement or Code Enforcement Compliance Agreement. Mr. Hoog read a prepared statement into the record, which noted his objections to having this item before Council at this time. Motion by Mr. Hoog, seconded by Ms. Walsh, that we do not hear this tonight based upon what I City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 4 of 4 have said tonight. Discussion included the need to have Development Agreements reviewed by the P& Z, Section 110-422 of the Code of Ordinances; the established Lien Release Procedure; a Letter from Engineer Clifton L. Gurr; the actions taken to contact the Bankruptcy Court; prior conversations to allow the property owner to continue with repairs despite the City's request to the Court for demolition; that entering into this agreement would be in direct opposition to the action filed with the Bankruptcy Court last week; the intention of the property owner was to submit the document for staff's consideration. Mr. Pindziak read a prepared statement into the record, which gave the Council his opinions on the issues. Mr. Hoog and Ms. Walsh withdrew their motion. Discussion continued and included the prior action of the Council; that 30 days have elapsed since the prior discussion and Council Members had hoped to see some contractors out there working; and the property owner's desire to have some assurances that if work began the building wouldn't be demolished. A consensus was reached to cease discussion on this item and move to Council Reports. REPORTS: 8. Council: Council Member Roberts: • Noted Mac McLouth will be making a presentation at the next meeting regarding the Port. • Noted a courtesy meeting between Mr. Greene and Mr. Payne from the Port has been scheduled. • Noted the Port Commission's action to adopt a Resolution in support of having an Orbitor remain at the Kennedy Space Center after the Shuttle program stops. Mr. Petsos asked Mr. Hoog if the Resolution could be taken to the Space Coast League of Cities asking for all cities to do the same. Mr. Hoag indicated he would do so. Staff is to place the Resolution on a future agenda for consideration by the City Council. Mayor Randels • Noted a motion to adjourn requires a second and is not debatable. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:54 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Item No. Subject: Approve Resolution No. 2010-13; Appointing a Second Alternate Member to the Recreation Board (S. Jarvis). Department: Legislative Summary: The Recreation Board unanimously approved to recommend to the City Council, Steven Jarvis as the Second Alternate to the Board on Tuesday, July 27, 2010. Approval of this resolution depends upon City Council consensus to proceed after interviewing the applicant previously in this same meeting. Gaining the new member will result in a complete Recreation Board. Mr. Jarvis' term will expire 10-01-2013. Requested Council Action: Approval Financial Impact: nla Attachments: Res. No. 2010-13 Submitting Department Head: Angela Apperson Date: 07-28-10 Approved by City Manager: [ 7 Date: $ l Cr (/o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Steven Jarvis is hereby appointed as an Alternate member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2013_ SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of August, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0811712010 Item No. 3 Subject: Approve Resolution No. 2010-14, Supporting Keeping a Retired Space Shuttle Orbiter in Brevard County. Department: Legislative Summary: At the last City Council meeting Staff was requested to obtain a copy of a resolution related to keeping a retired Space Shuttle Orbiter in Brevard County. Council Member Hoog procured a copy of the resolution adopted by the Canaveral Port Authority on July 21, 2010. Staff has reformatted it for Council's consideration. Staff has also researched and summarized this item as follows: 1) The City of Titusville adopted a resolution on November 10, 2009 urging the Congress of the United States to direct the preservation and display of a retiring Space Shuttle Orbiter at the Kennedy Space Center, 2) Florida Today article dated May 30, 2010 regarding desire by other sites nationwide for a retired Space Shuttle Orbiter. 3) Florida Today article dated August 4, 2010 regarding final homes for orbiters still up in the air. Requested Council Action: Approve the Resolution Financial Impact: NIA Attachments: Resolution No. 2010-14 Canaveral Port Authority Resolution City of Titusville Resolution Florida Today Articles Submitting Department Head: Angela M. Apperson Date: $11012010 Approvqq_by City Manager: David L. Greene Date: She, ao City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 201014 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING KEEPING A RETIRED SPACE SHUTTLE ORBITER IN BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Cape Canaveral and the NASA Space Program share a storied history since the inception of the agency in 1958; and WHEREAS, Thousands of personnel working at the Kennedy Space Center and living in Brevard County have dedicated their careers to the Space Shuttle fleet and have proven their ability and commitment to care for historical space artifacts; and WHEREAS, Keeping a retired orbiter in Brevard County would be a monument to their labor; and WHEREAS, An orbiter in Brevard County would enhance efforts to inspire the next generation of scientists and explorers through the educational and interpretive NASA programs that reach more than 500,000 people each year; and WHEREAS, Brevard County can guarantee a world-class permanent home for one of America's three retiring Space Shuttle orbiters; and WHEREAS, Brevard County already has a world-class Visitors Center at Kennedy Space Center that operates at no cost to the Federal Government; and WHEREAS, A visitor base for appreciation of such an American treasure already exists in Brevard County with 1.6 million domestic and international visitors annually to Kennedy Space Center and more than 50 million since the first Space Shuttle orbiter launch; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF CAPE CANAVERAL does hereby support a permanent home for a retired Space Shuttle in Brevard County. ADOPTED BY, the City of Cape Canaveral City Council this 17th day of August, 2010. Rocky Randels, Mayor ATTEST: Name For Against Angela M. Apperson, City Clerk Robert Hoog City of Cape Canaveral, Florida Resolution No. 2010-14 Page 2 of 2 Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney CANAVERAL PORT AUTHORITY RESOLUTION 2010-10 A RESOLUTION OF THE CANAVERAL PORT AUTHORITY SUPPORTING KEEPING A RETIRED SPACE SHUTTLE ORBITER IN BREVARD COUNTY WHEREAS, Port Canaveral and the NASA Space Program share a storied history since the inception of the agency in 1958 with the seaport providing access, logistical, and operational support for the Space Shuttle fleet at Kennedy Space Center in Brevard County; and WHEREAS, Thousands of personnel working at Kennedy Space Center and living in Brevard County have dedicated their careers to the Space Shuttle fleet and have proven their ability and commitment to care for historical space artifacts; and WHEREAS, Keeping a retired orbiter in Brevard County would be a monument to their labor; and WHEREAS, An orbiter in Brevard County would enhance efforts to inspire the next generation of scientists and explorers through the educational and interpretive NASA programs that reach more than 500,000 people each year; and WHEREAS, Brevard County can guarantee a world-class permanent home for one of America's three retiring Space Shuttle orbiters, and WHEREAS, Brevard County already has a world-class Visitors Center at Kennedy Space Center that operates at no cost to the Federal Government ;and WHEREAS, A visitor base for appreciation of a such an American treasure already exists in Brevard County with 1.6 million domestic and international visitors annually to Kennedy Space Center and more than 50 million since the first Space Shuttle orbiter launch; NOW, THEREFORE, BE IT RESOLVED THAT THE CANAVERAL PORT AUTHORITY does hereby support a permanent home for a retired Space Shuttle in Brevard County. DONE, ORDERED AND ADOPTED at a regular meeting of the Canaveral Port Authority, Brevard County, this 2)s4 day of July 2010. -� .�.. CANAVERAL PORT AUTHORITY iris? Tom Goodson Chairman S A. f / ! Maldol't'McCoutfi Secretary/Treasurer RESOLUTION NO. 51-2009 A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA URGING THE CONGRESS OF THE UNITED STATES TO DIRECT THAT ONE OF THE RETIRING SPACE SHUTTLE ORBITERS BE PRESERVED AND PLACED ON PERMANENT DISPLAY AT THE KENNEDY SPACE CENTER. WHEREAS, the space shuttle program was a technical milestone, producing the first reusable orbital spacecraft, and has been the mainstay of the nation's manned space flight program, and WHEREAS, the National Aeronautics and Space Administration Iaunched the first space shuttle mission in 1981 from the Kennedy Space Center, the location from which all subsequent missions have been launched, and WHEREAS, since 1981, there have been over 125 shuttle missions, with the last planned shuttle flight scheduled for launch from the Kennedy Space Center in September 2010, and WHEREAS, in fiscal year 2008, the space shuttle program was responsible for approximately 15 percent of the Kennedy Space Center's budget allocation, and more than 40,000 jobs in this state are estimated to be attributable to the space center's operations, an indication that, in addition to its historical importance, the shuttle program has been of significant economic importance to Floridians, and WHEREAS, after the tragic losses of Challenger in 1986 and Columbia in 2003, three orbiters remain in the shuttle fleet: Atlantis, Discovery, and Endeavor. NOW, THEREFORE, BE IT RESOLVED by the City Council of Titusville, Florida, as follows, SECTION 1. That the City Council requests the United States Congress to direct that one of the retiring space shuttle orbiters be preserved and placed on permanent display at the Kennedy Space Center. SECTION 2. This resolution shall take effect immediately upon its adoption and shall be forwarded to the Florida Congressional Delegation, the Governor of the State of Florida, and the Brevard County Legislative Delegation. PASSED AND ADOPTED, this 10th day of November 2009. ATTEST: „k)o l Wanda F. Wells, City Clerk Resolution No. 51-2009 Page 1 of 1 Page 1 of 5 May 30, 2010 Wanted: Retired space shuttles Sites clamor for one of two unpromised orbiters while KSC seems more relaxed BY KEILANI BEST FLORIDA TODAY On April 15, hundreds of New Yorkers donning space suits took the subway from Grand Central to Times Square -- a line known as the shuttle -- where they joined political leaders in an attention -getting push to get a retired space shuttle orbiter for the Intrepid Sea, Air & Space Museum. Publicity stunts, a petition boasting almost 86,000 signatures and a special website are all about securing one of two coveted, soon -to -be -retired shuttles for the Intrepid, a decommissioned aircraft carrier moored in New York Harbor that draws more than 750,000 annual visitors. The Intrepid is among about 20 sites across the country that have been expressing varying degrees of interest in acquiring either the Atlantis or Endeavour orbiters since NASA announced the competition in December 2008. (The third member of the fleet, Discovery, has been promised to the Smithsonian Air and Space Museum in Washington. A branch of the museum, the Udvar-Hazy Center, already has the test orbiter Enterprise. "Lr?K1ttp:l/www.floridatoday.com/graphics/bits/orange_arrow.gif'> littp://www.floridatoday..com/sectioii/newsO2O4" TARGET="new"> NASA's future and the end of the shuttle Most of the top contenders are making very public attempts in their efforts. The National Museum of the U.S. Air Force in Dayton, Ohio, has a Web site complete with digital plans on where it would house the shuttle, estimated costs and letters of support. So does Johnson Space Center in Houston. The Air And Space Museum & Planetarium in Tulsa, Okla., has architectural renderings of a new building to house the spaceship and a slick "Land the Shuttle" campaign and Web site. There are Facebook pages and Twitter sites, community initiatives and astronaut endorsements. The approach at Kennedy Space Center, inarguably the nexus of the space shuttle program, is decidedly more low key -- and that, in its own way, has gotten the attention of some community and tourism leaders. If a retired shuttle orbiter is displayed in the county, it would most likely be somewhere within the Kennedy Space Center Visitor Complex. Bill Moore, COO of the company that manages the visitor center, said Delaware North has submitted its proposal to NASA. The company has all of the funding in place -- NASA is requiring $28.8 million for whomever ends up housing a shuttle orbiter -- and is excited about the plans that are in place so far. The brouhaha behind getting a shuttle is not what's important, Moore said. http://www.floridatoday. comlarticlel2010053 0BU SINES S15 3 003 20I Wanted-Retired-shutt... 8/10/2010 Page 2of5 "I think we've been active earlier than most folks were, and I think there's just a style difference in how you do that," he said. "We don't need a Facebook page; it's just historical lore. One can certainly say that the Kennedy Space Center is the home of the space shuttle program, and other areas may not have that built-in advantage." The visitor center's approach is so low-key, it seems, that few know much about it. Moore has denied requests for a copy of the proposal, saying it's proprietary information. "I expressed a concern that there doesn't seem to be a big push," said Tom Williamson, general manager of the Marriott Courtyard and the Hampton Inn in Cocoa Beach and the president of the Cocoa Beach Area Hotel & Lodging Association. "It seems unbelievable to me that the place that launched every shuttle would not be the home of one of the shuttles that has flown, but you seem to see more out there about other places trying to obtain one than we are." Williamson said the assumption can't be made that just because we're the home of the shuttle, that we will get one. "I think we're resting on our laurels, and we just assume that we're going to get one," he said. "And rightfully so, but I don't know if people understand that it's not a shoo-in." Rob Varley, executive director of the Space Coast Office of Tourism, said the "low-key" approach isn't the way to go, especially when other cities have been so active. "I don't understand why we can't get basic information; no one seems to be doing anything, and that's what's kind of upsetting," he said. But Andrea Farmer, spokeswoman for NASA, said the information is proprietary because of the intense competition out there. "There are details that are very near and dear to us," she said. There's no deadline for deciding where the shuttles should go, although an announcement could come as soon as this summer. NASA Administrator Charles Bolden, who flew four shuttle missions, will make the final call. NASA would send each orbiter to its exhibition spot between July 2011 and December 2011. NASA's goal is to find locations at educational or scientific institutions where the shuttle exhibit would inspire students, in particular. Communities were invited to describe how they would enhance the exhibit beyond simply displaying the spacecraft. John Logsdon, a member of the NASA Advisory Council and former director for the Space Policy Institute now serving as professor emeritus at George Washington University, said NASA is looking for locations that provide easy access for the most number of people. And, most importantly, NASA wants stability and durability in the host institution. "There will be a Smithsonian Institution in 500 years," he said in an e-mail. "Will there be a KSC http://www.floridatoday.comlarticlel20100530BUSINES S15300320IWanted-Retired-shutt... 8/10/2010 Page 3 of 5 Visitors Center, or a KSC, for that matter?" Why anywhere else? New York City's efforts have been perhaps the most publicized. In a March 23 news conference, New York Democratic Sen. Chuck Schumer said the shuttle would get more exposure in New York City than it would anywhere else. "It's time to ramp up the fight to bring this spacecraft to land where it belongs -- on the Intrepid in the heart of the Big Apple," he said during the conference. The Intrepid was used for years as a recovery vehicle for NASA spacecraft. Still, New York and some the others seeking a shuttle are light years from Brevard County in terms of their space -related history, and the thought of having an orbiter such places is laughable, according to Varley. "Nobody cares about seeing a shuttle on a stupid aircraft carrier in New York City; that's the dumbest idea I've ever heard of," he said. "And there's no connection between Tulsa and the shuttle. We need to stand up to these crazies. Why don't we move the Statue of Liberty down here? New York and Tulsa has nothing to do with this; that's just a joke as far as I'm concerned." It's no joke to Jim Bridenstine, the executive director of TuIsa's Air and Space Museum & Planetarium. He said Tulsa has played a significant role in the space program. "The city of Tulsa has a long history of supporting NASA's Space Agenda," he said in an e-mail. "Tulsa created the Delta program that launched America's first communications satellites into space." The city is also home to companies that have built and repaired large airplane and shuttle parts, such as NORDAM and Spirit Aerosystems. But Varley said that the shuttle displayed somewhere lacking a space legacy as rich as Brevard's will be "just a tourist attraction." "For us, it represents our legacy, it represents the blood, sweat and tears of people who lived here on the space shuttle, the astronauts that died," he said. "In our mind, it would be a real travesty to not have the shuttle remain here. It would be just a slap in the face." Organizers in Houston might say the same thing. The Houston area, nicknamed Space City, USA, is home to NASA astronauts and their families. Having a shuttle on display there also would serve as a memorial to the 14 people who died in the Challenger and Columbia disasters, officials said. The Manned Space Flight Education Foundation and the Bay Area Houston Economic Partnership have joined forces in planning an orbiter exhibit at Space Center Houston, visited by hundreds of thousands each year. "We're the home of human spaceflight," said Rep. Pete Olson, R -Texas, who has a picture of the shuttle Atlantis on his BlackBerry. "If one place in America deserves an orbiter, it's there." http:l/www.floridatoday.comlarticlel201005301BUSINESS15300320IWanted-Retired-shutt... 8/10/2010 Page 4 of 5 All of the suitors talk about the effect on their tourist trades. Moore from the KSC Visitor Center said there would be other, broader benefits, as well, starting with jobs created by construction of a building for the shuttle. "It will have a trickle-down effect," Moore said. "It will generate a nice boost to the economy, and once that visitation starts to grow, those folks will not only spend time with us, but they'll have lunch or dinner in the area, and stay with us and participate in other activities in the county as well." Politics plays a role Varley said that local Iawmakers need to be more visible in their efforts to bring a shuttle to Brevard, because once a decision is made, he believes it may ultimately be a political one. "Let's face it, the Democrats are the ones in power right now, so they're the ones that can make things happen," he said. "We need a team that's led by the political leadership of the community; it's a matter of getting the right players together." During a Tourism Development Council board meeting Wednesday, Varley made a motion to appoint Brevard County Commissioner Robin Fisher, a Democrat who sits on the board, to lead the "Bring the Shuttle Home" campaign, which would focus on getting Atlantis for Kennedy Space Center. Board members even joked that they should lock the Vehicle Assembly Building at KSC, where the shuttle is fitted with its solid rocket boosters. "I think it's really time to rattle our saber and make some noise," Varley said. "Atlantis is home. Let's keep it home." He also proposed bumper stickers making the same statement. Fisher, who led a recent "Save Space" rally in Cocoa in April, agreed to take on the task. He said getting a shuttle would not just be for the county, but "for the state." "It's interesting politically how (this battle) is going to shake up," he said. Other local lawmakers from both parties have already joined in on the efforts. Although some have been actively trying to extend the shuttle program, they are hoping that the county does get a shuttle when it retires, but they say the later, the better. If the fleet isn't extended, they say they have already shown ample support for the county to obtain an orbiter. Congressman Bill Posey, R -Rockledge, who believes the shuttle fleet should continue to fly, wrote a letter in December with U.S. Rep Suzanne Kosmas, D- New Smyrna Beach, and U.S. Sen. George LeMieux, R -Fla., requesting that KSC be allowed to keep a retired orbiter. Every member of the Florida congressional delegation also signed the letter, said George Cecal, Posey's press secretary. In the letter, Kosmas called Kennedy Space Center a "world-class center" that offers "authenticity that other sites simply cannot replicate." http://www.floridato day.comlarticlel2010053 01BUSINESS153 00320IWanted-Retired-shutt... 8/10/2010 Page 5 of 5 Senator Bill Nelson, D -Fla., who flew on the shuttle Columbia in 1986, said that Kennedy Space Center is a no-brainer. "One of the shuttles will have to go to KSC," he said. "Where else would you put the shuttle? It belongs there, with all the other ships that have borne so many of our brave men and women explorers." FLORIDA TODAYstaff writer Bart Jansen contributed front Washington, D. C. Contact Best at 242- 3784 or kbest�,floridatoday.com. http://www. floridatoday.comlarticlel2010053 01BUSINESS153 003 20IWanted-Retired-shutt... 8/10/2010 http://www.floridatoday.com/article/20100804/NEWS02/8040340/1007/Final homes for s F LO R I DA Final homes for space shuttles Atlantis, Endeavour still up in air BY BART JANSEN • FLORIDA TODAY • August 4, 2010 WASHINGTON — The wait continues to find out where NASA's space shuttle orbiters will spend their retirement. The delayed schedule for the final two space shuttle flights "also caused a delay in announcing the disposition of the space shuttle orbiters," said NASA spokesman Michael Curie. "NASA has not established a date for announcing where the space shuttle orbiters will go once they are retired." NASA plans to send the orbiter Discovery to the Smithsonian Institution's National Air and Space Museum. But dozens of communities nationwide -- led by Kennedy and Johnson space centers -- are competing to display Atlantis and Endeavour. The competition also has become political as Congress debates NASA policy. A Senate bill would give preference in the selection to a "historical relationship with either the launch, flight operations or processing" of shuttles. The provision was widely perceived as tipping the scales to Florida for launching shuttles and Texas for managing the flights. But the House science committee removed a similar provision when approving its version of the bill, which the full House is expected to consider in September. NASA Administrator Charles Bolden will make the final decision about where to send the orbiters. But he hasn't announced when that will be. When the program's final flights were expected by the end of this year, the space agency had planned to get the orbiters to their destinations by April 2011. But now the final two flights are scheduled for November and February. In addition, the Senate and House policy bills each call for an extra flight, expected by next June. Related Articles meeting On the Web r,, The Flame Trench Advertisement Page 1 of 1 Mom Dilemma #36: Your daughter insists on wearing her princess 1 costume to the grocery store. Allow it or riot? rnoms J. :.> k Print Powered By Dynarics_ http://www.floridatoday.com/fdcp/?1281454115448 8/10/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08117/2010 Item No. `-I Subject: Approve Resolution No. 2010-15, Supporting a Plan to Locate an International Science Center in Brevard County. Department: Legislative Summary: At the July 15, 2010 Space Coast League of Cities Meeting a presentation was made regarding a plan to locate an International Science Center here in Brevard. The plan proposes that the Science Center will provide and display up to date information on all sciences to the public. This includes Earth, Science and Ocean Science, as well as the current NASA and Kennedy Space Center efforts in Space Science. It will be a joint effort by NASA, NOAA (National Oceanic and Atmospheric Administration), Department of Energy (DOE) and other government agencies; high technology related companies, colleges and universities and invited International Space Agencies. The project will provide local jobs for the construction of the Center and continuing operational staffing jobs to manage the facility, lease research and on-site testing space to qualified companies and conduct the guided public tours planned. Resolutions in support of the Science Center have been adopted by the Space Coast League of Cities and Brevard County and a Proclamation by the City of Indian Harbor Beach was adopted July 23, 2010. The result of which prompted Staff to draft a resolution in support of the same by the City of Cape Canaveral. Requested Council Action: Approve the Resolution Financial Impact: NIA Attachments: Resolution No. 2010-15 Concept Plan Resolution samples from the Space Coast League of Cities and Brevard County Proclamation from Indian Harbor Beach Submitting Department Head: Angela M. Apperson Date: 8/10/2010 Approved by City Manager: David L. Greene Date: %I/ e, !t5 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING A PLAN TO LOCATE AN INTERNATIONAL SCIENCE CENTER IN BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has been privileged to be a partner in the greatest technological achievement in the history of the world. American astronauts have walked on the moon. Astronauts from many nations have been orbiting the earth for decades. Scientists have captured and studied interstellar material gathered from beyond our galaxy; and WHEREAS, these historic endeavors were only made possible through the leadership of the United States of America and the National Aeronautics and Space Administration, as our country worked together as one people, in achieving these incredible goals; and WHEREAS, Brevard County has hosted government agencies, the international community, academic institutions and industrial manufacturing companies during the Kennedy Space Center missions that have explored our planet, our solar system, our galaxy, and the universe beyond; and WHEREAS, the completion of NASA's first 50 years in space signals the beginning of a new era in science and technology; and WHEREAS, this new era shall continue America's on-going quest for knowledge as we continue to explore the Universe and preserve our Planet for future generations yet to come; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF CAPE CANAVERAL CITY COUNCIL, does hereby endorse a plan to establish an International Science Center in Brevard that shall support technological research and collaboration on — Space, Earth and Ocean Science. A center that would enable government agencies, private industry, universities and colleges, and international space agencies, to work together for common goals while educating all visitors about the scientific achievements happening around the globe, as we continue to explore the universe while preserving the earth for new generations. Continued next page City of Cape Canaveral, Florida Resolution No. 2010-15 Page 2 of 2 ADOPTED BY, the City of Cape Canaveral City Council this 17th day of August, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Concept Plan Kennedy Space Center in the 21st Century KSC The International Gateway to Space, Earth & Ocean Science KSC - The International Gateway to Space, Earth and Ocean Science Contents Our Future Awaits............................................................................. 2 KSC International Space and Science Center Plan .................................. 4 KSC — The First 50 Years.................................................................... 6 Quest for Knowledge......................................................................... 7 KSC—The Next 50 Years................................................................... 8 Letter to Michael Griffin....................................................................... 9 Letter to Sen. Bill Nelson..................................................................... 10 NASAPartners.................................................................................. 11 International Space Agency Partners...................................................... 12 Space Science — UCF GOLD Imaging Spectrograph .................................. 13 Space Science — SpaceX Falcon Cargo Delivery Sys ................................ 14 Space Science — LC 36 Commercial Launch Zone ................................... 15 Earth Science— UCF 1 OF - Florida Energy Systems ................................. 16 Earth Science - MSFC - Earth and Weather Science Projects ................... 17 Earth Science— FPL Next Generation Solar Energy ................................. 18 Earth Science — NGNP - Next Generation Nuclear Power .......................... 19 Ames Research Center— Earth and Atmosphere Science Projects ............... 20 Earth Science — KSC Emulsified Zero -Valent Iron Technology ...................... 21 Ocean Science — NOAA Coral Reef Caribbean Project ................................ 22 Ocean Science — NOAA Fleet — Okeanos Explorer ..................................... 23 Ocean Science — NOAA Establishes Eight Marine Protected Areas .............. 24 Ocean Science — Water Pollution — Florida's Cesspool .............................. 25 Langley - Earth and Atmosphere Science Projects .................................... 26 Science — SEDC Advanced Technology Testing Center .............................. 27 Science — Working Together with our Colleges & Universities ........................ 28 Science — Space Coast Transportation Infrastructure ................................. 29 Science — Working Together with our Space Partners ............................... 30 Science— TRDA 1 OF Technological Research & Development ..................... 31 Science— Working Together with All NASA Centers ................................... 32 KSC Plan Summary— Key Points........................................................ 33 KSC Plan Summary — Hosting Experience ............................................... 34 KSC Plan Summary—Cost Implementation Factors ................................. 35 KSC Plan Summary --Cost Implementation Factors ................................. 36 KSC Plan Summary -Regional Impact .................................................. 37 ISC Possible Locations —Astronaut Hall of Fame Area ............................... 38 International Science Center Access Requirements .................................. 39 ISC Possible Locations — Exploration Park Area ...................................... 40 ISC Possible Locations — Florida Tech Research Park Area ....................... 41 ISC Facility and Organizational Interface Chart ........................................ 42 ISC Design and Construction Standards ................................................. 43 ISC ConceptPlan Advisory Group ........................................................ 44 ISC Concept Plan Presenter................................................................ 45 ISG International Space and Science Center Partners ............................... 46 ISC International Space and Science Center Closing Image ...................... 47 Pg. 3 The Universe is our Domain The Earth is our Responsibility 3 KSC The Gateway to Space, Earth and Ocean Science International Space and Science Center Plan The International Science Center Concept Plan is dedicated to raising earth science and ocean science to the same level of anticipation, wonder and hope that our current space science program now provides. The project is structured as an integrated plan involving representatives from each of the NASA Centers, NOAH, colleges and universities, DOE and High Technology industry partners. It is also designed for direct participation by other international space agencies and countries that are, or would like to be, a joint partner in a truly worldwide endeavor to explore the universe and to save our own planet in the process. The Kennedy Space Center would be the historic choice to host the project in an International Science Center located either on-site or off-site. The key to the success of the plan will be the joint cooperation of the governmental, business and academic entities involved in this historic undertaking. Scientific information sharing is the major goal of the plan. The Universe is our Domain The Earth is our Responsibility 12 International Space and Science Center The access of all our International partners to NASA, to NOAA and to each other would be unparalleled anywhere in the world. Mutual respect would be enhanced and common goals could become a standard practice. For any plan to be acceptable to the Congress and the American people, it must demonstrate that NASA and KSC are equally as committed to solving earth's critical problems as they are to solving the critical problems of deep space. An International Space and Science Center will also provide facilities for new technology demonstration and public education on the latest Earth Science, Ocean Science and Space Science achievements and the new research underway by private industry, universities and public agencies. The Center would provide a global focal point for NASA to display their full commitment to the next 50 years in space and science. The Universe is our Domain The Earth is our Responsibility 5 The First 50 Year Plan NASA 1959 - 2449 KSC THE GATEWAY TO SPACE • The MOON • The PLANETS • The GALAXY NASA has completed every one of these historic objectives. The Universe is our Domain The Earth is our Responsibility D KSC w The International Gateway to Space, Earth and Ocean Science A Kennedy Space Center Concept Plan Quest for Knowledge The world's dream of manned exploration of the universe was forged 50 years ago at Cape Canaveral upon the creation of NASA in 1959. President John F. Kennedy's challenge to every American in 1961, before a Joint Session of Congress, set in motion an unstoppable chain of events. America and the entire world were galvanized by the idea. All the nations on earth stood in awe when Apollo 11 rose majestically from the launch pad on July 16, 1969. Four short days later, every inhabitant on the planet, who had access to television, witnessed first hand the most historic event in the historyof the world, when an American astronaut placed man's first footprint on the moon on July 20, 1969. We have reached out and actually touched our sister planets, and the exploration of our galaxy is now a common practice. The end of the Space Shuttle program signals the end of this first phase in our quest to explore the universe We now enter a new and uncharted era. As we embark into this new era, a vibrant NASA Space and Science Initiative could ensure America's leadership both in space and on earth for the next 50 years in our journey to the stars. And this new quest should not focus solely on outer space and the distant planets in a galaxy far, far away. It must commit to solving the myriad of critical problems that the earth is facing right now. Our planet's own survival is at risk. The Universe is our Domain - The Earth is our Responsibility 7 The Next 50 Year Plan KSC THE GATEWAY TO SPACE M I. THE INTERNATIONAL GATEWAY TO • SPACE SCIENCE • EARTH SCIENCE • OCEAN SCIENCE The Universe is our Domain. The Earth is our Responsibility. KSC - The International Gateway to Space, Earth and Ocean Science The American Millennium Foundation Inc.. Michael Griffin Administrator NASA Headquarters Washington, DC 20546 Dear Mr. Griffin, Nov. 22, 2005 You have made a courageous decision to redirect our Space Program and rekindle the incomparable spirit of the Apollo program. As you are well aware, it will be an uphill challenge justifying this new plan for NASA's future to the U.S. Congress, to the media and to the general public. The knowledge, honesty and candor that you have demonstrated in the public hearings should carry the day. Apollo was so much more than an incredible technical achievement. It was the rebirth of our nation's belief in itself. It was a turning point for all mankind — that seemingly insurmountable challenges can be overcome with dedication and perseverance. That anything is possible when judicious knowledge is blended with hard work, ingenuity and an uncompromising commitment to a noble goal. From one who served with pride at the Kennedy Space Center on all the Apollo, Skylab, Apollo-Soyuz and Shuttle Missions from 1964 to 1994, and was part of the lockdown and Return to Flight Teams for both Apollo 1 and Challenger, I fully support your new vision for the agency. You are the first administrator to have the courage to point out the Shuttle Program cost deficiencies. The Foundation provides lectures of our nation's history to schools, teachers and organizations. The expanded goals for the future of space exploration will allow a vibrant new message to be included in the presentations. Now that we have the media's attention, launching a campaign advertising that NASA is dedicated to "earth science" just as much as it is to "space science," could have far reaching benefits. As quoted from the NASA website, "fewer people know that NASA studies earth." Network coverage of the Blue Marble - Next Generation Project would graphically illustrate an outstanding "earth science' mission. Major network coverage of the Stardust — Wild 2 Recovery Project this coming January would be an excellent example of "space science" missions. Demonstrating that scientific investigation of solutions for our planet'sglobal aroblems, and life improvement for every individual inhabitant, are in fact an integral part of NASA's total mission -- could go a long way in securing full public support for all NASA programs. .A Florida non-profit 501(c)(3) educational corporation With Facts as the Fulcrum and Knowledge as the Lever, a Teacher can move the World. KSC - The International Gateway to_Space, Earth and Ocean Science The American Millennium Foundation Inc. Sen. Bill Nelson 716 Hart Senate Office Bldg. Washington, D.C. 20510 Dear Bill, July 2, 2008 it's been too long since we had a chance to talk. Thank you for your outstanding leadership in our quest to obtain the KSC funding needed for the immediate future. The loss of a talented and experienced launch crew cannot but have a negative impact on the Constellation and Ares projects - much less the trauma to the Space Coast economy. Today's situation is a mirror image of the devastating impact on Brevard, upon the abrupt termination of the Apollo Program, that you and I both lived through. My own name was placed in a time capsule on the moon by Apollo 15 in 1971 and then placed on a layoff list in 1975. Today the American people and the Congress are not enamored of outer space problems. They are much more concerned with solving the earth's critical problems in these tough budget times. Today NASA is actually solving many of these problems through science and experimentation. But that message is not getting the press it deserves and NASA's budget keeps plummeting. We need a new approach. We need to think outside the box. "Space" should no longer be an isolated independent goal. Space science can easily be merged, in concept, with earth science and ocean science. They should not be mutually exclusive as they serve a common goal. Even the term "spin-offs" could be fully replaced with "NASA licensed" products and systems. NOAA would be a valued partner in the joint effort. Unifying the Centers, as one team, would expand the voting power of every Center. Allow me to submit the attached. proposal for a new vision for KSC and, in fact, for all the NASA Centers. 50 years ago NASA accepted Pres. John F. Kennedy's challenge and launched a brave new plan forthe future. It galvanized both the American people and the entire world. We have accomplished that initial plan. It is time for a new challenge. Ronald B. Morgan, Pres., The American Millennium Foundation, Inc. Life Member— Missile, Space and Range Pioneers Jefferson Award - 2008 @ 2008 AMF, Inc. 10 KSC - The International Gateway to Space, Earth and Ocean Science National Aeronautics and Space Administration Partners NASA HQ. Charles Bolden, Jr. Administrator Dpt. Administrator Lori Garver Ames Research Center - ARC C.D. Simon `Pete' Worden Dpt. Dir. Stan C. Newberry Dryden Flight Research Center - DFRC C.D. Davi_d_D. McBride Dpt. Dir. Dennis Hines Glenn Research Center GRC C.D. Ramon "Ray" Lugo Il[ Dpt. Dir. Goddard Space Flight Center - GSFC C.D. Rob Strain Dpt. Dir. Arthur F. "Rick" Obenschain Jet Propulsion Laboratory - JPL C.D. Dr. Charles Elachi Dpt. Dir. Eugene Tattini Johnson Space Center - JSC C.D. Michael L. Coats Dpt. Dir. Dr. Ellen Ochoa Kennedy Space Center - KSC C.D. Robert Cabana Dpt. Dir. Janet Petro Langley Research Center - LARC C.D. Lesa B. Roe Dpt. Dir. Stephen Jurczyk Marshall Space Flight Center - MSFC C.D. David King Dpt. Dir. Robert Lightfoot Stennis Space Center - SSC C.D. Patrick Scheuermann Assoc. Dir. Arthur "Gene" Goldman Wallops Flight Facility - GSFClWFF C.D. William Wrobel Dpt. Dir. Craig Purdy Know full well the dangers that our astronauts continue to face on every mission. Exploring new frontiers will always require equal doses of caution and courage. 11 KSC - The International Gateway to Space, Earth and Ocean Science International Space Agencies (Page 1 of 3) • AEB Brazil Brazilian Space Agency • AEB Brazil Agencia Espacial Brasileira • AEXA Mexico Mexican Space Agency • AEXA Mexico Agencia Espacial Mexicana • ANGKASA Malaysia Malaysian National Space Agency • ANGKASA Malaysia (Malay: Agensi Angkasa Negara) • ASA Austria - ESA Austrian Space Agency • ASI Italy - ESA Italian Space Agency • BIRA-IASB Belgium - ESA Belgian Institute for Space Aeronomy • BNSC United Kingdom - ESA British National Space Centre • CBK Po[and - ESA-PECS Space Research Centre • CBK Poland Centrum Badan Kosmicznych • CCE Colombia Colombian Space Commission • CCE Colombia Comisi6n Colombiana del Espacio — CCE • CCO Colombia Comision Colombiana del Oceano - CCO • CEP Portuga[ - ESA Portuguese Spacial Company • CEP Portugal Companhia Espacial Portuguesa, Lda. • CNES France - ESA National Center of Space Research • CNES France Centre National dttudes Spatiales • CNIE Argentina National Commission for Space Research • CNIE Argentina Comision Nacional de Investigaciones Espaciales • CNSA PRC China National Space Administration • CONAE Argentina National Space Activities Commission • CONIDA Peru Peru Space Agency • COPUOS United Nations Committee on the Peaceful Uses of Outer Space • COSPAR International Committee on Space Research • CSA 1 ASC Canada Canadian Space Agency • CSIRO Australia Commonwealth Scientific and Industrial Research Organisation • CSIRO Australia First World Science Agency„- 1926 • CSO Czech Republic - ESA -PACS Czech Space Office 12 SPACE - EARTH SCIENCE University of Central Florida - GOLD Imaqinq 141rr_I_I_IL1_. - _I_I.I.Ii Spectrograph U_CF Research Team Project for NASA's first Science Mission on a Commercial Satellite GOLD Camera will improve GPS and Satellite TV reception. GOLD — Global -Scale Observations of the Limb and Disk SPACE & SCW-NCIC TUESDAY THURSDAY Education Growth & DM' L"e"nt UCF physicist strikes GOLD Expert is the first from the school to lead satellite project for NASA 1 11V PATTUIXPETE0.SON Y;�' AlvpaY , CAY�('�1NnViW.l.—An orbh- �~� ' s6mmeredesi ed byal]niver- 1 � '3. afy of Central N� da reseerthCr i •y _ ]d be preJleting spnee _ ♦ �herby1013. Those prndtetioos eoem usmsp ^�4'leballbsMoning5� ' t Iellite teletiainn mpnnies, �`J ?`.;`_ f mmunlmUons businr�scs and \` '3 T ,he millauy undarstond vndmm- - 1 "',, d pennate far electromognedc In- � lY _ N etrupliun5mmehslgnals. �l ti 1:C;1r ph I ' yaiei�[ Rirhartl Easres i ,', it 1iaH ape l almPsl y :lrc tle- sli�jting the Giabatsca{e Obsc�. �': -, � ri vmt{ans of the 1-imb and Disk, n fiOLO, rmi�- )U n As the univarxirv'x firxr prind- pai In lc dilw arasnlc]I3repmJ- ro-rt 01-1 Con on`,cructl. nm[hnl wRl61,n HIZ3s wercd camera. llni— ly or Central Florida physicist Richard E ,ton Iced, s team that will a�— ll aC9 MRatrpRlAn and Inanch a(An nsVacilan and iaurtch of an Imaging Spectrograph than will go Into arhlt att ctt top commercial h tellapCCtn w'Yd a nll'ai«'Sllj o ynlcatlans 5ptoll@e. The tool will Woh at weather, or hlFRel mole an- In sq Cn. it attached to a catruuer- comm (i 'hNlt mtuuu{catiorrssatel.- p ^lt would heap ...,aa Ihe'a �..� r+r "im exceteci. Et'eq•Iwcly9s cxcitccl." r the es.oti s of space weather," •��]Q lt->t 1iC Y7Ila1 >=i.stes said. s \� L'nrsrrairy afe'enrrel FYanr7nplrfpririef ltr'rhmrffulra- F spew wcaJtcr is the range of b{glt-eaugrndiauon, such m X- rayaandgammar thaI at- Gelthelafpst apaoenewain our mosP11 bombard the Earth's at- spas ]cum Fame Trench hlog: .Protect inUudehClping Gln unit. Oceanic and Atteosphcrle Ad- 1 mmp[tare. Dorldatodaymm(space become more aCLhlratc end prem mintatral(oR's $paco Weather a The! (:DI.1'] rametx, tidinK a dic[Inq when cont.—Icatipn.4 Prediaddo Center, the NaHpMI q speeecaR in a 22,oggle IIIc problems will —bemuse of Canter for Atmospheric Re- It stalbnluy orbit, will p=,—_,1 Thou [he nJsaihn tensa srgaalvtlertvpdons. 6eareh'6 High Alt31V do 04acrv- Il the Ionosphere below at an u!d- Pn� Tho 63 -pound [pmera will be mory.thC Unieprtfy ofCnlLLomlo WdaofrNoe116ztnbe5.meas t°P. fnbou[350 million, it is Con- niTpehedton3-tn5-tortrammrtry or Rerkeleyx Spilt:e SAlt, 'es itstCmpemhtreandepmppasMons nomkal decau5c the irra[rUrxtell[ rinlsatellile Ike Lnborotnry, the Nava] Research ti Tho tome— alsowrilldcrco df. `01] bC omlched too cO"rerdi l fromlhe Caribbean ar Russia Labomiz and Computation femmes in ionized -.1 -Ira by telee{slonsateLLile. The sme[lite company, sEs physics Inc. h cronsuring the u1rra.iolet 1{g1jI 11 hr a satellite inaePett- AMERICOM. h. abotn I6 cora- T7te satellite project {s atte re- lheyretease. - den[ly would cos[hundroda of munlcutionssateLLhes{narbbnnd sup o[VCFs focus on impro.ing . "trtost of h la light than I. pm- mflllonsofdollnn. s interested in the research, It physicsundasIcxm rtydcpart- ducedinlheupperumoaphere "It's oc]teup x -ay to gena amen wIS{Clr eodld helpiffibusiness. rrSenlK. when the sun hits iv dy the x -ay payload jnto apace quickly,^ sa{d LfCPe team membe- include "1'm zcked. F._ bntly La ton colors eh. nge, wo coo de- AndreyKM'anos,whq daaigned profess- lame. Henry, Has- cited,^ Esslca said.'This is n Mg 1 lenntae what's happening,^ sa{d the coraco and recently' grade- an Fento.h, .tun Wnng pod Hui- nmplishm __ inrtht un{ver- I Ea sten. who is ave iseoi ng Nted from UCFu�lhn doctnmtC in yang Zhou. airy., I NASA lust sct'n- ottoman TO V}di— Parmery includethC Urlh'Crx1IY CartwtPetrrwn.161"". be t]o.vn on a mnunes+dal..mel- Practical oppLLcafo l fur the of Colorado. ch. Nati.Dill w owe.nenelwna.eaavy.sw.r. 13 SPACE SCIENCE SpaceX — The Wave of the Future Venture Capital Innovation New Commercial Launch Vehicles to Support NASA's I S S On September 28, 2008, history was made when the Falcon 1, designed and manufactured from the ground up by SpaceX, became the first privately -developed liquid fuel rocket to orbit the Earth. Falcon 1 Test Flight from Omelek Island in the Kwajalein Atoll All photo credits: SpaceX. @ 2008 AMF:, lnc 14 SPACE SCIENCE LC 36 Commercial Launch Zone A launch complex at Cape Canaveral Air Force Station is being licensed by the state of Florida as part of a larger plan to develop a duty-free trade zone to the International Space Station. With the Air Force, the state will rebuild Launch Complex 36 and make it available to multiple small- and medium-sized rockets capable of carrying payloads into low earth orbit. The Kennedy Integrated Logistics System can manage any new launch facilities under Dwg. 79K09579. 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Spa 1n April v:vJl anara rlvnto apaco bus l- IJ,nt wlah to launch frc.m zG0. l'ha Cautarnln company .007.laoUa I. ima [0 1Raancta I'nleoa J Krta rw �arian.^ NASA ean..![.t�-Jy ie cvnsEder- from 4runch Complex 40, rrcNA-SSun cntnpiellx ri�n� x FY[a - Fnag boatirayr a cvmmarrJol launch mnlex that WJ mmo- ''A bui T..nunch Complex 36 in 106 for the At]uwCevta.rr ne..wJitloa, q WH.ttr a comialaac 36 t Cape GI dRly lnrlfor roelae[e at ICSC or a,_ tvrnntive aaxew at Capal�anareaaal. chs[. C]var by vurn.a 11.44 t 44 lr hnw[ed 145 [uunChcA tl,a1 qlr Farua SteLon la von proven[ conoalpn imin A wile bvtaw«n racly[la¢d Launch Melrcued miasloaaa tv [hn n, +y. Mp[-�. Jupltnr nna Snt- �nunCbaupmisaFonsathe[ ulr bs. la vola a-P[ax 41At 11.1.u der Wvsldonatln- u Tl,e iErwt AUna-Cct,luur launch tine �r tha count planet Illgra[s. A nc d pv[vntln] Ito ix Io- S -[.m tha CPmpinx wr,a on Mny P, n nal Rvcnnnnluwan rs,ted va tb4 edSe oPtl,o MovctW to l�[•'a4n'nOrlh oitlaeawai[n Pl iliGi. Tlaa ]e[at launch from the ia_ rJllty ]oRortlmaxpw Ce vn lh_Vhatil _yn_ llndu 13nech. _ v[vno on Talc. 3,LGug,Aclas- Cwnwe[na[re.son ne �wg.as alSad PpylvuJ owr..x1 by the Na- o wru.n ney[In[oaor-ee FIa a plans duty-free launches Zox1e gives irluei11:1Ves fA C17111rineycial foci{et$ al ftsON msale,ow�l' oAV G�U•L' C.PaNAYI?un. — A auunnh cvam fx. bxir[ng if c•n C•d by the wfnte of 1-10 i�1rn as purl of a lnaEnrpl[,n to davolnp a duty-rrea oda Anne m thn In[ornntl Rtanl $penC Stn_ lv ,rklaatr bnr.J la. bond with 11" Air YnrCO- the s[n[c w Id xob Wld [haunc]a Comp{ox :s ti and mul[o It avaklnble•,o mu[- tlnlra nmNl- and mndJum-wi>•c roc/cc[a - pp bm pr' earry:nl; c[+mmercinl raylonaa into low Lrn[Yl, oa-bl[. '1'ha nn.v ��aaaanlnx w.a.ud �amw»m.�..r n �araponad cnmmelcini ln,rracla Eta. [vr algtr rOclvc[s [i,ut NASA mll;lalahvn[ ut Kvnr•[vJy::pncc [.nnTer. A $I4.5 mLuoaa a z=Prlat[oa from hl. l.uJ;Falu[uro lien eh La Year wi1F o blo "I ryd to [n io head wlrh [ha prclht,l- knitlnlwltCntn ion nlmc Rw ♦vau �, wlu nrrnRmt rluri-. cn]E fa.,thn Cvrn a]ex fu R••. tJ[e h. -•ora r „ c[amm4[t-1w � ni, z a. ulnll; almllnr <o :, d=sYeo r tesgta 'Cmtic -Lone lhnt wov lda,ry j ro. camPo- niea with tarlFi andtrix relief. Ft m1};ht u• nand up w tion Imurran[ Innn] Sl -•ane titurinn—nntl�� 6 hR wn.rnrca mN �a 1n1vF bnrlalt— Le.iJi>_sJ.a[rvvcks�Ecr•t. • wd�aJ Slobt.t L �Thls - . Lavdrn dGW-" i�cb Rrnrn nSvncey nrnnred eo nmm�t naw netn- spnco buslaaess. '•Y']oridn lana Krone lc6neY to S'ee 1J VFY-p'1[.EC, 7A 15 EARTH SCIENCE Next Generation Energy Technology UCF -gets $8.75 Million for Energy research. Energy experts plan to help Floridians temper rising energy prices through a new statewide consortium fueled by a $50 million state investment. The Florida Energy Systems Consortium will bring together researchers, facilities and technology from state universities to work jointly toward higher energy efficiency. EARTH SCX�NCE -LTCV gets Bar energy research sun .oat. otrr.ctof aob aoatlr ar u,a r�orl•i„ snlnr en<rr,• canter 1.. enaa':;y axperYa Plnn 1n ite1P C•',cva Eulaea a tour thfvnCl+ the center, a4vwlnC avn,a of Ila eater Plorltllxna lemlae� �iwlnR cnery� nnnaln. IaWa.•ca+ r'a �•,rRh n c,v ara+cvnau ca by u S4D n - Linn P it-Y[a o •,+rs1v u '-t'ba YCwenrai. la oily the bo- vlavcytmane Ilene, nna to de,• 1vp aa,•a,.e:ua f-ye,e,ie,R; Jlm %•Pauou, ui. mte.r o[ II Tha }yvrlan +:•• ria• sywhthma vv]nr enP•p�v fPcbnalog[us ana ,o IItIMI "r':'LA- 16 m tacwif ar t�-c1,� � Meeh nYtltRl w.JexwiD ba ao,ac I�dinnwu�[emen<.'Thrani�h ti,a, to . rwlcles ro by n�+en,chPt� a[ti.c mu,tao s•r rn rftum, wu wat cla- vulul� and xciract nuw induwiripa ownxd b�i;ner anorlps uttl- - 'moo la,>✓„en:vicemormca�vx. lln: v>;wer«i o4r noWml,�.•i rand eetmuluffiaK + wuPPatt ro- a . aaw nates t r:d �:en _ v ih. e rpy ei..eaan� a oaa ,air the ittyy � st.au u.u- aw.N.Wit ,tApa..,,.r., fu vy�uy.rn. to .a. f etl [nn, mill tC�v c 4 t l.a crn DaD arltlx• 1 }Yule ntfa.�.>tln Ini- �'it 'w ]D .1iter Public ulrshi�,c ra_ ubii atilt a cc rat V' nv.b will4ree»Ive SN.93 `� o unk wil rs.n Wbuea �o sa n- �a a� _ osa �,is iiro �i�rnn. nrn a .,� ,rco•. - np nn a a se now r rrPf,n, +-amu. `;.Yawn e ,;u�xon„i_r:i. 7n ia� nc.cr c, „i�w c�trr tae , rn .Ic- r`inPlns �r u.aio,: - e,G �tiur, n.,w•, Rai a��o�i er'.�,d ,vile mot su.:s alta„ I. raruK on l,nw •nhnmelLY �>i naw oyPtr,+max r,ha acaii, ,and uxa nr anarizv-.a,.inir .. wnrsemcle•,�.-� r,•.ar wan..r>•. =e=-aaay a. i...,. mnlcana,v u,,.taxlalir��cnnwiruc- ac,•/cs.>ucb nx walarny,ala. r...re+wxw•naawr eor., 16 On-going NASA Science Projects MSFC Earth and Weather Science Proiects SPoRT - Short-term Prediction Research and Transition Center Managed by Marshall scientists in concert with other university, government, and private sectors, and including the National Severe Storms Laboratory (NSSL). OMEGA Observing Microwave Emissions for Geospatal Applications Enables global retrieval of using small, special -focus the global water cycle, and ■ /■ ■ R .. soil moisture data satellites to analyze improve weather @ 2008 AMF, Inc. 17 Earth Science Next Generation Solar Power The Florida Public Service Commission has authorized FPL's proposal to build three solar energy plants in FL. ($688 M) including one at the Kennedy Space Center. Upon project completion, Florida will be the 2nd largest supplier of utility -scale solar power in the nation. The three plants will produce 110 megawatts. All 3 solar sites can be visited in one day from KSC. FPL breaks ground on solar plant INDIANTOWN - Proclaiming green the new gold, Florida Power & Light executives on Tuesday• marked the ground -breaking of the first of three new solar power projects that will eventually make the state No. 2 in the nation for energy from the sun. • FPL says the facility in south-east Florida will be the world's first hybrid solar plant to connect to an existing fossil fuel plant. It will use the sun's power to generate steam and offset the use of natural gas, making the facility more energy efficient, company officials said. "When heat from the sun is available to produce electricity, we're going to use less natural gas," said Lewis Hay III, chairman and CEO of FPL Group, Inc., Florida Power & Light's parent company. • The $476 million plant will produce 75 megawatts of solar capacity, enough to make electricity to power up to 11,000 homes, • The Martin County facility will use more than 180,000 mirrors on about 500 acres of land to capture the sun's power. It is set for completion in 2010. • Construction on two other FPL solar plants is aimed for next year. EARTH SCIENCE NGNP - Next Generation Nuclear Power Modular Transportable Reactors MMDR - Multi -Modular Deployable Reactors • The Department of Energy (DOE) has selected Idaho National Laboratory (INL) as the lead national laboratory for nuclear energy research. Per the terms of the Energy Policy Act (EPACT) of 2005 (EPACT2005), Title VI, Subtitle C, Section 662, INL, under the direction of the DOE, INL will lead the development of the Next Generation Nuclear Plant (NGNP) by integrating, conducting, and coordinating all necessary research and development (R&D) activities and by organizing project participants. INL will be responsible for conducting site- and project - related procurements and coordinating project efforts with industry and the international community. @ 2008 AMF, Inc. 19 Ongoing NASA Earth and Atmosphere Science Projects AMES Research Center UARS - Upper Atmosphere Research Satellite UARS measured ozone and chemical compounds found in the ozone layer which impact Air Quality. UARS has now been replaced by Ames AURA and EOS satellites. The Earth's Air Quality Is Fundamental to Public Health And Ecosystems The atmosphere has no political boundaries; air pollution moves great distances across oceans and continents. The quality of air is a major health issue. @ 2008 AMF, Inc. 20 EARTH SCIENCE Kennedy „Space Center Emulsified Zero -Valent Iron Technology Emulsified Zero -Valent iron (EZVI) technology shows significant promise as a cost-effective remediation technology capable of expediting dense non -aqueous phase liquid (DNAPL) source zone remediation and groundwater cleanup. It was developed at KSC. The EPA has reported that DNAPL"s are present at 60% to 70% of all the sites on the Superfund National Priorities List. EZVI is a versatile technology that can be used at many of these locations. Remediation can now be done in months rather than in years. KSC has patented the process and has licenses available -for qualified companies in commercial use. @ 2008 AM F, Inc. 21 Ocean Science NOAH Coral Reef Caribbean Project Since NOAA's last report in 2005, the Caribbean region has lost at least 50%. of its corals, largely because sea temperatures have risen. OCEAN SCIENCE FLORIDA 1°1 .�a. lull S, 2008 NE"SIMITORMI llvFX.VV,]9incEtan�itiuridatoday.mm or242�iGf i Coital reefs in severe deeline NOAA fin& almost half in US in fair, poor conditionhave also end steghntn ro a< they. sllernatl°'or Coad 7 Y have also been Sis[etl a9 threat- Reef Symposium in Fort latu. Sped under the PndnngerSd derde�. ' .vsstxinlm parrs repo Adminlatratioa rt serve as acarines es need camlreefs Species Act, apr ore Tho report's authors noted breeding groan for mangy of to live and tnow, while 90 p¢r- tions to receive such protections such OAA was the fine[ detailed IJO.? P. PORT LAUDERDALE —AI• the wand's seafoodspec]esand cent of the fish caught commer• bascdonmPid drdines. study to go beyond anredolal most half the coral reef a osys- act as indicalora ofovarall ocean cialiyusereefsmbteed. The 569 -page report took 16 etid7 and patchy' sr]ence la temp In United Storrs territory health. "Ifweloselhereefs,yovlosea months to mmplcte x9ltt input pmvideroncJruive dots that the urn in poor or fair rnndition, "i'Iteyare a major indiratorof very significant and Important from 270 federal, shite and ani- nation s mrsl reefs are in trou-. mostly because of rising ocean somelhiag drat could go wrong habitat,"Kceneysald. cersitys 'enlists. Itdoc cnled ble. temperatures, according ton with the environment," said Since NOAA's lust report in 15 ucos�•stemsin V.S. sta[cs and '\te Cret nc[vaIIy document govetnm¢nt report released Timothy Keeney, NOAA's dap- 2005, the Cunbbean rel;ian has rerrimnes, including rhe V.S. these decliucs now," said ]ennv Monday. ury assistant secretary for lost a[least 50 percent ofiG mr- Virgin 1sSands, pveno Rico. Waddell, coeditor of rho study The reefs discus.d In the Na- oeeansandalatosphere. als, largely becuvse sea tem per- klorida, Hawaii, American Sa- and a NOA.amarinehtol.&L tionaloceanic andAVnospheric Keeney said 25 percentid of all etureshmerisen, Kceneysa mon and Guam. It was released J' See [iF _ 08 NOAA - Ocean Science NOAA - National Oceanic and Atmospheric Administration Senior federal officials today in Seattle commissioned Okeanos Explorer, the first federal ship dedicated solely to exploring the ocean. A former U.S. Navy surveillance vessel, the ship was transferred to NOAA in 2004 and converted to perform ocean exploration. The Okeanos Explorerwill use telepresence — satellite and high-speed Internet -based technology -- to enable scientists on shore at any of five Exploration Command Centers to participate in and direct real-time exploration while viewing live images and other ocean data. John J. Sullivan, deputy secretary of commerce and retired Navy Vice Admiral Conrad C. Lautenbacher, Jr., under secretary of commerce for oceans and atmosphere and NOAA administrator, led the commissioning ceremonies. This vessel will have a significant role supporting President Bush's Ocean Action Plan, helping us learn more about this vast and largely unexplored realm of our world. Additionally, the government saved American taxpayers millions of dollars by refurbishing a surplus ship instead of building a new one for ocean discovery," Sullivan said. The ship will work in partnership with the University of Rhode Island's Inner Space Center, the hub for the ship's exploration activities. The Inner Space Center was developed by explorer Dr. Robert Ballard, best known for his discovery of the wreck of the Titanic. In addition to the Inner Space Center, Exploration Command Centers are located at the University of New Hampshire, Mystic Aquarium in Connecticut, and NOAA facilities in Silver Spring, Md. and Seattle. Live images from the seafloor to NOAA's Exploration Command Center in Silver Spring, Md. 23 OCEAN SCIENCE NOAA Establishes Eight Marine Protected Areas NOAA has established eight separate marine protected areas encompassing a total of 529 square nautical miles in south Atlantic federal waters to shield deep -water fish species and their habitats. All fishing for snappers, groupers, tile fishes, grunts, porgies, and sea basses is prohibited throughout the protected areas, which are located off the coast from North Carolina south to Florida. The South Atlantic Fishery Management Council proposed the action to NOAA's Fisheries Service as part of a larger management plan to protect these South Atlantic fish populations. "I applaud the hard work of the council and the strong spirit of cooperative conservation among commercial and recreational fisherman to take decisive action to conserve habitat in order to sustain healthy fisheries for generations to come," said James L. Connaughton, chairman of the White House Council on Environmental Quality. The new protected areas range in size from 21 to 150 square nautical miles. There is one area off North Carolina, three off South Carolina, one off Georgia, and three off the protected areas off Florida. NOAA — POES (Polar -orbiting Operational Environmental Satellite with SEM) -- Live on Web 24 Water Pollution - Land and Ocean Sewage Treatment Wrecking Havoc on State Waters Report by Clean Water Network of Florida provides evidence of serious infrastructure dysfunction in many communities along the Gulf Coast of Florida. On the East Coast outflow pipes from South Florida cities are impacting the Atlantic. Our legacy to future generations hangs in the balance until new water science can be brought to bear. .Turning Florida into a cesspool Poor sewage treatment is wrealang havoc on state waters While it has slowed down re While funding for i„�struc- come athingofthepwL Gently; Florida's growth has boomed in recent Linda Young tpre is always United, thereare creative ways to pay for needed Our lawmakers should also ban dis- years.Unfortu- natcly. thes gtowih has seated a lot of problems since it has out- r.� t.,� :: Guest upgrades. The city of Sanibel wanted to all now surface water charges, and phase out exisdrig ones. And spills should have bet - paced our ability or willingness - '' Columnist removeseptictan}cs and improve terirac[drtgend publfcnotice, es - to ad=its lmpacis. Schools, its tteatmeot faapity After edu- pedally if they are a source of roads, wafer supplies are all permitting of leak -prone septic eatmgthepubliconthebenefits. beach contamination. strained. tanksystems a vote was taken that resulted in Safe and effective wastewater And nowhere is this crisis theoommunityagreringtotaxit- disposal Is not out of our reach. more apparent than in Florida's To add to theproblears,laxcn- self to help pay for sewage sys- Butftcanonlybeaccomplishedif sewage treatmentinfrastructule. forcernentbytheF7ondaDepart- temimprovemeMs. dfizensdemandit, and ifthereis is= recent report issued by = mem of Environmental protea Anotberobvious need is better the political will among decision Water Network of Florida pro- (F'f)E� has enabled a situs- tionvides campiiance with our latus. FDIP makers to take action. The alter- evidence of serious infra- don where it is cbeaper for mu- anforcetnent of wastewater via native is for things to only get structure disfunction fn many refcipalftiesandprivatef 2yuunt latfons should be avift and car- worse. communitiesalongihegulfooa_st plentoperatorstosimplypaythe tain,with stiff£utesthat dis; o 12aworpaorlytreatedsaw age of the state. Some of the most fines rather than repair and up- age sloppiness. Moratoriums an wanewaterwil] continue to pour common problems we found gtadelhesefacilftfes_ new hookups should kick In out of ]eal�y pipes, overflowing were: Data clearly show that our when there are chronic prob- treatment ponds, andpoorlyde- Aging sewage systems; fre- sewage wastewater infrnstruc- lems, and when afacility is at ca- signed spreyfields, in a steady quent,chronicspillsandleakage tlueisnot keeping pace with our parity andmcreasingQowtothe Gulfof of untreated or poorly treated ggrroowth and tourism. Given the Ifwearetontakcanyrealpro- Mexico, making it Florida's toi- sewage wastewater; use of faclthatFloridas$4billionto$v the state must set higher grecs.== let. I don't Think anyone wants poorly treated wastewater in billion a year wuter-related tour- goats for wastewater treatment. that to be our legacy to future spray irrigation systems; ism is based upon having dean Leptslators should start by re. generauons.r groundwaterp.ltupoocaused by water In our bays, rivers and qutnng all sewtt�e treatment fe- - as is dlroetnr or th. cl—. WA., inadequately treated sewage beach waters, this situation cilitfes lobeat least advanced. N.txoar of r�odde test wogcs to pry from injectianwells and rapid in- should be of concern to every- Nutrient and mfcrobe-laden sec- t.ct Fl.dda's spdr4m tr.ttaada, r1w nitration basins; and increased one. 'ondary treatment should be- em, wdoad..and coaWAIvintem. 8-31-08 25 On-going NASA Earth and Atmosphere Science Projects Langley Research Center Earth Science Projects NASA and Industry Join Forces for Virginia Aerospace Day Thursday, Feb. 5, 2009 in Richmond Langley Research Center in Hampton and Wallops Flight Facility partnerships in Virginia have more than 350 aerospace companies and employ over 27,000 people, generating a direct economic impact output of $5.6 billion. NASA facilities in Virginia generate $1.2 billion and over 1'1,000 jobs NACA First Wind Tunnel NACNs First Wind Tunnel NASA Langley Research Center 41111921 Image I EL -1996-69142 Langley's 14 x 22 Foot Wind Tunnel Fan Section _Ian 11 1007 Working Together with Industry Partners- Works The Space Coast One of the key aspects of all successful technology based market economies is the quality of the technical workforce. On the Space Coast there are more than 40,000 highly -skilled technical employees active in advanced manufacturing; composites and material sciences; aerospace; medicine and bioscience; telecommunications; ecological sciences; and information technology. 27 Working Together with our Universities Works Fostering... A Knowledge Environment Brevard Community College Florida Institute of Technology BCC FIT The Space Coast has outstanding educational institutions that have been at the forefront of engineering technology including the University of Florida, the University of Central Florida, the Florida Institute of Technology and BCC. SPACE EARTH & OCEAN SCIENCE Working Together with Our Transportation Partners -Works The Transportation Infrastructure The Space Coast provides one of the only places in the world with five modes of transportation, permitting intermodal shipping by Land, Sea, Air, Rail, and Space. Port Canaveral hosts the second busiest cruise port in the country. KSC has decades of experience in large ocean barge docking systems. The Shuttle Landing Facility can handle any size cargo delivery aircraft. Four other commercial airports are also available in Brevard County. 29 SPACE, EARTH & OCEAN SCIENCE Working Together with All NASA Centers - Works KSC Manages A enc -wide Projects — Now e.g. - INSPIRE NASA Headquarters selected Kennedy to manage several agency -wide projects, including the Interdisciplinary National Science Program Incorporating Research and Education Experience, known as INSPIRE. STEM Careers Science, Technoloqy, Engineering & Mathematics Supported by the NASA Explorer School Program and the DLN KSC's Interagency Digital Learnina Network in addition to the MUREP Minority University Research and Education Program @ 2008 AMF, Inc. 30 , Working Together with All our Partners Works TRDA/UF Technological Research & Development Boosting business innovation Melbourne event showcases emerging technologies - The Milken Institute recently released its 2008 State Technol- ogy and Science index. It takes a close look at each state's technology and science assets — such as investments in research and development, sup- port for entrepreneurs and qual= ity of work force— and then pro- vides rankings inavariety of cat- egories, For this year's report, there was good news and bad news for Florida. Florida ranked 37th in its abil- ity to use its technology and sci- ence assets to positively stimu- late our economy through job creation, as well as business start-up and expansion. Just four years ago, we ranked 32nd. But now the good news: Technology concentrations are on the rise in Florida. More and more technologybusinesses are forming clusters that offer above-average wages to local employees. In 2004, we ranked 29th in technology concentra- tions. This year, we rose 10 placesto capturethe 19th spot. Clearly, we are attracting Mgh- tech firms to Florida. But how can we work with these busi- nessestobeiterincreasejobs and overall economic prospdrity within our state? The answer rests with each Florida commu- Chester Straub Guest Columnist nity, and Brevard County has al- readytaken action_ The Technological Research and Development Authority (TRDA), Florida's premier tech- nology-based economicdevelop- ment organization, and the Uni- versity of Florida in Gainesville, the state's leading research insti- tution, have partnered to help some of the state's hottest new technology start-ups evolve into commercially thriving busi- nesses. On Thursday, the TRDA and OF will host the Early -Stage. Company Showcase. Six compa- nies — founfrom TRDA's Busi- ness Innovation Center in Mel- bourne and two fromthe univer- sity — will present their unique technologies that address real- world challenges. These include enhanced med- ical devices, weather informa- tion systems and solar energy products, to name afew. It's an opportunity for these emerging entrepreneurs to meet and present their ideas to angel investors, corporations and 9-27-08 @ 2008 AM F, Inc. other organizations that can pro- vide much-needed capital, pro- fessional and technical re- sources. This partnership has two dis- tinctbenefits. Fast, we are helping these in- dividual businesses grow and be- come profitable. Second, and most important, we are support- ingthe future drivers of Florida's economy — the very businesses that are going to help us rise fur- ther in the ranks on such reports like the one issued bythe Milken Institute. But in order to really make a difference, Brevard County can- not act alone. Each community in our state must develop similar partner- ships among the public sector, academic institutions and busi- ness. It is our duty to create sup- portive environments for re- search and development. We must make business -assistance tools readilyaccessible. If each Florida community fol- lows Brevard County's lead, then ourstatewill be well on its wayto becoming an economic power- house in the world of technol- ogy. ri Straub is the executive director of Florida'siechnolWcal Research and Development Authority. For lnforma- tion on TRDA, visit www.tide.org. 31 SPACE, EARTH & OCEAN SCIENCE Working Together with our Space Partners - Works United States I European Mission Collaboration Letter from DLR and DASAIERNO on SL -D2 MEMORANDUM June 1993 TO- R. B. HORGhN - 7216 FROM HERKhM XURBOHEID, DLR - DEPUTY 11I8SIGN NUMGER HANB-WILNELK UBBDnrt, PABA/ERNO - PROSECT HRNAGER SUBJECT, LETTER OF CONGRATULATION The magnificent effort you provided as part of the Spacelab and Expniment Team leading to the highly successful Zweite Deutsche Spacelab Mission (SL -D2) must not go unrecognized. The technical challenges and diffituit processing requirements you overcame were in the highest tradition of German aerospace achievements. Please accept this letter in recognition of your very valuable contribution and personal dedication on behalf of DLR and Dasa for the exceptional SL'132, STS -55 mission petionnanec and science return. Congratulation and lest regards. zStrP.G[eti X— NL-- ad/" H. Kursahcid s��\S� DFUrs�2 � 2 9C� @ 2008 AM F, Inc. 32 KSC Concept Plan Summary Key Points • Access to other NASA Centers & Space Agencies would significantly boost Student interest in INSPIRE, STEM, DLN, MUREP and the NASA Explorer School Programs. • KSC would participate in agency - w= integrated science information sharing for: • NASA Science Projects • International Space Projects • NOAA Science Projects • DOE Science Projects (with KSC Information Technology and Communications Services Overview) @ 2008 AMF, Inc. 33 SPACE, EARTH & OCEAN SCIENCE KSC Concept Plan Summary NASA Center and Space Agenc `Hosting' Historical Perspective Hosting of other NASA Centers at KSC, dates back to the Mercury, Gemini and Apollo Programs, and has been provided for all Shuttle launches. Hosting of selected Colleges, Universities and U.S./ International visitors dates back to the Apollo Missions. Hosting of international companies and space agencies, participating in specific Shuttle Payloads, has been a common KSC practice on all applicable Shuttle Missions. No change in KSC would be required. Mission Mandates @ 2008 AMF, Inc. 34 SPACE EARTH & OCEAN SCIENCE KSC Conce t Plan Summa NASA Centers and Space Agency Partners Cost Factors • Initial phase could be implemented with no KSC fixed asset impact. Existing staff has the hosting experience required. • Office space on-site, for selected and screened space agencies, could be provided under KSC contract. act. • Office space offsite would be available in the International Science Center HQ. • Joint cost sharing plans with state, region and county governments for construction costs should be negotiated. @ 2008 AM F, Inc, 35 SPACE, EARTH & OCEAN SCIENCE KSCConcept Plan Summary NASA Centers and Space Agency Partners Cost Factors • Invited participants may provide their own office and technical staff, or contract with certified local sources for qualified staff. • BCR (Benefit/Cost Ratio) in the order of 311 should be possible for investments by our regional Industry Partners and the local business community. • Operational staffing costs for the Science Center buildings should be supported by admission costs for the general public, organizations, societies and guided school groups. @ 2008 AM F, Inc. 36 SPACE EARTH & OCEAN SCIENCE Working Together Works A Kennedy Space Center Concept Plan for the 21st Century Regional Impact The positive impact of hosting the NASA Centers, NOAA and the International Space Partners who will be on site, will provide a significant boost to the space and technology industries, the business community, the colleges & universities and to the entire State of Florida. Guest speakers from many nations would be available to our counties, our cities, our clubs and our schools. National and international travel would be increased. Student exchange programs would be greatly expanded. The Universe is our Domain. The Earth is our Responsibility. @ 2008 AMF, Inc. 37 SPACE, EARTH & OCEAN SCIENCE International Science Center 1SC Possible Locations Vectorspace Blvd., Titusville South of Astronaut Hall of Fame @ 2008 AMF, Inc. 38 SPACE EARTH & OCEAN SCIENCE An International Science Center would have easy access to • Titusville, Cocoa, Cocoa Beach, M. I. , Melbourne, Palm Bay and Port Canaveral • BCC, FIT, UF, UCF, Space Florida, KSC HCS. and KSC Visitors Center • ASRC, Boeing, USA, Harris, SpaceX, Northrop, Lockheed, SGS, et al. • EDC, TRDA, FTRP and over 700 Science and Technology Companies • 1-95, US 1, Melbourne International Airport, Space Coast Regional Airport and Orlando International Airport. @ 2008 AMF, Inc. 39 International Science Center ISC Possible Locations EXPLORATION PARK Space Florida's 60 -acre property adjacent to the SLSL SLSL - Space Life Sciences Lab SLSL Phase 1 - 300,000 sq. ft. for R&D space, offices & classrooms @ 2008 AMF, Inc. 40 Florida Tech Research Park FTRP Tech may get research facility Green tech group has $25M project University Park would be a first BY JIM WAYMER FLORIDA TODAY MELBOURNE --- An international green technology advocacy group wants to build a $25 million research facility in collaboration with Florida Tech, most likely at the school's planned research park at Melbourne International Airport. No specific timeline for the project has been set. The mission would be to check out claims by green energy technology companies, as the Florida Solar Energy Center in Cocoa does for solar panels. It would be the first annex of a national green energy institute. "We have commitments for the first $25 million of seed money to make that happen," International Green Energy Council President Ralph Avallone told a crowd of about 50 at a Florida Tech green energy forum last week. "We know we need academia to vet these technologies." During the forum, Florida Tech President Anthony Catanese signed a memo of understanding between the IGEC and Florida Tech to work together to help bring green technologies to mar-ket. "It is conceivable, if money would come from this organization, a facility could be put in place," Bragdon added. "It would have to be approved by the university. That would certainly be a compatible element to our memo of understanding." In December, Melbourne International Airport and Florida Tech announced plans to develop a research park that could bring high-tech jobs and investment dollars to Brevard County. To be called the Florida Institute of Technology Re -search Science and Technology Park, the complex of up to 10 buildings would be built on a 100 -acres of airport property. It would be the county's first traditional research park directly linked to a university and could generate 3,000 to 6,000jobs. "We're looking for tenants right now," Bradgon said. "We're trying to obtain any interest from companies if they want to expand. There's several companies that have expressed an interest." 21 KSC - International Science Center Plan Facility and Organizational Interfaces JSC — AMES SpaceScience KSC — MSFC — JPL GLENN — GODDARD Bldg Int. Space Agencies International Science Center HQ. Ocean I Earth Science Universities Science Bldg. & Bldg. Industries 11 DOE NOAH BCC FPL HSWRI USA FIT OF TRDA UCF FIT EDC 42 KSC - International Science Center Plan International Science Center Design and Construction Standards • The ISC complex should be designed to LEED gold standards. • Compatibity with BREAM DGNB and Green Star international environmental protocols should be maintained. • New construction technology should be utilized wherever applicable and cost effective. • Green technology display areas should be featured in the Earth Science building. • Species preservation programs should be featured in the Ocean Science building. 43 SPACE EARTH & OCEAN SCIENCE Working Together - Works KSC Concept Plan Advisory Group Dr. Cliff Bragdon, A1CP, Dean, University College, FIT Roy Tharpe, Pres., Space Gateway Support, LLC Ron Morgan, Principal Engr., rtd., McDonnell Douglas Dr. C. Shannon Roberts, Assoc. Dir., rtd., NASA KSC & HQ Truman Scarborough, Jr., Esq. Duane E. De Freese, Ph.D., UCF The Universe is our Domain. The Earth is our Responsibility. SPACE, EARTH & OCEAN SCIENCE Presenter- Ron Morgan, The American „Millennium Foundation, Inc. Aerospace background — 39 years in commercial aircraft, missiles and space Principal Engineer— McDonnell Douglas (rtd. 1994) — Douglas Aircraft (1955) Supervisor - Planning Research Corporation (PRC) Design Engineer - at KSC for all Apollo and Shuttle launches from 1964 to 1994 Manned Flight Awareness Honoree —Apollo 10 Return to Flight Team Member — Apollo 1 and Challenger Originator & Suprv. — Integrated Logistics System (ILS) — KSC Originator— Integrated Operations Plan - Lawrence Livermore National Laboratory - Mirror Fusion Test Facility (MFTF-B) Jefferson Award -- 2008 — Brevard County Board of County Commissioners The Universe is our Domain The Earth is our Responsibility @ 2008 AMF, Inc. 45 Space, Earth and Ocean Science Plan 21st Century International Science Center Partners Kennedy Space Center All NASA Science Centers NOAH DOE International Space Agencies High Technology Industries Colleges and Universities The Universe is our Domain The Earth is our Responsibility ie Space, Earth and Ocean Science Plan Closing Image compliments of NOAA — Ross Ice Shelf at the Bay of Whales at the South Pole 47 Resolution WHEREAS the Space Coast League of Cities has been privileged to be a partner in the greatest technological achievement in the history of the world. American astronauts have walked on the moon. Astronauts from many nations have been orbiting the earth for decades in the Space Shuttle and the ISS. Scientists have captured and studied interstellar material gathered from beyond our galaxy; and WHEREAS the cities of the Space Coast have hosted governmental agencies, the international community, academic institutions and industrial manufacturing companies during the Kennedy Space Center missions that have explored our planet, our solar system, our galaxy, and the universe beyond; and WHEREAS the completion of NASA's first SO years in space signals the beginning of a new era in science and technology; and WHEREAS this new era shall maintain America's on-going quest for scientific knowledge as we continue to explore the Universe and safeguard our Planet for the future generations yet to come. NOW, THEREFORE, BE IT RESOLVED THAT THE SPACE COAST LEAGUE OF CITIES, does hereby endorse a plan to Iocate an International Science Center here in Brevard. A Center that shall support continuing technological research and collaboration for Space, Earth and Ocean Science. A Center that would enable government agencies, private industry, universities and colleges, and international space agencies, to work together for common goals while educating the public and all visitors to the Space Coast about the scientific achievements happening around the globe, as we continue to explore the universe while preserving the earth for new generations. DONE, ORDERED AND ADOPTED, in session, this 'h day of July, A.D., 2010. KATHY MEEHAN , PRESIDENT SPACE COAST LEAGUE OF CITIES BREVARD COUNTY, FL 001 - KSC BOCC Resolution 7-09-10 Resolution WHEREAS Brevard County has been privileged to have been a partner in the greatest technological accomplishments in the history of the world. American astronauts have walked on the moon. Astronauts from America and astronauts from many nations have been orbiting the earth for decades. We have captured and studied material gathered from beyond our solar system; and VMEREAS these historic endeavors were only made possible through the leadership of the United States of America and the National Aeronautics and Space Administration, as our country worked together as one people, in achieving these incredible goals; and WHEREAS Brevard County has hosted government agencies, the international community, academic institutions and industrial manufacturing companies during the Kennedy Space Center missions that have explored our planet, our solar system, our galaxy, and the universe beyond; and WHEREAS the completion of NASA's first 50 years in space signals the beginning of a new era in science and technology; and WHEREAS this new era shall continue America's on-going quest for knowledge as we continue to explore the Universe and preserve our Planet for the future generations yet to come. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, does hereby endorse a plan to establish an International Science Center in Brevard that shall support technological research and collaboration on -- Space, Earth and Ocean Science. A Center that would enable government agencies, private industry, universities and colleges, and international space agencies, to work together for common goals while educating all visitors about the scientific achievements happening around the globe, as we continue to explore the universe while preserving the earth for new generations. DONE, ORDERED AND ADOPTED, in regular session, this day of July, A.D., 2010. MARY BOLIN, CHAIRMAN BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA 4W Prodatuatton Tit of Jnbinn Barbour 19=4, 3Iodba WHEREAS, the Space Coast League of Cities has been privileged to be a partner in the greatest technological achievement in the history of the world. American astronauts have walked on the moon. Astronauts from many nations have been orbiting the earth for decades in the Space Shuttle and the ISS. Scientists have captured and studied interstellar material gathered from beyond our galaxy; and WHEREAS, the cities of the Space Coast have hosted governmental agencies, the international community, academic institutions and industrial manufacturing companies during the Kennedy Space Center missions that have explored our planet, our solar system, our galaxy, and the universe beyond; and WHEREAS, the City of Indian Harbour Beach was founded over 50 years ago and served primarily as a residential community housing the families of young engineers and other space and military workers supporting the nation's space program; and WHEREAS, the completion of NASA's first 50 years in space signals the beginning of a new era in science and technology; and WHEREAS, this new era shall maintain America's on-going quest for scientific knowledge as we continue to explore the Universe and safeguard our Planet for the future generations yet to come. NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY OF INDIAN HARBOUR BEACH does hereby endorse a plan to locate an International Science Center here in Brevard. A Center that shall support continuing technological research and collaboration for Space, Earth and Ocean Science. As proposed, this Center would enable government agencies, private industry, universities and colleges and international space agencies, to work together for common goals while educating the public and all visitors to the Space Coast about the scientific achievements happening around the globe, as we, continue to explore the universe while preserving the earth for new generations. IN WITNESS THERE OF, I have herunto set my hand and caused the seal to be so affixcd on this 23 Id day of July, 2010. MAR ANNE O'NEILL MAYOR City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Item No. Subject: Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. Department: Finance Department and Auditor Selection Committee Summary: McGladrey & Pullen, LLP, formerly Bray, Beck & Koetter, has been the audit firm for the City since 1996. Their current contract concluded with the 2008/2009 audit. A RFP was published in the Orlando Sentinel and the Florida Today on May 14, 2010, as well as published on the City's Website. The RFP was published for services for Fiscal Year 2009110 with options for the following 4 years. The Audit Committee, comprised of Andrea Bowers, City Treasurer, Angie Apperson, City Clerk and three volunteers, Burt Bruns, Paul Pritchard and James Murphy met on the 21St of June to rate the 5 proposals received. The scoring matrix was established based on items in the RFP. Weight was assigned by the Committee Members. The highest score possible was 302. Factor "m" represents the charges for services, which were not opened until all other scoring was completed. The recommended firm did have the lowest fee, but this was not the driving factor for the recommendation. The scoring matrix is attached and McGladrey & Pullen, LLP was ranked second overall. On June 28th the Committee met to hear an oral presentation by representatives of James Moore & Co. After the presentation, Committee Members asked questions of the firm. Questions included management vs. financial audit. The thoroughness of James Moore & Co. was completely investigated. The Committee recommends James Moore & Co. be selected as the Independent Auditor. On August 5, 2010, 1 attended a meeting with Mr. Greene, City Manager, Angie Apperson, City Clerk and Terrie Berdine with McGladrey, Inc. The firm has contested the Auditor Selection Committee's findings and is not ready at this time to concede the loss of the auditing contract with the City. While I think the meeting was valuable and concise, I am unsure as to whether Ms. Berdine is ready at this time to accept the Committee's recommendation. This has been a painful experience from both sides as we have had a very good working relationship for many years. It is unfortunate that the contract was terminated a year ahead of schedule, and both McGladrey and the City hold some culpability for this. Requested Council Action: Approve the auditor selection and approve the execution of the Engagement Letter. Financial Impact: The cost of the proposed audit for FY 2009110 is $40,000. The costs for the following four years increase 3% per year for the following rates: year 2 $41,200, year 3 $42,436, year 4 $43,709 and year 5 $45,020. Subject: Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. Attachments: Final Scoring for Auditor Selection; Engagement Letter Submitting Department Head: Andrea Bowers, City Treasurer Date: 8/6/2010 Approved by City Manager: David L. Greene Date: OL?((O City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 00 00 O u L" U 3 N 0 0 0 0 0 0 0 0 0 0 0 00d: �O 00 O Nr 00 N 00 IO N M M rn N m dr � It N M tt 0 tip M t�r M 't 'd' It "It O dr N M 4 p N N N N N N N N N N N N p u U � � � � N o a 3 o Wo ' x 0 0 0 0 0 0 0 0 0 0 0 0000%oo0000oco000�t10 o �-'rcrtt-,1-4444�t 4 ' GE u Vi h w 00 �D M DO w N 00 LC G 0O o 0 0 0 0 0 0 0 0 0 N IO ItN N llO \p N [F N oo O A c ri an d cV ri cV m cS m' fj u V1 0% 00 Ln 00 00 6N w O N 00 �T O or+ i 6 — --� •--� N N +--� +--� N i. w •• � o Y � a `is x 0 0 0 0 0 0 0 0 0 0 0 O 00 N O 00 N O O �D 10 x N O oo O o r d x 0 0 0 0 0 0 0 0 0 0 0 y O N %D N oo N N cY N o0 O N ' y c M N zi M M M en 't N't 4 fr x � � to kn V1 V7 V'1 Ln Ln �t ti) �t 3 M O d-0 o -o a - ba R July 8, 2010 City of Cape Canaveral, Florida 105 Polk Avenue Cape Canaveral, FL 32920-0326 We are pleased to confirm our understanding of the services we are to provide the City of Cape Canaveral, Florida (the City) for the year ended September 30, 2010, with the option of auditing for each of the four subsequent fiscal years subject to the mutual consent of the City and James Moore & Co, P.L. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Cape Canaveral, Florida as of and for the year ended September 30, 2010, and option years 2011, 2012, 2013 and 2011. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: Management's Discussion and Analysis 2. Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — General Fund Supplementary information other than RSI also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with. 5931 NW I" place 2477 Tim Gamble Place, Suite 200 121 Executive Circle Gainesville, FL 32607-2063 Tallahassee, FL 32308-4386 Da}lona Beach, FL 32114-1180 Telephone: 352/378-1331 T2l4me:850I386.6184 Telephone: 3861257-4100 Fax: 3521372 -?7:11 Fax: 8501422.2074 Fax: 3861255-3261 gnV@jrnco.com 010djn1mcom dab,djmco.com Alember ofACYlydenratfmml with offices in principal cities +rorhAvi de City of Cape Canaveral, Florida July 8, 2010 Page 2 auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: Combining and Other Individual Fund Statements and Schedules. Audit Objectives The objective of our audit is the expression of opinions as to whether the City's basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. City of Cape Canaveral, Florida July S, 2410 Page 3 Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting City of Cape Canaveral, Florida July 8, 2010 Page 4 on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention.We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. City of Cape Canaveral, Florida July 8, 2010 Page 5 Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of James Moore & Co., P.L. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to an oversight agency for audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of James Moore & Co., P.L. personnel_ Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. It is the policy of James Moore & Co. P.L. (the Firm), to keep records related to this engagement for seven years after the completion of our services (the "retention period"), as specified by the Firm's Record Retention and Destruction Policy. However, the Firm does not keep any original client provided records. Client provided records will be returned to you at the completion of the engagement. Records prepared by us specifically for you as part of this engagement (for example, financial statements and other financial reports, tax returns, general ledgers, depreciation schedules, etc.) and other supporting records prepared by us (for example, adjusting entries and related support, data combining schedules, calculations supporting amounts in tax returns and financial statements, etc.) will remain part of the engagement records. When any records are returned or provided to you, it is your responsibility to retain and protect them for possible future use, including potential examination by any government or regulatory agencies. At the expiration of the retention period, the related engagement records will be destroyed. However, the related engagement records will not be destroyed regardless of the retention period, if the Firm has knowledge of potential or pending litigation and/or investigation by a regulatory agency, and it has been determined by the Firm that the records in question are relevant to said Iitigation and/or investigation. If it is determined that the records in question are relevant to the litigation and/or investigation, the Firm will impose a litigation hold on the records thereby suspending the scheduled destruction of the records. As potential or pending litigation or investigation may not be public knowledge, we request that you inform us of any such Iitigation or investigation in a timely manner. Likewise, as it may not be public knowledge when the litigation or an investigation has been concluded, we request that you inform us when all litigation or investigation has been concluded so that the litigation hold may be lifted and the records related to our engagement destroyed in accordance with our Record Retention and Destruction Policy. Your signature below authorizes us, that upon the expiration of the seven year period, the Firm is free to destroy all records related to this engagement. City of Cape Canaveral, Florida July 8, 2010 Page 6 Bernadette Britz -Parker is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Our fees for these services, including expenses, will not exceed $40,000 for the year ended September 30, 2010 for the audit of the basic financial statements. As RFP# 2010-04 Request for Proposal Audit Services provides, "The City of Cape Canaveral is requesting proposals form qualified firms of certified public accountants to audit its financial statements for the fiscal year ending September 30, 2010, with the option of auditing its financial statements for each of the four subsequent fiscal years." Our fees for the option years 2011, 2012, 2013 and 2014, including expenses, will not exceed $41,200, $42,436, $43,709 and $45,020, respectively, for the audit of the basic financial statements. If required, the fees for the Federal Single Audit Act pursuant to OMB Circular A133 or Florida Single Audit Act will be $3,000 (increases by $100 subsequent to September 30, 2010) for each major program/project required to be tested. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Our invoices will be submitted in a manner that will allow us to demonstrate compliance with the terms of our engagement letter. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. The City will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. This engagement letter covers the audit for the year ending September 30, 2010 and option years 2011, 2012, 2013 and 2014. This engagement may be terminated by either party for noncompliance with the terms as noted in this engagement letter. The parties will provide 30 days notice of their intention to terminate the engagement. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review accompanies this letter. We appreciate the opportunity to be of service to the City of Cape Canaveral, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this Ietter, please sign the enclosed copy and return it to us. Very truly yours, �1 DDG t rev. JAMES MOORE & CO., P.L. City of Cape Canaveral, Florida July 8, 2010 Page 7 RESPONSE: This letter correctly sets forth the understanding of the City Cape Canaveral, Florida. MIM Title CALL TO ORDER: I JON a neillY ri% I milk City of Cape i% 1r' 'k Avenue, Cape Canaveral, Florida Tuesday Augu�st 17, 2010 7:00 PW F-Ttl A Z Me Approve a Proclamation designating the month of November 2010, as ';'BE A HERO MONTH" and Thursday, November 18 th as "BE A HERO DAY", in the City of Cape Canaveral, and as requested by Florida's Blood Centers. w,--- Irlm 1"64:4.I a I FA E+Js x I I III � ! r# .21 VINIggpl, - City Attorney T-40 p.m. — 7:55 p.m. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 329,20-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 ww-v,Fcityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com City of'Cape Canaveral, Florida August 17, 2010 Page 2 of'3 Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comm�ents to five (5) minutes, The City Council wifl 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. I rm-ioyomi9 IN ME #3 =1 Approve Minutes for Regular City Council Meetings of May 4, 2010 and August 2, 2010. Z Approve Resolution No, 20,10-13, appointing a Second Alternate to the Recreation Board, Steven Jarvis. 3,, Approve Resolution No. 2010-14, supporting Keeping a Retired Space Shuttle Orbiter in Brevard County., 4. Approve Resolution No. 2010-15, supporting a Plan to locate an International Science Center in Brevard County. 5. Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. 6. Approve the Third Quarter Budget Transfers, ended June 30, 2010. 7Approve an Alcohol Exemption Permit and waive any and all fees for the Friday Fest Family Street Party on 9/3/10, 1011%10 and 1115110. ORDINANCE: Second Public Hearing: 8:00 p, m. — 8:10 p. m. & Motion to Adopt: Ordinance No. O9-2010, Providing for a referendum election and ballot language for the November 2, 20,10 General Election or an Election scheduled thereafter; providing for referendum questions proposing the adoption of a new, updated City Charter and proposing Mayor and Council Mem' ber Term Limits; providing for a notice of City of Cape Canaveral Charter Referendum questions; providing for coordination with the Supervisor of Elections, providing for severability, and an effective date, at Second R -ter ling. ........ . . . . . . . . IRWIN 0- : r C,ity of Capp Canaveral, HoHda AtwLlSt 17, 2010 n Page 33 of 3 9. Motion to Approve: Ordinance N'oi. 110-2010, Annexing One (1) Parcel of Real Property Containing .67 Acres, More, or Less, Generally Located ' at 315 Grant Avenue, in Unincorporated B,revard Cou�nty, Florida, and Legally Described Herein, into the Miunicipal Boundaries of Cape CanaveraProviding for the Amendment of Cape Canaveral, Charter; Providing for the Filing of the Revised ICape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions,, Severability, and an Effective Date, at First Reading. 10Beach Vending. REPORTS: !• — 9,-00 p.m, 11. Council. QmExffl,� Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with, disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form j Council Meeting Date: 17 -Aug -1 D Subject: Appove the Third Quarter Budget Transfers. Department: Finance Department Summary: The Budget Transfers and Third Quarter Budget analysis has been distributed to Council and all Departments under separate cover. These adjustments are added to the previous two quarters' adjustments to prepare for the year end consolidated budget adjustments and Ordinance. Requested Council Action: Approval of the requested adjustments. Financial Impact: Adjustments reflect an overall reduction in both revenue and expenditures for the General Fund. All other Funds remain consistent with the original approved Budget. Attachments: 0 Supporting Documents Reviewed Budget analysis and Amendments distributed under separate cover. Submitting Department Head: Andrea Bowers, City Treasurer Date: 4 -Aug -10 Approved by City Manager: Go -4 `3 J..t a Date: 8 � 7 f t> City Council Action: 0 Approved as Recommended Approved with Modifications Tabled to Time Certain Disapproved LL 0 V LLI a Q V V? 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Activities at the event include live musical entertainment, beertwine sales, food vendors, crafUnovelty vendors & a kid's play area. Requested Council Action: Approve permits & waive any & all fees. Financial Impact: Net Revenue $1,000 - $1,500 Attachments: Xo Supporting Documents Reviewed Applications dated 8110110 Submitting Department Head: Robert Lefever Date: 8110110 Approved by City Manager: C9 GZJ `-�t Date: Sl fo f to City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application Date: / d 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. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: Elf Ze ley e,,, - Title: ZeG/-&41, (%h Firm/Organization: t' ► f �/ d f .41-e 6_444.k_ f rG� / P C_/ -ax- �t%U /j?1i17� Al� d Address: Zzod Al IV_4d11 G 'Ac. - - - etCv e/ ��? 0/A/ 47 /_ cIZ/ 0 - Telephone: fj�g = f4:� Cell: 8'&' X' 90,V FAX: gZO- 10.? 7 Local Contact: -_ - - - Jf* [Q Title: Local Address (if different from above) Type of Event: //_% JJ/ee 7 Will food be served at the event? YES _hN0 Total number of people expected throughout the duration of the event: � e Total maximum peak attendance (at any one time): sad Total parking available (on site and offsite): `1 % Catering Set -Up Date: /d / Ile Rental Set -Up Date:/ / / Breakdown Date: Event Date(s): Location(s): r -A Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. £ Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. (1) For outdoor entertainment permits which require the closing of streets, a street closure pian shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. Revised 02-23-10 h. Location of public address sound system(s). Please indicate which of the following are requested: ❑Traffic Control se of Police/Fire Rescue Equipment Q9treet Closing DVehicles/Equipment on Beach Y6ehicle Parking on City Property ❑Use of City Seal for promotion kSo'e'rvice of alcohol [ire waiver (Non -profits and City -organized events only) ❑Other (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: �� faG, f � �J, Policy No: Expiration Date: hall II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff): Brevard County Sheriff's Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: IV. EXEMPTIONS Revised 02-23-10 Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections 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. City Council approval is required for any fee waiver. V. APPLICATION REE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. VI CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. Date Signature of Appli ant or Re resentative/Title Printed name of Applicant or Representative Approved by City of Cape Canaveral: Date: Signature of City Manager Date: Signature of Outdoor Entertainment Event coordinator Date: Signature of BCSO, Canaveral Precinct Commander Date: Signature of Fire Chief Date: Signature of Building Official Date: Signature of Public Works Director Date: Signature of Recreation Department Director Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 Phone: (321) 868-1222 Fax: (321) 868-I247 Adopted: 8/l/08 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: I, all The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code, Article 1I1, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant: d ff f ,(e� � Title: eG/ems On rreG�O/' Organization: (11 d Gl/_z6n Address: E -Mail: l lel-ell of Telephone: /,,7 Fax: .4.27 Local Contact: ESaw e_ Title: Type of Event: A PERMIT FEES: Date(s): . d�,n.rr✓7�i� ,�v� . Time(s): The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required by the City of Cape Canaveral Applicant FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: D 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 Angela Apperson, Acting City Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application Date: I 41/6 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. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: d A wl Ze lal ee Title: I all "?z-C"4- Firm/Organization: "4rFirm/Organization: C l /y al eGt�f ,1 d eery — E Cle�z/ O Address: G U e rev P/ 1, c,;v a T cap e Telephone, _8�g' lVo:� Cell: 81�' FAX: I,Z.Z % Local Contact: 1_;r y - _ Title: Local Address (if different from above) Will lood be served at the event'! YES Po—NO— Total number of people expected throughout the duration of the event: sod Total maximum peak attendance (at any one time): vraa Total parking available (on site and offsite): q Catering Set -Up Date: ?h/0 Rental Set -Up Date: / Breakdown Date: c1 /® Event Date(s): Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity reap. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. £ Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. (1) For outdoor entertainment permits which require the closing of streets, a street closure plan shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. Revised 02-23-I0 h. Location of public address sound system(s). Please indicate which of the following are req ues d: ❑Tr ffic Control se of Police/Fire Rescue Equipment :6 ttrr et Closing OVehicles/Equipment on Beach C�ehicle Parking on City Property ❑Use of City Seal for promotion Cta'Service of alcohol (W*e"w'aiver (Non -profits and City -organized events only) DOther (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public Iiability 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 ($1,000,000.00) per person for bodily injury, one million dollars ($I,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: `� AJCld. r l e 6/, Policy No: 11. PROMOTIONAL AUTHORIZATION Expiration Date: Araly Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. Ill. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff): Brevard County Sheriff's Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: IV. EXEMPTIONS Revised 02-23-10 Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections 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. City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. VI CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. Date ��0�4 Signature of Applican or Representative/Title Printed name of Applicant or Representative Approved by City of Cape Canaveral: Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 75I0 N. Atlantic Ave. Cape Canaveral, FL 32420 Phone: (321) 868-1222 Fax: (321) 868-1247 Date: Signature of City Manager Date: Signature of Outdoor Entertainment Event coordinator Date: Signature of BCSO, Canaveral Precinct Commander Date: Signature of Fire Chief Date: Signature of Building Official Date: Signature of Public Works Director Date: Signature of Recreation Department Director Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 75I0 N. Atlantic Ave. Cape Canaveral, FL 32420 Phone: (321) 868-1222 Fax: (321) 868-1247 Ac lopted: 8/1/08 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: /O/d The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code, Article III, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant:/Ld�J z f ,fie l�tl � Title: ,(eG�e�. Organization: Pl e &W v G✓ elo� Address: 7,144d 1AAV, f/ G ve . E -Mail: l lefev Telephone: = Fax: _ UL /,x.27 Local Contact: �art9G _ Title: Type of Event: s): Date(s): Tirne(s): /�►iP . o� !!i//1,�@///IUPi. ��i�r% //lir /. PERMIT FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required by the,City of Cape Canaveral. Applicant FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall [seep 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 Angela Apperson, Acting City Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application 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. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: ,iee _xw Title: zleer/rl Finn/Organization: C I e Address: E -Mail: r/ e t'e'll G°/ P_ Gi 7,1 a T Ca,- e Telephone: 825M f•2a r Cell: al�! tT' = FAX: Ll?e 102 7 Local Contact: �ra-m e- Title: Local Address (if different from above) Type of Event: `QiM.ly Y//, Will food be served at the event? YES ZNO Total number of people expected throughout the duration of the event: )5 O® Total maximum peak attendance (at any one time): N/d Total parking available (on site and offsite): _Aj -/- Catering Set -Up Date: /0 Rental Set -Up Date: // /O Breakdown Date: /_I / Event Date(s): Location(s): 'i( dl �'�e . , 1';J' 6oC /0,10. v /I exll —e. Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets; etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. f. Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. (1) For outdoor entertainment permits which require the closing of streets, a street closure plan shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. _ Revised 02-23-10 h. Location of public address sound system(s). Please indicate which of the following are reque5ad []Traffic Control MUse of Police/Fire Rescue Equipment teet Closing ❑Vehicles/Equipment on Beach ehicle Parking on City Property ❑Us of City Seal for promotion F7Service of alcohol ee waiver (Non -profits and City -organized events only) EOther (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: JOG, (r 61, Policy No: Expiration Date: d 1 II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff): Brevard County Sheriffs Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: IV. EXEMPTIONS Revised 02-23-10 Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections 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. City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. Vi CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. 1jWaV'4_ Date Signature of Appli ant or Representative/Title da d e/ `eA/e4e- Printed name of Applicant or Representative Approved by City of Cape Canaveral: Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32420 Phone: (321) 868-1222 Fax: (32I) 868-I247 Date: Signature of City Manager Date: Signature of Outdoor Entertainment Event coordinator Date: Signature of BCSO, Canaveral Precinct Commander Date: Signature of Fire Chief Date: Signature of Building Official Date: Signature of Public Works Director Date: Signature of Recreation Department Director Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32420 Phone: (321) 868-1222 Fax: (32I) 868-I247 Adopted: 8/1/08 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code, Article III, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant: ld{/ - f e � /�� Title: leG/e,(c f or ,d/reG�Or Organization: C! e&44v"G✓ a✓ ^ e.�x Address: 7JT,0PdW.le f/ G !/e - E -Mail: l Ie/ eve,--o7,1,- Telephone: G Telephone: S'��/y Fax: Local Contact: cSG��1 Title: Type of Event: eel ��'%V T Location(s): Date(s): Time(s): M • die . // PERMIT FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required by the City of Cape Canaveral. I f FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: CFI//d/1 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 Angela Apperson, Acting City Manager 105 Polk Avenue Cape Canaveral, FL. 32420 Phone: 321-868-1230 Fax: 321-868-1224 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Item No. F Subject: ORDINANCE NO. 09-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER AND PROPOSING MAYOR AND COUNCILMEMBER TERM LIMITS; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE, on Second Reading Department: Administrative Summary: Resolution 2009-06, adopted 3-17-2009 established the Charter Review Committee. Committee Members were appointed on July 21, 2009. The first Committee meeting was held on 9-17-2009. The Committee has met monthly to prepare a draft revised Charter. At the 6/1/2010 Council Meeting a revised schedule for submittal of ballot language by 8-24-2010 was approved. The City Council has been meeting with the Charter Review Committee to discuss the proposed revisions to the City's Charter. The ballot questions and the proposed ordinance have been drafted taking into consideration the Committee's recommendations. Assistant City Attorney Kate Latorre made changes based upon direction received from the Council at the First Reading of Ordinance No. 09-2010 which occurred at the 8-2- 2010 Regular City Council Meeting. The Notice of Public Hearing was published in the newspaper on Friday, August 6, 2010. Requested Council Action: Adopt Ordinance 09-2010 on second reading. Financial Impact: The financial impact cannot be accurately defined as the document is still under review by the City Council. However, we have received a quote in the amount of $750.00 to review the boundary description of the City Limits. Attachments: Ordinance 09-2010 and exhibits Submitting Department Head: Angela M. Apperson, CMC Date: $1212010 Approved by City Manager: David Greene Date: Q1 q fro Subject; ORDINANCE NO. 09-2010 continued City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 09-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER AND PROPOSING MAYOR AND COUNCILMEMBER TERM LIMITS; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council appointed a ten -member Charter Review Committee to review the City Charter and make recommendations to the City Council for changes deemed advisable; and WHEREAS, pursuant to Resolution 2009-06, the Charter Review Committee performed a comprehensive review of the current City Charter and prepared a draft revised City Charter for consideration by the City Council; and WHEREAS, the City Council and Charter Review Committee conducted several joint workshops, at which the proposed revisions to the City Charter were studied and discussed; and WHEREAS, during the joint workshops, the City Council provided direction regarding the preparation of referendum ballot questions to be submitted to the voters of the City of Cape Canaveral; and WHEREAS, the City Council finds that the proposed referendum ballot questions should be submitted to the City electorate for its consideration and final approval or disapproval; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Ordinance No. 09-2010 Page 1 of 6 SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be held on the 2nd day of November, 2010, or such other date as may be authorized by law, to determine whether the ballot questions appearing in Sections 2 & 3 herein shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Each question appearing on the ballot with the referendum questions shall be voted on separately and approved or disapproved based on its own merit. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election on November 2,20 10 or such other date as maybe authorized bylaw. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. SECTION 2. Charter Amendment Proposing Adoption of New City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Cape Canaveral approve the adoption of an updated and reorganized City Charter based substantially on the latest edition of the National Civic League's Model City Charter and updating Charter provisions consistent with applicable Florida law. This amendment would repeal the existing City Charter and replace it in its entirety with the new City Charter document. The existing City Charter proposed for repeal is set forth in its entirety for reference purposes only in Exhibit "A," attached hereto and incorporated herein by this reference. The revised City Charter proposed for adoption is set forth in its entirety in Exhibit "B," attached hereto and fully incorporated herein by this reference. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Brevard County Supervisor of EIections: CAPE CANAVERAL CHARTER AMENDMENT NEW CITY CHARTER Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter, and updated in accordance with State law? Yes, For Charter Amendment No, Against Charter Amendment SECTION 3. Charter Amendment Proposing Mayor & Councilmember Term Limits. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Cape Canaveral approve an amendment to the City Charter which, if approved, will establish term limits for the Mayor and members of the City Council. The proposed amendment would prohibit a person from serving more than two (2) consecutive elected City of Cape Canaveral Ordinance No. 09-2010 Page 2 of 6 terms as Mayor or Councilmember, except that a person who has served two (2) consecutive elected terms of office as a member of the Council may then qualify and be elected for two (2) additional consecutive elected terms as Mayor. Other than the consecutive term limitations, the proposed amendment does not otherwise limit the total number of terms persons may serve as Mayor or Councilmember. (1) Text of Charter Amendment. The proposed amendment to the City Charter is as follows (underlined text represents an addition to the City Charter): Terms of Office. There shall be no limit on the total number of terms the Mayor or councilmembers max serve, except that no person shall be elected to more than two (2) consecutive elected terms as Mayor councilmember. However, this limitation shall not prohibit a person_who has served two (2) consecutive elected terms of office as councilmember from qualifying and being elected for two 2 additional consecutive elected terms as Mayor. The accruing of consecutive terms shall includeonly those terms beginning with the November2, 2010 general election and all otherterms arising out of subsequent elections. (2) Incorporation of Amendment into the City Charter. (i) If both ballot questions set forth in this Ordinance are approved by a majority of the qualified electorate voting in the referendum election, the Charter amendment proposed by this Section 3 shall be incorporated into the new City Charter at Section 2.06(c), entitled "Terms of Office." (ii) If the ballot question set forth in Section 2 of this Ordinance (new City Charter) is not approved by a majority of the qualified electorate voting in the referendum election, and the ballot question set forth in this section 3 (term limits) is approved, the Charter amendment proposed by this Section 3 shall be incorporated into the existing City Charter at Article III, Section 1, which shall be entitled "Qualifications of mayor and councilmembers; term limits." (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Brevard County Supervisor of Elections: City of Cape Canaveral Ordinance No. 09-2010 Page 3 of 6 CAPE CANAVERAL CHARTER AMENDMENT MAYOR AND COUNCILMEMBER TERM LIMITS This amendment imposes term limits on the Mayor and Councilmembers by prohibiting persons from serving more than two consecutive elected terms as Mayor or Councilmember with the exception that persons having served two consecutive elected terms as Councilmember may then qualify and be elected for two additional consecutive terms as Mayor. Other than the consecutive term limitations, there shall be no limit on the total number of terms persons may serve as Mayor or Councilmember. Yes, For Charter Amendment No, Against Charter Amendment SECTION 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described questions on the ballot concurrent with the general election to be held on November 2, 2010 or as authorized in Section 1 of this Ordinance. SECTION5. Notice of Referendum EIection. General notice shall be first published at least thirty (30) days prior to the November 2, 2010 general election or the date that the election is actually held in accordance with Section 1 of this Ordinance. The publication of said notice shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in section 100.342, Florida Statutes, and substantially in the form attached hereto as Exhibit "C" or as otherwise lawfully provided. SECTION 6. Payment of Referendum Ex eases. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the City Charter referendum election. SECTION 7. Voter Registration Books. The Supervisor of Elections for Brevard County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Cape Canaveral. SECTIONS. Election Administration. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such Charter referendum and the number of votes cast respectively for and against approval of the City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Council of the City of Cape Canaveral and upon this Ordinance. City of Cape Canaveral Ordinance No. 09-2010 Page 4 of 6 SECTION 9. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 10. Recitals. The foregoing recitals contained in the whereas clauses are hereby fully incorporated herein by this reference as material legislative findings of the City Council of the City of Cape Canaveral. SECTION 11. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida; however, each of the ballot proposals in Sections 2 &3 shall only become effective, independent of any other ballotproposal, if a majority of the registered electors of the City of Cape Canaveral, Florida, who vote atthe referendum election required by this Ordinance, approve the specific ballot question. The City Clerk is directed upon adoption of any of the proposed ballot proposals to promptly file any of the revised Charter approved by the registered electors of Cape Canaveral with the State of Florida, Department of State, as required by Section 166.031, Florida Statutes. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: ANGELA APPERSON, City Clerk First Reading: August 2, 2010 Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Election Results: Section 2. New City Charter For Amending the Charter: Against Amending the Charter: Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 09-2010 Page 5 of 6 Section 3. Term Limits of Mayor and Councilmembers For Amending the Charter: Against Amending the Charter: City of Cape Canaveral Ordinance No. 09-2010 Page 6 of 6 Exhibit "A" Ordinance 09-2010 PART I CHARTER* Article I. [General Provisions) Sec. 1. [Present city abolished.] Sec. 2. Incorporation of the City of Cape Canaveral. Sec. 3, Sovereignty. Sec, 4, Form of government. Sec. 5. Reorganization of officers. Article H. General Powers Sec. 1. Extension of general powers. Article III. Elected Officers, Qualifications and Terms Sec. 1. Qualifications of mayor and councilmembers. Sec. 2. Appointed officers. Sec. 3. Compensation of officers. Sec. 4. Vacancies in elected offices. Article N. The Mayor, Powers and Duties Sec, 1. Duties of the mayor. Sec. 2. Additional duties. Sec. 3. Election of mayor. Article V. The City Council, Organization and Powers Sec. 1. Meetings. Sec. 2. Rules of procedure. Sec. 3. Quorum. Sec. 4. Election of mayor and mayor pro tem. Article Vi. City Manager Sec, 1. Appointment. Article VIT. City Attorney Sec. 1. Qualifications. Sec. 2. Duties. Sec. 3. Compensation. Article VIII. City Clerk Sec. 1. Appointment and duties. Article 1X. City Tax Assessor Article X. City Tax Collector *Editor's note—Printed herein is the Charter, as adopted by Laws of Fla„ ch. 63.1197. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Provisions which are obsolete have been italicized at the direction of the city. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. CHT:1 CAPE CANAVERAL CODE Article XI. City Treasurer Sec. 1. Appointment and duties. Article XH. Municipal Court Article XIII. Police Department Sec. 1. Continuance of present law enforcement. Sec. 2. Clarification of titles. Sec. 3. Duties of chief of police. Sec. 4. Arrest. Sec. 5. Extending police jurisdiction. Sec. 6. Traffic summons. Article XIV. Fire Department See. 1. Authorization of fire department. Sec. 2. Volunteer fire department. Sec. 3. Duties of fire chief. [Sec. 4. Fire protection services.] Article XV. Public Works Sec. 1. Creation of department of public works. Sec. 2. Water department. Article XVI. Boards and Agencies Sec. 1. Department of public health. Sec. 2. Zoning and planning board. Sec. 3. Recreation board. Sec. 4. Recommendations. Article XVII. General Finance Provisions, Budget, Audit and Purchasing Sec. 1. Fiscal year. Sec. 2. Budget committee. Sec. 3. General budget requirements. Sec. 4. Public hearing on budget required. Sec. 5. Adoption of budget. Sec. 6. Expenditures limited to budget. Sec. 7. Quarterly review of budget required. Sec. 8. Deposit of city money and security required. Sec. 9. Annual audit required. Sec. 10. [Purchasing policy and procedures.] Article XVIII. Revenue and Taxation Article XIX. Collection of Delinquent Taxes Article %%. Financing Public Improvements Article XXI. Elections Sec. 1. Rules prescribed by ordinance. Sec. 2. Voter qualifications, method of handling election, registration, dis- qualification, inspection of registration records. CHT:2 CHARTER Secs. 3--6. [Reserved.] See. 7. Voter registration. Sec. 8. Arrangements for elections. Sec. 9. Voting hours and results. Sec. 10. Recall of elected officers. Sec. 11. Reasons for recall. Sec. 12. Initiative petition for ordinance. See. 13. Filing of initiative petition. Sec. 14. Procedure on initiative petition. Sec. 16. Petition effect on pending ordinance. Sec. 16. Referendum ballot form. Sec. 17. Repeal of ordinances adopted by referendum. Sec. 18. City attorney to draft ordinances. Sec. 19. Filing fee. Article XXII. Abatement of Nuisances Article XMU. Extension of the Corporate Limits Article XXIV. Miscellaneous Sec. 1. Building codes. Sec. 2. Constitutional provision and severability. Sec. 3. Transfer of records. Sec. 4. Procedure for passage of ordinances. Sec. 5. General Statutes of the State of Florida. Sec. 6. Conflicting laws. Sec. 7. Investigative procedures. Sec. 8. Nepotism. Sec. 9. Gender. Sec. 10. Continuance of officers and ordinances. Sec. 11. Freedom from tort liabilities. Sec. 12. Notice of damage claim required. Sec. 13. Benefit from contracts prohibited. Sec. 14. [Effective date.] CHT:3 CHARTER AN ACT TO ABOLISH THE PRESENT MUNIC- IPALITY OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY, FLORIDA, AND TO CREATE, ESTABLISH AND ORGANIZE A MU- NICIPALITY TO BE KNOWN AND DESIG- NATED AS THE CITY OF CAPE CANAVERAL, TO BE LOCATED IN BREVARD COUNTY, FLORIDA; TO DEFINE ITS BOUNDARIES; TO PROVIDE FOR AND PRESCRIBE ITS GOVERN- MENT, JURISDICTION, POWERS, DUTIES, FRANCHISES AND PRIVILEGES; TO AUTHO- RIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES; TO RATIFY, VALIDATE AND CONFIRM THE LEVIES OF TAXES MADE BY THE CITY OF CAPE CANAVERAL AND TO PROVIDE FOR THE COLLECTION, LIEN AND ENFORCE- MENT OF THE SAME; AND TO PROVIDE THAT THE TITLES, RIGHTS AND OWNER- SHIPS OF PROPERTY, UNCOLLECTED TAXES, DUES, CLAIMS, JUDGMENTS, DE- CREES, CHOSES IN ACTION, AND OTHER PROPERTIES AND ALL POWERS HELD OR OWNED BY THE CITY OF CAPE CANAVERAL SHALL .BE VESTED IN THE CITY OF CAPE CANAVERAL HEREBY CREATED. Art. I, § 2 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canav- eral Missile Test Annex, now known as Canav- eral Port Authority, extended westerly to the center line of the established ship channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Beginning at the intersection of a westerly ex- tension of the South line of Lot 21 in Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida, and the center line of the established channel of Banana River; thence along such westerly exten- sion and the South line of Lot 21 in an easterly direction to the westerly right-of-way line of Palm Avenue (SR No. 401); thence continue along the easterly extension of the last described line to the East right-of-way line of Palm Avenue (SR No. 401); thence northerly along the East right-of-way Iine of said Palm Avenue (SR No. 401) approxi- mately 2,440 feet to a point in the middle of Block 73, in the Avon -by -the -Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots —BE IT ENACTEDBYTI=LE-LEGISLATURE-OF in Blocks 73, 74, 75, and-76—being the blocks THE STATE OF FLORIDA: bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the ARTICLE I. [GENERAL PROVISIONS] Atlantic Ocean, thence East 1,000 feet to the East boundary line hereinafter set forth; and bounded Sec. 1. [Present city abolished.] on the West by the center line of the established ship channel in the Banana River, and on the The present municipal corporation of the City East by a line paralleling the shoreline and 1,000 of Cape Canaveral in Brevard County, Florida, is feet East of the mean high water line of the At - hereby abolished. lantic Ocean; excepting the lands owned by the Canaveral Port Authority and/or any additional Sec. 2. Incorporation of the City of Cape government-owned Iands as of January 12, 1962, Canaveral. and including all littoral and riparian rights per - That a municipal corporation under and by the name of City of Cape Canaveral is hereby created, organized and established in the County of Brevard and in the State of Florida., which said City shall embrace, include and have jurisdiction over all that territory in Brevard County described as follows: The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township 24 taining thereto. Together with: Lots 13 through 20 inclusive, Banana River Es- tates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida. Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy-five (75) according to the PIat ofAvon-By- CHT:5 Art. I, § 2 CAPE CANAVERAL, CODE The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Together with: Lots 9 through 12, Block 73, Avon -By -The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. (Ord. No. 11-93, § 1, 6-15-93) Sec. 3. Sovereignty. That said corporation shall have perpetual suc- cession and by the name of the City may sue, be sued and defend, plead and be impleaded in all courts and places and in all matters and proceed- ings; may have and use a common seal, and alter the same at pleasure; may acquire by gift, grant, devise, bequest, purchase or in any other manner, similar or dissimilar, receive, own, lease, hold, use and enjoy, or sell and dispose of, real property or any interest therein within or without the said municipality; may take by devise, bequest, gift, donation or otherwise any real property, within or without the territorial limits of said munici- pality, in trust for public, charitable, or other pur- poses, and do all acts and things necessary or ap- propriate to effectuate such trust, with power to manage, sell, lease, or otherwise dispose of said property in accordance with the terms of said trust; may use any of said real property, whether within or without the territorial limits of said munici- pality for parks, playgrounds, roads, disposal plants, waterworks, electric light plants, ice plants, gas plants, and the erection, maintenance and op- eration of municipal buildings, works and con- structions of every kind and character, including municipal offices, schools, courthouse, fire and po- lice stations, houses of detention and correction, hospitals, infirmaries, asylums, dispensaries, wharves, docks, toll bridges and markets, lighting and power plants and waterworks, to supply light[,] power and water for public purposes, or to be sold for profit, and buildings, bridges, works and con- struction for all other purposes that said munici- pality, through its proper authorities, may deem necessary or proper for the welfare of said munic- ipality, of the inhabitants thereof, and may exer- cise all other powers herein conferred. State Iaw reference—Municipal home rule powers, F.S. ch. 166. Sec. 4. Form of government. The municipal government provided by this act shall be a Mayor -Council Government. Subject to the limitations imposed by the Constitution and laws of this State and by this act, all powers of the City shall be vested in an elected council, herein- after referred to as the "City Council" or "Council." All powers of the City shall be exer- cised in the manner provided by this act, or if the manner be not so provided, then in such manner as may be set forth by ordinance or by general laws of the State of Florida. Sec. S. Reorganization of officers. The government and corporate authority of *the City shall be vested in a City Council and in a Mayor who shall be a member of the Council. Such Council shall consist of five members. The term of the Councilmembers shall be two years. The present Councilmembers or their successors shall continue in office until the first election of Councilmembers held under the provisions of this act. The three Councilmembers receiving the greatest number of votes in the said election shall serve for two years. The remaining two shall serve until the general city election held in 1964. Thereafter each Coun- cilmember elected shall serve for a term of two years or until their successors shall be elected and qual- ified. In the even -numbered years, the three candi- dates, respectfully, receiving the highest number of votes, shall be deemed elected. Such other of- fices as may exist at this time shall be abolished unless authorized by the provisions of this act. Com- mencing with the general city election held in 1971, two Councilmembers shall be elected for a period of three (3) years; commencing with the general city election in 1972, two Councilmembers shall be elected for a period of three (3) years; thereafter each Councilmember elected shall serve a term of three (3) years, or until a successor shall be elected and qualified. Commencing with the general city election in 1971, the office of Mayor shall be elected with the candidate for Mayor receiving the highest votes, serving for two (2) years. In the general City election in 1973, the office ofMayor shall be elected for a period of three (3) years; thereafter the Mayor elected shall serve for a term of three (3) years or until a successor shall be elected and qualified. (Amended by election, 6-2-70; Ord. No. 38-93, § 1, 10-19-93) CHT:6 CHARTER ARTICLE II. GENERAL POWERS* Sec. 1. Extension of general powers. The city shall have the powers, functions and immunities granted to municipal corporations by the Constitution and the general laws of the State of Florida, as now or hereafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumera- tion of particular powers by this act shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the City shall have and exercise all powers authorized by general laws of Florida which it would be competent for this act to spe- cifically enumerate. The following are among the powers of this City, subject to the limitations hereinafter expressed: 1- To purchase, lease, receive and hold prop- erty, real, personal and mixed, both within and without its corporate limits, and to lease, sell or otherwise dispose of the same for the benefit of the City; 2. To acquire title to submerged lands and riparian rights and easements or rights- of-way with or without restrictions, within or without the corporate limits of the City; 3.-6. [Reserved] Editor's note–Subsections 3.6., which have not been amended by referendum after July 1, 1973, and which are not extraterrito- rial powers, have been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. 7. To construct, regulate, improve and main- tain canals, livers and other waterways, and to control the development and use of such natural or artificial streams or bod- ies of water inside its corporate limits, or outside its corporate limits where neces- sary for the health, safety and general welfare of the citizens of the City; "State law reference --Municipal Home Rule Powers Act, F.S, ch. 166. Supp. No. 7 CHT:7 §i 8.-28. [Reserved] Editor's note—Subsections 8.-28., which have not been amended by referendum after July 1, 1973, and which are not extraterrito- rial powers, have been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. 29. To drain swamp, marsh, overflow and lowlands within or without the City for the betterment of sanitary conditions within the City; 30., 31. [Reserved] Editor's note—Subsections 30. and 37., which have not been amended by referendum after July 1, 1973, and which are not extra- territorial powers, have been editorially de- leted as unnecessary as home rule powers of a municipality are derived from the constitu- tion and F.S. ch. 166. 32. To acquire, own, operate, lease, construct and maintain incinerators, sanitary land fills or other means of garbage and trash disposal within or without the corporate limits of the City; 33.-38. [Reserved] Editor's note --Subsections 33.-38., which have not been amended by referendum after July 1, 1973, and which are not extra- territorial powers, have been editorially de- leted as unnecessary as home rule powers of a municipality are derived from the constitu- tion and F.S. ch. 166. 39. To pass such ordinances as may be neces- sary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the City outside its corporate limits; 40.-60. [Reserved] Editor's note—Subsections 40.-60., which have not been amended by referendum after July 1, 1973, and which are not extra- territorial powers, have been editorially de- leted as superseded by state law or as unnec- essary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules and regulations for the purpose of exercis- ing the foregoing powers and to do all § J CAPE CANAVERAL. CODE other acts and perform all other functions Sec. 3. Compensation of officers. reasonably required for the protection of the public welfare, and the rights and The City Council may, by Ordinance, provide privileges of the inhabitants of said City. for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. (Ord. No. 30-94, § 1, 8-2-94) ARTICLE III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS* Sec. 4. Vacancies in elected offices. Sec. 1. Qualifications of mayor and council - members. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her office and his or her seat shall immediately be- come vacant. Absence from four consecutive reg- ular egular meetings of the City Council, or from thirty percent of the meetings held annually, shall oper- ate to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. (Ord. No. 14-89, § 1,10-17-89; Ord. No. 38-93, § 2, 10-19-93) Sec. 2. Appointed officers. The City Council shall have the power to ap- point, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmembers. The City Council shall fix the compensation of all appointed officers of the City by resolution. The appointed officers shall be those of the City Man- ager and the City Attorney. (Amended by election, 11-8-83; Ord. No. 38-93, § 3, 10-19-93) *State law reference—Elections, state election code, F.S. chs. 97-106. If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run law," the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Council Member so elected shall take office immediately upon that person's election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Council. Mem- bers whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such ap- pointments shall be made within six (6) months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.012(3), then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same elec- tion for which the vacating Council Member seeks Supp. No. 7 CHT:8 CHARTER qualification and election, even though the vacat- ing Council Member's resignation may not be effective until after the day of the election. (Amended by election, 6-2-70; amended by elec- tion, 11-2-82; Ord. No. 38-93, § 4, 10-19-93; Amended by election, Ord. No. 23-98, § 2, 11-98) Supp. No. 7 CHT:8.1 §4 CHARTER ARTICLE IV. THE MAYOR, POWERS AND DUTIE S Sec. 1. Duties of the mayor. The Mayor of the City shall see that all ordi- nances are faithfully executed and shall be the titular head of the City government. The mayor shall be the official representative of the City at all state functions or other functions requiring an official representative of the City. The Mayor shall not have the power to veto any ordinance or res- olution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he or she were a councilmember. During the absence or disability of the Mayor, his or her du- ties shall be performed by the Mayor Pro Tem. (Amended by election, 6-2-70; Ord. No. 38-93, § 5, 10-19-93) Sec. 2. Additional duties. The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he [or she] deems expedient and proper. The Mayor shall preside at meetings of the City Council. Sec. 3. Election of mayor. The office of Mayor shall be elected commencing with the general city election in 1971, and the can- didate receiving the highest number of votes shall serve for a period of two (2) years; commencing with the general city election in 1973, the Mayor shall be elected for a term of three (3) years and thereafter the Mayor elected shall serve a three (3) year term or until his or her successor shall be elected and qualified. (Added by election, 6-2-70; Ord. No. 38-93, § 6, 10-19-93) ARTICLE V. THE CITY COUNCIL, ORGANIZATION AND POWERS Sec. 1. Meetings. The City Council shall meet at such time and place as may be prescribed by ordinance or reso- lution. The Council shall hold a minimum of two meetings per month. Special meetings may be held Art. Vl, § 1 on an affirmative vote of a majority of the City Councilmembers. All meetings of the City Council for the transaction of official business shall be open to the public. (Ord. No. 38-93, § 7, 10-19-93) State taw reference—open meetings requirement, F.S. § 286.011. Sec. 2. Rules of procedure. The City Council may enact its own rules of procedure, may prescribe penalties for the nonat- tendance and misconduct of its members and en- force the same, may compel the attendance of members and, on a four-fifths vote, may expel a member for misconduct in office or neglect of duty. Misconduct shall include the acceptance of gifts, gratuities or service intended to influence a mem- ber's consideration, vote or action upon any offi- cial business of the city. (Amended by election, 6-2-70) Sec. 3. Quorum. A majority of all members of the City Council shall constitute a quorum to transact business. Sec. 4. Election of mayor and mayor pro tem. The City Council shall annually elect from its membership a Mayor and a Mayor Pro Tem. Com- mencing with the general city election in 1971, the City Council shall annually elect from its mem- bership a mayor pro tem, who shall act as the Mayor in the Mayor's absence. (Amended by election, 6-2-70) ARTICLE V1. CITY MANAGER Sec. I. Appointment. If the City Council shall, by ordinance, appoint a City Manager, he shall be the administrative head of the government and shall be responsible for the effective administration of all departments of the City. He shall be chosen on the basis of his executive and administrative qualifications. He may or may not be a resident of the City or of the State of Florida. He shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Man- CHT:9 Art. VI. § 1 CAFE CANAVERAT., CODE ager shall be established by the Council. In the case of sickness or absence of the City Manager, the City Council may appoint another person, not a member of the Council, to act for the City Man- ager during his sickness or absence and the person so appointed may, during the sickness or absence of the City Manager, act for him and perform all his duties and all such acts of the person so ap- pointed shall be as valid as those performed by the City Manager. ARTICLE VII. CITY ATTORNEY Sec. 1. Qualifications. The City Council shall appoint a City Attorney and such Assistant City Attorneys as may be nec- essary, who shall serve at the pleasure of the Council and act as the legal advisor for the mu- nicipality and of its officers in matters relating to their official duties. He shall be a lawyer of expe- rience and practice in the courts of the State of Florida. Sec. 2. Duties, The City Attorney shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, or shall endorse on each his approval of the form, language and exe- cution thereof, and no contract with the munici- pality shall be binding upon the municipality until the City Attorney has examined said contract. When required by the Council, he shall be the prosecutor in the Court, and when required by the Council, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and con- troversies in which the City is a party. He shall furnish the Council, or the City Clerk, his opinion on any question of law relating to their respective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsis- tent with this Charter. Sec. 8. Compensation. The City Council may, from time to time, by resolution, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this act and by the Council, provided, that all special or un- usual services required of the City Attorney, the fee for which is not otherwise prescribed in this act, may be specially compensated as the Council may see fit to provide. ARTICLE VIII. CITY CLERK Sec. 1. Appointment and duties. The City Manager shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meet- ings of the City Council, and to keep correct min- utes of all their proceedings in a book kept for that purpose. The City CIerk shall be custodian of papers, books and records of the City and of the seal of the City, and shall attest and affix the seal of the City to all instruments and documents re- quiring the same; and he [or she) shall perform such other duties as are prescribed in this act or required by ordinance, or shall be required by the City Manager from time to time. (Amended by election, 11-8-83) ARTICLE IX. CITY TAX ASSESSOR Editor's note --This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. ARTICLE X. CITY TAX COLLECTOR Editor's note—This article has been editorially deleted as property takes are collected by the county pursuant to F.S, ch. 192 et seq. ARTICLE XI. CITY TREASURER See. 1. Appointment and duties. The City Manager shall appoint a City Trea- surer. It shall be the duty of the City Treasurer to CHT:1Q CHARTER receive all monies and funds coming in or be- longing to the City for taxes, licenses, fines and from any and all sources whatever, and he [or she] shall keep a faithful and strict account of all such monies and funds, and shall pay same out only upon the order of the City Council, made in pur- suance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Man- ager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City deposito- ries, and shall sign the same and present such checks to the Mayor, or in his [or her} absence to the Mayor Pro Tem, to be countersigned as pro- vided herein, or as otherwise provided by ordi- nance of the City Council. He shall perform such other duties as the City Manager, from time to time, shall require of him. (Amended by election, 11-8-83) ARTICLE XII. MUNICIPAL COURT Editor's note—This article on municipal courts has been editorially deleted as municipal courts were abolished by art. V, § 20, Fla. Const. ARTICLE XIII. POLICE DEPARTMENT Sec. 1. Continuance of present law enforce. ment. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 2. Clarification of titles. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 3. Duties of chief of police. Editor's note—Section 3 has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by opera - Art. XIV, § 3 tion of F.S. § 166.021(5). This section is section 42-26 in the Code of Ordinances. Sec. 4. Arrest. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra• territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference --Arrest, F.S. ch. 901. Sec. 5. Extending police jurisdiction. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference—Fresh pursuit, jurisdiction, F.S. 901.25. Sec. 6. Traffic summons. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference—Uniform traffic citations, F.S. § 316.650. ARTICLE XIV. FIRE DEPARTMENT Sec. 1. Authorization of fire department. Editor's note—This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38.56 in the Code of Ordinances. Sec. 2. Volunteer fire department. Editor's note—This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38.57 in the Code of Ordinances. Sec. 3. Duties of fire chief. Editor's note ---This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by CHT -11 Art. XIV, § 3 CAPE CANAVERAL CODE operation of F.S. § 166.021(5). This section is section 38.58 in the Code of Ordinances. [Sec. 4. Fire protection services.] The council shall pass no ordinance, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, or to build or acquire a Fire Station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canav- eral Volunteer Fire Department, Inc., without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc., from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. Further providing that any action previously taken by Resolution, motion or otherwise to es- tablish or operate a Fire Department or to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section. (Added by election, 11-5-85) ARTICLE XV. PUBLIC WORKS Sec, 1. Creation of department of public works. The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida." When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be re- sponsible to the City Manager for the proper per- formance of the duties imposed upon him by this act, and shall perform daily the duties of this of- fice in such a manner as may be designated by the City Manager, and he [or she] shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his [or her) duties, which shall be as follows: 1. To exercise control and direct supervision over all municipal utilities, utility con- tracts, repair and maintenance of streets, and wastewater collection and treatment system. 2. To see that the terms and conditions im- posed in favor of the City or its inhabitants in any public utility franchise are faith- fully kept and performed, and upon knowl- edge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be necessary to enforce the same is taken. 3. To have charge of the removal of garbage and trash, or franchise thereof, and it shall be his [or her] duty to see that the streets are kept clean. 4. He shall perform such other duties as the City Manager from time to time, shall re- quire of him [or her]. (Amended by election, 11-8-83; Ord. No. 29-87, 10- 20-87) Sec. 2. Water department. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. ARTICLE XVI. BOARDS AND AGENCIES Sec. 1. Department of public health. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality to create departments are derived from the constitution and F.S. ch. 166. Sec. 2. Zoning and planning board. The City Council shall have the power to create a board to be known as the "Zoning and Planning Board of the City of Cape Canaveral"' The number of members to serve on the board and its duties shall be prescribed by ordinance of the Council. CHT:12 CHARTER No problem or situation related to zoning will be submitted to the City Council prior to being sub- mitted to and acted upon by the board authorized by this section. Sec. 3. Recreation board. The City Council shall have the power to create a Recreation Board which shall advise the Council on matters pertaining to public parks and recre- ation, and serve in such other similar matters as the Council may direct. The Council may extend to this Board such powers and duties as they shall deem prudent. Sec. 4. Recommendations. The recommendations of the boards and agen- cies created by this Article shall become law only if passed as ordinances by the City Council. ARTICLE XVII. GENERAL FINANCE PROVISIONS, BUDGET, AUDIT AND PURCHASING Sec. 1. Fiscal year. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference --Fiscal year, F.S. §§ 166.241, 218.33. Sec. 2. Budget committee. A Budget Committee appointed by the City Council from its membership and such other per- sons as it may decide, shall submit a recommended budget for the ensuing fiscal year to the City Council on or before the first regular meeting in August. Sec. 3. General budget requirements. Editor's note—This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference—Adoption of budget and setting tax millage, F.S. ch. 200. Art. XVII, § 9 Sec. 4. Public hearing on budget required. Editor's note—This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference—Adoption of budget and setting tax millage, F,S. ch. 200. Sec. 5. Adoption of budget. Editor's note—This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference—Adoption of budget and setting tax millage, F.S. ch. 200. Sec. 6. Expenditures Iimited to budget. Editor's note—This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference—Adoption of budget and setting tax millage, F.S. ch. 200. Sec. 7. Quarterly review of budget required. Editor's note—This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 2.206 in the Code of Ordinances. Sec. 8. Deposit of city money and security re- quired. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference—Security for public money deposits, F.S. ch. 280. Sec. 9, Annual audit required. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded CHT:13 Art. XVII, § 9 CAPE CANAVERAL CODE by state law or unnecessary as home rule powers of a munic- ipality are derived from the constitution and F.S. ch. 166. State law reference—Annual audit, F.S. §§ 166.241, 218.32. Sec. 1.0. [Purchasing policy and procedures.] Editor's note—Pursuant to F.S. § 166.021(5), this section was repealed by Ord. No. 9-93, adopted May 18, 1993. Provi- sions relating to purchasing are found in the Code of Ordi- nances, section 2-216 et seq. ARTICLE XVIII. REVENUE AND TAXATION Editor's note—This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law references—Ad valorem tax procedure, F.S. ch. 192 et seq.; financial matters, F.S. ch. 218. ARTICLE XIX. COLLECTION OF DELINQUENT TAXES Editor's note—This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law reference—Ad valorem taxes, F.S. ch. 192 et seq. ARTICLE XS, FINANCING PUBLIC IMPROVEMENTS Editor's note—This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as obsolete and unnecessary as home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. State law reference—Supplementary procedure for public improvements, F.S. ch. 170. ARTICLE XXI. ELECTIONS* Sec. 1. Rules prescribed by ordinance. The rules and regulations for the calling and conduct of elections shall be prescribed by ordi- *State law reference —Florida election code, F.S. chs. 97- 106. nance; provided the same shall not be in conflict with this act. Sec. 2. Voter qualifications, method of han. dling election, registration, disquali- fication, inspection of registration records. A. Regular election. The regular municipal elec- tions shall be held on the first Tuesday following the first Monday in November each year. (Amended by election, 3-11-80) B. Qualified voters and registrants. Editor's note ---This subsection B., which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as su- perseded by F.S. §§ 97.041, 98.041, or unnecessary as home rule powers of a municipality are derived from the constitu- tion and F.S. ch. 166. State law references—Voter qualifications, F.S. § 97.041; voter registration, F.S. § 98.041 et seq. C. Elected councilmembers. The newly elected City Councilmembers shall assume the duties of their office at the next regular meeting of the Council following their election at the place nor- mally used for Council meetings. (Amended by election, 6-6-72; Ord. No. 38-93, § 8, 10-19-93) Secs. 3.-6. [Reserved.] (Deleted by election, 6-6-72) Sec. 7. Voter registration. There shall be no fee required for (voter] regis- tration in the City of Cape Canaveral. Sec. 8. Arrangements for elections. The City Council shall make all necessary ar- rangements for holding all municipal elections, and shall declare the results thereof. Sec. 9. Voting hours and results. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the Clerk and the majority of the EIection Board, one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the City Council at a meeting to be held not later than three days after such elec- CHT:14 CHARTER tions. At such meeting, the City Council shall can- vass such returns, and in the absence of a decla- ration of a contest, by any of the candidates in such election, shall declare the result of the elec- tion as shown by the returns made by Clerk and the Election Board for said election. A tie between two or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Editor's note --The reference to hours in which the polls are open has been editorially deleted as superseded by state law. State law reference—Poll hours established, F.S. § 98.041. Sec. 10. Recall of elected officers. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference—Recall of municipal officials, F.S. § 100.361. Sec, 11. Reasons for recall. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference—Recall of municipal officials, F.S. § 100.361. Sec. 12. Initiative petition for ordinance. Any lawful ordinance, including ordinances for the repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Council by a petition, signed by at least twenty -rive percent (25%) of the total number of registered voters in the City. All peti- tions circulated with respect to any proposed or- dinance shall set out the proposed ordinance in full and shall have printed or written thereon the name of five electors who shall be officially re- garded as filing the petition, and shall constitute a committee of the petitioners for purpose herein- after named; each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures to any petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator Art. XM, § 15 thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. Sec. 13. Filing of initiative petition. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty (30) days of the first sig- nature thereon, and when so filed the City Clerk shall submit the same to the City Council at its next regular meeting and provisions shall be made by the City Clerk for public hearing upon the pro- posed ordinance. Sec. 14. Procedure on initiative petition. The City Council shall at once proceed to con- sider such petition and shall take final action thereon within thirty (30) days after the date of submissions. If the City Council rejects any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Council to pass said ordinance, to be published in a newspaper published in the County of Brevard, Florida, and the City Council shall at once proceed to submit the passage of the ordi- nance to the majority vote of the qualified electors of the City voting in such an election. If a regular or special election is to be held in the City, not earlier than thirty (30) days, nor later than sixty (60) days, the ordinance shall be submitted to the voters at such an election; otherwise an election shall be called for such submission within sixty (60) days after the refusal of the City Council to pass such ordinance. At least ten (10) days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the County of Brevard, Florida. Sec. 15. Petition effect on pending ordinance. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the CHT:15 Art. XM, § 15 CAPE CANAVERAL CODE initiative referendum has been held and the pro- visions of the original ordinance upheld. Sec. 16. Referendum ballot form. Referendum elections pursuant to the initiative petition shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: FOR THE ORDINANCE AGAINST THE ORDINANCE The voter shall express himself by placing a cross (X) mark to the right of the line indicating his desire in the matter. State law reference—Public measures, ballot, F.S. § 101.161. Sec. 17. Repeal of ordinances adopted by ref- erendum. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordi- nances may be submitted to the voters in any reg- ular egular election of the City; provided, that no later than fifteen (15) days before such election the City Council shall cause notice of such reference to be published in a newspaper of general circulation published in the County of Brevard, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the city. Sec. 18. City attorney to draft ordinances. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the refer- endum committee of five. Sec. 19. Filing fee. The City Council shall provide by ordinance for a filing fee for all candidates qualifying to have their names placed on the election ballot, said fee not to exceed Fifteen Dollars ($15.00) for each can- didate. ARTICLE XXII. ABATEMENT OF NUISANCES Editor's note—This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law or obsolete and unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. ARTICLE XXIII. EXTENSION OF THE CORPORATE LIMITS Editor's note—This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as obsolete and covered in state law. State law reference—Annexation, F.S. ch. 171. ARTICLE =V. AUSCELLANEOUS Sec. 1. Building codes. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 2. Constitutional provision and sever. ability. That if for any reason any section or provision of this act shall be adjudged unconstitutional or otherwise inoperative, such facts shall not be held to affect any other section or provisions of this act contained, but such other sections or provisions shall remain in full force and effect as if the sec- tions or provisions adjudged unconstitutional or inoperative had not been originally incorporated in this act. Sec. 3. Transfer of records. All records, property and equipment whatsoever of any office, department, board, commission or agency, all the powers and duties of which are as- signed to any other office, department, board, com- mission or agency by this act, shall be transferred CHT: 16 CHARTER Art. XXIV, § 11 and delivered to the office, department, board, com- mission or agency to which such powers and du- ties of any office, department, board, commission or agency are by this act assigned to another office, department, board, commission or agency, and all records, property and equipment relating exclu- sively thereto shall be transferred and delivered to the office, department, board, commission or agen- cy to which such powers and duties are so as- signed. Sec. 4. Procedure for passage of ordinanc- es. Editor's note --This section has been editorially deleted as superseded by the uniform procedure for the adoption of ordi- nances, F.S. § 166.041. State law reference—Uniform minimum procedure for adopting ordinances, F.S. § 166.041. Sec. 5. General Statutes of the State of Flor- ida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, govern- ing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6. Conflicting laws. That all laws [ordinances] and parts of Iaws [ordinances] in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7. Investigative procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evi- dence; and for that purpose may issue subpoenas or attachments which shall be signed by the pres- ident or chairman of the body, or by the officer malting the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under Supp. No. 1 oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other ev- idence as ordered under the provisions of this Sec- tion shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to ex- ceed sixty (60) days, or both. Sec. 8. Nepotism. (a) No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold a salaried position with the City of Cape Canaveral. Immediate family shall be deemed to include spouse, parent, child, grand- parent, grandchild, and sibling of the whole or half blood. (b) Except as stated in this section, Section 112.3135, Florida Statutes, as amended from time to time, or any successor statute, shall govern the appointment, employment, promotion and ad- vancement of individuals in employment or to any position over which the City Council or members of the City staff exercise jurisdiction or control. (Amended by election, 11-3-92; Ord. No. 34-94, § 2,9-20-94) State law reference—Nepotism, F.S. § 112.3135. Sec. 9. Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. Sec. 10. Continuance of officers and ordi- nances. Editor's note --This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 11. Freedom from tort liabilities. Editor's note—This section has been editorially deleted as superseded by F.S. § 768.28. State law reference—Tort liability, F.S. § 768.28. CHT:17 Art. XXiV, § 12 CAPE CANAVERAL CODE Sec. 12. Notice of damage claim required. Editor's note --'Phis section has been editorially deleted as superseded by F.S. § 768.28. State law reference—Tort claims and sovereign immuni- ty, F.S. § 768.28. Sec. 13. Benefit from contracts prohibited. Editor's note—This section has been editorially deleted as superseded by F.S. § 112.311 et seq. State law reference --Code of ethics for public officials, F.S. § 112.311 et seq. Sec. 14. [Effective date.] This bill shall take effect immediately upon be- coming a law. Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963. Supp, No. 1 CHT.18 Page 1 of 19 EXHIBIT "B" Ordinance No. 09-2010 City Charter City of Cape Canaveral, Florida Preamble We the people of the City of Cape Canaveral, under the constitution and laws of the State of Florida, in order to secure the benefits of local self-government and to provide for an honest and accountable council-manager government do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. Article POWERS OF THE CITY Section 1.01 Powers of the City. The city shall have all powers possible for a city to have under the constitution and laws of the state as fully and completely as though they were specifically enumerated in this charter. Section 1.02 Incorporation of the City of Cape Canaveral. That a municipal corporation under and by the name of City of Cape Canaveral is originally and hereby created, organized and established in the County of Brevard and in the State of Florida, and became a law without the Governor's approval. Filed in the Office of the Secretary of State on May 16, 1963, which said City shall embrace, include and have jurisdiction over all that territory in Brevard County described as follows: The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township 24 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canaveral Missile Test Annex, now known as Canaveral Port Authority, extended westerly to the center line of the established ship channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Page 2 of 19 Beginning at the intersection of a westerly extension of the South line of Lot 21 in Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida, and the center line of the established channel of Banana River; thence along such westerly extension and the South line of Lot 21 in an easterly direction to the westerly right-of-way line of Palm Avenue (SR No. 401); thence continue along the easterly extension of the last described line to the East right-of-way line of Palm Avenue (SR No. 401); thence northerly along the East right-of-way line of said Palm Avenue (SR No. 401) approximately 2,440 feet to a point in the middle of Block 73, in the Avon -by -the -Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75, and 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, thence East 1,000 feet to the East boundary line hereinafter set forth; and bounded on the West by the center line of the established ship channel in the Banana River, and on the East by a line paralleling the shoreline and 1,000 feet East of the mean high water line of the Atlantic Ocean; excepting the lands owned by the Canaveral Port Authority and/or any additional government-owned lands as of January 12, 1962, and including all littoral and riparian rights pertaining thereto. Together with: Lots 13 through 20 inclusive, Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida. Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy-five (75) according to the Plat of Avon -By -The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Together with: Lots 9 through 12, Block 73, Avon -By -The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Section 1.03 Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. Section 1.04 Intergovernmental Relations. The city may participate by contract or otherwise with any governmental entity of this state or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake. Page 3 of 19 Article If CITY COUNCIL Section 2.01 General Powers and Duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 2.02 Composition, Eligibility, Terms. (a) Composition. There shall be a city council composed of a Mayor and four (4) councilmembers elected by the voters of the city at large during a non-partisan election held in accordance with provisions of Article VI. (b) Eligibility. The members of the city council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of registered voters of the City of Cape Canaveral. Any member of the city council who shall cease to have and possess the qualifications imposed on such office shall forfeit his or her office and said office shall immediately become vacant. (c) Terms of Office. The term of office for the Mayor and city councilmembers shall be three (3) years elected in accordance with Article VI. (d) Elected Councilmembers. Any newly elected Mayor and city council member shall assume the duties of office at the next regular meeting of the city council following their election. Section 2.03 Mayor. (a) Powers and Duties. The Mayor shall be a voting member of the city council and shall attend and preside at meetings of the city council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the city council. The Mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. (b) Mayor Pro Tem. The city council shall annually elect from its membership a Mayor Pro Tem, who shall act as the Mayor in the Mayor's absence. Section 2.04. Compensation; Expenses. The city council may, by Ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. Section 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by law, no councilmember shall hold any other elected public office during the term for which the member was elected to Page 4 of 19 the city council. No councilmember shall hold any other city office or city employment during the terms for which the member was elected to the city council. No former councilmember shall hold any compensated appointive office or employment with the city until one year after expiration of the term for which the member was elected to the city council. Nothing in the section shall be construed to prohibit the city council from selecting any current or former councilmember to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate to the city manager is empowered to appoint, but the city council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such offices and employees. (c) Interference with administration. Except for the purposes of inquiries, and investigations under section 2.09, the city council or its members shall deal with city officers and employees who are subject to the direction of the supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publically or privately. Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a councilmember shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A councilmember shall forfeit that office if the councilmember: (1) Fails to meet the residency requirements or fails to possess the qualifications of registered voters, (2) Violates any express prohibition of this charter, (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three (3) consecutive regular meetings of the city council or more than thirty percent (30%) of all meetings of the city council held annually, without being excused by resolution duly adopted by the city council. (c) Filling of Vacancies. Upon occurrence of a vacancy on the city council, the city council, by majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until the vacancy is filled by election. Said appointment shall occur within 30 days of the vacancy. If the vacancy occurs more than 90 days from the date of the next regular election, the vacancy shall be filled at said election. However, if the Page 5 of 19 vacancy occurs within 90 days from the date of the next regular election or the city council fails to make an appointment, the city council shall call a special election to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, unless the vacancy can be sooner filled at a regular election. Notwithstanding the requirements in section 2.11(c), if at any time the membership of the city council is reduced to less than four (4), the remaining members may, by majority action, appoint additional members to raise the membership to five (5). Section 2.07. Judge of Qualifications. The city council shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the city council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Section 2.08. City Clerk. The city manager shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of city council meetings to its members and the public, keep a journal of its proceedings and perform such other duties as are assigned by this charter or by the city council or by the state law. Section 2.09 Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the city council shall be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment for not more than 60 days or both. Section 2.10 Independent Audit. The city council shall provide for an independent annual audit of all city accounts consistent with the requirements of Florida law and may provide for more frequent audits as it deems necessary. Section 2.11 Procedure. (a) Meetings. The city council shall meet regularly at least once in every month at such times and places as the city council may prescribe by rule. Special meetings may be held on the call of three or more members and, whenever practicable, upon no less than twelve hours notice to each member. Except as allowed by state law, all meetings shall be public. Page 6 of 19 (b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Three members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the city council. No action of the city council, except as otherwise provided in the preceding sentence, in section 2.06(c) and section 2.14 shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of city council. Section 2.12. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which. (1) Adopt or amend any administrative code or establish, alter, or abolish any city department, office, or agency. (2) Provided for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Grant, renew or extend a franchise; (4) Regulate the rate charged for its services by a public utility; (5) Authorize the borrowing of money; (6) Convey or lease or authorize the conveyance or lease of any lands of the city; (7) Regulate land use and development; (8) Amend or repeal any ordinance previously adopted; or (9) Adopt, with or without amendment, ordinances proposed under the initiative power. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13. Ordinances in General. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The City of Cape Canaveral hereby ordains..." Any ordinance which repeals or amends an existing Page 7 of 19 ordinance or part of the city code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics. (b) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 10 (ten) days after adoption or any date specified in the ordinance. (c) Publication of Ordinances. Every proposed ordinance shall be published and advertised consistent with the requirements of Florida law. Section 2.14 Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances. Such ordinances shall be consistent with the requirements and limitations of Florida law and may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two-thirds (213) of the members present shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to section 5.06(b) shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in the section for adoption of emergency ordinances. Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of section 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to section 2.16(a). Page 8 of 19 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions. (a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council. (b) Codification. Within five years after adoption of this charter and at least every 15 to 20 years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state of Florida, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Cape Canaveral city code. Copies of the code shall be furnished to city officers, placed in libraries, public offices, and if available, in a web site for free public reference and made available for purchase by the public at a reasonable price fixed by the city council. (c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be available to the public at reasonable prices consistent with provisions of Florida law. Following publication of the first Cape Canaveral city code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration there in. The city council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of Florida, or the codes and technical regulations and other rules and regulations included in the code. Article III CITY MANAGER The city council shall, by majority vote, appoint a city manager to be the administrative head of the government and shall be responsible for the effective administration of all departments of the city. The city manager shall be chosen on the basis of executive and administrative qualifications. The city manager shall hold office at the will of the city council, and shall receive such salary as may be fixed by the city council. The duties of city manager shall be established by the city council, by ordinance. By letter filed with the city clerk, the city manager shall designate a qualified administrative officer of the city to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During extended absence or disability of Page 9 of 19 the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager shall return. Article IV DEPARTMENTS, OFFICES, AND AGENCIES Section 4.01 General Provisions. (a) Creation of Departments. The city council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. No function assigned by this charter to a particular department, office, or agency may be discontinued or unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager, The city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two (2) or more of them. Section 4.02 Personnel System. (a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. (b) Merit System. Consistent with all applicable federal and state laws the city council shall provide for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 4.03 Legal Officer. (a) Appointment. The city council shall appoint a city attorney, and may appoint assistant city attorneys, who shall serve at the pleasure of the city council, and who shall be compensated as determined by the city council. The city attorney and assistant city attorneys, if any, shall be lawyers in good standing and licensed to practice in the state of Florida. (b) Duties. The city attorney shall serve as the chief legal advisor to the city council, all of the city's officers and the city departments in matters relating to their official duties. The city attorney or special counsel, as may be appointed by the city council, shall represent the city in all legal proceedings, shall prepare all contracts, bonds, ordinances and other instruments in writing in which the city is concerned, or shall endorse on each Page 10 of 19 his or her approval of the form, language and execution thereof. The city attorney shall also perform any other duties prescribed by state law, by this charter or by ordinance. Section 4.04. Land Use, Development, and Environmental Planning. Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the city council shall designate an agency or agencies to carry out the planning function. The designated agency, the city manager, and the city council shall seek to act in cooperation with other jurisdictions and organizations in their region to promote integrated approaches to regional issues. Section 4.05. Fire Protection Services. The city council shall pass no ordinance, resolution, or motion obligating or authorizing the city to establish or operate a Fire Department or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc., without such plan or proposal having been first approved by a majority vote of the qualified electors of the city voting in a general election or one held for this purpose. Nothing herein shall prevent the city or Cape Canaveral Volunteer Fire Department, Inc. from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. Further providing that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department shall be terminated or stayed until brought into compliance with this Section. The city council shall not formally commit the city to build or acquire a Fire Station until such time that the city council holds a duly noticed public hearing. Article V FINANCIAL MANAGEMENT Section 5.01 Submission of Budget and Budget Message. On or before the 30th day of June of each year, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying message. Section 5.02 Budget Message. The city manager's message shall explain the budget both in fiscal terms and in terms of work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, Page 11 of 19 summarize the city's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the city manager deems desirable. Section 5.03 Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require for effective management and an understanding of the relationship between the budget and the city's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer-term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organizational unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expenses, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the city, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. Section 5.04 City Council Action on Budget. The city council shall adopt the budget consistent with the requirements and procedures of Florida Law. Section 5.05 Appropriation and Revenue Ordinances. To implement the adopted budget, the city council shall adopt, prior to the beginning of the fiscal year: (1) An appropriation resolution making appropriations by department, fund, service, strategy or other organizational unit and authorizing an allocation for each program or activity; Page 12 of 19 (2) A tax levy resolution authorizing the property tax levy or levies and setting the tax rate or rates; and (3) Any other resolutions required to authorize new revenue or to amend the rates or other features of existing taxes or other revenue sources. Section 5.06 Amendments after Adoption. (a) Supplemental Appropriations. If during or before the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the city council may make emergency appropriations. Such appropriations may be made by resolution. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The city council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by resolutions reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time or before the fiscal year, the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or new appropriation. The city manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the city council in writing in a timely manner. (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 5.07 Financial Advisory Committee. A Financial Advisory Committee comprised of three (3) citizen volunteers or business owners, who have financial background, may be appointed by the city manager. One member may be a business person from outside the city. The city manager and the city treasurer shall serve in an ad hoc capacity. The purpose of the Committee is to provide input concerning: Page 13 of 19 (1) The overall financial health of the city; (2) The safety/profitability of the city's financial investments; and (3) The city's budgetary matters. Section 5.08 Capital Program. (a) Submission to City Council. The city manager shall prepare and submit to the city council a multi-year capital program no later than three months before the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community; (3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary of how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 5.09 Notice, Hearing and Adoption of Capital Plan. The city council shall treat the Capital Program as part of the budget. Article VI ELECTIONS Section 6.01 City Elections. The regular municipal elections shall be held each year on the first Tuesday following the first Monday in November in accordance with the procedures of Florida Law. All city elections shall be non-partisan. Page 14 of 19 Section 6.02 Filing fee. There shall be a filing fee for candidates qualifying to have their names placed on the election ballot in the amount of $15.00 for each candidate. Section 6.03 Methods of Electing Councilmembers. Terms for elected officials shall be staggered. Commencing with the general election of 2011, two (2) councilmember seats shall be placed on the ballot for election; the Mayor shall be placed on the ballot for election in the next year; and two (2) councilmember seats in the next year. This shall be a continuous 3 -year rotation. During councilmember election years, the two (2) persons receiving the greatest number of votes shall be declared the winners. During mayoral elections, the person with the greatest number of votes shall be declared the winner. Section 6.04 Initiative and Citizen Referendum. (a) General Authority for Initiative and Citizen Referendum. (1) Initiative. The registered voters of the city shall have power to propose ordinances to the city council and, if the city council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (2) Citizen Referendum. The registered voters of the city shall have power to require reconsideration by the city council of any adopted ordinance and, if the city council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. (b) Commencement of Proceeding; Petitioners' Committee; Affidavit. Any five (5) registered voters may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners` committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, citing the ordinance sought to be reconsidered. (c) Petitions. (1) Number of Signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least 5 percent of the total number of registered voters to vote at the last regular election. (2) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be Page 15 of 19 executed in ink or indelible pencil and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the person circulating it stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to be reconsidered. (4) Time for Filing Referendum. Referendum petitions must be filed within 30 days after adoption by the city council of the ordinance sought to be reconsidered. (d) Procedure after Piling. (1) Certificate of Clerk; Amendment. Within five (5) calendar days of receipt of the petitioners' committee petition, the clerk shall forward same to the Supervisor of Elections for verification of signatures. Within ten (10) calendar days after the petition is returned from the Supervisor of Elections Office, the city clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, and the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intent to amend it with the clerk within two (2) days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers containing additional signatures within ten (10) calendar days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (2) and (3) of section 6.04(c), and within five (5) calendar days after the supplementary petition is returned from the Supervisor of Elections Office the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request city council review under paragraph (2) of this subsection within the time required, the clerk shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the petition. (2) City Council Review. If a petition has been certified insufficient and the petitioners committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within Page 16 of 19 two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the city council's determination shall then be a final determination as to the sufficiency of the petitions. (3) Court Review, New Petition. An aggrieved party may appeal a final determination as to the sufficiency of a petition to a court of competent jurisdiction. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, (2) The petitioners' committee withdraws the petition, (3) The city council repeals the ordinance, or (4) Thirty (30) days have elapsed after a vote of the city on the ordinance. (f) Action on Petitions. (1) Action by City Council. When an initiative or referendum petition has been finally determined sufficient, the city council shall promptly consider the proposed initiative ordinance in the manner provided in Article 11 or reconsider the referred ordinance by voting its repeal. If the city council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (2) Submission to Voters of Proposed or Referred Ordinance. The vote on a proposed or referred ordinance shall be held at the next regularly scheduled election, provided the final city council vote takes place more than 75 days prior to the date of the general election. (g) Results of Election. (1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Page 17 of 19 (2) Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it small be considered repealed upon certification of the election results. (h) Repeal of Ordinances Adopted by Referendum. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that the city council shall cause notice of such reference to be published in a newspaper of general circulation published in the County of Brevard, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice shall be published according to the requirements of Florida Law. Section 6.05 Recall. Recall of city council members shall be in accordance with the general law of the State of Florida. Article VII GENERAL PROVISIONS Section 7.01. Conflicts of Interest and Ethics. (a) Ethics. Chapter 112, Part III, of Florida Statutes, as may be amended, shall govern conduct related to city council and city employee conflicts of interest and ethics. The city council shall appropriate sufficient funds to provide, require and attend annual training and education of city officials, appointed officials, employees, volunteer advisory board/committee members and candidates for public office, regarding the ethics code. (b) Penalties. Penalties for ethical violations shall be as provided by general law or as established by ordinance of the city council. Section 7.02 Campaign Finance. Chapter 106, Florida Statutes, as may be amended, shall govern conduct related to campaign finance. Section 7.03 Nepotism. (a) No member of the immediate family or a significant other of the Mayor or a member of the city council shall be eligible to hold a paid position with the City of Cape Canaveral. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, niece, nephew and sibling of the whole or half blood. Significant other shall be deemed to include any person in a family -type living arrangement or domestic partnership with the Mayor or a member of the city council, and who would constitute a spouse if married to the Mayor or a member of the city council. Page 18 of 19 (b) Except as stated in this section, section 112.3135, Florida Statutes, as may be amended, or any successor statute, shall govern the appointment, employment, promotion and advancement of individuals in employment or to any position over which the city council or members of the city staff exercise jurisdiction or control. Article Vill CHARTER AMENDMENT Section 8.01 Proposal of Amendment. Amendments to this charter may be framed and proposed: (a) In the manner provided by law, (b) By ordinance of the city council containing the full text of the proposed amendment and effective upon adoption, or (c) By the voters of the city. Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in Article Vl for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to the subject matter and that the petition must be signed by registered voters of the city equal in number to at least ten percent (10%) of the total number of those registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the fifteenth (15th) day immediately preceding the day scheduled for the city vote on the amendment. Section 8.02 Election. Upon adoption of an ordinance by the city council or a petition finally determined sufficient, proposing an amendment pursuant to section 8.01, the city clerk shall submit the proposed amendment to the voters of the city at the next regularly scheduled election, provided the receipt takes place more than 90 days prior to the date of the general election. The city clerk shall cause notice of such ballot items to be published according to Florida Law. Section 8.03 Adoption of Amendment. If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. Page 19 of 19 Article IX TRANSITION AND SEVERABILITY Section 9.01 Pending Matters. All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue, except as modified pursuant to the provisions of this charier and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter. Section 9.02 State of Municipal Laws. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. Section 9.03. Schedule. (a) Election. Elections shall be conducted as outlined in Section 6.01. (b) Time of Taking Full Effect. This Charter shall take effect immediately upon adoption pursuant to the requirements of Florida law. (c) Salary of Mayor and Councilmembers. The mayor and councilmembers shall receive compensation as established by ordinance and set forth in the city code. Section 9.04. Severability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. EXHIBIT "C" Ordinance No. 09-2010 NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given that at a City Charter referendum election to be held on November 2, 2010, or such other date as may be authorized by law, there shall be submitted to the citizens of Cape Canaveral the questions described in Ordinance 09-2010, adopted by the City Council of the City of Cape Canaveral, Florida on the 16' day of August, 2010. The title of the Ordinance is as follows: ORDINANCE NO. 09-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER AND PROPOSING MAYOR AND COUNCILMEMBER TERM LIMITS; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. The ballot caption and referendum questions are as follows: Question #1 CAPE CANAVERAL CHARTER AMENDMENT NEW CITY CHARTER Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter, and updated in accordance with State law? Yes, For Charter Amendment No, Against Charter Amendment Question Q CAPE CANAVERAL CHARTER AMENDMENT MAYOR AND COUNCILMEMBER TERM LIMITS This amendment imposes term limits on the Mayor and Councilmembers by prohibiting persons from serving more than two consecutive elected terms as Mayor or Councilmember with the exception that persons having served two consecutive elected terms as Councilmember may then qualify and be elected for two additional consecutive terms as Mayor. Other than the consecutive term limitations, there shall be no limit on the total number of terms persons may serve as Mayor or Councilmember. Yes, For Charter Amendment No, Against Charter Amendment City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/17/2010 Item No. Subject: Motion to Approve: Ordinance No. 10-2010, Annexing One (1) Parcel of Real Property Containing .67 Acres, More or Less, Generally Located at 315 Grant Avenue, in Unincorporated Brevard County, Florida, and Legally Described Herein, into the Municipal Boundaries of Cape Canaveral; Providing for the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at First Reading. Department: Community Development Department Summary: See Staff Report. Requested Council Action: Approve first reading of Ordinance No. 10-2010 annexing 315 Grant Avenue into the City. Financial Impact: Fiscal analysis is included within the Staff Report. Attachments: (1) Staff Report. (2) Planning & Zoning Board recommendation. (3) Planning & Zoning Board minutes. (4) Ordinance No. 10-2010. (5) Location Map. (6) Photos. Submitting Department Head: Barry Brown Date:08106110 Approved by City Manager: oc-z3 Z r-1 AzL.A- Date: S % 1A City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council August 17, 2010 STAFF REPORT Request: To annex a residential property into the City. Annexation of this property includes annexation by ordinance and subsequently amending the comprehensive plan to recognize the annexation and rezoning the property to assign a city zoning designation. We can annex now, but the comp plan amendment and rezoning will have to wait until our EAR -based amendments are adopted. Applicants: Jack and Elizabeth Mutter Subject property: The property is a .67 acre parcel addressed as 315 Grant Ave. It is located on the southwest quadrant of the intersection of Grant Ave. and Ridgewood Blvd. in the unincorporated area of Brevard County known as Avon -by -the -Sea. It is developed as a 15 unit apartment building named Avon -by -the -Sea Apartments. Land Use and Zoning designations: The property currently has Brevard County zoning of RU -2-30, which is a multifamily zoning with a maximum of 22 units per acre. The land use designation is R-15. Analysis: The Mutter's have requested annexation into the City. Their reasons include: lower taxes and assessments; better police service; availability of reuse water for irrigation, and more favorable interpretation of Florida building and fire codes regarding alarm systems. The request has been reviewed by City staff including Public Works, the City Engineer, the Building Official, Fire Dept., and City Planner. The following issues were addressed: Sanitary Sewer - the property is currently being served by Cocoa Beach. Our code requires connection to the City sewer system, however, connection to City sewer would require extension of the sewer line on Orange Avenue approximately 190 ft. south to the subject property. The sewer line is located under Orange Avenue and that portion of the road between the southern -most sewer manhole and the subject property is County owned. Because of the cost to connect to our system, Public Works is willing to allow the property to continue to be served by Cocoa Beach. Water — the property is served by City of Cocoa as is the City of Cape Canaveral. Roads — the property is served by County roads and they will remain County roads. 1 Stormwater — is handled by the County and will continue to be. There is a swale on-site that overflows into the County system. Reclaimed water — lines are located along the south side of Johnson Avenue about 300 ft. away. The City will not install a new reclaimed line for a single customer. Nonconformities — There are some existing nonconformities with our code including: density, parking, and sanitary sewer. There are 15 units on .67 acres of land for a density of 22.39 du/acre. Our code allows for a maximum density of 15 units per acre. The building has 28 parking spaces where our code calls for 30. Sanitary sewer has been addressed above. Fiscal Analysis: 2009 Assessed and taxable value = $700,000 Taxes in County (14.5151 total mils) x 700,000 = Assessments Total taxes and assessments Taxes if in City (15.7255 total millage) x 700,000 = Assessments Total taxes and assessments 2009 Estimated revenue to the City: Police 1.4166 x 700,000 991.62 Fire 1.2715 x 700,000 890.05 Library 0.0453 x 700,000 31.71 Beautification 0.3337 x 700,000 233.59 Total 3.0671 $2,146.97 2010 Assessed value = $545,000 2010 Projected revenue to the City - 3.0671 x 545,000 = 10,160.57 3,351.73 $13,512.30 11,007.85 641.25 $11,069.10 $1,671.57 Summary: While Florida Statutes do not require that annexations be heard by the Planning and Zoning Board, our code does call for the Board to make a recommendation to the Council regarding the zoning to be assigned to the annexed property. P&Z recommended a zoning of R-2, Medium Density Residential District. The Brevard County Director of Planning was notified about the annexation request by phone on two occasions and did not express concerns regarding the annexation. The Brevard County Board of Commissioners was notified by certified mail and according to Florida Statutes 171.044(2) on July 27, 2010. No comments have been received to date. 2 While the property does not fully comply with our code, the nonconformities are either minor or are being adequately addressed by other service providers. Staff recommendation: Staff recommends that the City Council approve the first reading of Ordinance No. 10-2010 annexing 315 Grant Avenue into the City. 3 City of Cape Canaveral Community Development Department 1010 To: Angela Apperson, Acting City Manager Mia Goforth, Acting City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Voluntary Annexation of 315 Grant Avenue Jack and Elizabeth Mutter, Petitioners At the Planning & Zoning Board meeting, held on May 12, 2010, by unanimous vote, the Board recommended to City Council that if the property is annexed, the Board recommends that it be included into the R-2 zoning. 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES MAY 12, 2010 A Regular Meeting of the Planning & Zoning Board was held on May 12, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoag Barry Brown Todd Morley Jeff Ratliffe NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2°d Alternate Secretary Assistant City Attorney Council Member Planning & Development Director Building Official Assistant Public Works Director 1. Approval of Meeting Minutes: April 14, 2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of April 14, 2010, with Donald Dunn's inserted sentence, as read by Chairperson Russell. Vote on the motion carried unanimously. Chairperson Russell asked the Board members if they would consider changing the order of the agenda to move agenda item #4 to #2 in order to accommodate the petitioner, because the other agenda items could have lengthy discussion. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to move agenda item #4 up to #2. By unanimous consensus, the orders of the agenda items were changed. 2. Recommendation to Board of Adiustment Re: Special; Exception Reguest No 10-01 to Allow a Child Care Facility in the R-2 Zoning District at Palms East Apartments, 211 Caroline Street, Section 14, Township 24 South, Range 37 East, Parcel 502.0 — Jeffrey W. Wells, Petitioner for Palms East LLC Property Owner. Barry Brown, Planning & Development Director gave his staff report. He advised that the city code was recently amended to allow child care facilities in the R-2 zoning district by special exception. Palms East was requesting a special exception to allow a child care facility. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 2 The Board members reviewed the application packet. The Board reviewed the special exception criteria worksheet, which included consideration and verification of the following: land use and zoning, impact to surrounding properties, traffic and parking, public services, and any miscellaneous impacts. The Board members also verified that the request met the special exception conditions of the City code pertaining to child care facilities. Brief discussion was held regarding the submitted drawing of the facility. Bary Brown verified that it was drawn to scale; however, the drawing was reduced for the Board packet and the scale was cut off_ He advised that he would annotate the scale on the drawing. Toni Abeles, Managing Partner for Palms East Apartments, testified that there are over 100 children living at the complex. The reason why they want to start this child care is so the kids have some supervision, because some have no supervision before and after school; they will make the care affordable for the residents; they are anticipating that 95% of the children that come into the facility will be from the apartment complex. Since the property is only one block from the elementary school, they also anticipate some children for before and after school care. She verified that staffing would depend on the State requirement, and parking was available all along the facility. Hours of operation will be from 6 a.m. to 8 p.m. Motion by Donald Dunn, seconded by Harry Pearson to recommend approval of Special Exception Request No. 10-01, with the conditions as specified in the City code. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Voluntary Annexation of 315 Grant Avenue — Jack and Elizabeth Mutter, Petitioners: Chairperson Russell announced that the Board is not making a formal recommendation, because it has no authority to make recommendation on a voluntary annexation; however, the Board can give an informal opinion. He advised that they only needed to recommend the zoning for the property. Barry Brown, Planning & Development Director, explained that Jack and Elizabeth Mutter are requesting a voluntary annexation. He described the property, land use, and zoning designation. He advised that the Mutter's have requested annexation into the City to lower taxes and assessments, better police service, availability of reuse water, and a more favorable interpretation of the Florida building and fire codes regarding alarm systems. He further advised that the City staff review team reviewed the request, and addressed sanitary sewer, water, roads, stormwater, reclaimed water, and nonconformitles. Staff recommended that while Florida Statutes do not require that annexations be heard by the Planning & Zoning Board, City code calls for the Planning & Zoning Board to make a recommendation to the City Council regarding the zoning to be assigned to the annexed property. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 3 Barry Brown asked for the Board's input in evaluating the request. He commented that it appeared that the Mutters would benefit from the annexation and was asking the Board to consider how the City benefits and any downstream ramifications from the annexation. He advised that the property did not fully comply with the City code; and the non -conformities were minor or being adequately addressed by other service providers. The Board members viewed photographs and aerials of the property, held discussion and received input from Barry Brown and Jeff Ratliffe, Assistant Public Works Director, regarding: sanitary sewer, sanitary sewer hook-up, reclaimed water,. ownership of the roads. Ron Friedman advised that the City code was specific, in that every property in the City had to hook into the City sewer. He questioned how the City could waive that requirement. Barry Brown advised that the question was brought up during the staff review committee meeting. Staff concluded that it would be considered an existing non- conformity. Other existing non -conformities included: the density is greater than what our code allow and the property has less parking than what is required by code. Ron Friedman responded that it is not an existing non -conformity. He advised that City code has a provision that if a property has a septic tank the owner is responsible for 150 ft. of sewer connection. Therefore, in this case, the City was only responsible for 40 ft. of a new sewer line. He commented that anytime the City is considering creating a non- conforming use that is 50% more than the existing surrounding zoning it is not the right thing to do. He asked what benefit this property would be to the City. Donald Dunn commented that the City would not approve someone building a nom -conforming use. Barry Brown explained that staff originally analyzed the annexation from the standpoint of how it wbuld benefit the Mutter's. A fiscal analysis determined it would benefit them from a tax and assessment standpoint. Staff had not fully accessed the benefit to the City. Jack Mutter, Applicant, advised that it would be a benefit for the City if any properties south of Grant Avenue were annexed, starting with his property. He noted that other property owners on Grant Avenue are also interested in annexing into the City. He commented that more properties in the City would increase the tax base; he didn't believe there could be a sewer connection on Orange Avenue, because of the elevation, unless a lift station was installed. He noted that the main reason he was requesting annexing, was to increase emergency response time. He was aware that if the building was destroyed more than 50%, only 15 units per acre would be allowed. Discussion was held regarding a referendum that was held in 2005 regarding annexing the properties located in Avon by the Sea that are located between Cocoa Beach and Cape Canaveral. David Hiltoff, 201 Garfield Avenue, advised that the reason the property owners do not want to annex into either city is because they are happy the way things are. Discussion continued. Motion by Harry Pearson, seconded by Bea McNeely, to recommend that if the property is annexed into the City, that the zoning be R-2. Motion failed by a (3) to (2) vote, with members voting as follows: Donald Dunn, against; John Fredrickson, against; Bea McNeely, against; Harry Pearson, for; and Lamar Russell, for. Brief discussion followed. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 4 Motion by Lamar Russell, seconded by Harry Pearson, to recommend to City Council that if the property is annexed the Board recommends that it be included into the R-2 zoning. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Proposed Ordinance Amendinq Section 110-557 to Allow Commercial Parking Facilities by Special Exception in the C-1 M-1 and C-2 Zoning Districts. Barry Brown, Planning & Development Director, explained the request and gave his staff report. The Board members reviewed, discussed, and commented on the proposed ordinance. Discussion was held regarding buffering and landscaping; future long term planning of how the City should be redeveloped, functionality and aesthetics; minimum area should be flexible; proposed hours of operation should be extended; other cities who allow commercial parking do not have the Port as their neighbor; the City is supporting the Port more than the citizens; what the visioning workshops revealed, what do the citizens want; large open undeveloped properties on the northern end of the city; commercial parking lots being detrimental to the City's future plan; allowing parking garages in the M-1 zoning district only; no parking lots in any zoning district; proposed distance between facilities; potential consequences if use is allowed; parking facilities at the north and south ends of the City; seven factors in the City code that are special exception criteria giving discretion on a site by site basis to consider if a request is an appropriate use on the site proposed; compatibility; commercial parking lot in Cocoa Beach across from Publix; types of security; highest and best property uses; commercial parking lots being a transitional use; market demand; City being a bikeable and walkable community; parking overflow at City hotels; providing and removing a service; allowing commercial parking only in C-1 and C-2; when the visioning process will begin; how parking fits into the vision; and not considering the ordinance until after the visioning is finished; allowing no commercial parking lots or garages in C-1 or C-2; allowing parking garages only in M-1; not allowing parking garages at all; existing vehicle rental facilities; ensure the City codes are in place as a result of the visioning before enactment of this ordinance; create the commercial parking ordinance from an architectural approach; ask the Planning Director to provide visioning information and guidance on how this request fits into the vision. Motion by Donald Dunn to table recommendation of the ordinance. Motion failed for lack of a second. Discussion followed regarding establishing a date to come back to the ordinance for recommendation. Barry Brown advised that the City has an application to amend the code, and at some point the Board needs to move forward and make a recommendation to the City Council, so that they can make a final determination. Discussion continued. Motion by Harry Pearson to recommend to City Council that the proposed ordinance be adopted, as written, in C-1 and C-2. Motion failed for lack of a second. Discussion followed. Motion by Donald Dunn to recommend denial of the ordinance to the City Council, because the Planning & Zoning Board needs more of a match between the visioning process and this code amendment request. Motion failed for lack of a second. Discussion followed. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 5 The Board members agreed that since they could not reach a consensus, they would continue discussion at the next meeting. OPEN DISCUSSION No open discussion was held. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 9:55 p.m. -4 d- -- ) to x4eff g Lam Russell, Chairperson Susan L. Chapman, Secretary M�� Zd la . Date of Approvar % a , ORDINANCE NO. 10-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING .67 ACRES, MORE OR LESS, GENERALLY LOCATED AT 315 GRANT AVENUE, IN UNINCORPORATED BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN, INTO THE MUNICIPAL BOUNDARIES OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF CAPE CANAVERAL CHARTER; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE - DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive PIan, City Charter, and City Code; and WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of Cape Canaveral, contained in the Cape Canaveral Charter, Article I, shall be redefined to include the subject real property; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 10-2010 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Annexation of Real Property. The City Council of the City of Cape Canaveral hereby annexes the following area of real property into the City of Cape Canaveral. Lots 1, 2, 3, and 4, Block 79, AVON BY THE SEA according to the plat thereof as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida together with the East one-half of Vacated Orange Avenue lying West of and adjacent to said Lot 1, all lying within Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Block 79; thence S14°05'36"W, along the East line of said Block 79, a distance of 133.79 feet, to the Southeast corner of said Lot 4; thence N89°45'55"W, along the South line of said Lots 1 through 4 and the Westerly extension thereof, a distance of 212.22 feet, to a point on the centerline of Vacated Orange Avenue; thence N01°43150"E, along the centerline of said Vacated Orange Avenue, a distance of 128.95 feet, to the Westerly extension of North Iine of said Block 79; thence S90°00'00"E, along said North line, a distance of 240.90 feet, to the POINT OF BEGINNING; Containing 29,309 square feet or 0.67 acres, more or less. [Brevard County Property Appraiser ID: 24 -37 -23 -CG -00079.0-0001.00] The real property shall be known as existing within the boundaries of the City of Cape Canaveral, Florida, from the effective date of this ordinance. Section 3. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 2 of this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days from the effective date ofthis Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Brevard County, the Chief Administrator of Brevard County, and the Department of State within seven (7) days of the effective date. City of Cape Canaveral Ordinance No. 10-2010 Page 2 of 3 %, I Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to ID be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. EffectiveDate. This Ordinance shall become effective 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 , 2010. ATTEST: ANGELA APPERSON, City Clerk ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. ANTHONY A. GARGANESE City Attorney First Readinn: Second Reading: Effective Date: City of Cape Canaveral Ordinance No. 10-2010 Page 3 of 3 For Against page I of 1, Am Ford, CFA htt//www.brevardpropertyappra:iset-.coiii/scripts/esriniap,dll?name=Brevard'i&id=20090:5... 5/11/2009 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August '17, 20'10 Item No. 1 % Subject: Discussion item re Beach Vending Department: Community Development Summary: At the July 20th City Council meeting, an individual requested a discussion with Council regarding beach vending. Consensus was reached to agenda the item. Relevant facts: • City Code Sec 54-4 prohibits beach vending. • The City Attorney' office provided an executive summary dated 912/09 re Commercial Solicitation on the Beach which stated that the City can enforce its ordinances on the dry sand area of the beach, however the wet sand areas are outside the City's enforcement jurisdiction. • The City Attorney' office is currently preparing a supplementary legal opinion that will be provided at the date of the meeting. Requested Council Action: Hold discussion re Beach Vending. Financial Impact: None Attachments: ❑ Supporting Documents Reviewed City code section 54-4. City Attorney's legal opinion re Commercial Solicitation on the Beach Submitting Department Head: Todd Morle Date: August 10, 2010 Approved by City Manager: S) `L"- Date: g ba I io City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Sec. 34-4. - Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city; 1. 2. All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots. All public parking lots and facilities for beach or park access, including dune crossovers. 3. All publicly awned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Afioi71Cy' S at Law Debra S. Babb-Nutcher' Offices in Orlando, Tara L. Barrett Joseph E. Blitch Usher L. Brown' Ft Lauderdale & Tampa Vivian P. Cocotas Suzanne O'Agresta° Robin Gibson Drage Anthony A. Garganese o Gregg A. Johnson o William E. Reischmann, Jr. Katherine Latorre° J.W. Taylor Bridgette M. Miller Jeffrey S. Weiss Alfred Truesdell Lynn M. Vouis 'Board Certified Civil Trial Lawyer Gary M. Glassman Erin J. O'Leary* 'Board Certified City, County & Loral Government Law Amy J. Pit 'Board Certified Appellate Practice sch Catherine D. Reischmann° Of Counsel September 2, 2009 Via Email Only Mayor Randels and Members of the City Council c/o Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Commercial Solicitation on Beach Dear Mayor Randels and Members of the City Council: This letter is provided as a follow up to my report during last night's City Council meeting regarding whether the City can enforce its ordinance banning commercial solicitation (City Code § 54-4) on the beach against a mobile vendor operating on the wet sand areas of the beach in Cape Canaveral. The mobile vendor has presented a limited annual sales certification from the Department of Agriculture and Consumer Services and a Brevard County business tax receipt for a rolling vendor in support of his right to operate on the wet sand. Executive Sumrary In short, while the City can enforce its ordinances on the dry sand areas of its beaches, the wet sand areas located belowhe meanhigh waterline are outside the City's enforcement jurisdiction because they are sovereign' submerged state lands. While state laws also clearly prohibit mobile vending on state lands, the enforcement mechanism for the state laws retrains attenuated. 111 N. Orange Ave, Suite 2000 - P.O. Box 2873 •Orlando. Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.odandolow.net - Email: firm@orlandolaw.net Mayor Randels and Members of the City Council September 2, 2009 Page 2 Anal is A. Dry Sand vs. Wet Sand As you know, a municipality has general civil and criminal jurisdiction over property within its corporate boundaries and may thus regulate and restrict certain activities reasonably calculated to protect the public health, safety, and welfare. Carter v. Town ofPalm Beach, 237 So. 2d 130 (Fla. 1970). The City's regulatory power extends to beach lands located within the City's corporate boundaries, whether owned by the City or a private party -- however, it's subject to the state's paramount power to regulate and control the use of its sovereign lands. The state maintains title to lands under navigable waters, including beaches below the mean high water line. The lands are held in trust for all people and private use of suchlands may be authorized by law when not contrary to the public interest. Art. X, § 11, Fla. Const. In the absence of legislative direction to the contrary, such lands are not subject to municipal regulation and control. Fla. Op. Atty. Gen. 75-84. Thus, the enforcement issue at hand comes down to whether the mobile vendor is operating on lands above or below the mean high water line. If operating on the dry sand above the mean high water line, the mobile vendor is located within the City's jurisdiction, and can be regulated by the City's ordinance banning commercial solicitation on the beach. In order to effectively enforce its own ordinance, however, the City should amend section 2-238 of the City Code to authorize that violations of the beach side commercial solicitation prohibition may be enforced through issuance of a civil citation. If the mobile vendor is operating below the mean high water line, he's located on sovereign submerged state lands, which are held in trust by the Trustees of the Internal Improvement Trust Fund and governed by Chapter 253, Florida Statutes. A Use of State Lands Generally, sovereign submerged state Iands are held in trust for the people for purposes of navigation, fishing, bathing and similar uses. Hayes v. Bowman, 91 So. 2d 795, 799 (Fla. 1957). Title is not held primarily for purposes of sale or conversion into money. Id. The trust property should be devoted to the fulfillment of the purposes of the trust to serve the people. Id. Applicable state laws would seem to support banning mobile vending activities on the beach — at least without proper authorization by the state. For instance, a sovereignty submerged land lease is required for all revenue -generating activities on state lands. See Rule 18-21.005(1)(d), F.A.C. Further, activities on sovereignty lands must be limited to water dependant activities only, unless the Board of Trustees of the Internal Improvement Trust Fund ("Board") determines that it is in the public interest to allow an exception on case by case evaluation. See Rulel8-21.004(l)(g), F.A.C. Mayor Randels and Members of the City Council September 2, 2009 Page 3 Without authorization by the state, i.e., a lease, the mobile vendor is prohibited from conducting revenue generating activities on the state's wet sand areas. Section 253.04(1), Florida Statutes, provides that the Board may police, protect, conserve, improve and prevent trespass, damage or depredation upon the lands of the state. The Board may further bring, in the name of the Board, all suits in ejectment, suits for damage and suits in trespass which are necessary in the judgment of the board to the full protection and conservation of the state lands. The Board has the authority to impose a fine up to $10,000 in, lieu of seeking monetary damages for any willful damage to lands of the state or for knowing violations of applicable law. § 253.04(2), Fla. Stat. C. Enforcement Section 253.05, Florida Statutes, provides that state attorneys, other prosecuting officers of the state, together with county sheriffs and their deputies, shall see that the lands owned by the state shall not be the object of damage, trespass, depredation, or unlawful use by any person. Upon information that unlawful use is being made of state lands, such individuals are to report same to the Board of Trustees and shall cooperate with the Board in carrying out the purposes of Chapter 253. The Board must request that state attorneys and other prosecuting officers of the state or county institute and maintain legal proceedings necessary to carry of the purpose of Chapter 253. Interestingly, some local governments have beengranted authority through Special Act of the Legislature to exercise certain powers beyond their corporate limits into the tidal waters of the state (i.e. into beach waters). For instance, Key West has been granted extraterritorial zoning powers within an area extending 600 feet into the tidal waters adjacent to the corporate city limits. See Laws of Fla. Ch. 78-540. All such lands are zoned "conservation" in Key West and the City has a handful of zoning regulations in place addressing the intensity and character of permanent and temporary commercial water -sport structures and uses; personal watercraft; businesses renting leasing or providing personal watercraft for hire and related activities. Additionally, Islamorada, Village ofIslands, Monroe County, and Marathon have each been authorized by Special Act ofthe Legislature to extend their police powers and jurisdiction 1,200 feet into the tidal waters adjacent to their established corporate limits. See Laws of Fla. Ch. 2001-292 and Ch. 2000408. The cities' powers are Iimited to the abatement of nuisances, the enforcement of sanitary laws and regulations, the regulation of zoning and the suppression of crime. Id. Also, certain provisions of Chapter 327, Florida Statutes, related to vessel safety, authorize the City to have its beach waters designated "restricted areas ' by the Department of Environmental Protection. If the City were to create such an area, the City would be able to regulate or prohibit certain activities necessary for the safety of the public, such as vessel speeds and vessel traffic. § 327.46(1), Fla. Stat. However, based on the language of the statute, this is probably not the proper mechanism for regulating commercial beach side activities such as mobile vending. Mayor Randels and Members of the City Council September 2, 2009 Page 4 Conclusion Mobile vending on the beach is prohibited by state law on wet sand areas and by local law on dry sand areas. At the very least, the mobile vendor in question should have some sort of authorization by the state to operate his commercial venture on sovereign submerged state lands. The BCSO may be able to address the mobile vendor's presence on the beach by alerting the vendor to the fact that his activities are prohibited by state law on wet sand and by local low on dry sand. BCSO should report unlawful activities on wet sand to the Board, while the BCSO and/or the Code Enforcement staff may issue civil citations for solicitation activities on dry sand (following amendment to the City Code). Alternatively, the City may desire to pursue the enactment of a Special Act of the Legislature to authorize an extension of the City's police and zoning powers into the tidal waters of the state. Please let me know if you have any additional questions regarding this issue. Ve yours, Anthony . Garganese, City Attorney Cc: Cape Canaveral Precinct Commander Alan Moros, Brevard County Sheriff's Office (c/o Bennett Boucher, City Manager)