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Packet 09-20-2011 Part 2 (items 9-18)
CALL Mi ORDER: .. . ....... . .. ....... . .. . ...... ...... F:r • �21� u1jo-Ily 7:15 p.m. — 7:30 quip.qui m. 7„, ", 0 zi mr/O All I M111 J i AVERAL LIBRARY MEETING ROOVII c Avenue, Cape Canaveral, Florida Tuesday September 20, 20111 7:00 PM Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will llimit their comments to five (5) minutes. The City Council' will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. R w• M A 2 warl.ffj T=o Reguirements: 7:30 p.m. 2) Approve Resolution No. 2011-20, Adopting an Affirmative Action Plan, including a pollicy relating to the employment of small and minority businesses for use in administering Community Development Block Grants, and a pol�icy relating to the employment of minorities by Cape Canaveral, 105 Polk Avenue - Post Office Box 326 Cape Canaveral, IL 32920-0326 Telephone (321) 868-1220 Fav (321) 868-1248, ",ww,cityot'capecanr iveral.oi-g - en -mil: inft)(�i,)cltyofcapecanivei-al,org City of Cape Canaveral, Florida City Council Meeting September 20, 2011 Page 2 of 4 d) Approve Resolution No. 2011-23, Adopting an Anti-Displ!acemient & Relocation Policy-, e) Approve Ordinance No. 10-2011, Adopting a new Chapter 36 of the City Code to be entitled "Fair Housing;" providing for a declaration ol policy to prohibit discrimination in housing on the basis, of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age-, providing definitions, desiignating as unlawful certain discriminatory practices in the, sale or rental of housing, as well as in advertising in connection therewith, in the financing of housing, and in brokerage services related to exceptions� providing for an administrator to be designated by the City of Cape Canaveral and prescribing the general powers and duties, of such administrator, prescribing action upon a determination of probable cause, and authorizing the promulgation Ul' �orms and regulations; making provisions for the filing of complaints and responses thereto, and the processing thereof by the administrator; providing for additional remedies; providing for prohibiting untruthful complaints or false testimony, providing for penalties for violation of such code. Mimi=# MWFLW�� 3. Approve Resolution No. 2011-12; Reappointing Regular fflemberc� Donald Dunn and Harry Pearson to the Planiining and Zoning Board. 4Approve Resolution Noi. 2011-17; Reappointing a Regular Member, Jo Bond to the Board of Adjustment. I q, Approve Resolution No, 20111 �24, Reappointing a Regular Member, Jear Deck to the Library Board. 6. Approve Resolution, No. 20111-14; Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Service's Between the City and the Cape Canaveral Volunteer Fire Department, Inc. 7. Approve Resolution No. 2011-15; Authorizing an Agreement for Municip— Law Enforcement Services between the City of Cape Canaveral, FIod and J.R. "jack" Parker, as Sheriff of Brevard County, providing for effective date, • rcdf TeFT1 7 City Council Meeting September 201, 2011 Page 3 of 4 III 8. Approve Resolution No. 2011-19; Authorizing an Agreement between the City of Cape Canaveral, Board of County Commissioners of Brevard County, Florida and the Canaveral Port Authority for E91 1 Dispatching Services and Fire and Emergency Medical Coverage for the county unincorporated are identified in Appendix A and B, so, as to better protect the lives and property of its citizens. 9. Approve Annual Extension of the Street Sweeping Services Contract in thp-9 Amount of $8,304.24 with USA Services of Florida, Inc., 10. Approve Annual Extension of the Fertilization, Insect, Disease,-4y'eed Control and Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest Control, Inc. 11. Approve Annual Extension of Mowing Services Agreement in the Amount of $178,939.10 with Nick's Lawn Service, Inc, 12. Approve Traffic Signal Maintenance Interlocal Agreement between Brevard County and the City of Cape Canaveral. 13. Approve a lien reduction for Case No. 2010-00112, 209 Pierce Avenue, U n it A f rom $ 8,3 5 0 to $1,3 54.86. W— •-- �-- - = -�= R- 7�55 p.m. — 8:00 p,. m. 14. Approve Resolution No. 2011-16, a Resolution of the City of CapKt Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011/12. 0 p.m. — 8.-15 p.m. 15. Approve Ordinance No. 07-2011, Adopting the Proposed Budget for Fiscal Year 2011/12. 16. Approve Ordinance No. 08-20111; amending Section 18-3 of The City Code, relating to regulation of weapons during civil emergencies; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. %fay or ua,,#,e u1n. 7 M 71-7 17 City Council Meeting September 20, 2011 Page 4 of 4 1i il ll!''Jil 11i'll !Tii 14W .. ...... .. 8.- 15 p 45 p. 17, Approve Ordinance 06 011, Amending chapter 110 of the Code of Ordinances related to Pain Management Clinics; providing that Pain Management Clinics may be permitted as special exceptions in the C-1 and C-2 zoning districts; amending definitions; providing for supplemental district I! regulations applicable to Pain Management Clinics; providing Pain Management Clinic special exception revocation procedures. 18. Ordinance No. 09-2011, amending the City Code regarding consideration of matters before the City Council in furtherance of ensuring efficient, effective and decorous meetings, establishing a Code of Conduct for City Council Members; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. 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. Subject: Approve Annual Extension of the Street Sweeping Services Contract in the I Amouint of $8,304.24 with USA Services of Florida,, Inc. Department: Public Works. Summary: To meet the requirements of the National Pollutant Discharge Elimination System (N'PDES) permit (st�ormwater permit), the City of Cape, Canaveral (City) has established a street sweeping program. This scheduled maintenance program limits pollutants, trash, and sand from entering the City's stormlwater system and discharging to the Banana River Aquatic Preserve. In an efiort to lower the cost of street sweeping maintenance, the City and the City of Cocoa Beach have, joined forces for a number of years. The two cities advertised jointly for Street Sweeping Services, and contracts were awarded to USA Services of Florida, Inc. The Cities have contracted with USA Services of Florida, Inc. since 2002. The contract includes street sweeping of the City streets at a cost of $1�9.51' per curb mile. The, sweeping frequency for the City is once per mointh; the actual cost per month for the City is $692.02 (or $8,304.24 annually). The fee for these services has not been increased by USA since the inception of the contract in 2002. The joint contract allows contract extensions for one-year periods - the latest extension expires on September 30, 2011. Contract Amendment 6 (see Attachment) extends the contract period for one year to September 30, 20112. Submit ting..Diepartment Director: Walter Bandish )j 10',,, Date: T/(3 Attachment(s): Attachment - Contract Amendment 6 Financial Impact: Funds have been budgeted for this contract from the Stormwater Utility Fund for FY2011-2012. /7-/1 Reviewed by Finance Director: Andrea Bowers The City Manager recommends that City Council ke , the following I actioNin Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 with USA Services of Florida, Inc. 11 amm Ousago-amn, 1171 Attachment Contract Amendment 6 AMENDMENT6 to CITIES OF COCOA BEACH & CAPE CANAVERAL STREETSWEEPING CONTRACT Dated August :L8, zoic By Contract executed on October 17, 2002 by and between the City of Cocoa Beach and the City of Cape Canaveral, known as the "Cities", and USA Services of Florida, known as the "Contractor" witnesseth: As a result of the Cities' complete satisfaction with the level of service provided by the Contractor, the Cities wish to amend Article :L—Term of Contract to allow service to continue for one (1) year until September 30, 2012. The first paragraph of Article 1 of the Streetsweeping Contract shall be amended as follows. ARTICLE 1- TERM OF CONTRACT The Contractor shall commence services underthis Contract on October x., zoa.a. and this Contract shall continue for a period of one (1) year through September 30, 2012, unless either party chooses to exercise its rights under Article 2-7 - Termination. This Contract is renewable in one (3.) year increments thereafter if extended by mutual agreement of all parties. IN WITNESS WHEREOF, the parties have executed this Contract as of the day and yearfirst above written. Attest: (C-ity Seal) By: Loredana Kalaghchy, CMC City Clerk Date: CITY OF COCOA BEACH, FLORIDA a Florida Municipal Corporation Charles Billias, City Manager Date: C:\Doc1jmentsmd Set1ingsT Mclnt1m%oca1 Settingffemporary Internet F2ceACantmt.Outlook5205TGUBR1Streetsaeeping Contract 2011 Amendment 6.doc Attest: (CI'LL v S€jai) By: Angela Apperson City Clerk Date: Witnesses: Print Name: Date: CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation a Date: Rocky Randels, Mayor USA SERVICES OF FLORIDA, INC., a Florida Corporation By: Eric A. Seidelman, President Date: (CORPORATE SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Skip Fowler, City Attorney City Attorney of Cocoa Beach Date: By: Anthony Garganese City Attorney of Cape Canavera Date: CADacuments and SettingsWCMclntuelL.oca SettingsSTemporarylnternct Filcs\Content.Outlook12O5TCIUBR1Stredsweeping Contract 201 I Amendmmt 6.doc Subject: Approve Annual Extension of the Fertilization, Insect, Disease, Weed Control ?.nd Pest Control Agreement in the Amount of $41,344, with Black's Lawn Care and Pest 'Clontrol, Inc. Department : Public Works, Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including Ni disease, and weed control N f turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's in 20,110. In general, Staff is very pleased with the services provided by Black's. lilipil low tne inclusion of the treatment of the stormwater ponds at the wastewater treatment plant and Manatee Sanctuary Park and (2) the increase in basic services requested for Ridgewood Avenue have increased the base amoof the contract by $1,348. In addition, pest control services foall City buil'diings currently provided by Black's have been combined into this contract — annual pest control costs are $3,720. Therefore, the N. cost for all services Is, $41,344. Bid tab sheets detailing the proposed costs and services to be provided by Black's for FY2011-2012 are included in Attachment A. The Professional Services Agreement between the, City and' Black's allows extensions for one-year periods — the latest extension expires on September 30, 2011. The Fourth Addendum to the Professional Services Agreement (see Attachment B) extends the period for one year to September 30, 2012. Submitting Department, Director: Walter Bandish Date: ------ . ... .......... Attachment(s),: Attachment A — FY2011-2012 Bid Tab Sheets Attachment B — Fourth Addendum to Agreement Financial Impact: Funds have been budgeted for this ftee%ent_A_ddendum. Reviewed by Finance Director: Andrea Bowers Date: The City Manager recommends that City Counci�ll-take lKe following action s): Approve Annual Extension of the Fertilization, Insect, Disease, Weed Cool and Pe Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest Contr k1c. Approved bger: David L. Greene D -1m, N. fis-f I I City Council Action: Approved as Recommiended' Disapproved Approved with Modifications I Tabled to Time Certain Attachment A FY2811-2812 Bid Tab Sheets to uj o CD xCT a X x M to C) (0 'ro r- in 'a X Lo Fo cj in V 0 90 0 M 10 X gn 0 R as R 0 CR q CR q q C3 q i% ass yq 02 N!C� 0 0 0 Ln a 0 0 C) to 0 ul co 0) CD rq to 44 Vlk 44 fo 44 44 to to W� U) UJ c Ul 0 = LLJ U) uj w C4 C4 0 eq N to C,4 CL CL Vi C CD R R C C O C! O = C2 Ln 0 C5 W) as &n as 49 Ow 6F. to too- 69 fw% to 91)6 Ll GYI E-0 ria CL C 0 r et 0 CL CL OL t qty 0 J), :2 � T) Uo —M u A u It> LU ffi E 2! cu m U. 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CL d d 't L `� i F '� C ~ '� ` F- H O go L= O 90 O w 0 EMINI h Fif - 21 V cy MM I m O LD N cmA! je 0 A a to m L) 0 UJ CL 0, E t 0 0- 0 Zspa a� WcyE 0 E ti U) M E uj 0. 0 0 Ix 0 JEL 0 0 'a -0 0 C:4W 0 m Q .r- 0 > q 0 M z 00 C) 0 0 G7 0 00 0 C) 0 C) = 0 6 6 C; 6 Cd 6 C; C; w as *0as m 0 00 to 4A. 46 44 W. 613� 40 69. k4 vk v* 4a 40 fa 64 I I (n Ul UJ 0 x w m ua ra to (N CL CL C) 00 0 0 C) 0 CD Cl IR q q1 9 IR 9 Cs c7 C! 0 tn Ln C> C) C) m " 0 M 0) W� C4 Ln C) U) cm z Qv Olt e9, 44 W% C4 4fk Was L%I�vas T7 "t7 m cr :3cr 2 V, c a .5 -c c to CL M a R9 S a m u r 0 0 'N 0 LLJ 4x (a 0 (D 0) rco �2 V v 0 G .9 CL CL CL se 4) yto mt7 cr 10 t r_ C c 0 co R' CD R I � f 2 } � . O ! ; . ƒ � [ � c \ 2 { ■ n 2 ) C k _ § ; LU § ¢ � ; 7 R § 'm uj LU § (D u B lu § 2 LU m)co kQ k CD Attachment B Fourth Addendum to Agreement FOURTH ADDENDUM TO BLACK'S SPRAY SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS FOURTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Fourth Addendum") is made and entered this day of , 2011 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Palk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement"), and an Addendum, Second Addendum, and Third Addendum (collectively "Addenda") thereto; and WHEREAS, the Agreement, as modified by the Addenda, is scheduled to terminate on September 30, 2011; and WHEREAS, the City and Contractor desire to extend the term of the Agreement, as amended by the First, Second and Third Addenda, as set forth herein; and WHEREAS, this Fourth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2011 and terminating on September 30, 2012. ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Addendum as of the day and year first above written. Fourth Addendum to Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page I of 2 Attest: 13 Angela Apperson, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Rocky Randels, Mayor CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. By: Print Name: Title: Fourth Addendum to Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09120/11 Item No. _ I/ Subject: Approve Annual Extension of Mowing Services Agreement in the Amount of $178,939.10 with Nick's Lawn Service, Inc. Department: Public Works. Summary: This contract was awarded to Nick's Lawn Service, Inc. (Nick's) in 2009 for providing mowing services at City facilities and parks, and rights-of-way. In general, Staff is pleased with the services provided by Nick's since contract inception in 2009. Nick's unit prices have not been increased for FY2011-2012. However, revisions were made to the mowing schedules at several of the City facilities and an increase was approved for providing mowing services at Manatee Sanctuary Park. These revisions have resulted in an increase of $692.45 in the proposed contract amount from FY2010- 2011. Bid tab sheets detailing the proposed services and costs to be provided by Nick's for FY2011-2012 are included in Attachment A. The Professional Services Agreement between the City and Nick's allows extensions for one-year periods — the latest extension expires on September 30, 2011. The Second Addendum to the Professional Services Agreement (see Attachment B) extends the period for one year to September 30, 2012. Submitting Department Director: Walter Bandish �� Date: Attachment(s): Attachment A — FY2011-2012 Bid Tab Sheets Attachment B — Second Addendum to Agreement Financial Impact: Funds have been budgeted for this Agreement Addendum. Funding comes from General Fund, Wastewater Enterprise Fund and Stormwater Enterprise Fund according to the services required. Reviewed by Finance Director: Andrea Bowers Date: 911311( The City Manager recommends that City Council to a the following action(s): Approve Annual Extension of Mowing Services Agreement in the Amount of $178,939.10 with Nick's Lawn Service, Inc. Approved by City Manager: David L. Greene Q']ra- Date: 3 /it City Council Action: [ ] Approved as Recommended [ ] Disapproved j ] Approved with Modifications [ ] Tabled to Time Certain Attachment A FY2011-2012 Bid Tab Sheets c; � �§�§ 2 2 § ) ; /J ) 2 1? 1:2 a � k #�■ �? 2a R IR CR CD § � Irp § d k ) 2 " N o q k � -2 BELU �■ \ § ■ m / $ m -m C2■ # � ]§e - 2 §¥ 1210 a S # m■ a 2 2 E @r, § % 7 8 "MQ/ ��S - . � 2 ® - - - - � )/ k tƒ k 2Im k k/ CL E C o E§ o # �) 2 0 E | £ & © 2 c & 2 & e § E ; 2 \ § ) 2 } 2 ) a § � R ) !<tog °� �\ o < 7� I §§\ f■a §U) Ell 0 j �r0 2E� /co >a J � C2 CR C2 CD a m §w cc co k k r- ) k _ _ o k � � � § _ _ - - ma 'D Lu Q § ■ 2 A ■ ° - ■ - �a� o V§ ° S G 8 s# ° S S 8 G @ k 2 k co� t §�F. ® c , k k � § 7 § a E\ § ® I \ A k 0 � ] � � � E .6 cL m [ / a §§ o � 0 E - o e f & e I np�c | - E & E m' R& k &§ 2 ° 2] & £ .9 2 km 2 ® CL. | g I 2 z / 2 k �k �_ k 2} . / 0 § k ° \ ©k■7 %_ Z k �«» kk� ) � C, m ¥ m ¥ §§ §§§ K E k k k k 2co§ ° 8 ®-- k� -- ®- - -®- § mom= �\ $ ■ $ $ S Q \ § § -2� CD ct� CD �} k\ 7 § � § ci� c E § B ■ - ® - - - - _ _ _ _ _ _ - - - - $ ] - § § 13f % § E \% k£% k k k 2 a $§ e E% f E zf 2 �= e E= e A . ■- ' � CL e; E o A_ £ e o L o ■' 2 o_ S _ o _ ks�&�■7& E�&Js�e& 2&� 2 2 I ■ 2 v k f E a 2 _ 2 a£ _ = 2 2- g ■ 2� 2 § 2 IL $ _ a § i © ` J $ k � -WMI M .�.. % Owl I RM k� { �� kin k ` 2 eI ) R/� 2 § � )J - /� (0 I§ , �k \ ri o 14¢ k I CD 0 10 C3 Q CD ca k10 § k § § §V3 ) )k § u ® » # k � k _ _ _-1 VF 69 1_ -1 _ »mow kow §2 U § ■ � w $ ° � ■ a � ■ r - _ coC .0} � k § k § § ) § § ) k ) _ e m � v � � � / k B - _ _ _ _ _ _ _ _ _ - - k § © k k� k k E§§ I E ■■� 7 _ F M40 e e e_ I C I E f kkE C § o E o r[ o o a 0§ a / / k k \ / \ a a) 2 2 2 7 3 / � ° owl a.{��l @ k R §v% @■ Wit§ �2 E� §� B$. g22 q«- %2i �0 ma � � CD tq ) § §q ) § ) S r � § § 2 2 - - - o' k�§ E § ■ Q $ � S a � # ° � 2 � � � � 22r �g ) § / k k \ § 2 § c � k- ® ® - - ® ® - - - ® - - ® ■ 2 tri to - - \ 01 / \ ) k \ \ k \ \ Vol a 2 { / E ! 1- ) ; tf| § �f)f2Ef7 & E E x Lu a J § o e I o R e _ _ @ ) & ) k @ © | � 29 ■ @9 g G���` 2�2 _��I to &CL $ & a _ M a . z ■ a: all'/ » ., I x I/ c� > lA = era 0 O � :a L 41 n G y� to r > c d a ro ro � a ro � ° •p o z is ro d n o n O O L aroi > a Cm c �; m s z z p q 0o y - o H o O 0 e1 G O O O O O O O O O O d O o O ~ N ep0 CN O O 40 ^ cc � a �W�pp aptpp to O H Ot'7 ef1 ti N O h Q W m m eb sly m 1: N 1R.1 R 0 m w 4 H w H w H w w H �} H H H �+► w w w H w H H IL 4 > c m W R a Z r 0 w 0 O r r N r N r N 0 r r N 0 s• r CL a a R L P -3O �,,, O O to O O G ell O 4 O 4 O M 1 t e 6 O. O O O 0 O Q O 4 ,1117 C G O O C CZ O V R y CD eA 10 La N ep e 4 a 4 rz Al to to to 47 Ih pp Q V 4 tO v w dd N ee t0 0 h 0 41 Ol U N N ti N N e � o � H H w H 49 w w w N M N W H H w w H N H H e� W .A U 9 N u g m c m N a V °f". ¢ a M s> C o v ° o C o° O C C 0 0 GEll _ rn za �' rn tia a s aa a 5 o° a o c E g = a e° o. a t W O g V w 0 d 3 ° O t O YO O imuu�-F- aOa eO ° C E ;a,m 'Z E 'O oE z S•2 IX gn a m f a m CL _ a pm k� \ 0 I ' r �\ 'r[3 E �� ■E # �° � k �0 22 0 2- ■-0 0- , £ � §k # \ k # k Q k to o a �2 _ �mL EEX � CL mw 0: ■ 3 I �� to ]n c - o § § § In §\ § ) E �o �o m o o ` � ■ E § � ƒ < m « ) C3 C3 $ / / CO k 2 - 401,® 401,® � LU 2 q7 �( � � �} < �! A« � ■ m �; � : c ■ \ » k z § _ ILJ I 6 LU L g k ) \ . . . . :. — _• } \ o 0 u 2 � m � k am Attachment B Second Addendum to Agreement SECOND ADDENDUM TO NICK'S LAWN SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Second Addendum") is made and entered this day of , 2011 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose Principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City'), and NICK'S LAWN SERVICE, INC,, a Florida corporation, whose principal address is 140 North Tropical Trail, Lot #18, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") thereto, and WHEREAS, the First Addendum is scheduled to terminate on September 30, 2011; and WHEREAS, the City and Contractor desire to extend the term of the Agreement, as amended by the First Addendum, as set forth herein. WHEREAS, this Second Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2011 and terminating on September 30, 2012. ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. Second Addendum to Professional Services Agreement City of Cape Canaveral / Hick's lawn Service, Inc. Page 2 of 2 IN WITNESS WHERE OF, the parties hereto have executed this Second Addendum as of the day and year first above written. Attest: By: Angela Apperson, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Rocky Randels, Mayor CONTRACTOR: Nick's Lawn Care Service, Inc., a Florida corporation. Print Name: Title: Second Addendum to Professional Services Agreement City of Cape Canaveral / Nick's Lawn Service, Inc. Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. / 2 - Subject: Approve Traffic Signal Maintenance Interlocal Agreement between Brevard County and the City of Cape Canaveral. i Department: Public Works. Summary: The Brevard County Public Works Department currently performs the maintenance of selected traffic signals located throughout the City. These traffic signals include the following locations: • SR A1A and North Atlantic Avenue; • SR A1A and Jackson Avenue; • SR A1A and Buchan Avenue/Center Street, • North Atlantic Avenue and Central Avenue; and • North Atlantic Avenue and Canaveral Boulevard. The existing Interlocal Agreement to perform the maintenance activities will expire on October 31, 2011 - Brevard County has proposed a new Interlocal Agreement for the next five years (see Attachment). The fees to perform the maintenance work are included in Exhibit B. The proposed Interlocal Agreement has been reviewed and approved by the Brevard County Attorney's Office and will be effective from November 1, 2011 through October 31, 2016 if approved by the City Council. Submitting Department Director: Walter Bandish (Ajq b A Date: ! /l3 /i1 Attachment(s): Attachment - Summary of Traffic Signal Maintenance Interlocal Agreement & Interlocal Agreement Financial Impact: The City has budgeted $4,000 for FY201 - Reviewed by Finance Director: Andrea Bowers Date: q11-311 The City Manager recommends that City Council to a following cti n(s): Approve Traffic Signal Maintenance Interlocal Agreement etween Brevard County and the City of Cape Canaveral. Approved by City Manager: David L. Greene 'i>— Date: ?f13 I( City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ Tabled to Time Certain SUMMARY OF TRAFFIC SIGNAL MAINTENANCE INTERLOCAL AGREEMENT County has an Agreement with a signal maintenance contractor for maintenance/construction of traffic signals within Brevard County. City and County wish to enter into an Agreement whereby the County will maintain all traffic signals owned or partially owned by the City. City desires that County staff perform maintenance/construction on traffic signals within the City and/or oversee contractor on behalf of the City. Scope of Work Outlines County's responsibilities for traffic signals, intelligent transportation systems, cameras, overhead signs and roadway lighting luminaries (Exhibit A) related to Preventative Maintenance Service, Upgrades and Standardization, Modifications and Reactive Maintenance Services. Outlines County's responsibilities for Review and Inspection Services of future traffic signals. Procedure Outlines the City's and County's responsibilities related to Emergency Signal Maintenance and Other Aerial Maintenance. Maintenance of Traffic Outlines the City's and County's responsibilities for maintaining safe traffic flow. Equipment and Stock Outlines City's responsibility. Authorized Personnel Limited to County's Traffic Systems Technician(s), County's Traffic Sign/Signal Technician(s) and Contractor or any other personnel agreed upon by City and County in emergency. Compensation Outlines City fees to County for Preventative Maintenance, Upgrades and Standardization, Modifications, Reactive Maintenance, Review and Inspection Services (Exhibit B). Term of A eement Five (5) years from date of recording. Cancellation Clause Outlines Agreement cancellation criteria. Assignability Agreement is non -transferable and non -assignable in whole or part without consent of County. Construction of Agreement 1 Outlines Parties' acknowledgements. Modification Clause Outlines criteria for any modifications. Entirety Clause There are no other agreements; proposed Agreement between County and Contractor will become part of the Agreement. Severability If any section of Agreement is declared null and void by court of competent jurisdiction, remaining parts of Agreement shall continue in full force and effect. Venue Brevard County is venue for any legal action Indemnification Summarizes terms by which the County agrees to indemnify and hold harmless the City from all claims/damage/loss/expense arising out of or resulting from performance of the services to be contracted. Summarizes terms by which the City agrees to indemnify and hold harmless the County from all claims/losses/expenses arising out or resulting from the services provided under this Agreement. Waiver No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. Attorney's Fees Each party shall bear its own attorney's fees/costs; this provision shall not be interpreted to be a pledge of ad valorem tax revenues. Default In the event of default by either party, all remedies shall be available under laws of State of Florida. Effective Date Date of recording. Right to Audit Summarizes criteria by which Contractor shall keep/retain books in order to be in compliance with generally accepted accounting procedures. 2 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of , 20_ by and between the City of Cape Canaveral, Brevard County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "CITY", and the Board of County Commissioners of Brevard County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS the COUNTY has entered into an agreement with a signal maintenance contractor, hereinafter referred to as "Contractor" for maintenance and construction of traffic signals within Brevard County, and WHEREAS, the CITY and the COUNTY desire to enter into a mutually beneficial relationship whereby the COUNTY will maintain all traffic signals owned or partially owned by the CITY, and WHEREAS the CITY desires to have the COUNTY staff perform maintenance on traffic signals within the CITY and/or oversee the Contractor on behalf of the CITY, 1T IS THEREFORE agreed as follows: 1. STATUTORY CITE This agreement shall be considered an interlocal agreement pursuant to the State of Florida Statutes, Chapter 163, Part 1, 2011. 2. SCOPE OF WORK This agreement applies to, but is not limited to, those traffic signals, intelligent transportation systems, cameras, overhead signs, and roadway lighting luminaries, etc., under the CITY's maintenance responsibility which have been accepted for maintenance by the COUNTY. Exhibit A contains the inventory of traffic signals, overhead signs, and roadway lighting luminaries, etc., within the scope of this Agreement and is attached hereto and incorporated herein by reference. Exhibit A is hereinafter referred to as the "Traffic Signal Inventory." a. Preventative Maintenance Service. The COUNTY agrees to provide up to three (3) preventative maintenance services per year for the Traffic Signal Inventory. The COUNTY will maintain the Traffic Signal Inventory to the extent of the COUNTY's capability (in terms of ordinary maintenance and repair) and will charge the CITY a maintenance fee for said services. b. Upgrades and Standardization The COUNTY agrees to include the Traffic Signal Inventory in COUNTY equipment upgrade and standardization program reviews. Where deficiencies are noted, the COUNTY will notify the CITY of the deficiencies and provide an estimate of cost to bring the facility to appropriate standards. The CITY will notify the COUNTY when the work can be scheduled. The COUNTY will strive to lower maintenance costs to all cities by ensuring that equipment reaching the manufacturer's recommended life will be upgraded to standardized equipment as CITY budgets allow. C. Modifications. The COUNTY agrees to modify the configuration of traffic signals within the Traffic Signal Inventory at the request of the CITY. The cost of modifications requested by the CITY will not exceed actual costs to the COUNTY. d. Reactive Maintenance Services. The COUNTY agrees to respond to any Emergency Condition as defined in the current version of the COUNTY "After Hours Traffic Sign and Signal Response Policy" within two hours of being notified of the emergency condition. The COUNTY also agrees to schedule and respond to all other reactive maintenance problems in an efficient and timely manner. The COUNTY shall be reimbursed by the CITY for costs it incurs for all reactive maintenance of the Traffic Signal Inventory. e. Review and Inspection Services. The COUNTY agrees to provide the CITY with review and inspection services for any traffic signals proposed to be constructed within the CITY and added to the Traffic Signal Inventory. The traffic signals stated in the previous sentence are hereinafter referred to as "Future Signals". 1. The COUNTY agrees to review the design and specification documents for Future Signals, at no charge to the CITY, to assist the CITY in ensuring the level of quality necessary to promote a safe and affordable installation. The COUNTY agrees to review any Future Signal construction documents within 14 working days of receipt of said documents. 2. The COUNTY agrees to inspect Future Signal construction to assist the CITY in ensuring the construction methods and equipment meet the standards and specifications, thereby promoting lower future maintenance costs. Fees for these inspections are shown in Exhibit B. 3. PROCEDURE a. Emergency Signal Maintenance The CITY shall contact the COUNTY at 321-455-1440 during normal working hours, Monday through Friday from 7:00 a.m. through 3:30 p.m. The CITY shall contact Central Dispatch Center (Civil Defense) at 321-633-1737 during non -working hours to request emergency traffic signal maintenance. The COUNTY will respond to requests for maintenance and, if possible, make repairs. If repairs cannot be performed by COUNTY personnel, the COUNTY will authorize the Contractor to perform the repairs. Major repairs will not be undertaken without the approval of the CITY. The CITY shall submit a payment recommendation on the Contractor's invoice. The COUNTY will submit a statement using agreed upon rates in Exhibit B, quarterly, to the CITY for maintenance work performed by COUNTY personnel. The CITY shall be responsible for payment of Contractor invoices directly to the Contractor. b. Other Aerial Maintenance The CITY shall notify the COUNTY in writing, either by Notice to Proceed or CITY purchase order, of the work to be performed. The COUNTY will respond to requests for maintenance and perform the maintenance when time is available. 4. MAINTENANCE OF TRAFFIC The COUNTY or the Contractor shall be responsible for maintaining safe traffic flow in accordance with the Florida Department of Transportation Roadway and Traffic Design Standards, most recent edition, and any other applicable references. In the event law enforcement is necessary to maintain traffic, the CITY shall, at its sole expense, arrange for law enforcement. 5. EQUIPMENT AND STOCK The CITY reserves the right to supply new and/or reconditioned parts to the COUNTY for installation. The CITY will be responsible for the installation of any necessary telephone drops in the master cabinet and shall pay the monthly charges for such telephone drops. 6. AUTHORIZED PERSONNEL The personnel authorized by the CITY and the COUNTY to perform maintenance shall be limited to the COUNTY's Traffic Systems Technician(s), the COUNTY's Traffic Sign/Signal Technician(s) and the Contractor or any other personnel agreed upon by the CITY and COUNTY in an emergency. The charges for the services of such emergency personnel shall be computed using the rates on the attached schedule. 7. COMPENSATION a. Preventative Maintenance Both parties agree that the CITY shall pay the COUNTY a maintenance fee for preventative maintenance services. 1. Both parties agree that the maintenance fee shall be based on the following: The calculated total costs to perform preventative maintenance services on a random sample of signals in the County as documented for the previous fiscal year will be divided by the total number of signals in the sample to arrive at an average per - intersection cost. This average cost will be the fee charged to each city and shall be calculated each year based on actual cost averages from the previous year. 2. From the effective date of this Agreement, until changed pursuant to the criteria contained herein, the Preventative Maintenance Fee for each signal within the scope of this agreement shall be as set forth in Exhibit B. b. Upgrades and Standardization The COUNTY will strive to lower maintenance costs to all cities by ensuring that equipment reaching the manufacturer's recommended life is upgraded to standardized equipment. The CITY shall compensate the COUNTY for actual costs incurred in this process. C. Modifications. The CITY shall compensate the COUNTY for the actual costs of any Modifications requested by the CITY. d. Reactive Maintenance. The CITY shall compensate the COUNTY for reactive maintenance in accordance with Exhibit B. Compensation will be made to the first hour and then to the nearest one-half hour and may include travel time to the work site. Emergency call outs performed after hours shall be compensated from portal to portal, all time associated with travel to and from the location and time spent repairing emergency. The COUNTY's compensation schedule may be adjusted upon thirty (30) days written notice to the CITY. The Contractor's Compensation schedule may be adjusted in accordance with the Agreement between the COUNTY and the Contractor. Compensation adjustment shall be based on material cost variation or other relevant economic conditions, sufficiently documented by the requesting party. Either party may request a compensation adjustment. Failure to agree upon compensation adjustments may constitute mutually agreed upon termination of this Agreement. Regular time work shall be work that was performed between the hours of seven o'clock (7:00) a.m. and three -thirty (3:30) p.m., Monday through Friday. Overtime work shall be work that was performed during those hours not defined as regular time. Holidays will be charged at the overtime rate. Holidays are defined as those days officially designated as holidays by the Brevard County Board of County Commissioners. Work that is initiated during regular time, completed during overtime, and required more than one (1) hour of effort during overtime to complete, will be partially compensated at the overtime rate, based upon the prorated share of work completed during overtime. The CITY shall pay to the COUNTY the actual cost of all materials furnished by the COUNTY, associated with reactive maintenance activities, which are an integral part of the finished work. Standby personnel are assigned to respond to all after hour calls for the COUNTY and the CITY. Due to the number of traffic signals within the COUNTY system and the CITY systems, there may be times that it is more beneficial to the COUNTY and CITY to have an additional Traffic Signal Technician on call to provide timely response. In the event it becomes necessary to place a second employee on call, the standby rate would double for that period of time and the cost would be shared on a pro rata basis. e. Review and Inspection Services The CITY shall pay the COUNTY for Inspection Services as shown in Exhibit B. 8. TERM OF AGREEMENT The period of this agreement shall be for five (5) years from the date of recording. 9. CANCELLATION CLAUSE This agreement may be canceled by either party upon 30 days prior notice to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 10. ASSIGNABILITY This agreement is non -transferable and non -assignable in whole or part without the consent of the COUNTY. 11. CONSTRUCTION OF AGREEMENT The parties hereby acknowledge that they have fully reviewed the Agreement and its attachments, and have had the opportunity to consult with legal counsel of their choice, have participated in the negotiating and drafting of this Agreement and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement. 12. MODIFICATION CLAUSE No modification of this Agreement shall be binding on the COUNTY or the CITY unless reduced to writing and signed by authorized representatives of the COUNTY and CITY. 13. NOTICE Any and all notices required under this Agreement shall be in writing and sent to the following addresses, by US Postal Service, certified, return receipt requested: Harriet Raymond David L. Greene Public Works Support Services Manager City Manager Brevard County Public Works City of Cape Canaveral 2725 Judge Fran Jamieson Way, A201 PO Box 326 Viera, FL 32940 Cape Canaveral, FL 32920 14. ENTIRETY CLAUSE This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein. The proposed Agreement between the COUNTY and the Contractor will become a part of the Agreement and be incorporated herein. 15. SEVERABILITY In the event a court of competent jurisdiction determines any sentence, provision, paragraph or section of this Agreement to be null and void, the remaining parts of this Agreement shall continue in full force and effect as though such sentence, provision, paragraph or section had been omitted from said Agreement. 16. VENUE Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County, Florida. 17. INDEMNIFICATION Except as limited by law, the COUNTY agrees to indemnify and hold harmless the CITY and its employees from all claims, losses and expenses, excluding attorney's fees and costs, arising out of or resulting from the performance of the services to be contracted, provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death or personal injury, or to property damage, including loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the COUNTY or arises from a work-related injury to any of the COUNTY's employees. The COUNTY acknowledges adequate consideration for this agreement. Except as limited by law, the CITY agrees to indemnify and hold harmless the COUNTY and its employees from all claims, losses and expenses, excluding attorney's fees and costs, arising out of or resulting from the services provided under this agreement provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death or personal injury, or to property damage, including loss of use of property, and (2) is caused in whole or in part by any negligent act or omission of the CITY, arises from a work-related injury to any of the CITY's employees, or is caused in whole or in part by any equipment or part the CITY provides for installation. The CITY acknowledges adequate consideration for this agreement. 18. WAIVER No delay or failure on the part of any party hereto to exercise any right or remedy accruing to such party upon the occurrence of an event or violation shall affect any such right or remedy, be held to be an abandonment thereof or preclude such party from the exercise thereof at any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. 19. ATTORNEY'S FEES In the event of any legal action to enforce the terms of this contract, each party shall bear its own attorney's fees and costs. This provision shall not be interpreted to be a pledge of ad valorem tax revenues. 20. DEFAULT Either party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. 21. EFFECTIVE DATE Pursuant to Section 163.01(11) Florida Statutes, the effective date of this contract shall be the date on which the instrument is recorded in the Public Records of Brevard County, Florida. 22. R[GHT TO AUD In the performance of this Agreement, the Contractor shall keep books, records and accounts of all activities related to the Agreement in compliance with generally accepted accounting procedures. All documents, papers, books, records and accounts made or received by the contractor in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the Grantee for a period of three (3) years after termination of this Agreement, unless such records are exempt from Section 24(a) of Article of the State Constitution and Section 119.07(1) Florida Statutes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COUNTY ATTORNEY APPROVAL: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Robin L. Fisher, Chairman AS APPROVED BY THE BOARD ON ATTEST: Mitch Needelman, Clerk CITY OF CAPE CANAVERAL ATTEST: BREVARD COUNTY, FLORIDA David L. Greene City Manager 0 J Z ¢ LU w � a Z > ~ J Q Do a z x (D U w N w a U Q t_t U LL Q F- CL E v m _ _ L CAD}� CAD CAD by LO L N Cn N 1 1 3 � Y D) Q) V) th t t L L M M 4D M N O C7 O O O O d O O 0 OO O O O U U U U U U U U U U O V) LU CO J ULULLJQ a --r 7 eu U j v z Z z ¢ Q U U JZO Q o�6 0.6 Lns 7 7 Q U Z Q o6 U U 06 cz; 06 Q < Q Q Q a Q Q vi LA vi z z WAIMII Preventative Maintenance Fees per visit Upgrades and Standardization Fees Modification Fees Reactive Maintenance Services Fees Reactive Maintenance Materials Review Fees Inspection Services Fees per inspection Actual Costs: Fixed fee per call $178.44 Signal Tech/hour Regular rate $28.20 Overtime rate $42.30 $70.76 Actual Costs Actual Costs Actual Costs Actual Costs No Charge $84.97 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. 13 Subject: Approve a lien reduction for Case No. 2010-00112, 209 Pierce Avenue, Unit A from $8,350. To $1,354.86. Department: Code Enforcement Summary: At the August 18, 2011 Code Enforcement Board meeting, the Board unanimously recommended that City Council reduce the outstanding lien in the amount of eight thousand, three hundred, fifty dollars ($8,350.00) to staffs cost for the enforcement of the violation in the amount of one thousand, three hundred, fifty-four dollars and eighty-six cents ($1,354.86). The lien was imposed on May 20, 2011; the property was brought into compliance on August 9, 2011 by Deborah Dean (purchasing the property). The ownerfseller of the property, Harbour Portfolio Vl, LP, has authorized Ms. Dean to represent their interests. Ms. Dean is purchasing the above referenced unit and has brought the property into compliance and has reestablished the homeowners association for the parcel. Ms. Dean appeared at the Code Enforcement Board hearing and requested the lien be reduced to staff costs because she did not own the property at the time of the violation. • Total lien amount is eight thousand three hundred fifty dollars ($8,350.00). • Total cost for the enforcement of Case #2010-00112 is one thousand three hundred fifty- four dollars and eighty-six cents ($1,354.86). Submittiq_g Department Director: Todd Morley Kvv Date: 08/23/11 Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release of Code Enforcement Lien, Notice of Compliance, Current Lien Amount Calculation, Staff Costs Calculation, & Code Enforcement Draft Minutes. Financial Impact: These units have been an issue to the City for quite some time. Staff from several departments have spent time working with the owners trying to resolve the numerous problems encountered through the mortgage crisis. The City of Cocoa has a utility lien on this unit in the amount of $2,054.90. This is in addition to the liens from Cape Canaveral. Our goal is to bring these units into compliance and reestablish the complex as a functional part of the Cape Canaveral Community. If the punitive fines are forgiven'Jaq City will forgo $6,995.00, but perhaps avoid additional future staff time. Reviewed by Finance Director: Andrea Bowers Date: 9113111 The City Manager recommends that City Council to a the following action(s): Reduce the lien per Code Enforcement Board recommendation. Approved by City Manager: David L. Greene 0am1 Date: 9113111 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City ®f Cape Canaveral To: David Greene, City Manager Angela Asperson, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council (Satisfaction or Release of Lien) On August 18, 2091 the Code Enforcement Board reviewed the Case No. 10-00112. By a unanimous vote, the Board recommended that the City Council grant the reduction of the outstanding lien in the amount of eight thousand three hundred fifty dollars ($8,350.00) to staff's cost for the enforcement of the violation in the amount of one thousand three hundred fifty-four dollars and eighty-six cents ($1,354.86). 7510 N. Atlantic Avenue m Post Office Box 326 a Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 o Fax: (321) 868-1247 wwwmyflorida.com/cape a email: crapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE 4:'tiC 2o) 0 oo [ t �+ APPLICATION FEE: $ � CD. APPLICANT: Box to LP DATE: Zc7.1 ADDRESS, I•t`�; Box i99fa -- CITY: =i _OA 0 STATE: 5C ZIP: � 2-90 Ca 3 NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: Z 15 PI mcy Air— . _4-- Z Og A DATE FJNE/LIEN IMPOSED: AMOUNT: /DAY OR TOTAL COMPLIANCE DATE: —_ RELIEF REQUESTED: SATISFACTION / DEDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ - AS THE AMOUNT OF THE REDUCED • FINE. r THE FACTUAL. BASIS UPON WHICH THE VIOLATOR 1J'BELIE/,kVIte! ES THIS APPLICATION SHOULD HE GRANTED: ,� (If more space is needed add additional pages) f�rir�l+Cam' 'A.!�'!Jf �jlt3 �! 1_ WG?JJ_ dl�Q. a i�.c�.G S e `!w - (If ! — TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECTPROPERTY INTO CObOLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCE'S THAT EXIST WHICH WOUL15 W.ARRADlT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space ' is needed add additional pages) Date: Appiieant's Signature !1 1) THE FACTUAL BASIS UPON WHICH THE VIOLATOR RELIVES THIS APPLICATION SHOULD BE GRANTED: Applicant purchased the property in December2010 and was unaware the lien for the particular unit purchased (#209A) would not be able to be removed because the 4 -unit building had only 1 water meter. Applicant was also unaware there was a past due water bill for the entire building, including the unit in question. 2) TERMS AND CONDITIONS TO BE IMPOSED.. . Immediate release of lien, upon inspection and approval by the City of work to be completed by Applicant to install a water meter for the unit in question, to bring the property into compliance. 3) THE REASONS, IF ANY, WHY THE APPLICANT.. . The Applicant was unaware at the time of its purchase of the single unit, that the liens and non-compliance related to all 4 units in the building would require cure before Applicant would be provided effective use of its property. Applicant was prepared to cure its portion of the lien and non-compliance issues. 4) ADDITIONAL FACTS... It is Applicant's understanding that the Unit # 209A had a past due invoice for water service, as well as other, related Notices that were delivered to the HOA, which had dissolved. As a result,.there was no one to deliver such notices to any of the unit owners comprising the building in question. Further, Applicant was unaware that the unit did not have its own, separate water meter. HARBO UR PORTFOLIO VI, LP Post Office Box 1996 Irmo, SC 29063 (803) 798-4666 Office (803) 731-8444 Fax July 21, 2011 Att.- To Whom It May Concern RE: 209 Pierce Unit Cape Canaveral, FL 32920 Debbie Dean has purchased the home at the above address and is in the process of having repairs done to bring the'house up to code. lits. Dean is acting as our agent(s) in maintaining the property. She will take responsibility for any and all issues regarding the above properties including obtaining the necessary permits needed to do any and all repairs. Should you have any questions or concerns please contact me at 803-798-4666. Sincerely, Kirk Bellesen Preservation Department Supervisor ZNotary� Lexington County, South Carolina My commission expires: le Off-- 2r- 2ur� ``\`t1�1til1EIlErDate yam.` �\ .•�,Tnlsstp�•• G1 ,��� NOrRI?k ° 'a PUSUG = CityCapeof Canaveral Community Development Department 'ITY OF CAPE CANAVERAL vOTICE OF COMPLIANCE Harbour Portfolio, V1 LP 8214 Westchester Suite 635 Dallas, TX 75225 CASE #: 2010-00112 LOCATION OF VIOLATION: 209 Pierce Avenue, Unit A Cape Canaveral, Florida 32920 PROPERTY PARCEL #: 24 -37 -23 -CG -00062.0-0004.01 Respondent(s): Harbour Portfolio VI LP; The above property was found m compliance on August 9, 2011, by meeting the requirements of the Order Imposing Penalty on First Violation as stated below. Description of Violation(s) at property: IPMC Section 82-221, Intemational Property Maintenance as adopted: IPMC Section 504. 1, General IPMC Section 505.3, Supply IPMC Section 604.3, Electrical System Hazards IPMC Section 302.4, Weeds NFPA Section 38-26, Florida Fire Prevention Code, as adopted. NFPA Chapter 10, Fire Extinguishers Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact our office at (321) 868-1222. S -merely, Vuree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920.0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www'.myflorida.com/cape e-mail: cityofcapecanaveral.org City of Cape Canaveral Community Development Department 11 To: Angela Apperson, City Clerk From: Duree Alexander, Code Enforcement Officer Through: Todd Morley, Building Official Re: Recorded Lien Amount for 209 Pierce Avenue, Unit A, Cape Canaveral, FL 32920 Parcel ID## 24 -37 -23 -CG -00062.0-0004.01 Legal Description: Unlit 209A PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO, PB 000, PG 0007. The lien was recorded on 5/31/11, CFN 2011096868, Official Record Book 6392, Page 2255. 5/20/11 1 Day @ $250.00 $ 250.00 5/11 11 Day @ $100.00 1,100.00 6/11 30 Days @ $100.00 3,000.00 7/11 31 Days @ $100.00 3,I00.00 8/11 9 Days @ $100.00 900.00 TOTAL $8,350.00 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.rriyflorida.com/cUe e-mail: cityofcapecanaveral.org STAFF COST FOR ENFORCEMENT OF VIOLATIONS FOR 209 PIERCE AVENUE UNIT A DATE DISCRIPTION AMOUNT 3/5110 REC'D INITIAL COMPLAINT - CE 1/2HR 15.00 3/15/10 SITE VISIT - PHOTOS - CE I HR 30.00 412/10 CONTACTED R.A. LEFT MESSAGE - CE %2 HR 15.00 614110 SITE VISIT - PHOTOS -CE I HR 30.00 6110110 SITE VISIT - PHOTOS - CE 1HR 30.00 6124/10 RESEARCH PROPERTY- PREPARED NOTICES 2HR 60.00 6/28/10 SITE VISIT - PHOTOS - CE IHR 30.00 7/1/10 MEET W/FIRE INSPECTIOR REGARDING PROPERTY -CE %2 HR 15.00 814/10 POSTED PROPERTY - CE I HR 30.00 9113/10 PREPARED OTA'S & POST PROPERTY-CE-2HR 60.00 10/1/10- INDIVIDUALNOV'S SENT RESEARCH -CE I HR 30.00 10/22/10 DISCUSSED ISSUE OF CONDO W/ATTY -CE 1/2 HR 15.00 3/21/11 RECEIVED COMPLAINT REGARDING 209A - CE 1 %2 HR RESEARCH -CONTACT CITY OF COCOA WATER DEPT 45.00 4/4111 SITE VISIT - CE IHR 30.00 4/5111 SITE VISIT TAGGED DOOR CE I HR 30.00 5/3/11 SPOKE WITH REAL ESTATE AGENT CONDITION OF PROPERTY - CE '/2 HR 15.00 5/2/11 INDIVIDUAL OTA - IHR 30.00 5/5/11 SITE VISIT PHOTOS - CE 1 HR 30.00 519/11 RESEARCH RECIEPT OF NOTICE -CE %2 HR 15.00 5/19/11 SITE VISIT - CE 1 HR 30.00 5/19/11 CEB HEARING -STAFF - CE & SEC I HR 50.00 5125111 PREPARE BOARD ORDERS MAILINGS STAFF --CE & SEC I HR 50.00 6/1/11 SITE VISIT FOR COMPLIANCE - CE I HR 30.00 6/12111 SITE VISIT FOR COMPLIANCE - CE 1 HR 30.00 7/3/11 SITE VISIT FOR COMPLIANCE - CE I HR 30.00 819111 PROPERTY IN COMPLIANCE - CE i HR 30.00 MISC MAILINGS 49.86 8/18/11 LIEN HEARING STAFF -- CE & SEC I HR 50.00 ESTIMATED ATTY FEES 3HRS 450.00 TOTAL 1,354.86 Code Enforcement Board Meeting Minutes August 18, 2011 Page 5 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation. Vote on the motion carried unanimously. OLD BUSINESS: Case No. 10-00112 – Violation of Section 504;1_, General; Section 505.1, General; Section 505.3 Supply: Section 604.3 Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and NFPA 10 Fire Extinguishers, of the Florida Fire Prevention Code as adopted by Section 38-26 of the Cily of Cape Canaveral Code of Ordinances. (209 Pierce Ave__ Unit A) -- Harhnur Pnrifnlin VI I P. Prnnarty C)wnwr Code Enforcement Officer, Duree Alexander, provided and presented exhibits for the Board's review. Office for satisfaction and release of the Code Enforce :>=nt submitted on August 8, 2011. She further state he by Deborah Deen and was found in compliance o I testified that the current lien amount is $80,00. Officer Alexander explained that Deborah into compliance. Further, �e%- ar.bve—kew est property. of the Case history 4lexan ted that the request Lien. filed o ay 31, 2011 was he roperty as been purchased gust 9, 2011. Officer Alexander k a chased this unit and brought it homeowners association for the Deborah Dean, prope omiffin.esi red this unit is next to another unit that she owns there and wd n ghthe entire property into compliance in an attempt to preserve the va . f her pr= eMs. Dean stated that there is already a water lien on the property nd this C .� a Enforcement Lien was prior to her purchase of the property. Ms. Del a s reque rng leniency regarding the lien since she did not own the property at the time therg i s imposed. Officer Alexander respectfully requested that the Board recommend reduction of the Code Enforcement Lien to an estimated staff costs in the amount of one thousand three hundred and fifty-four dollars and eighty-six cents ($1,354.86). Motion by Mr. Hale, seconded by Mr. Godfrey, to recommend that City Council reduce the lien to staff costs in the amount of one thousand three hundred and fifty-four dollars and eighty-six cents ($1,354.86). Vote on the motion carried unanimously. DISCUSSION: Code Enforcement Officer, Duree Alexander, informed to the Board that there would be.a change, similar to the recent change in the Charter that affects the term limits of the Board Members. She explained that after two consecutive terms of three years a member would be required to take one year off. At which time that Board Member would be able to serve on another Board if they choose. Then, after one year, the member could come back to the Code Enforcement Board. Brief discussion followed. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. 14 Subject: Approve Resolution No. 2011-16, a Resolution of the City of Cape Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011112 Department: Finance Summary: Adopt a Combined Rate of 4.0739 Mills for FY 2011112 which is 12.8705% below the rolled back rate of 4.6757. This includes four segments: General Government Police mills a 2.0000 mills General Government Fire/Rescue milia a 1.5000 mills General Government Beautification mills a 0.5000 mills Library Dependent Special District 0.0739 mills These rates are identified in the Fiscal Year 2011112 Proposed Budget. Per "Truth in Millage Compliance", the ad valorem tax rates(s) can be lowered from the initial tax rate proposal. However, no tax rate can be increased. The City Council previously adopted the following: 1) Resolution No. 2011-11 — Tentative Proposed Millage Rate of 4.0739, approved July 19, 2011; and 2) Resolution No. 2011-13 — Proposed Millage Rate of 4.0739, approved September 6, 2011. Resolution No. 2011-16 is the third and final approval e a lishing the Millage Rate for Fiscal Year 201112012. /r / Submittiqo Department Director: Andrea Bowers Date: 9/7/2011 Attachment(s): Resolution No. 2011-16, a Resolutio , of the City of Cape Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011112. Financial Impact: This millage levy will provide $3,354,623 in property tax revenue. These revenues are utilized in the Proposed FY 2011112 Budget at a 95% receipt rate. The Budget is balanced. 1y, Reviewed by Finance Director: Andrea Bowers Date: L?1011( The City Manager recommends that City Council take'the following action(s): Approve Resolution No. 2011-16, a Resolution of the City of Cape Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011112. Approved by City Manager: David L. Greene &-ws. Date: q City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain RESOLUTION NO. 2011-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2011/2012 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 4.0739 mills on the dollar of taxable value for the 2011/2012 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.8705% decrease from the rolled back rate of 4.6757. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 0.5000 mills for Beautification General Operating Millage, as approved in the 1986 referendum election. This proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City City of Cape Canaveral, Florida Resolution No. 2011-16 Page 2 of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 0.0739 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 1.5000 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 2.0000 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 6. This Resolution shall become effective immediately upon its adoption. SIGNATURE PAGE FOLLOWS City of Cape Canaveral, Florida Resolution No. 2011-16 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 20th day of September, 2011. ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, MMC, City Clerk Robert Hoog James Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Subject: Approve Ordinance No. 07-2011 Adopting the Proposed Budget for Fiscal Year 2011/12, Department: Legislative . . . . .............. ............ . . . . Summary: City Council has completed two workshops pertaining to the development of the Budget for Fiscal Year 2011/12. Attachment #4 iternizes, adjustments made after the Proposed Budget was published. The Budget for the Fiscal Year totals $13,061,800. This represents a 14% reduction from the Fiscal Year 20110/11 Budget, City Council approved Ordinance 07-2011 at first reading on September 6, 2011. The Notice of Hearing will be published in the Florida Today newspaper on September 17, 2011. The Ordinance is presented for second reading and, fi, A,,adoption. 'o a Submittin apartment Director: Andrea Bowers Date: 9/7/2011 Attachments: City of Cape Canaveral Fiscal Year 2011/12 Revenues, City of Cape Canaveral Fiscal Year 2011/12 Expenditures, Ordinance No. 07-2011 Adopting a Budget for the Fiscal Year 2011/12 and Amendments to Fiscal Year 2011/12 Proposed Budget Financial Impact: This is, a balanced: Budget based upon a 4.0739 Ad Valorem Millage Rate, Reviewed by Finance Director: Andrea Bowers Date: The City Manager recommends that City Council take qKe'lollowing action(s): Approve Ordinance No. 07-2011 Adopting the Proposed Budget for Fiscal Year 2011/12. Approved by Date: '7f/i /11 City Council Action: J Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain City of Cape Canaveral Fiscal Year 2011/12 ip 1L'�, General Fuind . .... ..... ... . .... Sinecial Revenue Fu!nds Police Education Fund' :Aerial Fire Protection Fund M M OLLibrary Fund Capital Expansion Fund .............. I OIL*] I Law Enforcement Trust Fund SWastewater Treatment Fuind IN Stormwater Fund pi lural ip City of Cape Canaveral Fiscal Year 2011112 Expenditures Activity FY 2008109 FY 2009110 FY 2010111 % FY 2011112 % Actual Actual Estimated Change Projections Change City Council 87,648 79,498 65,403 -18% 43,123 -34% Administration 485,006 487,345 482,822 -1% 333,927 -31% Planning & Development - - - 0% 288,282 100% Police Services 2,602,697 2,469,801 2,651,214 7% 2,611,749 -1.5% Fire/Rescue Services 1,821,168 1,708,563 1,891,107 11% 1,664,338 -12% Building/Code Enforcement 672,510 626,139 627,932 0% 346,917 -45% Infrastructure Maintenance 695,313 625,294 690,092 10% 874,866 27% Leisure Services 343,943 355,794 416,113 17% 437,797 5% Legal Services 129,550 75,745 92,895 23% 107,600 16% Solid Waste 872,319 827,053 834,274 1 % 853,184 2% Economic Development 6,764 18,748 12,030 -36% - -100% Non -Departmental 513,763 589,716 1,992,803 238% 880,926 -56% Police Education 3,051 4,218 12,220 190% 7,568 -38% Aerial Fire Protection 976 516 400 -22% 420 5% School Crossing Guard - 4,733 5,700 20% 10,746 89% Library 59,826 51,050 67,545 32% 61,254 -9% Capital Expansion 25,432 23,316 74,614 220% 81,691 9% Law Enforcement Trust 9,370 41,000 7,430 -82% 6,033 -19% Wastewater Treatment 4,799,635 4,651,759 4,630,535 0% 3,606,680 -22% Stormwater 672,125 505,258 637,041 26% 844,700 33% 13,801,096 13,145,546 15,192,170 16% 13,061,800 -14% 15 0 10 M ff � F Fill, M In M City Council 0 Administration in Planning & Development * Police Services * Fire/Rescue Services oT Building/Code Enforcement 0 Infrastructure Maintenance 1101 Leisure Services IN Legal Services Sulo Solid Waste M Economic Development Non -Departmental F,1 Police Education rd Aerial Fire Protection School Crossing Guard Library ljr//, Capital Expansion Law Enforcement Trust Wastewater Treatment Stormwater r ti co N O CL O L IL N r TOM TM O N LL y� T W E Ma A� al Q) C O U N C d a 0) 0 W y O CL o c d Q O 0 'O to C. -0 a) O Q � o j O C6 C1 O y c cu (� O (c6 o O O C C3 OL m a) L O w O �a was M Nf'- O N M 00 N N O u) 00 to in C Ln U -)co r- qr O) C\! r O r U) N T T cp CO O N M N CO d; r O N V Mr U) N N CA, r- m 00 r- (0 W LO T M N T > T T N It a0 CA O M T-- 00 N Cc V) It In M co N V O LL N T 0 Co 0 r -- co r- m CD (0 U') -- CQtiOO(0U') CnTMMT r T r_ d N CD C W 0) m L) d � n>/ 0 Z LL N U C a) Co � U �— (� Ca ('EEEorb0 o OL a Q'a iaia(aa— (.) ca C o ro QQQ-1(1)2i m ti NI�- N P- T M N 0 M co O CO r CXi "tr C6 O M to N N L 4) Q x W LL r_ N C 0 U a) LU Y S 0 z U a) U C fa C v c C 0 E C, .5 o - W a U C Q) o) C C 0 A Go Ln CD 0) c t 0 a. O Q O Ca Ca ca O C M I ti I 10 00 C Cfl O CD E r� O 0 m � a) Q CO a) U O Ca C a) 0 U CL .5 a) ro LO N co qtll117N N L a C m Q x LU LL L J � C C 0 0 07 ti N d as CL x Li LL L Q J ai tm C t V QJ Z o m n aa)) U) C O L O 7 L _ �+ o a) m Q CL 00 0) E OfN6 O m L z L O O U C U caC ° �_ `t U � Co a O to a) C L J 0 +3+ O j Q) r O L � a) N-0 a s 0 U LU 7 UO �-0 M� a) 0 0 U m a o U 00 O U ov a a 0 H3 c CaU) (6 O V _O L7 (a `� CO CO O 0 N CM O C L (a 0 (a ._ L u�a`¢U'm C CU 6 m [)OLL0 LO co Obi l 000 000 N 00 r CO O N M Cfl m ti NI�- N P- T M N 0 M co O CO r CXi "tr C6 O M to N N L 4) Q x W LL r_ N C 0 U a) LU Y S 0 z U a) U C fa C v c C 0 E C, .5 o - W a U C Q) o) C C 0 A Go Ln CD 0) c t 0 a. O Q O Ca Ca ca O C M I ti I 10 00 C Cfl O CD E r� O 0 m � a) Q CO a) U O Ca C a) 0 U CL .5 a) ro LO N co qtll117N N L a C m Q x LU LL L J � C C 0 0 07 ti N d as CL x Li LL L Q J ai tm C t V QJ Z ORDINANCE NO. 07-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER TREATMENT FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Treatment Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2011, and ending September 30, 2012, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2011. ATTEST: Rocky Randels, MAYOR Name For Against Angela Apperson, City Clerk, MMC Robert Hoog James Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 9/06/2011 Second Reading: 9/20/2011 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. 16 Subject: Ordinance No. 08 - 2011, amending Section 18-3 of the City Code, relating to regulation of weapons during civil emergencies, providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability, and an effective date. Department: Legislative Summary: The City's right to regulate firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture of, ownership, possession, storage and transportation, is preempted by the Florida Legislature. During the 2011 Legislative session, the law was amended to include penalties for violations of the Legislature's preemption, effective October 1, 2011. House Bill 45, approved by the Governor on June 2, 2011, amends section 790.33 by imposing financial penalties on governments, elected officials, or staff members that adopt policies or take enforcement action violating the state's existing preemption. Under the new provisions of the law, City officials or employees who willfully and knowingly violate the preemption would be personally liable for a fine of up to $5,000.00. A willful and knowing violation of the preemption is also grounds for termination of employment or contract, or removal from office by the governor. Further, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated the preemption. An ordinance, regulation, or rule that violates the preemption is to be ruled invalid and a permanent injunction is to be issued prohibiting its enforcement. A government could be liable for actual damages up to $100,000.00 and for a plaintiffs attorney's fees. There is a limited exception to the state's preemption included in the statute applicable to local zoning ordinances that encompass firearms businesses (i.e., relegating them to certain zoning districts); however, the purpose of any such zoning ordinance must not be to regulate firearms or ammunition. Also, there is an exception for law enforcement agencies enacting and enforcing regulations pertaining to firearms, ammunition, or firearms accessories issued to or used by peace officers in the course of their official duties. Thus, any internal policies of the Sheriff's Office related to firearms issued to or used by sworn law enforcement officers do not violate the state's preemption. To ensure the City is in compliance with Florida law, the City Attorney's Office has reviewed the City Code and found that Section 18-3 contains a provision allowing certain regulations of weapons in emergency situations. They have recommended clarifying the Code to define weapons per Florida Statutes to exclude firearms in accordance with the state's preemption on the regulation of firearms and ammunition. City Council approved Ordinance 08-2011 at first reading on September 6, 2011. The Notice of Hearing was published in the Florida Today newspaper on September 8, 2011. The Ordinance is presented for second reading and final adoption. Submitting Department Director: Angela Apperson * Date: 91712011 City Council Meeting Page 2 of 2 Date: 09/20/2011 Item # 16 continued Attachment: Ordinance No. 08-2011, Proof of publication Financial Impact: Attorney's fees for Ordinance preparati cost of advertisements and codification. Reviewed by Finance Director: Andrea Bowers n Date: The City Manager recommends that City Council t e e following action(s): Adopt Ordinance No. 08-2011 at second reading. Approved by City Manager: David L. Greene 01-m Date: I Jp! r City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain ORDINANCE NO. 08-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 18-3 OF THE CITY CODE, RELATING TO REGULATION OF WEAPONS DURING CIVIL EMERGENCIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 790.33, Florida Statutes, expressly preempts the entire field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof; and WHEREAS, section 790.33(2)(a), declares all ordinances and regulations enacted by the City which regulate firearms, ammunition, or components thereof to be null and void; and WHEREAS, section 790.33 was recently amended by the Florida Legislature to, among other things, create penalties for violations of the Legislature's preemption of the field of regulation of firearms and ammunition, which penalties become effective on October 1, 2011, see Laws of Fla. 2011-109 (2011); and WHEREAS, under the amended law, the City and its elected and appointed officials can be held personally liable for enacting or causing to be enforced any local ordinance or administrative rule impinging upon the state's firearms preemption and may be subject to penalties; and WHEREAS, the penalties include the issuance of a permanent injunction prohibiting the City from enforcing an ordinance violating the preemption; civil fines up to $5,000 assessed against elected or appointed officials under whose jurisdiction the violation occurred; and termination of employment or removal from office by the Governor; and WHEREAS, the Cape Canaveral City Code currently contains a provision allowing certain regulation of weapons in emergency circumstances, and the City Council desires to clarify the Code to define weapons per Florida Statutes to exclude firearms in accordance with the state's firearms preemption; and WHEREAS, in order to observe the state's preemption of the field of firearms and City of Cape Canaveral Ordinance No.08-2011 Page 1 of 4 ammunition, and to avoid the imposition of any penalties for the enforcement of these local laws, the City Council desires to amend the City Code as set forth herein; 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, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as Iegislative findings of the City Council of Cape Canaveral. Section 2. Amendment to Chapter 18. The City of Cape Canaveral Code of Ordinances, Chapter 18, Civil Emergencies, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 18. CIVIL EMERGENCIES *** Section 18-3. Emergency powers and measures. Whenever a civil emergency is declared pursuant to section 18-2 of this Code, the council resolution or written instrument of the mayor or city manager shall set forth the nature of the civil emergency, any lawful measures deemed necessaryto preserve and protect the public health, safety, and welfare, and the duration said measures shall remain in effect. Any measure promulgated under this section shall have the force and effect of law. Such measures shall only be effective during the state of civil emergency. Such measures may include, but are not limited to, the following: *** 0) Prohibit or limit the sale, purchase, transfer, distribution, display, possession, or exchange of any weapon as defined in section 790.001 Florida Statutes; except that this provision shall not apply to duly authorized law enforcement officials acting in an official capacity. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior City of Cape Canaveral Ordinance No.08-2011 Page 2 of 4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 20th day of September, 2011. ATTEST: ANGELA APPERSON City Clerk ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No.08-2011 Page 3 of 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. ANTHONY A. GARGANESE City Attorney First Reading: September 7, 2011 Legal Ad Published: Effective Date: September 20, 2011 City of Cape Canaveral Ordinance No.08-2011 Page 4 of 4 To Place Your Ad Call 259-5555 Central/South Brevard or 1-800-856-4237 Toll -Free , ; , FLORIDA TODAY, Tf 60 bb -b8 + r b8=Ci4W Ad#261085,09108l2011 AD!l250956,09108l2012 , CANAVERAL PORT AUTHORITY 'ADfl749687,09/01,49/03/2011 CADy249d89,09l01,09lOBl2011 PUBLIC MEETING NOTICE PUBLIC of ANG NOTICE IN THE CIRCUIT COURT FOR BREVA RD IN THE C1RCUlT COURT FOR g(ZEyp,Rp AD9249783,09l01,09l6/2 NOTICE IS HEREBY GIVEN that the Ca- ofhMelbourne.OFlOrda will convene ih Ci nageral Port Authority will hold a COUNTY, FLORIDA COUNTY, FLORIDA 1N THE C(RCU1T i meeting on September t6, 2011 beginning at 2011,nat 630ypal onMonday, the CounclloCham6er BCASE ANK' OF No. D 4WD ISION AS TRUSTEE FOR CIVIL DIVISION EIGHTEENTHJUDICI 2:00 p.m, for the purpose of determining a for the purpose of hearing all persons inter- THE CERT FICAYORKOLpBSX INCE N0.0520p8Cgp7265$XXXXX}( FOR BREVARD CO final ranking Of Proposals related to pUR estod -in requests by the following apple- ASSET BACKED- CERTIFICATES, SERIES Plaintiff, CIVIL AI RFP-11-8 Cruise Terminal 6 Parking Ga- cants: ELLE BANK' N.q, q5 TRUSTEE FOR THE MLMI TRUST SERIES 205 MLNI, CASE NO. 05-20 rage Design-Build Step 2. The meeting will V-I1-017PANTELIS MARKOGIANNAKfS - 200516, DIVI$I( be held in the Commisslaner5 Meeting 2483 PINEAPPLE AVE. - Plairlm vs WELLSFARGOBANK,I Room of the CPA offices, 445 Challenger Rd, vs. ERICS, SILVERS, et at., Plaintiff, Cape Car averal, Fiarid8, The public Is in- variances are (6) zoning' the f0owing Defendants. VL vited to aTrind. Please Contact Karen Pap- KgYTROT:s-. etal., - RE-NOTICE OF SALE VICTORIA LKEEHN,eI Pas at 321-283-7837, extension 219 for further I. Variance of 10 ff. to allow a f0 it, front Defentlanfs, PURSU Delendant(s). derails. RE-NOTICEOFSALE ANT TO CHAPTER 45 NOTMEOFFOREC APP. B, Art. V, Sec. 2, Tabu 2i{ - PURSUANT TOCHAPTER gS NOTICE IS HEREBY GIVEN pursuant to an 2D ft.requires a NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Fina! Judgment of fore- NOTICE C Judgment pB Mc View Onl'ide Classified Ads Variance setback. Ortleror Summary Final Judgment of for closure dated May 29, 2009 and art Order 2 Variance of 20 fL to allow 15 ff. setback dosuro dated October 3, 2808 and an Order eResorting Sale nter e d i dated Case N O No. 0d August 25, 2011 a Go to WWW.fforidatoday.COm from water from the moan high water Resetting Sale dated August 17,2011, and 520 BCA07265$XXXXXX August17, 1the0Clrcuf BREVARDCountyFor Click ^CLA551FIED5," line. e n t e r e d I n C a s e N o, the EIGHTEENTH Judic APP. 8, Ari V, Sec. 2, Table 2A requires a 052008CA65781XXXXXX of the Circuit - and for Brevard:County,. Florida, wherein TOR)A L. KEEHN; BAI qd#251089,091OB/2pT7 Court the Eighteenth Judicial Circuit in FARGO BANK, NA is fh� X35 ft. setback from the mean high water Court of XX Judicial Circuli in LASALLE BANK, N.A. AS TRUSTEE FOR line. and far Brevard County, Florida, wherein THE MLMI TRUST SERIES 2006 MLNI is CANAVERAL NOTICE. 3. Variance of opaqueness for a front yard BANK OF NEW YORK AS TRUSTEE FOR Plaintiff and ERIC S. SILVERS; y NA; TOWNHOMES ANI PUBLICMEEf1NVEN that fence fi allow a 4 ff. tall, 100% opaque THE CERTIFICATEHOLDERS CWABS, F. ANA SHORES, INC.; at NOTICE o HEREBY GIVEN that the .Ca- fence. INC. ASSET BACKED CERTIFICATES, SE- REGISTRATION SYSTEMS, INC, AS ELECTRONIC and COUNThe ITy biddeerk shall rfffor' cr.-c naveral Part meeting sty will hold a Selection quir D, Ch. 9. Art til, Sec. 9,43 (a) re- RIES 2003 16 is Plaintiff and KAY TROT- NEE FOR MORTGAGE LENDERS NET- NORTH, Sib SOUTH Committee shOrtng for the purpose of re- quires fences within the front yard io be SEK; BARRY TROTSEK SONOMA DIS- WORK USA, IG C. GOVERNME Viewing and shorflt5fn9 Proposals related t0 50% opaque. PUR-RFP-31-10 Custodial Services. The V-11-021STEWART MILLER/344 PATRICK TENANT N0. 1; UNKNOWN.TENANT N0. 100 i; UNKNOWN TENANT W 2; add ALL - 2011 f TRICT ASSOCIATION, INC.; UNKNOWN 10026160300616264; UNKNOWN TENANT DA of 17:00 meeting will begin at 3:00 P.m. on Friday, CIRCLE BREVARD ROOMon' TIT( September 9, at the in the Commissioners Inn R-]r zoning district, the following ING 1NT$RESTS BY, THROUGH, UNDER ESTS WN THROUGH, UNDER OR LOT 6 AJI4 on the 5' 2; and ALL UNKNOWN PARTIES CLAIM- UNKNOWN PARTIES H, UNDER NTER- forth In Said LOCK al u7, TC Meeting Room at the CPq offices, 445 Chal- variance is requested: he following tldgme lenger Rd, Cape Canaveral, Florida. The Variance of 16 ft, to allow a carport setback THIS AOR CTION OR HAVING OR CLAIMINST A NAMED DEFENDANT G STH THIS ACTION, OR HAVING OR CLAIMING BLACK T, TL Selection Committee wtN meet agaimat 11:00 4 It. from front property tine. NAMED DEFENDANT TO VILLAS OF DIANA SH rank an September 14th to determine final TO HAVE ANY R1GHT:,TITLE OR INTER- TO HAVE ANY RIGHT, TITLE OR INTER- ING TO THE PLAT TF APP.. f Art, V, Sec. 2, (0) Table 2A requires EST IN THE PROPERTY HEREIN DE- ranking. The public is Invited to attend bath a 20 f, frons setback. SCRIBED, are Defendants, MITCH NEE- SCT IN Ta a Defendants, MITCH NEE_ CORDED IN PLAT BO NEE- meetings. Please extension 2 Karen Pappas at OAKS 22 AVANTE ®MELBOURNE - 1420 DLEMAN, Cork of the Circuit Court, wilt DLEMAN, Clerk OF the Circuit Court, will A/K/APUBLIC RECORDS 36 BOGART pt tails. 3-7$31, extension 214 for further tle- OAK SL COUNTY, FLORIDA, fails, In a R-P & re zoning district, the follow- Government Center North, Bravard Roam Government Center North, Brevard ROOM Any person claiming an it Soft to the highest and best bidder forcash at sell to the highest and best bidderfor cash of ISLAND, FL 32953 1 Variance Is requested: Variance of 15 ft. fo allow a 5 N. side comer 32780 ut Brevard County, Titusville, a1 11A32780 at Brevard County, Florida, at 11:00 518 South Palm Avenue, Titusville, Floridaa SY8 South Palm Avenue; Titusville, Florida b2 , setback for an accessolow a ft. side plus from the sale, If am L a.m. on he 51h day of October, 2011, the a.m, an the 5th day of October, 2011, the Pendens must file a claim App. B, Art• V, Sec.' (D), Table 2B requires fofiowtng described grape Property owner as of the . a 20 ff. side corner setback. Property as set torn In following described properly as sot forth to - A W.. a browse classifieds Online? said Order or Final Judgment; to-wit. - -said Orderer Final Judgment, la-wit: days offer the sale. _ DMD930,09/6, 09/15/2pli LOT 17, IN BLOCK F, OF SONOMA AT LOT 15, BLOCK "L-, SUNWOOD PARK ,P.O, Bax 25018 www.fldrfdafoday.com/C)aSSifi PLAT PHASE 6, ACCORDING TO THE DED IN SUBDIVISION NO, 2, ACCORDING TO Tampa, Florida 33622-5079 IN THE CIRCUIT COURT FOR PLAT BOOK 50, ATPAGE 50, OF THE INPLATBOOK 12, PAGE 129 OF THE By ) 2 Samir A. Maasaranl BREVARD COUNTY, FLORIDA AD�j7S1093A4/612011 (813) 251-4766 PROBATEDIVJVON PUBLIC -RECORDS OF BREVARD' PUBLIC FILENO.05-2011{P-03L524- NOTICE OF PUBLIC HEARING COUNTY, FLORIDA, _ RECORDS OF BREVARD SamIrA.Maasaranf Diviision: Probate XXXX-XX The City Council of the City of Cape Ca_ ANY PERSON CLAIMING AN INTEREST COUNTY, FLORIDA, FLORIDA BAR 69837 IN RE: ESTATE OF naveral, Florida will hold a Public Hearing IWTHE SURPLUS FROM THE SALE, IF NNTHE.SURPLUERSON SFROM THE SALEEIF SARA H W. LACY a/k/a SARAH WATERS Br the Purpose tof discussing Ordinance No. ANY, OTHER THAN THE PROPERTY "`See Americans with Dis LACY pe Canaveral Library OWNER AS OF THE DATE OF THE LIS OWNER AS OF THE DATE OF �HEL IS NOTICE Meeting Room, 201 Polk Avenue. Cape Ca- PENDENS MUST .FILE A CLAIM WITHIN P In accordance with the Ame Deceased naveral Florida of 7 pJJI„ on Tuesday, sea- 60 DAYS AFTER THE SALE. PENDENS MUST FILE A CLAIM WITHIN abtitties Act, persons with NOTICE TO CREDITORS tember 20, 2011. Tt+� -; a , In-In accordance with the Americans with Dis- abilities �n accordance don AFTER THE h the Americans with pis- Head a special accommotl+ The administration of the estate of SARA W. spectetl in its entirety In the City Clerk's of abilities Act of 1990• Persons needing special abacco Act of with parsons needing shedsro - coordinator g eIn C econdhis o 725 St. Melt _ LACY a/k/a SARA WATERS LACY, de- ffce during business hours (8:30 a.m. to 3:00 accommodation to participate in this gra- accommodation Act of 1 to Persons Participate In this tie 3p of feast five Floor, John days f ceased, whose. date of death was June 9, p.m., Monday-Friday), ceeding should confect the Court this Prs- 2OT1, and whose social security number is ORDINANCE 08-2017 fraflpn not later than fve business days prl- eeedrng should contact the Court days P s- ceeding. Telephone: - (41 or Brevard Is Pending in the Circuit Court AN ORDNANCE OF THE CITY COUIaCIL or to the proceeding at the Brevard Coun- ora Fn }h notlaterthan five business pays ori- 1-800-955-8771 (TDP), or for Brevard County, Florida, Probate Divt- OF THE CITY OF ]y Government: Proceeding at the Brevard Coun- slon, the address Of which is 2825 Judge FLORIDA; AMENDING CANAVERAL, Center. Telephone 321 617 ty Government Center. Telephone 321 617 F100via 07693 arida Relay Servin Fran Jamieson Way, Melbourne, Florida THE CITY AMENDING S TIO 18-3 7279 or 1900 955 9771 via Florida Relay Serv- 7279 or 180D 9558771 via Florida Relay 32940. The names and addresses of the ice' Ice.' - YServ- sonal representative and the per- LATION OA WEAPONS DURING CIVIL DATED at Titusville, Florida, on resentative's attorney are set forthbelow.18P REPEAL OF PROVIDING INCOTHE NSISTENT August HIA T &. DATED at Titusville, Florida, on View Online Classi All creditors of the dSMITH, WATT & pIAZ; P q August 29th' 201 ]. _ Go t0 www,florldatOd sons having claims ordemandsRATION INTO NANCES AND THE CODE; SEVERABPLOI- AftornevsforPlafntiff SMITH,HIATT&DfAZ,P.A. Click^CLg55EFIE decedent's estate on whom a COPY of this TY; AND AN EFFECTIVE pgTE. PO BOX 11438' - Attorneys for Plaintiff notice has been served Fort Lauderdale, FL 333391438 P.O BOX 11438 _ with this court WITHIN THE�LATER OF 3 Pus, ant1cohe hare 286.1 15, Fl;rlda Star- Telephone: (934)5640071 - � Fort Lawderdafe,FL333397438 ,MONTHS AFTER THE DATE OF THE If a Person decides a appeal any licthat Facsimile: (954)5649252. Telephone: (954) 5640572 NEED -A JO FIRST PUBLICATION OF THIS NOTICE OR made by the City Council with respect fo BY. /s! Ralph Confreda - Facsimile: (954) Sb4 4257 -, , Go to.www,flOridaf O 30 DAYS AFTER THE DATE cli OF SERVICE arty mater considered at this'meeting; that Ralph W,:Coniretla . Ra: /s! Ralph Confreda Florida Bar No: 0085794. Ralph W. COnfretla Click On ^JOBS OFA COPY OFTHIS of TIC decEONTHEM. Person will need a record of The proceed- 116-56JarNo - - Florida Bar No. 06115794 Powered By;CareerE pe other creditors of the decedent and other Ings, and for such - Purpose -:that -Person 2183-61250 CAC persons having claims or demands against might need 10-ensurOlhata verbatim record LLJJ tleCedenNs estate must flla theTHSir claims with of the proceedings IAFTER THE s made Which record Looking For Q fl DATE OF THE FIRST PUBL CATION OF includes hich the appeal Isis be and seddThrserioftPoce NEED - A .JOB? _ THIS NOTICE.'does .ARE YOU LOOKING `GO ONLINE T ALL CLAIMS NOT FILED WITHIN THE he int otJucFiontor admconission' ent inthe City forto evidence .Ga to WwW'floridafoday,com - - TIME PERf0T SET FORTH IN SECTION of otherwise inadmfsstb)e or irrelevant evi- Click on yJ0135" FOR A HOME - '"'M Noddatoday 733.702 OF THE FLORIDA PROBATE dente, hor does it authorize challenges i- Powered By CareerBuilder! n .! "; Click on "REAL- ES WILL BE FOREVER BARRED. appeals not otherwise allowed by law, Per- WWW,fiorldatoday,cQm R ES SETFORTHgN ABOVE, THE TIME PERIOD sons with disabilities needing assistance to TWO (2) YEARS OR MORE AFTER ANY CLAIM FILED Should tPacantin acta he o City SClerk's ceo{Fce Looking For A Home? Click on "REAL ESTATE" DECEDENT'S DATE OF DEATH IS Ing. -1221) 48 hours in advance of the meet-' W ONLINE T0: NEED A J1 BARRED. Ing. WANT TO BROWSE CLASSIFIEDS The date of fast publication of this notice is:' ONLINE? Go to Go t6 w',vw.for)daloda5 September 8th, 2031 WWW.foeidafoday.com wWw.floridatoday.eom Click Click on "JOBS" IS /Jamsrsonal P. musenlative f ARE YOU LOOKING Click on "REAL ESTATE" "CLASSIFIEDS" Powered By CareerBi JAMS es P. Huktfl :JAMES P. HUK!LL ARE YOU L NEED_FAST. [ASN?. OOk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09120/2011 Item No. Subject: Approve Ordinance No. 06-2011, related to Pain Management Clinics. Department: Community Development Summary: The City Council instructed Staff to create an Ordinance that addresses its concern about the pattern of illegal drug use and distribution associated with pain management clinics dispensing on-site narcotic drugs. On August 3, 2010 the Brevard County Board of County Commissioners imposed a County -wide moratorium on the issuance of business tax receipts for pain management clinics through its adoption of Ordinance No. 2010-13. The moratorium was extended on February 22, 2011 and again on August 23, 2011. The City previously posted a Notice of Pending Ordinance and proceeded with preparation of an Ordinance regulating Pain Management Clinics. Section Six of the proposed Ordinance expressly indicates that its approval does not constitute the City's opting out of the County -wide moratorium. This Ordinance permits Pain Management Clinics as a Special Exception in the C1 and C2 Zoning districts, with certain distance limitations, and places additional monitoring and reporting requirements on such establishments. Because the Ordinance involves allowable uses in zoning districts, Planning and Zoning Board review and recommendation was required. The Planning and Zoning Board recommended approval at its August 14, 2011 meeting. An advertisement for first reading of the Notice of Zoning Amendment appeared in the Florida Today newspaper on September 6, 2011. Submitting Department Director: Todd Morley\ Date: 09/01/2011 Attachment(s): Ordinance No. 06-2011, Planning and Zoning Board recommendation and Proof of publication dated 09-06-2011 Financial Impact: None Reviewed by Finance Director: Andrea Bowers Date: -W 9 8 i1 The City Manager recommends that City Council talo following action(s): Approve Ordinance No. 06-2011. Approved by City Manager: David L. Greene 0 - Date: 7/g/ 1( City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 06-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES RELATED TO PAIN MANAGEMENT CLINICS; PROVIDING THAT PAIN MANAGEMENT CLINICS MAY BE PERMITTED AS SPECIAL EXCEPTIONS IN THE C-1 AND C-2 ZONING DISTRICTS; AMENDING DEFINITIONS; PROVIDING FOR SUPPLEMENTAL DISTRICT REGULATIONS APPLICABLE TO PAIN MANAGEMENT CLINICS; PROVIDING PAIN MANAGEMENT CLINIC SPECIAL EXCEPTION REVOCATION PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, over the course of the past several months, the City Council has been made aware by local and national news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in South Florida which dispense on-site narcotic drugs; and WHEREAS, many local governments in South Florida have adopted ordinances to regulate these pain management clinics; and WHEREAS, given the adoption of these ordinances and because of the lax enforcement of these clines until recently, published news reports describe a "pipeline" of drugs being trafficked from South Florida pain management clinics north to other areas of Florida and to other states; and WHEREAS, the threat of increased crime associated with these pain management clinics is significant; and WHEREAS, the secondary effects of pain management clinics, including increased traffic, recurring parking problems, large percentages of out-of-state patrons, and increased and disproportionate demands on law enforcement, far outweigh the benefits of such businesses in the City, and could undermine the City's current redevelopment efforts; and WHEREAS, the State of Florida has attempted, in section 458.3265, Florida Statutes, to deter such illegal drug use, distribution, and ancillary activities by the creation of a secure and privacy -protected, statewide electronic system of monitoring prescription drug medication information, and to encourage safer controlled substance prescription decisions and reduce the City of Cape Canaveral Ordinance No. 06-2011 Page 1 of 10 number of prescription drug overdoses, deaths, and related crimes; and WHEREAS, it is the intent of this ordinance not to interfere with legitimate medical clinics or the legal use of controlled substances, and rather to regulate the location of dispensing of narcotic drugs on site at pain management clinics, as defined herein, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City's residents, visitors, and businesses are more vulnerable to criminal activities, despite the provision of law enforcement services; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the Ianguage existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE 1. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to therm in this section, except where the context clearly indicates a different meaning: Chronic nonmalignant 12ain means pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain, or more than 90 days after surgery. City of Cape Canaveral Ordinance No. 06-2011 Page 2 of 10 Medical or dental Clinic means a building where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice of which is licensed in the state. The term does not include a place for the treatment of animals and does not include pain management clinics. Pain management clinic means a publicly or privately owned facility that advertises in an medium for any type of pain -management services,• or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates or carisoprodol for the treatment of chronic nonmalignant vain. Registration with the Florida Department of Health pursuant to sections 458.3265 or 459.0137 Florida Statutes shall be prima facia evidence of operating as a pain management clinic. Expressly exempted from this definition are hospitals, nursing homes ambulatory surgical care centers hospice or intermediate care facilities for the disabled or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows. ARTICLE VII. DISTRICTS �C X DIVISION V. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 11.0-332. Principal uses and structure. In the C-1 low density commercial district, the following uses and structures are permitted: (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. PIW.W.q (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. City of Cape Canaveral Ordinance No. 06-2011 Page 3 of 10 Sec. 110-334. Special exceptions permissible by board of adjustment. � x x ( c) Special exceptions may be permitted for the following: 17 Pain management clinics, subject to the requirements of section 110-489 of this Code. DIVISION VI. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110.352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: (1) General offices, studios, medical and dental clinics, laboratories, data processing and similar uses. DIVISION VIII. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: City of Cape Canaveral Ordinance No. 06-2011 Page 4 of 10 (4) Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses. (8) Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. Sec. 114-383. Special exceptions permissible by the board of adjustment. ( c) Special exceptions may be permitted for the following: 14 Pain management clinics subject to the requirements of section 110-489 of this Code. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-489. Pain management clinic regulations. Pain management clinics may only be permitted by special exception in the C -I and C-2 zoning districts subject to the general conditions forspecial exceptions and subject to the following requirements: (a) Pain management clinics must be registered with the State of Florida as required b Florida law. Proof of registration, application for re 'stration or letter of exemption must be provided with the special exception application. for the pain management clinic. ( Each pain management clinic shall be operated by a medical director who is a Florida -licensed physician, board-certified in pain medicine and who shall be responsible for complying with all requirements related to registration and operation of the clinic. The City of Cape Canaveral Ordinance No. 06-2011 Page 5 of I0 designated physician must have a full active and unencumbered license under Chapter 458 or 459 Florida Statutes and shall practice at the clinic location for which the physician has assumed responsibility. Within ten 10 days after termination or absence of the medical director, the clinic must notify the City of the identity of another medical director for the clinic. ( c)- There shall be no less than one-half'/2 mile distance between each pain management clinic regardless of the municipal boundaries of the City. No pain management clinic shall be permitted to locate within 1,000 feet of an public or private school or daycare facility. (e) Pain management clinics shall only be permitted too erase between the hours of9:00 AM and 7:00 PM Monday through Friday, and 9:00 AM to 5:00 PM on Saturday. (f) There shall be no outdoor seating areasqueues, or customer waiting areas. All activities of the pain management clinic including sales display, re arations and storage, shall be conducted entirel within do enclosed building. fg) Limiting payment for nods or services to cash only is prohibitcd. ( Pain management clinics shall be required to submit to the Brevard County Sheriff s Office a daily sununary containing the following information from the prior business day: The total number of prescriptions written that day; The total number of doses of drugs sold and/or dispensed by the pain management clinic that da(including sam Ies specifying how many doses were sold or dispensed; the person prescribing or dispensing same; and the manner of payment by each person who was dispensed drugs at the clinic that da • and The state of residence of each person to whom drugs were prescribed or dispensed that day. A pain management clinic shall not be pennitted as a home occupation. 0) No pain management clinic shall be wholly or partially owned by, or have an contractual relationship whether as a trincipal, partner, officer, member, managing member, employee, independent contractor, or otherwise with any physician, harmacist or any other person who prescribes drugs and who within five 5 ears prior to the receipt of an application fors ccial exception, i has been suspended, had his or her license revoked or been subject to disciplinary action for prescribing, dispensing, administering, providing, supplying,or selling any controlled substance in violation of any state federal or similar law where such oerson is licensed topractice; ii) has been convicted of pled nolo contendere City of Cape Canaveral Ordinance No. 06-2011 Page 6 of 10 to or violated any plea agreement regarding an arrest for a violation of any state federal or similar law related to drugs or alcoholspecifically including but not limited toprescribing, dispensing, administering, providing, supplying,or selling any controlled substance(iii) has been suspended, had his or her license revoked or been subject to disciplinaLry action by an state federal or other govemmental entity where such person is licensed to practice. -(W) has had any state federal or other govemmental entity where such person is licensed to practice take any action against such crson's license as a result of dependency on drugs or alcohol-, or v has been convicted of pled nolo contendere to or violated any plea a eement regarding an arrest for, any felony or crime involving moral turpitude. No pain management clinic shall be wholly or partially owned by, or have as a principal, artner, officer, member, managing member, or otherwise where the owner is an enti @Lny person who 1 has been convicted of pled nolo contendere to or violated an lea agreement regarding an arrest for a violation of any state federal or similar law related to drugs or alcohol or ii has been convicted of pled nolo contendere to or violated an lea agreement regarding an arrest for any felony or crime involving moral wrpitude. No pain management clinic shall employ any person,as an independent contractor or otherwise who i has been convicted of pled nolo contendere to or violated any plea agreement regarding an arrest for a violation of any state federal or similar law related to drugs or alcohol specifically including but not limited to_prescribing, dispensing, administering, providing, supplying or selling any controlled substance,• or(ii) has been convicted of pled nolo contendere to or violated any plea agreement regarding an arrest for any felony or crime involving moral to itude within the five 5 ears preceding the Application for special exception. Lm The pain management clinic shall at all times be subject to the requirements of all applicable federal state county and local laws and ordinances as theX maybe amended from time to time. (n) Additional qpj2fication information. An applicant seeking a special exception for a pain management clinic shall in addition to the general application information required for special exceptions, provide the following: The pain management clinic's registration number issued by the Florida Department of Health, as required by Florida law. Name of the medical director, as required herein responsible for complying with all requirements related to operation of the pain management clinic and the medical director's Drug Enforcement Agency number. A Iist of all persons associated with the management oroperation of the pain management clinic whether paid or un aid art -time or full-time including all contract labor and independent contractors. This list shall include but not be limited City of Cape Canaveral Ordinance No. 06-2011 Page 7 of 10 to, all owners, operators, employees and volunteers. For persons listed, the following additional information must be provided: Person's title current home address telephone number and date of birth; List of all criminal convictions whether misdemeanor or felony; that are drug related; A copy of a current Florida driver's license or government issued photo identification; and A set of fingerprints. If the property owner is different from the owner of the pain management clinic, the applicant shall provide the name, address, telephone number and a copy of a Florida driver's license or government issued photo identification of the property owner along with the application. An inventory of diagLiostic equipment to be located at the clinic! A natural disaster management plan; A floor plan showing the location and naturc of adequate security measures, including those required by the State of Florida for controlled substances to safeguard all drugs to be dispensed in the course of its business. An affidavit of the medical director, signed under oath, attesting: That their practice is located at the subject pain management clinic; (B) That no employees of the facility have been convicted of a drug- related felony within the five 5 ears recedin the application forspecial exception; LCI That the pain management clinic will not knowingly employ any such convicted felons thereafter: and That the medical director shall be required to inform the City within ten 10 days should the medical director be terminated or otherwise leave the affiliation of the pain management clinic as medical director. The medical director shall be required to keep all application information updated with the City at all times even after issuance of a special exception, and said information shall be City of Cape Canaveral Ordinance No. 06-2011 Page 8 of 10 verified annually by the City in conjunction with the City' s local business tax receipt renewal process. The medical director shall notify the City of any change to the information within ten 10 days of an new person becoming associated with the pain management clinic or an other change to the application information required herein. Failure to properly maintain u dated information with the City shall be grounds for revocation of the pain management clinic special exception. fpj Any special exception granted for a pain management clinic may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent_ substantial evidence that either: M The pain management clinic has obtained the special exception upon false_ statements fraud deceit misleading statements or suppression of material facts; Q The pain management clinic has committed substantial violations of the terms and conditions on which the special exception was granted; ( The pain management clinic no longer meets the requirements of this section_ or other applicable law; or The medical director or any other employee of the pain management clinic knowingly allowed illegal activities to be conducted on the premises. Prior to any special exception being revoked, the pain management clinic shall be provided with minimum due process including notice of the grounds for revocation and hearinjZ date an opportunity to be heard the right to present evidence and the right to cross-examine adverse witnesses. Secs. 9, 110-490. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 06-2011 Page 9 of 10 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Brevard County Pain Management Clinic Countywide Moratorium. Nothing herein shall be construed as the City of Cape Canaveral opting out of the countywide moratorium imposed on August 3, 2010 by the Brevard County Board of County Commissioners ("BCC") on the issuance of business tax receipts for pain management clinics pursuant to Ordinance 2010-13, as extended by the BCC on February 22, 2011, August 23, 2011, and as may be further extended by the BCC subsequent to the effective date of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011. ATTEST: Rocky Randels, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh First Legal Ad published: .First Reading: Second Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2011 Page 10 of 10 City of Cape Canaveral Community Development Department , 2011 To: Barry Brown, Planning & Development Director Todd Morley, Building Official From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Re: Proposed Ordinance No. 06- 2011, Land Development Code Text Amendment to Chapter 110, Article VII, Districts; and Chapter 110, Article IX, Supplementary District Regulations regarding Regulating of Pain Management Clinics ------------------------------------------------------------------------------------------------------------- On August 24, 2019, the Planning and Zoning Board considered the above referenced proposed ordinance. Following discussion and review of the proposed ordinance, by a unanimous vote, the Board recommended that. the City Council approve the proposed ordinance with the following condition: On page 7, 0) (ii), remove the wording "where such person is licensed to practice". 7510 N. Atlanric Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 568-1222 - Planning &- Development (321) 568-1206 - Pax & Inspection: (321) 868-1247 www.ciryofcapecanaveral.org - email: ccapecanaveralM.m.com Mailed to: A daily publication by: City of Cape Canaveral Attn: Mia Goforth 105 Polk Ave - r Cape Canaveral, FL 32920 .� STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared KATHY CICALA, who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE Ad # ( 417453 J $ 646.40 the matter of: Acct. #( CIT120 ) CITY OF CAPE CANANVERAL the Court NOTICE OF ZONING AMENDMENT , ORDINANCE NO. 06-2011 as published in the FLORIDA TODAY in the issue(s) of: September 6, 2011 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. ( J n 'ey Sworn to and subscribed before this: .���y4ss MARY GRIFFIN o� e� NOTARY PUBLIC: t3;GTATEOF;=(.C'RlD_ i Comm# C'009 33769 Enires 1 Oh 19120 ,:" Personally Known X or Produced Identification Type Identification Produced: L(Frilf np(a of Affiant) 6th day of Seetenjber, 2011 (Sign a of ry Public) Mary Griffin (Name of Notary Typed, Printed or Stamped) NOTICE OF ZONING AMENDMENT Notice is Hereby Given. that the City of Cape Canaveral CityCouncil will consider.an amendment to the code of ordinances to define and.regulate pain management clinics and allow for pain management clinics in the C-1 Low Density Commercial and C-2 Commercial/Manufacturing Zoning Districts .in the' City of Cape Canaveral. A Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, September 20, 2011, at 7:00 P.M. in the Cape Canaveral Library, 201 Polk Avenue, .Cape Canaveral, Florida. The City of Cape Canaveral proposes to adopt the following ordinance,: ORDINANCE NO. 06-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, _OF OF THE CODE OF ORDINANCES RELATEW'-TO PAIN MANAGEMENT CLINICS; PROVIDING THAT PAIN MANAGEMENT CLINICS MAY' BE PERMITTED AS SPECIAL EXCEPTIONS IN THE C-1 AND C-2 ZONING DISTRICTS; PROVIDING FOR SUPPLEMENTAL DISTRICT REGULATI60 APPLICABLE TO PAIN MANAGEMENT CLINICS; PROVIDING PAIN MANAGEMENT CLINIC SPECIAL EXCEPTION REVOCATION PROCEDURES; PROVIDING FOR THE REPEAL OF ' PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety -in the City Clerk's Office at 105 Polk Avenue; Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 'P.M. pursuant to Section 286.1015, 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 might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission info evidence of otherwise inadmissible or. irrelevant evidence, nor does it authorize challenges • or appeals not otherwise allowed by law. Pdrsohs 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. Angie Apperson, City Clerk FT�M04;;1W Subject: Ordinance No. 09-20:11, amending the City Code regarding consideration of matters before the City Council in furtherance of ensuring efficient, effective and decorous, meetings; establishing a Code of Conduct for City Council Members; providing for the repeal of prior inconsistent Ordinances and Resolutions;, incorporation into the Codeabili:ty; and an effective date. Department: Administration ......... ... .. Summary: The City Council's Ruiles of Procedure are est�ablis,hed in the Code of Ordinances, Sections 2-56 through 2-70. These procedures have been amended over the years and most recently by Oirdlinance 01-2011 which incorporated changes required by the new Charter and' accommodated one monthly meeting. None of these sectiN ns address, the Consent Agenda policy. This was done through an informal policy aclopted on November 21, 2000, amended on February 20, 2001 and October 16, 2001. At the April 19, 2011 Council Meeting, it was requested this informal policy be amended to remove the requirement for the items to be read. Since this is an informal policy, it seemed to be a request that could easily be accomplished. Unfortunately, the Rules, of Procedure, specifically Section 2-66(b)i, requires all items of business be announced by the Presiding Officer. An Ordinance amendment is needed to accomplish the requested change. At the May 17, 2011 meeting Council considered amendments to Section 2-66, whiiii included minor cl'arifications/additions; incorporated the informal Consent Agenda Ni into the Code, provided for voting conflicts, quasi-judicial hearing procedures, and Code of Conduct. The City Attorney"s Office has drafted the proposed Ordinance. T Code of Conduct will reside in Section 2-28 and is suball'y the same as tho considered in May, with some additional clarification and wordsmithing. The amend rules were more significantly revised and expanded from those previously considere They include: clarification; wordsmithing; rewording of the voting conflict section ane quasi-judicial hearing procedures; add'i'tion of language to cover the need for a verbati record for an appeal; the enforcement of this section and changes to, Sec. 2-68 Gener r Discussion to clarify the rules of procedure related' to the "Audience to be Hea section of the agenda. Submitting Department Director: Angela M. Apperson Date: 8/291/2011 Attachment(s): #1 — Council Rules of Procedure as amended by Ordinance 01-2011. #2 — Suggested amendments to Section 2-66 — Consideration of matters, before Council. #3 — Ordinance No. 019-2011 Financial Impact: Attorney's fees for Ordinance preparatio�7st of advertisement and codification, all can be paid for within the existing budget. 11 Reviewed by Finance Director, Andrea Bowers City Council Meeting Date: 09/20/2011 Item # 125 continued Page 2 of 2 The City Manager recommends that City Council take the following action(s): Adopt Ordinance No. 09-2011. Approved by City Manager: David L. Greene D -V-� Date: q l F t City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Council Rules of Procedure as amended b Ordinance 01-2011 ARTICLE II CITY COUNCIL DIVISION 3. - MEETINGS Sec. 2-56. - Regular meetings. The city council shall hold regular meetings on the third Tuesday of each month at 7:00 p.m. The city council may, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held. Regular meetings may be otherwise postponed, canceled or rescheduled by consensus of the city council. All regular meetings shall be held in the place as designated by a majority of the council in open session. (Ord. 01-2011, 4/19/2011) Sec. 2-57. - Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article 11, section 2.11. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at city hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the place as designated by a majority of the council in open session and shall be open to the public and the press. (Ord. 01-2011, 4/19/2011) Sec. 2-58. - Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business. Workshop meetings shall be held in the place so designated by council to be the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members. (Ord. 01-2011, 4/19/2011) Sec. 2-59. - Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall have a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. (Ord. 01-2011, 411912011) Council Rules of Procedure as amended b Ordinance 01-2011 Sec. 2-60. - Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk, city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two weeks prior to the council meeting. Agenda packets shall be distributed to council members the Tuesday one week prior to the council meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place at city hall and on the city website the Tuesday one week preceding the meeting. (Ord. 01-2011, 411912011) Sec. 2-61. - Parliamentary procedure. Except as may be provided in the Charter or in this division, questions of order, the methods of organization and the conduct of business of the council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. Sec. 2-62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. A majority vote of the members present small govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. (Ord. 01-2011, 4119/2011) Sec. 2-63. - Sergeant at arms. The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. Sec. 2-64. - Call to order; quorum; roll call. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before proceeding with the business of the council, the city clerk or designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. (c) if a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically adjourned. 2 Council Rules of Procedure as amended b Ordinance 01-2011 (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council. Sec. 2-65. - Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference. The city clerk shall have available a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. ( Ord. 01-2091, 4/19/2011) Sec. 2-66. - Consideration of matters before council. (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn, to recess, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. (d) The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission shall be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council. (g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked councilmembers except through the presiding officer. (h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i) The counciimember moving the adoption of an ordinance or resolution shall have the privilege of closing debate. Council Rules of Procedure as amended b Ordinance 01-2011 Sec. 2-67. - Adoption of motion. Upon cessation of discussion or if called, the motion before the city council shall be restated by the presiding officer. Each councilmember shall be called in alphabetical order according to last name and shall verbally state "for" or "against" the motion. The city clerk shall record the vote of each councilmember both in the minutes and upon the resolution or ordinance. The presiding officer shall declare the status of the motion after a vote has been taken. Sec. 2-68. - General discussion. Every regular meeting of the city council shall include a period of time limited to oneug arter hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2-66(g) and (h) shall apply. (Ord. 01-2011, 411912011) Sec. 2-69. - Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by super -majority vote of the city council present at the time of adjournment required by this section. Sec. 2-70. - Eminent domain powers. Notwithstanding the United States Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), and any other authority under Florida law, the city council shall not exercise the power of eminent domain solely for economic development purposes. Any exercise of such power shall be declared void ab initio. Secs. 2-71-2-90. - Reserved. 4 ARTICLE 11 CITY COUNCIL DIVISION 3. - MEETINGS (a) The city council shall not take action upon any matter which is not l�isted upon the official agenda, unless a majority of the councilmiemiibers present have first consented to the presentation of the matter for consideration and action. In the spirit of the Sunshine Law, the city council shall be sensve to allow advanced notice and therefore, participation of the public on controversial issues. (b) All items of business shall be considered in accordance with the agenda. and announced by th& F-re��er. Any motion shall then be appropriate. Where discussion is not anticipated on an item, the city manager may add it to the consent agenda, where all items are approved en masse by one motion and vote. Before any motion is made, on the consent agenda, the presiding officer shall ask if any member of the city council wishes to remove anV item from the consent agenda. Should any councilmember ask for an item to be removed, the item will be removed and considered separately. Discussion will only be allowed on items removed from the consent agenda, Items removed will be heard immediatel following the vote to approve the remaining co sent agenclal-items. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn, to recess, to lay on the table, to postpone or to amend, until the question is decided, These motions shall have, preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Finall action uipon a pending motion may be deferred until the next regiular meeting by a majority of the members present, (d) The presiding officer may move, second and debate from, the chair, subject only tYl such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmiem;ber because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous languagei. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. 1 Any citizen present at the meeting may orally peon the presiding officer to address the council, Permission shall be granted only after a showing that the subject matter is, relevant to the business under consideration and is significantly informative to the counicil. (g) Each person addressing the council! shal:l stand, shall give hiis or her name and' address in an audible tone for the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes, No person: other than couincilmembers and the person having the floor shall! be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer, No question shall be asked of councilmembers except through the presiding officer, Comments may or may not receive a response from councilmembers. h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the pres:iding officer, unless permission to continue or again address the council is granted by the majority of the council. No placards, signs, noni-city handouts or the circuilatioIn of petitions will be allowed in the council chambers, I i) The councilmember moving the adoption of an ordinance or resolution shall! have the privilege of closing debate, M 0 1 . The presidng officer shall announce the case. 2. Disclosure of ex parte communication, Section 286.01115, FS is here adopted in its ent��t for the purposes of removing the presumption preiudice from •. 'r communications with counciimembers and for th purpose of adopting the procedures set forth in Sections 286.0115(3) an 286.0115(4). S u a 1 is m nd 1 5 h t f 3 e io 0 re n r ath n 3. A copV of the originalnotice, of publication shall be placed on the record. 4. The citV council' shall determiine those persons, with the ri to s eak _qht present evidence. 5. Those r)ersons who have been determined to have the right to s ea k wi be sworn. 6. Staff shall present its case. 7. Applicant shall present its case. 8. Sworn parties to have standing shall present their cases. 9. Applicant shall have an opportunity for rebuttal. 10. The City Attorney shaH read the ordinance by tifle, a motion, shall be ma and seconded, which contains specific,findings of fact and the city coun s,hiall conduct a roll call vote. Such findings of fact shall include the acti taken by the counicil consistent with the Com irehensive Plan and I an* Development Regulations. 1-- —1211, ml- I NMI Iml-me I IIII"I we vi NMI 11111111131_ IM MUMEMEM it 000101 PlIms For. I III M Me 11 "Iffle "Ere 1101W.] Immin in, OMME milm "IN Imaq 1*1 IMMOMIll WIN emu Islip. -WO ire Italms =I g INTOUTAM, 110mrs "Ma I "ll 4 .11 MINMEif-NOR. Irs I I HOMES MIRI millms -0 uIRTIVI I I= w4m I I C.Lorgm I I WLS I low I I-IMIN Irsims III leg lim Suggested amendments to Section 2-66 - Consideration of matters before Council. 8. 1 will devote sufficient time for ade uate preparation prior to City Council meetings and be in attendance insofar as possible, at those meetings and all other scheduled events where mV participation is required. I will prepare myself through study, in ui and thought so as to be informed thoroughly about issues to be discussed in public meetings. 9. 1 will respect diversity and encourage the open expression of diver ent ideas and opinions from fellow City Council City Attorney, staff, citizens of Cape Canaveral and utility customers. I will listen actively and ob'ectivel to others' concerns or constructive criticisms. 10. 1 will refrain from any individual action that could compromise the integrity of the City or my fellow councilmembers. I will delineate clearly for an audience whether I am acting orspeaking as an individual citizen or I am acting orspeaking in my capacity as a representative of the City. 11. 1 will maintain confidentiality of Privileged information and will abide bV the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and applicable City Rules of Procedure in both its spirit and its intent. 12. 1 will promote constructive relations in a positive climate with all Cit employees, consistent with my role as a councilmember, as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners, and others sharing the City of Cape Canaveral's mission. 13. 1 will update and improve my knowledge, contributions and value to the City by keeping abreast of current educational issues and trends through reading,continuinq education and training. I will study policies and issues affecting the City of Cape Canaveral and attend training. programs if required by the City. My continuing goal_ will be to improve my performance as a councilmember. 14. 1 will value and assist my fellow councilmembers bV exchanging ideas concerns and knowledge gleaned from my research or training. I will he) build Dositive community support for the City of Cape Canaveral's mission/vision and the policies established bV the City Council. 15. 1 will take a stand for my beliefs but will remain flexible enough to understand others' views. I recognize that I share in the responsibility for all City decisions and will accept the will of the maiorit . 16. 1 will remember always that my first and reatest concern must be the citizens of Cape Canaveral and the public health safety, and welfare. I will seek to Provide appropriate leadershi that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. 17. 1 will be accountable to the City Council for violations of the Code of Conduct. WHEREAS, the City is granted the authority, under Section 2(b), Article VJ11, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to amend the City Code with respect to the rules and procedures for matters before the City Council at City Council meetings; and WHEREAS, the City Council desires to conduct its business with order and efficiency; and WHEREAS, the City Council has found it necessary to, periodically review its rules and procedures for the most expedient and efficient business practices in the City; and WHEREAS, the City Council has the right to establish rules of procedure for council meetings in order to promote orderly and efficient conduct of such 11-leetings. See, e.g., Rorae v. City qf'Cocoa, 358 F.3d 800 (U.S. I I"' Cir, 2004) ; and WHEREAS, the City Council desires to establish for itself a Code of Conduct to be adhered to in addition to the requirements of Florida law; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section I. Recitals, The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings, and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance a.09-2011 Page] of8 Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE II. CITY COUNCIL DIVISION 1. GENERALLY Sec. 2-28. Iescrvcd. Code of Conduct. In addition to adhering to the requirements of state law, all councilmembers shall commit to the following code of conduct by written affirmation, which shall remain on file with the city clerk, as follows: (a). I affirm that the proper statutory and City Charter role of a councilmember, as with any elected member of a legislative body, is to act collectively,not individual) to set and/or revise and/or to apply the city's governing_ policies and that the city„manager and staff administer such, policies. (b). I understand that a councilmember does not manage the affairs of the city. I will not intrude into daily o erations or spheres of responsibility designated by Florida Statutes, -Ci Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the policy wishes of one individual councilmember. I will represent the interests of the entire city when making decisions and will rely upon available facts and my independent judgment. In My capacity as a councilmember, I will avoid conflicts of interest and avoid using my official position for personal, professional, or partisan ain. I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as a councilmember. I will refrain from intimidation and ridicule of fellow councilmembers city manager, city attorney, staff, citizens of the city,and city utility customers. City of Cape Canaveral Ordinance No. 09-2011 Page 2 of 8 In my capacity as a councilmember, I will refrain from inappropriate language including statements that are malicious threatening,slanderous disparaging,mean-spirited, vulgar or abusive— All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of the city council. (f). I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as I request or receive information examine data or weigh alternatives in the decision-making process. W I will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city council. I will devote adequate time for preparation prior to city council meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where m participation is required. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow city councilmembers, city manager, city attorney, staff, citizens of Cape Canaveral, and city tility customers. I will listen actively and objectively to others' concerns or constructive criticisms. I will refrain from any individual_ action that could compromise lawfully authorized decisions of the city or the integrity of the city and my fellow councilmembers. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or in m capacity as a representative of the city. (k). I will maintain in confidence Ey privileged or confidential information provided to me by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information, unless such disclosure is duly authorized by the city council or cily manager or required by law. In addition I will refrain from -copying amny written privileged or confidential documents provided to me by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city council or city manager, I will return to the city any privileged or confidential documents or materials provided to me by the city while serving on the city council. (1). I will abide by all laws of the State of Florida applicable to M conduct as a councilmember, including but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct. City of Gape Canaveral Ordinance No. 09-2011 Page 3 of 8 (m). I will promote constructive relations in a positive climate with all city employees, city attorney, and city contractors and consultants consistent with my role as a councilmember, as a means to enhance the productivity and morale of the city. I will support the city manager's decision to employ the most qualified persons for staff positions. I will recognize the bona fide achievements of the city manager, staff, city attorney, city contractors and consultants business partners, and others sharing in, and striving to achieve, the city's mission. I will enhance my knowledge and ability to contribute value to the city as a councilmember by keeping abreast of issues and trends that could affect the city through reading, continuing education and training. I will study policies and issues affecting the city, and will attend training programs if required by the city. My continuing goal, will be to improve my performance as a councilmember. I will value and assist my fellow councilmembers by exchanging ideas, concerns, and knowledge through lawful means of communication. I will help build positive community support for the city's mission and the policies established by the city council. (p). I will support and advocate for my beliefs but will remain open to understanding the views of others. I_recognize that I share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city council and city electorate. I understand that my first priority as a councilmember will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. I will seek to provide appropriate leadershi that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. I will be accountable to the city council for violations of this code of conduct. DIVISION 3. MEETINGS x k k Sec. 2-66. - Consideration of matters before council. (a). The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b). All items of business shall be considered in accordance with the agenda and amioune by the presiding o . Any motion shall then be appropriate._ Except as prohibited by law, where discussion is not anticipated on an item, the city manager may add such item to the consent agenda. The city council may approve en masse all or some items on the consent agenda by one motion and vote. Any councilmember may request that an item be removed from the consent agenda. Upon such request, the item will be removed from the consent agenda and City of Cape Canaveral Ordinance No, 09-2011 Page 4 of 8 considered immediately following the vote to approve the remaining consent agenda items unless placed elsewhere on the agenda by council vote. Discussion on consent agenda items will only be permitted on items removed from the consent agenda. ( c). When a motion is presented and seconded, the motion belongs to the city council as a body for consideration and disposition unless withdrawn by unanimous consent of the city council. While the motion is under consideration, it o motion shall be received thereafter until the motion is decided, except as authorized under Robert's Rules of Order including a motion—,=Tpt to adjourn, to recess, to lay on the table, to postpone or to amend, tintil the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred vntil the next regular meeting -by a majority vote of the members present to a date certain or if a date certain is not provided in the motion, until the next regular meeting. (d). The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e). Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f). Any citizen or interested party present at the meeting may orally petition the presiding officer to address the council on issues that are being considered by the city council. Permission sl=ff may be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council, unless the matter under consideration is a public hearing item. In which case, the citizen or interested party shall be heard when the mayor or presiding_ councilmember opens the floor for the public hearing. If such _citizen or interested party is speaking as an authorized representative, such person shall also advise the council of the name of the person, group,business or organ zation being represented (g). Each person addressing the council shall be required to speak from the podium or at such other city desigLiated speaker location stand, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council because the complexity of the relevant issue raised requires additional consideration by the council shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers, the city manager, city attorney, or staff except through the presiding officer. Councilmembers, the city manager, city attorney, and staff are not required to respond directly to persons addressing the council but may respond in the discretion of the council or as required b law. City of Cape Canaveral Ordinance No. 09-2011 Page 5 of 8 (h). Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i). Members of the city council shall have the privilege of closing debate ("call the question") on any pending motion by obtaining a minimum of 213 vote of the city council. (j). Disruptive behavior by members of the audience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices, and causing loud noises is strictly prohibited. - _. _ (k). Councilmembers shall abide by all applicable voting conflict laws. With respect to disclosure of voting conflicts,_councilmembers shall disclose known conflicts in accordance with law,provided, however, said disclosure shall be no later than the time that the council first considers the agenda item in which the voting conflict exists. If the voting conflict is not discovered until the agenda item is under consideration, disclosure shall be required at such time the councilmember becomes aware of the voting conflict. _. (1). It _shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered ata ublic hearing under this section to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. (m). The city council shall afford minimum due process regarding quasi-judicial matters in accordance with law. The city council may establish detailed written procedures for handling quasi-judicial matters to the extent deemed necessary to afford minimum due process. Disclosure of exparte communications by city councilmembers _during quasi-judicial proceedings shall be in accordance with the procedures and requirements set forth in section 286.0115, Florida Statutes, which are hereby adopted in their entirety. (n). The mayor or the presiding councilmember shall enforce the rules adopted under this section. Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the sergeant of arms or designee for the remainder of the city council meeting by order of the mayor,_ the presiding councilmember or a majority of the city council. Notwithstanding, the mayor, the presiding councilmember or a majority of the city council may order the immediate removal of any person from the city council chambers that poses a threat to property or life safety. Sec. 2-68. General Discussion. Every regular meeting of the city council shall include a period of time limited to one- quarter hour for the purpose of a question -and -answer session during which any person from the City of Cape Canaveral Ordinance No. 09-2011 Page 6 of 8 audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The Iimitations and requirements set forth in section 2-66 {gy=d (hr shall apply. In addition the following other requirements shall apply: If it appears that a matter presented by a speaker during general discussion is administrative in nature and the question or matter raised can be adequately answered or addressed by the city manager or administrative staff, the city council may request, upon consensus or proper motion and majority vote that the _Weaker refer the matter to the city, manager or his designee during normal city business hours. If such a referral is made by the ci council the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral the speaker shall have the right to bring the matter in question before the city council during the general discussion portion of any subsequent regular city council meeting. (b). The city council recognizes that the general discussion portion of the meeting is for the purpose of legitimate inquiries and discussion by the ublic and not for the purpose of advancing questions, arguments or repetitious questions concerning matters which the city council believes to be closed privileged and confidential or not of general public concern to the city. Further, it is not appropriate to address quasi-judicial and public hearing items under general discussion. The city council shall have the right during general discussion to decline to hear any person or any subject matter upon consensus or proper motion and majority vote by the city council. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. ,Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 09-2011 Page 7 of 8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011. ROCKY RANDELS, Mayor ATTEST: ANGELA APPERSON, City Clerk For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh First Reading: _ Advertisement: Second Reading: Approved as to form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 09-2011 Page 8 of 8