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HomeMy WebLinkAboutPacket 08-06-2002City of Cape Canaveral )UNCIL REGULAR MEETING CITY HALL ANNEX ,venue Cape Canaveral Florida TUESDAY August 6, 2002 700 PM R E V I S E D AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL BOARD MEMBER INTERVIEW Thomas Garboski Beautification Board PRESENTATION Mrs Katie Malone Project Life Saver CONSENT AGENDA 1 City Council Regular Meeting Minutes of July 16 2002 2 Easement Agreement with Sunrise -Sunset Corporation Parcel #24-37-14-27-0000E 2 OOOA 00 3 Cost Share Agreement with the St Johns Water Management District for the Installation of the International Drive Baffle Box 4 Resolution No 2002-27 Appointing a Regular Member to the Beautification Board (C Flanagan) ORDINANCES First Public Heanng 5 Motion to Adopt Ordinance No 11-2002 Amending Code Section 10 26 and 10 27 By Deleting Sections 10 26 and 10 27 for second reading 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape e mail ccapecanaveral@cfl rr com City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 2 6 Motion to Adopt Ordinance No 12 2002 Submitting The Electors Of The City A Referendum Question Regarding The Modification Of An Ad Valorem Tax For Police Services for second reading 7 Motion to Adopt Ordinance No 13-2002 Amending Code Section 38 Fire Prevention and Protection Code for second reading 8 Motion to Adopt Ordinance No 14 2002 Amending Code Section 98 114(0) Streets Roads And Alleys Generally By Deleting The 500 Foot Length Limitation For Dead End Streets And Cul -De -Sacs for second reading DISCUSSION 9 Manatee Sanctuary Park Parking Plan 10 Support of the Melbourne International Airport 2003 Small Community Air Service Development Pilot Program Grant REPORTS 1 City Manager 2 Staff 3 City Council AUDIENCE TO BE HEARD Comments will be heard on items that do not appear on the agenda of this meeting Citizens will limit their comments to five (5) minutes The City Council will not take any action under the Audience To Be Heard section of the agenda The Council may schedule such items as regular agenda items and act upon them in the future ADJOURNMENT Pursuant to Section 286 0105 Flonda 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 Clerks office (868 1221) 48 hours in advance of the meeting Rev 08/01/02 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL City of Cape Canaveral ►UNCIL REGULAR MEETING CITY HALL ANNEX venue Cape Canaveral Florida TUESDAY August 6 2002 700 PM AGENDA BOARD MEMBER INTERVIEW Thomas Garboski Beautification Board PRESENTATION Mrs Katie Malone Project Life Saver CONSENT AGENDA 1 City Council Regular Meeting Minutes of July 16 2002 2 Easement Agreement with Sunrise Sunset Corporation Parcel #24 37-14 27 0000E 2 OOOA 00 3 Cost Share Agreement with the St Johns Water Management District for the Installation of the International Drive Baffle Box 4 Resolution No 2002 27 Appointing a Regular Member to the Beautification Board (C Flanagan) ORDINANCES First Public Heanng 5 Motion to Adopt Ordinance No 11-2002 Amending Code Section 10 26 and 10 27 By Deleting Sections 10 26 and 10 27 for second reading 6 Motion to Adopt Ordinance No 13-2002 Amending Code Section 38 Fire Prevention and Protection Code for second reading 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape e mail ccapecanaveral@cfl rr com City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 2 7 Motion to Adopt Ordinance No 14-2002 Amending Code Section 98 114(0) Streets, Roads And Alleys General) By Deleting The 500 Foot Length Limitation For Dead End Streets And Cul De Sacs for second reading DISCUSSION 8 Manatee Sanctuary Park Parking Plan 9 Support of the Melbourne International Airport 2003 Small Community Air Service Development Pilot Program Grant REPORTS 1 City Manager 2 Staff 3 City Council AUDIENCE TO BE HEARD Comments will be heard on items that do not appear on the agenda of this meeting Citizens will limit their comments to five (5) minutes The City Council will not take any action under the Audience To Be Heard section of the agenda The Council may schedule such items as regular agenda items and act upon them in the future ADJOURNMENT Pursuant to Section 286 0105 Flonda 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 boardapp City Council I City Hall I Home Page City of Cape Canaveral City Board Application Page 1 of 2 Please Print and Fax to Our Office at (321) 799 3170 Applicant Name a �G. rh o, �, Home Telephone � 3.Z /) '� 4'J - (515'7 Home Address ✓rT �r Business C�o��r P� 4 r �✓ Business Telephone Office Address Brief Description of Education and Experience o2O r u 3 (IC Are you a registered voter9 Yes 1/ No Have you been a resident of the City for 12 months or longer? Yes // No Do you currently hold a public office? Yes JOV"7No Are you presently employed by the City9 Yes No At the present time do you serve on a City Board? Yes No At the present time do any of the following relatives of your serve on the City Council father mother son daughter brother sister uncle aunt first cousin nephew niece husband wife grandparent grandchild father in law mother in law son in law daughter in law brother in law sister in law stepfather stepmother stepson stepdaughter stepbrother stepsister half brother or half sister? Yes No " At the present time do any of the following relatives of yours serve on any other City board commission or special district spouse parent child grandparent or sibling of the whole or half blood9 Yes No http //www eog state fl us/cape/boardapp html 07/17/2002 boardapp Page 2 of 2 Please specify on which City Board you are interested in serving (Indicate Preference 1 st 2nd 3rd etc ) Beautification PSCC— Cod E to ment * Library Board of Adjustment* C mm n App c Planning & Zoning B sines & C It ral D el pm t j Y k Co t ct Bo d of Add tme t & Appeal Recreation *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board andprior to July 15th of each year following the initial appointment while still a member of said Board Please list what you feel are your qualifications to serve as a member on one of the CitN s Boards C ✓C Pt � FA - n W- < 4c -V— d E � 't �CK rt rc Prr A q4", e Would you consider serving on another City Board other than the one(s) you have selected on the front of this form' Yes t /No Applicants Signature Date L) PLEASE NOTE . Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting . Your application will remain effective for one year from the date of completion . If you should have any questions regarding the completion of this application please contact the City Clerk s Office at 868 1221 http //www eog state fl us/cape/boardapp html 07/17/2002 Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Presentation Item See attached No FYI Correspondence AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT PRESENTATION PROJECT LIFE SAVER KATIE MALONE DEPT /DIVISION LEGISLATIVE Requested Action Mrs Katie Malone will make a presentation on Project Life Saver and is seeking support from the City Summary Explanation & Background See attached Exhibits Attached FYI Correspondence City Ma r s Office Department Bennett Boucher From Administrator Sent Monday July 15 2002 9 14 AM To Bennett Boucher Rocky Randels (E mail) Subject FW Care Trak Original Message From Kim Kaun [mailto kimkaun@cfl rr com] Sent Saturday July 13 2002 11 04 AM To Rocky Randells Cc Dexter Rogers Subject Care Trak Rocky Just received a call from Dexter Rogers Cape Canaveral Sheriff s department stating they have the $2500 00 to match the City of Cape Canaveral s offer for the Care Trak program With the two of you combined your citizens would have 20 bracelets at your disposal I would like to contact Jill Blue Gaines so she can get this to the newspaper for all to know how the City of Cape Canaveral is following through with their donation to their citizens but I first want confirmation that Cape Canaveral is still willing to give this money I also want to mention these contributions at our next Central SALT council meeting as well as discuss with Melissa how we can get the news organizations to come to a possible exchange of checks from Cape Canaveral to TRIAD You know how it works Rocky if we show the commitment of Cape Canaveral to Brevard County then other cities should follow Thank you for your continued support in our efforts and I hope to hear from you soon Kim Kaun Chairperson Central SALT Council 1 Bennett Boucher From Kim Kaun [kimkaun@cfl rr com] Sent Tuesday July 23 2002 9 47 AM To Boucher cape@cfl rr com Cc Katie Malone Subject Project Life Saver (Care Trak) Mr Boucher I am confirming that Katie Malone will be speaking at your next council meeting on August 8th about Project Life Saver (Care Trak) Will she be at the beginning of your agenda the middle or the ends Can you also give us an approximate count so we can bring sufficient material for the council) Thank you Kim Kaun Chairperson Central S A L T 1 Care Trak Inc Testimonial Page 1 of 5 Watching the Ones You Love Care Trak Frequently Asked Questions The Most Asked Questions About the Care Trak Mobile Locater and Perimeter System I Hovv doc, the Mobil(- Loc act vv oik' 2 �k li it t, the ti l(-kulz7 i in,L ) Iloii do I lelid ,omconc It 111 -ht' 4 I lo�N do l oil loc.atc. a pci sou tn,tdc the buIIdm(-,, � `) Do I nccd to be computct htcl ltc to use the Mobllc Loc ttct' b 'A h It IS the on -oma cvpcn,c ut m unt tunm& the ,V,tcul 7 Doc, the trtll,mlttct -Lt �No111 on the Nvrl,t of uuklc' 5 why hivc 1 ncvci 1Ic11d of thi, bcfoic 1 9 �k ill Nlcdic. it of Mcduaid p 1-,, lot t1w, 10 111 IN I Sic ul,ui MLC, p ati fol tilt,' I 1 111t 11 �. don t Ill c It Iftct u c [)u\, It' 12 w h-� do pohcc ind ,cai ch & t c,c uc It Iv c tl7c Mobile Lot, ztcr to ,onlc lrc 1,' I 3 C to tivc t ikc the. Mobil(- L oc ttcl tti lth u, ou tttp, of outmk,,' 14 110" lon, doe, It take to �Lt the S}stem' 15 �khit i, the,N it iuty Questions About the Care Trak Invisible Perimeter System 1 I lotv doe, it "otic' 2 HOvv oltcn do 1 u,c the unit' Do 1 h 1� c to uistall the unit' 4 C m I t 11 c the I'cl tnic.tcr Al it Ili on t c lmpin, it ip 1l thcic 1, no cicctt tc 11 cut rout t� ill able 5 Do 1 need to I'uich isc i Mobile I ocatct 1,cp11 Itch 6 \Mill(- did C uc Tl lk come from' 7 k this like the home attc,t pi i,onci monttot iii, ,%,,tLi-u The Most Asked Questions About the Care Trak Mobile Locater and Perimeter System 1 How does the Mobile Locater work9 Your loved one at risk of wandering wears a tiny water resistant transmitter with a tamper resistant band that is normally worn on the wrist like a watch or on the ankle This one ounce transmitter puts out a silent constantly pulsating radio signal 24 hours a day In the event your loved one becomes lost the Mobile Locater receiver tunes in that person s radio signal Using a hand held directional antenna you determine the direction of the strongest radio signal and walk in that direction until you come upon the person The signal gets stronger as you get closer We can also locate transmitters in belts shoes or other places when a wrist application is not possible http //www caretrak com/faq htm 07/30/2002 Care Trak Inc Testimonial Page 2 of 5 B Icl To I op 2 What is the tracking range9 Up to a mile on the ground Radio signals are affected by weather environmental conditions terrain and other factors For example in a mowed farm field the radio signal may extend more than a mile In a densely wooded area the signal might be cut down to a half mile or less B ic,k To I op 3 How do I find someone at night? Two ways The Mobile Locater has a LED meter that shows the signal strength coming from the lost person s transmitter It also has an audible chirp When you point the antenna in the direction of the wandered person the chirp gets louder and the LED signal meter jumps higher on the scale B ick To Top 4 How do you locate a person inside the building? The same as outside Most people automatically start looking outside for a lost person The Mobile Locater will point inside the building if that is where your loved one is You follow the chirp and meter to the person B irk I o 1 op 5 Do I need to be computer literate to use the Mobile Locater? Absolutely not Almost anyone can use the Mobile Locater in minutes We suggest that those who will be using the system practice monthly to become familiar with tracking Tip Be sure more than one person is familiar with the tracking unit in the event you cannot do the locating yourself Back To Top 6 What is the on going expense in maintaining the system9 Each month the transmitter battery must be changed and that means cutting off the tamper resistant band Your expense is a battery and band each month Current battery cost is $6 41 and bands start at $108 each We now have reusable bands available Care Trak can automatically ship you a new battery and band every month if you use a Visa or Mastercard flick to lop 7 Does the transmitter get worn on the wrist or ankle? Either however we prefer to have the transmitter on the wrist for easier tracking We also specialize in custom applications if the wanderer will not wear a wrist or ankle band Contact us for more information B-ic.l To Top http //www caretrak com/faq htm 07/30/2002 Care Trak Inc Testimonial Page 3 of 5 8 Why have I never heard of this before9 Although the technology has been around for many years Care Trak is currently the only company with a license for human use 30 years of tracking endangered species around the world led to Care Trak s development for those who wander or for kids who bolt and run Bicl Io Iop 9 Will Medicare or Medicaid pay for this9 Not yet We have been in contact with both of these agencies Many civic clubs and organizations like the Rotary Kiwams Pilot clubs and others have purchased this equipment for families of special needs kids 13 ick Io lop 10 Will private insurance pay for this9 You will have to ask your insurance company There is definitely a reduction of risk for any insurance company Finding a wanderer quickly reduces the chances of injury exposure to the elements and death Some state agencies have programs that pay for safety and assistive technology for children or adults with special needs Contact your state department of human services We are always available to discuss the benefits of the system with any agency 13 u.k Fo I op 11 What if we don't like it after we buy it9 You have a 14 day trial period If you don t like the system return it in like new condition for a full refund less shipping charges After watching the video we suggest you take time and play Hide and Seek for a day to convince yourself of Care Trak s effectiveness Back To Top 12 Why do police and search & rescue have the Mobile Locater in some areas9 In about 50 counties across the U S police have purchased this unit to save lives and reduce their search costs in locating people A normal search costs about $1500 00 per hour With the Care Trak Mobile Locater AND if a potential wanderer is wearing a Care Trak transmitter they can be located quicker Finding wanderers quickly reduces their chances for injury due to exposure natural and man made hazards The Stokes County Mountain Rescue Team in King NC reduced their search times from over 9 hours to under 30 minutes using the Mobile Locater B icl I o Top 13 Can we take the Mobile Locater with us on trips or outings? Absolutely The Mobile Locater is 100% portable and operates on standard AAA batteries http //www caretrak com/faq him 07/30/2002 Care Trak Inc Testimonial Page 4 of 5 Rick Io lop 14 How long does it take to get the System9 Usually up to 4 weeks Each unit is hand built when ordered and is subject to extensive testing before it leaves the factory E3 1cl 10 1 op 15 What is the warranty' Five Years Parts and Labor This applies to defects in workmanship Misuse abuse and batteries are not covered Click here for more details on Care Trak s warranty 130 Io lop Questions About the Care Trak Invisible Perimeter System 1 How does it work The Sentry Perimeter Alarm establishes an invisible circle around the location where it is set up This circle can be adjusted from about 50 feet to 400 feet A person wearing a Care Trak transmitter is free to roam within this invisible circle If the person attempts to leave the established circle area an alarm will sound alerting the caregiver that the monitored person has left the perimeter area 13 icl ro Top 2 How often do I use the umt9 24 hours a day During the daytime hours the perimeter area can be adjusted larger to give your loved one more freedom to roam around outside let s say 300 At night you can decrease the perimeter area This way if a confused person or child goes outside the perimeter area the alarm will sound quicker allowing you to retrieve the person before he/she gets too far away in the dark 13 Ick To lop 3 Do I have to install the umt9 All you have to do is plug the unit in standard house current There are no buried wires and no installation The perimeter area is established by the antenna attached to the unit 13 icI To I op 4 Can I take the Perimeter Alarm on a camping trip if there is no electrical current available9 Yes The Sentry Perimeter Alarm will work on battery power for about 5 hours The unit may be placed on a picnic table to monitor a loved one We suggest that the unit not be operated this way very often since the unit uses a total of 16 AAA batteries http //www caretrak com/faq htm 07/30/2002 Care Trak Inc Testimonial Page 5 of 5 13 ILk t o f op 5 Do I need to Purchase a Mobile Locater separately9 No The Sentry Perimeter System includes the CTR 16 Mobile Locater The Perimeter and the CTR 16 work together to form the invisible perimeter With the combination of the two units you have the ability to monitor an area AND have the ability to locate the wandered person up to a MILE 13 Ick Vo I op 6 Where did Care Trak come from Our parent company is Wildlife Materials Inc WMI has been building professional research equipment to track and monitor endangered species around the world for over 3 decades If you watch PBS on TV very much you have seen our equipment in use by researchers the government and zoos Recently we were featured on the NBC Nightly News with Tom Brokaw Care Trak applied for and was granted a special license to put transmitters on people by the Federal Communication Commission 13 x.l Co Top 7 Is this like the home arrest prisoner monitoring system9 No The home arrest system has no provision for tracking 13tc,kI()Top Phone 800 842 4537 FAX 618 457 3340 caretrak ,caretrak com Copyright ©1997 Care Trak Inc Site Design by Web 2001 www caretrak com http //www caretrak com/faq htm 07/30/2002 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral, Florida Tuesday July 16 2002 700PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Council Members Present Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present Bennett Boucher City Manager Charles Crawford City Attorney Susan Stills City Clerk PRESENTATION Mayor Randels expressed that since there was no representative from the First Union Bank to receive the award the plaque and certificate for the Summer Beautification Award would be forwarded CONSENT AGENDA City Council Regular Meeting Minutes of June 18, 2002 2 School Resource Officer Agreement with the City of Cocoa Beach No requests were made to remove an item for discussion A motion was made by Mr Morgan and seconded Mayor Pro Tem Petsos to approve Consent Agenda Items No 1 and 2 The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 2 CONSIDERATION 3 Audit Services Agreement with the Firm of Bray Beck & Koetter CPA P A A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve the Audit Services Agreement with the Firm of Bray Beck and Koetter P A The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For RESOLUTIONS 4 Resolution No 2002 22, Addendum #1 to the Agreement for Garbage Collection and Recycling Mayor Randels read the Resolution No 2002 22 by title A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AUTHORIZING ADDENDUM # 1 TO THE AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES WITH WASTE MANAGEMENT d/b/a/ HARRIS SANITATION INC AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Morgan to approve Resolution No 2002 22 Authorizing Addendum #1 to the Agreement for Garbage Collection and Recycling Services with Waste Management d/b/a Harris Sanitation Inc Mayor Pro Tem Petsos asked if Waste Management was competitive in their prices Mr Boucher replied that they have agreed to not include the cost of living increase in their roll off rate Mr Morgan asked why a homeowner or business owner could not contract with whomever they choose Attorney Crawford replied that collection services are paid to the City as part of the franchise agreement There is no mechanism involved that would allow them to go outside of the service for which the City has contracted Mr Morgan inquired on the consequences of obtaining a dumpster from another vendor Mr Treverton expressed that he has not seen any action by Code Enforcement on the use of illegal rollover containers Mr Reid replied that he needed to have evidence to take before the Code Enforcement Board and the containers are removed before evidence could be obtained Mr Gene Petre asked how Waste Management acquired the contract Mayor Randels informed that the City awarded the agreement through the bid process Mayor Pro Tem Petsos commented on the wear to the roads using more than one collection service Mr Leo Nicholas expressed that there was actually no other service in the waste hauling industry However there might be other avenues for the roll off service Mr Morgan requested that the City Attorney review the contract to assess if the City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 3 roll off dumpsters are included in the franchise agreement Mr Boucher replied that if case law exists there would be a need to re negotiate the contract Mr Boucher explained that there is an existing Franchise Agreement as of 1997 This addendum changes the time frame to change the rates from January 1 st to August 1 2002 He explained further that roll off containers and roll off compacter containers are the specific add ins Mr Morgan emphasized that he understood how the City could have an exclusive agreement but not the contractors and businesses The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 5 Resolution No 2002 24 Bakersfield Wave II Adopting the Final Plat of Bakersfield Wave Two John Baker, Applicant Mayor Randels read Resolution No 2002 24 by title A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPROVING THE FINAL PLAT OF BAKERSFIELD WAVE TWO AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Morgan and seconded by Mr Weber to approve Resolution No 2002 24 Approving the Final Plat of Bakersfield Wave Two Mr Reid affirmed to Mr Boucher that the Homeowners Association was aware of the plat The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 6 Resolution No 2002 25 Amending the City Investment Policy Mayor Randels read Resolution No 2002 25 by title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING POLICIES FOR THE CITY FUNDS TO BE INVESTED PROVIDING A CUSTODIAN OF FUNDS PROVIDING FOR THE SELECTION OF INVESTMENTS AUTHORIZING FOR THE TRANSFER OF FUNDS PROVIDING FOR REPORTING OF INVESTMENTS HELD PROVIDING FOR PRORATION OF EARNINGS AND CHANGES IN VALUE PROVIDING FOR THE EXCLUSION OF RETIREMENT PLAN AND PROVIDING AN EFFECTIVE DATE A motion was made by Mr Morgan and seconded by Mr Weber to approve Resolution No 2002 25 Amending the City Investment Policy Ms Bowers summarized that this would address the type of investments in which the City could invest This resolution would also allow the City to use an investment pool Ms Bowers stated that the City could invest with greater flexibility Mayor Randels clarified that Florida Statutes Section 163 states a cities requirements for investing The vote on the motion carried 5 0 as follows Mr Morgan For City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 4 Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 7 Resolution No 2002 26 Establishing a New Schedule of Rates for Garbage and Trash Collection Mayor Randels read Resolution No 2002 26 by title A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLROIDA ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Weber and seconded by Mr Morgan to approve Resolution No 2002 26 Establishing a New Schedule of Rates for Garbage and Trash Collection Mayor Randels explained that the company is allowed a cost of living increase of 2 21 % that is the first increase since 1997 Mr Nicholas asked if there were any provisions to deodorize and disinfect the dumpsters Mr Boucher said that he would notify the company regarding their obligations to perform deodorizing and disinfecting under the agreement The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For ORDINANCE Second Public Hearing 8 Ordinance No 02 2002 Amending the Official Zoning Map as Described in Section 110 246 by Changing the Class of Certain Property from R 2 to C 1 on 5 375 Acres Mayor Randels read Ordinance No 02 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 246 CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R 2 RESIDENTIAL TO C 1 COMMERCIAL ON 5 375 ACRES AS DESCRIBED IN EXHIBIT A PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Morgan to adopt Ordinance No 02 2002 Amending the Official Zoning Map as Described in Section 110 246 Code of Ordinances by Changing the Classification of Certain Property from the Classification of R 2 Residential to C 1 Commercial on 5 375 Acres The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 5 DISCUSSION 9 Brevard County Proposal to Create a Special Water and Sewer District Mr Boucher explained that this is a proposal to establish a countywide water and sewer district within the unincorporated area He stated that Commissioner Higgs is spearheading this Item however the County Commission has tabled further discussion Mayor Pro Tem Petsos stated that this would also have some ramifications on annexations He related that the Space Coast League of Cities has requested that each municipality designate an elected official to represent the cities on this Issue Mayor Randels related that the County did not want a repeat of the Pinellas/Pasco County situation Mr Morgan deferred to the prototype concept Mr Boucher replied that Mr Gardulski is currently working on other projects and has momentarily postponed Implementation of the prototype concept Mayor Randels related information on the intent of the water system and stated that this would put the County in a position of management Mr Treverton inquired bout the St John s Water Management Districts role Mayor Randels explained that the St John s Water Management District presides over several counties Mayor Pro Tem Petsos requested a letter of support as well as a appointing a designee to represent the City on this issue Council agreed by majority for the City Manager to forward a letter of support to the League Reports City Manager • Requested a motion for an add on item to hold a meeting to approve the Tentative Proposed Millage Rate A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve an add on Item The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve the add on Item to schedule a meeting to adopt the Tentative Proposed Millage Rate on Monday, following the July 29th Budget Meeting at 5 00 P M The vote on the motion carried 5 0 as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 6 • Mr Boucher reported that he received a quote for the City entrance sign from Waterfall Creations for $80 to $120 000 Mr Boucher reminded that the Port s contractor is still available to install the original concept at an elevated level Mayor Randels explained that the original concept sign would be landscaped and lighted Mr Nicholas related that the Board had suggested using the City seal and he recommended using a durable material Discussion followed on using coquina rock • Mr Boucher reported that the space shuttle was vandalized beyond repair and said that a replacement is forthcoming 2 Staff Mr Reid Mr Reid informed that a new Code Enforcement Officer has been hired Mayor Pro Tem Petsos recommended establishing a priority list of concerns for the new officer He stated that life safety issues are a high priority Mr Reid reported that construction is booming Mayor Randels asked if any neighboring cities could assist Mayor Pro Tem Petsos suggested educating the contractors on staff s tight schedule Mr Reid also reported on some of the new projects such as Ocean View and Cape Club City Treasurer • No report City Clerk • No report City Attorney • Attorney Crawford expressed his agreement with the Council in making Code Enforcement life safety issues a priority AUDIENCE TO BE HEARD • Mr Nicholas informed that the Beautification Board has been working to acquire holiday decorations Ms Huston received Information from Florida Power and Light that states a banner s regulation size in order to hang from the light pole • Mr Nicholas reported that a member of the Beautification Board has moved out of the City and needs to be removed from the Board Council members recommended sending the former member a letter stating the Board s residency requirement • Mr Gene Petre questioned the City's involvement with the Master Plan on the pedestrian/bicycle path with the County Mayor Randels informed that Mr Gardulski serves with Barbara Myers on that committee and with Ms Myers help he was able to obtain $70 000 for the City s City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 7 sidewalk In the southern part of town Mr Boucher replied that the City s Items are in the master plan Mayor Randels related that Cape Canaveral was ahead of the other municipalities In the master plan visioning Mr Petre also asked if there were any plan for completion of sidewalks on other named streets Mayor Randels Informed that the master sidewalk plan was east west streets for the school and the north south streets Mayor Pro Tem Petsos stated that the school sidewalk project was complete 3 City Council Mr Morgan • Mr Morgan asked if the City has taken any further action on Mr Tim Moriarity s concern with the alleyway on Lincoln Avenue Mr Boucher explained that the homeowners would need to petition the City to vacate the alleyway and share the cost Mr Boucher stated that a survey is needed and that has been tasked to Mr Gardulski and Stottler Stagg & Associates Mr Weber • No report Mr Treverton Mr Treverton requested additional Information from the City Treasurer and the City Manager on the City s investments Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reiterated on setting priorities for the new Code Enforcement Officer • Mayor Pro Tem Petsos requested to contact the Fire Chief regarding a memorial for Barry McCoy, former volunteer fire fighter • Mayor Pro Tem Petsos also requested to draft a resolution to increase the millage for law enforcement and to place a referendum on the ballot Mayor Pro Tem Petsos encouraged Council and the sheriff s office to Inform the citizenry on the necessity of an Increase • Mayor Pro Tem Petsos related that the newspaper omitted publishing crime statistics in the newspaper He said Council should take a proactive stance In Informing the citizens of problem areas in the community • Mayor Pro Tem Petsos deferred to Mr Boucher for information on the HOPE clinic Mr Boucher related that he and Mayor Pro Tem Petsos met with the Cape Canaveral hospital to find an area for a facility at no cost or low cost Mr Morgan suggested working with businesses for a temporary City of Cape Canaveral Florida City Council Regular Meeting July 16 2002 Page 8 facility Mayor Pro Tem Petsos suggested that the hospital contact Commissioner Ketchem at the Port for a location • Mayor Pro Tem Petsos requested a copy of the City Managers response letter to Mr Hans Saurenmann • Mayor Pro Tem Petsos referred to a letter from Senator Howard Futch and asked for additional information on the Community Character Act • Mr Petre commended Mayor Pro Tem Petsos on Chairing the Wednesday/Fnendsday Mayor Randels • Mayor Randels reminded the Council of the City Manager's evaluation • Mayor Randels related that Royal Mansions cooperated with the fireworks prohibition He also related on the new landscaping in front of the resort • Mayor Randels request that the Council allow Bill Hanson of the TRAID group to make a presentation on the Alzheimer s group tracking bracelet • Mayor Randels informed that the Space Coast Area Transit allows children from ages 5 to 18 to ride free with a library card • Mayor Randels reminded that the public grant from the Florida Communities Trust on the Manatee Hammock Park was soon to expire on July 31St • Mayor Randels related that the Chamber of Commerce requested items for the legislative agenda • Mayor Randels informed that he serves on the Elder Ready Committee in Tallahassee and Mr Terry White asked what he could do to help our City Mayor Randels inquired about requesting funds to change the street signs to assist seniors • Mayor Randels inquired about Hurricane Evacuation Plan Identification Cards for the Building Official Mr Boucher informed that the Fire Chief provides identification placards for return into the City after a disaster • Mayor Randels asked about the peacock situation Mr Boucher responded that he is acquiring traps • Mayor Randels reminded about the stormwater run off project on the end of Harbor Drive Rocky Randels MAYOR Susan Stills CITY CLERK Meeting Type Regular Meeting Date August 6 2002 AGENDA Head s Consent Item 2 No The Planning Zoning Board recommended approval at their 7/24/02 meeting AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH CORPORATION DEPT /DIVISION STREETS/ PUBLIC WORKS SUNRISE SUNSET Requested Action City Council considers approval of this easement agreement with Sunrise Sunset Corporation Summary Explanation & Background This is a 20 foot easement for the uses described in the attached agreement It will be utilized for the relocation of the existing overhead utilities and sidewalk needed for the construction of a middle turn lane on North Atlantic Avenue The Planning Zoning Board recommended approval at their 7/24/02 meeting I recommend approval Exhibits Attached 07/26/02 Building Officials memo City er s Ofri � Department STAFF REPORT Date July 26 2002 To Bennett Boucher City Manager Susan Stills City Clerk From Morris Reid CBO Building Official ML Re Sunrise Sunset Corporation Easement Agreement Legal Description 24 37 14 27 0000E 2 OOOA 00 At the Planning & Zoning Board meeting held on July 24 2002 the Board made the recommendation that the City Council adopt the above referenced Easement Agreement Please schedule for an upcoming City Council meeting Thank you MEMORANDUM TO Morris Reid Building Official FROM Ed Gardulski Public Works Director DATE June 28, 2002 SUBJECT Planning and Zoning Board Agenda Item for July 10, 2002 Easement Agreement from Sunrise Sunset Corporation Parcel NO 24-37 14-27 0000E 2 OOOA 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board In compliance to the City of Cape Canaveral s Codes the attached is an easement agreement between the City of Cape Canaveral and Sunrise Sunset Corporation After review and recommendation from the Planning and Zoning Board this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval Recommend the approval the Easement Agreement between the City of Cape Canaveral and Sunrise Sunset Corporation Attachment CC File EASEMENT THIS INDENTURE made this 8h day of May 2002 by and between Sunrise Sunset Corp of the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida 32920 located in Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($100) and other good and valuable considerations receipt of which is hereby acknowledged the Grantor hereby grants sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west right of way line of Atlantic Avenue a County road The purpose of the Easement granted herein is more specifically set forth as follows 1 The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees irrigation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franchisee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water storm water drainage lines or pipes and other utilities such as electric gas and communication Imes and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee and/or public utility designees and franchisees in constructing maintaining repairing replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns to operate and conduct its commercial business on said lands during normal business hours 5 This easement shall be non exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee s public utility designee of franchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drains pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals on the day and year first above written Signed in the presence of STATE OF FLORIDA COUNTY OF BREVARD Grantor ON THIS DAY personally appeared before me the undersigned authority Odn A Q F 144 `/ At s to me well known to be the person(s) described in and who executed the foregoing easement, and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed IN WITNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid this _day of , 2002 NOTARY PUBLIC State of londa at Large My Commission Expires A&&haXjK SLISAN STLLS WW COMMISSION # DD 012391 EXPIRES Mardi 27 2005 >t WrWee me, NOWAY rum ueoewr M Brevard County Map Server Jim Ford, CFA Brevard County Property Appraiser Map Search [H m I &L I t J F dl tF Q] [G 11 f 1 [S O H m ] [E mpt --I LC t t U] [F rm I [App I I [P p rty R h] [M p& D t] U bl P p rtyl [T A tl t I [Wh t N wj LL k] Page 1 of 1 lick Action I Parcel Info -I Distance 0 J View - — Detr a J x st Bat 1 rtA1 i .% R ,t,e [ntr t r: Map C Aerial r r" r r --r- r: r r Change 7 - Locate — -- Parcel ID - Locate ��-� Zoom to Brevard County Go i Printable Version Map - Preview �( -Check below then Update — I Parcels F ZonCnty 4 Fl- ZonClty r GolfCourse F Schools F Libraries P RoadNames F Sections F water Update Help Legen Do Parcel Identifier jAddressMt age Cod4Exemption Cod4Use CoddTax Accou 37 14 27 00000 0 OOOA 001 126GO 1 11000 12429659 http //65 123 231 4/scripts/esrimap dll?name=Brevardl&cmd=map&id=20020730 07/30/2002 EXHIBIT A Easement over a Portion of Lot A, C M Weston's Subdivision The East 20 00 feet of that property known as Tax Assessor's Parcel Number 24-37- 14 27-00000 OOOOA as described in instrument recorded in Official Records Book 4283 Page 1421 lying contiguous to and parallel with the Westerly right of way line of that road right of way known as North Atlantic Avenue North Atlantic Boulevard County Road 401 Jetty Road or Old State Road 401 Meeting Type Regular Meeting Date August 6 2002 AGENDA Head 9 Consent Item 3 No Plan to Install a baffle box on International Drive AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT COST SHARE AGREEMENT WITH THE ST JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider approval of the cost share agreement with the St Johns River Water Management District for the Installation of a storm water baffle box to be located on International Drive Summary Explanation & Background The City applied for the funding of this project last year In support of the Stormwater Water Master Plan to Install a baffle box on International Drive I recommend approval Exhibits Attached Cost share agreement City n er s Department Contract #SF635AA AGREEMENT BETWEEN THE ST JOIU tS RIVER WATER MANAGEMENT DISTRICT AND CITY OF CAPE CANAVERAL FOR CAPE CANAVERAL INTERNATIONAL DRIVE BAFFLE BOX THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD of the ST JOHNS RIVER WATER MANAGEMENT DISTRICT ( DISTRICT ) whose address is Post Office Box 1429 Palatka Florida 32178 1429 and CITY OF CAPE CANAVERAL ( CITY ) whose address is 105 Polk Avenue P O Box 326 Cape Canaveral Florida 32920 WITNESSETH THAT WHEREAS DISTRICT is a special taxing distnct created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373 Fla Stat whose geographical boundaries encompass IRL and WHEREAS DISTRICT has determined that its needs will be best served by entering into a COST SHARE AGREEMENT for services that can be provided by CITY NOW THEREFORE in consideration of the payments here specified and which DISTRICT agrees to make CITY agrees to furnish and deliver all materials to do and perform all work and labor required to be furnished and delivered done and performed for Cape Canaveral International Drive Baffle Box Contract #SF635AA CITY agrees to complete the Work in conformity with the Contract Documents and all attachments as defined herein and on file at the St Johns River Water Management District The Contract Documents consist of the following items including all modifications thereof incorporated in the Documents before their execution AGREEMENT EXHIBIT A Scope of Work EXHIBIT B — Comptroller Contract Payment Requirements Department of Banking and Finance Bureau of Auditing Manual (10/07/97) and all attachments hereto All attachments and Contract documents are part of this AGREEMENT as fully and with the same effect as if they had been set forth at length in the body of this AGREEMENT ARTICLE I SCOPE OF WORK All Work will be performed in accordance with EXHIBIT A SCOPE OF WORK entitled Cape Canaveral International Drive Baffle Box attached hereto and by reference made a part of this AGREEMENT ARTICLE II SCHEDULE OF WORK AND EFFECTIVE DATE A The effective date of this AGREEMENT shall be this day of 2002 B CITY will be required to commence work under the Contract within fifteen (15) calendar days after the effective date of the AGREEMENT to prosecute the Work diligently and Page 1 of 12 Contract #SF635AA to complete the entire Work for use January 31 2004 unless the date is extended by mutual agreement of the parties hereto Time is of the essence ARTICLE III TERM This AGREEMENT shall expire at 12 00 midnight on the sixtieth day after the completion of the Work in accordance with the date established under ARTICLE H above ARTICLE IV LIABILITY AND INSURANCE A Each party to the AGREEMENT is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers employees and agents thereof In addition each party is subject to the provisions of Section 768 28 Fla Stat (1999) B If CITY fails to comply with any of the terms conditions provisions or stipulations of this Contract DISTRICT may avail itself of any or all remedies provided in the Contract and shall have the right and power to proceed in accordance with its provisions C Each party shall also acquire and maintain throughout the term of this AGREEMENT such general liability automobile insurance and workers compensation insurance as required by their current rules and regulations D CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this AGREEMENT does not and will not infringe on any patent rights ARTICLE V RESPONSIBILITIES OF CITY A CITY s Project Manager shall be Bennett Boucher or his designee B CITY shall follow the verbal and written direction of DISTRICT s Project Manager assigned to the work All work authorized may be stopped by DISTRICT s Project Manager at any point which shall not result in loss of payment to CITY for services performed up to the time the Work has ceased in accordance with this Contract If CITY fails to perform under terms of this Contract DISTRICT may elect to have CITY cease work until corrections are made at no additional cost to DISTRICT and with no allowance for extension of time or to terminate if CITY fails or refuses to comply with the terms of this AGREEMENT C CITY certifies it is an independent contractor and not DISTRICT s employee nor are any of CITY s employees performing work under this AGREEMENT DISTRICT employees Page 2 of 12 Contract #SF635AA ARTICLE VI RESPONSIBILITIES OF DISTRICT A DISTRICT s Executive Director designates Robert Day as Project Manager for purposes of directing CITY and maintaining coordination and review of the work The Project Manager shall have sole and complete responsibility to transmit instructions receive information approve invoices interpret and communicate DISTRICT policies and decisions with respect to all matters pertinent to CITY s services The Project Manager and as appropriate other DISTRICT employees shall meet with CITY as necessary to provide decisions for the duration of the Work as well as to review and comment on interim reports No actions outside the Scope of Work shall be initiated by CITY without prior written authorization of the project manager however emergency situations requiring action within less than twenty four (24) hours may be granted verbally by the Project Manager and followed up in writing within seventy two (72) hours B DISTRICT shall be available to CITY to respond to questzonz, regarding the project C As is further specified in this AGREEMENT DISTRICT shall provide timely reviews of any and all invoices and deliverables related to this AGREEMENT submitted by CITY D Upon the satisfactory completion of the Work DISTRICT will provide a written statement to CITY accepting all deliverables ARTICLE VII DELIVERABLES A Deliverables CITY shall deliver all services products and deliverables as stated in the Scope of Work B Reports CITY shall submit monthly reports to DISTRICT s Project Manager in a form approved by the Project Manager In addition to hard copies all written deliverables (reports papers analyses etc) shall be submitted in machine readable form in formats consistent with DISTRICT s standard software products DISTRICT s standard office automation products include the Microsoft® Office Suite (WORD EXCEL ACCESS and POWERPOINT) Other formats may be accepted if mutually agreed upon by DISTRICT s Project Manager and Chief Information Officer ARTICLE VIII COMPENSATION A Amount of Funding For satisfactory performance of the Work outlined in the Contract DISTRICT agrees to pay CITY a sum in the amount not to exceed $36 389 B Invoicing Procedure All invoices shall reference the Contract Number provided on the first page of this AGREEMENT Two (2) copies of each invoice and shall be submitted to Director Division of Financial Management P O Box 1429 Palatka Florida 32178 1429 CITY shall submit itemized monthly invoices in conjunction with monthly reports based upon the actual work performed and shall bill as per the Project Budget included with this AGREEMENT on a cost reimbursable basis Invoices which do not Page 3 of 12 Contract #SF635AA correspond to the Project Budget will be returned to CITY without action Each invoice shall be submitted in detail sufficient for a proper pre audit and post audit review and shall comply with the documentation requirements described in Comptroller Memorandum dated October 7 1997 attached hereto and made a part hereof as EXHIBIT B to this AGREEMENT B Payments DISTRICT shall pay CITY one hundred percent (100%) of each invoice pursuant to Chapter 218 Fla Stat as amended Payments due and unpaid under this AGREEMENT shall bear interest in accordance with section 218 74 Fla Stat as amended C Release CITY agrees that acceptance of the payment shall be considered as a release in full of all claims against DISTRICT or any of its members agents and employees ansing out of or by reason of the Work done and materials furnished under this AGREEMENT Prior to or in conjunction with final payment DISTRICT shall review and determine that CITY has fully and satisfactorily completed the required Work under this AGREEMENT If DISTRICT determines that CITY has complied with the terms and conditions of this AGREEMEN i then acceptance of final payment by CITY shall be considered as a release in full of all claims by DISTRICT against CITY or any of its members agents and employees ansing out of or by any reason of the Work to be done and materials furnished under this AGREEMENT ARTICLE IX OWNERSHIP OF DOCUMENTS A Ownership and copyright to all reports and all accompanying data (in all formats) produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY CITY shall include language in all subcontracts which clearly indicates that Ownership and Copyright to all materials produced pursuant to this AGREEMENT shall remain with DISTRICT and CITY B Any source documents or any other documents or materials developed secured or used in the performance of this contract shall be considered property of DISTRICT and shall be safeguarded by CITY The original documents or materials excluding proprietary materials shall be provided to DISTRICT upon the expiration or termination of the contract as outlined in the scope of work or upon request of DISTRICT ARTICLE X SUBCONTRACTING A CITY shall not sublet assign or transfer any work under this AGREEMENT without the written consent of DISTRICT When applicable and upon receipt of such consent in writing CITY shall cause the names of the firms responsible for such portions of the work to appear on the work B CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days prior to the effective date of the subcontracts for the purpose of approval CITY agrees to Page 4 of 12 Contract #SF635AA provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar days after the effective date of the subcontract C CITY agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract and hold DISTRICT harmless from any liability or damages ansing under or from any subcontract to the extent allowed by law Nothing in this AGREEMENT shall create any contractual relationship between any subcontractor and DISTRICT ARTICLE XI CHANGES IN SERVICE REQUIREMENTS DISTRICT and CITY may at any time by mutual written agreement in the form of an amendment to this AGREEMENT make changes within the general scope of this AGREEMENT in the services or work to be provided Neither party to this AGREEMENT shall unreasonably withhold consent to any written amendment to this AGREEMENT ARTICLE XII INTEREST OF CITY Unless otherwise declared in an addendum CITY certifies that no officer agent or employee of DISTRICT has any material interest (as defined in Chapter 112 Fla Stat as amended) either directly or indirectly in the business of CITY to be conducted here and that no such person shall have any such interest at any time during the term of this AGREEMENT ARTICLE XIII CANCELLATION Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all documents papers letters or other material related to this AGREEMENT and subject to the provisions of Chapter 119 Fla Stat as amended ARTICLE XIV ASSIGNMENT CITY shall not assign the Contract or sublet it as a whole without the written consent of DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder without the previous written consent of DISTRICT ARTICLE XV AUDIT ACCESS TO RECORDS A CITY agrees that DISTRICT or its duly authorized representatives shall until the expiration of three (3) years after expenditure of funds under this AGREEMENT have access to examine any of CITY s books documents papers and records involving transactions related to this AGREEMENT CITY agrees that payment(s) made under this AGREEMENT shall be subject to reduction for amounts charged which are found on the basis of audit examination not to constitute allowable costs B CITY shall refund by check payable to DISTRICT the amount of any reduction of payments All required records shall be maintained until an audit has been completed Page 5 of 12 Contract #SF635AA and all questions ansing from it are resolved or until three (3) years after completion of the Work and submission of a final invoice whichever is sooner CITY will provide proper facilities for access to and inspection of all required records ARTICLE XVI CIVIL RIGHTS Pursuant to Chapter 760 Fla Stat CITY shall not discriminate against any employee or applicant for employment because of race color religion sex or national origin age handicap or marital status ARTICLE XVII CONFLICTING EMPLOYMENT CITY agrees that at the time of execution of this Contract it has no retainer or employment AGREEMENT oral or written with any third party relating to any matters which adversely affect any interest or position of DISTRICT CITY shall not accept during the terms of this Contract any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of DISTRICT Notwithstanding the foregoing paragraph CITY may accept retainers from or be employed by third parties whose interests appear conflicting or inconsistent with those of DISTRICT if after full written disclosure of the facts to DISTRICT DISTRICT determines that the apparent conflict shall not interfere with the performance of the Work by CITY ARTICLE XVIII NON LOBBYING Pursuant to Section 216 347 Fla Stat CITY hereby agrees that monies received from DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any other state agency ARTICLE XIX TERMINATIONS A Termination for Default This AGREEMENT may be terminated in whole or in part in wnting by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terrmnating party provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice delivered by certified mail return receipt requested and (2) an opportunity for consultation with the other party pnor to termination B Termination for Convenience This AGREEMENT may be terminated in whole or in part in writing by either party provided that the other party is given (1) not less than thirty (30) calendar days wntten notice delivered by certified mail return receipt requested of intent to terminate and (2) an opportunity for consultation prior to termination C If termination for CITY s default is effected by DISTRICT an equitable adjustment in the price provided for in this AGREEMENT shall be made but (1) no amount shall be allowed for unperformed services and (2) any payment due to CITY at the time of Page 6 of 12 Contract #SF635AA termination shall be adjusted to cover any additional costs to DISTRICT because of CITY s default If termination for DISTRICT s default is effected by CITY or if termination for convenience is effected by DISTRICT the equitable adjustment shall provide for payment of all services materials and costs including prior commitment incurred by CITY up to the termination date D Upon receipt of a termination action under paragraphs A or B above CITY shall (1) Promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available all data drawings specifications reports estimates summaries and such other information and matenals as may have been accumulated by CITY in performing this AGREEMENT whether completed or in process E Upon termination under Paragraphs A or B above DISTRICT may take over the work or may award another party a contract to complete the work F If after termination for failure of CITY to fulfill contractual obligations it is determined that CITY had not failed to fulfill contractual obligations the termination shall be deemed to have been for the convenience of DISTRICT In such event the adjustment of compensation shall be made as provided to Paragraph C of this section ARTICLE XX GOVERNING LAW This AGREEMENT shall be construed and interpreted according to the laws of the State of Florida ARTICLE XXI CONSTRUCTION OF AGREEMENT This AGREEMENT shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties it being recognized that both parties DISTRICT and CITY have contributed substantially and matenally to the preparation hereof ARTICLE XXII ENTIRE AGREEMENT This AGREEMENT upon execution by CITY and DISTRICT and the contract documents constitute the entire Agreement of the parties The parties are not bound by any stipulations representations agreements or promises oral or otherwise not printed or inserted in this AGREEMENT CITY agrees that no representations have been made by DISTRICT to induce CITY to enter into this AGREEMENT other than as expressly stated by this AGREEMENT This AGREEMENT cannot be changed orally nor by any means other than wntten amendments referencing this AGREEMENT and signed by all parties Page 7 of 12 Contract #SF635AA IN WITNESS WHEREOF the ST JOHNS RIVER WATER MANAGEMENT DISTRICT has caused this contract to be executed in its name by its Executive Director and the CITY OF CAPE CANAVERAL has caused this contract to be executed in its name by its duly authorized representatives and if appropriate has caused its seal to be attached all on the day and year first above written ST JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT :4 Kirby B Green III Executive Director Attest Typed Name and Title Typed Name and Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W Williams Deputy General Counsel St Johns River Water Management District Page 8 of 12 Contract #SF635AA EXHIBIT "A" — SCOPE OF WORK I BACKGROUNDANTRODUCTION This project will install a large baffle box at the end of International Drive in Cape Canaveral It will improve water quality in the Indian River Lagoon/Banana River by capturing untreated stormwater flowing from State Road AlA and International Drive to the Indian River Lagoon/Banana River The project will implement Best Management Practices with the installation of a large baffle box where stormwater currently flows untreated to the River The drainage basin of the project area consists of 195 acres of commercial and residential property that is completely built out The strategy proposed in the City of Cape Canaveral Master Plan for retrofitting this basin is to construct a baffle box along International Drive near the outfall According to the Comprehensive Conservation and Management Plan for the Indian River Lagoon the pollutants of concern for this area are suspended solids and nutrients Using baffle boxes at outfalls has proven to be an effective Best Management Practice for treating suspended sediments II OBJECTIVE Installation of a large baffle box at the end of International Drive will enable the City to begin removing pollutants from some of the stormwater it discharges to the Banana River III SCOPE OF WORK/SERVICES 1 All effort necessary to perform field design surveys for the installation of the baffle box this will include soil bonngs 2 All effort necessary to prepare design drawings and a bid package for the installation of the baffle box 3 All effort necessary to select a qualified contractor to construct the baffle box 4 All effort necessary to have the project construction and inspection conducted by a qualified engineering firm The final product will be the installation of a large baffle box at the end of International Drive that will enable the City to begin removing pollutants from some of the stormwater it discharges to the Banana River It is estimated that it will take 3 4 months for completion of the installation once the cost share agreements are finalized IV PROJECT TASKS Task 1 Survey Protect Site Descnption The City s engineering consultant will prepare a complete survey of the baffle box location Expected Results A complete efficient and cost effective survey Page 9 of 12 Contract #SF635AA Deliverables A complete survey of the project location Task 2 Engineering Design Description The City s engineering consultant will prepare design specification and construction documents for installation of a baffle box with an inlet along International Drive (Post construction surface water monitonng will be conducted over a 1 year plus time frame see Task 7 below ) The baffle box will be installed in existing drainage easements Expected Results A complete efficient and cost effective design with permits Deliverables A complete set of design and construction drawings construction specifications Task 3 and 4 Prepare, Send, Receive, Evaluate and Award Construction Bid Description City personnel will prepare advertise for send receive and evaluate bids for construction of the baffle box project site An award will be made contracts signed and notice to proceed given Expected Results A number of received competitive bids will be evaluated and a responsible low bid that is within budget will be selected Deliverables A construction contract with a Notice to Proceed given to the responsible low bidder Task 5 Construction of Stormwater Facilities Description The City s selected contractor will construct the baffle box and inlet Expected Results Complete and adequately constructed facilities Deliverables The acceptance of the facilities as completed facilities according to design Task 6 Post Grant Protect Administration Description After the grant has been awarded the City shall provide ongoing monitoring of project schedules to assure compliance with timelines outlined in the grant contract Required grant monthly reports to SJRWMD construction contract coordination with SJRWMD Quality Assurance Monitoring plans stormwater monitoring reports and preliminary and final project reports will be written by the city Expected Results Continual monitoring of the grant status will provide a smooth flow of the required work for the various phases of this project as well as compliance with grant contract schedules Compliance with grant schedules will enhance future opportunities for grant acquisition as well as maintaining positive relationships with affected citizens Deliverables Quarterly reports to SJRWMD stormwater monitoring reports and preliminary and final project reports will be written by CEI Task 7 Implementation of Water Quality 1Vlonitoring Program Description At the outfall location background monitoring will be conducted to determine mean event concentrations for standard pollutant parameters After construction is completed 3 samples will be taken with auto samplers at the inflow and outflow points of the baffle box Expected Results This monitoring plan will provide data for measunng the effectiveness of the use of a baffle box Page 10 of 12 Contract #SF635AA Deliverables Bimonthly stormwater reports storm event auto sampler reports and twice a year stormwater analysis reports will be completed Task 8 Implementation of Education Component Description The public education component will include coverage of the project in the local newspaper Florida Today Press releases will be distributed upon project completion Also educational signage will be provided on site Expected Results The public education component will include coverage of the project in Florida Today newspaper Also educational signage will be provided This component will be administered by the City Deliverables Information regarding the status of the project conveyed to the public Photographs will be taken throughout the design and construction phases of the project They will be provided with the final report V PROJECT BUDGET TASKS CITY OF CAPE CANAVERAL SJRWMD TOTAL Task 1— Survey Project Site Task 2 — Engineering Desi $2 000 (cash CC) $11000 (cash CC) $ $3000 $2000 $14000 Tasks 3 & 4 —Bid & Award Construction Contract $2 000 (in kind CC) $ $2000 Task 5 — Construction $31389 (cash CC) $38389 $69778 Task 6 — Project Administration $5 000 (cash CC $5000 $10000 Task 7 — MonitoringProgram $ $10 00 $10 00 Task 8 — Education Component $5 000 (in kind CC $ $5000 TOTAL $56389 $563891 $112 778 VI PROTECT MANkGER Bennett Boucher City Manager or his designee Tel (321) 868 1230 E mail bout hei L Ue @Lfl i7 com Fax (321) 868 1224 Page 11 of 12 Task Completion Task 1 Survey Project Site Task 2 Engineering Design June July 2002 (1 month June Set 2002 (3 months Task 3 & 4 Bid & Award Construction Contract June Dec 2002 (6 months Task 5 Construction Dec Jan 2003 (1 month after awarding bid Task 6 Project Administration Life of project Task 7 Monitoring Program Jan 2003 — Jan 2004 (12 months after construction rf ask 8 Education Component June 2002 —June 2003 (12 months VI PROTECT MANkGER Bennett Boucher City Manager or his designee Tel (321) 868 1230 E mail bout hei L Ue @Lfl i7 com Fax (321) 868 1224 Page 11 of 12 Contract #SF635AA EXHIBIT `B" Comptroller Contract Payment Requirements Department of Banlung and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary travel expenses etc ) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid Check numbers may be provided in lieu of copies of actual checks Each piece of documentation should clearly reflect the dates of service Only expenditures for categories in the approved contract budget should be reimbursed Listed below are examples of types of documentation representing the minimum requirements (1) Salaries A payroll register or similar documentation should be subrrutted The payroll register should show gross salary charges fringe benefits other deductions and net pay If an individual for whom reimbursement is being claimed is pard by the hour a document reflecting the hours worked times the rate of pay will be acceptable (2) Fringe Benefits Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e g insurance premiums paid) If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits then the calculation for the fringe benefits amount must be shown Exception Governmental entities are not required to provide check numbers or copies of checks for fringe benefits (3) Travel Reimbursement for travel must be in accordance with Section 112 061 Florida Statutes which includes submission of the claim on the approved State travel voucher or electronic means (4) Other direct costs Reimbursement will be made based on paid invoices/receipts If nonexpendable property is purchased using State funds the contract should include a provision for the transfer of the property to the State when services are terminated Documentation must be provided to show compliance with Department of Management Services Rule 60A 1017 Florida Administrative Code regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273 02 Florida Statutes for subsequent transfer to the State (�) In house charges Charges which may be of an internal nature (e g postage copies etc ) may be reimbursed on a usage log which shows the units times the rate being charged The rates must be reasonable (6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate then the calculation should be shown Pursuant to 216 346 Florida Statutes a contract between state agencies including any contract involving the State University system or the State Community College system the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs Page 12 of 12 Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Consent Item 4 No Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 27 APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the appointment of Mrs Christine Flanagan as a Regular Member of the Beautification Board Summary Explanation & Background Mrs Flanagan is replacing Mrs Moore who recently resigned from this Board I recommend approval Exhibits Attached Resolution No 2002 27 Cl rger s Offi Department r G RESOLUTION NO 2002 27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPOINTING ONE REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has by Ordinance No 11 68 created a Board known as the Beautification Board of the City of Cape Canaveral Florida and WHEREAS It Is now Incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Christine Flanagan Is hereby appointed as a Regular Member of the Beautification Board of the City of Cape Canaveral Florida with a term to expire on November 1, 2004 SECTION 2 This Resolution shall take effect Immediately upon Its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape nt\catycierk\CityClk\Resolutions\BOARDS\Appointments\Beautification doc Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Ordinance — Summary Explanation & Background 1 ` Public Hearing Item 5 No City er s 0 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 11 2002 DELETING CODE SECTIONS 10 26 AND 10 27 DEPT /DIVISION LEGISLATIVE Requested Action City Council consider at first reading Ordinance No 11 2002 Deleting Code Sections 10 26 and 10 27 Summary Explanation & Background The current codes are no longer valid and this amendment deletes these code sections I recommend approval Exhibits Attached Ordinance No 11 2002 City er s 0 Department ORDINA1ti CE NO // 1.�� ;L AN OR.Dn RACE OF THE CITY OF CAPE CANAVERAL, BREV 4RD COLTNTY FLORIDA, AMENDING CODE SECTION 10 26 and 10 27 BY DELETING SECTIONS 10 26 and 10 27, PROVIDING FOR SEVERABILITY PROIVIDING FOR REPEAL OF CONFLICTING ORDINANCE , AND PROM IDING FOR 4N EI FECTIVE DATE WHEREAS, Cape Cana. eral Code Section 10 26 provides that the Standard amusement Devi. ,e Code 198D Edition. is adopted by reference and shall be controlling law within the junsdiction of the Cit-, of Cape Canaveral WHEREAS Cape Canaveral Code Section 10 27 provides that Sections 108 1 108 2 108 2 1 108 2 2 108 2 3 and 108 3 are adopted as amendments to the Standard Amusement Device Code 1985 Edition WHEREAS Florida Statute Chapter 6 Section 16 242 currently regulates amusements and entertainment and therefore supersedes the Standard Amusement Device Code 1985 Edition THEREFORE BE IT ORDAINED by the City Council of Cape Canaveral Bre,,ard County Florida as follows SECTION 1 Section 10 26 is herebN deleted in its entirety as follows rn►.�.u�caa�����tyu'�:=w�.nr+�.�.�.ryts�s•�naR:�i :n���•aenw'�a.�r►.n Ordnance No Page 2 _t il�7f.11JiE'1i1s�71T+ii�lli/C•li'�i71�47i1�1Ai(•NIr RlS�l•1�J1H • Ri1S►+=►NtiJSI[•llttt[iiRtAlwY•1>IISNNt7f rt9yitt�71 Citt�lC�l rilC•>i�l �p4�i7i�liJOtpt1 -- • -• t .�a •' �• :moi• • t SECTION Z Section 10 27 is hereby deleted in its entirety as follows Ordinance No Page 3 11-MW.wzasp:»:iis�swa����rn�arFr�u��ec rle SECTION 3 Severabtlzts If any section paragraph phrase or NA ord of this Ordinance is h�-Id to be unconstitutional or inti alid such portion shall not affect the remaining portions hei eot and it shall be construed to have been a legislative intent to pass this Ordinance without ;uch unconstitutional or inN alid part Ordinance no Page 4 SECTION 4 Confltctina Provisions An, Ordinance or part of an Ordinance in convict here kith is repeated SECTION z� Etfectiti e Dale This Ordinance shall take efrect immedi tely upon it s adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this da} of 2002 ATTEST Susan Stills CITY CLERK Rocky Randels MAYOR Jim Morgan Buzz Petsos Approved as to Form Rockv Randels Marl. McQuagge CITY ATTORNEY Richard Tie-verton Larry Vv ebLr I- OR AGAINST Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Ordinance — Summary Explanation & Background 1 t Public Hearing Item 6 No Cit er s Offi AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 13 2002 AMENDING CHAPTER 38 ARTICLE II FIRE PREVENTION CODES DEPT /DIVISION FIRE DEPARTMENT/ PUBLIC SAFETY Requested Action City Council consider at first reading Ordinance No 13 2002 Amending Chapter 38 Article II Fire Prevention Codes as recommended by the Fire Chief Summary Explanation & Background The attached memo from the Fire Chief outlines the code changes needed to update this Chapter I recommend approval Exhibits Attached Fire Chief Memo 02/27/02 / Ordinance No 13 2002 / Existing Code Cit er s Offi Department ,-o' Meeting Type Regular Meeting Date August 6 2002 AGENDA H d g Ordinance — Summary Explanation & Background 1 t Public Hearing It m 6 No The existing dedicated police ad valorem tax generates $490 016 in revenue and is not adequate to AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 12 2002 REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES DEPT /DIVISION LEGISLATIVE Requested Action City Council review and comment on this proposed ordinance to ask the voters for an Increase of the existing 1 0 mill of dedicated police ad valorem tax for additional personnel and equipment Summary Explanation & Background The Sheriffs Department recently presented City Council with a request for (4) additional positions and related equipment in the amount of $344 752 The proposed police service contract for the 2002/03 FY is $1 635 628 and includes (1) of the (4) requested positions The existing dedicated police ad valorem tax generates $490 016 in revenue and is not adequate to fund the additional positions requested I would recommend that City Council consider asking the voters for an additional 1 0 mill please advise Exhibits Attached Ordinance #12 2002 City Manager's Office Department ORDINANCE NO 12 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA SUBMITTING THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTIONS, DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTIONS, REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE TO BE ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, as follows SECTION 1 A Police Protection Referendum shall be submitted to the electors of the City of Cape Canaveral Florida at the November 5 2002 Municipal Election SECTION 2 The Police Protection Referendum shall consist of one referendum question stating the public purpose which shall be in the following form Police Protection Referendum Question Shall the City of Cape Canaveral Florida be authorized to increase the ad valorem tax dedicated to Police Protection by an amount not exceeding mill from the present levy of 1 0 mill on all real property located within the City of Cape Canaveral for additional personnel and equipment beginning with the fiscal year commencing October 1 2003 Yes No SECTION 3 The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes SECTION 4 Effective Date This ordinance shall take effect immediately upon its adoption City of Cape Canaveral Florida Ordinance 12 2002 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this _ day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford, CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Ordinances\2002\AD VALOREM police doc W W Q Z a z 0 0 W H Q m W W WC oou)0SO0 d Z W M� 00)i�M .jW ~ z o Z 3a W aWa 0 0 0 0 0 0 Q 146 0 0 0 0 0 0 Z W) O N LO ti O a a V 0 r N > Z 0 W W W O to _LU > 0= m LUU) > W Q J F- Ej 00 r- [ O O�00 N M N �+ v� O `o 0 00 �n c�3 4J � 4> v O o El N kn M O� bl4 ME G� � V •� O V O Poo � y O � -�•, WOO 4� ry.y 4� v .POO Ct O c�3 4� � 4J � BOO � O U ct Ct _Ct A A A A N kn M O� bl4 ME G� � V •� O V O Poo � y O � -�•, WOO 4� ry.y 4� v .POO El O 03 ct O C73 O iWf, b.Q ct N ct N roldl 7� TM, • CA M 4-4 N 4) O N O C!� O� ct O r-, r-, ct r-, 03 w N ct _ 4-4 o a C73CTS o O cn Ct 404 cn CA `'� cn cn ct � U U � ct cern v -404 ct o ctcn a o ct O 4� ct ct ctu A A A A A A M� w U U � d - H O O 0� � A A `O 00 ct ct 0 d' U Co.� !::� O 00 O ct O O � o 0 ct zj _ct A A A ct N O �n _-C� M N M M bfiO � O O bfJ W � � v M� w U U � d - H O � A A `O 00 ct ct M� w A A A A U 00 ct � A A A A A A U ct `O 00 0 d' U Co.� !::� O O ct O O � o 0 ct zj _ct A A A EA C 03U..{ � U ct U 4� 03 Ct ^ 4� M U 4—j 4—A c� to ch 4� qn A A A A M W CAPE CANAVEMI, VOLUNTEER FIRE DEPAKMENT, INC Serving the aty of Casae Canaveral d? Canaveral Port Authority MEMORANDUM To Bennett Boucher City Manager From David J Sargeant Fire Chief Date 27Feb2002 RE Update of Fire Prevention Ordinance As per our conversation we need to clean up sections of our fire prevention ordinance The following needs to be amended 1 Section 38 26 should be titled Florida Fire Prevention Code 2 Section 38 26 should read As adopted by Florida State Statute 633 025 (1) Minimum Fire Safety Standards 3 Section 38 26 should read The most current edition of NFPA 101 Life Safety Code Adopted by the State Fire Marshal per Florida State Statute 633 025 (3) 4 Section 38 30 should be deleted 5 Section 38 33 (3) should be amended to read Non emergency fire department entry shall be provided with a knox switch 6 38 56 should be deleted 7 38 57 should be amended to read as the referendum of 1985 In reference to Article IV Fireworks I believe you Commander McGee the City Attorney and I should sit down and review this together and look at its legality and possible upgrades Should you have any questions please feel free to contact me Thank you for your attention to this matter and your continued support Stenon t 190 )A( KSON AVENUF • ( APE ( ANAVERAI I I ORII)A 32920 • (321) 783 4777 • I AX (321) 783 5396 St iron #2 i 970 ( 01 t JNIBIA IWAI) 9 ( API, ( ANAVr RAI 11010DA 32920 9 (321) 783 4424 • I AX (321) 783 4887 ORDINANCE NO 13 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE PREVENTION CODES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING FLORIDA STATUE 633 025, THE FLORIDA FIRE PREVENTION CODE AND THE LIFE SAFETY CODE, BY REFERENCE, RENAMING THE CODE, REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein WHEREAS, The Florida Legislature has modified Florida Statutes Chapter 633 Fire Prevention and Control WHEREAS Cape Canaveral Code of Ordinances §38 Article II as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE BE IT ORDAINED by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 26 National Fire Prevention Code adopted in its entirety renaming and replacing same with the following Sec 38 26 Florida Fire Prevention Code adopted The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (1) Minimum firesafety standards is adopted by reference as though it were copied in this article in full SECTION 2 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 28 Life Safety Code Adopted, in its entirety and replacing same with the following Ordinance No 13 2002 page 2 Sec 38 28 Life Safety Code Adopted The Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (3) is adopted by reference as though it were copied in this article in full SECTION 3 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Sec 38 30 in its entirety Standard Fire Prevention Code Adopted SECTION 4 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 33 (3) Private entry gates, in its entirety and replacing same with the following Sec 38 33 (3) Private entry gates Private entry gates shall provide for access by non emergency fire department vehicles by use of a knox switch SECTION 5 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 56 in its entirety SECTION 6 Any ordinance or parts of an ordinance in conflict herewith are repealed SECTION 7 If any section paragraph phrase or word of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 8 This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this _____ day of 2002 Ordinance No 13 2002 page 3 ATTEST Rocky Randels MAYOR FOR AGAINST Susan Stills CITY CLERK Approved as to Form Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Charles Crawford CITY ATTORNEY Larry Weber § 38 8 Secs 38-8-38-25 Reserved CAPE CANAVERAL CODE ARTICLE II FIRE PREVENTION CODES* Sec 38 26 National Fire Prevention Code— Adopted The Fire Prevention Code 1991 edition pub fished by the National Fire Protection Associa tion is adopted by reference as though it were copied fully in this article (Code 1981 § 629 01) Cross reference—Building code § 82 31 et seq Sec 38 27 Same—Inspector Whenever the term authority having junsdic tion or official is used m the code adopted in section 38 26 it shall be construed to mean the fire inspector of the city or his authorized repre sentative (Code 1981 § 629 03) Sec 38 28 Life Safety Code—Adopted The Life Safety Code 1994 edition published by the National Fire Protection Association is adopted by reference as though it were copied in this article in full (Code 1981 § 626 01 Ord No 12 94 § 1(626 01) 4594 Ord No 2595 §1 9 19 95) Cross references—Unsafe building abatement code § 82 56 et seq housing code § 82 271 et seq Sec 38 29 Same—Fire inspector Whenever the term authority having junsdic tion or official is used in the code adopted in section 38 28 it shall be construed to mean the fire inspector of the city or its authorized repre sentative as outlined in Florida Statutes (Code 1981 § 626 03 Ord No 12 94 § 2(626 03) 4594) Cross reference—Code enforcement § 2 246 et seq State law references—Mandatory uniform fire safety standards FS §633022 minimum fire safety standards FS § 633 025 Sec 38 30 Standard Fire Prevention Code— Adopted The Standard Fire Prevention Code 1994 edi tion published by the Southern Building Code Congress International Inc is adopted by refer ence as though it were copied in this article in full (Code 1981 § 62101 Ord No 14 92 § 1 8 18 92 Ord No 17 93 § 1(621 01) 6 15 93 Ord No 25 95 § 2 9 19 95) Cross references—Building code § 82 31 et seq electri cal code § 82 116 et seq Sec 38 31 Same—Administrative authority or official Whenever the term administrative authority or official is used in the code adopted in section 38 30 it shall be construed to mean the fire chief of the city or his or her authorized representative (Code 1981 § 62102 Ord No 24 96 § 1 12 3 96) Sec 38 32 Lockboxes required (a) Lockboxes are required on structures that are required to have fire department alarm sys tems and on multi family residences having en closed common areas to which the fire depart ment in an emergency may need to gam access The public safety keybox system shall contain keys for elevator return and door opening eleva for rooms fire alarm box room electrical rooms and any other keys necessary for the fire depart ment to gam access to common areas or through common areas to individual units The keybox system shall not require keys of individual units (b) The keybox system may be surface mounted or flush mounted in an easily accessible location and the fire department shall maintain posses Sion of the only key If locks are changed in any of the rooms mentioned in subsection (a) of this section the fire department shall be notified immediately All keybox systems must be ap proved by the fire chief (Code 1981 § 621 03) Sec 38 33 Private entry gates Private entry gates shall be permitted within the city as long as they meet the following (1) The gates do not interfere with the 20 feet of unobstructed access which is required under the Fire Prevention Code Supp No 4 CD38 6 FIRE PREVENTION AND PROTECTION § 38 55 (2) The private entry gates shall be siren activated for emergency vehicles (3) Private entry gates shall provide for ac cess by public vehicles during nonemergency operations (40 Private entry gates shall provide for emer gency vehicle access during periods of power outages without delay Private en try gates shall open when power fails and remain open until power is restored (Ord No 12 96 § 1 8 6 96) Sec 38 34 Conformance All private gates erected within the city limits shall conform to this chapter Every private entry gate lawfully permitted at the time of the adop tion of tlus chapter which violates or does not conform to this chapter shall be removed or altered or replaced so as to conform with this chapter within one year from the effective date of Ordinance Number 12 96 (Ord No 12 96 § 2 8 6 96) Secs 38 35-38 55 Reserved Supp No 4 CD38 6 1 Meeting Type Regular Meeting Date August 6 2002 AGENDA Heading Ordinance Summary Explanation & Background 1 t Public Hearing Item 7 No Cit s Office —, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 14 2002 AMENDING CODE SECTION 98 114(0) STREETS ROADS & ALLEYS DEPT /DIVISION P & Z / GROWTH MANAGEMENT Requested Action City Council consider at first reading Ordinance No 14 2002 Amending Code Section 98 114(0) Streets Roads and Alleys Summary Explanation & Background This is an item Council Member Morgan had requested The Planning Board Review and the Proposed Ordinance is the Boards recommendation Exhibits Attached Ordinance No 14 2002 / Existing Code Cit s Office —, Department ORDINANCE NO 14 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 98 114(o) Streets, Roads and Alleys Generally BY DELETING THE 500 FOOT LENGTH LIMITATION FOR DEAD END STREETS AND CULS DE SAC PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein WHEREAS The Florida Legislature has modified Florida Statutes Chapter633 Fire Prevention and Control WHEREAS Cape Canaveral Code of Ordinances §98 114(o) as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 98 114(o) Streets. Roads and Alleys Generally is hereby amended follows The City hereby adopts by reference Florida Statute Section 633 025 relating to the construction of streets roads and alleys The City shall enforce the Florida Fire Prevention Code and the Life Safety Code as the minimum firesafety code as required by the above listed statute City of Cape Canaveral Florida Ordinance No 14 2002 Page 2 SECTION 2 Severability If any section paragraph phrase or work of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 Conflicting Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 4 Effective Date This Ordinance shall take effect immediately upon it s adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Ordinances\Ord 98 114(o) Streetalleys2 doc § 98 114 CAPE CANAVERAL CODE proposed uses of the land to be served by such (i) A tangent at least 100 feet long shall be in streets troduced between reverse curves on arterial and collector streets (c) Where such is not shown in the comprehen sive plan the arrangement of streets in subdivi Bions shall either (1) Provide for the continuation or projection of existing principal streets in surrounding areas or (2) Conform to a plan for the neighborhood ap proved or adopted by the planning and zoning board to meet a particular situation where topographical or other conditions make continuance or conformance to ex fisting streets impracticable (d) Minor streets shall be so laid out that their use by through traffic will be discouraged (e) Where a subdivision abuts or contains an existing or proposed arterial street the city may require marginal access streets reverse frontage with screen planting that will reach six feet in height in 12 months contained in a nonaccess res ervation along the real property line 20 feet of additional lot depth with rear service alleys or such other treatment as may be necessary for ad equate protection of residential properties and to afford separation of through and local traffic (f) Where a subdivision borders on or contains a railroad right of way or limited access highway right of way the city may require a street approx imately parallel to and on each side of such right of way at a distance suitable for the appropriate use of the intervening land as for park purposes in residential districts or for commercial or in dustrial purposes in appropriate districts Such distances shall also be determined with due re gard for the requirements of approach grades and future grade separations (g) Reserve strips controlling access to streets Shall be prohibited except where their control is definitely placed in the city under conditions ap proved by the board kh) Street ,dogs with centerline offsets of less than 125 feet shall be avoided 0) When connecting street lines deflect from each other at any one point by more than ten degrees they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 75 feet for minor and collector streets and of such greater radii as the board shall deter mine for special cases (k) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees (1) Property lines at street intersections shall be rounded with a radius of 25 feet or of a greater radius where the board may deem necessary The board may permit comparable cutoffs or chords in place of rounded curves (m) Street right of way widths shall be as shown in the comprehensive plan and where not shown therein shall be not less than as shown on the following tabulation Right of Way Street Type in Feet Arterial 100 Collector 60 Minor for row houses and apartments 60 Minor for other residences 60 Marginal access 50 (n) Half streets shall be prohibited except where essential to the reasonable development of the sub division in conformity with the other require ments of this chapter and where the city finds it will be practicable to require the dedication of the other half when the adjoining property is subdi vided Whenever a half street is adjacent to a tract to be subdivided the other half of the street shall be platted within such tract L Dead end streets and culs de sac designed o permanently shall not be longer than 500 xcept on fingers and shall be provided at osed end with a turnaround having an out oadway diameter of at least 80 feet and a property line diameter of at least 100 feet CD98 22 Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Discussion Item g No Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION MANATEE PARK PARKING PLAN DEPT /DIVISION PARKS & RECREATION Requested Action City Council Review and Comment on the Recreation Boards recommendation to relocate the parking area for Manatee Park Summary Explanation & Background If City Council agrees with the Board s recommendation I will submit the change for the State to approve Exhibits Attached Recreation Directors memo 07/24/02 City M r s Offi Department CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7.300 N 4TL4NTIC AVE %TITE * P O BOX 326 (321) 8681227 E mail address parknrcc( iu net MEMO TO Bennett Boucher, City Man -ager FROM XTanc3 Hanson, Parks & Recreation Director A W DATE July 24, 2002 RE Parking Lot at Manatee 8auctuar3 Park The Cape Canaveral Recreation Advisory Board, at their regularly scheduled meeting on Monday, July 22, by unanimous vote, makes the following recommi nclataon That the pzrlung lot -at M7n-ktee 8-anetu-ary Park be relocated to an are -k to the south and cast of the existing temporary parking arca. This would move the parking further away from the residential housing on Central Boulevard and provide an unobstructed view, when entering the park, of the boardwalk and river I have attached a drawing of the general location that the Board would like to have the parking lot located, keeping in mind that it is not to scale S G h SSOCIATES tom• -- -- -- — i I 1 B R I - i -ham ewe i 1 Fn Meeting Type Regular Meeting Date August 6 2002 AGENDA Head ng Discussion Item g No Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION SUPPORT OF THE MELBOURNE INTERNATIONAL AIRPORT 2003 SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM GRANT DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the Melbourne Airport Authorities request for support of the above mentioned grant Summary Explanation & Background See attached correspondence Please advise Exhibits Attached 07/19/02 Letter Cit er a Department lav Melbourne International Airport _ M Ib A p t A th ty � O A t m I P kw y S t 220 July 19 2002(� Po t Off B 1330 �� M Ib FI d 32902 1330 Honorable Rocky Randels Ph (321)723 6227 t 3 Mayor of Cape Canaveral F (321)723 1194 P O box 326 Cape Canaveral FL 32920 Dear Mayor Randels As you are aware from the July 10 2002 article in Florida Today Daytona Beach was awarded a Small Community Air Service Deveiopment Pilot Program grant in the amount of $743 333 by the Federal Aviation Administration (FAA) The Melbourne Airport Authority did not apply for this particular grant as reported due to a variety of substantive reasons The resultant controversy makes it important to provide the community a more complete explanation Quite simply put it was determined by staff that the Airport was unlikely to qualify for funding under the basic guidelines of the program and specifically there were mayor local commitments that would have to be made even if the Airport were to qualify As noted the grant was a brand new pilot program issued with very little lead time For example according to the U S DOT Order Soliciting Community Proposals the Secretary was directed to give priority to those communities where there is a public private partnership" in place to enhance public access to the national air transportation system and where a significant portion of the local share of the cost of such a program is provided from local non airport revenue sources Melbourne International Airport did not have this specific type of public private partnership in place at that time More importantly there were no budgeted funds committed from local governments industry or chambers of commerce to subsidize additional passenger service and the ability to secure commitment of approximately $165 000 in funds from these sources in less than 60 days was considered unlikely Most importantly the Airport had offered substantial financial incentives (up to $1000 000) to many carvers and none had indicated that additional funding would make new service a reality Airport staff met specifically with Continental Airlines during the application cycle and no mention was made that new service would be provided if a grant similar to Daytona s was secured For Fiscal Year 2003 $27 5 million is earmarked for the Small Community Air Service Development Pilot Program grants The Melbourne Airport Authority intends to submit an application in 2003 to increase air service to our community Therefore we are writing to solicit your participation in the required public private partnerslup effort and secure your commitment for financial support for the local (non airport) share of this grant which we estimate to be approximately $165 000 Daytona Beach received local funding commitments from Volusia County in the amount o $100 000 and $65 000 from the Daytona area s three Convention and Visitors Bureaus Thell Melbourne Airport Authority needs our community to equal or surpass this figure with your Sct t In L, F[oti da s Space & Iteastue Coos ts June 19 2002 Page two L.. assistance Thus we request that your organization budget sufficient funds as a contribution to help us reach this goal in the coming fiscal year Pledges will be called when and if the grant is approved and expenditures made Once your funds are budgeted or otherwise pledged we invite you to appoint one member of your organization to participate in the new Melbourne Airport Community Task Force Please submit your appointment on the enclosed Appointment Form by October 1 2002 The first Community Task Force meeting will be held in November 2002 Lastly we ask that your organization pass a Resolution in support of the Melbourre Airport Authority and its effort to enhance air service and specifically support our 2003 Small Community Air Service Development Pilot Program grant application Please forward to us a copy of yo Resolution at your earliest opportunity Your support is essential in our efforts to enhance air service to this community We at the Melbourne Airport Authority look forward to our future partnership on the Melbourne Airport Community Task Force and your monetary pledge to help make additional air service at Melbourne International Airport a reality If you have any questions please contact me at (321) 723 6227 extension 219 Sincerely JAM S OHNSON A A E ' Executive Director Enclosure JcJ/ph/Lw/1etter719 02 Organization Address City/State/Zip Phone Fax E mail Appointee Name E mail & Phone Amount budgeted or pledged MELBOURNE AIRPORT COMMUNITY TASK FORCE SMALL COMMUNITY AIR SERVICE DEVELOPMENT Please return this form by October 1 2002 to Melbourne Airport Authority Attn Projects/Grants Administrator One Air Terminal Parkway Suite 220 P O Box 1330 Melbourne FL 32902 1330 2001/Projects_1/Capital/Grants/SmallCommunityAirService/Appointment Form/All