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HomeMy WebLinkAboutPacket 09-17-2002.11ty of Cape Canaveral JNCIL REGULAR MEETING 3ITY HALL ANNEX enue, Cape Canaveral, Florida TUESDAY ieptember 17, 2002 70OPM AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Fall Beautification Award Siesta Del Mar CONSENT AGENDA 1 City Council Special Meeting Minutes of September 3 2002 Approving the Florida Recreation Development Assistance Program Grant 2 City Council Special Meeting Minutes of September 3 2002 Adopting the Tentative Millage and Budget 3 City Council Regular Meeting Minutes of September 3 2002 4 Proclamation for Civility Week September 29 — October 6 2002 5 Resolution No 2002 33 Re -Appointing Members to the Planning and Zoning Board 6 Resolution No 2002 34 Re -Appointing Members to the Board of Adjustment 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 September 17 2002 Page 2 7 Easement Agreement with Applied Technology Center Investments Parcel #24 37 23-JI-OOOOE 2-0000 00 8 Resolution No 2002 35 Re -Appointing a Member to the Code Enforcement Board 9 Resolution No 2002 36 Re Appointing three Regular Members Appointing One Regular Member and One First Alternate to the Library Board 10 Resolution No 2002 37 Re -Appointing Members to the Recreation Board CONSIDERATIONS 11 Resolution No 2002 38 Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services 12 Resolution No 2002 39 Authorizing an Addendum to the Agreement for Law Enforcement Services 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 CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2002 515PM MINUTES ROLL CALL Council Members Present Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Council Members Absent Jim Morgan Others Present Bennett Boucher City Manager Anthony Garganese City Attorney Susan Stills City Clerk Nancy Hanson Recreation Director CONSIDERATION Motion to Approve The Florida Recreation Development Assistance Program (FRDAP) Grant Application for "Cape Canaveral Banana River Park" Project Mayor Randels summarized that the application is for $150 000 to develop a soccer field parking lot benches and bike racks at the Banana River Park He said if successfully awarded the City would match $37 500 Ms Hanson stated for clarification that the grant is for $150 000 total in that Florida Recreation Development Assistance Program grant portion is 75 percent and the City would match 25 percent Ms Hanson also clarified that the development grant is for the same components as stated in the P 2000 grant that was awarded to the City to purchase the park property Ms Hanson stated that the main component is the soccer field and the parking lot picnic tables landscaping benches and other amenities are the secondary support Ms Hanson replied to Mr Weber that the County approximates $100 000 for the soccer field that will include sod and irrigation She approximated 30 parking spaces in response to Mr Treverton s question on parking [Mr City of Cape Canaveral Florida City Council Special Meeting September 3 2002 Page 2 Morgan arrived at time — 5 21 P M ] Ms Hanson replied to Mr Weber that the grant is for one -soccer field A motion was made by Mayor Pro Tem Petsos and seconded by Mr Treverton to approve the FRDAP Grant Application for the Cape Canaveral Banana River Park The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For ADJOURNMENT There being no further business the chair adjourned the meeting at 5 25 P M Rocky Randels MAYOR Susan Stills CITY CLERK E 1CrtyClk\MINUTES\SPECIAL\2002\FRDAP Grant f r the Banan River Park do CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3 2002 530PM MINUTES 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 Susan Stills City Clerk Andrea Bowers City Treasurer Dave Sargeant Fire Chief Nancy Hanson Recreation Director FIRST PUBLIC HEARING RESOLUTION Resolution No 2002 31, Adopting the Tentative Mdlage for Fiscal Year 2002/2003 A RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 2002 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA PROVIDING FOR AN EFFECTIVE DATE Mayor Randels read the Resolution in its entirety A motion was made by Mr Morgan and seconded by Mr Weber to adopt Resolution No 2002 31 Mr Treverton reflected that even though the millage was raised to its highest allowable rate not all services were fully covered in the budget Mayor Pro Tem Petsos expressed that he would have preferred an incremental increase for Fire services instead of the full one mill increase implemented at one time Mayor Randels stated that in the previous year prior to the election the Council was aware of the State mandate of two -in and two out for the Fire Department This was an added expense however the City was City of Cape Canaveral Florida City Council Special Meeting Tentative Mdlage and Budget Hearing September 3 2002 Page 2 aware of its implementation Mr Morgan stated that the City is in a situation of a mandate and the police department has been working behind for a long time and they needed help to come up to par Mayor Randels clarified that one mill equals one dollar per $1 000 and the millage would supply $490 000 however the police department contract is for $1 608 000 this year Mayor Randels concluded that the millage is not enough to cover the services Mr Boucher stated that the total Fire Department budget for next year is $1 7 million and the Port Authority pays one half of the Fire protection services Even though taxes are increasing the City is working with the Port attempting to keep the contract rate low Richard Worley of Ocean Woods and Banyon Way expressed that he receives Social Security and his taxes would increase by $84 He expressed his hope that the Port would do more in financial support Mr Worley distributed copies of his tax bill Mayor Randels summarized that Mr Worley s tax increase was due in total to an increase in the County and School Board tax increase Mayor Randels stated that the County s rate is almost $2 20 per thousand for emergency service Although this could have been a consideration the Council decided to increase the millage instead A referendum was passed in 2001 to increase the millage and the Council has been authorized by the community to use the allowable millage amount Mayor Randels deferred to Chief Sargeant for statistics and the increased need for emergency services Mr Worley stated that he voted for the millage however he did not expect the amount to triple in one year Mayor Randels acknowledged the difference on his tax bill and he stated that the property value on the beach side has also increased Mayor Pro Tem Petsos stated for the record that he would never support the City using the County s emergency services Chief Sargeant stated for clarification that only one additional person per shift would be added and expressed the hope that no additional funds would be incurred Chief Sargeant expressed that the ad valorem tax funds almost the entire Fire Department budget He expressed the need to retain the volunteers however his volunteer staff could not afford to live within Cape Canaveral or Cocoa Beach Chief Sargeant explained that his staff could manage a fire outside of the building until additional staff arrives but that is not the optimum manner He said two thirds of the emergency calls are from the City and the County area South of the City and the calls relate to medical matters Chief Sargeant related that although the Port built the training center a simulation ship and a fire facility in the Port area the facilities are used for the City and the Port He related that the City Manager set aside $140 000 for future vehicles such as the City s 24 -year-old vehicle that would soon need replacement City of Cape Canaveral Florida City Council Special Meeting Tentative Mdlage and Budget Hearing September 3 2002 Page 3 Chief Sargeant explained that there are two paid employees at each station and the remaining members are volunteers from the local vicinity that total about 35 in number Mr Treverton clarified that there is beneficial training available as well as a retirement plan as an incentive for volunteer service Chief Sargeant re -stated for clarification that two-thirds of the emergency calls are within the City and about 100 calls per year are in the Avon by -the -Sea area Mayor Randels related that the State volunteer minimum standard is 200 hours before responding to an emergency call Chief Sargeant stated that there are 55 active fire fighters and 35 volunteers with 13 persons per fire He also stated that there are costs incurred for volunteer training such as bunker gear a LOSAP retirement plan and Worker s Compensation Chief Sargeant affirmed for Mr Worley that the Fire Department would handle a cruise ship if it arrived with anthrax Chief Sargeant stated that all equipment since 1994 has been purchased jointly between the Port and the City Mr Al Studt former resident landowner and member of the Fire Department stated that his tax bill increased by 224 percent Mayor Pro Tem Petsos asked if that bill was due to the absence of the homestead exemption to his property in the City and he recommended a review Mayor Randels replied that under the County s Save Our Homes program the property tax rate could only be taxed up to 3 percent A resident corrected stating that the assessed value is what can only increase by 3 percent Mayor Randels corrected that it is the taxable value that could only increase by 3 percent Jane Lovett of Villages of Seaport expressed that her taxes for fire rescue increased from $34 23 to $104 93 She expressed that her taxes are still higher even with the application of the homestead and senior exemptions Mayor Pro Tem Petsos reminded that under the Save Our Homes program her assessed value could not increase by more than 3 percent Mayor Pro Tem Petsos stated that he could not see where the increase in the fire would increase her tax bill by the amount stated Mayor Randels stated that the last referendum was implemented in 1994 Joel Levig of 524 Jefferson Avenue asked if there were a detailed accounting of the City s revenue and expenses Ms Bowers replied that copies of the Proposed Budget are available on the City web site the Clerk s office the Finance office and the Library Mr Levig expressed that he did not have disfavor with the City s millage rate and that total taxes seem to outpace the inflation rate Mr Morgan stated for Mr Worley s clarification that the City has sent letters of support to the Cape Canaveral Hospital on the expansion project City of Cape Canaveral Florida City Council Special Meeting Tentative Mdlage and Budget Hearing September 3 2002 Page 4 The vote on the motion carred as follows Mr Morgan, For, Mayor Pro Tem Petsos, Against, Mayor Randels Against, Mr Treverton, For and Mr Weber, For ORDINANCE 2 Ordinance No 15 2002 Adopting the Tentative Budget for Fiscal Year 2002/2003 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA ADOPTING THE TENTATIVE ANNUAL GENERAL FUND SEWER ENTERPRISE FUND SPECIAL REVENUE FUNDS DEBT SERVICE FUND EXPENDABLE TRUST FUNDS AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 2002 AND ENDING SEPTEMBER 30 2003 PROVIDING FOR AN EFFECTIVE DATE Mayor Randels read the Ordinance in its entirety A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to adopt Ordinance No 15 2002 for second reading Mr Morgan expressed that although he agreed with Mayor Pro Tem Petsos on an incremental increase an additional increase would be needed in the next year and he did not favor a tax increase two years in a row Mr Treverton stated that the millage increase was needed to fully fund the budget The vote on the motion carred 5 0 as follows Mr Morgan, For, Mayor Pro Tem Petsos For, Mayor Randels, For, Mr Treverton, For and Mr Weber, For ADJOURNMENT There being no further business the Chair adjourned the meeting at 5 56 P M Rocky Randels MAYOR Susan Stills CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2002 700 PM 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 Anthony Garganese City Attorney Susan Stills City Clerk Commander George McGee Canaveral Precinct Chief Dave Sargeant CCVFD Nancy Hanson Recreation Director PRESENTATION Check for $9,000 from Cape View Elementary School to the Canaveral Precinct for the K 9 Unit Deputy Dexter Rodgers introduced Alicia and Alaina Johnson who sang Proud to Be An American Deputy Rogers thanked Officer Brenda Dean and Lt Velez for initiating the K 9 Fundraiser effort at the school and thanked Lt Gary Young for his participation during the event Officer Dean stated that she worked with Principal Joy Salamone to coordinate this event with teachers and the students She explained that pre -sale car wash tickets were sold and Ms Wentzel s class sold the most tickets She announced that Christina Petsos was the highest car wash ticket seller Officer Dean acknowledged the Cape View student body for their participation and then introduced Ms Joy Salamone Cape View Elementary School Principal Ms Salamone expressed thanks to the Council and the precinct for their work and cooperative efforts with the school Ms Salamone then presented a check for $9 000 to Commander McGee of the Canaveral Precinct for the K-9 unit City of Cape Canaveral Florida City Council Regular Meeting September 3 2002 Page 2 CONSENT AGENDA City Council Regular Meeting Minutes of August 20, 2002 Mayor Randels asked if any Council members staff member or interested party desired to remove the item from the consent agenda for discussion No response was made to remove the item A motion was made by Mayor Pro Tem Petsos and seconded by Mr Treverton to approve Item No 1 on the Consent Agenda 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 CONSIDERATIONS 2 Donation of SeaDoo Jet Boat for Camp Chance Chief Sargeant explained that the vessel is owned 50/50 with the Port however Port Canaveral has purchased a new watercraft He stated that Camp Chance is now a designated not-for-profit organization and can accept donations Chief Sargeant also stated that this is a small vessel and a larger vessel is now available for rescue response A motion was made by Mr Weber and seconded by Mr Morgan to donate the surplus SeaDoo to Camp Chance The vote on the motion carred 5 0 as follows Mr Morgan, For, Mayor Pro Tem Petsos, For, Mayor Randels For, Mr Treverton, For and Mr Weber For 3 Amending the Recreation Fee Schedule Mayor Randels reminded that the effort to increase revenue was the product of the efforts of Mr Ken Small revenue advisor with the Florida League of Cities Ms Hanson stated the last time a fee increase was introduced was 1993 Mayor Randels commented that the proposed fee increase was minimal Mr Morgan asked if the amount was adequate Ms Hanson replied that there is an abundance of tennis courts in the area and she did not want to over price the service Mr Treverton asked for the annual revenue increase total Ms Hanson agreed approximately $1 000 and said there are some areas in which a fee increase was not recommended such as racquetball Mayor Randels reminded that the Recreation Department was not formulated for revenue generation but as a service Mayor Pro Tem Petsos said that Ms Hanson based the fee increase on neighboring fees in order to comprise a competitive scale A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to amend the fee schedule effective October 1 2002 The vote on the motion carried City of Cape Canaveral Florida City Council Regular Meeting September 3 2002 Page 3 5 0 as follows Mr Morgan, For Mayor Pro Tem Petsos For, Mayor Randels, For, Mr Treverton, For and Mr Weber, For 4 Amending the Sheriff's Contract Mayor Randels summarized that this was to appropriate $21 014 for seven stalker units as a line item transfer previously approved in the budget Commander McGee stated that this is a maintenance item and this would be included with the purchase of new vehicles in the future Mayor Pro Tem Petsos inquired as to why this was not a line item included in previous budgets Commander McGee explained that in the past radar units were transferred from one vehicle to another However from this point these units would remain in the vehicle Mayor Randels questioned the additional funds in salaries Commander McGee replied that Ms Barker could better explain the accounting Commander McGee replied to Mr Weber that there are 9 vehicles at the Port and 14 in the City [No motion was made] The vote carred 5-0 as follows Mr Morgan, For, Mayor Pro Tem Petsos, For Mayor Randels, For Mr Treverton, For and Mr Weber For REPORTS City Manager Mr Boucher shared an agenda item from the upcoming County Commission meeting regarding a change to special use permit by Club Lido Cabaret and he requests that the Council ask the County Commission to table the item until the City Attorney and City Planner could review further Mayor Randels stated that the facility currently has a non conforming license and desires to change the license from a Special Use Permit to a conforming one that requires a Conditional Use Permit Attorney Garganese stated that there are two conditions in question 1) the establishment is attempting to make the non conforming use conforming and 2) to extend the alcohol Conditional Use Permit to Lots 1 2 and 3 The consensus of the Council is for the City Manager to contact the County Manager regarding an extension of time before further discussion by the County Commission Mr Boucher related that Commissioner O Brien inquired about recognition for his assistance with the pedway/bike paths as well as the Westside A1A pedway bridge Mr Boucher suggested a Mayor's award proclamation or plaque Mr Nicholas suggested an acknowledgement in coordination with the Westside Bridge dedication 2 Staff City Clerk No report City Attorney 0 No report City of Cape Canaveral Florida City Council Regular Meeting September 3 2002 Page 4 AUDIENCE TO BE HEARD • Mr Leo Nicholas inquired about the status of the reuse water with the City of Cocoa Beach Mayor Randels replied that there has been no recent correspondence and to date they have not received any water Mr Gene Petre asked about the directional signs toward the City Mayor Randels replied that the Florida Department of Transportation has been notified Mayor Pro Tem Petsos requested to see where the lack of communication occurred in that discussion on the sign occurred some three months ago Mayor Pro Tem Petsos inquired if the City could request FDOT to change the sign to add Cape Canaveral and Patrick Air Force Base for information purposes and expressed his disfavor with the surrounding circumstances to which Mr Morgan concurred 3 City Council Mr Morgan • Mr Morgan proposed and distributed two concepts for a office for the Mayor utilizing the current City Treasurer's office space Mr Treverton said that he would like a detailed desk plan drawn to scale • Mr Morgan related that there is a list of subcontractors in the City ordinance under occupational licenses that holds up permitting for window contractors unless they acquire a general contractor and there is no provision for this Mr Morgan stated that he would like to see the City follow the regulations under Section 1 13 Alternate Code under Section 1 15 that states General Penalty and Section 70 89 that show the listing of subcontractors whose license should be empowered to obtain a building permit Mr Morgan stated that the City appears to have changed the Alternate Code without authority Mr Morgan replied to Mayor Randels that he hires a window and door contractor for installation Mayor Pro Tem Petsos requested placing this item on the agenda Mr Morgan related that there is a movement among the BOAF to change the code that should be done on a legislative basis through Tallahassee Mr Boucher replied that the Budding Official without his concurrence starting asking window installers to have a licensed contractor The Budding Official stated that he was referring to the Flonda Statutes that states a license contractor is needed to make alterations Mr Boucher explained that the Florida Budding Commission is the only legislative body that can interpret budding code A pronouncement from the Department of Community Affairs stated the technical specifications for installation and the glass is impact rated for their area and then a permit could be issued Mr Boucher recommended that the Budding Official follow the Department of Community Affairs procedure The Florida Statute gives the Building Official authorization to interpret Budding Code only Council asked for a legal opinion from the City Attorney for permitting on window installation Attorney Garganese stated that he would have an answer by week s end Mr Morgan stated that he became involved when a window installer asked to hire him as a contractor in order to obtain a permit Mayor Pro Tem Petsos expressed his concern that no homeowner would be allowed to install their own windows Mayor Randels concluded that once the City Attorney provides an opinion City Manager as employer should direct the employee not to require permitting that is not necessary • Mr Morgan expressed that a workshop is needed on conflicting ordinances in Chapter 86 98 and 110 of the City code Mr Boucher stated that he would meet with Mr Morgan City of Cape Canaveral Florida City Council Regular Meeting September 3 2002 Page 5 to formulate a package Mayor Randels reminded that Code Review workshops had been started Mr Weber • Mr Weber announced the Florida Coastal Clean Up on September 21St 8 A M to Noon with a check in at Cherie Down Park Mr Treverton Mr Treverton reported the lack of a bike path in Cocoa Beach in the Ron Jon s area Mayor Randels replied that Cocoa Beach chose to not participate in the County Impact Fee Program Mr Boucher replied that he could write a letter to the City Manager regarding plans to complete the bike path Mr Treverton inquired about the A A R P employee in the City Clerk s office Ms Stills replied that the Brevard Community College office of the A A R P asked Cape Canaveral to act as host agency to a senior person needing training in an effort to gain permanent employment Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about installing sidewalks on vacant property Attorney Garganese is working on a list of available options and could provide such within the next 30 days • Mayor Pro Tem Petsos inquired about water reclamation project status Mr Boucher responded that mobilization is in progress and he would send a progress report • Mayor Pro Tem Petsos announced that he submitted his paperwork and he is qualified to run in the upcoming City Council election Mayor Randels • Mayor Randels announced that he represented the City at the Cape Canaveral SpacePort Master Plan This is a joint effort among NASA the 45th Wing Command Florida Space Authority Canaveral Port Authority Memtt Island Wildlife Refuge and Canaveral National Seashore • Mayor Randels reported on the Washington Avenue Park dedication in honor of Mr Bill Benrnx Mr Benny donated $5 000 to the Fire Department for 911 equipment • Mayor Randels related that former Mayor John Porter is holding a fundraiser in support of Cystic Fibrosis He said that he sends letters asking for fund support and wanted to know how the Council could gracefully not reciprocate when the City has asked others to support our causes Council members suggested that the Council continue to make individual commitments • Mayor Randels distributed information from the Economics Development Commission • Mayor Randels announced that the largest staghom fem in the area that formerly resided in Mrs Flossie Staton s yard has been moved to the Xenscape Park • Mayor Randels related background on an overhang petition application from 127 129 Ocean Garden Lane that that might require the Council s future attention The Building Official did not catch the encroachment on the submitted plans Mr Boucher stated that the application was a variance request made to the Planning and Zoning Board and the Board of Adjustment because it violated a setback Mr Nicholas clarified that there is a two feet ten inch encroachment beyond the required two feet Mr Morgan said that the City s errors and omissions insurance should cover that if that was a mistake of the City City of Cape Canaveral Florida City Council Regular Meeting September 3 2002 Page 6 and if they are made to move it then should they not be compensated? Mr Nicholas stated that the Planning and Zoning Board approved the application however the Board of Adjustment disapproved it Mr Morgan reminded that once the Board of Adjustment made a ruling the petitioner could not return for two years Mayor Randels replied that the Council is the next step in the appeal Mr Morgan said that if the City made the mistake the Certificate of Occupancy should not be withheld but if a modification is necessary then the City should contact our insurance company and rectify the mistake Mr Nicholas clarified that the petitioner's appeal is with the Circuit Court Attorney Garganese explained that the Council could not over rule the decision of the Board of Adjustment and the procedure is that the aggrieved party appeal to the Circuit Court within 30 days of the Board of Adjustments decision and the aggrieved party could also not return with the same or a similar petition for two years Mr Morgan asked if as a legislative body the Council could allow for a Certificate of Occupancy until the appeal is made with the Circuit Court Attorney Garganese replied that the Council does not ordinarily intervene as a legislative body He stated that there are two avenues for a property owner under these circumstances 1) to appeal the decision to the Circuit Court and attempt to get the Circuit Court to over turn the Board of Adjustment s decision and 2) under a variance situation maybe the property owner has a good reason to petition the City Council to amend the code to permit what the Board of Adjustment would not grant He stated that the code could be changed if a deficiency exists Mr Nicholas responded to Mr Treverton s question on the Planning and Zoning Board s approval in that although it was not a unanimous decision the Board felt that the petitioner should not be penalized for the City s mistake Council agreed by majonty to have the City Attorney review this matter Mr Nicholas invited the Council to the September 11th event at Noon at the Veteran s Park sponsored by the American Legion Post ADJOURNMENT There being no further business the Chair adjourned the meeting at 8 45 P M Rocky Randels MAYOR Susan Stills CITY CLERK jJr.vr1amafivn WHEREAS today s increasingly complex world presents challenges to all of us in our relationship with one another and WHEREAS every day brings forth reports of incidents of conflict resulting in violence between individuals and groups and WHEREAS such violence offends the peace and dignity of our neighborhoods communities and County and WHEREAS the Interfaith Alliance of Brevard County has proposed that a Week of Civility be conducted during the first week of October 2002 by various educational institutions groups clubs organizations and religious bodies and WHEREAS the purpose of this Week of Civility is to teach the lessons of respect self respect and respect for others to generate tolerance toward other people especially those who are different and to emphasize that respect and tolerance demand civil interaction NOW THEREFORE I Rocky Randels Mayor of the City of Cape Canaveral Brevard County Florida do hereby unanimously commend and applaud The Interfaith Alliance of Brevard County for its proposing the Week of Civility and that all agencies groups organizations be encouraged to conduct CIVILITY WEEK September 29 — October 6 2002 Meeting Type Regular Meeting Date 09 17 02 AGENDA H ads g Consent It m 5 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 33 REAPPOINTING REGULAR MEMBERS TO THE PLANNING & ZONING BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappointment of Mrs Andrea Shea Kung Mr Leo Nicholas Mr R Lamar Russell and Dr John Fredrickson as regular members to the Planning & Zoning Board Summary Explanation & Background Their terms will expire on 09 15 2004 and all have agreed to serve another term. I recommend approval Exhibits Attached Resolution No 2002 33 City Mana ce Department LEGISLATIVE cape mydoc men counc 1\meet ng\2002\09 17 02\2002 34 doc RESOLUTION NO 2002 33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA REAPPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING 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 City Code Chapter 58-26 created a Board known as the Planning and Zoning Board and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re appoint regular members to said Board NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Dr John Fredrickson Leo Nicholas, R Lamar Russell and Andrea Shea King are hereby re appointed as members of the Planning and Zoning Board of the City of Cape Canaveral Florida with a term to expire on September 15, 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 17th day of September 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 Anthony Garganese CITY ATTORNEY Meeting Type Regular Meeting Date 09 17 02 AGENDA H adi g Consent um 6 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 34 REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappointment of Mr Robert Laws Mr Earl McMillin and Mrs Marilyn Rigerman as members to the Board of Adjustment Summary Explanation & Background Their terms will expire on 10 01 2005 and all have agreed to serve another term. I recommend approval. Exhibits Attached Resolution No 2002 34 City Ma r Office Department LEGISLATIVE cap im\myd tt drain\council\meet nZJt;�002\09 17 02\2002 34 doc RESOLUTION NO 2002 34 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT 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 2 83 (Zoning Code Section 110 26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral Florida and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Regular Members to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Flonda as follows SECTION 1 Robert Laws Earl McMillin and Manion Rigerman are hereby reappointed as members of the Board of Adjustment of the City of Cape Canaveral Flonda with term to expire on October 1, 2005 SECTION 2 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City of Cape Canaveral Flonda this 17th day of September 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Anthony Garganese City Attorney E \CityCik\Resolutions\BOARDS\Reappointments\Board of Adjustment -02 34 doc FOR AGAINST Meeting Type Regular Meeting Date 09 17 02 AGENDA H admg Consent It m 7 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH APPLIED TECHNOLOGY CENTER INVESTMENTS PARCEL NO 24 37 23 A 0000E 2 0000 00 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider adoption of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo dated 07 26 02 City M er's Pffice Department PUBLIC WORKS STAFF REPORT Date July 26 2002 To Bennett Boucher City Manager Susan Stills City Clerk From Morris Reid CBO Building Official Re Applied Technology Center Investments Easement Agreement Legal Description 24 37 23 JI 0000E 2 000 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 Gardulslu Public Works Director DATE June 28, 2002 SUBJECT Planning and Zoning Board Agenda Item for July 10, 2002 Easement Agreement from Applied Technology Center Investments Parcel NO 24 37 23 JI 0000E 2 000 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 Applied Technology Center Investment 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 Applies Technology Center Investments Attachment CC File EASEMENT THIS INDENTURE made this day of IU%— 2002 by and betweenApvlied Technology Investment LLC 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 rightof way line of SR AIA The purpose of the Easement granted herein is more specifically set forth as follovs 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 Imes 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 rellacmg 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 cmduct 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 aithonty M Q to me well known to be the person(s) described in and who executed the foregoing easement/ anJ they "acknowledged. before me that they executed the same freely and voluntarily and for the purpose expressed ;rk co&'K INTNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid this day of� 2002 i "eo IAL SEAL ROTARY PUBLIC State of Florida MOTW :qpR4SIE M LLYOD My Commission Expires4� os-- \ COMW ION do M 02/05/05 LEGAL EXHIBIT "A" A PORTION OF SECTION 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE SOUTHEAST CORNER OF THAT PARCEL 3 DESCRIBED IN OFFICIAL RECORDS BOOK 985 AT PAGE 381 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE N 88 DEGREES 52958" W. ALONG THE SOUTH LINE OF SAID PARCEL 3 AND THE NORTH LINE OF CENTER STREET, A 50 FOOT RIGHT OF WAY, DESCRIBED IN OFFICIAL RECORDS BOOK 826 AT PAGE 725 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, 27189 FEET TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF A LINE MIDWAY BETWEEN THE BUILDING WALLS FOR TWO (2) EXISTING ADJACENT BUILDINGS, THENCE N 00 DEGREES 54945" E, ALONG SAID MIDWAY LINE AND TI'S' NORTHERLY EXTENSION, 174 64 FEET, THENCE N 89 DEGREES 05952" W, 5.11 FEET TO A POINT ON A LINE 6 00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH AN EXISTING BUILDING WALL, THENCE N 00 DEGREES 54908" E, ALONG SAID LINE, 49 49 FEET, THENCE N 89 DEGREES 23140" W, 75 96 FEET, THENCE N 68 DEGREES 04'38" W, 148.01 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL 1 DESCRIBED IN OFFICIAL RECORDS BOOK 3408 AT PAGE 1996 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE N 00 DEGREES 53'17" E, ALONG THE WEST LINE OF SAID PARCEL 1, 90 20 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE S 88 DEGREES 48919" E, ALONG THE NORTH LINE OF SAID PARCEL 1, 49145 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1 BEING ON THE WEST RIGHT OF WAY LINE OF STATE ROAD A-1 A, THENCE S 00 DEGREES 57920" W, ALONG SAID WEST RIGHT OF WAY LINE, 365 54 FEET TO THE POINT OF BEGINNING 1111111111111111111 Page 1 of 1 I 111111111111111111 CFN 2001226459 10 17 200103 05 pm oR Bowpage 4442 / 1919 Tho mstrummt prepamd by & renin 6o ROBERT L BEAM ESQ Scott Ellis TME OF BREYARD LLC Cleric Of Courts Brevard County 201 Nath Rr au& Dnvc, Smte C #Pgs 3 #Names 2 Lohda9w, FL 32903 Trus- 2 00 Rev 13 00 Sere' 0 00 Deed 18 900 00 Excise 0 00 Mtg 0 00 Int Tax. 0 00 THIS INDENTURE made thus day of �c rc _ In the State of Florida, 2001 between TECH VEST, INC a Delaware cocporatwn authorized to do businessnLLC, a Florida hnuted ("Grantor'), and APPLIED TECIINOLOGY CENTER INVESTMENTS, habilnty company ("Grantee") whose address is Three Fast National Plaza, Suite 1404 Chicago, Illinois 60602 WITNESSETH, that the Granfor for � � whereof ns hereby acknowi nsideration of the sum of TEN (edged, has to it in hand paid by Grantee, granted, bargained and sold to the Grantee forever, the f0UowM8 des""ed land situate hying and being in the County of Brevard, State of Flonda, to wit See Exhibit A attached Mreto and made a part hereof for complete legal description of premised conveyed hereby SUBJECT to restrictions, reservations and easements of record, if any which are not reimposed hereby and taxes subsequent to December 31, 2000 And the Grantor does hereby fully warrant the title to the land, and will defend the same against the lawful chum of all persons whomsoever IN yVI1'N _SS WHMOF the Grantor has executed this utstrunwa on the day and year first above wraten• SIGNED SEALED AND DELIVERED IN THE PA94NCE OF Witne. Signature /A,— 0 61ri- tea. Pint Witness Name witneseSignatum Pint witness Name I T airs TECH VEST, INC , a Delaware Corporatwn mWonzed to do business in the State of Florida —<:7)/ n By Edward L Hcadesky Pr Address 124 St Croix A e Cocoa Beach, FL 32931 tit Belib myc ExpKes oecmij r 14 200 STATE OF FLORIDA COUNTY OF BREVARD THE FOREGOING INSTRUMENT was admowledged before me this � day of 44-A 2001, by EDWARD L HRADESKY as President of Tech V sic,, a` Delaware corporation authorized to do business m the State of Florida, w known 0 V who produced i ent2tion, and who did take an oath My commission expires bAL L P -to i v� Print Notary Public Name e0ff undo L APpr, My COM66M COMM a Exon MOW 27 2006 -- itr�' OR A atrw ��z , ,sza Meeting Type Regular Meeting Date 09 17 02 AGENDA H adi°g Consent It m g N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 35 REAPPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappointment of Mr Charles Biederman as a regular member to the Code Enforcement Board Summary Explanation & Background This term will expire on 10 01 2005 and Mr Biederman has agreed to serve another term I recommend approval. Exhibits Attached Resolution No 2002 37 City Ma s Office Department LEGISLATIVE C nt\k m\my ocume dm n\counc 1\meet ng\2002\09 17 02\2002 37 doc RESOLUTION NO 2002 35 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA REAPPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT 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 22 83 created a Board known as the Code Enforcement Board and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to re- appoint one 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 Charles Biederman is hereby reappointed to the Code Enforcement Board in the City of Cape Canaveral with a term to expire on October 1, 2005 SECTION 2 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 17th day of September 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 Anthony Garganese CITY ATTORNEY E \CityCik\Resolutions\BOARDS\Reappointments\Code Enforcement -2002 doc Meeting Type Regular Meeting Date 09 17 02 „ uz iiiipi CITY OF CAPE CANAVERAL AGENDA H adi°g Consent It m 9 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 36 REAPPOINTING THREE REGULAR MEMBERS ONE REGULAR MEMBER AND ONE FIRST ALTERNATE MEMBER TO THE LIBRARY BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappointment of Mrs Joanna Atwood Mr James K. Brown and Dr Tun Grady as regular members to the Library Board the appointment of Ms Evelin Reid as a regular member to the Library Board and the appointment of Ms Jean Deck as a first alternate member to the Library Board Summary Explanation & Background I recommend approval. Exhibits Attached Resolution No 2002 36 City Ma er' Office Department LEGISLATIVE l cap m\mydoc s\ n\counc 1 -ng\2002\09 17 02\2002 36 doc RESOLUTION NO 2002 36 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA REAPPOINTING THREE REGULAR MEMBERS APPOINTING ONE REGULAR MEMBER AND ONE FIRST ALTERNATE TO THE LIBRARY 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 City Code Chapter 46 26 created a Board known as the Library Board and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Joanna Atwood, James K Brown, and Dr Tim Grady are hereby re appointed as regular members of the Library Board of the City of Cape Canaveral Florida with a term to expire on October 1, 2004 SECTION 2 Evelin Reid is hereby appointed as a Regular Member of the Library Board of the City of Cape Canaveral FL with a term to expire on October 1, 2003 SECTION 3 Jean Deck is hereby appointed as a First Alternate Member of the Library Board of the City of Cape Canaveral Florida with a term to expire on October 1, 2004 SECTION 4 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 17th day of September 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos E \CityClk\Resolutions\BOARDS\Reappointments\Library_02 36 doc City of Cape Canaveral RA September 2 2002 Rosann Gallagher 5801 N Banana River Blvd #913 Cape Canaveral FL 32920 Dear Ms Gallagher Your term on the Library Board expires on October 1, 2002 Please check the box that indicates your desire to continue to serve on the Board for another three year term and return this notice to the City Clerk The resolution to re appoint Board members is scheduled to appear on the City Council Agenda of Tuesday September 17 2002 Thank you ❑ 1 DO wish to be considered for reappointment 0i DO NOT wish to be considered for reappointment aa���� (Signature) L bromber Sincerely Susan Stills CMC CITY CLERK S, s rz rL V 1 t3 i r— Ali(`% 14 -P -1-7-1-t CJ �' •• e 1z r-1 > z- A -t `--' /4 Lri (,/ -e 1-9/4,nTic 14ri4T/ 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 Meeting Type Regular Meeting Date 09 17 02 AGENDA H ading Consent It m 10 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 37 REAPPOINTING REGULAR MEMBERS TO THE RECREATION BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappointment of Mr Bob Gorham, Mr William Schmidt and Mrs Connie Trautman as regular members to the Recreation Board Summary Explanation & Background Their terms will expire on 10 01 2004 and all have agreed to serve another term. I recommend approval Exhibits Attached Resolution No 2002 37 Cit7��g7;s Office Department LEGISLATIVE ca k m\my ocume adm n\counc 1\m ung\2002\09 17 02\2002 37 doc RESOLUTION NO 2002 37 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA REAPPOINTING REGULAR MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has by Ordinance No 24 64 created a Board known as the Recreation 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 reappoint members to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Bob Gorham, William Schmidt and Connie Trautman are hereby reappointed as regular members of the Recreation Board of the City of Cape Canaveral Florida with terms to expire on October 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 17th day of September 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Anthony Garganese CITY ATTORNEY G \CityClk\Resolutions\BOARDS\REAPPT\Recreation doc FOR AGAINST Meeting Type Regular Meeting Date 09 17 02 SI; q' 41-,'' Wd CITY OF CAPE CANAVERAL AGENDA H ading Considerations It m 11 N I recommend approval AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 38 ADDENDUM TO THE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CONTRACT DEPT /DIVISION LEGISLATIVE Requested Action City Council consider approval of the addendum to the fire protection and emergency medical services contract for the 2002/2003 service year Summary Explanation & Background The City entered into a (10) year contract on 09 26 97 and the new contract price is $700 195 This includes the hu -mg of additional personnel to meet the new two in two out rule I recommend approval Exhibits Attached Resolution No 2002 38 Addendum City Ma e s Office Department LEGISLATIVE C/ RESOLUTION NO 2002 38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department Inc have entered into that certain Contract for Services dated September 26 1997 and WHEREAS said Contract contains a ten (10) year term commencing on October 1 1997 and provides that the City and the Cape Canaveral Volunteer Fire Department Inc shall renegotiate the base contract price for each contract year after the first contract year NOW THEREFORE be it resolved by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department Inc to provide for a revision of the base contract price for the contract year October 1 2002 through September 30 2003 A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth SECTION 2 This Resolution shall take effect immediately upon its adoption C \WINDOWS\Temporary Internet Files\OLKE3A4\CCVFD 2002 DOC City of Cape Canaveral Florida Resolution No 2002 32 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this 17th day of September 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Anthony Garganese CITY ATTORNEY C \WINDOWS\Temporary Internet Files\OLKE3A4\CCVFD 2002 DOC FOR AGAINST ADDENDUM THIS ADDENDUM is entered into this 17th day of September 2002 by and between THE CITY OF CAPE CANAVERAL FLORIDA hereinafter called the City and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC a non profit Florida corporation hereinafter called the Corporation WITNESSETH WHEREAS the City and the Corporation have entered into that certain Contract for Services dated September 26 1997 ( Contract ) which Contract is for a term of ten (10) years and WHEREAS said Contract requires the City and the Corporation to re negotiate the base contract price for each year of the Contract after the first year and WHEREAS the parties have agreed to a revised Contract price for the period October 1 2002 through September 30 2003 NOW THEREFORE in consideration of the mutual covenants and agreements herein contained the parties agree as follows 1 Recitals The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference 2 Price Revision Paragraph 12 of the Contract is amended to read as follows The City agrees that in return for services specified herein it will pay the Corporation the base annual contract price of $700 195 The compensation provided for herein shall be paid monthly in the sum of Cape Canaveral Volunteer Fire Department Addendum to Contract 2002/2003 Page 2 $58 349 58 per month commencing on the first day of October 2002 and continuing on the first day of each month thereafter The parties shall renegotiate the base contract price for each successive year of this contract annually The City further agrees that in the event of a catastrophic event additional funding shall be provided by the City for vehicles personnel equipment and supplies less any disaster relief funding provided by another agency 3 Continuing Effect Except as modified by this Addendum the Contract shall remain in full force and effect IN WITNESS WHEREOF the undersigned CITY OF CAPE CANVERAL by its duly authorized officer has executed this instrument this 17th day of September 2002 CITY OF CAPE CANAVERAL FLORIDA A municipal corporation Rocky Randels MAYOR ATTEST Susan Stills CMC CITY CLERK (Corporate Seal) Cape Canaveral Volunteer Fire Department Addendum to Contract 2002/2003 Page 3 IN WITNESS WHEREOF the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC a non profit corporation by its authorized officers ahs executed this instrument this 17th day of September 2002 CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC a non profit Corporation President ATTEST Secretary (Corporate Seal) Meeting Type Regular Meeting Date 09 17 02 AGENDA H ad°g Considerations It m 12 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 39 ADDENDUM TO THE LAW ENFORCEMENT CONTRACT FOR THE 2002/2003 FISCAL YEAR DEPT /DIVISION LEGISLATIVE Requested Action City Council consider approval of this addendum for the contract year 2002/2003 Summary Explanation & Background This is an addendum to the four year contract entered into on 09 18 01 The contract for 2002/03 service year is $1608 474 One additional road deputy is included I recommend approval Exhibits Attached Re$olution No 2002 39 Addendum City Man s ffice Department LEGISLATIVE cape m\mydoc ents\ council\meeting\2002\09 17 02\2002 39 doc RESOLUTION NO 2002 39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL FLORIDA AND PHILIP B WILLIAMS AS SHERIFF OF BREVARD COUNTY PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City of Cape Canaveral and the Sheriff have entered into that certain Contract for Services dated September 18 2001 and WHEREAS said Contract contains a four (4) year term commencing on October 1 2001 and provides that the City and the Sheriff shall renegotiate the contract price each year for the term of contract NOW THEREFORE be it resolved by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Sheriff to provide for a revision of the contract price for the contract year October 1 2002 through September 30 2003 A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth SECTION 2 This Resolution shall take effect immediately upon its adoption City of Cape Canaveral Florida Resolution No 2000 39 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this 17th of September, 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 Anthony Garganese CITY ATTORNEY ADDENDUM THIS ADDENDUM is entered into this 17`h day of September 2002 by between THE CITY OF CAPE CANAVERAL FLORIDA hereinafter called the City and between Philip B Williams as Sheriff of Brevard County hereinafter called Sheriff WITNESSETH WHEREAS the City and the Sheriff have entered into that certain Contract for Services dated September 18 2001 ( Contract ) which Contract is for a term of four (4) years and WHEREAS said Contract requires the City and the Sheriff to renegotiate the contract price for each year of the Contract and WHEREAS the parties have agreed to a revised Contract price for the period October 1 2002 through September 30 2003 NOW THEREFORE in consideration of the mutual covenants and agreements herein contained the parties agree as follows 1 Recitals The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference follows 2 Price Revision Article VII Consideration of the Contract is amended to read as 71 The compensation to be paid by the CITY to BCSO for fiscal year 2002 — 2003 shall be the sum of One Million Six Hundred and Eight Thousand Four Hundred Seventy Four Dollars ($1 608 474 ) I 72 Payment shall be made to BCSO by the CITY IN THE FOLLOWING MANNER personnel services and operating expenses in the sum of $1 541 039 shall be made in twelve equal monthly installments $128 419 92 payable on or before the first day of each month Payments received fifteen days after the fifth day of the month will be subject to a five percent (5%) surcharge 73 Capital purchases in the sum of $67 435 shall be reimbursed by the CITY as they occur within thirty days of receipt of invoice supplied by BCSO 3 Continuing Effect Except as modified by this Addendum the Contract shall remain in full force and effect 2 IN WITNESS WHEREOF the undersigned CITY OF CAPE CANAVERAL by its duly authorized officers has executed this instrument this 17th day of September 2002 CITY OF CAPE CANAVERAL FLORIDA A municipal corporation Rocky Randels MAYOR Attest Susan Stills CITY CLERK (Corporate Seal) IN WITNESS WHEREOF the undersigned Philip B Williams Sheriff of Brevard County has executed this instrument this day of September 2002 Attest 3 Sheriff of Brevard County Florida Philip B Williams Sheriff