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HomeMy WebLinkAboutPacket 11-19-2002CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ;1ty of Cape Canaveral INCIL REGULAR MEETING :ITY HALL ANNEX :nue, Cape Canaveral Florida TUESDAY lovember 19 2002 700 PM AGENDA OLD BUSINESS ORDINANCES Second Public Hearing 1 Motion to Adopt Ordinance No 17-2002 Adopting the Amendments to the Annual General Fund Sewer Enterprise Fund Special Revenue Funds and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1 2001 and Ending September 30 2002 for second reading PRESENTATION Larry Weber OATH OF OFFICE Bob Hoog and Buzz Petsos NEW BUSINESS BOARD MEMBER INTERVIEW Walter Schoenfeld Planning & Zoning Board CONSENT AGENDA 1 City Council Regular Meeting Minutes of October 15 2002 2 Resolution No 2002-43 Authorizing a Transfer and Assignment of Cable Television Franchise 3 Resolution No 2002-44 Reappointing Members to the Beautification Board (J Hale and E Mars) 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 November 19 2002 Page 2 RESOLUTIONS 4 Motion to Adopt Resolution No 2002-45 Appointing a Mayor Pro Tem 5 Resolution No 2002-46 Jefferson Villas — Phase II Final Replat 6 Resolution No 2002-47 To Officially Name Cocoa Palms Avenue Coconut Street Rattan Avenue Sabal Avenue & Sago Circle in the City of Cape Canaveral CONSIDERATIONS 7 Emergency Medical Services Cost Sharing Agreement with Brevard County DISCUSSION 8 Sewer Rates REPORTS 1 City Manager 2 Staff 3 City Council ADJOURNMENT Pursuant to Section 286 0105 Flonda Statutes the City hereby adwses 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 Meeting Type Regular Meeting Date 11/19/02 AGENDA Head ng Old Business — Fiscal Year Beginning 10/1/2002 and Ending 9/30/2002 as recommended by the City Treasurer Ordinances Second The City Treasurer see the attached memo has provided an overview of the final budget Public Hearing Rem 1 No Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 17 2002 ADOPTING AMENDMENTS TO THE GENERAL FUND SEWER ENTERPRISE FUND SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING SEPTEMBER 30 2002 DEPT /DIVISION FINANCE/ ADMINISTRATION Requested Action City Council consider adopting of Ordinance No 2002 17 at Second Reading amending the General Fund Sewer Enterprise Fund Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Beginning 10/1/2002 and Ending 9/30/2002 as recommended by the City Treasurer Summary Explanation & Background The City Treasurer see the attached memo has provided an overview of the final budget transfers These final budget amendments were previously approved by City Council The City Treasurer will be available to answer any questions you may have I recommend approval Exhibits Attached Ordinance No 2002-17 City Treasurer's Memo 10/11/2002 City Man Office /, /� Department ORDINANCE NO 17 - 2 0 0 2 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND SEWER ENTERPRISE FUND SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 2001 AND ENDING SEPTEMBER 30 2002 PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 The Amendments to the Annual General Fund Sewer Enterprise Fund Special Revenue Funds and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof of the City of Cape Canaveral Florida for the fiscal year beginning October 1 2001 and ending September 30 2002 are hereby approved and adopted SECTION 2 This Ordinance shall take effekx immediately upon ds adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day ATTEST Rocky Randels MAYOR James Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Anthony A Garganese CITY ATTORNEY First Reading 10/15/02 Second Reading FOR AGAINST City of Cape Canaveral MEMORANDUM DATE OCTOBER 11 2002 TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ANDREA BOWERS CITY TREASURER SUBECT FINAL BUDGET REPORT AND TRANSFER FOR THE FISCAL YEAR 2001/02 The final quarter of our fiscal year is now complete and we are gearing up for our annual audit When Grants and Internal transfers are removed from the equation revenues stand at 103% collected This collection percentage reflects revenues received and does not include accrued revenues which may be material Reversal of the FRDAP Grant for Manatee Park is the only amendment to revenues This Grant is being deferred to the fiscal year 2002/03 to coincide with the construction The attached summary contains the current proposed budget amendments as well as the amendments approved by Council throughout the fiscal year 2001/02 This Ordinance maintains compliance with the State Statutes concerning our budget It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment It is not the intent of these amendments to adjust each account to reflect actual activity Some of these items have previously been approved and the technical adjustment is merely housekeeping Following is a brief dialogue concerning budget amendments requiring attention Administration Departments payroll and its related accounts have been increased to cover the increased payroll due to merit increases and the increased hours worked by the part time clerk in the Finance Contractual services are increased to cover the expenditure for record storage at the Foreign Trade Zone Utilities are increased to cover the expenditure of water/sewer and electricity which averages approximately $500 per month Printing is increased to cover the increased cost of publishing the various budget ads required by the State of Florida Legal Services has been increased to covered various legal billings for general government requirements 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 Special Pay and Christmas Bonus accounts located within Non Departmental have been reallocated to fund a portion of the payroll increases in Administration with the balance of the funding for General Fund appropriations reducing Contingency In other funds Impact fees for the Anel Fire Truck have come in higher than expected and are increased to reflect the new construction Capital Expansion expenditures for General Fund have been increased to fund the additional Dodge Pickup Truck for the Building Department approved at the April I6th Council meeting This completes the requested Budget Amendments for the fiscal year 2001/02 Please contact the Finance Department with any questions and/or concerns ;ity of Cape Canaveral J. U DCIL11ULL DULILAXI l.1Ly 1VldlidgUl Susan Stills City Clerk From Bea McNeely Chairperson Planning & Zoning Board Re Interview of Prospective Board Member Walter Schoenfeld At the Planning & Zoning Board meeting held on October 9 2002 the Board members interviewed Mr Schoenfeld and recommended that the City Council appoint Mr Schoenfeld as an alternate member This will allow him to gain experience and knowledge of the city zoning regulations comprehensive plan history of existing new future and ongoing projects (i e site plans plats special exceptions) and planning issues Thank you for your consideration 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 mall ccapecanaveral@cfl rr com I oardapp I oZ Page 1 of 2 City Council I City Hail I Home Page City of Cape Canaveral City Board Application Please Print and Fax to Our Office at (321) 799 3170 Applicant NameW ISL 1 C �C F�o H� �=G LV Home Telephone Home Address `%`�9 //�� Co Lh/ 6�&A V C,' A �-- Business ��%/,��i� Business Telephone Office Address Brief Description of Education and Experience C- Are you a registered voter? Yes No 71 Have you been a resident of the City for 12 months or longer? Yes (,-' No Do you currently hold a public office9 Yes No !� Are you presently employed by the City? Yes No 11 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 g~andchild father in law mother in law son in laNN daughter in law brother in latiN sister in la x 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 blood" Yes No !/ http //www myflonda com/cape/boardapp html 4/12/02 boardapp Page 2 of 2 Please specify on which City Board you are interested in serving (Indicate Preference 1 st 2nd 3rd etc ) Beautification C de Enfo me t * Library Board of Adjustment* C mm ty App B sn ss&C It I D lopm t Co st to B d cc of Add stment & Appeals Planning & Zoning Recreation *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and prior 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 City s Boards 1 G�G't1LD R-1/<l� 7'D G 19 PPdI N D D (,C TriC PLA NN 1N L— /0o&1.)t& ,E©,5xI4AI5 � c� �,"'c f xGa i, Lp W l`< c- To 6I Ye t EA /2c r-1 .2^ G 6 i e► 7h c CC n� J nl i i �l i >`I i.� f� t Cx4 � 1L 1 d i L to A W C�� /�c ra E L& 7w,67 C T u>0 f/4,o x--1'4 k PAk I I A T H c: F 7 li <..; C,7-/ iQ t4(: -4-,P 4)r9( c,i trr p c -:,e. � ��l�L=�,�t� V � +�esT ZoN Tw/f- i I�Ji= Ate_ �.,rtn) Would you `' consider serving on another City Board other than the one(s) you have selected on the front of this form Yes Y No Applicants Signature Date 1"2 h� 2, 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 >�y Cok I1.z///1Yv I d Cci o �e.�� (�;6"'77i'- /arc a _T c/,�, n� 14 e-- 11.5 AeEc ;-j /�6, 4A-,' eee 06-tf 7'Ii,611t;e.S �D ?�� v �✓v r'f�� r� .� i��f http //www myflonda com/cape/boardapp html C���t�,Ll ' L [12/02 105 Polk Avenue Cape Canaveral FL 32920 P O Box 326 321 868 1220/1221 321 8681248 Memo TO. Morris Reid Building Official Frons Susan Stills City Clerk,' Q Susan Chapman Administrative Assistant to the Building Official (w/Attachment) Dato August 28 2002 Ree Prospecbve Planning & Zoning Board Applicant Morris Please schedule this perspective applicant for an interview with the Code Enforcement Board at their next meeting A copy of the application is attached to Susan s memo Thank you 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 15, 2002 700 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Council Members Present Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present Bennett Boucher City Manager Anthony Garganese City Attorney Susan Stills City Clerk Andrea Bowers City Treasurer Morris Reid Building Official Ed Gardulski Public Works Director Dave Sargeant Fire Chief CCVFD CONSENT AGENDA Mayor Randels asked if any Council member staff member or interested party desired to remove an item from the consent agenda for discussion Mr Morgan requested to remove Consent Agenda Item No 5 Mr Treverton requested to remove Consent Agenda Item No 2 Mayor Randels requested to remove Consent Agenda Item No 3 Attorney Garganese requested to remove Consent Agenda Item No 1 for corrections City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 2 A motion was made by Mr Weber and seconded by Mr Morgan to approve Consent Agenda Items No 4 and 6 4 Street Sweeping Contract with USA Services of Florida Inc 6 Canceling the Tuesday November 5th meeting due to the General Election and Scheduling a Meeting to Certify the Election Results for Thursday November 7 t 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 Consent Agenda Discussion Items 1 City Council Regular Meeting Minutes of October 1 2002 Attorney Garganese pointed out a correction on Page 3 of the minutes under the Discussion section that referenced the Florida League of Cities challenge to the presumption bill He stated that the correct word is unfunded mandate Attorney Garganese also found a correction on Page 4 under the City Attorney report that referenced Fairvilla proposing an amendment to the sign code The correct wording is an amendment to the settlement agreement A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve Consent Agenda Item No 1 with the corrections noted 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 2 Cooperative Purchase of Beach End Landscaping with Vila & Son Landscaping Inc Mr Treverton asked to remove this item for clarification in that $72 000 was budgeted with an actual cost of $47 000 to perform the landscaping for 12 beach ends Mr Treverton asked if there are 18 beach ends and asked if some were missing from the proposed project? Mr Gardulski replied that Lincoln Madison Jefferson and Adams Avenue beach ends have been done Mayor Pro Tem Petsos expressed concern with the cost of the coconut and sabal palms Mayor Pro Tem Petsos said that $537 for coconut palms and $189 for sabal palms was expensive He also stated that the city is not required to use a federal or state contract for the beach end project and reminded that there is no time constraint on the beach end project as with the SR Al A project Mr Gardulski stated that this is same quality vegetation that the contractor would plant at Disney and the trees are top quality Mr Treverton asked if the Beautification Board had made any recommendations Mr Nicholas stated that the Board did not have a discussion on prices Council agreed by majority to have the Beautification Board review the landscaping purchase City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 3 Council agreed by majority to have the Beautification Board review the landscaping purchase A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to table Consent Agenda Item No 2 until the next regularly scheduled Council Meeting on November 19"' 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 Cooperative Purchase of Sanitary Sewer Lining with Gnner's Pipeline Services, Inc Mayor Randels acknowledged a representative from Griner s Pipeline to answer any questions Mayor Randels asked Mr Gardulski to hold up a demonstration of the ring that would be used in the lining Mayor Randels pointed out that Griner's was able to buy the materials at a significant cost savings to the City Mr Louis Woska explained that DX pipe used would be as close to direct barnel PVC as could be found He explained that direct barnel PVC is 400 000 flexular modulus or psi The DX pipe is 340 000 psi Whenever an inspection is done a determination is made on whether to grout to prevent groundwater This field call helps to determine what product to use Warmer trailers help to set the flex mods in place using a heating method Mr Treverton asked if the lines are televised and smoke tested afterwards in order to determine if there were cracks or breakage Mr Woska explained that clock positions are used to mark the line for direct usage by the consumer A polyurethane grout is used to seal the services Mr Woska replied to Mr Morgan that the smallest size is 6 -inch with this material the largest is 15 inch Mr Morgan asked if the line outside of the slipliner offers additional protection? Mr Woska stated that this material has already passed the 50 -year test A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to approve the Cooperative Purchase of Sanitary Sewer Lining with Gnner's Pipeline Services, Inc of Orlando in an amount not to exceed $150,000 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 5 Cooperative Purchase of a Ford F-550 Flatbed Dump Truck in the amount of $38243 Mr Morgan related that he had visited Public Works and found the flatbed truck was out working very well however the replacement is for another truck that has been sitting inoperable Mr Morgan said that this would alleviate replacing the vehicle this year and to enable returning the money to the General Fund Mr Weber asked Mr Gardulski to comment Mr Gardulski replied that his plan is to purchase one new vehicle very year He stated that the flatbed trucks are the departments workhorses Mr Treverton concurred that one is in fact inoperable and the other was on the road Mr Gardulski replied to Mr Treverton that the inoperable vehicle is about ten years old Mr Gardulski replied to Mr City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 4 Weber that two trucks are needed should one become inoperable Mr Morgan requested to know the priority for the truck purchase at $38 000 and asked for Mr Gardulski s reason for changing his purchase Mr Gardulski replied that consistent maintenance is required on the truck in use Mr Weber asked for the cost of additional maintenance for another year on the truck in use Mayor Randels summarized that this was a budgeted item Mayor Pro Tem Petsos also said that the flatbed truck was budgeted and he also expressed that the department attempted to find a reasonable purchase that would allow for more crewmembers A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to approve the Purchase of a Ford F 550 Flatbed Dump Truck in the amount of $38,243 The vote on the motion carried 4 1 as follows Mr Morgan Against Mayor Pro Tem Petsos For, Mayor Randels, For Mr Treverton, For and Mr Weber For CONSIDERATIONS 7 Cooperative Purchase of SR AIA Landscaping Services with Vila & Son Landscaping, Inc in the amount of $222,707 Mayor Randels stated that this was part of a grant to install landscaping along the SR Al A corridor 8 9 properties have applied and he called on Mr Gardulski to provide a report on the project Mr Gardulski stated that the Lutheran Church pastor provided some comments He explained that some cooperative land design would be done with the City Hall project Mr Gardulski attempted to also landscape the right-of-ways however time constraints with the grant would not permit at this time Mayor Randels explained for the benefit of the audience that this project is a beautification effort done through easements with the business owners on SR Al Mr Weber commented on installing a replacement shuttle at City Hall Mr Treverton commended Mr Gardulski on his consistent work in acquiring easements to perform the landscaping and Mr Gardulski in tum commended his staff Mayor Pro Tem Petsos asked if some of the planting locations could be changed and plants used at other locations when the proposed development plans provide adequate landscaping Mr Gardulski replied that the plan has been approved site specific to the planting locations Mr Gardulski stated that unobstructed signage was a business owner concern Mr Gene Petre asked that the Beautification Board members and Public Works administrative staff be acknowledged Mr Nicholas introduced the Board and the staff to the audience A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve the Cooperative Purchase of SR Al Landscaping Services to Vila & Son Landscaping, Inc in the amount of $222,707 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 October 15 2002 Page 5 8 Cooperative Purchase of a 2003 Ford F 150 Pick up Truck Mayor Randels stated that this purchase was not budgeted and is a suggested replacement for a 1996 truck with a frozen motor Mr Morgan stated that the City should be contacting Dodge motor company since the mileage is still low on the truck Mr Boucher stated that Mr Gardulski took the vehicle to the dealer however the warranty had expired Mayor Randels summarized that the decision of the Council is if the vehicle would be repaired or replaced Mr Treverton expressed that the truck s engine might be repaired for only several hundred dollars Council directed staff to return to the dealer for action and if no action is viable to then replace the motor Mayor Randels stated that the replacement cost of the motor is within the City Managers spending authority Item No 8 died for Lack of a Motion 9 City Manager's Evaluation Mayor Randels stated that this evaluation is for the period up to September 19 2002 Mayor Pro Tem Petsos said that all evaluations were not included and he requested a compiled tally of all points Mayor Pro Tem Petsos clarified that he would like to see how each Council member ranked Mr Boucher in a table format with an average under each question Council agreed to set this item for the City Council meeting on November 19th DISCUSSION 10 Review of the North SR Al Sign Concept Plan Mr Nicholas reported that the Beautification Board discussed the City sign at the Port entrance He said that Ms Kathleen Burson of ParTerre had developed a conceptual design Mr Nicholas noted that the sign had several deficiencies such as its serpentine design He stated that as a consequence the Board decided to meet at the sign location on Saturday morning and that Mayor Randels had made sketches for improvements Mayor Randels displayed pictures taken at different focal points Mr Morgan asked if the sign were on a floating slab and said that if so the sign could be slid from its location Mr Nicholas said that the concept presented by the joint Boards was to elevate the sign on a berm and he did not know if the existing sign could be positioned on a berm Mayor Pro Tem Petsos asked if moving this sign were possible Mr Pekar replied that that consideration had not been determined Mr Randels related the first change in that the sign needs to be moved to a different angle Council agreed by majority that the sign did need to be turned for better visibility Mayor Randels related the second change in that the Board determined that a tiered concept was the original plan Mr Nicholas stated that the top of the base needed to be higher Mayor Randels related the last change of the City s name on the over pass sign Mr Morgan asked how much land is left in the right -of way Mr Boucher stated that there City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 6 is a survey of the area Mr Pekar stated that removing the sign might be a lesser cost than attempting to rotate the sign into a position of visibility Mayor Randels concluded that the Council would direct the City Manager to contact the Port Director regarding changing the sign at the City s expense Mr Pekar reminded that the cost of the project would escalate with changes The consensus of the Council was to direct the City Engineer to review the as -built drawings Mr Nicholas introduced Ms Kathleen Burson Landscape Architect with ParTerre Inc Ms Burson stated that she was hired to add embellishments to the existing structure She stated that a recommendation was made to raise the sign two courses or 16 -inches add the City Seal use larger letters and add landscaping to include date palms behind the sign She expressed that she would prefer landscaping behind the sign for a lush effect Mr Weber asked if there were a way to obscure the poles She stated that one of the palms would soften the effect of the pole Mr Weber expressed that modifying the sign at this point would change the effect of Ms Burson s plans Mayor Randels clarified that the direction for the City Manager and the City Engineer would assist the Board in making a determination Ms Shannon Roberts asked if there were a way to honor the City s historical heritage on the sign Mayor Randels encouraged Ms Roberts to attend the next Beautification Board meeting 11 Review of City Hall Complex Landscaping Plan Mayor Randels stated that this concept is separate and apart from the previously approved projects under the SR Al A grant funding Ms Kathleen Burson stated that the concept is more involved in that it calls for a paver walkway and gives emphasis to the City Hall entrance Ms Burson stated that this concept utilizes the date palms in the A1A project and requires additional cabbage palms She reviewed her concept explaining that a native combination and exotic mix would be used Mr Weber asked for the location of a replacement shuttle Mayor Randels stated that the shuttle was not included in the landscaping plans and including the shuttle was something for the Council to decide Mr Treverton expressed the thought of making the shuttle a focal point in the concept and then to give consideration to the landscaping Ms Mary Jo Laws pointed out that the former location of the shuttle might not provide enough space for landscaping Ms Burson suggested reorienting the design in order to make the shuttle a more integral part of the concept Mr Gene Petre asked how when and where would the City acquire a space shuttle? Mayor Randels related that the City Manager would have additional information on a shuttle cost estimate by the next regularly scheduled Council meeting on November 19th Ms Roberts related that her neighbor works in the space industry and he might appreciate an opportunity to participate Mr Gardulski stated that he could possibly reduce some of the cost for this project from the SR Al beautification project Mayor Pro Tem Petsos requested that staff look into utilizing the City Hall Annex area since working on City Hall landscaping is an indication that the City Hall location would not change City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 7 12 Establish Sidewalk Construction Priorities Mr Gardulski reported that at the last City Council meeting he provided the Council with a drawing on which to provide feedback on sidewalk construction He stated that he desired to install one of the arteries on the Prime Path Plan during the budget year He stated that the high traffic areas are the SRA1 A North Atlantic Avenue Central Blvd and Ridgewood Avenue Mr Gardulski asked if Council had any other streets to include Discussion followed on other possible streets Mayor Randels expressed the consensus that Orange Avenue is a priority for sidewalk installation Mr Weber stated that he would like to see Ridgewood Avenue completed due to multi -modal traffic Mayor Randels asked if sidewalk construction funding options was something the Council desired to discuss at this time Attorney Garganese stated that he is exploring a hybrid method using the special assessment criteria and impact fee provision for sidewalk installation on vacant property ORDINANCE First Public Heannq 13 Motion to Adopt Ordinance No 17 2002, Adopting the Amendment to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Funds Budgets for the Fiscal Year Beginning October 1, 2001 and Ending September 30 2002, for second reading Mayor Randels asked if all Council members had received the revised copy of the Agenda Some Council member stated that they had not Ms Bowers explained that this ordinance would adopt the budget transfers that occurred throughout fiscal year 2001- 2002 She stated that this is a summary and what is in the summary is already done Mayor Randels asked if adoption of this matter was time certain Ms Bowers replied that adopting the ordinance would require a second reading A motion was made by Mr Weber and seconded by Mr Morgan to Adopt Ordinance No 17 2002 for second reading 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 REPORTS 1 City Manager • Mr Boucher distributed the proposed flyer on the police referendum The flyers would be sent to all registered voter households and would state on the cover of the mailing that it is An Important Announcement from the City of Cape Canaveral • Mr Boucher reported that Health First would donate two Life Saver bracelets • Mr Boucher related that on the Christmas banner purchase Florida Power and Light expressed reluctance to allow a dual -arm banner on a wooden pole Mayor Pro Tem Petsos recommended that the City Engineers render a design to depict the safety factor City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 8 Mr Boucher reported on the health Insurance increase of 33 percent on medical insurance rates with Blue Cross/Blue Shield and a 69 percent increase on the dental insurance rates Mr Boucher stated that the Health Insurance Committee would convene with the Insurance Underwriter to review options to reduce the premiums He said that this might also necessitate a special meeting with the Council in order to make a timely decision Mr Boucher announced that the Traveling Skate Board Park would open on Thursday October 17th and continues throughout the weekend 2 Staff Public Works • No report CCVFD Chief Sargeant related that Prudential Insurance awarded a grant for six defibrillators and the station was presenting the donation from Mr Bennix and Mr Coddington on Thursday November 7th at 10 00 A M Budding Department No report City Clerk • Ms Stills reported that Florida City Government Week information is available in the City Hall lobby and includes information about the National Flood Insurance Program • Ms Stills asked Council to confer with Mrs Salamone on holding another Mock City Council Meeting this year • Ms Stills announced that Welcome Packets are being compiled and through a contact from Mayor Randels were given to Mr And Mrs Featherman of the Welcome Wagon for distribution City Attorney No report AUDIENCE TO BE HEARD • A resident inquired about the City's name on the overhead sign coming from the Port area Mayor Randels replied that the City Manager had contacted the Florida Department of Transportation and action was taken • John Jordan the husband of Dr Christine Storts of the Atlantic Animal Clinic spoke on the feral cat program in the County He related that the Feral Cat program in the County is not successful He stated that releasing feral casts back into the City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 9 environment is a threat to the community Mr Jordan asked for an ordinance prohibiting the support of releasing feral cats into the environment within the City of Cape Canaveral and adopting a resolution to forward to the Brevard County Commission stating the City s policy Mayor Randels commented that there are no records for who operates a feral cat colony Mr Gene Petre asked about the addressing assignment meeting Mr Boucher reported that the meeting went well He and staff met with approximately 30 people from the Cocoa Palms Mobile Home Park and foresaw a volunteer project to adhere addresses Mayor Randels thanked the City Manager as this is a life -safety issue Chief Sargeant stated for correction that there are eight 29 Cocoa Palms addresses Mr Gene Petre also asked for clanfication on the employee Health Insurance Mayor Randels clarified that the Council needed to make a decision to accept or amend the health insurance prior to the December 1 st renewal date Mr Weber requested a motion to extend the meeting until 10 15 P M A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to extend the meeting until 10 15 P M 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 • Ms Shannon Roberts related her concern about the width of the sidewalks due to the multi -modal traffic • Mr Bob Hoog related that he noticed an influx of children on scooters at night proceeding through stop signs Mayor Randels said that the consensus of the Council is for the Sheriffs office to address operating the scooters at night without lights as well as avoiding stop signs • Mr Nicholas invited the Council to a ceremony in honor of Veterans Day in the Veterans Memorial Park on November 11th at 11 00 A M • Mr Nicholas referred to Hertz Car Rental in that the company is still deficient in the area of a commercial property abutting a residential area without a fence hedge or wall Ms McNeely stated that the condition was that the company would follow the City ordinance 3 City Council Mr Morgan • Mr Morgan inquired about the prototype stormwater issue Mr Garduski replied that he had Stottler Stagg develop a one page drawing City of Cape Canaveral Florida City Council Regular Meeting October 15 2002 Page 10 Mr Weber Mr Weber announced Make a Difference Day on October 26th and said that he would meet volunteers for a Pepper Bust around the reclaimed water facility Mr Weber also announced that he planned to have pepper trees removed around the City sign on Friday Mr Weber commented on vehicles speeding off the Port overhead ramp Mr Treverton No report Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked when the City of Cocoa plans to repave Central Blvd as well as Commerce Street • Mayor Pro Tem Petsos commended the Recreation Center and the Youth Center staff for their work on the summer programs held at the Cape View Elementary School Mayor Randeis • No report The Chair adjourned the meeting at 1015 P M ADJOURNMENT Rocky Randels MAYOR Susan Stills CITY CLERK Meeting Type Regular Meeting Date 11/19/02 AGENDA H adm9 Consent Agenda It m 2 No Cable Television Franchise to Twean Subsidiary LLC and find no reason not to approve said request AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 200243 AUTHORIZING THE TRANSFER AND ASSIGNMENT OF CABLE TELEVISION FRANCHISE DEPT /DIVISION LEGISLATIVE Requested Action City Council considers the adoption of Resolution No 2002-43 authorizing the transfer and assignment of the Cable Television Franchise from Time Warner Entertainment Advance/ Newhouse Partnership to its wholly owned subsidiary Twean Subsidiary LLC as recommended by the City Attorney Summary Explanation & Background The City Attorney and I have reviewed Time Warner's request for the transfer and assignment of the Cable Television Franchise to Twean Subsidiary LLC and find no reason not to approve said request I recommend approval Exhibits Attached Resolution No 2002-43 City Attorney s Memo of 11 /8/2002 City M is Office ^ j Department RESOLUTION NO 2002-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, AUTHORIZING THE TRANSFER AND ASSIGNMENT OF ITS CABLE TELEVISION FRANCHISE FROM TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP TO ITS WHOLLY OWNED SUBSIDIARY, TWEAN SUBSIDIARY, LLC PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council received on or about July 22 2002 Time Warner Entertainment L P d/b/a Time Warner Cable s ( Time Warner ) Federal Communication Commission Application For Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise (FCC 394) wherein it desires to transfer and assign its interest in the City s cable franchise from Time Warner Entertainment Advance/Newhouse Partnership to its new wholly owned subsidiary TWEAN Subsidiary LLC ( Subsidiary ) in order to continue the provision of cable services to the citizens of Cape Canaveral and WHEREAS it is the intent of the transfer and assignment for Subsidiary to continue to provide cable services in accordance with the terms and obligations set forth under the existing cable franchise agreement between the City of Cape Canaveral and Time Warner which expires on November 1 2004 and WHEREAS the City Council deems it to be in the best interests of the health safety and welfare of the citizens of the City of Cape Canaveral to grant and approve Time Warner s application to transfer and assign its interest in the City s cable franchise to Subsidiary NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, AS FOLLOWS Section 1 Recitals The foregoing recitals are affirmed and incorporated as part of this resolution Section 2 Approval of Transfer and Assignment Upon consideration of and reliance upon the material representations made by Time Warner Entertainment Advance/Newhouse Partnership and Time Warner in its FCC 394 Application For Franchise Authority Consent to Assignment or Transfer of Control of Resolution No 2002 43 City of Cape Canaveral Page 1 of 2 Cable Television Franchise and upon further consideration of the information contained therein togetherwith the supplemental information and documents provided by Time Warner and Advance Newhouse in support thereof the City of Cape Canaveral approves and agrees to the transfer and assignment of its cable franchise from Time Warner to Subsidiary including any such other name Subsidiary intends to conduct business thereafter In its approval of the transfer and assignment the City of Cape Canaveral recognizes that Advance/Newhouse will manage the day to day operations of Subsidiary and will assume and be wholly responsible for providing quality cable services to the City of Cape Canaveral consistent with the terms and obligations of the existing cable franchise agreement between Time Warner and the City of Cape Canaveral and expiring on November 1 2004 Furthermore the City of Cape Canaveral acknowledges that it will approve the subsequent transfer and full control and ownership of Subsidiary to Advance/Newhouse Partnership providing thatfull and continued compliance with the terms and conditions of City s cable franchise agreement are satisfactorily met Section 3 Separability If any section paragraph subdivision clause sentence or provision of this Resolution shall be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect impair invalidate or nullify the remainder of this Resolution but the effect thereof shall be confined to the section paragraph subdivision clause sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered Section 4 Repeal of Prior Inconsistent Resolutions All prior inconsistent resolutions adopted by the City Council are hereby repealed Section 5 Effective Date This resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral Florida Resolved by the City Council of the City of Cape Canaveral Florida in a regular meeting assembled on this day of , 2002 ATTEST ROCKY RANDELS Mayor Susan Stills, City Clerk Resolution No 2002 43 City of Cape Canaveral Page 2 of 2 BROWN, WARD, SALZMAN & WEISS, P A Usher L Brown Suzanne D Agresta Anthony A Garganese Gary S Salzman John H Ward Jeffrey S Weiss Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer Board Certified City County & Local Government Law Attorneys at Law Offices m Orlando Kissimmee Cocoa & Viera November 8 2002 Bennett C Boucher City Manager City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 Re Transfer/Assignment of Cable Franchise Agreement to TWEAN Subsidiary LLC Our File No 513 001 Dear Bennett Debra S Babb Jeffrey P Buak John U Biedenharn Jr Joseph E Blitch Jennifer A Michael Todd K Norman Michelle A Reddin Vincent E Scarlatos Erin J O Leary Of Counsel On or about July 23 2002 the City of Cape Canaveral together with other cities and counties within the Central Florida area received an Application For Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise (FCC 394) prepared and filed by Time Warner Entertainment Company L P d/b/a Time Warner Cable ( Time Warner ) seeking to transfer and assign its interests in the City of Canaveral s cable franchise to a newly formed subsidiary TWEAN Subsidiary LLC ( Subsidiary ) of which Time Warner and Advance Newhouse ( AN ) will be its general partners In short we are recommending that the City of Cape Canaveral approve the proposed transfer as set forth under Time Warner s FCC 394 and that this matter be placed on the City Council s agenda for consideration at its November 19 2002 meeting In accordance with Federal Communication Commission regulations and the Cable Communications Policy Act of 1984 and Telecommunication Act of 1996 each jurisdiction receiving a FCC 394 has 120 days to consider the application for approval or denial Failure to take affirmative action within the 120 day period will result in an automatic approval of the transfer and assignment and will constitute a waiver of any outstanding issues or matters the City may have relating to its cable franchise prior to the transfer Taking affirmative action to approve the transfer and assignment and address any outstanding issues relating to the existing cable franchise will allow the City to preserve such issues if any upon approval 225 East Robinson Street Suite 660 P O Box 2873 Orlando Florida 32802 2873 Orlando (407) 425 9566 Fax (407) 425 9596 Kissimmee (321) 402 0144 Cocoa & Viera (866) 425 9566 Website www orlandolaw net Email firm@orlandolaw net Bennett C Boucher City Manager November 8 2002 Page 2 Upon transfer Time Warner will continue to participate in the Subsidiary to the extent that all programming purchases will be the responsibility of Time Warner AN will be responsible for the management and day to day operations of the Subsidiary as it relates to the City s cable system Furthermore AN has represented that Time Warner s personnel will not be replaced and will remain in order to continue to provide the highest level of customer service to its customers Upon transfer the City will continue to benefit from the collection of the Communications Services Tax based upon the variety of cable and cable related services provided under the existing cable franchise agreement As of October 22 2002 AN and Subsidiary received a credit rating of A2 (stable) and A (stable) by Moody s Investor Service and Standard & Poor s Rating Service respectively upon review of their revolving credit facility outstanding term loan(s) and private placement senior notes As a result AN and the Subsidiary appear financially capable of undertaking the City s cable franchise interests Based upon prior representations by Time Warner AN and Subsidiary AN boasts one of the highest debt ratings in the cable industry Numerous jurisdictions have recently approved the transfer and assignment of their respective cable franchises to Subsidiary including the Cities of Belle Isle Belleview Casselberry Center Hill Deland Edgewater Edgewood Oviedo Palm Bay Rockledge Titusville Wildwood Windermere and Winter Park In addition Brevard Flagler and Sumpter Counties have recently approved the transfer and assignment In addition the Cities of Cocoa Lake Mary Ocoee Orlando and Winter Springs are currently scheduled to approve the transfer and assignment this month together with the Counties of Volusia Seminole and Lake In light of such considerations we are recommending that proposed Resolution No 2002 43 approving the transfer and assignment of the City s cable franchise to Subsidiary be placed upon the agenda for consideration by the City Council at its meeting of November 19 2002 Very, r y yours ony A Garganese City Attorney AAG mm Resolution No 2002 43 enclosed F \Lawyer\VES\City of Cape Canaveral\Correspondence\Letter to B Boucher 11 08 02 wpd Meeting Type Regular Meeting Date 11/19/02 AGENDA Heading Consent Agenda It m 3 No Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002-44 REAPPOINTING TWO REGULAR MEMBERS TO THE BEAUTIFICATION BOARD DEPT /DIVISION BEAUTIFICATION Requested Action City Council considers the reappointment of Judy Hale and Elizabeth Mars as Regular Members of the Beautification Board Summary Explanation & Background Both individuals have indicated they wish to serve another term that will expire on11/1/2004 1 recommend approval Exhibits Attached Resolution No 2002-44 Reappointment Letters City Man s Office r i' Department � s RESOLUTION NO 200244 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA REAPPOINTING TWO REGULAR MEMBERS 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 Code Section 2 181 established 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 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 Judy Hale and Elizabeth Mars are hereby reappointed as regular members of the Beautification Board of the City of Cape Canaveral Florida with terms 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 19th day of November 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Bob Hoog Susan Stills CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM Richard Trevereton Anthony Garganese CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Beautification doc I I U V VCial 111 IyWI I r%vri IUC Cape Canaveral FL 32920 Dear Mrs Hale -ity of Cape Canaveral Your term on the Beautification Board expires on November 1, 2002 Please check the box that indicates your desire to continue to serve on the Board for another two 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 November 19 2002 Thank you 2""1 DO wish to be considered for reappointment ❑ 1 DO NOT wish to be considered for reappointment (Signature) Beificat n Board Regular Member Sincerely Susan Stills CMC CITY CLERK 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 Cape Canaveral FL 32920 Dear Ms Mars ;1ty of Cape Canaveral Your term on the Beautification Board expires on November 1 2002 Please check the box that indicates your desire to continue to serve on the Board for another two 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 November 19 2002 Thank you I DO wish to be considered for reappointment El I DO NOT wish to beco sidered for reappointment (Signature) uta tion Board IjWeduladember Sincerely Susan Stills CMC CITY CLERK 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 11/19/02 AGENDA Head ng Resolutions It m 4 No City Manager's Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002-45 ELECTING A MAYOR PRO TEM DEPT /DIVISION LEGISLATIVE Requested Action City Council considers from its members the selection of a Mayor Pro Tem Summary Explanation & Background Please advise Exhibits Attached Resolution No 2002-45 City Manager's Office Department �L RESOLUTION NO 2002-45 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, PROVIDING FOR AN EFFECTIVE DATE WHEREAS Article V Section 4 of the Charter of the City of Cape Canaveral Florida requires the City Council to annually elect from its membership a Mayor Pro Tem NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 is hereby elected as Mayor Pro Tem of the City of Cape Canaveral Florida said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem in conformity with the City Charter and to serve in such capacity until the next annual election SECTION 2 This Resolution shall become effective immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of ATTEST Susan Stills CITY CLERK APPROVED AS TO FORM 2002 Anthony Garganese CITY ATTORNEY Rocky Randels MAYOR FOR AGAINST Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton \\cape nt\citycierk\atycik\resoiutions\elections\2002 mayor pro tem appointment doc Meeting Type Regular Meeting Date 11/19/02 AGENDA Heading Resolutions Item 5 No I recommend approval AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002-46 APPROVING THE FINAL RE PLAT OF JEFFERSON VILLAS PHASE II DEPT /DIVISION LEGISLATIVE Requested Action City Council considers the approval of the final re plat of Jefferson Villas Phase II as recommended by the Planning and Zoning Board Summary Explanation & Background The Planning & Zoning Board on 10/23/02 recommended approval of this final re plat of Jefferson Villas — Phase II I recommend approval Exhibits Attached Resolution No 2002-45 Plat Map distributed in Council Member's Mailbox City Man is Office , Department RESOLUTION NO 2002 45 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINALRE PLAT OF "JEFFERSON VILLAS PHASE II", AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Thomas Quinn has complied with the platting procedures of the City of Cape Canaveral Florida NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The Final Re Plat for Jefferson Villas — Phase II Section 23 Township 24 South Range 37 East Lots 9 and 10 and the West 25 Feet of Lot 11 Block 7 Avon by the -Sea is hereby approved plat SECTION 2 The Mayor and City Clerk are hereby authorized to execute said SECTION 3 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Bob Hoog Susan Stills CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM Richard Treverton Anthony Garganese CITY ATTORNEY \\Cape nt\cityclerk\CityCik\Resolutions\PLATS\FINAL\Jefferson Villas Phase 11 doc Date October 24 2002 To Bennett Boucher City Manager Susan Stills City Clerk From Bea McNeely Chairperson Planning & Zoning Board Re Jefferson Villas Phase II Final Replat At the Planning & Zoning Board meeting held on October 23 2002 the Board members by unanimous vote recommended approval of the above referenced final replat Thank you for your consideration Meeting Type Regular Meeting Date 11/19/02 AGENDA Heading Resolutions It m 6 No where staff and County E 911 explained the benefits and process of getting Cocoa Palms Trailer AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002-47 OFFICIALLY NAMING COCOA PALMS AVENUE COCONUT STREET RATTAN AVENUE SABAL AVENUE AND SAGO CIRCLE DEPT /DIVISION PUBLIC SAFETY/ BUILDING DEPARTMENT Requested Action City Council considers the adoption of Resolution No 2002 47 to officially name Cocoa Palms Avenue Coconut Street Rattan avenue Sabal Avenue and Sago Circle Summary Explanation $ Background All the above street names have been approved by Brevard County E 911 The attached information on address assignment was distributed at a recent homeowners meeting where staff and County E 911 explained the benefits and process of getting Cocoa Palms Trailer Park units in the E-911 system I recommend approval of this Resolution Exhibits Attached Resolution No 2002-47 Background documents on E 911 City Man s Office � Department —z&�_ _ RESOLUTION NO 2002-47 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA TO OFFICIALLY NAME COCOA PALMS AVENUE, COCONUT STREET, RATTAN AVENUE, SABAL AVENUE AND SAGO CIRCLE LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY FLORIDA TO PLACE THE NAMED ACCESS/DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City of Cape Canaveral Brevard County Florida has been requested to name the following private access/driveways Access/driveways located in Section 22 Township 24 South Range 37 East Parcel 510 as indicated in the Official County Records Books 3533 Page 4685 identicated on the attached map marked Exhibit A and WHEREAS the above described access/driveways should be named to improve location identification for 9 1 1 purposes NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Brevard County Florida that SECTION 1 That Cocoa Palms Avenue Coconut Street Rattan Avenue Sabal Avenue and Sago Circle be adopted for the above-described access/driveways SECTION 2 By naming these access/driveways the City of Cape Canaveral in no way accepts maintenance responsibilities for said access/driveways SECTION 3 It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said access clear and accessible for emergency vehicles SECTION 4 This naming shall become effective upon adoption of this resolution SECTION 5 This Resolution be recorded in the Official Records Book in the office of the Clerk of the Circuit and County Courts and a copy of same be forwarded to the Post serving that area Supervisor of Elections and all concerned public safety agencies for their information and the proper notations be made on all maps of record \\Cape nt\cityclerk\CityCik\Resolutions\STREETS\Cocoa Palms Coconut Rattan Sabal Sago doc City of Cape Canaveral Florida Resolution No 200247 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 1 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Bob Hoog Susan Stills CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM Richard Treverton Anthony Garganese CITY ATTORNEY EXHIBIT A" AIA N ' - = •- Manna s Banana River 4 APPLICANT NAME(S)/ADDRESS Wallace Eberwein Eberwein Parks Partnership P 0 Box 635 Cape Canaveral FL 32920 OWNER NAME(S)/ADDRESS Eberwein Parks Partnership LTD IP3 We t King Street Orlando FL 32804 RADIUS MAP 2 12 n �a 52 50 55 51 ss m 5 SI Brevard County Property Apprai er Jim Ford Based on data from the Property Appraisers Office iv to n 18 � 2s z� I sa n m 27 i R. 40 U 42 45 45 +s R � W14 S1 MELD iH Ti lYEW u rc�n J' This map wa compiled from ecord d documents and does not eflect an ctuat survey The B ewrd Co My Board of Comm sssone s P operty Appraise nd C og aphis 1 f motion Seances d not sume esponnhility fo er ors or mmissions onto ed he eon Produced by Brevard County Property Appraiser Office Glq Noiember 05 2002 BUFFEP DISTANCE 500 FEET MAP SCALE IS 16000 (one inch 500 feet) LEGEND} Notification buffer IN Parcel/lot boundaries Number on map correspond to marlin list U U) N 0 age 4 O >e/ m c i cl 30 y y N O C > o o c 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•v r v c ,40 aA� ad g M in C� C, Qcl- PQC- C- c- C, c - tj P. o o� pW ?, ?, to P. w o1 S o 0 Meeting Type Regular Meeting Date 11/19/02 AGENDA Heading Considerations Item 7 No As the Fire Chief indicated the City and Port will have to fund approximately $6 000 next year in AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT EMERGENCY MEDICAL SERVICES COST SHARING AGREEMENT WITH BREVARD COUNTY DEPT /DIVISION PUBLIC SAFETY/ FIRE Requested Action City Council considers approval of the annual Emergency Medical Services cost sharing agreement with Brevard County as recommended by the Fire Chief Summary Explanation & Background This year the City and Port will each receive $29 681 77 for a total cost share of $59 363 54 last years amount was $53 965 48 As the Fire Chief indicated the City and Port will have to fund approximately $6 000 next year in consumable medical supplies I recommend approval Exhibits Attached Fire Chiefs Memo —11/12/02 Agreement City Mg s Office Department �y 7 CAPE CANAVERAL VOLUNTEER EIRE DEPARTMENT, INC Serving the city o, f Cape Canaveral & Canaveral Port Authority MEMORANDUM To Bennett Boucher City Manag From David J Sargeant Fire Chief Date 12Nov02 RE EMS Cost Sharing Agreement Please agenda the 2002/2003 EMS contracts that I have provided for the next Council meeting Note that there are two significant changes First the County increased our share by 10% The second is that the County will no longer provide us with consumables after December 31 2002 This will impact CCVFD s budget as we depend on these supplies and don t normally budget for them We will try to get by this year without a contract change and increase but will have to budget these funds next year The total share this year will be $59 363 54 This will be split equally between the City and the Port for a total of $29 681 77 each Should you need any further information please feel free to contact me Thank you for your continued support Britton 1 190 IA( K50N AVE+NUF • ( APr ( ANAVERAI I I ORIDA 32920 • (321) 783 4777 • 1 AX (321) 783 5398 Yawn 2 8970 ( 01 UNIBIA ROAD s ( APF ( ANAVFRU I I GRID k 3?920 9 (321) 783 4424 9 1 AX (321) 783 4557 BREVAR( 7v"" BOARD OF COUNTY COMMISSIONERS PUBLIC SAFETY DEPARTMENT 1040 S FI d A Rock] dg FL 32955 November 7, 2002 Dear Chief Sargeant, FLORIDA S SPACE COAST T I pho a (321) 633 2056 F (321) 633 2057 I have enclosed this fiscal year s First Responder contract, please review for accuracy I am planning on submitting an agenda for all municipal First Responder contracts for the DeLember 3, 2002 Board meeting It would be appreciated if you could return 2 authonzedlsigned agreements prior to the December 3 ° omeeting if you are unable to do so, and providing you believe your Councll will approve the contract without changes I will submit unsigned copies to the Board of County Commissioners for approval Please contact me if you have any questions on Tuesday, November 12`h Thank you S C.t-t �qack Parker, Director Brevard County Public Safety Department I am on leave this week but expect to return PRINTED ON RECYCLED PAPER YunL1�. aArr.l Y 11L+YAK11V11�.1V 1 YKVlsKA1V1 C.riA1VlTL�, JUa111+11,A11U1V UNFUNDED PROGRAM Fire Rescue Operations PROGRAM CHANGE I First Responder Program TITLE MANDATED (YES OR NO) No FEDERAL(F) STATE(S) LOCAL(L) SUPPORT SERVICES(SS) MANDATE TITLE PROGRAM CHANGE DESCRIPTION The Space Coast Fire Chief's Association is recommending a ten percent (10%) increase to the first responder funding JUSTIFICATION The municipal fire chiefs have advised that the funding for the First Responder Program was increased a total of 3 5 A over the past four (4) fiscal years (since the inception of the program) The Chiefs have advised that the costs of providing high quality first responder services have increased sharply As a result the Chiefs are requesting the authorized funding be mcreased 10% for FY 2002/2003 If authorized, this increase will equate to an additional $143 081 over the $1430 815 of funding authorized at this time The $143 081 of requested funding would require an increase to the Countywide EMS assessment rates of $0 68 per year If authorized the new fust responder rates would be the following Current Proposed ALS Engine/Squad $25 424 03 $27 966 43 Advanced BLS Engine/Squad $14 747 17 $16 221 88 Consumable Supplies/EMS Call $4 19 $461 Medical Direction — BLS/ALS Call $148/$251 $163/$276 OUTCOME OF PROGRAM CHANGE Authorized First Responder agencies will continue to have the financial incentive to provide and maintain the highest quality of first responder services for Brevard County citizens and visitors The additional funding will assist these agencies with acquiring state of the art equipment and compensating highly skilled EMS professionals to maintain a quality workforce FISCAL IMPACT FUNDING SOURCE(S) Increase Residential and Commercial EMS Assessment Rates $0 68 EXPENDITURES REVENUES Recurring Costs Revenues Generated Compensation And Benefits As A Result Of The Operating Expenses $ 143 081 Program Change $ $143081 Capital Outlay Total Recurring Costs $ $143081 Non Recurring Costs Compensation And Benefits Operating Expenses Capital Outlay Total Non Recurring Costs Total Expenditures $ $143081 PERSONNEL IMPACT ALTERNATIVE STATEMENT First Responder funding will be provided at the level approved by the Board of County Commissioners PS 12 Sep -26-02 11 41 CANAVERAL FIRE #52 321 783 4887 P 02 anc "ray � rucx- I � SHr-M IT ab / W. -Ut> / H 02 02 FIRST RESPONDER PROGRAM FY 2002/2003 CITY OF f CCA0.UE,rU,,-1 h✓�.% d�2'�/`��J o� r �J NUMBER OF ADVANCED LIFE SUPPORT UNITS IN SERVICE ON OCT 1, 2002- 4 NUMBER OF ADVANCED BAST Z LIFE SUPPORT UNITS 1N SERVICE 014 OCT 1, 2002 & NUMBER OF EMS CALLS FOR CALENDAR YEAR 2001 COMMENTS (OPTIONAL) — *For the purpose of the "First Responder Agreement' "first response unit" must be an engine or squad which has permanently assigned personnel who are immediately available to provide first response services 24 hours per day, 7 days per week. A unit which utilizes or depends on (or "shares ) personnel assigned to other units (engines, specialty vehkies) etc ) are not recognized as first response units and will not be authorized to receive first responder funding Please return (fax 633 2057) to Jack Parker by Monday, September 30, 2002, if possible TOTAL P 02 AGREEMENT This Agreement entered into this 3rd day of December 2002 by and between the CITY OF CAPE CANAVERAL hereinafter referred to as the City and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida hereinafter referred to as the County WHEREAS, the County has authorized a portion of the Emergency Medical Services Assessment be utilized to assist Primary First Responders with delivery of emergency medical care and WHEREAS, the County authorized an increase to the Emergency Medical Services Assessment to provide funding to Primary First Responder Agencies and WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic Aid Agreements and WHEREAS, the First Responder funding provided to each agency will assist in the improvement and quality of Emergency Medical First Response Service and WHEREAS, the First Responder Program provides an incentive for Primary First Responder Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons awaiting ambulance transport and WHEREAS during the budget process Fiscal Year 2002/2003 the Board of County Commissioners authorized the First Responder Program to continue with a 10% increase over the previous year and WHEREAS, it has been proven that early intervention by highly trained first responders greatly improves a patients chance of survival NOW, THEREFORE, in consideration of the sum of $59 363 54 and consumable medical supplies not to exceed $5 730 23 the receipt and sufficiency of which is hereby acknowledged by the City and the County the parties hereto do hereby enter into this Agreement under the terms and conditions set forth herein SECTION 1 RECITALS The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part hereof SECTION 2 DEFINITIONS Primary First Responder Paid Fire Fighters who have the primary responsibility of providing First Responder Services Advanced Basic Life Support The utilization of Certified Emergency Medical Technicians who are trained and equipped with Automatic External Defibrillators and Advanced Airway Devices and can perform all aspects of Basic Life Support care Advanced Life Support The utilization of Certified Paramedics who are trained and equipped to perform all aspects of Advanced Life Support care Front Line Unit A fully staffed engine or squad utilizing paid personnel assigned to immediately and primarily respond on a 24 hour basis to a specific jurisdictional area SECTION 3 TERM This Agreement shall be effective upon the signing of both parties for one (1) year SECTION 4 SERVICES PROVIDED The City Fire Department agrees to provide First Response Emergency Medical Services to all persons in need of medical assistance within their area of jurisdiction and in accordance with any Auto or Mutual Assistance Agreement the City may have with another jurisdiction Service shall be provided utilizing qualified certified and equipped Emergency Medical Technicians and/or Paramedics r4 SECTION 5 COMPENSATION/PAYMENT The County agrees to pay* the City of Cape Canaveral the sum of $27 966 43 for each of 2 Advanced Life Support Front Line Unit(s) $3 430 68 for Medical Direction Fees and consumable supplies not to exceed a value of $5 730 23 Brevard County Fire Rescue will no longer provide consumable supplies after December 31 2002 The City will receive funding from the County for the balance of their unused consumable supply account These checks will be separately processed in January of 2003 to expedite transferring the funds from the County to the City Payment for the first response units and Medical Direction for the fiscal year will be processed in February of 2003 *The payment will be made to Cape Canaveral Volunteer Fire Department at the request of the City Manager SECTION 6 POINTS OF CLARIFICATION The First Responder Rate Schedule (attached hereto as Attachment A ) applies to the units which provide either Advanced Basic Life Support or Advanced Life Support First Response for the entire fiscal year commencing October 1 2002 The County will provide first responder funding for units placed in service after October 1" on a pro rated basis utilizing a daily pro rating method For the purposes of this Agreement a first response unit must be an engine or squad which has permanently assigned personnel on each shift who provides first response services 24 hours per day 7 days per week A unit which utilizes or depends on or shares personnel assigned to other units (engines specialty vehicles etc ) are not recognized as first response units and will not be authorized to receive first responder funding SECTION 7 TERMINATION OF AGREEMENT This Agreement may be terminated by the City or the County for any reason upon providing thirty (30) days written notice to the other party 3 The County has the sole authority to approve of an acceptable level of care which must be provided by the City If the County determines that the service levels provided by the City have declined below the established acceptable level of care the County may at its option provide the City with notice of the decline and an opportunity to cure or immediately terminate this Agreement upon written notice In the event of any termination by the County or City pursuant to this Section the City agrees to return a pro rated amount of First Responder funding to the County from the effective date of termination through September 30 2003 SECTION 8 NOTIFICATION Notifications should be sent to the following personnel and addresses Fire Chief David Sargeant Cape Canaveral Volunteer Fire Department 8970 Columbia Rd Cape Canaveral Fl 32920 Jack Parker Public Safety Director Brevard County Public Safety Department 1040 S Florida Avenue Rockledge Florida 32955 SECTION 9 ATTORNEY S FEES AND COSTS In the event of any litigation between the parties arises out of this Agreement each party shall bear its own attorney s fees and costs SECTION 10 SEVERABILITY If any section paragraph sentence clause phrase or word of this Agreement is for any reason held by a Court to be unconstitutional inoperative or void such holding shall not affect the remainder of this Agreement SECTION 11 LIABILITY Each party to this Agreement will be responsible for their own negligence and will maintain appropriate insurance as necessary to meet any incurred liability under Section 768 28 F S Nothing in this Agreement shall be construed to waive the limited liability conferred to both parties to this Agreement under Section 768 28 F S 4 SECTION 12 AUDITING, RECORDS AND INSPECTIONS In the performance of this Agreement the City shall keep books records and accounts of all activities related to the Agreement in compliance with generally accepted accounting procedures Books records and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement All books records and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act Chapter 119 Florida Statutes No reports data programs or other materials produced in whole or in part for the benefit and use of the County under this Agreement shall be subject to copyright by the City in the United States or any other country County SECTION 13 ASSIGNABILITY The City shall not assign any portion of this Agreement without the written permission of the SECTION 14 JURISDICTION, VENUE AND CHOICE OF LAW All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County Florida which shall be deemed proper jurisdiction and venue for the action SECTION 15 ENTIRE AGREEMENT This Agreement including the exhibits riders and/or addenda if any attached hereto sets forth the entire Agreement between the parties This Agreement shall not be modified except in writing and executed by all parties 5 SECTION 16 AUTHORIZATION/EFFECTIVE DATE Effective date of this Agreement will be October 1 2002 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above ATTEST Scott Ellis Clerk ATTEST UZ LM AS APPROVED BY THE BOARD ON DECEMBER 3 2002 CITY OF CAPE CANAVERAL IM 6 ATTACHMENT A FIRST RESPONDER RATE SCHEDULE Paid Full Time Advanced Life Support Unit $27 966 43 Paid Full Time Advanced Basic Life Support Unit $16 221 88 Consumable Supplies *Allowable Per Call $ 461 Advanced Life Support Medical Direction *Allowable Per Call $ 276 Basic Life Support Medical Direction *Allowable Per Call $ 163 *Call Load Based on Previous Calendar Year (Close Out) Totals For the purpose of the First Responder Agreement first response unit must be an engine or squad which has permanently assigned personnel who are immediately available to provide first response services 24 hour per day 7 days per week A unit which utilizes or depends on (or shares ) personnel assigned to other units (engines specialty vehicles etc ) are not recognized as first response units and will not be authorized to receive first responder funding 7 Meeting Type Regular Meeting Date 11/19/02 AGENDA Head g Discussion Item g N The proposal will be distributed upon receipt AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT SEWER RATES DEPT /DIVISION LEGISLATIVE Requested Action Council Member Morgan is requesting that City Council evaluate the commercial sewer rates and not implementing the January 1 2003 3% sewer rate increase Summary Explanation & Background The City Treasurer has contacted our rate consultant Burton & Associates to get a proposal to update the sewer rate model to see if we can accommodate Council Member Morgan s request The proposal will be distributed upon receipt Exhibits Attached N/A Cur's Offic Department