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HomeMy WebLinkAboutPacket 03-06-2001CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: -ity of Cape Canaveral 4CIL REGULAR MEETING TY HALL ANNEX iue, Cape Canaveral, Florida TUESDAY March 6, 2001 7:00 PM AGENDA PRESENTATION: Cape Canaveral Hospital CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 6 & February 20, 2001. CONSIDERATIONS: 2. Interview of Business & Cultural Development Board Applicant, Elizabeth Foy. 3. Motion to Approve: Request by the Friends of the Cape Canaveral Library, Inc. to use the City Seal for Promotional Products. 4. Motion to Approve: Renewal of Landscaping & Mowing Contract. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 01-07, Supporting the Establishment of AMTRAK Passenger Rail Service between Jacksonville and West Palm Beach. 6. Motion to Adopt: Resolution No. 01-08, Amending the Retirement Plan and Trust. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 . FAX (321) 799-3170 . fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 2 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2001 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, Assistant City Clerk Andrea Bowers, City Treasurer Morris Reid, C.B.O., Building Official Ed Gardulski, Public Works Director Nancy Hanson, Recreation Director Chief Dave Sargeant, CCVFD PRESENTATION: Kim McIntire and Suzanne Sparling Recognition of the 2000 Reindeer Run 5K Proceeds to United Way; $10, 334.62. Ms. McIntire thanked the Reindeer Run sponsors with a token of appreciation. She also presented a check to Mr. Rob Raines of the United Way for $10, 000. Mr. Raines thanked the City for the voluntary donation and remarked that the race was selected as one of the Runner -of -the -Year series. He stated that this check would represent the first donation in the 2001 United Way Campaign year. He presented plaques to Ms. McIntire and Ms. Sparling for their work on the Reindeer Run. Mayor Randels and Mr. Boucher presented them both with roses on behalf of the City. Ms. Linda Frank, Waste Management, responded to questions from Council members regarding the recycling program. Mr. Bruns questioned why the early starting hour for the program? Ms. Frank responded that the goal is to have trucks parked by 5 P.M, three days a week. Mr. Weber thanked Ms. Frank for Waste Management's assistance during the January 20th Citywide clean up. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 2 CONSENT AGENDA: Mayor Randels read the Consent Agenda items and asked if anyone wanted to remove an item for discussion Mr. Treverton requested that Item 2 be removed from the Consent Agenda. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Consent Agenda Items 1 , 3, 4, 5 and 6. The motion for approval of Consent Agenda items 1 , 3, 4, 5 and 6 passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. City Council Regular Meeting Minutes of January 16, 2001. 3. Renewal of the Street -Sweeping Contract with USA Services of Florida, Inc. 4. Outdoor Entertainment Permit for the Patriot's Day Parade, March 10, 2001. 5. Adopt a Park Agreement with the United Space Alliance, National Management Chapter 830. 6. Waiver of Shuffleboard Court Fees for the Brevard County Special Olympics. ITEM NO.2 FROM THE CONSENT AGENDA 2. Lifeguard Contract with Brevard County, $9,292. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to approve the Lifeguard contract with Brevard County in the amount of $9,292. Mr. Treverton commended the City on its decision to use such a cost effective program. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. CONSIDERATIONS: 7. City Manager's Annual Evaluation A motion was made by Mr. Treverton and seconded Mr. Petsos to table further discussion on the City Manager's Annual Evaluation. Mayor Randels reported that he had met with Mr. Boucher to discuss his evaluation and he was not ready at this time to submit a completed evaluation for review with the Council. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 3 8. Proposal by Stottler, Stagg and Associates to Design Left Turn Lanes on N. Atlantic Ave., Intersection of West Central Blvd. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Proposal by Stottler, Stagg and Associates to Design Left Turn Lanes on N. Atlantic Ave., at the Intersection of West Central Blvd. Mr. Gardulski recommended that Stottler, Stagg and Associates perform the design work to install a left turn lane on North Atlantic Avenue at the Intersection of West Central Blvd. Mr. Weber asked how this would impact the existing traffic lanes. Mr. Gardulski explained that lane size was decreased to 10 -feet and lanes were shifted to the west in order to accommodate the turn lanes. Mayor Pro Tem Petsos asked for an estimate on the construction cost. Mr. Pekar stated that no cost were derived as yet. Mayor Pro Tem Petsos queried if County funds were available as well as any funding from the Port for this project. Mr. Boucher responded that he would pursue additional County funding. Mr. Treverton expressed concern in using $16,000 from the Villages of Seaport escrow account for the project. Mr. Boucher explained that the Villages escrow account was allocated to fund a traffic light. Mayor Randels asked if the former plans and surveys used from the previous traffic signal study were available. Mr. Gardulski responded no previous information was available. Mr. Boucher stated funding from the County was not available to pursue the signal at that time. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 9. Authorization to Bid the Manatee Park Boardwalk Project. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Authorization to Bid the Manatee Park Boardwalk Project. Ms. Nancy Hanson, Recreation Director stated that this is an anticipated project that is being funded through the FRDAP Grant. She reported that Attorney McQuagge is currently reviewing the bid specifications. Ms. Hanson stated that the base bid requirement is wood, however she hopes to secure recycled lumber. Mr. Bruns clarified for discussion that this proposal is for the Boardwalk only. Ms. Hanson responded to Mr. Bruns' concern regarding the mangroves in that planting was not done within the planned Boardwalk area. Mayor Pro Tem Petsos questioned if a fishing area would be provided since construction in the Port area obstructed the annual Fishing Contest. Ms. Hanson responded that plans for a fishing area could be included at a later date. Ms. Hanson responded to Mr. Weber that a total of $112,500 in grant funds was secured for this $150,000 project. Ms. Hanson clarified for Mr. Treverton that the City would be reimbursed up to seventy-five percent in expended funds. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For, . City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 4 RESOLUTIONS: 10. Mayor Randels read Resolution No. 01-04 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A RECLAIMED WATER CONNECTION FEE SCHEDULE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to adopt Resolution No. 01-04, establishing a Reclaimed Water Connection Fee Schedule. Mr. Gardulski stated that this rate was based on Council's advice to charge the full cost for connection to reclaimed water. Mr. Gardulski stated that grant funding is exhausted for reuse water. Mr. Gardulski responded to Mr. Bruns' query in that vacant lots would not be connected. Mr. Treverton asked about the number of people who paid however were still not connected and asked if money would be refunded. Attorney McQuagge stated that he did not foresee a problem with a refund prior to the effective date of the new charges. Mr. Gardulski stated that those who paid would be grandfathered in after the effective date. Mr. Nicholas asked if current policy included buildings that were not issued a Certificates of Occupancy. Mr. Reid, Building Official, responded that a multi -family dwelling could connect to reuse water at the point of landscape installation and prior to being issue a Certificate of Occupancy. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. DISCUSSION: 11. Overview of a Stormwater Utility, City Treasurer. This discussion item was postponed until the next scheduled meeting on February 20, 2001 due to technical difficulties. 12. Brevard County School Board's Policy on the Use of District Facilities. Mr. Boucher explained that the School Board is soliciting input from the Council on its policy regarding use of district facilities. Mr. Bruns thought the policy reasonable in light of the staff needed to use school facilities. Mayor Randels related that currently the principals of each school set policy for the facilities use. Mayor Pro Tem Petsos stated that the superintendent's intent is that outside playgrounds should be made available to the residents of the community. Mayor Pro Tem Petsos reported that the League of Cities formed a Committee to discuss this issue. As a committee member, he would provide feedback to the Council. Mayor Pro Tem Petsos clarified for Mr. Weber that school grounds included the cafeteria and the auditorium. The consensus City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 5 REPORTS: City Manager • Mr. Boucher requested Council's permission to decommission the City's float the Alliance due to its unsafe conditions. Council agreed by majority to give the ship to Public Works to salvage parts. • Mr. Boucher reported that review is underway to amend the City's fireworks code and staffing requirements during the July 4th holiday. He would have a recommendation sometime in March. • Mr. Boucher reported that he met with the group interested in the Avon -by - the -Sea Annexation, he stated they would hold a meeting on February 17th. He pointed out that July is the time frame for a needed referendum ordinance in order to place this issue on the November ballot. • Mr. Boucher requested guidance on projects for funding with Mr. Bennix's donation. • Mr. Boucher reported that the Sand Fences are complete and requested a date for an volunteer project • Mr. Boucher reported on the Szapor lawsuit in that the lower court ruling prevailed with the 5th District Court of Appeals and Council agreed by majority to seek title to the property • Mr. Boucher announced that the Water Reclamation staff distributed information on conservation measures to City residents • Mr. Boucher related a request from Chief Sargeant to donate the Hearst (Jaws of Life) tool to another Fire department. A motion was made by Mr. Weber and seconded by Mr. Treverton to add donation of this Surplus Equipment as an Add -On Item. ADD-ON ITEM: A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to donate the surplus Hearst (Jaws of Life) Equipment to the Monticello Fire Department in Jefferson County. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. AUDIENCE TO BE HEARD: • Mr. Nicholas queried if one of the stipulations of the agreement with Fairvilla was to remove the Adopt -a -Road signs. Mr. Boucher agreed that it was so and will look into this matter. • Mr. Nicholas expressed concern with an proposed bike week at the Port. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 6 • Mr. Nicholas queried if one of the stipulations of the agreement with Fairvilla was to remove the Adopt -a -Road signs. Mr. Boucher agreed that it was so and will look into this matter. • Mr. Nicholas expressed concern with an proposed bike week at the Port. • Mr. Nicholas reported that in Indian River County a housing development is being proposed for the uninhabited islands. He expressed concern that such an action would nullifying clean-up efforts and impact the lagoon • Ms. Marilyn Rigerman stated that after the Board of Adjustment denied a variance in the course of working within the City code, she thought that an apology to the applicant from a Council member was unwarranted. REPORTS CONTINUED: City Clerk • No report City Attorney • Attorney McQuagge reported on the progress of the Reclaimed Water Conflict Resolution with Cocoa Beach. He has at this time received no response from Cocoa Beach in order to proceed however he will document all actions taken. Mr. Weber • Mr. Weber asked for a date on the Port meeting. • Mr. Weber thanked all participants in the January 20th City-wide Clean Up. Mr. Treverton • Mr. Treverton questioned if the City received any of the fees from fingerprinting done at the Canaveral Precinct. Mr. Bruns • Mr. Bruns related that he looked forward to Ms. Bowers presentation at the next meeting. • Mr. Bruns also related on the positive feedback at Cape View Elementary School and encouraged all to visit the school. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos thanked the United Space Alliance for its participation with the Adopt -a -Park program. • Mayor Pro Tem Petsos queried why a claim regarding trees on the Tezel property was paid although the plants were dead. Mr. Boucher stated that a claim was filed against the City regarding the plants. He stated that Ms. Kay McKee, Streets Supervisor, inspected the plants and found them substandard and diseased. He reported that the Insurance Company paid the claim unknown City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2001 Page 7 to him. Mayor Pro Tem Petsos expressed concern with a payment and subsequent increased premiums cost. • Mayor Pro Tem Petsos submitted three letters from Cape View students regarding gaps in the sidewalks that hinder riding a bicycle. • Mayor Pro Tem Petsos reported that Camp Chance would send 50 children to camp this year. • Mayor Pro Tem Petsos announced that the Youth Crime Watch would be instituted again at Cape View this year. • Mayor Pro Tem Petsos rel3orted on eleven sexual predators in the area and said that he would find out from the Sheriffs department how to proceed with alerting the public. • Mayor Pro Tem Petsos asked if the grass at City park could be watered • Mayor Pro Tem Petsos queried about lighting on A1A. Mr. Boucher responded that Florida Power and Light would execute a contract for $1,500. • Mayor Pro Tem Petsos related about a request for trees from the Mayor and Ms. McKee's response that planting 12 or 15 trees was possible. Mayor Randels • Mayor Randels reported that he spoke with Mr. Bennix and would like to show him that some progress is being made with the money he donated. • Mayor Randels announced the opening of the new Seafarer's Ministry and its positive atmosphere for shipboard staff. • Mayor Randels commended Stottler, Stagg on a substantial contract with the Port for an overpass construction. • Mayor Randels related a request from the Brevard Zoo for the City to support its continued allocation of funding from the Tourist Development Council. • Mayor Randels announced that a navy ship is in port and anticipating participation in a City project. • Mayor Randels related a resident's request for an Amnesty Day at the library. • Mayor Randels reported on the status of the SCAT trolleys and the proposal to schedule a fee to deter vagrant riders. ADJOURNMENT: There being no further business, a motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adjourn the meeting at 9:00 P.M. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. Rocky Randels, MAYOR Susan Stills, ASSISTANT CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 20, 2001 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL - MINUTES Council Members Present Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Morris Reid, C.B.O., Building Official Ed Gardulski, Public Works Director John Pekar, City Engineer, Stottler, Stagg & Associates. CONSENT AGENDA: Mayor Randels read the Consent Agenda items and asked if anyone wanted to remove an item for discussion. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Consent Agenda Items 1 through 3. 1. Update of the Consent Agenda Policy. 2. Authorize the Expenditure of $7,800 for Cleaning of Ductile Iron Sewer Line. 3. Emergency Repair of a Sanitary Sewer Line. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 2 The motion for approval of Consent Agenda passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. CONSIDERATIONS: 4. Authorization for Design & Permitting of the Replacement of Sewage Pump Station #4 and Force Main. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Approve Authorization for Design & Permitting of the Replacement of Sewage Pump Station #4 and Force Main. Mr. Boucher explained that late in 1999 Stottler, Stagg and Associates was commissioned to perform a study on the facility. The recommendation was to replace the pumping station along with relocating a force main. A four -inch force main currently exists and the firm recommended installing an eight -inch main. Mr. John Pekar of Stottler, Stagg explained that this is a 35 -year old station with outdated parts. The area has increased in effluent use and the pump station has leakage in the underground work area. The firm's recommendation is for pump station replacement. This station can remain online during the construction transition stage. The firm recommended installing the new eight -inch force main through Harbor Heights with a gravity main in Oak Lane area. This would also improve the force main outfall. Mr. Gardulski, Public Works Director, pointed out the locations of the nearby lift stations. Mr. Weber queried the depiction of the existing four -inch sewer main in the Harbor Heights area. Mr. Gardulski explained the location and condition of the existing four -inch main and that he would use this line as a back up main. He explained further that empty lines would need to be grouted in order to avoid street caving. Mayor Pro Tem Petsos was in support of the lift station replacement however he expressed concern with the sewer line replacement. He stated that he would like to see some assessment calculations done prior to the project. Mayor Pro Tem Petsos also asked to see further research before enhancements were designed. Mr. Pekar responded that the Oak Lane was the preferred choice for the gravity main. Mr. Bruns referred to a previous hotel planned for the northwest end of the City and asked how this would affect that area. He asked if any provisions would be made for that developer to pay for connection to the City's sewer line. Mr. Gardulski responded that that connection would be made in the Angel Isle area. Mr. Bruns expressed concern with development in the northwest end of the City and future sewer line connection. Mayor Pro Tem Petsos stated this project would set a precedent for future development. Mayor Randels stated that according to City ordinance the City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 3 developer is responsible for sewer connection. Mr. Boucher explained that the developer in the northeast section of the City paid to install the infrastructure and he would anticipate any developer in the northwest area would follow suit. Mayor Randels stated that underground utilities were required within a development however no lines were required to the development. Mayor Randels related the consensus of the Council that a new lift station is necessary. Mr. Boucher stated that assessments would be incurred on the gravity portion only. Mr. Gardulski responded to Mr. Bruns that septic tanks are still allowed. Mayor Randels clarified that septic tanks are allowed as an exception in areas where service is not available. Mr. Leo Nicholas questioned why the proposed main line travels down Harbor Drive when an easement is available behind the main road. Mayor Randels queried if the costs of accessing the main road or the backyard area were researched. Mr. Pekar responded that further research could be done and presented at a later meeting The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. RESOLUTIONS: 5. Mayor Randels read Resolution No. 01-05 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE CONTINUED FUNDING BY THE COUNTY COMMISSION OF THE BREVARD ZOO AND CONTINUATION OF THE COMMITTED REVENUE SOURCE FROM THE TOURISM DEVELOPMENT COUNCIL OF 0.25 PERCENT OF THE FOURTH PENNY COLLECTED AS A HOTEL TAX; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFEECTIVE DATE. A motion was made by and seconded by to approve Resolution No. 01-05 in Support of Continued Funding by the County Commission of the Brevard Zoo. Mr. Treverton brought out that he received a newsletter that solicited government funding to operate the zoo. Mayor Randels explained that in previous years the zoo received corporate funding with anticipation of repayment and the County Commission assisted in paying back that loan with through its current funding. Mayor related some of the zoo activities and why the zoo is requested the Council's support through this resolution. Mayor Pro Tem Petsos questioned the County's stand on future funding. He expressed concern with forwarding a resolution that states how the County should allot funding for the zoo. Mr. Bruns queried the Tourist Development Council would not want to support the zoo. Mr. Boucher explained that the funding City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 4 cycle has expired for this project. Mr. Burns clarified that this allotted funding might no longer be used for the zoo. Mr. Treverton agreed with Mayor Pro Tem Petsos' suggestion to generally support funding. Council agreed by majority not to define how the County Commission would allot the funding. A motion was made by Mr. Bruns and seconded by Mr. Weber to amend the main motion and exclude the verbiage, " and continuation of the committed revenue source from the Tourism Development Council of 0.25 percent of the fourth penny collected as a hotel tax" and this same verbiage from Section 1 of the Resolution. The motion passed on the amendment to the main motion 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. The motion passed on the main motion 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 5. Resolution No. 01-06; Removing a Member from the Beautification Board, Jean Simoes. Mayor Randels read Resolution No. 01-06 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING A MEMBER OF THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by and seconded by to approve Resolution No. 01-06 to Remove a Member of the Beautification Board. Mayor Pro Tem Petsos related that he spoke to Ms. Simoes' family and was told that prior family commitments impeded her from remaining on the Board. Mr. Nicholas clarified that the memo from the Public Work Director dated February 13, 2001 stated that the Board voted to remove Ms. Simoes from the Board. Mr. Nicholas clarified that the Board made a recommendation only to remove a member and that Council makes the final decision. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. DISCUSSION: 6. Storm Water Utility Presentation. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 5 Ms. Bowers opened her presentation by referencing the funding guidelines for Stormwater Utility in the Florida Statutes under Municipal Home Rule. She stated that the procedures to adopt an ordinance would establish the policy for a Stormwater Utility and a resolution would establish a fee schedule. Ms. Bowers replied to Mr. Bruns' query that an ordinance and resolution were the establishing documents and no referendum were needed. Mr. Bowers reviewed three areas of Stormwater Utility: Regulatory Programs, Funding Problems and Community Perceptions. She provided a historical background on Storm Water Utilities. Ms. Bowers stated that the Florida Department of Environmental Protection would have regulatory mechanisms in place for Stormwater Management by 2002. She then reviewed funding options. Ms. Bowers stated that this program would fall under the Enterprise Fund. She emphasized that user fees should be founded calculations and through analysis data a decision could be made that the fee is fair and properly determined. Ms. Bowers explained that impervious versus pervious is one method of calculation as well as severity of ground slope, the degree of ground saturation or whether lakes, ponds or man-made facilities exist to collect storm water. Ms. Bowers covered possible applications of the rate structures such as those that would include exemptions or provide a credit. She explained that credits are generally managed on a per case basis. Ms. Bowers then covered possible billing methods and the factors to consider when choosing a billing method. Two of the points covered were noticing requirements and the service area demographics. She stated that once established a mechanism that is fairly applied would encourage public support. Ms. Bowers emphasized how Public Awareness seminars during the course of establishing this utility play a critical role in public perception. Mr. Boucher stated that the City received $70,000 from the St. John's River Water Management District to assist with the Stormwater Utility. A bid would need to be prepared in order to retain a consultant for further implementation. Mr. Bruns expressed how consultant assistance with fee setting was a benefit in the decision to increase sewer rates. Attorney McQuagge stated that certain entities such as School Boards and Religious Institutions are claiming exemption from such a fee. He recommended that the consultant establish the entities prior to setting fees. 7. Visit of Mayor Bruno Heinzelmann, Sister City of Kloten, Switzerland. Mayor Pro Tem Petsos recommended that Mayor Randels act on behalf of the Council to accompany our visitors from Kloten during their stay. Mayor Randels announced that Mayor Heinzelmann, his wife and two children would be visiting however he speaks little English. Mr. Treverton offered to find a student from Brevard Community College that could help to translate from German to English. Council agreed by majority to sponsor accommodations for the Heinzelmann's. Mayor Pro Tem Petsos stated that he would find a shuttle replica as a visiting gift and that he City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 6 would also coordinate a VIP tour and a shuttle launch viewing for the family. Mr. Boucher will relate the itinerary to our visitors. REPORTS: City Manager's Report • Mr. Boucher reported on the Beautification Board's idea to develop the South entrance of the City as well as a walkway from the Porter Bridge to West Central Blvd. as two projects for the use of Mr. William Bennix's donation. Council supported the South entrance sign as a top priority and asked staff to seek grant funding on the walkway project. • Mr. Boucher reported that the Streets/Maintenance Department is removing decayed shrubbery and he requested authorization to replace any landscaping with hibiscus plants. Mayor Pro Tem Petsos recommended establishing an account from Mr. Bennix's donation in order to replenish future landscaping, Council agreed to have staff proceed. • Mr. Boucher related that Jim Deroshier of the Annexation Committee announced the results of a straw vote in that the majority of Avon -by -the -Sea residents voted to remain unincorporated. • Mr. Boucher queried the possibly of utilizing the Annex for Council members to meet with constituents and he requests installing additional equipment such as multi-purpose FAX machine and a cordless telephone. Council agreed by majority to establish a schedule to use the room and obtain the key from the City Manager's office. Staff Reports: Ed Gardulski, Public Works Director • Brevard County Natural Resources has asked to use the City of Cape Canaveral as a model for a Sand Fence demonstration. Morris Reid, Building Official • Mr. Reid reported that he found a licensed Building Inspector to fill the remaining budgeted position and that the Building Department would be fully staffed within 30 days. AUDIENCE TO BE HEARD: Mr. Leo Nicholas City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 7 Mr. Nicholas questioned why several photographs of the previous Mayors were removed from the Council Chambers. Mrs. Stills responded that the photographs were being restored due to deterioration. City Clerk • Mrs. Stills announced that Mrs. Sandi Smith had retired as of Friday, February 16th and that she accepted the position of City Clerk. City Attorney • No report CITY COUNCIL Mr. Weber • Mr. Weber questioned the status of the concrete project. Mr. Gardulski reported that the bid would be published on Wednesday, February 21St Mr. Treverton • Mr. Treverton queried about a letter received from Collier County regarding the Communications Services Tax Simplification Act. Ms. Bowers agreed with Mr. Treverton that Time Warner and Southern Bell provide one percent of revenue through franchise fees. Mr. Boucher related that some cities are not fully supportive of this legislation. Ms. Bowers reported on a workshop to determine the formula calculated by the State to recoup funds lost. • Mr. Treverton asked about establishing a goal setting meeting. Council agreed by majority on Tuesday, March 27th at 7 P.M. Mayor recommended that Council submit suggested items for discussion to the City Manager by mid-March. Mr. Bruns • Mr. Bruns queried the status of discussion on the City Manager's evaluation. Mayor Randels responded that he would reply to Mr. Bruns' request. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos questioned about the trip to view the dredging project. Mr. Gardulski responded that although the project would be completed in Cape Canaveral, more projects are due in the south of the City. He offered to supply 28atps for Council members to find the location to meet at 7 A.M. on February • Mayor Pro Tem Petsos referenced a letter from the Department of Environmental regarding a spill at the Port. He asked for further research on the contamination. Mr. Gardulski responded that a representative from Brown & Caldwell would meet with DEP to monitor the status. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 8 • Mayor Pro Tem Petsos referenced a letter that Mr. Gardulski forwarded to the Department of Transportation regarding a request for a turn lane on Al and suggested that the Council as a collective concern forward the correspondence. Mr. Boucher recommended action at staff level first and then by Council if no effective response is shown. • Mayor Pro Tem Petsos reported that there was no representation by the City at the State Road Al Arterial Investment study group meeting, and encouraged staff to attend these meetings. • Mayor Pro Tem Petsos queried a proposed Nuisance Abatement ordinance at the Port and asked the City Manager to inquire about it. • Mayor Pro Tem Petsos questioned if Ms. Bowers could provide research on utility billing being performed again by the City. • Mayor Pro Tem Petsos congratulated Mrs. Stills and encouraged her to continue with proceeding on electronic delivery of the agenda packet. • Mayor Pro Tem Petsos reported on the name change regarding the Beeline Expressway and asked Council for input. Following discussion, Council expressed to retain the name, the Beeline Expressway. Mayor Randels • Mayor Randels reported that Cape Canaveral placed Fourth in the Orange Juice squeezing contest in Cocoa. • Mayor Randels reported that he took photographs of the landscaping at the Space Port AMACO to Mr. Bennix. • Mayor Randels reported on the private funding that provided landscaping at the intersection of 1-95 and State Road 528. • Mayor Randels queried on the status of the fireworks code. Mr. Boucher responded that staff has been tasked with gathering research and would report some time in March. • Mayor Randels queried if any funds were secured from the County for the turn lane. Mr. Boucher reported that he approached the County and received a tentative commitment of $100,000 of impact fees however he would need an estimate from the City Engineer's on the costs of the turn lanes before design commencement. • Mayor Randels reported that he spoke with Mr. Boucher at length regarding the his evaluation. Mayor Randels pledged to allow staff to respond to citizen concerns before taking action. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2001 Page 9 ADJOURNMENT: There being no further business, a motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adjourn the meeting adjourned at 9:30 P.M. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. Rocky Randels, Mayor Rocky Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 03-06-01 AGENDA REPORT AGENDA Heading Presentation ]tem Exhibits Attached: No. City Manager^s Office / CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION BY CAPE CANAVERAL HOSPITAL DEPT./DIVISION: LEGISLATIVE Requested Action: City Council will receive an update on hospital programs/services and answers to any questions you may have. Summary Explanation & Background: No action required. Exhibits Attached: Cape Canaveral Hospital Flyer City Manager^s Office / Department LEGISLATIVE i —__ (cape-nt ' \n curifenis\admin\G _ L�eting\2001\03-06-01\cch.doc Meeting Type: Regular Meeting Date: 03-06-01 AGENDA REPORT AGENDA Heading Considerations Item 2 No. City Mgpager`s Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERVIEW OF BUSINESS & CULTURAL DEVELOPMENT BOARD APPLICANT, MS. ELIZABETH FOY DEPT./DIVISION: LEGISLATIVE Requested Action: City Council and city attorney interview this board applicant. Summary Explanation & Background: No action; interview only. Exhibits Attached: Application City Mgpager`s Office Department LEGISLATIVE cape 'in�my do metttsiad ' cou ' \meeting\2001\03-06-01 \foy.doc s'u'o =ca.. --- CITY OF CAPE CANAVERAL, FLORIDA City Board Application Please complete both sides ' J Applicant Name: t� 1l Za- Home Telephone: C' Home Address: 12- 5 (�,� , Lam: [i L a:4A,47- E -Mail Address: Business: ! T76— 390 CC VVI t VU&I �-e Business Telephone: l3' 1C &I Office Address: SSC' to t 1 I,'L1. -1" -4 Brief Description of Education and Experience: v A U z Are you a registered voter? Yes No Have you been a resident of the City for 12 months or longer? Yes No Do you currently hold a public office? Yes No K - Are you presently employed with the City? Yes No At the present time, do you serve on a City Board? Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father- in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No K Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board _ Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to that Board and prior to July 15th of each year following the initial appointment while still a member. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: h L.t 1i1,�vK,t LCt�t.c, L c;-c,�'lt i✓V�,-t'it a.,y - Lk) Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No DZ Applicant's signature: Date: PLEASE NOTE: 1. 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. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 BY - LAWS CAPE CANAVERAL BUSINESS AND CULTURAL DEVELOPMENT BOARD SECTION I: MEMBERSHIP A. The Business and Cultural Development Board shall consist of five regular members and four alternate members. B. Members shall be appointed to the Board by the City Council. C. Each member shall either be a bona fide resident of the city or employed in a full-time capacity in the city at the time of appointment and during incumbency, or any other person whom the council deems qualified to promote the purposes as descried in Section 22-33. Each member of the Board shall be a registered voter. At least two members of the Board shall be engaged in an active business enterprise. D. Members shall serve without compensation or gratuities. E. The members of the Business and Cultural Development Board shall be appointed by a majority vote of the city council for staggered terms of two years. F. Any member missing two consecutive meetings without due notification to the Board may be automatically dropped from the Board with Council approval. SECTION II: OFFICERS A. Officers of the Board shall be a (Chairperson and Vice -Chairperson. B. Officers shall be elected at the November meeting for a term of one year. C. The Chairperson shall perform the duties ordinarily performed by a chairperson, including presiding at meetings, preparation of agenda, appointing committees and serving as ex -officio member of all committees. D. The Vice -Chairperson shall preside at any meeting in the absence of the Chairperson and shall perform any other duties designated of the Chairperson. SECTION III: MEETINGS A. Regular meetings of the Board shall be held the third Wednesday of the month at the City Hall Annex, 7:00 p.m. and shall be open to the public. B. Special meetings may be called by the Chairperson at such times and at such places as the Board may direct, pending notification of all members. C. A quorum for transaction of business shall consist of a simple majority. All official actions of the Board must be by a majority vote of the members present. D. A copy of the minutes of all meetings of the Board shall be maintained in the City Clerk's office. SECTION IV: DUTIES OF THE BOARD A. Prepare a commercial development plan and submit the plan for approval to the city council. This plan shall analyze existing conditions and needs pertaining to the city's commerce and determine optimum methods and means of improving those conditions and satisfying those needs. The plan shall contain as a minimum the following: 1. A survey of existing commercial entities located in the city. 2. An inventory of existing vacant space (building and land) suitable for use in commercial development. This shall be coordinated with the planning and zoning board. Business and Cultural Development Board By -Laws Page Two 3. A determination of the commercial needs of the citizens of the city that are presently going unsatisfied or being met by commercial entities outside the city. 4. An analysis of these needs and the preparation of a plan for bringing new and needed commercial enterprises to the city. This plan should also seek methods of enhancing existing commerce presently located in our city in an effort to satisfy citizen needs. B. Implement the council -approved commercial development plan as directed and funded by the council. C. Confer with and advise the city council on all matters concerning the development of commerce in the city. D. Act as liaison for the city in the area of public relations with the following: 1. Cocoa Beach Area Chamber of Commerce. 2. Canaveral Port Authority. 3. County economic development council. 4. Brevard Cultural Alliance. 5. Other similar organizations or agencies which, in the opinion of the Business and Cultural Development Board, would be appropriate for such liaisof►. E. Determine from existing commercial enterprises in the city and interested outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. F. Advise the city council and the city manager of the advent of any new commercial activity; i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. G. Cooperate with all community groups which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. H. Generally encourage in any manner the development of business, commerce, industry and tourism in the city. I. Investigate sources of financial assistance available to the city from the governmental or private sector and assist the city as directed by the city council in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in the form of grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. SECTION V: ORDER OF BUSINESS Robert's Rules of Order, latest revised edition, shall govern the parliamentary procedure of the Board. Meeting Type: Regular Meeting Date: 03-06-01 AGENDA REPORT AGENDA Heading Considerations Item 3 No. The city attorney reviewed said request and advised that City Council should consider this request. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REQUEST OF THE FRIENDS OF THE CAPE CANAVERAL LIBRARY TO USE THE CITY SEAL DEPT./DIVISION: ADMINISTRATIVE Requested Action: City Council consider the request from "The Friends of the Cape Canaveral Library, Inc." for the use of the city seal for promotional products. Summary Explanation & Background: The Friends of the Cape Canaveral Library, Inc. have requested the use of the city seal to be used on bookmarkers to be given out free to the public and on "book tote bags" that would be sold to the public. The city attorney reviewed said request and advised that City Council should consider this request. Please advise. Exhibits Attached: The Friends of the Cape Canaveral Library's letter; City attorney's letter City Maes Office Department ADMINISTRATIVE cape-n��y docs mentst ad"min\coun mg\2001\03-06-011 r-ary.doc THE FRIENDS OF THE CAPE CANAVERAL LIBRARY, INC. 201 Polk Avenue Cape Canaveral, FL 32920 321-868-1001 February 6, 2001 Mr. Bennett Boucher City Manager Cape Canaveral City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mr. Boucher: Pursuant to our telephone conversation on Monday, February 5, 001, I am putting this request in writing as you requested. I am representing the "Friend of the Cape Canaveral Library", a non-profit organization. We presently have two projects before us, which we would like to implement as soon as possible. The first is a design for a new bookmarker. We would like to incorporate the Seal of the City of Cape Canaveral on this marker. It will be given prominence at the top of the marker, with library information listed below. These bookmarkers will be displayed at the circulation desk of the library and given free to patrons of the library. The second would be a design on a book tote bag. The bags will be navy blue with white lettering, to be sold to our patrons. The city seal would be in the white lettering. These bags are of durable cloth — not paper or plastic. We are proud of ourcity, and our seal is distinctive and beautiful. We would like to promote this pride in our city. Would you please check with the city attorney to ascertain whether we (The Friends of the Cape Canaveral Library) may use a line drawing of the city seal on both the bookmarkers and the tote bags. You can reach me at home (799-0648) or leave a message for me at the library (868-1101). On behalf of the "Friends", thank you for your consideration of this request. Sincerely Bonnie A. Connell Our Best Seller! 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Includes a 1 color print, 1 side. 50¢ extra per additional color, per side Minimum Order: 36 Generous Size, Leakproof LUNCH Sack Big enough for a can of soda, sandwich, salad, and dessert too! Rugged polyester fabric with a leakproof urethane backing. Machine washable with velcro closure and strong black webbing handles and binding. 81/2" x 91/2" with a 4" gusset. Fabric Colors: Black, Forest Green, Taupe, Red, Teal, Royal Blue & Burgundy Ink Colors: Your Choice. Includes a 1 color print, 1 side. 50o extra per additional color, per side. Minimum Order: 36 0 1-SOO-3 4114 Order Today! Guaranteed Deliver or NationaTLl6rar Week When You Order B March 16th. r Delivery y y N LAW OFFICES AMARI & THERIAC, P.A. Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Mitchell S. Goldman J. Wesley Howze Mark McQuagge Matthew J. Monaghan Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: USE OF CITY SEAL Dear Bennett: Attorneys and Counselors At Law Reply To: Cocoa P.O. Box February 14, 2001 Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Facsimile (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Facsimile (321) 259-6624 Per your request, I have reviewed the February 6, 2COI letter from Thi- friends of the Cape Canaveral Library, Inc., wherein a request was made to incorporate the sea! of the City of Cape Canaveral on a "bookmarker" that is anticipated to be given to patrons of the library for free, and a second request to use the same seal on a "book tote bag" that will be sold to patrons. It should also be noted that The Friends of the Cape Canaveral Library, Inc. is a non-profit organization that desires to use the seal on these items because, as stated in their letter, "the seal is distinctive and beautiful", and that "we are proud of our city." The issue for my consideration is whether the City may, from a legal standpoint, allow the library to use the seal or whethe, there is any code or statutory prohibition to such an endeavor. Please note that should the use be determined allowable, the policy decision on actually allowing the library use of the seal should be for a City Council determination and not by opinion of the City Attorney. The Cape Canaveral Charter Article II, Section 1, Sub 1, states in pertinent part: " The following are among the powers of this City... to sel;, lease, or otherwise dispose of property, real, personal and mixed... for the benefit of the Cit,\-." As such, the Cape Canaveral Charter presents no obstacle to allowing use of the seal by a non-profit organization as tong as the 1) the seal is property of the City, and 2) use of same by the organization benefits the City. The answer to issue one is "yes", in that the seal is registered with the Secretary of State, is personal property of the City, and therefore may be sold. leased, or disposed of by the City. Mr. Bennett Boucher February 14, 2001 Page Two However, issue two will require discussion and fact finding by the City council to determine whether the use of this property is in fact, "for the benefit of the City." This can be accomplished by placing the matter on the City Council Agenda as an item for consideration, and not on the Consent Agenda. Please note also that many other municipalities, as part of their Charter's, adopted provisions related to establishing a blanket prohibition against City's making charitable contributions. Out of an abundance of caution I reviewed Florida case law related to the issue of Cities making charitable contributions, and based on Miami v. Miami v. Pu>:,'ic Service Comr:.ission 443 So. 2.1 92 (Fla. 1983), and Contractors of Pinellas County v. City of Dunedin 329 So.2d 314 (Fla. 1970, I feel as though there is no case law prohibition against such. Moreover, a review of Chapter 166, Fla. Stat., specifically § 166.021(c) allows for expenditure of public funds and public endeavors to be pursued by cities as long as same constitutes a "public purpose." Again, this should require discussion, consideration, and fact finding by Council prior to issuance of direction on this matter. In short, it appears that the City may proceed to allow rhe Friends of tie Cape Canaveral Libniry, Inc. use of the seal on the "bookmarker " and "bock tote bag" shou'h they so desire, and shoiild Council determin-- both a "benefit to 'he City" and a "public purpose.." Thank you for the opportunity to a(.vise you on tl , is matter. Please contact my office should you have any question: or concerns. Sincerely, Mi Mark McQuagge MM:mem Meeting Type: Regular Meeting Date: 03-06-01 AGENDA Heading Considerations Item q No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION OF RENEWAL OF LANDSCAPING AND MOWING CONTRACT DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the annual renewal of the landscaping and mowing contract with Nick's Landscaping as recommended by the public works director. Summary Explanation & Background: 1 This is an annual renewal. There is no price increase and this is a budgeted item. I support the public works director's recommendation Exhibits Attached: Public works director's memo of 03-01-01 City A ager'$'Office Department PUBLIC WORKS ___-capezi liam\my docunKn'ts\admin\co�lVpdei ng\200 1 \03-06-0 1 \nicks.doc � f MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 1, 2001 SUBJECT: City Council Agenda Item for March 6, 2001 Annual landscaping and mowing contract Renewal Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City right-of-ways and the Treatment Facility. A prebid meeting was held at the City Hall Annex on Tuesday, February 1 at 3:30 to answer any questions. At this meeting the Bid Opening date was extended to February 23, at 3:00 PM, see attached notice. At the time of the bid opening, the City received three bids. All Bidders' packages were in order. The low bidder was Nick's Lawn Services in the amount of $91,050.44. This bid award will be an annual contract that is renewable yearly up to five years. The award of the bid is a unit price contract based upon work satisfactory performed within the bid areas and payment will be paid through the appropriate funds; i.e. Enterprise Fund - $8,950, Beautification Fund $82,100.44. City Council awarded Bid no 2000-01 to Nick's Landscaping on March 7, 2000. Over the first year of this bid award, Nick's Landscaping has provided exceptional service to the City of Cape Canaveral. Both the Street Division and the Water Reclamation facility of the Public Works Department has noted that the works performed by Nick's Landscaping satisfactorily meets the contracted requirements. Any problems that are encountered are promptly resolved. Recommend renewal of Nick's Landscaping annual landscape and mowing contract. Attachments CC: File Meeting Type: Regular Meeting Date: 03-06-01 AGENDA Heading Resolutions Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-07, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of this resolution as requested by the City of Cocoa. r Summary Explanation & Background: The City of Cocoa passed a similar resolution on 02-13-01 and is requesting the City of Cape Canaveral's support. Please advise. Exhibits Attached: Resolution No. 01-07; supporting documentation City Ma"ger's.Office �-� Department LEGISLATIVE cape- _ bfiydocum is\admin\c xti' eting\2001\03-06-07i01 07.doc RESOLUTION NO. 01-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Amtrak and the Florida East Coast Railroad have announced they are close to signing an agreement that will make possible passenger and improved freight rail service to the East Coast of Florida, and WHEREAS, this critical addition to our infrastructure depends on a one-time Florida Department of Transportation investment of approximately $60 million; and WHEREAS, Amtrak trains will provide stops in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Ft. Pierce and Stuart, and WHEREAS, the route will follow existing Florida East Coast right-of-way to West Palm Beach and very little land will need to be acquired, making the project inexpensive when compared with the costs of linking other cities; and WHEREAS, the trains will run at speeds of nearly 80 miles per hour in certain places, providing fast, efficient passenger transportation; and WHEREAS, the project will offer rail transportation as an alternative to the more than three million revenue cruise passengers who sail annually from Port Canaveral and help ease our overcrowded highways; and WHEREAS, the train service will provide connectivity for all the East Coast stations, linking them to a national rail system; and WHEREAS, each Amtrak train can carry up to 300 passengers, resulting in the equivalent of four large airliners coming daily to the door of each community, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: Section 1. The City of Cape Canaveral supports the establishment of Amtrak passenger rail service between Jacksonville and West Palm Beach along the East Coast of Florida. City of Cape Canaveral, Florida Resolution No. 01-07 Page 2 Section 2. The City of Cape Canaveral urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support and fund the establishment of such passenger rail service. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section S. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of March, 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY 11Cape-ntlcityclerk\CityClk\Resolutions\Amtrak Service.doc Bennett Boucher From: Lynn Pickett [Ipickett@cocoafl.org] Sent: Tuesday, February 27, 2001 2:19 PM To: Bennett Boucher Subject: Amtrak resolution ATTOOOOO.htm AMTRAK fact AMTRAK Letter to amtrak service sheet.doc Gov.doc RESOLLMON.doc Bennett -- Thanks for your help on this. I am sending a copy of the resolution, which the Council passed at its Feb. 13 meeting. Also am sending the fact sheet and a sample letter for supporters to use. If we get the service, the Cocoa/Port Canaveral stop will be located at SR528 and US1. I'm already in contact with SCAT to provide bus/trolley service to the Port, Cape Canaveral and Cocoa Beach. I think it will be really great for all of us. Are you going to Tallahassee on March 13 with the Chamber? If so, I'll see you then. -- Lynn HELP BRING AMTRAK TO OUR AREA CONTACT THE GOVERNOR'S OFFICE AND YOUR STATE DELEGATION TODAY FACT SHEET BENEFITS OF AMTRAK'S PROPOSED SERVICE ALONG THE EAST COAST 1. Amtrak and FEC are close to signing an agreement that will make possible passenger and improved freight rail service to the East Coast of Florida. This critical addition to our infrastructure depends on a one-time FDOT investment of approximately $60 million to increase track capacity and fund 80 percent of the cost of each passenger station. 2. The project will be very visible, popular and fast. Amtrak and FEC estimate the first passenger train can be running 10 months after FEC receives the initial funding for certain of the infrastructure capacity improvements. 3. Amtrak trains will add stops in: 4- St. Augustine ❖ Daytona Beach (full service, staffed station) •'• Titusville ❖ Cocoa/Port Canaveral (full service, staffed station) •'• Melbourne •'• Vero Beach •'• Ft. Pierce ❖ Stuart 4. The proposed project will link Jacksonville and Miami. The route will follow existing FEC right-of-way to West Palm Beach and very little land will need to be acquired. (Existing CSX track will connect the new Amtrak service from West Palm Beach to Miami.) ❖ Because of the existing right of way, the project will be relatively inexpensive when compared to the costs of linking other cities. It also will not be controversial with property owners. ❖ The trains will run at speeds of nearly nearly 80 miles per hour in certain places, providing fast, efficient passenger transportation. 5. The project will offer rail transportation as an alternative to the more than three million revenue cruise passengers who sail annually from Port Canaveral. Carnival Cruise Lines, Sterling Casino Lines and others have already approached Amtrak in the hope of utilizing the trains to transport their passengers to the ships. Sterling has offered to pay its passengers to ride Amtrak. At the present time, Sterling must transport many of its passengers by bus from Orlando, Vero Beach, etc. Carnival has indicated that it hopes to use Amtrak to haul passengers to both Port Canaveral and Miami and hopes to offer package deals. This participation will help make the East Coast Amtrak service profitable. 6. The train service also will provide connectivity for all the East Coast stations, linking them to a national system. For example, it will be possible to travel from Cocoa to Boston without changing trains and as far as Vancouver, British Columbia, with only a few changes. 5. The proposed Amtrak Service will help alleviate the congested roads and airports throughout Florida. It will provide a convenient alternative to travelers. 6. The FDOT's portion of the cost for the service will be approximately $60 million. Fifty million dollars will go for capacity improvements, which will allow both Amtrak and FEC to keep growing. FEC will be free to continue to pursue more freight traffic even with the additional passenger trains operating on its line. This, in turn, will help take more freight off Florida's overcrowded highway system as it strengthens the state's intermodal transportation infrastructure. 7. About 10 million dollars of FDOT's investment will go for station costs. The cities along the route have expressed willingness to provide approximately 20 percent of the cost for stations. The remaining 80 percent will come from FDOT. 8. Cocoa, although a small community with only 18,000 residents, looks at its Amtrak station as an investment and willingly will provide its 20 percent, which is approximately $468,000. For many of the communities along the East Coast, Amtrak service will aid economic development and make traveling much easier. 9. Each Amtrak train can carry up to 300 passengers. This results in the equivalent of four large airliners coming to the door of each community. 10. The proposed service is a win -win-win situation for all involved. The state, the communities, FEC, Amtrak and, most importantly, the residents will benefit from this expanded passenger and freight network. (For more information, please contact Lynn Pickett, Community Development, City of Cocoa, 321-639- 7591.) February 21, 2001 The Honorable Jeb Bush Governor, State of Florida Office of the Governor Tallahassee, FL 32399-0001 Dear Gov. Bush: I strongly urge you to support funding to make Amtrak Passenger Rail Service a reality along the East Coast of Florida. This service can be up and running from Miami to Jacksonville in 10 months with an expenditure of $60 million dollars. This is less than it would cost to build 60 miles of new highway and will be available to travelers in much less time. It will help alleviate the overcrowding on our highways and major airports and provide a critical, missing piece to our state infrastructure. This project will be very visible, very popular and very fast. Because existing Florida East Coast Railway right of way will be used, it provides an inexpensive and non -controversial method of linking the cities of the East Coast of our state with a national rail system. Upgrading the track along the East Coast also will improve the rail freight capacity in our state and improve our competitive position when competing with other states for new industries. While I realize that the state is facing a pinched budget year, I believe that a Florida Department of Transportation investment of $60 million for passenger rail service on the East Coast is an opportunity we may not see again. Fifty million dollars of the money would go to track capacity improvements and the remaining ten million dollars would help build eight new passenger stations in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Ft. Pierce and Stuart. These cities have committed to funding 20 percent of the cost of station construction because they know this service will foster economic development all along the route. FDOT will be able to invest in the entire East Coast of Florida and provide a much needed rail link for a very minimal investment. If we try to postpone this project until next year or later, we may lose the full cooperation of either Amtrak or the Florida East Coast Railroad. They are ready to act now. Surely the state can join them. I ask you to put your full support behind this project and instruct FDOT to budget the necessary funding. All of Florida will benefit. Thank you. Sincerely, Meeting Type: Regular Meeting Date: 03-06-01 AGENDA Heading Resolutions Item 6 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-08, AMENDING THE RETIREMENT PLAN AND TRUST FOR EMPLOYEES DEPT./DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council adopt this resolution which adopts an investment policy as required by Florida Statutes. Summary Explanation & Background: Per the league of cities, these changes do not have any material or fiscal effect on any operators, administration, fees, investments, or philosophies of the pension trust fund. I recommend approval. Exhibits Attached: Resolution No. 01-08; Investment Policy City Manner's Office i Department FINANCE/ADMINISTRATION cape -n documents\a inf5 u eeting\Z001\03-06-01\01-08.doc RESOLUTION NO. 01-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA; AMENDING THE RETIREMENT PLAN AND TRUST FOR THE EMPLOYEES OF THE CITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council established a Retirement Plan and Trust for the employees of the City of Cape Canaveral pursuant to Resolution Number 88-20; and and WHEREAS, the Retirement Plan and Trust agreement was executed on April 1, 1988; WHEREAS, the Retirement Plan and Trust for the employees of the City of Cape Canaveral participates in the Florida Municipal Pension Trust Fund ("FMPTF") and participation in the Florida Municipal Pension Trust Fund requires adoption of the FMPTF's Investment Policy; and WHEREAS, Exhibit A of the Retirement Plan and Trust is the Master Trust Agreement of the Florida Municipal Pension Trust Fund; and WHEREAS, the Master Trust Agreement of the Florida Municipal Pension Trust Fund has been amended to provide for consistency of governing documents of the FMPTF and to provide for a separate Investment Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The City Council of the City of Cape Canaveral in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves and adopts the revised Master Trust Agreement attached as Exhibit A. City of Cape Canaveral, Florida Resolution No. 01-08 Page 2 Section 2. The City Council of the City of Cape Canaveral in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves and adopts the Amended and Restated Florida Municipal Pension Trust Fund Investment Policy. Section 3. The City Council of the City of Cape Canaveral hereby empowers the Mayor or his/her appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate this amendment of the Retirement Plan and Trust. Section 4. All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. Section 5. This Resolution and the revised Master Trust Agreement and Amended and Restated FMPTF Investment Policy shall be effective October 1, 2000. PASSED AND ORDAINED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this day of _,2001. ATTEST: Sandra O. Smith, CITY CLERK Rocky Randels, MAYOR Name Yes No Burt Bruns Richard Treverton Approved as to Form: Buzz Petsos Kohn Bennett, CITY ATTORNEY Larry Weber Rocky Randels .CAPE-NT`,fmance`,INS PENSIONS\Resolution for Invesunent Policy 2000 doc � � � � 1 FLORIDA -Md'-( ICIPALTENSMTRUSTRM III -"III U I* i1 11 d Ulu IMPORTANT. ,REQUIRED ACTION ON ENCLOSED'P0LICY,0000MENTS To: Florida Municipal Pension Trust Plan Members Defined Contribution Plans Defined Benefit Plans with NO Board of Trustees / Directors From: Steve Wofford, CPA Director of Financial Services Re: Restated Master Trust Agreement and Investment Policy Date: January 3, 2001 The Florida Municipal Pension Trust Fund (FMPTF) has revised its governing documents to include changes required by state legislation and to provide for application conformity. These changes do not have any material or fiscal effect on any operations, administration, fees, investments, or philosophies of the FMPTF. Senate Bill 372 signed by Governor Bush on June 14, 2000 created Chapter 2000-264, Laws of Florida. This law amends Section 112.625, Florida Statutes (2000), and creates Section 112.661, Florida Statues (2000), effective October 1, 2000. These two sections refer to the new requirement that the investment of assets of any public pension plan must be consistent with a fgrmal written investment policy adopted by the system's or plan's Board of Trustees or Directors. , On December 14, 2000, the Florida Municipal Pension Trust Fund's Master Trustees approved the enclosed Investment Policy for the FMPTF, effective October 1, 2000. The policy includes all provisions required in Section 112.661, Florida Statutes. By participating in the FMPTF, your plan is required to adopt the FMPTF's Investment Policy. The City or District should adopt the Resolution/Ordinance attached and then send a copy of the Resolution/Ordinance and Investment Policy to the following: Department of Management Services Division of Retirement Cedars Executive Center 2639-B North Monroe Street Room 214 Tallahassee, FL 32399-1560 Florida League of Cities, Inc. Attn: Pension Services 301 S. Bronough Street P.O. Box 1757 Tallahassee, FL 32302 FLORIDA MUNICIPAL PENSION -TRUST FUND - FLORIDA LEAGUE OF CITIES. INC. 301 S. BRONOUGH ST., P.O. BOX 1757, TALLAH:'SSEE, FLORIDA 32302-1757 Rcscaced Masco TMSL ASreemenc and 13p -Laws. 1 a nu ar). 3. 2001 Combined Master Trust Agreement and By -Laws The Florida Municipal Pension Trust Fund Master Trust Agreement is attached as an exhibit to all of the plans participating in the Florida Municipal Pension Trust Fund. The Master Trust Agreement has been revised to incorporate the FMPTF's By -Laws, which provide the governing provisions relating to the Master Trustees of the FMPTF. Separate Investment Policy The Investment Policy of the FMPTF was previously included as part of the Master Trust Agreement. The Investment Policy has been separated, restated and attached as an Exhibit to allow for ease of future amendments from legislative changes -or changes to investment specifics. Actions required Defined Contribution Plans & Defined Benefit Plans without Individual Boards of Trustees/Directors: 1. The City or District must pass a resolution/ordinance adopting the Amended and Restated Master Trust Agreement and adopting the FMPTF Investment Policy effective October 1, 2000. 2. Send signed copies of the resolution/ordinance and the Investment Policy to the addresses above. If you have any questions regarding this information, please contact me, Joyce Case, or Jeannie Hagan at 800-616-1513, extensions 253, 278, or 277 respectively. Enclosures: Restated Master Trust Agreement Restated Investment Policy Sample Ordinance/Resolution FLORIDA MUNICIPAL PENSION TRUST FUND — FLORIDA LEAGUE OF CITIES, INC. 301 S. BRONOUGH ST., P.O. BOX 1757, TALLAHASSEE, FLORIDA 32302-17S7 FLORIDA MUNICIPAL PENSION TRUST FUND INVESTMENT POLICY Amended and Restated Investment Policy Adopted December 14, 2000 Effective October 1, 2000 I. AUTHORITY The Master Trust Agreement made as of the 16`h day of December, 1983, and as amended and restated as of the 151 day of October, 2000, by and between all parties who are now or may hereafter become members of the Florida Municipal Pension Trust Fund (FMPTF) and the individuals named -as Master Trustees pursuant to Article X of the Master Trust Agreement and their successors (such trustees collectively referred to as the "Master Trustees"). Article IV, Section A of the Master Trust Agreement provides that the Master Trustees have the exclusive authority and discretion to manage and control the assets of the Master Trust held by it according to the provisions herein. II. PURPOSE AND SCOPE The Florida Municipal Pension Trust Fund Master Trustees has established the herein investment policy and portfolio guidelines to assist the Administrator in the administration of the assets of the Master Trust Fund; to guide the investment managers in structuring portfolios consistent with the Master Trust Fund's desired performance results and an acceptable level of risk; and to assure the Master Trust Fund assets are managed in a prudent fashion. The Scope of this policy is: 1) Applicable to all funds, assets and properties under the control of the Master Trustees. x 2) Applicable to all consultants, agents, and staff responsible to the Master Trustees. III. INVESTMENT OBJECTIVE AND EXPECTED ANNUAL RATE OF RETURN The primary objective is to seek long-term growth of capital and income consistent with conservation of capital. Necessary liquidity will be maintained to meet payout requirements. Emphasis is placed on achieving consistent returns and avoiding extreme volatility in market value. As of October 1 of each year, the Master Trustees shall determine for the defined benefit plans in the FMPTF the total expected annual rate of return for the current year, for each of the next several years and for the long-term thereafter. The expected annual rate of return for the current year and long-term thereafter is 7.5%, until amended by the Master Trustees. This determination must be filed promptly with the Department of Management Services, the Administrator, Master Trustees, and the Actuary. Specific member plan provisions may supercede this expected rate of return by approval of the Administrator and Plan Actuary. Page Iof 10 IV. DUTIES AND RESPONSIBILITIES Under the direction of the Master Trustees, it shall be the responsibility of the Administrator to supervise and administer the Master Trust Fund's investment program pursuant to a written agreement between the Master Trust Fund and the Administrator including, but not limited to, the following: 1. Supervise and coordinate the activities of qualified investment management firms, dealers, brokers, issuers, custodians, consultants and other investment advisors in keeping with this investment policy. 2. Provide advice and assistance in the administration and operation of the Master Trust Fund's investment program. 3. Establish accounting systems and procedures for the safekeeping, disposal of and recording of all investment assets held or controlled by the Master Trust Fund including the establishment of appropriate internal controls as required. 4. Assist in the design, development, operation, review and evaluation of the Master Trust Fund's investment program for compliance with this policy. Advise the Master Trustees as to recommendations relative to amendments to this policy. Inform the Master Trustees of unaddressed concerns with the Master Trust Fund's investment program. 5. Immediately notify the Master Trustees of any event or of any information that may have a severe and adverse effect on the Master Trust Fund's investment program under the provisions of this policy. x V. INVESTMENT AND FIDUCIARY STANDARDS The standard of prudence to be used by investment advisors, money managers or other qualified parties or individuals with contracted investment responsibilities with the Master Trust Fund (the "Managers") shall be by "prudent person" which provides that the investments of the Master Trust Fund shall be made with the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of the invested Master Trust Funds considering the probable income, total return and probable safety of these Master Trust Funds. Managers shall adhere to the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A) through (C). Individuals, acting in accordance with established procedures and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to minimize any investment losses. Any individual who is involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Managers shall have a written policy Page 2of 10 which addresses the disclosure of potential conflict -of -interests which shall be submitted to the Administrator upon request. Managers shall also disclose to the Administrator any material Financial/investment position or finding which may be contrary to this policy or otherwise related to the performance of the Master Trust Fund's portfolio. Any adverse findings of the U.S. Department of Labor or the Securities and Exchange Commission regarding a Manager or its financial activities shall be brought to the immediate attention of the Master Trustees by the Administrator once the Administrator is notified. Before engaging in any investment transactions with the Master Trust Fund, a Manager shall have submitted to the Administrator a signed certification from a duly authorized representative attesting that the individuals responsible for the Master Trust Fund's account have reviewed and shall comply with- this investment policy and that they agree to undertake reasonable efforts to preclude imprudent transactions involving the funds of the Master Trust Fund. VI. INTERNAL CONTROLS The Master Trustees require that the Administrator and any other designees establish a system of internal controls which shall be in writing. These controls shall be reviewed by independent certified public accountants as part of any required periodic financial audit periodically required. The internal controls should be designed to prevent losses of Master Trust Funds which might arise from fraud, error, misrepresentation by third parties, or imprudent actions by.the Master Trustees, Administrator or other designees VII. BROKERAGE AND BID REQUIREMENT Investment managers shall use their best efforts to ensure that portfolio transactions are placed on a best execution basis. The Master Trustees intend to utilize recapture commissions when it does not interfere with best execution, solely at the discretion of the investment managers. Managers are required to, on a quarterly basis, report all brokerage transactions and reasons for using brokers to the Master Trustees. The Investment Managers shall competitively bid securities in question when feasible and appropriate. Except as otherwise required by law, the most economically advantageous bid must be selected. VIII. PROXY VOTING Responsibility for the voting of proxies shall be with the Master Trustees. The Master Trustees may exercise the right to assign this responsibility to the investment managers. Since proxy votes may be considered an asset of the Master Trust Fund, the assignment of voting proxies shall be exercised solely in the interest of the participants and beneficiaries of the Master Trust Fund, and for the exclusive purpose of providing benefits to participants and beneficiaries. Documentation related to the handling and voting of proxies will be reported to the Master Trustees on a quarterly basis. IX. CONTINUING EDUCATION The FMPTF acknowledges the importance of continuing education for Master Trustees. To that end, the Master Trustees shall attend appropriate educational conferences in connection with their duties and responsibilities as Master Trustees. Page Sof 10 X. REPORTING AND PERFORMANCE MEASUREMENT The Administrator shall submit to the Master Trustees a quarterly investment report with information sufficient to provide for a comprehensive review of investment activity and performance for the quarter. Performance shall be measured against appropriate indices identified by the Master Trustees for each investment category. This report shall summarize recent market conditions, economic developments and anticipated investment conditions. The report should also summarize the investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, adherence to guidelines and other relevant features. Managers shall provide timely transaction and performance data to record and document investment activity including asset valuation, yield and total return data and such other relative performance data of the Master Trust Fund's portfolio on a periodic basis as may be reasonably requested by the Administrator. The Administrator, Managers, and other contracted parties shall provide to the Master Trust Fund's Auditor such verifications or reports as are required for the purpose of developing and supporting the annual financial statements of the Master Trust Fund, and the footnotes thereto. Managers shall provide immediate written and telephone notice to the Administrator to the Master Trust Fund of any significant event, specifically but not limited to the resignation, termination or incapacity of any senior personnel. XI RISK AND DIVERSIFICATION The Board will monitor the return per unit of risk (as measured by the standard deviation of quarterly returns) of the Master Trust Fund's assets on an ongoing basis, with each Manager's contribution being reviewed independently and as to its impact on the overall Master Trust Fund's investment return and volatility of results over time. Each manager's contribution will be measured against similar data for appropriate benchmarks. Investment guidelines and monitoring will provide controls for identifying and limiting risk of loss from over concentration of assets invested in a specific maturity, with a single issuer, in like instruments, or dealers or through utilization of intermediaries for purchase and sale of investments. Risk and diversification strategies shall be reviewed and revised, if necessary, on a regular basis in light of the current and projected market condition and the Master Trust Fund's needs. Assets in the Master Trust Fund shall be diversified among equities, fixed income, and real estate to minimize overall portfolio risk consistent with the level of expected return and thereby improve the long-term return potential of the Master Trust Fund's assets. The Master Trustees reserve the right to add additional diversification by retaining multiple managers or portfolios, upon Master Trustee approval and amendment to this Policy, to further minimize portfolio risk or to maintain the level of expected return. Pagc 4of 10 Investment managers shall be selected to fulfill a particular diversifying role within the Master Trust Fund's overall investment structure. It is the express intent of the Master Trustees to grant each investment manager substantial discretion over the assets under its control. XII. ASSET ALLOCATION AND PORTFOLIO COMPOSITION Assets of the Master Trust Fund shall be invested in a diversified portfolio consisting of equity and debt. Although cash is not included in the asset allocation of the Master Trust Fund, surplus cash flows, additional contributions and investment manager cash will be utilized to pay obligations of the Master Trust Fund and periodic re -balancing of the assets. The Master Trust Fund may consider investments in other asset classes which offer potential enhancement to total return at risks no greater than the, exposure under the initially selected asset classes. From time to time the Master Trustees will adopt asset allocation strategies within the ranges specified below: Maximum Limitation Equities 70% at market The Master Trustees may employ an independent consultant to perform an annual, or more frequent, Asset Allocation Report that will include, but not be limited to, a strategic analysis and report on asset allocation investments between different types of investments and appropriate changes to the percentages therein. This study will be used to assist the Master Trustees in the determination of the appropriate investment allocation to maximize the return and minimize the risk to the pooled assets of the Master Trust Fund. This study may include a recommendation to add or delete asset classes as is warranted by the risk/reward analysis and by Master Trustee approval. The Master Trustees are not bound by acceptance or denial of recommendations presented in conjunction with the Asset Allocation Report. It is not the intention of the Master Trust Fund to become involved in the day-to-day investment decisions. Therefore, the investment managers are authorized by this document to make asset allocation decisions to reallocate or redirect either contributions or the investments held by the Master Trust Fund in order to take advantage of changing market conditions. Any tactical allocation that will cause the allocation of the investment classes to vary from the approved strategic allocation percentages of any asset class by more than 5% requires approval by the Master Trust Fund Chairman. The investment managers will report to the Master Trustees at their quarterly meetings on the tactical and re -balancing allocation decisions made during the prior quarter. Pagc 5of 10 XIII. MATURITY AND LIQUIDITY The Master Trust Fund shall provide sufficient liquidity to meet any required payment. XIV. AUTHORIZED INVESTMENTS In an effort to accomplish the objectives of the Master Trust Fund, this policy identifies various authorized investment instruments, issuer diversification, maturity constraints, investment ratings and liquidity parameters. The following are authorized investments: A. Repurchase.Agreements which are purchased only from dealers authorized by the Master Trustees and may only involve the sale and repurchase of securities authorized for purchase by this investment policy. Maximum maturity at purchase shall not exceed 180 days with a total average maturity, at any point in time, for all repurchase agreements held of not greater than 60 days. B. Direct obligations of the United States Treasury including Bills, Notes, Bonds and various forms of Treasury zero-coupon securities. C. Any authorized investments purchased by or through the State Board of Administration or the Office of the State Treasurer and held on behalf of the Trust in a commingled pool or separate account. D. Commercial paper issued in the United States by any corporation, provided that such instrument carries a rating of "Al/Pl" (or comparable rating) as provided by two of the top nationally recognized statistical rating organization; and that the corporation's long term debt, if any, is rated at least "Al/A+" by a nationally recognized statistical rating organization or, if backed by a letter of credit (LOC), the long term debt of the LOC provider must be rated at least "AA" (or a comparable rating) by at least two of the nationally recognized statistical rating agencies publishing ratings for financial institutions. The maximum maturity shall not exceed 270 days from the time of purchase. E. Banker's Acceptances issued within the U.S. by institutions with a long term debt rating of at least "AA" or short term debt rating of P1 (or comparable ratings), as provided by one nationally recognized statistical rating organization. Exceptions to the above may be approved by the Administrator from time to time and reported to the Board of Trustees. The invested account of a Manager may own no more than five percent of the portfolio in banker's acceptances issued by any one depository institution at one time. Maximum maturity shall not exceed 270 days from the time of purchase. F. Nonnegotiable Certificates of Deposit issued by Florida Qualified Public Depositories as identified by the State Treasurer's office /or negotiable Certificates of Deposit issued in U.S. dollars by institutions, provided such institution carries a short term rating of at least "Al/P1" (or comparable rating) and a long term rating of a least "A" (or comparable rating) as provided by two of the top nationally recognized rating agencies. The invested account of a Manager may own no more than $5,000,000 in certificates of any one depository institution at one time. Maximum maturity on any certificate shall be 2 years. Page hof 10 G. Obligations of the agencies or instrumentalities of the Federal Government including but not limited to the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks, Student Loan Marketing Association, and the Resolution Master Trust Funding Corporation. H. Money Market Mutual Master Trust Funds as defined and regulated by the Securities Exchange Commission. Money Market Master Trust Funds will be limited to monies held by trustees, paying agents, safekeeping agents, etc., as a temporary investment to facilitate relationships as delineated above. I. Mortgage obligations guaranteed by the United States Government and sponsored agencies or instrumentalities including but not limited to the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. Mortgage-backed securities, including mortgage -pass through securities and Collateralized Mortgage Obligations (CMO) issued, guaranteed or backed by an agency or instrumentality of the Federal Government or other mortgage securities including CMOs rated AAA or equivalent by a nationally recognized statistical rating organization. Derivative mortgage securities, such as interest only, principal only, residuals and inverse floaters are prohibited. J. Corporate Fixed Income Securities issued by any corporation in the United States with any A rating. A Manager may hold no more than 5 percent of the invested account in any one corporation at the time of purchase. K. Asset -Backed Securities issued in the United States. L Securities of State, Municipal and County Governments or their public agencies, which are rated in the three highest rating categories by a national recognized statistical rating organization. x M. Commingled governmental investment trusts, no-load investment Master Trust Funds, or no-load mutual Master Trust Funds in which all securities held by the trusts or Master Trust Funds are authorized investments as provided herein or as may be approved by the Master Trustees. N. Guaranteed Investment Contracts (GIC's) with insurance companies rated in the highest category by AM Best Rating System or a comparable nationally recognized statistical rating organization. O. Investment Agreements with other financial institutions. If collateralized, the collateral securing the investment agreement shall be limited to those securities authorized for purchase by this investment policy. The invested account of a Manager may own, at one time, no more than $10,000,000 in investment agreements from any one financial institution. P. Equity Assets including common stock, preferred stock and interest bearing obligations having an option to convert into common stock. Q. Securities lending with approved dealers and custodians. R. Florida Municipal Investment Trust (FMIvT) Portfolios. Page 7o 10 XV. VALUATION OF ILLIQUID INVESTMENTS If illiquid investments for which a generally recognized market is not available or for which there is no consistent or generally accepted pricing mechanism, the criteria set forth in Section 215.47(6), Florida Statutes, shall apply, except that submission to an Investment Advisory Council is not required. For each plan year (defined benefit plans only) the Master Trustees must verify the determination of the fair market value for those investments and ascertain that the determination complies with all applicable state and federal requirements. The Master Trustees shall disclose to the Department of Management Services and the Administrator each such investment for which the fair market value is not provided. XVI. MASTER REPURCHASE AGREEMENTS All approved institutions and dealers transacting repurchase agreements shall execute and perform as stated in a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. This provision does not restrict or limit the terms of any such Master Repurchase Agreement. XVII. PLAN CUSTODIAN A third party custodian shall hold all actively managed or non -indexed assets of the Master Trust Fund. The plan custodian will operate in accordance with a separate agreement with the Master Trustees. All securities shall be held with a third party, and all securities purchased by, and all collateral obtained by the Master Trustee shall be properly designated as an asset of the Master Trustee. No withdrawal of securities, in whole or in part, shall be made from safekeeping except by an authorized member of the Master Trustee or Mastef Trustee's designee. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. XVIII. CRITERIA FOR INVESTMENT MANAGER REVIEW The Master Trustees wishes to adopt standards by which ongoing retention of an investment manager should be determined. With this in mind, the following guidelines are adopted: If, at any time, any one of the following is breached, the Manager will be notified of the Master Trustees' serious concern for the Fund's continued safety and performance and that manager termination could occur. 1. Consistent performance below the fiftieth (50`h) percentile in the specified universe over rolling three-year periods. 2. Consistent under -performance of the stated target index over rolling three-year periods. Page 8of 10 3. Loss by the manager of any senior personnel deemed detrimental to the manager's ability to perform required duties. 4. Substantial change in basic investment philosophy by the manager. 5. Substantial change of ownership of the firm deemed detrimental to the manager's ability to perform required duties. 6. Failure to attain at least a fifty-one (51%) percent vote of the confidence of the Master Trustees. 7. Failure to observe any guidelines as stated in this document. This shall in no way limit or diminish the Master Trustees' right to terminate the manager at any time for any reason. Investment Management Agreements will be entered into between the Master Trustees and each Investment Management Firm. The agreements will include such items as Fiduciary Standards, notice requirements, duties and responsibilities and specific investment guidelines for the management of the Master Trust Fund and will be subject to the prior review and approval of an attorney for the Master Trustees. All investment managers must be duly registered with the appropriate government agencies to act in the capacity of investment manager on behalf of the Master Trustees. Any investment manager appointed shall promptly notify the Master Trustees in the event any circumstance arises that may result in its failing to continue to meet the requirements stipulated by the respective government agencies. Investment manager's performance will be evaluated with the assistance of performance measurement consultants on an on-going basis and will be a primary criteria for their retention. XIX. REVIEW AND AMENDMENTS x It is intended that the investment managers, consultants, administrator, and Master Trustees review this document periodically. If at any time a manager or consultant believes that the specific objectives defined herein cannot be met or that the guidelines unreasonably constrict performance, the Master Trustees shall be notified in writing. By the initial and continuing acceptance of these investment guidelines, the investment manager concurs with the provisions of this document. XX. FILING OF INVESTMENT POLICY Upon adoption by the Master Trustees, the Investment Policy herein shall be promptly filed with the Department of Management Services, the participants in the FMPTF and the plan actuary. The effective date of this Investment Policy, and any amendment hereto, shall be the 31st calendar day following the filing date with the plan sponsor. Page Sof 10 XXI. EFFECTIVE DATE The Master Trust Fund's Investment Policy shall become effective October 1, 2000. As adopted by the Master Trustees on J i day of a U4 -46,w, 2000 Chairman U Florida Municipal, Pension Trust Fund Master Trustees lecutive Director, Florida League of Cities, For the Administrator Pagc 10of 10