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HomeMy WebLinkAboutPacket 12-18-2001CALL TO ORDER: PLEDGE OF ALLEGIANCE: City of Cape Canaveral INCIL REGULAR MEETING :ITY HALL ANNEX nue, Cape Canaveral, Florida TUESDAY December 18, 2001 7:00 PM AGENDA ROLL CALL: PRESENTATION: Beautification Board — Holiday Awards Mr. Bob Kamm, Staff Director of the Brevard Metropolitan Planning Organization on the SR Al study project recommendations. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 4, 2001. 2. Cooperative Purchase of Sewage Lift Station Emergency Generator in the amount of $24,765 to Florida Detroit Diesel. 3. Statewide Mutual Aid Agreement with the State of Florida, Department of Community Affairs. 4. Cancellation of the City Council Regular Meeting on January 1, 2002. 5. Renewal of the Legal Services contract with the Firm of Amari & Theriac, P.A., Designating Mark McQuagge as City Attorney. 6. Environmental Cleanup of Jamieson Property in the amount of $22,000 to Daley Environmental Services, Inc. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 e FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net Cape Canaveral, Florida )uncil Regular Meeting ober 18, 2001 7. Bid award No. 01-12, Fertilization, Insect, Disease and Weed Control of Turf Areas to McCall Services, Inc. in the amount of $10,700. CONSIDERATIONS: 8. WFTV Channel 9's Request Forwarded by Time Warner Cable to be Exempt from Brevard County's Emergency Alert System. 9. Ranking of Stormwater utility Consultants, RFP No. 01-11. RESOLUTIONS: 10. Resolution No. 2001-45 Amending the Annual General Fund and Fire Protection Fund budgets for the fiscal year ending September 30, 2001. DISCUSSION: 11. Sewer rates. 12. Governor's Municipal Mentoring Initiative. 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 tak2 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. Meeting Type: Regular Meeting Date: 12-18-01 AGENDA Heading Presentation Item There were some concerns raised at the MPO meeting of 11-08-01 (see attached minutes), and no action was taken No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: MR. BOB KAMM, STAFF DIRECTOR OF THE METROPOLITAN PLANNING ORGANIZATION ON THE SR AIA STUDY PROJECT, RECOMMENDATIONS DEPT./DIVISION: LEGISLATIVE Requested Action: Mr. Bob Kamm, MPO Staff Director, will update City Council on the MPO concerns and is seeking City Council support for the attached MPO resolution and project ranking for SR AIA improvements. Summary Explanation & Background: There were some concerns raised at the MPO meeting of 11-08-01 (see attached minutes), and no action was taken on this resolution that would continue the planing process for these projects. Exhibits Attached: MPO Resolution; MPO Minutes of 11-08-01 City MapagOWOffice Department LEGISLATIVE nt tm\mydocumen ounceeting\2001\12-18-01WPO.doc RESOLUTION 02-10 RESOLUTION endorsing the recommendations of the SR A1A Arterial Investment Study between SR 404 and SR 401. WHEREAS, the Brevard Metropolitan Planning Organization (MPO) is the designated and constituted body responsible for the urban transportation planning and programming process for the Palm Bay -Melbourne -Titusville Urbanized Area; and WHEREAS, at the MPO's request the Florida Department of Transportation undertook an Arterial Investment Study (AIS) to evaluate current and future mobility needs in the general area served by SR A1A between SR 404 and SR 401; and WHEREAS, said AIS included extensive coordination and cooperation with the Brevard MPO, the Cities of Cape Canaveral and Cocoa Beach, Brevard County, the public and potentially affected parties to insure the AIS recommendations were consistent with the goals and plans of the affected communities; and WHEREAS, the AIS has produced recommendations to address existing and future deficiencies within the corridor including traffic flow, storm water treatment, visual appearance, pedestrian and bicycle features, property access and transit, while minimizing the impacts on the natural and built environment; and WHEREAS, the Cities of Cape Canaveral and Cocoa Beach have endorsed these recommendations. NOW, THEREFORE BE IT RESOLVED by the Brevard Metropolitan Planning Organization that the Brevard Metropolitan Planning Organization: 1. Endorses the recommendations of the SR A1A Arterial Investment Study as summarized in Attachment A. 2. Endorses the phasing of said improvements in the sequence listed in Attachment A. 3. Requests continued cooperation during the design of said improvements between the FDOT, the MPO, affected local governments and the public with particular regard to drainage, storm water retention, access management, bicycle and pedestrian movement, signage, traffic signal coordination, landscaping and highway lighting. DONE, ORDERED AND ADOPTED THIS 14T" DAY OF FEBRUARY, 2002. ATTEST: BREVARD METROPOLITAN PLANNING ORGANIZATION SUSAN CARLSON, SECRETARY LARRY L. SCHULTZ, CHAIRMAN MPO RESOLUTION 02-10 [`(noffl' Pro'ect/Project Limits N. Volusia Lane S. Just south of St. Lucie Lane E. Just east of SR A' A W. Belt Road Total length: 0.4 miles PHASE 1: SR AIA/SR 520 Intersection Construction Cost $ 3.2 Million • Addresses most critical need in the entire corridor • Other improvements are reliant on this intersection's reconstruction • Additional SB through lane at the intersection adds sufficient capacity to meet future travel demand • 4 -lane urban divided cross-section w/ additional SB thru lane from Volusia Lane to St. Lucie Lane • Convert existing SB continuous right turn lane to standard right • Increase WB left storage bay capacity • Re -design Marion Lane intersection to increase left turn storage, retain signalization • 4 -foot bike lanes • B -foot sidewalk east side/6-foot sidewalk west side • Enhanced Bike/ped crossing at St. Lucie Lane., N. Belt Road, SR 520 and Marion Lane • Stormwater Management �.-- E1dsWg � R;W Line �q-onstrudlon Proposed i_ ElOeting — RrW Line WW (45..5).. Proposed Plan Goometry 1216101 phases PHASE 2: SR A1A/North Atlantic Ave. Intersection Promect/Project Limits Project Componen N. Just north of N. Atlantic Ave. Addresses area of accident rates S- Just south of Jackson Ave. • Includes re -alignment of International Drive E. As required on N. Atlantic Ave. W. As required on International Drive - 4 -lane urban cross-section w/ landscape medians and tum bays • 4 -foot bike lanes 8 -foot sidewalk west side/6-foot sidewalk east side Enhanced Bike/ped crossing at Astronaut Blvd. Bus bays where feasible • Stormwater Management Landscaping • Highway lighting • Current signalization to remain Cape Canaveral — Shepard Drive to N Atlantic Astronaut Blvd Existing 4 Ecoivaucum Proposed 4 -Lane Urban Divided (Shifted West) Construction Cost $ 1.5 Million Project Location Map 12/6/01 phase2 Project/Project Limits N Just north of Intersection S. Just south of the Pineda Causeway E As required W. As required PHASE 3: SR A1A/SR 404 Intersection Project Components Construction Cost $ 2.1 Million • Provides for physically seperated turbo lane • Intersection improvements address high accident area • Improves evacuation capacity by allowing for NB dual lefts onto SR 404 Physical separation of continuous green lane Longer merge area for WB vehicles turning onto SR A1A 4 -foot bike lanes 8- 10 foot sidewalk east side/6-foot sidewalk west side Stormwater Management Landscaping Highway lighting Current signalization to remain Proposed Intersection Geometry L---\ 1 -SOUTHERN GATE } CE i ss L3, 10 22,30n; Pineda Cswy, Project Location Map ZIA& PHASE 4: Central Cocoa Beach Project/Proiect Limits Project Components Construction Cost N St. Lucie Lane • Addresses area with highest current and projected volume $ 7.1 Million S. Sunflower Lane (north end of one-way pair) E. As required 4 -lane urban cross-section w/ landscape medians and turn bays W. As requird 4 -foot bike lanes 8 -foot sidewalk east side/6-foot sidewalk west side Total length: 1.9 miles Bus bays where feasible Stormwater Management Landscaping Highway lighting Current signalization to remain Power transmission lines to remain due to relocation cost SRA1A — 4"' St. North to St. Lucie Lane EXIST, Rm LINE EXIST RM !INE 10'_ 1V 1V 10, e4DIRECT. LEFT I�,t4fi 900 TURN LANE VARIES VARIES _ VARIES VARIES LLD SHLDR �� .._... )Varies 4' i 11' i 11' 19.5' 11' 11• 4'; 8' ' r --s? Existing Pi 4 R,'W Line Existing ' ! RIW Una Construction --► Proposed Project Location Map 12/6/0' phase4 TA Am PHASE 5: N. Cocoa Beach/S. Cape Canaveral ProjecVProject Limits Project Components N. Just S. of Jackson Avenue • Addresses high congestion and accident area S. Volusia Lane E. As required 4 -lane urban cross-section w/ landscape medians and turn bays W. As required 4 -foot bike lanes 8 -foot sidewalk east side/6-foot sidewalk west side Total length: 2.6 miles Enhanced Bike/ped crossing at Shepherd Drive Bus bays where feasible Stormwater Management Landscaping Highway lighting Traffic signals remain at current locations with upgraded hardware SRA1 A — Volusia Lane to Shepard Drive 4 -Lane Urban Divided (Shifted East) ar, -- - - NF Existing 3 ; rte, +-- hwmel•alnn Ppl. [0 0.Wroiin �kn. pre i I IVariea 9 w ii µ 11 •« 19,5 .. 11 w il' w4• g Etle my RW LIN N,. 1625' • '- R,W line rW1• ; gco�u.ndmn--a - Proposed Construction Cost $ 8.7 Million Cape Canaveral — Shepard Drive to Jackson Avenue 4 -Lane Urban Divided (Shifted West) noa, ,ST IRECT , 300 ' TI,pN LANE ''. e VAwF3 -V/Jt F3 PAVT _�� VM E31 iE6� Existing Exlsimg RW W. Proposed Project Location Map 1216101 phases IM N. Sunflower Lane S. 1st St. South E. As required W. Brevard Avenue Total length: Orlando Ave. 0.7 miles, Atlantic Ave. 0.7 miles PHASE 6: Downtown Cocoa Beach Construction Cost $ 4.6 Million Provides for downtown streetscape and enhanced parking for Orlando Ave., Atlantic Ave. and Minutemen Causeway On -street parking 1 st St. N to 1 st St. S. • Access aisle and parking on east side of Orlando Ave. • Access aisle and parking on west side of Atlantic Ave. • New geometry and on -street parking on Minutemen Causeway between Orlando and Atlantic Aves. • 4 -foot SB bike lane on west side of Orlando Ave. • 4 -foot NB bike lane on east side of Atlantic Ave. • 8-10 foot enhanced sidewalk east side of Atlantic Ave. • Enhanced Bike/ped crossings on south side of Minutemen • Mid -block crossing on Minutemen between Orlando and Atlantic Avenues • Bus bays where feasible Stormwater Management • Landscaping • Highway lighting • Current signalization to remain • Power transmission lines to remain due to relocation cost Downtown Cocoa Beach — 1" Street South to 1" Street North EXIST —y RIW _ _ E%IBT _LINE� i PARK Nr ARK�NG URB fl CURB& G—ER Existing Cottage Row —1' Street North to 41" Street North Existing Proposed Project Location Map Proposed 12/6/01 phase6 FM Project/Project Limits N. 1st St. North S.PAFB E. As required W. As required Total length: Orlando Ave 2.3 miles, Atlantic Ave. 3.0 miles PHASE 7: South Cocoa Beach Crescent Beach, 35th St South to 24th St South . � I ItW Uw• I.....IAi9' ••.... siwmwat�wYaaame+ • '•... YYedMg � 0.'•..:1_ w.w ��., ,. 0.'W LM Q Can•uwllan . Proposed South Orlando Avenue - 24'h St. South to 1`I St. South 60' l rban Section w/ Piping and Parking (Looking South) E%s- � EB 7�' ARIES I _ SPAY! PAJl. i C Existing ''�PastYW SRoeYT 86 Lry7h i AL ICY SitlewdM * r ParYny r Project Components Construction Cps $ 17.9 Million • Provides for needed storm water, parking and access management 2 -lane urban cross section in one-way pair area 4 -lane urban cross-section w/ landscape medians and turn bays Access aisle and parking provisions in key locations 4 -foot SB bike lane on west side of Orlando Ave. 4 -foot NB bike lane on east side of Atlantic Ave. 8-10 foot enhanced sidewalk east side of Atlantic Ave. 6 foot sidewalk on west side of Orlando Ave. 6 foot sidewalk on west side of Atlantic Ave. Bus bays where feasible Landscaping Power transmission lines to remain due to relocation cost jManNgemeN ' • Lf,.l2Y... r.. �_.,,,.�• . 1T _.� 12' ti4' �e•. >!% tk::YZB' ti +.- RWRENV R -W LIns � I:Hl ,�. Li.W f9ii W LAYe QConeY,uWm -ti Proposed South Atlantic Avenue — 24" St. South to 1'L St. South 52' 1lrban Section w/ Closed Drainage (Looking North) -_.. _.__.. OCIST __ _ LINE LME NE VSO�S J SP ILR . - Existing Bkr Late it 1 w t -We j ;YNd-11 LL gyYewyk Naetlwtl i st mWm6 0 P N'Une � Y4.5'......µ8 • �...�7'.. µ Y4... .:. �4µ 19".:.10.9' RW I�Me I � I �a; .l }T •� 1..... w R'W i34.9�..... j• -:f:.t 41 ¢rmetrucHon � .. Proposed Yl Vq;.tCAVt - _ I 4 i6 (.Ii I:M.tVT 0t: ACk1 °' 1 ttt t)+," ISI- \fol 0 1 Area of Project 12/6/01 phase7 PHASE 8: North Cape Canaveral Prdect/Proiect Limits Project Components Construction C $ 4.5 Million N. Port Canaveral interchange S. north of N. Atlantic Ave. 4 -lane urban cross-section w/ landscape medians and turn bays E. As required 4 -foot bike lanes W As requird 8 -foot sidewalk east side/6-foot sidewalk west side Bus bays where feasible Total length: 2.0 miles Stormwater Management Landscaping Highway lighting Current signalization to remain Cape Canaveral — North Atlantic to Central Blvd Cape Canaveral — Central Blvd to George King Blvd ___. '., '., INE 'i �'•�E%IRT i u [ «. R' _. it ,}., __. I➢_. -n 1G'. ,U I.E � Ltn i 5 ARIES EYJSTING ExsnNc IiNTERMI.. , uNTERMm�En` Existing Q,constructiony *i Proposed Project Location Map - SHLDR. VT Existing 1216/01 phase8 Dave Nesbitt: Dr. .- xr.. F s W, Ce t -I Blvd. �I Q,constructiony *i Proposed Project Location Map - SHLDR. VT Existing 1216/01 phase8 PHASE 9: Patrick AFB Project/Project Limits Project Components Construction Cost $ 16.8 Million N. PAFB north boundary • Longest length of improvements S. Just north of the Pineda Causeway • Area with lowest need E. As required W. As requird • 4 -lane urban cross-section w/ landscape medians and turn bays • 4 -foot bike lanes Total length'. 4.0 miles • 8- 10 foot sidewalk east side • Bus bays where feasible • Stormwater Management • Landscaping • Current signalization to remain Just North of Pineda Causeway to Patrick Air Force Base Central Gate I ww (100,) L_ EJIIST. DUST. RM LINE RM' LINE SHLDR BuDIRECT SHLDR. EF L.50n_5' A 7_4. TURN UNE 4....4.... .....5� VARIES SWK. SWAIE l_ SHLDR. SHLDR. " sw/ VARIES PAVT. PAYS PAVER 1 t PAVER -BLOCKS ( BLOCKS-. _ I------ r,�-.�-s'_""L_. ..-.— . — —... __.— — ...`_�='^fib-•-"--"-"'-"'. A`BALL T 6'8ALU3T - ROCK ROCK Existing SR AIA PAFB Central Gate to 3511, Street South RM' VARIES (19V TO 11S) EXIST LINE 1z12 20' 11' 12 UNE _ f SW ( l I sa' soo a sco V VARIES ` sMLDR. SHLDR VARIES IMAVL I I MAV! �- EXISTNG SIpEwALK Existing Pasted Speed: 55 mph a1K� 7Yttrn„ Curb and Gutter 8Ikelane. t 8ke Lane Sidewalk � t o. Stormwater— O Management 4'� 17.. 12' 27 _12' 17 4, 10' i 1g x F (s ExtstkV RrW Lira! L'W Existing R?W Lha ----+i !� _._ _ ....... R,MI Varies 149'to 84) w :VW163 (51" to 86) ... __.... __. QConstructlon _._; _.. Proposed Project Location Map BREVARD METROPOLITAN PLANNING ORGANIZATION NOVEMBER 8, 2001 A meeting of the Brevard Metropolitan Planning Organization was held on Thursday, November 8, 2001 at 9:00 a.m. at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. C, second floor Space Coast Room in Viera. MPO MEMBERS PRESENT: Mayor John Buckley Loretta Isenberg -Hand Jan Lieson Commissioner Randy O'Brien Jeff Rainey Mayor Larry Schultz Commissioner Raymond Sharkey Hank Simon Mayor Bob Wille Pat Woodard MPO MEMBERS ABSENT: Commissioner Sue Carlson Commissioner Jackie Colon Mayor Ed Geier Carl Hughes Mayor Judy Parrish Commissioner Truman Scarborough Grace Walker OTHERS PRESENT: Laura Carter Rene Davis Jim Egan John Flora Paul Gougelman Bob Kamm Barbara Kelly Ken Koch Dan Kristoff Don Land Frank Leslie Diana McCartney Barbara Meyer Kim Smith Jerry Sanson Vicki Smith Michael Szunyog Chuck Vreeland City of Melbourne City of Melbourne City of West Melbourne Brevard County District 2 City of Titusville City of Rockledge Canaveral Port Authority City of Palm Bay South Beaches Coalition City of Palm Bay Brevard County District 4 Brevard County District 5 City of Palm Bay City of Titusville City of Cocoa Brevard County District 1 City of Melbourne MPO Staff District 1 Commission Staff Scenic Highways Corridor Management Keith and Schnars, PA MPO Attorney MPO Staff MPO Staff City of Cocoa JE/Sverdrup City of Titusville Trailpartners MPO Staff Bicycle/Pedestrian Program Coordinator MPO Staff City of Cocoa Keith and Schnars, PA FDOT - District 5 FDOT - District 5 K, Harold Webb FDOT - District 5 1. CALL TO ORDER The meeting was called to order by Chairman Larry Schultz at 9:06 a.m. 2. APPROVAL OF MINUTES — OCTOBER 11, 2001 Motion by Mayor Wille, second by Mr. Woodard to approve the MPO minutes of October 11, 2001. The motion carried unanimously. 3A. TECHNICAL ADVISORY COMMITTEE/CITIZENS ADVISORY COMMITTEE REPORT Mr. Ryan reported the actions of the TAC/CAC from their meeting on Monday as follows: • Recommended approval of Resolution 02-09 amending the Transportation Improvement Program to add approximately $200,000 for landscaping • Recommended approval of Resolution 02-07 endorsing the recommendations of the US 1 PD&E Study. • Recommended approval of Resolution 02-10 endorsing the recommendations of the SR A1A Arterial Investment Study Mr. Ryan stated the committees also requested staff propose to the BPAC an expansion of its role to address the implementation of the Greenways and Trails Plan. Mayor Wille inquired about the basis for the dissenting votes on the SR Al resolution. Mr. Kamm stated two members of the CAC were concerned about the cost of the projects recommended by the Arterial Investment Study and that none of the projects add capacity to SR A1A. Motion by Mr. Simon, second' by Ms. Isenberg -Hand to acknowledge receipt of the TAC/CAC minutes of October 8, 2001. The motion carried unanimously. 3B. BICYCLE/PEDESTRIAN ADVISORY COMMITTEE REPORT Ms. Meyer reported the next meeting of the Bicycle/Pedestrian Advisory Committee is scheduled for November 13' at 6 p.m. at Palm Bay Community Center. Ms. Meyer stated the cities of Titusville and Cocoa Beach have adopted the map contained in the Greenways and Trails plan. Ms. Meyer stated a partnership between Brevard County, Volusia County and the East Central Florida Regional Planning Council has submitted an application for funds to acquire the FEC rail line Titusville to Enterprise to construct a trail. Ms. Meyer stated FEC seems to be amenable to the purchase of this property. Ms. Meyer stated the City of Titusville is partnering with Parrish Hospital to construct a trail. Ms. Meyer stated health agencies are supportive of these projects because of the importance of exercise to health. Ms. Meyer stated the City of Palm Bay has acquired a Florida Power and Light easement and is proposing construction of a trail on the property. 3 Ms. Meyer stated the Brevard Zoo Trail is under design Mayor Schultz inquired if the BPAC has provided any feedback on changing their role to address the implementation of the Greenways and Trails Master Plan. Ms. Meyer stated BPAC members have previously expressed concern about focusing on transportation issues rather than bicycle and pedestrian issues. Ms. Meyer stated the BPAC has made a great deal of progress in institutionalizing the process for obtaining bicycle and pedestrian facilities. Ms. Meyer stated she believes the BPAC could refocus their membership to the Greenways and Trails Program. Ms. Meyer stated it may require a change in the bylaws of the BPAC, but believes this would be a positive thing for the BPAC. Mr. Kamm requested Ms. Meyer provide information about the application for grant funding to acquire the property running from North Titusville to Enterprise. Ms. Meyer stated the Rails to Trails group has ranked this application number two nationwide. Ms. Meyer stated the Rails to Trails Program believes this would be a very significant project. Ms. Meyer stated staff continues to work with the FEC on the acquisition of their abandoned rail corriodor. 3C. CENTRAL FLORIDA MPO ALLIANCE REPORT Mr. Kamm reported the actions of the Alliance at their last meeting held on October 18' in Lake County as follows: • Adopted a legislative issues package that incorporates items of concern to each MPO. • Will host a luncheon for the entire legislation delegation representing Central Florida to discuss the Alliance's legislative issues package. • Formed a rail subcommittee to review the rail proposals that will affect the Central Florida region. Mayor Judy Parrish has agreed to represent the Brevard MPO on the subcommittee. Mr. Kamm stated he will discuss the Alliance's legislative package in depth during the Legislative Issues item. 4A. APPROVAL RE: TAC/CAC MEMBERSHIP APPOINTMENTS 4B. APPROVAL RE: HIGHWAY BEAUTIFICATION GRANT TIP AMENDMENT, RESOLUTION 02-09 Motion by Ms. Isenberg -Hand, second by Mr. Simon to approve the MPO's consent agenda. The motion carried unanimously. 5A. DISCUSSION RE: US 1 PD&E RECOMMENDATIONS, RESOLUTION 02-07 Mr. Kamm reported the public hearing for the US 1 PD&E Study was held on October 18' . Mr. Kamm stated the hearing went well with about 140 citizens present. Mr. Kamm stated the Rockledge City Council adopted a resolution similar to the MPO's Resolution 02-07 with minor additions. Mr. Kamm stated the City of Cocoa previously adopted a resolution supporting the recommendations of the US 1 PD&E Study. Mr. Kamm stated staff has revised the Resolution 02-07 to reflect the changes by the Rockledge City Council. 0 Mayor Schultz stated the changes made by the Rockledge City Council address concerns expressed individual citizen concerns express during the US 1 PD&E. Mayor Schultz stated he recommends the MPO approve Resolution 02-07 amended to reflect the changes made by the Rockledge City Council. Mayor Wille requested staff identify the revisions to Resolution 02-07. Mr. Kamm reported the additions to Resolution 02-07 as follows: • The Florida Department of Transportation explore flexible design of any required retention areas with priority on locations west of US 1. • The Florida Department of Transportation pursue an aggressive public involvement program during the design phase. • The Florida Department of Transportation provide flexible access management (e.g. median openings) during the design phase. • The Florida Department of Transportation evaluate the street lighting proposals during the design phase. • The Florida Department of Transportation allow for reclaimed water lines in medians and other rights-of-way as a part of the 1.5% landscaping requirement. • The Board of County Commissioners evaluate upgraded transit for the US 1 corridor. Mr. Kamm stated these additions to the resolution reflect the desire of the Rockledge City Council to address the concerns expressed by individuals in relation to the US 1 improvements. Mr. Kamm stated the resolution also requests the County, FDOT and the affected cities work together to address issues as they are brought forward by residents. Mayor Wille inquired if it is appropriate for the MPO to request the Board of County Commissioners evaluate upgraded transit for the US 1 corridor. Mr. Kamm stated the Board of County Commissioners have jurisdiction ovpr Space Coast Area Transit so it is an appropriate request. Mayor Wlle stated the Board should consider evaluating transit in Brevard on a broad scope. Mr. Kamm stated the director of Space Coast Area Transit has indicated the Transit Development Plan is due during the upcoming year and that may be a vehicle for addressing the transit services along this corridor and throughout Brevard County. Motion by Mayor Wille, second by Ms. Lieson to approve Resolution 02-07 amended to reflect the changes incorporated from the resolution adopted by the Rockledge City Council. The motion carried unanimously. 4i 5B. LEGISLATIVE ISSUES Mr. Kamm stated Governor Bush has approved an economic stimulus package that will advance 62 transportation projects. Mr. Kamm stated these are projects that were already moving into the construction phase. Mr. Kamm stated no Brevard County projects were at the stage where they could be advanced. Mr. Kamm stated no additional money has been added and the money is being borrowed against the out years of the FDOT work program. Mayor Wille stated the MPO Executive Committee has discussed the possibility of recommending the MPO focus on fewer projects. Mayor Wille stated the Economic Stimulus package is a perfect example of where focusing on fewer projects could hurt the MPO. Mayor Wille stated the MPO should carefully consider any decision to focus greater funding on fewer projects. Mr. Kamm stated the US House of Representatives has adopted an economic stimulus package that did not include any incentives for infrastructure. Mr. Kamm stated the Senate is still in debate but does have a $5 billion dollar infrastructure component. Mr. Kamm reported the Alliance adopted three legislative positions including a request for a fair share distribution of the statewide rental car surcharge. Mr. Kamm stated 75% of that revenue goes to the state Transportation Trust Fund and is then distributed to counties by a formula utilizing gasoline sales and road miles. Mr. Kamm stated the Alliance supports the distribution of the remaining revenue to the counties in which the car rentals occurs. Mr. Kamm stated the current distribution formula costs the Central Florida region approximately $11-$12 million per year. Mr. Kamm stated the Alliance supports extending the current Transportation Disadvantaged $1.50 fee charged for license tags to cover large trucks, trailers and motorcycles. The Alliance also supports the upgrades to rail lines along Florida's east coast that will allow Amtrak passenger service on those rail lines. Mayor Buckley stated the Amtrak application has been denied funding by the Transportation Outreach Program. Mr. Kamm stated the legislative position will have to be revised as a result of the action taken by the Transportation Outreach Program. Mayor Wille stated he is impressed the Amtrak resolution was supported by the entire Alliance when the project will mainly benefit Volusia and Brevard counties. Motion by Mayor Buckley, second by Mr. Simon to support the Central Florida MPO Alliance legislative issues package, amending item 3 supporting Transportation Outreach Program funding for the rail upgrades to support Amtrak passenger service. Commissioner O'Brien inquired about the source of the funding for the rail upgrades. Mr. Szunyog stated the funds were originally allocated to the high speed rail project. When that project was discontinued, the funds were transferred into the Transportation Outreach Program. Commissioner O'Brien stated voters recently approved an amendment to the constitution to support the development of a high speed rail system. Commissioner O'Brien stated the FDOT application for TOP funding for the upgrades to the rail system could be considered as fulfilling the requirements of the constitutional amendment. Commissioner O'Brien stated the TOP funding could be redirected to its original purpose which was to develop and operate a high speed rail system. A Mayor Schultz stated the amendment to item 3 would eliminate any reference to Transportation Outreach Program funding for the upgrades to the existing rail system in order to support Amtrak passenger rail. Mr. Kamm stated that is correct. Mr. Kamam stated the TOP Advisory Council released their recommendations for funding totaling $92 million. Mr. Kamm stated the recommended project list included two projects in Brevard, modifications to SR 405 in south Titusville to allow for movement of large vehicles to and from the launch areas at Kennedy Space Center and the construction of a corporate aviation terminal at Space Coast Regional Airport. Mr. Kamm stated he understand the TOP Advisory Council had difficulty in determining whether to fund projects statewide or focus on funding fewer projects with a larger amount of funding. Mr. Kamm stated Mayor Judy Parrish is scheduled to speak at the legislative luncheon being hosted by the Alliance on November 151 . Commissioner O'Brien inquired about the benefits to Brevard County from the Amtrak service. Mayor Schultz stated it will increase travel convenience for both tourists and residents of Brevard County. Commissioner O'Brien stated the Tourist Development Council should be addressing the issue of Amtrak passenger service. Commissioner O'Brien inquired about the funding for the train stations that will be required if Amtrak service is provided along the east coast. Mr. Kamm stated local municipalities will pay 50% of the cost and the state will provide the other 50% Mayor Buckley stated the proposed rail station on Apollo Blvd. will be part of a true intermodal system along with the Melbourne Airport and the Greyhound and SCAT buses that are already available. Commissioner O'Brien inquired how many passenger planes are flying out of Melbourne Airport. Mayor Buckley stated since September 11' there are 8 passenger planes per day flying out of Melbourne Airport. Commissioner O'Brien inquired if the proposed Amtrak Service contains any contingency that would discontinue the service if passenger levels do no reach a certain level. Mr. Kamm stated Amtrak is under fiscal constraints from Congress but he has no specifics about the constraints. Mr.Kamm stated Mayor Parrish has advised him that she has received resolutions of support for the Amtrak service from local governments and agencies representing 3.5 million people. Commissioner O'Brien stated he has serious concerns about local governments spending this kind of money on a transportation system that has been bankrupt for the past 25 years. Mayor Schultz stated local governments must look at the need and the cost and make a decision based on that information. Mayor Schultz stated rail transportation is an older mode but there are places where it is very appropriate and absolutely necessary to have a train. Mayor Schultz stated decisions on the Amtrak issue are not the jurisdiction of the MPO. Mayor Schultz stated he encourages the MPO will support local jurisdictions on the Amtrak issue which will attract tourists and increase business. Mayor Schultz stated the success or failure of the Amtrak passenger rail cannot be determined by the MPO. Commissioner O'Brien stated the opportunity for increasing tourism should be provided but the jurisdictions that benefit the most from the Amtrak passenger rail should bear the greatest cost of constructing the rail stations. Commissioner O'Brien stated the Amtrak rail is more about tourism than commuting. Mayor Buckley stated the rail system will benefit the highways in Florida. Mayor Buckley stated the rail system will also provide an alternative to airline travel along Florida's east coast. Mayor Buckley stated eight mayors along Florida's east coast support the rail system and will request the legislature provide the funding for the upgrades to the existing rail lines. Mayor Buckley stated local jurisdictions will only provide 20% of the cost for the rail stations and Amtrak will furnish the other 80%. Commissioner O'Brien stated a study should be done to determine the traffic reduction on 1-95 resulting from the Amtrak service. Mayor Schultz stated there are valid points for both sides in the debate of whether the Amtrak service should be funded. Ms. Lieson stated she supports Mayor Buckley's comments that transportation is a problem and tourism is growing. Ms. Lieson stated the geographic characteristics of Florida will support Amtrak service. Ms. Lieson stated the future will bring even more residents and tourists and the roads in Florida will not be able to support them. Ms. Lieson stated this could inhibit the movement of goods and people in Florida. Ms. Lieson inquired why only two applications from Brevard were submitted to the TOP program. Mr. Kamm stated five applications were submitted from Brevard County jurisdictions. Mr. Kamm stated the TOP Advisory Council received funding applications for projects totaling hundreds of millions of dollars. Commissioner Sharkey stated the Amtrak service will serve Florida in the future. Commissioner Sharkey stated it may be true the system cannot be justified now, but in the long term, it will provide a necessary service. Commissioner Sharkey stated the Amtrak rail system will serve the residents and tourists in Florida well into the future. The motion carried unanimously. 5C. `APPROVAL RE: RESOLUTION 02-10, SR AIA AIS STUDY RECOMMENDATIONS Mr. Kamm stated the Arterial Investment Study on SR A1A has been completed and recommendations have been identified. Mr. Kamm stated staff has prepared a resolution for the committees' consideration. Mr. Kamm introduced Ms. Vicki Smith of Keith and Schnars, P.A. to provide the results and recommendations of the SR A1A Arterial Investment Study. Ms. Smith stated the Arterial Investment Study has included extensive public involvement through a project website, informational mailings, a toll free phone number and the citizens and technical advisory committees. Ms. Smith stated three workshops were held for this project and each had attendance of over 300 citizens. Ms. Smith stated numerous presentations were also given to homeowner's groups and other interested groups in the area. Ms. Smith stated the recommendations contained in the resolution are supported by the Cities of Cape Canaveral and Cocoa Beach. 0 Ms. Smith stated improvements are needed throughout the entire corridor. Ms. Smith stated the corridor was broken into smaller segments in order to determine the overall priority of the recommended improvements. Mayor Wille stated the construction costs are $3.2 million for priority number one. Mayor Wille inquired if there are cost estimates for the other projects. Ms. Smith stated the estimated cost includes right of way and design. Ms. Smith stated those estimates are for total costs for each priority. Mr. Kamm stated this is a planning level study so the cost estimates are very preliminary. Mr. Kamm stated the right of way impacts are limited and would be to the parking areas of Eckerds and Walgreens on the project at the intersection of SR A1A and SR 520. Mr. Kamm stated there are efforts underway to preserve right of way is needed. Ms. Smith stated the SR A1A corridor was defined as a constrained corridor. The proposed projects were focused on remaining within the existing right of way although there are minor right of way acquisition requirements in a few areas. Ms. Smith stated improvements to the intersection of SR A1A and North Atlantic Blvd. has been estimated to be'about $1.6 million. Ms. Smith stated those estimates were just completed and are not included in the agenda package. Mr. Kamm stated that intersection could also be treated as an independent project. Ms. Smith stated there are some problems with that intersection including an offset intersection. Mr. Kamm stated the City of Cape Canaveral is extremely interested in this project. Commissioner O'Brien inquired if the consultant is aware that the vacant property at that intersection has been sold. Ms. Smith stated she was not aware of that, but the design does address the super -elevation of that curve. The entire corridor design standards are from 30 to 40 years ago. Mr. Kamm stated Cape Canaveral officials have been made aware of the proposal to realign Astronaut Blvd. as part of the proposed improvements to that intersection. Mayor Schultz inquired about the next step in the process. Mr. Kamm inquired if Mr. Webb can provide a status on the MPO's request to move forward with the design phase on SR A1A. Mr. Webb stated the request to move into the design phase has been granted a programmatic approval by the Federal Highway Administration. Mr. Webb stated Mr. Kamm was pivotal in getting approval for skipping the PDBE Study on this project. Mr. Webb stated this will result in considerable savings in the project costs. Mayor Schultz stated he would like to be assured that public involvement is a part of the design phase on SR Al A. Mayor Schultz stated the issues like retention ponds need to be part of the public E involvement process. Mayor Schultz stated the MPO, local jurisdictions and the FDOT need to be sensitive to these types of issues during the design phase on this project. Mayor Buckley inquired about the reason for the CAC opposing votes on this resolution. Mr. Kamm stated the concern was about the amount of capacity being developed as part of this project. Mr. Kamm stated this is a constrained corridor and the consultant has developed a plan to move traffic without adding lanes. Mayor Wille stated this is a major north south corridor and he is supportive of the improvements to the SR 520 and SR A1A intersection. Mayor Wille stated he applauds the efforts made to prioritize these projects. Mayor Wille stated priority one is necessary and should be done as quickly as possible. Mayor Wille stated the other pririties included in the plan do not include much in the way of access management or traffic operations improvements. Mayor Wille stated any corridor defined as constrained should be considered for these types of improvements. Mayor Wille stated $60 million is a lot of money. Mayor Wille stated he prefer to see the priorities in terms of access management and intersection improvements in the other projects. Mayor Wille stated this is a very important corridor and does serve many commuters. Ms. Smith stated FDOT is reviewing traffic signalization to provide more coordinated signal timing along the corridor. Mr. Kamm stated the priority sequence being suggested include three speficifc intersection improvements. Mr. Kamm stated those intersections can be pulled out and made a priority separate from the other roadway improvements. Mayor Wille stated the cost of these projects will prohibit them moving forward quckly. Mr. Szunyog stated the focus of the Arterial Investment Study was to optimize what is available, what will work for the corridor and will be accepted by the community. Mr. Szunyog stated FDOT is not responsible for setting the priorities on the corridor. Mr. Szunyog stated the focus of this study was to determine the improvements and break them into smaller projects that could be funded more quickly. Mr. Szunyog stated once the MPO sets the priorities for these projects they will submit those priorities to FDOT for funding. Mayor Wille stated the MPO does prioritize projects but that does not insure FDOT funds those projects as quickly as the MPO may desire. Mr. Szunyog stated there are now 12 priorities on the MPO's list that are in some phase of funding. Mr. Szunyog stated FDOT tries to address those priorities as funding becomes available. Mr. Szunyog stated subprojects can be added to the main SR Al project that is already on the priority list. Mayor Schultz stated Mr. Simon will be leaving at 10:30 a.m. which will result in the loss of the MPO's quorum. Mayor Schultz stated any action desired by the MPO will have to be taken before Mr. Simon's departure. Motion by Commissioner O'Brien, second by Mr. Simon to direct that staff send a letter to city managers and city councils directly affected by the project and get their input on the prirorities. Mr. Kamm stated staff can send a leter requesting input from the affected cities. lite] The motion carried unanimously. Motion by Commissioner O'Brien second by Ms. Isenberg -Hand to approve the SR A1A Arterial Investment Study recommendations including the alternate priority 3. Mayor Wille requested Commissioner O'Brien consider moving up the SR A1A intersection at Astronaut Blvd. to priority 2. Commissioner O'Brien stated priority 2, the intersection of SR A1A and N. St. Lucie Lane, is an area of very high volumes and also needs improvement. Commissioner O'Brien stated it should be left as priority #2. Mayor Schultz stated the MPO should wait until the affected cities make a decision on the individual project priority before making any decision. Mayor Wille stated this is a state road and the MPO should do better to engage the users of these roads. Mayor Wille stated improving the flow of traffic should be a higher priority than landscaping and drainage projects. Mayor Schultz requested Mr. Kamm provide the MPO with any input from the cities about the pririties on these projects Mr. Simon stated he is opposed to any resolution supporting these projects. Mr. Simon stated there are many projects on the MPO priority list that increase capacity. Mr. Simon stated he does support improvements to intersections that are of regional significance. Mr. Simon stated these projects should not be placed ahead of projects that do increase capacity. Commissioner O'brien stated the project does smooth and increase the traffic flow. Commissioner O'Brien stated the objective of study was not to increase capacity. The question was called. Mayor Schultz requested a vote on the motion on the floor. Mayor Schultz inquired if Mr. Simon would vote. Mr. Simon declined to vote on the motion and left the meeting. , Mr. Woodard stated he concurs with the direction given to staff. Mr. Woodard stated he would like to review the response from the affected cities before voting on the resolution. Mayor Schultz stated once the affected cities provide their input on the priority of the corridor projects, this item could be included in the old business area of the agenda. Commissioner O'Brien stated once this item is scheduled on the agenda, the city managers or their representatives should be given that information so they have an opportunity to be present to discuss any issues their city has with the proposed projects. Mayor Schultz stated if the cities respond to staffs letter it may be possible to schedule this item in December. Commissioner Sharkey inquired if the vote will impact the overall priority list of the MPO. 11 Mr. Kamm stated this vote endorses the recommendations of the Arterial Investment Study on SR A1A and provides options to address the projects. Mr. Kamm stated there is no intent to amend the overall MPO priorities adopted last July. Mayor Schultz stated the Canaveral Port Auythority should also be notified about the upcoming agenda item. Commissioner Sharkey stated he knows of no major impact to Port Canaveral resulting from these projects but they certainly could be invited to provide any feedback. Mr. Kamm stated the MPO may want to consider having a workshop to discuss the SR A1A recommendations for the elected officials whose jurisdictions will be affected by the recommendations. Mayor Wille inquired about the effect of moving into design from the Arterial Investment Study. Mayor Schultz requested staff provide clarification on the effects of moving from the Arterial Investment Study to design. Mayor Wille stated the recommendations should include an emphasis on traffic operations and access management improvements. Mayor Schultz requested staff address those issues in the resolution adopting the recommendations of the SR A1A Arterial Investment Study. 6A. MPO EXECUTIVE COMMITTEE APPOINTMENTS The MPO made no appointments to the MPO Executive Committee due to the lack of a quorum. 6B. DISCUSSION RE: GREENWAYS AND TRAILS ADVISORY COMMITTEE Mr. Kamm stated the MPO recommended a Greenways and Trails Advisory Committee be created to focus on the implementation of the Greenways and Trails Plan. Mr. Kamm stated the Greenways and Trails Advisory Committee is proposed to be modeled on the existing Bicycle/Pedestrian Advisory Committee. Mr. Kamm stated the BPAC will discuss taking on the role of addressing the implementation of the greenways and trails plan at their November 13" meeting. Mr. Kamm stated staff will provide the outcome of the BPAC's discussion at the December MPO meeting. 7A. STAFF REPORT There was no discussion on this item. 76. BREVARD COUNTY REPORT There was no discussion on this item. 12 7C. FLORIDA DEPT. OF TRANSPORTATION REPORT Mr. Szunyog reported that FDOT will hold a publiic meeting on the Palm Bay Road design on November 210`x'. Mr. Szunyog stated this is the first time FDOT has held a public meeting on the design of a road project. Mr. Schultz stated he received information that FDOT will hold a public meeting on the PD&E Study underway on 1-95. Mr. Szunyog stated those meetings will be held on December 4t' at Space Coast Middle School and December 6°i at Central Middle School. Commissioner Sharkey stated Patrick Air Force Base should also be included if a workshop is held on the SR A1A study recommendations. Mr. Kamm stated he will invite officials from Patrick Air Force Base to participate in the workshop. Mayor Wille stated he would like to commend the City of Palm Bay for their efforts in coordinating with surrounding jurisdictions on providing parallel travel routes in the South Brevard area. Mr. Schultz request Mr. Jerry Sansom of the Canaveral Port Authority to provide the MPO with any updates on the Amtrak proposal. Mr. Jerry Sansom stated he has received information that the legislature believes a legislative appropriation would be more appropriate to use in funding the track upgrades than the Transportation Outreach Program funding. Mr. Sansom stated he is working with Amtrak to get this request included in the funding request package that will be submitted to the legislature when the upcoming session convenes. Mr. Sansom stated the Amtrak proposal also includes service modifications to increase service to Tampa and Orlando along with enhancing service to other areas of Florida. Mr. Sansom stated a presentation was given to the High Speed Rail Commission on Wednesday and the commission believes this project will enhance the overall transportation alternatives in Florida. 8A. COMMUNICATIONS There was no discussion on this item. 8B. PUBLIC COMMENT There being no further discussion or requests for public comment, the meeting adjourned at 10:55 a.m. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 4, 2001 7:00 PM AGENDA CALL TO ORDER: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Morris Reid, Building Official Ed Gardulski, Public Works Director John Pekar, City Engineers, Stottler Stagg and Associates CONSENT AGENDA: City Council Regular Meeting Minutes of November 20, 2001. 2. Approval of Employee Christmas Bonuses. Mayor Randels asked if any Council member, staff or interested party would like to remove an item from the Consent Agenda for discussion. No items were removed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Items No. 1 and 2 on the Consent Agenda. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 2 CONSIDERATION: 3. Design and Permitting Proposal of the West Side SR AIA Canal Pedestrian Bridge from Stottler, Stagg and Associates. Mr. Boucher provided background on the proposed bridge. He reported that the City was reimbursed $38,000 from the Florida Department of Transportation for the east - side bridge project and this amount including County impact fee money was proposed for the west -side bridge. Mr. Boucher asked Mr.John Pekar of Stottler, Stagg for an engineer's estimate to prepare a bid packet and design for this project as well as construction costs. Mr. Pekar addressed Council for questions. Mr. Pekar affirmed to Mr. Morgan that the toal cost of the bridge would be approximately $60,000. He outlined the considerations on the west side that did not occur in the east side project, such as a large reuse pipe, drainage, the size of the high elevations on the down stream side and a difference in the soil. Mr. Pekar commented that the west side should receive pedestrian traffic from the apartments and restaurants. He named Trex as the considered material for the bridge due to its durability. Mr. Treverton asked about the concrete pilings and if 20 to 30 years is the anticipated life span using pilings to which Mr. Pekar affirmed. Mr. Pekar replied minor maintenance might be necessary however the bridge construction is stable using the pilings. He also responded to Mr. Treverton that the bridge height would obstruct the purple reuse pipe. Mr. Pekar affirmed that the design is similar to the existing bridge. Mayor Pro Tem Petsos then asked why design was not computed along with structural calculations. Mr. Pekar explained that although the bridges would look the same there were differences because of the use of the pilings and variations in the elevations. Mr. Pekar stated that the Florida Department of Transportation's (FL DOT) requirements were more stringent on this project due to the dissimilarities in the soil and the use of the pilings. Mayor Pro Tem Petsos asked for clarification on the design. Mr. Pekar explained that different dimensions are required in width and height on the west side bridge. Mr. Pekar also noted the attractive nuisance in the railing proximity to the reuse pipe. Mayor Randels expressed concern with misplaced sidewalk installation. Mr. Pekar stated that the drainage was the problem however the sidewalks were correctly placed. Mayor Randels questioned if soil auger borings were included in the bid price? Mr. Pekar responded that this could be negotiated with the Council. Mayor Pro Tem Petsos questioned about the design for railings and ramps on the bridge at a cost of $8,000 and the design cost of $5,000. Mr. Pekar responded that the actual design is done in two parts. Mayor Randels questioned if Mr. Pekar could approximate the permit fees. Mr. Pekar stated that perhaps the FL DOT and St. Johns River Water Management could waive the fees. Mr. Boucher responded that a general permit fee might have been paid on the east side bridge. Mayor Pro Tem Petsos asked for clarification purposes if Custom Docks constructed the east side bridge. Mr. Pekar responded that the builder would still need an engineer to certify the structure and design. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 3 Mr. Morgan asked if a pre -cast structure was considered from a large firm. Mr. Pekar explained that this was not feasible due to the weak soil that necessitated the custom build design. Mr. Nicholas inquired about the incompatibility in cost between the proposed wooden bridges at comparative steel bridge prices. Mr. Pekar explained that the proposed steel bridge price for the east -side bridge was to transport the bridge only and not for the design. Mr. Treverton stated that $38,000 was recouped on the east side bridge however this bridge cost considerably more and the engineers might need to reconsider the design cost. Mayor Pro Tem Petsos expressed that he would like to see more on the structural evaluation and design and not specifics on the railings. Mayor Pro Tem Petsos asked about the cost of the review. Mr. Pekar responded that computations are performed during the course of a structural review. Mr. Burt Bruns asked why the bridge construction could not be delayed in light of a freeze on other capital purchases. Mayor Randels replied that money was received from FL DOT for this project. Mr. Boucher also responded that money from the County transportation impact fees is also available. Mr. Weber requested that Mr. Pekar attempt to reanalyze the costs. Mr. Pekar replied to the Council that in a design build/project the City would pick a contractor and then proceed to build, however this would constitute a sole source purchase in the bid process. Mayor Randels summarized that the consensus of the Council is to delay this project until further analysis is done on costs to include soil testing, permit fees from FL DOT and St. Johns and the possibility of a design/ build project. Mr. Treverton restated that County impact fees would be acquired toward funding. ORDINANCE: Second Public Hearing 4. Motion to Adopt: Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, at second reading. Mayor Randels read Ordinance No. 06-2001 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION OF THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Treverton to adopt Ordinance No. 06-2001 at second reading. Mr. Morgan related that this ordinance's adoption is being delayed until March 2002. Mr. Reid agreed and stated that the language in the ordinance would need amending. Attorney McQuagge stated that the ordinance could City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 4 be amended in Section 5 to read that the ordinance would take effect "upon its adoption by the Florida legislature." Mr. Reid reported on the wind gust speeds for other Brevard County cities. He related that he preferred to make a decision in the best interest of the City and apply a wind speed standard of 130 mph. Mr. Reid explained that in Brevard County a line was determined to ascertain a wind speed for the coastal cities. Mr. Morgan explained to the Council that he had inquired of Cocoa Beach who uses the 120 mph requirement, however a case could be made for either wind speed standard. Mr. Morgan expressed that within a unified code there was no rationale for a difference in the wind speed between neighboring cities. Mayor Randels stated that the 130 mph standard was Council's preference. Mr. Boucher asked for the difference in applying the wind speed standards? Mr. Reid replied that the 130 mph standard would increase construction costs. Mr. Weber stated that it is the Council's duty to protect the residents of Cape Canaveral and he expressed confidence in Mr. Reid's determination. Mr. Weber amended the language in his motion to strike the date January 1, 2002 in Section 5 in that this ordinance would take effect "upon its adoption by the Florida legislature." The vote carried on the amended motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. Mr. Treverton referred to Section 82-14 that related to unfinished buildings that detract from the appearance of the immediate neighborhood and he anticipates further discussion of this at a later date. Mr. Treverton and Mayor Randels noted corrections to Section 82-221 and 82-233 to which the City Clerk will make prior to executing the document. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. RESOLUTION: 5. Motion to Adopt: Resolution No. 01-43; Officially Naming Caribe Drive and Tropic Beach Drive. A motion was made by Mr. Weber and seconded by Mr. Morgan to adopt Resolution No. 01-44; Officially Naming Caribe Drive and Tropic Beach Drive. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. DISCUSSION: 6. Enclosed Bus Shelters Mayor Randels responded to previous questions on the enclosed bus shelters in that Space Coast Area Transit Service (SCATS) would provide maintenance, SCATS would assume responsibility for vandalism, a federal grant would be applied to construction, liability insurance is the same as any other right-of-way, SCATS is responsible for City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 5 structural damage, plans for construction are sealed by a state certified engineer and the open architecture should preclude transient loitering. Mayor Randels affirmed that one shelter would precede any further installations. Mayor Pro Tem Petsos responded that he would not be against trying one shelter. Mr. Weber reiterated his disfavor with the bus shelter's aesthetic and Mr. Morgan agreed. Due to a majority of the Council in disfavor of the bus shelters, Mayor Randels concluded any further discussion. Mayor Randels said that he would relate to SCATS that this is not what Cape Canaveral envisions in its long term planning. 7. Brevard County Rave Club Ordinance; Opt -In Provision. Mr. Boucher replied that the County included fire and building code language in the ordinance and he found the ordinance quite comprehensive. Mr. Weber expressed concern with the County regulating the code for the City. Attorney McQuagge clarified that the City would regulate the permitting process. Mayor Randels questioned how the Council would proceed to opt -in on the ordinance. Mr. Boucher explained that the County's ordinance adoption in January would include Cape Canaveral if the Council chose to opt -in. Mayor Randels summarized that the consensus of the Council is in favor of opting into the County's ordinance. Mr. Boucher will forward the Council's decision and include the remarks that the City desires local review of application and permitting and local review of any appeals. 8. Sewer Rates. Mr. Morgan addressed the sewer rate study from Burton and Associates and the three percent per year rate increase. Mr. Morgan then asked when the storm water project would begin? Mayor Randels responded that the City is at the point of hiring someone for implementation. Mr. Boucher clarified that the sewer rates and the storm water utility rate plan are separate issues. Mr. Morgan referred to the resolution that called for a sewer rate increase of three percent over a five-year period. Mr. Treverton responded that a consultant was hired to compute City's income versus cost over years of sewer usage. Mr. Treverton related that the Council debated whether a two or three percent increase were necessary however the Council did not desire to operate the treatment plant deficient of funds. Mr. Boucher replied to Mr. Morgan that the City is meeting its debt service. He explained that initially the reclaimed water operations were in a build out phase therefore funds were expended. Mr. Morgan asked if there were any noticeable windfall of money since the reclaimed water system's inception. Mr. Boucher replied that he would need to calculate the amount of the three percent. Mr. Morgan stated that if there is sufficient r0venue than there is no need to proceed with a three percent increase. Mayor Pro Tem Petsos related that the three percent increase was considered for upgrades to the facility. Mr. Morgan restated that an ongoing three percent increase would not l6 necessary if money is available. Mr. Boucher replied that growth that incurs additional fbVonue would be the factor in reducing an increase. Mayor Pro Tem Petsos replies that haviho available funds would enable the City to City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 6 move forward with capital equipment purchases. Mr. Treverton noted that a possible surplus was considered during the sewer rate workshop. Mr. Morgan also addressed the cost of $1.05 for bulk mailing on water bills. Mr. Boucher explained that this process allows residents to submit one payment to the City of Cocoa as a matter of convenience. Mr. Morgan also asked how many hours were required to generate bills and if the cost could be reduced from the current $1.05. Mr. Nicholas related that the cost of billing has changed to water consumption that makes billing calculations difficult. Mayor Randels related that the City's previously high water bill delinquency rate decreased dramatically once the City of Cocoa took over the billing process. Staff will review the current cost for billing through the City of Cocoa. A motion was made by Mayor Randels and seconded by Mr. Weber to remove the Cooperative Purchase of Emergency Generator from the table for discussion at the next regular City Council meeting. Mr. Boucher related that Mr. Gardulski would submit the plans to retire the existing generator, the plans to use the generator at the Annex and the role of the new generator. Mr. Weber requested to include rental unit prices in the information submitted. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. REPORTS: City Manager • Mr. Boucher requested that Council proceed with ranking the storm water utility consultants. Mr. Boucher recommended that Council members look for qualifications. Mr. Morgan suggested a ranking form. Council directed Mr. Boucher to develop a ranking form and Council agreed to short-list the firms at the City Council Regular Meeting on December 18th • Mr. Boucher related that the City Attorney provides two free seminars per year. Attorney McQuagge recommended one-hour prior to a Council meeting. Ms. McNeely commented that Board members would also like to attend. Council agreed on December 18th at 6 P.M. for the Council workshop and staff will notify the Boards of a subsequent workshop in January. • Mr. Boucher requested a date to review the City Code. Council agreed on a Special Workshop for Code Review on January 15th at 5 P.M. • Mr. Boucher reported on the Library lease agreement. He related that a meeting was not entertained by the County to change the meeting room use. He also related that the County Manager suggested meeting with the County Commissioners. Council agreed not to proceed with use of meeting room at this time of deferred capital expenditures. • Mr. Boucher reported that he received proposals from Stottler, Stagg on City Hall and to expand the Public Works storage facility. He asked the Council to consider concepts for advanced planning. • Mr. Boucher related that Cocoa Beach has a proposed resolution to intervene on St. John's Water Management dredge and fill permit with the Cape Canaveral Hospital. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 7 Council members agreed to continue to support the hospital through its previous resolution. • Mr. Boucher thanked the City Clerk for assistance during his absence at the last Council meeting. Mr. Weber • Mr. Weber thanked staff for the electrical outlets around the dais. Mr. Weber left the meeting at this time. (9:00 P.M.) Audience to be Heard: • No comment. 2. Staff Mr. Reid • No Report Mr. Gardulski • Mr. Gardulski reported that he has been soliciting easements from the businesses on the Al corridor for the landscaping project. Mr. Gardulski named some the interested parties as: The Crab House, Doug Wilson, Hidden Harbour, Yogi's and Azteca restaurant. City Clerk • No report City Attorney • Attorney McQuagge reminded that the City Attorney's contract is scheduled for renewal and would be placed on the December 18th City Council meeting agenda. Attorney McQuagge would become the named City Attorney upon contract renewal. 3. City Council Mr. Morgan • Mr. Morgan reported on his meeting with Mr. Jerry Sales of Beach Pawn. Mr. Morgan plans to meet with both Mr. Sales and his wife to discuss landscaping in front of the Beach Pawn property. • Mr. Morgan reported that he is meeting with investors regarding a proposed supermarket on Tuesday, December 11th and he will make a subsequent report. • Mr. Morgan related that he received a telephone call from a resident on a truck with a beautification logo. He inquired if this were part of the Bennix donation. Mayor Randels responded that the truck in question belongs to Council Member Weber that displays his "Keep Brevard Beautiful" logo. Mr. Treverton • Mr. Treverton expressed thanks to the Brevard County Sheriffs Department for their traffic control assistance on State Road 528 in light of the scrubbed shuttle launch. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 2001 Page 8 Mayor Pro Tem Petsos • Mayor Pro Tem Petsos questioned about progress on the sand filter issue. Mr. Gardulski reported that monitoring has continued with changes in the process. Mr. Boucher stated that no conclusive evidence has been found to establish that the firm who installed the equipment is liable. • Mayor Pro Tem Petsos asked if the Beautification Board could present Holiday Awards at the December 18th City Council meeting. • Mayor Pro Tem Petsos informed about the Governor's Municipal Mentoring Initiative workshop on December 11th. The City Clerk plans to attend. • Mayor Pro Tem announced the storm water marker project on Saturday, December 15th • Mayor Pro Tem Petsos questioned the number of unresolved citizen complaints and he also asked if names would be included on the complaint. Mayor Randels • Mayor Randels inquired about the Editor's Day Out with Susan Smiley and asked if that event could be coordinated with the park dedication. Mr. Boucher clarified that the Manatee Sanctuary Boardwalk was the chosen location. • Mayor Randels suggested changing the name of the sewer fund to the water treatment or water reclamation fund. • Mayor Randels reported on the success of the watercolor art show held at the Cape Canaveral Public Library. • Mayor Randels reported on a leak on the west wall of the library. Mr. Boucher replied that sealant had been applied. • Mayor Randels asked about any interest in banners on the power poles through a federal grant. • Mayor Randels reported that the Friends of the Library earned $2,792.80 on the Book Sale. • Mayor Randels also inquired about resolved issues in the Better Place system. Mr. Boucher responded that life safety issues take precedence in Code Enforcement due to a staffing shortage in the Building Department. • Mayor Randels related that Cape Canaveral citizens have the second lowest ad valorem tax rate as reported by the County Property Appraiser's office. A motion was made by Mr. Morgan and seconded by Mayor Randels to adjourn the meeting at 9:30 P.M. Motion carried unanimously. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 12-18-01 AGENDA REPORT AGENDA Heading Consent Item 2 No. See the attached memo from the public works director. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF AN EMERGENCY GENERATOR IN THE AMOUNT OF $24,765 TO FLORIDA DETROIT DIESEL DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the cooperative purchase of an emergency generator in the amount of $24,765 to Florida Detroit Diesel, as recommended by the public works director. Summary Explanation & Background: The public works director is utilizing the Monroe County bid, and this is a budgeted item needed for the sewage lift stations. See the attached memo from the public works director. I recommend approval. Exhibits Attached: Public works director's memo dated 12-10-01 Ci�Mafs Office - , Department PUBLIC WORKS/WWTP MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: December 10, 2001 SUBJECT: City Council Agenda Item for December 18, 2001 Cooperative Purchase of Lift Station Emergency Generator The Public Works Department has budgeted for the replacement of the emergency generator that is utilized to operate the City of Cape Canaveral lift stations during a power failure. Funding for this capital item was approved for this budget year from the Enterprise Fund. This purchase is a replacement unit for an 11 -year-old generator that is in disrepair. In addition to the age of the equipment and the need for repairs is estimated at $9,000. More so, the system only will supply a voltage of 240 and will not support the City's new lift station utilizing 480 volts. Staff recommends that due to the age and condition of this unit, that it should be sold as surplus property at the next scheduled city auction. Staff investigated the option of renting an emergency generator. The rental fee would be $650 per 40 hours (about a day and half of a 24-hour day). A $300 delivery fee and electrical wire rental of $62.50 per week. The total cost for per day will be $1,250. There will be a minimum four-hour delivery time. The City will need to contact an electrician to install the generator. The City may guarantee the generator will be available for a monthly charged of $251 or $3,012 a year. In addition, all of the 12 -lift station will need rewiring to accompany a rented unit. The one time cost for the required electrical work is estimated at $1,000 per lift station or $12,000. The emergency generator located at the City Hall Annex will be utilized for the Sheriff's office and can be utilized as a backup system for the lift stations. The cost to add the addition electrical plugs to the system will be about $5,000. Also, staff is reviewing the idea to add this emergency generator to the City Hall. In the event of a major emergency the City of Cape Canaveral will require more then one emergency generator system. The purchase of a new generator will be able to support all of the City's lift station, both the 240 and 480 voltage systems. The trailer is to FDOT standards; hence the units can be mobilized. The City of Cape Canaveral is able to piggyback a Monroe County for an emergency generator from Detroit Diesel. This system offered is similar to the emergency generator purchased for the City Hall Annex building last year. Recommend the cooperative purchase of the Detroit Diesel emergency generator in the amount of $24,765.00. Attachment File ii i{%oi ie:14 040TSS1e33e FDD4 3ALES �ow�o�w oGraoIr oie:GL-w«.IsoN 0 TO: CITY OF CAPE CANAVERAL ATTIW. WALTER FAX: 321-7 *4M FROM: Ron Zdw�oiowim OI " 1I07J SW1700 OWmmtar;; PAX N (407) 25142M COM (40V til8-7= EWmN GATE: 11-14M Total P&OW 1 On0jang Dove► sl -.9w) RE. WKW GENERATOR WT FROM MONROE COMITY 1 MO.- WE WELL HONOR TO TRF. C[Z'Y OF rApT, CANAVERAL THE PRICES QUOT11D D TUX MONROX COUNTY BID AND KRCXAJU ORDER DATED 3-214L THM WERE Nt 'MOUS SIM PURCHASED AND WE % LL HONOR THE PT4C`ES FOR ANY OF THE SIZXS. WE APPRECIALTE YOUR INQUIRY MR LOOK FORWARD TO SERVING THE CCTV OF CAPE CANAVERAL., MUT ALL- Zo&Tm=&,o&T pi&wL. JAcbmw u; vuw; OGTAMPA T0'd 096♦ 66L t0► R aol Md lUW3A0Nb3 3db0 Y!i 9Q:$0 TO-CT-AON wor It Mal t FY 2001-2002 2001-02 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND - WWTP 0 g�- COD DESCRIPTION 4700 PRINTING 0 5280 RECLAIMED WATER SUPPLIES r r� �J- L J G PRINTING OF BUSINESS FORMS. CHEMICALS NEEDED TO OPERATE PLANT. FUEL FOR VEHICLES AND EQUIPMENT. MATERIALS AND SUPPLIES NEEDED TO OPERATE LABORATORY. NECESSARY HARDWARE & SUPPLIES FOR ESTABLISHING AND MAINTAINING REUSE SERVICE CONNECTIONS. )410 OPERATING FEES & LICENSES FDEP PLANT, LAB AND OPERATOR PERMITS AND LICENSES 6400 CAPITAL EQUIPMENT: CONDUCTIVITY METER FOR LAB 1,000 PRESSURE WASHER y 2,400 EMER ENCY GENERATOR (LIFT STATIONS) 25,000 HURRICANE WINDOW PROTECTION FILM 6,000 VALVE ACTUATORS 5,200 AUTO DO METER 2,300 VALVE TURNING SYSTEM 4,800 LIGHTNING PROTECTION 5,300 RADIO SYSTEM (1/2 OF COST) 3500 93 $ 55,500 3ernt_ By:FDDA; ?05637' 683, OCT 11 -G1 10: acA►n; Page 2� V v r MONR.OE COUNTY PURCHASE AGREEMENT ELEVEN TOWABLE GENERATORS AND LOAD BANK MONROE COUNTY, FLORIDA BOARD OF COUNTY COW ISSiONERS "OT George NeugeRL District 2 ll&yor Pro Tem Nota VtrtUi&M Disutict 4 Dude Spd w. District i 5odny McCoy, District 3 Mum Wlson- Disaia S COUNTY ADMINIS PATOR DIRECTOR OF PUBLIC WORKS lames L. Roberts C. Dcnr Pierce CLERK OF THE CIRCUIT COURT DIRECTOR OF ROADS & BRIDGES DEPARTt4ENt Danny L. Kolhage Joe 1rkdaIIkon November. 2000 Prepared by Mowuc County Public Works Roads & Bridgcs Department Ent By: FDOA; 3056371563; Oct -11-01 10.40AM; Page 3 PURCHASE: AGREEMENT ELEVEN TOWABLE GENERA'T'ORS AND LOAD BAIT Monroe County, Florida This AGR>YENv-NIT is made by and between Monroe County Board of County Commissioners (BOCC), 5100 College Road. Stock Island" Key West_ Florida 33040 (hcreinafkcr rcfaTed to as "buyer") and. Florida Detroit Diesel Allison hereinafter referred to as "vendor') for the purchase of ELEVEN TOWABLE GENERATORS AND LOAD SANK. The BUYER and the VENDOR agree as set forth as follows, GENERAL The vendor shalt deliver eleven (l 1) towable generators and a towable load bank that meet the specifications listed below to.- Monroe o:Monroe County Public Works 3583 S_ Roosevelt Blvd. Key West, fforida :3040 WARRANTY All equipment delivered under this agreement shall have a minimum of a one-year warranty to include all parrs, labor and travel. SCHEDULE All equipment purchased under this agreement shaft be delivered to the buyer no later an "The delivery of all equipment shall be made within a two_we&p Perioda- ctS',1 /,9- -2-Oa 1. PRICH The total price tur the eleven (11) generators and one (1) load bank as specified in this agreement, without Options is $ _ 214, 700. oo PAYMENT The buyer shall make payment in full within 30 days of delivery and acceptance of the I" piece of equipment. .-.ccepta.nce inspections to verify delivery condition and specification compliance will be made by a representative of the N4onioe County Fleet Management Services department- MANUAL.S Three (3' sets of Operations and Maintenance Manuals shall be delivered with each of the twelve ( 12) pirxes of equipment. Sent 8y: FDDA; 't!j v%,, 3056371583; dCt-11-01 10:42AM; Page 8 E. GENERATOR SET#7 & 8- Price each $21,265.00 I . Two (2) j8 to 65 KW prime rating at three r3) phase. 60 hertz- ;our (4) pole. 11800 RPM., liquid cooled. diesel engine. generator sets. 2. SAFETY SHLTTDOwNS Low oil pressure High water temperature Low coolant level Overcrank Overspeed 2. GAUGES Voltmeter (AC) Hertz (Frequency) meter Ammeter (battery charging) or voltmeter Water temperature Oil pressure Hour meter - Fuel level (any location) 3. Main circuit breaker (Appropriate size) 4. Trickle battery charger, minimum three (3) amp, auto shut-off 5. 125 gallon minimum fuel tank on trailer 6_ Systern mounted on FDOT approved over -the -road towable trailer with two (2) inch ball torigm leveling system, lockable aluminum storage hoax (12 cubic rm minimum), and NAPA trailer plug, part number TC6207 or exact equivalent (This is the county standard plug to fit all of our tow vehicles) 7. Weatherproof enclosure 8- Battery rack and battery cables 9. Oil drain valve with extension 10, Fuel hoses 11, Delivered wet with oil. antifreeze and tube 12. 12 lead.. re -connectable generator outputs 13. Two (2) posuion voltage selector switch (120/208, 3 phase & 277/4$0 3 phase) OPTIONS 1, CritiCat muffler with all necessary parts including flexible exhaust pipe, tall pipe and rain cap. Price Standard on the Urit 7 Solid fill trailer tires to e'iminate flats: Price $30.00 per Tire 3 Sound attenuated enclosure: PriCC$3 ,150. u0 V 4. Aluminum enclosure; Price Aluminum is Standard wirh HuUSXng 5 Aluminum sound attenuated enclosure: Price$3,154.00 V 6. Extended warranty_ : Length of time beyond one year: No Yoars_ PriCe $350.00 7 Encapsulated voltage regulator- Price_$179.QQ 0,e7— S. _4 uto start panel.Price Standard with Unit � 9. Encapsulated DC controls: Price A 3 5� 2_'�4 A Meeting Type: Regular Meeting Date: 12-18-01 AGENDA Heading Consent Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of the statewide mutual aid agreement with the State of Florida, Department of Community Affairs. Summary Explanation & Background: This agreement replaces the 1994 agreement and formalizes the procedures for the City to request or provide assistance in times of disaster. I recommend approval. Exhibits Attached: Agreement City Maniot's Office ,. Department LEGISLATIVE d - y ocume ouncilltneettng12001112-18-011mutualaid.doc BREVARD (fe0ttfity BOARD OF COUNTY COMMISSIONERS OFFICE of EMERGENCY MANAGEMENT FLORIDA'S SPACE COAST(321) 637-6670 1746 CEDAR STREET Rockledge, FL 32955 FAX (321) 633-1738 November 16, 2001 Mr. Bennett Boucher, City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, Florida 32920 Dear Mr. Boucher: Mutual aid agreements are encouraged to maximize and coordinate the use of available resources within the State and to ensure faster reimbursements in times of disaster. The Statewide Mutual Aid Agreement was revised due to lessons learned from problems that arose since its inception in 1994. The previous Statewide Mutual Aid Agreement dated April 27, 1994 expired June 30, 2001. Since we do not have a new Agreement for the City of Cape Canaveral, we have enclosed another copy for you. We ask that you give this Agreement your immediate attention for execution within your municipality. It can be returned to this office or sent immediately to Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, attention: Wendy Stewart. Thank you for your cooperation regarding this matter. Should you have questions, please feel free to contact Nancy Smith of this office at (321) 637-6670. Sincerely, Robert S. Lay Director July 31, 2000 t1v*9i STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. - B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. *0 %+ July 31, 2000 tiv*9i F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 t if!4% G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). 1. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, July 31, 2000 *W� Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement' is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government' is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the A reement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County S July 31, 2000 t 1V4wi of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Parry shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propnate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 July 31, 2000 t 19 *ri accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of RequestinParties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; I *# %* July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Parry and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 July 31, 2000 t1v4�i C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall July 31, 2000 t1v4�i C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall July 31, 2000 t 19 4vi be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 1 July 31, 2000 t V 4ri B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Parry, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- July 31, 2000 t 19 4*i other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause.