HomeMy WebLinkAboutAgenda Packet 08-01-2000City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 1, 2000
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION: Tibby Parker, Project Director for 20/20 Workforce
INTERVIEWS: Randall Camomilli, applicant to the Community
Appearance Board
CONSIDERATIONS:
1. Motion to Approve: Regular City Council Meeting Minutes of June 6, 2000 and
June 20, 2000.
2. Motion to Approve: Cost Share Agreement with the St. Johns Water
Management District.
3. Motion to Approve: Change Order to Carl Hankins, Inc. to construct Phase IV,
Part I of the Reclaimed Water System in the amount of
$302,247,
ORDINANCES: FIRST PUBLIC HEARING
4. Motion to Approve: Ordinance No. 09-2000; Amending Chapter 78, Utilities,
Section 78-152, Monthly Sewer Rates, for Second Reading.
RESOLUTIONS:
5. Motion to Approve: Resolution No. 2000-25; Adopting a Tentative Proposed
Millage Rate for the 2000-2001 Fiscal Year
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 . FAX (321) 799-3170 . fcn.state.fl.us/cape/
e-mail: cape@iu.net
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
August 1, 2000
Page 2
REPORTS:
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their
comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard"
section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the
future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Rorida 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.
d'u'o
--- CITY OF CAPE CANAVERAL, FLORIDA
City Board Application
Please complete both sides
Applicant Name: l [ C. Home Telephone: 7 JV
Home Address: ASF E -Mail Address: 44AI.LCamo E csg_vA4
Business: Business Telephone: '/(2 35L —,S%;Y 2
L_ LA10D FC_
Office Address: ���Z ��}�.D �� ��03 Zit / T
Brief Description of Education and Experience: `9gs 6A_)Ti c T LA -W 6,4 �
Are you a registered voter? Yes X No
Have you been a resident of the City for 12 months or longer? Yes No
Do you currently hold a public office? Yes No
Are you presently employed with the City? Yes No
At the present time, do you serve on a City Board? Yes No
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-
in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, st6pson,
stepdaughter, stepbrother, stepsister, half brother or half sister?
Yes No X
At the present time, do any of the following relatives of yours serve on any other City board, commission or
special district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes
No X
Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
Board of Adjustment*
Business and Cultural Development Board
Code Enforcement Board*
Construction Board of Adjustment & Appeals*
Library Board
_ Planning and Zoning Board*
Recreation Board
Community Appearance Board*
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to that Board and prior to July 15th of each
year following the initial appointment while still a member.
City of Cape Canaveral, Florida
City Board Application
Page 2
)Tease list what you feel are your qualifications to serve as a member on one of the City's Boards:
N AE65 7ZO SWC UA -77- , ��lrv,4 410 Led
11W
o L/ iC� L�
-� At
2y�S�� i
���
64A1140 &224 c
Wbuld you consider serving on another City Board other than the one(s) you have selected on the front of this form?II
Yes i, No
Applicant's signature: �'
Date: � U�
PLEEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval followingbrief
interview before the City Council at a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 6, 2000
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Larry Weber
Richard Treverton
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Smith
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
PRESENTATIONS:
Martha Carroll, Beautification Board Chair, presented the Spring/Summer Beautification
Awards to the following:
Residential Multi -Family Commercial
Jim McCaslin & Megan Moore Jim Sargeant Budget Rent-A-Car!
525 Adams Avenue Treasure Beach Apts. Astronaut Blvd.
Leonard Folcarelli, Business and Cultural Development Board Chair and Mayor Randels
presented $50 awards to the following Student Art Show Winners:
Best -In Show - Cape View Elementary: Jocelyn M. Rice, nine years old
Best -In Show - Roosevelt Elementary: Jacqueline N. Williams was not present
RESOLUTIONS:
1. (Tape 1, 389) Mayor Randels read Resolution No. 2000-16 by title; Re -naming the
Ridgewood Avenue Extension through the Harbor Heights Subdivision.
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 2
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORI A;
TO OFFICIALLY RENAME A PORTION OF RIDGEWOOD AVENUE TO HARBOR DRI E,
LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD F
COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE T E
NAMED ROADWAY AS REDEFINED ON THE OFFICIAL MAPS OF RECO D;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Weber and seconded by Mr. Petsos to appro�e
Resolution No. 2000-16.
City Manager, Bennett Boucher, explained Chief David Sargean 's
recommendations for the name change as outlined in his memorandum distributed
at the meeting. Mr. Irve Goldberg, Ridgewood Avenue, requested that the name
change be deferred until the County has revised their 911 system.
Mr. Treverton related that the Fire Chief convinced him that the current addreo s
division creates confusion, especially in an emergency situation. Mr. Bru s
expressed support for changing the name currently, as reiterated by Mr. Petsos th t
although it requires the affected residence a substantial inconvenience, however, the
life safety issue is an overriding factor. Mayor Randels concurred.
Ed Gardulski, Public Works Director, related that both street signs could remain for% a
year to accommodate the transition.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; M
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
2. (Tape 1, 832) Mayor Randels read Resolution No. 2000-18 by title; Requesting the
FDOT to Plan for Replacement of the SR 528 Bridge on the Indian River with a Six -
Lane Configuration.
A RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PLAN FOR REPLACEMENT OF THE SR528 BRIDGE ON
INDIAN RIVER WITH A SIX LANE CONFIGURATION
A motion was made by Mr. Petsos and seconded by Mr. Bruns to app
Resolution No. 2000-18.
Mayor Randels explained that SR528 should be six -lane, which makes it logical 1
the bridge to be constructed with similar lanes. Council concurred. There was
public comment. The resolution is to be forwarded to the Canaveral Port Authority.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; M
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 3
3. (Tape 1, 932) Mayor Randels read Resolution No. 2000-19 by title; Amending the
Annual Budget.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORII
AMENDING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPEC
REVENUE FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YE
BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000; PROVIDING F
AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Weber to app
Resolution No. 2000-18.
City Treasurer, Andrea Bowers, distributed an updated spreadsheet. She explaind
that most items are issues that have been previously approved by Council. r.
Petsos queried if the door being installed on the east side of the annex is storm to d
sufficient. Public Works Director, Ed Gardulski, explained that it is in conformity.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mrj.
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
4. (Tape 1, 1110) Mayor Randels read Resolution No. 2000-20; Authorizingl
the AnnuaM
Renewal of the City Engineering Contract with Stottler, Stagg & Associates.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH
STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Weber to appro4e
Resolution No. 2000-18.
Mr. Petsos expressed support for the re -appointment and encouraged a great�r
effort for timely project completion and regular reporting. Mr. Treverton, Mr. Bruns
and Mr. Weber commended the firm. Mayor Randels expressed concern thot
timeliness of project completion is not routinely on schedule. Mr. Gardulski explainOd
that meeting schedule dates are highly dependent upon other agencies and entiti s
meeting timelines in order for the engineering firm to complete projects. Mr. Bouchor
requested that the engineering firm obtain more environmental staffing.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mrd
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 4
CONSIDERATIONS:
5. (Tape 1, 1324) A motion was made by Mr. Bruns and seconded by Mr. Weber to a
the City Council Regular Meeting Minutes of May 2, 2000.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the City
Council Regular Meeting Minutes of May 16, 2000.
The motion passed 5-0 with voting as follows:
6. (Tape 1, 1376) A motion was made by Mr. Bruns and seconded by Mr. Weber to
approve Bid No. 99-03; Reclaimed Water Project Phase III, Extension Part III, Ct
Order in the Amount of $135,173.
r.
Mr. Gardulski explained that the unit prices remain the same and the contractor is
doing a good job. Mr. Petsos expressed concern that there is a water shortage, yet
we continue installing. Mr. Gardulski related that conservation measures would
have to be instituted. Mr. Leo Nicholas related that there is only a small area that
has not received the reclaimed water. Mayor Randels explained that all areas
would be addressed. Mr. Gardulski explained when and how the installations would
be constructed.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr.
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
7. (Tape 1, 1659) A motion was made by Mr. Weber and seconded by Mr. Petsos to
approve Brevard Metropolitan Planning Organization Application; Request for State
and Federal Transportation Project Funding as illustrated by staff, including the
International Avenue/Atlantic Avenue/A1A intersection evaluation for reconfiguration.'
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr.
Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
8. (Tape 1, 1852) A motion was made by Mr. Bruns and seconded by Mr. Treverton to
approve Beach Storm Damage Reduction Easement to provide for placing sand on the
beaches.
Mr. Bennett expressed concern that the easements are assignable. It should be
nonexclusive, removing the word assignable. It reserves the right to the City to
construct structures over the dunes with approval of plans and specifications by the
County. Mr. Petsos stated that this easement is different than the easement presented
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 5
to City. Mr. Treverton queried the City Attorney as to the appropriate stance in regard
to potential dangers. Mr. Bennett explained that having nonexclusive essentially gives
deed. Obtaining approval by the County is primarily a staff issue. Council concurred to
change the easement language removing the word assignable and inserting
nonexclusive. Mr. Gardulski expressed concern that obtaining permits would entail
fees.
Mr. Bruns and Mr. Petsos to table.
The motion to table passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
8:05 pm
REPORTS:
14. City Manager — Bennett Boucher (Tape 1, 2292)
o Mr. Boucher reported that a representative from our Sister City, Kloten,
Switzerland on Saturday and will stay through Monday. Mr. Petsos
recommended and Council concurred to pay for their hotel stay at the Radisson.
o Mr. Boucher reported that the Thurm Boulevard (Tower Boulevard) construction
is progressing well.
o The Wednesday Friendsday event will be held again on July 5 at the Radisson.
o Thanked Council for sponsoring the employee picnic
o The Building Official has resigned on good terms, Morris Reid will be acting and!
a state-wide search will be conducted
o Schedule a workshop 6/27 at 5:00 pm to discuss the sewer rate and sewer
impact fee study and the City Hall study.
o The owner of a beached sailboat at the beach end of Taylor Avenue has started
removal efforts.
Audience
o Mr. Leo Nicholas queried if other cities are involved with the beach easement and if
so, is it the same as other cities'? Mr. Boucher related that Cocoa Beach is the
other city and he will contact them for comparison.
o Ms. Judy Hale reported that children are apparently breaking sprinkler system parks
off in Washington Park and there was a washout on a vacant lot at Ridgewood
Avenue
o Mr. Goldberg related that he has heard of numerous situations that there is not
enough water pressure to activate irrigation sprinklers.
Mr. Gardulski presented an illustration of demand rates for reclaimed water.
Further, he illustrated the daily production, rainfall and consumption for the months
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 6
of March, April and May 2000. He recommended that an education program be
increased on when and how to use the irrigation. Further, installing a valve systi
may be an alternative recourse. However, the best alternative is to construct a
storage tank to capture production.
Mr. Bruns queried why we are sending 200,000 -300,000 gallons of reclaimed
water to Cocoa Beach when our residents are not receiving an adequate amour
Mr. Gardulski responded that City residents should conserve more; a lot of water is
being wasted. Mr. Bruns retorted that the City of Cocoa Beach residents are not
conserving any differently than the City of Cape Canaveral residents, and the
agreement says we do not have to give them any if we do not have enough.
Mr. Gardulski stated that the City of Cape Canaveral calls on the City of Cocoa
Beach to help us out when we are in need by sharing resources. Although we al
unable to supply their entire need, we are obligated to some level of assistance.
Our citizens are our first concern, but we should share our resources of reclaim(
water and other products or equipment.
Mr. Bruns stated that he agrees in concept, however, the Port is our neighbor an
we have yet to send them any water for irrigation as we agreed. He requested th t
Council have an opportunity to hear staffs policy on reclaimed water distribution
methods to entities outside the City, as well as the City's water restriction policy. e
further emphasized that Canaveral sewer rates are based on our ability to genera e
water and process wastewater. The Canaveral citizens are solely responsible for
generating and funding the water supply, therefore, they should have the highest
consideration.
Mr. Bruns queried how the calculations of the sewer study could have
demonstrated the ability to fulfill a 600,000 -gallon contract? He related that our
contract agreement stipulates that the City of Cocoa Beach receives reclaimed
water dependent upon the City of Cape Canaveral's capacity to deliver the water. i It
is not acceptable that City residents are paying for the water through their sewer
fees. Therefore, City residents should receive the water first. Mr. Petsos concurred
with Mr. Bruns, however, there is some obligation to the City of Cocoa Beach duel
to previous Council commitment. Mr. Petsos queried if the restrictions should be
increased during the current drought?
Mr. Gardulski recommended that Cape Canaveral residents receive reclaimed
water distribution three days per week versus daily hourly restrictions because the
tanks cannot otherwise recover. Drought severity should determine the extent of
further irrigation schedule restrictions. He related that he would like to control the
system in such a way that it is not a guessing game. A set schedule should be
implemented so citizens do not have to speculate when the irrigation water would
be available. The demand has been so strong that the period between 10:00 a.ma
and 4:00 p.m. daily does not allow enough time to recover enough water to the tank
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 7
to maintain proper pressure for distribution. Until the looping system has been
constructed for better control, varying distribution restrictions (dependent upon
drought severity) is the only recourse.
Mr. Boucher commended Public Works staff for monitoring and adjusting to provide
residents with the best opportunity for reclaimed water use. They have tried to
accommodate a seven day provision, but if the drought continues, distribution will
have to be reduced.
Council authorized staff flexibility to implement reclaimed water management
procedures in a manner most sensitive to residents with the directive to have pre:
releases and/or articles published immediately in the local newspaper and inform
Council as any schedule or program changes.
CITY CLERK
o No report.
CITY ATTORNEY
o No report.
Larry Weber
o Commendation for garbage cans at Manatee Park and Banana River Park.
o Met with Brevard County Recreation Director for ideas to improve the City's
Ballpark and submitted his suggestions to the City Manager. Possibly the Parks
and Recreation Board could review the suggestions.
Richard Treverton
o No report
Burt Bruns
o Mr. Bruns queried what the joint meetings of local government cooperative
committee is.
o Legislative committee report regarding a source of funding for water managemer
He encouraged staff to pursue any avenues of grant funding.
o Local citizens advisory committee of residents, business owners on A1A issue.
Council should individually select representatives for appointment. This issue will
on the next agenda. Current board members will be notified to generate interest.
o Our millage rate needs to be considered closely from water management issues.
Buzz Petsos
o Mr. Petsos expressed concern that sea turtle nests are not being marked.
o USA is having a volunteer recognition event at the Holiday Inn in Cocoa Beach.
The City Council has been invited to attend.
Cape Canaveral City Council
Regular Meeting Minutes
June 6, 2000
Page 8
o Mr. Petsos commended the author of the trash on the beach editorial
demonstrating that a major cause is by ship traffic.
Mayor Randels
o Mayor Randels reminded Council that the City did not submit an application to the
P2000 fund this year.
o SJRWMD stormwater park project grant submittal is due by July 7.
o Transient homeless are relocating to the City.
o Brevard County Urban Development Block Grant is requesting support for their
CDBG grant. He explained that they helped three first time homebuyers, repaire
one home and provided a loan to one individual in the City of Cape Canaveral th s
past year.
o The census is just being completed. The City received an award for involvement
o Mayor Randels received an appointment to a State committee for his involvement
in the state alternative energy program.
o Mayor Randels reported that Fannie Mae has received money for the state for fiat
time homebuyers.
There being no further business, the meeting adjourned at 9:12 p.m.
Rocky Randels, MAYOR
Sandra Smith, CITY CLERK
City Council Regular Meeting
City Hall Annex, 111 Polk Avenue
June 20, 2000
MINUTES
ROLL CALL:
Council Members Present
Burt Bruns
Richard Treverton
Larry Weber
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
Bennett Boucher, City Manager
Susan Stills, Assistant City Clerk
Kohn Bennett, City Attorney
Morris Reid, Acting Building Official
Todd Peetz, City Planner
ORDINANCES — FIRST PUBLIC HEARING:
<Tape 1, 56> Mayor Randels read Ordinance No. 07-2000 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING SUB -PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110-
470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bruns commended the Planning and Zoning Board for their work on the
ordinance. Mr. Treverton concurred in that the ordinance is inclusive. However,
he questioned about providing for a taller fence abutting a right-of-way in a
commercial district. He viewed four -foot chain link fence around a salvage yard
and questioned if there were an avenue if a business owner desired a taller
fence. Mayor Randels answered that when the owner of the salvage yard applied
for a special exception to store vehicles, the requirements were a fence and a
screen.
Attorney Bennett clarified for the record that this ordinance was not endorsed by
the Planning and Zoning Board and was in fact the work of the City Council and
the Building Department. The ordinance drafted by Planning and Zoning
repealed fence exemptions. He responded to Mr. Treverton that the ordinance
does not allow for a fence in excess of four -feet butting the road. He stated that a
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 2
variance is the avenue in such a circumstance. However, the Board of
Adjustment, in granting a special exception, can only require what is permitted by
the code. Attorney Bennett clarified that residential not commercial property was
relative in the fence exemption issue. Mayor Pro Tem Petsos stated that a
salvage yard could be established 25 -feet from the right-of-way in a commercial
area and that this would impact new construction in the C-1 and M-1 zoning.
Attorney Bennett explained that in any case an applicant would need a special
exception that has a six-foot fence requirement as well as a 25 -foot setback
requirement that recreates a buffer. Mr. Weber queried about rebuilding after
damage. Attorney Bennett stated that a new fence would need to comply with
new code. Mr. Reid concurred that all new construction must comply with the
current City and building codes within State statutes for the specified lot. Mr.
Treverton restated his desire for a special exception that would allow for a higher
fence. Attorney Bennett responded that an applicant could apply for a variance,
however you cannot grant a variance for height within a special exception
request. Attorney Bennett read from Section 110-470 Paragraph (4) for further
clarification that specified the eight -foot fence height requirement and four -foot
requirement within 25 -feet of the right-of-way in commercial zoning.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Ordinance No. 07-2000 for second reading. Motion carried as follows: Mr.
Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For.
2. <Tape 1, 625> Mayor Randels read Ordinance No. 08-2000 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 94, SIGNS, BY RE -ADOPTING THE CHAPTER IN
ITS ENTIRETY, PROVIDING ADDITIONAL DEFINITIONS, EXCEPTIONS, LIGHTING,
CRITERIA, STANDARDS, CONFORMANCE TIME LIMITS, OFF -PREMISES SIGNS,
AWNINGS AND CANOPIES, AND AUTOMOTIVE SERVICE STATION SIGNS;
AMENDING DISTRICT REGULATIONS REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bruns referred to Section 94-7, Conformance, regarding the verbiage that
reads, "by a date to be determined by a future referendum," in that he desired to
delete this portion. Mr. Peetz suggested December 31, 2005 as a compliance
date. Mr. Bruns stated that the date should come under discussion concurrently
with the size and height. Attorney Bennett recommended omitting all other
verbiage in Section 94-7 following the first sentence that reads, "All signs or other
advertising structures erected within the city limits shall conform to this chapter."
Attorney Bennett also recommended that the verbiage on Page 16 conclude as,
"until they are removed or fall into disrepair." Mayor Randels queried the delay in
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 3
addressing certain requirements until the Year 2005. Mr. Bruns stated that any
new signs are amortized or depreciated over a seven-year period. Mr. Peetz
responded to Mr. Treverton that seven years is the industry standard, however
he chose five due to expediency. Attorney Bennett responded to Mayor Randels
that all new signage is due to come into compliance on the effective date. He
clarified that the amortization date would be addressed subsequently along with
the size and height requirement.
Mayor Randels referred to Attorney Garganese's letter that provided
recommendations for the sign ordinance. The letter recommended additional
verbiage in Section 94-2(c). He recommended including the verbiage to address
freedom of speech issues. Mayor Randels continued reviewing the letter with
Section 94-33 relating to requirement and procedures for Issuance of Building
Permits. Attorney Bennett recommended adding the verbiage, "after approval by
the Community Appearance Board." Mayor Pro Tem Petsos recommended
placing that verbiage before, "The Building Official shall grant" in Section 94-.
33(a).
Mayor Randels continued review of the letter with Section 94-78, Political Signs.
Mr. Weber questioned how the City would enforce political sign removal. Mayor
Randels explained that a deposit is conditional and therefore returned, unlike a
fee. Attorney Bennett queried if any other applicant was required to make a
deposit to post signs. Mayor Pro Tem Petsos responded that a fee is paid for all
other signs. Mayor Pro Tem Petsos contended that the deposit shows a good
faith effort that the applicant will remove the signs. Attorney Bennett stated that
failing to charge any one else discriminates for a content -based sign. Council
agreed by majority to use Attorney Garganese's recommendations from
Paragraph (a) and (b) in Section 94-78 and to retain the current verbiage that
requires a deposit for political signs.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to
approve Ordinance No. 07-2000 including the amendments for second
reading. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr.
Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For.
RESOLUTIONS:
3. <Tape 1, 2030> Mayor Randels read Resolution No. 2000-21:
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to
insert the name of Elizabeth Mars as a Regular of the Beautification Board
with a term to expire on November 1, 2002. Motion carried as follows: Mr.
Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 4
CONSIDERATIONS:
4. <Tape 1, 2029>Motion to Approve Canceling the Regular Meeting of
July 4, 2000.
A motion was made by Mr. Weber and seconded by Mr. Treverton to cancel the
Regular City Council meeting of July 4, 2000. Motion carried as follows: Mr.
Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For.
5. <Tape 1,2074> Voting Delegate for the Florida League of Cities
Annual Conference.
A motion was made by Mayor Randels and seconded by Mr. Bruns to nominate
Mayor Pro Tem Buzz Petsos as the voting delegate for the Florida League of
Cities Annual Conference. Motion carried as follows: Mr. Bruns, For; Mr.
Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For.
6. <Tape 1, 2141 > Appointments to the SR SIA Corridor Study, Citizens
Advisory Committee.
Mr. Boucher explained that the Metropolitan Planning Organization is seeking
citizen input on a Local Citizens Advisory Committee. Mayor Randels suggested
nominating the City Board Chairpersons. Mr. Bruns related that Mr. Tom Quinn
is interested in serving on the Committee. Mayor Pro Tem Petsos nominated Mr.
Frank Baker. Mr. Reid recommended and Mr. Weber nominated Ms. Beatrice
McNeely. Mr. Leo Nicholas and Ms. Jackie Coates declined nominations. Mr.
Lamar Russell reconsidered and accepted a nomination from Mayor Randels.
Mr. Weber suggested Ms. Andrea Shea -King or her husband Tim. Mayor Pro
Tem Petsos suggested Mr. Alan Beals. Mr. Bruns said that he would contact Ms.
Nadena Easler, Community Appearance Board Chairperson. If Ms. Easler could
not serve, then Mr. Boucher could appoint someone. Mr. Boucher stated that Mr.
Gardulski and Mr. John Pekar would serve on the Study Technical Advisory
Team.
REPORTS:
City Manager
o Mr. Boucher reported that the Thurm Blvd. construction is progressing
as scheduled
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 5
o Mr. Boucher announced that the State awarded the City two grants. He
reported on one grant in the amount $112,500 for the Manatee Park
boardwalk construction (with a match from the City in the amount of
$37,500.) He reported on another grant for City park improvements for
$50,000, to include: construction of additional basketball courts, two score
boards for the ball fields, eight new bleacher sets and converting the large
field to a regulation softball field. Mayor Pro Tem Petsos commended Ms.
Hanson on her work in acquiring the grant.
o Mr. Boucher reported that he received a copy of the SSA Sand Filter
report. He stated that the designer did not follow manufacturer
specifications on the project and a course of action to remedy the issue
would follow.
o Mr. Boucher announced the Council Workshop meeting on June 27 at
5 PM for discussion of the Sewer Rate and Sewer Impact Fee Study, and
discussion on the City Hall study.
o Mr. Boucher reported that Cocoa Beach is requesting a joint meeting
to discuss Reuse water. Mr. Boucher distributed and explained a water
supply table.
o Mr. Boucher related that Reuse schedules were hand delivered to City
customers.
o Mr. Boucher displayed the town flag presented to him by Council
Member Fritz Boler of our Sister City, Kloten Switzerland
o Mr. Boucher distributed Hurricane Information pamphlets from the
Florida Department of Community Affairs.
AUDIENCE TO BE HEARD:
o Mr. Nicholas related about the overgrown weeds in Washington
Avenue Park. He stated that although a "Weeding Day" is scheduled, he
emphasized the need for attention to park maintenance.
CITY CLERK
o No report
CITY ATTORNEY
o No report
MR. WEBER
o Attended helicopter pad grand opening at Cape Canaveral Hospital and
he would like Dr. Emron Amami to make a presentation at the joint
meeting with Cocoa Beach.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 6
MR. TREVERTON
o No report
MR. BRUNS
o Mr. Bruns encouraged Council to continue on the sign ordinance
size/height requirement
o Mr. Bruns questioned about the Storm Water Management status. Mr.
Bruns expressed concern with establishing a fee. Mr. Boucher responded
that he would establish an action plan to implement a storm water fee.
MAYOR PRO TEM PETSOS
o Mayor Pro Tem Petsos asked the City Manager to send notices those
residents regarding water irrigation extending onto the sidewalks
o Mayor Pro Tem Petsos encouraged strict enforcement of no fireworks on
the beach
MAYOR RANDELS
o Mayor Randels questioned about the County Beach easement
agreement status. City Attorney stated that revisions were made and the
agreement was forwarded to the County.
o Mayor Randels reported on a Storm Water Management Grant
opportunity from St. John's River Water Management District with a July
7 deadline
o Mayor Randels distributed information on shoreline restoration
o Mayor Randels distributed the New Business information booklets from
the Economic Development Commission
o Mayor Randels reported on the Letter of the Day article featuring Larry
Weber's concern in keeping a community clean
o Mayor Randels asked if there were any items for discussion at the Joint
meeting Mayor meeting
o Mayor Randels reported that Mr. Gardulski's community of Oak Hill
received a grant from Waterfronts Florida.
o Mayor Randels related that the Brevard Watercolor Society is working
with the Business and Cultural Development Board on the
Wednesday/ Friendsday. He queried Council's interest in purchasing
purchase a watercolor painting for display in City Hall. Mr. Treverton
recommended that the Board fund the purchase.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2000
Page 7
o Ms. Jackie Coates related that the Board would discuss the painting
purchase at its next meeting. She explained that the Society would
feature watercolors of Old Brevard at Florida Institute of Technology
in the fall. Ms. Coates related that she photographed the old Eberwein
house, Cape Canaveral's oldest home, and Ms. Darlene Hunt could take
on the project as part of historic Cape Canaveral.
o Ms. Coates noted that a park in Palm Bay has ideas that could be
incorporated in our Manatee Sanctuary Park. Mr. Reid is familiar with
the area and agreed to take photographs.
o A Cocoa Beach resident questioned the agreement of providing reuse
water. Mayor Randels explained that Cape Canaveral would provide
650,000 gallons of reuse water to Cocoa Beach if available after
Canaveral resident's needs are met. He responded that the City's water
schedule is 7 to 10 A.M. in the morning and 6 to 10 P.M. in the evening
every day. He stated that Cape Canaveral built and paid for the reuse
infrastructure. For clarification, Mayor Randels explained that Cape
Canaveral resident's paid initially by purchasing the water through the City
of Cocoa and Canaveral resident's also paid through increased rates to
upgrade the City sewer plant. Mayor Randels reemphasized that the
agreement is to provide the excess to Cocoa Beach, however Canaveral
residents are first in the distribution process.
Rocky Randels, MAYOR
Susan Stills, ASSISTANT CITY CLERK
Meeting Type: Regular
Meeting Date: 08-01-00
AGENDA
Heading
Considerations
Management District to construct a stormwater recovery system at the public works facility.
Item
2
The scope of this project is outlined on Page (10) of the agreement. The total project cost is $41,800; ,the
No.
Staff recommends approval.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COST SHARE AGREEMENT WITH THE ST. JOHNS RIVER
MANAGEMENT DISTRICT
DEPT./DIVISION: WWTP/PUBLIC WORKS
WATER
'Requested Action:
City Council consider approval of the attached cost share agreement with the St. Johns River Water
Management District to construct a stormwater recovery system at the public works facility.
Summary Explanation & Background:
The scope of this project is outlined on Page (10) of the agreement. The total project cost is $41,800; ,the
city's match is $20,900.
Staff recommends approval.
Exhibits Attached:
Public works director's memo/Agreement
►Cit Ma er' Y Office
Department WWTP/PUBLIC WORKS p
g la turneet g2u>� l�x/�1u /sirwmo.ctoc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski "('4
Public Works Director
DATE: July 25, 2000
SUBJECT: City Council Agenda Item for August 1, 2000
Stormwater Recovery Project Cost Sharing Agreement
With SJRWMD Contract #SD631AA
The City of Cape Canaveral made application for funding from St. John's Water
Management District through the Stormwater Cost Sharing Program. On March 23, 2000 the
City received notice for funding in the amount of $20,900. Attached is a copy of the contract
agreement. The contract period is 12 months from the effective date.
The scope of the Stormwater Recovery Construction Cost Sharing project will consist of
the collection and pretreatment of Stormwater at the Public Works Facility. This pilot project
will determine the feasibility of utilizing Stormwater as a supplement for reclaimed water and the
further expansion of the program. Funding to be budgeted.
Recommend the approval of the Stormwater Recovery Cost Sharing Agreement.
Attachment
CC: File
Contract #SD63IAA
AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CAPE CANAVERAL
FOR THE TREATMENT FACILITY STORMWATER RECOVERY PROJECT
THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING
BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"),
whose address is P. O. Box 1429, Palatka, FL 32178-1429, and CITY OF CAPE CANAVERAL
("CITY"), whose address is P. O. Box 326, Cape Canaveral, FL 32920-4980.
WITNESSETH THAT:
WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and
given those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose
geographical boundaries encompass Indian River Lagoon; and
WHEREAS, DISTRICT has determined that its needs will be best served by entering into
a COST SHARE AGREEMENT for services that can be provided by CITY.
NOW THEREFORE, in consideration of the payments here specified and which
DISTRICT agrees to make, CITY agrees to furnish and deliver all materials, to do and perform
all work and labor required to be furnished and delivered, done and performed for the Treatment
Facility Stormwater Recovery Project, Contract #SD631AA. CITY agrees to complete the Work
in conformity with the Contract Documents and all attachments as defined herein and on file at
the St. Johns River Water Management District. The Contract Documents consist of the
following items, including all modifications thereof incorporated in the Documents before their
execution: AGREEMENT; EXHIBIT "A" - Scope of Work; and all attachments hereto. All
attachments and Contract documents are part of this AGREEMENT as fully and with the same
effect as if they had been set forth at length in the body of this AGREEMENT.
ARTICLE I - SCOPE OF WORK
All Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK,
entitled, "Garden Street Basin Stormwater Management Project," attached hereto and by
reference made a part of this AGREEMENT.
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
A. The effective date of this AGREEMENT shall be this day of , 2000
B. CITY will be required to commence work under the Contract within fifteen (15) calendar
days after the effective date of the AGREEMENT, to prosecute the Work diligently, and
to complete the entire Work for use within twelve (12) months of the Effective Date of
the AGREEMENT, unless the date is extended by mutual agreement of the parties hereto.
Time is of the essence.
Page 1 of 10
Contract #SD63IAA
ARTICLE III - TERM
This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the
completion of the Work in accordance with the date established under ARTICLE II above.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the AGREEMENT is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. In addition, each party is subject to the provisions of
Section 768.28, Fla. Stat. (1999).
B. If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of
this Contract, DISTRICT may avail itself of any or all remedies provided in the Contract
and shall have the right and power to proceed in accordance with its provisions.
C. Each party shall also acquire and maintain throughout the term of this AGREEMENT
such general liability, automobile insurance, and workers' compensation insurance as
required by their current rules and regulations.
D. CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights.
ARTICLE V - RESPONSIBILITIES OF CITY
A. CITY's Project Manager shall be Ed Gardulski, Public Works Director, or his designee.
B. CITY shall follow the verbal and written direction of DISTRICT's Project Manager
assigned to the work. All work authorized may be stopped by DISTRICT's Project
Manager at any point, which shall not result in loss of payment to CITY for services
performed up to the time the Work has ceased in accordance with this Contract. If CITY
fails to perform under terms of this Contract, DISTRICT may elect to have CITY cease
work until corrections are made at no additional cost to DISTRICT and with no
allowance for extension of time or to terminate if CITY fails or refuses to comply with
the terms of this AGREEMENT.
C. CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any
of CITY's employees performing work under this AGREEMENT, DISTRICT
employees.
Page 2of10
Contract #SD63 I AA
D. CITY shall be responsible for completion and maintenance costs, including but not
limited to, design, advertising and bidding, construction, construction management and
all other related items necessary for the completion of the projects as designed.
E. CITY shall include hold harmless and indemnification language in all construction
agreements to protect CITY and DISTRICT: "CONTRACTOR shall indemnify and hold
harmless, release and forever discharge the City of Cape Canaveral and St. Johns River
Water Management District, their public officers, employees, agents, representatives,
successors and assigns of any and all liabilities, claims, actions, damages, costs or
expenses, and attorneys' fees against the City of Cape Canaveral and St. Johns River
Water Management District, arising out of or in any way connected with this Agreement
and resulting from damages to property, personal injury, or loss of life. CONTRACTOR
understands that this waiver includes any claims based on partial or sole negligence,
action or inaction of CONTRACTOR, his employees, subcontractors, representatives,
successors and assigns; and includes any claims based on partial or sole negligence,
action or inaction of the City of Cape Canaveral and St. Johns River Water Management
District, their public officers, employees, agents, representatives, successors and assigns."
F. CITY is responsible for providing all funding required to complete the work beyond the
amount to be provided by DISTRICT under ARTICLE VI, Paragraph E, below.
G. CITY agrees to include a DISTRICT representative on all consultant selection
committees.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
A. DISTRICT's Executive Director designates Troy Rice as Project Manager for purposes
of directing CITY and maintaining coordination and review of the work. The Project
Manager shall have sole and complete responsibility to transmit instructions, receive
information, approve invoices, interpret and communicate DISTRICT policies and
decisions with respect to all matters pertinent to CITY's services. The Project Manager
and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to
provide decisions for the duration of the Work, as well as to review and comment on
interim reports. No actions outside the Scope of Work shall be initiated by CITY without
prior written authorization of the project manager; however emergency situations
requiring action within less than twenty-four (24) hours may be granted verbally by the
Project Manager and followed up in writing within seventy-two (72) hours.
B. DISTRICT shall be available to CITY to respond to questions regarding the project.
C. As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of
any and all invoices and deliverables related to this AGREEMENT submitted by CITY.
D. Upon the satisfactory completion of the Work, DISTRICT will provide a written
statement to CITY accepting all deliverables.
Page 3of10
Contract #SD63IAA
E. Through this AGREEMENT, DISTRICT agrees to provide in the amount not to exceed,
twenty thousand nine hundred and no/100 dollars ($20,900), as matching funds for the
construction of the Cape Canaveral Treatment Facility Stormwater Recovery Project,
City of Cape Canaveral.
ARTICLE VII - DELIVERABLES
A. Deliverables: CITY shall deliver all services, products, and deliverables as stated in the
Contract.
B. REPORTS: CITY shall submit monthly reports to DISTRICT's Project Manager in a
form approved by the Project Manager. In addition to hard copies, all written
deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form
in formats consistent with DISTRICT's standard software products. DISTRICT's
standard office automation products include the Microsoft® Office Suite (WORD,
EXCEL, ACCESS, and POWERPOINT). Other formats may be accepted, if mutually
agreed upon by DISTRICT's Project Manager and Chief Information Officer.
ARTICLE VIII - FUNDING
A. This AGREEMENT is subject to the availability of funds from an annual appropriation
by the Florida Legislature to the Water Management Lands Trust Fund (WMLTF), as
provided for in Section 373.59, Fla. Stat., and Chapter 62-402, Fla. Admin. Code, for the
payment hereof. Should the project not be approved for funding by the WML Trust
Fund, or if approved should funds sufficient to cover the costs of this AGREEMENT not
be placed into the WML Trust Fund and be made available to DISTRICT, then this
AGREEMENT shall be null and void and DISTRICT shall not be obligated to CITY in
any sum.
B. If, after the effective date of the AGREEMENT is established, should funding by the
WML Trust Fund terminate, DISTRICT may terminate this AGREEMENT upon thirty
(30) days written notice to CITY and shall be liable only for such costs as actually
incurred by CITY up to the date of termination.
ARTICLE IX - COMPENSATION
A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay CITY a sum in the amount not to exceed twenty thousand nine
hundred and no/100 dollars ($20,900).
B. Invoicing Procedure: All invoices shall reference the Contract Number provided on the
first page of this AGREEMENT and shall be submitted to Director, Division of Financial
Management, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized
monthly invoices based upon the actual work performed and shall bill as per the Project
Budget included in EXHIBIT "A". Invoices which do not correspond to the Project
Budget will be returned to CITY without action.
Page 4 of 10
Contract #SD631AA
C. Payments: DISTRICT shall pay CITY one hundred percent (100%) of each approved
invoice within thirty (30) days of presentation. Payments due and unpaid under this
AGREEMENT shall not bear interest.
D. Release: CITY agrees that acceptance of the payment, shall be considered as a release in
full of all claims against DISTRICT or any of its members, agents, and employees,
arising out of, or by reason of, the Work done and materials furnished under this
AGREEMENT. Prior to, or in conjunction with final payment, DISTRICT shall review
and determine that CITY has fully and satisfactorily completed the required Work under
this AGREEMENT. If DISTRICT determines that CITY has complied with the terms
and conditions of this AGREEMENT, then acceptance of final payment by CITY shall be
considered as a release in full of all claims by DISTRICT against CITY, or any of its
members, agents and employees, arising out of, or by any reason of, the Work to be done
and materials furnished under this AGREEMENT.
ARTICLE X - OWNERSHIP OF DOCUMENTS
A. Ownership and copyright to all reports and all accompanying data (in all formats)
produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY
shall include language in all subcontracts which clearly indicates that Ownership and
Copyright to all materials produced pursuant to this AGREEMENT shall remain with
DISTRICT and CITY.
B. Any source documents or any other documents or materials developed, secured or used in
the performance of this contract shall be considered property of DISTRICT and shall be
safeguarded by CITY. The original documents or materials, excluding proprietary
materials, shall be provided to DISTRICT upon the expiration or termination of the
contract, as outlined in the scope of work, or upon request of DISTRICT.
ARTICLE XI - SUBCONTRACTING
A. CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT. When applicable, and upon receipt of such consent in
writing, CITY shall cause the names of the firms responsible for such portions of the
work to appear on the work.
B. CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days
prior to the effective date of the subcontracts for the purpose of approval. CITY agrees to
provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar
days after the effective date of the subcontract.
Page 5 of 10
Contract #SD631AA
C. CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT.
ARTICLE XII - CHANGES IN SERVICE REQUIREMENTS
DISTRICT and CITY may at any time, by mutual written agreement in the form of an
amendment to this AGREEMENT, make changes within the general scope of this
AGREEMENT in the services or work to be provided. Neither party to this AGREEMENT shall
unreasonably withhold consent to any written amendment to this AGREEMENT.
ARTICLE XIII - INTEREST OF CITY
Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as
amended) either directly or indirectly, in the business of CITY to be conducted here, and that no
such person shall have any such interest at any time during the term of this AGREEMENT.
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this
AGREEMENT for refusal by the other party to allow public access to all documents, papers,
letters, or other material related to this AGREEMENT and subject to the provisions of Chapter
119, Fla. Stat., as amended.
ARTICLE XV - ASSIGNMENT
CITY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT.
ARTICLE XVI - AUDIT: ACCESS TO RECORDS
A. CITY agrees that DISTRICT or its duly authorized representatives shall, until the
expiration of three (3) years after expenditure of funds under this AGREEMENT, have
access to examine any of CITY's books, documents, papers, and records involving
transactions related to this AGREEMENT. CITY agrees that payment(s) made under this
AGREEMENT shall be subject to reduction for amounts charged which are found on the
basis of audit examination not to constitute allowable costs.
Page 6 of 10
Contract 4SD63IAA
B. CITY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records shall be maintained until an audit has been completed
and all questions arising from it are resolved or until three (3) years after completion of
the Work and submission of a final invoice, whichever is sooner. CITY will provide
proper facilities for access to and inspection of all required records.
ARTICLE XVII - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin, age, handicap
or marital status.
ARTICLE XVIII - CONFLICTING EMPLOYMENT
CITY agrees that at the time of execution of this Contract it has no retainer or
employment AGREEMENT, oral or written, with any third party relating to any matters which
adversely affect any interest or position of DISTRICT. CITY shall not accept during the terms
of this Contract any retainer or employment from a third party whose interests appear to be
conflicting or inconsistent with those of DISTRICT.
Notwithstanding the foregoing paragraph, CITY may accept retainers from or be
employed by third parties whose interests appear conflicting or inconsistent with those of
DISTRICT if, after full written disclosure of the facts to DISTRICT, DISTRICT determines that
the apparent conflict shall not interfere with the performance of the Work by CITY.
ARTICLE XIX - NON -LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency.
ARTICLE XX - TERMINATIONS
A. Termination for Default: This AGREEMENT may be terminated in whole or in part in
writing by either party in the event of substantial failure by the other party to fulfill its
obligations under this AGREEMENT through no fault of the terminating party, provided
that no termination may be effected unless the other party is given: (1) not less than ten
(10) calendar days written notice delivered by certified mail, return receipt requested, and
(2) an opportunity for consultation with the other party prior to termination.
Page 7of10
Contract #SD63IAA
B. Termination for Convenience: This AGREEMENT may be terminated in whole or in part
in writing by either party provided that the other party is given: (1) not less than thirty
(30) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate, and (2) an opportunity for consultation prior to termination.
C. If termination for CITY's default is effected by DISTRICT, an equitable adjustment in�I
the price provided for in this AGREEMENT shall be made, but (1) no amount shall be
allowed for unperformed services, and (2) any payment due to CITY at the time of
termination shall be adjusted to cover any additional costs to DISTRICT because of
CITY's default. If termination for DISTRICT's default is effected by CITY, or if
termination for convenience is effected by DISTRICT, the equitable adjustment shall
provide for payment of all services, materials, and costs, including prior commitment
incurred by CITY up to the termination date.
D. Upon receipt of a termination action under paragraphs "A" or "B" above, CITY shall:
(1) Promptly discontinue all affected work (unless the notice directs otherwise), and
(2) deliver or otherwise make available all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as may have been
accumulated by CITY in performing this AGREEMENT, whether completed or
in process.
E. Upon termination under Paragraphs "A" or "B" above, DISTRICT may take over the
work or may award another party a contract to complete the work.
F. If, after termination for failure of CITY to fulfill contractual obligations, it is determined
that CITY had not failed to fulfill contractual obligations, the termination shall be
deemed to have been for the convenience of DISTRICT. In such event, the adjustment of
compensation shall be made as provided in Paragraph "C" of this section.
ARTICLE XXI - GOVERNING LAW
This AGREEMENT shall be construed and interpreted according to the laws of the State
of Florida.
ARTICLE XXII - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against
the other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties, it being recognized that both parties, DISTRICT and CITY, have contributed
substantially and materially to the preparation hereof.
Page 8 of 10
Contract #SD631 AA
ARTICLE XXIII - ENTIRE AGREEMENT
This AGREEMENT upon execution by CITY and DISTRICT, and the contract
documents constitute the entire Agreement of the parties. The parties are not bound by any
stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted
in this AGREEMENT. CITY agrees that no representations have been made by DISTRICT to
induce CITY to enter into this AGREEMENT other than as expressly stated by this
AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than
written amendments referencing this AGREEMENT and signed by all parties.
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be executed in its name by its Executive Director and the
CITY OF CAPE CANAVERAL has caused this contract to be executed in its name by its duly
authorized representatives, and, if appropriate, has caused its seal to be attached, all on the day
and year first above written.
ST. JOHNS RIVER WATER CITY OF CAPE CANAVERAL
MANAGEMENT DISTRICT
Henry Dean, Executive Director
IM
Attest:
Typed Name and Title
Typed Name and Title
(SEAL)
APPROVED BY THE OFFICE OF GENERAL COUNSEL
John W. Williams, Deputy General Counsel
St. Johns River Water Management District
Page 9of10
Contract #SD631 AA
EXHIBIT "A" — SCOPE OF WORK
CITY OF CAPE CANAVERAL
TREATMENT FACILITY STORMWATER RECOVERY COST -SHARE
The Treatment Facility Stormwater Recovery project will serve as a pilot test for pre -treating stormwater
prior to its entry into the wastewater treatment plant to augment flows for production of reclaimed water.
This project will include the construction of a stormwater system to intercept runoff from 1 acre within
the wastewater treatment plant site, pre -treat the stormwater in a Vortechs Model 4000 sediment trap,
then release the water into the wastewater treatment for mixing with reclaimed water for use in irrigation.
The stormwater system is an Environmental Protection Agency recognized innovative technology that
captures 80% of suspended solids (i.e. grit, settable solids), and oils and grease. The system also removes
floating debris, trash, adhered / absorbed metals and nutrients. As a prototype, this project will serve as a
demonstration for proposed larger scale systems once the operating conditions are determined by the best
management practices (BMPs).
Task 1: Prior to construction: CITY shall prepare construction contract documents which include
construction drawings and technical specifications. Details of the project's construction shall be mutually
agreed to by CITY and DISTRICT to be consistent with the requirements of no increase in peak discharge
rates for either the mean annual or 25-year/24 hour storm event. A detailed final cost estimate based upon
the completed final drawings will be provided. A final project timeline will be prepared which details
construction beginning, end and milestone dates, projected monitoring periods; and a description of future
maintenance schedule for the facility with any other administrative services (bidding, inspections,
construction coordination, etc.) needed to bring this project to completion. A copy of the approved
DISTRICT Environmental Resource Permit shall be submitted to the Indian River Lagoon Program
Office prior to initiation of construction. CITY shall submit quarterly progress reports. Project
construction will also be documented with photos, which will be included in the final construction report
upon completion. A water quality monitoring project plan will be submitted prior to initiation of the
construction phase which includes water and sediment sampling and analysis activities with identified
parameters.
Task 2: CITY shall provide necessary monitoring and analysis to assess the level of stormwater treatment
provided by this project in accordance with the water quality monitoring plan submitted under Task 1,
over a six (6) month period following construction completion. A final report detailing the project's
benefits and levels of treatment achieved will be submitted upon completion of the required post -
construction monitoring period.
PROJECT BUDGET
EXPENSE DESCRIPTION
FUNDING SOURCE
CITY
DISTRICT
TOTAL
Vortech System Model 4000
$ 16,000
$
16,000
Telemetry and Controls
$ 4,900
$
4,900
New Conveyance Piping 800 LF 4" pipe
$
5,000
0
$
5,000
Install Vortech System
$
5,000
0
$
5,000
Control Valves
$
3,000
0
$
3,000
Testing and Start U
$
5,000
0
$
5,000
Mobilization, etc.
$
2,900
0
$
2,900
TOTAL PROJECT COST
$
20,900
$ 20,900
$
41,800
Page 10 of 10
Meeting Type Regular:
Meeting Date: 08-01-00
AGENDA
City Council consider approval of this change order to construct Phase IV, Part (1) of the reuse water system
Heading
Considerations
This is Phase I of II to construct a reuse main that will run from the public works facility to the intersection
Item
3
Staff recommends approval.
No.
Public works director's memo of 7/25/00
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CHANGE ORDER TO CARL HANKINS, INC
(1) OF THE RECLAIMED WATER PROJECT
DEPT./DIVISION: WATER RECLAMATION/PULIC WORKS
TO CONSTRUCT PHASE IV, PART
Requested Action:
City Council consider approval of this change order to construct Phase IV, Part (1) of the reuse water system
as recommended by the public works director.
Summary Explanation & Background:
This is Phase I of II to construct a reuse main that will run from the public works facility to the intersection
of N. Atlantic Avenue and W. Central Blvd. This is part of the original design of the reuse distribution
system.
Staff recommends approval.
Exhibits Attached:
Public works director's memo of 7/25/00
City Man Office
Department WATER RECLAMATION/PUBLIC
WORKS
/( y�iumeetmg/2 /UOW 2S- 3�ins.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public WorksDire for
DATE: July 25, 2000
SUBJECT: City Council Agenda Item for August 1, 2000
Reclaimed Water Project Phase IV, Part 1
Carl Hankin's Inc. Change Order and Contract Extension
As a requirement of the City's Wastewater Treatment Permit requirement, the City of Cape
Canaveral is to construct a reclaimed water distribution system. The Operation Permit outlined four (4)
Phases of construction. Three of the four phases have been substantially completed. City is on schedule as
required by our DEP Operating Permit.
The City advertised requests for bid forthe construction of Phase III Extension. The scope of this
project is to construct the reclaimed water distribution system with services. The City of Cape Canaveral
advertised that the methodology of construction to be directional boring. The scheduled bid opening was
held on September 29, 1999 at 3:15 p.m. at the City Hall Annex. The City received three (3) bids. On
October 5`h City Council awarded Bid 99-03 to the low bidder, Carl Hankins, Inc. The bid award of the
project is a unit bid price.
Attached is the proposal submitted by CarlHankins Inc for Phase IV, Part L This project is 100%
Impact Fund eligible and funds have been budgeted for the 2000-2001 fiscal year. In addition, the City of
Cape Canaveral has received a grant from St John's River Water Management District (SJRWMD) in the
amount of $72,180 for the construction of the first half of this project, i.e. from the treatment facility to
AIA.
The City does needs to loop the system from the treatment facility to Atlantic Ave. This will be
included in Part 2, which will be completed in the near future.
Recommend the approval of Change Order for Phase IV, Part 1, in the amount of $302,247.35,
and the appropriation of necessary funds. Estimated project completion time will be 90 (ninety) days.
Attachment
cc: File
V II LV!VV 1VL —V" 111x1 — V.. -- vaa-.-. ....r ....•.. ..•-.-
Ed Gardulski
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
Dear Ed:
Corpmde Office
14512 N. Nebraska Avenue
Tampa, Florida 33613-1429
Telephone: (8 13) 977-7270
Fax Number_ (813) 977-5419
July 25, 2000
Fax No: (407)799-3170
RE: Bid 99-03 Reclaimed Water Project
Phase IV, Part I
We are pleased to submit prices for the above referenced project.
KILS V
-._
. W�-2 6 2WO
Item No.
Description
Unit
Unit Price
Total
1
Mobilization
1 LS
$
26,962.00
2
Construction Survey
1 LS
$
3,150.00
3
Traffic Maintenance
1 LS
$
1,200.00
4
Reuse Line Testing
1 LS
$
2,572.00
6
4" PVC
120 LF
$
21.20
$
2,544.00
12
4" Gate Valve
4 EA
$
571.00
$
2,284.00
19
4" MJ Plug
4 EA
$
223.00
$
892.00
20
2" Blow Off Assembly
1 EA
$
566.00
$
566.00
30
Concrete Sidewalk Remove & Replace
20 LF
$
22.50
$
450.00
31
Concrete Curb Removal & Replacement
40 LF
$
19.50
$
780.00
32
Concrete Driveway Removal & Replacement
75 SF
$
6.15
$
461,25
33
Asphalt Pavement Remove & Replace
72 SY
$
28.00
$
2,016.00
37
Replace Sod
1399 SF
$
0.60
$
8,398.80
38
Tie in New 16" Reuse to existing with
16"X16" Tapping Sleeve & Valve
1 EA
$
9,839.88
$
9,839.88
39
16" PVC Pipe
2680 LF
$
55.60
$149,008.00
40
12" PVC Pipe
140 LF
$
51.90
$
7,266.00
42
16"X16" & 6"X4" Tee & Reducer
4 EA
$
1,441.90
$
5,767.60
43
16"X90 Degree Bend
1 EA
$
1,428.94
$
1,428.94
44
16" Gate Valve
1 EA
$
7,302.48
$
7,302.48
45
16"X45 Degree Bend
2 EA
$
1,385.76
$
2,771.52
46
16"X12" Tee
1 EA
$
1,928.88
$
1,928.88
47
12" MJ Plug
1 E4
$
169.00
$
169.00
48
16"X12" Reducer
1 EA
$
909.40
$
909.40
49
12"X45 Degree Bend
2 EA
$
595.20
$
1,190.40
-- – .,.. — --- ..a.a ....v —, —0 IZLAJL IIn1v1111vJ 11"'. 1'0002
July 25, 2000
Ed Gardulski
City of Cape Canaveral
Page Two
Rom No.
Bore 24"
TOTAL.
Estimated project completion time will be 90 (ninety) days.
We look forward to our continued successful relationship.
Unit
130 LF
Sincerely,
C HANKINS, INC_
r
Carl E. Hankins
President
CEH:thc
cc: Doug Van 7 -ant, Proj. Eng., Stottler Stagg & Assoc.
James M. Minton, VP of Operations, CARL HANKINS, INC.
4
nit Price
Total
S 302,247.35
a
FLO. RYA
Lawton Chiles
Governor
Department of
Environmental Protection
CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL FL 32920
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
ATTENTION BENNETT C BOUCHER
CITY MANAGER
Brevard County - DW
Cape Canaveral Wastewater Treatment Facility
Wastewater Permit FL0020541-01
Annual Reuse Evaluation Report
Dear Mr. Boucher:
OCD -DW -98-0229
Virginia B.
Pub. W�
8uildini
Finance
This is to acknowledge receipt of Mr. Walter Brandish's letter, dated February 24, 1998, regarding the at
referenced facility. With his letter, Mr. Brandish submitted the Phase I Reuse Evaluation Report Submittal of
report is required by Condition IV. 14. of the above referenced permit.
Upon review of the Phase I Reuse Evaluation Report results, the Department agrees that continuation of expansio
of the phased public access land application system is warranted. Wastewater Permit No. FL00205414
authorized the construction of the phased public access land application system. The City may proceed t
construct Phases II and M. However, this may require modification of the permit to account for any revisions t
items 7 and 8 of the construction schedule contained in Condition VI.2. of the permit. If the City needs to revise
the construction schedule, an application for approval shall be made to the Department on DEP Form 62+
620.910(9), Application for a Minor Revision to a Wastewater Facility Permit.
While the Department is pleased with the progress the City has made to date, the report made no mention of the
disposition of Phase IV of the permitted reuse system. In light of the significantly less than anticipated reuse
demand realized for Phase I, the Department believes that the City needs to also proceed with Phase IV. The totals
implementation of the reuse system is critical to the City's efforts to ultimately demonstrate that it can achieve alf
requirements of the Indian River Lagoon Protection Act. Please provide this office with a written responsel,
addressing the City's position in this matter.
CCF&Ks
V,
cc: Walter Brandish
Sincerely,////
C&
Christianne C. Ferraro, P.E.
Program Administrator
Water Facilities
Date: �3
V "Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed an « cycied paper.
City of Cape Canaveral
Ms. Christianne C. Ferraro, P.E.
Program Administrator, Water Facilities
Department of Environmental Protection
3319 Maguire Blvd., Suite 232
Orlando, Florida 32803-3767
RE: OCD -DW -98-0229
Wastewater Permit FL0020541-01
Dear Ms. Ferraro:
As noted by your comments, in reference to the City's Annual Evaluation Report, the City made
no mention of the disposition of Phase IV of the permitted reuse system. This item was not included within
the report because this area is mostly undeveloped. In response to your request for additional information,
the City has been planning to target this area as it develops. For example, the following are items that are
in the conceptualization stages of planning:
1. Site plan reviews of future construction are noted that reuse will be available and the reuse
lines need to be designated;
2. Road construction is considered for future reuse needs and the installation of dry line is
recommended;
3. The City is negotiating with the Port Authority for the utilization of reuse water for the
proposed 528 interchange, Jetty Park, and along George King Blvd.
Also, please forward the required DEP form 62-620.910(9), Application for a Minor Revision to a
Wastewater Facility Permit, as required to revise the construction schedule of Phase II and 111. My fax
number is (407) 7994980. Please contact me at my office at 868-1240 for any additional concerns.
Sincerely,
Z ,
Ed Gardulski
Public Works Director
CC: City Manager
File;Reu$c WAter
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 14071 868.1200 • FAX (407) 799-3170
_._. _e.. _---- _.
Department of
Environmental Protection
Central District
Lawton Chiles 3319 Maguire Boulevard, Suite 232 Virginia B. Wetherell
Governor Orlando, Florida 32803-3767 Secretary
CITY OF CAPE CANAVERAL OCD -DW -98-0377
PO BOX 326
CAPE CANAVERAL FL 32920
ATTENTION BENNETT C BOUCHER
CITY MANAGER
Brevard County - DW
Cape Canaveral Wastewater Treatment Facility
Wastewater Permit FL0020541-01
Modifications/Construction Schedule
Dear Mr. Boucher:
This is to acknowledge receipt of Mr. Michael J. Hudkins' letter, dated April 8, 1998, regarding the above
referenced facility. With his letter, Mr. Hudkins submitted an Application for a Minor Revision to a
Wastewater Facility Permit to modify the Construction Schedule specified in Condition VI.2. of
Wastewater Permit FL0020541-01.
Upon review of the proposed (revised) construction schedule for Phases II and III of the Reuse System, we
realize that the starting date (Notice to Proceed) and the final completion date are within the time frame
specified in Condition VI.2. of the current permit (i.e., May 1, 1998 to May 1, 1999). Therefore, there is
no need to revise Condition VI.2. of the permit at this time. However, as explained in the Department's
letter of March 13, 1998, the Department still believes that the City needs to also proceed with Phase IV.
May 1, 1999 is the target completion date for all phases of the reuse system, including Phase IV. As that
date approaches, the construction schedule will then need to be revised to provide for an appropriate (more
definable) completion date for Phase IV.
If there are any questions concerning this matter, please contact Heribeito Collado, P.E. at the Central
District Office, telephone number (407) 893-3315.
Sincerely,
Christianne C. Ferraro, P. .
Program Administrator
Water Facilities
Dater
CCF/hc/cs
�?v
cc: Michael J. Hudkins, P.E.
"Protect. Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
City of Cane' Canaveral
OCEAN WOODS AREA
b
PWASE 33L
Streets
s.
r%
Streets
Meeting Type: Regular
Meeting Date: 08-01-00
AGENDA
City Council consider amending code section 78-152 deleting the utilization of the consumer price index and
Heading
Ordinances - 1" Rrea
ing
Item
4
K recommend approval at first reading.
No.
Ordinance and Existing Code
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 09-2000, AMENDING SECTION 78-152 MONTHLY SE ER
RATES
DEPT./DIVISION: FINANCE/ADMINISTRATION
Requested Action:
City Council consider amending code section 78-152 deleting the utilization of the consumer price index and
utilizing a sewer rate study to be conducted every (5) years as a basis for future sewer rates.
Summary Explanation & Background:
This will also provide that any increases will take effect on January l St.
A rate resolution will be presented at second reading of this ordinance to adopt the (5) year sewer rate plan
from the recent study.
K recommend approval at first reading.
Exhibits Attached:
Ordinance and Existing Code
City M ge s Office =-'�
Department FINANCE/ADMINISTRATION
.rte
g:'Taetnin7counctymeeungituts u u�Iuw.aoc
ORDINANCE NO. 09-2000
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 78, UTILITIES, ARTICLE III,
SERVICE RATES, DEPOSITS AND BILLING PROCEDURES, SECTION
78-152, MONTHLY SEWER RATES, BY PROVIDING FOR THE ABILITY
OF CITY COUNCIL TO ADOPT MONTHLY CHARGES, BY RESOLUTION,
BASED UPON RATE STUDIES; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Section 78-152, Monthly Sewer Rates, subsection (a), of the Code
of Ordinances is hereby amended by the deletion of subsection (a) in its entirety and
adopting the following in lieu thereof:
Sec. 78-152, Monthly Sewer Rates.
(a) Any user of the service of the sewer system shall pay a monthly
charge or rate as set forth in Appendix B to this Code. The schedule of fees
is subject to revision as may be necessary to keep rates commensurate with
the changes in the cost of providing service and is otherwise subject to
revision due to any regulatory or environmental factors which increase the
cost of sewage treatment. All revisions shall be done by resolution and shall
become effective as of January 1 of each year. The city council may utilize,
as a basis of any rate increase, a sewer rate study to be conducted, at a
minimum, every five (5) years.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to
be unconstitutional or invalid, such portion shall not affect the remaining portions hereof,
f 78-151
CAPE CANAVERAL CODE
(c) The deposit shall be paid to the city by the
new customer upon occupancy.
(d) The deposit shall be returned to the depos-
itor upon satisfaction of all outstanding balances,
upon termination of the service.
(e) Any deposit pursuant to this section shall
be refunded to the customer upon the satisfactory
Completion of 24 months service without a thirty -
day delinquency.
(Code 1981, §§ 672.01, 672.03; Ord. No. 24-94, § 1,
7-19-94)
Sec. 78-152. Monthly sewer rates.
(a) Any user of the services of the sewer sys-
tem shall pay a monthly charge or rate as set
forth in appendix B to this Code. The schedule of
fees is subject to revision annually as may be
necessary to keep rates commensurate with the
Changes in the cost of providing service and is
otherwise subject to revision due to any regula-
tory or environmental factors which increase the
cost of sewage treatment. All revisions shall be
done by resolution and shall become effective as of
May 1 of each year. The city council may utilize,
as a basis of any annual rate increase, the Con-
sumer Price Index U.S. city average "all items"
(1967=100), published by the Bureau of Labor
Statistics of the United States Department of
Labor. The index number for the month of Febru-
ory, 1989, shall be the base index number and the
corresponding index number for the month of
February in each succeeding year shall be the
current index number. The sewer rate shall be
determined by dividing the current index number
(CIN) by the base index number (BIN), in accor-
dance with the following formula, dropping all
digits after Vioo:
New rate charge = (CIN) x the current sewer
(BIN)
rate.
(b) It is the intent of this section that all
condominiums or other developments, particu-
larly developments with a mixture of housing
types, be charged a sewer rate in accordance with
the type of structure actually built.
(Code 1981, § 671.03; Ord. No. 35-94, § 1, 9-20-94)
Sec. 78-153. Payment of utility charges re-
quired.
(a) Bills for the monthly utility charges and
fees shall be submitted and shall be payable
within 30 days from the billing date. If such
monthly bill shall be and remain unpaid on and
after the 30 -day grace period, water and sewer
service shall be subject to cutoff. If such monthly
bill is not paid in full by the 30th day following
that for which a billing has been rendered, an
amount equal to ten percent of such bill due shall
be added as a late charge. Upon failure of any
user to pay within 60 days from being billed, the
city shall cut off or cause to be shut off the
connection of such user and shall not furnish him
or permit him to receive from the system further
service until all obligations owed by him to the
city on account of the services shall have been
paid in full. If such sewer service is shut off,
before such service shall be restored the user
thereof shall pay a reinstatement fee in the amount
as set forth in appendix B to this Code, in addition
to any other charges, late charges or penalties
due. The city shall also have a lien on any parcel
or property affected by any unpaid balance of
article II of this chapter. Such lien shall be supe-
rior and paramount to the interest on such parcel
or property of any owner, lessee, tenant, mort-
gagee or other person, except the lien of county
taxes, and shall be on a parity with the lien of any
such county taxes. If any such service shall not be
paid as and when due and shall
Supp. No. 4 CD78:24
Meeting Type Regular:
eeting Date: 08-01-00
AGENDA
Heading
Resolutions
x.000-25.
Item
5
No.
the
tollback rate of 1.6235 mills.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO, 2000-25, ADOPTING A
RATE FOR THE 2000/2001 FISCAL YEAR
DEPT./DIVISION: LEGISLATIVE
TENTATIVE PROPOSED MILL GE
�tequested Action:
City Council consider the adoption of this proposed tentative millage rate as outlined within Resolution No.
x.000-25.
Summary Explanation & Background:
The proposed tentative millage rate would be 2.0004 mills, which equates to a 23.22 % increase over
the
tollback rate of 1.6235 mills.
Once this tax rate is established, it can only be lowered during the final budget hearings this September.
�xhibits Attached:
kesolution No. 2000-25; Tax Worksheet
(City M g s Office
Department LEGISLATIVE
�g�adc�uncu�m tin$/lUUU-UV/LVVII-LJ.000
RESOLUTION NO. 2000-25
A RESOLUTION OF THE CITY OF CAPE CANAVERAL
OF BREVARD COUNTY, FLORIDA, ADOPTING A
TENTATIVE PROPOSED MILLAGE RATE FOR THE
LEVY OF AD VALOREM TAXES FOR FISCAL YEAR
2000/2001 ON ALL TAXABLE PROPERTY LOCATED
WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the electors approved in the 1985 referendum election the construction,
maintenance and operation of a library by ad valorem taxes; and
WHEREAS, the electors approved in the 1986 referendum election the imposition of ad
valorem taxes for beautification projects; and
WHEREAS, the electors approved in the 1990 and 1994 referendum elections the
imposition of ad valorem taxes for Fire/Rescue Services; and
WHEREAS, the electors approved in the 1990 and 1994 referendum elections the
imposition of ad valorem taxes for Police Protection; and
WHEREAS, the City wishes to impose said ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 2.0004 mills on the
dollar of taxable value for the 2000/2001 fiscal year for the City of Cape Canaveral, Florida. This
millage is a 23.22% increase from the rolled back rate of 1.6235.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of ..4504 mill for the Beautification Dependent
City of Cape Canaveral, Florida
Resolution No. 2000-25
Page 2
Special District, as approved in the 1986 referendum election. This tentative proposed ad
valorem tax shall be levied upon the 2000 Tax Assessment Roll for ad valorem tax on all taxable
property located within the City of Cape Canaveral and is to be used for the City's fiscal year
beginning October 1, 2000 and ending September 30, 2001.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special
District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax
shall be levied upon the 2000 Tax Assessment Roll for ad valorem tax on all taxable property
located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning
October 1, 2000 and ending September 30, 2001.
Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of .5000 mill for Fire/Rescue Service General
Operating Millag_e, as approved in the 1990 and 1994 referendum elections. This tentative
proposed ad valorem tax shall be levied upon the 2000 Tax Assessment Roll for ad valorem tax
on all taxable property located within the City of Cape Canaveral and is to be used for the City's
fiscal year beginning October 1, 2000 and ending September 30, 2001.
Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 1.0000 mill for Police Protection General
Operating Millage, as approved in the 1990 and 1994 referendum elections. This tentative
proposed ad valorem tax shall be levied upon the 2000 Tax Assessment Roll for ad valorem tax
on all taxable property located within the City of Cape Canaveral and is to be used for the City's
fiscal year beginning October 1, 2000 and ending September 30, 2001.
Section 6. This Resolution shall become effective immediately upon its adoption.
\\cape-nt\finance\budget\planning\resolution-tentative proposed rrOage OO.doc
City of Cape Canaveral, Florida
Resolution No. 2000-25
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County,
Florida, this 1 st day of Au ust, 2000.
ATTEST:
Sandra O. Smith, CITY CLERK
Approved as to Form:
, %-I l 1 !"l l 1 V 1\1911 1
\\cape-nt\finance\budget\planning\resolution-tentative proposed rnllage OO.doc
Rocky Randels, MAYOR
Name Yes
Burt Bruns
Richard Treverton
Buzz Petsos
Larry Webber
Rocky Randels
No
TRIAL DR -420
1 CURRENT YEAR TAX. VALUE OF REAL PROPERTY FOR
OPERATING PURPOSES
2 CURRENT YEAR TAX. VALUE PERSONAL PROPERTY FOR
OPERATING PURPOSES
3 CURRENT YEAR TAX. VALUE OF CENTRALLY ASSESSED
PROPERTY FOR OPERATING PURPOSES
4 CURRENT YEAR GROSS TAX. VAULE FOR OPERATING PURPOSES
(1)+(2)+(3)
5 CURRENT YEAR NET NEW TAX. VALUE (NEW CONST.+ ADDITIONS+ REHABILITATIVE IMPROVE.
INCREASING ASSESSD VALUE BY AT LEAST 100% + ANNEXATIONS - DELETIONS)
6 CURRENT YEAR ADJUSTED TAX. VALUE (4) - (5)
7 PRIOR YEAR FINAL GROSS TAX. VALUE
8 PRIOR YEAR OPERATING MILLAGE LEVY
9 PRIOR YEAR AD VALOREM PROCEEDS (7) x (8)
10 CURRENT YEAR ROLLED BACK RATE (9) / (6)
11 CURRENT YEAR PROPOSED OPERATING MILLAGE RATE
12 TYPE OF TAXING AUTHORITY
13 IF INDEPENDENT SPECIAL DISTRICT
14 CURRENT YEAR MILLAGE LEVY FOR VOTED DEBT SERVICE
15 CURRENT YEAR OTHER VOTED MILLAGE
16 TOTAL PRIOR YEAR AD VALOREM PROCEEDS OF ALL DEPENDENT
SPECIAL DISTRICTS & MSTU'S LEVYING A MILLAGE.
17 TOTAL PRIOR YEAR PROCEEDS: (9) + (16)
18 THE CURRENT YEAR AGGREGATE ROLLED BACK RATE: (17) / (6)
19 CURRENT YEAR AGGREGATE ROLLED BACK TAXES: (4) x (18)
20 TOTAL OF ALL NON -VOTED AD VALOREM TAXES PROPOSED TO BE LEVIED
BY THE TAXING AUTHORITY (11) x (4)
21 CURRENT YEAR PROPOSED AGGREGATE MILLAGE RATE: (20) / (4)
22 CURRENT YEAR PORPOSED RATE AS A PERCENT CHANGE OF ROLLED
BACK RATE: [(21 / 18)-1.00] x 100
PROPOSED MILLAGE
POLICE
1.0-0-0-01
LIBRARY
0,0500
FIRE
0.5000'
BEAUTIFICATION
0.4504
IR OR YEAR LIMR LA
1.6739
POLICE
1 0.6850
LIBRARY
0.0385
FIRE
1 0.5000
BEAUTIFICATION1
0.4504
374,005,400
29,484,521
403,489,921
6,387,683
397,102,238
385,136,672
1.6739
PERS1,000
1,000
$ 644,680,275
1.6235
PER $1,000
2.0004--
PER $1,000
N/A
N/A
-
PER 11,000
-
PER 11,000
$ 644,680,275
1.6235 PER 01,000
$ 655,050,434
$ , 807,141;238'
2.0004 PER $ ,000''
23.22%
N T
0)
T
00 m co0
M er
Z
O
Q
a
2
O
LU
U
v
W
W
W
(1)a
O
CL
LU
W
O
M
a
Q
J
a.
z
z_
~~
~
W
a
N
W
O
a
m
O
O
W
LL
O
W
W
°°
W
J
J
Q
>
W
J
J
m
g
m
a
OQ:
~
U)
N
O
OW
O
M
m
0
W
Lu m
m
O
}
I
W
cr-
a
0
M
LU
v
O
(%j
C
L j
N
r
ago
t -T
°°
OQ:
T
wa.m
a
Lu
T
M
W
�
T
co
d�
O
QZ
M
co
O
V
W
T
Z
�
4e#.
49.
43
LU
CD
LO
04
W
O
le
r--
M
.-. Re
o-.. r-
.� T-
O
CD
O
M
O
O
cN
T
o
WN
O
moo
T
a
L
o
o
a.
40
40
`
Y
O
co
O
N
C
Q
�
M
r
c
ti
m
leN
'�
T
ti
O
T
J
co
co
O
o�
co
co
co
T
to
N
co
Oo
1O
co
Z_M
OF
W
O
N
O
r
_�
O
T
_M
O
co
O
�
cOo
CD
O
�
U
Z
Q
W
Q
U
Q
a
w
V
0
J
Q
a
m
L
m