HomeMy WebLinkAboutAgenda Packet 11-16-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
CITY OF 111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
November 16,1999
7:00 P.M.
AGENDA
Call to Order:
Piedge of Allegiance:
Roll Call:
CONSIDERATIONS:
1. Motion to Approve: The City Council Regular Meeting Minutes for October 19, 1999 and
Regular Meeting Minutes for November 4, 1999 certifying the
November 2, 1 999 eIection results.
2. Cornmendation Presentation to Council Member Tony Hernandez
OATH OF OFFICE:
Council Member Buzz Petsos
Council Member Larry Weber
NEW BUSINESS:
RESOLUTIONS:
3. Motion to Adopt: Resolution No. 99-40 , A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM
4. Motion to Adopt. Resolution No. 99-41; Appointing an Alternate Member to the
Beautification Board. (Mary Jo Laws)
5. Motion to Adopt: Resolution No. 99-42; Appointing Jacqueline Coates as a Regular
Member to the Business and Cultural Development Board.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/
City Council Regular Meeting Agenda
November 16, 1999
ORDINANCES - FIRST READING:
6. Motion to Approve: Ordinance No. 13-99, Comprehensive Land Use Policy Change,
Siting and Collocation of Public Schools with other public facilities
in the City.
7. Motion to Approve: Ordinance No. 15-99, Amending the Official Zoning Map as
Described in Section 110-246, Official Zoning Map, by Changing
the Classification of Certain Property from M-1 (Light Industrial
District) to C-2 (Commercial/Manufacturing District)
ORDINANCE - SECOND READING:
8. Motion to Adopt: Ordinance No. 14-99, Amending Section 110-551(b)(2)c, Location of
Recreational Vehicles, Camping Equipment, Boats and Boat Trailers
CONSIDERATIONS:
9. Motion to Approve: Cooperative Purchase of twelve (12) Self -Contained Breathing
Apparatus in the amount of $51,636
10. Motion to Approve: 1999/2000 Law Enforcement Contract
11. Motion to Approve: Employee Christmas Bonuses
12. Motion to Approve: Hurricane Floyd Expenditures
13. Motion to Approve: Request for Building Permit Extension, Permit #98-00186,
Kelseys, 8699 Astronaut Boulevard
14. Motion to Approve: Outdoor Entertainment Permit for 4th Annual Reindeer Run/Walk
for United Way of Brevard County
15. Motion to Approve: Proposal from Brevard County to construct the east -west section
of Tower Boulevard in the amount of $81,387
16. Motion to Approve: West Central Boulevard — Baffle Box Project
17. Motion to Approve: Proposal for Contract Administration and Inspection Services for
Reclaimed Water Phase III — (#1)
18. Motion to Approve: Reclaimed Water Phase III — (#2) Design Proposal from SSA in
the amount of $18,500, funds budgeted in the 1999-2000
Enterprise Fund.
City Council Regular Meeting Agenda
November 16, 1999
19. Motion to Approve: P2000 Grant Agreement, Cherie Down Park North
REPORTS:
20.City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear cn 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, Florida Statutes, the City hereby advises the public that: If a person decides
to appeal any decision made by the City Council with res?c-?ct to any matter considered at this meeting, that
person will need a record of the proceedings, and for such rur pose that person may need to ensure that a
verbatim record of the proceedings is made, which record incudes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for the introduction or
admission into evidence of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
October 19, 1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Richard Treverton
Tony Hernandez
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
Building Official, Dennis Franklin
Morris Reid, Building Inspector
PROCLAMATIONS:
Florida City Government Week
Mayor Randels read the proclamation and explained that this week is designated to
inform students and residents of the municipal government process.
PRESENTATIONS:
Pat Vann, principal at Cocoa Beach High School reported that the 1999 senior
class designed their new school sign. One of their proudest accomplishments is a
technology lab for grades seven through twelve. They learn to use software
applications, such as PowerPoint, cad, and other programs in a problem -solving
setting. The home economics department has been renovated to a modern setting.
They also have portable sitting because the population has increased. The football
field has been renovated and new lighting installed making the field safer. Other
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 2
improvements are: a new roof; acrocrete resurfacing of the building exterior; all new
ceilings and lights were installed. The International Baccalaureate program will have a
graduating class of 24. The cafeteria was renovated with a surfing motif. They have an
accountability plan of testing and based on the compilation they won the County
number one school, including cafeteria, janitorial and honors classes. The school is
hoping for a new science wing and renovating current science labs into classrooms
with continued growth throughout. Ms. Vann thanked Council for their continued
support.
Ms. Jackie Coates stated that the program providing for BCC attendance
simultaneously while finishing high school is impressive. Ms. Vann explained that
students have to place at a certain level on the placement tests and maintain a certain
GPA to be able to participate in the dual enrollment.
Susan Stills, Assistant City Clerk, CMC — Commendation for receiving
International Municipal Clerk Certification.
Mayor Randels recognized Ms. Susan Stills, Assistant City Clerk for receiving her
CMC designation. Most people do not realize the effort and dedication required
to attain certification as a municipal clerk. It requires a minimum of four years to
acquire the educational and experience credentials necessary to be considered
for certification.
City Manager, Bennett Boucher presented Ann Thurm an award of
commendation for 16 years service on the Board of Adjustment and her
continuing endeavors on behalf of the City.
City Manager, Bennett Boucher presented Departmental commendations for
Hurricane Emergency. Mr. Boucher commended all departments' staff for their
efforts and presented plaques as a reminder of the City's appreciation.
Jean Simoes explained how the beautification award winners are selected. She
presented each as follows:
Fall Beautification Awards
Residential Multi -Family Commercial
James P. Phinehart Costa Del Sol Funtasia Fun Center
252 E. Central Blvd. Banana River Blvd. 6355 N. Atlantic Ave.
Hilda Antonas, Grounds Chair
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 3
INTERVIEWS:
Jean Grimes and Mary Jo Laws, Alternate Member Candidates to the Beautification
Board. (Two vacancies)
Mr. Bennett interviewed Ms. Mary Jo Laws. She has been a resident over 18 years,
husband on the Board of Adjustment, done volunteer work and is a registered voter.
Council commended her for past efforts and desire to serve on the Beautification
Board. A resolution will be prepared at the next meeting.
Ms. Grimes will be considered when she is able to attend for an interview.
CONSIDERATIONS:
A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to
approve the City Council Regular Meeting Minutes for October 5, 1999.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
2. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to reschedule
the November 2 City Council Meeting to November 4 for the purpose of certifying
the election results only.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
3. (Tape 1, 2045) Law Enforcement Contract
Mr. Hernandez requested that paragraph 10, should mandate that the Sheriff's
Department collect and remit investigative fees. Kohn Bennett, City Attorney
explained that all fees ...b) provisions of 932 (that is CID) c) properties taken
(forfeitures) d) investigative fees. Mr. Hernandez expressed concern that the
contract does not state how the fees are collected, etc. Mr. Bennett responded
that the contract does state that it is collected and remitted. Major McGee stated
that the report and accounting would be accomplished in the quarterly report. It
is tracked, but does not necessarily mean the money is collected. It may take
five years to collect. Mr. Hernandez opined that the City should be collecting at
least $20,000 annually strictly from DUI investigative fees, and that we should
be more committed to collecting those funds. He requested that an accounting
of the affidavits issued and outstanding uncollected fees be required in a regular
report.
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 4
Council concurred to include in the last paragraph 10(d) Keep ... upon
prosecution, that the Sheriff should apply for all investigative fees and provide a
quarterly report of all outstanding cases.
Mr. Leo Nicholas queried if the $1.3 million contract includes capital items? Mr.
Boucher responded that, yes it does.
Mr. Bruns queried Major McGee why the news article quoting him stated that
Cape Canaveral is in particular need of video cameras, more than most of the
rest of the County. Major McGee responded that the City has more DUI arrests
than any other area. He explained that the casino ships are the primary source
of DUI's in our area. We were able to get over $70k in grant funding because of
the source. Mr. Petsos asked if this contract is in line with the Port's contract for
service? Major McGee responded that yes, it is.
Mayor Randels queried on page 3, personnel —And, there shall be an additional
deputy for nights... and one additional deputy to be assigned by the sheriff and
city manager. Kohn, the attachment demonstrates the personnel list. It lists how
many, but does not specify the number of people on the street at all times. The
contract should stipulate the number of minimum staff on duty at all times.
Mr. Bruns stated that another point should be made as brought about by Mr.
Treverton last meeting. We need to make sure it is specified what is being
provided and what is not being provided. Consensus was to see a breakdown of
where personnel will be used. Mayor Randels stated that — in 1997 we had 17
and now have only 20, including secretaries. He opined that the City needs to
know the total level of service. Mayor relating that we have the same number of
personnel as in 1996, but we added 2 positions. Lieutenant and Major positions
are just half now. Major stated that the SID position was eliminated and then
reallocated with the Port. A spreadsheet will be prepared to demonstrate the
personnel movement since 1995.
Mr. Hernandez made a motion to table the Law Enforcement Contract and
seconded by Mayor Pro Tem Petsos. Passed 5-0.
Tape 2, 70 — Introduced Morris Reid, Building Inspector
Mr. Treverton left at this time. 8:30 p.m.
4. (Tape 2, 195) City Manager's Performance Evaluation
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to
increase the City Manager's salary four -percent for based on his performance
and last year's lump sum. Mr. Boucher expressed his appreciation of the
feedback Council gives weekly and the formal year-end.
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 5
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
5. (Tape 1, 1567) Sharon Camp, County Address Assignment Coordinator was
present to explain the agreement. The agreement was designed with the option
for each municipality to collect their own fees or the county would collect when
developers are paying impact fees. City Attorney, Kohn Bennett stated that "to
the extent provided by law", should be inserted on page 3. A motion was made
by Mr. Hernandez and seconded Mayor Pro Tem Petsos by to approve the 911
Interlocal Agreement with Brevard County with the statement, "to the extent
provided by law" inserted.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
6. (Tape 2, 555) A motion was made by Mr. Bruns and seconded by Hernandez to
approve the Extension of Landscaping Contract with Nick's Lawn Service,
Inc.
Mr. Gardulski explained that Council requested previously to extend the contract
to coincide with Lawns by Scott to re -bid landscaping services all -inclusively.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
ORDINANCE — FIRST READING:
7. (Tape 2, 687) Mayor Randels read Ordinance No. 14-99 for second reading;
Parking
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-551, LOCATION
OF RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT
TRAILERS, BY PROVIDING PARKING IN MULIT-FAMILY DISTRICTS OF BOATS,
UTILITY TRAILERS, RECREATIONAL VEHICLES OR SPECIAL PURPOSE
VEHICLES IN SPECIAL PARKING FACILITIES, IF ALLOWED; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to
approve Ordinance No. 14-99 for second reading.
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 6
Mayor Randels stated that the current ordinance requires 10 -percent of
the parking areas for recreational vehicles. This now states that
condominiums do not have to provide them. Leo: it's because the
condominium documents prohibit the recreational vehicles, if they
change the documents to allow them, it will require the spaces. The
intent is to allow for green space if recreational vehicles are prohibited.
Tony related that he has no problem with condos allowing open
parking.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
RESOLUTION:
8. Mayor Randels read Resolution No. 99-38 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING TWO MEMBERS TO THE BEAUTIFICATION BOARD
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve
Resolution No. 99-38 inserting the names Nancy (Kacee) Corbin and Martha
Seymour.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
REPORTS:
9. City Manager — Bennett Boucher
o Distributed his Kloten itinerary
o Commended staff for their Hurricane Irene response
Audience
o Kacee Corbin — Thanked Council for the Board Member City Shirts
City Clerk — Sandra Sims
• Ms. Sims reminded Council that the Candidates Forum would be held at
the Library on Wednesday at 7 p.m.
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 7
City Attorney — Kohn Bennett
• No report.
City Council Member — Burt Bruns
• There were a lot of complaints on yard waste after hurricane Floyd, but
USA Waste is doing a good job.
• What is the status of the Collier County report? Mr. Boucher responded
that he has received the draft report and is currently reviewing the
document. To be placed on the November 16 agenda.
• SSA report on next agenda for stormwater report
City Council Member — Tony Hernandez
• Very pleased to have read an editorial on the gas tax reconsideration
because it was being questioned. He related that this was a prime
example of our City is taking a leadership role in taking a legislative
stance.
• There is still need for a row of trees on the west side of Rosalind.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos queried when reclaimed water installations would restart? Mr.
Gardulski responded that he is meeting tomorrow with SSA; received PO
and notice of award. Going to get it moving. Maybe do a change order to
proceed with Jefferson due to sign ups.
• Make a Difference Day Saturday to plant mangroves at Manatee Park.
• Thanked Commissioner Al Cleveland for his attendance tonight
Mayor — Rocky Randels
• Two new SJRWMD grants to be pursued
• Mayor Randels queried about the status of paving Tower Boulevard. Mr,
Gardulski responded that he has received memo regarding price with
county. However, he would like to obtain a quote from the contractor
working at the port before determining. The issue will be on the
November 16 agenda with either county proposal or piggyback with port
contract unless determined to let for bid.
• Mayor Randels distributed a brochure for electric vehicles that could be
used for some public works activities. Cape Canaveral marine is the
distributor.
Cape Canaveral City Council
Regular Meeting Minutes
October 19, 1999
Page 8
There being no further business, the meeting adjourned at 9:10pm.
Rocky Randels, MAYOR
Sandra Sims, CITY CLERK
Call to Order:
Pledge of Allegiance:
Roll Call:
New Business:
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
November 4, 1999
5:00 P.M.
MINUTES
Council Members Present
Richard Treverton
Council Members Absent
Tony Hernandez
Burt Bruns
Mayor Pro Tem Buzz Petsos (arrived at 5:07 pm)
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
1. A motion was made by Mr. Treverton and seconded by Mr. Bruns to adopt Resolution
No. 99-39, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION
OF NOVEMBER 2,1999; PROVIDING FOR AN EFFECTIVE DATE.
The motion passed 3-0 with voting as follows: Mr. Treverton, For; Mr. Bruns, For; and
Mayor Randels, For.
Mayor Pro Tem Petsos arrived at this time.
Mr. Bruns congratulated the Council Members -Elect and expressed high expectation for
the City's future.
There being no further business, the meeting adjourned at 5:10 p.m.
\\cape-nt\cityclerk\cityclk\minutes\regular\ 1999\11-04-99. doc
City Council Regular Meeting Minutes
November 4, 1999
Page 2
Rocky Randels, MAYOR
Sandra Sims, CITY CLERK
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Resolutions
Summary Explanation & Background:
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-40, ELECTING A MAYOR PRO TEM
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Pursuant to our city charter, the City Council must elect a council member to serve as the mayor pro tem.
Summary Explanation & Background:
N/A
Exhibits Attached:
Resolution No. 99-40/Charter Article V, Section 4
City Manager's Office
[Bennett Boucher ]
Department LEGISLATIVE
g:/admin/council/meeting/1999/11-16-99-40.doc
RESOLUTION NO. 99-40
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral,
Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. is hereby elected as Mayor Pro Tem of the City of
Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the
duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to
serve in such capacity until the next annual election.
SECTION 2. This Resolution shall become effective immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th
day of November, 1999.
ATTEST:
Sandra 0. Sims, CITY CLERK
Rocky Randels, MAYOR
Name Yes No
Larry Weber
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
\\cape-nt\cityclerk\cityclk\resolutions\1999 mayor pro tem appointment.doc
CHARTER
Art. VI & 1
ARTICLE IV. THE MAYOR, POWERS AND
DUTIES
Sec. 1. Duties of the mayor.
The Mayor of the City shall see that all ordi-
nances are faithfully executed and shall be the
titular head of the City government. The mayor
shall be the official representative of the City at
all state functions or other functions requiring an
official representative of the City. The Mayor shall
not have the power to veto any ordinance or res-
olution passed by the City Council. The Mayor
shall vote on issues coming before the Council as
if he or she were a councilmember. During the
absence or disability of the Mayor, his or her du-
ties shall be performed by the Mayor Pro Tem.
(Amended by election, 6-2-70; Ord. No. 38-93, § 5,
10-19-93)
Sec. 2. Additional duties.
The Mayor shall also recommend and propose
such legislation and other matters of a similar
nature to the City Council which he [or she] deems
expedient and proper. The Mayor shall preside at
meetings of the City Council.
Sec. 3. Election of mayor.
The office of Mayor shall be elected commencing
with the general city election in 1971, and the can-
didate receiving the highest number of votes shall
serve for a period of two (2) years; commencing
with the general city election in 1973, the Mayor
shall be elected for a term of three (3) years and
thereafter the Mayor elected shall serve a three (3)
year term or until his or her successor shall be
elected and qualified.
(Added by election, 6-2-70; Ord. No. 38-93, § 6,
10-19-93)
ARTICLE V. THE CITY COUNCIL,
ORGANIZATION AND POWERS
Sec. 1. Meetings.
The City Council shall meet at such time and
place as may be prescribed by ordinance or reso-
lution. The Council shall hold a minimum of two
meetings per month. Special meetings may be held
on an affirmative vote of a majority of the City
Councilmembers. All meetings of the City Council
for the transaction of official business shall be
open to the public.
(Ord. No. 38-93, § 7, 10-19-93)
State law reference—Open meetings requirement, F.S. &
286.011.
Sec. 2. Rules of procedure.
The City Council may enact its own rules of
procedure, may prescribe penalties for the nonat-
tendance and misconduct of its members and en-
force the same, may compel the attendance of
members and, on a four-fifths vote, may Expel a
member for misconduct in office or neglect of duty.
Misconduct shall include the acceptance of gifts,
gratuities or service intended to influence a mem-
ber's consideration, vote or action upon any offi-
cial business of the city.
(Amended by election, 6-2-70)
Sec. 3. Quorum.
A majority of all members of the City Council
shall constitute a quorum to transact business.
Sec. 4. Election of mayor and mayor pro tem.
The City Council shall annually elect from its
membership a Mayor and a Mayor Pro Tem Com-
mencing with the general city election in 1971, the
City Council shall annually elect from its mem-
bership a mayor pro tem, who shall act as the
Mayor in the Mayor's absence.
(Amended by election, 6-2-70)
ARTICLE VI. CITY MANAGER
Sec. 1. Appointment.
If the City Council shall, by ordinance, appoint
a City Manager, he shall be the adminisitrative
head of the government and shall be responsible
for the effective administration of all departments
of the City. He shall be chosen on the basis of his
executive and administrative qualificatioins. He
may or may not be a resident of the City or of the
State of Florida. He shall hold office at the will of
the Council, and shall receive such salary as may
be fixed by the Council. The duties of City Man-
CHT:9
ve
of his
Ls. He
of the
All of
s may
Man-
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Resolutions
Beautification Board.
Item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-41, APPOINTING AN ALTERNATE MEMBER TO THE
BEAUTFICATION BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the appointment of Mrs. Mary Jo Laws as an alternate member of the
Beautification Board.
Summary Explanation & Background:
See attached resolution.
Please advise.
Exhibits Attached:
Resolution No. 99-41
City Manager's Office
[ Bennett Boucher ]
Department LEGISLATIVE
g:/admin/council/meeting/1999/11-16-99/99-41.doc
RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO
THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 11-68 created a Board known as the Beautification Board of the City of Cape Canaveral,
Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint an Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. is hereby appointed as an Alternate Member of the
Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on November 1,
2001.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day
November, 1999.
ATTEST:
Rocky Randels, MAYOR
Name Yes No
Larry Weber
Sandra 0. Sims, CITY CLERK
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Appointments\Beautification. doc
PLEASE COMPLETE BOTH SIDES OF APPLICA
CITY OF CAPE CANAVERAL, FLORIDA
M APPLICATION TO SERVE ON CITY BOARD
Applicant Name: Mary Jo Laws Home Telephone: 783-9548
Home Address: 232 Circle Drive
Business: LCSI @ KSC Business Telephone: 867-9641
Office Address:
Brief Description of Education and Experience: HIGH SCHOOL- 2 YRS @
DEGREE A.S. QUALITY ASSURANCE (B.C.C)
Are you a registered voter? X- Yes No
Have you been a resident of the City for 12 months or longer? X- Yes No
Do you currently hold a public office? Yes No -X
Are you presently employed by the City? Yes No -X
At the present time, do you serve on a City Board? Yes No - X
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, d
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, me
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, step
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
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes-X No
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd. etc.)
1st- Beautification Board
Board of Adjustment*
Business and Cultural Development Board
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment & Appeals*
Library Board
Planning and Zoning Board*
Recreation Board
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year
following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
ENJOY LIVING IN CAPE CAN. FOR 18 YRS.
ALSO WORKED WITH THE VOLUNTEERS.
WOULD LIKE TO GIVE BACK TO MY CITY!
Would you consider serving on another City Board other than the one(s) you have selected on the front of this form?
Yes No V-X
Applicant's signature: [ Mary Jo Laws ]
Date: 10-6-99
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval followin a brief
interview before the City Council at a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3 If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Resolutions
and Cultural Development Board.
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-42, APPOINTING A REGULAR MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the appointment of Mrs. Jacqueline Coates as a regular member of the Business
and Cultural Development Board.
Summary Explanation & Background:
See attached resolution.
Please advise.
Exhibits Attached:
Resolution No. 99-42
City Manager's Office
Department LEGISLATIVE
g:/admin/meeting/1999/11-16-99/99-42.doc
RESOLUTION NO. 99-42
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 17-75 created a Board known as the Commercial Development Board of the City of Cape
Canaveral, Florida and renamed by Ordinance No. 10-99 to the Business and Cultural
Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint one (1) regular member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Jacqueline Coates is hereby appointed as a regular member of the Business
& Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on
June 1, 2001.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of
November, 1999.
ATTEST:
Sandra 0. Sims, CITY CLERK
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
Name Yes No
Larry Weber
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
Approved as to Form:
//Cape-nt/cityclerk\CityClk\Resolutions\BOARDS\Appointments\Business & Cultural Development regular
member.doc
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 13-99, COMPREHENSIVE PLAN AMENDMENTS PROVIDING THE
SITING AND COLLOCATION OF SCHOOLS WITH PUBLIC FACILITIES
DEPT./DIVISION: P&Z/GRANTS MANAGEMENT
Requested Action:
That the City Council consider approval of Ordinance No. 13-99, amending the comprehensive plan that adds
policies for the siting and collocation of schools with public facilities.
Summary Explanation & Background:
The State of Florida, Department of Community Affairs, is requiring the city pursuant to state law to add
policies to our comprehensive plan that provide for the siting and collection of schools with public facilities
I recommend approval.
Exhibits Attached:
Ordinance No. 13-99; DCA letter of 07/06/99
City Manager's Office
Department P&Z/GROWTH MGMT
g:/admin/council/meeting/1999/11-16-99/13-99.doc
ORDINANCE NO. 13-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING,
SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN
AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION
163.3177(6)(a), WHICH SHALL AMEND THE COMPREHENSIVE FUTURE
LAND USE ELEMENT TO PROVIDE THE ENCOURAGEMENT OF SITING
AND COLLOCATION OF PUBLIC SCHOOLS WITH OTHER PUBLIC
FACILITIES IN THE CITY; PROVIDING FOR AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3161, et. seq., Florida Statutes, established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the
state to prepare and adopt a Comprehensive Plan as scheduled by the Department of
Community Affairs; and
WHEREAS, in January, 1999, the City of Cape Canaveral, Florida, adopted the
1999 City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the "1999
Plan"); and
WHEREAS, Florida Statutes Section 163.3177(6)(a) provides that public schools
must be an allowable use within the land use categories, and all comprehensive plans
must allow public schools to be an allowable use and shall encourage the siting and
collocation of public schools with other public facilities as permitted land uses; and
WHEREAS, pursuant to Section 163.3177(6)(a), an amendment to the
City of Cape Canaveral
Ordinance No. 13-99
Page 2
Comprehensive Plan, pursuant to this Section, shall be exempt from the limitation on
amendments as provided in Florida Statutes Section 163.3187; and
WHEREAS, on , 1999, the Local Planning Agency in
accordance with its procedures held a duly noticed public hearing on the proposed
amendment and considered findings and advice of staff, citizens, and all interested parties
submitting comments and recommended to the City Council that the 1999 Plan be
amended and that the amendment shall be submitted to the Department of Community
Affairs; and
WHEREAS, on , 1999 and 1999,
the Cape Canaveral City Council held duly noticed public hearings on the attached
Comprehensive Plan amendment and considered the findings, advice and
recommendations of the Local Planning Agency, staff, and all interested parties submitting
written or oral comments and upon thorough and complete consideration and deliberation,
approved for adoption of the attached Comprehensive Plan amendment; and
WHEREAS, the amendment adopted by this Ordinance complies with the
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
City of Cape Canaveral
Ordinance No. 13-99
Page 3
SECTION 1. RECITALS. The foregoing recitals are true and correct and are
incorporated herein by reference.
SECTION 2. AUTHORITY. This Ordinance is adopted in compliance with and
pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, Sections 163.3184 and 163.3187.
SECTION 3. PURPOSE AND INTENT. It is hereby declared to be the purpose and
intent of this Ordinance to clarify, expand, correct, update, modify, or otherwise further the
provisions of the 1999 Plan.
SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant
to the Plan amendment to the 1999 Comprehensive Plan, the City hereby adopts a new
land use element objective LU -3, as follows:
Policy LU -3.4: Appropriate locations for public schools should be based
upon the following criteria:
A. Public Schools should be considered for locations within the following
land use designations: R-2, R-3 and C-1 categories.
B. Public vocational schools and colleges should only be considered in
M-1 categories.
C. School facilities should be centrally located to serve residential areas
and be of sufficient size to accommodate the projected enrollment.
Convenient pedestrian access is desirable. Locations on major
roadways, in commercial and industrial areas should be avoided to
minimize the hazards of vehicular traffic and to limit disturbances from
noise, odors and fumes.
City of Cape Canaveral
Ordinance No. 13-99
Page 4
D. The City shall encourage siting and collocation of public schools with
other public facilities as permitted land uses. To the maximum extent
possible, new public facilities shall be located, designed and
constructed on or adjacent to library, community center, park and/or
recreation center.
SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the
effective date of this Ordinance, the Plan amendment shall amend the 1999 Plan and
become part of that Plan, and the Plan amendment shall retain the legal status of the 1999
Cape Canaveral Comprehensive Plan established pursuant to the Code of Laws and
Ordinances of the City of Cape Canaveral, Florida, as amended.
SECTION 6. TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS.
The City Manager is hereby designated to sign a letter transmitting this amendment to the
Department of Community Affairs in accordance with Chapter 163, Florida Statutes, and
Section 9J-11.015, Florida Administrative Code.
SECTION 7. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 8. 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,
and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
City of Cape Canaveral
Ordinance No. 13-99
Page 5
SECTION 9. The effective date of this Plan amendment shall be thirty-one (31)
days after adoption unless the amendment is challenged pursuant to Florida Statutes
Section 163.3187(3). If challenged, the effective date of this amendment shall be the date
a final order is issued by the Department of Community Affairs or the Administration
Commission finding the amendment in compliance with Florida Statutes. A certified copy
of this Ordinance shall be filed with the Office of the Secretary of State, State of Florida,
within ten (10) days of enactment.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra 0. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
City of Cape Canaveral
MEMORANDUM
Date: August 30, 1999
To: Sandra. Sims, CMC, City Clerk
From: Dennis E. Franklin, CBO, Building Official (DEF)
Re: Recommendation to City Council: Comprehensive Plan
Amendment Encouraging Collocation of Public Facilities with
Public Schools.
At the Planning & Zoning Board meeting held on October 13,1999, the Board
reviewed the above referenced request and verified that this item was duly
advertised. By unanimous vote, the Board members recommended approval to
the City Council. Please schedule this item on an upcoming City Council
meeting agenda.
/slc
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
JEB BUSH STEVEN M. SEIBERT
Govemor Secretary
July 6, 1999
Bennett Boucher, City Manager
Planning and Zoning
City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, Florida 32920-0326
Dear Mr. Boucher:
Thank you for your letter regarding the new school siting provisions which should be
included in local government comprehensive plans by October 1, 1999, as required by Section
163.3177(6)(a), Florida Statutes (F.S.). After a review of your letter and the attachments, as well
as the current revised plan adopted in January of 1999, the Department has determined that the
Comprehensive Plan meets the new statutory requirements, except for provisions related to
collocating schools with other public facilities.
The City will need to add at least one new policy to the Plan which encourages the collocation of
public facilities, such as parks, libraries, and community centers, with schools to the extent possible.
Enclosed for your consideration is a sample of a collocation policy that the Department believes would be
sufficient to meet the collocation requirement. The sample is provided for informational purposes only and
the City may want to assess the language to determine if it is appropriate for your particular municipality.
This change must be in effect by October 1, 1999 or no further amendments to the Plan may be adopted.
One option would be to submit policies addressing collocation and request that the Department not review
the proposed amendments. If the policies are sufficient, the Department will waive the ORC review and the
City can proceed to adoption of the needed changes. The Department will be available to assist you if you
should choose this alternative. School siting amendments are not subject to the twice a year limitation for
plan amendments.
In addition, the City will need to add new policies required by Section 163.3177(6)(h)2, which
compliment Section 163.3174(1) F.S., to ensure coordination between the local planning agencies and the
school boards in comprehensive planning decisions related to existing and planned public school facilities,
proposals for development, and infrastructure. This change must be added by the end of the year.
2555 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www.state.fl.us/comaff/
FLORIDA KEYS GREEN SWAMP
Area of Critical State Concern Field Office Area of Critical State Concern Field Office
2796 Overseas Highway Suite 212 205 East Main Street. Suite 104
Mr. Bennett Boucher, City Manager
July 6, 1999
Page 2
If you have any questions, please contact Susan Poplin, AICP, Planning Manager, or
James D. Stansbury, Community Program Administrator in the Bureau of Local Planning at
(850) 487-4545.
FAX 850-922-9881
Sincerely yours,
Charles Gauthier , AICP
Chief, Bureau of Local Planning
CG/sp
Enclosure
cc: Mr. Steven E. Bapp, Planning & Zoning Technician
Ms. Sandra Glenn, Executive Director, East Central
Florida Regional Planning Council
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Ordinances - 1st Reading
item
No.
7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 15-99, AMENDING THE OFFICIAL ZONING MAP
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider this request to rezone 1.15 acres from M -1 light industrial to C-2
commercial/manufacturing .
Summary Explanation & Background:
The P&Z Board at their 11-10-99 meeting recommended approval of this small scale rezoning request.
See attached documentation; this is consistent with our comprehensive plan, future land use map.
Exhibits Attached:
Ordinance No. 15-99/ Rezoning application
City Manager's Office
[ Bennett Boucher ]
Department P&Z/GROWTH MGMT
g/admin/council/meeting/1999/11-16-99/15-99.doc
ORDINANCE NO. 15-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP AS DESCRIBED IN SECTION
110-246, CODE OF ORDINANCES BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM THE
CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C-2
(COMMERCIAL/MANUFACTURING) AS DESCRIBED IN
EXHIBIT "A"; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral, Florida,
sitting in its dual capacity as the Planning and Zoning Board and as the Local Planning Agency
has held public hearings on changes to the zoning classification on the property indicated below;
and
WHEREAS, The Planning and Zoning Board has issued a written report regarding its
recommendation to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on the petition
requesting changes indicated below and, after full discussion, the Council having found that the
best interest for the City of Cape Canaveral and its citizens would be served by granting the
petition to change the zoning classification; and
WHEREAS, the City Council, based on the reasons and findings stated in the analysis
and recommendation of the staff, has found that the proposed zoning amendment is consistent
with the provisions of the City of Cape Canaveral Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as
described in Section 110-246, Code of Ordinances, is hereby amended to include a change of
classification from M-1 (Light Industrial District) to C-2 (Commercial/Manufacturing District)
for the property legally described as:
See Exhibit "A" Attached Hereto
SECTION 2. This ordinance repeals all prior ordinances and resolutions in conflict
herewith.
City of Cape Canaveral
Ordinance No. 15-99
Page 2
SECTION 3. This Ordinance shall become effective after the amendment has been duly
recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Name Yes No
Larry Weber
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
LPA Hearing:
Posted:
Published:
1 st Reading:
Published:
2nd Reading
11-10-99
11-02-99
11-06-99
11-16-99
11-28-99
12-07-99
//cape-nt/cityclk/ordinances/zoning/ml toc2.doc
City of Cape Canaveral
Ordinance No. 15-99
Page 3
Exhibit "A"
All that certain land situated in Brevard County, Florida, viz:
A portion of Section 23, Township 24 South, Range 37 East, the City of Cape Canaveral Brevard
County, Florida more particularly described as follows:
Commence at the southwest corner of said Section 23; thence N O1
\\cape-nt\cityclerk\cityclk\ordinances\zoning\mltoc2. doc
PARCEL 2
SURVEYORS DESCRIPTION
A portion of Section 23, Township 24 South, Range 37 East, the City of Cape
Canaveral, Brevard County, Florida more particularly described as follows:
Commence at the southwest corner of said. Section 23; thence N 01 o05'19" E, along
the west line of said Section 23, for a distance of 1837.48 feet to an Intersection with
the westerly extension of the north line of Center Street, a 50.00 foot -of- way, as
shown on the Plat of Survey for Loma Linda University as recorded in Survey Book 1 at
page 106 of the public records of Brevard County, Florida; thence S 88o52'58" E, along
said north line, for a distance of 40.13 feet to a found 3/4" -Inch iron pipe on the east
line of an unnamed 80.00 foot north—south right-of-way as shown on said Plat o
Survey and as dedicated in Official Records Book 888 at page 48 of the public records
of Brevard County, Florida being the point of beginning; thence
N 01°04'46" E, along said east line, for a distance of 281.47 feet to a set 5/8 -inch iron
rod with cap Deithorn PLS 2412); thence S 88048'19" E, for a distance of 177.62 feet to
a set PK nail and disk (Deithorn PLS 24 12'); thence S 00o57'20" W, along a line
parallel with the west line of State Road A -1-A;, for.a distance of 281.23 feet to a set PK
nail and disk. (Deithorn PLS 2412) being a: point on the north line of said Center
Street; thence N 88o52'58" W, along said north line, for a distance of 178.22 feet
to the point of beginning.
\\CAPE-NT\cityderk\CityClk\Ordinances\ZONING\Legal Description M-1 to C-2.doc
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
DATE FILED 10-25-99 FEE PAID $250.00 DEPOSIT $500.- Legal ad
RECEIVED BY SRC $250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST
_ SPECIAL EXCEPTION VARIANCE _X_ REZONING APPEAL CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET #1 OF TOWER APPLICATION)
----------------------------------------_—-------------------
DESCRIPTION OF REQUEST
(Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
Change from M-1 to C-2 per Council action on
Address of request 190 Center Street
Legal Desc.LOT BLK. SUB. _Sect 23 _TWP.24 so Range 37 east
STATEMENT OF FACT: State of Florida, County of Brevard;
I, J.J. Morris , being duly sworn, depose and say that:
I am the owner.
X I am the owner's designated agent.(Attach notarized letter of authorization)
Owner's Name Canaveral Industries Inc.
Address 190 Center Street City Cape Canaveral State FL Zip 32920
Home Phone #407-868-2580 Work Phone #407-783-8474 Other
(If other than owner)
Applicant's Name John J Morris
Address 55 Westview Lane City Cocoa Beach State FL Zip 32931
Home Phone #407-868-2580 Work Phone #407-788-8474 Other
All information, sketches and data contained and made part of this request, are honest and true to the best
of my knowledge and belief.
Sworn to and subscribed before me
this 9th day of SEPTEMBER, 1999
[ Beatrix F. Stone ]
Notary Public, State of Florida
Beatrix F. Stone [ John J Morris ]
* *My Commission CC358983 Signature of Applicant
Expires July 20, 2001
-------------------
The completed request form and the 5250.00 filing fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
--- ------- — -------------- — --- — ----------
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No.
Notice posted on Bulletin Board on
Notice posted on subject property on
on
Prop. owners within 500 ft. notified on
Ck # 1586
BUILDING & PUBLIC SAFETY DEPARTMENT
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE
REQUEST TO AMEND THE COMPREHENSIVE PLAN
This application, together with ALL REQUIRED EXHIBITS, shall be completed and filed with the zoning division prior to the
established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAY
AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERIMIT.
TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT)
Owner(s): Canaveral Industries Inc. Applicant: Same
Address: 190 Center Street Address:
City: Cape Canaveral State: FL City: State:
Zip Code: 32920 Phone: 783-8474 Zip Code: Phone:
TYPE OF REQUEST
Change to the Text of the Comprehensive Plan
Comprehensive Plan Element:
Change to an Existing Provision:
Attach proposed wording, reasons, and appropriate data and analysis to support the requested change.
X- Change to the Zoning Map
Existing Zoning Designation: M 1
Requested Zoning Designation: C 2
Attach reasons for requested change: To expand allowable uses to C-2 Action by Council
Change to the Future Land Use Map
Existing Future Land Use Designation:
Requested Future Land Use Designation:
Attach reasons for requested change.
LOCATION
Section: 23 Township: 24 South Range: 37 East
Block: Lot/Parcel: Subdivision:
Total Acreage: 1.15 Overall Dimensions: 178.22 x 281.47
7 9 X 7 8 1 47—
Location and Distance from Nearest Public Road(s): Faces Center Street Prx. 500 ft.
West of A1A
REQUIRED EXHIBITS
The complete legal description (and the tax identification number) of the property or portion thereof that the amendment is
being requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being
delayed at the owner/applicant's expense.
A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be accepter'
in lieu of a survey in certain instances.
A County Property Appraiser's map identifying the subject property and all of the owners located within 500 feet of the
boundaries of the subject property.
A list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject propem,
and keyed to the County Property Appraiser's map.
A copy of the most recent recorded Warranty Deed.
Notarized statements from all property owners listed on the Warranty Deed are rj;itTsomeone other
than themselves to act on their behalf as the applicant.
Signature of Staff member discussing proposed action with the Applicant: [John J. Morris ]
The undersigned understands that this application must be complete and accurate prior to advertising a public hearing:
STATE OF Florida COUNTY OF Brevard I, John J. Morris
being first duly sworn, depose and say that:
I am the owner of the subject property, or (if corporation. I am the Officer of the corporation authorized to act on this
request).
X- I am the legal representative of the owner of the subject property of this application. (If the property is not owned. or
owned only in part by the applicant. a notarized letter must accompany the application giving written consent by all
property owners of the subject property unless the applicant is the Attorney for the owner).
ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICATION._ALL SKETCHES AND DATA ATTACHED TO AND
MADE A PART OF THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE.
[ Beatrix F. Stone ]
(SIGNATURE)
SWORN AND SUBSCRIBED TO BEFORE ME THIS 9 TH DAY OF SEPTEMBER, 1999.
MY COMMISSION EXPIRES: July 20, 2001
Beatrix F Stone
* *My Commission CC858983
BUILDING OFFICIAL ENDORSEMENT
1. X- Zoning, Amendment
2 Variance
3. Special Exception
4 Administrative Appeal
(See Attached Statement For Code Section References)
CONSIDERATIONS
SETBACKS:
✓
MEETS CODE
COVERAGE:
-
MEETS CODE
LOT SIZE =
✓
MEETS CODE
DENSITY
✓
MEETS CODE
HEIGHT
✓
MEETS CODE
M1 - C2
Contiguous Zoning
North South East West
M-1 C-1 C-1 R-3
CODE VIOLATION (Explanation)
CODE VIOLATION (Explanation)
CODE VIOLATION (Explanation)
CODE VIOLATION (Explanation)
CODE VIOLATION (Explanation)
ADDITIONAL REFERENCES
SUBJECT . CODE SECT. APPLICABLE
PARKING 110-491 X
LOADING ZONE 110-501 X
SETBACKS (A1A-RIDGEWOOD-ASTRONAUT) N/A
LANDSCAPING NONE
NON -CONFORMITIES
STRUCTURES X
LAND X
USES X
NOTE: The Planning & Zoning Board should also review Sec. 110-47 (10)
COMMENTS:
DATE: 11-2-99
(Signature)
Building Official
CANAVERAL INDUSTRIES, INC.
Protective Coatings
192 Center Street
Cape Canaveral, FL 32920
Ph. 407.783-8474 Fax 407-784-9435
FL: (800) 282.0835
City of Cape Canaveral
Building Department
105 Polk Avenue
Cape Canaveral, Fl 32920
25 October 1999
To Whom it May Concern:
I, EDWARD L. HRADESKY , President of CANAVERAL INDUSTRIES Inc..Do
hereby give grant Mr. Jim Morris the authority to apply for a rezoning. The address of
the property is 190 Center Street, Cape Canaveral. We wish to change this location from
it's current M-1 to the newly approved C-2.
We would appreciate your speedy assistance in this approval for we have a signed
lease for a new business at this location.
Sincerely
E.L. Hradesky
President
Canaveral Industries Inc.
SWORN AND SUBSCRIBED TO ME THIS 26TH DAY OF OCTOBER 1999 BY MR. EDWARD L. HRADSKY
WHO IS PERSONALLY KNOWN TO ME.
{ Beatrix F. Stone ]
Beatrix F Stone
My Commission CC856983
Expires July 20, 2001
Cape Canaveral. FL .32920 • United States of America
DEVELOPMENT FACT SHEET
1. APPLICANT:
Narne:Canaveral Industries Inc.
Address: 190 Center Street, Cape Canaveral, florida, 32920
Telephone: 407-783-8474
PROPERTY LOCATION:
General Location or Address: West of A1A on Center Street in the City
of Cape Canaveral.
Legal Description:
(MAY BE ATTACHED TO THIS SHEET)
SIZE OF PROPERTY IN ACRES:
1.15 ACRES
2. PRESENT ZONING CLASSIFICATION: M-1
Abutting Land Zoning: North: M-1 South: M-1 East: A1A (C-1) West: M-1
Abutting Land Use: North: M-1 South: M-1 East:Road West: M-1
). NATURAL FEATURES: Level Developed Parcel
EXISTING STRUCTURES: TWO (2) CONSTRUCTION TYPE: 1 • Masonry
SIZE IN SQUARE FEET: 1. 6000 sq ft NUMBER OF STORIES: 2. Metal
2. 7600 sq ft One
SOIL: Asphalt paved over sand and clay
TOPOGRAPHY: Flat
VEGETATION: Perimeter Trees and grass front
WILDLIFE: Usual in Cape Canaveral
FLOOD HAZARD: 100 yr. FIRM ZONE: 100 %
DRAINAGE: Impervious
SITE ELEVATION: 12' +/- STRUCTURE ELEVATION: 1 • 15
2. 25'
4. ENVIRONMENTAL ISSUES:
WATER: Clear
AIR Clear
NOISE: Normal City Decibel Level
HISTORICAL/ARCHAEOLOGICAL: No New Construction
ATTACHMENT REQUIRED:
A MAP SHOWING THE PROPERTY AND ALL ADJOINING PROPERTY
WITHIN 500 FEET WITH ZONING AND USE INDICATED:
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Ordinances — 2nd Reading
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 14-99, AMENDING SECTION 110-551(b)(2)c, LOCATION OF
RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOARS AND BOAT TRAILERS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of Ordinance No. 14-99.
Summary Explanation & Background:
This amendment clarifies under the conditions mentioned in 110-551(b)(2)c how the parking of boats, utility
trailers, recreational vehicles or special purpose vehicles are regulated for multi -family developments with 1heir
associated or organizational documents and convenants.
The P&Z Board recommended approval at their 10-13-99 meeting.
Exhibits Attached:
Ordinance No. 14-99; Existing Code
City Manager's Office
{ Bennett Boucher ]
Department P&Z/GROWTH MGMT
g:/admin/council/meeting/1999/11-16-99/14-99.doc
ZONING . I 110-551
DIVISION 6. VEHICLES AND VESSELS*
Sec. 110-551. Location of recreational vehi-
cles, camping equipment, boats
and boat trailers.
(a) No person shall occupy or reside in any trav-
el trailer, camper trailer, camper (truck mounted),
motor travel home or tent in any location within
the city other than a duly licensed and approved
trailer park, except as provided in this section.
(b) (1) Definitions. For the purpose of this sec-
tion, the following definitions shall apply
unless the context clearly indicates or re-
quires a different meaning, all of which de-
fined terms may be generally referred to as
"vehicles" in this subsection (b).
Boat means any contrivance designed to be
propelled through or upon the water.
in special parking or storage facilities.
For -hire vehicle shall include recreational ve-
hicle and special purpose vehicle and have the
meaning so set forth in F.S. 320.01, as amend-
ed.
Multifamily development means the real prop-
erty and single structure in which six or more
dwelling units are located, but does not include
any combination of townhouses.
Recreational vehicle means any vehicle or por-
table structure designed primarily to provide
temporary living quarters for recreation, camp-
ing, travel or similar use; either mounted on
wheels or designed to be mounted upon and car-
ried by another vehicle. This definition is in-
tended to include a travel vehicle, motor home,
camping trailer, camp bus, house bus and truck
camper unit of walk-in capacity.
Special purpose vehicle means a vehicle espe-
cially designed primarily for unusual terrain and
conditions, and not usually licensed for or used
on the public roads, including, but not limited
to, swamp buggies and tracked vehicles.
Utility trailer means a trailer designed to
transport materials, goods, equipment or boats.
*Cross references --Traffic and vehicles, ch. 74; stopping,
standing, parking, § 74-56 et seq. same manner as the remainder oft
(2) Regulations. The following regulations shall
apply to boats, utility trailers, recreational
vehicles or special purpose vehicles:
a. In all zoning classifications, no boats,
utility trailers, recreational vehicles or
special purpose vehicles shall park
within the right-of-way line abutting
any street.
b. In all zoning classifications, no boats,
utility trailers, recreational vehicles or
special purpose vehicles shall be parked
any closer than three feet from the ex-
terior of all buildings, homes or other
structures, including eaves and over-
hangs.
c. In multifamily developments, boats,
utility trailers, recreational vehicles or
special purpose vehicles shall be parked
in special parking or storage facilities.
Special parking in multifamily devel-
opments shall consist of at least ten
percent additional parking spaces. This
subparagraph (b)(2)c. shall be effective
for multifamily developments for which
the building permit for intial construc-
tion is issued after the effective date of
this subparagraph.
d. All vehicles herein permitted shall have
affixed thereto a currently valid license
tag registered to the vehicle, shall be
parked or stored with wheels and tires
mounted, and shall be maintained in a
movable condition.
e. Except as necessary for repair or main-
tenance, no boat, utility trailer, recre-
ational vehicle or special purpose vehi-
cle or structure designed to be mounted
upon and carried by another vehicle,
shall be used as an accessory building
or connected to any utility or electrical
service, except for temporary connec-
tions to battery charging devices.
f. The surface of the lot or parcel of land
upon which or above which a boat, util-
ity trailer, recreational vehicle or spe-
cial purpose vehicle is parked shall be
paved or shall be maintained in the
same manner as the reminder of the
Supp. No. 1 CD110:67
ORDINANCE NO. 14-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-
551, LOCATION OF RECREATIONAL VEHICLES, CAMPING
EQUIPMENT, BOATS AND BOAT TRAILERS, BY PROVIDING PARKING
IN MULTIFAMILY DISTRICTS OF BOATS, UTILITY TRAILERS,
RECREATIONAL VEHICLES OR SPECIAL PURPOSE VEHICLES IN
SPECIAL PARKING FACILITIES, IF ALLOWED; 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. Subsection (b)(2)c of Section 110-551, Location of Recreational
Vehicles, Camping Equipment, Boats and Boat Trailers, of the Code of Ordinances, is
hereby deleted in its entirety, and the following are adopted in lieu thereof:
Sec. 110-551. Location of recreational vehicles, camping equipment, boats,
and boat trailers.
(b)(2)c. In multifamily developments, if boats, utility or boat trailers,
recreational vehicles or special purpose vehicles are allowed to be parked
pursuant to its organizational documents and covenants, then in that event,
the parking of boats, utility or boat trailers, recreational vehicles or special
purpose vehicles shall be contained within a special parking facility. As used
herein, a special parking facility shall consist of at least ten percent additional
parking spaces. Notwithstanding the foregoing, if a multifamily development
amends its organizational documents or covenants to allow previously
prohibited parking of boats, utility or boat trailers, recreational vehicles or
special purpose vehicles, then in that event, a special parking facility shall be
added to the existing facilities and parking of the foregoing shall be
prohibited until such times as the special parking facility is constructed.
Nothing contained herein shall be deemed a waiver by the City of its setback,
lot coverage or other zoning regulations in the addition of a special parking
facility. This subparagraph (b)(2)c shall be effective for multifamily
developments for which the building permit for initial construction is issued
after the effective date hereof.
SECTION 2. Any ordinance or parts of an ordinance in conflict herewith are
repealed.
City of Cape Canaveral
Ordinance No. 14-99
Page 2
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,
and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of ,1999.
ATTEST: FOR AGAINIST
Rocky Randels, MAYOR
Burt Bruns
Buzz Petsos
Rocky Randels
Richard Treverton
Larry Weber
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
1 st Reading : 10-20-99
Posted: 11-02-99
Published: 11-06-99
2nd Reading : 11-16-99
G:\CityCIk\Ordinances\PARKING OF MULTIFAMILY DISTRICTIONS OF BOATS UTILITY TRAILERS ETC.doc
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
9
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COOPERATIVE PURCHASE OF (12) SELF CONTAINED BREATHING APPARATUS
DEPT./DIVISION: CCVFD/PUBLIC SAFETY
Requested Action:
That the City Council approve the cooperative purchase of (12) self-contained breathing apparatus from Safety
Equipment Company in the amount of $51,636.
Summary Explanation & Background:
These are replacing our old breathing units, and $55,000 is budgeted for this expenditure, and the fire chief is
utilizing the City of Hollywood, Florida bid.
The port authority will also purchase (12) of these units.
Fire Chief Sargeant will be in attendance to answer any questions you may have.
I recommend approval.
Exhibits Attached:
Purchase Request from Fire Chief
City Manager's Office
[ Bennett Boucher ]
Department CCVFD/PUBLIC SAFETY
g:/admin/council/meeting/1999/11-16-99/ccvfd.doc
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT
REPAIR/PURCHASE REQUEST AUTHORIZATION
Date: 10-27-99
Request: Purchase (12) Scott Self Contained Breathing Apparatus
Location:
QUOTES
COMPANY NAME . MAKE CHECK PAYABLE TO
AMOUNT
Safety Equipment Company
$51,636.00
Sole Source Provider in Florida
Tagging on Hollywood, FL Bid#3486
RECOMMEND PURCHASE FROM:
Name: Safety Equipment Company
Address: P.O. Box 31268
Tampa, FL 33631
SUBMITTED BY:
(Signature) Fire Chief
CCVFD Title
WORK/PURCHASE APPROVED:
Name Date
P.O. #:
Issued to:
QUOTATION
(Quote good for 30 days unless noted below)
Date: 10/26/99
Person Quoted: Chief Dave Sargeant Phone:
Company Name: Cape Canaveral Fire Fax:
Address:
City and State: Quoted By: Mike Botet
FOB:
Delivery Promise:
Special Shipping Instructions:
QTY UM
PART #
DESCRIPTION
PRICE
EXTENDED
PRICE
24 ea
804847-06
Scott Airpak 50 high pressure w/45 minute
2771.00
66504.00
carbon cylinder and buddy breathing
24 ea
PASS alarm for above units
476.00
11424.00
24 ea
804722-01
Promotional 45 minute cylinders
no charge
24 ea
Spare 45 minute cylinders
858.50
20604.00
30 ea
sct804191
AV2000 facepiece
158.00
4740.00
TOTAL
103272.00
1) This pricing is based off of the City of Hollywood bid #3486,expires 18/31/99
2) User training done for all 3 shifts at no charge
4) Airpak carries a 15 year warranty on pressure reducer, 8 year warranty on balance of pak
5) Pass device carries a 1 year warranty
FAX NO. : Jun. 16 1999 03:24AM P2
MAY 07 '99 12:16
P.3
BID #3486
BID FORM
CITY OF HOLLYWOOD, FLORIDA
"AN EQUAL OPPORTUNITY AND SERVICE PROVIDER AGENCY"
The City of Hollywood, Florida is seeking bids to secure annual pricing for the Purchase of
Various Frefighting Equipment, Supplies and Replacement Parts.
7. AWARD:
Award will be made, by manufacturer, to vendor(s) offering greatest percentage
discount off current manufacturer's suggested retail price list.
2. AGREEMENT TERM:
This is a two (2) year agreement, commencing on date of award by the City
Commission.
3. PRICE LISTS:
Sucoessful bidders) shall be required to furnish (at no charge to the City of
Hollywood) current price lists for manufacturer's bid. New price lists shall be
provided by awardee (at no charge to the City of Hollywood) as they are updated.
4. ESTIMATED EXPENDITURES:
The anticipated value of this agreement for the first twelve (12) months is
$150,000.00. The City of Hollywood reserves the right to increase or decrease the
anticipated value as necessary to meet actual requirements. No minimum purchase
quantities are guaranteed.
5. RENEWAL OPTION:
The successful bidder(s) shall be awarded an agreement for twenty-four (24)
months. The City Commission may renew this agreement for an additional twenty -
four (24) rnonth period subject to vendor acceptance, satisfactory performance and
the determinaton that renewal will be in the best interest of the City. Notification of
intent to renew will be mailed sixty (60) calendar days prior to expiration of the
agreement. All original terms, conditions and firm discounts shalt remain firm for the
initial period of the agreement area for any renewal period. Vendor shall also
provide sixty (60) days notice of intent to refuse renewal. Any renewal will be
subject to appropriation of funds by the City of Hollywood Commission.
FAX NO: Jan. 07 1999 05:57AM P5
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BID #3486
6. MINORITY PARTICIPATION:
Bidders are encouraged to participate in the City of Hollywood's N/WBE Program by
including as part of their bid package, , the M/WBE Participation Form (Exhibit "A").
and the Letter of Intent Form (Exhibit "B"). Bidders who are unable to meet the
recommended goals should also provide the M/WBE Unavailability Form and Good.
Faith Effort Report (Exhibits "C" and "D").
The recommended voluntary goals for this bid are 10% fbr minority business
enterprises and 5% for women business enterprises.
7. WARRANTY:
The successful bidder(s) shall furnish factory/manufacturer warranty on all
equipment furnished hereunder against defect in materials and/or workmanship.
The factory/manufacturer warranty shall become effective on date of delivery and
acceptance by the City of Hollywood. Should any defect in materials or
workmanship, except ordinary wear and tear, appear during the stated warranty
period, the successful bidder(s) shall repair or replace same at no cost to the City of
Hollywood.
8. F.O.B. POINT:
The F.O.B. point shall be destination. Exact delivery point will be indicated on the
purchase orders are issued during the agreement period.
9. RIGHT TO TEMINATE:
The City of Hollywood reserves the right to terminate this agreement without cause
effective thirty (30) days from date of written notice.
10- PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES:
All bidders submitting a response to this Invitation for Bid agree that such response
constitutes a bid to the other Interested govemmental entities within the South
Florida area, under the same conditions, for the same rate of discounts and the
same effective period as this bid, should the bidder fee! it is in their best Interest to
do so.
FAX NO: Jan. 07 1999 05:58AM P6
BID TABULATION- BID #3486
PAGE FIFTEEN
VENDORS (CONTINUED)
ITEM NO. MANUFACTURER'S NAME
43.
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
10
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: 1999/2000 LAW ENFORCEMENT CONTRACT
DEPT./DIVISION: POLICE/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of the 1999/2000 law enforcement contract in the amount of
$1,329,725.
Summary, Explanation & Background:
This is an annual police service contract with the Brevard County Sheriff's Office. Language has been added
as marked on the attached contract.
This year the city added a new deputy, partially funded with a federal grant. I have also attached an outline of
staffing during the last several years. It is important to note that (4) sworn officers were added since the 96/97
budget year. Two of these positions were funded with federal grants.
I recommend approval of this agreement.
Exhibits Attached:
Contract
City Manager's Office
[ Bennett Boucher ]
Department POLICE/PUBLIC SAFETY
g:/admin/Council/meeting/1999/11-16-99/law.doc
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11/02/99
SHERIFF'S CONTRACT
92-93 (17) Deputies (1) F/T Desk Clerk (1) P/T Desk Clerk
93-94 (17) Deputies (1) F/T Desk Clerk (1) P/T Desk Clerk
94-95 (17) Deputies (1) F/T Desk Clerk (1) P/T Desk Clerk
95-96 (16) Deputies- Task Force Agent
Removed (1) F/T Desk Clerk (1) P/T Desk Clerk
96-97 (17) Deputies-Added COP Deputy (1) F/T Desk Clerk (1) P/T Desk Clerk
97-98 (19) Deputies-Added (1) Lieutenant & (1) F/T Secretary (1) P/T Secretary & (1) P/T Office Assistant
(1) Special Agent
98-99 (19) Deputies (1) Admin. Secretary (1) P/T Secretary & (1) P/T Office Assistant
*99-2000 (20) Deputies-Added COP Deputy (1) Admin. Secretary (1) P/T Secretary & (1) P/T Office Assistant
*The (20) Officers are as follows:
**1 Majors
**1 Lieutenant
3 Sergeants
* 1 Special Agent
2 Agents
12 Deputies
** Cost Sharing with Port
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this day of , 1999, by and between,
Philip B. Williams, as Sheriff of Brevard County, hereinafter referred to as "Sheriff', and the City
of Cape Canaveral, Florida, a municipal corporation, hereinafter referred to as "City".
WITNESSETH,
WHEREAS, the City wishes to purchase municipal law enforcement services for that area
of land within its municipal boundaries; and
WHEREAS, the Sheriff is desirous of performing those services;
NOW, THEREFORE, for good and valuable consideration, it is mutually agreed as follows:
1. PURPOSE
The Purpose of this agreement shall be to provide the citizens of City with police
services by Sheriff. The Sheriff shall at all times endeavor to provide the citizens of City
with the service similar to that which they would enjoy with a Municipal Police
Department.
2. PERFORMANCE OF CONTRACT
The Sheriff will perform this contract as empowered and limited by the Constitution
and Laws of the State of Florida, which grant powers and duties of the Sheriff as chief
executive and law enforcement officer of Brevard County, the Charter of the City, and the
transfer of the City's police power by reason of this agreement.
a. As a standard of performance, Sheriffs deputy shall respond to all
emergency calls within the City's corporate limits within three (3) minutes
after a call has been dispatched. This response time may be extended during
periods of mutual aid service with other entities.
City of Cape Canaveral page 1 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
3. SCOPE OF SERVICES
The Sheriff shall provide City with the following specified service and all support
services incident thereto:
a. Provide 24-hour law enforcement services to the City and enforce all
laws for which the Sheriff has jurisdiction to enforce.
b. All personnel shall be as listed in the approved Personnel Allocation
listed at Appendix A to this contract.
C. There shall be a minimum of two cars and two deputies on patrol
within the corporate limits at all times in accordance with accepted
law enforcement practices. During any exception to the foregoing
because of illness, emergency, or any other reason, patrol services
may be augmented by mutual aid service. Patrol shall be construed to
mean, the actual patrolling of the City's streets or investigation or
attending to an observed or reported incident or availability to
provide law enforcement services within the response time set forth
in paragraph two herein above. Reactive patrol to enforce State laws
and City ordinances, proactive patrol to prevent and deter criminal
activity, traffic patrol to enforce traffic laws and prevent traffic
crashes.
d. A law enforcement officer shall be present at Council meetings when
so requested by any member of the City Council or by the City
Manager.
4. PERSONNEL
All personnel used by the Sheriff in the performance of such services, functions and
City of Cape Canaveral page 2 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
responsibilities as described and contemplated herein for the City, shall be and remain,
Sheriff employees or deputies, and no one of such persons shall be considered in the employ
of the City for the purpose of pension benefits, compensation, or any status or right. All
deputies shall be fully certified as required by both the State of Florida and the Sheriffs
Office. Deputies assigned to Cape Canaveral will remain assigned to duty in Cape
Canaveral unless they leave the employment of the Sheriff, or unless reassigned by the
Sheriff after notification to the City Manager. The parties recognize that the final decision
concerning the assignment of personnel is the responsibility of the Sheriff. The parties agree
that the Sheriff has the final decision on determining the rank structure implemented for
personnel assigned to Cape Canaveral. The Sheriff further agrees there will not be more
than two deputy(ies) assigned to Cape Canaveral at a time with less than one year of
experience as a law enforcement officer.
However, in the event the City considers any of the personnel assigned under this
contract to be contrary to the best interest of the City, the Sheriff agrees to reassign that
(those) person(s), after reasonable notice and a replacement will be provided within a
reasonable time thereafter.
5. PAYMENT
For the first year of this contract, the City shall pay to the Sheriff, the sum of
$1, 225, 025 (1,22,592) for operations and $104,700 for capital equipment for his performance
hereunder. The contract price for the second year of this contract will be set based upon the
mutually agreeable contract price established by budget, and approved by the City. Should
a mutually agreeable contract price not be approved before September 30, 2000 the contract
price for the second year shall be equal to the total cost of services, excluding capital (NEW)
equipment for the first year, plus four percent. This amount may be adjusted by mutual
City of Cape Canaveral page 3 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
agreement after the start of the contract year after a budget is approved by the City. Sheriff
shall separately account for all services rendered by him hereunder and, to the extent, that
Sheriffs cost of performance is less than the contract price for any given year, city shall
receive a rebate to the extent of such surplus. Payments for personnel services and
operating expenses shall be made in twelve monthly installments payable on or before the
fifth day of each month, beginning October 1, 1999. The City will with the November
monthly installment remit to the Sheriff the capital appropriation for the fiscal year.
The contract price stated herein above includes a portion of Sheriffs indirect
overhead, to cover costs such as dispatch services and other services provided by Sheriff in
support of Cape Canaveral. City's pro rata share of such indirect overhead expenses is
approximately $140,000.00, annually. To provide City with price stability, in the first year
of this contract, Sheriff agrees to use a lower 7% administrative cost standard charging
$80,141.. If minimal time and expenses are incurred when transitioning between this
contract and the first option year (FY 2000-2001), the Sheriff agrees to hold the 7%
administrative cost standard charging $80,141 for the first option year.
Should the City desire that the Sheriff provide services at a higher level than that
contemplated herein, the City Manager shall have the authority to negotiate with the Sheriff
regarding modification of the Agreement and shall bring such modification to the City
Council for appropriate action. Any request for modification of service levels shall be
accomplished by written request to the Sheriff, and if necessary, amendment to the contract
price then in effect.j The City agrees that in the event of a catastrophic event, additional
funding shall be provided by the City for vehicles, equipment and supplies, less any disaster
relief funding provided by another agency.
City of Cape Canaveral page 4 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
6. TERM OF AGREEMENT
This Agreement shall take effect on the 1 st day of October 1999, and shall continue
in effect for one year with an option to renew annually therafter, based upon mutual
agreement between the City of Cape Canaveral and the Brevard County Sheriff's Office..
7. DATA
The Sheriff shall provide to the City Manager the quarterly activity reports for each
month. In addition, the Sheriff shall provide to the City Manager such other information as
he, from time to time, may reasonably request.
The City may retain at its expense an independent audit firm to conduct a
compliance review and/or audit of said contract.
8. FACILITIES
The city shall provide facilities for use by Sheriff in performing this contract. In the
facilities provided by the City for use by the Sheriff, the City hereby agrees to provide for all
routine maintenance, repairs and replacement of existing facilities, and shall provide
janitorial services and, pay all charges for utilities, telephone and other services required for
the operation of the facilities.
The facilities shall be used for the sole purpose of providing the services as defined
in this Contract. Any other use of these facilities shall be negotiated as to cost and extent.
9. EQUIPMENT
All equipment purchased by the Sheriff, for use in performance of this agreement,
which purchases are funded with monies from this contract shall remain in the exclusive
possession of the Sheriff until the contract terminates. Ownership, of such equipment shall
remain with the City at all times and possession shall be surrendered to City upon
termination hereof. All equipment leased to the City shall remain the property of the
City of Cape Canaveral page 5 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
Sheriff, upon termination hereof. The Sheriff shall maintain an inventory of equipment,
continually updated, and shall, upon request, provide written inventory reports to the City
Manager.
10. FINES. FORFEITURES AND FEES
A. All fines, forfeitures and fees collected by the County Court on cases made
by law enforcement officers within the City limits, will continue to be
returned to the City in accordance with the existing law of Florida.
B. Sheriff agrees that within the provisions of Florida Statute Chapter §932,
money collected from operations where the officers employed by the City
are assigned will be distributed pro rata to the Sheriff, held in trust for the
Cape Canaveral Precinct in direct relationship to the percentage contribution
of City assigned personnel are as a proportion of the total law enforcement
officers involved in the operation from which money is collected. These
proceeds shall be dedicated solely for the Sheriff s law enforcement function
within the City, in accordance with Florida Statute Chapter §932. Funds not
expended by September 30th, of each fiscal year will be returned to the
Sheriff.
C. Properties taken in contraband forfeiture cases within the City of Cape
Canaveral shall be forfeited to the use of the City. Should the City accept
the forfeited property, the City shall assume all legal costs related to the
forfeiture. Should the City refuse to accept the forfeited property, the Sheriff
may elect to transfer the property to the Sheriff's Office or may sell the
property, where upon all proceeds will be the sole property of the Sheriff
D. Sheriff shall apply to the Court to recover investigative fees upon successful
City of Cape Canaveral page 6 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
prosecution of active cases and shall remit recovered fees to the City in
January, April, July, and October of each year. Sheriff will also provide
copies of all cost affidavits monthly.
11. TRAINING
In October of each Fiscal year, the City will transfer $10,000 of Police Education
Income Funds (Second Dollar) to the Sheriff for the sole purpose of training deputies and
support staff assigned to the City.
12. RULES AND REGULATIONS
The Sheriff will have sole authority to promulgate rules and regulations for the
operation of the Brevard County Sheriffs Office law enforcement officers who function
within the City.
13. CONTRACT PURCHASES
The Sheriff will have sole power to determine and to contract for or purchase
services, equipment, supplies, facilities, and other property for law enforcement needs
within the City, provided Sheriff can do so with funds allocated to him pursuant to this
agreement.
14. FEDERAL OR STATE AID
The City will determine when to apply for, with assistance and cooperation from the
Sheriff, federal or state grants, aids, loans, assistance or other acquisition for law
enforcement needs within the City. Responsibility for accounting and administration of
approved Federal and State grants shall be the responsibility of the City.
15. INSURANCE
Sheriff agrees to provide law enforcement officer's professional liability insurance
coverage for bodily injury and property damage caused by an occurrence arising out of the
City of Cape Canaveral page 7 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
scope and performance of duties by law enforcement officers and support personnel covered
by this agreement. The Sheriff will provide automobile liability insurance for bodily injury
and property damage for vehicles used by the Sheriff s Office under the terms and
conditions of this agreement.
Alternatively, the Sheriff at his election, may become part of a recognized self-
insurance program with other law enforcement units to provide such protection. Costs of
such protection described above will be part of the funds provided by the City.
The City will provide for its own fire, storm, flood, and property damage and public
liability insurance for bodily injury and property damage, for the facilities furnished by City
to Sheriff, and shall name the Sheriff as an additional insured, at no cost to the Sheriff.
Each, Sheriff and City, will upon request, provide the other with a copy of each insuring
agreement mentioned in Paragraph 15.
16. DISPUTES OR DISAGREEMENTS
During the duration of this agreement, all disputes or disagreements between the
parties relative to either party's performance under the terms of this agreement, will be
presented specifically, in writing, by the party claiming dispute. Thereafter, the responding
party will answer specifically in writing within thirty (30) days to the claimant. Within
fifteen (15) days thereafter, the parties will meet at a mutually agreeable time and place to
either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled,
each party shall submit the issues to binding arbitration. The parties will choose a retired
circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will
be selected by the court pursuant to Florida Statute §682.
17. HOLD HARMLESS CLAUSE
To the extent provded by Florida Statute, the City and Sheriff each indemnify and
City of Cape Canaveral page 8 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PMFiscal Year 1999-2000
will hold the other whole and harmless from any and all manner of action and actions, cause
and causes of action, suits, trespasses, judgments, executions, claims and demands and
losses and damages, costs and expenses of any kind whatsoever, including reasonable
attorney's fees and court cost which may be claimed by any third party to have resulted from
or arise out of the intentional or negligent acts of the employees, officers or agents of the
other, whether occurring before or after the City and Sheriff assumed the obligations of this
Agreement.
18. NOTICE
Notice or other writings required or permitted under this agreement shall be given to
the Sheriff at 700 Park Avenue, Titusville, Florida 32780; and to the City at 105 Polk
Avenue, Post Office Box 326, Cape Canaveral, Florida 32920.
19. MODIFICATIONS
This agreement shall be subject to modifications at any time upon written mutual
consent of the parties hereto.
20. MARKINGS
The City shall have the right to mark the Sheriffs cars used in Cape Canaveral with
a specific Cape Canaveral designation provided that the markings are not contrary to any
Statute or Regulation for marking Sheriff Office vehicles.
21. TERMINATION
Either party may terminate this Agreement without cause or further liability to the
other, upon written notice to the other party, said written notice to be given not less than 180
days prior to the requested termination date, said notice to be deemed delivered when a copy
is delivered to the other parties and receipted for. Upon any such termination all further
obligations shall cease, except for those related to payment for services rendered prior to the
City of Cape Canaveral page 9 of 10
Law Enforcement Contract rev: 11/09/99
12:43 PM/Fiscal Year 1999-2000
effective date of such termination.
22. LEGALITY OF AGREEMENT
Any obligations created by this agreement, which are hereafter determined by court
of competent jurisdiction to be illegal are void, and neither party will be obligated to further
perform as to such obligations.
23. TOTALITY OF AGREEMENT
There are no other agreements or conditions, written or oral, between the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the
day and year first written above.
Attest:
Attest:
SHERIFF OF BREVARD COUNTY, FLORIDA:
Sheriff Philip B. Williams
CITY OF CAPE CANAVERAL, FLORIDA:
Mayor M. R. "Rocky" Randels
City of Cape Canaveral
Law Enforcement Contract
12:43 PMFiscalYear 1999-2000
page 10 of 10
rev: 11/09/99
BREVARD COUNTY SHER/FF'S O FFICE
CITY OF CAPE CANAVERAL CONTRACT 2000
Revised October 5,1999
SALARIES
F.T.E.
FY 98-99
CURRENT
BUDGET FY
98-99
F.T.E.
FY 99-00
REQUESTED
BUDGET
FY 99-00 % INC (DEC)
MAJOR
1.0
$ 54,896
0.7
$ 39,656
LIEUTENANT
0.5
$ 23,455
0.5
$ 25,088
SERGEANT
3.0
$ 110,054
3.0
$ 116,710
DEPUTY
13.5
$ 380,536
14.5
$ 438,322
ADMIN SECRETARY
1.0
$ 21,614
1.0
$ 23,374
SECRETARY
0.5
$ 8,773
0.5
$ 9,448
OFFICE ASSISTANT
0.5
$ 7,578
0.5
$ 7,809
OVERTIME
$ 25,000
$ 25,000
SUBSIDY
$ 11,700
$ 11,700
NEW HOLIDAY PAY
$ -
$ 13,000
SALARY RECLASS
$ -
$ 1,000
SALARY TOTALS
20.0
$ 643,606
20.7
$ 711,107 10.49%
FRINGE BENEFITS
FICA/MEDICARE
$ 47,295
$ 52,434
RETIREMENT
$ 153,172
$ 140,559
LIFE INSURANCE
$ 2,263
$ 2,417
HEALTH INSURANCE
$ 85,360
$ 100,155
WORKERS COMPENSATION
$ 37,323
$ 40,006
FRINGE BENEFIT TOTALS
$ 325,413
$ 335,571 3.12%
Book2 page 3 of 5 rev: 10/05/99 1:55 PM
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
11
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of the annual employee Christmas bonus.
Summary Explanation & Background:
Over the years, it has been an annual tradition by the City Council to give a little "Christmas Cheer" to our
employees.
This is a budgeted item, and I recommend approval.
Exhibits Attached:
Christmas Bonus List
City Manager's Office
[ Bennett Boucher ]
Department LEGISLATIVE
g:/admin/Council/meeting/1999/11-16-99/bonus.doc
CHRISTMAS BONUS
EMP. Employee
Hire
#
Name
Year
1999
1003
Boucher, Bennett C
1981
295.00
1013
Bowers, Andrea L
1995
82.50
1118
Daine, Linda J
1998
40.00
1005
McIntire, Kim
1993
115.00
1008
Sims, Sandra
1995
85.00
1009
Stills, Susan
1994
100.00
1111
Puleo, Cheryl
1993
102.50
1127
Budesa, Cheryl
1999
12.50
1128
Coldwell, Donna
1999
12.50
1121
Dunne, Paula
1998
27.50
1034
McElreoy, Anne R
1997
42.50
1130
Revet, Brenda
1999
12.50
1051
Chapman, Susan L
1989
175.00
1123
Franklin, Dennis
1998
40.00
1014
Mullins, Gregory
1990
160.00
1131
Reid Morris
1999
25.00
1018
Barker, Scott A
1996
70.00
1106
Daine, Francis
1995
85.00
1007
Davis, Timothy J
1996
70.00
1103
Dawson, Cathy
1991
145.00
1107
Evans II, Donald W
1990
160.00
1104
McKee, Kay O
1991
145.00
1019
Richart, Michael
1992
130.00
1012
Akery, Carl R
1966
520.00
1061
Bandish, Walter M
1990
145.00
1102
Clark, June A
1986
220.00
1062
Cordero, Carlito
1998
25.00
1119
Craanen, Donald
1998
40.00
1063
Dasno, Barbara E
1990
145.00
1023
Dujardin, Thomas R
1996
70.00
1056
Fox, Raymond W
1989
175.00
1029
Gardulski, Edward
1997
55.00
1129
Hardy, Cathy
1999
25.00
1039
Huston, Marianne
1998
40.00
1020
Marks, Helen P
1996
70.00
1132
Managan, Yvette
1999
25.00
1065
McCormack, Larry
1991
145.00
1030
O'Hara, Michael
1997
55.00
1011
Prince, Paul E
1989
175.00
1068
Taylor, Melton J
1992
130.00
1045
Veenstra, Kenneth
1990
160.00
1120
Carrigan, Barbara
1998
27.50
1125
Fulton, Brenda
1999
12.50
1032
Hanson, Nancy L
1978
340.00
1113
Latherow, Delores
1997
42.50
1037
Norman, Francoise
1983
252.50
1126
Seeger, Brenda
1999
12.50
1043
Welton, Donna
1986
207.50
TOTAL 5,247.50
CHRISTMAS BONUS
Crossing guards: Bonuses for School Crossing Guards
are capped at $100.00 net; these employees work 10 hrs
a week.
Part-time Employees: $12.50 first year;
$15.00 each additional year
Full-time Employees: $25.00 first year;
$15.00 each additional year
Bonus SS
Total
Cost to General Fund 2,723.75 208.37
2,932.12
Cost to Beautification 57.75 4.42
62.17
Cost to Sewer Fund 2,466.00 188.65
2,654.65
5,648.93
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
12
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: HURRICANE FLOYD'EXPENDITURES
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council approve the expenditures caused by Hurricane Floyd as outlined by the City Treasurer.
Summary Explanation & Background:
Staff is required to report to the City Council emergency/storm related expenditures incurred during Hurricane
Floyd.
Total Expended $ 36,468.78
FEMA Reimbursement (27,351.59)
State Reimbursement ( 4,558.60)
City portion not covered $ 4,558.60
I recommend approval of this Hurricane Floyd expenditure report.
Exhibits Attached:
City Treasurer's memo of 11-10-99
City Manager's Office
[ Bennett, Boucher ]
Department ADMINISTRATION
g:/admin/council/meeting/1999/11-16-99/floyd.doc
Memorandum
To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CC: BENNETT BOUCHER, CITY MANAGER
From: ANDREA BOWERS, CITY TREASURE (AB)
Date: 11/10/99
Re: FEMA REIMBURSEMENT FOR HURRICANE FLOYD
EXPENDITURES
On November 4 the paperwork was completed and filed for FEMA reimbursement
of the City's expenditures concerning Hurricane Floyd. These expenditures
included preparation for the hurricane, maintenance and support of the sewer
facilities during the storm and debris removal and sign replacement after.
Expenditures included in the reimbursement request include:
• Labor
1,150.15
• Materials
1,084.90
• City Equipment used
3,179.90
• Sheriff Dept.
4,661.48
• CCVFD
1,905.10
• Rental Truck (city evacuation)
245.40
• Waste Management (debris removal)
19,841.85
• Storm drain debris removal
4,400.00
Expenditures expected to be covered totaled $36,468.78, of which the Federal
Disaster Relief will pay 75% ($27,351.59) and State Disaster Relief will pay 12.5%
($4,558.60), leaving a city expenditure of $4,558.60. I have contacted the League of
Cities insurance adjuster and will work with them to determine weather any
coverage is in force for the remainder of these expenses.
If you have any questions or concerns, please contact me at 868-1234 or come by
my office.
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Consideration
Item
No.
13
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: BUILDING PERMIT EXTENSION
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider granting a (90) day permit extension for the project located at 8699 Astronaut
Blvd., as requested by the applicant.
Summary Explanation & Background:
Pursuant to our city code, the City Council may grant building permit extensions.
The building official recommends approval of this extension.
Exhibits Attached:
Building Official's memo of 11-01-99
City Manager's Office
[ Bennett, Boucher ]
Department BLDG/PUBLIC SAFETY
g:/admin/council/meeting/1999/11-16-99/permit.doc
M E M O R A N D U M
Date: November 1, 1999
To: Bennett Boucher, City Manager
Sandra Sims, CMC, City Clerk
From: Dennis E. Franklin, CBO, Building Official (DEF)
Re: Kelseys, 8699 Astronaut Boulevard
Request for Building Permit Extension
Permit #98-00186
I am in receipt of a letter from ACI Corp., dated October 27, 1999,
requesting an extension of Building Permit #98-00186, issued for the
"shell building" located at 8699 Astronaut Boulevard.
Due circumstances as outlined in ACPs letter, I respectfully request
that the City Council grant this permit a (90) day extension.
Please schedule this request for the next scheduled City Council
meeting.
cc: street file
ACI Corp.
P.O. Box 5194 Titusville, FL 32783-5194
October 27, 1999
Dennis E. Franklin, CBO
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920-0326
Re: Kelsey's Building, 8699 Astronaut Blvd., Building Shell Permit Extension
Dear Sir;
The time limits for the original permit for the shell of the Kelsey's building were exceeded
due to the need to extensively redesign several aspects of the utility plan and DOT
interfaces. The city then granted a permit extension.
During the 90 -day extension the design approach was resolved resulting in designs that
have been approved by all agencies. Unfortunately, the subcontractor that had been
selected to perform the site work and sewer installation had become so busy that he could
not perform on our project. As a result we have had to competitively rebid that work.
Also, the redesign has necessitated installation of a sanitary lift station that had an eight
week lead time.
The lift station is now available and, as you can see from the job site, the site
subcontractor has been selected and is at work.
Therefore, we request an additional permit extension and please be assured that we do not
see any further delays and plan to complete the permit scope within the allowed timespan.
Very truly yours;
[ Carl L Jones Pres )
Carl Jones
ACI CORP
Recevied 10/29/99 SKC
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
14
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR FOURTH ANNUAL REINDEER 5K
RUN/WALK FOR UNITED WAY OF BREVARD COUNTY
DEPT./DIVISION: ADMINISTARTION
Requested Action:
That the City Council approve the permit for this event.
Summary Explanation & Background:
See attached application for details. The route is the same as last year.
I recommend approval.
Exhibits Attached:
Outdoor Entertainment Permit
City Manager' s Office
[ Bennett, Boucher ]
Department ADMINISTRATION
g:/admin/council/meeting/1999/11-16-99/reindeer.coc
I. INSURANCE
A written public liability aw rance policy insuring the person staging, promoting or conducting the
outdoor entertainment event against any and all claims and demands made by any person for injuries
received in connection with the staging, promoting, conducting or attendance of or at the outdoor
entertainment event, written within limits of not less than $300,000.00 damage or injury to any one
person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than
$500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus
$50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the
application for a special outdoor entertainment permit, together with adequate evidence that the premiums
are paid.
Name of Insurance Co: ATTACHED Policy No:
Expiration Date:
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation
purposes and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual
rates and any other permit fees that may be applicable to the particular production as required by the City
of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the
sections waived dealing with the health, safety and welfare of those in attendance, as well as the general
public, have been otherwise provided for as required by said code. List any exemptions you are seeking.
(1) Filing Fee
(2) Cash Clean -Up Bond
(3) Event starts at 9:00 a.m.; set up at 6:45 a.m.
( Suzanne A Sparling, Director ) Date 11-2-99
Applicant or Representative/Title
Approved by City of Cape Canaveral:
City Representative's Name: Bennett C. Boucher
Title: City Manager
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the
City of Cape Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (407) 868-1230
Fax: (407) 799-3170
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Permit No, 004
Date: 11-01-99
The applicant or representative agrees to be on site at all times empowered with authority over all
aspects of the event and empowered to act for the applicant.
Name of Applicant: Suzanne A. Sparling Title: Director, Resource Development
Firm: United Way of Brevard County
Address: 937 Dixon Boulevard
Cocoa, FL 32922
Telephone: 407-631-2740 FAX: 407-631-2007
Local Contact: Suzanne A. Sparling Title: Director, Resource Development
Local Address (if different from above)
Type of Event: Fourth Annual Reindeer 5K Run/Walk for United Way of Brevard County
Event Date(s) in Cape Canaveral: Saturday, December 11, 1999
Location(s): Date(s) Time
Cherie Down Park, Saturday, December 11, 1999, 9:00'a.m. to 11:00 a.m.
Set -Up Time: 6:45 a.m.
Attach map(s) indicating event area and designated parldng areas.
XXTraffic Control XXUse of Police/Fire Rescue Equipment
XXStreet Closing( see attached map) O Vehicles/Equipment on Beach
O Other XXVehicle Parking on City Property
Specify: (1) Traffic control - help block streets
(2) Use of police/fire rescue equipment - barricades, safety & fire extinguishers
(3) Vehicle parking on city property - using Cape View Elementary
By signing this application, the applicant acknowledges and agrees to the following provisions:
MEMORANDUM
DATE: NOVEMBER 8, 1999
TO: BENNETTC. BO CHER
CITY MANAGER
FROM: KIM M. MC INTIRE
RACE DIRECTOR
SUBJECT: FOURTH ANNUAL REINDEER 5K RUN/WALK TO BENEFIT UNITED
WAY OF BREVARD COUNTY, SATURDAY, DECEMBER 11, 1999
Following is a status report on the above-mentioned event:
Outdoor Entertainment Permit — Paperwork attached.
Event Brochures — Attached — Have been mailed/hand-delivered to all sponsors as well as to the
Library, CCVFD, Cape Canaveral Precinct, Cape View Elementary, Recreation Department,
Annex, City Hall Lobby and department heads. In addition, the United Way is distributing to the
major fitness centers and mailing to their data base of 200 individuals. Also, brochures will be
included in the race packets of three races taking place prior to the Reindeer Run.
Total Sponsorships: $6,750.00
Media coverage — In place (there has already been radio coverage); announcement will be placed
on the city marquee on December 1st.
Delivery of Long sleeved T-shirts is expected the week of November 151h
If "Mother Nature" cooperates, I believe we will have close to 300 registered runners/walkers this
year (252 last year).
/kmm
Attachment
OCT -05-99 TUE 02:51 PM UNITED WAY OF BREVARD FAX NO. 4076312007 P. 02/05
FROM: PARKS & REC MI/BCHS PHONE No. : 407 455 1380 Oct. 01 1999 03:20PM P4
APPLICATION FOR WAIVER
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
PARKS & RECREATION DEPARTMENT
AREA: O NORTH O CENTRAL-MAINLAND X-CENTRAL-MI/BCHS O SOUTH 0 CAMPGROUND
Name Suzanne A. Sparling Representing United Way of Brevard Count
( INDIVIDUAL ORGANIZATION , GROUP, COMPANY)
Address 937 Dixon Blvd. City Cocoa Zip 32922 Phone 631-2740
DESCRIPTION OF ACTIVITY: What City of Cape Canaveral's 4th Annual Reindeer Run 5K Run/Walk Where Cheri Down Park
Date 12-11-99 Time 7:00am- 11:00am Estimated Attendance 250 Admission Charge $15 Entry fee
Purpose of Activity Raise funds to benefit United Way of Brevard & 38 member (agenies)?
Brief description of organization, its purposes, goals and partinant information United Way of Brevard is a local.
non-profit Organization designed to help Communities help themselves. United Way is a (funding)
(?) for one 38 health + human service organizations.
Non-Profit? X-Yes O No Does the organization assume responsiblilty for supervision? Yes
Article IV. Festivals
X- Live or amplified music on park facliity as a primary function. WRLO-Ute Rock 99.3 FM is a major sponsor
+ will serve as Master of Ceremonies.
Article V.
O Section 18-104 (2) Alcoholic Beverages- To allow possession/sale/donation of alcoholic beverages.
O Section 18-106 (8) Waiver of general comprehensive liability insurance and in lieu, provide hold harmless affidavit.
Field reservation deposit for softball tournaments must be paid before submitting request for waiver of Insurance.
0 Section 18-2 and 18-104 Waiver of facility use fees per Policy BCC-39.
Appeal Process
1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Cornmissioners.
2. A written appeal request must be submitted to the appropriate Parks Operations Director or designs within five
(8) days after notification of the denied waiver.
3. The Parks Operations Director or designee must then request placement of the appeal on the Board of County
Commissioner's Agenda for consideration.
Applicant's Signature X ( Robert R. Rains )
(FEE WAIVER REQUESTS MUST BE SIGNED BY AN OFFICER OF THE ORGANIZATION)
Date 10/5/99
---- ---------------------- Department Use Only ---------- ----------------------------------
Critera for Waiver of Fees: (Check appropriate box-)
O 1. Activities which are sponsored and co-sponsored by arevard County for a pukfrc purpose.
X- 2. Activities sponsored by other governmental agencies.
X- 3. Activities sponsored by groups, organizations or individuals where proceeds are given to chariiable Causes.
organizations, Individuals or Brevard County facilities or programs.
❑ 4. Activities sponsored by organizations to Which Brevard County is a member,
Comments:
Fee Waiver Request: X- Recommended O Not Recommended Other Requests
Recreation Superintendent (?) Date 10/7/99
Fee Waiver Request: O Recommended O Not Recommended Other Requests
Parks Operations Division Director Date
Fee Waiver X- Recommended O Not Recommended Other Requests
Parks & Recreation Department Director (?) Date 10-13-99
Waiver of General Comprehensive Liability Insurance for Softball Tournaments: O Approved O Not Approved
Parks & Recreation Department Director/Designee Date
OCT 07-99 02:07 PM LEWIS AGENCY NATIONWIDE 4072694203 P.02
CERTIFICATE OF INSURANCE
The company indicated below certifies that the insurance afforded by the policy or policies numbered and
described below is in force as of the effective date of this certificate. This Certificate of Insurance
does not amend, extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any
policy numbered and described below.
CERTIFICATE HOLDER: INSURED:
CITY OF CAPE CANAVERAL UNITED WAY OF BREVARD INC
PO BOX 326 937 DIXON BLVD
CAPE CANAVERAL. FL 32920 COCOA. FL 32922
I POLICY I POLICY I LIMITS OF LIABILITY (* LIMITS AT INCEPTION)
I TYPE OF INSURANCE
LIABILITY
[X] Liability and
Medical Expense
Personal and
Advertising Injury
[X] Medical Expenses
[X] Fire Legal
Liability
[ ] Other Liability
AUTOMOBILE LIABILITY
[ ] BUSINESS AUTO
[ ] Owned
[ ] Hired
[ ] Non-Owned
EXCESS LIABILITY
[ ] Umbrella Form
[ ] Worker's
Compesnation
and
[ ] Employers'
Liability
POLICY NUMBER
& ISSUING CO.
77-80-492146-3001
NATIONWIDE
MUTUAL
INSURANCE CO.
POLICY
EFF. DATE
02-28-99
POLICY
EXP. DATE
02-28-00
LIMITS OF LIABILITY
(*LIMITS AT INCEPTION)
Any One Occurrence ...... $ 1,000.000
Included in Above- Any One Person or
Organization
ANY ONE PERSON ...... $ 5.00
Any One Fire or Explosion $ 50,000
General Aggregate* $ 2,000.000
Prod/Corp Ops Aggregate* . $1,000.000
Bodily Injury
(Each Person) ........ $
(Each Accident) ......$
Property Damage
(Each Accident) .....$
Combined Single Limit.. $
Each Occurrence ..... $
Prod/Corp Ops/Disease
Aggregate* .....
STATUTORY LIMITS
BODILY INJURY/ACCIDENT... $
Bodily Injury by Diease
EACH EMPLOYEE ...... $
POLICY LIMIT ................$
Should any of the above described policies be cancelled before the
expiration date. the insurance company will endeavor to mail
written notice to the above named certificate holder, but failure to
mail such notice shall impose no obligation or liability upon the
company, its agents. or representatives.
Effective Date of Certificate: 02-28-1999
Date Certificate Issued: 10-06-1999
DESCRIPTION OF OPERATIONSILOCATIONS
VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Authorized Representative: LEWIS AGENCY
Countersigned at: 5095 S. U.S. 1 Suite 101
P.O. Box 3089
[ Kimberrely Luro ]
77 BO 492-146-3001 D NAMED INSURED:
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -MANAGERS
OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE
1. Designation of Premises (Part Leased to You):
937 DIXON BLVD
COCOA FL 32922
2. Name of Person or Organization (Additional Insured):
CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL FL 32920
WHO IS AN INSURED (Paragraph C) is amended to
include as an insured the Person or Organization
shown in the Schedule, but this insurance with
respect to such Person or Organization applies only
to the extent that such Person or Organization is
held liable for your acts or omissions arising out of
your tenancy, maintenance, or use of that part of the
premises leased to you as shown in the Schedule
and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or of on behalf
of the Person or Organization shown in the
Schedule.
Cas. 4192 (1-90)
City of Cape Canaveral
Existing Traffic
Principal arterial-4 lane
Collector street- 4 lane
Collector street- 2 lane
AMUSEMENTS AND ENTERTAINMENTS
ARTICLE I. IN GENERAL
Secs. 10-1-10.25. Reserved.
ARTICLE II. AMUSEMENT DEVICE
CODE"
Sec. 10-26. Adonted.
(a) The Standard Amusement/Device Code,
1985 edition, published by the Southern Building
Code Congress International, Inc, is adopted by
reference as though it were copied fully in this
article.
(b) Whenever the term administrative
authority" or "official" is used in the amusement
device code adopted in this section, it shall be con-
strued to mean the building official of the city or
his authorzed representative.
(c) Any person who shall violate or who shall
fail to comply with the code adopted in this sec-
tion or who shall violate or fail to comply with
any order or regulation made under the code
adopted in this section or who shall build in vio-
lation of any detalied statement or specifications
or plans submitted and approved under such code
or any certificate or permit issued under such code
shall, for each and every such violation and non-
compliance, respectively, be punished as provided
in section 1-15.
(Code 1981, $$ 628.01-628.03)
Sec. 10-27 Amendments.
The amusement device code adopted in section
10-26 is amended as follows:
(1) Section 108.1 is amended to read as follows:
Appointment. There is hereby established
a board to be called the construction board
of adjustment and appeals, which shall, con-
sist of five members. The board shall be
appointed by the city council.
Section 108.2 is amended to read as follows:
108.2. Membership and Terms.
"Cross reference—Code enforcement, § 2.246 et. seq.
§l 10-46
108.2.1 Membership. Members of the con-
struction board of adjustment and appeals
should be composed of individuals with
kowledge and experience in the technicial
codes, such as design professionals, contrac-
tors or building industry representatives.
A board member shall not act in a case in
which he has. a personal or financial in-
terest.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
date of anpointment. Continued absence of
any member from required meetings of
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set forth
the reasons for its decision, the vote of each
member, the absence of a member and any
failure of a member to vote..
(3) Secton 108.3 is amended to read as follows:
108. 3 Quorum ana voting. A simple ma-
jority of the board shall constitute a
quorum.
Secs. 10-28-10.45. Reserved.
ARTICLE III. OUTDOOR
ENTERTAINMENT
DIVISION 1. GENERALLY
Sec. 10-46. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Outdoor entertainment events means any gath-
ering of groups or persons for the purpose of par -
`Cross references—Code enforcement, § 2.246 et seq.;
parks and recreation, ch. 54; streets, sidewalks and other public
places, ch. 66; buildings and building regulations, ch. 82;
zoning, ch. 110.
CD10:3
CAPE CA-MAYEILA . CODE
-Mg in, viewing, observing, wa*:crinx or Ls.
Cc, to entertainment which Consists of musical
dons, snoring contests or events, fesdvals
ler este_*--ainrnezzt noc conducted within a
etely enclosed st: acture.
No, 23-92, § 1(729.01), 12.1-921
s r 4 e---ezce—Deffnicans and ries of cons=_=oa n-
S
LO -47. Compliance -with other Iaws.
S.;. promoting or conduc:. nz of an out-
iter-,.aiament event shall be in full and com-
ImPliance with all zoning and land use laws
part B of this Code, beverage license laws
zer laws, ordinances and reguladons aunii-
a the city. To. 23-92, § 1(729.04), 12.1-92)
0-48. Penalties for violations.
.ny person who violates, disobeys, omits,
s or refuses to compiv with or whoresists
orcement of any of the sec_ons of this ar-
'I be punished as provided by se man 1-:d.
le ci r counc:i may revoke the spec—i3l our.
tertaLment pe='a granted and all im.
'iy notify the cit;, - w easurer to revoke anv
,anal license upon the acc=rence of a_nv
a of this antler
D. 23-92, § 1(729.07), 12.1-92)
-39. Occupational license recuired.
II be unlawful for any person to stage,
or conduce any outdoor entertainment
the city unless he shall have seared an
onal license as provided for in section
hic':Z occupational license shall be issued
:r issuance of the special encer-.ainment
y the city count;;.
. 23-92, § 1(729.02), 12-1-921,
eiet ence—O=Ucational license taxes.
50. Exceptions.
¢bunch shall have the right to waive
cability and necessity of any of the
sec -article to any outdoor entertai-*iment
.lsored by the recreational boards est. -ah -
the city or any outdoor enter-ainment
mated by a nonproilt org-anizarion, arso-
C;
ation or group if such outdoor emter-ainment
event of such organization. association or p oup
has been sanctioned or approved by the council.
Such sanc-ion and aparoval at an outdoor enter-
tainment event promoted by such organization,
association or group shall be based upon a sui-zi-
cient showing that the sections waived de sTng
with the health, safety and welfare of those in
attendance; as well as the gener ai public, have
been othervise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12.1-92)
Secs. 10.01-10-60. Reserved.
DIVISION 2. PERMIT
Sec. 10-61. Required.
any person desiring to stage, promote or con-
duc-- any outdoor enter -moment event within the
corporate limits of the city shall first sec:ire a
ape` 1 en ter-'-ainmenc per u.it f -
am the city r counc
(Ord. No. 23-92, § 1(729.03(A)), 12.1-92) .
Sec. 10-62. Application.
,An application for a special outdoor enter-ain-
ment permit: shall be submitted in writing to the
C. I council on forms provided for this purpose at
least 4L days in advance of the date of commence-
ment of the outdoor enter-=rrment event for ,vhic h
the pernut is requested, in order to permit the
council to evaluate the appiication in an orderiv
and expeditious manner. i& application shall con-
tain the pians, documents and information szeci-
fed in this section. No permit shall be issued by
the council until receipt and approval of all pia -ns,
documents and information and until the foilowing
minimum conditions are met or such higher con-
ditions as required by the council upon a review of
any unique problems contained in the pians, dcc-
uments and information are mer.,.-
(1)
et:
CD 10:4
(1) Adequate plans for site construction, sani-
tation facilities, sewage disposal, garbage
and refuse disposal, drainage, floodlighting
during darkness, insect. and rodent control,
water supply and food service. For the pur-
poses of evaluating such plans, the stan-
dards established by the rules of the state
AMUSEMENTS AND ENTERTAINMENTS $ 10-62
division of health in the sanitary code of
the state shall be considered as minimum
requirements. For the purroses of this ar-
ticle, part IV, chapter 10D-25, excluding sec-
tions 25.077, 25.078, 25.079, 25.080, of the
Florida Administrative Code and any suc-
ceeding rule, regulation or law shall be con-
sidered specifically applicable to the oper-
ation of an outdoor entertainment event. In
evaluating the plans, the council shall also
consider the applicability of F.S. ch. 386,
part I, and such other provisions of law, the
sanitary code or local ordinances as it may
deem necessary in the interests of the public
health and welfare.
(2) An adequate geographic description and
scale map or plan of the festival site
showing the location of all required facili-
ties, including adequate traffic control and
parking facilities outside the performance
area. Such plans shall provide for at least
one parking space for every five patrons
and for safe transportation of the patrons
from the parking area to the performance
area. No motor vehicie shall be permitted
outside the designated parking area, ex-
cept when necessary to ensure compliance
with this article.
(3) An adequate plan for medical facilities.
There shall be provide one physician li-
censed in this state on duty at all times for
every 2,000 patrons, one nurse licensed in
this state on duty at all times for every
1,000 patrons, one bed or cot for every 200
patrons-, complete and sterile supply of med-
icines, bandages, medical compounds, med-
ical instruments, serums, tape and such
other supplies as are necessary to treat ad-
verse drug reactions, cuts, bruises, abra-
sions, bites, fractures,'infections and other
injuries commonly connected with such out-
door activities.
(4) An adequate plan for internal security,
traffic control, communications, fire protec-
tion and emergency services, including am-
bulance service, in and around the event
area. Such plan shall provide for at least
one person professionally trained in secu-
rity and traffic control on duty at all times
for every 500 patrons, with no security per-
sonnel working more than one eight-hour
shift in any 24--hour period. The plan shall
include a detailed description of the plan of
security, traffic control, communications,
fire protection and emergency services, in-
cluding ambulance service, to be used and
how it is to be implemented, and a detaiIed
background on the training and abilitv of
the personnel to be used in implementing
such plan.
(5) A full and complete disclosure of the finan-
cial backing of the outdoor entertainment
event, including the names of all persons
with a direct or indirect financial interest
in the staging, promoting or conducting of
such event, whether such interest be by
virtue of ownership in any entity staging,
promoting or conducting such event, Status
as an employee of any person staging, pro-
moting or conducting such event or any in-
volvement by which such person stands to
gain or lose financially from such event.
(6) The names of all persons or groups who will
perform at the outdoor entertainment event
and executed copies of all contracts or agree-
ments with such persons or groups.
(7) The names of all persons who will provide
products, materials or services, other than
entertainment, to or at the outdoor enter-
tainment event and executed copies of all
contracts or agreements with such persons.
(8) The exact date and time of commencement
and the exact date and time of the conclu-
sion of the outdoor entertainment event. No
event shall begin before 10:00 a.m. or end
after 10:00 p.m.
(9) A written public liability insurance policy
insuring the person staging, promoting or
conducting the outdoor entertainment event
against any and all claims and demands
made by any person for injuries received in
connection with the staging, promoting,con-
ducting or attendance of or at the outdoor
entertainment event, written within Limits
of not less than $300,000.00 damage or in -
CD-10:5
I-62
CAPE C?NAVEc2?-L CODE
ju-T-Y to any one person for bodi?v =iury or
othe ise, plus $25;000.00 damn e to prop -
e_ --r, and for not less than X500,000.00 for
aamages incurred or claimed by more than
one person for bodily injury or otherwise,
Plus $50,000.00 for damages to proper.-y.The orginai or dupiicaze of such pont: shall
be attached to the application for a suew'al
outdoor entertainment permit, together
with adequate evidence that the premiums
are paid.
i Such additional conditions, citaHa or de-
tailed specifications for the spec._al enter.
tainment permit established by resolution
of the city council as the council may deem
necessary to terry out the intent of this ar-
ticle for the protection of the public health,
morals, safety and general we'fare, in-
ciuding insurance coverage in addition to
the amounts and types of coverage sue-,-
ted in subsection (9) of this se -on.
No. 23-92, § 1(729.03(B)), Z2-1-92; Ord. Na.
1, 2
10.63. Fee.
C, t7 council shall assess, upon the al ng of
pplication for an outdoor entertainment
t, a minimum nonrefundable fee per day as-
hed by resolution of the city counca, and set
in appendix B to this Code.
No. 23-92, § 1(729.05), 12.1-923
10.64. Cash cleanup bond.
Person holding a special outdoor entertain -
pe -,-nit shall deposit with the city Measurer
bond in the amount of W500.00. The cash
.hall be for the e-:cpense of cleaning up any
paper, litter or trash left by the parous at
tdoor entertainment event or by the holder
peanut or his agents, employees or corftrac-
he cash bond shall be returned to the holder
permit upon certification by the cit7,r man-
iat all debris, paper, litter or trash has been
-i from the premises on which the outdoor
anent event was held within 24 hours
he designated conclusion time of the out-
itertainment event and that no damage has
one to the streets, sewers, structures, trees
aria s: r)cerr on such premises or the adjoining
prope=r. Upon failure of the holder of the per=dt
to compiete such cleanup or repair such damage
_r ,,-t
within the 24-hourue period, the city sha-U have
the right to forthwith take such corrective ac on
as it may deem necessary and to deduct the cos: of
cleanup or repair from the amount of the cash
cleanup bond.
(Ord. No. 23-92, § 1(729.06), 12-1-92)
Secs. 10-65-10-$5. Rese:-ved.
IY. ADULT ENMRT_4D.4,1 LEN-T-
DI71SION 1. GLNEILULY
Sec. 10.86. e_fl
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
15
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROPOSAL FROM BREVARD COUNTY PUBLIC WORKS DEPARTMENT TO
CONSTRUCT THE EAST -WEST SECTION OF TOWER BLVD.
DEPT./DIVISION: STREET DEPARTMENT/PUBLIC WORKS
Requested Action:
That the City Council consider approval of the proposal from the Brevard County Public Works Department to
constrict the remaining east -west section of Tower Blvd. in the amount of $81,387.03.
Summary Explanation & Background:
The Brevard County proposal is less than our city engineers estimate of $92,563.
See the attached memo from our public works director recommending approval of this proposal.
I would request that the City Council authorize the use of county road impact fees to fund this project.
Exhibits Attached:
Public works director's memo of 11-09-99
City Manager's Office
[ Bennett Boucher ]
Department STREET DEPT./PUBLIC WORK
g:/admin/council/meeting/1999/11-16-99/tower.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski (EG)
Public Works Director
DATE: November 9, 1999
SUBJECT: City Council Agenda Item for November 16, 1999
Tower Blvd. Construction by Brevard County
Tower Blvd is located along the Banana River beginning west of A1A at Discover Bay
and traveling westward to the City's Treatment Facility then north to West Central Blvd. The
portion of this road from the treatment facility to West Central was completed three years ago.
The section between the treatment facility and A1A is scheduled for construction and is required
to complete the project in a timely manner.
The City's Engineering firm SSA has completed the design and the project was advertised
for Bids. Unfortunately, at the public bid opening held at 4:15 on August 5, 1999, the City of
Cape Canaveral did not receive any bidders for this project. In an attempt to complete this
project the City requested an estimate from Brevard County's Public Works to construct the
remaining portion of Tower Blvd. Attached is the Brevard County's estimate in the amount of
$81,387.03. The City will be required to obtain the necessary permits. Brevard County Public
Works will be able to schedule to begin construction in January 2000 and the project will extend
for about 90 days. SSA engineer's construction estimate was in the amount of $92,563.
Recommend that the City of Cape Canaveral utilize the Brevard County's services for the
construction of Tower Blvd.
Recommend waiving the Bidding process, approval of Brevard County to construct
Tower Blvd for the amount of $81,387.03 and appropriation of the necessary funding.
Attachment
CC: File
City of Cape Canaveral
Construction Site
OCEAN WOODS AREA
Streets
SSA Job No. 99018
Tower Road Drainage Improvements
Construction Cost Comparsion
Mobiliziation
SSA
Quantity Unit
1.00 LS.
SSA Probable Cost (Unit Price)
$ 5,000.00
Brevard Co. R&B Cost (Unit Price)
$ 1,00.00
RKT Constructors Cost (Unit Price)
-
Maintencace of Traffic
SSA
Quantity Unit
1.00 LS.
SSA Probable Cost (Unit Price)
$ 500.00
Brevard Co. R&B Cost (Unit Price)
-
RKT Contructors Cost (Unit Price)
-
Cleaning & Grubbing
SSA
Quantity Unit
1.00 LS.
SSA Probable Cost (Unit Price)
$ 2,000.00
Brevard Co. R&B Cost (Unit Price)
-
RKT Constructors Cost (Unit Price)
$ 2,500.00 /Acre
Embankment
SSA
Quantity Unit
57.00 C.Y.
SSA Probable Cost (Unit Price)
$ 5.00
Brevard Co. R&B Cost (Unit Price)
$ 2.00 /ton
RKT Constructors Cost (Unit Price)
$ 2.00
Excavation
SSA
Quantity Unit
2,731.00 C.Y.
SSA Probable Cost (Unit Price)
$ 3.50
Brevard Co. R&B Cost (Unit Price)
$ 2.00/S.Y.
RKT Constructors Cost (Unit Price)
$ 2.50
1-1/2" Type S-3 A.C.S.C
Quantity Unit
4,315.00 S.Y.
SSA Probable Cost (Unit Price)
$ 3.00
Brevard Co. R&B Cost (Unit Price)
$ 35.35 /Ton* ($2.95 S.Y.)
RKT Constructors Cost (Unit Price)
$ 3.85
8* Cemented Coquina Base (Group 07)
SSA
Quantity Unit
4,490.00 S.Y.
SSA Probable Cost (Unit Price)
$ 7.00
Brevard Co. R&B Cost (Unit Price)
$ 7.00
RKT Constructors Cost (Unit Price)
$ 8.00 **
12" Type "B" Stabilization Subgrade
SSA
Quantity Unit
5,244.00 S.Y.
SSA Probable Cost (Unit Price)
$ 3.00
Brevard Co. R&B Cost (Unit Price)
$ 2.30
RKT Constructors Cost (Unit Price)
$ 3.00
Erosion Control
SSA
Quantity Unit
1.00 L.S.
SSA Probable Cost (Unit Price)
$ 2,000.00
Brevard Co. R&B Cost (Unit Price)
-
RKT Constructors Cost (Unit Price)
-
Sodding
SSA
Quantity Unit
3,845.00 S.Y.
SSA Probable Cost (Unit Price)
$ 2.50
Brevard Co. R&B Cost (Unit Price)
$ 1.50
RKT Constructors Cost (Unit Price)
$ 1.75
Survey
SSA
Quantity Unit
1.00 L.S.
SSA Probable Cost (Unit Price)
$ 3,500.00
Brevard Co. R&B Cost (Unit Price)
$ 2, 500.00
RKT Constructors Cost (Unit Price)
-
Administrative
SSA
Quantity Unit
1.00 L.S.
SSA Probable Cost (Unit Price)
-
Brevard Co. R&B Cost (Unit Price)
$ 2,216.13
RKT Constructors Cost (Unit Price)
* 1 Ton= + 12 S.Y.
** Cost Does Not Include Prime
RKT Prime Cost = $2.00 per gallon
-
st11:d:civil/projects/cape/tower const cost comparison
Tower Road Paving and Drainage Improvements
City of Cape Canaveral
BID SCHEDULE
Item
1
2
3
4
5
6
7
8
9
10
11
Description
Mobilization
Maintenance of Traffic
Clearing and Grubbing
Embankment
Excavation
11 1/2" FDOT Type S -III A.C.S.C.
8" Cemented Coquina Base
12" Stabilized Subgrade "`
Erosion Control
Sodding
Construction Survey
Quantity
1.00
1.00
1.00
57.00
2,731.00
4,315.00
4,490.00
5,244.00
1.00
3,845.00
1.00
Unit
LS
LS
LS
CY
CY
SY
SY
SY
LS
SY
LS
Cost
$ 5,000.00
$ 500.00
$ 2,000.00
$ 5.00
$ 3.50
$ 3.00
$ 7.00
$ 3.00
$ 2,000.00
$ 2.50
$3,500.00
Total Cost
$ 5,000.00
$ 500.00
$ 2,000.00
$ 285.00
$ 9,558.50
$ 12,945.00
$ 31,430.00
$ 15,732.00
$ 2,000.00
$ 9,612.50
$ 3,500.00
Item
*
**
Description
Includes Bituminous Prime Coat
Quantity (S.Y.) Includes 4' Stabilized Shoulders
TOTAL
Total Cost
$
92,563.00
civil_5:d:\projects/990181QUANTITIES.xls\Tower Road BID 00300-1
Oct -13-99
12:35P
City
of
Cape
Canaveral
407-799-3170
P.02
Project Cost Estimates
Project
Materials
M01 100 TOWER ROAD CAPE CANAVERAL
101- 1-1. SURVEY SERVICES (COUNTY)
575- 1. SODDING ARGENTINE BAHIA (NORTH)
120- 3. 1; LATERAL SWALE EXCAVATION (SPECIAL)
160. 4-; TYPE "B" STABILIZATION
285. 707-994; OPTIONAL BASE (BASE GROUP 7) (8" LIMEROCK LBR 100)
100. 3. 02; TYPE ASPHALT (ROAD CAPPING)
100. 5. 3; HAULING (MINIMUM HAULING COST PER CUBIC YARD)
100- 5. 1; HAULING (MINIMUM HAUL COST PER TON)
100. 7; ADMINISTRATIVE
101. 1. 3; MOBILIZATION
Unit Desc Unit Cost Quantity Costs
HR $50.00 50 $2,500.00
SY $1.50 6200 $9,300.00
SY $2.00 3700 $7,400.00
SY $2.30 4500 $10,350.00
SY $7.00 4300 $30,100.00
TN $35.35 374 $13,220.90
CY $2.00 500 $1,000.00
TN $2.00 2150 $4,300.00
LS $2,216.13 1 $2,216.13
LS $1,000.00 1 $1,000.00
Total Costs for Projects:
Total Costs for all Projects:
* Does not include engineering & permitting
or much removal
Post-It Fax Note 7671
To Bennett B
Co/Dept.
Cape Canaveral
Phone #
Fax # 799-3170
Date 10/12 I # of pages > 1
From Ed W.
Co.
Phone # 690-6877
Fax #
Page 1
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
to proceed with implementation.
Item
No.
16
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: WEST CENTRAL BLVD. - BAFFLE BOX PROJECT
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council review and comment on the proposed baffle box stormwater project and authorize staff
to proceed with implementation.
Summary Explanation & Background:
See attached memo from the public works director.
Staff recommends approval.
Exhibits Attached:
Public works director's memo of 11-09-99
City Manager 's Office
[ Bennett Boucher ]
Department
g:/admin/council/meeting/1999/11-16-99/baffle.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski [ EG ]
Public Works Director
DATE: November 9, 1999
SUBJECT: City Council Agenda Item November 16, 1999
SJRWMD Stormwater Grant Construction Concept
The City of Cape Canaveral has entered into a cost sharing agreement with SJRWMD,
contract number 971-1378. This agreement will allow up to $20,000 in cost sharing for the
construction of a stormwater project. On the surface this seem as a simple project, i.e. just dig a
hole and install a box. By not having an updated detailed stormwater program this task
encountered a number of perils.
In the beginning the City is reviewed two locations for the development of a storm water
filtration basin. The first location is located along Center Street. The City is waiting for a
response from the property owner on the feasibility of such a project. The second alternative
location is at the end of International Drive. Both systems under consideration will allow for
storm water to percolate and/or filtrate before discharge into the Banana River. Unfortunately,
both of these ideas had problems with easement and right-of-ways.
The project that has been finalized and designed by SSA is a baffle box system to be
located along the south side of West Central east of the Cannel. Attached is a site map depicting
the project location and an Engineer's construction cost in the amount of $38,928. This project is
within the budget and will meet the Grant Agreement requirements. The Construction of the
project may be by Brevard County, a Change order to the City's current construction Contractor
(Carl Hankins Inc.), or Bidding the project.
Recommend the approval of the baffle box concept & location and direct staff to proceed
in recommending a construction contractor as directed.
Attachment
CC: File
Prepared By: Stottler Stagg & Associates Date Prepared: 10/21/199
Probable Cost Estimate
Central Boulevard Stormwater System Improvements
City of Cape Canaveral
No.
Qty.
Unit
Description..Unit
Cost
Total Cost
1
1
L.S.
Mobilization
$ 5,000.00
$ 5,000.00
2
1
L.S.
Construction Survey
$ 500.00
$ 500.00
3
1
1 L.S.
Laboratory Testing
$ 300.00
$ 300.00
4
1
L.S.
Site Clearing
$ 250.00
$ 250.00
5
1
L.S.
Traffic Maintenance
$ 2,500.00
$ 2,500.00
6
1
L.S.
Dewatering
$ 1,500.00
$ 1,500.00
7
1
L.S.
Erosion Control
$ 500.00
$ 500.00
8
16
L.F.
Removal of Existing 53" x 83" ERCP
$ 100.00
$ 1,600.00
9
1
EA.
Precast Concrete Sediment Control Structure
$ 20,000.00
$ 20,000.00
10
300
S.F.
Sodding
$ 0.30
$ 90.00
11
20
L.F.
Sidewalk Replacement
$ 10.00
$ 200.00
Subtotal
$ 32,440.00
20% Contingency
$ 6,488.00
Grand Total
$ 38,928.00
st11:1d:civillcapelcentral blvd cost estimate
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
17
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROPOSAL FOR CONTRACT ADMINISTRATION & INSPECTION SERVICE FOR REUSE
EXTENSION PHASE III (#1)
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council consider SSA's proposal for contract administration and inspection service for the reuse
extension project in the amount of $20,402.
Summary Explanation & Background:
See attached memo from the public works director.
Staff recommends approval.
Exhibits Attached:
Public works director's memo of 11-08-99; SSA proposal
City Manager 's Office
[ Bennett, Boucher ]
Department WATER RECLAMATION/PUBLIC
WORKS
g:/admin/council/meeting/1999/11-16-99/reuse2. doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: November 9, 1999
RE: City Council Agenda Item for November 16, 1999
Contract Administration and Inspection Service for the Reclaimed Water
Phase III Extension by Stottler Stagg and Associates.
#1
The City of Cape Canaveral Council awarded the Bid 99-03 to Carl Hankins Inc., for the
construction of the Reclaimed Water Phase III Extension. Attached is a proposal from SSA for
the contract administration and inspection service that is recommended for a project of this extent.
SSA was the design engineer of this project and have satisfactory performed contract
administration and inspection service for other City of Cape Canaveral reclaimed water projects.
Funds are available within the Enterprise Impact Fund for this project. This project is 100%
funded by the City of Cape Canaveral without the aid of matching grants.
Recommend the approval of contact administration and inspection service from SSA in the
amount of $20,402.
Attachment
CC: Sandra Sims, City Clerk
file
City of Cape Canaveral
OCEAN WOODS AREA
Phase III EXTENSION
Streets
NOV. -10'99 (WED) 13:14 S. S..A. TEL:407 783 7065 P. 002
November 10, 1999
Mr. Ed Gardulski
City of Cape Canaveral
105 Palk Avenue
Cape Canaveral, FL 32920-0326
SSA
RE: SSA Fee Proposal for Construction Inspection Services for Phase 3 Re -Use Water tine
Dear Ed:
Per your request, SSA is pleased to present our fee proposal for construction inspection services of the
initial Phase 3 Re -Use Line program. In general, SSA will perform contractor coordination and on-site
inspection services on a part-time basis (20±- hours per week for 15 weeks, 300+ hours total) and will also
provide record drawings of completed work. SSA specific scope of services will be as follows:
SSA SCOPE 0F SERVICES
Task 1 • Inspection: SSA's Construction Inspector will observe on-going work to coordinate for the City
that construction is In accordance with design drawings and specificatlons. Daily inspection reports
and photographs will be provided for inspection activities. SSA will also hold pro -construction and
weekly meetings with the Contractor.
SCHEDULES AND FEES
Schedules: upon receipt of written authorization to proceed SSA will coordinate schedules with the
contractor and the City, Once construction starts, it is anticipated that Task will be completed within three
(3) months.
Fees: SSA's fee for Task will be a lump sum of $20,402.00. SSA's fee is broken down as follows:
Project Engineer: 11 hours x $82.00 = $902.00
Field Engineer: 300 hours x $65.00 = $19,500.00
Print costs and photos have been included in the lump sum fee. Fees will be billed monthly and payment
will be due within thirty (30) days of receipt.
Additional work authorized In writing by the City that is not specifically included in this proposal, such as
follow-up coordination work with land owners, contractor special meetings (such as claims), etc., will be
deemed as additional services upon City's written authorization to proceed and will be billed at SSA's
standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for
hourly work and additional printing will be billed with a fifteen percent (15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date of
this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant
STOTTLER STAGG & ASSOCIATIS ARCHITECTS ■ ENGINEERS • PLANNERS, INC.
8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 407-783-11320 Fax 407-783-7065
Lic. #AA0000320 #/C80000763 #LU000670
NOV. -10 99 (WED) 13:15 S. S. A.
TEL:40? 783 7065 P. 003
Mr. Ed Gardulski
November 10, 1999
Page 2 SSA Fee Proposal - Construction Services for Phase 3 Re-Use Water Line
modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the
compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering
professional services on this project shall be limited to a maximum of the net fee received by SSA, not
Including reimbursable expenses and sub-consultants, for all services rendered on the project Should it
become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all
costs of such collections including Attorney's fees,
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants to this Agreement, Neither the City nor
SSA shall assign, sublet or transfer any, interest in this Agreement without the written consent of the other.
The terms and conditions of this proposal are effective through December 15,1999. Acceptance after this
date may necessitate Increased fees or altered conditions,
Ed, your authorization of this proposal can be accomplished by the appropriate City signature below and
our receipt of a signed copy. SSA is looking forward to working with the City on this project in Cape
Canaveral,
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE
Vice President
JAP:JIs
ACCEPTANCE:
BY:
TITLE:
DATE:
" —1 =' io•e: WLLL:HMIo CONT. 407 422 9870 P.01
TOTAL P.01
Meeting Type: Regular
Meeting Date: 11-16-99
AGENDA
Heading
Considerations
Item
No.
18
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DESIGN PROPOSAL FOR PHASE III REUSE ADDITIONS (#2)
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council consider the proposal from SSA to design additional lines for the Phase III reuse project
in the amount of $18,500.
Summary Explanation & Background:
See the attached information on design area and number of service drops. This is a budgeted item.
Staff recommends approval.
Exhibits Attached:
Public works director's memo of 11-09-99; SSA proposal
City Manager' s Office
[ Bennett, Boucher ]
Department WATER RECLAMATION/SSA
PROPOSAL
g/admin/council/meeting1999/11-16-99/reuse.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: November 9, 1999
SUBJECT: City Council Agenda Item for November 16, 1999
Reclaimed Water Phase III Extension Design Additions #2
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 these phases have been substantially
completed. City is on schedule as required by our DEP Operating Permit.
On October 5 1999, City Council awarded Bid 99-03 to construct the Reclaimed Water
Phase III Extension. Due to a high public demand for reclaimed water services to additional
areas, the City of Cape Canaveral requested additional design to extend its services. The City has
received 35 applications for this area. This area has a total of 120 additional potential customers.
Attached is the proposal from SSA and a City of Cape Canaveral Map depicting the additional
locations.
Recommend the approval of the Reclaimed Water Phase III Extension additional Design
Proposal from SSA in the amount of $18,500. Funds have been budgeted in the 1999-2000
Enterprise Capital Account.
Attachment
CC: File
City of Cape Canaveral
OCEAN WOODS AREA
Streets
November 4, 1999
Mr. Bennett C. Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
RECEIVED
NOV - 8 1999
SSA
RE: SSA Fee Proposal for Reclaimed Water Lines - Phase III Extension Designs
Dear Ben:
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to
present our engineering/survey fee proposal for additional extension designs of Cape Canaveral's
reclaimed water (Phase III). In general, the design work will include the following streets:
• Adams - Approximately 2400 I.f. from Poinsetta Ave to beach end
• Jefferson - Approximately 2300 I.f. from Poinsetta Ave to beach end
• Harrison - Approximately 500 I.f. from Magnolia Ave to Ridgewood
• Holman - Approximately 250 I.f. from Holman south to Costa Del Sol
Total extensions - 5,450+ I.f.
SSA plans for these reclaimed water service extensions will incorporate directional drilling with similar
designs as previously submitted on past SSA extension drawings.
SSA will incorporate the following survey criteria into our work:
• To begin the street surveys, both SSA's Chief Surveyor and Designer will ride all streets with
the Public Works Team to review potential obstructions.
• Utilities will be located after "Sunshine One" marks lines in the field. This information will be
incorporated into the construction drawings.
Based on the above, our specific Scope of Services includes the following:
SSA SCOPE OF SERVICES
Task 1 - SSA will perform field surveys to locate potential obstructions along the above streets.
Task 2 - Upon receipt of field data SSA will prepare base drawings showing roadway segments and
measured obstructions.
Task 3 - Reclaimed water line location designs will be prepared for part of the City's contractor bid
package. SSA's construction drawings will include both construction typical sections and
construction notes for the work. Four (4) copies of the plans which reflect proposed horizontal
locations of the reclaimed water lines will be furnished to the City as a part of this service.
Task 4 - SSA will support the City with the bid process and will also provide input at the pre -construction
meeting.
SCHEDULES AND FEES
Schedules: Upon receipt of written authorization to proceed SSA will begin work immediately.
Approximately 45 working days are estimated to complete the drawings. Schedule areas of concern
include "Sunshine One" marking of utilities and any City reviews or public workshops.
Fees: SSA's fee for this work (Tasks 1 - 4 above), will be a lump sum of $18,500.00. Print costs, other
than the four (4) sets, will be billed to the City, at SSA's cost plus a 15% mark-up. Fees will be billed
SFOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC.
8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 407-783-1320 Fax 407-783.7065
Lic. #AAC000329 #EB0000762 #LB0006700
d:/civil/projectslproposal/p-boucher monroe to city limits.doc
Mr. Bennett Boucher
November 4, 1999 SSA Fee Proposal
Page 2 Reclaimed Water - Phase III Extension Designs
monthly based on a percentage of work completed and payment will be due within fifteen (15) days of
receipt.
Additional work authorized in writing by the City that is not specifically included in this proposal, such as
follow-up coordination work with land owners, additional City meetings, etc., will be deemed as additional
services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates or
negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional
printing will be billed with a fifteen percent (15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date
of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant
modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for
the compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering
professional services on this project shall be limited to a maximum of the net fee received by SSA, not
including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it
become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all
costs of such collections including Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants to this Agreement. Neither the City nor
SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the
other.
The terms and conditions of this proposal are effective through January 14, 2000. Acceptance after this
date may necessitate increased fees or altered conditions.
Ben, your authorization of this proposal can be accomplished by the appropriate City signature below and
our receipt of a signed copy. SSA is looking forward to working with the City on this project in Cape
Canaveral. Thanks.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
[ John A. Pekar
John A. Pekar, PE
Vice President
JAP:jIs
cc: Ed Gardulski
Public Works Director
ACCEPTANCE:
BY:
TITLE:
DATE:
d:/civil/projects/proposal/p-boucher monroe to city limits.doc
NGt'. -10 99 TM 13:2: S S. A. TEL:90; 783 7065 P 001
lw
in
0
Meeting Type: Regular Meeting
Meeting Date: November 16, 1999
AGENDA
Heading
Consdiertaion
Item
No.
20
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: FLORIDA COMMUNITIES TRUST — CONCEPTUAL APPROVAL AGREEMENT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council approve the conceptual agreement with the Florida Communities Trust for the Cherie Down
Park Grant.
Summary Explanation & Background:
This is a requirement for the City to proceed with the project.
The City Manager is listed as the key contact person. The City will negotiate the purchase of this property And it
will be titled in the name of the City.
I recommend approval.
Exhibits Attached:
City Manager's Office
[ Bennett, Boucher ]
Department
//Cape-nt/Common.Documents/agenda form.doc
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report november 16 cherie down grant.doc
Florida Communities Trust
November 1, 1999
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920-0326
RE: FCT Project Number 99-046-P9A
Cherie Down North Park
City of Cape Canaveral
Dear Mr. Boucher:
With this letter the Florida Communities Trust (FCT) transmits a copy of the draft Conceptual
Approval Agreement (Agreement) for the above -referenced project. This draft document will be
considered for approval by the FCT Governing Board at its meeting on November 30, 1999.
Please read all of this letter carefully.
It is not necessary to attend this meeting. You may provide written comments regarding your
draft Agreement. All comments, if any, will be presented to the governing board during its
consideration of the Agreement. Written comments must be received no later than Monday,
November 15, 1999.
This Agreement provides the basic framework by which we will move forward to appraise,
acquire and eventually manage the project site. It has been refined over eight funding cycles and
has been proven to lead to successful projects. Sections I through VII are the same for every
project and may not be revised. Section VIII is unique to your project. Once the FCT Governing
Board approves this Agreement, the finalized document will be sent to you for execution.
Once this Agreement is executed by all parties, FCT must be very firm with the deadlines stated
in the Agreement. Be aware that failure to act by the stated deadline may cause your grant to
become null and void. Adhering to all specified deadlines is your responsibility under this
Agreement.
DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850/922-2207 • SUNCOM 292-2207 • FAX 850/921-1747
FLORIDA COMMUNITITES TRUST RECYCLES
Mr. Bennett Boucher
November 1, 1999
Page 2
This Agreement requires that a key contact be identified. Our experience is that an em-
ployee or an official from the local government is the best choice for key contact.
Please read this Agreement very carefully. Make sure you understand the content. Make sure you
observe the dates certain items are due. We strongly recommend that you begin now to schedule
the activities required for your local government to execute this Agreement (e.g. placing item on
commission meeting agenda, signature delegation, etc.).
Please review this draft Conceptual Approval Agreement as soon as possible. If you have any
questions or concerns about language in Sections I through VII, contact Ann Wild, Trust
Counsel, at 850/488-0410. If you have questions or concerns about conditions particular to the
project site in Section VIII, contact your lead evaluator at 850/922-1705.
Sincerely,
Ralph Cantral
Acting Executive Director
RC:jd
Enclosure—Conceptual Approval Agreement (Draft)
FCT Contract # 00 -CT -C4 -99 -9A -A1-046
FLORIDA COMMUNITIES TRUST
P9A AWARD #99-046-P9A
CHERIE DOWN NORTH PARK
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on , the
date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES
TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community
Affairs, and CITY OF CAPE CANAVERAL (Recipient), a local government of the State of
Florida. The intent of this Agreement is to impose terms and conditions on the use of the
proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds
(project site), that are necessary to ensure compliance with applicable Florida law and federal
income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and
Chapter 380, Part III, Florida Statutes (F.S.).
WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, and coastal
management elements of local comprehensive plans, or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments to carry out
projects and activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the
distribution of ten percent (10%) less certain reductions of the net Preservation 2000 Revenue
Bond proceeds to the Department to provide land acquisition grants and loans to local
governments through the FCT;
WHEREAS, the Governor and Cabinet have annually authorized the sale and issuance of
State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds
(Bonds); and Bonds have been annually sold, thereby producing revenues for distribution
according to Section 259.101(3)(c), F.S.;
WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the
Bonds is excluded from the gross income of bondholders for federal income tax purposes;
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WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
the FCT through the Department from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met on September 23, 1999, to score, rank and
select projects that were to receive conceptual approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding and in accordance with Rule Chapter 9K-4, F.A.C., and more
particularly described within this Agreement;
WHEREAS, Rule 9K -4.010(2)(f), F.A.C., authorizes FCT to impose conditions for
funding on those FCT applicants whose projects have been selected for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual
approval that must be satisfied by Recipient prior to the disbursement of any FCT Preservation
2000 funds awarded, as well as the restrictions that are imposed on the project site subsequent to
its acquisition with the FCT Preservation 2000 Series Bond proceeds.
NOW THEREFORE, FCT and Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by the Recipient
and returned to the FCT office at 2555 Shumard Oak Boulevard., Tallahassee, FL 32399-2100, as
soon as possible and before January 14, 2000. Upon receipt of the signed Agreements by FCT,
FCT will execute the Agreements, retain one original copy and return all other copies that have
been executed to the Recipient. If the Recipient requires more than one original document, the
Recipient should photocopy the number of additional copies needed, and then execute each as an
original document.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in FCT application #99-046-P9A. Since the entire
project site has not yet been negotiated for acquisition, some elements of the project are not yet
known, such as the purchase price, other project costs, and the terms upon which an owner will
voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant
contract between the parties. The Agreement describes activities that will be conducted both prior
and subsequent to acquisition of the project site, described in the application that was submitted
and selected for funding by the FCT.
3. Conceptual approval for funding shall be until August 30, 2000. In the event the
project has not been completed in full by August 30, 2000, the Conceptual Approval Agreement
must be extended in order that the grant will remain in effect.
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In advance of the August 30, 2000, date and in sufficient time before a meeting of
the FCT Governing Body that would allow approval of an extension to this Agreement before its
expiration, the Recipient must request a written extension to the Conceptual Approval
Agreement for project continuation in compliance with Rule 9K-4.010(2)0), F.A.C. If the
Recipient does not request an extension, or if an extension is not granted to the Recipient by the
FCT Governing Body, the Preservation 2000 award granted to the Recipient by the FCT
Governing Body shall terminate and all obligations hereunder shall cease.
Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of
funds, and the impact on future funding if expenditures do not timely occur, the FCT requires
that the project be completed as soon as possible after project selection.
4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed 24
months from the date the Agreement was approved by the FCT Governing Body, except as
described in this paragraph. In compliance with Section 380.510(f), F.S., if the project is not
concluded by November 30, 2001, the project shall only be extended if the FCT Governing Body
determines that a request for additional time to complete the project is warranted based upon
Recipient's demonstration that significant progress is being made toward closing the project or
that extenuating circumstances warrant an extension of time.
5. This Agreement may be terminated before its expiration at the written request of
the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to
terminate the project. A request for termination should be mailed to the offices of the FCT at the
address given in paragraph 1 above. The request for termination will be placed on the agenda of
the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT.
The termination shall be acknowledged by the FCT in a letter to the Recipient.
Circumstances may arise that, in the analysis of the FCT, warrant termination of the
project before its completion. In such an event, the FCT will advise the Recipient of its analysis
and will confer with the Recipient on continuation of the project. If the Recipient concurs, a
request for termination will be considered at the next regularly scheduled meeting of the FCT
Governing Body.
6. Recipient agrees to make diligent efforts to submit the documentation to FCT that
is required in this Agreement as soon as is reasonably possible so that the project site may be
acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines
associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to
deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing
Body, may result in delays in the project, may result in allocation of time or resources to other
recipients that responded timely, and may result in this Agreement being voidable. It is the
responsibility of the Recipient to know all project deadlines, to devise a method of monitoring
the project, and to adhere to all deadlines.
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7. The FCT Preservation 2000 award granted to the Recipient will in no event
exceed the lesser of One Hundred Percent (100.00%) of the final total project costs, as defined in
Rule 9K-4.002(30), F.A.C., or Four Hundred Eighty -Two Thousand Dollars And No Cents
$482,000.00), unless the FCT Governing Body approves a different amount, which shall be
reflected in an addendum to this Agreement.
8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate
of total project costs in application #99-046-P9A, as well as limits on awards in the notice of
application period announcing the application cycle. When disbursing funds for the project, the
FCT will recognize the actual total project costs, defined in Rule 9K-4.002(30), F.A.C., for
acquisition of the project site. The total project costs will be reflected on a grant reconciliation
statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at
either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal
reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and
multiplied by the percent stated in paragraph 7 above.
9. The FCT Governing Body has given conceptual approval for funding to acquire
the entire project site identified in the Recipient's application #99-046-P9A. The FCT Governing
Body reserves the right to withdraw the FCT award if the acreage that comprises the project site
is reduced so that the objectives of the acquisition cannot be achieved. Request for modification
of the boundary of the project site identified in the Recipient's application #99-046-P9A may be
considered by the FCT Governing Body following the procedures for submission and review of
boundary modification requests set forth in Rule 9K-4.0105, F.A.C.
If the project site is comprised of multiple parcels, an acquisition plan was required in the
application. The FCT Governing Body reserves the right to withdraw the FCT award if the
priority parcel(s), identified in the acqisition plan prepared pursuant to Rule 9K -4.004(5)(g),
F.A.C., included in application #99-046-P9A, incorporated by reference herein and attached as
Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall
constitute approval of the acquisition plan by FCT.
10. The FCT funds shall be delivered either in the form of eligible project costs
prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the
project site, payable to the Seller or the Seller's designated agent authorized by law to receive
such payment, provided the Comptroller determines that such disbursement is consistent with
good business practices and can be completed in a manner minimizing costs and risks to the State
of Florida. If the project site is comprised of multiple parcels, FCT shall deliver at the closing of
each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT
will prepare a grant reconciliation statement prior to the closing of the project site parcel that will
evidence the amount of local match, if any is required, provided by the Recipient and the portion
of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for
eligible project costs incurred by the FCT will be recognized as part of the FCT grant award
amount on the grant reconciliation statement.
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11. The Recipient's local match, if any is required, shall be delivered either in the
form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented
donation by Seller of land value; or Recipient's warrant at the closing of the project site. If the
project site is comprised of multiple parcels, the Recipient shall deliver at the closing of each
parcel the share of the local match, if any is required, that corresponds to the parcel being closed.
The cash expended by the Recipient for eligible project costs incurred by the Recipient
conducting acquisition activities will be recognized as part of the local match, if any is required,
on the reconciliation statement prepared pursuant to paragraph 10 above. In the event Recipient's
application #99-046-P9A represents that land value is the source of local match, if any is
required, the value attributed to the land local match, if any is required, shall be determined after
an appraisal report that complies with the procedures and requirements set forth in Rule
9K-6.007, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to
FCT funds being delivered for the project.
12. The FCT Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P9A Funding Cycle on June 11, 1999, at which time the
project site became part of a list of lands that were approved for consideration for land
acquisition. If action initiated by the Recipient that is the local government having jurisdiction
over the project site, subsequent to June 11, 1999, results in a governmentally -derived higher
value due to an enhanced highest and best use, the FCT acquisition activities will be terminated
unless the Seller agrees that the appraisal will be done at the highest and best use of the project
site on or before June 11, 1999.
13. Recipient hereby notifies the FCT that the following local government
employee or official is the authorized key contact, or project manager, on behalf of the
Recipient for purposes of coordinating project activities for the duration of the project:
Name: Bennett C Boucher
Title: City Manager
Address: 105 Polk Ave., Cape Canaveral, FL. 32920
Phone: (321) 868-1230 Fax: (321) 799-3170
The Recipient must notify the FCT as to any change in the authorization of the key
contact on behalf of the Recipient named above. This notification must be made in writing to the
Executive Director and signed by the appropriate local government employee, official or
authorized representative named in paragraph II.5.d. below.
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14. This Agreement may be amended at any time prior to FCT giving project plan
approval to the Recipient. Any amendment must be set forth in a written instrument and agreed
to by both the Recipient and FCT. Such amendments shall become a part of this Agreement.
II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF
PROJECT SITE NEGOTIATION
1. The Recipient hereby notifies the FCT that Recipient
[Note: Elect either FCT, Recipient or Recipient Agent] will be the party responsible for all
negotiation and acquisition activities.
2. The Recipient hereby notifies the FCT that the Recipient(s)' Federal Employer
Identification Number(s) is 59-0974636
3. No later than January 14, 2000, the Recipient must deliver to FCT a written
statement from the project site property owner(s) evidencing that the owner(s) is willing to
entertain an offer from the Recipient and FCT.
4. No later than January 14, 2000, the Recipient shall execute a Confidentiality
Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreement is
attached as Exhibit `B"; a Confidentiality Agreement specific to this project will be prepared by
FCT for execution by the Recipient. This Confidentiality Agreement is not a part of this
Agreement and may be amended without amending this Agreement, if needed.
5. By execution of this Agreement, the Recipient affirms that:
a. the Recipient is ready, willing and able to provide the local match, if any is
required;
b. the Recipient reaffirms the representations made in FCT application
#99-046-P9A;
C. the Recipient shall, on the anniversary date of the approval of the project
plan by the FCT Governing Body, prepare and submit to FCT an annual report as required by
Rule 9K-4.013, F.A.C.;
d. the Recipient authorizes the local government
employee, official or authorized representative named in this paragraph to execute
all documents in connection with this project on behalf of the Recipient, including
but not limited to the Conceptual Approval Agreement or any addenda thereto,
purchase agreement for the property, grant reconciliation statement, closing
documents, statements submitted as a part of the project plan, and Grant Award
Agreement pursuant to Rule 9K-6.014(6), F.A.C.:
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Name: Bennett C. Boucher
Title: City Manager
Address: 105 Polk Ave., Cape Canaveral, FL. 32920
Phone: (321) 868-1230
Fax: (321) 799-3170
The Recipient must notify the FCT as to any change in the authorization of the local
government employee, official or representative named in this paragraph to execute all
documents on behalf of the Recipient. This notification must be made in writing to the Executive
Director and signed by the appropriate local government employee, official or authorized
representative.
III. PROJECT PLAN APPROVAL
1. Prior to closing of the real estate transaction and final disbursement of award
funds by FCT, the Recipient must prepare a project plan that complies with Rule 9K-4.011,
F.A.C. This project plan is a compilation of the following items listed below, which must be
reviewed and approved by FCT in a meeting of the FCT Governing Body. In the event that the
Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement
that sets forth the relationship among the partners and the fiscal and management responsibilities
and obligations incurred by each partner for the project site as a part of its project plan.
The project plan shall include, and shall not be considered by FCT unless it includes all of
the following documents, to be reviewed and approved by FCT to ensure that the interest of the
State of Florida will be protected:
a. A purchase agreement for acquisition of the project site, in a form
approved by the FCT staff prior to being executed by the Seller, such agreement fully
executed by both the Seller and the Recipient, that is based on an appraisal or appraisals
prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and otherwise
consistent with the provisions of that rule chapter and in a form and with terms that are
acceptable to FCT. (See Paragraph 1 of Section W below.)
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b. A management plan that complies with the following: written according
to Exhibit "C" (FCT Technical Assistance Bulletin #2—Writing a Management Plan), which is
attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria
and conditions set forth in Section IV, V, VI, VII and VIII hereinbelow; and, at a minimum, sets
forth how the site will be managed to further the purpose of the project, contains a description of
all planned improvements to the project site, identifies the costs of management and site
improvement and funding sources, and identifies the management entity and its funding source.
If the Recipient is not the proposed managing entity, the project plan must also include a
signed agreement between the Recipient and the managing entity stating the managing entity's
willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of funding for management.
c. A statement of the total project cost, including all non-recurring costs of
project development.
d. A statement of the amount of the award being requested from the FCT.
e. A statement from each local government in whose jurisdiction the project
site is located that the project plan is consistent with the local comprehensive plan.
f. Evidence that the conditions imposed as part of the Conceptual Approval
Agreement have been satisfied.
g. An affidavit from the Recipient evidencing that after conducting a diligent
search, the Recipient, to the best of its knowledge, represents that there are no existing or
pending violations of any local, state, regional and federal laws and regulations on the project
site.
2. The FCT strongly encourages the Recipient to request a courtesy review of its
entire project plan, but especially its management plan, well in advance of the meeting of the
FCT Governing Body where the project plan will be considered for approval and funds will be
authorized for disbursement. As a part of its duties to the FCT Governing Body, FCT staff will
make a recommendation of approval of complete and accurate project plans or disapproval of
incomplete or insufficient project plans. Recipient is strongly urged to coordinate with the FCT
staff in order that the FCT review of the management plan coincides with both the anticipated
FCT Governing Body approval and the closing date of the real estate transaction(s) associated
with the project.
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3. Pursuant to 9K -4.011(2)(f), F.A.C., FCT shall withhold project plan approval if
the local comprehensive plan(s) of the Recipient or the Recipient's partner is, for any reason,
found not in compliance by the Department after conceptual approval has been granted by FCT,
unless the Recipient has executed a Compliance Agreement (formerly called a stipulated
settlement agreement) with the Department to resolve all of the issues raised by the Department
in a statement of intent to find a plan not in compliance issued pursuant to Section 163.3184(8),
F.S.
4. Pursuant to Rule 9K-4.011(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project plan
that has received approval for funding and the amount of funding approved. Any person with a
substantial interest that is or may be determined by the decision of the FCT to reject or approve
the project plan may request an administrative proceeding pursuant to Section 120.57, F.S.,
within 21 days from publication of the Notice of Approval for Preservation 2000 funds. Real
estate closings associated with the project may close only after expiration of the 21 -day notice
period, so long as no requests for an administrative proceeding have been filed.
IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER
259, CHAPTER 375, AND CHAPTER 380, PART III, F.S.
RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when the FCT Governing Body
approves and executes the purchase agreement for acquisition of the project site, further
described in Section III.l.a. above, to which FCT is a party.
2. Title to the project site shall be titled in the Recipient, unless the Recipient
specifically requests that title shall permanently vest in the Board of Trustees of the Internal
Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the
Trustees. The Recipient hereby elects that title to the project site shall be vested in City of
Cape Canaveral [Note: Insert either the name of Recipient
or Board of Trustees of Internal Improvement Trust Fund.] If the Recipient elects that title
shall vest in the Trustees, then all acquisition activities shall be administered by the Division of
State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C.
3. The transfer of title to the Recipient for the project site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(l 1), F.S., and Rule
Chapter 9K-6, F.A.C., have been fully complied with by the Recipient and FCT.
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4. Any deed whereby the Recipient acquires title to the project site shall contain or
be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the
use of the project site at all times complies with Section 375.045 and 375.051, F.S.; Section 9,
Article XII of the State Constitution; the applicable bond indenture under which the Bonds were
issued; and any provision of the Internal Revenue Code or the regulations promulgated
thereunder that pertain to tax exempt bonds and shall contain clauses providing for the
conveyance of title to the project site in the Board of Trustees of the Internal Improvement Trust
Fund upon failure to use the project site conveyed thereby for such purposes. Such covenants and
restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement,
prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at
the time of closing of the project site. The recordable Grant Award Agreement shall restate the
conditions that were placed on the project site at the time of project selection and initial grant
approval. All statements contained in the recordable Grant Award Agreement are contained in
this Conceptual Approval Agreement, with the exception of statements that do not survive the
real estate closing of the project site.
5. The Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 4 above and describing the real property subject to the Agreement shall
be executed by the FCT and Recipient at the time of the conveyance of the project site and shall
be recorded in the county in which the project site is located.
6. If any essential term or condition of the Grant Award Agreement is violated, and
the Recipient does not correct the violation within 30 days of written notice of violation, title to
all interest in the project site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The deed transferring title to the project site to the Recipient shall set
forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
7. The interest acquired by the Recipient in the project site shall not serve as security
for any debt of the Recipient.
8. If the existence of the Recipient terminates for any reason, title to all interest in
real property it has acquired with the FCT award shall be conveyed or revert to the Board of
Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with
another local government or nonprofit organization which agrees to accept title to all interest in
and to manage the project site.
9. The project site shall be managed only for the conservation, protection and
enhancement of natural resources and for public outdoor recreation that is compatible with the
conservation, protection and enhancement of the project site, along with other related uses
necessary for the accomplishment of this purpose. The proposed uses for the project site must be
specifically designated in the management plan approved by the FCT as a part of the project plan.
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V. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. Following the acquisition of the project site, the Recipient shall ensure that the
future land use designation assigned to the project site is for a category dedicated to open space,
conservation, or outdoor recreation uses as appropriate. If an amendment to the Recipient's
comprehensive plan is required, the amendment shall be proposed at the next comprehensive
plan amendment cycle available to the Recipient subsequent to the project site's acquisition.
2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and approved
comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
3. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the project site or any use thereof not in conformity with the management plan approved
by the FCT as a part of the project plan.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the project site and the operations of the Recipient at the project site.
5. All buildings, structures, improvements, and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT shall
not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact
the natural resources of the project site. The approval by FCT of the Recipient's management
plan addressing the items mentioned herein shall be considered written approval from FCT.
VI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to
impose conditions for funding on Recipient in order to ensure that the project complies with the
requirements for the use of Preservation 2000 Bond proceeds including without limitation the
provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same
pertain to tax exempt bonds.
2. If the project site is to remain subject, after its acquisition by the Recipient and/or
the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient
shall provide at least 60 days advance written notice of any such transactions, events, and
circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax consequences of such activity or
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interest. Recipient agrees and acknowledges that the following transactions, events, and
circumstances may be disallowed on the project site as they may have negative legal and tax
consequences under Florida law and federal income tax law. The Recipient further agrees and
acknowledges that the following transactions, events, and circumstances may be allowed up to a
certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of
the Internal Revenue Service:
a. any sale or lease of any interest in the project site to any person or
organization;
b. the operation of any concession on the project site by any person or
organization;
c. any sales contract or option to buy things attached to the project site to be
severed from the project site, with any person or organization;
d. any use of the project site by any person other than in such person's
capacity as a member of the general public;
e. any change in the character or use of the project site from that use
expected at the date of the issuance of any series of Bonds from which the disbursement is to be
made;
f. a management contract of the project site with any person or organization;
or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
The foregoing are collectively referred to as the "Disallowable Activities."
VII. DISALLOWABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to time that the Recipient is
engaging or allowing others to engage in disallowable activities on the project site, the Recipient
agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of
written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and
agrees to hold FCT harmless from all claims, causes of action or damages of any nature
whatsoever arising from or with respect to disallowable activities on the project site. Nothing
herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other
rights and remedies at law or in equity, FCT shall have the right to temporary and permanent
injunctions against Recipient for any disallowable activity on the project site.
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DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
The management plan for the project site is mentioned throughout this Agreement, and is
particularly described in Paragraph 1.b. of Section III above. In addition to the various
conditions already described in this Agreement, which apply to all sites acquired with FCT funds,
the management plan shall address the following conditions that are particular to the project site
and result from either representations made in the application that received scoring points or
observations made by the FCT staff during the site visit described in Rule 9K -4.010(2)(f),
F.A.C.:
1. Outdoor recreational facilities including pedestrian walkways, picnic tables,
benches and educational displays shall be provided. The facilities shall be developed in a manner
that allows the general public reasonable access for observation and appreciation of the natural
resources on the project site without causing harm to those resources.
2. A permanent recognition sign shall be maintained in the entrance area of the
Project Site. The sign shall acknowledge that the project site is open to the public and was
purchased with funds from the Florida Communities Trust Preservation 2000 Program. Such
recognition shall also be included in all printed literature and advertising associated with the
project site.
3. Regularly scheduled and ongoing educational programs that promote the
protection of marine sea turtles, beach dune systems and other natural resources shall be provided
at the project site.
4. A survey of vegetative communities and plant species shall be conducted on the
project site. The management plan shall detail how the surveys will be used during development
of the site to ensure the protection, restoration, and preservation of the natural resources on the
project site.
5. The beach dune and coastal scrub communities that occur on the project site shall
be protected to ensure the long-term viability of these vegetative communities.
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6. The project site shall be managed in a manner that protects and enhances habitat
for listed wildlife species that utilize or could potentially utilize the project site, including the
gopher tortoise, nesting marine sea turtles and shore birds. Management of the project site shall
be coordinated with the Florida Fish and Wildlife Conservation Commission for the protection of
listed species and listed species habitat. Periodic surveys of listed species to that use the project
site as habitat shall be conducted to ensure the protection of listed animal species and their
habitat.
7. Vegetative buffers shall be used to ensure that natural resources and outdoor
recreation activities on the project site are sufficiently protected from the adverse impacts of
adjacent land uses.
8. Approximately .95 acres of disturbed upland vegetation on the project site shall be
restored in terms of biological composition and ecological function by removing exotics and
managing the site for natural succession to a native vegetative community.
9. An ongoing monitoring and control program for invasive vegetation including
exotic (non-native) and nuisance native plant species shall be implemented at the project site.
The objective of the control program shall be the elimination of invasive exotic plant species and
the maintenance of a diverse association of native vegetation. The Exotic Pest Plant Council's
List of Florida's Most Invasive Species shall be used to identify invasive exotics on the project
site.
10. A vegetation analysis of the project site shall be performed to determine which
areas of the site need prescribed burning or mechanical clearing to maintain natural
fire -dependent vegetative communities. The development of a prescribed burn plan shall be
coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation
Commission.
11. Prior to the commencement of any proposed development activities, measures will
be taken to determine the presence of any archaeological sites. All planned activities involving
known archaeological sites or potential site areas shall be closely coordinated with the
Department of State, Division of Historic Resources in order to prevent the disturbance of
significant sites.
12. Pedestrian and bicycle access to the project site shall be promoted as an
alternative to automobile transportation by providing pedestrian walkways and bicycle parking
stands.
13. Management of the project site shall be coordinated with management of the
adjacent city -owned Cherie Down Park.
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14. The project site shall be incorporated into an overall management program for the
protection and enhancement of natural and recreational resources along the proposed Indialantic
to Sebastian Inlet S.R. A -1-A Bike Trail.
15. The requirements imposed by other grant program funds that may be sought for
activities associated with the project site shall not conflict with the terms and conditions of this
award.
This Agreement including Exhibits "A", `B" and "C" embodies the entire agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
CITY OF CANAVERAL FLORIDA COMMUNITIES TRUST
By:
Print Name:
Its:
Date
By:
Steven M. Seibert, Chair
Date:
Approved as to Form and Legality:
By:
Print Name:
Approved as to Form and Legality:
By:
Ann J. Wild, Trust Counsel
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"Exhibit B" Contract No:
FCT Project No: [PROJECT NUMBER]
CONFIDENTIALITY AGREEMENT
This is a Confidentiality Agreement ("Agreement") pursuant to Rule 9K-6.010(5), Florida
Administrative Code (F.A.C.).
Parties to the Confidentiality Agreement:
("Recipient'), a State of Florida, and the Florida Communities Trust
("FCT"), a nonregulatory agency within the Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the
project site in FCT application that was selected for funding and is governed by a
Conceptual Approval Agreement for FCT Project Number ("project site").
Confidentiality:
a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "confidential' refers to
information that shall not be available for public disclosure or inspection and is exempt from the
provisions of Section 119.07(1), Florida Statutes (F.S.).
b) The Recipient and its agents shall maintain the confidentiality of all appraisals,
offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section
166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The Recipient may
disclose such confidential information only to the individuals listed herein below.
c) Requests to add persons to the disclosure list must be made in writing and the
Recipient must receive the written consent of the FCT Executive Director and execute an
Addendum to the Agreement. All confidentiality requirements outlined above shall apply to
individuals added to the list.
d) The undersigned board members and staff of the Recipient ("Recipient') and its
agents, if any, agree to maintain the confidentiality of appraisal information, offers and
counter-offers concerning FCT Project Number , as required by Section 125.355 (1)(a),
F.S., for counties, or Section 166.045 (1)(A), F.S., for municipalities, and Rule Chapter 9K-6,
F.A.C., and by this Confidentiality Agreement between the Recipient and FCT.
e) The undersigned certify that they have no legal or beneficial interest in the project site.
Date Recipient Board Member, Signature
Staff or Agent Name
RECIPIENT
By:
(Name)
Its:
Date:
Approved as to Form and Legality:
By:
FLORIDA COMMUNITIES TRUST
By:
Ralph Cantral, Acting Executive Director
Date:
Approved as to Form and Legality:
By:
Trust Counsel