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HomeMy WebLinkAboutAgenda Packet 12-15-1998 (A City of Cape Canaveral CITY COUNCIL REGI..'LAR MEETING -- CITY HALL ANNEX °' AV 111 Polk Avenue, Cape Canaveral, Florida OF CAPE CANAVERAL TUESDAY December 15, 1998 P 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MUSICAL PRESENTATION: Sounds of the Season from Bill Eppley CONSIDERATIONS: 1. Motion to Approve: Regular Meeting Minutes of December 1, 1998 2. Motion to.1pprove: Renewal of Legal Services Contract 3. Motion to Approve: City Manager's Evaluation 4. Motion to Approve: Proposal from Burton & Associates to Update the Sewer Rate Plan and Sewer Impact Fees 5. Motion to Approve: Authorization to Purchase Patriots Park Property 6. ,Motion to Approve: Contribution to Aid the Construction of the Cape Canaveral Library in the amount of$74,231.97 7. Motion to Approve: Street Sweeping Bid 8. Motion to Approve: Lifeguard Agreement with Brevard County RESOLUTIONS: 9. Motion to Approve: Resolution No. 98-40, Comprehensive Plan 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 °"°` "`y`'"k"I e�p�i`b'He �,b''MA&.1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ Or Council Regular Meeting Agenda ecember 15, 1998 Page 2 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING PART I OF THE COMPREHENSIVE PLAN ENTITLED DATA AND ANALYSIS PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, APPLICABLE ADMINISTRATIVE RULES AND ORDINANCE NO. 18-98; PROVIDING FOR AN EFFECTIVE DATE 10. Motion to Approve:Resolution No. 98-41, Library Board Appointments A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ALTERNATE MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES— SECOND READING: 11. Motion to Approve: Ordinance No. 18-98, Comprehensive Plan AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c),WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL REPORT; 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; AiND PROVIDING FOR AN EFFECTIVE DATE. DIS( -TSSION: 12. Reuse Project Status Report 13. Tower Boulevard 14. Arts Council Establishment, Council Member Hernandez REPORTS: 15. City Manager's Report AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting.Citizens will limit their comments to five(5)minutes.The City Council will not take any action under the"Audience To Be Heard"section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: \`,CAPE-NT,cityclerk\Citvclk\AGENDA\REGUL.AR\1998\12-15-98.doc Council Regular Meeting Agenda ecember 15, 1998 Page 3 ADJOURNMENT: Pursuant to Section 2186.1015,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. \\CAPE-N-I'\cityclerk\CityClk\AGENDA\REGULAR11998\12-15-98.doc 9 CES Meeting Type: Regular Meeting Date: 12-15-98 c+ AGENDA Head;ng Considerations CRY OF CAPE CANAVERAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RENEWAL OF LEGAL SERVICES CONTRACT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the renewal of the legal services contract with Attorney Kohn Bennett. Summary Explanation& Background: City Attorney Bennett has requested an hourly rate increase from $70 to $90 per hour for non-litigation work and $90 to $110 for litigation work. There are no language changes within the text of the contract. Please advise. Exhibits Attached: City Attorney's memo of 12/2/98; contract City Nlanpwls Office -; Department LEGISLATIVE g:/ ' council/mee -98/legal.doc LAW OFFICES AMARI & TIMRIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Mariner Square Kohn Bennett Reply To: Cape Canaveral P.O.Box 96 Willard Street, Suite 302 Bradly Roger Bettin,Sr. P.O.Box 1807 Carla Neeley Freitag Cocoa, Florida 32923-1807 Anthony A. Garganese Telephone (407) 639-1320 Mitchell S. Goldman Fax (407)639-6690 J. Wesley Ilowze ---————————— Lee Marinelli * Imperial Plaza Mark S. Peters Suite B104 David M. Presnick 6769 N.Wickham Road Charles R. Steinberg Melbourne,Florida 32940 James S. Theriac, III Telephone (407) 259-6611 Fax(407)259-6624 *Admitted PA,VA, TN only MEMORANDUM TO: Honorable Mayor Randels and Members of the City Council of the City of Cape Canaveral, Florida FROM: Kohn Bennett, City Attorney RE: Proposed Rate Adjustment DATE: December 2, 1998 Since 1994 the law firm of Amari & Theriac, P.A. has had the distinct honor and pleasure to represent the City of Cape Canaveral as its City Attorney. It is our desire to continue to serve in that capacity as long as the City Council wishes. During our tenure as City Attorney, we believe that we have consistently provided the City with legal services that are both cost effective and of the highest quality. We also believe that we have delivered those services with the utmost integrity to the City of Cape Canaveral and its Council Members, employees, and citizens. When our firm was retained by the City, our hourly rates were established at $70 for non-litigation related matters and $90 for litigation related matters. Since that time, the cost of providing legal services has escalated tremendously and law firms across the country, including ours, have made significant upward adjustments to their hourly rates for attorneys. Until today, we have not proposed a rate adjustment with the City. Because of these escalated costs and the fact we are currently providing the City legal services at rates that are significantly below market, we now find it necessary to propose to the City an adjustment in our hourly rates to $90 for non-litigation related matters and $110 for litigation related matters. Honorable Mayor Randels and Members of the City Council of the City of Cape Canaveral, Florida December 2, 1998 Page 2 I trust the following information on hourly rates of local government attorneys in the Central Florida area will provide helpful information for the City Council's consideration of the competitiveness of our proposed hourly rates. Melbourne $85 Deberry $110 West Melbourne $90 Edgewater $110 Titusville Housing Auth. $90/$115 Lit. Lake Mary $110 Melbourne Beach $95 Casselberry $110 Indialantic $95 Oviedo $110 Cocoa RDA $95 Cocoa Labor $125 Cocoa US 1 RDA $95 Tax Collector $125/$150 Lit. Cocoa 626 RDA $95 Supervisor Elections $125/$150 Lit. Cocoa Beach $95 TICO (Airport) $125/$150 Lit. Metropolitan Planning Parrish Medical $125/$150 Lit. Organization (MPO) $95 Altamonte Springs $165 Further, we have enclosed a proposed contract for legal services for the City Council's consideration. We hope the City Council finds our proposed adjustment and contract for legal services acceptable and we look forward to serving the City in the capacity of City Attorney in the future. KB/edr LEGAL SERVICES CONTRACT THIS AGREEMENT, dated this day of December, 1998, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the law firm of AMARI & THERIAC, P.A. ("Firm"), by and through KOHN BENNETT, as a member of the Firm, hereinafter referred to as "City Attorney". 1. EMPLOYMENT. The City hereby employs the Firm and designates Kohn Bennett, Esquire to provide legal services to the City from December 7, 1998, until December 6, 1999, as City Attorney. 2. DEPUTY ATTORNEY. The City Attorney may designate one or more Deputy City Attorneys to assist in the performance of the duties hereinafter specified. 3. PERFORMANCE OF CONTRACT. The City Attorney shall attend all meetings of the City Council; all Code Enforcement Board meetings; all Planning and Zoning Board meetings; all Zoning Board of Adjustment meetings; and Construction Board of Adjustment meetings; or other City Board meetings as may be requested by the City Manager; confer with the City Manager and designated staff as needed; draft and review all ordinances and resolutions as well as all revisions of ordinances; review all contracts; be consulted or apprized as to labor relations and contractual matters arising from same; and consult with respect to all insurance matters. Communications between the City and the City Attorney shall be conducted through the City Manager. City Council members may consult with the City Attorney as needed. Citizens of the City are not authorized to contact the City Attorney regarding City business at any time. The City shall be a priority client of the City Attorney, and the City Attorney shall give City business and problems priority over non-City matters. It is expressly understood that the City Attorney shall avoid potential conflict of interest situations between the City and other clients and otherwise comply with the standards set forth for city attorneys in Chapter 112, Florida Statutes. 4. COMPENSATION. All services performed by the City Attorney on behalf of the City shall be compensated at an hourly rate as follows: (a) Litigation activities, which shall be approved of in advance by the City Council, shall be compensated at an hourly rate of$110.00 per hour; and (b) All other services performed shall be compensated at $90.00 per hour. The City Attorney shall provide detailed billing on the first of each month, and payment shall be made within ten (10) days thereafter. The City Attorney and the Firm shall bill only time spent on City related matters. The City may subcontract other specialties of law if the City Council so directs if the Firm does not specialize in a certain area of law, or if the Firm has a conflict of interest in a particular matter. With respect to litigation, once the amount of $2,500.00 in attorney fees has been expended in any one case, the City Attorney shall consult in closed session, per Florida Statute, with the City Manager and City Council as to whether or not the City shall continue litigation or settle the case. Prior to that time, the City Manager will be apprized of all activity in each particular case, and with the advice and consent of the City Council, will review all actions to be undertaken by the City Attorney on litigation cases. The City Attorney will provide the City Council with quarterly written reports regarding the status of any litigation if the City Attorney is representing the City as attorney of record. 5. BILLING. All detailed billing shall be completed on the first of each month, and the City shall promptly process each bill within ten (10) calendar days. 6. COSTS. All costs incurred by the City Attorney on behalf of the City, such as filing fees, deposition fees, long distance telephone charges, and other out-of-pocket expenses shall be the responsibility of the City. 7. MODIFICATIONS. This Agreement shall be subject to modification at any time upon written mutual consent of the parties thereto. 2 8. SEMINARS. The City Attorney agrees to provide, during the term of this Agreement, two (2) seminars to employees or volunteers of the City at no additional consideration. 9. TERMS OF AGREEMENT. This Agreement is renewable on an annual basis on the anniversary date of this Agreement. The Agreement may be terminated upon thirty (30) days' notice by either party. 10. HOLD HARMLESS CLAUSE. The City, City Attorney, and the Firm each indemnify and hold each Qther harmless from any and all manner of action and actions, cause and causes of actions, suits, trespasses,judgments, executions, claims and demands, and losses and damages, costs and expenses of any kind whatsoever, including reasonable attorneys' fees and court costs which may be claimed by any third parry to have resulted from or arise out of the intentional or negligent acts of the employees, officers or agents of each other, whether occurring before or after the City, City Attorney, and the Firm assumed the obligations of this Agreement. ATTEST: CITY OF CAPE CANAVERAL By: Sandra O. Sims, CITY CLERK Rocky Randels, MAYOR WITNESSES: AMARI & THERIAC, P.A. By: WITNESSES: KOHN BENNETT, City Attorney 3 S4A�E 'd Meetin.rrype: Regular r� Meeting Date: 12-15-98 r r" AGENDA 't Heading Considerations CrW OF CAFE CANAVERAL item g No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CITY MANAGER'S EVALUATION DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review, comment and approve the evaluation of the city manager. Summary Explanation& Background: Per my employment contract with the city, this is the time when the mayor and council members provide valuable feedback to the city manager on various points within the evaluation process. I wish to thank everyone for their input and suggestions and for working together for the benefit of our community. Exhibits Attached: Evaluations City M e s Offices -� Department LEGISLATIVE g:/ad cd/meetin /19 /12- aluation.doc 0or MEMORANDUM DATE: OCTOBER 27, 1998 TO: BENNETT C. BOUCHER CITY MANAGER FROM: ROCKY RANDELS — MAYOR SUBJECT: ANNUAL CITY MANAGER EVALUATION In reference to the annual city manager evaluation, I would like to change the terminology of each of the five ratings you have asked us to utilize. Instead of the suggested scale of evaluation being(1) Poor, (2)Fair, (3) Good, (4)Very Good and (5)Excellent, I would like to use the same five numbers, but assign them a better definition as follows: Outstanding: (5.0)Exceptional in all areas; makes extraordinary contributions to the work unit; superior Excellent: (4.0)Exceeds position requirements; high quality; consistent Meets Expectations: (3.0) Competent level of performance; meets standards Needs Improvement(2.0) Deficient in some areas; improvement is needed Unsatisfactory: (1.0) Unacceptable; requires on-going attention;fails to demonstrate sufficient ability to perform job satisfactorily. My overall evaluation of our city manager's performance for the FY 1997/98 is one of Excellent. I understand the definition of Excellent in this format expresses the idea that he exceeds position requirements and his work is of high quality and completed in a consistent manner. Based upon his very positive performance for the past year, I have confidence in his ability to implement the decisions and policies of council for the future FY 1998/99. RR:kmm Attachment City Manager Evaluation Report Comments: r' Je C? 1, + ' - U Planning 1. Establishes a process of planning in anticipation of future needs and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: ( t L4-b S r �.J Staffing 1. Recruits and retains qualified personnel for City positions. 2. Initiates corrective action to improve job performance, when needed . 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. Comments: G'\CityClk`,Pmonnel\Evaluations\CMGRFOR.M DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. �j Comments: `3�' I �- Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. j 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: t ( r n-.&_- 1 G'TityClk`.Personnel'.Evaluations\CMGRFORM.DOC City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the �— City. 2. Reports are accurate and comprehensive. P p 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: G- Ze_ C� Citizen and Intergovernmental Relations 4- 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of 4 concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate 5 to the City. Comments: Y' K c y _ C Professional/Personal Characteristics 1. Invests sufficient effort and time in being g g diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. G:`,CityClk'.Personnel\,Evaluations`,CMGRFORM-DOC City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: I VIA J Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: �� I k :? � e 'CC 1 4�, i 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: L l 3. Two things that the Manager does now that I would most like him to continue: a. G`.City 01 ers--,Evaluations`.CMGRFORM.DOC City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: a. �- b. 5. Two things that the Manager does not do now that I would most like him to do: a. r b_ � � tt�7C' Ldhr l � I me d Title of Person Performing Evaluation Date ! G.`.CityClk\Personnel\Evaluations`,CMGRFORM.DOC CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1)poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1998 City Manager-Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. J 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. 7) Comments: I cv- Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. �j Cl CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an"N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1998 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 4 2. Initiates/maintains effective professional relationships with Department 5 Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Prepares agenda items needing council action for our decision; implements most items in a timely manner. Excellent relationship with department heads; has daily discussions and holds staff meetings after council meetings to set in place the preceding night's items. Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 4 2. Administers the adopted budget within approved revenues and 5 expenditures. 3. Plans, organizes and supervises the most economic utilization of manpower, materials, and machinery/equipment. 4 4. Prepares reports for Council that provide the most up-to-date data 5 available concerning expenditures and revenue. City Manager Evaluation Report Z Comments: Proposed budget is prepared from manager's insight as to what is needed to operate the city. I would like to see more acceptance being given to council requests for specific items. Planning 1. Establishes a process of planning in anticipation of future needs and problems. 5 2. Participates in the establishment of reasonable goals/objectives for the 4 City and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City Manager in a timely and professional manner. 4 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. 4 Comments: He knows what to do and does it. The city has made great progress in recent years. His pursuit of the computer area has moved us into being ready for the year 2000. Staffing 1. Recruits and retains competent personnel for City positions. 5 2. Initiates corrective action to improve job performance, when needed . 4 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions and union negotiations. 4 Comments: The results of his interviews for new positions has netted us some excellent people. The retention loss is understandable due to skilled employees seeking the best pay reward or their eftorts. He has been receptive to council's request to update the personnel policy. A:`,CMEVAL.DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own 4 jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 3 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. 5 Comments: I see the position of city manager as one of providing leadership, not one of supervision. I believe more decision making needs to be given to department heads. In routine questions I have asked of department heads, they frequently offer to my question, "let me check with the city manager." Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 4 2. Adequately informs the Council of current issues. 4 3. Accepts and responds to constructive criticism and advice. 4 4. Carnes out the directives of the Council as a whole, rather than those of any individual Council Member. 4 5. Assumes responsibility for staff performance. 5 Comments: City manager has a good relationship with council and is aware that political issues can create a view of possible partiality to an individual member. Perhaps continue to increase the use of E-mail to all members at one time. This will give all members the same opportunity for information. Perhaps the city should consider paying monthly tee o to provide Internet service for a council members. AACMEVALLOC City Manager Evaluation Report �4 Reporting 1. Provides the Council with reports concerning matters of importance to the G City. 4 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. 4 Comments: I feel I receive information about current items because I am in city hall every day. Council members do not have the time to do this. E-mail may correct this. He makes good recommendations to council Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt 2 manner. 2. Willingness to meet with members of the community and discuss issues of 5 concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate 5 to the City. Comments: When he receives a citizen complaint, many times it has to be referred to a department head which isn't always acted upon quickly. Needed is a tracking file of when these were sent to department heads and current status (example: recent lifeguard chair on beach) . During review of this evaluation, city manager brought to my attention a progrtn curreDtl�y being implemented to improve this through computer Professional/Persona aracteristics technology 1. Invests sufficient effort and time in being diligent and thorough in the 4 performance of job responsibilities. 5 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. A:\CMEVAL.DOC City Manager Evaluation Report 3. Demonstrates professional personal appearance. 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: He is respected by his peers of city and county managers. The City of Cape Canaveral has one of the highest visibilities in a positive manner of the cities not only in our county, but the entire State of Florida. Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: Completion of reuse avaailability to entire occupied city. Strong point is his low key manner of accomplishing the given task without controversy. Finest accomplishments this year have been in the area of appearance in our city through code enforcement and the efforts by the Sheriff's Department to establish a zero tolerance for the sale of drugs in our city. 2. What areas do you observe most need improvement? Why?Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: Vacant property that is not maintained by permitting pepper trees to overtake natural vegetation. Require land owners to remove from their undeveloped lan all nuisance species that are not native vegetation. 3. Two things that the Manager does now that I would most like him to continue: a. Require that the Sheriff's DEpartment step up the attention on drug activities. Encourage community policing activities for visibility to residents so they can see what their return is on their tax money they trust to us. AAC EVAL.DOC City Manager Evaluation Report (IQ b. Continue the city's improvement in appearance as viewed by residents; such as, sidewalks and code enforcement. Continue to support building department efforts. C. Continue to move us into the future with electronics. Our employees need to keep current in training opportunities for the new equipment. 4. Two things that the Manager does now that I would most like him to discontinue: a. Move beyond the area of stalling projects if they are not personally favorable to you. I view the council as accountable and responsible for the decisions and the city manager's responsibility is to implement the ideas. LTry not to pigion hold items for future decisions as they become delinquent. amples: Holman Road, approval of training classes, temporary church signs, fence at lift station, Discovery Bay. 5. Two things that the Manager does not do now that I would most like him to do: a• Establish annual priorities for city to accomplish and next year's evaluation, use this category as one of evaluation areas. b• Change current category of supervision to leadership; more appropriately describes his task. Try to shift more from attitude of employee to employer. C. Consider computer training videos available for employees self-training improvement. October 17, 1998 Name and Title of Person Performing Evaluation Date The city manager was asked by me to evaluate my performance and suggest ideas that would be of benefit to him that I could improve upon next year. Suggestions that I will implement: 1) Establish a set aside period of time every week to meet with residents and department heads. 2) Reduce my action list of items that I perceive needing attention and rather than completing an action paper trail, give the item to city manager and he will e-mail information to department head. Pending date will be set in motion for follow up in a timely manner. 3) Give more time for completion of items before I ask what the status is. Allow people to do their job and establish priorities rather than responding to the request becasue it was from me. A:\CM-EVAL.DOC CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1998 City Manager- Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Ll Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: &10 4eS '% AUe Iq 6�,c;4 ff64Os Fiscal Management 1. Plans and organizes the preparation of an annual budget with 5� documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. i� City Manager Evaluation Report Comments: 011ce44-L- X-116211'L'15Lp L167- /S l✓X/ Planning 1. Establishes a process of planning in anticipation of future needs and K, problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City Ll Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the LJ implementation of all city goals/objectives. Comments: / � %' C'CZ47S ?►N`L 4,!,),v/7-412 /C�ia'/' 404 L g llk; -motif 4W-6 44G� •�S iS3��" TffgT 1141 X11 ,6F AOWAe Y -/ 67— /SLG `7i 6 Staffing 1. Recruits and retains qualified personnel for City positions. 3 2. Initiates corrective action to improve job performance, when needed . �� u 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. Comments: AL `l'If - o9/Ve&,1z1,7— Z4,,r- A 6-7-&t &O-Zt A1'T1 o 66'1 -7-o U/1'.'LW /VC G 0 7-14 7-roA✓5 F\Cape-nt,cityclerk�CityClk`Personnel\EvaluationssCMGRFORM_DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. q Comments: �' .v.���<<� E GE-oLl /Z79n i9 cEm�' d--Vec L07. Zf6A+2S LA:yfoclS hi eZIZ47£• Ltl�49S Relations with Council l.. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: '41)dl7J 4L v'.S G)F -,5-/P'9/Z- �7- /epc Ae- i'L,)a ) i L L 4ti' c" SEti:i f1 L l fSv'E S � AT 412E 44WK-GS CQ Z�Z /Y AAir4 6/ �'�✓ A �Z�ic2sis i 9 1)MA)&,- crT%�s Oce �. C L1/a%!� /.IL�SS/9yC � 1).f S4�G S /�tiiilC c�1?/l/1 /J/e-C'G�S"ij�4 %C} my \\Cape-nt�cityclerk\CityClk\Personnel\Evaluations\CMGRFORM.DOC City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the 41 City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: eee2KT l&-' Q(,)C) A17itllv 7 "%e5- .ere kre T C�r�Jc` 70 �€�1-t� /d/yl /�' C���S /� %/t/yy/.g1ATi�/✓ Iq/U, AJ,-C' ijV CS T/e,,704- Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate 7 to the City. Comments: �/I/�iyC/J'rE�✓S 1A) ALL 7 C-S C J'E A•S �,/ ZC% 40 /c'e ('00 -,P Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the Z/ performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. !\Cape-nt.Cityclerk\CityClk)Personnel\Evaluations\CMGRFORM DOC City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: �t,�c ,%i �, E c /n��t �r✓ate fr�„xT Li• 7�;.'/tib C_:%+'✓F E.��l-✓Ce-Lf Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 4e. 4SC ZINe-t'; /^/S%A /1� . f. C% l �,�iy i J `�Z,a,� f79rJ� �r t.�i✓ �'t��Jii.✓�lJ 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: ApD1.717OUAL A 6'(fc 1�Ud�>/a��r�'/Err : (U��vir�TY /�%LiCi�G D)GUE"e (j �r+/rdc A G%�=•4T ✓�' d'G� ��L'k' fin/ ✓'-E FO/tcC Nt i�-l3-5 70 d`f/�•v C'G/!�/rlu;��� S't/�ULl'C/YIEiV% �E-,r�;ir✓r� / /�•F/_'J��� iE'. QTS �r12 72l j 3. Two things that the Manager does now that I would most like him to continue: a. A- itis 74 CIAs 7 /�c� -57--- /1��i✓�S �/'•�✓T�� �P/�iv��,2�N%S b. C'�-y;7n/c�c� DC-vac-cr��i�G EtS/'%!/� t3O`c- y"'moi (�.'r7�tdvi //V e Wjc -7 7q \\Cape-nt\cityclerk\CityC]k\Personnel\Evaluations\CNGRFORM DOC City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: a. ACrd r �'��n�t/n1A�r dA; /yr rd ra l'cry r 1 b. 5. Two things that the Manager does not do now that I would most like him to do: a. // ✓r �'y i �>&/!�z Nc=-5-40S bl'1�� /Ir10��. ,��1 r4�7r/G'c'" /sfl�Tjl 7�i� �v�/iY t'.`�T C�/YJ!/YI!/!7/-'7�� ,�/✓� Q rr ZJa�,Q,�/ r.> ✓ C'c,rn/Y�E.c� S 77fiYr GNE' ,q/��' U:+%�/'��tr1D ju ee /'I/o Name and Title of Person Performing Evaluation Date `d.Cape-ntAcityclerkVCityClkVPersonneP.EvaluationsVC MGRFORM.DOC CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4)very good, (5) excellent (Note: If unable to rate a particular item, place an"N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1998 City Manager-Name Evaluation Due Date Organizational Management 4 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department 4 Heads. Demonstrates knowledge/understanding of Departmental operations. Mr . Boucher has always followed through with the Comments: directives of the city council . Fiscal Management 1. Plans and organizes the preparation of an annual budget with 5 documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and 5 expenditures. 3. Plans, organizes and supervises the most economic utilization of staff, 4 materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data 5 available concerning expenditures and revenue. City Manager Evaluation Report Mr . Boucher has always prepared an excellent budget Comments: and supplies updates as needed with enough detail to allow council to follow planned expenditures . Planning I. Establishes a process of planning in anticipation of future needs and 4 problems. 2. Participates in the establishment of reasonable goals/objectives for the City 4 and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City Manager in a timely and professional manner. 4 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. 4 Mr . Boucher has done a very good job of planning Comments: and assisting with the achievement of planned goals . Staffing N/0 I. Recruits and retains qualified personnel for City positions. 2. Initiates corrective action to improve job performance, when needed . 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. I have no direct knowledge of Mr . Boucher ' s activities Comments: in this area . \\CAPE-N%atyclerMCityClk cmnneAEvdmfions\CMGRFORM.DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own 3 jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 3 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. 4 Comments: Mr . Boucher seems to have a very good relationship with department heads and other employees . Relations with Council 1. Responds to requests for information or assistance by the Council and/or 4 by individual Council Members. 2. Adequately informs the Council of current issues. 4 3. Accepts and responds to constructive criticism and advice. 4 4. Carries out the directives of the Council as a whole, rather than those of 4 any individual Council Member. 5. Assumes responsibility for staff performance. 4 Comments: . Mr . Boucher has always been responsive to me and has kept me apprised of issues of importance k\C,kPE-marycicrk\CityCB PemonnerTvahabons\CMc2FOP,M.Doc City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of 4 government, professional associations and civic groups/organizations. To the best of my knowledge, Mr. Boucher has always presented Comments: himself and the city positively to other units of government and civic grrniI)s_ Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: We have a strong financial position and the maintenance of this condition are the result of his strong financial management. 2. What areas do you observe most need improvement?Why?Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Continue to provide leadership to the other department heads and Comments: miintain a positive interactive relationship with all employees. 3. Two things that the Manager does now that I would most like him to continue: a Strong fiscal management. Responsive, positive action on all personnell issues. b. \\CAPE-M-,dtycle&Ci yclliPa meEvahmti ru\CMGP.FOP,M.Doc City Manager Evaluation Report Reporting 4 1. Provides the Council with reports concerning matters of importance to the City. 4 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when 4 requested by Council. Mr . Boucher has done a very good job of reporting matters of Comments: importance to the city . Citizen and Intergovernmental Relations 3 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of 3 concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open 3 communications with other municipalities in areas that may affect or relate to the City. I think Mr . Boucher does a good job in keeping Comments: in touch with our community and neighboring cities . Professional/Personal Characteristics 3 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 3 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 3 \\CAPE-MP=tyclerk\City(WasonndlEvsluationslCMGRFORM.DOC City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: N/A a. b. 5. Two things that the Manager does not do now that I would most like him to do: a. N/A b. Burt Bruns 10/27/98 Name and Title of Person Performing Evaluation Date \\CAPE-Wr4itycle&CityC6:\Petsofinel\Ev"tio \CMGRFORM.DOC DEC-09-98 02 :08 PM TONY HERNANDEZ, III 407 799 4266 P. 02 Dec-07-98 03:3,•p City of Cape Canaveral 407-799-3170 P.01 CITY OF CAPE CANAVERAL i CI`T'Y MANACIER EVALUATION i Raze each itern on the evaluntion sheet bawd on the following scale: (1)poor, (2)fair, (3) good, (4)very good, (5) excollem I (Noce if unable to rate a particular item, place an"N/O"which indicates that tilt particular itemliisue has not been observed by the rater.) I� Benr.ett Beuchrr September 19. Cite RManjger-Name _ Evaluation Due Dat— e T Organizational Management i i. flans and org=izes wank that implernents the policies of the City Council. 2. Initiates/main:sins effective prof0ssional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental .speration,. ---- Comrnent>: � a� i Fiscal Management i 1. Plans and organizes the preparaticm of an annual budget% ith documentation.etcthat conforms to guidelines adopted by the Council. 2. Administers the adopted budget within appro-�ed revenue;and expendituteb. _ 3. Plans,organizes and supervises the most economic utilization of manpoivcr,materials,and machinery/equipment. _ 4. Prepares reports for Council that provide the most up-w-date data available concerning expenditures and ro%enue. i DEC-09-98 02 :08 PM TONY HERNANDEZ. III 407 799 4266 P. 03 Dec-07-98 03:35p City of Cape Canaveral 407-799-3170 P•O2 City hlanaget Evaluation Report Comments: I i Planning I. Fstabl;shes a process of planning in anticipation of Acture needs and problems. ?. Participates in the establishment of reasonable goals/obit0ives for the City and each of its Departments. ! 3. Achieves Soals/objectives which arc the direct responsibility of the City Manager in a limel) and professional manner. 4. Assists and coordinates m-ith the City Council and staff in the impletnen,ation of all city goals/objectives. I Currmcnts: r I I Staffing I Recruits and retains comp;tent personnel for City positions. Initiates corrective action to improve job performance,when needed . 3. Effectively mansges personnel issues including employee irLsursnce. C fringe benefits. promotions.pensions and union negotiations i Comments: I DEC-09-98 02 :09 PM TONY HERNANDEZ, III 407 799 4266 P. 04 Oea-07-9e 03 :35P City of Gape Canaveral 407-799-3170 P .03 i City Manager EVIOU-6ori Retort I Supervision I. Encourages Depa�:rnent Heads to casks detision,within Chair eNtitt ,jurisdictions.without City Manager approval. yet maintains appropriate control of administrative operations. Instills confidence and initiative in subord.. aces and emphasizes support I' rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Com, -nents, Relations with Council i 1. Responds to requests for information or assistance by the Council andlor I by indit idual Council Members, i ?. Adequately informs the Council of current issues. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Cauncil as a whole.rather than those of any individual Council Member. S. Assumes responsibility for staff performance. Comments: r� �.y-1rLl``. L..�`/�. .i.,�� �.�.J�-=` c-•—J C=— tom'---�� a LvF vRI CCC ' DEC-09-98 02 :09 PM TONY HERNANDEZ, III 407 799 4266 P. 05 Dec-07-9e 03:35P City of Cape Canaveral 407-799-3170 P.04 city him(ager>rvatuation Repon Repotting 1. Providei the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive, ; I 3. Reports are generally produced through wwn initiative, as well as when rcquestcd by Council. _ Comments: [� C ,! Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt rnannrr. �� 2. Willingness to meet with members ofthr conimunity turd discuss issue_of -.-� concern; initiates follow-up as appropriate 3. Cooperates %vith neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Con,m�nts: I Profesisional(Personal Characteristics � I. Invests sufIic+ent effort and time in being diligent and thorough in the --��- performance of-'cb responsibititics. 2 Demonstrates vAllingness To attend sem1rar3l onferences to be kept info-,med(if new legislation, methods and techniques. I A('MF.V l( DOC I DEC-09-98 02 :09 PM TONY HERNANDE?, III 407 799 4266 P. 06 Dec-07-98 03 :36P City of Cape Canaveral 407-799-3170 P.05 City Manager Evaluation Rrport 3. Demon3trates professional personal Appetuance- I� 4. Professional presence -Adequately represents the City with other un;ts of government, professional associations and civic groupworganizations. L'I Comments: >� `Zyel fl Council Observations f i. During the coming year,in what can the Cit; Manager take the greatest pride.?What�0 you observe are his strongest points and finest accomplishments this year? I Comments: 641 5- � j r (L 2. What arcai co fou observe most need improvement'' Why?Do you have any � conslructive, sitive ideas as to how the city Manager can improve these areas? Comments: _ _ Xnej- ` C 3. Two things thtst the Lianeger does now that 1 would most like him to continue: a. n i -- 01 - T I ♦ CMF DEC-09-98 02 : 10 PM TONY HERNANDEZ. III 407 799 4266 P. 07 Ue--07-98 03 :36P city of Cape Canaveral 407-799-3170 P.06 C Cir, Mar.aje, E�aivation Repan b. 4. l'wo things that the Manager does nay,that I would most like iccontinue: a. r. 5 Two things that the Matinger does not do now that I would st like him to do: a. b. r i �. 1 ant a Title of Person Pe Tyung Evaluation Date E Meeting Type: Regular Meeting Date: 12-15-98 r r � AGENDA Heading Considerations CITY OF CAPE CANAVERAL item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: UPDATE OF SEWER RATE PLAN AND SEWER IMPACT FEES DEPT./DIVISION: WASTEWATER/PUBLIC WORKS Reqdested Action: That the City Council consider the proposal from Burton & Associates to update the sewer rate plan and sewer impact fees in the amount of $14,985, and to consider an option establishing a reuse water rate for Port Canaveral in the amount of$2,500. Summary Explanation & Background: Burton & Associates developed our current rate plan and this proposed scope of services will update this plan and the sewer impact fees. Mr. Burton will be in attendance to answer any questions you may have. It is important that the City Council periodically review the rate plan and impact fee structure to ensure compliance with our debt service coverage and our ability to fund operations and capital requirements of our utility The rate plan and impact fee study is a budgeted item. The $2,500 for the port reuse rate would come out of the sewer contingency and be incorporated into the reuse rate, when established by the City Council. I recommend approval. Exhibits Attached: Burton &Associates proposal dated 11/25/98 City Ma �s'Office = Department WASTEWATER/PUBLIC WORKS g:/admi cil/meeti /1998/ /sewer.doc E Meeting Type: Regular Meeting Date: 12-15-98 r r � AGENDA Heading Considerations CITY OF CAPE CANAVERAL item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: UPDATE OF SEWER RATE PLAN AND SEWER IMPACT FEES DEPT./DIVISION: WASTEWATER/PUBLIC WORKS Reqdested Action: That the City Council consider the proposal from Burton & Associates to update the sewer rate plan and sewer impact fees in the amount of $14,985, and to consider an option establishing a reuse water rate for Port Canaveral in the amount of$2,500. Summary Explanation & Background: Burton & Associates developed our current rate plan and this proposed scope of services will update this plan and the sewer impact fees. Mr. Burton will be in attendance to answer any questions you may have. It is important that the City Council periodically review the rate plan and impact fee structure to ensure compliance with our debt service coverage and our ability to fund operations and capital requirements of our utility The rate plan and impact fee study is a budgeted item. The $2,500 for the port reuse rate would come out of the sewer contingency and be incorporated into the reuse rate, when established by the City Council. I recommend approval. Exhibits Attached: Burton &Associates proposal dated 11/25/98 City Ma �s'Office = Department WASTEWATER/PUBLIC WORKS g:/admi cil/meeti /1998/ /sewer.doc BURTON & November 25, 1998 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Proposal to conduct a Wastewater Revenue Sufficiency Analysis and Impact Fee Update Dear Mr. Boucher: It was a pleasure speaking with you recently regarding your desire for us to present you with the above referenced proposal. This letter is in response to that request. I have prepared a Project Workplan & Cost Estimate schedule, attached, which presents our proposed workplan and cost estimate for this project. This schedule shows that completion of the project will require approximately 161 manhours for an estimated fee of$14,985. No additional amounts for expenses will be charged as expenses are factored into our rates. The results of this project will be 1) a five year revenue sufficiency analysis with identification of projected annual rate increases needed(if any),unrestricted reserve fund balances, annual debt service coverage provided and a detailed analysis of funding sources for projects identified in the five year capital improvements program (CIP), and 2) an updated analysis of the City's wastewater impact fees. All project results will be reviewed with City staff in interactive work sessions and similar presentations will be made to the City Council. Therefore, we are prepared to complete this project for a lump sum fee of$14,985. Billings will be made monthly based upon percentage completion. We are prepared to begin work immediately upon receipt of a notice to proceed. If the terms of this proposal are acceptable to you, please indicate by affixing the appropriate signature where indicated on the following page and returning one executed original to me for our files. 440 Osceola Avenue ■ Jacksonville Beach, Florida 32250 0 904/247-0787 Mr. Bennet Boucher November 25, 1998 Page 2 We look forward to the opportunity to again be of service to the City of Cape Canaveral. If you have any questions about this proposal, please do not hesitate to call me at (904) 247-0787. Very truly yours, Michael E. Burton President MEB/en Scope & Cost Summary Burton&Associates will conduct a five year wastewater revenue sufficiency analysis and impact fee update for the City of Cape Canaveral. The total cost of this project will be a lump sum fee of $14,985. Invoices will be issued monthly based upon percentage completion. Accgpted for Burton &Associates, Inc. ixz a f� /"Michael E. Burton Dat President Acceptedfor the City of Cape Canaveral Mr. Bennett Boucher Date City Manager Figure 3 Page 1 of 1 CITY OF CAPE CANAVERAL WASTEWATER REVENUE SUFFICIENCY ANALYSIS AND IMPACT FEE UPDATE PROJECT WORKPLAN&COST ESTIMATE ESTIMATED MANHOURS PROJECT TASKS PROJECT PROJECT TOTAL DIRECTOR STAFF CLERICAL PROJECT /-IOU!/ /212-- $125 $85 $35 TASK 1- INITIATE THE PROJECT Fee $420 Exp._ 0 1.1 Conduct project kick-off meeting to confirm objective,scope,schedule and project Total $420 responsibilities 2 2 0 4 TASK 2- CONDUCT FIVE YEAR REVENUE SUFFICIENCY ANALYSIS Fee $8,515 Exp. 0 2.1 Obtain and review latest Comprehensive Annual Financial Report(CAFR), FY Total $8,515 1999 budget,unaudited financial results for year end FY 1998,and five year Capital Improvements Program. 0 2 0 2 2.2 Initialize FAMS model with current information obtained in 2.1. 8 20 0 28 2.3 Review model output,adjust and prepare baseline and adjusted baseline 1 8 0 9 scenarios. 2.4 Conduct interactive work session with City staff to review preliminary results and develop alternative scenarios 4 4 0 8 2.5 Adjust model based upon results of interactive work session and prepare draft report. 0, 4 2 6 2.6 Conduct final interactive work session with City staff to finalize rate plan. 41 4 0 8 2.7 Present results of the analysis to City Council in interactive workshop. 4:: 4 0 8 2.8 Make adjustments to model based upon Council input and prepare final draft 0' 4 2 6 report. 2.9 Present final results to Council. 4, 4 0 8 2.10 Prepare Final Report 2 4 2 8 TASK 3- UPDATE WASTEWATER IMPACT FEES Fee $6,050 Exp. 0 3.1 Obtain and review fixed asset data for wastewater assets. Total $6,050 2 4 0 6 3.2 Prepare schedule for calculation of replacement cost of fixed assets. 2 8 0 10 3.3 Prepare schedule for determining total investment in wastewater facilities including replacement cost of fixed assets and capital improvement program projects associated with expansion. 210 0 12 3.4 Determine capacity of wastewater system,assuming CIP is complete. 0I 2 0 2 3.5 Determine impact fee as unit cast of capacity less credit for debt service paid in rates. 2 10 0 12 3.6 Prepare draft final report and review results with City staff. 4 6 2 12 3.7 Prepare final report and present results to City Council. 4 6 2 12 TOTAL PROJECT ESTIMATED MANHOURS ' 45 1061 101 161 TOTAL PROJECT ESTIMATED CONSULTING FEE Fee $14,985 $5,625 $9,010 $350 $14,985 ESTIMATED EXPENSES(INCLUDED IN RATES) Exp. 0 $0 TOTAL PROJECT ESTIMATED CHARGES Total $14,985 $14,985 SOURCE:BURTON&ASSOCIATES C1DATA\123\CAPE\PLAN1WK4 1125h8 12%08 98 16: 15 a 4042417708 P.02 December 8, 1998 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Addendum to November 25, 1998 Proposal to Conduct a Wastewater Revenue Sufficiency Analysis and Impact Fee Update Dear Mr. Boucher: This addendum to the above referenced proposal is in response to our telephone conversation of this date regarding the City's interest in possibly including the development of a reuse rate per 1,000 gallons to be charged to the Canaveral Port Authority. As we discussed,development of a metered reuse rate would require an additional 24 manhours for an additional fee of$2,500. This quote is applicable only if the reuse rate work is authorized as part of the project resulting from the above referenced proposal. If the terms of this addendum to our proposal of November 25, 1998 are acceptable to you, please indicate by affixing the appropriate signature where indicated on the following page and returning one executed original to me for our files. We look forward to the opportunity to again be of service to the City of Cape Canaveral. If you have any questions about this proposal, please do not hesitate to call me at (904) 247-0787. Very truly yours, /' (� �� Michael E. Burton President MEBfen 440 Osceola Avenue a Jacksonville Beach,Florida 32250 0 9041247-0787 12 08/98 16: 16 a 9042417708 P.07 Mr. Bennet Boucher December 8, 1998 Page 2 Scope&F Cost Summary Burton& Associates will develop a metered reuse rate per 1,000 gallons as part of the project to conduct a five year wastewater revenue sufficiency analysis and impact fee update for the City of Cape Canaveral. The total cost of this additional work to develop the reuse rate per 1,000 gallons will be a lump sum fee of$2,500. This quote is applicable only if the reuse rate work is authorized as part of the revenue sufficiency analysis and impact fee update project. Invoices will be issued monthly based upon percentage completion. Acc ted or Burton &Associ tes Inc. /Michael 5EKJAUrton Date President Accented for the City o�Cane Canaveral Mr. Bennett Boucher Date City Manager 5 CE �s Meeting Type: Regular Meeting Date: 12-15-98 r AGENDA = 3: :• Heading Considerations Cm OF CAGE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AUTHORIZATION TO PURCHASE PATRIOTS PARK PROPERTY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council authorize the mayor to purchase said park property in the amount of$40,000 plus closing costs. Summary Explanation& Background: Mrs. Bert Mosher has agreed to sell this property per the terms mentioned above. A state recreation grant will pay for$30,000 and the city will fund the remainder. I recommend approval. Exhibits Attached: Contract City Maw r Office % Department LEGISLATIVE :lad 1/meeting/ park.doc 12-08-1998 S:SdAM FROM P. 2 r 12 - /e`er` a 12-08-1998 3:12AM FROM P_2 THS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS®AND THE FL RI A BAR. „►ronas. tee 2205 h l 1 , North Carol i na 27609.. - (y�i�876 1"5 .saw CITY OF CAPE CANAVERAL, a Municipal Corworation — .d clo Kohn Bennett 96 W llama Street Suite 302 C000a. Fiorida 3922 (Phem.)407-639-1320 Sfhneab ane on SeNr eHM aeM and&ryr alnaM buy He lolewirg dextbW feel Prepery gid p•lam,al PrbpefH(OOW"y-Property')pufsuWt to Lha terms and conations or Lhb Conked a1- DE and IVOR, and arty Adore end sd0efhat(Corneae); �L DESCRt/fgft 't W regal eafratpe, of to PAW Prop"'ocape in Brevard C—ty.Florida: - —...-- a of i Block A Long Point Subdivision unrecorded subdiv Sion efbf•es.dMno.ofvoplomIll x�X_Lonq PQin Drive. Cane Canaveral. Florida 32920 '� (4 Pwar+M Plppynf)c-Vacant land. - - �-- to Ise PURCwsE PRIM.............._.--........ .._...__....- ---..... ........................._..................................................._....... s 40.000.00 is PAVVIEW. U (a)omm flap in wo ow by ,.N/A (E9MM Atari)in tle mount of........................................ S — a 0)Additional seevw OCIPW to be made b 9$Mw Agra rwhb—drys after ENII DOW(am Paragaph m)In all emount of.,........................... t --- is (c)SnNM to AND assurvoon Of IlKlI g mpApage n good standng In favor of _ a _ _ N/A _;lrAV an appradmab vessel principal balance of.......... ..................... S - - (d)New nloepege flrwmpng wall a Lender(see Pawgwph M in to=&unt of _ N/A.. .._ ._._.........._......._............. S --- — z W Pucfhae money morlgape ad nae b Sever(ses AOer lOt lama)in vne ermxM d �� $ --- 3 M ONW. NIA --..............__......... a W Balance lo aoa by u.s nyh e.t.ocAl>y oRAvtN oadtefa a of1dW trot dodge)sllbJed b adAePmenta a tali et w a........_......., s 40.000.00 5 E TME FQR parties on Or bake OPFTFI: VATEf FACSMLE:If*011 over i nom exeartod by and delivered to an pants OR FACT OF EXECUTION comm"mleat•d,in nettling a Ddbeeen the patter on a calve_ A the depodgs)will.at Buyer's alpaca,be returned and Ihis afar winhdrewn.Por purpo.•a d silvery or noew d Ohm 19 Defiles or.A k Breyer gid Seca er oath ct vho roCpocUw brokerg ho 1 ND"Wpf.The dale d Centred('EMecdve Date')will be the dale whoa the last one d the Buyer and Seller Ilan alglned ass OOor.A Iacairnle appy d lYs Cahbect srq any signal ma,hareem SW be oonald aee ler as purpos•a as en 040r.W 91Y. F7NAN(�fG D ❑W 7Ns b a coy+aensacaom rave Ltd OOIt�1Ylp10/R11'N/aOli�'-"--:•, a U IN This Contras!Is conditioned on Br j 661ti)tllq a y(alvir(�IWg , afia eMxtMa pop for(CHECK ONLY ONE):O a axae;U an adjustebl.:lir Q a princow+ked or aanount and for edea ban o Ote pdme�al isa& rd i_ -'."" r'vJlf: l"ik'�a WN I MOO i6i not p exoW—%.d'itownl and Origination Ieas not to oeoead %d err vna.ne+aMx a d— - r''"�n � '.—*p(s days r tat bWW aver e--f%d ve Dice"use wase web.diligence to obtain a loan MMORS Bnyefs Agaves unOr M iMme and OOr*mDm d t o dohaaMdil�l ww al0ey gw lihn Bdya Nry p.y all beim eeponsea.If Suyp Ines to obtain a OommAment w rails b wave I viten & subpragrapl wilds the time for oblaMeng a ooldaf fait br.h�Oor dNpW oftM ph Int~fha tlmma and condhbrd of He Com-ameM by Mho dosing dna. 0 k)The Pfafy HeeeeOw-by we1" nota b M OHW.may calumetHb 0~ad Buyer shell tit rel rtthe ftdeposka):or ' eatsang MW92ge.daect4ee In Pafeprepb M(c)abovo.hes:U a VOW s,inpeaal tap;or 0 A Mod Patinae!rale of_%per annum.At Wal Of PP•transfer.Some and t interest ape lie s"Wof to frneraada O inoww"d.00 ane shat not amend—x r ratified d pets ent,iltawf rate and afalUs d martlega or allg o im Beyer or '�Ww%um-Satyr"eJmiah a tbtement from each mortgage stwkV He pOrhdpaI balance, Of the^roffDaOee � ,vnerh Cbsinp Agent b obtak.the sahto.k Buyar has agreed to eseuma a moogage which requires approval I Of b exbesd S Bhf9r N0 aofllDey obbbm the necessary application and dWW*oomplm*and return it to le m rimae.Any mortgapa chsrge(s), (tx of amount&"Ano0 l tea Dlerac),4411 W Dae by BuyM.II 84W is nd aballted by mortgagee or the mWdromsn16 to aanemptlon i N tiooardeloe waH llo bona of w'a Can�act o•mapegee myhps a nFf•rpp M•.pass o arc sbbd 9lrhotnH,SsMr or Buyer may rescind Phis CwnneA by wdrlen notice to.Lha party taee96 dtiner eteab b pay Ole wncraa in kMr65t cep or expels ffnpftpape Charges. IV. TITLE EYID :AI lead 3 AyS bebfe doalng Oft(CHECK ONLY ONE):C1 Satyr dhee.W Shcera ateenae.O*Ww to Buyer 0,Buyer's attorney:or X]Buyer shat N Buyer's ev—oMdn(CHECK ONLY aii�❑abWreot of Nb;of IA We karwarroe commitna l(with legible cooW of ietrunents listed u excepu,auadhed Ohrem)and.after dosing.an owners policy d vie seaance. 'n. CLOSING OAT@ This Irawactlenn shah W closed and the goSing 00CUNWI s dolvamt!on ,WQW medilied by other provision of Mhm Corarad. iVIL MSTRICTIONS:EASINIABOOM LMrATXM:Buyer doll Were We subject to:MORWOonNva land Pae Plans,ZWW1•yeatrlLUOns,prohiDiSons and other roquir menta inpoe.A by WwOmnnamai authority;restrictions and masers appearing on He put a owwwwo conation to Oe Meovtaioh;WlaW41V ori.gas and min" fgtas at record without fight of ernlry,pubft UORY aaewfb Of tapord(eesmbnb are to be roosted OW42 rad b real property laws and not mora than 10 fed In wkk h as b He lir or front rine and 7 12 far in width as to to aide tires.halos ettherwlsa s-' herald);fame ler yw d ebsi,and subsequent yeas aseufwd motgagoo and rtgnsy p any(ii additional votes.deo adderrfum provider Hof fano rdsts at doAv no vlottilm of the bregoing and naw We ent use of tlho propery,for )' re51 i ma2�C _phmWc•(a). VItL.OCCUFANCr Saler walrante Ort Hae lie ro Paries in Oo WW'CT dlna than Seller but it Property is Vaw4s0 b be nrnbd or beyond ad rte Larlafa(a)a ooai1)WO A M be Gedosad Pursuant m SWNW F.Sel er you deftef oaupancy d Propaly to&yer as Wena d eOOCba�eq�unle oHem�ice site eMlbrein.andi terms mcraa Is b be demoted before closing.Buyer a•sreea a•Ibte d Ices b Propa y from doe d ooalparay,ahyl be fesyOrgbie and 11"W" tot Irlabll UMNW from Hat dap,and shoe be cu;xadowcy lo favor aoaPtad OMPofy in As r I-0 OWHOiah as or time d to"ocaprncy urdass other dw saved herein. ed DL T"'611101111171M OR HAWWMrM MIOMSIONs:Typehwhlal a haliderift WWAMM mora and addenda area termor*1 pr Wad Provkbrn of ria Contract in connid watt thorn. Y I � lie a00ectMle AFD We sRMYhW b Hie CpnY OU . LtL�,J1 0 HONEOMmVERS-ASSN. _Q COASTAL CONSTRm-no"CONTROL LINE VAIRHA AS IS LJ INSULATION t.EAO-BASED PAINT udsrH�6may mol ONLY O fhb May eeaign ane thereby be reieased from any hatcher IUb1My moor this Cg trail:rl may esaign Dui n o be mleaead loom rMWIty XA 09$MOSINIEf: W Ibdm b a uMaaly occrng radoadho ga:tri when socv mkbd in•b Abg.sulfoiere qusrhtl'es may Poeent t eegh no.to person•who arc uskpoeed b e mW tire.Leveb d radon Ort orad tedaal and std•gllarnae fhsve Oven faced YhDUdailps ih Raoads.Addift inbmasonMgWMV Radon or Radon lestinp may be obrined POm your Cahahy lfuM Hoehn haVt (b)Beyor xbwwledgae—0 W Lha faorl0a awltlMg E-WW-E lldenhr Rating System fteW a. (c)N He dal Prppay indudee P IFM mmdrllls ttbuairg M a pld0aad Paint rids Is mWWWwy (M O S"W b a"IOftlgn PNWr as dWMf by Ow Foreign a wdsamere In%W prvpwly Tax Ata,le prties ane HO EOVMMW ASSOCIATION DISCIASURL w compy with that Act. W O Buyer vA be Obligated b be a mentor d a e hwwowrwv Oolielon,BUyiift6R 9110"NOT EXECTIOS CONTgACT UNTIL BUYER NAS RECEIVED AND READ THE MNL Y+NpAMlll1 AEAIMR COSTS:6Msr�Ilol 11E reapahsDls for paymorMs n mo••a d: (a)S N/A sot a+ebn6fM ane IMF*arch Seandsed 0(d blank.Hen 2%of lha PurChW Price). (b)s N/A Nrttalr and raptaorrhena war Stadrd N(if thank Han 3%of to Purchase Price). apt S/W"CLAUSES'AOOEIOA:N ad--* NO are b be PW'iftd.Wadi adaftltan e 0nd CHECK HERE 0. CV STANDAOM FOR REeu EWMT E TRAaLAC110NS:SWAM*A lhrofrgh W m the reverse aid.or adaclhad arm moo ooretod at,a pat or Hie Contact. THIS IS OIMMW TO BE A LEGOIXY WmINfB CONTRACT:r Nor puLLY UNDERSTOW,pTiK THE ADVICS OF AN ATTORNEY PRIOR TO SKi1M C. THIS RM FOHAS BEEN APPROVCO By TFIE FLORIOA ASSOCIATION Or REALTORS AND TI4E FLORIDA BAR. AfpronW door net 0orraabAh,w7 oyhbn Pre dry offs warms ave mdi6rns H OW Canoed dtola ora aaaPled by ft Mob"in a PerMcukr tre/Yicfimn.Terms ave tOndWiorfa aflh}.fd be neyaiiWdboard ern M APIPeolua J01101 411110 OOIIeO&OS dna barpeirny POOH"of as~Woo patSom ,1TY OF CAPE CANAVERAL COPYRMff Lel BAR L�o1M0A eAND THE FLORIDA ASSOCIATION OF REALTORS 3 Rocky Randel s, MAY tai-- ( an �_.-- 19CW Sawln'yr or Tax I.D.♦ Social SaWrity or Tex I.D.0 ._ — WOW Sematy or Tbx 1.0.!_ SodW Se unry or Tax i.D.X __ lepodk Under Paragraph N(a)repalee?.F OTHER THAN CASK THEN SU6XCf TO CLEARANCE _ _(Eseeew Agora) lWIMI t'S PM The InpWas maned below,iincl dig being and 000F ' WOW.are the only brokers entitled lo congenaati m m connection with chic Com ow: lana h 12-08-1998 3:14AM FROM P.3 ADDENDUM THIS ADDENDUM is attached to that certain Contract For Sale and Purchase dated of even date herewith("Contract"), wherein CUBERTA D.MOSHER is Seller, and the CITY OF CAPE CANAVERAL, a Municipal Corporation, is Buyer, as follows: 1. Paragraph K of the Standards For Real Estate Transactions is amended to provide that Buyer shall pay the closing costs consisting of the recording of the deed, documentary stamps on the deed, and title insurance costs. IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the date written below their signatures. SELLER: BUYER: CITY OF CAPE CANAVERAL _ By: CUBERTA D. MOSHER • Rocky Randels, MAYOR Date: Date: Meeting Type: Regular ��' Meeting Date: 12-15-98 1 AGENDA Heading Considerations CITY OF CAPE CANAVERAL iWM 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONTRIBUTION IN AID OF CONSTRUCTION OF THE LIBRARY IN THE AMOUNT OF $74,231.97 TO BREVARD COUNTY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council authorize the disbursement of$74,231.97 in aid of construction of the library as per the interlocal agreement with Brevard County. Summary Explanation& Background: On 5/7/96, the City Council adopted Resolution No. 96-22 in which $123,870 was committed towards funding the library expansion project. The county has finally closed out this project and is requesting $74,231.97. I recommend approval. Exhibits Attached: Letter of request/Interlocal agreement Department LEGISLATIVE J=ZL Am BREVAR o�®Psvg4O0o BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST BREv►RD COUNTY UBRARY SERVICES 219 indlan River brava.Cow&FL 32922.7781.TeiWow(407)6341801.Fax(/On M1 7911 �� AIOP June 10, 1998 Mr. Bennet Boucher City Manager City of Cape Canaveral P. 0. Box 326 Cape Canaveral, Florida 32920 Reference: Cape Canaveral Public Library Construction Project Dear Mr_ Boucher. We have now closed out this project and reconciled all the related financial information. Per the interlocal Agreement executed by the Brevard County Board of County Commissioners May 21, 1996, the City of Cape Canaveral agreed to contribute up to $123,970.00 toward the cost of this project. In compliance with Section 4.a. of the agreement, the Board of County Commissioners allocated $858,950.00 for the project. The total amount spent by the County for this project was $933,181.97. Please note that this total does not include an additional $64,177.00 that the County spent for furniture and equipment for the new library facility. Therefore, the amount of contribution due from the City is the difference between $933,181.97 and $858,950.00 or$74,231.97. Thank you for your cooperation in this matter. Please tet us know if you have any questions. Sincerely, Frank L. Vestal Fiscal Specialist IV, Brevard County Library Services Department Kathryn A. Stewart Brevard County Library Services Director B R E VA R aE�q BOARD OF COUNTY COMMISSIONERS O 0 — w y — FACILITIES CONSTRUCTION DIVISION Telephone(407)633-2098 2725 St.Johns Street,Building C,Floor 3 FAX(407)633-2101 ss Melbourne,FL 32940 �C OR�aP" June 17, 1996 City of Cape Canaveral I Mr. Bennett Boucher, City Manager _P.O. Box Box 326 -- ir,, Cape Canaveral, Florida 32920 RE: Cape Canaveral Public Library, -994-005 Resolution No. 96-22 and Interlocal Agreement File 1.11 Dear Mr. Boucher: The Board of County Commissioners, in regular session on May 21, 1996, executed the attached Interlocal Agreement with the City of Cape Canaveral for its contribution of$123,870.00. Enclosed is a fully executed Interlocal Agreement for your files. If you have any questions please do not hesitate to contact me at (407) 633-2098. Since I Joseph . Vislay. Director Facilities Construction Division JRV:mb cc: Joan Van Sickle, Facilities Construction Division Kathryn Stewart, Library Services Department Director TRUMAN SCARBOROUGH,JR. RANDY O'BRIEN NANCY HIGGS MARK COOK SCOTT ELLIS District 1 District 2 District 3 District 4 District 5 TOM N.JENKINS SCOTT L.KNOX SANDY CRAWFORD County Administrator County Attorney Clerk PRIN I1 1)ON RI( ti'( 111)VAI'l N RESOLUTION NO. 96-22 A RESOLUTION OF TIIE CITY OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA; ENTERING INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE CAPE CANAVERAL LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral owns certain real property upon which it built the Cape Canaveral Public Library; and WHEREAS, the County wishes to construct an addition to and renovate the Library; and WHEREAS, the City is desirous of cooperating with the City in constructing additional library facilities and improvements at the Cape Canaveral Public Library site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City shall enter into that certain Interlocal Agreement in the form as attached hereto as Exhibit "A", and incorporated herein by reference. SECTION 2. This Resolution shall take effect upon adoption. ADOPTED BY the City Council of the City of Cape Can veral, Florida, this 7t day of May, 1996. ohn K. Porter, AYOR ATTEST: San ra O. ims, CITY CLERK NAME FOR AGAINST BRUNS +� APPROVE TO FORM: NICHOLAS 7 PETSOS ✓ Kohn Bennett, C ATTORNEY PORTER RANDELS AGREEMENT THIS AGREEMENT, made and entered into this by and among the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County", the CITY OF CAPE CANAVERAL, a municipal corporation chartered under the laws of the state of Florida, hereinafter referred to as "City". WITNESSETH: WHEREAS, the County wishes to construct an addition to and renovate the Cape Canaveral Public Library; and WHEREAS, the City is desirous of cooperating with the County in constructing additional library facilities and improvements at the Cape Canaveral- library site; and WHEREAS, the City desires to supplement the financial commitment of the County to construct a Cape Canaveral Public Library addition of approximately 6,020 square feet and 8,830 square feet renovation under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed among the parties as follows: 1 . U-�jjP of ProneM. The County hereby agrees to construct a 6,020 square foot addition and 8,830 square feet renovation to the Cape Canaveral Public Library. 2. Purpose. The purpose of this Agreement is to permit the City to assist the County in funding the construction of the Cape Canaveral Public Library. • 3, nutjes of the County. Contingent on the County using 75% of County allocated funds to begin construction of the new addition and renovation of the Cape Canaveral Public Library, then the City shall contribute to the County, within ten business days of the County's written request, the amount of One Hundred Twenty three Thousand Eight Hundred Seventy Dollars and no cents ($123,870.00), to be expended by the County for the construction of the Library. 4. Lis{ties of the Com. a. The County shall allocate Eight Hundred Fifty Eight Thousand, Nine Hundred Fifty Dollars and no/100 ($858,950) from the County's Library Services program as the County's portion of the project budget. b. The County may establish fiscal controls as the County deems necessary to insure funds are expended in a prudent and efficient manner. C. Before expending any portion of the City's $123,870.00 contribution, the County must have fully expended the Eight Hundred Fifty Eight Thousand, Nine Hundred Fifty Dollars and no/100 ($858,950) allocated including additional County money, if any, that would otherwise be distributed 2 to the Cape Canaveral Public Library project fund by established methods, i.e., earned interest allocations, grant money or any other sources, including money received after the conclusion of the Cape Canaveral Public Library project if such distribution would be permitted by any relevant bond covenants that the County has entered into. In the event additional County money is distributed to the project fund, or the contingency fund is not exhausted, the City's $123.870.00 contribution shall be reduced or refunded accordingly. Upon project completion, any City funds not expended toward the construction project shall be returned to the City. There will be no interest bearing requirement for the time the County retains the City's contribution. d. The County shall maintain records of all monetary transactions entered into by the County with respect to the funds provided for in this Agreement. 5. nppralion and Maintenance of the LLw:y-- It is hereby mutually agreed that the County will fully fund the operation and maintenance of the Library, subject to the City's discretion at any time to contribute additional monies for such operation and maintenance, or to assist the County in raising funds for Library operations and maintenance. 6. Nnlice. Notice under this Agreement shall be given to the County by mailing written notice, postage prepaid, to the Office of the County 3 Manager, 2725 St. Johns Street, Viera, Florida 32940, and notice shall be given to the City by mailing • written notice, postage prepaid, to the 7. ovenant5 ASt L1GG:� nt. The County shall not assign any portion of this Agreement, nor allow said Agreement to be assigned by operation of law without the express written approval of the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD qOUNTY,,FLORIDA t- _J�kl 4? sy: Sandy Crawfo d, Clerk Mar Co k, Cha man Q As approved by the Board on J^ 1 ATTEST: CITY OF CA CANAVERAL Deputy City Clerk Mayor 1AKnr40CCCCCACir-94-96/7 KH W":Fadtd—ConaM'MWV80CGC=e Ca ff*RSC LAW" 4 5 A E A`D'O Meeting Type: Regular Meeting Date: 12-15-98 r " AGENDA Heading Considerations CRY OF CAPE CANAVERAL Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STREET SWEEPING BID DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: That the City Council consider approval of the street sweeping bid to USA Services of Florida, Inc. and authorize the mayor to execute the service contract. Summary Explanation& Background: See attached recommendation memo from our public works director. This is a budgeted item. Staff recommends approval. This is a great example of two city governments working together to save taxpayer dollars. Exhibits Attached: Public works director's memo of 12/8/98 City Mana Office Department STREETS/PUBLIC WORKS K./ad mi ncil/meeting/1 $12- /' eping.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski ; t Public Works Director DATE: December 8, 1998 SUBJECT: City Council Agenda Item Bid Award for Street Sweeping In an attempt to meet the National Pollutant Discharge Elimination System (NPDES) the City has established a street sweeping program. This scheduled maintenance program will limit pollutants, trash and sand from entering into the City' s stormwater system and discharging into the Indian River. In addition, as an effort to lower the cost of its street sweeping maintenance, the City of Cape Canaveral and Cocoa Beach joined forces. On November 1, 1998, the two Cities advertised jointly for Street Sweeping Services within their respective City' s. On November 13, 1998 a Mandatory Pre-Bid Conference was held at the City of Cocoa Beach. The Deadline for bids and public bid opening was December 2, at the City of Cocoa Beach. The Cities received the following two (2 ) bids: 1 . USA Services of Florida, Inc. @ $19.51 per curb mile 2 . Control Sweeping Services, Inc. @ $20 .90 per curb mile The City of Cape Canaveral has a total of 25 .4 curb miles of streets and 1. 7 curb miles of City Parking lots, (including Library) , for a total of 27 . 1 curb miles. The sweeping frequency for the City will be once per month. The amount of this bid is $528 . 72 per month or $6, 344 .64 annually. City Staff performed a background check and found that USA Service of Florida, Inc. meets the requirements of the bid specifications. USA has performed work for the City of Cape Canaveral and their work is satisfactory. Recommend awarding the Bid to the low bidder USA Services of Florida and approving the unit bid prices for Street Sweeping. Funds were budgeted and are available within the General Fund' s Operating Budget. Attachments CC: File 1 III. City of Cape Canavcral Service Specifications o. Sweep Locations Arca Sweep Frequency Month Total street curb miles (25.4 curb raffles) Once per month 25.4 curb miles City Parkiniz Lots (1.7 curb miles) Once per month 1.7 curb miles Total Curb Miles per Month = 27.1 curb iniles See Figure III-1, Cape Canaveral Sweep Location Map, for detail of streets to be swept. b. Dump Site All debris collected street sweeping must be deposited at the Cape Canaveral Public Works Complex within the City Limits. Dump site is within 3 miles of all sweep locations. See Figure 111-1, Cape Canaveral Sweep Location Map, for dump site location. C. Sweep Schedule All sweeping must be performed between 7:00 A.M. and 10:00 P.M, Monday through Saturday. Accessibility in the residential areas is better at certain times of the day. d. Filling Station ilable at locations within the City limits and will be Filling stations for water will be ava specified in the negotiated contract. IV. Service Equipment Service equipment used for the monthly street sweeping must be: a. a municipal size vacuum type - minimum six (6)cubic yard capacities b. minimum eight (8) foot sweep path C. equipped with continuous water spray for dust control d. equipped with flashing beacon, advanced warning avow panel & crash attenuator C. registered and insured with the Motor Vehicle Laws of the State of Florida Back-up support equipment with above specifications must be available in case of equipment downtime or servicing. V. Documentation A monthly Streetsweeping Track Sheet is required after each month's sweeping. The Cities will cacti furnish a tracking sheet for this purpose. The street sweeper operator must record information per drainage basin within the Citics. The City of Cocoa Beach has seven (7) drainage basins within its City limits. The City of Cape Culaveral h'L five (5) drainage basins within its City limits. Information must include date, curb miles swept, s, ieep hours, volume of debris, water fill stops and durnp loads. Streetsweeping Track Sheet must be received by Cities by the tenth (10`") of the month following the sweep. No payments will be made until the monthly tracking sheet is received and approved. B:�y...o�tt sw¢erur.ao� 11l3N9t Paga 7 of 22 r Cityof � ��e Canaveral 1 I ................ I _.V ,� .' (1 .•rte. 'I' ) .....I,. ,-. „ I•'•,•;� `� .- .� �— II I, �'I V 1r• %` j ''.1.11,��.1'.c1 'I I i I 1 :•� :7... , -1 .I.. -�—_ Ill '• - ,� ..\I� —; � r 1 ! Figure III-1, Cape Canaveral Sweep Location Map Yellow - Swept Ix/month E:\opcnfing\ST-SWEEP\RFP.doc I O/]0/9g Page 9 of 22 CITY OF COCOA BEACH INVITATION TO BID NUMBER CB99001 STREET SWEEPING SERVICE EXHIBIT C-PRICING This Pricing forms must be submitted in a separate sealed envelope as specified in Section 2C, Separate Sealed Pricing, of this invitation to Bid. I. Fee Schedule Prices listed must apply to both Cities requirements as listed in Exhibit A, Scope Of Services. Price will be based on a,swept curb mile unit. For open areas, such as parking lots of public facilities, an equivalent curb mile will be computed by multiplying the area's average length by the number of sweep widths. Occasional supplementary site specific sweepings will also be based on an equivalent curb mile unit. These occasional sweeps necessitated by construction, weather or other circumstances, will be scheduled at the convenience and availability of the successful Proposer. a. Please propose prices for the following services: Monthly Street Sweeping $ 19 . 51 /curb mile Monthly Area Sweeping $ 19 . 51 /equivalent curb mile Supplementary Si $ 9 4�Q.�/sweep hour pp aryweePn�(3 hour minimum) b. Please list any additional services or costs that the Proposer considers to be necessary for satifaction of Exhibit A, Scope of Services. If no additional needs or costs are anticipated, please put"NA"in the available Additional Service line. Additional Service Cost II. Invoicing and Method of Payment Invoices will be submitted separately to each City on a monthly Its' Invoices shall not be submitted before the monthly Streetsweeping Track Sheet, referenced in Exhibit A, Scope of Services, are received by the Cities. Invoices shall be submitted to the Cities by the 15`'' of the month following the sweep. H:�apRuLn�S7-JW u WcfT-•dn doo 1112001 Pace t)of 22 CITY OF COCOA BEACH INVITATION TO BID NUMBER CB99001 STREET SWEEPING SERVICE EXHIBIT D - PROJECT FORM & CERTIFICATION Submitted By: Carmine Latanza Vice President Contractor Name: USA Services of Florida Inc. Address: P.O. Box 520580 Cities: Longwood State: FL Zip: 32752 Telephone:8 0 0 2 2 6—3 2 0 0 Fax:4 0 7/3 3 9—0 2 41 Internet Address: Type of Business(Corporation,Partnership, Other- Specify): Corporation Tax TD number(EIN/SSN): 59-2936530 c. Certification The undersigned hereby confirms as follows: 1. I am a duly authorized agent of the Company/Individual submining the,proposal; 2. 1 have read the Proposal in its entirety and fully understand and accepi'lhese terms unless specific variations have been expressly listed below. 3. My firm, USA Services of FL, . Inc , agrees to hold all prices, terms and conditions firm for acceptance for ninety(90)calendar days following the date and time of the bid opening. Variations The Proposer shall identify all variations and exceptions taken to this Request for Proposal in [he space provided below unless such variation is expressly prohibited in the RFP documents. If no variations are listed here, it is understood that the Proposer fully complies with the terms and conditions. it is further understood that such variations may be cause for determining that the Proposal is non-responsive and ineligible for award: Section N/A Variance Section _pl/A _ Variance Section N/A Variance Attach additi nai sheets as ne By: Date: _ Manua)Signature of ent Carmine Latanza _Vice Pretdent Typed/Printed Name of Agent Title of Agent Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non-responsive and ineligible for award. e:op.r.aopsr•swaar�rr•m a� tIrDWDt PRSe 12 01,22 ---.,7--,7N�i,idL�C�7i<T�LT ,----4T•�T^7-'- Tr--T-.�; ---•,— --- a----. -_ —r- .,, -- ,LC� I ti �•• T 1 ,i 'J DATE(MWD3l ; AGOR_D� 'QERTIFICATC .OF LIABILITY` INSURAN�t 12/03/97 PRODUCER I THIS CLRTIFICATE IS 15SU[_D AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RON SELLERS 6 ASSOCIA`1'ES, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1201 S . ORLANDO AVE. , SUITE 430 _' - _ COMPANIES AFFORDING COVERAGE WINTER PARK, FL 32789 COMPANY 407-599-2119 - 407-629-8468 A GeFlcral Ac.ci-de-n-t Insurance Company ------------------------------------------------------ — IINSURED COMPANY CrC Sunshine Companies, Inc. B COMPANY 7E 5825 U. S . 27 North B E Sebring, FL 33870 COMPANY 800-477-5606 D COVERAGES' Mf ti"lSFy I�e y r 1 iI :.. d eE I t tr+I t'l 1t:yea 'F'I�..0 ,RI '1.F„ I ..... ..r,: «.�. Lh. �II w slr rl�hr.�.•F..„J.::.v:.4:..1.. n:F. :'. � ��. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED[It-LOW HAVE BEEN ISSUED 10 11IF INSURFD NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, 1ERM OR CONDITION OF ANY CONTRACI OR 0111I:R DOCUME=N1 VVI ItI RESPLCT TO VVI IICII TI HS CLRTIFICATE MAY BE ISSUED OR MAY PE=RTAIN, THE INSURANCE Al FORDLD BY Till- POLICIES DLSCRIH[D HLREIN IS SUUJECT 10 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIE=S.LIMITS SHOWN MAY IIAVI.i BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION. TYPE OF INSURANCE POLICY NUMBERLIMITS LTR DATE(MMIDO/YY) DATE(MMIDDlYY) S GENERAL LIABILITY GENERAL AGGREGATE S k COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGG S CLAIMS MADE 0 OCCUR PERSONAL 6 ADV INJURY S OWNER'S A CONTRACTOR'S PROT ` EACH OCCURRENCE S FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) S AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Por person) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY $ (Por aWdont) I NON-OWNED AUTOS t PROPERTY DAMAGE S I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ S OTHER THAN UMBRELLA FORM WC STATl1• DTH• { WORKERS COMPENSATION AND _X TORY LIMIT ER 1 EMPLOYERS*LIABILITY EL EACH ACCIDENT $11, 000, 0 i A THE PROPRIETOR/ INCL DW C 0161588 1/01/98 1/01/99 EL DISEASE-POLICY LIMIT S 1, 000, 0( PARTNERS/EXECUTIVE EL DISEASE-EA EMPLOYEE $1, 000, 0 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVE111CLESISPECIAL ITEMS PROVIDING LEASED EMPLOYEES TO BUT NOT SUBCONTRACTORS OF: U . S . A. SERVICES OF FL, INC. 11 0428 C 7�ICAN...: ... ._ ,.r.i:r.. .�. .. I.fr , ,L ' SHOULD ANY Ol� TAIL ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL •Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY (iF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED F SPR TIVE ACORO., CERTIFICATI: OF LIABILITY INSUR " NCE CSR ES OATS IMM/00 USASF_ 1 11/07/ PRODUCER TRIS CERTIFICATE IS .,SUE=D AS A MATTER OF INFORMATION NEXT Risk ManaVement, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE William F. Comiskey, Jr. , CIC BOLDER. IHIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 Glades Road, Suite 3S5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boca Raton FL 33431-7333 _ COMPANIES AFFORDING COVERAGE W.F. Comiskey, Jr. , CIC 746134 CCMPAIJY Pnon.No. 561-338-0488 Fee No. 561-394_-7_7.30 '°' CoregiET Insurance Company INSURED COMPANY B COMPANY USA Services of Florida, Inc. C 448 Spring Hammock Court COMPANY Longwood FL 32750-3720 D COVERAGES' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDIYYI DATE(MM/DD/YY) I GENERAL AGGREGATE t 5,000, GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY FR914-1114 11/08/97 05/08/99 PRODUCTS-COMPIOP AGG t 5,0 0 0, CLAIMS MADE Fx-1 OCCUR PERSONAL S ADV INJURY s5,000, OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE ! 5,000, .y FIRE DAMAGE(Any one Brei ! 50, MED EXP IAny one person) 1 5, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ! 5,000, A ANY AUTO FR914-1114 11/08/97 05/08/99 ALL OWNED AUTOS BODILY INJURY ! IPer person) X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY / IPer accident X NON-OWNED AUTOS PROPERTY DAMAGE ! AUTO ONLY-EA ACCIDENT t GARAGE LIABILITY C 7777777 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT ! AGGREGATE 1 EACH OCCURRENCE t EXCESS LIABILITY AGGREGATE ! UMBRELLA FORM - 1 OTHER THAN UMBRELLA FORM WC STATU- OTH-., WORKERS COMPENSATION AND TORY LIMITS R EMPLOYERS'LIABILITY EL EACH ACCIDENT ! THE PROPRIETOR/ INCL EL DISEASE.POLICY LIMIT ! PARTNERS/EXECUTIVE EL DISEASE-EA EMPLOYEE 3 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION COLL021 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LI BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILr OF ANY KIND UPON THE COMPANY,IT AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE W.F. '% 'Jr. , C 746134 m AC D RPORATIC ACORD 25-S (1/96), Heodqu.Z"in Orlando, Flw da C1 America's Reai Protess14) a SEUVICUS EXHIBIT B A) SEE ATTACHED B) USA Services of Florida, Inc. employs over 40 people who are capable of handling any schedule or weather problems which may effect yourlwork. USA currently sweeps approximately 5, 000 miles per month but has the capability at this time to sweep over 8 , 000 miles per month. C) USA Services of Florida, Inc, has been in business for over 10 years in the state of Florida, providing sweeping services . MANAGEMENT LIST Eric Seidelman General Manager Carmine Latanza General Manager Ray Looze Operation Manager Keith Barrett Street Sweeping Manager D) SEE ATTACHED I P.O. Box 520580 • Longwood, Florida 32752 • (407)339-1800 • Wats(800)226-3200 • FAX(407)339-0241 s Headgaaoers in Orlando, Florida America's real Prcfessicnais A) EQUIPMENT LIST 6 TYMCO 600 STREET SWEEPERS 7 MOBILE ATHEY STREET SWEEPERS 7 ELGIN PELICAN STREET SWEEPERS 2 ELGIN EAGLE STREET SWEEPERS 6 SCHWARTZ SUPER VAC USA Services of Florida, Inc, currently has.,a complete repair shop that employs six mechanics. All of our trucks are radio equipped. If a breakdown or an emergency occurs a mechanic and/or another truck will be dispatched immediately. M P.O. Box 520580 is Longwood, Florida 32752 • (407) 339-1800 • ,Wats (800) 226-3200 • FAX (407) 339-0241 Headquarters in Orlando, Florida America's Real Prcfessicnals OPERATIONAL PLAN Report daily to each city when and where sweeping will begin. Report daily what was completed on previous day. Fill in monthly tracking sheet daily. Respond to any problems or re -sweep any areas not acceptable by city before starting on next area. Return completed track sheet before the 10th of month following the scheduled sweep. P.O. Box 520580 e Longwood, Florida 32752 • (407) 339-1800 • Wats (800) 226-3200 • FAX (407) 339-0241 Headquailers m Orlando, Florida America's (Real Professionals REFERENCE LIST GOVERNMENTAL, MUNICIPAL & PRIVATE COMPANIES STATE OF FLORIDA (D.O.T.) CITY OF ROCKLEDGE 1655 N. KEPLER ROAD 1600 HUNTINGTON LANE DELAND, FL 32724 ROCKLEDGE, FL 32955 Mr. A. L. Carver (904) 736-5270 (407) 690-3978 STATE OF FLORIDA (D.O.T.) 420 W. LANDSTREET ROAD ORLANDO, FL 32824 Mr. Jim Davis (Contract Inspector) (407) 539-1831 ORANGE COUNTY FINANCE P.O. BOX 38 ORLANDO, FL 32802 Mr. Chris Simoneaux (407) 836-7774 STATE OF FLORIDA 2400 CAMP ROAD OVIEDO, FL 32765 Mr. Bill Martin (407) 321-1130 ORANGE COUNTY PUBLIC SCHOOLS 445 WEST AMELIA ORLANDO, FL 32801 (407) 849-3362 CITY OF JACKSONVILLE 220 EAST BAY STREET JACKSONVILLE, FL 32202 Mr. Don Wing (904) 387-8915 SEMINOLE COUNTY P.O. DRAWER Q SANFORD, FL 32772 Mr. Jimmie Brown ( 407 ) 321-11130 CITY OF ORLANDO 400 SOUTH ORANGE AVENUE ORLANDO, FL 32801 Mr. John Hogue (407) 246-2238 CITY OF PORT ORANGE 1000 CITY CENTER CIRCLE PORT ORANGE, FL 32119 Ms. Janice Parsons (904) 756-5290 TOWN OF LADY LAKE 225 WEST GUAVA STREET LADY LAKE, FL 32159 (904) 753-2212 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Mr. Phil Nodine (904) 247-5834 *All of the above contracts have been in effect for 2 to 8 years. P.O. Box 520580 e Longwood, Florida 32752 • (407) 339-1800 • Wats (800) 226-3200 • FAX (407) 339-0241 Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heading Considerations Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: LIFEGUARD AGREEMENT WITH BREVARD COUNTY DEPT./DIVISION: PARKS & RECREATION Requested Action: That the City Council consider approval of the 1999 lifeguard agreement with Brevard County in the amount of $8,974.00. Summary Explanation & Background: See attached memo from our recreation director. Funds are budgeted for this service. _ Staff recommends approval. Exhibits Attached: Recreation director's memo of 12/9/98/agreement City AU , e ' Offices /�1 / Department PARKS & RECREATION r g:/a c cil/meetin /1998/ ifeguad.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue (407) SOS4227 MEMO TO: Mayor, Councilmembers & City Manager FROM: Nancy Hanson, Parks & Recreation Director RE: Lifeguard Agreement DATE: December 9,1998 The proposed lifeguard agreement from Brevard County is virtually identical to the agreement the City entered into for lifeguard protection last year with the exception of the dates, which coincide with Palm Sunday weekend and the school calendar, and, of course, the fee for service. The fee last year, for the same service, one guard tower on Tyler Avenue, was $7,680. Chief Sargeant submitted an estimate of $19,333 (for a higher level of service) but also indicated that they were not interested in providing the service to the City, due to their current workload. I recommend the Council approve the proposed agreement from the County. AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between the City of Cape Canaveral, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(1)(b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 27, 1999, and terminating on September 6, 1999. The County hereby agrees to provide USLA (United States Lifesaving Association) and First Responder Certified lifeguard services for that portion of Cape Canaveral as described in Section 3 for the period commencing March 27, 1999, and terminating on September 6, 1999. 2. PAYMENT: For the services outlined herein, the City shall pay to the County Eight Thousand Nine Hundred Seventy -Four Dollars ($8,974.00). Such payments are payable in six (6) monthly payments due on the last day of each month. The first payment is due on April 30, 1999, and the final payment is due on September 30, 1999. 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and USLA and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1. Tyler Avenue within a portion of the beach 75 yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (one (1) person) located at Tyler Avenue and, additionally, there will be one (1) Roving Patrol (one (1) person) on duty. C. Said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 27, 1999, and ending on September 6, 1999, on the week days from 10:00a.m. until 5:00 p.m. beginning May 24, 1999, and ending on August 6, 1999. _ D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement for Fire/Rescue arrives. 2 In search and rescue operations and body recovery, the officer in charge from the Brevard County Lifeguard Division will relinquish incident command/control of the scene to the law enforcement agency with jurisdiction in the area. In medical emergencies, victim/patient care will be immediately transferred to the most qualified BLS/ALS provider. In such circumstances that the BLS/ALS provider has begun resuscitation efforts upon the victim/patient, having determined that the victim/patient has no respiration and no pulse, the law enforcement agency with jurisdiction in the area of the scene may take incident command/control of the scene, declare the scene a crime scene, and direct the resuscitation efforts by the BLS/ALS provider be terminated. Under such circumstances that the law enforcement agency takes command/control of the scene, the agency shall have complete responsibility for the scene. 4. LIABILITY AND INSURANCE: A. Each party is responsible for all personal injury _ and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. B. The parties further agree that nothing contain herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 3 7. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 8. MODIFICATION AND DEFINITION OF CONTRACT: The parties agree that there are no other terms or agreements other than as contained herein. No additional verbal or oral representation shall be effective unless reduced to writing and executed by both parties. 9. ATTORNEY'S FEES AND COSTS: In the event either party must initiate legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non jury. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ATTEST: By: Sandy Crawford, Clerk Truman G. Scarborough, Jr., Chairman AS APPROVED BY THE BOARD ON WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heading Resolutions Item 9 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-40, ADOPTING PART I OF THE COMPREHENSIVE PLAN ENTITLED DATA AND ANALYSIS DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council adopt by resolution the data and analysis section of the comprehensive plan. Summary Explanation & Background: The adoption of the data and analysis section of the comprehensive plan will allow the city to update this section as data changes. Todd Peetz, City Planner, will be in attendance to answer any questions you may have. I recommend approval. Exhibits Attached: Resolution No. 98-40/comprehensive plan binder - underline/strike-through version/ City e ' Omicj Department LPA/GROWTH MANAGEMENT IJ771 :/a ouncil/meeting/ /98 40.doc RESOLUTION NO. 98-40 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING PART I OF THE COMPREHENSIVE PLAN ENTITLED DATA AND ANALYSIS PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, APPLICABLE ADMINISTRATIVE RULES AND ORDINANCE NO. 18-98; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Cape Canaveral adopted its first Comprehensive Plan in accordance with this Act in October, of 1988; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9J-5 established the procedure for periodic review and amendment of comprehensive plans; and WHEREAS, the City's Local Planning Agency (LPA), held numerous workshops and public hearings regarding the update and proposed amendment to the Comprehensive Plan; and WHEREAS, on May 27, 1998, a public hearing on transmittal of proposed Amendment CPA -01-98 to the Comprehensive Plan was held by the LPA after public notice; and WHEREAS, the City Council directed that the proposed amendments to the Comprehensive Plan be separated into two parts consisting of the Text or Data (Data and Analysis) to be adopted by resolution, and the Goals, Objectives and Policies (GOPs), to be adopted by ordinance; and WHEREAS, the City Council authorized transmittal of these proposed amendments to the State of Florida Department of Community Affairs (DCA) on June 16, 1998; and WHEREAS, the City Council received the "Objections and Recommendations, and Comments Report" (ORC Report) from the DCA reflecting the Department's review of the proposed amendments; and City of Cape Canaveral Resolution No. 98-40 Page 2 WHEREAS, on October 28, 1998, the LPA held a public hearing to receive public comment on the proposed amendments to the Data and analysis and Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element, Transportation Element, Housing element, Parks and Recreation Element, Infrastructure Element, Coastal Management Element/ Conservation Management Element, Intergovernmental Coordination Element, and the Capital Improvements Element and to make a recommendation to the City Council regarding approval and submittal of the proposed amendments to the City's Comprehensive Plan to the DCA; and WHEREAS, the LPA recommended approval of the proposed amendments and recommended the City council authorize adoption of the proposed Amendment CPA -98-01 to the DCA. NOW, THEREFORE, BE IT RESOLVED by the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Part I of Amendment CPA -98-01 to the Comprehensive Plan entitled "Data and Analysis" is hereby adopted. DCA. SECTION 2. The City Manager is directed to transmit Amendment CPA -98-01 to the SECTION 3. All resolutions or parts of resolution in conflict herewith are hereby repealed. SECTION 4. This Resolution shall be in full force and effect in accordance with the Charter of the City of Cape Canaveral. \\cape-nt\cityclerk\cityclk\resolutions\ear data & analysis.doc City of Cape Canaveral Resolution No. 98-40 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 15th day of December, 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY `d.cape-nt\cityclerk\ciiyclk\resolutions\ear data & analysis. doc BRUNS HERNANDEZ PETSOS RANDELS TREVERTON Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heading Resolutions Item 10 No. Resolution No. 98-41; applications AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-41, APPOINTING ALTERNATE MEMBERS TO THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of alternate members to the Library Board. Summary Explanation & Background: See attached resolution and applications. Please advise. Exhibits Attached: Resolution No. 98-41; applications City Mana s Office Department LEGISLATIVE g:/ad coil/meetin - -98/98-41.doc RESOLUTION NO. 98-41 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ALTERNATE MEMBERS TO THE LIBRARY 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 City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Alternate members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. and hereby appointed as alternate members of the Library Board of the City of Cape Canaveral, Florida, with a tern to expire on October 1, 21000. SECTION 2. This Resolution shall take effect immediately upon its adontion. ADOPTED BY the City of Cape Canaveral, Florida this 15th day of December, 1998. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\BOARDS\APP71Library.doc Rocky Randels, MAYOR. BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS RICHARD TREVERTON FOR AGAINST PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CAINAVERAL, FLORIDA APPLICATION TO J�SERVE ON CITY BOARD ,pplicant Name:L,-_0C_!2a! Home Telephone: y0 7 - 7c:F3 - 3 y f f- [ome Address: 02 oZ r7 (1 D R A L De) v,5 usiness: 6' D N sy ti f/9 .vT Business Telephone: 19,r &R Oy e: )ffice Address: ), 'S &9 D v22' Irief Description of Education and Experience: ��� � TT" Z? G h _S U M t; ire you a registered voter? Yes 1-_� No lave you been a resident of the City for 12 months or longer? Yes )o you currently hold a public office? ire you presently employed by the City? the present time, do you serve on a City Board? Yes Yes Yes No No t No t✓ No kt the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, ►rother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- aw, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, tepsister, half brother or half sister? / Yes No kt the present time, do any of the following relatives of yours serve on any other City board, commission or special listrict: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes 'lease specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* No `' 7 Coction 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 foIIowing the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Appffcatfon Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: --Q-06F-A)-F, (,D F (517-Y s/,V C T S/ i4 �ti c-vp ULD /.� d Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? es No r/ Applicant's signature: w Date: PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at'a regularly scheduled meeting. 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 Applicant Name; PLEASE COMPLETE BOTH SIDES OF AAFFULA'rION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD June E. Bell Home Telephone: 407-792-4`17 Home Address: 231 Circle Dr; vP #1 ('anay�r�l 1 14 22922 Business: NONE Business Telephone: Office Address: NONE Brief Description of Education and Experience: Education: 2vrs. at Cornell Universitv Experience: 17vears employed at GE as expeditor and coordinator Several years as Volunteer at Cape Canaveral Public Library Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X 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, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No x At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* No X Construction Board of Adjustment & Appeals* X Library Board Planning and Zoning Board* Recreation Board Wembers 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 memher 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: My only mualifirations for becoming a member of this board are my love of books and my pride in this library. From traveling the U.S, I know this library exceeds many in much bigger cities. As a board member or not I will work to keep this library : accessible to and _pleasant for everyone. I will strive to keep us as up-to-date as financially possible. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No X not at this time Applicant's signature: Date: 9/11/98 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at -a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 C Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heading Ordinances - 2"d Reading item 11 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-98, ADOPTION OF THE EAR BASED GOALS, OBJECTIVES AND POLUES OF THE COMPREHENSIVE PLAN DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council adopt Ordinance No. 18-98 and authorize its transmittal to the Department of Community Affairs. Summary Explanation & Background: This ordinance adopts the goals, policies and objectives of the EAR based comprehensive plan documents. Todd Peetz, City Planner, will be in attendance to answer any questions you may have. I recommend approval. Exhibits Attached: Ordinance No. 18-98/ comp plan/binder, corrected pages (insert in your binder) City Ma fice Department LPA/GROWTH MGMT g:/admin/council/meeting/ 1998/ 12-15-98/ 18-98.doc ORDINANCE NO. 18-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL REPORT; 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 October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the "1988 Plan"); and WHEREAS, the City Council directed that the proposed amendments to the Comprehensive Plan be separated into two parts consisting of the Text or Data (Data and Analysis) to be adopted by resolution, and the Goals, Objectives and Policies (GOPs), to be adopted by ordinance; and WHEREAS, on May 27 and October 28, 1998, the Local Planning Agency in accordance with its procedures held a duly noticed public hearing on the proposed amendment CPA 01-98 and considered findings and advice of staff, citizens, and all interested parties submitting comments and recommended to the City Council that the 1988 Plan be amended based on the City of Cape Canaveral Ordinance No. 18-98 Page 2 Evaluation and Appraisal Report and that the amendment shall be submitted to the Department of Community Affairs; and WHEREAS, the City received the "Objections, Recommendations, and Comments Report" (ORC report) from the DCA reflecting the Department's review of the proposed amendments; and WHEREAS, on June 16, 1998 and December 15, 1998, 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. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: 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. \\cape-nt\cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments-doc City of Cape Canaveral Ordinance No. 18-98 Page 3 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 1988 Plan as amended based on the Evaluation and Appraisal Report. SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant to Comprehensive Plan Amendment CPA 98-01 to the 1988 Comprehensive Plan as amended, the City of Cape Canaveral is adopting the Goals, Objectives and Policies of the following elements: Intergovernmental Coordination, Conservation Management, Coastal Management, Infrastructure, Transportation, Parks and Recreation, Housing, Future Land Use and Capital Improvements. The Future Land Use Map and Transportation Maps are hereby amended as specifically provided in Exhibit "A," attached hereto. SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the effective date of this Ordinance, the Plan Amendment shall amend the 1988 Plan as amended and become part of the Plan, and the Plan amendment shall retain the legal status of the 1988 Cape Canaveral Comprehensive Plan as amended 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 adopted 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. g. `.cityclk\ordinances\zoning\ear based comp plan amendments. doe City of Cape Canaveral Ordinance No. 18-98 Page 4 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. SECTION 9. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes. \\cape-nt\cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments. doc City of Cape Canaveral Ordinance No. 18-98 Page 5 APPROVED FOR TRANSMITTAL BY the City Council of the City of Cape Canaveral, Florida, this 16th day of June, 1998. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY \\cape-nt`.cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments.doc Rocky Randels, MAYOR NAME FOR AGAINST BRUNS Motion HERNANDEZ X PETSOS X RANDELS X SALAMONE Second LPA Hearing: Transmittal Mtg: LPA 2' Hrg: Second Reading: Posted: Published: (LPA) (LPA 2n) (1st hrg) (2nd hrg) May 27, 1998 June 16, 1998 October 28, 1998 December 15, 1998 May 17, 1998 May 17, 1998 October 18, 1998 June 7, 1998 December 5, 1998 City of Cape Canaveral Ordinance No. 18-98 Page 6 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of December, 1998. Rocky Randels, MAYOR Sandra O. Sims, CITY CLERK NAME APPROVED AS TO FORM: BRUNS HERNANDEZ Kohn Bennett, CITY ATTORNEY PETSOS RANDELS YMASTto] ►10 FOR AGAINST LPA Hearing: May 27, 1998 Transmittal Mtg: June 16, 1998 Second Reading: Posted: May 17, 1998 Published:(LPA) May 17, 1998 (1 st hrg) June 7, 1998 (2nd hrg) ',\cape-nt\cityclerk\citvclk\ordinances'¢oning\ear based comp plan amendments. doe Sert oy: I'VE`! HARRIS WALLS 4070297883; 12;'09;98 10:54AM;)tj& #916;Page 1 FAX TRANSMITTAL DATT JOB NUMni6. SM: 19 NU TOTAL. MiMIE lOF PAM, 2 {KLU0116 ft cover letter) ?kw caB ig jMMtWTEIT to ttamaaion is not retched iw in eadrtty or (any part or A of It B not readabk. sP UL OMS O1R MSTINKTIOK VTORMSIP WFAKW O YY 1161, Hillis s Wild, lit. PtIN1116 (lilt TIM1t11N6 LJIIs(Ilt AIttIT6(1IIt r(Itoo 1w IIIvi(is TIAN616ITAII09 etlltl (I1<1TII(T101 1MICtI !;1 loath Orlando Alcnuc WIte too Wintet P0, florldA J1111 lUl3N0IL 401.62'•61No fAX: 4al. 611.1881 li6Nt46t ANY.IAThill N.t011 Sert oy: iVEv HARRIS WALLS 4076297883; 12;09198 10:54AM;JgL&L #916;Pa9e 2 0 VA To: Bennett Boucher, City Manager From: Todd Peetz, IH&W, Inc_ Subject: City Council Meeting December 15, 1998 Date: December 9, 1998 Please find attached the change out pages from the City Council workshops. They are the following: Irtr. gARR!s « WAM. Irc. PLS IIIN4 LIYIt 11(initim LANWAPI A101rt 'W f(GLOWAL $Mitt, TRdRf1OR WOtl !♦WIN (001TRU(TIOR St wll Text: • Conservation and Coastal Management Element, Page 4, second paragraph, "Only" was taken out of the second sentence. • Minor changes in Table 1-1, adding Brevard County Correctional Center and info to the Canaveral Port Authority relationship. • Updated Recreation Table 5t2, to reflect two acres per thousand and three acres per thousand after 2005. • Corrected Transportation Maps 4-1 and 4-2. • Corrected Future Land Use Map 7-3 GOPs • Conse nation Element, added policy C-2.9, the consideration of treating storm water and added the hazardous waste round up to policy C-5.1. • Coastal Management Element page 3, properly tabbed Scaley Bark Beefwood and African Bowstring. • Coastal Management, added to Policy CM -11.1 to include the phrase "consistent with concurrency management." • Infrastructure Element page 6 & 7 and Future Land Use Element were repaginated to save space. I will be clean copies to the meeting for each Council Member. 6 31 Sratr Orlando AVtrut If you have any questions or need further information, please do not hesitate to contact me at wile 100 629-8880, Winter ParP., t arida S:;dq llurw( 4q 04 1180 FAX 4016.gTiB; WIvAu +rww,iWisa.tam Sert 0y: IVES HARRIS WALLS 4075297883; 121!09/98 10:54AM;)gj Fax #916;Paye 3 within each area which must be maintained if essential natural functions are to continue. The City of Cape Canaveral extends from the Atlantic Ocean community to the Lagoonal community. The first five communities listed above are found within the City of Cape Canaveral. Some of the major characteristics of these communities are shown in Table 2-1. Condition of Resoumes in the Cape Canaveral Area. An additional factor pertaining to the natural environment of the community is the condition of its resources. Rule 9j -5.013(a) requires that the following natural resources, where present within the local government's boundaries, be identified and analyzed: 1. Rivers, bays, lakes, wetlands including estuarine marshes, and air, including information on quality of the resource available from and classified by the Florida Department of Environmental Regulation; 2. Floodplains; 3. Known sources of commercially valuable minerals; 4. Areas known by the local soil and water conservation district to have experienced soil erosion problems; and 5. Fisheries, wildlife, marine habitats, and vegetative communities including forests, indicating known dominant species present and species listed by federal, state, or local government agencies as endangered, threatened or species of special concern. Air Resouroes. In general, air quality in the Cape Canaveral area is good. Those problems that have occurred are due prunarily to the two power plants which are located nearby. Individuaiiy, each of these plants usually meets state requirements. At times, however, CONSERVATION AND COASTAL MANAGEMENT ELEMENT 4 City of Cape Canaveral Draft EAR -Based Amendments Ivey, Harris & Walls, Inc. October 28, 1998 Sen' by: !VEY HARR:3 WALLS 4076297882; 12109i98 12:55AM;)filFpx #916;Page 41,122 Table 1.1 EXISTING IN'T'ERGOVERNMENTAL COORDLYATTON MECHANISMS City of Cape Canaveral, Florida Federal: Commerce Department art " onmental Protection Agency Federal Emergency Management Agency environment including hazardoux wastes Floodplain regulation and management Dousing k Urban DevelopmentICooperation with County on Block Grant �FundmQ i U.S. Coast Guard Pistress sik'nals, Ancidgnits on open seas U -S- ArtuX Corps of EnSkeers i RegulationSdredge & fill)i bridge construction; beach renourishment U.S. Postal Service �Cogvdination m10 tinZ to.addresces for new construction/subdivisions I State of Florida apartments ot} Community Affairs (Planning, assistance (contact); FloodRlein manageme" enerU requirements Department of state, Division. iHistoricxl & archpeoingical resource issues Adntinistrstion, B1_ fi Fire, liuildm Mechanism ''I Building 1 Administration 3 EO—U- I Building 1 Building � 2 I i Administration, Buildin Building 6 Sert oy: IVEY HARRIS WALLS 4073297883; 12109/98 10:55AM;Jg&�#913; Page 5122 Table 1-1 cont. EXISTING INTERGOVERNMENTAL CQOR2IN,,6nQN hgCHANISMS City of Cape Canaveral, Florida ironmental Protection General Services Children and Families 5ervices H4hwgy Safety and Motor Vehicles Law F- l rcement (FDLE) NaWrnl Resources Professional Regulation Revenue TtansRortation State of Florida (Other): Board of Administration Game and Fresh Water Fish Commission standards for pRlim certification "Regulation, information, permitting, lassistance, Marine Patrol aquatic Preserve Building. SanitarX 1 Sewer Administration 3 Police 7 Police 1 Police 6 Buildinf,Police 1 Fire 1 i finance Administratio 3 PgbUQ Works I Finance 1,2,3 Police 1 7,7 Finance 1.7 Sent oy: IVES 4ARRIS 'HALLS 4078297883; 12;09:98 10:56AM;Jtj& #916;Page 61,122 Table 1-1 con't. EXISTING 2ITFRQgVgR-NMEN jAI, COORDINATION MECHANISMS CiI of Cape Canaveral, Florida Office of Insurance Rwwrtirt Commissjooer I Regional Agencies: i East Central Florida Regional •Regulation,,„reportiin& Plannmgassistance Planning Council St Iohns River Water i Water resourceylan�� g and management; Mamagement District IM mittingof surface watm management 2 stems, consumptive use, well eonstructior Surface Water Iml2rovement and Management (SWM Program Brevard County Animal Control Brevard Counlyg�orrectioml Cent Civil (Defense County Commissioners Drug Task Force ereencv Management Health Department (State Office} Hne4siin� Authority Library Services Metropolitan Planning Adoption of Counx Ordinance by Cites Prisoner 466iftAnce and labor Emereencv vreveredness; 911 Svstem Agreement LocAl option Gasoline Tax Revenue Distribution I.aw enforc*mpnt with rppresmutiv_e_s_from City Police Hurricane Evacuation ,Regulation, enforcement; Restayrant regulation. rabies, infectious diseases I 1 i Bugding IAB Police 1,3 Administration, 6 Police Police 2-5 Administration, 2 Finance olive 3 Police 3 Fi'm pi e 7 Buildine 3 Administration 3 Administration 5 Ser.t oy: IVEv-IARRIS WALLS 4076297883; 121109!98 10:56AM;JetFex #916;Page 7/22 Table 1-1 29nt EVSTIAIG INTERGOVERNMENTAL. COORDINATION MECHANISMS City of Cape Canaveral, Florida Mutual Aid/Fire/Police Natural Resources Plannin¢ and Development Services Department Ftopgft A aiser's Office Public Works Assistance Brevard County Brevard County Public Management Association Brevard Coua/ Brevard Community, Cek&e- Space Coast 1.P4gue of Cities Florida Le4eue of Cities Cave Canaveral Volunteer Fire Department Police, Fire Beach12reservation, restoration, Administration Census repot reporting of current streets; Buildine Shouse numbers of Emergency 911 System i ;Recording of all building permits Building Street sign fabrication; traffic sjZnal Public Works maintenance; Coun roads City Managers / County Administrator; Administration coordination ! problem solving "L,ocal Government Traininf Institute," Administration Administration Administration Administration 3 4,6 2 2 3 4 4 3 3 3 5 Sert by: IVEY -1ARRIS WALLS 4073297883; 12,`09198 10:56AM;jetFex #916; Page 8122 Table 1-1 cont. EnsTING INTERGOVERNMENTAL COORDINATION MECHANISMS On of C%t CanaveraLrids Marine Resources Coun National Orgaruzatinn ocL Disab' Franchises: Florida Power & Up_ht City Gas Co. of Florida Southern Bell Southland Communication City of Cocoa Canaveral Port Authority !Public awareness. intergovenrunental lAdmnustration coordination scientific research, funded by te Legislation/grants; comerphensive I planning assistance Problem solving% coordination for benefit of Ad_ministration handicapped Pectric Service; l j28/92 to 1/2$/22 Natural Gas Service, I/181% to 1/18/26 !Telephone 5elvice: $13(95 to 8/3/25 Cable Television Service; 9/15/94 to Water Service: 912.1/94 to 9(21124 mechanism 5 5 Administration I 3 Administration 3 Administration 3 (Admin istration 3 Administration 3 Administration, Fire 3 Sert oy: IVES-IARRIS WALLS 4078297883; 12;09198 10:57AM;Jgj&, #91E;Page 9!22 Tabl 5.2 REALISTIC FUTURE PARKLAND REQUIREMENTS Cape Canaveral, Florida Year Projected Population '"Existing Parkland "Total Parks Required in acres Deficit in acres in acres 2000 9,5(10 27.5 18 0 2005 10,500 27.5 21 0 2010 11,300 27.5 33.9 -6.4 2015 12,050 27.5 36.2 -8.7 2020 12.700 27.5 38.1 -10.6 Includes both neighbarhood and community parlor. Based upcm Aknda-d of 1 acre; 1000 peTsorm Smrce: City o) Cal2e Canaveral, 1998 U.S. 21jurtent2f Qcmmcrft Bureau of the Census, 1990 Sert oy: IVES HARRIS ;MALLS i 4076297883; 12/09/98 10:57L1MjgL&L #916;Page 10'22 n q BANANA R2VEIt �IrO PROPOSED R� C ANGES: eNo PROPOSED CHANGES I. F-"= R3 to PUB eRat 2. from Yl to CZ a. From Cl do Ml to R3 4, From 91 to C2 �! 5A. "em PUB to CON eRx 52. From R.9 to CON a PROPOSE'_% FUTURE LAOND USE C2 CO1 U CULL/W1KWAiCnMING CL 1t1 WDUSrfUL M RWMr.V IAL R2 WM IM PUB PL B- t�CREAT[ON a a CON CO A ON AREA Q ARMUELOGICAL SITE n �T � 1V scuE, D^ S00 AOICD CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN C'UTURE LAND USE MAP Figure 7-3 A ATLANMC OCEAN I N H rW A Walls, hr- A.. �Q•Y.A� ft M• 1� a Sen` by: IVEY HARRIS WALLS 4076297883; '2;09!98 1C:58AM;JgLFM&_#916;Page '11"22 ,,, X B "IB AANANA MM T LEGEND PRINCIPAL ARTERIAL - 4 LANE COLLECTOR STREET - 4 LANE COLLECTOR STP.N:E? - 2 LANE DUSTING BUS ROUTES F=TING BUS STOP EXISTING LEVEL OF SERVICE B Pi AK HOUR C PEAK HOUR lY 3CALC 0 500 1009 r7f U CITY OF CAPE CANAVERAL EXISTING TRAFFIC Fleura 4-1 4:0?= mm 9 ATL*.= OCEAN Ivey, Harma i Walls. Inc. P.Vmm. os�u . wswwr ww.na+. „P h0. kW* O.IL: '2-91-vh Sert oy: IVES HARRIS WALLS 4078297883; 12,!09/98 10:58AM; je[fax #916;Page 12/22 SCALL: p 300 1coo ex.s CITY OF CAPE CANAVERAL EXISTING TRAFFIC Flqure 4-1 LL'.Cr,C. tV L PRINCIPAL ARTERIAL — 4 LANE CDLLECTOR STREET - 4 LaE Cw ucToR STREET - 2 LANE Ivey, Harris d Walls, Inc. ,l�L .Mw�uw.• WM iM • VM.. wry. n ns •NIS (w M.W•ll Sent by: IVEY -IARRIS WALLS 4075297883, 12109/98 10:59AP.gI)�tFsx #91e—Page 13'22 Comprehensive Plan CONSERVATION MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Sert by: IVES -ARRIS WALLS 4076297883; GOAL 12,109/98 10:59AM;]etFs& #91 E; Page 14/22 Provide for the preservation and conservation of the City's natural resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. Objective C-1 Maintain or improve current quality of air. The measurement of this Objective is the quality of air within Cape Canaveral plus the degree to which the following Policies are implemented. Policy C-1.1: Join with other governmental entities in the area in an effort to prevent major industrial air polluters from locating within the coastal zone. Policy C-1.2: Prohibit un -permitted open burning of trash and debris within the City. Policy C-1.3: The City shall encourage alternative forms of transportation in conjunction with new development or new roadway projects (e.g., car pooling, mass transit, etc.). Policy C-1.4: The City shall cooperate with adjacent governmental entities to determine the feasibility of conducting air-quality impact analysis for projects that might cause violations of State air-quality standards and _determine if a periodic air-quality modeling program would be useful and feasible. Objective C-2 Conservation, appropriate use and protection of the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters. The measurement of this Objective is the extent to which water resources are conserved, appropriately used and protected plus the degree to which the following Policies are implemented. Policy C-2.1: Enforce the City's Stormwater Management Ordinance for control of stormwater runoff. CONSERVATION Pae 2 City of Cape Canaveral Adoption EAR -Based Amendments Ivey, Harris & Walls, Inc. December 15, IM Sert oy: IVE" HARRIS WALLS 4078297883; 12,109/98 10:59AM;Jgl& #91E;Page 15/22 Policy C-2.2: Continue to work with Brevard County in enforcement of its ordinance requiring recirculation of water used for heat pumps. Policy C -2.3 - Minimize man -induced sedimentation, excessive freshwater runoff, and other non - point source pollution into the Banana River and the Atlantic Ocean. Policy C-2.4: Cooperate with the St. johns River Water Management District, Brevard County, and the City of Cocoa during times when emergency water conservation measures are in effect. Policy C-2.5: The City shall ensure that its Land Development Regulations contain a requirement making development contingent upon the availability of adequate potable water. Policy C-2.6: The City shall evaluate alternatives for the conservation of existing water supplies. Policy C-2.7. The City shall evaluate the need for retrofitting stormwater systems which do not meet existing State standards. Policy C-2.8: The City shall maintain an ordinance which prohibits the removal of littoral vegetation from the Banana River. Policy C-2.9: In an effort to further protect the Banana River, the City may consider the treatment of storax water discharge via the City's sewer treatment facility. Objective C-3 Conservation, appropriate use and protection of soils and native vegetative communities within the City. The measurement of this Objective is the extent to which soils and native vegetative communities are conserved, appropriately used and protected plus the degree to which the following Policies are implemented. CONSERVATION Page 3 City of Cape Canaveral Adoption BAR -Based Amendments Ivey, Harris &%Valls, Inc. December 15, 1998 Sert ::)y: I'VE riARRIS WALLS 4075297883; 12!09/98 11 :00AM; jtL&L—#918;?age 18/22 Policy C-3.1: Continue to enforce the City's landscaping and tree ordinances to help prevent soil erosion and to protect trees within the City. Policy C-3.2: Work with private developers to preserve, where possible, indigenous plant communities. Objective C-4 Conservation, appropriate use and protection of wildlife, wildlife habitat and marine habitat. The measurement of this Objective is the extent to which wildlife, wildlife habitats and marine habitats are conserved, appropnately used and protected plus the degree to which the following Policies are implemented. Policy C-4.1: Join with other governmental entities in the area in an effort to prevent major water polluters from locating within the coastal zone. Policy C -4.2t In order to protect regionally significant coastal resources, discourage dredge and fill activities as a means to develop small waterways, and closely coordinate review of such activities with the Florida Department of Environmental Regulation, The Florida Department of Natural Resources, and the US Army Corps of Engineers. Policy C-4.3: Work with private developers to preserve, where possible, indigenous animal communities and regionally significant natural vegetative communities. Policy C-4.4: Cooperate with federal, state and other local agencies to protect endangered and threatened species of animals. In this regard, the City shall ensure that development approvals are contingent upon consideration of endangered species. Policy C4-5: The City shall adopt an ordinance providing for measures to protect sea turtle nesting activities. CONSERVATION Page 4 City of Cape Canaveral Adoption BAR -Based Amendments Ivey, Harris & Walls, Inc. December 15, 1998 Sert by: IVEY HARRIS WALLS 4078297883; 12/09/98 11:OOAM;jgL&L #916;Page 17/22 Policy C-4.6: The City shall enact an ordinance which provides for adequate upland buffering of the only shoreside wetland in Cape Canaveral. Policy C-4.7: The City shall prohibit developments that are feasible only through creation of land by dredging and filling of areas below mean high water. Objective C-5 The City shall be prepared to deal with problems relating to the disposal of hazardous wastes. The measurement of this Objective is the degree to which the following Policies are implemented. Policy C-5.1: The City shall coordinate with Brevard County to disseminate educational materials to the public concerning the disposal of hazardous wastes, such as the county's "hazardous waste round up." Policy C-5.2: The City shall cooperate with appropriate local, State, and Federal agencies in planning for both small- and large-scale hazardous waste problems. CONSERVATION Page 5 City of Carpe Canaveral Adoption EAR -Based Amendments Ivey, Hands & Walls, Inc. December 15, 1999 Sert by: INE" HARRIS WALLS 4076297883; 12;09/98 11:00AR4i)et& #91E,Pa9e 18/22 Policy CM -1.6: In cooperation with state and federal regulatory agencies and primate developers, the City shall monitor development in those areas with overriding environmental limitations to development. Policy CM -1.7: The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone, including the following noxious species: Causarina cunninghamians (beefwood) Causarina glauca (5caley-bark Beefwood) Causarina equisetdolia (Australian Pine) Dioscorea bulbifera (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) lZincinus conuniu-is (Castor Beam Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) Objective CM -2: The City shall take action in an effort to maintain or improve estuarine environmental quality. The measurement of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. Policy CM -21: The City shall work toward limiting the specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and living marine resources, and beach and dune systems. Policy CM -2.2 - The City shall enforce its ordinances which minimize man -induced sedimentation, excessive freshwater runoff, and other non -point pollution sources. COASTAL MANAGEMENT _ Page 3 City of Cape Canaveral Transmittal EAR -Based Amendments Ivey, Harris & Walls, I=. October Z8,1998 Sent oy: IVEY HARRIS MALLS 4075297883; 121091,198 11:01AM;JgJ& #916; Page 19!22 Policy CM -9.4: The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. Policy CM -9.5: The City shall provide transportation or parking facilities for beach and river shoreline access, to the extent feasible. Objective CM -10: The City shall provide for protection, preservation, or sensitive reuse of historic resources, as these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected, preserved or reused in a sensitive manner and the degree to which the following Policies are implemented. Policy CM -10,1: As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. Policy CM -10.2: The City shall maintain a list of historic resource sites to be used to cross-check against proposed development. Objective CM -11: The City shall establish level of service standards, areas of service and phasing of infrastructure in the coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. Policy CM -11.1: The City shall require developers to finance and install water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. COASTAL MANAGEMENT Page 8 City of Cape Canaveral Transmittal FAR -Based Amendments Ivey, Hasris ds Walls, Inc. October 28, 1998 Sert 'ov: IVE" HARRIS WALLS 4076297883; 12;09198 11:01AK4;jetFax #916; Page 20/22 The City shall monitor the performance of the garbage and trash pickup service to assure the best service available at the lowest possible cost. Policy SW -1.4: The City shall cooperate with the County in providing for future facility needs for disposal of solid and hazardous wastes. Policy SW -1.5: The City shall cooperate with the County in establishing and utilizing needed LOS standards for solid waste facilities and services. The current LOS of 8.32 lbs, of solid waste per capita per day is hereby adopted as the LOS standard for solid waste disposal. POTABLE WATER GOAL The overall goal for this sub -element is .provision of potable water facilities to meet the needs of the existing and future inhabitants of Cape Canaveral. Objective PW ] The City shall cooperate with the City of Cocoa to assure and maximize use of existing potable water facilities for all existing and future residents and businesses in the City of Cape Canaveral in order to have access to potable water facilities during the 5- to 10 - year time -frame and encourage infill development to limit urban sprawl. This objective is measured by whether or not potable water is available for all residents and businesses and the extent to which development takes place on infill parcels; and the degree to which the following Policies are implemented. Policy PW -1.1: The City shall cooperate with the City of Cocoa in provision of potable water for the citizenry of Cape Canaveral. Policy PW -1.2: The City shall require developers to install potable water distribution facilities and to connect those facilities to Cocoa's water system for all new development. INFRASTRUCTURE Page 6 City of Cape Canaveml Adoption EAR -Based Amendments Ivey, Harris &'Walls, Inc. December 15,1998 Sert oy: IVE" HARRIS WALLS 4078297B83; 12/09/98 11:02AM;JefFax #916;Page 21/22 Policy PW-1.3: Cape Canaveral shall cooperate with the City of Cocoa in establishing priorities for replacement, correcting existing facility deficiencies and providing for future facility needs. Policy PW -1.4; The City shall cooperate with the City of Cocoa in establishing and utilizing LOS standards for water facilities. Two LOS standards are hereby adopted by the City: the standard for consumption is 264 gallons per household per day; the standard for water pressure is 60 psi. Policy PW -1.5: Prior to expiration of the existing contract between Cape Canaveral and Cocoa for potable water service, the City shall review the systems performance as a guide to use in negotiating the next contract. Objective 11W=2 Assure that potable water is available to all existing and future residents and businesses, even during times of dry weather. Measurement of this Objective is the extent to which potable water is available to all residents and businesses and the degree to which the following Policies are implemented. Policy PW -2.1: The City shall cooperate with the City of Cocoa and the St. Johns River Water Management District in establishing, utilizing and enforcing potable water conservation strategies and techniques. Policy PW -2.2: The City shall investigate the feasibility of local implementation of the following water conservation concepts: a water conservation public education program; requirements for installation of low water volume plumbing fixtures; the incorporation of water conservation concepts in landscape regulations; the identification of areas suitable for use of reclaimed water. Policy PW -2.3-: The City shall work with Cocoa Water System to evaluate water supply alternatives and to identify an emergency backup source of supply. INFRASTRUCTURE Page 7 City of Cape Omaveml Adoption EAR -Based Amendments Ivey, Harris & Walls, Inc. December 15, 1998 Sent by: IVE" HARRIS WALLS 4078297883, 12,109198 11:02AM;jgj& #91E;Page 22`22 commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: CRITERIA. A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage, solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision- making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. FUTURE LAND USE Page 7 City of Cape Canaveral Adoption EAR -Based Amendsaents Ivey, Harris & Walls, Inc. December 15,1998 Meeting Type: Regular8 Meeting Date: 12-15-98 AGENDA Heading Discussion Item 12 No. Public works director's memo of 12/8/98 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REUSE PROJECT UPDATE DEPT./DIVISION: WASTEWATER/PUBLIC WORKS Requested Action: The City Council asked staff to present a status report of the project to date. Summary Explanation & Background: See the attached memo from our public works director. Ed Gardulski and Richard Fernandez will be in attendance to answer any questions you may have. Exhibits Attached: Public works director's memo of 12/8/98 City Managet' ffice % Department WASTEWATER/PUBLIC WORKS g:/aco /meeting 998/1 reuse.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulskill Public Works Director DATE: December 8, 1998 RE: Reuse Construction Update Attached is a Reclaimed Water Construction Summary of the construction progress. Basically, the Contractor has utilized 66% of the contract period. Delays were due to mobilization and equipment failure. Only one day was due to weather and one day due to the Space launch. Dial Communication has had a construction crew change this month. Anticipating improvement in production. Richard Fernandez, of Quentin Hampton Associates, will present an up date on the construction progress and answer any question Council may have. CC: Mark Hampton Walter Bandish, File Reclaimed Water Construction Summary Notice to Proceed Date August 3, 1998 Contract Expiration Date February 22, 1999 Contract Time DAYS Percent Original contract 180 Change Order 1 35 total 215 Time Expired 141 66% Time remaining 74 34% Phase I Construction Pipe Installed Estimated Quantity Installed Percent 6 inch pipe 1,750 0 0% Services 27 12 44% Phase II Construction Pipe Installed Estimated Quantity Installed Percent 6 & 8 inch 4,970 4,970 100% 4 inch 7,200 3,780 53% Total 12,170 8,750 72% Services 195 60 31% Phase III Construction Pipe Installed Estimated Quantity Installed Percent 6 inch 5,680 - 0% 4 inch 1,315 - 0% Total 6,995 - Services 185 0 0% Total Phases Pipe Installed Estimated Quantity Installed Percent Pipe 20,915 8,750 42% Services 407 72 18% Construction Cost Total Amount Invoiced Percent Phase 1 $ 60,775.00 $ - 0% Phase II $ 297,425.00 $ 118,067.70 40% Phase III $ 200,580.00 $ 2,750.00 1% Total $ 558,780.00 $120,817.70 22% Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heading Discussion item 13 No. Council motion, resolution or ordinance on record for acceptance of the dedication of this property. During this AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: TOWER BLVD. DEPT./DIVISION: STREET/PUBLIC WORKS Requested Action: Mr. Hunt Shuford of Cevesco, Inc. has requested that the City Council commit to the construction of the remaining east/west section of Tower Blvd. Summary Explanation & Background: In April of 1990, Cevesco, Inc. deeded the Tower Blvd. land to the city. The deed stated that the city install, pave and maintain a public road known as Tower Blvd. There was no stipulated time frame. There is no City Council motion, resolution or ordinance on record for acceptance of the dedication of this property. During this time frame, construction plans were drafted and there was a letter written by former city manager, Leo Nicholas, stating that once Cevesco, Inc. had executed the deeds, the city would proceed with the paving project. Currently the north/south section of this roadway is complete. City Engineers SSA provided an estimate of approximately $115,000 to construct the remainder of this roadway. Does the City Council wish to proceed with this project? Please advise. Exhibits Attached: Deed/Nicholas letter/SSA construction estimate City Mana"s ffice Department STREET/PUBLIC WORKS :/a ' ouncil/meeting/199�8(12=1�Jg8 owendoc MEMORANDUM DATE: December 9, 1998 TO: Ed Gardulski Public Works Director FROM: John Pekar, PE SSA SUBJ: Engineering Construction Cost Estimate for Paving and Drainage of Final Road Segment of Tower Road, Cape Canaveral, Florida General The following construction paving and drainage estimate for segments of Tower Road has been prepared based on Briley Wild & Associates plans dated 2/6/91. Other pertinent items for this estimate include: 1. Roadway construction has been estimated from approximately Sta. 11+00 to Sta. 25+00 from the above referenced plans. 2. No soil borings or recent survey cross sections have been furnished to SSA. Subsurface soil costs and earthwork quantities may be required based on this field data. (Contractor items should be included in the bid document for these conditions.) 3. Placement of culverts at existing "paved" intersections will be necessary. (No costs for repaving these two areas have been included as a line item in the estimate, although the pipe costs have been added. Repaving has been included in the contingency.) 4. No record drawings for existing utilities have been supplied to SSA. Contractor should verify all utilities prior to bidding on work. 5. Some transition paving costs should be anticipated with this project. These costs have also been included in the contingency. ST'OTT'LER STAGG & ASSOCIA'T'ES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407.7831320 Fax 407-783age 1 of 2 L 000 ic. #AAC000329 #EB0762 #LB0006700 1: civAprojectslcapelm-tower cost estimate.doc "Great To Work For... Greater To Work Wile" Engineering Cost (Estimate TowerBoulevard Paving & Drainage Cape Canaveral,,' Florida No. Description.,Quanity Unit Unit Price Total: Price 1 1 Mobilization 1.0 L.S. $ 10,000.00 $ 10,000.00 2 Construction Survey 1.0 L.S. $ 5,000.00 $ 5,000.00 3 Laboratory Testing 1.0 L.S. $ 2,500.00 $ 2,500.00 4 Clearing & Grubbing 1.9 AC. $ 1,500.00 $ 2,850.00 5 1-1/2" Type S-1 A.C.S.C. 3735.0 S.Y. $ 3.25 $ 12,138.75 6 8" Limerock Base 4045.0 S.Y. $ 6.50 $ 26,292.50 7 10" Stabilized Subgrade 4665.0 S.Y. $ 3.75 $ 17,493.75 8 6" Stabilized Shoulder 1556.0 S.Y. $ 3.00 $ 4,668.00 9 Swale Excavation 1170.0 C.Y. $ 3.00 $ 3,510.00 10 Swale Ditch Block (w/Sodding) 8.0 EA. $ 250.00 $ 2,000.00 11 14" x 23" ERCP 174.0 L.F. $ 25.00 $ 4,350.00 12 14" x 23" M.E.S. 6.0 EA. $ 500.00 $ 3,000.00 13 Sodding 622.0 S.Y. $ 1.60 $ 995.20 14 Seed & Mulch 4980.0 S.Y. $ 0.30 $ 1,494.00 Sub-Total $ 96,292.20 20% Contingency $ 19,258.44 Total $ 115,550.64'. civ 7:d:lcivil\cape\tower blvd cost estimate Page 2 of 2 Awn , e. self-addressed stamped envelope) RECQIlI 1:fi •', VERtFIL-D .+ Jalet 3. Theriac S _ "RL 1,1"1 ':) ; I err... 96 Wiliard Street Suite 302 -Cocoa, Florida 32922 its Instrument Prepared by: James S. Theriac a,..•: 96 Willard Street Suite 302 Cocoa, Florida 32922 D- M 8 d 8 3 6 7 r d 90 APR 2 7 AM l l : 24 Z 2- IctICi;U r Ilievald Le, Ilotida SPACE ABOVE THIS LINE POA PROCESSINO DATA this Quit-flaim ])Bed, Executed this �vb day of CEVESCO, INC., a Florida Corporation SPACE AIMME THIS LINE FOR RECORDINO DATA /:fpr! If I A. D. 1990 , Ly first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose posloffice address is Post Office Dox 326 Cape Canaveral, Florida 32920 second party: (who ver (seed herein rhe trrm. '•f nr parry" nd ' ..nd every" dull inrludr rinsnlar .nd pha.l, hriry lea•! reps enrarives, .ndj Dian. of individuals, ..d rhe mao+ms and .ui.m of cnrrwnrinro, wherever rh. e ..I ro rsimirr or mquiro. Wtnessethr Th., lire said firs( parry, for (still in considcralion sf lire snot of S 10.00 ire hand paid by lire said second party, lire receipt whereof is hereby acGnoudedged. does hereby remise, re- lease nasi quit -claim unto the said second party forever, all lite right, title, interest, claim and demand which lire said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in Ilia County of Brevard Stale of Florida , to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpo>;a- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to install, pave and maintain a public road known as Tower Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments af,ainst the property of the first party for the cost of such installation, paving and maintenance. i To 11aue and to 11old lea same together wile all and singular lee appurtenances lhereurrlo bclonoing or in anywise appertaining, and all lee estate, right, title, interest, lien, equity and claim what- soever of Ilse said first party, either in !au) or equily, to Ilse only proper lose, benefit and Behoof of lite .e d:yk ' sr•rond party forever. , _ In QQlitness 1llhereof, lira 'or. unrl scrderl these. prefi�Hisr�rlSlyVloyirpl( ,�epr''"r' said first pnrl)' hajo'! firs) above• wrillcr,, :, -'�,1 C:� •'q:a �: Signed, sealed and deliverer) in presence CLO, INC- , a 'lori�'J;e 42ps �+ lin,,•: of: 0._ p �jyTinr= s p• ,.• 4 ...YYT�f'µ • .. - l...i,........1� X4 GY.. .................11ttesL....... l rri•• STATE OF FLORIDA, COUNTY OF 1 HEREBY CERTIFY Ihal on Ibis day, before .me, an officrr duly aulborixrd in lire Stair aforesaid and in the County aforesaid to take arknowlfdeline rpE'rarllgl ilf �.{d rifor t /1• Fir Kin c, 71• < Td•. to site known to he the person Sdcscribfd in and who exrcuud dv foregoing iletter til and thq} �yo(hdSed hfrnre all, that they executed the same. on behalf of said Corporati -.,j •o .::\^ - j� � WITNESS my hand and official srnl in the County and Stair Last aforesaid this A. n Iqq 0r.lnlo •.1 rl..rirl:r .., I :"Ile Lir .` f' i' ,.•�..e...la Ely ''I ,. '' tl�l'I'ARY I'lltl1.1C, "'t it "C��r�trTit Ida r;xII l It I !, SURVEYOR'S,DE£CRIPTION: (CENTRAL BOULEVARD) A STRIP OFA LAND 100.00 FEET IN WIDTH LYING 50.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 35 46'12" W, FOR A DISTANCE OF 401.26 FEET TO A 1/2" IRON ROD IN THE CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED 9-2-59; THENCE N 37 22112" W, AS A REFERENCE BEARING ALONG SAID CENTERLINE, FOR A DISTANCE OF 2037.55 FEET TO A NAIL; THENCE S 62 37148" W, FOR A DISTANCE OF 50.77 FEET TO A POINT ON THE SOUTHWES'T'ERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 BEING THE POINT OF BEGINNING; THENCE CONTINUE S 62 37148" W, FOR A DISTANCE OF 374.73 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 611.05 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 27 54'52", FOR A DISTANCE OF 297.70 FEET TO A POINT OF TANGENCY; THENCE N 89 27'20" W, FOR A DISTANCE OF 1008.73 FEET TO THE POINT OF TERMINATION OF SAID 100.00 FOOT STRIP OF LAND. SAID 100.00 FOOT OF LAND BEING BOUND ON THE EAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 AND ON THE WEST BY A LINE PASSING THRU THE POINT OF TERMINATION BEARING N 00 50'54" W. AND TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP; ON THE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO THE SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE SOUTHEASTERLY LINE OF SAID 100.00 FOOT STRIP OF LAND. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL, BOUNDED AS FOLLOWS: ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP; ON 1'IlE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND DN THE NORTHWEST BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO CITE NORTHWEST, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE VORTHWESTERLY LINE OF SAID 100.00 FOOT STRIP OF LAND. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL OF LAND BOUNDED AS FOLLOWS: ON PHE NORTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP OF LAND; ON PHE WEST BY TETE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60.00 FEET OF SAID 100.00 FOOT STRIP OF LAND AND ON THE SOUTHEAST BY THE ARC OF A CURVE HAVING r% RADIUS 25.00 FEET CONCAVE TO THE SOUTHEAST, TANGENT TO THE SOUTHERLY EXTENSION )F SAID EAST LINE AND TO THE SOUTH LINE OF SAID 100.00 FOOT STRIP OF LAND. LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD )OOK 782 AT PAGE 150 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE 'ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF TERMINATION OF THE 1BOVE DESCRIBED 100.00 FOOT STRIP OF LAND; THENCE N 00 50'54" W, ALONG THE WEST ,INE OF SAID 100.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 31.91 FEET TO THE 'DINT OF BEGINNING; THENCE CONTINUE N 00 50'54" W, FOR A DISTANCE OF 18.10 FEET; TIIENCE S 89 27'20" E, FOR A DISTANCE OF 19.83 FEET; THENCE S 31 38'24" E, FOR A )ISTANCE OF 4.99 FEET; THENCE S 58 21'36" W, FOR A DISTANCE OF 26.05 FEET TO THE 'DINT OF BEGINNING. OFF, REC. PAGE 3n57 n446 13. City Manager's Report Mr. Nicholas reported on the signs, lighting and painting at the Library. He noted that there was paint peeling from an inside exterior wall of the building. He reported on the Beautification projects which is mostly replacing plants damaged by the freeze, mowing and general main- tenance. J He also noted that CEVSCO had signed a quit claim deed on Tower \ Boulevard. The Purchase Order for the traffic light at AtA and Canaveral Beach had been issued and the work on the Long Point Road Sewer extension was underway. He informed Council that the VFW had received several sugges- tions regarding places for the Veterans' Memorial to be placed, including Cheri Down Park, NE corner of Library Property and a few other locations. He noted that the Memorial would be one that would be an asset to the City. Mr. Randels and Mrs. Thurm supported the idea of the Memorial being placed at the Library. I I T C(`I 1 CC T ll AI The question was raised regarding the enforcement of parking at Harbor Heights. Sgt. McGhee has been instructed to enforce all violations. There being no further business, the meeting was adjourned at 10:00 P.M. at',�Ar�4� /e - Angel R. Taylor Deputy City Clerk City Council Workshop Meeting April 26, 1990 Page 3 of 3 Q` Z � r City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 328 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 CITY OF CAPE CANAVERAL f;. April 19, 1990 Mr. George Firkens Cevesco, Inc. P.O. Drawer "S" Cape Canaveral, FL 32920 Dear George: Thank you for your prompt reply in having the surveys made of the Tower Boulvard relocation and of west Central Avenue. The City Attorney has prepared Quick -Claim Deeds for these roads, and once they are executed we will proceed with the paving project as we have discussed. Your cooperation in this matter is greatly appreciated and will certainly result in improvements which will benefit the City and Cevesco. Sincerely, Leo C. Nicholas City Manager LCN/ab /g:/ ' council/mee %199 /arts.doc Meeting Type: Regular Meeting Date: 12-15-98 AGENDA Heog Discussion Item 14 No. N/A AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ESTABLISHMENT OF AN ARTS COUNCIL DEPT./DIVISION: LEGISLATIVE Requested Action: Council member Hernandez would like for the City Council to consider the formation of an arts council to promote and organize cultural events within our community. Summary Explanation & Background: Discussion item. Exhibits Attached: N/A City Ma is Office / Department LEGISLATIVE