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HomeMy WebLinkAboutAgenda Packet 07-15-1997CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: USA Waste contract extension Ity of Cape Canaveral WIL REGULAR MEETING TY HALL ANNEX nue, Cape Canaveral, Florida TUESDAY July 15, 1997 7:00 P.M. AGENDA CONSIDERATIONS: I. Motion to Approve: Mmutes, July 1, 1997 Regular City Council Meeting Minutes 2. Motion to Approve: Procurement of a Pedestrian Bridge for the Ditch East of SR AIA. 3. Motion to Approve: Laboratory Cabinet Bid #97-01 to Laboratory Design and Supply, Inc., in the amount of $26,984. 4. Motion to Approve: Annual Audit Services with Bray, Beck & Koetter, in the amount of $23,825. ORDINANCES: 5. Ordinances 02-97 and 03-97, 210 Center Street Rezoning (TWC) - Postpone until August 5 DISCUSSION: 6. Reuse Water Policy 7. Skateboard Park d:\cityclerk\cltyclk\agendaVegular\ 1997\07-15-97.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda July 15, 1997 Page 2 REPORTS: 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: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. D:lcityclerk\CityCIk\AGENDA\REGULAR11997107-15-97.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Council Members Absent Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Secretary, Susan Chapman Public Works Director, Edward Gardulski CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the May 20, 1997 Regular City Council Meeting Minutes. An amending motion was made by Mr. Bruns and seconded by Mr. Petsos to delete the last sentence of item #10 on page 4. The amending motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For, and Mayor Pro Tem Randels, For. The main motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 3, 1997, Regular City Council Meeting Minutes. The main motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 17, 1997, Regular City Council Meeting Minutes. The main motion passed 4-0, with voting as d:\cityclelk\cityclk\minuteskegular11997\07-01-97.dm City Council Regular Meeting Minutes July 1, 1997 Page 2 follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 20, 1997, Special City Council Meeting Minutes. The main motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For; and Mayor Pro Tem Randels, For. 2. City Manager, Bennett Boucher, reported that research has continued on the Pedestrian Bridge Design Concept. He stated that a wooden bridge would be more cost effective than a steel bridge. The approximate cost for a steel bridge is $75,000 opposed to $36,000 for a wooden bridge. City Engineer, John Pekar, reported that he met with Chief Engineer, Ralph Brown of the St. Johns River Water Management District (SJRWMD) and he related that the agency has no concerns for permitting, nor a preference for the type of bridge. He also stated that Jack West of the Florida Department of Transportation (FDOT) will approve either bridge and can issue a permit within 30 days. He stated that the contractor for the wooden bridge can construct the bridge within approximately 2.5 weeks. Public Works Director, Ed Gardulski, advised that either bridge would require essentially the same amount of maintenance. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve a wooden pedestrian bridge design. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. 3. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Temporary Permit Extension for Tricon Development, Construction Trailer. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. 3. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Cooperative Purchase of Playground Equipment for Long Point Neighborhood Park with Cedar Grove, in the amount of $7,711.02. Mr. Hernandez reported that the plaintiffs attorney, opposing the park, requested that the city not proceed out of concern that the city could be left with $7,000 in playground equipment. Mr. Petsos commented that the city could use the equipment throughout the city in various parks. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For, and Mayor Pro Tem Randels, For. 5. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the School Resource Officer Agreement with the City of Cocoa Beach, in the amount of $4,618.34. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. D:\cityclerk\CityClk\MINUFES\REGULAR\1997\07-01-97.doc City Council Regular Meeting Minutes July 1, 1997 Page 3 RESOLUTIONS 6 Mayor Pro Tem Randels read Resolution No. 97-19 by title A RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CAPE CANAVERAL, FLORIDA ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION, PROPOSED RECLASSIFICATION OF WATERS TO PERMrr COMMERCIAL CLAMMING IN AREAS WITHIN AND ADJACENT TO THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL, FLORIDA. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97-19. Mr. Randels explained that the resolution expressed joint opposition to the Florida Department of Environmental Protection's proposal to permit clamming in areas within the City of Cape Canaveral and the City of Cocoa Beach. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. DISCUSSION: 7. City Manager, Bennett Boucher, explained that the Canaveral Port Authority is requesting Reuse Water and the terms of an agreement need to be established. Following extensive discussion, the following criteria was established as terms for an agreement: • Cost terms shall be the same as stated in the Port/Cocoa Beach Agreement. • Sites where reuse water will be pumped must be determined. • What quantity will be needed to allocate to all sites. • 100,000 gallons per day will be allocated for interchange use only. City Manager, Bennett Boucher, reported that the Planning and Zoning Board and the Local Planning Agency have proposed a C-2 Zoning District along the Al corridor. Extensive discussion ensued. Council concurred that the issue must be thoroughly considered during workshop session before expending the major costs of advertising an ordinance that may not pass because the change may not be necessary at this time. REPORTS: City Manager - Bennett Boucher Mr. Boucher reported that the pedway design has been submitted to the Florida Department of Transportation (FDOT). Mr. Boucher reported that the drainage ditch is essentially cleaned and already mowed. D:\cityclerk\CityClk\MINUTES\REGULAR\1997\07-01-97.doe City Council Regular Meeting Minutes July 1, 1997 Page 4 • Mr. Boucher reminded Council that the Library Dedication will be held on July 2, 1997 at 5:00 p.m. prior the Wednesday-Friendsday function hosted by the City at 5:30 p.m. • Mr. Boucher reported that the Police/Fire signs are ready for the July 0 weekend. AUDIENCE TO BE HEARD: Art Berger, resident Mr. Berger requested Council opinion regarding development at the north end of the city. He queried if a development order that would permit phased hotel construction could be considered. He related that he would like to build an advanced professional suite hotel catering to the business industry rather than tourism (no bar/restaurant). Mr. Berger further proposed that he would like to commit 5 acres to construct 100 units, then build the additional 50 units and will pay for permits up front if required. Building Official, G. I "Whitey" Moran, stated that he is familiar with development orders and out of at least 30, only one failed to complete the project. City Attorney, Kohn Bennett, stated that a binding development order could be implemented by deed restrictions. He also opined that it would be a win/win situation for the City. If for some reason the 50 additional units were not constructed, it would provide less density and more green space on very expensive land. It would require an ordinance amendment to Sec. 122-01, reducing the certificate of occupancy requirement to 100 units and a development order. Council concurred to direct Mr. Bennett to draft an ordinance amendment and development order, following required procedures. Burt Francis, resident Mr. Francis reported that he had a bad experience with the Code Enforcement Board. He stated that he does not agree with the procedures. He stated that 5 days is not enough notice to appear before the board as he was unable to attend the night of the meeting. Mr. Francis had submitted a letter requesting that his case be tabled since he was going to be out of town. He stated that the board reviewed the letter and held the public hearing without his presence. He opined that he should be entitled to appear before the board to demonstrate his position. Council concluded that staff should respond to Mr. Francis' May 22, 1997 letter requesting postponement. Council may attend the next Code Enforcement Board Meeting on July 17, 1997. Council Member -Burt Bruns No report. Council Member -Tony Hernandez No report. Council Member -Buzz Petsos D:\cityclerk\CityClk\MINUTES\REGULAR\1997\07-01-97.doc City Council Regular Meeting Minutes July 1, 1997 Page 5 • Mr. Petsos queried if the SherifTs Department walls have been painted. • Mr. Petsos queried if Sheriff's Deputies are writing their reports at the Youth Center desk provided for that purpose. A Sheriffs Deputy representing Major McGee responded that the noise level is too high and distracting for officers to use the area for report writing. • Mr. Petsos opined that there should be more activity and presence of the Sheriff's Department at the Youth Center. • Mr. Petsos stated that transients have been sleeping under the crossover on Madison and queried why it took over four nights after the first report for a Sheriffs Department response. He questioned whether the crossover areas are being policed. • Mr. Petsos suggested that the City prepare a proclamation supporting the St. Johns River nomination as an American Heritage River. • Mr. Petsos reported that three resolutions were presented to all cities at the Space Coast League of Cities meeting. Two resolutions were submitted by the City of Titusville opposing nudism at Playalinda Beach, the third was a resolution was regarding topless clubs. Council concurred that the City should not become involved in those issues. The City of Cape Canaveral's current ordinances are more restrictive than the County's. • Mr. Petsos distributed a list of possible skateboard ramp sites in the City of Cocoa Beach that was submitted by Mayor Joe Morgan. Mayor Pro Tem -Rocky Randels • Mr. Randels reported that he attended the ribbon cutting ceremony for the Tourist Development Council located at Sheldon Cove. • Mr. Randels reported that the Brevard Metropolitan Planning Organization (BMPO) meeting is scheduled for July 21, 1997. The BMPO's priority list has been distributed to all Council Members mail. City Attorney -Kohn Bennett Mr. Bennett reported that the Planning & Zoning Board is continuing to review the proposed Telecommunications/Antenna Ordinance. He encouraged Council Members to attend the meetings. There was no further discussion and the meeting adjourned at 9:30 p.m. ATTEST: Sandra Rozar Sims, CITY CLERK D:lcityclerklCityClkIMINUTES\REGULAR11997107-01-97.doc John K. Porter, MAYOR Meeting Type: Regular Meeting Date: 07-15-97 AGENDA Heog Considerations Item 2 No. construct this project and should have this information for Tuesday's meeting. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROCUREMENT OF A PEDESTRIAN BRIDGE DEPT./DIVISION: PUBLIC WORKS Requested Action: That the City Council consider whether or not to award the pedestrian bridge construction to a local vendor or bid this project. Summary Explanation & Background: John Pekar of SSA submitted his sole source recommendation as to why we should utilize this local vendor. The public works director has instructed Mr. Pekar to provide a bridge design and (3) proposals from vendors to construct this project and should have this information for Tuesday's meeting. Council should carefully evaluate the factors presented by SSA in making a determination to procure this bridge now or bid this project. Exhibits Attached: SSA's letter of 07-07-97 City Mara Office Department PUBLIC WORKS July 7, 1997 Mr. Bennett C. Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 RE: Sole -Source Contractor for Pedestrian Bridge Dear Ben: In reviewing the upcoming construction of the Al Pedestrian Bridge we have evaluated criteria that would lead SSA to recommend Custom Docks, Inc. as a sole -source contractor for the project. These reasons include: • Custom Docks, Inc. has a large work force of over 30 people. This will allow the timely construction of the bridge in under 30 days, minimizing impacts to the ditch system. • Custom Docks, Inc. has a $2 Million Dollar liability insurance coverage. (They also have Workers Compensation Insurance.) • They have 21 years of experience working on the barrier islands. • They are experienced with regulatory agencies in the area. • They have past experience with the City (on some dune cross overs) and have also worked with Brevard County, Cocoa Beach, etc. • They have worked with City Engineers on past successful projects. • Custom Docks, Inc. is a local firm. • Custom Docks, Inc. has all materials for construction on hand. If you have any questions on the above, please call. Sincerely, John A. Pekar, PE Vice President JAP JIs cc: John Porter, Mayor STOTTLER STARMER & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. U. Box 1630 Cape Canaveral, Flonda 32920- 1630 407 783 1320 Fax 407 783 7065 c:lcWtgaas%capeu-bemefl sole swce co*ada.aoc "Great To Work For ... Greater To Work With" Meeting Type: Regular Meeting Date: 07-15-97 AGENDA Heading Considerations item g No. Design & Supply, Inc. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: LABORATORY CABINET BID NO. 97-01 DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider awarding Bid No. 97-01 to Laboratory Design and Supply, Inc. in the amount of $26,984. Summary Explanation & Background: There were only (2) vendors that bid on this project. The low bidder, per the public works director's memo of 07-07-97, did not meet all the bid specifications and, therefore, recommends the bid be awarded to Laboratory Design & Supply, Inc. This is a budgeted item with $25,000 appropriated, and I am requesting council appropriate an additional $1,984. I recommend approval. Exhibits Attached: Public works director's memo of 07-07-97• Vendors bid response City Mana Office J Department WATER RECLAMATION/PUBLIC -' WORKS 0&&m1n\couwH\W-1s-97W-01.m M E M O R A N D U M DATE: July 7, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: City Council Agenda Item for July 15, 1997 Laboratory Cabinets Bid Award Received bid proposals from Newton Seating Company and Laboratory Design & Supply Inc. for the purchase and installation of Laboratory Cabinets to be located at the Public Works Facility. The following is a. summary of two (2) Bids received: Newton Seating Company - $22,905. Additional permit fees were not included and several deviations from the specifications were not met, i.e., (2.02.c.2) Warranty period of three or more years specified, Bid a 1 year warranty period; (2.02.8.1) Leveling feet specified, No leveling; feet bid; (2.07.B) Stainless sinks specified, Epoxy sinks bid; (2.04.A.1) Marbleized epoxy counter tops specified, Flack epoxy counter tops bid. Laboratory Design & Supply, Inc. - $ 26,934. Meets the bid specification requirements. This type of cabinet is currently being used locally in a laboratory environment by the City of Titusville, UCF, and Cape Canaveral Hospital. In summary, Newton Seating Company was low bid and had several deviations from the City's bid specifications. Laboratory Design & Supply, Inc. met the bid specifications. Recommend to award the bid for laboratory cabinets to Laboratory Design & Supply .in the amount of $26,984. 07-10-1997 11:55AM FROM NEWTON SEATING CO. TO 14077993170 P.01 i3tfirsti: T41ophone: 2344 Harper Street 9044455-20M, Fax No_ 9041335-7MI NWSEATING COMPA Y, Inc. POST OFFICE BOX 2858 - JACiSSOWLLE. FLORIDA 32203 t � July 9, 1997 Ms_ Samira Rorer Sims, City Clerk City Clerk's Office 105 Polk Avenue Cape CanaavvrgtL Flor & 32920 RE: Bid # 97-01 Laboratory Cabinets NOTICE OF PROTEST t D= Ms. Sims: Please let tins solve to as our Notice of Protest under Chapter 120 of the Florida State Statutes. We were notifiad this dame of the award raccmineudation deladed in the Memorandurn of July 7, 1997 by Mr_ Fd Gardulski, Director of Public Works to Mr. BenmU Boucher, City Manager. We sincerely believe that our proposal represents the best interests of the City and there are some clarifications of our proposal still required. Please consider these points: i Our laboratory casework is mmufactured by Fisher Ham&on, the mamUfiU%M of casework wd Fume hoods in the Country. We are known throughoii the UuWsuty as the standard w quality Laboratory Furnishings_ Likewise Newton is one of the top 5 dealerships nationally. Fisher Handhon products are certified by both the State of Florida Contract and GSA Contract. + While all xnamdhcturers di#%r in construction the evaluation appears oadly to have centered on our deviation from the specifications and ignores wheae we ee caW the specificado os. We feel we meet or exceed the performance requi =amts of this project. • We believe the recommended bid should be rejected for failure, to provide the required Bid Bond / Performance Bonds, please refer to Item # 7 a dl b under Bid Subn*WAequireanents. We request a moetit)s be set up at your earliest couva ieace to discuss the issues relating to both proposals. We appreciate your consideration and look forward to a speedy rosolution to this situation. MCEk/gbs TOTAL P.01 07/10/97 12:59 TX/RX N0.0702 P.001 ■ Proposal of: vu nvnC A T _ LABORATORY CABINETS RFP NO. 97-01 LABORATORY DESIGN & supply, INC. 2090 Buford Hwy. N. E. (Name) Suite # 1B, Buford, Ga. 30518 (Address) to provide the City of Cape Canaveral with 'Laboratory Cabinets". The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Rozar Sims, City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. aboratorg D esign & Uppiu" 2090 Buford Hwy. NE, Ste. 1B Buford, GA 30518 Ph: 770-932-1118 Fax: 770-932-1550 1 -888 -LDS -3100 ext. 3 JERRY HEATHERLY Regional Sales Manager . O< 9633 Harry Place Dover, FL 33527 Ph: 813-986 867 OyQq Fax: 813-986-0871 jerryh@labds.com TOTAL COST: $ 2 6, 9 8 4.0 0 THU 14:54 I D : CLA;;S I C MODUL M/FL. TEL r0: 013/gE6-0571 #1335 Pk4 Tht uWarslgned also agms as follows: 1. The Contract will be effective knmedaately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 170 days from Proposal due date. Dated this � day of ur1 ,1997. Respectfully submitted, (Company or wig -on nam) <). �Fa� 163 (Stroet address, P.C. Box) A -o --t &,a Y, r (City, Stare, 1p code) By: iEgnatu , TWO) Jun -13-97 04:14P The Bond Excliange (704) 364-3214 P_01 THE AMERICAN INSTITUTE of ARCHITECTS !' I AIA Document A310 Bid Bond KNOW ALL MFN BY THESE PRESENTS, that we LABORATORY DESIGN K': SUPPLY INC. 2090 BUFORD HWY NE, STE 1B, BIJFORD, CoA 30518 as Principal, hereinafter called the Principal, and Contractors Bonding and Insurance company PO BOX 9271, Seattle, WA 98109-0271 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF CAPE CANAVERAL 105 POT.K AVE CAPE CANAVERAL, FL 32920 as Obligee, hereinafter called the Obligee, in the sum of 10% not to exceet FiVE THOUSAND & uurtoti DOLLARS Dollars(S5,M0,00), for the payment of which sum well and truly to he made, the said Principal and the said Surety, bind ourselves, our heirs, executors. administrators, successors find assigns, jointly and severally, firmly by (hese present. WHEREAS, the Principal has submitted a bid for LAiMRATORY CABINETRY NO. 974)1 NOW, THEREFORE, if the Obliecr shall accept the bid of the Principal and the Principal shrill rntrr into a Contract with tht: Obligec in accordance with thr (rrnts of such bid, and give ,uclo bond or bunds o may he specified in dic bidding or Contract Documents with good and ;ufticicri murety for the faiEiful performance of such C'ontracl and for the prompt payment of labor and marrrial turnished in the prosecution thereof. or in the event of the failure of the Principal to enter such (.'contract and give such hand or bunds, if the Principal shall pay lu the Obligee the diftcrcncc not to rx mi (hr penalty hereof hemccn the amount spcciticd in said bid and such larger :mount icor which the Obligec ma} in good faith contract with anethcr party to perform the Wtirk covered by said bid, then this. obligation shall be null and void, otherwise no remain in ful! force and effect. Signed and sealed this lb Dii..Y OF JIJNF. 1907 ieSC mug (Witness) LARORA t'ORY DESIGN & SUPPLY INC. Ccnuaclurs BuuJing dutl lusurancr t.'unq*nay Ey) (Seal.) (Seal) V (Title) Daly E. Clark ATTORNFY iN FACT �.'��. x +S. �4; AA pOC:,.MENT Aal a .Rip DO\D - AIA �t - FEt3raIARY 1P:0 EU • 1> -It A.dt41[; 41 INSr,TUTF. OP AFunTECTS 113b N.l'. AVE., N.W.. WASHINGTCN. O.C. 2000e �rGIInit AIF LIMITED POWER OF ATTORNEY Not Valid for Boeck Power of Attorney Executed On or After: September 30, 1959 Number: 519920 A Valid c)riginal r,l Ihi.S dc1<unli:hl most be printed 011 security paper with black, h!tle. '111(irc- ink, Inc_! mint hear the raised Seal of (:i:mtrai nrs Ifondinh and ill Ell YanCC (_Utllparly i the "(';orTtl,any unaltered original of this Dower of attorney is valid. If a phc)toC0PV, the 1s•4_1rd "VOID" should al1r)e;1T ili;lrl5 hl utic of rlii}rc pldcCs. Tllii Puwer of Atturncy is t alid solely in connection with Ills �•ZCcutiun and (ielirery of the hand heating the number intiirali•d below, pro%-kIcd the bond is of the type indit-mcd l e'low, and is valid cxtiv if the 1tt TId is executed on in- before the nate indiiatcd abuvc. KNOW ALL MEN BY THESE PRESENTS, that the Company dose hereby make, constitute and appoint the following: MARY N. BURNS, DALE E. CLARK and BETH J. JOy its true and lawful Attorneys) -in-Fact, with full power and authority hereby conferred in its name, place and ,stead, to execute, acknowledge and deliver: (1) BBA guaranteed performance and payment bonds not exceeding the penal scan of $1,250,000; (2) bid bonds for jobs athero, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds codad or classified by the Surety Association of America Manual Of Rules, Procedures and clallsifieation for Fidelity /Forgery and Surety Bonds (including future amendments therato) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,500,000; (4) bid bonds for jobs written pursuant to the authority in Clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,500,000; (5) all other bonds not exceeding the penal sum of $500,000; and (5) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under tU_�;zr tho ity of tho Board of Directors of the Company--------------------- ------------------------------------------ f t =------------------------------- ------------------------------- - ---------------------------- ------------------------ 6� ___--------•-------------- ---- CER I IFIC:ATE I, the undersigned secretary of cotltraCt{)rh Bonding al1d Ills(IranCet:;cirt)It�trty, a Washington corporation, DO HEREBY C:h;II I II Y tflat this polver elf ,%t(ornev remain, in full force and effect and has riot been revoked, arid, furthurn )rc•, that the resolutir-lns of tlri,. 13oard of DireCtOr5 set forth on the reverse re in full f()rcx• and afect. I $c.ttu.11unitlrr Signed Anil scal fill X. cd this r✓ fis rIf 1�1 . s ,.. tae �:y.�'►►°'rt* •e S�n.vllNbbbiff e. .N}t F:ivin t.. Lyhi•c k, . ct r, taro (: R1(. • ]'1.; �,ilh), direct • r'.c /l,<tz ��-1 • "ea I1!0, ��.� 9,6, 1 ()Q_( j')'T 1 (?t)ft fid'-?(I�:t ($(11.11 ?I�j.(,pi(: {�ati(;tlal) • ( 06) 3$2-`0622 FAX D I OPFPL = IFICATiM ID TrICAL TIE BIAS - Zn aecordance with F.S. 267.087, preference snal? be given to bua nes with drug-free workplace programs. whenever two or more bids which axe equal with respect to price, quality, and service are received by the State or by any political aubaivaision for the procurement oZ commod- itiea or =tractual so vices, a bid received from a business that certifies that it has implc=ted a dr49-free workplace program shall, be given preference iz% the award process- Establiened procedures for processing tie bids .will be followed if none of the tied vendors have a drug-free workplace program, In order to have a drug-free workplace program, a business shall: 1. Publish a ffitatemerit wtl'Ying employees that the unlas ftU manufacture, distribution, di.apensing, possessicnt or use of a controlled aubstaMe is prohibited in the workplace and specifying the actions that will be taken against eoplwyees fvr violations of such prcahibi,ticn. 2. inform employees mut the d=ge s of drug abuse in t_he workplace, the business's policy ofintai.ni_^_g a dru5-free workpla^e, any available drug cvt=eling, zahebilitation, and employee assistance programs, are- the penalties that may be imposed LPcn employees for drug abuse violations. a. Give eac-h eaployee erjaged in erovid.irug the ccmnodities or contractua1 services that are under bid a =,--y of the statement specified in sub- secticn (I.) .e 4. In the statement specified in subsection (1), notify the employees that, as a edition of working on the c w=::dities or contractu2a services tl- t are under bi.d, the employee will abide by the te:-ira of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of &2ptar 693 cr of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace na later than five: (5) days after such conviction. S. iupose a sanction on, or require the satisfactory participaticn in a drug abuse a031stance or rehabilitation program it such is av*ila le in the enpjQyes's ity, by any enTployee who is so convicted. 6. Make a goo, faith e.fort to continue to maintain a drug-free workplace through implementation of this section. As the person awthorized to sign Uie statement, T certify that this firm =p1jes fully with the above requirements. 1.5;V1 /� JUN -©5-' �7 THU 14:57 I D: CLHSS i C MODULAR:/FL., TEL N0: 613%966-0671 49-9 :z POS -- , ,,t 'e, ,, jai '. ,.It . ,r.•i .i f ,, �t.i ,,•' •, ,,;: SWOM STAT' MIT PUMANT TO SUCIZOPI W7,i,330) (a), j. $:>r r"A ,i rAU= ON PUBLIC ENT1W CRMIM TMS FORM MUST BE SIGN= AND SWORN TO IN TIM PRISM-44CE Or A NOTARY PUBLIC OR OMER OFFICIAL AUTHORIZED TO ADMNISTER OAMS. C ITV 0 - 1. This 9WM stat== iA submitted to — - , I I . the tp w Haus sass• c�tt- �' for �-- (print mtms of euu submitting sworn statement] whose business address is and (if appllcable) its Fc4eral, ployar Idomiticatloa Number (FEIN) is __S S r dZ j 13 o se (If the entity hes no VEIN, Includes the Social Security Number or the individual signing this sworn statement: ,) Z I understand that a "public entity crime" as defined In Paragraph 287.133(1)(g),means a violation of any state or federal Law by a person with respect to and directly related to tho Iran: action of business with any public entity or with an agoncy or polid=1 subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or sctvtcca to be provided to xny public entity at an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, rack.ctccring, conspiracy, or material misrepresentation. 3. I understand that'{coavicted' or'conviction' as defincd in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with of viithout an ad udlcat.iost of guilt, in any federal or Beate trial court or record relating to charges brought by indictment or information after yuly 1, 1989, as a routt of a jury verdict, nonjury trial, or eatry of a pl= of gunty or nolo'coatenderc. 4. I understand that an 'affiliate' as claimed in Paragraph 287.133(1)(a), T'Iarida 5tntU= means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under tho control of any natural person who is active art the management of the entity and who has bail Convicted of a public entity crime. no term 'affiliate' includc3 those oMwrs, directors, executives, partners, sbarchold;m, employees, members, and agents who are active In the managcntcat of 411 aMUatC, Tho owaorsh{p by one person of shares constituting a controlling interest In another person, or a pooling of equipment or Income among persons when not for fair markat value under an Arm's length agreement, snail be a prima fade case that one person controls another person. A person who knowingly e. -Iters Into a joint vontura with a person who has bcci,. convicted of a public entity crimp in Florida during tho pteCC Wg 36 months shall be canstdercd an amllatc, 3. I understand that a 'person' as defined In paragraph 287.133(1)(e), jaktnjUj0j means any natural persalt or entity organized under the Im of any state or of tho United $talcs with the legal power to enter Into a binding contract and which bids or appttes to bid on contracts for the provision or good or scrvicw Wt by a publlo catlty, or which otherwise transacts or applies to transact business with a public entity. The tcrm'pcmoa' includes those officcm, dircrtors, executives, partners, shareholders, employe-, members, and agents who are active in tnanagemcat of an catirf. Il- l•3'"b! 1'1(1 1! :11.3 VAA! lU'V.}'17D LA13 UtS1,?:V (L SI YYi1 W JUN -05`57 THU 14;55S I D; CLRSS I C MODULAR/RL. TEL 110: t 131986-(;8 1 ' �O t;US #9�J5 Pin 6. Based on information and boiler, the statement which I have marked below is true in relation to the entity submittin this Sworn amtoment. tindicate which statement appttrl.1 t Ndither the entity submitting this Sworn statenfea4 nor dny of its officers, directory, eroecttth'cs, pa nM, shareholders, employees, members, or agents who are active in the management of the entity, no any afnliato of the eniity has been charged with and convicted of b public entity crime subsequent to July it 1989, Tho entity Submitting this Sworn statement, or one or more of Its 012100M, dir+scWM mrocutives, or an Mtat of shareholdersp entitya hiss been charged with eor gents who ad coavictedeof pubUIn cnentitY �0 3ubsequeu ttotyJully, an a 1, 1989. The entity submitting this sworn StnteMtat, Or one or more of its nlM=, dlrmOrs, executives, partaers, shareholders, employees, members, or age:tta who are active in the management of the entity, or an affiliate of tho entity has been charged -with and convicted, of a public eatity rime SubsequeAt W July 1, 1989. Howmr, there has been a subsequent proceeding before i Hearing =1 of the State of Florida, -DIvfsion of Administrativo Hearings and the Fined Order entered by the Hearing Officer detemined that it was not in the public interest to plaice the entity submitting this S%vorn statement on the convicted vendor list. (attach tt copy of the 11na1 order] I �T*InCF�SThd`iD THAT TII SLMNUSSION OF THIS FOILM TO TELE C4NTRA,CTMG t�I+'BICM FOR T= 1 (ONE? Ano w. Z:NTm IDENTIF-i= IN PAR�,GwIi VIr IS FOR TSA'T` PVBIIC E.H`YZTY ONLY AND, TIUT THIS FORM IS 'VALID T11ROUGH D p crimIZ m 3t OF THE CA.L. - NDAR YEAR IN WHMCS IT IS VII. ' I ALSO UNDCYtb"rAND THAT IAM IZEQ1J1=- TO INFORM THE PUBLIC ENTITY PRIOR TO ENTI.ItLNG INTO CONTRACT IN Ti.'+CCESS Or TIIE THRESHOLD A?,10UNT PIjoVMED IN SECTION zK.4i7, �t1A Ude FOR CATEGORY Two OF ANY CIiANGE Di THE �'OI; TIO CONTAIM IN TEAS Pore.�9/,Cf -6�� Sworn to And subsCtibed before me thL day of 1 ' Personally known' identification -- " ry, Pub1I� -Stata� Late OR Produced Nota� ( �� - ('Typo Of IciontINALIOR) My commission Wrpires (Printed typed.or atam ed :COsidded•rame or natnry,publie). ;1TS .;4 ,.] !)',,li �''�.! h:. �'.lt,t:.g),11 t: ;:�Ir; � 11 : :�:�,•+1 � ,� II.j:1. • �.ir.1 ;,. i. t'C`.'(il.. j2'1 .:. - •" , , ' 1. .• ., .� 71: .. '... ': `:L±l I1Ile ` i Jr� i1,..1J �,: 1 ' ' ' + ' •'r~�5•.+; SII /1� • ','�. t,• 1,•/11..1 ,. i 1,')2+:3' Yi:T�lil' .0 h,�Lit:'�'.:S �:1: � Vii'. �' .�.( ,;,� :1 :i s. 1' Meeting Type Regular: Meeting Date: 07-15-97 AGENDA Heng Considerations item q No. I recommend approval. _ AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ANNUAL AUDIT SERVICES WITH BRAY, BECK & KOETTER DEPT./DIVISION: ADMINISTRATIVE Requested Action: That the City Council authorize the approval of annual audit services with Bray, Beck & Koetter in the amount of $23,825. Summary Explanation & Background: This is the final year of a (3) year agreement with this firm and the $23,825 has been constant over the (3) year period. I recommend approval. _ Exhibits Attached: Engagement letter of 06-19-97 City Manager's f ice Department ADMINISTRATION ;: 1ca�mcil�meetio�V07- 15-97 W dit.dw Bray, Beck & Koetter CERTIFIED PUBLIC ACCOUNTANTS, P.A. June 19, 1997 Cocoa Beach, Florida The Honorable Mayor and City Council City of Cape Canaveral, Florida 105 Polk Avenue Cape Canaveral, Florida 32920 Attn: Bennett Bouchet, City Manager Dear Mayor and Council Members: 410 Indian River Avenue, Suite A Post Office Box 6583 Titusville, Florida 32982-6583 (407) 269-0732 FAX (407) 264-0925 39 South Atlanbc Avenue, SuRe A Post Office Box 321057 Cocoa Beach, Florida 32932-1057 (407) 783-8321 FAX (407) 799-0925 1901 South Harbor City Blvd One Harbor Place Suite 500A Post Office Box 249 Melbourne, Florida 32902-0249 (407) $76-1440 FAX (407) 984-8018 We are pleased to continue serving as independent certified public accountants for the City of Cape Canaveral, Florida. Per our contract dated July 12, 1995, this engagement letter is to confirm our understanding of the services we are to provide to the City for fiscal year 1997. We will audit the general purpose combined financial statements of the City of Cape Canaveral, Florida, as of and for the year ending September 30, 1997. Also, we will assist in the preparation of the combining and individual fund financial statements of the City, the schedule of federal financial assistance and other supplemental schedules containing additional information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements. Our audit will be made in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Cape Canaveral, Florida and other procedures we consider necessary to enable us to express an unqualified opinion that the general purpose combined financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from the City Manager, City Clerk, Finance Director, and other officials as appropriate, about the financial statements and related matters. The Honorable Mayor and City Council City of Cape Canaveral, Florida June 19, 1997 Page Two An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgement about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud of defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attentions. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. During the course of our work, we will be alert to observe opportunities for improvement in internal controls and accounting operations. It is our practice to bring such matters to the attention of the appropriate level of management either orally or in writing. We will submit a report covering our comments and recommendations on these matters shortly after completion of each annual audit. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. We will utilize City personnel to assist us to the extent practical in our audit work. At the beginning of the audit, we will meet with City staff to develop an audit work plan. The plan will set forth in accounting records, schedules, account analysis and other information that will be required by us. We understand that your employees will type cash and other confirmations we request and will locate and pull any invoices selected by us for testing. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. The Honorable Mayor and City Council City of Cape Canaveral, Florida June 19, 1997 Page Three Our fees for these services will be based on the actual time spent at our standard rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered semi- monthly as work progresses and are payable on presentation. Based on our preliminary estimates, the fee for these services is $23,825 which includes assistance in the preparation of the Comprehensive Annual Financial Report. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit; provided, however if significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. The only exceptions to this fee provision would be (1) additional significant regulatory or auditing requirements and (2) significant change in size, operations or scope, both of which would be beyond our control. The progress of our engagement will be reviewed periodically with the City's designee to ensure scheduled completion of the annual audit. If we encounter any unforeseen problems which may require extended audit procedures, or if additional services are requested, we will submit a separate letter covering the scope of additional services to be rendered and provide an estimate of the fee for such services. We will obtain authorization from the City Manager prior to performing such additional work. If this letter meets with your approval, please sign one copy and return it to us. We appreciate very much the opportunity to serve the City of Cape Canaveral, and trust that our association will be a long and pleasant one. Very truly yours, BRAY, BECK & KOETTER �� Edward J. eck, CPA Managing Director EJB/paw APPROVED -- CITY OF CAPE CANAVERAL, FLORIDA Title: Date: Meeting Type: Regular Meeting Date: 07-15-97 AGENDA Heading Discussion item 6 No. Our public works director has outlined some suggestions based on his past utility experience, and I recommend AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REUSE WATER POLICY DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider a formal reuse water policy to address monthly rates, connection fees, and type of allowed connections. Summary Explanation & Background: We finally received our executed grant agreement with St. Johns River Water Management District to help implement Phase I connections to the reuse water system. We have (1) year to complete this project. Our public works director has outlined some suggestions based on his past utility experience, and I recommend that council work with staff to come to a consensus on this issue so we can move forward on this project. Please advise. Exhibits Attached: Public works director's memo of 07-09-97• Code Sections 78-177 and 78-191• F.A.C. on reuse City Mana Office Department WATER RECLAMATION/P[JBLIC WORKS M E M 0 R A N D U M DATE: July 9, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski-J47& Public Works Director SUBJECT: City Council Agenda Item for July 15, 1997 Reuse Policy Amendment REF: "Sec. 78-191 Policies and Re,ulation adopted. The City adopts by reference the W4pe Canaveral Reclaimed Water System Policies And Regulations Manual dated 1995. Compliance with the policies and regulation is hereby required." (CD78:26) REF: "Sec. 78-177 (a) Connection to the System. When available, thO Owner of every lot or parcel of land within the City Reuse Service Area developed for pablic, cnnimarcial, office, iDdUStrial, warehousing and/or residential use (s) may following payment of aDy/all appropriate fees, connect or cause to be connected with the reclaimed water system.,, (CD78:26) Curinntly, the reuse Pot icy and the City's Code of Ordinances allows for the collection of appropriate fees tc; connect to the reuse 3Ystem. At this time the City does not have any resolution establishing fees for reuse connections and/or user fee. Unt'' a fee sLructurO can ba establish and approved by City Council it is recommended by staff that the Reuse Policy be amended to allow free installation for residential customers and a fifty per cent (50%) reduction of the City's installation cost for industrial and commercial reuse custOmers within the City limits, The reduced connection charge will be available if OPPlication is submitted and any fee required is Paid within Sixty (60) days of receiving notice of availability of reclaimed water. This kype Of reduction of Reuse connection fees is used by OthOr City Governments developing their reclaimed water iii stribut ion system. The normal time Period utilized by other City's ranges from 30 to 90 days. REUSE OF RECLAIMED WATER AND LAND APPLICATION DEP 62-610.468(2) 1/95 PART III: REUSE; SLOW -RATE LAND APPLICATION SYSTEMS; PUBLIC ACCESS AREAS, RESIDENTIAL IRRIGATION, AND EDIBLE CROPS (2) The public shall be notified of the use of reclaimed water. This shall be accomplished by the posting of advisory signs in the area where reuse is practiced, notes on scorecards, or by other methods. Specific Authority: 403.061, 403.087, F.S. Law Implemented: 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, F.S. History: New 4-4-89, Formerly 17-610.468. 62-610.469 Application/Distribution Systems. (1) New slow -rate land application systems, expansions of existing distribution systems, and replacement of existing systems shall be designed to provide, at a minimum, hydraulic capacity of 1.5 times maximum daily flow (at which adequate treatment can be provided) of the treatment facility. The actual hydraulic criterion selected shall be justified in the engineering report on the reclaimed water. (2) Application of reclaimed water on public access facilities shall be controlled by agree- ment with the wastewater management entity or by local ordinance. A Dy_ g nd hose bibbs (spigots or other hand operated connections) shall not be present. Hose bibbs-s-h-aTF be lote in ca1 oc e e ow rg a e vau is w uch shall be clearly labeled as being of nonpot- a e qua rty. s an alternative to the use of locked, below -ground vau is wi standard hose b -M -services, hose bibbs which can only be operated by a special tool may be placed in nonlockable underground service boxes clearly labeled as nonpotable water. (3) Reclaimed water shall not be used to fill swimming pools, hot tubs, or wading pools. (4) Reclaimed water may be used to irrigate landscaped areas with a tank truck only if the following requirements are met: (a) All applicable requirements in Part III of Rule 62-610, F.A.C., are met; (b) The truck used to transport and distribute reclaimed water is not used to transport potable water that is used for drinking water; and (c) The truck used to transport and distribute reclaimed water is not used to transport waters or other fluids that do not meet, at a minimum, the requirements of Part III of Rule 62-610, F.A.C., unless the tank has been evacuated and properly cleaned prior to the addition of the reclaimed water. Specific Authority: 403.061, 403.087, F.S. Law Implemented: 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, F.S. History: New 4-4-89, Amended 4-2-90, Formerly 17-610.469. 62-610.470 Potable Water Cross -Connections. (1) No cross -connections to potable water systems shall be allowed. The permittee shall establish and shall obtain Department approval for a cross -connection control and inspection program, pursuant to Rule 62-555.360, F.A.C. Copyright 1995 REGfiles, inc., Tallahassee, Florida 6 REUSE OF RECLAIMED WATER AND LAND APPLICATION DEP 62-610.470(2) 1/95 PART III: REUSE; SLOW—RATE LAND APPLICATION SYSTEMS; PUBLIC ACCESS AREAS, RESIDENTIAL IRRIGATION, AND EDIBLE CROPS (2) Reclaimed water shall not enter a dwelling unit or a building containing a dwelling unit except as allowed by Rules 62-610.476 and 62-610.477, F.A.C. (3) Maximum obtainable separation of reclaimed water lines and domestic water lines shall be practiced. A minimum horizontal separation of five feet (center to center) or three feet (outside to outside), shall be maintained between reclaimed water lines and either potable water mains or sewage collection lines. The provisions of Rule 62-604, F.A.C., are applicable to crossings. (4) All reclaimed water valves and outlets shall be appropriately tagged or labeled to warn the public and employees that the water is not intended for drinking. All piping, pipelines, valves, and outlets shall be color coded, or otherwise marked, to differentiate reclaimed water from domestic or other water. Specific Authority: 403.061, 403.087, F.S. Law Implemented: 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, F.S. History: New 4-4-89, Amended 4-2-90, Formerly 17-610.470. 62-610.471 Setback Distances. (1) There shall be a setback distance of 75 feet from the edge of the wetted area of the public access land application area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health and Rehabilitative Services (but not yet constructed). To comply with this requirement a utility providing reclaimed water for residential irrigation may adopt and enforce an ordinance prohibiting private drinking water supply wells in residential areas. This setback distance requirement does not apply to closed loop heating or air conditioning return wells. (2) No setback distance is required to any nonpotable water supply well. (3) A 75—foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells. (4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering an operation permit. (5) Setback distances are not required for surface waters or developed areas. (6) Within 100 feet from outdoor public eating, drinking and bathing facilities, low trajecto- ry nozzles, or other means to minimize aerosol formation shall be used. (7) No setback distances are required for private swimming pools, hot tubs, spas, saunas, picnic tables, or barbeque pits or grills. Copyright 1995 REGfiles, inc., Tallahassee, Florida 7 GROUND LEVEL A CONNECTION TO UNDERGROUND IRRIGATION SYSTEM B LOCKABLE CURB STOP C: CONTROL HANDLE -- TURNS SYSTEM PRESSURE ON AND OFF (ATTACH HANDLE WHEN REQUIRED FOR USE ONLY) D QUICK DISCONNECT DEVICE (PROVIDED BY CITY) FITS MODIFIED 5/8" Ok 3/4" GARDEN HOSE (IDETATCH WHEN NOT IN USE) E SERVICE CONNECTION IS CONTAINED IN A BOX LABLED "RECLAIMED WATER". BOX lib IS LEVEL WITH THE GROUND F SUPPORT STAKE WITH NYLON TIE WRAPS MUST BE INSTALLED TO PROVIDE SUPPORT TO VERTICAL ALIGNMENT OF SERVICE CONNECTION IRE J OTLO26 SKI_ 03_03-93 RECLAIMED SERVICE CONNECTION § 78-176 CAPE CANAVERAL CODE Customer shall mean any person receiving ser- vice or making application for service. FDEP shall refer to the state department of environmental protection. Reclaimed water shall mean highly treated effluent from the city's wastewater treatment plant not for human consumption, supplied through the reclaimed water transmission and distribu- tion system which meets or exceeds requirements' for public access as set for by FDEP or its succes- sor in function. Reclaimed water system shall mean those re- claimed Water storage tank, pumps, transmission mains, distribution mains, valves and appurte- nances installed in public rights-of-way or utility easements, and are used to distribute reclaimed water. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-177. Connection to the system. (a) When available, the owner of every lot or parcel of land within the City Reuse Service Area developed for public, commercial, office, indus- trial, warehousing and/or residential use(s) may, following payment of any/all appropriate fees, connect or cause to be connected with the re- claimed water system. (b) All connections shall be made in accordance with policies and regulations adopted by the coun- cil. This provision shall not be construed to entitle any person to cross the property of another to make such connections. (c) For purposes of this article, the term "avail- able" shall mean contiguous to or within 100 feet of any property line. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-178. Reclaimed water uses. (a) Reclaimed water distributed by the city within the City Reuse Service Area is intended solely for the irrigation of plants. (b) In the event commercial establishments propose to use reclaimed water for purposes other than plant irrigation, any proposed use(s) shall be evaluated by the city manager or his/her designee and approved or disapproved based on this eval- uation. In no case will the city approve any use that may conflict with policies and regulations of the state or the U.S. Environmental Protection Agency. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-179. Reserved. Sec. 78-180. Irrigation usage rates. Rates for irrigation water service shall be pro- mulgated, collected and enforced as a component of the city rate resolution. (Ord. No. 8-95, § 1, 5-2-95) Secs. 78-181-78-190. Reserved. DIVISION 2. INSTALLATION AND INSPECTION OF THE RECLAIMED WATER SYSTEM Sec. 78-191. Policies and regulations adopted; compliance required. The city adopts by reference the "Cape Canaveral Reclaimed Water System Policies and Regula- tions Manual" dated February 1995. Compliance with the policies and regulations is hereby re- quired. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-192. Inspections. (a) Duly authorized employees of the city bear- ing proper identification shall be permitted to enter any building, structure or property served by a connection to the reclaimed water system of the city for the purpose of inspecting the piping system or systems, backflow preventer, valves and/or all other devices installed by the customer which connect to or control the reclaimed water system or use of reclaimed water on such prop- erty. (b) Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of access; when requested, shall be considered evidence of the presence of violation of the policies and regu- lations adopted herein. Supp. No. 2 CD78:26 Meeting Type: Regular Meeting Date: 07-15-97 AGENDA Herding Disession Item 7 No. Liability AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SKATE BOARD PARK DEPT./DIVISION: LEGISLATIVE/PARKS & RECREATION Requested Action: Mayor Porter requested this discussion item. Summary Explanation & Background: Our recreation director is seeking information on municipal skate board parks. The following are some issues to be addressed: Location Liability Supervised or Unsupervised Types of Ramps _ Wood or Concrete Construction Cost and Funding Options Please advise. Exhibits Attached: N/A City Mana ffice Department LEGISLATIVE/PARKS & REC 0-011111111111,111 P -Mg MEMORANDUM DATE: JULY 8, 1997 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C. BOUCHER CITY MANAGER ; SUBJECT: QUARTERLY ACTIVITY REPORT - ANIMAL CONTROL This office processed 12 animal trap requests for the months of April, May and June, 1997. A total of 24 animals were trapped as follows: 16 cats 6 raccoons 1 rat 1 possum This office forwarded 1 animal complaint to Brevard County Animal Control. MEMORANDUM DATE: JULY 8, 1997 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETTC. BOUCHER CITY MANAGER / SUBJECT: QUARTERLY ACTIVITY REPORT - WESTERN USA WASTE SERVICES This office processed a total of 48 complaints for the months of April, May and June, 1997 as follows: 16 garbage complaints 18 recycle complaints 9 green waste complaints 5 miscellaneous /kmm cc: Western USA Waste Services M E M 0 R A N D U M DATE: July 9, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulskizd Public Works Director SUBJECT: Quarterly Report, April, May & June 1997 RECLAIMED WATER 1. Facilities currently using reuse water for irrigation are: Ball fields, Youth CenLer, Library, City of Cocoa Beach, Taps have been may to connect City Hall Complex, and Recroation Center. 2. Moving ahead with the reuse program. Reuse Informatiori Packages have been made up to use as handout to potential Customers. Potential customers for next quarter are: Residential homes along Washington Ave, Harrison Ave, Aerospace B"siness Park, Johnson Controls, Discovery Day, Cape View Elementary School and other business along AjA. 3. Purchased and received taping Machine required for evtablishing new reuse customer services. Also, reviewing additional equipment required for establishing a reuse installation/repair crew, i.e. Directional Boring Equipment and installation supplies. The cost of this additional equipment can be recaptured through a equipment usage fee charged for reuse connections. The total cost of parts, equipment use and labor is allowable under the SJRWMD Agreement for Alternative Water Supply Cost Sharing program. For the Second (2nd) quarter, 8.945 Million Gallons of reuse have been utilized within the distribution system. (87% to river; 13% to reuse system) Cocoa Beach averaged 98,300 gals/day for a 91 day period. 5. Collecting data of Potential reuse customers. If feasible, targeting areas with the most interest. Forward calls and /on Reuse Application to public Works. Information is necessary for establishing high reuse demand area: for Phase IT development. STREETS 1. Total. now Sidewalks for this quarter.: 434 linear feat. Total Sidewalks for fiscal. year 1997: 1,063 linear feet.. Polk 154 ft., Tyler 230 ft. of sidewalk completed. %lord.. Scheduled next quarter: Continual to construct sidewalks along the north side of the President streets between A1A and Poinsetta Ave. 2. Lot-- mowing operation phase 2 completed. 3. The Cape Canaveral Ditch cleaning; is under way. Survey line between Section 14 &15 has been staked and City signs have been posted. The two (2) culverts have been installed, Please I, from Central Blvd - North to City line has been mowed. Ze_'.C'.e_l_ved aUthOrixatioIj from :fit.. John River Water (KiRWRA, Dep arts%ii;I.'• h of Environmental Pr -'(faction I. �,. W qmvyy of f? �j - _ Awaiting for Km U.S ., i tip. _. f i in WAVOE) E ) iJnV2`n i t .. .+. i n Scheduling w"rvHi'_1_nq and Tr nw i_ g ow Phase a e i r, fcpPAI- A7T) 4. Parformed repairs i:.[i crossovers iitier Joe to safety hazards, j,e,' Johnson Pierre,Polk, 'ylur and Taylor Ave, 5. Road maint.F'.nance made to Oak Ln., i.e. Twee trimming and additional road base added, BEAUTIFICATION 1 . Tr ens planted quarter: 0 Palms, 20 Oaks total 20 Total Trees planted FY: 51 palms, 09 Oaks total 140 Scheduled ed to plant 20 palm trees to meet this year's goal. 2. The last of the Oak trees were planted along Banana River - Blvd. and one Oak tree was planted at the Library as a. Commemorative tree with a plaque in honor of the late Doctor Richard Young. 3. The end of April will complete the tree planting season for this budget year. The Beautification Committee are currently developing a tree planting plan for FY -98, that will commence October 1, 97. Scheduled to print: 75 trees October November and an additional 75 trees January -February time period. 4. Beautification Board had suggested that the Cedars trees thaU were damaged due to salt spray to be moved to the Manatee ee Park area. These trees have been transplanted and are suini ire well. JULY QUARTERLY REPORT City Clerk's Office Employee Activity: Position Vacancies: City Treasurer Recreation Attendant School Crossing Guards (2) Maintenance Worker II Recruitment via: Advertising - Orlando Sentinel Florida Government Finance Officers' Association Bulletin Board Candidates Selected: Andrea Bowers, City Treasurer (Transferred from Recreation Department) Raymond "Wes" Fox, Maintenance Worker R (Transferred from MW!) School Crossing Guards and Recreation Attendant positions still open Employee Resignations: Deborah Haggerty -Barker, City Treasurer Christopher Kulac, Maintenance Worker II, Water Reclamation Patricia Coe, School Crossing Guard (will serve as substitute) Volunteer Employee Hilda Braley - City Clerk's Office. Continuing to prepare and scan data. Projects to include: Official documents, Contracts, Deeds, Easements and Logged -In Mail. Leah Bonner- Organized volunteer work for a university student majoring in elementary education. She begins work on July 9. Manners and Supervisors Seminar The seminar on interviewing and performance evaluations, sexual harassment and cultural diversity for managers was conducted by UCF in conjunction with the Institute of Government. All managers and supervisors were mandated to attend. Interview Techniques and Sexual Harassment & Cultural Diversity Seminars Ms. Barbara Clegg of the Institute of Government conducted these seminars to continue to provide City management staff and City employees training and organizational skills. Second Quarter Report City Clerk's Office July 1997 DEPARTMENTAL PROTECTS Annual Board Appreciation Dinner This year's dinner held on May 10' at the Radisson was successful. The 1998 Board Appreciation Dinner will be held on March 14'h. Bids for Laboratory Cabinets Bid held on June 16tH Job Descriptions All employee job descriptions have been through the fifth revision and final edits will be made this quarter, followed by job classifications. Employee Newsletter Employee Newsletter distributed in June. The April newsletter was omitted due to completion of the Web Site. Web Site Design Updates to the Web Site done on a continual basis. New features include City Council agendas. Graphic changes will occur as time and current projects permit. Electronic Databases Databases are being designed using Microsoft ACCESS for Applicants for Job Vacancies, Logged -In Mail and City Board Members. Databases will also be created for Approved Plats, Vacated Property and Active Contracts and Agreements. DEPARTMENTAL ACTIVITIES Code of Ordinances Distributed Supplement 4 of the City Code to City Council (also provided insert services), Department Heads, Boards that use the City Code book. Outside agencies that purchased a City Code book were also notified. Second Quarter Report City Clerk's Office July 1997 Community Services "Help for Hard Times" booklets were delivered to local area churches and ministries and the Cape View Elementary School. MEETINGS/SEMINARS/CONFERENCES Florida Association of City Clerks and Governmental Finance Officers The City Clerk attended the annual conference and served as a speaker and moderator. Space Coast Human Resources Association The City Clerk is serving as Secretary for the organization. Monthly meetings are held in Cocoa Beach. Council on Management Education The City Clerk attended a Human Resources comprehensive seminar which will contribute toward certification as a Human Resources Officer. July 8, 1997 RECREATION DEPARTMENT REPORT -/r, 4� The month of April brought "typical" showers which caused the cancellation of the scheduled Community Safety Awareness Day on the 12th. Rescheduling was not possible due to the many agencies involved. Well try again next year! May was a busy month with the annual Spring Fling Racquetball Tournament being held on the 2nd, 3rd and 4th. Although smaller than usual, the tournament was a big hit. The family of one of our tournament directors, now deceased, came on Saturday evening and held a cookout for all the players and their families. A Brevard Manatee player was on hand to sign autographs at the Sports Card Swap which was held at the Youth Center on May 2nd. Our semi-annual fishing contest, co-sponsored by the Fishing and Diving Center, was held at Freddie Patrick Park on the 17th. The smallest kid entered caught the largest fish! Soccer sign ups were held at the Recreation Center on May 17th and 31st. Some Summer Recreation programs are meeting with success, others have been canceled due to the lack of participation. The Pool Splash was discontinued after 2 weeks. There were as few as 3 and a high of 11 participants on the days before cancellation. With the high cost of the bus, driver and chaperone, (around $150 per trip), the decision was made to cancel. Team Sports and Playground Games were also canceled. Successful endeavors include the Arts & Crafts program, Movie Mania and, moderately successful is the tennis clinic. Karate continues to be where the kids Me to be. Not only has the interest level remained high with the regular karate classes, but Mr. Latherow has been holding a (daily) Taekwondo Camp which has been popular. The Youth Center has been open from noon -5 p.m., Monday -Saturday, since May 27th, and, will continue with these hours until school resumes in August. At that time, the hours will revert back to 3:30 - 6:30 p.m.. Friday and Saturday evening hours have remained the same, 6:30-9:30 p.m.. Attendance figures: April 519, May 602, June 560. The exterior racquetball court painting was completed in June. Also, since the job was completed at a fee less than anticipated, the contractor, who I caught in a benevolent mood, agreed to paint the Recreation Center and .Maintenance Building for a wry good price. ($900) The deteriorating cedar shake mansard roofs on the maintenance building and tennis shelter will be replaced with dimensional shingles. The contractor is due to complete this job by mid July. The final component of the FRDAP grant is nearly complete. The shared bikeway signs have been made and will be installed soon. A sign will be erectedgiving DEP credit for providing the funding for the project, the state will inspect and bless the project and then the City can be reimbursed $50,000. Play equipment has been ordered for the Long Point Neighborhood Park. Tree trimming is scheduled for July 11 th. Fencing along the east side will be installed by July 18th. I am preparing bid specifications for the tennis court resurfacing which will take place in August. Closing the courts in August is will not be a big inconvenience to the players as it is usually a slow tennis month due to the heat and humidity. City of Cape Canaveral LIEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C. BOUCHER CITY MANAGER SUBJECT: CITY MANAGER'S REPORT The following is a brief update of activities that may not be covered in quarterly reports: Need to schedule a workshop with the City Council to discuss the proposed C-2 zoning district. The "Wednesday-Friendsday" event held on 7/2/97 was a great success with approximately 366 people in paid attendance. Special thanks to Kim McIntire and the Commercial Development Board for organizing this event. Met with representatives of Communications Concepts, Inc. regarding the marketing video. They should have a draft script for council's approval at the 08-05-97 meeting. The city attorney and I met with the port attorney and Assistant Port Director Francis regarding the land lease agreement, the reuse agreement and sewer impact fees. Further research and discussion at staff level will continue on these items. The interlocal equipment agreement with Cocoa Beach is still in the revision stage and a future meeting will be scheduled with Councilmember Petsos, Commissioner Allen and the city managers to work out remaining issues. I am trying to schedule a meeting this month with Mr. Steve Charski, the post office land owners representative, to review the Tower Blvd. issue and their participation in helping to resolve this matter. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 0 FAX (407) 799-3170 Honorable Mayor and Members of City Council Page Two July 10, 1997 The sand fencing for the dunes has been ordered and received. FDEP will not issue a permit to install fencing until after 11-01-97. If you have any questions, please contact me any time. CONTRACT FOR SERVICES THIS AGREEMENT entered into this day of September, 19 , by and between the CITY OF CAPE CANAVERAL, Florida, hereinafter called the City, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, hereinafter called Corporation. WITNESSETH: WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protection; and WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration of the payments hereinafter set forth, the parties hereto agree as follows: 1. The Corporation agrees to provide adequate emergency fire protection services within the City of Cape Canaveral, Florida. 2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into by the City providing for emergency fire protection services outside of the municipal boundaries of the City. The Fire Chief shall be authorized to enter into these agreements on behalf of the City. 3. The Corporation agrees to respond to any other emergency situation when ordered to do so by the City Manager of Cape Canaveral, or his duly appointed designee. 4. The Corporation agrees to comply with all orders of the Fire Chief of Cape Canaveral relating to the providing of the services referred to herein. 5. The Corporation agrees to require its members to attend fire drills and training sessions in order to achieve and maintain the degree of proficiency required by the State of Florida for volunteer firefighters. The Corporation also agrees to undergo additional reasonable training as may be required by the City at reasonable times and upon reasonable notice; special training shall be administrated by a State Certified Fire Service Instructor. The City agrees to bear the expense for any special training, this expense to be in addition to the amount determined in Paragraph 13 of this Contract. 6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire protection service to the City. A copy of these rules and regulations are Page 1 of 5