HomeMy WebLinkAboutAgenda Packet 11-07-1996 41.cE �
a�
City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
CITY OF 111 Polk Avenue,Cape Canaveral,Florida
CAPE CANAVERAL
THURSDAY
November 7, 1996
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PROCLAMATION:
National Home Care Month, Terri P. Jordan,RN
PRESENTATIONS:
Howard Futch, State Representative
Mayor's Award: Ruby Boatman, Volunteer
Todd Peetz, City Planner
NEW BUSINESS:
I. Motion to Adopt: Resolution No. 96-51, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY,FLORIDA; CERTIFYING
THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER
5, 1996;PROVIDING FOR AN EFFECTIVE DATE.
2. Oath of Office: For elected Council members.
3. Motion to Adopt: Resolution No. 96-52, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY,FLORIDA,ELECTION A
MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL;
PROVIDING FOR AN EFFECTIVE DATE.
MINUTES:
4. Motion to Approve: Minutes of the City Council Regular Meeting of October 1, 1996 and
October 15, 1996.
d:\citycl-1\citycllc\a enda\re&ar\1996\I1-07-96.doc
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407)868-1200 • FAX (407) 799-3170
City Council Regular Meeting Agenda.
November 7, 1996
Page 2
INTERVIEW:
5. Martha Caroll,Beautification Board
CONSIDERATIONS:
6. Motion to Approve: Proposal from Clark,Roumelis&Associates, in the amount of$2,000
to prepare an Emergency Management Grant for Hurricane Shutters
and a new Emergency Generator for the City Hall Annex.
7. Motion to Approve: Bid Award-Bid No. 96-06, Sports Lighting Retrofit to Pasco
Services, Inc. in the Amount of$12,655.
8. Motion to Approve: Cooperative Purchase,Public Works-Ford pickup truck in the amount
of$16,93 8 from Duval Ford
PUBLIC HEARINGS
ORDINANCE-FIRST READING:
9. Motion to Approve: Ordinance No. 23-96, AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY,FLORIDA,REPEALING
SECTION 78-124, COLLECTION OVER CERTAIN TIME
PROMISSORY NOTE,PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT
RESOLUTION
10. Motion to Adopt: Resolution No. 96-53, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
11. Motion to Adopt: Resolution No. 96-54, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO
NATURAL GAS SERVICE; EXTENDING THE EXPIRATION DATE
OF THE AGREEMENT GRANTED PURSUANT TO THE
ORDINANCE ADOPTED ON JANUARY 18, 1966, MAKING
FINDINGS;PROVIDING FOR AN EFFECTIVE DATE.
City Council Regular Meeting Agenda
November 7, 1996
Page 3
DISCUSSION:
12. Manatee Protection Plan
13. Cocoa Beach Resource Officer
14, Brevard County's Proposed Bicycle Helmet Ordinance
15. City Manager Evaluation
REPORTS:
16. City Manager's Report.
ADJOURNMENT:
If any person decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she
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(FS 28 6.0105).
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading New Business
Item 1 and 2
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CERTIFYING ELECTION RESULTS OF THE GENERAL ELECTION
DEPTIDIVISION: LEGISLATIVE
Requested Action:
That the City Council approve Resolution No. 96-51, Certifying Results of the General Election held on November
5, 1996.
Summary Explanation &Background:
The appropriate votes will be inserted in the Resolution and distributed to Council on Wednesday after the election.
The Oath of Office certificate will be prepared on Wednesday after the election for the ceremony Thursday.
Exhibits Attached:
Resolution No. 96-51
=M,,ana 's OITice Department: City Clerk
d:\citymm\admin\cou ciAmeeting\l1-07-96\elect96.doc
RESOLUTION NO. 96-51
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL
ELECTION OF NOVEMBER 5, 1996; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. The City Council accepts the certification of the election returns as submitted
by the Brevard County Supervisor of Elections for the General Election of November 5, 1996. The
City Council certifies as proper the following election returns:
Candidate for Council Total Votes
Ruby Daniel
Tony Hernandez
Leo Nicholas
Rocky Randels
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of
November , 1996.
ATTEST: John K. Porter,MAYOR
Name Yes No
Burt Bruns
Sandra Rozar Sims, CITY CLERK
Leo Nicholas
Buzz Petsos
John Porter
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
d:\citycl—l\cityclk\res\elect96.doc
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading New Business
Item 3
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Resolution No. 96-52,Election of Mayor Pro Tem
DEPTJDIVISION: LEGISLATIVE
Requested Action:
That the City Council approve Resolution No. 96-52, inserting the name of a Council-Elected Mayor Pro Tem
Summary Explanation &Background:
Exhibits Attached:
Resolution No. 96-52
City Man er's Office Department: City Clerk
d:\cityman\admin\councd\meeting\I 1-07-96\mayrptem.doc
RESOLUTION NO. 96-52
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida,
requires the City Council to annually elect from its membership a Mayor Pro Tem.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape
Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and
responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such
capacity until the next annual election of said office.
SECTION 2. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of
November_, 1996.
ATTEST: John K.Porter,MAYOR
Name Yes No
Burt Bruns
Sandra O. Sims, CITY CLERK
Leo Nicholas
Buzz Petsos
John Porter
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
dAcitycl—1\cityclk\res\mayrptem.doc
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral,Florida
TUESDAY
October 1, 1996
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Leo Nicholas
Buzz Petsos
Mayor John Porter-arrived at 7:12 p.m.
Mayor Pro Tem Rocky Randels
Others Present
City Manager,Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
RESOLUTION:
Mayor Pro Tem Randels read Resolution No. 96-50 by title.
A Resolution of the City of Cape Canaveral, Florida; Appointing Members to the
Planning and Zoning Board of the City of Canaveral, Florida; Providing for an
Effective Date.
A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No.
96-50, inserting the name of James Lewis as a regular member and Joe Elliott as 1 st alternate.
The resolution passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr.
Petsos,For; and Mayor Pro Tem Randels,For.
PUBLIC HEARINGS
ORDINANCE-FIRST READING:
1. Mayor Pro Tem Randels read Ordinance No. 21-96 by title.
An Ordinance of the City of Cape Canaveral, Florida, Amending the Official Zoning
Map as Described in Section 110,246, Official Zoning Map, by Changing the
d:lcitycl—l\cityclkVninutes\regular\1996\10-01-96.doc
City Council Regular Meeting Minutes
October 1, 1996
Page 2
Classification of Certain Property from M-1 (light industrial) to C-1 (low density
commercial district)as Described in Exhibit"A"; Providing for Conditions of Approval;
Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing
for Severability; and Providing for an Effective Date.
In accordance with Florida Statutes, Mr. Randels stated that he has spoken to the applicant
making this request on other business issues which do not constituent a personal interest or
conflict of interest.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 21-
96 for second reading.
Mr. Nicholas asked Mr. Mays if he is the owner of the property described. Mr. Mays stated
that he is now. City Attorney, Kohn Bennett requested that Mr. Mays provide the city a copy
of the deed when it returns from recording.
There was no public comment.
Ordinance No. 21-96 was approved for seconded reading 4-0, with voting as follows: Mr.
Bruns,For;Mr. Nicholas,For;Mr. Petsos,For; and Mayor Pro Tem Randels, For.
2. Mayor Pro Tem Randels read Ordinance No. 22-96 by title.
An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Relating to
Comprehensive Planning; Setting Forth and Adopting a Small Scale Plan Amendment
for 1996 as Provided in CPA-96-1,Which Shall Amend the Comprehensive Plan Future
Land Use Map; Providing an Effective Date and Legal Status of the Plan Amendment;
Providing for Transmittal of the Plan Amendment; Providing for Transmittal of the
Plan Amendment to the Department of Community Affairs; Providing for Repeal of
Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and
Providing for an Effective Date.
A motion was made by Mr. Bruns and seconded by Mr. Nicholas and seconded by Mr. Petsos
to approve Ordinance No. 22-96 for second reading.
Mr. Todd Peetz, City Planner, spoke stating that all requirements and advertisements have
been met.
There was no public comment.
Ordinance No. 22-96 was approved for second reading 4-0, with voting as follows: Mr. Bruns,
For;Mr. Nicholas, For;Mr. Petsos,For; and Mayor Pro Tem Randels,For.
City Council Regular Meeting Minutes
October 1, 1996
Page 3
ORDINANCE-2nd Reading:
3. Mayor Pro Tem Randels read Ordinance No. 16-96 by title.
An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Related to
Comprehensive Planning, Setting Forth and Adopting A Comprehensive Plan
Amendment as Provided in Florida Statutes Section 163.3177(6)(a),Which Shall Amend
the Comprehensive Future Land Use Element to Provide Public Schools as an Allowable
Use Within the Land Use Categories of the City; Providing for an Effective Date and
Legal Status of the Plan Amendment; Providing for Transmittal of the Plan
Amendment to the Department of Community Affairs; Providing for Repeal of Prior
Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for
an Effective Date.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 16-96
on final reading. Mayor Porter arrived at this time(7:12 p.m.)
There was no discussion or public comment.
Ordinance No. 16-96 was adopted 5-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas,
For; Mr. Petsos, For;Mayor Porter,For; and Mayor Pro Tem Randels,For.
4. Mayor Porter read Ordinance No. 17-96 by title.
An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Amending
Chapter 110, Zoning, by the Addition of Public Schools as an Allowable Use in the R-2,
R-3 and C-1 Zoning Districts, by Amending Section 110-292, Principal Use and
Structures (R-2), 110-312, Principal Uses and Structures (R-3 , and 110-352, Principal
Uses and Structures (M-1); Providing for Repeal of Conflicting Ordinances in Conflict
Herewith; Providing for Severability; and Providing for an Effective Date.
A motion was made by Mr. Randels and seconded by Mr. Nicholas to adopt Ordinance No.
17-96 on final reading.
There was no Council discussion and no public comment.
Ordinance No. 17-96 was adopted 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas,
For;Mr. Petsos, For;Mayor Porter,For; and Mayor Pro Tem Randels, For.
CONSIDERATIONS:
5. A motion was made by Mr. Petsos and seconded by Mayor Porter to approve Sewer Impact
Fee Financing for Mona's Restaurant in the amount of$1,534.21 for a one (1) year period,
City Council Regular Meeting Minutes
October 1, 1996
Page 4
payable in quarterly installments with a variable rate of 3% over Barnett Bank's prime rate of
interest.
Mr. Bruns expressed concern that the recent financing for Lloyd's Restaurant was not
honored. Mr. Randels expressed concern that other restaurant impact fees were finance and
have defaulted. Mr. Nicholas stated that the original intent of financing impact fees was for
condominiums and large developments. Mr. Petsos stated that others obtained financing up
front, whereas, Mona's is an established and reputable restaurant.
City Attorney, Kohn Bennett, queried if the business is a corporation or a sole proprietorship.
He explained that an agreement can be developed which requires personal guarantees and tie
into the occupational license(rescinding the license if payment is defaulted).
Mr. Nicholas expressed concern about defining seating capacity because there are chairs and
sofas which have not been counted in the seating numbers established for serving meals.
Ms. Ruby Daniel, resident, stated that people waiting will likely be served, such as Outback.
She opined that if they operate in that manner, they should be charged, however, if only
occasionally or rarely they should not be charged the extra impact fees.
Mayor Porter stated that the restaurant owner will determine and inform the city of their
operation. Mr. Petsos stated that they will likely present a seating lay-out.
Mr. Bill Mays, Call One, queried if the impact fees are in keeping with other areas. Mr.
Boucher stated that an engineering study was performed by Briley-Wild to determine the
appropriate impact fee.
The motion passed to approve the Sewer Impact Fee Financing for Mona's Restaurant 5-0,
with voting as follows: Mr. Bruns, For; Mr. Nicholas, For;Mr. Petsos, For; Mayor Porter, For;
and Mayor Pro Tem Randels, For.
6. A motion was made by Mn Randels and seconded by Mr. Petsos to award Bid No. 96-04, to
renovate restrooms at City Park to the low bidder, Larcon Construction for a total cost of
$15,880 (Alternate Bid "A" for 8" non-skid ceramic floor tile is $1,338 and Alternate Bid `B"
for ceramic wall the is $2,860). Ms. Nancy Hanson, Recreation Director was present
explaining the proposed construction.
The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos,
For;Mayor Porter, For; and Mayor Pro Tem Randels, For.
DISCUSSION:
7. Mr. Petsos stated that the City's Employee Personnel Policies, both union and non-union
should be re-evaluated in that the union currently allows bereavement leave for an employee's
spouse's grandparent, but not the spouse's parents. City Attorney, Kohn Bennett, stated that it
City Council Regular Meeting Minutes
October 1, 1996
Page 5
appears to be a scriveners error and not a complicated negotiation issue. Mr. Petsos also
mentioned that the General Employees Policy does not provide bereavement leave for an
employee's grandparents. Mr. Petsos requested that these issues be addressed while the
personnel policy is being reviewed by staff this year. Council concurred.
8. City Manager, Bennett Boucher, explained the Infrastructure sales surtax for jail facilities,
Interlocal Agreement with Brevard County is being requested in advance of the referendum.
Council consensus was to place the item on the next agenda to approve contingent upon
passage in the November referendum election.
REPORTS:
9. CITY MANAGER-Bennett Boucher
• Mr. Boucher reported that Hartman & Associates will be placing a plaque on the new
Wastewater Treatment Plant with the current Council Members' names, City Manager's and
the Public Works Director's names.
• Mr. Boucher reported that the pork chop design at Columbia Drive has been approved by the
Florida Department of Transportation.
• Mr. Boucher reported that the AIA redesign for the area of Canaveral Creek has been
reviewed by Stottler Starmer& Associates and has been forwarded to the Florida Department
of Transportation.
• Mr. Boucher reported that Stottler Star-ner has produced a site plan for the Longpoint Park
project and has done a good job.
• Mr. Boucher reported that City Attorney, Kohn Bennett has forwarded a proposed lease for
the Longpoint Park property lease-purchase.
• Mr. Boucher reported that he has received a memorandum from Captain Muldoon regarding
the Cocoa Beach High School Resource Officer. Council consensus was to place the item on
the next meeting agenda.
• Mr. Boucher reported that the city has reached a safety record of 930 days without a work
related injury causing loss of work. Council consensus was to honor the 1000th day with a
celebration of some type.
• Mr. Boucher reported that the Community Appearance Board met on September 7 and
September 21 as orientation meetings.
• Mr. Boucher reported that the Building Official has prepared a packet of information which has
been forwarded to the City Attorney on the issue of the Applegate house on Washington
Avenue. Council consensus was for the City Attorney to pursue the issue with the engineers. •
City Council Regular Meeting Minutes
October 1, 1996
Page 6
• Mr. Boucher reported that Burton& Associates can make their sewer rate study presentation
the week of October 7. Council consensus was to place the item first on the next agenda.
• Mr. Boucher reported that the Cocoa Beach City Manager, Mark Eckert, has agreed to host
the joint meeting again at the Cocoa Beach Country Club and suggested November 13 or
November 20.
• Mr. Boucher reported that Western Waste has six new recycle trucks and two new rear
collection trucks.
AUDIENCE
No report.
CITY ATTORNEY-Kohn Bennett
No report.
CITY CLERK- Sandra Sims
No report.
MAYOR PRO TEM-Rocky Randels
• Mr. Randels reported that he will be making a presentation to the Brevard 2005 Visioning
organization tomorrow, October 2.
• Mr. Randels queried what position the city is taking on permit fees for political signs. Mr.
Boucher stated no decision has been made yet. The City Attorney will research the issue.
• Mr. Randels reported that the largest personal communications service is locating in Tampa
and suggested that the city start investigating how we will regulate personal communications
companies.
COUNCIL MEMBER- Leo Nicholas
• Mr. Nicholas queried of the status of the Lloyd's Restaurant sewer impact fee payment. City
Attorney, Kohn Bennett responded that a lien has been filed against the lease-holder for non-
payment. He stated that the restaurant can not be sued because they did not sign the
promissory notes
• Mr. Nicholas expressed concern that the City of Cocoa did not make the city aware of new
water connections which would have prompted the city to impose sewer impact fees at the
port. He commented that the port new the businesses were there and the port contract
stipulates that they have to notify the city when new businesses connect to the system. Council
consensus was for the City Attorney to pursue claims for unpaid sewer fees for businesses at
the port who received water connections.
City Council Regular Meeting Minutes
October 1, 1996
Page 7
COUNCIL MEMBER- Burt Bruns
• Mr. Bruns requested that Council consider reviewing the Planning and Zoning and Board
of Adjustment's policies regarding ordinances and how it relates to the Council.
• Mr. Bruns commended the library staff for their work under difficult circumstances of
construction.
ADJOURNMENT: 8:40 p.m.
John K. Porter, MAYOR
Sandra O. Sims, CITY CLERK
v4
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral,Florida
TUESDAY
October 15, 1996
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Leo Nicholas
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager,Bennett Boucher
City Attorney,Kohn Bennett
City Clerk, Sandra Sims
Recreation Director,Nancy Hanson
Fire Chief,Dave Sargeant
Sheriff Major,Steve Salvo
PRESENTATIONS:
Marguerita Engel, Executive Director , Keep Brevard Beautiful, Inc. was presented a key to the City
and commended by Mayor Porter and Mayor Pro Tem Randels for the generous success of the Keep
Brevard Beautiful efforts.
Mayor Porter commended the Navy League and a Mayor's Award will be forwarded to them.
James Roberts, a charter member of the Citizens On Patrol and Code Enforcement Board member was
commended by Mayor Porter and City Council for his diligent efforts on behalf of the City. Major Salvo also
commended Mr. Roberts for his outstanding efforts, stating that he will be missed. Mr. Roberts has moved to
the City of Cocoa.
PROCLAMATIONS:
Mayor Porter proclaimed National Pharmacy Week and the proclamation will be forwarded to Kathy
Petsos.
d:lcitycV-1 lcityctkUninutesUegWu\I996\10-1 5-96.doc
City Council Regular Meeting Minutes
October 15, 1996
Page 2
Mayor Porter proclaimed City Government Week and the proclamation will be forwarded to Cape
View Elementary School.
MINUTES:
1. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the Minutes of
the City Council Regular Meeting of September 17, 1996 and the Budget Adoption Special
Meeting of September 23, 1996. The motion passed 5-0, with voting as follows: Mr. Bruns,
For;Mr. Nicholas, For; Mr. Petsos,For;Mayor Porter, For; and Mayor Pro Tem Randels, For.
PUBLIC HEARINGS
ORDINANCE- SECOND READING:
2. Mayor Porter read Ordinance No. 21-96 by title.
An Ordinance of the City of Cape Canaveral, Florida, Amending the Official Zoning
Map as Described in Section 110,246, Official Zoning Map, by Changing the
Classification of Certain Property from M-1 (light industrial) to C-1 (low density
commercial district) as Described in Exhibit"A"; Providing for Conditions of Approval;
Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing
for Severability; and Providing for an Effective Date.
A motion was made by Mr. Nicholas and seconded by Mr. Randels to adopt Ordinance No.
21-96. There was no Council discussion nor public comment.
Ordinance No. 21-96 was adopted 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas,
For;Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels,For.
3. Mayor Porter read Ordinance No. 22-96 by title.
An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Relating to
Comprehensive Planning; Setting Forth and Adopting a Small Scale Plan Amendment
for 1996 as Provided in CPA-96-1,Which Shall Amend the Comprehensive Plan Future
Land Use Map; Providing an Effective Date and Legal Status of the Plan Amendment;
Providing for Transmittal of the Plan Amendment; Providing for Transmittal of the
Plan Amendment to the Department of Community Affairs; Providing for Repeal of
Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and
Providing for an Effective Date.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to adopt Ordinance No. 22-
96. There was no Council discussion nor public comment.
City Council Regular Meeting Minutes
October 15, 1996
Page 3
Ordinance No. 22-96 was adopted 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas,
For;Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels, For.
Mr. Bill Mays, of Call One, reported that the Brevard County Tourist Development Center will
be locating to Cape Canaveral which is a tremendous positive statement for the City.
CONSIDERATIONS:
4. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Cooperative
Purchase of Ballfield Lighting Fixtures from Western Florida Lighting in the Amount of
$19,065.06.
The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos,
For;Mayor Porter, For; and Mayor Pro Tem Randels, For.
5. A motion was made by Mr. Randels and seconded by Mr. Nicholas to approve the Interlocal
Agreement with Brevard County re: Infrastructure Sales Surtax for Jail Facilities
contingent upon the November 5, 1996 referendum passing.
The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos,
For;Mayor Porter, For; and Mayor Pro Tem Randels, For.
6. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the Cooperative
Purchase of a staff vehicle (1996 Oldsmobile Ciera Sedan) for the CCVFD from Maroone
Auto Plaza, in the Amount of $6,907.50 (one-half the cost, which is shared by the port
authority).
The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For;Mr. Petsos,
For;Mayor Porter, For; and Mayor Pro Tem Randels,For.
7. A motion was made by Mr. Randels to approve the Change Order to Wharton-Smith, Inc. to
pave the North-South portion of Tower Blvd.to the Wastewater Treatment Plant for a total
cost of$50,700.00.
An amending motion was made by Mr. Randels and seconded by Mayor Porter to fund the
purchase from Sewer Operating Funds. The amending motion passed 5-0, with voting as
follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor
Pro Tem Randels, For.
The main motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr.
Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels,For.
City Council Regular Meeting Minutes
October 15, 1996
Page 4
DISCUSSION:
8. City Manager, Bennett Boucher, reported that Captain Muldoon is working on an agreement
between the City of Cocoa Beach and the City of Cape Canaveral on the cost sharing of the
Resource Officer, rather than a three-way agreement with the School Board for a Cocoa
Beach High School Resource Officer. Council consensus was in favor of continuing to
pursue the possibility of contracting services from the Sheriffs Department and further
consider on the next meeting agenda.
9. Mr. Nicholas queried if the City should consider pro-rating future Port Business Impact Fees
or refunds due to the agreement terminating in the year 2000. Council consensus was for the
City Manager and City Attorney to research appropriate action to refund fees collected which
are allocated for sewer impact, while assessing the effect of lost revenue due to the port not
notifying the City of new connections in the past.
REPORTS:
CITY MANAGER- Bennett Boucher
• Mr. Boucher reported that Cocoa Beach has related that November 20 is not a possible date for
holding the Cape Canaveral/Cocoa Beach Joint Meeting. Council consensus was to suggest
alternative dates of December 11, from 7 p.m. to 9 p.m. or December 4, from 7 p.m. to 9 p.m.
• Mr. Boucher reported that negotiations for the City Gas Franchise are narrowing. There are
only two items of contention remaining, which are: 1) The term of the agreement. City Gas
wants a 30-year agreement rather 10-year. Consensus was to propose 15 years. 2) City Gas does
not agree to install lines to anyone requesting because it would not be cost feasible. Council
requested that the issue be placed on the next agenda with maps provided depicting currently
installed gas lines to determine a reasonable counter offer.
• Mr. Boucher reported that the Library Board has suggested taking out the rocket and VAB
building from the stained glass depiction of the City Seal. Council consensus was in agreement.
• Mr. Boucher reported that he attended a meeting with the Port Authority Thursday, October
10th regarding ground water contamination off of George King Boulevard which is leeching
northward toward Mid-Florida Freezer and some southward toward the City. He stated that the
Port has not performed testing within the city limits yet, however, there is an agenda item on the
October 16 meeting agenda for $120,000 for more testing work. He stated that the port is
drilling four temporary wells and two permanent wells within the city to determine levels if any
are within the city. Mr. Boucher reported that he has the Building Department checking for well
permits issued in the past to determine where wells are located.
Mayor Porter stated that he feels very strongly about this issue, looking at the map Mr. Boucher
received from the Port. Mayor Porter stated that, "I have not been contacted directly as Mayor
of the Town and I wonder of any of you have been contacted directly by the Port regarding this."
City Council Regular Meeting Minutes
October 15, 1996
Page 5
"That in itself is a little upsetting, but on this groundwater impact map, you notice how, where
the city boundary is, how it stops- as though seepage doesn't go across."
Mr. Boucher interjected, "well, the map I saw at the meeting, it doesn't stop. It's into the city
limits. That's what they have projected;they haven't sampled,but that's what they projected."
Mayor Porter: "I think this is a classic example of a public safety issue and we need to be
extremely aggressive now over the next few days. Now we know, in general, what's going on
down there. I say, we need to send letters to everybody in that part of the city and say, `Please do
not drink water-do not use the water for anything."Mr. Petsos interjected, "well water."Mayor
Porter: "well water, right.""Some of those people that are on it may not even know it.
Mr. Nicholas: "You've got the Port Canaveral Trailer Park there and Delinney's who are in back
of the area." I know they've got well in there; they may not be drinking from them, but I don't
think you want to be spraying or doing anything with that water.:
Mayor: "You don't want to be doing anything with that water."
Mr. Randels: "I share your concern, Mayor. I guess the fiustration that I have in reading this is
that it happened almost a year ago, November of`95 was when they discovered it - when the
truck fell in the thing. It's almost a year later and we're just now saying, "hey fellows, we've got
a problem."
Mayor Porter with Council consensus directed staff to immediately send letters to City residents
in the area not to drink well water until the matter is resolved and requested Fire Chief, Dave
Sargeant's involvement. Mr. Randels stated that it is disconcerting that the port has known this
since November of 1995 and is just now talking about the issue.
AUDIENCE
Marilyn Rigerman, resident
Ms. Rigerman requested that zoning amendments passed be forwarded to Board of Adjustment
members. Ms. Rigerman also queried if the city has further information on the county's fund
status for the library expansion project. Mr. Boucher replied that no other information has been
received.
Ruby Daniel, resident
Ms. Daniel queried about the status of unpaid financed sewer impact fees. City Attorney, Kohn
Bennett, stated that he will obtain the list from the City Treasurer and assess the status. Council
concurred.
CITY CLERK- Sandra Sims
Ms. Sims queried Council about deferring the November 5 Regular Meeting, which is election
day to November 7 which would have to be scheduled regardless to Certify the Election Results.
Council consensus was in favor of deferring the meeting to November 7.
City Council Regular Meeting Minutes
October 15, 1996
Page 6
CITY ATTORNEY- Kohn Bennett
• Mr. Bennett reported that he received a counter offer from Ms. Mosier for the Longpoint Road
property lease option as follows:
- 5-year lease vs. 10-year lease
- $1,500 rent vs. $1,000
- If the property is not ultimately purchased by the City, it must be returned by county appraisal
definition to vacant land
- If property taxes, the rent will increase in that proportionate amount
Council consensus was to accept the counter offer. Mayor Porter clarified for the audience that
the City's strategy is to lease the land while pursuing grant funding for its purchase.
• Mr. Bennett reported that a company has written the city requesting to install a 150ft. high
telecommunications tower within the city. He related that according the Telecommunications
Act, the city may not prohibit tower construction. However, it may be regulated with similar
concepts as the adult entertainment ordinances. Mr. Bennett stated that an emergency ordinance
may not be adopted. However, it is recommended that consideration for developing a regulating
ordinance should be forwarded to Planning and Zoning for recommendation. Council concurred
to pursue a telecommunications tower regulating ordinance by placing the issue on the next
Planning and Zoning agenda.
MAYOR PRO TEM-Rocky Randels
• Mr. Randels reported that he represented the city aboard the HMS Trafalgar. He presented
them a key to the city and in return received an HMS Trafalgar plaque which he presented to
Mayor Porter.
• Mr. Randels suggested that the city purchase Florida Statutes on ed now that the city has cd
rom capability.
• Mr. Randels queried who plants the initial sod on city medians when the median has been
adopted by a donor. Council consensus was to have Beautification Board input on the Tower
Boulevard median landscaping.
• Mr. Randels commended Council Member, Buzz Petsos for initiating the Youth Awareness
Committee. He reported that all 15 cities in the county are supporting it and it is apparent that the
League of Cities will become involved statewide.
COUNCIL MEMBER- Buzz Petsos
• Mr. Petsos queried if other Council Members have completed the City Manager's evaluation
forms. He suggested and Council concurred to place consideration of the City Manager's annual
evaluation on the next agenda.
City Council Regular Meeting Minutes
October 15, 1996
Page 7
• Mr. Petsos queried if further consideration has been given to installing outside accessible
mailboxes for Council Members. Mr. Boucher reported that a 16-slot mail box has been
ordered. Mayor Porter suggested that the box should be installed in a wall to be accessible from
inside the building as well as outside. Council concurred.
• Mr. Petsos queried if it would be possible to construct a few rolls of sand fencing on the dunes
as a demonstration project, and if it appears successful then, pursue grant funding. He suggested
that it would be a good volunteer project. Council concurred.
• Mr. Petsos reported that the Enterprise Florida Conference (Department of Commerce) will
be held in Cape Canaveral, which is reflective of the positive image the city is developing.
• Mr. Petsos queried if the 911 addresses on Adams have been resolved. Mr. Boucher reported
that feedback has been poor from the property owners. Mr. Petsos stated that the address change
must be pursued aggressively because it diminishes the safety of those residents should they have
a need for a 911 response.
• Mr. Petsos suggested and Council concurred to include capital item sharing should be placed
on the Joint Meeting Agenda of the City of Cape Canaveral and the City of Cocoa Beach.
COUNCIL MEMBER-Leo Nicholas
• Mr. Nicholas queried if there is a policy for having gates on dumpster enclosures. Mr. Boucher
replied that there is an ordinance allowing for three-sided enclosure, but not mandating that a
gate is required. Mr. Nicholas suggested that the city query Western Waste about the possibility
of the garbage collectors opening the gates for an additional fee. Ms. Marilyn Rigerman stated
that Harris does provide that service for the City of Cocoa Beach.
• Mr. Nicholas queried if the city incurs liability in association with the easement obtained from the
Tap House for the AIA beautification demonstration project. City Attorney, Kohn Bennett,
replied that he has already prepared a written opinion which the City Manager can provide to
Council. He added that, the City's liability insurance would cover the property in the event of any
liability.
• Mr. Nicholas stated that sewer impact fee financing was intended to accommodate
condominiums and large scale developments and has never been used by any of them. He related
that only restaurants have financed the impact fees and it has proven to be unsuccessful. Mr.
Nicholas proposed to eliminate the impact fee financing altogether to save confusion, time and
expense.
Ms. Ruby Daniel, resident, spoke in agreement with Mr. Nicholas that all businesses realize the
expenses incurred in starting and should plan them.
Council concurred to consider eliminating the financing policy, to be placed on the next agenda.
City Council Regular Meeting Minutes
October 15, 1996
Page 8
COUNCIL MEMBER- Burt Bruns
• Mr. Bruns queried of the status of the Applegate house on Washington Avenue. Mr. Bennett
reported that there has been no response, however, the time frame is until October 18, 1996.
• Mr. Bruns queried of the status of the Police Station Annex renovation project. W. Boucher
reported that the bid has been let and will be opened on Monday, October 28, 1996.
• Mr. Bruns commended City Attorney, Kohn Bennett for his representation of the city, especially
at the October 15 , 1996 Board of Adjustment meeting.
• Mr. Bruns queried if the library expansion project is on schedule. Mr. Boucher replied that it is
on schedule, barring unforeseen weather interference.
MAYOR-John Porter
• Mayor Porter queried if Council concurred with the volunteer corps doing another AIA curb
cut elimination/landscaping project at the southern entrance to the city on W. Melvin's
property if he agrees to allow the project. Mr. Boucher stated that he will ascertain if Mr. Melvin
is in agreement by Thursday, October 17. Council concurred that if the agreement is not made,
another project will be done, such as the dune fencing.
ADJOURNMENT: 9:15 p.m.
John K. Porter,MAYOR
Sandra O. Sims, CITY CLERK
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: _ lt4fienlA M . CA22OC-/— Home Telephone: — 35,3 3
Home Address: 11,2 W46NIIJ&-rol 1 4 vje_�
Business: rc>/...i Business Telephone: y0 71893 - 33 z I
Office Address: 331 MyqC-T& 1 2 FG &_07 D2L_ATv+>c:) rc.
�;u r 71--- 0-5 Z
Brief Description of Education and Experience: OF SCt ��ClOLd6c /Ll2ln/E (3/oc� j/
ttZLE(C�rN D1[lCtiJSo,j CONItl, I q8Z ,ZEC�al57 z�r7 �N✓�2c�� F�17�'�L 17'C-_ Ll 4
�OF,ESSto„!gC_ . ��4rrc �.tcPL��F Foo lz yges i�! gni✓t2��n�cErz�� Fi��� ._
Cr7Vrr_ TGt2rL�. CoASr Sl F�22,� GLI,I� �� � 9 NR77✓c Pbq— 7- Syci6;c�
Are you a registered voter? Yes No
Have you been a resident of the City for 12 months or longer? Yes _ No
Do you currently hold a public office? Yes _ No
Are you presently employed by the City? Yes _ No
At the present time, do you sferve on a City Board? Yes No N
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
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes No
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
jSfi -
1 Beautification Board Construction Board of Adjustment 3c Appeals*
Board of Adjustment* Library Board
Code Enforcement Board* Planning and Zoning Board*
Commercial Development Board Recreation Board
Community Appearance Board*
*Members of these Boards are required to complete Fueancial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please-list what you feel are your qualifications to serve as a member on one of the City's Boards:
/ �h4-!/r� �2 cfF s F logo FSS S i o r✓�L �.�P r SCE ��02� n�G Fv 2 7774£
1A) CSO Vee,ti^xEnjT /iv T"2/
4o✓ .t/Jvt��lT A-r/(� , �wXl yS Wo2lGr�� iyrv � l/!.� f�rCoyE e.,-J7-S
�F � C�01/�/zvttii�tE�vT� (� �/�oG�SS /r lT� C>GcTCDv�.tES a / P
I I C� 2 E H-r3oc,�T /T5 OP–A(,c -y 19-ND WOULr > L1 i4-E. Tc)
Would you consider serving on another City Board other than the ore(s) you have selected on the front of This form?
Yes L—f-= No
Applicant's signature: �C�_ 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.
I
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, piease
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COTMTLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
A DTA 72) /7--5 E,4C,t i /P-7 /D 1� � i i t S
2O 7C 1 ES f/j AJ
}/ 13�A Lt 77 G1 C,1:3-T7 0 �/ z r� ��
w o cA L- D a t,(-o c-j AA 7U C 7� v y ��co M E
/N Vo L-V eD /,^J 72tE COQ fvl "L/L) 7 T
/ti / 7-5 75 E t-t T1 C-16 ,q 7-1 0 n1
Meeting Type Regular:
Meeting Date: 11-07-96
AGENDA
Heading Considerations
Iter' 6
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROPOSAL FROM CLARK, ROUMELIS & ASSOCIATES TO PREPARE AN EMERGENCY
MANAGEMENT GRANT
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council consider approval of a proposal from Clark, Roumelis & Associates in the amount of
$2,000 to prepare an emergency management grant for hurricane shutters and a new emergency generator for
the City Hall Annex.
Summary Explanation& Background:
With the submittal of this grant, the city would be eligible for $50,000 for the purchase and installation of
hurricane shutters for City Hall, Annex and Recreation Center. Also included as part of this grant would be the
purchase and installation of a new emergency generator for the Annex.
I recommend approval with funds from General Funds Reserves that were set aside for preparing grants.
Exhibits Attached:
CRA Proposal; Estimate for Generator
CityManager's Office Department ADMINISTRATION
g:\Admin\Cou=il\Me ting\11-07-96emergmt.dm
ft W
A
October 17, 1996
Mr. Bennett Boucher; City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920
RE: EMERGENCY MANAGEMENT GRANT
Dear Mr. Boucher;
Attached,please find a proposal from Clark,Roumelis and Associates,Inc. to prepare and submit
for the City of Cape Canaveral a grant application for the Emergency Preparedness and
Assistance Trust Fund through the Florida Department of Community Affairs. It is my
understanding based on previous conversations with you that the City would like to use these
grant funds to purchase items such as emergency generators for the City Hall Annex and Rollex
hurricane shutters for all City facilities. The City would be eligible for $50,000 in grant funds.
This application has a deadline of November 18, 1996. Therefore, if the City would like us to
prepare this application, please notify me in writing by Friday, October 25, 1996. If you have
any questions, please feel free to call me at 1-800-232-3545.
Sincerely;
CLARK, ROUMELIS AND ASSOCIATES, INC.
jai
Christy Suehl ;
Community Development Manager
ces/cape96gw/correspondence
cc: Robert D. Johnson; Director of Administration
1933 Commonwealth Lane 427 Whooping Loop, Suite 1878
Tallahassee, Florida 32303 Altamonte Springs, Florida 32701
(904) 574-1574 FAX (904) 574-1641 (407) 339-3545 FAX (407) 339-3462
AGREEMENT FOR GRANT
WRITING SERVICES
Clark, Roumelis &Associates, Inc., proposes to develop a Municipal Competitive
Grant Program for the City of Cape Canaveral, Florida. Services will include the following
activities:
TASK 1. Application
1.1 Meet with City staff to review proposed activities and schedule of events.
1.2 Review project on-site and take photographs of project area.
1.3 Evaluate existing data provided by City.
1.4 Present draft copy of the base application to the City staff for consideration.
1.5 Revise the report as necessary and present the report to the City Council,
if requested.
1.6 Prepare statement of purpose and objectives, including a discussion of
reasons in support of project.
1.7 Develop statement related to any partnerships developed to support the
activities proposed for the project.
1.6 Prepare final application, with 7 complete copies bound in three ring
binder.
Page 1 of 3
FEES
The attached hourly break-down chart provides detailed cost information.
TASK 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee: $1,900
REPRODUCTION OF APPLICATION
AND EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost: $100
Payment
Clark, Roumelis & Associates, Inc. will invoice the City monthly based on the sub-
tasks completed for the period. The City will issue payment promptly in accordance with
normal payment procedures. Payment shall be made within 30 days of receipt of invoice.
Additional Services
Additional services may be provided by mutual consent of the parties through an
amendment to this agreement. This cost includes preparation, attendance and travel time.
Any additional services required by the City will be negotiated by the City and Clark,
Roumelis & Associates, Inc.
Termination
This agreement may be terminated by the City upon 10 days written notice. Upon
termination, Clark, Roumelis&Associates shall invoice the City and the City shall pay CRA
for work completed or in progress prior to termination.
Hourly Fee
If services are provided as mutually agreed on an hourly basis, the billing rate will be
as follows:
Principal $100
Director of Administration $75
Engineer $87
Planner $50
Senior Design Draftsman $45
Secretary $27
Under normal circumstances, this fee includes all costs such as travel, routine
printing, local travel, telephone, mail or courier, etc.
Page 2 of 3
PROPOSED BY: CLARK, ROUMELIS & ASSOCIATES, INC.
W. H. Clark, as President Date
WITNESS:
ACCEPTED BY: CITY OF CAPE CANAVERAL
ATTEST:
Date
WITNESS:
Page 3 of 3
Meeting Type Regular:
Meeting Date: 11-07-96
AGENDA
Heading Considerations
Item 7
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AWARD OF BID NO. 96-06, SPORTS LIGHTING RETROFIT
DEPT./DIVISION: PARKS & RECREATION
Requested Action:
That the City Council consider the award of Bid No. 96-06, Sports Lighting Retrofit, to the low bidder, Pasco
Services, Inc., in the amount of$12,655.
Summary Explanation& Background:
The scope of services is to remove the existing wood poles and quartz lights of the senior ball field and install
the new concrete poles and fixtures furnished by the city. The project is funded by an FDEP Grant.
I recommend approval.
Exhibits Attached:
Recreation Director's memo of 10/28/96; Bid Documents
City Mana 's Office —, Department PARKS & RECREATION
g:\Admin\Counci1W=ting\I I-07-96\96-06.doc
City of Cape Canaveral
srt .
I n{i CITY OF
fVq CAPE CANAVERAL
October 28, 1996
MEMO
ZO
TO: CITY MANAGER, MAYOR, COUNCILMEMBERS
FROM: NANCY HANSON, DIRECTOR, PARKS & RECREATION DEPT.
RE: BID FOR ELECTRICAL WORK/BALLFIELD LIGHTING PROJECT
Pasco Services submitted the low bid of $12 ,655 to remove
the wood poles and quartz lights and install the new concrete
poles and metal halide fixtures and lamps on the senior
ballfield at Canaveral City Park.
Pasco has, in recent years , installed poles and lights on
the KARS Park ballfields , Mets training camp/Vero Beach and
numerous poles and security lights at Complex 17, 40 & 41 ,
at KSC.
Expenditures to date on this project include:
$ 100 . 00 - Property title search (for commencement approval )
2, 100.00 - Engineering/sealed drawings
89 . 66 - Drawings reproduction
249 .08 - Legal ads (for public bids )
15, 872 .00 - Restroom renovation ( including tile work)
19,065 . 06 - Materials/lighting project (fixtures, lamps & poles )
37,475 . 80 - TOTAL
12 ,655 .00 - Labor/lighting project( if low bidder is used)
$50, 130 . 80
The only remaining component in grant is the signage
and markings for shared bikeway and the sign DEP requires be
erected stating how the project was funded.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407)868-1200 • FAX(407) 799-3170
City of Cape Canaveral, Florida
RESULTS OF BID OPENING
DATE: October 21, 1996
TIME: 3.00 p.m.
PLACE: 111 Polk Ave., Cape Canaveral 32920
ITEM(S) FOR WHICH BIDS WERE RECEIVED:
COMPANY CITY & STATE AMOUNT
Pasco Service, Inc. P.O. Box 262 $12,655
Cape Canaveral, FL 32920 Alternate$10,164
Dixon Electric Co., Inc 2151 Lake Drive
Cocoa, FL 32926 $22,500
BID AWARDED TO:
APPROVED BY:
DATE:
d Acitycl"1\cityc1k\bids\rs1t9606.doc
PROPOSAL
SPORTS LIGHTING RETROFIT
CANAVERAL CITY PARK—
RFP NO. 96-06
Proposal of: PASCO SERVICES, INC.
P. O. BOX 262 (Name)
CAPE CANAVERAL, -FL 32920-0262
(Address)
to provide the City of Cape Canaveral with "Sports Lighting Retrofit - Canaveral City Park". 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
Post Office Box 326
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.
TOTAL COST: $12, 655. 00
Alternate Bid =$10, 164.00
d:\eityc l-1\cityc Ik\bids\1996\06-96anx.dx
The undersigned also agrees as follows:
1. The contract will be effective immediately upon approval by the City Council.
2. Terms, conditions and rates proposed must be binding for 120 days from Proposal due date.
Dated this 21 stday of October , 1996.
Respectfully submitted,
PASCO SERVICES, INC.
(Company or corporation name)
P. O. BOX 262
(Street address, P.O. Box)
CAPE CANAVERAL, FL 32920-0262
(City, State, Zip code)
By: 171 Qlru�
(Signature, Title)
Frank M. Bradshaw
President
d:\citycl-1\citycIk\bids\1996\06-96anx.doc
REQUEST FOR PROPOSAL NO. 96-06
SPORTS LIGHTING RETROFIT PROJECT
CANAVERAL CITY PARK
I. Building Permits
A building permit must be obtained, however, there will be no charge as Council voted at
the October 3, 1995 meeting, to waive fees for this project.
II. " Alternate Bid: $10, 164. 00
1. Provide six (6) 70 foot concrete poles (must be rated to withstand 120 mile an hour
wind load)
t
d:\citycl-1\cityclk\bids\1996\06-96anx.doc
,t, .[Yi ^r!.'!l .ice•:i. !.!t!'i C[.
• SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(x),
FLORIDA STATUS ON PUBLIC ENTTTY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to CITY OtFn CAPE CANAVERAL
by Frank M. Bradshaw, Preside
name of clic public entity)
for PASCOt SERViC'� med UUc]
(print name of entity submitting sworn statement)
whose business address is
P. O. Box 262
Cape Canaveral, FL 32920-0262
and (if applicable) its Federal Employer Identification Number (FEIN) is 59-3336785
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: n/a )
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Floridn Stntutcs, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Stntutcs. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1939, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate' as defined in Paragraph 287.133(1)(a), Florldn Stntutcs, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who arc active in the management of
an affiliate. The ownership 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 market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(c), Florid Statutes means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners,shareholders, employees, members, and
agents who are active in management of an entity.
PASCO SERVICES, INC.
Electrical Contractors
Post Office Box 262 PH: (407) 452-8448
Cape Canaveral, FL 32920-0262 FAX: (407) 452-8445
October 21, 1996
Sandra Rozar Sims, City Clerk
City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, FL 32920
Reference: Request for Proposal No. 96-06
Sports Lighting Retrofit-Canaveral City Park
Subject: Scope of Work Proposal Sheet
Our scope of work for the referenced proposal is as follows:
I. Replace existing ballpark fight poles with six(6) each owner furnished concrete poles and
to install owner furnished fight fixtures for the proposed price of$12,655.00.
II. Alternate Bid-Provide six(6) 70 foot concrete poles rated to withstand 120 mile an hour
wind load for the proposed price of$10,164.00.
Very truly yours,
PASCO SERVICES, INC.
drank M. Bradshaw
President
Cape Canaveral Ball Field Modifications January 29, 1996
Field Lighting 95108
SECTION 16000 - ELECTRICAL WORK
PART 1 - GENERAL
SUMMARY
Provide modifications to electrical systems including:
Power.
Lighting.
Include grounding, circuit breakers, wiring, outlet boxes, receptacles, lighting fixtures, switches,
rpanelboards, contactors, conduits, raceways and all accessories. Include labor for relocation of
existing equipment and materials.
Coordinate with Owner to provide complete systems for all contract areas.
Coordinate location of equipment systems to avoid conflict or interference with existing
installations. Notify Owner prior to construction of conflicts which cannot be resolved.
V
.-OWNER-FURNISHED MATERIALS AND EQUIPMENT
Concrete poles, field floodlighting fixtures, and floodlight mounting crossarms will be furnished by
the Owner. Contractor shall provide all labor, materials, hardware, etc., for installation of Owner-
furnished items and all other labor, material, equipment, etc., shown on the drawings or specified
herein to provide a complete properly operating system. Concrete poles will be 70 ft. overall
length, for 60 ft. floodlight mounting height.
SUBMITTALS
Submit for approval shop drawings and circuit diagrams, product data, record documents.
QUALITY ASSURANCE
Comply with governing codes and regulations. Provide products of acceptable manufacturers
which have been in satisfactory use in similar service for three years. Use experienced installers.
Deliver, handle, and store materials in accordance with manufacturer's instructions.
Arrangement of systems indicated on the drawings is diagrammatic, and indicates the minimum
requirements for electrical work. Site conditions shall determine the actual arrangement of
conduits, boxes, and similar items. Take field measurements before fabrication. The contractor
shall be responsible for accuracy of dimensions and layout.
Comply with the National Electrical Code and applicable local regulations.
PART 2 - PRODUCTS
MATERIALS
Conduit: Rigid galvanized metal conduit shall be used for all work outside the building above
grade.
ELECTRICAL WORK 16000-1
Cape Canaveral Ball Field Modifications January 29, 1996
Field Lighting 95108
Exposed metal raceways inside the building may be EMT where permitted by NEC.
Boxes: Provide galvanized steel outlet, junction and pull boxes sized to meet requirements of
National Electrical Code inside the building. Minimum box size shall be 4"X4"; 2"X4" boxes will
not be allowed. All boxes or enclosures outside the building shall be galvanized cast steel or
non-metallic with gasketed covers.
Conductors and wiring: 600 volt insulation type THWN or THHN copper wiring for branch
circuits. Conductors AWG No. 12 shall be solid. Conductors AWG No. 8 and larger stranded.
Minimum conductor size AWG No. 12. Green ground conductors in all raceways. Other sizes as
required by service intended.
Wiring devices: Receptacles, lighting switches, ground fault receptacles, and coverplates as
required. All switches and receptacles shall be specification grade. Device plates shall be
galvanized steel.
PART 3 - EXECUTION
INSTALLATION
Install materials and systems in accordance with �ani:facturer's instructions and approved
submittals. Install materials in proper relation with adjacent construction and with uniform
appearance for exposed work. Coordinate with work of other sections. Comply with applicable
regulations and building code requirements.
Comply with National Electrical Code and building code requirements. Maintain continuity of
circuits required tc) supply new or existing equipment in service.
All conductors provided shall be copper. Where connecting to existing aluminum conductors to
be re-used. The aluminum conductor shall be wire-brushed and inhibitor applied immediately. All
copper to aluminum splices or connections shall be made with U.L. applied copper-to-aluminum
connectors.
Floodlights shall be aimed, at night, to give the maximum uniformity of illumination possible.
Test all systems for proper operation. Restore damaged finishes. Clean and protect work from
damage.
Instruct Owner's personnel in proper operation of systems.
END OF SECTION
ELECTRICAL WORK 16000-2
6. Based on Information and belief, the statement which I have marked below Is true In relation to the entity
submitting this sworn statement. (indicate which statement applies.]
XX Neither the entity submitting this sword statement, nor any of Its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the eniity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime 'subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of Its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged.with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
It was not in the public Interest to place the entity submitting this sworn statement on the convicted vendor
list. (attneh a copy of the final order]
I UNDERSTAND TIIAT TILE SUB11AISSION OF TIIIS FORM TO THE CONTRACTING OFFICER FOR TP,E
PUIILIC EN'T'T'1'Y IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTI'T'Y ONLY AND,
TlWl'TIIIS FORM IS VALID TIIROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND TILAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT'IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA
3TATUTFS FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TIIIS FORM.
• x, 1. 1:' .
[signature]
Frank -M. - Bradshaw
S
Sworn to and subscribed before me this day of 19
C
Personally known XX
OR Produced identification , Notaryy., St tp XMMj F�€i! a
My COMMISSION Y CC369522 UYIKO
May 23.M8
. •w''��",''�' ECNCFO TNRU TROY FAIN INSURANCE.ITXw
My common expires
('Type of identification) '
ad .♦.a :1.:.;.(Printed typed.or stamped
}�t
,-,:Commissioned name,of notarypublic) ;
• 'i. . 11)1'!. 1. '••1 .:late :! il,`f il' _ 11,•. `J !� •
;i Z1` ..I riI �•1�;°•10 �':'i. i!I':•:•1 -'�. . I� i.• l� ;l .
• •' •f .1 :1.J ill .i •!• •,•° � .. . 111,: 'i
', 1 1°11 '1/ � /ii• ♦ .. ... • ......
Form PUR 7068 (Rev. 06/18/92)
Cape Canaveral Ball Field Modifications January 29, 1996
Field Lighting 95108
SECTION 16001 -SELECTIVE DEMOLITION
PART 1 - GENERAL
RELATED DOCUMENTS
Drawings and general provisions of Contract, including any General and Supplementary
Conditions that apply to this Section.
DEMOLITION AND REMOVAL
This Section requires the selective removal and subsequent offsite disposal of the following:
Poles, lighting fixtures, panelboards, conduit, wire, hardware, etc.
REMOVAL AND REUSE
This Section requires the removal and reuse of the following:
Fence, contactor cabinet, timer pushbutton and other components as shown on the drawings.
Equipment and materials shown to be relocated/reused shall be carefully removed to avoid
damage. Minor repairs and repainting where applicable shall be performed by the Contractor
before re-installation.
SUBMITTALS
General: Submit the following in accordance with Conditions of Contract.
Schedule indicating proposed sequence of operations for selective demolition and construction to
Owner's Representative for review prior to start of work.
JOB CONDITIONS
Occupancy: Owner will occupy portions of the park area immediately adjacent to areas of
selective demolition. Conduct selective demolition work in manner that will minimize need for
disruption of Owner's normal operations. Provide minimum of 72 hours advance notice to Owner
of demolition activities that will affect Owner's normal operations.
Condition of Structures: Owner assumes no responsibility for actual condition of items or
structures to be demolished.
Conditions existing at time of inspection for bidding purposes will be maintained by Owner insofar
as practicable.
Protections: Provide temporary barricades and other forms of protection to protect Owner's
personnel and general public from injury due to selective demolition and construction work.
Provide protective measures as required to provide free and safe passage of Owner's personnel
and general public to occupied portions of the area. Provide temporary fencing as required to
prevent access to work in progress by the general public.
Remove protections as completion of work.
SELECTIVE DEMOLITION 16001-1
Cape Canaveral Ball Field Modifications January 29, 1996
Field Lighting 95108
Damages: Promptly repair damages caused to adjacent facilities by demolition work.
Traffic: Conduct selective demolition operations and debris removal to ensure minimum
interference with roads, streets, walks, and other adjacent occupied or used facilities.
Environmental Controls: Comply with governing regulations pertaining to environmental
protection.
PART 2 - PRODUCTS
Not applicable.
PART 3 - EXECUTION
PREPARATION
General: Provide shoring, bracing, or support to prevent movement, settlement, or collapse of
items or structures to be demolished, and adjacent to remain.
Cease operations and notify Owner's Representative immediately if safety of structure,
Contractor personnel, or general public appears to be endangered. Take precautions to support
structure or prevent access to hazardous ri
s conditions until determination i8 ! '� #... ��� n,;
operations.
DISPOSAL OF DEMOLISHED MATERIALS
Existing wooden lighting poles removed shall be delivered to the City of Cape Canaveral Public
Works Department, Tower Boulevard, Cape Canaveral, Florida. Contact Mr. Michael Gluskin,
Public Works Director, 868-1240. All other removed material, construction debris, etc., shall
remain the property of the Contractor and the Contractor's responsibility for removal and legal
disposal off site.
END OF SECTION 16001
SELECTIVE DEMOLITION 16001-2
Cape Canaveral Ball Field Modifications January 29, 1996
Field Lighting 95108
SECTION 16370 - ELECTRICAL DISTRIBUTION SYSTEM AERIAL
PART 1 - GENERAL
REFERENCES
AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)
ANSI C2 (1993) National Electrical Safety Code
ANSI C135.1 (1979) Galvanized Steel Bolts and Nuts for Overhead Line Construction
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
NFPA 70 (1993) National Electrical Code
UNDERWRITERS LABORATORIES (UL)
UL 486A (1991; Rev. Oct. 1991) Wire Connectors and Soldering Lugs for Use with
Copper Conductors
UL 486B (1991; Rev. thru Apr. 1992) Wire Connectors for Use with Aluminum
Conductors
PART 2 - PRODUCTS
Ferrous metal hardware shall be hot-dip galvanized in accordance with ASTM A153 and ASTM
A123.
GROUNDING AND BONDING
Ground rods shall be of copper-clad steel conforming to UL 467 not less than 3/4 inch in diameter
by 10 feet in length.
Grounding conductors shall be bare, except where installed in conduit with associated phase
conductors. Insulated conductors shall be of the same material as the phase conductors and
green color-coded. Bare conductors shall be ASTM B8 soft-drawn unless otherwise indicated. A
ground rod shall be installed at each pole, with a minimum #6 bare copper bond wire extending
up the pole to 12 inches above the top of the pole.
PART 3 - EXECUTION
Pole Setting: Poles shall be set straight and firm. Pole setting depths shall be as recommended
by the manufacturer for the type soil encountered. Holes shall be dug large enough to permit
proper use of tampers to the full depth of a hole. Earth shall be placed into a hole in 6 inch
maximum layers, then thoroughly tamped before the next layer is placed. Surplus earth shall be
placed around a pole in a conical shape and packed tightly to drain water away from poles.
Poles may be set in the same location as existing poles after removal of existing poles, or may
be set adjacent to the existing poles prior to removal, at the Contractor's option.
ELECTRICAL DISTRIBUTION SYSTEM, AERIAL 16370-1
Cape Canaveral Ball Field Modifications January 29, 1996
Feld Lighting 95108
GROUNDING
Noncurrent-carrying metal parts of equipment and conductor assemblies shall be grounded.
Driven'ground rods shall be located approximately three feet out from base of the pole and shall
be driven into the earth until the tops of the rods are approximately one foot below finished grade.
END OF SECTION 02070
ELECTRICAL DISTRIBUTION SYSTEM, AERIAL 16370-2
Meeting Type Regular:
Meeting Date: 11-07-96
AGENDA
Needing Considerations
Item 8
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COOPERATIVE PURCHASE OF A FORD PICK-UP TRUCK IN THE AMOUNT OF $16,938.
DEPT./DIVISION: STREET DEPARTMENT/PUBLIC WORKS
Requested Action:
That the City Council consider the approval of the cooperative purchase of a Ford F-250HD pick-up truck from
Duval Ford in the amount of$16,938.
Summary Explanation& Background:
The purchase of a 3/4 ton heavy-duty pick-up truck is a budgeted item. $16,500 was authorized, the state bid
price was $16,673 and a$265 bed-liner was added to this package.
I recommend the approval of this purchase being funded with $14,080 of reserves and $2,858 from general fund
operating.
Exhibits Attached:
State Bid Information
CityMana er's Office Department STREET/PUBLIC WORKS
g:\admin\camcil\me=ting\l 1-07-96\frdtrck.doc
10-16-1996 :33PH FPUP 1 P. 1
r a - - un(s "
,-, 61;
c
Q P.0- Box 7687- 16F6 C--aSsat Avenge•lacksonvillp, TL 32238 — - -----
A4CAn MHtrlEtr,AnoANY Telephone 4041388.2144
DATE: �
r d7f
t �
FROM: FRANK RHODES
FLFETSALES
0Mce: 904-389-2144
jFaxt 904-.3 �7� G /
Message:
—7Z yook
/o rr YovE 2 .�- ts�►. ,
A
001- 22-
I /�
070-001-96-1 -- REVSBODY -Microsoft Internet Explorer Page 14 of 63
dripstrip on cab and DOT Yellow (DuPont
Centari L9069A) on remainder of cab.
Factory painted if available. SEE SP02
SPECIFICATION SRAT-1, NOTE 1. CODE DOT PRICE $ 75.00
8018 Special state colors, two-tone. Woodsmoke
Gray Enamel (DuPont Centari K9029A) and
Black (DuPont Centari 99A) . Factory
painted if available. Paint scheme to be
provided by the Florida Marine Patrol. SP02
SEE SPECIFICATION SRAT-1, NOTE 1. CODE FMP PRICE $ 75.00
9904 Manufacturer's Extended Vehicle Warranty.
Warranty shall be for a period of 5 years
or 75, 000 miles whichever occurs first.
SEE SPECIFICATION EVW 5/75. CODEEVW/5/75 PRICE $1, 000.00
9905 Manufacturer's Extended Vehicle Warranty.
Warranty shall be for a period of 6 years
or 100, 000 miles whichever occurs first. EVW
SEE SPECIFICATION EVW 6/100. CODE 6/100 PRICE $1, 695.00
070-500-425 , 3/4 Ton Heavy-Duty Pickup Truck ,
4X2 Back to Too
070-500-425 3/4 TON HEAVY-DUTY PICKUP TRUCK, 4X2
(5-HD)
NOTE: This detailed specification is not complete unless it is used in
conjunction with Specification Number SRAT-1, SPECIAL REQUIREMENTS ALL
AUTOMOBILES AND LIGHT TRUCKS.
INTENDED VEHICLE USE
USED FOR HAULING BULK MATERIAL, MEDIUM TO HEAVY DUTY TOWING AND
TRANSPORTATION OF UP TO THREE INDIVIDUALS ON THE HIGHWAY AND OFF THE
HIGHWAY ON UNIMPROVED ROADS.
STD CARGO AREA: 97" X 64" X 49" (Between wheel housings)
STD WORKING CARGO CAPACITY: 3700 LBS. (Approx. net capacity, deducting
weight of driver and one passenger)
STD TOWING CAPACITY: 4000 LBS.
PERFORMANCE OPTIONS CARGO LBS. OR TOWING LBS.
OPT 1001 DIESEL ENGINE 3700 OR 4000
j� OPT 2002 TRAILER TOW PKG 3700 OR 8000
OPT 2003 TRAILER TOW PKG 3700 OR 10,000
OPT 2004 TRAILER TOW PKG 3700 OR 8500 (GM, DODGE)
3700 OR 10, 000 (FORD)
10. ENGINE: Gasoline engine, V8, minimum 5.7L (350 CID) and 210 Net HP;
standard alternator and battery; standard cooling system.
20. TRANSMISSION: Minimum 4 speed automatic with overdrive.
30. AXLES: Standard axle ratio for specified engine/transmission
combination.
10/25/96 10:57:31 AM
070-001-96-1 -- REVSBODY -Microsoft Internet Explorer Page 15 of 63
50. COMFORT ITEMS: Air conditioning; all glass tinted; AM-FM radio;
vinyl seat upholstery.
60. SAFETY ITEMS: 4-wheel anti-lock braking system, if available; air
bag(s) , if available; dual outside mirrors; interior dome light.
Standard air bag or air bags may not be deleted. Fleet deletes for
air bag(s) may not be used.
70. TIRES & WHEELS: Five (5) LT235/85R16E or larger radial BSW all
season tread tires; spare tire, wheel and rack to be frame mounted;
jack and lug wrench.
070-500-425
(5-HD)
80. CHASSIS, FRAME, CAB: Minimum 81600 lbs. GVWR; minimum 4, 000 lbs.
payload; minimum 131.0" wheelbase; fleetside body, minimum 97.0"
inside box length; painted or chrome front bumper; heavy-duty step-
type rear bumper, factory installed, bumper shall have a minimum
capacity of 4000 lbs. horizontal pull weight and 400 lbs. vertical
tongue weight; fuel capacity, 34.0 gallons, minimum; all
manufacturer's standard colors.
STATE: GVWR 8600 PAYLOAD 4065
90. CONDITIONS: All enclosed Conditions and Requirements shall apply.
070-500-425 MAKE FORD HD 3/4-TON PICKUP, 4X2
(5-HD)
CONTRACTOR DISCOUNT* MODEL# PRICE
Western District DUVAL FORD -0- F25 $16,252.00(A)
Northern District DUVAL FORD -0- F25 $16, 192.00(B)
X Central District DUVAL FORD -0- F25 $16,244.00(C)
` Southern District DUVAL FORD -0- F25 $16,267.00 (D)
NOTE: ONLY THE ABOVE NAMED CONTRACTOR(S) IS/ARE AUTHORIZED TO SELL THIS
COMMODITY UNDER THIS CONTRACT!
FACTORY CUTOFF DATE:
*Discount per unit for vehicle picked up by ordering
agency at contractor's place of business.
Approximate delivery time required after receipt of orde : 60 DAYS
**************************************************************************
OPTION: 070-500-426 - Option, Pickup Truck, 3/4 Ton H.D. , 4X2, SPEC. 5-
HD
OPTIONS:
1001 Diesel engine, I6 or V8, minimum
5.9L (360 CID) and 180 Net HP. CODE 99F PRICE $3, 595.00
(NOTE TO USER: DO NOT ORDER THIS
OPTION WITH OPTIONS 2002, 2003 OR 2004)
1002 O.E.M. alternative fuel conversion
ready engine. To include all internal
modifications required for aftermarket
conversions for operation of natural gas.
10/25/96 10:53:35 AM
070-001-96-1 -- REVSBODY -Microsoft Internet Explorer Page 16 of 63
State engine manufacturer and model no.
bid.
MANUFACTURER MODEL NO. CODE PRICE N/A
2001 Manual overdrive transmission, 5-speed
minimum. CODE 44W PRICE
(Credit)
070-500-425 MAKE FORD HD 3/4-TON PICKUP, 4X2
(5-HD)
2002 HD trailer towing equipment for towing up
to 8000 lbs.
FORD: Includes these components; 4.10
rear axle ratio (X35) , trailer tow package
(535) - super engine cooling, auxiliary
transmission oil cooler, 850 CCA HD
battery, handling package - front and rear
stabilizer bars, 5-lead wire harness, HD
flasher and HD Class IV receiver hitch 535, CIV
7500/10, 000 lbs. capacity, installed. CODEX35, 624 PR E $429.00
NOTE TO USER: THE HD CLASS IV RECEIVER
HITCH HAS A DEAD WEIGHT CAPACITY OF 7500
LBS. HORIZONTAL PULL AND 750 LBS. VERTICAL
TONGUE WEIGHT. ADDITIONAL HITCH EQUIPMENT
MAY BE REQUIRED IN ORDER TO TOW ABOVE 7500
LBS. WITH 750 LBS. TONGUE WEIGHT)
2003 HD trailer towing equipment for towing up
to 10, 000 LBS.
FORD: Includes these components; 7.5L V8
engine (99G) , 4.10 rear axle ratio (X35) ,
trailer tow package (535) - super engine
cooling, auxiliary transmission oil cooler,
850 CCA HD battery, handling package -
front and rear stabilizer bars, 5-lead
wiring harness, HD flasher and HD Class
IV receiver hitch 7500/10,000 lbs. 99G, X35
capacity, installed. CODE535,CIV PRICE $845.00
(NOTE TO USER: THE HD CLASS IV RECEIVER
HITCH HAS A DEAD WEIGHT CAPACITY OF 7500
LBS. HORIZONTAL PULL AND 750 LBS. VERTICAL
TONGUE WEIGHT. ADDITIONAL HITCH EQUIPMENT
MAY BE REQUIRED IN ORDER TO TOW ABOVE 7500
LBS. WITH 750 LBS. TONGUE WEIGHT)
070-500-425 MAKE FORD HD 3/4-TON PICKUP, 4X2
(5-HD)
2004 HD trailer towing equipment for towing up
to 8500 lbs. (GM, DODGE) ; 10,000 lbs.
(FORD) .
FORD: Includes these components; 7.3L turbo
diesel engine (99F) , 4.10 rear axle ratio
(X35) , trailer tow package (535) - super
engine cooling, auxiliary transmission oil
cooler, handling package - front and rear
stabilizer bars, 5-lead wiring harness, HD
flasher and HD Class IV receiver hitch 7500/ 99F, X35
10,000 lbs. capacity, installed. CODE535, CIV PRICE $3, 847.00
10/25/96 10:53:35 AM
070-001-96-1 --REVSBODY -Microsoft Internet Explorer Page 17 of 63
(NOTE TO USER: THE HD CLASS IV RECEIVER
HITCH HAS A DEAD WEIGHT CAPACITY OF 7500
LBS. HORIZONTAL PULL AND 750 LBS. VERTICAL
TONGUE WEIGHT. ADDITIONAL HITCH EQUIPMENT
MAY BE REQUIRED IN ORDER TO TOW ABOVE 7500
LBS. WITH 750 LBS. TONGUE WEIGHT)
3001 Limited slip or locking differential. CODE XC9 PRICE $205.00
5002 Delete air conditioning. CODE D572 PRICE
(Credit)
5003 Electronic speed control with resume
feature. CODE 52N PRICE $316.00
5004 Folding rear bench seat with seat belts, for
long cab models. CODE 879 PRICE $415.00
(NOTE TO USER: REQUIRES OPTION 8005 OR 8009)
5005 Rain shields over door windows. Auto
Ventshade Co. or approved equivalent. CODE DIRS PRICE $ 50.00
5006 Bench seat with cloth or cloth and vinyl
upholstery. CODE 7 SEAT PRICE $100.00
6001 Daytime running lights. CODE PRICE N/A
7001 Five (5) LT235/85R16E or larger radial
BSW tires, with on off road or all terrain
tread on rear tires. CODE T3N PRICE $ 55.00
8002 Special state colors, two-tone. Olympic
White (DuPont Centari K9031A) above
dripstrip on cab and Dark Green Metallic
(DuPont Centari K9030A) on remainder of DOA
cab. Factory painted if available. SEE SP02
SPECIFICATION SRAT-1, NOTE 1. CODE 8002 PRICE $196.00
MINIMUM OF 5 UNITS.
070-500-425 MAKE FORD HD 3/4-TON PICKUP, 4X2
(5-HD)
8003 Special state colors, two-tone. Olympic
White (DuPont Centari K9031A) above
dripstrip on cab and DOT Yellow (DuPont
Centari L9069A) on remainder of cab. DOT
Factory painted if available. SEE SP02
SPECIFICATION SRAT-1, NOTE 1. CODE 8003 PRICE $ 75.00
8004 Special state colors, two-tone. Woodsmoke
Gray Enamel (DuPont Centari K9029A) and
Black (DuPont Centari 99A) . Factory painted
if available. Paint scheme to be provided FMP
by the Florida Marine Patrol. SEE SP02
SPECIFICATION SRAT-1, NOTE 1. CODE 8004 PRICE $ 75.00
8005 Long cab model, minimum 8600 lbs. GVWR;
minimum 3550 lbs. payload; minimum 155.0"
wheelbase; minimum 97.0" inside box length.
X25
GVWR 8800 PAYLOAD 4025 CODE209, 155" PRICE $3, 119.00
8006 Chassis-cab for standard cab model,
minimum 8600 lbs. GVWR; minimum 4100 lbs.
10/25/96 10:53:35 AM
070-001-96-1 -- REVSBODY - Microsoft Internet Explorer Page 18 of 63
payload. A pickup model with the box
removed is acceptable provided the vehicle is
eligible for pickup box removal and
conforms to all FMVSS, the NTEA, and
the manufacturer's guidelines.
GVWR 8600 PAYLOAD(less body) 4150 CODE 66D PRICE
(Credit)
8007 Special state color. DOT Yellow (DuPont
Centari L9069A) , Factory painted if
available. SEE SPECIFICATION SRAT-1, SPOl
NOTE 1. CODE DOT PRICE N/C
8008 Special state color. Jade Green Metallic
(DuPont Centari K9027A) . Factory painted
if available. SEE SPECIFICATION SRAT-1, SPO1
NOTE 1. CODE GFC PRICE $121.00
MINIMUM OF 5 UNITS.
8009 Long cab model, minimum 8800 lbs. GVWR;
minimum 3750 lbs. payload; maximum 140.0"
wheelbase; maximum 83.0" inside box length.
X25, 139"
GVWR 8800 PAYLOAD 3835 CODE 209 PRICE $3,254.00
9902 Manufacturer's Extended Vehicle Warranty.
Warranty shall be for a period of 5 years
or 75, 000 miles whichever occurs first. EVW (DIESEL) $950.00
SEE SPECIFICATION EVW 5/75. CODE 5/75 PRICE(GAS $800.00
070-500-425 MAKE FORD HD 3/4-TON PICKUP, 4X2
(5-HD)
9903 Manufacturer's Extended, Vehicle Warranty.
Warranty shall be for a period of 6 years
or 100, 000 miles whichever occurs first. (DIESEL) $1, 845.00
SEE SPECIFICATION EVW 6/100. CODE6/100 PRICE(GAS) $1, 695.00
40 070-544-140 , Compact Pickup Truck , 4X4 Back to Top
070-544-140 COMPACT PICKUP TRUCK, 4X4
(38A)
NOTE: This detailed specification is not complete unless it is used in
conjunction with Specification Number SRAT-1, SPECIAL REQUIREMENTS ALL
AUTOMOBILES AND LIGHT TRUCKS.
INTENDED VEHICLE USE
USED FOR HAULING BULK MATERIAL, LIGHT DUTY TOWING AND TRANSPORTATION OF UP
TO TWO INDIVIDUALS OFF ROAD IN DENSE OR REMOTE AREAS.
STD CARGO AREA: 71" X 51" X 40" (Between wheel housings)
STD WORKING CARGO CAPACITY: 1150 LBS. (Approx. net capacity, deducting
weight of driver and one passenger)
STD TOWING CAPACITY: 2000 LBS.
OPT CARGO AREA, OPT 8005: 83" X 51" X 40"
10/25/96 10:53:35 AM
Dvl__ECF Fax Oct 18 "96 11 :07 F. 01/01
MANAIMM1,N'T
SERVICES
rAWTON' (30VFR?,.*0R WILLIAM IL TP40NER,SECRETARY
Suite 315
CERTIFICATION OF CONTRACT
TITLE : AUTOMOBILES AND LIGHT TRUCKS. CONTRACT NO. : 070-001-96-1
BID NO. : 7-070-001-P EFFECTIVE: OCTOBER 19 , 1995
(REV 29 JUL 96) through SEPTEMBER 30, 1997
CONTRACTOR (S) : SUPERSEDES : 070-001-95-1
BELL CHEVROLET (A) CARUSO CHRYSLER (A)
CHAMPION CHEVROLET (A) DON REID FORD (A)
DUVAL FORD (A) ED MORSE CHEVROLET N. (A)
ED MORSE FLEET SALES (A) GARBER CHEVROLET (A)
GARBER FORD MERCURY (A) HILL-KELLY DODGE (A)
KAISER PONTIAC (A) LOU BACHRODT CHEVROLET (A)
MAROONE CHEVROLET (A) MAROONE DODGE (A)
ORVILLE BECKFORD FORD (B) PRESTIGE FORD (D)
REGENCY DODGE (A) REVELS CHRYSLER PLYMOUTH DODGE (A)
(REV 8 OCT 95)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH
MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF JIM DEN BLEYKER
AT (904) 488-8367 SUNCOM 278-8367 .
A. AUTHORITY - Upon affirmative action taken by the State of
Florida Department of Management Services on October 19, 1995, a
contract has been executed between the State of Florida and the
designated contractors .
B . EFFECT - This contract was entered into to provide economies in
the purchase of Automobiles and Light Trucks by all State of
Florida agencies and institutions . Therefore, in compliance
with Section 287 . 042, Florida Statutes, all purchases of these
commodities shall be made under the terms, prices, and
conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in
accordance with the attached ordering instructions - Purchaser
shall order at the prices indicated, exclusive of all Federal,
State and local taxes ,
10
161
n7cyd'd NprP
ADDENDUM TO REQUISITION
1Zoq isi Loll U—J03
Vendor J V
Sole Source
Expedited
Other
Er:planati.on: IV-Cj �ylry ljc � ,6, GZi� lnrty0�
L has ,or-ds� ciL /
CC IA2 J PO LLOr. , -C
U � .
w / r
94) --r v G . o� c-?S
T f
-fe Len
er
fz4-- rn
a
Prepared BY:—
Date:
Y:—Date:
Rev. 6/4/93
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading Ordinance- 1st Reading
Item 9
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 23-96, AMENDING CODE CHAPTER 78, REPEALING PROVISIONS TO
FINANCE SEWER IMPACT FEES
DEPT./DIVISION: WWTP/PUBLIC WORKS
Requested Action:
That the City Council consider at first reading an ordinance that would repeal all city code provisions relating to
the payment of impact fees over time.
Summary Explanation& Background:
This ordinance was prepared as requested by the City Council due to the concern of not being able to collect
these impact fees over time.
Exhibits Attached:
Ordinance No. 23-96
City Manage Office — Department PUBLIC WORKS
gAAdmin\Coin61\M w6ng\I1-07-96\23-96.dm
ORDINANCE NO. 23 -96
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, REGARDING CHAPTER 78,
UTILITIES, ARTICLE H, SANITARY SEWER SYSTEM,
DIVISION 3, IMPACT FEES; REPEALING SECTION 78-124,
COLLECTION OVER CERTAIN TIME; PROMISSORY NOTE,
AND SECTION 78-126, ISSUANCE OF CERTIFICATE OF
OCCUPANCY UPON FULL PAYMENT; AND AMENDING
SECTION 78-1229 PAYMENT, SECTION 78-125, FULL
PAYMENT REQUIRED PRIOR TO ISSUANCE OF
CERTIFICATE OR LICENSE, AND SECTION 78-128,
CHANGE OF USE; REMOVING ALL REFERENCES
THEREIN TO SECTIONS 78-124 AND 78-126; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 78-124, Collection Over Certain Time; Promissory Note, of
Division 3, Impact Fees, is hereby deleted in its entirety and said Section 78-124 shall be noted as
"reserved" within the Code of Ordinances of the City.
SECTION 2. Section 78-126, Issuance of Certificate of Occupancy, of Division 3,
Impact Fees, is hereby deleted in its entirety and said Section 78-126 shall be noted as "reserved"
within the Code of Ordinances of the City.
SECTION 3. Section 78-122, Payment, of Division 3, Impact Fees, is hereby deleted in
its entirety, and the following is adopted in lieu thereof:
Sec. 78-122. Payment.
The assessment as set forth in this division shall be payable prior to the issuance of
a sewer permit, except as provided in section 78-123. Except as provided in section 78-
City of Cape Canaveral
Ordinance No. 23 -96
Page 2
34, a building permit shall not be issued unless a sewer permit has been first obtained. The
amount of the assessment shall be determined in accordance with the rates established in
section 78-121 in effect at the time a sewer permit is issued by the city. A sewer permit
shall not be issued until a city sewer main line is placed within 150 feet of the applicant's
property. If the assessment should not be collected prior to connection to the city sewer
system and the assessment is not paid by the 30th day following that for which a billing
has been rendered, then an amount equal to five percent of such assessment due shall be
added thereto as a late charge. Upon failure of any user to pay for the assessment within
60 days from being billed, the city shall shut off or cause to be shut off the connection of
such user and shall not furnish him or permit him to receive from the system further
service until all obligations owed by him to the city on account of the services shall have
been paid in full. If such sewer service is shut off pursuant to this section, then before such
service shall be restored, the user thereof shall pay a reinstatement fee in the amount as set
forth in appendix B to this Code in addition to any other assessments and charges due. In
addition, and as an alternative means of collecting such assessment, late charges and
penalties, the city shall have a lien on such lot or parcel of land for which the sewer
connection has been made, for which such lien shall be of equal dignity with the lien of
state and county and municipal taxes. Such lien may be foreclosed by the city in the same
manner provided by the laws of the state for the foreclosure of mortgages upon real
estate.
d:\citycl—I\cityeWordinanc\financ2.doc
City of Cape Canaveral
Ordinance No. 23 -96
Page 3
SECTION 4. Section 78-125, Full Payment Required Prior to Issuance of Certificate
or License, Division 3, Impact Fees, is deleted in its entirety, and the following is adopted in lieu
thereof:
Sec. 78-125. Full payment required prior to issuance of certificate or license.
No certificate of occupancy or city license shall be issued until the impact fee as set
forth in this division has been paid in full.
SECTION 5. Section 78-128, Change of Use, Division 3, Impact Fees is deleted in its
entirety, and the following is adopted in lieu thereof:
Section 78-128. Change of Use.
Any structure or use of structure which is modified such that the sewer impact assessment
is greater than the amount for which the initial impact fee was computed, the owner shall be
assessed additional impact fees in accordance with section 78-121. For any change of use which
increases the original impact fee for which the building was constructed, the owner will be
assessed additional impact fees in accordance with section 78-121. For any change of similar use
which increases the number of unites (per seat, per worker, per square feet of floor space, etc.)
within the establishment, the owner will be assessed impact fees only on the additional number of
units proposed to be constructed, in accordance with section 78-121.
SECTION 6. 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 7. Any ordinance or resolution, or parts of an ordinance or resolution, in
conflict herewith are repealed.
SECTION 8. This Ordinance shall take effect immediately upon its adoption.
dicityci-1\cityc1k\ordinanc\fLnmc2.doc
City of Cape Canaveral
Ordinance No. 23 -96
Page 4
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
1996.
ATTEST: John K.Porter,MAYOR
Sandra Rozar Sims,CITY CLERK NAME FOR AGAINST
APPROVED AS TO FORM: BRUNS
NICHOLAS
Kohn Bennett,CITY ATTORNEY PETSOS
PORTER
RANDELS
First Reading:
Posted:
Published:
Second Reading:
dAcityd—I\cityc1k\ordinnc\finmc2.doc
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading Resolutions
Item 10
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Resolution No. 96-53,Re-appointing Members to the Beautification Board
DEPT./DIVISION: Administration
Requested Action:
That City Council approve Resolution No. 96-53.
Beautification Members whose terms will expire and are willing to serve another term are:
Jacqueline Coates
Bill Gleckner
Robert Murray
Summary Explanation&Background:
The board members have been contacted and are willing to serve another term on the Beautification Board.
Exhibits Attached:
Resolution No. 96-53
City Manager's Office Department City Clerk
d:\cityman\admin\comci\meeting\I 1-07-96\foim.doc
RESOLUTION NO. 96-53
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE
BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No.
11-68 created a Board known as the Beautification Board of the City of Cape Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint regular 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 are hereby reappointed
as regular members of the Beautification Board of the City of Cape Canaveral, Florida, with terms to
expire on November 1, 1998.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of
November, 1996.
John K. Porter,MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK NAME FOR AGAINST
BERGER _
APPROVED AS TO FORM:
NICHOLAS
PETSOS
Kohn Bennett, CITY ATTORNEY
PORTER _
RANDELS
d Ac itycl—1\cityclk\res\boards\reappt\beaut.doe
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading Resolution
Item 11
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Resolution No. 96-54, City Gas Franchise Agreement Extension
DEPT./DIVISION: Administration
Requested Action:
That City council extend the current agreement to January 18, 1997 to complete revisions to a new agreement.
Summary Explanation &Background:
The Assistant City Attorney and I have met with City Gas representatives and Mr. Garganese is in the process of
trying to work out those outstanding issues as outlined in the attached correspondence from City Gas' legal counsel.
I have also enclosed a copy of City Gas' Service Map of the city.
I recommend approval of this extension.
Exhibits Attached:
Resolution No. 96-54 and City Gas Service Ma
City Ma 's Office Department
d:\cityman\admin\council\meeting\11-07-96\citygas.doc
RESOLUTION NO. 96-54
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; RELATING TO NATURAL
GAS SERVICE; EXTENDING THE EXPIRATION DATE OF
THE AGREEMENT GRANTED PURSUANT TO THE
ORDINANCE ADOPTED ON JANUARY 18, 1966, MAKING
FINDINGS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, adopted an ordinance on
January 18, 1966, which provided for the construction, maintenance and operation of lines under,
upon, over and across the public streets of the City of Cape Canaveral; and
WHEREAS, the franchise granted under the Ordinance adopted on January 18, 1966
expired on January 18, 1996; and
WHEREAS, due to the growth and development of Natural Gas Systems, the City of Cape
Canaveral is presently in the process of revising this Ordinance; and
WHEREAS, in order to continue the structure under which the natural gas company
presently operates within the City of Cape Canaveral, it is necessary to extend the franchise granted
by the City Council on January 18, 1966, to January 18, 1997 to allow for the completion of
revisions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. The foregoing findings are incorporated herein by reference and made a
part hereof.
SECTION 2. The City Council of the City of Cape Canaveral does hereby extend the
expiration date until January 18, 1997 for the natural gas franchise granted in the Ordinance
adopted on January 18, 1966, to provide time for revisions to be completed.
City of Cape Canaveral, Florida
Resolution No. 96-54
Page 2
SECTION 3. This Resolution shall become effective immediately upon its adoption in
accordance with the Charter of the City of Cape Canaveral.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of
November , 1996.
John K. Porter, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK NAME FOR AGAINST
BRUNS
APPROVED AS TO FORM:
NICHOLAS
PETSOS
Kohn Bennett, CITY ATTORNEY
PORTER _
RANDELS
E �
S
City of Cape Canaveral
K. 1� CITY OF
. CAPE CANAVERAL
r ,+vy✓
. ,. MEMORANDUM
DATE: OCTOBER 21, 1996
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCI�
FROM: BENNETT C. BOUCHE
CITY MANAGER 70
SUBJECT: DRAFT MANATEE PROTECTION PLAN
The county commission is requesting the city's input on the proposed plan by 12/01/96. This
document is 133 pages plus attachments and is available in my office for review anytime.
I have attached information that relates to our community and the area around the WWTP is
proposed to be designated as "no internal combustion engine operation-trolling motors allowed
zone".All waters of the Banana River within the city are proposed to be"slow speed, all year"
zones.
I will schedule this as a discussion item for the next City Council meeting.
BCB:kmm
Attachment
cc: Michael Gluskin
Major Salvo
Sandi Sims
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX(407) 799-3170
6 BREVAR �aE�ggo
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COASTC
a� z' _
Commissioner District 4,2725 St.Johns St.,Meiboume,FL 32940 (407)633-2044 W y
FAX(407)633-2121
96
October 08, 1996 0RIOP
Mr.John Porter
Mayor, City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Dear Mr. Porter:
On Tuesday, September 17, 1996, the Board of County Commissioners voted to forward the draft Manatee
Protection Plan to the effected municipilities for review and comment. Attached, please find a copy of the
plan as completed by the Manatee Protection Plan Ad-Hoc Committee (MPPAHC). In addition, the
Board's recommended changes to the draft plan are also attached.
The Manatee Protection Plan process was initiated by the Florida Department of Environmental Protection
(FDEP)and Brevard County to address issues related to manatees. In 1989, thirteen key counties identified
as important to manatee survival, including Brevard County, were directed by the Governor and Cabinet of
Florida to development manatee protection plans. In May 1993, Brevard County initiated the local plan's
development, and the Board formed the Ad-Hoc Management Committee, and an Education Committee to
assist in the completion of the draft plan. In April 1996, following numerous meetings of both committees,
including input from various organizations and interest groups, the Ad-Hoc Committee forwarded the draft
Manatee Protection Plan to the Board of County Commissioners their consideration.
In May of 1996, the Board of County Commissioners held a workshop on the draft Manatee Plan, during
which several issues concerning the content of the Plan were discussed by the Board. After taking public
comment and discussing the merits of the plan, the Board voted to make several changes to the draft plan.
A copy of these changes is also included for you review.
Please forward your comments on the existing draft plan and the recommended changes to the Office of
Natural Resources Management, 2725 Judge Fran Jamieson Way, Bldg. A, Melbounre, FL 32940, by
December 01, 1996. In addition, the Board has directed County staff to conduct a series of public
workshops to provide for local input on the proposed plan. You will be informed as to the scheduling and
location of these public workshops as soon as this information is available.
Thank you for your time and consideration on this important matter.
Sincerely,
Brevard Co Board of County Commissioners
Mark CooWChairman
(a:davm 1"2VdkhcvYri(.)
PRINTED ON RECYCLED PAPER
DRAFT
2/96
2. "Motorboat Prohibited"- OUC power plant
A seasonal"Motorboat Prohibited"zone recommended for OUC from November 15 through March 31 and
shall include all waters southerly of an east-west line 95 feet north of the northernmost seawall of the OUC
discharge,westerly of a north-south line 250 feet east of and parallel to the the western shoreline of the
Indian River and northerly of a northeast-southwest line following the southern seawall of the OUC
discharge canal extending 250 feet from the western shoreline of the Indian River(Figure 4). No vessel
under power(including electric trolling motors)may be operated in this designated area. Present
Regulation: "Idle Speed"November 15 through March 31,"Slow Speed"at other times.
3. "No Internal Combustion Engine Operation"Zone-Banana River(S.R.528-S.R.520)
Adjacent to the Cape Canaveral Publicly Owned Treatment Works(POTW), a year-round"No Internal
Combustion Engine Operation"zone is recommended for all waters bounded to the north by S.R. 528, to
the west by a line extending South from (S.R.40 1)(approximately 2500 feet from the east shore of the
Banana River), and to the south by a line extending West(approximately 2500 feet)from the southern
shore of the Treasure Island Canal, and to the east by the eastern shoreline of the Banana River(Figure 6).
Boats with internal combustion engines are permitted to enter the area,but may not operate their engines.
All outboard and inboard-outboard motors must be tilted up so the engine is as far out of the water as
possible to make enforcement of this rule as easy as possible. Electric trolling motors may be operated in
this area. Present Regulation: "Slow Speed"year-round.
RATIONALE:
The waters around the Cape Canaveral POTW have been studied by radio tracking,satellite telemetry,and
aerial surveys for many years. The data indicate this area is heavily used by manatees throughout the year.
Large numbers of cows and calves have been observed resting and feeding in the area. Numerous breeding
herds have also been reported. The discharge from the sewage treatment plant is frequently used by
manatees as a freshwater source. The City of Cape Canaveral has acquired two acres of the shoreline north
of the present treatment plant and is upgrading the present treatment facility to improved treatment and re-
use. The continuance of a small freshwater discharge for manatees is being negotiated between the City of
Cape Canaveral and the Florida Department of Environmental Protection. Currently,there is seagrass
presence within the bounds of the proposed sanctuary. Two watercraft related manatee mortalities have
been recorded in this area(KDL8858, and MEC9421).
4. "Idle Speed"Residential Canals on the East Shore of Merritt Island
It is recommended the residential canals west of the western shoreline of the Banana River on the east
shore of Merritt Island be designated as"Idle Speed"zones for both boating safety and manatee protection.
These canals serve many waterfront homeowners and are also frequently used by manatees. Additionally,
one watercraft related manatee mortality has been recovered in the West Central Canal, and one in an
adjacent canal. Present Regulation: "Slow Speed"year-round.
Q Modification of Existing Regidatioii (Decrease level of Regulation):
1) "35 MPH Watersports"Zone(S.R. 528 to S.R.520)
It is proposed that the existing 35 MPH Watersports Zone be expanded south and east to include
waters in the channel south of the Cocoa Beach Recreation Complex to an eastern most point where
the channel becomes restricted in width(pinch point)(Figure 6a). Present Regulation: "25MPH"
access channel December I -February 28 and"Slow Speed"at other times and year-round outside the
access channel. Present Regulation: "Slow Speed"year-round.
21
DRAFT
2/96
FIGURE 6a. PROPOSED MODIFICATIONS TO EXISTING MANATEE
PROTECTION BOAT SPEED ZONES -
Banana River
s c.�.l
SR 528
• MREVARD COUNTY
lp ml ANATEE PROTECTION ZONES:
BANANA RIVER AREA
e �
NO INTERNAL COMBUSTION ENGINE OPERATION
' TROLLING MOTORS ALLOWED
SR 520
RANA-MC covE �-
IDLE SPCED
Z (62N-22.021. FAC) 7 T
O L �
C
, 7- C 1
t ! o C COCOA mors
a I •I'1 BEACH
a
a [EXPAND 35 I•IPII «'ATERSPORTS AREA
e '
LEGEND
v
gAl.'AIVA "MANATEE PROTECTION ZONES
R/V"R SLOW SPEED. ALL YEAR
r--
-`1 ® SLOW SPEED. ALL YEAR
MAIN CHANNEL EXEMPT
25 MPH IN MAIN MARKED CHANNEL
SLOW SPEED. OUTSIDE CHANNEL
a Ei25 IDPH h7TH 25 FOOT SLOW SPEED
SHORELINE BUFFER. ALL 1-EAR
E✓
E a" 25 MPH IN MARKED CHANNEL
�{ ALL 1_AP.
PINEDAtt , ` 35 MPH. ALL YEAR
(SA 40.)
A L
25 MPH ACCESS CHANNELS
ALL YEAR
25 MPH ACCESS CHANNELS
�l II DECEMEER I - FEBRUARY 28
r I
\ I Z L (LOC"'IONS of ACCLS CNANNCLS ARC APPRGXWAT)
� I I
inJieA' i1I1 ® NO INTERNAL COMBUSTION
ENGINE OPERATION, ALL YEAR-
1% �, 1 TROLLING MOTORSALLOWED
SEPTCv BCA 16L. \ ,��
1\ �
22
DRAFT
2/96
K. LA W ENFORCEMENT RECOMMENDATIONS
The Florida Marine Patrol is responsible for the majority of manatee regulation enforcement that occurs in Brevard
County. The extensive area of waterways to be patrolled combined with a large boating public and a limited
number of law enforcement officers dedicated to on-water patrols greatly restricts the amount of time that can be
dedicated to boating safety and environmental enforcement. On average there are 2 or 3 Florida Marine Patrol
officers operating on Brevard County's 281 square miles of waterways. There are no officers patrolling overnight.
It is recommended the Brevard County raise the boating registration fees the minimum amount allowed by Florida
State Statute 327.22 for the purpose of providing greater law enforcement for boating safety, manatee protection
and boater education by specifically implementing the following(See Appendix 7):
1. Tile hiring of additional Florida Marine Patrol Officers (FMP) and dispatchers through a grant/interagency
agreement process:
• Year#1 -Three(3)additional officers plus one dispatcher.
• Year#2 -One additional officer and one additional dispatcher.
• Year#3 - One additional officer and one additional dispatcher.
(5 additional officers and 3 dispatchers Win 3 years which allows for 24 hour coverage).
2. All funds collected shall be put into an enterprise fund and utilized for law enforcement and dispatcher
salaries and benefits.
3. Any excess funds after year 4 should be utilized for waterway maintenance and improvement,boating
improvements,and as matching funds for grant proposals.
4. An Advisory Committee comprised of registered boaters(one appointed by each commissioner) should be
created to make recommendations on prioritizing the expenditure of excess funds.
5. The salaries shall be administered through an interagency agreement between Brevard County and Florida
Marine Patrol(FMP). The interagency agreement should include at a minimum the following stipulations:
• The FMP officers funded are to be dedicated to Brevard County waters,
• The FMP will assume all cost associated with officer training, equipment acquisition, and
equipment maintenance.
• Submission of a quarterly report.
• A severance clause in the event that the FMP or the State Legislature reduces the number of
officers allocated to Brevard County waters.
6. An education plan should be developed to inform the boating public and elected officials of the purpose of
the boat registration fee increase.
L. PROBLEM HUMAN INTERA CTION AREAS:
The number of human interaction areas around the state and in Brevard County is increasing. There are presently
five known problem interaction sites in Brevard County. They are located at Haulover Canal, Cape Canaveral
Sewer Plant,Berkley Canal in Cape Canaveral,Turkey Creek,and Crane Creek. The most common problem
human interactions are feeding,watering and entering the water to swim with the manatees. All known human
interaction areas should be posted with manatee educational signs that explain the reasons why these activities are
harmful to manatees. Local police and sheriff deputies that patrol these areas should be contacted and informed of
the locations of these sites and the legal limitations placed upon public interaction with manatees. For some of the
most problematic sites,physical barriers(including vegetative barriers)may be required to restrict human access.
31
DRAFT
2/96
FIGURE 13b. MANATEE ABUNDANCE - AERIAL SURVEY DATA
2s
}. V
• � 1�5'L.. �q I t f _�
a— i a
( i- 9P 628M MR"
L
Scak=1.24AODD • I ',
�J is
I
• •. --. : 1 L rf L L E :.
aTr -i
!, s
._
p�,�E
• �sgifl arla FYYOr
59 Lzrhg 37}'14-F -
Atlantlo.0oean �.�- �f
q
r F {
•�dfi T i: �.. t
zo
uT
gni
es
QTY �
.•xi 3 E� �ZP ���_�`�����4 f5�3
a W.111111111a
1 dt a L�
»
Aerial SnNey Data
Number of Overflights
Florida Marne ltaseamh lns"ft
� M,rne Msmmal Section-for information
LJ ASBREv-27 call,hlof+hooe 813-896-8626
r • Provaneha,IA..MJ.Pmvancba,and R.A.Reddiel4
❑ AS IR-30 asc Hiomediea(Reaeavch and life support Office.
0 ASBAN-29 gsc.Fl32s99
,:.+ Bmvad Coonty.Natural Resomees Maoasement
Division -for information"X
Brevard County -
i❑ ASH-63 WcPhnne +m-633-2016
Of6ce of Natural Resources Management ❑ ASNASA-73
I�r�' ❑ A SNRMD-2 Map.vale does not allow the display
October 1994 p milesS of canals less than 100 feet wide
63
550
500
450
400
Q
Q 350
LLI
300
Z 250
J 200
0 150
100
50
0
FIGURE 14. TOTAL MANATEE MORTALITY AMONG THE DRAFT
13 "KEY" COUNTIES 2/96
June 1974 - December 1995
Cq
L CQvf i+ '= L V �'' •V 67
L a U A O V
Q� , go C/I
a: c
COUNTY
68
CITY OF
CAPE CANAVERAL
V ! "
Pr City of Cape Canaveral
MEMORANDUM
DATE: OCTOBER 30, 1996
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCIL
FROM: BENNETT C. BOUCHE
CITY MANAGER
SUBJECT: SCHOOL RESOURCE OFFICER
I spoke with Captain Michael Muldoon of the City of Cocoa Beach Police Department as to the
status of this program. He stated that candidates for this position are being interviewed, but he
would be unable to provide an accurate cost proposal until the individual had been selected which
should be some time next week.
The Cocoa Beach City Commission is scheduled to review said proposal at their 11/07/96 meeting
and Captain Muldoon has a target date of late November for commencement of this program.
If you have any questions, you may call Captain Muldoon at 868-3284 or myself any time.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 0 FAX (407) 799-3170
Meeting Type: Regular
Meeting Date: 11-07-96
AGENDA
Heading
Discussion
Item
14
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: BREVARD COUNTY'S PROPOSED BICYCLE HELMET ORDINANCE
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council review and submit comments to the Board of County Commissioners.
Summary Explanation & Background:
This proposed bicycle helmet law requires children (12) years of age and under to wear bicycle helmets. If
enacted by the county, this would be an exemption to the current state law that requires a person under the age
of (16) to wear a bicycle helmet.
Please advise.
Exhibits Attached:
Proposed Ordinance.
City Manager's Office
Department ADMINISTRATION
c: Wdmin\camci1\Meeting\1 1-07-96\he>wt.dm
BR EVAR
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
OFFICE OF THE COUNTY ATTORNEY, 2725 Judge Fran Jamieson Way, Vier&, Florida 32840 (407) 833-2090
FAX (407) 833.2098
October 22, 1996
Bennett Boucher, City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, FL 32920-0326
Re: Bicycle Helmet Law
Dear Mr. Boucher:
Attached is a copy of a proposed ordinance that would exempt Brevard County children over the
age of thirteen from the bicycle helmet law and requiring children twelve years of age and under
to be required to wear bicycle helmets.
On November 12, 1996, this matter will go before the Board to request authorization to advertise
the proposed Bicycle Helmet Ordinance for public Hearing on November 26, 1996.
If you have any questions, please do not hesitate to call me at 633-2090.
SincUely,
Christine Lepore
Assistant County Attorney
/j MI.
Attachment
C'\OFFICEIWP W WIWPDOCSIORDINANCMUMHF* M.LTA
ORDINANCE NO. 96 -
AN ORDINANCE OF BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 106, ARTICLE I, CODE OF
ORDINANCES OF BREVARD COUNTY, FLORIDA,
EXEMPTING BREVARD COUNTY FROM THE PROVISIONS
OF SECTIONS 316.2065(3)(d) AND 316.2065(16), FLORIDA
STATUTES TO THE EXTENT THAT THOSE SECTIONS APPLY
TO CHILDREN OLDER THAN 13 YEARS OF AGE; PROVIDING
FOR A PUBLIC HEARING; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature recently passed and the Governor approved Chapter 96-185,
Laws of Florida, which provided certain revisions to Chapter 316, Florida Statutes, and
WHEREAS, Chapter 96-185, Laws of Florida, in part would require any bicycle rider or
passenger under the age of 16 to wear a bicycle helmet at all times while riding a bicycle, and
WHEREAS, Chapter 96-185, Laws of Florida, would also prohibit any person to knowingly
rent or lease any bicycle to a person under the age of 16 unless said person possesses a bicycle helmet
or the Lessor provides a bicycle helmet for the child to wear, and
WHEREAS, Chapter 96-185, Laws of Florida, In Section 3 thereof permits a County to
exempt itself from the above -referenced provisions and where the Board of County Commissioner
of Brevard County, Florida has provided public notice, held a public hearing, and taken testimony
regarding the passage of this Ordinance;
WHEREAS, while it is a prudent safety measure to wear a bicycle helmet, children over 13
years of age are less likely to be involved in a bicycle accident.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Brevard County, Florida as follows:
SECTION 1. Sec. 106-4. Bicycle helmets -- partial exemption. Is hereby created to read as
follows:
Sec. 106-4. Bicycle helmets -- partial exemption.
The Board of County Commissioners, pursuant to authority contained within Section 3,
Chapter 96-185, Laws of Florida, does hereby exempt Brevard County from the requirements
contained in Section 316.2065(3)(4) and Section 316.2065(16), Florida Statutes, to the extent that
said sections require children over the age of 13 years to wear bicycle helmets. Only children 12
years of age and under shall be required to wear bicycle helmets.
SECTION 2. Public hearing.
That this Ordinance was passed subsequent to a duly noticed public hearing held
during which the Board of County Commissioners entertained public comment,
evidence and testimony.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
illegal, invalid, or unconstitutional by the decision of any court or regulatory body of competent
jurisdiction, such decision shall not affect the validity of the remaining portion hereof. The Board of
County Commissioners hereby declare that it would have passed this Ordinance and each section,
subsection, sentence, clause, and phrase hereof, irrespective of the fact that any or more sections,
subsections, sentences, clauses, or phrases be declared illegal, invalid, or unconstitutional and all
ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
SECTION 4. Effective date.
This Ordinance shall become effective upon adoption and filing as provided by law. A
certified copy of the ordinance shall be filed with the Office of the Secretary of State, State of Florida,
K
within ten days of enactment.
DONE AND ORDERED in regular meeting of the Board of County Commissioners,
Brevard County, Florida, this day of 11996.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
BY:
Sandy Crawford, Clerk Mark Cook, Chairman
As Approved by the Board on
APPROVED AS TO FORM
AND CORRECTNESS:
Christine Lepore
Assistant County Attorney
C: \OFFICE\"TVnNIWPDOCS\ORDINANC\BIKEHELM
3
Meeting Type: Regular
Meeting Date: 11/07/96
AGENDA
Heading
Discussion
Item
15
No.
City Man 's Office
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CITY MANAGER'S EVALUATION
DEPT./DIVISION: ADMIMSTRATION
Requested Action:
City Council evaluate City Manager per employment contract
Summary Explanation & Background:
As of this date, two of the five evaluations have been submitted.
I look forward to your comments.
Exhibits Attached:
City Man 's Office
Department
d:\cityman\admin\council\meeting\11-07-96\cmeval.doc
City of Cape Canaveral
MEMORANDUM
)96
A.,J..,x%rku,.l; AYOR AND
MEMBERS OF CITY COUNCIL
DEPARTMENT HEADS
CITY EMPLOYEES
FROM: BENNETT C. BOUCHE / % ;'�
CITY MANAGER K(/-
SUBJECT: CITY MANAGER'S REPORT - 9/27/96 - 10/31/96
Legislative Issues
City Gas Franchise Agreement - received comments from their legal counsel; need to have a
workshop session with City Council for input.
On 10/30/96, the Local Planning Agency approved the Comprehensive Plan Evaluation Report be
sent to City Council and the Department of Community Affairs for review. City Council has until
2/3/97 to adopt this EAR Report and submit it to DCA. Thanks to all the members of the LPA
and staff for their efforts in preparing this report during the last two years.
On 10/15/96, City Council approved an interlocal agreement with Brevard County supporting the
collection of the jail sales tax.
City Council approved a change order in the amount of $50,700, to Wharton -Smith, Inc. to pave
the north -south section of Tower Blvd.
Staff is preparing a draft telecommunications ordinance that will regulate the siting of cell phone
towers.
City Council is considering legislation that would repeal the payment of sewer impact fees over
time..
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX 1407) 799-3170
norable Mayor, et al
tuber 31, 1996
le Two
Public Works Issues
The WWTP project is almost complete; working on final punch list items and paving.
Reuse Project Phase I - RKT is on schedule and sidewalks are being poured -- things are shaping
up along SR AIA.
The Columbia Drive traffic control island was approved by FDOT; we are waiting for a quote
from RKT.
Recreation Issues
Special thanks to the Recreation Department for another successful Halloween event at the
Xeriscape Park.
The ball field lighting project should start later this month.
Staff is waiting for the execution of the lease agreement for the Longpoint Park property.
Other Issues
Burton & Associates is still finalizing the sewer rate study; should have a draft available to
Council within a week for review.
I have available in my office for review, reports on the Port's groundwater contamination issue.
If there is any additional information or concerns that you might have, please feel free to contact
me anytime. My door is always open.
BCB:kmm
rte« -a7 -.a«
713-3 7 — 7 996 S - 32F*4 FROH AMAR I , THER I AC. E I SEN 407 639 6690
LAW OFFICBS
AAIAM9 T IERIAC & EISEhTMENGER, P.A.
Attorneys and Cemmelors At Law
Richard S. Amari
Kohn Bennett
Robert R. Berry
Bradly Roger Bettis, sr.
Gregory W. Eisenmenger
Carla Neeby Freitag
Antl.aay A. Giarganese
Mitchell S. Goldman
Geurp B. Harding
J. Wedey Howte, Jr.
Mark S. Peters
David M. Presukk
Jamm S. Theliac, III
Beimett C. Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida. 32920
Re: Gas Franchise
Dear Bennett:
P. 2
Reply To: Cocoa Marfa Sgsare
Suite 302
96 Willard Street
Cocoa, Florida 329224M
Telepbom On 6341320
. Fax (407) 639.5690
October 31, 1996
Imperial Pkw=
S61te B104
6'740 N. Wkkbam Road
Mslbo rtie, Florida 3z%o
Ttkpiw w (407) 259.6611
Fax (4&n 2994624
As you requested, I am providing YOU With this m morandum for purposes of addressing
Attorney Lloyd's written z0mulents, submitted to me by letter dated October 24, 1996, regarding
the proposed gas franchise between the City and City Gas Company of Florida.
My comments are as follows:
I . Paragraph 3.2(c). City Gras recommends removing the phrase
"as determined by the parties and any regulatory agency". I see no
problem a4xepting this recommendation since improvements and
upgrades to the system will be controlled by market forces and the
City Gas Tariff (See Tariff sheet no. 12 attached hereto as Exhibit
2. City Gas desires to service customers aik= the termination of the
franchise. I am unaware of, and City Gas has not brought to my
attention, any state or federal law requiring the City to permit City
Gas to sup:aly gas to customers within the City of Cape Canaveral
(especially using City right-of-way) witho� a franchise. 'f'herefore,
my recommendation is that absent a franchise agreement, City Gas
should not be allowed to service customers within the City. As it
10/31/96 17:32 TX/RX NO.7152 P.002 0
10 -S? -199S 5 : S --IPM FROM AMAR I , THER I AC. E I SEN 407 639 6690 P_ 3
Bennett C. Boucher, City Manager
City of Cape Canaveral
October 31, 1996
Page 2
was so asauely pronounced by the court in City of Indian Harbour
Beach v. City of Melbourne, 265 So. 2d 422 (Fla. 40 DCA 1972):
Thi; parties failing to reach an accord and franchise,
we feel the only solution is for them to obtain a
divorcement each from the other. Under the
circumstances, .we know of no statutory or other
requirement that would require Melbourne, in the
absence of a franchise or contract, to finish water
to :;orae other City which is unwilling to accept its
raft, proposals and structure. Likewise, we know of
no law that would make Indian Harbour Beach
permit the intrusion and waimenance of another
municipality's utility lines and services contrary to
its municipal will when its rates and services were
not acceptable to Indian Harbour Reach.
I appreciate City Ctrs' concerns for supplying gas to existing
customers after the termination of the franchise, but I am confident
if that event occurs, the City in the luter'est of public health, safety,
and welfau-e will not interrupt gas service by either renewing the
franchise with City Gas, fording another franchisee to service the
customers, or providing the service pursuant to its proprietary
powers.
3. Paragssph 7.5. This paragraph has been a point of contention
between the parties. City Gas' latest recommendation is to only
remove or abandon the system upon its sole decision to discontinue
servicing customers (even without a franchise). As explained
above, th.s condition is unacceptable. I recommend that the
paragraph remain "as is" or in the alternative, the paragraph should
be removed in its entirety and this issue will'be resolved pursuant
to Florida law upon termination of the franchise.
4. Paragraph 112.1. It is my recommendation that the
indemnification and hold harmless provision remain unchanged
despite C:1y Gas' proposed recommendation. As written, the
indemnification relates to the cat= Natural Gas Transmission
System, while City Gas' recommendation attempts to limit the
indemnification to only portions of the System. Further, as written,
10/31/96 17:32 TX/RX N0.7152 P.003 0
10-21-1996 S = 33PM FROM AMAR I . THER I AC, E I SEN 407 639 6690 P_ S
Exhibit n10
City Gas Company of Florida
FPSC Natural Gas Tarifa' First Revised 'Sheet'No. 12
Volume No. 4 Replaces Original Sheet No 12
RULES AND REGULATIONS
10. Extensions Facilities
A. Free Ext si ns of Mains and Services: The maximum capital investment
to be made by the Company for main and service facilities without cost
to the customer shall be defined as the maximum allowable construction
cost (MACC). The MACC shall equal six times the annual gas revenues
estimated to be derived from the facilities. excluding the cost of
gas. In estimating annual revenues, seasonal facilities such as
swimming poo' heaters and spa heaters shall not be included.
S. Extensions of Mains and Services Above Free Limit: When the cost of
the extension required to provide service is greater than the free
limit specified above. the Company may require a non-interest bearing
advance in aid of construction (ATC) equal to the cost in excess of
such free limit provided that:
1. At the E-nd of the first year following construction, the Company
shall refund to the person paying the ATC or his assigns an
amount equal to the excess, if any, of the MACC as recalculated
using actual gas revenues, less the actual cost of gas. over the
estimated MACC used to determine the amount of the ATC.
2. For each additional customer taking service at any point on the
extension within a period of five (5) years from date of
construction, the Company shall refund to the person paying the
ATC or his assigns an amount by which the MACC for the new
customer exceeds the cost of connecting the customer, provided
that an additional main extension stall have not been necessary
to serve the additional customer.
3. The aggregate refund to any customer made through the provisions
of (a) and (b) above shall at no time exceed the original ATC of
such cu ;tomer _
4. The extension shall at all times be the property of the Company
and any unrefunded portion of the ATC at the end of five (5)
years shall be credited to the plant account of the Company.
C. Area Extension Pr r h r e: Notwithstanding the provisions of
Section 10.A and 1 . B. when facilities are to be extended to serve
multiple delivery points in a discrete geographic area. the Company
may require an Area Extension Program Charge (AEP). The Company. in
its sole diszretion, may require this charge when:
1. The cost of the project facilities required to provide service
through the area is greater than the aggregate MACC for the
Customers to be served; and
Issued y: anW. SFnithEffective: April
Vice President of Finance
10/31/96 17:32 TX/RX N0.7152 P.005 .
?0-31-1996 S = 33PA4 FROM AMAR I . THER I AC. E I SEN 407 639 6690
_Bennett C. Boucher, Citi' Manager
City of Cape Canaveral
October 31, 1996
Page 3
the indemrdfication reserves the City's right to defend itself with its
own counsel in the event an indemnified event occurs.
Furthermore, I recommend that the City accept City Gas' excellent
recommendation to acid a new Paragraph 12.3 in which City Gas
agrees to deliver to the City a $15,000.00 performance bond
guaranteeing its performance under this franchise.
5. Paragraph 17.11. My recommendation is that the language
pertaining to advertising costs should remain. "as is" because this
cost is diroxc ly related to City Gas'. request to receive a franchise
and City Gas should absorb some of the administrative costs
incurred try the City to provide it with a franchise. As for listing
additional services to be provided by City Gas during the franchise,
I see no legal issue with removing or leaving it in the franchise;
enumerathig additional services in the franchise agreement is a
policy dec.isxon that the City Council should decide with your
advice.
6_ City Gas is requesting a minimum franchise term of thirty (30)
years. Flcrida law limits the term of a municipal franchise to thirty
(30) years ; therefore, I recommend that the term'not exceed thirty
years. However, the actual term is a policy decision to be made by
the City Council with your advice.
If you have any questions, please do not hesitate to contact me.
AAG:aa
cc: Kohn Bennett, City Attorney
n!kCW.CM%00rrrap
Sincerely,
AMARI, THERIAC & EISENMENGER, P.A.
Anthon e
Assistant City Attorney
P_ 4
10/31/96 17:32 TX/RX N0.7152 P.004 N