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HomeMy WebLinkAboutPacket 01-21-2003 }g4pC>E,..q�� y�7 s9 r City of Cape Canaveral CITY OF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 21, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 7, 2003. CONSIDERATIONS: 2. Motion to Approve: Request for Proposal for City Attorney— Professional Legal Services. ORDINANCES: Second Public Hearing: 3. Motion to Adopt: Ordinance No. 01-2003; Amending the City Code through the Adoption of a New Section 54-3 Entitled Fires Restricted. DISCUSSION: 4. Stormwater Utility. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2003 Page 2 1. City Manager 2. Staff 3. City Council Pursuant to Section 286.0105, Rbfida Statutes,the City hereby advises the public that'. |faperson decides tu appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need mrecord ofthe proceedings, and for such purpose that person may need bnensure that mverbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is tuheboaed. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City ClerWs office(868-1221)48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 7, 2003 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Todd Morley, Acting Building Official Chief Dave Sargeant, CCVFD CONSENT AGENDA: Mayor Randels asked if any Council member, staff member or interested party desired to remove the item from the consent agenda for discussion. No request was made to remove the item. 1. City Council Regular Meeting Minutes of December 17, 2002. A motion was made by Mr. Hoog and seconded Mayor Pro Tem Petsos to approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 2 CONSIDERATIONS: 2. Motion to Adopt: Resolution No. 2002-50; Appointing an Alternate Member to the Code Enforcement Board. (L. Holfve) Mayor Randels asked if any Council member had questions on the information provided by the City Attorney. Mr. Morgan commented that there should be consistency in applying a requirement to all City boards. Mayor Pro Tem Petsos pointed out that the City Attorney's recommendation is for all City board members to be registered voters. Mr. Treverton stated his agreement with Mr. Morgan in that consistency is necessary in the requirement for all boards. He pointed out that on some boards residency is the requirement and on other boards the requirement is voter registration. Mr. Treverton commended Attorney Garganese on his research and summarized that the right to govern is the only right denied to aliens. He noted Mr. Holfve's stellar qualifications and said that he was in favor of removing the voter registration requirement for all the boards. He ended by saying that he was also in favor of Mr. Holfve's application. Mr. Morgan stated that he did not choose to tum the applicant away however he asked to hear the viewpoint of other Council members. Mr. Hoog expressed his thought that all people in government should be registered voters. Mayor Randels explained the background of the matter to the audience in that different boards have different requirements relating to voter registration and residency. Mr. Holfve is not a U.S. citizen and he applied to participate on a City board. Mr. Hoog inquired if there were any liability to a citizen heard before the Board on which a non-citizen serves. Attorney Garganese stated that his recommendation is for consistently applied requirements. He related that the Courts have upheld the government's right to leave the government to the citizens and you could not exclude permanent resident aliens from certain public positions of trust. The decision would be a policy decision on Council's part. Mr. Hoog clarified that permanent residency did not make the person a citizen. Mayor Pro Tem Petos asked if there were any liability in appointing a non-citizen to a City board. Attorney Garganese replied that there was no legal liability. Mr. Treverton pointed out the benefits versus the ramifications. He stated that the hazards seem minute compared to the overall benefits and the Council has the right to remove any member that is disruptive to a board. Mr. Morgan reiterated that the requirement needs clarification prior to future actions. Mayor Pro Tem Petsos reminded that the Council also has the right to interview board members prior to appointment. Mayor Randels stated that at this point the applicant meets the qualifications and should be appointed. Mr. Gene Petre asked what is the legislative process to make the changes to the requirement. Attorney Garganese responded that the City Council would request an ordinance with two public hearings. Attorney Garganese read what is required to serve on each of the nine City boards. He stated that registered voter and residency are two different issues in that one could be a resident and a non-citizen. He said that in order to be a registered voter you must be a citizen of the United States pursuant to the Florida constitution. He related that Florida Law requires citizenship of police officers and the U.S. Supreme Court upheld citizenship for public school teachers in some jurisdictions. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 3 Attorney Garganese said that it is within the discretionary power of the Council to impose requirements on its local boards. Ms. Debbie Allen, of the Villages of Seaport, asked which two boards require voter registration? Attorney Garganese replied the Beautification Board and the Planning and Zoning Board. Mr. Leo Nicholas stated that the residency requirement appeared to weigh more heavily than voter registration on the current board requirements and he expressed his trepidation in appointing a non-citizen to a board. He noted the requirement for police officers and questioned is not a quasi-judicial board a form of law enforcement? Mr. Gene Petre stated that in this point in time in our country the citizenship, residency and voter registry should be considered to serve on the City boards. Mayor Pro Tem Petsos pointed out a caveat in the Attorney General's opinion in that there is only a residency requirement and not a citizenship requirement on Code Enforcement Board members. Mayor Randels clarified that Chapter 162 does not authorize a City Council to alter, which means to add, to modify or deviate, from the terms of that chapter and that chapter only imposes a residency requirement not a citizenship requirement on Code Enforcement Board members. Mr. Boucher stated that the applicant would serve in an alternate capacity and prior to the applicant moving into regular membership he would come before the Council for approval by which time requirements would be in place. Mayor Randels read Resolution No. 2002-50 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mr. Morgan to approve Resolution No. 2002-50 to appoint an Alternate Member to the Code Enforcement Board, inserting the name Lars Holfve. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Attorney Garganese inquired if Council desired a draft ordinance amending the residency or voter registration requirement. Council directed the City Attorney to draft a standard ordinance in order to designate language during discussion. 3. Motion to Approve: T-Shirt Sponsorship for the leh Annual Trash Bash. Mayor Randels explained that the City received a letter from Keep Brevard Beautiful asking if the City would contribute $300 toward a sponsorship for the Trash Bash clean up on April 19th. The $300 would be used to purchase T-shirts and the City would be listed as a sponsor. The City would also receive one dozen T-shirts for City volunteers. Mr. Morgan expressed that this is money well spent. Mayor Pro Tem Petsos expressed his concern with subsequent involvement with commercial organizations that might request sponsorship. However, he stated that this action falls in line with the City's previous participation in the event. Mayor Randels related how the City has benefited from Keep Brevard Beautiful efforts through 1,394 hours on the Adopt-A-Shore Program that is $10,594 at minimum wage; 233 volunteer hours on the Adopt-A-Road Program. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 4 Mayor Randels also related that Keep Brevard Beautiful administers the Brevard Correctional Institution [BCI] Program and the City has received 9,912 hours worth of service from the BCI that is $81,575 at minimum wage. The total benefit in return to the City is $94,290 from this volunteer organization. A motion was made by Mr. Morgan and seconded b� Mayor Pro Tem Petsos to expend $300 in a sponsorship for T-shirts at the 18t Annual Keep Brevard Beautiful Trash Bash. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Voting Delegate and Alternate Delegate to the Space Coast League of Cities. Mayor Randels nominated Mayor Pro Tem Buzz Petsos to serve as the Voting Delegate/Director and asked if any other Council member desired to serve on this committee. Bob Hoog expressed that he would like to serve as the Voting Delegate/Director. Mayor Randels amended his nomination to name Bob Hoog as the Voting De I egate/Di rector and Buzz Petsos as the Alternate Voting Delegate to the Space Coast League of Cities. A motion was made by Mayor Randels and seconded by Mr. Treverton to approve Bob Hoog as the Voting Delegate and Buzz Petsos as the Alternate Delegate to the Space Coast League of Cities. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mayor Randels directed the City Clerk to forward the voting form to Ms. Nancy Glass, Secretary of the League. ORDINANCES: First Public Hearing: 5. Motion to Adopt: Ordinance No. 01-2003; Amending the City Code through the Adoption of a New Section 54-3 Entitled Fires Restricted, for second reading. Mayor Randels read Ordinance No. 01-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 54-3; ENTITLED FIRES RESTRICTED; PROVIDING FOR THE RESTRICTION OF FIRES ON OR OVER THE BEACHES, PUBLIC PARKS AND PUBLIC RECREATIONAL LANDS IN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels provided background on the reason for this amendment in that groups have requested to construct bonfires on the beach and the Council Considers this a public safety hazard. Mayor Pro Tem Petsos questioned Section 54-3; Open Fires Restricted where the Attorney referenced container or device manufactured for cooking purposes and City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 5 asked if a UL listing is necessary. Attorney Garganese replied that he would confer with the Fire Chief for technical expertise on what to consider prior to the ordinance's second reading. Mayor Randels restated the consensus of the Council to prohibit bonfires due to public safety. A motion was made by Mr. Morgan and seconded by Mr. Hoog to adopt Ordinance No. 01-2003 for second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 6. Motion to Adopt: Resolution No. 2003-01; Approval of Final Re-Plat for Marbella Townhomes. Mayor Randels read Resolution No. 2003-01 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE-PLAT OF"MARBELLA TOWNHOMES';AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. There was no further discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Final Re-Plat for Marbella Townhomes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 7. Stormwater Utility. Mr. Boucher introduced Mr. Jeff Earhart for a presentation to show the Council the components to implement the stormwater utility. Mr. Earhart noted that this presentation would be more specific than past presentations. He opened with the program mission that included an overview of staff, permitting requirements, maintenance activities and cost- sharing funds for grants. Mr. Earhart previewed preliminary budget requirements, the draft ordinance and the resolution that establishes the ERU. He defined the ERU as the Equivalent Residential Unit that is based on 2,074 square of impervious area. Mr. Morgan inquired about the noted difference between mobile homes and trailer parks. Mr. Earhart stated that mobile homes were based on stand-alone structures. The impervious area was calculated using the property's appraiser's information. Mayor Pro Tem Petsos inquired about billing to multi-family units. Mr. Earhart replied that billing is sent to a single address. Mr. Earhart reviewed the billing rate classes that are based on a proportionate rate of dividing the ERU square footage into the total City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 7 seemed able to handle questions from residents. Mr. Boucher stated that this is the first time the City would implement a utility. He confirmed that prior to the next Council meeting on January 21"', he would review and refine the budget with staff and discussion would continue at the next Council meeting. He said that a mail out would proceed in the interim and a Town Meeting is tentatively scheduled for the end of January. Mr. Treverton pointed out that Mr. Pekar, City Engineer, had many visual aids of the silting taking place at the outfalls and these visuals might be helpful during the Town Meeting. Mayor Randels summarized that this action evolved from a stormwater mandate imposed at the State level. Mr. Earhart replied that this was also driven by the City's need to obtain the National Pollutant Discharge Elimination System [NPDES] permitting and to comply with maximum daily loads. Mr. Boucher reported that the Florida Department of Environmental Protection (DEP) plans to designate the Indian River Lagoon a Class II body of water that means more stringent requirements. Mr. Boucher stated that rates would need definition prior to the Town Meeting. Mr. Morgan asked if the fees could be begin with a lower base and accelerated as the program continues such as an amortized basis. He reasoned that this might be easier on the residents. Mr. Boucher replied that imposing the fee depends on how aggressive the Council chose to implement the utility. Mr. Boucher mentioned the baffle box installation through grant funding and said further that certain items were requirements through DEP permits. Mr. Treverton inquired if a baffle box would be constructed after the Solana--by- the-River condominium construction. Mr. Boucher affirmed. Mr. Treverton asked if dredging were possible where the outfalls were silted. Mr. Gardulski replied that anything less than 25-yards required a permit for dredging. Ms. Allen asked when the flyers would be distributed. Mr. Boucher replied early in the upcoming week. Mayor Randels commented that there was only one notice for a large condominium. Mr. Earhart responded that the recipient of the water bill would receive the flyer. Mr. Boucher also replied that staff could do a supplemental mailing or distribute additional flyers to the condominium association. Mayor Randeis called on Chief Dave Sargeant to answer any questions on the previously discussed ordinance. Chief Sargeant addressed Ordinance No. 01-2003, under Chapter 54-3 regarding the language "any sources contained wholly within a container or device manufactured for such purpose," needs more definitive language for enforcement. He requested that the City Attorney amend the language to read "as designated by the Fire Official." Chief Sargeant also pointed out as another thought that the Fourth of July occurs during turtle nesting season that occurs from May 1 st through October 31 st and the Council might want to consider this to implement a ban on fireworks. He stated that the existing ordinance requires no visible lighting from the beach after 9 P.M. during turtle nesting season. Mayor Randels asked for the consensus of the Council. Council members agreed by majority that the City Attomey provide additional research on the verbiage for disallowing fireworks on the beach. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 8 REPORTS: 1. City Manager • Mr. Boucher introduced Todd Morley as Acting Building Official. He stated that Mr. Morley is a qualified Building Code Administrator. • Mr. Boucher reported on the City Attorney Request for Proposal and asked if the Council chose to interview with them at the next meeting or contact them individually. Mayor Randels replied that if there were any questions the Council could contact them individually. • Mr. Boucher reported that, as a result of the City Clerk's research with the Secretary of State's office, the City's anniversary is May 16, 1963, Mr. Boucher solicited input for ideas to celebrate throughout this year. • Mr. Boucher reported that he received feedback from United Space Alliance on the model shuttle. Ms. Shannon Roberts would assist with implementing the project. • Mr. Boucher spoke to the Cocoa Beach City Manager on the reuse resolution. Mayor Pro Tem Petsos asked if the proposed mediation would continue and requested a letter to that effect. • Mr. Boucher thanked the City Clerk for assisting in his absence. 2. Staff Public Works • No report. Building Official • No report. City Treasurer • No report. City Clerk • Ms. Stills encouraged the Council to take note of the City meeting calendars distributed by the Clerk's office. She commended Virginia Haas for her work. • Ms. Stills also encouraged the Council to read the City newsletter that the Clerk's office plans to publish every quarter and also commended Virginia Haas for her diligent work on this effort. City Attorney • No report. ,A„JDI NCE: • Mr. Nicholas asked what precipitated that Proposal for City Attorney. Mr. Boucher responded that this was a directive from the Council in that the City had City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 9 not gone out to bid in some time. Mr. Nicholas asked if any other professional services would be contemplated for the proposal process. Mr. Gene Petre expressed that both attorney's who submitted proposals should be asked the same questions at the same time. He stated that an open process would be fair to both parties. 3. City Council Mr. Morgan + Mr. Morgan inquired about the stormwater prototype. Mr. Boucher replied that staff is concentrating on the International Drive baffle box and the prototype concept would follow. • Mr. Morgan also inquired about the City's 2.47 interest on its investments. He expressed that this still seemed low and informed Ms. Bowers that he has contacts that could assist on this matter. + Mr. Morgan addressed the window permitting issue. He asked about the status of the window issue based on discussion with a contracting colleague. Mr. Boucher replied that the Acting Building Official would make a decision based on his research. Mr. Hoog + Mr. Hoag inquired about revenue& costs of the recycling program. Mayor Randels replied that Waste Management supplies a report based on current sale. Mr. Boucher said that the price of the recyclable material fluctuates based on pricing and also stated that the City Treasurer would provide a report. Mr. Hoog stated that he would consider abolishing the charge. + Mr. Hoog inquired about the bridge. Mr. Boucher replied that the Cocoa Water Department would address this matter. Mr. Treverton + Mr. Treverton commended the Cleric's office on paper reduction. He inquired about the meeting minutes from the Boards and asked if minutes were being posted on time. Ms. Stills replied that all Board meeting minutes are posted after approval. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about Commerce Street repaving and requested that Public Works contact the City of Cocoa to address this matter. • Mayor Pro Tem Petsos requested that prospective Building Official applicants come before the Council before hiring. He commented that the position has seen three people over a few years' time. Mr. Boucher suggested an informal interview with the Council prior to a regularly scheduled meeting. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 10 Mayor Randels • Mayor Randels commented on the low return of the City's investment percentages. • Mayor Randels stated that he was glad to see the City newsletter and displayed the City's of Rockledge's coverage in the local newspaper. Mayor Randels reported that the Space Coast Area Transit has revised their schedules to an all-in-one format. Mayor Randels displayed a pamphlet from the Central Florida Forestry on trees that grow in the area. • Mayor Randels inquired about the status of continuing the Code Review. Mr. Boucher stated that the City Cleric has prepared what was done and distribution is forthcoming. Council will need to set a workshop date. Mayor Randels asked the City Manager if the City would be included on the overhead sign. Mr. Boucher replied that the Public Works Director would negotiate with the Port based on an in-kind service. Mayor Randels replied to Ms. Roberts that the larger city, Cocoa Beach, was picked for display on the sign. Mayor Randels inquired if the sewer construction force main for Oak Lane and asked if assessment was forthcoming. Staff will supply minutes on the action taken. • Mayor Randels inquired about the basketball court Mr. Boucher replied that Ms. Hanson would proceed with this project upon returning from vacation. • Mayor Randels inquired about the beach-end landscaping project? Mr. Boucher replied that the notice to proceed went to the contractor. Mayor Pro Tem Petsos expressed to delay planting until March in light of the cold weather. Mayor Randels reported that he had met with residents from Ocean Woods to discuss beach end clearing between that area and Ocean Oaks. He suggested this location for the stormwater retention prototype concept. Mr. Boucher replied that the City Engineers could initiate a design. • Mayor Randels inquired about the traffic ticket audit. Ms. Bowers replied that at this time she did not think the Sheriffs Office had received any new information. • Mayor Randels inquired about the survey on reclaimed water. Mr. Boucher replied that a meeting would be held between the consultant and staff on the results of their revised report. A few issues remain to discuss prior to Council's review. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 9:45 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK 54 cE, Meeting Type: Regular s Meeting Date 01-21-03 AGENDA Heading Considerations CFiY OF Item 2 CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIE OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR PROPOSAL NO. 02-02, CITY ATTORNEY PROFESSIONAL LEGAL SERVICES DEPT.IDIVISION: LEGISLATIVE Requested Action: City Council review the Request for Proposals, rank the firms and direct the city manager to negotiate a contract with the top ranked firm. The firms that submitted are: Mark N. McQuagge, P.A. Principal, Mark N. McQuagge; Secondary, Chris Coleman Brown, Ward, Salzman& Weiss, P.A_ Principal,Anthony A. Garganese; Secondary,Jefl-rey P. Buak Summary Explanation & Background: City Council should rank the two firms based on their qualifications and their ability to handle the workload as outlined within the Scope of Services section of the Request for Proposal. Please advise. Exhibits Attached: Two RFP submittals City Ma er' Mee Department LEGISLATIVE 0 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 The City of Cape Canaveral (City) invites Proposals from qualified parties to provide professional legal services to the City while performing in the capacity of City Attorney. Qualified parties will have five (5) or more years experience in municipal law. Professional legal services are to be provided on a contractual fee-for-services basis (i.e., hourly billing method). All proposals to be considered shall be received on or before 2:00 P.M. on January 6, 2003. Proposals must be enclosed, sealed and clearly marked with your firm's name on the outside of the envelope with Request for Proposal, No. 02-02 and the RFP title "City Attorney — Professional Legal Services", and mailed or hand delivered to the City Clerk's office. The mailing address is City Clerk, P.O. Box 326 (105 Polk Avenue), Cape Canaveral, FL 32920. To obtain a copy of the RFP, contact: Susan Stills, CMC, City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Telephone: 321-868-122011221 FAX: 321-868-1248 Email: stills-cape@cfl.rr.com MARK N. MCQUAGGE, P.A. P.O. Box 373165 SATELLITE BEACH, FL 32937 OFFICE ADDRESS PHONE 25 McLEOD STREET (320453-1101 MERRITT ISLAND, FL FAx 32953 (321) 4530958 January 6, 2003 Susan Stills City Clerk City of Cape Canaveral, FL 105 Polk Ave. Cape Canaveral, FL 32920 RE: R.F.P. # 02-02 CITY ATTORNEY-PROFESSIONAL LEGAL SERVICES Dear Mrs. Stills, This letter transmits our response to your Request for Professional Legal Services # 02-02. Included in this submission is our Identification of Principal and Secondary Representatives, Qualifications, Work Load and Identification of Potential Conflict of Interest. As you already know I have previously held the Office of the City Attorney for the City of Cape Canaveral and would welcome the opportunity to provide those services again. Very truly yours MARK N. MCQUAGGE,P.A, Mark N. McQuagge, Esq. "ORIGINAL" CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL PROFESSIONAL LEGAL SERVICES R.F.P. # 02-02 TABLE OF CONTENTS 1. Identification of Principal and Secondary Representatives. Billing Rates (Attorney & Ancillary). Time Dedication (Primary & Secondary). 2. Qualifications. Experience in Municipal Law. 3. Work Load. 4. Potential Conflict of Interest. 5. Request For Proposal Form # 02-02. CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 1. Identification of Principal and Secondary Representatives: Billing Rates (Attorney & Ancillary): Time Dedication (Primary & Secondary). The principal representative regarding this response is Mark N. McQuagge. The secondary representative is Stephan Mays, Esq. independent contractor with the law firm of Amari & Theriac P.A. Both the primary and secondary representatives propose a billing rate of Ninety Dollars an Hour ($90.00/hr) for General Billing along with One Hundred and Ten Dollars an Hour($110.00/hr) for Litigation Billing. There will be no billing for paralegal time. All ancillary legal services, office expense and miscellaneous expenses are included in the above noted hourly rate. Travel time will be billed only for travel to a specific meeting and not for the attorney returning home from said meeting. Mr. McQuagge as the Primary Legal Representative will attend all of the City's required meetings and only due to unavoidable conflict (i.e. sickness, vacation, or legal conflict) will the Secondary Representative attend the city's required meetings. 2. Qualifications: Experience in Municipal Law. Mr. McQuagge has practiced continuously in the State of Florida since 1996. He has worked with Office of The State Attorney, Norman R. Wolfinger, and was in direct cooperation with The Office of the County Attorney regarding prosecution, drafting and interpretation of local Brevard County Zoning matters. Additionally, Mr. McQuagge has represented Allstate Insurance Company as part of their "In-House Council" division handling all negligence, personal injury and property damage litigation matters. Following his term as corporate council for Allstate, Mr. McQuagge worked with the Law Offices of Amari & Theriac, P.A. as a civil and criminal litigator. Specifically, he provided litigation representation to the Office of The City Attorney for The City of Cocoa, Florida, handling matters related to nuisance abatement proceedings, conflict resolution procedures under Florida Statutes Chapter 164 along with asset forfeiture matters related to the Florida Contraband Forfeiture Act. Between June of 2000 and July 2002 Mr. McQuagge represented The City of Cape Canaveral Florida, first as Assistant City Attorney then as the named City Attorney. During his term Mr. McQuagge provided his services to each meeting of all representative boards including Code Enforcement, Planning and Zoning, Board of Adjustment, Community Appearance Board and the meetings of the City Council. Additionally, he provided representation concerning the drafting of code review modifications as well as all litigation matters wherein the city's liability insurance did not provide for representation or no other conflict existed. During this period the City of Cape Canaveral experienced one of its largest building expansions with new development concerning the coastal towns. Mr. McQuagge zealously worked with the city staff, developers, and other governmental agencies to keep a consistent balance between the expansion of the city and its true character. 3. Work Load: Mr. McQuagge is a sole practitioner who provides legal services to specific clients in the areas of personal injury, PIPINo-Fault litigation and criminal defense matters. The current workload requires litigation support and a number of court appearances each month. However, the current caseload and schedule does not create a workload wherein Mr. McQuagge's representation of the City of Cape Canaveral would be compromised in any way. Mr. McQuagge also associates with other attorneys regarding specific matters on an"Of-Counsel" basis, which allows for flexibility in coordination and scheduling. 4. Potential Conflicts of Interest: At the time of this proposal Mark N. McQuagge, P. A. and its representatives herein have performed the appropriate file and client review and have determined that no potential conflict of interests exist. This statement is limited to this response related to RFP #02-02 and should at any time following the date of this submission should a conflict arise, Mark N. McQuagge P.A. and its representatives herein shall immediately and without delay notify The City of Cape Canaveral and all other effected entities. Mark N. McQuagge, P.A. Date/ Mark N McQuagge, Esq. CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO, 02-02 1) OVERVIEW The City of Cape Canaveral (City) invites Proposals from qualified parties to provide professional legal services to the City while performing in the capacity of City Attorney. Qualified parties will have five (5) or more years experience in municipal law. Professional legal services are to be provided on a contractual fee-for-services basis (i.e., hourly billing method). The City Attorney is the primary legal advisor to the City Council and City staff. The City Attorney is appointed by and serves at the pleasure of the City Council. The City Attorney provides legal counsel in drafting and implementing ordinances, resolutions and regulations-, assists in the drafting and review of the City's Comprehensive Plan and any amendments thereof, renders opinions on legal issues affecting the City; and keeps the City Council and City staff informed of new laws or judicial opinions that could affect the City. The City Attorney attends City Council meetings as well as Code Enforcement Board, Community Appearance Board, Board of Adjustment and Planning and Zoning Board meetings. As necessary, the City Attorney may represent the city in court. The City of Cape Canaveral is a residential community approximately 50 miles east of Orlando, Florida, located on the Cape Canaveral Peninsula in Brevard County, Fl-orida. The population is 9,161. The city is located on a coastal peninsula lying between the Banana River and the Atlantic Ocean. It is bordered on the north by Port Canaveral and on the south by a smalkunincorporated area and the City of Cocoa Beach. 2) INFORMATION OR CLARIFICATION For information concerning procedures for responding to this proposal, contact Susan Stills, City Clerk. Such contact shall be for clarification purposes only. Material changes; if any, to the scope of services or proposal procedures will be transmitted by written addendum through the City of Cape Canaveral. 3) RECEIPT OF PROPOSALS All proposals to be considered shall be received on or before 2:00 P.M. on January 6. 2003. Proposals must be enclosed, sealed and clearly marked with your firm's name on the outside of the envelope with Request for Proposal, No. 02-02and the RFP title ''City Attorney — Professional Legal Services', and mailed or hand delivered to the City Clerk's office. The mailing address is City Clerk, P.O. Box 326 (105 Polk Avenue), Cape Canaveral, FL 32920. The responsibility for obtaining, completing and submitting this request for sealed proposals to the City of Clerk on or before 2:00 P.M. on January 6. 2003 shall_be solely and strictly the responsibility of the Proposer. Employees of the City of Cape Canaveral shall in no way be responsible for delays caused by the United States mail delivery or any other occurrence. Proposals received after the time and date stipulated shall be considered non-responsive and returned to the Proposer unopened. 4) WITHDRAWAL OF PROPOSAL `. No proposal shall be withdrawn for a period on ninety (90) days from proposal opening date. 3) PROPOSAL FORMS All proposals must be submitted on the forms provided by the City of Cape Canaveral and must be signed by an authorized representative of the Company placing the proposal. Eight (8) complete sets of proposals will be submitted. One (1) original set will be marked "Original," with seven (7) complete sets marked "copy"". All proposals shall be written in and marked in ink. 6) COORDINATOR The project coordinator and designated liaison for the City of Cape Canaveral, City Attorney — Professional Legal Services Request for Proposal is: Susan Stills, CMC, City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Telephone: 321-868-122011221 FAX: 321-868-1248 Email: stills-cape@cfl.rr.com 2 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 TERMS AND CONDITIONS The selected firm will be required to have Professional Liability and Errors and Omissions insurance coverage of not less than $500,000. All insurers must be licensed in the State of Florida and have, at a minimum, a policyholders' rating if "A", and a financial class of"VIl" as reported in the latest edition of Best's Insurance Reports. A Certificate of Insurance or a binder of coverage is to be provided by the Proposer's liability insurance carrier at the time negotiations of final terms and conditions begin. If the selected firm cannot produce the required insurance coverage, the City will cease negotiations with that firm and commence negotiations with the next firm. The City Attorney serves at the pleasure of the City Council. Services may be terminated by the selected law firm upon sixty(60) days prior written notice to the City with or without cause. In such termination of services, the selected firm shall honor the provisions of Rule 4-1.1.6 of the Code of Professional Conduct of the Florida Bar. The City may also terminate the services with or without cause immediately upon written notice to the selected law firm. Written correspondence in regard to Proposals may be submitted to the liaison designated in this Request for Proposals. Failure to adhere to these requirements could result in disqualification from consideration of award. The Proposer preparing a bid in response to this proposal shall bear all expenses associated with its preparation. The Proposer shall prepare a bid with the understanding that no claim for reimbursement shall be submitted for the expense of bid preparation and/or presentation, PROPOSALFORMAT Proposals are to be submitted accompanied by pertinent information relating to the law firm's experience, qualifications, personnel, availability and capability to provide and perform all of the professional services necessary in a complete, effective and timely manner. In addition to the information and documents requested above, each Proposal shall include: 1. Identification of Principal and Secondary Representatives: Provide the names of the persons that will provide the primary professional legal services to the City (as City Attorney) and those that will act in a back-up capacity. Identify any known scheduie conflicts in which the back-up attorney will be 3 J required to provide regularly scheduled services due to the ongoing unavailability of the primary City Attorney. 2. Qualifications: Identification by name and a statement of qualifications and experience of any and all other attorneys that will provide legal services to the City under the proposed contract. 3. Work Load: List any schedule commitments on the part of the primary or back-up designees (e.g., meeting requirements of other municipalities or government entities represented by your firm) that may conflict with the meeting schedule for the City of Cape Canaveral. 4. Identify any potential conflicts of interest that the firm might incur while rendering services. Firms are advised, and should take into account in the preparation of their Proposal, that the evaluation of the Proposer's qualifications shall include, but is not limited to, consideration of the firm's experience in municipal law and experience, availability and capabilities of the primary legal advisor to the City. In addition, the City will take into account the experience, availability and capabilities of the backup legal advisor(s) to the City in the event that the primary legal advisor is unable to represent to the City at any given meeting or on any given matter. All Proposals will be screened to ensure that all qualifications and requirements of the Request for Proposal are met. Qualified firms will then be invited to formal interviews with the City Council. If selected, a formal contract will be negotiated with the selected firm. In order for a proposal to be evaluated and considered, all requested information must be submitted with the proposal. Incomplete proposals will be subject to disqualification. I hereby acknowledge that I have read the terms and conditions associated with Request for Proposal No. 02-02, City Attorney - Professional Legal Services. NAME OF FIRM: Mark N. NlcQuagge, P.A. ADDRESS: „ P-0- Box 373165 satellite Beach, Florida, 32937 TELEPHONE NO. (321) 453-1101 FAX NO. (321) 453-0958 AUTHORIZED SIGNATURE: DATE: / A 03 4 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 SCOPE OF PROFESSIONAL SERVICES 1. Attendance at all meetings of the City Council, Code Enforcement Board, Community Appearance Board, Board of Adjustment and Planning and Zoning Board. The meeting schedules are as follows: City Council 7:00 P.M First and Third Tuesday of each month Board of Adjustment 7:30 P.M. Meet on an as-needed basis Code Enforcement Board 7:00 P.M. Thursday after the 2"d Council Meeting Community Appearance Board 7:00 P.M. First and Third Monday of each month Planning and Zoning Board 7:30 P.M. Second and Fourth Wednesday of each month The City Attorney shall represent the City Council and each of these Boards, provide appropriate legal advice and/or written opinions, as necessary, and provide parliamentary guidance concerning the conduct of each of the meeting of the City Council and Boards. The City Attorney shall attend City Council work sessions, City Committee meetings or other meetings as directed by the City Council when items under consideration warrant legal input. 2. Draft and/or review ordinances, charter amendments, resolutions, contracts and correspondence; provide legal consultation on some City insurance matters; and provide legal advice or written opinions to City staff on matters related to their official duties. The Florida League of Cities Municipal insurance Trust (FM1T) currently provides the city's Workers Compensation, Automobile Liability and General Liability insurance coverage. As such, FMIT selected attorneys for those cases covered under this policy provide legal representation. 3. As required by the City Council, the City Attorney shall prosecute and defend the City on all civil complaints, suits or controversies in which the City is a party, including the Board of Adjustment, Community Appearance Board and Code Enforcement Board in certiorari proceedings. Specifically, the City Attorney is responsible for prosecuting and defending the City in civil action when no counsel is provided by liability insurance or when the city's exposure exceeds its insurance coverage. The City Attorney may also represent an employee or elected official who is individually named in a suit as a result of the execution official duties with the City. When the City's insurance coverage is activated on a given matter, the City Attorney shall consult and cooperate as necessary with the official duties with the City. When the City's insurance coverage is activated on a given matter, the City Attorney shall consult and cooperate as necessary with the legal counsel designated by the City's insurance company to ensure that the matter is dealt with in an expedient and professional manner. 4. As requested, the City Attorney will provide staff assistance and legal counsel relating to the acquisition or sale of real property in review or preparation of deeds, easements and title searches. 5. The City Attorney will review as requested by City staff, Board members or City Council members situations in which said laws or rules can reasonable be construed to impact the City's interests. 6. The City Attorney is to maintain files per Florida Statutes, and provide the City Cleric copies of pertinent pleadings and orders in all litigation that the City Attorney is handling. On a quarterly basis, the City Attorney will provide a brief written report on significant litigation dealt with the previous quarter. These reports are due by the 15th day subsequent to the end of a given quarter (Quarters are October 'I — December 31 , January 1 — March 31, April 1 --- June 30 and July 1 — September 30) 7. Perform other legal research and provide legal advice as requested. hereby acknowledge that I have read the Scope of Professional Services associated with the City of Cape Canaveral, Request for Proposal No. 02-02, City Attorney— Professional Legal Services. VENDOR NAME: Mark [v. McQ gge, P.A. ADDRESS: P• o- sox 373165, Satellite Beach Florida 32937 TELEPHONE NO. (321) 453-1101 FAX NO. (321) 453-0958 AUTHORIZED SIGNATURE: DATE: / 03 6 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 EVALUATION CRITERIA The following criteria will be used for evaluating Proposals for the Cape Canaveral City Attorney — Professional Legal Services contract and will be based on certain objective and subjective considerations as listed below: Experience in municipal law of the proposed primary legal representative for the City. Experience in municipal law of the proposed back-up legal representative(s) for the City. Dedicated time commitment of primary legal representative (i.e. will primary legal representative attend all, some or a few of the City's required meetings?). The hourly rates charged for attorney services and paralegal services (if billed separately). The proposed billing rates of any ancillary legal services, office expenses, travel and miscellaneous expenses (i.e. are these expenses included in the hourly rates specified above or are they billed separately?). I hereby acknowledge that I have read the Criteria for Review of Proposals associated with Request for Proposal No. 02-02, City Attorney — Professional Legal Services. VENDOR NAME Mark N. Mersa e P.A. ADDRESS P.O. Bax 373165 Satellite Beach Florida, PHONE NUMBER (321) 453-1101 } FAX NUMBER (321) 453-0958 AUTHORIZED SIGNATURE DATE /A11 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 PROPOSAL SIGNATURE Company Name: 'dark N. McQdagge, P.A. Address: P. o. Box 373165 City: Satellite Beach State: __MZip: 37.937 Telephone: (321) 453-1101 Fax: (321) 453-0958 E-Mail: Website Address: Type of Business (Corporation, Partnership, Other— Specify): Firm Tax 10 Number (EINISSN): CERTIFICATION The undersigned hereby confirms as follows- 1. ollows:9. I am a duly authorized agent of the Law Firm submitting the proposal; 2. 1 have read the Proposal in its entirety and fully understand and accept these terms unless specific variations have been expressly listed below. 3. My firm, nirk N. : e, P.A. agrees to hold all prices, terms and conditions firm for acceptance for ninety (90) calendar days following the date and time of the bid opening. VARIATIONS The Proposer shall identify all variations and exceptions taken to this Request for Proposal in the space provided below unless such variation is expressly prohibited in the RFP documents,. If no variations are listed here, it is understood that the Proposer fully complies with the terms and conditions. It is further understood that such variations may be cause for determining that the proposal is non-responsive and ineligible for award: Section Variance _ /A _ Section Variance N/A Section Variance H/n Attach additional sheets as necessary. By'. a4 / 2� _"_ Manual Signature of Agent Date Mark N. Mc4uagge Owner Typed/Printed fume of Agent Title of Agent Proposals without the manual and original signature of an authorized agent of the Proposer small be deemed non-responsive and ineligible for selection. 9 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 INDEMNIFICATION AND INSURANCE REQUIREMENTS The successful bidder agrees to comply with all Federal, State and Local laws and regulations applicable to itself, its employees, agents or subcontractors, if any, with respect to the work and services provided. The successful bidder must maintain Worker's Compensation insurance as required by State of Florida statutes. The following are required types and minimum limits of insurance coverage that the Proposer agrees to maintain during the term of this Contract: COVERAGE MINIMUM LIMITS General Liability and Auto Liability $500,000 per incident Professional Liability and E&O (if applicable) $500,000 Worker's Compensation Statutory All insurers must be licensed in the State of Florida and have, at a minimum, a policy holders' rating of "K, and a financial class of "Vil" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Proposer's insurance policies must be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contract shall specify that the Proposer will indemnify and save harmless and defend the City, their agents, servants and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the Proposer, its agents, servants or employees in the performance of its services. 10 i The Local Government Practice Group Of BRO)VNWAI-DD SALZMAN WEISS, P.A. Attorneys at Law Offices in Orlando, Cocoa, Viera and Kissimmee PROPOSAL FOR CITY ATTORNEY PROFESSIONAL LEGAL SERVICES FOR THE CITY OF CAPE CANAVERAL, FLORIDA RFP Number: 02-02 January 6, 2003 TABLE OF CONTENTS The Firm's Experience, Expertise and Purpose . . . . . . . . . . . . . . . . . . . . 3 Identification of Principal and Secondary Representatives Principal Representative, Anthony A. Garganese . . . . . . . . . . . . . . 9 Current Accomplishments with the City of Cape Canaveral . . . . 10 Secondary Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Scheduling Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 WorkLoad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conflicts of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 HourlyRates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Community Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Insurance Coverage Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 2 of 35 THE FIRM'S EXPERIENCE, EXPERTISE AND PURPOSE Brown, Ward, Salzman & Weiss, P.A. is a full service law firm that dedicates its practice to the representation of local government entities and businesses throughout Florida. The Firm is located in the Landmark II Building across from Lake Eola in downtown Orlando at 225 E. Robinson Street, Suite 660. The firm opened satellite offices in the City of Cocoa at 96 Willard St., Ste. 302, Cocoa, Florida, in August, 2000, and in the City of Kissimmee at 206 S. Beaumont Ave., Kissimmee, Florida, in March, 2002. The shareholders of the Firm have more than 100 years combined experience practicing law in Florida and significant expertise in representing cities, counties, school boards, regulatory boards, and special districts. Usher L. Brown formed the predecessor to this Firm in 1993, and the Firm in its present corporate structure, was established in early 1996. The Firm has six shareholders: Usher L. Brown, John H. Ward, Gary S. Salzman, Jeffrey S. Weiss, Anthony A. Garganese and Suzanne D'Agresta. The Firm serves governmental decision makers as both general counsel and special counsel. Attorneys for the Firm pride themselves on being proactive problem solvers, who counsel to prevent legal problems from arising, but who have the ability to litigate aggressively and effectively when necessary. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 3 of 35 "Whoso desireth to discourse in a proper manner concerning the incorporated towns and communities, must take in a great variety of matter and should be allowed a great deal of time and preparation . . . The subject is extensive and difficult."' Although Mr. Thomas Mattox expressed this view in 1726, those well versed in municipal law would undoubtedly make the same observation today. The true practice of municipal law is not a part-time or an easy profession. It requires substantial commitment, depth and resources. It is, therefore, imperative that cities retain attorneys with extensive and proven experience in all aspects of municipal law in order to meet the difficult challenges and avoid the many pitfalls facing cities today. The Local Government Practice Group of Brown, Ward, Salzman &Weiss, P.A. has a broad range of experience in local government including extensive expertise in representing municipalities, school boards, counties, special districts, and housing authorities. The Firm has an acute understanding and appreciation of the breadth of issues facing local government in Florida. 'Thomas Mattox, His Majesty's Historiographer, Firma Burgi: or an Historical Essay Concerning the Cities, Towns, and Boroughs of England, taken from records (William Boyer, London, 1726); Rhyne, The Law of Local Governmental Operations, Sec. 1.1 (1980). Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 4 of 35 The Firm has considerable demonstrated experience and depth in handling most matters affecting local government including, but not limited to: • Bid proposals and protests Community redevelopment • Code enforcement Real estate transactions • Nuisance prosecutions Drafting local laws • State and federal land use and zoning Negotiating and drafting of all - regulations and litigation government contracts • Creating and representing community Law enforcement defense development agencies Attending public meetings; advising • Growth management and Local Boards including City Council, comprehensive planning School Board, Code Enforcement, Adult entertainment regulations and Planning and Zoning/Land Planning • litigation Agency, Board of Adjustment, Parks and Recreation, Aesthetic Review • Franchises, including gas, electric, Board, and other advisory boards cable, telecommunications, water, solid waste Drafting utility tax and impact fee ordinances • Drafting ordinances and resolutions Labor and employment including • Public housing including C.D.B.G., employment contracts, manuals, pre- S.H.I.P., Home and Section 8 termination hearings, collective programs bargaining agreements, impasse hear- Sunshine Law ings, harassment investigations, EEOC hearings and litigation • Public Records Act Vested rights determinations • Annexations • • Election laws • Building and Fire Codes • Eminent domain, inverse condemna- • Chapter 163, Florida Statutes, and tion and Bert Harris Actions Home Rule Development Agreements Risk management, including premises • Drafting Administrative Manuals and liability Policies including employment, e-mail, Construction contracts and litigation Internet, quasi-judicial rules, travel and per diem 0 Municipal finances, including bond • Special assessments issuances • Civil rights including First Amendment, Civil forfeitures Voting Rights Act, § 1981, § 1983, and Charter review and referendums Title VII Riparian rights and sovereign • Bond validations and referendums submerged land issues Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 5 of 35 The attorneys of Brown, Ward, Salzman, & Weiss, P.A. have represented numerous governmental entities as general counsel and special counsel, including, but not limited to: Cities: Counties-. School Boards Districts: Winter Springs* Orange County Comptroller* Osceola County Casselberry* Seminole County Pinellas County Cocoa Beach Osceola County * Flagler County Indian Harbor Beach* Osceola County Tourist Seminole County Gainesville Development Council Alachua County Winter Garden * Okeechobee County " Okeechobee County* Lake Mary * Martin County Indian River County Melbourne Pasco County Charlotte County Deland St. Lucie County Sumter County Dade City Alachua County St. Lucie County Bradenton Florida School Boards DeBary Housing Authorities: insurance Trust Mulberry Brevard Family of Lake City Housing Authorities' Law Enforcement Misc. West Melbourne* Housing Authority for the Osceola County Cape Canaveral* City of Titusville * Investigative Bureau Ft. Meyers Lady Lake Police Cocoa * Special Districts: Cocoa Downtown Reedy Creek Improvement Others Redevelopment Agency* District * Florida League of Cities Fort Pierce Celebration Community Florida Real Estate Palm Bay* Development District Commission Port St. Lucie Florida Real Estate City of Okeechobee Appraisal Board Village of Wellington Hialeah Inverness David * denotes current client Juno Beach Altamonte Springs Town of Monteverde" Furthermore, the attorneys of Brown, Ward, Salzman & Weiss, P.A. are constantly training to stay on the cutting edge of legal developments so that we may continue to provide progressive and effective legal advice to our governmental clients. Brown, Ward, Salzman& Weiss, P.A. Proposal for Legal Services for City Attorney Page 6 of 35 Attorneys for the Firm are frequently sought after to present training seminars in new and evolving areas of the law, and to train elected officials, appointed board members and staff on a variety of legal issues facing local government. Maintaining the highest level of legal ability requires commitment and competence. The shareholders of Brown, Ward, Salzman & Weiss, P.A. have demonstrated their commitment and competence by becoming "Certified Specialists" in their respective areas of practice. To become a "Certified Specialist," an attorney must demonstrate to the Florida Bar through peer review, increased continuing education, and by passing a comprehensive written examination that they have the special knowledge, skills, and proficiency in their area of practice. Certified attorneys make up only approximately 6% of the Florida Bar's total membership. We are proud that our shareholders are certified by the Florida Bar in the following areas: CERTIFIED CERTIFIED CERTIFIED Cir TI F Y couNTrANo Florida Bar The Florida Bar The Florida Bar LOCAL GOVERNMNT OVILTRIAL BUSINESS LITIGATION O Anthony A. Garganese Usher L. Brown Gary S. Salzman Suzanne D'Agresta John H. Ward Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 7 of 35 The Firm enjoys an excellent reputation in the legal community, and is rated AV by the Martindale-Hubbell Law Directory. Martindale-Hubbell, the recognized pre- eminent legal rating service, has given the Firm the highest rating available. The °A" signifies the highest level of legal ability, while the "V denotes "very high" adherence to the professional standards of conduct,ethics, reliability and diligence. The Firm also is listed in the Martindale-Hubbell Bar Register of Pre-Eminent Law Firms, which is awarded to only those firms that have the highest rating. Brown, Ward, Salzman & Weiss, P.A. is committed to providing prompt, aggressive,and experienced legal representation. The Firm is responsive to the needs of its clients and their staff and dedicates itself to providing results-oriented legal representation in an efficient manner. The Firm also has a generous history of providing charitable donations to the communities that we serve. Through the years we have supported numerous local groups and events such as rotary clubs, holiday toy drives, counseling centers, educational foundations and scholarships, community sponsored events, children's programs, and other worthy causes. Brown, Ward, Salzman & Weiss, P.A. strongly desires to continue our valued relationship with the City of Cape Canaveral as its City Attorney. For additional information visit the Firm's website at www.orlandolaw.net. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 8 of 35 PRINCIPAL REPRESENTATIVE -ANTHONY A. GARGANESE Anthony A. Garganese will continue to serve as the principal representative and City Attorney of Cape Canaveral. For the past ten years, Mr. Garganese has dedicated his practice almost exclusively to the area of City, County and Local Government Law. He is one of only 118 lawyers in the State of Florida who are certified by the Florida Bar as a specialist in City, County and Local Government Law. City, County and Local Government Law is the practice of law dealing with legal issues of county, municipal or other local governments, such as, but +I not limited to, special districts, agencies and authorities, including litigation in the federal and state courts and before administrative agencies; the CERTIFIED preparation of laws,ordinances and regulations;and the preparation of legal , orY oidaBar instruments for or in behalf of city, county and local governments. L0.5L GOVERNMENL a Mr. Garganese currently serves as City Attorney for the Cities of Cape Canaveral, Cocoa and Winter Springs. He also serves as attorney for the Housing Authority of the City of Titusville and special counsel for several cities throughout the State of Florida, including the City of Casselberry regarding adult entertainment regulations and litigation. Mr. Garganese is one of the leading experts in the State of Florida on City, County and Local Government Law and has spoken on municipal legal issues at various prestigious conferences such as the Florida Municipal Attorneys Seminar, the Florida League of Cities Conference, the Municipal Clerks Certification Institute, and Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 9 of 35 the Florida Association of City Clerks Conference. He is also the key speaker and moderator for Lorman Education Services' First Annual Local Government Seminar which will be sponsored by the Local Government Practice Group of Brown, Ward, Salzman & Weiss, P.A. in Orlando on April 30, 2003. Anthony Garganese has a long history of providing legal services to the City of Cape Canaveral. While with the law firm of Amari & Theriac, P.A., Mr. Garganese served under City Attorney Kohn Bennett as an Assistant City Attorney of Cape Canaveral for approximately six and one-half years. It was, therefore, a great privilege and honor when Mr. Bennett recommended Mr. Garganese as his successor in September 2002. It was an even greater privilege when the City Council unanimously approved Mr. Garganese as the new City Attorney. CURRENT ACCOMPLISHMENTS WITH THE CITY OF CAPE CANAVERAL Since September of 2002, Mr. Garganese and the members of Brown, Ward, Salzman & Weiss, P.A. have worked diligently and closely with the City Council, City Manager, City Boards and City Staff to make a smooth transition as the new City Attorney. During the four (4) month transition period, we have achieved many accomplishments in a short period of time and have timely met the legal service demands of the City. Our accomplishments include: A. Meetings. Without any scheduling conflict, we have thoroughly prepared for and attended every board meeting of the City Council, Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 10 of 35 Community Appearance Board, Planning & Zoning/LPA, Code Enforcement Board and Board of Adjustment (30 meetings). B. Ordinances. We have prepared or are finalizing the following ordinances for the City's consideration: 1 . Regulation of Unlicensed Contractors, 2. Regulation of Car Rental Establishments. 3. Public Notice Requirements for Rezonings, Variances, and Special Exceptions. 4. Regulation of Colors for Commercial Establishments. 5. Establishment of Criminal History Screening for Certain Public Safety City Employees. 6. Establishment of a Sidewalk Assessment Fee for City Constructed Sidewalks. 7. Establishment of a Procedure for the Satisfaction and Reduction of Code Enforcement Liens. 8. Prohibition on Beach Bonfires. 9, Political Sign Code Amendments. 10. Establishment of Landscaping/Parking Requirements in C-2 Zoning District. C. Formal Written Legal Opinions. In addition to our day-to-day informal advice to the City, we have rendered the following formal written legal opinions: Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 11 of 35 1 . The City's authority to regulate Family Day Care Homes in residential zoning districts. 2. The City's ability to advocate for the passage of the Police millage referendum. 3. The City's authority to regulate and license bicycles. 4. The City's ability to exclude non-United States citizens from City boards. 5. The State licensing requirements to install windows and doors. 6. The City's ability to impose fines for delinquent occupational licenses. 7. The constitutionality of the City's political sign code. 8. Whether Hertz Rental violated its special exception permit conditions. 9. Whether Magma Trading Corp.'s previously issued alcohol special exception is valid. 10. The impact of the new Social Security number legislation on City public records. 11. The funding options available to construct City sidewalks. D. Comprehensive Legal Investigations and Reports. We have completed the following comprehensive investigative reports: 1. A "White Paper' to the County Commission on Club Lido's application for a special exception, which was subsequently withdrawn by Club Lido. 2. A report and recommendation on recent activities within the Building Department. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Aftorney Page 12 of 35 3. The 2001/2002 Financial Audit Letter. E. Miscellaneous Major_Accomplishments. 1 . Preparation of comprehensive rules and procedures, forms, motions, and training materials for the Code Enforcement Board and Code Enforcement Officers. 2. To reduce the City Clerk's workload, preparation of original ordinances and resolutions on special paper for immediate signature by City officials. 3. Comprehensive Personnel Policy review and recommendation. 4. Preparation of formal Adopt-A-Road policy and agreement. 5. First City Attorney to implement the use of a lap-top computer at City Council meetings. In addition, because of our firm's reputation of providing highly competent litigation services on behalf of Florida municipalities, the law firm of Brown, Ward, Salzman & Weiss, P.A. serves as local panel counsel for the Florida League of Cities Insurance Defense Trust ("FLC"). Given that the City of Cape Canaveral is currently insured by the FLC, the City will have the added benefit of knowing that its City Attorney is also capable of defending the City in any lawsuit covered by the FLC, as well as competently handling any other lawsuit not covered by the City's insurance carrier. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 13 of 35 SECONDARY REPRESENTATIVES The position of City Attorney requires the handling of a variety of complex issues. In addition to having the benefit of Mr. Garganese's extensive municipal experience, the City of Cape Canaveral will have the benefit of drawing upon the full extensive experience of the other members of the Firm as secondary representatives for issues requiring specific expertise. Therip maw secondary representative will be Jeffrey P. Buak. Mr. Buak will continue to represent various City boards and be the primary backup to Mr. Garganese in the event he is unable to attend a City Council meeting. Mr. Buak currently serves as Assistant City Attorney for the Cities of Cape Canaveral, Cocoa and Winter Springs. He also serves as the Code Enforcement Board Attorney for the Town of Monteverde. Prior to joining the firm in January 2001, Mr. Buak served as an Assistant City Attorney for the City of Fort Myers, Florida. He currently practices in the area of City, County and Local Government Law and will be sitting for the City, County and Local Government Law Certification exam in 2003. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 14 of 35 THE ATTORNEYS OF BROWN, WARD, SALZMAN & WEISS, P.A. SHAREHOLDERS Usher Larry Brown, born Savannah, Georgia, November 12, 1953. Admitted to bar, 1981 , Florida and U.S. District Court, Middle District of Florida; 1984, U.S. Claims Court and U.S. Court of Appeals, Eleventh Circuit. Education: University of Central Florida (B.A., with honors, 1976); University of Florida (J.D., with honors, 1980). Practice Areas: City, County and Local Government Law; Business Law; Complex Litigation; Antitrust and Trade Regulation; Bankruptcy; Creditors Rights; Contract Litigation; Construction Litigation; Education Law. Mr. Brown currently handles a variety of complex government litigation cases including cases for the Cities of Cocoa, Casselberry, and Winter Springs. Co-Author: "Unmet Legal Needs for the Poor in Florida," Center for Governmental Responsibility, Holland Law Center, University of Florida, 1980. School Board Attorney: School Board of Pinellas County, Florida, 1981-1985; School Board of Osceola County, Florida, 1992-present. Special Outside Counsel for School Boards of: Indian River County; Putnam County; Flagler County; Charlotte County; Alachua County; Okeechobee County; Sumter County; Orange County Comptroller, and Osceola County. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 15 of 35 Member: The Florida Bar; American Bar Association; Florida School Board Attorneys Association; National School Board Association; Council of School Attorneys; Academy of Trial Lawyers of America. Board Certifications: Certified by The Florida Bar in Civil Trial law. nf, Civil trial law is the practice of law dealing with litigation of civil controversies in all areas of law before state courts, federal courts, administrative agencies and arbitrators. In addition to actual pretrial and trial process, civil trial law includes evaluating, handling, and The Florida Bar resolving civil controversies prior to the initiation of suit. f1VILTfbA1 Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 16 of 35 Suzanne D'Agresta, born Boston, Massachusetts, April 30, 1964. Admitted to bar, 1995, Florida and U.S. District Court, Middle District of Florida; 1997, U.S. Court of Appeals, Eleventh Circuit. Education: University of Central Florida (B.A., Summa Cum Laude, 1991); University of Florida (J.D., 1994). Practice Areas: City, County and Local Government Law; Education Law; Construction Litigation; Business Litigation. Member: The Florida Bar; Orange County Bar Association; Arts for a Complete Education/Florida Alliance for Arts Education. Board Certifications: Certified by The Florida Bar as a specialist in City, County, and Local Government Law. A City, County and Local Government Law is the practice of law dealing with legal issues of county, municipal or other local governments,such 81113 as, but not limited to, special districts, agencies and authorities, including litigation in the federal and state courts and before CERTIFIED administrative agencies; the preparation of laws, ordinances and 7rie Fla Bar Q f Y COUNTYANU regulations; and the preparation of legal instruments for or in behalf of LOCAL COVERNMEN7 e city, county and local governments. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 17 of 35 Anthony A. Garganese, born Providence, Rhode Island, March 15, 1964. Admitted to bar, 1993, Florida and U.S. District Court, Middle District of Florida; 1994, U.S. Court of Appeals, Eleventh Circuit; 1994,the Supreme Court of Colorado, 1999, U.S. Supreme Court. Education: Bryant College (B.S., 1986, M.B.A., 1988); Nova Southeastern University (J.D., 1993). Practice Areas: City, County and Local Government Law; Land Use and Zoning; Commercial Real Estate; Corporate Law; First Amendment Law. City Attorney: Cities of Cape Canaveral, Cocoa and Winter Springs. Attorney: Housing Authority of the City of Titusville. Special Counsel: several cities throughout the State of Florida, including the City of Casselberry regarding adult entertainment regulations and litigation. Member: Local Government Section of the Florida Bar. Board Certifications: Certified by The Florida Bar as a specialist in City, County, and Local Government Law. City,County and Local Government Law is the practice of law dealing with legal issues of county, municipal or other local governments, such as, but not limited to, special districts,agencies and authorities, ��I� including litigation in the federal and state courts and before G N Flrib IFIEar administrative agencies; the preparation of laws, ordinances and 01�MUNTYAM regulations; and the preparation of legal instruments for or in behalf G L6L GOVERNMt N- Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 18 of 35 Gary S. Salzman, born Port Chester, New York, May 26, 1963. Admitted to bar, 1988, Florida; 1989, U.S. District Court, Southern District of Florida; 1991 , Colorado; 1992, U.S. District Court, Middle District of Florida, U.S. Court of Appeals, Eleventh Circuit and U.S. Supreme Court. Education: University of Miami (B.B.A. 1985; J.D. with honors, 1988). Practice Areas: Business, Commercial and Corporate Disputes; Contract and Real Property Litigation; Banking and Lender Liability Matters; Commercial Foreclosures and Collections; Commercial Arbitration and Mediation. Board Certifications: Certified by The Florida Bar in Business Litigation Law. Certified Arbitrator and Mediator. Business litigation certified lawyers help solve problems arising from business relationships, including resolving disputes. Business litigation includes evaluating, handling and resolving disagreements prior to the filing of a law suit, preparing for and trying cases and post-judgment proceedings. It includes CERTIFIED litigation in state and federal courts, and before administrative The FkrWa Bar agencies, mediators and arbitrators. BUSnvESSu71GR710M � r Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 19 of 35 John H. Ward, born Leaksville, North Carolina, May 31 , 1938. Admitted to bar, 1964, Florida; 1968, U.S. Claims Court and U.S. Tax Court; 1969, U.S. Court of Appeals Fifth Circuit; 1971 , U.S. Supreme Court; 1973, U.S. District Court, Southern and Middle Districts of Florida; 1981 , U.S. Court of Appeals, Eleventh Circuit. Education: University of Florida (B.S., B.A. 1960; J.D., 1967, replaced LL.B. conferred 1964). Delta Theta Phi. Practice Areas: Civil Trial; Premises Liability; Products Liability. Board Certifications: Certified by The Florida Bar in Civil Trial law. ♦.. Civil trial law is the practice of law dealing with litigation of civil controversies in all areas of law before state courts, federal courts, administrative agencies and arbitrators. In addition to .r actual pretrial and trial process, civil trial law includes CEOIIED evaluating, handling, and resolving civil controversies prior to The F rklaBar the initiation of suit. gVILTMAL Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 20 of 35 Jeffrey S. Weiss, born Passaic, New Jersey, April 27, 1962. Admitted to bar, 1988, Florida; 1988, U.S. District Court, Middle District of Florida; 1989, U.S. District Court, Southern District of Florida; 1991 , U.S. District Court, Northern District of Florida; 1992, U.S. Court of Appeals, Eleventh Circuit. Education: University of Florida (B.S., 1984; J.D., 1987). Practice Areas: Employment and Civil Rights Law; Commercial Landlord Tenant Law, General Insurance Defense, and Insurance Coverage Defense. �. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 21 of 35 SENIOR ATTORNEYS Debra S. Babb, born Blue Island, Illinois, June 4, 1963. Admitted to bar, 1994, Florida; 1997, U.S. District Court, Northern District of Florida; 1999, U.S. District Court, Middle District of Florida; 1990, Washington State Bar; 1990, U.S. District Court, Western District of Washington. Education: Drake University, Des Moines, Iowa (B.F.A. 1986); Pepperdine University, Malibu, California (J.D. 1989). Practice Areas: City, County and Local Government Litigation; General Civil Litigation and Commercial Litigation; Eminent Domain; First Amendment; Employment and Contract Matters. Prior to joining the firm, Ms. Babb practiced general civil litigation for private firms in Seattle, practiced eminent domain law for the Florida Department of Transportation; and served as an Assistant City Attorney for the City of Gainesville, Florida. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 22 of 35 Jeffrey P. Buak, born Bridgeport, Connecticut, September 2, 1966. Admitted to bar, 1993, Florida; 1999, U.S. District Court, Middle District of Florida. Education: University of Central Florida (B.A., 1989); St. Thomas University School of Law (J.D. 1993). Practice Areas: City, County and Local Government Law. Assistant City Attorney: Cities of Cape Canaveral, Cocoa and Winter Springs. Code Enforcement Board Attorney: Town of Monteverde. Prior to joining the Firm in January 2001 , Mr. Buak served as an Assistant City Attorney for the City of Fort Myers, Florida. He will be sitting for the City, County, Local Government Certification exam in 2003. Todd K. Norman, born Newfoundland, New Jersey, July 17, 1970. Admitted to bar, 1995, Florida; 1995, U.S. District Court, Middle District of Florida. Education: Florida State University(B.S., Magna Cum Laude, 1992 J.D.with high honors, 1995). Practice Areas: Commercial Litigation; Governmental Litigation; Real Property Litigation. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 23 of 35 ASSOCIATES John U. Biedenharn, Jr., born Columbus, Ohio, January 24, 1961 . Admitted to bar, 1989, Florida; 1989, Supreme Court of Florida. Education: Florida State University (B.S. 1983); Loyola University of Law (J.D. 1989). Practice Areas: All Areas of Employment Law, including Employment Discrimination; Sexual Harassment; Non-compete Contracts; Age, Disability, and Gender Discrimination; Hiring, Firing, and Disciplining Employees; Drafting Employee Handbooks; Counseling private and public sector employers on various employment and workplace issues; Government Law, representing cities, school districts and administrative agencies. Joseph E. Blitch, born Orlando, Florida, April 29, 1969. Admitted to bar, 1995, Florida; 1996, U.S. District Court, Middle District of Florida; 1999, U.S. District Court, Northern District of Florida; 1997, U.S. District Court, Southern District of Florida and U.S. Court of Appeals, Eleventh Circuit. Education: University of Central Florida (B.A., 1991); University of Florida (J.D., 1994). -- Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 24 of 35 Practice Areas: Labor and Employment Defense, with special emphasis on litigation arising under the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Equal Pay Act, Title VII of the Civil Rights Act; Employment-related Tort Actions; Commercial Litigation. Jennifer A. Michael, born Finley, Ohio, January 9, 1970. Admitted to bar, 2000, Florida; 2001 , U. S. District Court, Middle District of Florida and U. S. District Court, Southern District of Florida. Education: Stetson University(B.A., 1992); New York Law School (J.D., Cum Laude, 2000). Practice Areas: General Civil and Commercial Litigation; Commercial Landlord/Tenant Law. Michelle A. Reddin, born in Fredericton, New Brunswick, Canada, November 14, 1973. Admitted to bar, 1999, Florida; 1999, U.S. District Court, Middle District, Northern District and Southern District of Florida. Education: Indiana State University (B.S. 1995); Thomas M. Cooley Law School (J.D., Cum Laude, 1999). Practice Areas: Commercial Litigation; Construction Law. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 25 of 35 Vincent E. Scarlatos, bora London, England, February 11 , 1967. Admitted to bar, 1993, Florida; 1994, U.S. District Court, Middle District of Florida. Education: Emory University (B.A. 1988); Nova Southeastern University (J.D. 1993). Practice Areas: City, County and Local Government Law; Police Civil Liability Defense. Mr. Scarlatos has previously served as Special Assistant State Attorney(1993-1996); City Prosecutor for the City of Sarasota, Florida (1993-1996); Assistant City Attorney forthe City of Sarasota, Florida (1993-1996); Assistant State Attorney - Ninth Judicial Circuit (1997-1998); and as Assistant General Counsel, Orange County Sheriff's Office (1998-2002). OF COUNSEL Erin J. O'Leary, born Neenah, Wisconsin, October 31 , 1969. Admitted to bar, 1994, Florida; 1994, U.S. District Court, Middle District of Florida; 2001 , U.S. Court of Appeals, Eleventh Circuit, and Supreme Court of the United States. Education: University of Florida (B.A., 1991); Nova Southeastern University (J.D., 1994). Practice Areas: Appellate practice, all aspects of City, County and Local Government Law. Brown, Ward, Salzman & Weiss, P.A. Proposal for,Legal Services for City Attorney Page 26 of 35 SCHEDULING CONFLICTS There are no known scheduling conflicts which would require the services of a back-up attorney to provide regularly scheduled services due to the unavailability of Mr. Garganese, the principal representative, or any of the secondary representatives. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 27 of 35 PERSONNEL Brown, Ward, Salzman, and Weiss represents some 220 clients. The Firm currently employs 15 attorneys, 3 paralegals, 14 legal assistants, and 6 administrative staff members. Our attorneys and staff are committed to continuously exploring new law office technology, so that we can continue to provide our clients with the most cost effective, high quality, and efficient legal service. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 28 of 35 WORK LOAD There are no known schedule commitments on the part of the primary or secondary legal representatives that may conflict with the meeting schedule for the City of Cape Canaveral. Brown, Word, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 29 of 35 CONFLICTS OF INTEREST The only known potential conflict of interest involves the City of Cocoa. The firm currently represents the City of Cocoa as its City Attorney. By franchise agreement, the City of Cocoa provides potable water to the City of Cape Canaveral. However, the probability of a conflict involving the franchise agreement is remote. For approximately ten (10) years, the same law firm has represented both the Cities of Cape Canaveral and Cocoa without any real conflict. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 30 of 35 HOURLY RATES The hourly rates charged for attorney services and paralegal services(if billed separately) are as follows: Fees: The Firm proposes to maintain the current hourly rates as its attorneys' fees: A. $100.00 per hour for non-litigation related legal services; B. $110.00 per hour for litigation related legal services, including labor grievances, pending claims, litigation or administrative proceedings; C. $65.00 per hour for paralegal services; and D. Notwithstanding paragraphs A through C, for services rendered for issuance of an opinion letter as City Attorney in connection with any bond/note issue, including certificates of participation, revenue anticipation notes, sales tax revenue bonds, and general obligation bonds, the charges will be those generally charged for such services by independent counsel in the Central Florida area and shall be discussed and agreed upon prior to the rendering of services, and shall constitute a percentage of the bond/note issue. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Afforney Page 31 of 35 The Firm will bill attorneys' fees in a monthly, itemized statement that will include the date, the name of the attorney providing the service, a description of the service, and a breakdown of hours spent to the tenth of an hour (0.1). Costs: The Firm will bill reimbursement for all costs and expenses incurred and advanced by the Firm on the behalf of the City of Cape Canaveral. These costs may include fees for process servers, clerks of the court, court reporters, long-distance telephone calls, in-house copies ($.15 copy), outside copying costs, Federal Express, UPS, Airborne Express, delivery/courier charges, postage charges, approved consultants and experts retained, depositions, and computerized research. The Firm will not charge for travel time or expenses within Brevard County or to and from Orlando and City Hall or to and from Orlando and the Brevard County Courts. Approval of costs for out-of-area travel expenses and for expert witnesses will be obtained in advance. The Firm will continue to maintain its local Brevard County telephone number of (866) 425-9566. The Firm will present reasonable costs in an itemized bill. Brown, Ward, Safzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 32 of 35 COMMUNITY INVOLVEMENT The law firm of Brown, Ward, Salzman & Weiss, P.A. takes great pride in giving back to the communities that we serve. It is our philosophy and desire that through our involvement and investment in the community, we can in some small way make a difference and make the community a better place to live. Each year our shareholders prepare an annual charitable contributions budget, which includes our Firm's plan forgiving back to the communities. In previous years, we have made substantial contributions of our resources to worthwhile organizations and events such as rotary clubs, holiday toy drives, counseling centers, educational foundations and scholarships, community sponsored events, children's programs, and other worthy causes. In support of this philosophy, we propose to provide to the City of Cape Canaveral, at a minimum, the following: A. Seminars. On an annual basis, we will prepare for and conduct two (2) local government seminars for the City at no cost. The subject matter of each seminar will be decided by the City and will be held at a mutually agreeable date and time. One seminar will be conducted for the benefit of the City Council. The other seminar will be conducted for the benefit of the various City boards and/or City staff. _ Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 33 of 35 B. City Government Awareness Day. Understanding how our government works is extremely important, even for our littlest citizens. With the permission of the School District and the principal of Cape View Elementary School, we would like the opportunity to sponsor and help coordinate a City Government Awareness Day at Cape View Elementary School. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 34 of 35 INSURANCE COVERAGE LIMITS The Firm has professional liability insurance with St. Paul Fire and Marine Insurance Company. The policy limits are $2,000,000.00 The Firm also has general liability with Cincinnati Insurance Company with $2,000,000.00 policy limits. Each member of the attorney team has automobile insurance with appropriate policy limits. Upon request, more detailed information will be provided. Brown, Ward, Salzman & Weiss, P.A. Proposal for Legal Services for City Attorney Page 35 of 35 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL. for - CITY ATTORNEY— PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 I) OVERVIEW The City of Cape Canaveral (City) invites Proposals from qualified parties to provide professional legal services to the City while performing in the capacity of City Attorney. Qualified parties will have five (5) or more years experience in municipal law. Professional legal services are to be provided on a contractual fee-far-services basis (i.e., hourly billing method). The City Attorney is the primary legal advisor to the City Council and City staff. The City Attorney is appointed by and serves at the pleasure of the City Council. The City Attorney provides legal counsel in drafting and implementing ordinances, resolutions and regulations, assists in the drafting and review of the City's Comprehensive Plan and any amendments thereof; renders opinions on legal issues affecting the City; and keeps the City Council and City staff informed of new laws or judicial opinions that could affect the City. The City Attorney attends City Council meetings as well as Code Enforcement Board, Community Appearance Board, Board of Adjustment and Planning and Zoning Board meetings. As necessary, the City Attorney may represent the city in court. The City of Cape Canaveral is a residential community approximately 50 miles east of Orlando, Florida, located on the Cape Canaveral Peninsula in Brevard County, Florida. The population is 9,10` - The city is located on a coastal peninsula lying between the Banana River and the Atlantic Ocean. It is bordered on the north by Port Canaveral and on the south by a small-unincorporated area and the City of Cocoa Beach. 2) INFORMATION OR CLARIFICATION For information concerning procedures for responding to this proposal, contact Susan Stills, City Clerk. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted by written addendum through the City of Cape Canaveral. 3) RECEIPT OF PROPOSALS All proposals to be considered shall be received on or before 2:00 P.M. on January 6� 2003. Proposals must be enclosed, sealed and clearly marked with your firm's name on the outside of the envelope with Request for Proposal, No. 02-02and the RFP title "City Attorney — Professional Legal Services", and mailed or hand delivered to the City Clerk's office. The mailing address is City Clerk, P.O. Box 326 (1 05 Polk Avenue), Cape 1 Canaveral, FL 32920. The responsibility for obtaining, completing and submitting this request for sealed proposals to the City of Clerk on or before 2:00 P.M. on January 6 2003 shall be solely and strictly the responsibility of the Proposer. Employees of the City of Cape Canaveral shall in no way be responsible for delays caused by the United States mail delivery or any other occurrence. Proposals received after the time and date stipulated shall be considered non-responsive and returned to the Proposer unopened. 4) WITHDRAWAL. OF PROPOSAL No proposal shall be withdrawn for a period on ninety (90) days from proposal opening date. . 5) PROPOSAL FORMS All proposals must be submitted on the forms provided by the City of Cape Canaveral and must be signed by an authorized representative of the Company placing the proposal. Eight (8) complete sets of proposals will be submitted. One (1) original set will be marked "Original," with seven (7) complete sets marked "co ". All proposals shall be written in and marked in ink. 6) COORDINATOR The project coordinator and designated liaison for the City of Cape Canaveral, City Attorney— Professional Legal Services Request for Proposal is: Susan Stills, CMG, City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Telephone: 321-868-122011221 FAX: 321-868-1248 Email: stills-cape@cfl.rr.com CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for �- CITY ATTORNEY -- PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 TERMS AND CONDITIONS The selected firm will be required to have Professional Liability and Errors and Omissions insurance coverage of not less than $500,000. All insurers must be licensed in the .State of Florida and have, at a minimum, a policyholders' rating If "A", and a financial class of"VII" as reported in the latest edition of Best's Insurance Reports_ A Certificate of Insurance or a binder of coverage is to be provided by the Proposer's liability insurance carrier at the time negotiations of final terms and conditions begin. If the selected firm cannot produce the required insurance coverage, the City will cease negotiations with that firm and commence negotiations with the next firm. The City Attorney serves at the pleasure of the City Council. Services may be terminated by the selected law firm upon sixty (60) days prior written notice to the City with or without cause. In such termination of services, the selected firm shall honor the provisions of Rule 4-1.1.6 of the Code of Professional Conduct of the Florida Bar. The City may also terminate the services with or without cause immediately upon written notice to the selected law firm. Written correspondence in regard to Proposals may be submitted to the liaison designated in this Request for Proposals. Failure to adhere to these requirements could result in disqualification from consideration of award. The Proposer preparing a bid in response to this proposal shall bear all expenses associated with its preparation. The Proposer shall prepare a bid with the understanding that no claim for reimbursement shall be submitted for the expense of bid preparation and/or presentation. PROPOSAL FORMAT Proposals are to be submitted accompanied by pertinent information relating to the law firm's experience, qualifications, personnel, availability and capability to provide and perform all of the professional services necessary in a complete, effective and timely manner. In addition to the information and documents requested above, each Proposal shall include: 1. Identification of Principal and Secondary Representatives: Provide the names of the persons that will provide the primary professional legal services to the City (as City Attorney) and those that will act in a back-up capacity. Identify any known schedule conflicts in which the back-up attorney will be r 3 required to provide regularly scheduled services due to the ongoing unavailability of the primary City Attorney. 2. Qualifications: Identification by name and a statement of qualifications and experience of any and all other attorneys that will provide legal services to the City under the proposed contract. 3. Work Load: List any schedule commitments on the part of the primary of back-up designees (e.g., meeting requirements of other municipalities or government entities represented by your firm) that may conflict with the meeting schedule for the City of Cape Canaveral. 4. Identify any potential conflicts of interest that the firm might incur while rendering services. Firms are advised, and should take into account in the preparation of their Proposal, that the evaluation of the Proposer's qualifications shall include, but is not limited to, consideration of the firm's experience in municipal law and experience, availability and capabilities of the primary legal advisor to the City. In addition, the City will take into account the experience, availability and capabilities of the backup legal advisor(s) to the City in the event that the primary legal advisor is unable to represent to the City at any given meeting or on any given matter. All Proposals will be screened to ensure that all qualifications and requirements of the j Request for Proposal are met. Qualified firms will thea be invited to formal interviews with the City Council. If selected, a formal contract will be negotiated with the selected firm. In order for a proposal to be evaluated and considered, all requested information must be submitted with the proposal. Incomplete proposals will be subject to disqualification. I hereby acknowledge that I have read the terms and conditions associated with 7 Request for Proposal No. 02-02, City Attorney - Professional Legal Services. i NAME OF FIRM. Brown,Ward,Salzman&Weiss P.A. ADDRESS: 225 E. Robinson Street; Suite 660 Orlando, Florida 32801 TELEPHONE NO, 407 425-9566 FAX NO. (407)_425-9596 AUTHORIZED SIGNATURE: _.� Anthony A. Garganese DATE: 4 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY — PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 SCOPE OF PROFESSIONAL SERVICES 1. Attendance at all meetings of the City Council, Code Enforcement Board, Community Appearance Board, Board of Adjustment and Planning and Zoning Board. The meeting schedules are as follows: City Council 7:00 P.M First and Third Tuesday of each month Board of Adjustment 7:30 P.M. Meet on an as-needed basis Code Enforcement Board 7:00 P.M. Thursday after the 2nd Council Meeting Community Appearance Board 7:00 P.M. First and Third Monday of each month Planning and Zoning Board 7:30 P.M. Second and Fourth Wednesday of each month The City Attorney shall represent the City Council and each of these Board, provide appropriate legal advice andlor written opinions, as necessary, and provide parliamentary guidance concerning the conduct of each of the meeting of the City Council and Boards_ The City Attorney shall attend City Council work sessions, City Committee meetings or other meetings as directed by the City Council when items under consideration warrant legal input. 2. Draft and/or review ordinances, charter amendments, resolutions, contracts and correspondence; provide legal consultation on some City insurance matters; and provide legal advice or written opinions to City staff on matters related to their official duties. The Florida League of Cities Municipal Insurance Trust (FMIT) currently provides the city's Workers Compensation, Automobile Liability and General Liability insurance coverage. As such, FMIT selected attorneys for those cases covered under this policy provide legal representation. 3. As required by the City Council, the City Attorney shall prosecute and defend the City on all civil complaints, suits or controversies in which the City is a party, including the Board of Adjustment, Community Appearance Board and Code Enforcement Board in certiorari proceedings. Specifically, the City Attorney is responsible for prosecuting and defending the City in civil action when no counsel is provided by liability insurance or when the city's exposure exceeds its insurance coverage. The City Attomey may also represent an employee or elected official who is individually named in a suit as a result of the execution official duties with the City. When the City's insurance coverage is activated on a given matter, the City Attorney shall consult and cooperate as necessary with the 5 official duties with the City. When the City's insurance coverage is activated on a given matter, the City Attorney shall consult and cooperate as necessary with the legal counsel designated by the City's insurance company to ensure that the matter is dealt with in an expedient and professional manner. 4. As requested, the City Attorney will provide staff assistance and legal counsel relating to the acquisition or sale of real property in review or preparation of deeds, easements and title searches. 5_ The City Attorney will review as requested by City staff, Board members or City Council members situations in which said laws or rules can reasonable be construed to impact the City's interests. 6. The City Attorney is to maintain files per Florida Statutes, and provide the City Clerk copies of pertinent pleadings and orders in all litigation that the City Attorney is handling. On a quarterly basis, the City Attorney will provide a brief written report on significant litigation dealt with the previous quarter. These reports are due by the 151" day subsequent to the end of a given quarter (Quarters are October 1 — December 31, January 1 — March 31, April 1 -- June 30 and July 1 — September 30) 7_ Perform other legal research and provide legal advice as requested. I hereby acknowledge that I have read the Scope of Professional Services associated with the City of Cape Canaveral, Request for Proposal No. 02--02, City Attorney— Professional Legal Services. VENDOR NAME: Brown,Ward,Salzman&Weiss, P.A. ADDRESS: 225 E. Robinson Street; Suite 660 Orlando Florida 32801 TELEPHONE NO. 407 425-9566 FAX N O. 407 425-9596 ' AUTHORIZED SIGNATURE: Anthony A. Garganese DATE: r 2 v3 8 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY — PROFESSIONAL LEGAL SERVICES RFP NO. 02-02 EVALUATION CRITERIA The following criteria will be used for evaluating Proposals for the Cape Canaveral City Attorney -- Professional legal Services contract and will be based on certain objective and subjective considerations as listed below - Experience in municipal law of the proposed primary legal representative for the City. Experience in municipal law of the proposed back-up legal representative(s) for the City. Dedicated time commitment of primary legal representative (i.e. will primary legal representative attend all, some or a few of the City's required meetings?). The hourly rates charged for attorney services and paralegal services (if billed separately). The proposed billing rates of any ancillary legal services, office expenses travel and miscellaneous expenses (i.e. are these expenses included in the hourly rates specified above or are they billed separately?). I hereby acknowledge that I have read the Criteria for Review of Proposals associated with Request for Proposal No. 02-02, City Attorney — Professional Legal Services. VENDOR NAME Brown, Ward, Salzman & Weiss, P.A. ADDRESS 225E Robinson Street; Suite 660 Orlando, Florida 32801 PHONE NUMBER (407) 425- FAX NUMBER (447) 425-9596 AUTHORIZED SIGNATURE DATE __403 /kTKOny A. Garganese CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for CITY ATTORNEY -- PROFESSIONAL LEGAL. SERVICES RFP NO. 02-02 PROPOSAL SIGNATURE Company Name: _ Br wn and Salzman &Weiss P.A. Address: 225 E. Robinson Street; Suite 660 City Orlando State: Florida Zip: 32801 Telephone: (407) 425-9566 Fax: (407) 425-9596 E -Mail: Firm orlandolaw.net Website Address: www.orlandolaw.net Type of Business (Corporation, Partnership, Other -- Specify): P.A. - Professional Association Tax ID Number (EINISSN): 59-3372519 CERTIFICATION The undersigned hereby confirms as follows: 1. 1 am a duly authorized agent of the Law Firm submitting the proposal; 2. 1 have read the Proposal in its entirety and fully understand and accept these terms unless specific variations have been expressly listed below. 3. My firm, Brown Ward, Salzman & Weiss, P.A. agrees to hold all prices, terms and conditions firm for acceptance for ninety (90) calendar days following the date and time of the bid opening. VARIATIONS The Proposer shall identify all variations and exceptions taken to this Request for Proposal in the space provided below unless such variation is expressly prohibited in the RFP documents. If no variations are listed here, it is understood that the Proposer fully complies with the terms and conditions. It is further understood that such variations may be cause for determining that the proposal is non-responsive and ineligible for award: Section Variance Section Section Variance Variance Attach additional sheets as necessary. n By: _ 4-, __ . Manual Signature of Agent Anthony A. Garganese Typed/Printed Name, of Agent Date Vice President Title of Agent Proposals without the manual and original signature of an authorized agent of the Proposer shall be deemed non-responsive and ineligible for selection. 9 CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL for r- CITY ATTORNEY -- PROFESSIONAL LEGAL SERVICES r- RFP NO. 02-02 INDEMNIFICATION AND INSURANCE REQUIREMENTS The successful bidder agrees to comply with all Federal, State and Local laws and regulations applicable to itself, its employees, agents or subcontractors, if any, with respect to the work and services provided. The successful bidder must maintain Worker's Compensation insurance as required by State of Florida statutes. The following are required types and minimum limits of insurance coverage that the Proposer agrees to maintain during the term of this Contract.- COVERAGE ontract: COVERAGE MINIMUM LIMITS General Liability and Auto Liability $500,000 per incident Professional Liability and E&O (if applicable) $500,000 Worker's Compensation Statutory All insurers must be licensed in the State of Florida and have, at a minimum, a policy holders' rating of "A", and a financial class of "VIl" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Proposer's insurance policies must be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contract shall specify that the Proposer will indemnify and save harmless and defend the City, their agents, servants and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the Proposer, its agents, servants or employees in the performance of its services. 10 Meeting Type. Regular Meeting Date 01-21-03 - AGENDA REPORT AGENDA Heading ordinances -2"d Public_ Summary Explanation & Background: Hearing Item 3 No. Letter from Assistant City Attorney dated 12-12-02; Ordinance No. 01-2003 CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2003, AMENDING THE CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 54-3 ENTITLED FIRES RESTRICTED DEPT./DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider adoption of Ordinance No. 01-2003, amending the City code by adopting a new Section 54-3, Open Fires Restricted. Summary Explanation & Background: Fire Chief Dave Sargeant provided information on this issue. City Council had requested regulations for open fires on the beach. I recommend approval. Exhibits Attached: Letter from Assistant City Attorney dated 12-12-02; Ordinance No. 01-2003 City M fWOffice 3page Department FIRE DEPARTMENT/PUBLIC SAFETY - im\myd come in\counci inq\2003\01-21-03\01-2003.doc BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. Brown ' Offices in Orlando, Kissimmee, Debra S. Babb Suzanne D'AgresW Cocoa & Viera Jeffrey P. Buak Anthony A. Garganese° John U. Biedenham, Jr, Gary S. Salzman* Joseph E. Blitch John H. Ward' Jennifer A. Michael Jeffrey S. Weiss Todd K. Norman Michelle A. Reddin Vincent E. Scarlatos 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law December 12, 2002 Bennett Boucher, City Manager City Of Cape Canaveral 105 Palk Avenue Cape Canaveral, FL 32920 Re: Ordinance - Beach Bonfires City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed herewith for your review and consideration an ordinance amending the City Code regarding bonfires on the beach and in public parkswithin the City. We have reviewed both the NFPA 1, Fire Prevention Code, and NFPA 101, Life Safety Code, as well as the Florida Fire Prevention Code (which is essentially a combination of the above two codes) and Chapter 633 of the Florida Statutes. These codes and regulations primarily relate to buildings and structures, specifically providing minimum requirements necessary to establish a reasonable level of fire safety and property protection. Section 3-4 of the NFPA 1 is the only place these codes or regulations discuss open outdoorfires. NFPA provides local jurisdictions with the ability to permit such fires, provided such fires are at least fifty (50') feet from any structure, the fire is not abandoned, there is an ability to extinguish the fire. (Section 3-4.2 & 3-4.3, NFPA 1, 2000 edition) Additionally, local jurisdictions further have the authority to prohibit such fires where there are atmospheric conditions or local circumstances which make such a fire hazardous. (Section 3-4.4, NFPA 1, 2000 edition) 225 East Robinson Street, Suite 660 - P.O. Box 2873 - Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net - Email: firm@orlandolaw.net Bennett Boucher, City Manager December 12, 2002 Page 2 Notwithstanding the foregoing, municipalities have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (Section 2(b), Article VIII, Florida Constitution) The Florida Attorney General has recently opined that a beach management ordinance, which among otherthings regulated open fires, was within the home rule powers of the City of Destin for the protection of the public health, safety, and welfare of its Citizens, provided however, the regulation had a "...rational relation to, and is reasonably designed to accomplish, a purpose necessary for the protection of the public." Florida Attorney General Opinion 2002-38, at 3 The proposed ordinance amends the current "beach activities" section under Chapter 14, Animals, and adopts a new section in Chapter 54, Parks and Recreation. The new code, Section 54-3 restricts fires on the beaches and public parks within the City, but leaves open the possibility that the City may wish to provide facilities or hold events where such an open fire may be desirous. With the amendment to Chapter 14, notwithstanding the restrictions to beach fires, for the protection of sea turtles fires are prohibited during certain time frames, not only on the beach, but on adjacent private property. We believe this ordinance effectively restricts private individuals from holding a bon fire on the beach or public park, unless the City consents through the provision of facilities, but even if such facilities are provided, there shall be no fires during the nesting season of the turtles. If you have any questions please do not hesitate to call our offices. Very truly yours, Jeffy P. Buak, Esquire JPBIjd Enclosure: Ordinance cc: Chief David Sargeant (w/enols.) FALawyerljef \CRy of Cape Canavera]\Correspondence%Boucher_Beach_ Fires_Ltr121202.wpd ORDINANCE NO. 01-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 543 ENTITLED FIRES RESTRICTED; PROVIDING FOR TAE RESTRIMON OF FIRES ON OR OVER. THE BEACHES, PUBLIC PARKS AND FUBLIC RECREATIONAL LANDS IN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited bylaw-, and WHEREAS, the tranquility, and orderly and safe use of beaches and public parks, is of a prime importance to the City, its citizens and visitors; and WHEREAS, the City Council believes bonfires or other open burning on or over the beaches, and public parks would create property, public safety and environmental hazards; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as rollows., Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That section 14-58 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in section 14-58. It is intended that the text in section 14-58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing; prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 01-2003 Fagc 1 of 3 Sec. 14-59. Beach activities. (a) Firesalthough otherwise restricted on. over. or uoon the City's beaches in Chaster 54, shall be prohibited within llw jurisdictional boundaries of this article when such fires are visible from the beach from 9:00 p.m. until 7:00 a.m. during the period of May 1 to October 31 of each year, Section . Code Adoption. That section 54-3, entitled Open Fires Restricted, is hereby adopted as follows: (underlined type indicates additions to Article I, Chapter 54 of the City Code.) Sec, 54-3. Oen fires restricted. NoRerson shall_ ignite _ or participate in uniting an open fire in on or over the beaches Q public parks within the C& Qf Cape Canaveral including camp fires and bonfires. -Notwithstanding the forepoinglighting a fire for the purpose ofcoolungispermitted provided such fire is contained wholly within a container or device manufactured for cooking nurooses and annrov_e"v the Citv's Fire Chief See, 54-43-25. Reserved. Sec ' n 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prier inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section S. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed Or modified as necessary to effectuate the foregoing. Section G. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not. affect the validity of the remaining portions of this ordinance Section 7. Effective Date. This Ordinance shall become Otective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. Space left intentionally blank, adoption an next page.] City of Cape Canaveral Ordinance No. 01.2003 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. AI-I'EST SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only.- ANTHONY nly: ANTIMONY A. GARCANESE, City Attorney r':W—Orny #Ul400 k n&wmHp,Jlnw,—kp-r;nm„ iva.wpa ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverion City of Cape Canavcrat Otdinanu No. 01-2003 Page 3 of 3 Brown, Ward, Salzman & Weiss, P.A. 225 Last Robinson Street — Suile 660 Post Off ce Box 2873 Orlando, Florida 321302-2873 (407) 425-9566 (407) 425-9546 fox e-mail address: uxur ane•se�?a orlandolaw.net Date: January 10, 2003 To: Bennett Boucher, City Manager Fax: (321) 868-1224 From: Joan Flowers, Assistant to Anthony A. Garganese, City Attorney Pages (including this one): 4 Re: City of Cape Canaveral - File No. 513-001 Comments: Ordinance 01-2003, Fires Restricted, is attached with revisions pursuant to the January 7, 2003, City Council meeting. If there are any questions regarding this fax, please call.loan at (407) 425-9566. I his facsimile message is attorney/client privileged material and is, accordingly, ronfrdential. 7 hi.s message is intended only for the individual or entity named above. ly the: receiver of this message is not the intended recipient, please be advised that any dissemmation, distribution, or copying of thi.v communication is strictly prohibited If you have received this communication in error, please notify us by telephone immediately and return the original message to the aboveaddress via the 11. S, NfW Yhank you. Meeting Type: Regular Meeting pate 01-21-03 AGENDA Heading Discussion Item 4 No, stormwater utility ordinance and components need to be completed by the end of February. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: STORMWATER UTILITY DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council review and comment on the proposed budgets for the stormwater utility. Summary Explanation & Background: See attached memo. Additionally, Mr. Bob Day of the St. Johns Water Management District stated that the City could start the billing at a later date; for example, 10/01/03 or 01/01/04 or whatever time frame City Council desires. The adoption of the stormwater utility ordinance and components need to be completed by the end of February. Please advise. Exhibits Attached: Proposed budgets and draft FDEP permit CityMan 's Office Department PUBLIC WORKS c-dp,e Mmydocu�\council\meeting\2063\61-21-03\stormwater.doc Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From: BENNETT C. BOUCHER, CITY MANAGER Date: 1/14/2003 Re: STORMWATER UTILITY— DRAFT BUDGET Staff worked on developing a budget based on a $3.00 per month ERU billing. This budget includes funding for a full time stormwater utility coordinator, an operating budget with some maintenance activities such as street sweeping, catch basis cleaning, inspection and cleaning of storm pipe and funding of FDEP permit requirements such as public education and ordinance development. The following is base line information on the existing stonnwater system and projected maintenance costs: Approximately 49,625 LF of storm sewer pipe of various sizes * Cost to TV and inspect: $ 64,570 * Cost to clean: $325,920 There are 377 storm sewer catch basins that have to be cleaned annually at a cost of $9,425. Cleaning of river outfalls is projected at $135,000. Annual street sweeping is $8,400. Additionally, funds of $100,000 per year will be allocated for capital improvements to the Banana River drainage outfalls. Staff also prepared a $4.00 and $5.00 per month ERU billing budget for a comparison. The $3.00 per month ERU budget and setting aside $50,000 per year would take approximately eight years to completely inspect and clean the existing stomp sewer system. Staff has also prepared a draft of the FDEP stormwater permit that the City must submit by early March 2003. This permit outlines all the required best management programs the City must implement. Once the $3.00 per month billing is implemented, the billing can be amended by City Council, if needed, to fund additional maintenance programs and capital projects. 0 Page 1 Our town meeting is scheduled for 01128103 at 4 p.m. and 7 p.m. at the Cape Canaveral Public Library. The $3.00 per month ERU billing, the related FDEP best management practices, maintenance activities and capital projects will be discussed in a question and answer format. BCB:kmm 0 Page 2 City of Cape Canaveral Stormwater Utility Fact Sheet Summary of Rate Model The base equivalent residential unit (ERU) has been defined as a residential condominium parcel. The residential condominium parcel was chosen, as they constitute approximately 59 percent of the total 6,161 Tax Parcels located within the City. The average impervious area associated with a residential condominium unit is 2,074 square feet. Therefore, an ERU is defined as 2,074 square feet of impervious service. The various rate class used for the Stormwater utility are defined in Table 1. Table 1 - Stormwater Utility Rate Classes Rate Class Derinition Residential Condominium Units 1.0 ERU Single Family Parcels 1.0 FRU Mobile Home Parcels 0.5 ERU Trailer Park Parcels 0.79 * # Units = ERU General Parcels Commercial etc, Site Impervious Area 12,074 SF — ERU Mitigation Credits The St, Johns River Water Management District criteria were reviewed with respect to water quality (pollution abatement), rate (attenuation of flow) and quantity (additional retention requirements). These data were then used to define standard mitigation credits for developments occurring within specified time periods. Table 2 summaries the recommended mitigation rates. Table 2 - Standard Mitigation Rates Year Quality 35% Rate 15% Quantity 35% Administration 15% Total NfkgOlon 1981-2003 80 76 20 0 46.4 1979-1981 80 0 0 0 28 Prior to1979 0 0 0 0 0 Estimated Stormwater Utility Fees Table 3 summarizes potential annual stormwater utility fees to be collected by the City. Table 3 — Stormwater Utility Fee Projected Annual Revenues # of ERU (unmitigated) # of ERU Revenue nvti ated $3/ERU/month Revenue $41ERU/month Revenue $5/ERU/month 10,096 8,020 $288,720 $384,960 $481,200 CITY OF CAPE CANAVERAL 2002-03 FISCAL YEAR BUDGET STORMWATER FUND 107-18-538. CODE DESCRIPTION PERSONAL SERVICES 1200 SALARIES & WAGES 1400 OVERTIME EXPENDITURES - Based on $3 per month billing 1998-99 1999-00 2000-01 2001-02 2002-03 % ACTUAL ACTUAL ACTUAL BUDGET PROJECTED CHANGE 40,040 NIA NIA 2100 FICA TAXES 3,063 NIA 2200 RETIREMENT CONTRIBUTION 2,803 N/A 2300 LIFE & HEALTH INSURANCE 4,046 NIA 2400 WORKERS COMPENSATION 3,606 NIA TOTAL PERSONAL SERVICES - - - - 53,558 NIA 5230 OPERATING EXPENSES - NIA 3100 ENGINEERING FEES 5,000 NIA 3120 LICENSE APPLICATION 500 N/A 3140 PHYSICALS 125 NIA 3400 CONTRACTUAL SERVICES 13,400 NIA 4000 TRAVEL & PER DIEM 500 NIA 4100 COMMUNICATIONS SERVICE 600 NIA 4200 POSTAGE 200 NIA 4500 GENERAL INSURANCE 3,000 NIA 4610 SYSTEM MAINTENANCE 69,746 NIA 4620 EQUIPMENT MAINTENANCE 700 NIA 4800 PUBLIC EDUCATION 5,000 NIA 5100 OFFICE SUPPLIES 500 NIA 5200 OPERATING SUPPLIES 1,000 NIA 5230 UNIFORMS & SHOES - NIA 5240 MOTOR FUEL 500 NIA 5250 SMALL TOOLS 750 NIA 5400 MEMBERSHIPS & TRAINING 2,000 NIA 5900 DEPRECIATION EXPENSE NIA TOTAL OPERATING EXPENSES - - - - 103,521 NIA CAPITAL OUTLAY 6300 IMPROVEMENTS OTHER THAN BUILD. 100,000 NIA 6400 MACHINERY & EQUIPMENT 20,200 N/A TOTAL CAPITAL OUTLAY - - - - 120,200 NIA NON -DEPARTMENTAL 7100 DEBT SERVICE 11,930 NIA 9900 CONTINGENCY (0) NIA AL TOTAL STORMWATER FUND - - - - 289,209 NIA CITY OF CAPE CANAVERAL 2002-03 FISCAL YEAR BUDGET STORMWATER FUND 107-18-538. JCODF4 DESCRIPTION DETAILED JUSTIFICATION PERSONAL SERVICES: 1200 SALARIES & WAGES STORMWATER COORDINATOR 40,040 TOTAL SALARIES & WAGES $ 40,040 2100 F.I.C.A. TAXES EMPLOYEE PAYROLL TAXES (7.65%) PAID BY THE CITY. 2200 RETIREMENT CONTRIBUTION A BENEFIT OF 7% OF REGULAR ANNUAL WAGE INVESTED IN THE FLOC PENSION PLAN EACH YEAR FOR ALL FULL MAINTENANCE OF UTILITY INFRASTRUCTURE. TIME EMPLOYEES WHO HAVE WORKED FOR THE CITY LICENSE APPLICATION FOR A MINIMUM OF ONE YEAR. AN EMPLOYEE IS FULLY VESTED WHEN HE/SHE HAS BEEN WITH THE CITY A FULL REQUIRED FDEP LICENSES. 5 YEARS. 2300 LIFE & HEALTH INSURANCE THE CITY PROVIDES HEALTH AND LIFE INSURANCE FOR 3400 FULL TIME EMPLOYEES. 2400 WORKER'S COMPENSATION WORKER'S COMPENSATION INSURANCE 1S HELD THROUGH THE FLOC. OPERATING EXPENSES: 3100 ENGINEERING FEES ENGINEERING SERVICES REQUIRED FOR PLANNING AND MAINTENANCE OF UTILITY INFRASTRUCTURE. 3120 LICENSE APPLICATION EXPENDITURES REQUIRED TO SUBMIT APPLICATION FOR REQUIRED FDEP LICENSES. 3140 PHYSICALS PRE-EMPLOYMENT PHYSICALS 3400 CONTRACT SERVICES LEGAL FEES FOR ORDINANCE DEVELOPMENT, AND STREET SWEEPING. 4000 TRAVEL & PER DIEM MEALS AND MILEAGE FOR EMPLOYEES WHILE ATTENDING VOCATIONAL SEMINARS. 4100 COMMUNICATIONS SERVICE TELEPHONE SERVICES 4200 POSTAGE POSTAL SERVICE. 4500 GENERAL INSURANCE COMPREHENSIVE BUSINESS, PROPERTY, AND LIABILITY INSURANCE. 4610 SYSTEM MAINTENANCE REPAIRS AND MAINTENANCE TO THE STORMWATER SYSTEM 4620 EQUIPMENT MAINTENANCE EQUIPMENT AND VEHICLE REPAIR. 4800 PUBLIC EDUCATION PUBLIC EDUCATION AND RELATIONS REQUIRED BY THE STATE AS PART OF THE UTILITY. THIS MAY INCLUDE, BUT IS NOT LIMITED TO TOWN MEETINGS, MAILINGS AND WEB SITE INFORMATION. 5100 OFFICE SUPPLIES OFFICE SUPPLIES. 5200 OPERATING SUPPLIES GENERAL SUPPLIES NEEDED FOR OPERATION. 5230 UNIFORMS & SHOES UNIFORM SERVICE AND SAFETY SHOES FOR EMPLOYEES 5240 MOTOR FUEL FUEL AND OIL FOR VEHICLE AND EQUIPMENT. 5250 SMALL TOOLS HAND AND ELECTRIC TOOLS. 5400 MEMBERSHIPS & TRAINING REGISTRATION FEES FOR VOCATIONAL SEMINAR AND TRAININGIRESOURCE MANUALS FOR EMPLOYEE. 6300 IMPROVEMENTS OTHER CONSTRUCTION OF BAFFLE BOXES AND OTHER INFRA - THAN BUILDING STRUCTURE IMPROVEMENTS THAT INCREASE THE EFFECTIVE- NESS OF THE STORMWATER SYSTEM. 6400 MACHINERY & EQUIPMENT Pick up truck - $18,000 Computer & Workstation - $2,200 7100 DEBT SERVICE REPAYMENT OF STARTUP COSTS AND INITIAL INFRASTRUCTURE CONSTRUCTION PROVIDED BY BOTH THE GENERAL FUND AND SEWER ENTERPRISE FUNDS. $56,389 Due 9900 CONTINGENCY UNDESIGNATED EXPENSES DERIVED FROM ADDITIONAL AVAILABLE RESOURCES. CITY OF CAPE CANAVERAL 2002-03 FISCAL YEAR BUDGET STORMWATER FUND 107-18-538. CODE DESCRIPTION EXPENDITURES - BASED ON $4 per month billing 1998-99 1999-00 2000-01 2001-02 2002-03 % ACTUAL ACTUAL ACTUAL BUDGET PROJECTED CHANGE 1200 1400 2100 2200 2300 2400 PERSONAL SERVICES SALARIES & WAGES OVERTIME FICA TAXES RETIREMENT CONTRIBUTION LIFE & HEALTH INSURANCE WORKERS COMPENSATION 40,040 - 3,063 2,803 4,046 3,606 NIA NIA NIA NIA NIA NIA TOTAL PERSONAL SERVICES - - - - 53,558 NIA 5240 OPERATING EXPENSES 500 NIA 3100 ENGINEERING FEES 5,000 NIA 3120 LICENSE APPLICATION 500 NIA 3140 PHYSICALS 125 NIA 3400 CONTRACTUAL SERVICES 13,400 NIA 4000 TRAVEL & PER DIEM 500 NIA 4100 COMMUNICATIONS SERVICE 600 NIA 4200 POSTAGE 200 NIA 4500 GENERAL INSURANCE 3,000 NIA 4610 SYSTEM MAINTENANCE 147,500 NIA 4620 EQUIPMENT MAINTENANCE 700 NIA 4800 PUBLIC EDUCATION 5,000 NIA 5100 OFFICE SUPPLIES 500 NIA 5200 OPERATING SUPPLIES 1,000 NIA 5230 UNIFORMS & SHOES - NIA 5240 MOTOR FUEL 500 NIA 5250 SMALL TOOLS 750 NIA 5400 MEMBERSHIPS & TRAINING 2,000 NIA 5900 DEPRECIATION EXPENSE NIA TOTAL OPERATING EXPENSES - - - - 181,275 NIA CAPITAL OUTLAY 6300 IMPROVEMENTS OTHER THAN BUILD. 100,000 NIA 6400 MACHINERY & EQUIPMENT 20,200 NIA TOTAL CAPITAL OUTLAY - - - - 120,200 NIA NON -DEPARTMENTAL 7100 DEBT SERVICE 30,616 N/A 9900 CONTINGENCY (0) NIA TOTAL NON -DEPARTMENTAL - - - - 30,616 NIA TOTAL STORMWATER FUND - - - - 385,649 NIA 2 CITY OF CAPE CANAVERAL 2002-03 FISCAL YEAR BUDGET STORMWATER FUND 107-18-538. EXPENDITURES - Based on $5 per month billing CODE DESCRIPTION 1998-99 1999-00 2000-01 2001-02 2002-03 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED % CHANGE 3100 PERSONAL SERVICES 5,000 NIA 1200 SALARIES & WAGES 40,040 NIA 1400 OVERTIME - NIA 2100 FICA TAXES 3,063 NIA 2200 RETIREMENT CONTRIBUTION 2,803 NIA 2300 LIFE & HEALTH INSURANCE 4,046 NIA 2400 WORKERS COMPENSATION 3,606 N/A TOTAL PERSONAL SERVICES - - - - 53,558 NIA CAPITAL OUTLAY 6300 IMPROVEMENTS OTHER THAN BUILD. 100,000 NIA 6400 MACHINERY & EQUIPMENT 20,200 NIA TOTAL CAPITAL OUTLAY - - - - 120,200 NIA NON -DEPARTMENTAL 7100 DEBT SERVICE 49,444 NIA 9900 CONTINGENCY (0) NIA TOTAL NON -DEPARTMENTAL - - - - 49,444 NIA TOTAL STORMWATER FUND - - - - 482,289 NIA 2 OPERATING EXPENSES 3100 ENGINEERING FEES 5,000 NIA 3120 LICENSE APPLICATION 500 NIA 3140 PHYSICALS 125 NIA 3400 CONTRACTUAL SERVICES 13,400 NIA 4000 TRAVEL & PER DIEM 500 NIA 4100 COMMUNICATIONS SERVICE 600 NIA 4200 POSTAGE 200 NIA 4500 GENERAL INSURANCE 3,000 NIA 4610 SYSTEM MAINTENANCE 225,000 NIA 4620 EQUIPMENT MAINTENANCE 700 NIA 4800 PUBLIC EDUCATION 5,000 NIA 5100 OFFICE SUPPLIES 500 NIA 5200 OPERATING SUPPLIES 1,000 NIA 5230 UNIFORMS & SHOES 312 NIA 5240 MOTOR FUEL 500 NIA 5250 SMALL TOOLS 750 NIA 5400 MEMBERSHIPS & TRAINING 2,000 NIA 5900 DEPRECIATION EXPENSE NIA TOTAL OPERATING EXPENSES - - - - 259,087 NIA CAPITAL OUTLAY 6300 IMPROVEMENTS OTHER THAN BUILD. 100,000 NIA 6400 MACHINERY & EQUIPMENT 20,200 NIA TOTAL CAPITAL OUTLAY - - - - 120,200 NIA NON -DEPARTMENTAL 7100 DEBT SERVICE 49,444 NIA 9900 CONTINGENCY (0) NIA TOTAL NON -DEPARTMENTAL - - - - 49,444 NIA TOTAL STORMWATER FUND - - - - 482,289 NIA 2 UCTIONS For FDEP Internal Use Ong ***DRAFT*** Permit ID: FLR_ NOTICE OF INTENT TO USE THE GENERIC PERMIT FOR DISCHARGE OF STORMWATER FROM PHASE II MUNICIPAL SEPARATE STORM SEWER SYSTEMS (RULE 62-621.300(7)(b), F.A.C.) �NSTR . This NOI must be completed and submitted to the Department to authorize use of the Generic Submit N01, attachments, and Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems permit fee to: ("MS4 GP"), provided in Rule 62-621.300(7)(a), F.A.G. NPDES Stormwater Notices Center • The type of municipal separate storm sewer system that qualifies for coverage under the MS4 GP M.S. ##2510 and the applicable Phase II MS4 stormwater management program requirements are specified in Florida Department of the permit. You should familiarize yourself with the MS4 GP before completing this NOI. Environmental Protection Submit this fully completed NOI, required attachments, and permit fee by mail to the address in 2600 Blair Stone Road the box above. Tallahassee, FL 32399-2400 + Please print or type information in the appropriate areas below and complete each section. SECTION 1. PHASE 11 MS4 OPERATOR INFORMATION A Name of the Phase II MS4 Operator: Cit of Ca e Canaveral B. Name of Phase II MS4 Responsible Authority: Bennett h Title: City Manager Mailin Address: 105 Polk Avenue City: Cape Canaveral ZjD Code: 32920 County: Brevard Telephone Number: ( 321 ) 868-1230 C. Designated Phase II MS4 stormwater management program contact: Name: Ed G@rdulqki Title: Public Works Director Department: Public Works Mailing Address: 601 Thurm Boulevard P.O. Box 326 city: Cape Canaveral Zip Code: 32920 County: Brevard Telephone Number. 321 868-1240 E-mail Address: ecTardulski0abellsouth.net D• Location of Phase II MS4 if different than the mailing address in Section I.C. above): Street Address: citv: Ca -pe Canaveral I Zip Code: 32920 County: Brevard E. Approximate center of the Phase It MS4: Latitude: 28 ° 23 ' 35 "N Longitude: 80 ° 37 03 W F. Phase II MS4 ownership status check one : ® Public State ❑ Federal G. Total resident population of the Phase 11 MS4: H. Name of the urbanized area the Phase II MS4 is located within (if applicable): City of Cape Canaveral I. Name of Water Management District the Phase II MS4 is located within (check one): ❑ Northwest Florida Water Management District ❑ Southwest Florida Water Management District ❑ 9uwanee River Water Management District ® St. John's River Water Management District ❑ South Florida Water Management District DRAFT DEP Form 62.621.300(7)(b), Effective [month] [day], [year) DO NOT USE THIS FORM --For Public Comment Only Page 1 of 6 SECTION•O You may rely on another enSty to satisfy some or all of ypur permitobligations if the conditions m Part lX of the MS4 GFS are met. `Another entity may implement one or more of the: measures and/or. a component of a. measure' on your behalf.. You may .rely on another entity to satisfy. ll permit _ obligations (including annual. reporting) but only if the entity is permitted under Chapter 62 624 FAC Note the following: q'" You will remain. responsible forcompliance'with.your permit.obligations I the:other entity(ies) fads.to implement the -control measures} ora carimponent thereof on your behalf. You must establish a written agreement:with the. other entity(ies) :before submitting this NO 1. Relying on another entity,. or entities, either partially or fully does not preclude you from the obligation to fully complete this. NOI, including the ' information required in Section IV. A..: 1. Has another entity, regulated under Chapter 62-624, F.A.C., agreed to implement all of your permit obligations on your behalf? ❑ Yes ® No If yes, complete Section 11. A. 2. If no, skip to Section 11, 8, 2. Name of Entity: Contact Name: Title: Department: Mailing Address: City: Zip Code: County: Telephone Number: E-mail Address: B. 1. Has another entity agreed to implement one or more of the minimum control measures (or a component thereof) on your behalf? ❑ Yes ® No If ves, complete Sections 11. B. 2. and ll. B. 3. see the note below for additional entities 2. Control measure(s) or component of a control measure to be implemented by other entity: 3. Name of Entity: Contact Name: Title: Department: Mailing Address: City: Zip Cade: =County: Telephone Number - E -mail Address: Note: For each additional entity sharing stormwater management program responsibilities with you, provide on a separate sheet the information requested in Sections 11.6.2. and II.B.3. Title the sheet "Section II.B.: Additional Entities Information" and attach it to this NOI. Identify the named receiving waterbodies to which your Phase 11 MS4 discharges. Include all such waterbodies known to you at the time of this application: Banana River DRAFT DEP Form 62-621.300(7)(b), Effective lmonthl [day], [year] DO NOT USE THIS FORM --For Public Comment Only Page 2 of 6 A.' Complete the Phase II MS4 Stormwater Management Program (SWMP) Elements Form in Appendix A for each minimum control measure described in Part VI. of the MS4 GP, except the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the permit. If you choose, however, to implement BMPs for the Post -construction measure, please complete a SWMP Elements Form for the measure. Include in the SWMP Elements Form all best management practices (BMPs) currently in place or planned for each element of each minimum control measure. There is no limit to the number of BMPs you may include. Make copies of the form as necessary to accommodate all of your BMPs. The completed forms, in their entirety, will be considered by the Department to be the outline of your proposed stormwater management program. Attach all completed forms to this N01. B. I Provide the total number of pages of SWMP Elements Forms that are attached to this NOI for each minimum control measure: Minimum Control Measure #of Pages Public Education and Outreach as to Stormwater Impacts 1 Public Involvement/Public Participation Illicit Discharge Detection and Elimination 1 Construction Site Stormwater Runoff Control 2 Post -construction Stormwater Management in New Development and Redevelopment 1 Pollution Prevention/Good Housekeeping for Municipal Operations 1 The following must be submitted to the Department along with your fully completed and signed NO[ (check if attached or if not applicable): Attached NIA ❑ The permit application fee, as prescribed by Rule 62-4.050(4)(d)(6), F.A.C. Make all check and money orders payable to the Florida Department of Environmental Protection. ❑ A fully completed Phase 11 MS4 Stormwater Management Program Elements Form (see Appendix A) for each minimum control measure except the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the MS4 GP. [] ❑ Additional entities information, as required under the note in Section II.B. of this NOI. The Responsible Authority listed in Section I.B. of this NO! must sign the following certification statement:' I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name of Phase 11 MS4 Responsible Authority (type or print): Title: Signature: Date (mmidd/year): ' Signatory requirements are contained in Rule 62-620.305, F.A.C. DRAFT DEP Form 62-621.300(7)(b), Effective [month) [day], (year] DO NOT USE THIS FORM --For Public Comment Only Page 3 of 6 m IN r..a O J O N V n) m c, N 3 v m 0 3 a� m rs CD c. 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(A) n- a n C n N s CD (D ov o 'D 0 3 9 :3 CD 0 `Y 7 O a o '0 U o N h 0 7 G O O Q � 0 c m � m m (D m m LD to V m +a m 0 m m r m A z T O 9 ❑❑ 4�w 0❑ m Ln v -v 00 5"0 �K CD o :. 3 o � G) p O 09 Q m 2 $ O -� rn m x7 m m m � m K S2 CA O 70 a m M n z a� O rn ro mz zX �a 0 ci m r m Z O Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From. BENNETT C. BOUCHER, CITY MANAGER Date: 1/14/2003 Ree QUARTERLY ACTIVITY REPORT —ANIMAL CONTROL This office processed 7 citizen requests for animal traps for the months of October, November and December, 2002 and was notified that a total of 10 animals were trapped as follows: 3 possums 1 cat 6 raccoons Ikmm 0 Page 1 01/10/2003 FRI 10:09 FAX 13216323078 1& 002 WASTE MANAGEMENT ' 3303 Lake Drive Cocoa, R- 32926 (321)636-6894 (321) 632-3078 Fax Bennett Boucher, City Manager City of Cape Canaveral 103 Polls Ave, Cape Canaveral, Florida 32520 Jumary 9, 2003 Re: Fourth Quarter 2002 Report Dear Mr. Boucher: Waste Management provided a total of 27 garbage collections, 13 green waste and 13 recycle collections to the single family residents. This equates to approximately 88.669 collections. In addition, service was provided to approximately 4,800 muni -family units, 45 commercial can customers, 90 commercial customers and 9 permanent rolloff accounts. A total of 42 documented concerns were received by the City during this time period and the breakdown is as follows: 10 garbage complaints, 3 recycle complaints, 18 green waste and 11 general /dumpster complaints. If you have any questions or need finther information, please feel free to contact me. sincerely, r 1ilggl0 Site Manager 2 01/10/2003 FRI 10:09 FAX 13216323078 WASTE MANAGEMENT COCOA HAULING 3303 LAKE DR. COCOA FL. 32926 321-636-6897 FAX 321-632-3078 FACSIMILE TRANSMITTAL SHEET TO. FROM: i0m p4dnbre James Tuggle COMPANY, DATE: City of Cape Canaveral 1/10/2003 FAX NUNBER TOTAL NO. OF PAGES INCLUDING COVER- OVER868-1224 868-1224 2 PHONE NUABERc SENDERS REFERENCE NUMBER. RE: Quarter 2{102 Report YOUR REFERENCE NUMBER: ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY C] PLEASE RECYCLE NOTESICOMMSNIS: (CLICK HERE AND TYPE RETURN ADDRESS] [A001 City Clerk/ Human Resource Office Quarterly Report, January 2003 HUMAN RESOURCES Position Vacancies: Building Oficial School Crossing Guard Plant Operator (Position approved in previous fiscal year) Environmental Analyst Building Department Secretary (Position approved 10/1/02) Utilities Maintenance Worker New Hires: Gregory Deines, Utilities Maintenance Worker Jane Scofield, Building Department Secretary Thomas "Todd" Holderfield, III, Environmental Analyst (in -Processing) Joseph Keegin, Plant Operator — Class B Licensed (in -Processing) _Resignations: Yvette Managan, Environmental Analyst Anne McElroy, School Crossing Guard Morris Reid, Building Oficial *AU resigning City employees are instructed through their Separation Letter to schedule an exit interview with Human Resources. At this time employees are given a questionnaire that helps management to evaluate its performance and to work toward enhancing employment with the City. Employee Activities • Governor's Municipal Mentoring Initiative Employees continue to assist at Cape View Elementary School as classroom helpers and reading buddies. To date there are five actively involved employees who spend one hour per week at the school. Risk Management • McLaughlin -- Injury Claim, Slip & Fail One liability claim was processed with the Florida League of Cities. An Adjustor assessed City Hall lobby where the incident occurred. All precautions had been taken prior to the injury; awaiting the League's final disposition. Union Negotiations • Union Negotiations concluded between the City and the International Union of Operating Engineers. Three articles to the Union Contract were agreed upon: o A 1.6% C.O.L. A. City Clerk/ human Resource Office Quarterly Report, January 2003 Page 2 o The 50 cents wage cap for merit increases was removed and employees with a performance evaluation of "very good" or better are able to obtain a higher percentage of wage increase. o The Health Insurance deduction remains at $7.32 cost to employee per pay period and the City and the Union agreed to re -open the Health Insurance Article in November upon receipt of annual renewal of premiums. • A Union Negotiation meeting was held on October 22nd to discuss impending health insurance rate increases. Attendees included Health Insurance Committee members; Kenneth Veenstra, Marianne Huston, Barbara Desno and Kim McIntire. Also present were Bennett Boucher, City Manager, Susan Stills, City Clerk, Jim Ingram, Business Manager for the Operating Engineers and Debra Amicarelli, independent consultant with Florida Benefits, Inc. • A Special City Council meeting on October 2e finalized the Health Insurance discussion and the 33 percent increase for medical coverage with Blue Crosst Blue Shield Health Options, Inc. was accepted, however the dental coverage with Boston Mutual was amended from an Indemnity [proposed 69 percent increase] to a PPO Plan 134 percent increase). Health Insurance • Open enrollment proceeded during the month of November this quarter for the City's medical, dental and AFLAC supplemental insurance coverage for all eligible City employees. Wage and Salary Pian • Ms. Stills distributed the new wage and salary rate schedules for the position classification under the Union and Non -Union titles concurrent with the new Cost of Living Adjustment increase. CITY CLERK'S OFFICE Elections • The Clerk's office assembled and distributed orientation materials to new Council member, Bob Hoog. All final reporting to State and County offices was completed and a final Campaign Treasurer's report for candidates is due on February 3, 2003. Information Management • Ms. Haas developed the Annual City calendar that displays photos of City locations as well as City Board meeting times and dates. Virginia welcomes digital photos taken at any City event throughout the year for this Annual publication. • Ms. Haas also published the City employee newsletter this quarter. • Canaveral Technigraphics processed historical City zoning maps into electronic format. They are available on CD -Rom. City Clerk/ Human Resource Office Quarterly Report, January 2003 Page 3 Ms. Haas continues to provide technical support to the E -Better Place Complaint Tracking System. As of the week of January I e there are 33 open requests. Virginia assisted Susan Chapman and .lane Scofield in learning how to obtain reports from the system since the Building Department received the second highest number of citizen complaints. The City Manager's office receives the highest number of citizen complaints, however Ms, McIntire is well versed in the system's operation. Web Site • Ms. Haas continues to maintain the City's web site with essential information. MEETINGS/SEMINARS/CONFERENCES • Ms. Haas attended her first year at the International Institute of Municipal Clerks Development Institute in West Palm Beach. • Ms. Stills attended a workshop sponsored by the South Brevard Society of Human Resource Management. The workshop entitled "Human Resources and Management, Creating a Winning Partnership" provided information on such topics as "Generations in the Workforce," "Documenting Family Medical Leave Act Provisions" and "The Virtual Workplace." PARKS & RECREATION DEPARTMENT QUARTERLY REPORT OCTOBER -DECEMBER 2003 Employees of the department busied themselves during the past quarter tending the tennis, racquetball and shuffleboard courts as well as the special Interest classes and community events. October brought the return of the Brevard County Skate Park to Cape Canaveral. Because there was a school holiday on the 1ST` we were able to have an additional day this time. The skate park set up on Thursday morning opened at 3:00 (after school) and was open ail day on the IS', 19' and 20". A report on participation is attached. The Monster Mash (street dance) was held in the Annex parking lot on October 30`. The sheriffs department and C.O.P.'s were of great assistance to us. A report is attached. November 1-, 2-& & 3- brought the annual Anniversary Racquetball Tournament. This tournament celebrated the 2r Anniversary of the Recreation Complex. We always get good support from the racquetball community for this event and some "high calibee challengers from throughout Central Florida. A complete report is attached. The annual Community Health Fair was held on November 13�. We had a variety of businesses and service providers as exhibitors as well as different agencies providing tests, checks and shots (flu & pneumonia) for those in the community who chose to avail themselves of the services & information offered. The final special community event of the quarter was the Holiday Tree Lighting Program which was attended by a "standing room only" crowd. The Cape "View Elementary School Chorus and Dickens Carolers performed. Santa Managed to find the kids, with the help of Chief Dave Sargeant. A report on this event is included. The Youth Center has been going strong. Mike is doing a good joh of having little In-house tournaments and oeassional holiday patties. Entry fee for their Christmas party was canned or non-perishable food items which were donated to the Sheriff's office for the food baskets for local needy families. Youth Center attendance: October - 627 (average of 23 per day) November - 397 (average of 27 per day) December - 624 (average 30 per day) Deputy John Hudgens from the sheriWs department PAL program attempted to organize a soccer program in December, with the play to begin in January, finishing before opening day ofthe Little League season. They were to use the ballfields at Canaveral City Park for practices and games. United Space Alliance Management Club held their seml4uumal clean up at Patriots Park on October S' They will have another in the spring. J &, S Curbing was contracted to pour the basketball court (half court) at Canaveral City Park. Projected completion - late January/early February. completion should be by late Engineering for the picnic pavilion/restrooms at Manatee Sanctuary Park was contracted in December. Upcoming special events include: February 13` - Gator Bill Presentation March S' - - Patriots Day Parade October T 7th thru Octo6er 20th, 2002 1 Thursday, October f 7th- Session l ftf participants (f 2 from Cape Canaveral Friday, October fSth- Session f l3 participants (f2 from Cape Canaveral Session 2 l3 participants (t2 from Cape Canaveral) Saturday, October 19th- Session l f2 participants (7 from Cape Canaveral Session 2 f6 participants (fS from Cape Canaveral Sunday, October 20th- Session t 22 participants ( f6 from Cape Canaveral Expense: Flyers 2.00 frim Le de- vetop ing f 0.77 $ t2.77 + staff time CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Sox 326 Cape Canaveral, Florida 32920 (321)868-1227 email: ts:trhatrcYeO lumet MONSTER MASH (Street Dane) OCTOBER 30, 2002 EXPENSES: D.J. $200.00 Prizes 14.77 Decorations 41.00 Treat. Bags (candy) 7.66 Flyers 9.20 TOTAL $ 272.63 + Staff Time + C.O.P. Volunteers & Sheriff Dept. Staff7ime AWLTMEES: 123 (approximately) CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 27'b ANNIVERSARY RACQUETBALL TOURNAMENT NOVEMBER I, 2 & 3, 2002 INCOME: Entry Fees (S4 Participants) $2350.00 $2350.00 Sponsors: Derman homes 100.00 State Auto Electric 100.00 Sunshine Welding 100.00 Southern Tape &. Label 100.00 Wardlow Ceramic Tile 100.00 Surf `N Skate 100.00 Rainmaker 100.00 Sea Ray Boats 100.00 11MS, Inc. 100.00 The Ra"piet Connection 100.00 T -Mart of Cocoa Reach .00 (discounted shirts $124.00) $ 3330.00 EXPENSES: Postage 26.47 Applications 21.00 Trophies 347.50 Golf Shirts ,(99) SS7 05 Racquetballs 112.77 Food & Supplies 214.11 Court Time (124 hours to Ree. Dept.) 310.00 Reproductions .41 $1919.3 Profit $1430.69 256 Retained by Recreation Department $337.67 75% To Tournament Directors 1073.02 (Mike D'Amico $536.51/Paul Owens $536.51) CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) S6S-1227 e -mall: pa$rk-p1''d'€"i#-lkn.net COMMITNITV HEALTH FAIR November 13, 2002 8:0011:00 a.m. PARTICIPANTS: SERVICES Brevard County Health Department - Flu & Pneumonia Shots WucsthoffHospital - Blood Tests Cape Canaveral Volunteer Fire Department - Blood Pressure Checks Beachside Chiropractic Clinic - Spinal Checks Affordable Hearing Aid - Hearing Screening INFORMATION Brevard Country Pharmacy Association Wachovia Bank Community Service Council Social Security Administration Florida KidCare R.S.V.P. Program Senior Life Of Florida Comforts ofthe Home Wuesthoff Hospital Senior Advantage Program Brevard County Sheriffs Department/Community Policing EXPENSES Flyers $ 4.70 Postage 11.84 TOTAL $16.34 + StafiTime Wachovia Bank, Cape Canaveral Branch, provided refreshments for the event. HOLIDAY TREE LIGHTING PROGRAM EXPENSES: Dickens Carolers Cookies Punch Poinsettias Candy Canes Flyers Postage DECEMBER 15, 2002 $250.00 20.00 11.37 35.00 3.90 14.00 3.70 X77.97 + staff time Communications Concepts, Inc. donated the setup and use of their sound equipment ($227.00) ATTENDANCE: 200 + Performers participating - 90 (Cape View Chorus & Dickens Carolers) TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: October, November and December 2002 DATE: January 14, 2003 PUBLIC WORKS ADMINISTRATION 1. Staff has prepared and distributed the Quarterly Concurrency Report for the first Quarter of 2003. 2. The new Cartegraph Software for Public Works has been received and will be loaded on the appropriate computers. This software will be used for equipment maintenance, work orders, inventory control, fleet maintenance tracking and other programs as required. Staff will be attending a seminar regarding this software and its' usage at the end of January. 3. Staff reviewed a total of 16 engineering plans ( 7 site Plans, 4 Re -Plat and 5 Special Exception.) 4. The following is a listing of training and certifications completed by the Public Works Department during the 1 st quarter of FY2003: • The Streets Department employees viewed a video regarding mixing pesticides during the week of 11/11/02. — 15 minutes • Mike Richart and Francis Daine, Streets Department, attended a Maintenance Trade Show in Orlando on 10/24. — 8 hours each • The Safety Committee viewed an informative video on MSDS sheets and safety signs. Five Public Works employees attended. —15 minutes A total of 19-1/4 hours of training was accomplished during this quarter. 0 Page 1 Quarterly Report for October, November, December January 8, 2003 Page 2 of 3 STREETS AND BEAUTIFICATION The Al A ped -way bridge construction project was started, but was put on hold due to a potable water line conflict. Cocoa Water is in the process relocating the potable water line. Anticipate construct to be completed sometime during February. 2. The Beautification Board wishes to take on the project of sprucing up City Hall, the Library and the Recreation Center with new landscaping. Presently, the landscape concept design has been completed for City Hall. Council approved the concept and authorized staff to move ahead with the development of the Bid Documentation. 3. The Holiday Beautification Award winner were: 380 Holman, Cape Shores and United Space Alliance. 4. AIA landscaping project is progressing. The City has received seven easement agreements for landscaping. Staff had meeting with VILA & SON Landscaping, Inc. in regard to a cooperative purchase for the landscaping of Al A. Purchase request approved by City Council. Pre -construction meeting scheduled for January 21". Landscaping will take approximately 30 days and scheduled to begin in February. 5. Special events and Holidays - Holiday decorations and new banners displayed along Al and Atlantic Ave. Veterans Day and the traveling Skate Park, Planted 1,100 poinsettias throughout the City for the holidays. 6. Responding to citizen's request to participate in the City's Adopt a Tree program, Staff Planted 15 Oak trees. 7. The City of Cape Canaveral will be receiving the FDOT permit to construct the sidewalk and drainage improvements along the West Side of AIA. Staff has requested quotes from contractors. 8. Orange Avenue Sidewalk planed for construction along the West Side of the street. Work is scheduled after the first of the New Year. 9. Beach End Landscaping: Received purchase order. Pre -construction meeting is scheduled for the week of January 20`i'. Project scheduled to take 25 days. Landscaping to commence in March. 10. The City received a storm water grant from SJRWMD for the design and constriction of a Baffle Box to be installed at the International Drive outfall. SSA is preparing the final design drawing. • Page 2 Quarterly Report for October, November, December 2002 January 8, 2003 Page 3 of 3 RECLAIMED WATER 1. Plant Production: October November December 1st Quarter Wastewater treated: 30.07 MG 28.80 MG 36.06 MG 94.94 MG Reuse Cape Canaveral 20.03 MG 10.86 MG 2.26 MG 33.15 MG Reuse Cocoa Beach 0.99 MG 0.00 MG 0.0 MG 0.99 MG Port Canaveral 3.73 MG 1.87 MG 1.93 MG 7.53 MG Total Reuse: 21.02 MG 12.73 MG 4.18 MG 37.93 MG River Discharge: 9.06 MG 16.06 MG 31.88 MG 57.00 MG Rainfall: 1.8 inches 3.38 inches 7.87 inches 13.05 inches Reclaimed Customers: 602 602 602 602 2. City Staff met with Brown and Caldwell concerning the reuse study report. The reuse model has been completed. The City staff has reviewed the engineering firm's draft report and has made comments. Brown and Caldwell is finalizing their report. 3. Brown and Caldwell have been tasked to perform plant maintenance. Work to be performed has been completed and staff is processing final invoicing. 4. Brown and Caldwell's final engineering report is pending, awaiting additional action by the Port to install testing wells required by DEP. Staff closed out purchase order. 5. The Sanitary Sewer Concurrency Capacity analysis is 14% Reserve, 28% Remaining, and 58% utilized. Design flow is 1,800,000 gals. The twelve-month average is 1,034,750 gallons. 6. Sanitary Sewer main relining by Griner's is scheduled to commence mid January. Griner's will be working along the following streets during the month of January: 1. Madison 2. Monroe 3. Washington 4. Taylor S. Jackson 6. Harrison 0 Page 3