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HomeMy WebLinkAboutHistory of Cape Canaveral Library 1966 - 2010 History of Cape Canaveral Library Item Description Exhibit# Ordinance 11-66 Established the Library Board 1 Adopted May 1966 Ordinance 42-85 Submitting to the electors a referendum question 2 Adopted September 1985 regarding the imposition of a special ad valorem tax for the construction maintenance and operation of a public library Resolution 86-46 Establishing a proposed millage rat 3 Adopted July 1986 (Library fund was .5 mills—to construct and maintain a library facility and if the County Commissioners discontinues financial support to the Cape Canaveral Library to fund the operation of the library. Ordinance 14-86 Establishing and imposing an ad valorem tax not to 4 Adopted July 1986 exceed .5 mill for the construction, maintenance and operation of a public library Resolution 88-4 Authorizing the Mayor and the City Clerk to enter into 5 Adopted February 1988 an agreement with the Brevard County Commissioners to provide library services Policy& Lease Agreement Establishing Policy for use of meeting/conference 6 Adopted March 1988 rooms&City Library Lease Agreement Resolution 88-26 Authorizing a loan from the general fund to the library 7 Adopted May 1988 fund; establishing ad Valorem Tax Revenue to be used for repayment Ordinance 51-93 Amending Subsection (A)of the Library board to 8 Adopted January 1994 require that members be registered voters Resolution 96-22 Entering into an inter-local agreement with Brevard 9 Adopted May 1996 County for the Construction of certain improvements to the Cape Canaveral Library Amendment to Agreement Amended the March 1, 1988 agreement 10 Adopted September 1998 2001 Correspondence Letters&e-mails from August 2001 to November 2001 11 regarding use of the meeting room Ordinance 12-2003 Amending City Code relating to Uniform procedures for 12 Adopted July 2003 Boards&Committees and amending the Library Board November 28, 2007 Letter from Regarding use of the meeting room. 13 the Library Board to the City Manager Second amendment Second amendment to the library lease agreement 14 August 18, 2009 Approval for Renovation s Agenda form and back up depicting the renovations 15 9/1/2009 and cost for same. January 21, 2010 Letter from Mayor Randels to Library Director Escapa 16 MICROFILMED 3.i3 8Q AMENDED . ---Q/30.--9-7.3 ORDINANCE NO. 7/- AN ORDINANCE ESTABLISHING A CITY LIBRARY BOARD; PROVIDING FOR REVENUE AND DONATIONS; RULES AND REGULATIONS PERTAINING TO FREE USE OF LIBRARY; MEMBERSHIP AND TERMS OF BOARD; PCWERS AND DUTIES OF BOARD; OFFICERS, MEETINGS AND QUORUM OF SAID LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. There is hereby established in the City a free public library for the use and enjoyment of the citizens and residents of the City, and the adjoining environs, including Brevard County, which shall be known as the Cape Canaveral Free Public Library. SECTION 2. There is hereby established a board of the City of Cape Canaveral to be known as the City Library Board. The City Library Board shall consist of five members, all of whom shall be appointed by the City Council. All five of said members shall be residents of the City of Cape Canaveral. Two of the said members shall be initially appointed for a term of one year, and the remainder of the members shall be initi- ally appointed for a term of two years. All appointments there- after shall be for a term of two years. The terms of all members appointed shall commence on May 11th, 1966 The City Council shall fill any vacancy occurring on the City Library Board by appointment and such appointment shall be for the unexpired term of the vacancy. SECTION 3. The City Library Board, as soon as practical after its appointment, shall meet and organize by electing one of its members chairman and shall also elect a secretary, who may be a member of the Board, and shall meet thereafter at some designated place at same designated date, but not less than twice a year, and oftener if necessary to carry into effect and operation its duties and powers hereby granted. A majority of the Board shall be necessary to constitute a ouorum for the PAGE I OF 3 MICROFILMED 3-13-80 transaction of business, but a smaller number may'adjourn from time to time. SECTION 4. The City Library Board shall make such rules and regulations for operation of a city library and establish such fines and rentals as it may deem proper, subject to City Council approval. All employees of the library shall come under the jurisdiction of the office of the City Manager and shall receive such benefits as are received by other employees of the City. The Library Board shall furnish annually, on or before September 1st of each year, an estimate of funds necessary for the operation of the library during the next fiscal year. Funds for the maintenance of the library shall be provided in the annual budget. SECTION 5. The City shall not be liable in any way' for any contracts made and entered into, for any acts done or undertakings begun or duties and liability made, assumed or created by the Board, unless it shall first obtain from the City Council its approval of and an appropriation made • by it for the specific contract made or entered into by it on the specific debt made, created, incurred or assumed. • SECTION 6. None of the powers, duties or prerogatives • of the Board shall be construed to be in any way a limitation upon the duties, powers and prerogatives of the City Council, but in every case shall be subordinate and subject to the approval of the City Council: SECTION 7. Any person may make any donation of money or lands for the benefit of the library, and the title of the property so donated shall be made to and vested in the Library Board and their successors in office. Such Board shall thereby become the owners thereof in trust to the uses of the public library of the City, all as provided in Section 167.31 of Florida Statutes, 1965. mirofilmed . SECTION 8. The Board of Directors of such `!'ibrary shall make such by-laws, rules and regulations for the government and control of the library or reading room as they may desire, but such by-laws, rules and regulations shall be subject to the amendment and approval of the City Council of the City. All Ordinances, or parts of Ordinances, in conflict with this ordinance are hereby repealed. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this ? day of May , 1966. -Mayor ATTEST: City Clerk - Approved as to Form: City Attorney First Reading - May 5, 1966 Second Reading • MICROFILMED AUG 87 ORDINANCE NO. 42-85 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A REFERENDUM QUESTION REGARDING THE IMPOSITION OF A SPECIAL AD VALOREM TAX FOR THE CON- STRUCTION, *MAINTENANCE AND OPERATION OF A PUBLIC LIBRARY; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has provided its citizens with a library for seventeen years; and WHEREAS, the City would like to continue to provide its citizenry with library facilities and would now like to provide a permanent facility to house the library; and WHEREAS, the City of Cape Canaveral is concerned about the future support of the Cape Canaveral Library by Brevard County; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Library Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the scheduled November 5, 1985 election. SECTION 2. The Library Referendum shall consist of one referendum question, which shall be in the following form: Library Referendum Question *Shall the City of Cape Canaveral, Florida, retain and levy an ad valorem tax of not to exceed .5 mill on all real property located within the City of Cape Canaveral, Florida, to construct and maintain a library facility in the City of Cape Canaveral and, if the Brevard County Board of County Commissioners discontinues financial support of the Cape Canaveral Library, to fund the operation of the library? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum pursuant to Florida Statutes. SECTION 4. All portions of the code in conflict herewith are hereby repealed. *Amended on First Reading ORDINANCE NO. 42-85 PAGE 1 OF 2 MICROFILMED AUG 87 SECTION 5. This ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of September , 1985. Wayne Rutherford Mayor ATTEST: Barbara Cascella City Clerk (Deputy) First Reading 9-3-85 Approved as to Form: Posted: 9-4-85 Advertised: 9-7-85 Second Reading: 9-17-85 Unreadable City Attorney NAME YES NO FISCHETTI X MARCHETTI - NICHOLAS X RUTHERFORD X WINCHESTER X ORDINANCE NO. 42-85 PAGE 2 OF 2 RESOLUTION NO. 86-46 A RESOLUTION ESTABLISHING A PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1987 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVID- ING AN EFFECTIVE DATE. WHEREAS, the electors of the City of Cape Canaveral approved by referendum at the General Election held on November 5, 1985, the imposition of an ad valorem tax for the construction, maintenance and operation of a public library; and WHEREAS, the City Council of the City of Cape Canaveral has established the tax by the adoption of Ordinance No. 14-86; and WHEREAS, the retirement of indebtedness for Storm Drainage by ad valorem taxes has been approved in referendum elections; and WHEREAS, the City Council wishes to impose said ad valorem taxes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City of Cape Canaveral, Florida, hereby establishes and imposes a proposed millage rate of .5 mill to construct and maintain a library facility in the City of Cape Canaveral and, if the Brevard County Board of County Commis- sioners discontinues financial support of the Cape Canaveral Library, to fund the operation of the library. This proposed ad valorem tax shall be levied upon the 1986 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 1986 and ending September 30, 1987. SECTION 2. The City of Cape Canaveral, Florida, hereby establishes and imposes a proposed millage rate of .415 mill for the retirement of indebtedness for Storm Drainage as approved in referendum elections, to be levied upon the 1986 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral, Florida. This proposed ad valorem tax levied hereby is to be used for the City's fiscal year beginning October 1, 1986 and ending September 30, 1987. RESOLUTION NO. 86-46 PAGE 1 OF 2 SECTION 3. The City Clerk is hereby directed to provide a certified copy of this Resolution to the Brevard County Property Appraiser. SECTION 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of July , 1986. Patrick Lee Mayor ATTEST: Janet Lesser City Clerk Approved as to Form: Unreadalbe City Attorney NAME YES NO FISCHETTI X KIDD X LEE X MARCHETTI X NICHOLAS X RESORPTION NO. 86-46 PAGE 2 OF 2 MICROFILMED AUG 87 ORDINANCE NO. 14-86 AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX NOT TO EXCEED .5 MILL ON ALL REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID TAX REVENUE SHALL BE APPROPRIATED FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A PUBLIC LIBRARY; PROVIDING THAT THE BREVARD COUNTY TAX COLLEC- TOR SHALL COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE. WHEREAS, the electors of the City of Cape Canaveral approved by referendum at the General Election held on November 5, 1985, the imposition of an ad valorem tax for the construction, maintenance and operation of a public library; and WHEREAS, the City Council of the City of Cape Canaveral wishes to impose said ad valorem tax; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. There is hereby established and imposed an ad valorem tax not to exceed a rate of .5 mill on the assessed value of all non-exempt real property located with the City of Cape Canaveral, Florida. Said tax shall be determined each year by Resolution adopted by the City Council. SECTION 2. For the purpose of this Ordinance, the valuation of said real property shall be the same as assessed by the Brevard County Property Appraiser. The determination of exempt property shall be made in accordance with Florida Law, and determined by the Brevard County Property Appraiser. SECTION 3. The Brevard County Tax Collector is hereby designated to collect the tax imposed by this Ordinance on behalf of the City of Cape Canaveral, Florida. Said tax shall be imposed annually and shall be collected by the Tax Collector, simultaneously with collection of the Brevard County ad valorem tax. SECTION 4. All taxes collected hereunder shall be appropriated for the construction and maintenance of a library facility in the City of Cape Canaveral and, if the Brevard County Board of County Commissioners discontinues financial support of the Cape Canaveral Library, to fund the operation of a library. ORDINANCE NO. 14-86 PAGE 1 OF 2 MICROFILMED AUG 87 SECTION 5. This Ordinance shall take effect immediately upon its adoption. The tax imposed hereunder shall initially be collected for the Fiscal Year beginning October 1, 1986. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of July , 1986. Patrick lee Mayor ATTEST: Janet Lesser First Reading 7-1-86 City Clerk Posted: 7-2-86 Advertised: 7-5-86 Approved as to Form: Second Reading: 7-15-86 Unreadable City Attorney NAME YES NO FISCHETTI X KIDD X LEE X MARCHETTI X NICHOLAS X RESOLUTION NO. 88-4 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIBRARY SERVICES TO THE CITY OF CAPE CANAVERAL; PROVID- ING AN EFFECTIVE DATE. BE IT RESOLVED, BY THE City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to execute an agreement with the Board of County Commissioners of Brevard County, Florida, for providing library services to the City of Cape Canaveral, Florida; a copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2 . This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of February, 1988. Patrick Lee Mayor ATTEST: Janet Lesser City Clerk Approved as to form: Unreadable City Attorney NAME YES NO HOOG X KIDD X LEE X MILLER X RANDELS X BREVARD COUNTY LIBRARY SYSTEM POLICY FOR USE OF MEETING/CONFERENCE ROOMS CAPE CANAVERAL PUBLIC LIBRARY 1. Library programs have priority over all other activ- ities, except for special City Council meetings as determined by the City of Cape Canaveral. Programs "co-sponsored" by the library are next in priority. "Co-sponsored" means that the library staff or "Friends" participates in planning and presenting programs of an educational and cultural nature. 2 . Meeting rooms are available for use by organizations which assume responsibility for the conduct of the programs and the care of the facilities. The room may not be used for profit- making purposes. Direct sales shall not be allowed on library premises. 3. All meetings must be open to the public within safety limitations. The library reserves the right to deny use of the meeting rooms. Meeting rooms are not available for partisan political activities, religious groups, or groups which have unlaw- fully discriminatory membership requirements. 4. No admission charge or request for donations shall be for any functions other than those under library sponsorship. In the case of any educational classes, instructor and material costs may be recovered. 5. Accidents must be reported immediately to a member of the staff. 6 . Meetings held during library hours must be over 15 minutes prior to closing time. In libraries where the meeting space can be closed off from the rest of the building, where it can be exited directly and equipment secured, meetings may run beyond closing time when detailed arrangements have been made and approved by the Library Director in advance of the meeting. 7. Light refreshments, such as cookies and cakes, may be served, but no cooking is allowed other than for hot beverages. The room must be left in the same condition and arrangement as prior to the use of the room. 8. SMOKING IS NOT PERMITTED. 9. No furniture or equipment may be brought into or removed from these rooms without prior written permission. The library is not responsible for equipment, supplies, exhibits, or other materials owned by a group and used in the library. The library does not provide storage space. 10. Organizations that consistently have less than 15 persons in attendance may be asked to relocate to another conference room. The meeting room may be reserved for groups of more than 15. 11. If the library meeting room is designated as a voting precinct, when an election is scheduled, it will pre-empt all scheduled meetings. Groups meeting on an election day will be informed of this in advance whenever possible. 12. The library retains the right to cancel a reservation for the meeting room with notice and for cause. If a program is cancelled, the library will make every effort to notify the group who had reserved the room. Groups holding reservations are requested to notify the Library Director of any cancellation. 13. Use of the meeting/conference rooms is a privilege. Any violation of these rules as determined by the Library Director will result in cancellation of the group's future meeting privi- lege as well as a financial assessment for damages incurred. The financial assessment for damages will be set by the Library Director. If the organization wishes to appeal the decision, they must contact the Library Services Manager. 14 . Any application for use of the meeting room must be completed and submitted prior to use of the library facility. 15. Use of library meeting rooms does not imply library endorsement of the aims, policies, or activities of any group. Approved this 1st day of March, 1988. BREVARD COUNTY LIBRARY CITY OF CAPE CANAVERAL SYSTEM SUE SCHMITT Mayor PATRICK LEE ATTEST: JANET LESSER CITY CLERK Please contact the City Clerk’s Office for assistance with accessing this document, thank you. LEASE AGREEMENTf THIS AGREEMENT, entered into this / day of "' I- _ "' 19 81), by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and the CITY OF CAPE CANAVERAL, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Board intends to establish a Countywide free public library system; and WHEREAS, the City owns the facility within which the Cape Canaveral Public Library is located; and WHEREAS, the residents of the City and the County will benefit from the operations of such a library; and WHEREAS, the City wishes to relinquish its obligations to operate such a library, and WHEREAS, the Board wishes to undertake the operation of such a library, and WHEREAS, the parties wish to define their responsibilities relating to the library. NOW, THEREFORE, for and in consideration of the mutual promises of the parties and the covenants and conditions herein contained, it is mutually agreed between the parties as follows: 1. The City leases to the Board for $1.00 per year that building located at 7400 Poinsetta Avenue, Cape Canaveral, Florida 32920, on the parcel of City property described below: Section 23, Township 24 South, Range 37E, Avon-by-the-Sea, Block 47, Lots 1-2-3, 9-10-11 2 . It is the intent of the parties that the Board shall have the primary control in accordance with this Agreement over all buildings, structures, facilities, library media and materials, furniture, equipment and other tangible property utilized for the operation and maintenance of the library. Policy for use of Meeting/Conference Rooms for said library shall be by mutual agreement between the Brevard County Library System and the City. -1- A list of all materials ( including books and media) , furniture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A". The Board shall have control of these items for such time as this Agreement is in effect. If the Board determines such material shall be disposed of or not be utilized for this library's purposes, the Board shall return such items to the City. 3. It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the library including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or earned by the City of Cape Canaveral, the City of Cape Canaveral Library Board and the Friends of the Library. These funds shall remain under the control of those . organizations. The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a seperate account and such funds shall be utilized solely for the library. 4. The Board hereby agrees to provide all payment for electricity, light, heat, power, water, telephone and other utility services required for the operation and maintenance of the library. 5. Pursuant to its right to control the facility, the Board reserves the right to make renovations and additions and deletions to the said buildings, structures, facilities and equipment, including, but not limited to, the roof, plumbing, heating and cooling systems, and all other utility systems and in all respects to deal with the facility in its sole discretion. Any work which would enlarge or expand the Library building or alter the exterior or interior walls would require prior City approval. 6. The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. -2- However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property or causes death or personal injury not covered by the insurance of the City. Further, the Board agrees to indemnify and hold the City, their sureties , insurors , successors, assigns and legal representatives harmless from any liability, claim, cause of action, demand or damages for such casualty, theft, accident, death or personal injury of any kind or nature to any third party or such third party's property as a result of the acts, whether intentional or negligent, or omissions of any of the Board ' s employees, independent contractors or agents. Any promises to indemnify, however, are limited on the basis that the Board is self-insured as permitted under Florida Statutues and rely on Florida Statute 768.28 which limits the County's liability to $100,000 per person, $200,000 per occurrence. 7. The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission of information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Manager. 8. The City shall be responsible for maintenance of the parking areas, walkways and grounds adjacent to and surrounding the library at its own expense and for providing public liability insurance consistent with the limits of coverage applied to all other City owned property. Proof of liability insurance shall be provided at the time of the signing of the agreement, and a copy delivered to the Contracts Manager within ten (10) days of the signing. The Board shall be responsible for the maintenance of -3- the structures including the interior and exterior of the structures. The City shall be responsible for maintenance of outside lighting, sprinkler system, underground water and wastewater lines, landscaping and approaches to the Library building. 9. This Agreement shall be for so long as the facility is maintained as a Public Library open to the public by the Board, except that either party may terminate this Agreement, without cause, upon one hundred eighty ( 180) days written notice to the other party. If this Agreement is breached, the non-breaching party may terminate the Agreement upon providing twenty-Four (24) hours written notice to the breaching party. However, said termination shall not affect the rights of the non-breaching party to pursue any remedies at law or equity that it may have. 10. This Agreement is not assignable. 11. No change, modification or waiver of any of the provisions or conditions of this Agreement shall be valid unless in writing, signed by a duly authorized representative for each party. Waiver or breach of this Agreement or failure to follow any provision of the Agreement shall not be deemed a waiver of any other or subsequent breach, and shall not be considered to be a modification of the terms of this Agreement. 12. This Agreement shall be governed by the Laws of Florida. In the event any portion of the contract is declared invalid, the remainder of the Agreement shall remain in force. 13. This Agreement represents the entire Agreement between the parties. 14. Notice under this Agreement may be given to the County by sending written notice to the Office of the County Administrator, 2235 North Courtenay Parkway, Merritt Island, FL 32953, and notice shall be given to the City by sending written notice to the City Manager, City of Cape Canaveral, P.O. Box 326, Cape Canaveral, FL 32920. -4- IN WITNESS WHEREOF, said parties have herein set their hands and seals the day and year first above written. ATTEST: CITY OF CAPE CANAVERAL CHERYL PAIG PATRICK LEE CITY CLERK (DEPUTY) MAYOR ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,;FLORIDA BY: SUE SCHMITT R. C. Winstead, Jr., CLERK C airman Sue Schmitt STATE OF FLORIDA CHAIRMAN COUNTY OF BREYARD THIS IS TO CERTIFY THAT THE IS A TRUE AND CORRECT COPY OF LEASE AGREEMENT WITNESS MY HAND OFFICIAL SEAL THIS 18TH DAY OF MARCH, 1988 R.C. WINSTEAD, JR. CLERK CIRCUIT COURT BY E. MCeLROY, D.C. MICROFILMED JUNE 89 RESOLUTION NO. 88-26 A RESOLUTION AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE LIBRARY FUND; ESTABLISHING AD VALOREM TAX REVENUE BE USED FOR REPAYMENT; ESTABLISHING INTEREST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the electors of the City of Cape Canaveral approved by referendum at the General Election held on November 5, 1985, the imposition of an ad valorem tax to construct and maintain a library facility; and WHEREAS, the City Council imposed an ad valorem tax not to exceed .5 mil by the adoption of Ordinance No. 14-86; and WHEREAS, said tax is now being collected and the amount of revenue collected from the imposition of the aforesaid ad valorem tax is $216,760.82; and WHEREAS, construction of the new Library building has already been initiated; and WHEREAS , the City Council is desirous of providing sufficient funding for the completion of the construction of the Library building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. A loan from the General Fund to the Library Capitol Projects Fund in the amount of $250,000.00 is hereby authorized. Revenue collected from the imposition of the ad valorem tax shall be used to repay the loan and any adminis- trative costs, with interest calculated at the current market commercial loan rate. SECTION 2. This Resolution shall become effective immediate- ly upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of May , 1988. PATRICK LEE MAYOR ATTEST: JANET LESSER CITY CLERK APPROVED AS TO FORM; UNREADABLE CITY ATTORNEY NAME YES NO HOOG X KIDD X LEE X MILLER X RANDELS X City of Cape Canaveral, Florida Combined Workshop & Regular Meeting r>__ January 4, 1994 Page 6 OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 49-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No. 50-93. Amending Section 263.04, Composition, of the City's Code of Ordinances to require that members of the Commercial Development Board be registered voters, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 263.04, COMPOSITION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT EACH MEMBER OF THE COMMERCIAL DEVELOPMENT BOARD BE A REGISTERED VOTER; CHANGING A REFERENCE IN SECTION 263.04 FROM SECTION 2 TO 263.02; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 50-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Ordinance No. 51-93. Amending Subsection (Al of Section 253.02. Library Board, of the City's Code of Ordinances to require that members of the Library Board be registered voters, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION (A) OF SECTION 253.02, LIBRARY BOARD, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT EACH MEMBER OF THE LIBRARY BOARD SHALL BE A REGISTERED VOTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 51-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Ordinance No. 52-93. Amending Section 257.02, Qualifications, of the City's Code of RESOLUTION NO. 96-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA;ENTERING INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE CAPE CANAVERAL LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral owns certain real property upon which it built the Cape Canaveral Public Library; and WHEREAS, the County wishes to construct an addition to and renovate the Library; and WHEREAS, the City is desirous of cooperating with the City in constructing additional library facilities and improvements at the Cape Canaveral Public Library site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City shall enter into that certain Interlocal Agreement in the form as attached hereto as Exhibit "A", and incorporated herein by reference. SECTION 2. This Resolution shall take effect upon adoption. ADOPTED BY the City Council of the City of Cape Can eral, Florida, this 7t ,.day of May, 1996. John K. Porter, MAYOR ATTEST: Sandra Sims C ITY CLERK NAME FOR AGAINST BRUNS ✓ NICHOLAS ✓ APPROVE AS TO FORM: PETSOS ✓ Kohn Bennett, CITY ATTORNEY PORTER ✓ RANDELS ✓ AGREEMENT THIS AGREEMENT, made and entered into this by and among the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County", the CITY OF CAPE CANAVERAL, a municipal corporation chartered under the laws of the state of Florida, hereinafter referred to as "City". WITNESSETH: WHEREAS, the County wishes to construct an addition to and renovate the Cape Canaveral Public Library; and WHEREAS, the City is desirous of cooperating with the County in constructing additional library facilities and improvements at the Cape Canaveral library site; and WHEREAS, the City desires to supplement the financial commitment of the County to construct a Cape Canaveral Public Library addition of approximately 6,020 square feet and 8,830 square feet renovation under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed among the parties as follows: 1 . Ue of Property. The County hereby agrees to construct a 6,020 square foot addition and 8,830 square feet renovation to the Cape Canaveral Public Library. 2. Purpose. The purpose of this Agreement is to permit the City to assist the County in funding the•construction of the Cape Canaveral Public Library. 3. Duties of the County. Contingent on the County using 75% of County allocated funds to begin construction of the new addition and renovation of the Cape Canaveral Public Library, then the City shall contribute to the County, within ten business days of the County's written request, the amount of One Hundred Twenty three Thousand Eight Hundred Seventy Dollars and no cents ($123,870.00), to be expended by the County for the construction of the Library. 4. Duties of the City. a. The County shall allocate Eight Hundred Fifty Eight Thousand, Nine Hundred Fifty Dollars and no/100 ($858,950) from the County's Library Services program as the County's portion of the project budget_ b. The County may establish fiscal controls as the County deems necessary to insure funds are expended in a prudent and efficient manner. c. Before expending any portion of the City's $123,870.00 contribution, the County must have fully expended the Eight Hundred Fifty Eight Thousand, Nine Hundred Fifty Dollars and no/100 ($858,950) allocated including additional County money, if any, that would otherwise be distributed 2 to the Cape Canaveral Public Library project fund by established methods, i.e., earned interest allocations, grant money or any other sources, including money received after the conclusion of the Cape Canaveral Public Library project if such distribution would be permitted by any relevant bond covenants that the County has entered into. In the event additional County money is distributed to the project fund, or the contingency fund is not exhausted, the City's $123.870.00 contribution shall be reduced or refunded accordingly. Upon project completion, any City funds not expended toward the construction project shall be returned to the City. There will be no interest bearing requirement for the time the County retains the City's contribution. d. The County shall maintain records of all monetary transactions entered into by the County with respect to the funds provided for in this Agreement. 5.Operation and Maintenance of the library. It is hereby mutually agreed that the County will fully fund the operation and maintenance of the Library, subject to the City's discretion at any time to contribute additional monies for such operation and maintenance, or to assist the County in raising funds for Library operations and maintenance. 6. Notice. Notice under this Agreement shall be given to the County by mailing written notice, postage prepaid, to the Office of the County 3 Manager, 2725 St. Johns Street, Viera, Florida 32940, and notice shall be given to the City by mailing • written notice, postage prepaid, to the 7. Covenants Against Assignment. The County shall not assign any portion of this Agreement, nor allow said Agreement to be assigned by operation of law without the express written approval of the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Sandy Crawford, Clerk Mark Cook, Chairman As approved by the Board on 5-21-96 ATTEST: CITY OF CA' CANAVERAL Unreadalbe Deputy City Clerk Mayor BR E VA R Copt BOARD OF COUNTY COMMISSIONERS FACILITIES CONSTRUCTION DIVISION Telephone(407)633-2098 2725 St.Johns Street,Building C,Floor 3 FAX(407)633-2101 Melbourne,FL 32940 June 17, 1996 City of Cape Canaveral Mr. Bennett Boucher, City Manager P.O. Box 326 Cape Canaveral, Florida 32920 RE: Cape Canaveral Public Library, #94-005 Resolution No. 96-22 and Interlocal Agreement File 1.11 Dear Mr. Boucher: The Board of County Commissioners, in regular session on May 21, 1996, executed the attached Interlocal Agreement with the City of Cape Canaveral for its contribution of$123,870.00. Enclosed is a fully executed Interlocal Agreement for your files. If you have any questions please do not hesitate to contact me at (407) 633-2098. Sincerely ' ' Josephi Vislay, Director Facilities Construction Division JRV:mb cc: Joan Van Sickle, Facilities Construction Division Kathryn Stewart, Library Services Department Director DISTRIBUTION MAYOR CITY COUNCIL CITY MGR ✓ CITY ATTY ✓ PUB WORKS DIR BUILDING OFF ✓ FINANCE DIR TRUMAN SCARBOROUGH,JR. RANDY O'BRIEN NANCY HIGGS MARK COOK SCOTT ELLIS District 1 District 2 District 3 District 4 District 5 TOM N.JENKINS SCOTT L.KNOX SANDY CRAWFORD County Administrator County Attorney Clerk PRINTED ON RECYCLED PAPER AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this 15 day of SPtemher , 1998, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as "City." WITNESSETH: WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City owns the original 9000 square foot facility within which the Cape Canaveral Public Library is located; and WHEREAS, the Board has constructed in conjunction with the City, a 6000 square foot addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the "Library Building" which is owned in its entirety by the City, and WHEREAS, the parties hereto desire to set forth and define their respective duties and responsibilities relating to the Library Building. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereby agree as follows: SECTION 1. That Paragraph 1 of the Agreement is amended to read: The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue, Cape Canaveral, Florida 32920. SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following language: A list of all materials (including books and media), furniture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A." And to read: The Board shall have control over all County-owned property for such time as this Agreement is in effect. SECTION 3. That Paragraph 3 of the Agreement is amended to read: It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the Library Building including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or earned by the City of Cape Canaveral and the Friends of the Library Theca funric shall remain1 inner the rnntrnl of those organizations, The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a separate account and such funds shall be utilized solely for such purposes as requested by the Library Director, and as approved by the Board or its designee. C:\FROM G DRIVE ADM IN\COUNCIL\MEETING\1998\06-16-98\CCAMEND.DOC-KB\rb 5d-98 1 SECTION 4. That Paragraph 6 of the Agreement is amended to read: The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. It being understood that the City shall maintain, at its sole expense, hazard, liability and extended insurance on the structure and its contents. However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property (structure and contents) or causes death or personal injury. SECTION 5. That Paragraph 7 of the Agreement is amended to read: The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission of information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Director. SECTION 6. That Paragraph 14 of the Agreement is amended to read: Notice under this Agreement may be given to the County be sending written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940. SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988, which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Sandy Crawford, Clerk BY: Helen Voltz, Chariman as apporved by the Board 09-15-1998 City of Cape Canaveral By: Rocky Randels Mayor Dated 29 June 1998 The foregoing instrument was acknowledge before me this 29th day of June 1998 by Rocky Randels of the city of Cape Cananveral who is personally known to me or who has produced (blank) as indentification. Unreadable but signed Notary SANDRA H.SIMS MY COMMISSION M CC 483565 EXPIRES:July24,1999 Bonded Thru Notary Public Underwriters (S E A L) Notary Name (typed, printed or stamped) My Commission No. My Commission Expires: C:FROM G DRIVE\ADMIN\COUNCIL\MEET INGV998\06-16-98\CCAMEND.DOC-KB\rb 5-6-98 3 BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS ec FLORIDA'S SPACE COAST 'Op.. ` C1 BREVARD COUNTY LIBRARY SERVICES \tS1 _ yiTiy/ 219 Indian River Drive,Cocoa,FL 32922-7781,Telephone(407)633-1801,Fax(407)633-1798 \ kOR1OP. September 22, 1998 Mr. Bennett Boucner City Manager City of Cape Canaveral P. 0. Box 326 Cape Canaveral, FL Dear Mr. Boucher: For your records, please find an original "Amendment to Agreement" that has all signatures. Thank you for your assistance in getting this processed. Sincerely, Kathryn A. Stewart Library Services Director PRINTED ON RECYCLED PAPER B R E VA RD COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST 4 BREVARD COUNTY LIBRARY SERVICES 219 Indian River Drive,Cocoa,FL 32922.7781,Telephone(407)633.1801,Fax(407)633-1798 Mr. Bennett C. Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 August 6, 2001 Dear Mr. Boucher; After careful consideration of your request for dual use of the meeting room at Cape Canaveral Library, I believe we cannot accommodate this request for the following reasons: The meeting room is used as a voting precinct -on Tuesdays, the same day your council meets. No meetings can be held in the meeting room on those days. The room is used by many community groups- last year it was used 1,046.5 hours,over 87 hours/month. Many groups need the meeting room to remain the size it is now. On many occasions we have groups that meet the occupancy requirements of the room and would be unhappy if that had to be lowered. Examples are the VFW's Annual Christmas party for the children; the Friends of the Library Book Sales;the Student Art Show. On Tuesday evenings,the library holds Children's Story Hours for the many parents who work and cannot attend story hours with their children during the day. These are extremely popular with the community. Parking for library patrons will be limited on Tuesdays when the Council meets and on all days whenever a city meeting would be held. If space were needed on a temporary basis,I am sure we could make arrangements. We will continue to cooperate with the City of Cape Canaveral in any way we can. Sincerely, / • Catherine Schweinsberg, Director Library services Department cc: Tom N. Jenkins, County11fanager TOTAL P.01 Bennett Boucher From: Bennett Boucher Sent: Tuesday, August 28, 2001 9:10 AM To: Tom. Jenkins (E-mail); 'cschwein@manatee.brev.lib.fl.us' Cc: Kim McIntire (E-mail) Subject: Cape Canaveral Library meeting room Hello Tom &Catherine, Thanks for your correspondence of 8-6-01 outlining your concerns about the city using the library meeting room on a regular basis. The city council reviewed your letter and they would like for the three of us to meet at the cape canaveral library to review the issues at hand. Also, if you can swing it, lunch is on me. Please get with Kim 868-1230, to set up a time and date. Thanks. Bennett Boucher City Manager City of Cape Canaveral 1 Bennett Boucher From: Cathy Schweinsberg [cschwein@manatee.brev.lib.fl.us] Sent: Tuesday, August 28, 2001 3:01 PM To: Bennett Boucher Subject: Re: Cape Canaveral Library meeting room Bennett: Carrie, Tom's secretary will get with Kim and then let me know when. Thanks. cjs Original Message From: Bennett Boucher<boucher-cape@cfl.rr.com> To: Tom. Jenkins (E-mail) <tom.jenkins©countygovt.brevard.fl.us>; 'cschwein@manatee.brev.lib.fl.us' <cschwein©manatee.brev.lib.fl.us> Cc: Kim McIntire (E-mail) <mcintire-cape@cfl.rr.com> Date: Tuesday, August 28, 2001 1:10 PM Subject: Cape Canaveral Library meeting room >Hello Tom & Catherine, >Thanks for your correspondence of 8-6-01 outlining your concerns >about the city using the library meeting room on a regular basis. >The city council reviewed your letter and they would like for the >three of us to meet at the cape canaveral library to review the issues at hand. >Also, if you can swing it, lunch is on me. >Please get with Kim 868-1230, to set up a time and date. >Thanks. >Bennett Boucher >City Manager >City of Cape Canaveral 1 Bennett Boucher From: Cathy Schweinsberg [cschwein@manatee.brev.lib.fl.us] Sent: Wednesday, November 28, 2001 12:19 PM To: Bennett Boucher Cc: tom.jenkins@countygovt.brevard.fl.us Subject: Re: Lease agreement-Cape Canaveral Library Bennett, At this time the Library Services Department does not concur with changing the Agreement with the City of Cape Canaveral and we are not supportive of a long-term use of the meeting room for conducting City Council meetings. As we have previously communicated we do not believe that proposed use is appropriate or compatable with the intent of providing a library and community room. We appreciate the outstanding working relationship we have with the City and hope this difference of opinion does not disrupt that relationship. Original Message From: "Bennett Boucher" <boucher-cape@cf1.rr.com> To: "Tom. Jenkins (E-mail) " <tom.jenkins@countygovt.brevard.fl.us>; "Cathy Schweinsberg (E-mail) " <cschwein@manatee.brev.lib.fl.us> Cc: "Kohn Bennett (E-mail) " <kbennett@amariandtheriac.com> Sent: Wednesday, November 28, 2001 10:01 AM Subject: Lease agreement - Cape Canaveral Library > Hello Tom and Cathy, > I would like to set up a meeting with you all and the city attorney to > discuss > amending the Cape Canaveral Library lease agreement. > The main topic of discussion is the utilization of the meeting room. > I understand your concerns and position on this matter, and > would like the opportunity to work out a plan so that both agencies can use > this facility > without conflicting schedules. > Thanks, > Bennett Boucher • City Manager > City of Cape Canaveral, Fl. > Phone 321.868.1230 > Fax 321.868.1224 > e-mail boucher-cape@cfl.rr.com 1 ORDINANCE NO. 12-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA,AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVillING 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 by law; and WHEREAS,the City Council desires to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and consistent procedures and requirements for the various city boards and committees, including but not limited to procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof,and for conducting board and committee business; 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 follows: City of Cape Canaveral Ordinance No. 12-2003 Page 1 of 17 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Chapter 2 Code Amendment. The City of Cape Canaveral Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikcout type indicates deletions,while asterisks (* * *)indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 - Administration * * * Article IV. Boards, Committees, Commissions Sec. 2-171. Uniform Procedures and Requirements. )a) Purpose and intent: Conflicts. The purpose and intent of thls'section is tb enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent any provision of this section conflicts with any other provision of this Code, it is the intent of the city council that the provisions of this section shall prevail. To the extent the provisions of this section are preempted by state or federal law, it is the intent of the city council that the provisions of state or federal law shall prevail. (b) Definitions. As used in this section,the terms or phrases listed in this subsection shall have the following meaning: (1) "Registered Voter" shall mean a person duly registered to vote in City of Cape Canaveral elections at all times while serving on a board or committee. "Resident" shall mean any person living within the city limits at all times while serving on a board or committee, and at least twelve (12) months prior to being nominated, elected or appointed to the board or committee. Isj Requirements of board and committee members.Any person nominated,elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: City of Cape Canaveral Ordinance No. I2-2003 Page 2 of 17 (1) Complete a board or committee application as prescribed by the city council; al Consent to a standard criminal background check. at the discretion of the city council; (3) Be a Resident and Registered Voter as defined by this section unless the city council by unanimous vote waives this requirement upon a determination that a vacancy on a board or committee must be filled by a person with specialized skills and training and a Resident and Registered Voter with such skills and training cannot be reasonably found to fill the vacancy. If said requirement is waived,the vacancy shall only be filled by a person who is a resident of the city or who owns a business or real property within the city; and (4) Have never been convicted or found guilty,regardless of adjudication,of a felony in any jurisdiction, unless their civil rights have been restored. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. (5) Complete interviews with the board or committee on Svhich the person is seeking appointment and with the city council. (d) Limitation on number of nonresidents serving on boards and committees. Notwithstanding the foregoing, the maximum number of persons not satisfying both the residency and registered voter requirements of this Section that can serve on a particular board or committee shall be equal to twenty-five percent(25%) of the total number of voting board or committee members allowed to be appointed or elected to that particular board or committee. (e) Appointment and removal ofmembers. All persons shall be appointed to,and removed from city boards and committees by majority vote of the city council and by resolution, unless otherwise provided in this Section. Board and committee members shall serve at the pleasure of the city council and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring, upon any person,any right or interest in serving on a board or committee including,but not limited, to a contract, liberty,property or vested right. f Term. All board and committee members shall be appointed to serve three-year terms and may be reappointed by the city council for subsequent three-year terms without limitation. Notwithstanding, the city council may appoint a member to a term of less than three years in order to stagger the terms of the entire board or committee. If a member is removed, or vacates their appointment for any reason.including death,excessive absence,or resignation. prior to the expiration of their term, the city council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. City of Cape Canaveral Ordinance No. 12-2003 Page 3 of 17 tg) Absences. Any board or committee member incurring five (5) consecutive absences from any regularly scheduled meeting of the board or committee,or seven(7) absences from any meeting of the board or committee within a twelve-month period. (starting with the last absence and counting backward).shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Any meeting which is cancelled. other than for a lack of a quorum. shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. However, if any board or committee is regularly scheduled to meet less than once per month, a board or committee member shall be automatically removed if the member fails to attend forty percent(40%)of the regularly scheduled meetings within a twelve-month period. (h) Compensation. All board and committee members shall serve without compensation,except as provided in the City Code for per diem subsistence and travel allowances for official travel. (i, Chairmanships. Each board and committee shall be responsibtle to elect,by majority vote of the members of each board or committee, a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their first regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or vice-chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at such other times as a majority of the members of any board or committee may determine 111 Rules and Procedures. The city council may adopt and amend, from time to time by resolution, general and quasi-judicial rules and procedures for boards and committees. All boards and committees shall at all time comply with the general rules and procedures, and when applicable,the quasi-judicial rules and procedures. A board or committee may adopt additional rules and procedures provided that such rules or procedures are supplementary in nature and not inconsistent with the rules and procedures adopted by the city council and any federal, state,or local law. Any rule or procedure adopted by the board or committee may be amended or repealed by the city council. (k) Quorum: board actions. A majority of the members of each board or committee shall constitute a quorum. The affirmative vote of the majority present shall be necessary for any board actions;provided,however, it shall take three(a)affirmative votes to pass or approve any action, unless a super-majority is otherwise required by local, state or federal law. Public meetings:minutes.All meetings of boards or committees shall be open to the public. The city manager shall designate a secretary,for each board or committee.whose duties shall City of Cape Canaveral Ordinance No. 12-2003 Page 4 of 17 include keeping minutes of all the meetings of the board or committee and recording the actions and/or recommendations of each board or committee,including showing the vote of each member upon each question or if absent or failing to vote indicating such fact. The city manager may appoint a board or committee member to serve as secretary. The city shall be custodian of all records of the boards or committees, and such records shall be maintained in the same manner as other city records. (m) Alternate members. At the discretion of the city council,two(2)alternate members maybe appointed to each city board or committee. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board or committee who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed as a regular board member,the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second'alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at the meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of the absent regular member, including the right to vote on any matter before the board at the meeting. In the absence of the first alternate board member from an official board meeting,the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at the meeting. (n) Ad Hoc Committees. The city council may create by resolution,from time to time,temporary ad hoc committees to serve a limited purpose. The resolution may exempt the committee from all or part of the requirements of this Section. (o) Interviews. Prior to a person being appointed to a board or committee, the person shall be interviewed, in person, by the board or committee on which the person is seeking appointment and by the city council. The board or committee shall make a recommendation to the city council on whether the person should be appointed to their respective board or committee based on the requirements of this Section. Secs. 2.17f2-2-180. Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 5 of 17 Sec. 2-181. Established, membership, terms, qualifications (a) A beautification board, which shall consist of seven members and two alternate members, is established. (b) All members of the beautification board shall be residents of the city for at least 12 months immediately preceeding appointment. Each board member shall be a registered voter. (c) The members of the beautification board shall be appointed by the city council, and the term of office of each member shall be for two years. The terms shall expire in the month of November of each year. All members shall serve at the pleasure of the city council. All vacancies shall be filled for the unexpired term by the city council. (c) The two alternates shall be restricted from voting except as specified in subsection (c) of this section. The two alternate members shall, when appointed by the city council, be designated as firs and second alternate members. At such time as the first alternate member loses his alternate status by leaving the board, or by appointment as a regular board member, the first alternate board member shall be that alternate board member with a longer service as an alternate board member. The remaining alternate board member shall be designated as the second alternate board member. (d) In the absence of a regular board member from an official board meeting, the first alternate board member shall assume all duties of the absent regular member, including the right to vote on any matter before the board. If two or more regular board members are absent from a board meeting, the second alternate member shall assume all the duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on all matters before the board at the meeting. Sec. 2-182. Meetings; bylaws; officers. . (a) Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. All regular meetings of the beautification board shall be open to the public. (b) The Board shall adopt its own bylaws and rules of procedure, which shall not be inconsistent with the laws of the state, the Charter of this Code, subject to approval by the City council. (c) The Board shall elect from its own members ac chairman and a vice-chairman and the officers shall serve for a term of one year or until their successors have been elected and qualified. City of Cape Canaveral Ordinance No. 12-2003 Page 6 of 17 Sec. 2-183. Absence from meetings Reserved. Any member of the beautification board missing two consecutive meetings without due notification to the board may be automatically removed from the board with council approval. * * * Section 3. Chapter 10 Code Repeal. The City of Cape Canaveral Code, Section 10- 27, is hereby repealed. * * * Section 4. Chapter 22 Code Amendment. The City of Cape Canaveral Code, Chapter 22, 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 Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 22 Community Development * * * Article II. Business and Cultural Development Board * * * Section 22-28. Composition;-qualifications. The business and cultural development board shall consist of five regular members and four alternate members. Sec.22-29.Term of Office Reserved. The members of the business and cultural development board shall be appointed by a majority vote of the city council for staggered terms of two years. Section 22-30.Vacancies Reserved. Vacancies occuring on the business and culutural development board shall be filled for the unexpired term by the City Council. City of Cape Canaveral Ordinance No. 12-2003 Page7of 17 Sec. 22-31. Removal Reserved. The city council, by majority vote, shall have the authority to remove any member of the business and cultural development board from office whenever, in its discrection, the best interes of the city shall be served. Sec. 22-32.Rules and procedures Reserved. The business and cultural development board shall adopt a set of rules to govern meetings and procedures, which shall be approved by the City Council. * * * Article III. Community Appearance Review * * * Sec. 22-37. Board established; membership; qualifications of members (a) Established. There is hereby established a community appearance board which shall consist of five members who shall serve without compensation and two alternate members who may participate in discussion, but may not vote unless subsituting for a voting member who is absent. Members of the board shall be appointed by majority vote of the City Council. Voting members hsall be appointed for staggered terms, the initial voting members shall serve the following terms; one member shall serve a term of one year, two members shall serve a term of two years and two members shall serve a terms of three years. Thereafter, all members shall be requested to serve a three year term. There shall be no restriction place upon the member of terms that an individual member may serve. Alternate members shall serve three year terms. (b) Removal, vacancy. Members may be removed by majority vote of the city council at will. A seat on the board shall be deemed vacant when a member has more that three consecutive abse4nces or five absences within a period of 12 months, or because of death, resignation; removal oor completion of the term of any member. A member seat vacated prior to the expiration of its term shall be filled for its unexpired term by majority vote of the City Council. (b)(c) Qualification. All members shall be residents of the city with the exception alllowing that one member or alternate member may be a non-resident. All members shall be qualified by reason of training or expertise in art, architecture, community planning, land development, real estate, landscape architecture or other relevant business or profession, or by reason of civic interest so as to be considered a sound judge of the aesthetic effect and impact upon City of Cape Canaveral Ordinance No. 12-2003 Page 8 of 17 property values,desirability,and the economic,social and cultural patterns of the community of a proposed building or structure on surrounding areas. Sec. 22-37. Rules of conduct of board business Reserved. The community appearance board shall comply with all rules and procedures adopted by the city council which relate to quasi-judicial boards. The community appearance board may adopt additional rules and procedures deemed necessary to the conducgt of its affaris, and in keeeping with the provisions of this article, providing such rules do not conflict with applicable rules adopted by the city countil. Three members shall constitute a quorum. The affirmative vote of the majority provided, however, it shall take three affirmative votes to pass or approve an application under scction 22-40. Sec. 22-39. Proceedings of the board. (a) At the initial meetings, and thereafter annually, the board shall elect a chairperson and a vice- chairperson. The officers may succeed themselves. The chairperson, or the vice-chairperson in his absence, shall conduct all proceedings in a orderly manner and provide a t least a minimum of due process to all interested parties. Meeting shall be held on the firs and third Monday of each month unless no business is presented to the board for a particular meeting. All board meeting shall be open to the public. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. A written record of the proceedings of the board shall be kept, showing its action on each question considered. Such record shall be filed with the office of the secretary of the board and shall be open for public inspection. (b) The city shall provide administrative, legal, architectural and other professional expert services deemed necessary for the board to perform its duties and obligations under this article. * * * Section 5. Chapter 46 Code Amendment. The City of Cape Canaveral Code, Chapter 46, 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 Chapter 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 46 - Library City of Cape Canaveral Ordinance No. 12-2003 Page 9 of 17 * * * • Article II. Library Board Sec. 46-26. Created, , (a) There is created a library board to consist of five members and two alternate members. Such membership shall serve at the pleasure of the city council and shall be appointed for tw-year terms by the City Council. all board members shall be residents of the city for at least 12 months immediately preceeding appointment. Each board member shall be a registered voter. (b) The terms hsall expire in the month of October of each year. (c) The board shall hold an organizational meeting at their November meeting each year and from their regular membership elect a chariman who shall hold office for a period of one year. Sec 46-27 Quorum; bylaws, rules and regulations; expenditures. (a) Three members of the library board shall be a quorum. They may make and adopt such by laws, rules and regulations for their own guidance and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city council. (b) The library board shall have exclusive control of expenditures of all monies collected or donated to the credit of the library fund. Sec. 46-28 Amendment of bylaws Reserved Any bylaw or regulation established by the library board may be amended by the city council. Sec. 46-29 Vacation of office Reserved If a member of the library board misses two out of three soncecutive regular meetings, the board may recommend to the city council tha the member's office be vacated. * * * Section 6. Chapter 54 Code Amendment. The City of Cape Canaveral Code, Chapter 54, 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 Chapter 54. It is intended that the text in Chapter 54 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. 12-2003 Page 10 of 17 Chapter 54 - Parks and Recreation * * * Article II. Recreation Board Sec. 54-26. Established. (a) There is created a recreation board to consist of seven members and two alternate members. Such membership shall serve at the pleasure of the city council and shall be appointed for two-year terms by the City Council. The terms shall expire in the month of October of each year. (b) Within 30 days after the appointment of the board, the board shall have an organization meeting, at which time the board shall ellect its chairman and any ohter officers whom it may designate. The chairman shall serve for a one-year term and the board shall elect its charman annually at it regualr meeting in November. (c) Each board member shall be a resident of the city for at least 12 month immediately preceeding appointment. Each board member shall be a registered voter. (d) The two alternates shall be restricted from voting, except as specified in subsection (f) of this section. (e) The two alternate members shall, when appointed by the city council, be designated as first and second alternate members. At such time as the first alternate member loses his alternate status by leaving the board or by appointment as a regular board member, the first alternate board member shall be the alternate board member with the longer service as an alternate board member. The next appointed alternate board member shall be designated as the second alternate board member. (f) In the absence of a regualr board member from an official board meeting, the first alternate board member shall assume all duties of the absent regular member, including the right to vote on any matter before the board. If two or more regular board members are absent from a board meeting, the second alternate member shall assume all the duties of an absent regular member, including the right ot vote on any magtter before the board at that meeting in the absence of the first alternaate board member form an official board meeting, the second alternate board memeber shall act in the place of the absent first alternate, including the right to vote on all matters before the board at that meeting. Sec. 54-27. Vacation of office Reserved. Any member of the recreation booard missing three consecutive meetings of 50 percent of the meetins in a 90-day period without due notification to the recreation board may be automatically City of Cape Canaveral Ordinance No. 12-2003 Paee 11 of 17 dropped from the board with council approval. * * * Section 7. Chapter 58 Code Amendment. The City of Cape Canaveral Code, Chapter 58, 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 Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 58 - Planning * * * Article II. Planning and Zoning Board Sec. 58-26. Established; organization; terms; chairman. . (a) The planning and zoning board is established. The members of the planning and zoning boaard shall serve without compensation. The board shall consist of seven five memberrs, five regular members shall have full voting rights. Two alternate members shall be restircted from voting, except as specified in section 58-32. (b) All terms of offtce of the planning and zoning board shall be for two years. (c) Appointments to-the board ahnaB be made by majority-vote of the City-Council. (d) The board shall hold its organizational meeting at the first regualr meeting after September 15 each year and from its regular membership elect its chairman, who shall hold office as chairman for a period of one year. Sec. 58-27. Qualifications Reserved. Each person appointed to the planning and-coni,ig board shall meet the following qualifications: (1) A registered voter of the City. (2) A resident of the city for at least 12 months immediately preceeding appointment Sec. 58-28. Ex-officio members Reserved. (a) The planning and zoning board may appoint ex-officio members who shall serve the board in an advisory capacity. Each ex-offio member shall be appointed by majority vote of the City of Cape Canaveral Ordinance No. 12-2003 Page 12 of 17 board and shall serve for a term to be determined byt the board, but not to expire later than September 15. (b) Ex-officio members of the planning and zoning board shall be bona-fide residents of the county, but need not be qualified voters of the city. Ex-officio members shall be versed by education or experience in the field of municipal planning, zoning or other specified areas in which their advice will be solicited. Ex-officio members shall not vote on matters before the planning and zoning board, but shall serve the board in an advisory capacity only. The city council may provide funds for reasonable compensation for ex-officio members who do not desire to donate their services. Reimbursement for ou-of-pocket expenses for ex-officio members may also be provided. Sec. 58-29. Conflict of interest Reserved. No member of the planning and zoning board, including a regular member, alternate member or ex-officio member, shall benefit directly or indirectly in any matter coming before the board nor shall any such member accept personal gifts or gratuity services given with the intention of influencing such member in his consideration, vote, action, favor or recommendationas to an official matter before the board. Any member of the board who has an interest, direct or indirect, in any matter before the board shall make his interest know to the full board and forthwith diqualify himself from consideration of the matter. Sec. 58-30.Rules of Procedure Reserved. The planning and zoning board shall adopt its own rules of procedure and rules of order by majority vote of the regular members of the board: Sec. 58-31. Quorum Reserved. Three voting members of the planning and zoning board shall constitute a quorum. However, all official actions of the board must be by majority vote of all voting members present, i.e., regular members or voting alternate members. Sec. 58-32. Alternate Members Reserved. (a) The member of the planning and zoning board who has seved longer as an alternate board member shall be the first alternate board member. If the first alternate board member leaves City of Cape Canaveral Ordinance No. 12-2003 Page 13 of 17 the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate board member. The next appointed alternate board member shall be designated as the second alternate board member. (b) In the absence of a regular planning and zoning board member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at the at meeting. if two or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right ot vote on any matter before the board at that meeting. (c) In the absence of the firs alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent firs talternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. Sec. 58-33. Minutes Reserved. The city council shall designate a secretary whose duties shall include keeping minutes of all the board's meetings and recording the board's actions arnd recommendations. The city clerk shall be custodian of all records of the board, and such records shall be maintained in city hall. * * * Section 8. Chapter 82 Code Amendment. The City of Cape Canaveral Code, Chapter 82, 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 Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 82 - Buildings and Building Regulations. * * * Article II. Building Code * * * Sec. 82-32. Establishment of construction board of adjustment and appeals. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the City Council. (a) [Composition].- Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals,contractors or building industry representatives.A board member shall not act in a case in which he has a personal or financial interest. City of Cape Canaveral Ordinance No. 12-2003 Page 14 of 17 (b) Terms. The terms of office of the board members shall be two years from the date of appointmen.t continued absence of any member from required meetings of the board shall at the discretion of the city council, render any such member subject to immediate removal from office. (c) Quorum and voting. three members shall constitute a quorum and the affirmative vote of the majority present shall be necessary for any board actions: (d) Secretary of the board. The building official or his designee shall act as secretary fo the board and shall make a detailed record of all of it proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (b) Powers. The construction board of adjustments and appeals shall have the power, as further defined in section 82-2933to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. * * * Section 9. Chapter 110 Code Amendment. The City of Cape Canaveral Code, Chapter 110, is hereby amended as follows: (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 110- Zoning * * * Article II. Board of Adjustment Division 1. Generally Sec. 110-26. Established, composition, qualifications. (a) A board of adjustment is established,which shall consist of five members and two alternate members appointed by the City Council. (b) Members and alternate members of the board of adjustment shall have been residents of the city for at least one year prior to their appointment. Members and alternate members shall be registered voters. (c) Members of the board of adjustment shall be appointed for staggered terms of three years In addition, the chairman of the planning and zoning board or his duly authorized representative shall be an ex-officio member of the board of adjustment. City of Cape Canaveral Ordinance No. 12-2003 Page 15 of 17 Sec. 110-27. Proceedings. (a) The board of adjustment shall adopt rules neccessary to the conduct of its affairs and in keeping with this chapter. Meetings shall be held at the call of the chairman and at such other times as the majority of the board of adjustment may determine. The chairman, or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public. (b) The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such face, and shall keep records of its examinations and other official actions, all of which shall be public records and shall be immediately filed in the office of the city clerk for the board of adjustment. . d • * * * Sec. 110-32. Decisions. In exercising any of the powers listed in this article,the board o!adjustment niay, so long as the action is in conformity with this chapter,reverse or affirm, wholly or partly, or may modify the order,requirement,decision or determination appealed from and may make such order,requirement, decision or determination as should be made and to that end shall have all of the powers of the building official from whom the appeal was taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order,requirement,decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter. * * * Section 10. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 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 11. 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 12. 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. City of Cape Canaveral Ordinance No. 12-2003 Page 16 of 17 Section 13. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City Charter. ADOPTED by the City Council of the City of Cape Canaveral,Florida,in a regular meeting assembled on the 1" day of July, 2003, ROCKY RANDELS, Mayor ATTEST: For Against Second Motion Bob Hoog X Jim Morgan X Buzz Petsos X SUSAN STILLS, City clerk Rocky Randels X Richard Treverton X First Reading: 6/17/03 ' Legal Ad published: 6/21/03 Second Reading: 7/1/03 Approved as to legal form and sufficiency for the Citycrretipe Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral',Ordinances\Uniform_Board_Ordinance.wpd City of Cape Canaveral Ordinance No. 12-2003 Page 17 of 17 Cikt BREVAR „v.;AN BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST e BREVARD COUNTY LIBRARIES Telephone:321-868-1101 1U y CAPE CANAVERAL PUBLIC LIBRARY Fax:321-868-1103 201 Polk Avenue,Cape Canaveral,FL 32920-3067 ...; November 28, 2007 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Dear Mr. Boucher: The purpose of this letter is to express the feelings and concerns of the Cape Canaveral Public Library Advisory Board regarding proposed re-negotiation of policy for the 2000 square feet meeting room at the Cape Canaveral Public Library. At the November meeting of the Cape Canaveral Public Library Board, the Cape Canaveral Library Director presented a copy of a letter sent,by you, to Brevard County Manager, Peggy Busacca, requesting a re-negotiation of the current policy regarding the use of the library meeting room. Copies were sent to city council members, Brevard County Commissioner, Dist. #2, Chuck Nelson and the Library Director, Isabel Matos-Escapa. The City Library Board did not receive a copy. Even though the Library Director is considered to be the Executive Director of the Library Board, the board feels we should have received a copy of this request. As an Advisory Board appointed by the city, we are disturbed by this lack of communication. The library has accommodated the city many times on requests to use the meeting room when an "overflow crowd" was expected or when more space was needed for a special presentation; even if it meant canceling a previous reservation. However, scheduling the entire city calendar at the library raises many issues. • Usage The library meeting room is available for community use 2 nights a week from 5:00PM to 8:00PM. These hours are utilized by a number of groups, both library sponsored and "public". (see attached Table#1: more bookings expected before the end of the year) In addition, many city meetings scheduled to begin at 5:00PM would necessitate "set-up" before the meeting; again restricting use by the "public". PRINTED ON RECYCLED PAPER On Thursday evening, Cocoa Beach Public Library closes at 6:00PM. Patrons who would normally use that facility often come to the Cape Canaveral Public Library. • Security At present, when a city meeting is held in the library meeting room it is necessary for an authorized library employee to either stay in the building or return to set the alarm system. Under current fire codes, the main entrance of the library must remain unlocked whenever any part of the building is open. This would prevent using the old entrance other than for a secondary(i.e. fire) exit. Since the main entrance is not visible from any point in the meeting room, this would allow for unrestricted access to the restrooms and the telephone in the lobby. Unfortunately, there have been instances of abuse of these facilities. • Parking The library parking lot has always held the "overflow" from various events: City Hall, Recreation Department and various functions relating to the Sheriffs Department or the adjacent park. If all city meetings were to be at the library, the parking lot would become the main parking area with the "overflow" going elsewhere. Human nature, being as it is, people will always park close to the "door". This would have an impact on patrons wishing to use the library as a "library". • Extra Costs The library is responsible for all maintenance: custodial services, supplies, rug cleaning, painting, water and electricity. Being open to accommodate all city meetings would increase these expenses. • Storage The storage room we have at present is already inadequate for library use. There would be no other storage available for city council needs. Any permanent use of available space in the meeting room itself would reduce space for many current and future planned library programs and functions. (see Table#2, attached) We commend the council for its desire to find the most economical approach to solving the growing space needs for our city's governing functions. We recognize that moving the council chambers into an existing structure is preferable, from a cost standpoint, to erecting a new building for the councils use. Such an approach clearly benefits our citizens from a financial standpoint. However, while we can appreciate the city's need for additional meeting space, we are concerned that this request could diminish many of the advances the library has achieved. The Cape Canaveral Public Library has grown impressively since its inception. Much of this growth is due to the services it offers. The staff has worked diligently to implement new programs to help enrich the community; and while these programs may grow slowly, they do grow. Many involve the meeting room, a community center to hold meetings, be they for library programs, clubs, condo meetings or special events. (See table#3) We would like to thank Shannon Roberts for attending our board meeting. The library board asks that you carefully consider all aspects of this request by the city. Sincerely, Cape Canaveral Public Library Board Dr. Tim Grady, Libraryard Chairman JiM Brown,Library Board Vice Chairman Joanna Atwood,Library Board Sec etary June Bell, Library Board Member Jean Deck, Library Board Member Mary Ernst, Library Board Member Harry Pearso Library Board Member /me Attachments cc: Chuck Nelson, Brevard County Commissioner, Dist#2 Peggy Busacca,,Brevard County Manager Catherine Schweinsberg, Library Services Director Dave Mc Murrin, North Area Regional Director Isabel Matos-Escapa, Director Cape Canaveral Public Library Rocky Randels, Mayor, City of Cape Canaveral Robert Hoog, Mayor Pro Tem, City of Cape Canaveral Buzz Petzos, City of Cape Canaveral Council Member Leo Nicholas, City of Cape Canaveral Council Member C. Shannon Roberts, City of Cape Canaveral Council Member PRESENT BOOKINGS FOR DECEMBER 2007, JANUARY AND FEBRUARY 2008 Thursday, December 06, 2007 9AM-11AM YOUTH SERVICES 5PM-8PM BOOK SALE PREVIEW Tuesday, December 11, 2007 10AM-11AM EDIBLE HOLIDAY GIFTS 6PM-8PM TWIST TIE FLEECE PILLOWS FOR WINTER Thursday, December 13, 2007 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE Tuesday, December 18, 2007 3PM-5PM BEACHED BOOKMARKS AND CHRISTMAS TREES Thursday, December 20, 2007 9AM-11AM YOUTH SERVICES 6PM - 8PM CRAFT FOAM AND RHINESTONE TREE ORNAMENTS Tuesday, December 25, 2007 CHRISTMAS HOLIDAY Thursday, December 27, 2007 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE Tuesday, January 1, 2008 CLOSED Thursday, January 3, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE Tuesday, January 8, 2008 2PM-4PM LIBRARY BOARD MEETING 6PM-8PM YOUTH SERVICES Thursday, January 10, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE 4PM-6PM TOASTMASTERS Tuesday, January 15, 2008 12 NOON - 3PM WIRE AND BEAD HEART PENDANT Thursday, January 17, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE 6PM-8PM RICHARD ARMS CONDOS Tuesday, January 22, 2008 12NOON - 3PM VALENTINE EARRINGS Thursday, January 24, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE 4PM-6PM TOASTMASTERS Tuesday, January 29, 2008 6PM - 8PM PRESIDENT PRIMARY Thursday, January 31, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE 6PM-8PM SAND PEBBLES CONDO Tuesday, February 5, 2008 5PM-8PM OCEAN OAKS CONDO Thursday, February 7, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE 5PM-8PM SEASON BY THE SEA Tuesday, February 12, 2008 6PM-8PM YOUTH SERVICES Thursday, February 14, 2008 9AM-11AM YOUTH SERVICES 2PM-4PM MOVIE Tuesday, February 19, 2008 Thursday, February 21, 2008 10AM-4PM SETUP - CENTRAL BREVARD ART ASSOCIATION Tuesday, February 26, 2008 Thursday, February 28, 2008 10 AM-11AM BREVARD COUNTY EXT 2PM-4PM MOVIE Table 2, CAPE CANAVERAL LIBRARY MEETING ROOM-2007 The attached table shows the usage of the Library Meeting Room in 2007 on Tuesday&Thursday between the hours of 5 to 8 PM. - In BOLD is the number of Tuesdays&Thursdays (by month)that the Meeting Room was available. These are the only 2 days the Library is open past 5PM. - In BLACK is the number of days the Meeting Room was used by the public. This figure includes Library sponsored functions. - In RED is the number of days the Meeting Room could have been used by the City of Cape Canaveral had it been available to them. - In BLUE is the number of days "left over" for Public Use had the City held all of their 2007 meetings in the Library Meeting Room. Data was compiled by using the Library "log book" and copies of the City "monthly calendar". (December City "calendar" was not available.) November 13,2007 Table 2 Cape Canaveral Library Meeting Room 2007 Usage Figures are based on the time between 5-8PM, for the 2 nights the Library is open late. TUESDAY THURSDAY Left Left #of Usage by Available #of Usage by Available MONTH Tues. Public* City** to Public*** Thurs. Public* City** to Public*** 'mu-Ty 5 2 4 1 4 4 3 1 February 4 4 4 0 4 4 3 1 . March 1 4 3 3 1 5 3 . 1 - 4 April 4 4 4 0 4 3 2 2 May 5 2 4 1 5 3 2 3 June 4 1 3 1 4 3 1 3 July 5 0 4 1 4 2 3 1 August 4 0 3 1 5 3 3 2 September 4 3 4 0 4 . 2 3 October 5 3 5 (1 4 3 3 1 November 3 3 2 1 4 4 1 (Elec.Day) Boli day December 3 3 , `' 4 3 , `' '' (Holiday) 1 TOTAL 47 25 40 7 47 34 25 22 (w/o Dec) % ages 53% 85% 15% } 72% 53% 47% _ _ L______ ____ 11 w I TOTAL 50 28 40+ 7 +I- ! 51 37 25+ 22 +1- (Year) % ages 56% ? 72% *Public Use is the number of days the Meeting Room was used in 2007. They include: Youth Service Programs, Condo Annual Meetings,various clubs/groups, and Special Events such as Book Sales,Art Shows, Christmas Program. **City Use indicates the number of days the City would have used the Meeting Room had they chosen to do so. ***Left Available indicates the number of days the Public would have had access to the Meeting Room had the City held all of their 2007 meetings there. Table 3 Examples of Programs presented at Cane Canaveral Public Library: Youth Services children programs every Wednesday and every Thursday,plus second Tuesday every month. Income Tax service offered free to the pubes from February thru April twice a week from 9am to t pm. Annual Student Art Show Craft Programs Peak Energy Workshops +, Arts&Crafts Cribbage Reading Party Author Visits Dream Decoding Workshop Red Cross Babysitting History of Port Canaveral Scrabble Beading classes Holiday Programs Senior Driving Book discussions Jewelry classes Senior Seminars Book Sale Juggling Show Space Coast Therapy Dogs Cape Canaveral History Knitting Special Guests Cape Canaveral Library Board 1 Movie every Thursday Toastmasters Cents al Brevard Art Association ' Natural Alternatives VFW Christmas Party Christmas Tree Lighting Origami Watercolor Classes Cooking with Darlene Painting on Glass Citizen Use of our Meeting Room: Villas by the Sea Ocean Park North Sand Pebbles River Gardens Cape Gardens Canaveral Breakers Ocean Mist Siesta del Mar Seton by the Sea Jeannie By The Sea II Cocoa Beach Towers Ocean Oaks Ridgewood Condo Golden Gate Morgan Manor Essex House Richard Arms Condo Cleveland Gardens Canaveral Bay Majestic Bay Thousand Islands Casa del Mar Condos Castaway Villas Shorewood Condos CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL PUBLIC MEETINGS APRIL 2008 REVISED 04-01-08 Ijttlr Iorida.confca SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 City Council TOWN Meeting MEETING 7PM-Annex BUILDING HEIGHT 5:30PM to 8:00PM Library 6 7 8 9 10 11 12 Community Beautification Planning& BOARD Appearance Board Zoning Board BANQUET Board 7 PM—Annex 7.30 PM - RADISSON CANCELLED Annex 6PM 13 14 15 16 17 18 19 City Council Business& Code TRASH BASH Meeting Cultural Dev. Enforcement 7PM-Annex Board Board 7 PM—Annex 7PM—Annex 20 21 22 23 24 25 26 Community Planning& Appearance Zoning Board Board 7.30 PM - 7 PM-Annex Annex 27 28 29 30 City Council Recreation Workshop Board 5:30 PM- Revenue Annex Anafysis 200736& 2003-09 fv 5:30PM- Annex SECOND AMENDMENT LIBRARY LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT entered into this L day of ASST 2009, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as amended on September 15, 1998; and WHEREAS, the City owns the building and land of used for Cape Canaveral Library; and WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide Library System; and WHEREAS, the Parties desire to amend the Agreement regarding additional use of the Cape Canaveral Library, specifically the Meeting Room,by the City and define their respective duties and responsibilities. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows: SECTION 1. Paragraph 2. of the Agreement(March 1, 1988), as amended by the Amendment(September 15, 1998) is hereby re-numbered to Paragraph to be Paragraph 2.a.. SECTION 2. Paragraph 2.b., a new subparagraph, is added as follows: The City shall be entitled to use the 2,000 square foot multi-purpose public Meeting Room located within the Cape Canaveral Library, on a temporary basis, as a meeting room for the City Council and various City Boards subject to coordination of scheduling of dates and times with the Cape Canaveral Library Director. The City, given its increased use of the multi- 1 purpose room and the nature of the use(city council meetings, etc.), wishes to make improvements to the Meeting Room that the City will fund at its expense. The City, at its expense, shall refurbish said Meeting Room,provide for new audio and visual equipment and provide flexible furnishings, as prescribed in Exhibit"A" attached hereto. The City shall be responsible for the repair and maintenance of the meeting Room audio and visual equipment and the flexible furnishings. The Cape Canaveral Library Director is authorized to use said flexible furnishings and the new audio and visual equipment for Library use,public events and meetings. The City shall be responsible for moving the flexible furniture when requested by the Cape Canaveral Library Director. The City shall, at its expense, upgrade the security alarm system to separate the Library area from the Meeting Room, Lobby and Restroom areas. The City shall be responsible for the cost, fines, etc. associated with any false alarms which may occur or associated with an improperly set alarm. The City shall be responsible for securing the Meeting Room, Lobby, and Restroom Areas during hours which the Library is not operating or closed to the public. The Parties agree that the City is not required under the terms of this amendment to reimburse the County for any maintenance costs at this time. The parties will review maintenance costs incurred by the respective parties, other than those expended for the improvements made to the Meeting Room, on an annual basis beginning June 1, 2010 to determine whether this paragraph should be adjusted. SECTION 3. All other terms and conditions of the Agreement dated March 1, 1988 as amended by the Amendment dated September 15, 1998,not inconsistent with the provisions herein shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals effective on the date first written above. CITY OF CAPE CANAVERAL, BOARD OF COUNTY COMMISSIONERS FLORIDA OF BREVARD COUNTY, FLORIDA BY: Rocky Randels, Mayor Chuck Nelson, Chairperson ATTESTED: As approved by the Board on: Mia Goforth, Acting Deputy City Clerk Date08/18/2009 / ATTEST: Scott Ellis, Clerk to the Board Please contact the City Clerk’s Office for assistance with accessing this document, thank you. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: September 1, 2009 Subject: Library Room Renovation Department: Public Works Summary: The City of Cape Canaveral (City) will be renovating the Public Library Meeting Room in order to relocate the City Council Chambers to that location. The renovation activities include the following: • Item#1 ($725.00): Scrape, repair, and paint (two coats) walls, trim, and door jams— caulk where needed; • Item#2 ($5,927.85): Install new carpet(28 ounce, nylon mid-grade carpet for superior wear and high traffic); and • Item#3 ($854.00): Install partitioned alarm system (includes alarm panel, LCD keypads, cable, wire, etc.). Monitoring service will be an additional monthly charge. Requested Council Action: City staff recommends City Council approval of the proposed renovation activities at the Public Library. in the amount of $7506.85 Financial Impact: Funds to be withdrawn from the Library Fund Reserves—total amount of $7,506.85 for Item Nos. 1-3; monitoring charges will be $24.95 per month ($299.40 per year). Attachments: X Supporting Documents Reviewed Submitting Department Head: Walter Bandish Date: 08/27/09 Approved by City Manager: B Date:,08/27/09 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain LIBRARY RENOVATION FOR CITY COUNCIL CHAMBER PAINTING OF LIBRARY MEETING ROOM Scrape, repair and paint all walk, trim and door jams; caulk where needed. Gall Painting & Home Repair - $725.00 )(--- Wayne Keenan Painting - $925.00 Frank W. Dejose, LLC - $1,600.00 TDI (Theisen Development, Inc) - $2,700.00 (Please see attached copies of quotes) CARPETING OF LIBRARY MEETING ROOM Remove and dispose of old carpeting; install new carpet and new cove base. Discount Floor Store, Inc Choice #1 Philadelphia Commercial Premium brand — 100% eco solution 28 oz. Nylon ..)ik carpet - $5,927.85 Choice #2 Philadelphia Commercial — 100% Perma Color Polypropylene 26 oz. carpet - $4,688.55 Purcell's Distributors, Inc Choice #1 20 oz. Level Loop Commercial carpet - $3,690.00 Choice #2 28 oz. mid grade Level Loop Commercial Carpet - $6,040.00 Choice #3 Heavy Duty Commercial (Top Grade) carpet tiles for Government Institutions - $10,270.00 Ocean Carpets Ltd., Inc Choice #1 20 oz. Olefin — "Winchester" Carpeting - $3,348.50 Choice #2 26 oz. Olefin — "Fairbanks" Carpeting - $4,324.50 Choice #3 28 oz. Solid Dyed Nylon Carpeting— "Treasure Island" - $6,520.50 Choice #4 Carpet Tile — Premium — "Sound Advice" - $8,184.50 (Please see attached quotes) PARTITIONED ALARM SYSTEM Install partitioned alarm system, program and train users. Advanced Detection Systems, Inc $854.86 (Monitoring service $24.95/month) *Camera monitoring - $2,465.00/camera World Electronics and Consulting, Inc $995.00 (Set up will be done in order to use current monitoring system already in place) *Camera monitoring - $3,500.00/camera Alarm Specialists $1,385.00 (Can set up with current monitoring system or if a separate monitoring system is needed cost is $25.00/month) *Camera monitoring - $2,600.00/camera City of Cape Canaveral January 21, 2010 Ms. Isabel Escapa Library Director Cape Canaveral Library 201 Polk Avenue Cape Canaveral, FL 32920 Dear Ms. Escapa: On behalf of the City of Cape Canaveral City Council, I would like to thank you for working with our Building Official Todd Morley regarding the council's request to have the front entrance door to the library set to automatic operation mode during City Council and Volunteer Board Meetings. I believe it is reasonable and practical to pledge our assurance that all facility maintenance issues related to theft and vandalism resulting from City meetings will be handled in a fair and equitable manner. Accordingly, I am pledging that very assurance to you on behalf of the City. City staff has been trained for security measures appropriate for the use of the facility, and I have confidence that our staff will keep problems to an absolute minimum. Additionally,to address any future unforeseen problems, I pledge to support good communication between our staff, your staff and City Council as we work cooperatively and discover newer and better ways to share this facility. Thank you, again, for working with us. Sincerely, Rocky Randels Mayor Cc: Council Members Acting City Manager City Attorney Department Heads Catherine J. Schweinsberg, Brevard County Library Services Director Commissioner Chuck Nelson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.inyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com