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HomeMy WebLinkAboutPacket 05-17-2011 RegularCALL TO ORDER: Vity oIf Cape Canaveral CITY COUNCIL MEETING 1AVERAL LIBRARY MEETING ROOW� (Avenue, Cape Canaveral, Florida Tuesday May 17, 2011 7-00 PM IMINIM"111, A V V - Elffl—A172M Presentation: Cape Canaveral — Cocoa Beach Community Fireworks Show on the 4,th of july, 20:11 - Cocoa Beach Commissioner Kevin Pruett, POW/IVIIA (Prisoners of War/Missing in Action) Flag Donation to the City of Cape Canaveral by Rolling Thunder Florida Chapter One, local chapter of Rolling Thunder@) Inc. AEPORTS: T-157:20 p.m. amm= Comments to, be heard on items that do not appear on the agenda of this meeting. Citizens, will limit their comments -to five (5); minutes. The City Council will not take any action under the "Audience to Be eardsection of the agienda, The Council may schedule such items as regular agenda items and act upon them in the future. !111111 1 1 11111 1111111 111 111 ij� IIIII IIIIIr 11 iljii� 11-ji I 1,05 Polk Avenue - Post Office Box 326 Cape Canaveral, Fl. 32920-0326 '"relepholle (321) 868-1220 Fax: (321) 868-1248 www.cltyo,fcal)ccaiiavei-,if.oi-g - email: iiif(,)(,�c)cityotcal)CCariiaivei-al.oi-g City of Cape Canaveral, Flori City Council Meeting May 17, 2011 Page 2 of 3 1 2Approve Resolution No. Regular Board Member, Development Board, 3. Approve a Proclamation Designating the Month of May 2011 as "Neurofibromatosis Awareness Month". 4. Award the Bid for Stormwater Improvement Project - Manatee and Banana River Parks in the amount of $231,5,99 to Goodson Paving, Inc.; authorize the City Manager to execute the contract and approve budget transfer for same. 5. Authorize the City Manager to sign contracts with selected firms for Professional Engineering/Suirveying, Planning, Consulting and Architectural Services, as submitted in response to RFQ 2011 -01, without need for further City Council approval, 5. Award' the Bid for Stormwater Improvements Project — Pipe Replacement in Harbor Heights in the Amount of $83,470 to At�lantic Development of: Cocoa, Inc., authorize the City Manager to execute the contract and approve budget transfer in the amount of $91,470. 740 p.m. — T50 p.m. 7. Ordinance No. 02-201'1, amending Section 110-486 of the Code of Ordinances related to Resort Dwellings and Resort Condominiums; requiring Nonconforming Resort Dwellings and Resort Condominiums to be licensed by the, State in order to operate; providing that Nonconforming Resort Dwellings and Resort Condominiums shall be considered abandoned and lose their Nonconforming Status if their State license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an! effective date. 8. Ordinance No. 03-2011, amending, Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development Zoning District; providing for the! repeal of M rior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. City of Cape Canaveral', Florida City Council Meeting May 17, 2011 Page 3 of 3 9. Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights, including identified support systems and making the: meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. 11111111111 1!!111!!!11 111111 llilill!!!Il IIIIIIJIMI I III iiiiiiii Fill 1111111 "TO WIN TEAM, 11i Discussion ited Light Cameras and a survey conducted by ATS American 'Traffic Solutions. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does, it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/17/2011 PRESENTATION Subject: Presentation: Cocoa Beach Commissioner Kevin Pruett - Cocoa Beach - Cape Canaveral Community Fireworks Show Department: Legislative Summary: Historically, the City of Cocoa Beach has hosted the Annual Fourth of July Fireworks Show with Ron Jon's Surf Shop being the primary sponsor. In 2007, the barge owner that signed an agreement with Cocoa Beach reneged and Cocoa Beach was forced to pay considerably more money for a replacement barge. In 2008, the City of Cocoa Beach did not host the Fireworks Show. In 2009, Cocoa Beach attempted to coordinate funding in order to make this an annual event and asked for a contribution from the City of Cape Canaveral. City Council unanimously voted to donate $10,000 for the 2009 Cocoa Beach -Cape Canaveral Fireworks Show. The official poster depicted logos from both cities. The Event attracted between 45,000 and 50,000 attendees and no injuries or major incidents were reported. The City of Cocoa Beach presented an appreciation plaque to the City of Cape Canaveral for its generous support and sponsorship of the Event. In 2010, Cocoa Beach Commissioner Pruett, Cocoa Beach City Manager and representatives from KSC and Jet Blue, came before the City Council and discussed more involvement from Cape Canaveral residents in supporting the Event. Discussion included how Cape Canaveral's and Cocoa Beach's names would be used in branding the Event and how much the City of Cape Canaveral was interested in spending to support it. Council reached consensus to not support the Event as no funds had been budgeted, but funds would be an item for consideration in next year's budget. The City of Cocoa Beach wishes to partner with the City of Cape Canaveral as hosts for the 2011 Fireworks Show and is requesting a $10,000 contribution. The City of Cocoa Beach budgeted $10,000 this year towards the estimated cost of $65,000 and will provide public safety support and post -event public works services. Attachment(s): 2009 Official Poster Financial Impact: This is an un -budgeted item; however, at this time there is $205,149 available in General Fund Contingency. A budget transfer will be required. Reviewed by City Treasurer: Andrea Bowers Date: 51411 f The City Manager recommends that City Council "take the following action(s): Commit $10,000 for this year and going forward, partner with City of Cocoa Beach by annually allocating $10,000 in the Budget. Approved by City Manager: David L. Greene L 'L` Date: 5-/C///l City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain The Cocoa Seach -News and Views" is produced by the Cocoa. Beach Public Information Office. For comments, please call 868-3329 or e-mail: JULY 1, 2009 00a -- A publication for Cocoa Beach Citizens produced by the Cocoa Beach Public Information Office and inserted in The Press -Tribune as a public service — NOTICE TO AREA BOATERS ON JULY 4th WEEKEND Per the United States Coast Guard: If you use your boat to observe this year's fireworks show please be especially mindful of the manatees in local area canals and surrounding waters and obey manatee speed zones. Should you hit a manatee, immediately notify the Florida Fish and Wildlife Conservation Corhmission, Law Enforcement Division, at 1-888-404-3922. NC The City of COMMiSs scheduled has been R NOTICE: Due to the Ca ha; its Ia REDUCED CITY G Al 27 -holes of the Cocoa "temporary greens" in plat ers. During the 're-greeni are S25 for 18 holes befun holes after noon with cart. we will be back -in fu swir LEON "SI KEVIN P KEN GRII DON JO SKIP W LL CHUCK BI City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 519712011 Presentation Subject: POW/MIA (Prisoners of War/Missing in Action) Flag Donation to the City of Cape Canaveral by Rolling Thunder Florida Chapter One, local chapter of Rolling Thunder® Inc. Department: Legislative Summary: Rolling Thunder's major function is to publicize the POW/MIA issue; to educate the public that many American Prisoners of War were left behind after all past wars; to help correct the past; and to protect the future veterans from being left behind should they become Prisoners of War/Missing in Action. Rolling Thunder is committed to helping American Veterans from all wars. Rolling Thunder chapters nationwide are actively involved year round with local veterans and their families. Members promote legislation to resolve POW/MIA issues for all past, current and future wars. Rolling Thunder has donated financial support, food, clothing and other essentials to sanctioned veterans' groups, veterans and veterans' families in need, homeless veterans programs, women's crisis centers, Tragedy Assistance Program for Survivors (TAPS), Veterans Homes and toys for children. Rolling Thunder membership is comprised of both veterans and non -veteran advocates of all ages, generations and backgrounds. It is not a motorcycle club and riding or owning a motorcycle is not required to be a member. The POW/MIA flag is a symbol of the nation's American military still unaccounted for or missi Rolling Thunder Florida Chapter One has mad local governments. The Chapter has given Melbourne, Palm Bay, Melbourne and the Tow honors more than 88,000 POWs and MIAs from over certain public facilities including the White commitment to resolving the fates of ng. For the past few years, the local it a priority to provide these flags to flags to the governments of West of Malabar. By law, the flag, which all wars involving U.S. Troops, must fly House, U.S. Capitol and post offices. Rolling Thunder believes flying the flag also puts pressure on the U.S. Government to make good on its commitment to resolve the open cases of service members who are unaccounted for or missing. Submitting Department Director: erson Angela M. A Clerk Date: 05/02/2011 g pp , City Attachment(s): Florida Today article Rolling Thunder brochure Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 51 )0 k The City Manager recommends that City Council take the following action(s): j Accept Rollinq Thunder's POW/MIA Flaa and to aaDropriately displav it. Approved by City Manager: David L. Greene 0 `7>� Date: City Council Action: [ ] Approved as Recommended [ ] Disappro, [ ] Approved with Modifications Tabled to Time Certain M wil SPACE COAST floddatoday.com properties—windstorm mitigation ratings" to buyers starting in 2011. Although the law was meant to protect buyers and encourage home improvements, the law "is a potential impediment to home sales in Florida because it puts an additional burden on the seller," a House report says. StartingJan.1, sellers who have not yet arranged home inspections would have to pay$150to$250todoso. "Anything we do now to dis- courage home sales is the wrong course of action," state Rep. John Tobia, RSatellite Beach, told me Monday. A bill to repeal, that law unani- mously passed the House and Senate during the spring legisla- tive session. But Gov. Charlie Grist vetoed it, saying it was not con- sumerfriendly. . Now, the bill appears on the list ofpotentialveto-overrides Ina ses- sion called for next Tuesdaybyin- coining Senate President Mike Haridopolos, R -Merritt Island, and HouseSpeakerDeanCannon, R-WinterPark, Isaygoforit. As strongly as i favor disclosure and consumer protect -ion, the state's tough new system of home inspections is not yet trustworthy enough to be a deciding factor in homeowners' insurance bills, let alonereal estatesales. In July, I exposed local inspec- tors' complaints that new rules for documenting roof straps, rein- forced masonry and other storm - mitigation measures were so strict most homeowners probably would lose discounts they already receiveonhurricane insurance. Moreover, only a relative hand- ful of home improvements that were scientifically tested by the state ----tile roofs not among them =could qualify. Yet, by Jan. 1, the same inspec- tions nspecttions were to become the basis for ratings, on a scale of 1 to 100. By February, home insurers were to begin overhauling their discounts to match thegradingscale. Perks for Kosmas? Meanwhile, opponents of health care reform raised hell last year over the special benefits for members of Congress. And last week, they made U.S. Rep. Suz- anne Kosmas, D -New Smyrna Beach, pay for her vote for Oba- macare. So, what perks will Kosmas re- ceive after setvingonetemi in Dis- trict24? None, Because Kosmas will have served only two years, she doesn't qualify for a congressional pen- sion, She would have to serve at least five years to receive that. By comparison, ousted Rep. Allen Boyd, 65, a Democratwho has rep- resented Florida's Big Bend area since 1997, will receive pension payments of about $41,000 per A=O EDITOR BELINDA MWART, hstetvart@floridatuday wm or 242.3634 Photos by Tint SWtt, rLDRIDA TC DAY Flying high. Mary Ann Cooper, left, Bob Cooper and Date Brown unfurl a POW flag that was then ral red over Rockledge City Hall on Monday. Veterans group donates POW flags to agencies BY REBECCABASU FLORIDA TODAY ROCKLEDGE -'The POW! MIA flag rose steadily up the flagpole outside Rockledge City Hail onMonday as iismailgroup of city employees, council mem- bers and veterans from Rolling Thunder, an advocacy group, lookedon. "if I had been taken and cap- tured, I would want to believe there was somebody back here working to get me home," said Bob Cooper,president forthelo- cal Rolling Thunder chapter in Brevard County. He served 23 years inthe US. Navy, including combat duty duringthe Vietnam War. For the past few years, the lo- cal chapt e r has made it a pria tity to get POWIMIA flags to local See FLAGS, 3B Flag donations Rolling Thunder'wlll do - hate flags at the 9 a,m. county cdmmission, meet. ing in Vera today. Me" bets also will. donate flags from lo:39 to Aw a.m. Thursday at Commissioner AncyAnderson's office, Rage presented. Four members of Rolling Thunder Inc: Florida Chapter One arrived Monday at Rockledge City Hail to present eight POW/MIA flags to the city. They Immediately added one to the main flagpole, between the U.S. and Florida flags. They said they hope to see flags over the police and fire departments and city works build- ings in Rockledge. B Tuesday Nov- 9, Ell) Swap of land may end suit BY SUSANNECERVENKA FLORIDA TODAY Melbourne leaders will con- sider a land deal tonight that would end a longstanding lawsuit with one company and open the option of moving Daily Bread out of its downtownlocation. The city council is expected to vote on a settlement with Florida Recyclers of Brevard that offers Melbourne alargerland donation - it also gives the city the option to buymore propertyatalowerprice thanproposed earlierthisyear. Melbourne City Manager Jack Schluckebier said the better deal evolved as thetwo sides continued negotiating. The city sought the best price for the most acreage while Florida Recyclers wanted to resolve the lawsuit without laying out the $275,000 cash settlement that had once been proposed, he said. it was part of the agreement between the city and Florida Re- cyclers to walk away from the cash element," he said. Under the new settlement terms, Florida Recyclers would give the citythree acres of land on Samo Road and give the city the option to purchase four more acres at $90,000 per acre. The op- tion price is an amount described in a city memo as a "deep dis- count" off the appraised value of the land, which is $140,000 per acre. Adeal presented to city council this summer suggested Florida Recyclers give Melbourne two acres of land and the option tobuy five acres for$140,000. The deal ends alawsuitbetween Melbourne and Florida Recyclers thathas been lingeringsince2003. Melbourne accused the company of filling in wetlands on the com- pany's property, violating a city permit that required those wet- lands to be protected. Florida Re - cyders said it had a state permit to do the work and accused the city ofviolatingitsdue processrights. Through court-ordered media- tion, the two sides agreed to a set- tlement where Florida Recyclers would give Melbourne $275,000 or land of similar value. In ex- change, the city would allow Flor- ida Recyclers to continue its land- fill and recycling operations with addedlandscapebuffering. City leaders eyed the Florida See LANA, 313 FLORIDATODAY Residents bring up health issues u Nv, from iss Recyclers'land as a possible new home for Daily Bread, the embattled soup l ifeben on Pee Avenue, as well as a one-stop center for the area's residents in need. It's a move that has drawn ire from nearby residents, who say the city is simply movinga problem out of the downtown into their neigh. borhood. Residents also question possible health is- sues of putting a soup kitrhenneara landidl. The vote today, however, does not mean that Daily Bread will move to Sarno Road. The settlement with Florida Recyclers does not contain any language re- gardingthesoupldtchen. Schluckebier said talks with officials from the -soup kitchen are so] ongoing, Group hands out flags FLAGS, from IB governments. Its members have given flags to the gov- ernments of West Mel- bourne, Palm Bay, Mel. bourne and the town of Mal- abar. The Prisoner of War Missing in Action flag is a symbol of the nation's con- cern and commitment to re- solvingthe fatesotAmerican military still unaccounted for. By law, the flag over certain public= including the White House, U. S. Capitol and post of- fices. This act honors mote than 88,000 POWs and MIAs from all wars involving U.S. troops. Cooper and others believe flying the flag also puts pres- sure on the U.S. government to make good on that com- mitment and resolve the open cases of service mem- !`I•. 7 TUESDAY, NOVEMBER 9, 2010 3B WIILS .....,$75.00 TRUSTS .,.-,.,$395.00 Q00 00 NG C' -!L o o 0 Ln rn 00 CR Ln L L O . 0 .0 L L L � N � o °'LLJ a Y ❑ O m 3 v 3 a aA 0 LL +�ra 6 cN—n Z7 O a1 m aJ c L — d) L 00 +0 c Q.) L a -0 Q) 'a QJ LM M O U A L i •i cc 1- A C W cu of a 0 p -a CO p �' c a ca) M M Q a a, c .3 ° o s U L `~ 3 �. 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ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager Assistant City Attorney Parks and Recreation Director Public Works Director Assistant Public Works Director Building Official Planning and Development Director Brevard County Sheriff Commander Cape Canaveral Volunteer Fire Dept City Clerk PRESENTATION: Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Assistant Chief David L. Greene Kate Latorre Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alan Moros John Cunningham Angela Apperson Presentation of International _Institute of Municipal Clerks (11MC) Certified Designation of Master Municipal Clerk Plaque and Pin to Angela A. Apperson by Patricia J. Burke, MMC, Town Clerk — Town of Palm Shores and Loredana Kalaghchy, MMC, City Clerk — City of Cocoa Beach: Town Clerk Pat Burke explained the requirements to attain the MMC Certification. She presented Ms. Apperson with the plaque and pin. Presentation of 2011 Spring Quarter Beautification Award for Single Family Residence within the City of Cape Canaveral: Mrs. Judy Hale presented the award and the $25.00 gift card to Deirdra Gillieson and Brian Kay, 105 Cocoa Palms Ave. City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 2 of 6 Certificates of Appreciation Presentation to the community group members of "Computers for Kids", located in the City of Cape Canaveral: Mayor Randels explained the program and the benefits to the children of Cape Canaveral. Mayor Pro -Tem Hoog added additional details of the program and noted 500 computers have been distributed and most recently 3 children in the Police Athletic Program received computers. Mayor Pro -Tem Hoog presented certificates to Nick Barnes, Jim Crouse, Ted Hackler, Eugene Nelson, Tony Pierro, Nelson Mixon, Tom Purer, Joyce Hamilton, Ed Hradesky and Jim Morris. Mayor Randels spoke of a newspaper article from 2008 which featured the program. Mayor Pro -Tem Hoog encouraged citizens who are replacing their computer to donate their old system to the program which is located at 166 Center Street, Suite 201, Cape Canaveral. REPORTS: Assistant City Attorney Kate Latorre provided an update on the Harbor Heights easements. She indicated the discrepancies in the surveys have been corrected and will be sent to the property owner's attorney tomorrow. She was cautiously optimistic there will be no other issues and the documents would get executed soon. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels read the title of the items into the record and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Mike Anderson asked for item # 10 to be removed from the agenda, until the owners of the company could review the proposed contract. He felt there should only be one vendor. Mayor Randels indicated the RFQ was a non-exclusive contract. City Manager Greene indicated the ordinance allows for two vendors, that is what was advertised and being recommended. Mr. Leo Nicholas questioned the terms of the contract for item #10. Mr. Greene indicated it is a 1 year contract with an option for two renewals. The item remained on the Consent Agenda. 1. Approve Minutes for Regular City Council Meeting of March 15, 2011. 2. Approve a Proclamation Designating the Week of April 17 - 23 2011 as "Childhood Cancer Awareness Week". 3. Approve a Proclamation Designating the Week of May 15 - 21, 2011 as "National Public Works Week". 4. Approve a Proclamation Designating Friday, April 29, 2011 as "Arbor DaV'. 5. Approve a Proclamation Designating ating the Week of May 1 - 7, 2011 as "Municipal Clerks Week". City of Cape Canaveral, Florida City Council Regular Meeting Aprif 19, 2011 Page 3of6 6. Approve Resolution No. 2011-05; Reappointing a Regular Board Member, Judi Cameron, and a First Alternate Member, Walter Bowman, to the Community Appearance Board. 7. Change Order #7 to Brewer Paving & Development, Inc. in the amount of $32,828 for additional construction tasks/quantity adjustments on the Ridgewood Avenue Improvements Project. 8. Authorize the City Manager to negotiate continuing services contracts with selected firms for Professional Engineering/Surveying, Planning, Consulting and Architectural Services as submitted in response to RFQ 2011-01. 9. Approve Library Board recommendation for Capital Expansion Fund Expenditures. 10. Award contracts for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non -Alcoholic Bevera es to The Sweet Spot and H20• ensure consistency/compliance with Ordinance requirements; and authorize the City Manager to sign contracts for same without need for further City Council approval. A motion was made by Mayor Pro -Tem Hoog, seconded by Council Member Walsh, to approve Consent Agenda. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: Second Public Hearin 11. Ordinance No. 01-2011 amending Articles II and III of Chapter 2 Administration of the Cape Canaveral City Code related to the CitV Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter making minor editorial and conforming amendmentsproviding for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Assistant City Attorney Latorre read the title of the ordinance into the record. A motion was made by Council Member Petsos, seconded by Council Member Morgan, for approval of Ordinance 01-2011. The public hearing was opened. No comments were received and the public hearing was closed. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 12. Ordinance No. 02-2011, amending Section 110-486 of the Code of Ordinances related to resort dwellings and resort condominiums; requiring nonconforming resort dwellings and resort condominiums shall be considered abandoned and lose their I City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 4 of 6 nonconforming status if their state license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and ,an effective date: Assistant City Attorney Latorre read the title of the ordinance into the record. Building Official Morley reviewed the proposed change to the ordinance and the recommendation of the Planning and Zoning Board to proceed with the change. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance 02-2011. The public hearing was opened. Ms. Joyce Hamilton inquired as to notification from the State, Department of Business 'and Professional Regulation, when the license expires. Mr. Morley indicated the state sends renewal notices to the property owner a few months prior to expiration. He clarified the City requires a copy of the current state license when the Local Business Tax Receipt is renewed. Ms. Hamilton felt the current process could allow the license to be expired for almost a year before the City would find out. Mr. Morley noted the state website can be checked at any time, by any one. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 13. Ordinance No. 03-2011, amending Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date: Assistant City Attorney Latorre read the title of the ordinance into the record. Planning Director Barry Brown explained the Florida Beer Company is considering relocating and add tours/beer tastings to Cape Canaveral and has filed a request to amend the City Code to allow a brewery in an M-1 District. The Comprehensive plan is silent on this activity in an industrial land use; the Vision statement calls for the City to actively attracts businesses that enhance the economic viability and serve the residents and visitors and this project certainly meets the Vision statement. The Planning and Zoning Board and Staff recommend approval of the request. Discussion ensued and included: enthusiasm with regard to the possible relocation to the City; that off site signage will be needed to ensure promotion of business and ease of locating the facility. The public hearing was opened. Ms. Joyce Hamilton spoke in favor of the proposal and offered her support to the business. Mr. Jim Massoni indicated the brewing industry is one of the fastest growing and is one of the leading job creators in the Country. He indicated distributers will also come to the area. He and his partners were the developers of the Kiwi Tennis Club in Indian Harbor Beach and pledged the same quality in this project. He explained there is very little impact to the environment, the facility will immediately transfer 35 employees and have the potential to grow to employ 135 individuals over the next few years, with an average wage of $30 to $35,000. per year. A motion was made by Council Member Walsh, seconded by Mayor Pro -Tem Hoog, to approve. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 5 of 6 DISCUSSION: 14. Discuss and determine how to proceed with the provisions of Section 2 Sala and Evaluation of the Employment Agreement between the City of Cape Canaveral and David Greene City Manager: Mayor Randels reviewed the activities to date. Council Member Morgan encouraged Council to move forward with a bonus. Discussion ensued and included whether the Council should give Mr. Greene a bonus or an increase to his yearly wage, retro -active to when the six month probation ended; that the employees only received a maximum of 1.5% raise if they received an excellent performance evaluation; and the sum of a bonus if that is what was decided upon. Consensus was reached, with Council Member Petsos dissenting, to award a bonus of 6,000.00 to Mr. Greene. The discussion turned to when the yearly evaluation would be due. Consensus was reached to have the City Manager prepare a self-evaluation, distribute that to the City Council, who will then proceed with the evaluation to be presented on June 21, 2011. 15. Discussion Sidewalk Status — Harbor Heights Subdivision: Mr. Morgan explained he brought this item forward because newly developed properties have installed sidewalks in front of the homes and he would like to provide sidewalks in front of the older homes, so there will not be sidewalks that do not go anywhere. Discussion ensued and included: that there should be no additional charges to these residents, as many other areas had sidewalks installed at no cost to the property owner; whether the residents of this area want these sidewalks; the code requirement to have sidewalks on all new construction; the Vision statement which encourages sidewalks throughout the City; that there should be a survey of the property owners to see if they desire them; that this subdivision is not a thoroughfare, nor is it a major part of the Prime Path Program and it shouldn't be a priority for completion; whether there is sufficient right-of- way ight-ofway for the project or if easements would be needed; that shrubbery, and plantings would have to be removed on certain properties to construct the sidewalk; that there is no home owners association in this subdivision and what items should be included in a letter to property owners. After a lengthy discussion, no action was taken. REPORTS: 16. Council Council Member Morgan: Suggested the City start a program to paint the bicycles that are unclaimed property a very recognizable color and leave them at the bus stops for public use, with the understanding the bicycles will be left at their destination. Mr. Lefever indicated his research shows these programs work in other areas, and are successful. He noted the need to have bike racks at all bus stops and businesses. Mayor Randels committed to getting bike racks at the bus stops. Mayor Pro Tem Hoog: Requested the City Council re -address the Harbor Heights Stormwaterleasement issue to form a consensus to move forward with an eminent City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 6 of 6 domain action on the hold out properties. Ms. Latorre advised the letter with the revised surveys will be sent to the property owner's attorney tomorrow. The request was discussed. Consensus was reached to send the letter to the property owner's attorney indicating a response is needed within one week or the City will proceed with appropriate legal action. Council Member Petsos: • Update on parking meters, to which Mr. Greene stated an agenda item is being prepared for the May 17, 2011 Council Meeting. • Update on the status of the Red light cameras. City Manager Greene reported Staff is working with a firm to analyze intersections within the City. He noted the pending legislation which could change the regulations. An agenda item was requested for the next meeting to further discuss this item. • Update on the status of local regulation of "Pill Mills". Mr. Greene advised staff research is ongoing and a recommendation may be ready for the next council meeting. • Requested an agenda item for the next meeting to discuss changing the Consent Agenda Policy, to change the policy to waive the reading of each item. • Noted the chairman of the Natural Resources Commission has indicated he will work with the City to get another row of sand fences on the beach. Mr. Bandish advised many of the fences were falling apart and were discarded; some remain for necessary repairs. • Noted the City of Rockledge has to make repayments to FEMA. He asked for information on whether the City has to make repayments and stated if the City does, the Florida League of Cities is willing to assist the City in discussions with FEMA. Mayor Randels: Noted the at the last TPO meeting the SR A1A Complete Streets Project from Pineda Causeway north to Port Canaveral was moved to the number one priority in the design build category with funding available for FY 11 and FY 12. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:04 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/17/2011 Item No. �- Subject: Approve Resolution No. 2011-06; Appointing an Alternate Member as a Regular Board Member, Shawn K. Painter to the Business & Cultural Development Board. Department: Legislative Summary: The City Cleric's Office received resignations from two (2) Regular Members on the Business & Cultural Development Board in April, Mr. John W. Craig and Ms. Lori Peppers. The Board now consists of three (3) Regular Members and one (1) Alternate Member, Ms. Shawn K. Painter. This prompts a Resolution appointing the Alternate Member as a Regular Board Member. Ms. Painter's term will expire June 1, 2014. Submitting Department Director: Angela M. Apperson, City Clerk Date: 04/19/2011 Attachments: Resolution No. 2011-06 E-mail letters of resignation Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: ' l The City Manager recommends that City Counclif to a the following action(s): Approve Resolution No. 2011-06. Approved by City Manager: David L. Greene 0 ' Date: `� aID/ City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-06 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER OF THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate Member as a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Shawn K. Painter is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2014. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of May, 2011. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Mia Goforth From: Angela Apperson Sent: Monday, April 04, 2011 10:01 AM To: Lori Peppers Cc: Kim McIntire; Mia Goforth Subject: RE: Notice of Board Resignation Lori, I know this was a hard e-mail to write. It has been a pleasure to get to know you and we wish you the best in your new endeavors. Best wishes, Angie Angela M. Apperson, MMC City Clerk/Human Resource and Risk Management Services City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www. cityofcapecanaveral. org Office Phone: 321-868-1220 Office Fax: 321-868-1248 `4 Please note my new e-mail address: a.apperson(a)cityofeapecanaveral.org From: Lori Peppers[ma ilto:Ipeppers@stottlerstagg.com] Sent: Monday, April 04, 20119:45 AM To: Angela Apperson Cc: Kim McIntire Subject: Notice of Board Resignation Hello Angie, Regrettably, I must tender my resignation from the Business and Cultural Development Advisory Board for the City of Cape Canaveral. Because I am not a resident, I was allowed to serve on the Board because of my employment with a firm that was based within the City. Since its relocation to the City of Rockledge on February 1, 2011, that is no longer valid. I wanted to take a moment to let you know how much I have enjoyed my tenure on the Board and to express my sincere appreciation for the many learning and growth opportunities it has given me. I have been truly blessed and am grateful to have had the opportunity to be part of such a wonderful City and group of professionals. Please keep in touch, I can be reached at my personal email address (lorinomja_@gmail.com_ or by cell phone (321) 960- 0690. Best wishes as the City moves forward toward establishment of its CRA and other exciting moves. Warmest regards, Lori p.s. By the end of the week I will deliver a CD of the City color brochure for your records. If agreeable, I would like to remain available to the City to make future revisions to the brochure. WE'VE MOVED... PLEASE NOTE NEW CONTACT INFORMATION LORI PEPPERS 1 Marketing & Graphics Coordinator SSA 11802 S. Fiske Blvd. I Rockledge, Florida 32955 0: 321-338-2902, ext. 151 F: 321-305-6991 1 C: 321-960-0690 IpeppersRstottlerstagg.com www.stottlerstagg.com ARCHITECTS IPLANNERS IENGINEERS ISURVEYORS Please consider the Environment before printing this email. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. It you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Mia Goforth From: John Craig <john.craig@cra ig tech inc.com> Sent: Tuesday, April 12, 2011 11:29 PM To: Mia Goforth Subject: Resignation from Business and Cultural Development Board Ms. Goforth, Please accept this message as notification of my immediate resignation from the City of Cape Canaveral Business and Cultural Development Board. I am no longer an employee of a business located in the City and therefore do not meet the requirements for membership on a City advisory board. It has been my sincere pleasure to serve on the Board and with the professional staff of the City. Thank you for the opportunity to participate in the growth and development of the City of Cape Canaveral. I wish you the greatest success in the years ahead. Very Respectfully, John W. Craig City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/17/2011 Item No. 3 Subject: Approve a Proclamation Designating the Month of May 2011 as "Neurofibromatosis Awareness Month". Department: Administrative Summary: Neurofibromatosis (NF) encompasses a set of distinct genetic disorders, classified into three distinct types: NF1, NF2 and Schwa nnomatosis, that causes tumors to grow along various types of nerves. NF can also affect the development of non - nervous tissues such as bones and skin. While over 120,000 Americans have NF and one of every 3,000 newborns will develop the disorder, it still is relatively unknown to the public and much remains to be done to raise awareness of NF's devastating effects and the need for funding for research to prevent, treat and cure NF. The Children's Tumor Foundation is a non-profit 501(c) (3) medical foundation, dedicated to improving the health and well-being of individuals and families affected by NF. The Foundation (www.ctf.org, 800-323-7938) leads the effort to fund critical research aimed at finding the cause(s) of the disorder and developing treatments and a cure, and to provide support to people and families affected by NF. The Children's Tumor Foundation is observing May as National Neurofibromatosis (NF) Awareness Month across the United States to inform the public about this common genetic disorder. Attachment: Proclamation Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 1 The City Manager recommends that City Council take the following action(s): Approve the Proclamation. Approved by City Manager: David L. Greene LQ`1. Date: 5/4//r City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, NF causes tumors to grow on nerves anywhere in the body, bone and skin tumors, none deformities such as spinal scoliosis; leg bowing or twisting, cafe au lait spots on the skin, deafness, blindness; learning disabilities; debilitating pain, heart defects and even death; and WHEREAS, NF is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy, Tay Sachs and Huntington's Disease combined; and WHEREAS, NF can appear in any family and is worldwide in distribution, affects both sexes equally and has no particular racial or ethnic distribution; and 85% of cases are sporadic (no previous family history) and 15% are inherited; and WHEREAS, While over 120,000 Americans have NF and one of every 3,000 newborns will develop the disorder, it still is relatively unknown to the public and much remains to be done to raise awareness of NF's devastating effects and the need for funding for research to prevent, treat and cure NF; WHEREAS, The Children's Tumor Foundation leads the effort to fund critical research aimed at finding the causes of the disorder and developing treatments and a cure, and to provide support to people and families affected by NF; and WHEREAS, NF research benefits an additional 100 million Americans (i.e. 65 million with cancer and 35 million with learning disabilities); and WHEREAS, The Children's Tumor Foundation is observing May as National Neurofibromatosis (NF) Awareness Month nationally to inform the public about this common genetic disorder; NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of May, 2011 as "Neurofibromatosis Awareness Month" In the City of Cape Canaveral, Brevard County, Florida and urge our citizens to join the Children's Tumor Foundation's effort to increase awareness of the importance of finding a treatment and a cure to NF. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/17/2011 Item No. Subject: Award the Bid for Stormwater Improvement Project - Manatee and Banana River Parks in the Amount of $231,599 to Goodson Paving, Inc.; authorize the City Manager to execute the contract and approve budget transfer for same. Department: Public Works Summary: The Manatee and Banana River Parks first were constructed without obtaining stormwater permits as required by St. Johns River Water Management District (SJRWMD). Both parks "trip" the threshold values for requiring a permit (parking areas >4,000 square feet and/or recreational areas >5.0 acres). To resolve the permitting issues, the City entered into a Consent Order with SJRWMD to construct stormwater improvements at both parks. These improvements include the following: • Wet detention pond in the southern portion of Manatee Park, • Stormwater outfalls to the Banana River at both parks, • Stormwater inlet and pipe underneath Thurm Boulevard adjacent to Manatee Park to eliminate street flooding, • Pedestrian bridge over the western portion of the Manatee Park wet detention pond, and • Improved drainage swales throughout both parks. Drawings showing the proposed stormwater improvements at both parks are included as Attachment #1. Stottler Stagg & Associates (SSA) prepared construction drawings and bid documents for the Project and is under contract for construction management services. This Project was publicly bid in March -April 2011. Four bids were received by the April 14, 2011 deadline. The low bidder is Goodson Paving, Inc. of Cocoa, Florida in the amount of $231,599. A Bid Summary Sheet is included as Attachment #2. A proposed contract is included as Attachment #3. A budget transfer is required from 403-000-300-300100 (Cash Forward) to 403-018- 538-630000 (Infrastructure —Capital Improvement). V3 Submitting Department Director: Walter Bandish Attachment(s): Attachment 1 - Project Drawings Attachment 2 - Bid Summary Sheet Attachment 3 - Proposed Contract Date: 04/15/11 City Council Meeting Date: 05/17/2011 Item No, Continued Financial Impact: This is a non -budgeted Project. However, there is $701,875 in reserve funds available in the Stormwater Utility Fund. A budget transfer will be required. Reviewed by City Treasurer: Andrea Bowers >117 Date: j5 r The City Manager recommends that City Council take the following action(s): Award the Bid for Stormwater Improvement Project - Manatee and Banana River Parks in the Amount of $231,599 to Goodson Paving, Inc.; authorize the City Manager to execute contract and approve the budget transfer for same. Approved by City Manager: David L. Greene 0 `J-� Date: 5 /Ot t City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment #1 Project Drawings \� X: Attachment #2 Bid Summary Sheet w o0 0 o N �O 00 Ep 00 Qi IN r,q N G1 CA 6q fq N ,.y L o ol cn r_ON ary 00 o M o Ck 1-4 cl vi cz O •� hn Q V O N`i �f ':1 �> D 0 L amict � a O d O U U Q � LIZ o Q =� a� C7 Attachment #3 Proposed Contract City of Cape Canaveral Drainage Improvements for Banana River/Manatee Parks Brevard County, Florida SSA Job No. 09-0018 SECTION 00500 CONTRACT THIS CONTRACT, made and entered into this day of , 20 , A.D., by and between the City of Cape Canaveral, parry of the first part (hereinafter sometimes called the "Owner"), and Goodson Paving, Inc., party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter setforth, mutually agree as follows: 1.01 SCOPE OF THE WORK The contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Specifications entitled, Specifications for City of Cape Canaveral Drainage Improvements for Banana River/Manatee Parks, City of Cape Canaveral, SSA Job No. 09-0018, as prepared by Stottler Stagg & Associates, Architects, Engineers, Planners, Inc., and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, as follows in 1.02B. B. Based upon the price shown in the Proposal for City of Cape Drainage Improvements for Canaveral Banana River/Manatee Parks heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the sum of two hundred thirty one thousand five hundred ninety-nine Dollars and forty-one Cents ($231,599.41). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work within 10 calendar days after the start of the Contract Time identified on the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work no later than 120 calendar days after receipt of the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby represents that he has carefully examined the surface of the site and made sufficient inquiry and reasonable subsurface and other investigations to become fully CONTRACT 00500-1 City of Cape Canaveral Drainage Improvements for Banana River/Manatee Parks Brevard County, Florida SSA Job No. 09-0018 satisfied that such site is a correct and suitable one for this work and the Bidder assumes full responsibility therefore. The provisions of the Executed Contract Document shall control any inconsistent provisions contained in the Technical Specifications. All Drawings and Technical Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety, or the Engineer. B. Any ambiguity or uncertainty in the Drawings orTechnicai Specifications shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as being in compliance with the terms of this Contract or with the Drawings, and Technical Specifications covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this contract, or the Drawings and Technical Specifications covering said work; and that the Owner may require the Contractor and his Surety to strictly comply with this Contract and the Drawings and Technical Specifications; and that the Owner may require the Contractor and the Surety to repair, replace, restore any and all of said work and materials which within a period of one year from and after the date of the acceptance of the work are found to be defective or to fail in any way to comply with this Contract or with the Drawings and Technical Specifications. This provision shall not apply to materials or equipment which have been subjected to normal wear and tear. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if the Owner sees fit, to replace or repair the same and recover the reasonable cost of such replacement or repair from the Contractor and his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract or his failure to comply strictly and in all things with this Contract and with the Drawings and Technical Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence in performance of this Contract and should the Contractor fail to complete the work within the specified time, which would include any appropriately authorized extensions thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Four Hundred Dollars ($400) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. CONTRACT 00500-2 City of Cape Canaveral Drainage Improvements for Banana River/Manatee Parks Brevard County, Florida SSA Job No. 09-0018 1.06 PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: A. Within twenty (20) days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, pursuant to provisions of Section 219.70, Florida Statutes, Florida Prompt Payment Act, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Contract and until such work has been accepted by the Owner. B. Owner may require submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Technical Specifications have been furnished and are found acceptable by the Owner, final payment on account of this Contract shall be made within sixty (60) days after completion by the Contractor of all work covered by this Contract and acceptance of such work by the Owner. C. Upon receipt of written notice from the Contractor that the work is ready for final inspection and acceptance, the Owner shall, within ten (10) days, make an inspection thereof. If the Owner finds the work acceptable under the Contract and the Contract is fully performed, the Public Works Director, or designee, shall present the final request for payment to the City of Cape Canaveral for approval, stating that the work required by the Contract has been completed and is acceptable under the terms and conditions thereof. D. Before the final request for payment is submitted to the City of Cape Canaveral, the Contractor shall deliver to the Public Works Director, or designee, a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the work has been paid, and a consent of the surety to final payment. E. The making and acceptance of the final payment shall constitute a waiver of all claims bythe Owner, other than those arising from faulty or defective work, failure of the work to comply with requirements of the Contract Documents or terms of any special warranties required by the Contract Documents. It shall also constitute a waiver of all claims by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of the final application for payment. 1.07 ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the Work, the Contractor shall, at his expense, and within three days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory CONTRACT 00500-3 City of Cape Canaveral Drainage Improvements for Banana River/Manatee Parks Brevard County, Florida SSA Job No. 09-0018 to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 1.08 CONTRACT DOCUMENTS A. The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a part of this Contract as if herein repeated. B. Where there is a conflict between an Owner requirement set forth in the Contract Documents, and a more stringent state or Federal requirement which is set forth in the General Conditions section, the more stringent state or Federal requirement shall prevail. IN WITNESS WHEREOF the parties hereto have executed this Contract on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.* Attest: City of Cape Canaveral By: City Clerk City Manager Seal Title: Signed, Sealed and Witnessed in the presence of:** Party of the Second Part By: _ Title: (Seal) (Seal) (*) In the event that the Contractor is a Corporation, there shall be attached to the Contract a certified copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf. (**) Two witnesses are required when Contractor is sole ownership or partnership. CONTRACT 00500-4 City of Cape Canaveral City Council Agenda Form City Council Meeting Die: 05/17/2011 [tem No. Subject: Authorize the City Manager to execute agreements with selected firms for Professional Engineering/Surveying, Planning, Consulting and Architectural Services, as submitted in response to RFQ 2011-01, without need for further City Council action. Department: Administration Summary: To conduct business efficiently and effectively, it is in the City's best interest to have continuing service agreements with various professionals. When the continuing agreements are negotiated, costs for typical services are also negotiated. When services are needed, Task Orders are issued and costs are calculated in accordance with the agreement. In addition, Florida Statute 287.055, also known as the Consultants Competitive Negotiations Act, as well as the City's Purchasing Ordinance, requires competitive selection. To comply with these requirements, this RFQ, was developed. A legal advertisement ran in the Florida Today newspaper on February 4, 2011. The RFQ was distributed to 49 firms. On March 7, 2011 Statements of Qualifications (SOQs) were received from 21 firms. The SOQs and preliminary ranking forms were distributed to the Selection Committee and over the next twelve days, the SOQs were reviewed and ranked for each submitted category. In all but one case, the firms submitted for multiple categories. The Committee Members returned their forms to the City Clerk's Office for tabulation on March 21" and met on March 22nd to review the preliminary rankings and decided oral presentations were not necessary. The Committee recommended the City Council authorize negotiations with 7 firms in the Civil Engineering/Surveying Category, 4 firms for Planning Services, 3 firms for Consulting Services and 5 firms for Architectural Services. At the April 19, 2011 City Council Meeting, the City Manager was authorized to begin negotiations with selected firms. The Sample Agreement has been prepared by the City Attorney's Office for each selected firm and negotiations are underway to obtain the lowest rates possible. To have these firms under contractual agreement as quickly as possible, it is recommended the City Council authorize the City Manager to execute them without need for further City Council action. Submitting Department Director: Angela M. Apperson *Date: 5/3/2011 Attachment(s): 1. Selected firms. 2. Sample Agreement. City Council Meeting Date: 05/17/2011 Item No. Continued Financial Impact: The best rates possible will be negotiated. Task Orders will be used to assign work to each firm as needed and will establish the fee for the work based upon the previously negotiated rates. It is impossible to project the total financial impact; however, no purchase order will be approved for a Task Order unless sufficient moneys are available within the Budget and City policies, Ordinances and State laws are complied with. �y Reviewed by City Treasurer: Andrea Bowers AY Date: 5 1 j 1( The City Manager recommends that City Coun6il take the following action(s): Authorize the City Manager to execute agreements with selected firms for Professional Engineering/Surveying, Planning, Consulting and Architectural Services, as submitted in response to RFQ 2011-01, without need for further City Council action. Approved by City Manager: David L. Greene JV%'- Date: S/Y I 1 c City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment 1 Selected Firms Professional En__ inq Bering/Surveying: Quentin L. Hampton Associates, Inc. Tetra Tech, Inc. Stottler Stagg & Associates Geosyntech Consultants Allen Engineering, Inc. Baskerville -Donovan, Inc. Kimley Horn and Associates, Inc. Planning: Kimley Horn and Associates, Inc. Urban Networks, LLC Planning Design Group Miller Legg Consulting: Raftelis Financial Kimley Horn and Associates, Inc. Econ Architectural Services: Woolpert Kimley Horn and Associates, Inc. Baskerville -Donovan, Inc. GLE Associates, Inc. Brad Smith Associates, Inc. AGREEMENT FOR CONTINUING (enter appropriate from below) SERVICES (Engineering/Surveying, Planning Consulting or Architectural) THIS AGREEMENT is made and entered this day of 2011, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation ("City"), located at 105 Polk Avenue, Cape Canaveral, Florida 32920, and ., a corporation authorized to conduct business in Florida ("Consultant"), whose principal address is WITNESSETH: WHEREAS, City has a need to obtain services from time to time on an as - needed, task - oriented basis; and WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, section 287.055, Florida Statutes; and WHEREAS, Consultant participated in the selection and negotiation process; and WHEREAS, Consultant is willing to provide such services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this Agreement shall terminate on the fifth (5th) anniversary of the Effective Date. The Parties shall have the option to extend the term for two (2) additional one (1) year renewals. Such an extension shall only be by written amendment to this Agreement executed by both parties hereto. 1.2 The terms and conditions of any Task Order, as described in Section 2 hereof, shall be as set forth in such Task Order. Any Task in effect at the termination of this Agreement shall remain in effect until completion of said Task Order, and all of the terms and conditions of this Agreement shall survive until completion of all Task Orders. 1.3 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Consultant to provide the architectural services approved by Task Order by the City and is also sometimes referred to herein to include all Task Orders approved hereunder. Sample Agreement for Continuing Services City of Cape Canaveral/ (firm name) 1 b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Consultant" shall mean (enter firm name). and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in section 119.01 1(12), Florida Statutes as may be amended. C. "Reimbursable Expenses" shall mean the actual expenses incurred by Consultant or Consultant's independent professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, section 112.061, Florida Statutes, as may be amended or any other actual and direct expenses the City agrees to reimburse by Task Order. f "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in a Task Order. g. "Task Order" shall mean a written document approved by the parties pursuant to the procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the Work to be performed by Consultant under this Agreement, and shall include, without the necessity of a cross - reference, the terms and conditions of this Agreement. 1.4 Engagement. The City hereby engages the Consultant and Consultant agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 The City shall make request of Consultant to perform (enter appropriate type) services on a "task" basis. The City will communicate with Consultant, verbally or in writing, a general description of the task to be performed. The Consultant will generate a detailed Scope of Work document, prepare a Schedule, add a Lump Sum Fee with a detailed cost breakdown to accomplish the task, and send the thus developed "Task Proposal" to the City. The detailed cost breakdown of the lump sum fee shall consist of a list of major sub -tasks and a man -hour breakdown for all work to be performed. The cost breakdown shall include all sub - consultant work and the Task Proposal shall include the written price proposals from all sub - consultants. The detailed cost breakdown shall include a line item for Reimbursable Expenses and the list of the expenses proposed to be eligible for reimbursement. The City will review the Task Proposal, and if the description is mutually acceptable, the parties will enter into a written "Task Order." The Scope of Services generally to be provided by the Consultant through a Task Order may include any architectural services for any City project and may Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) contain written terms and conditions which are deemed supplemental to this Agreement. The City will issue a notice to proceed to the Consultant in the form of a letter and an executed City purchase order. Upon receipt of the signed Task Order and the written notice to proceed from the City, the Consultant shall perform the services set forth in the Task Order. 2.2 The City reserves the right, at its discretion, to perform any services related to this Agreement or to retain the services of other (enter type) companies to provide professional services. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Consultant. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Consultant will negotiate any change in total cost or schedule modifications. If the City and the Consultant approve any change, the Task Order will be modified in writing to reflect the changes; and Consultant shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Consultant's designated representative. 3.2 All of City's said Task Orders and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Consultant shall perform services in conformance with the mutually agreed schedule set forth in the negotiated Task Order. Consultant shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Consultant fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed -upon schedule. 4.2 No extension for completion of services shall be granted to Consultant without City's prior written consent, except as provided in Sections 3.1 and 19.1 herein. 4.3 Any cost caused by defective or ill -timed services shall be borne by the party responsible therefore. 5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF CONSULTANT 5.1 General Services. For basic and additional Services performed by Consultant's principals, employees, and resident project representatives (and assistants) pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Consultant an amount equal to that agreed upon by the parties for a particular Task Order. However, payment terms must be consistent with the terms and conditions in this Agreement. To the extent that the payment terms in any Task Order conflict with the payment terms set forth in this Agreement, the conflicting provisions of this Agreement shall prevail. Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 3 5.2 Additional Services Performed by Professional Associates and Consultants. For additional Services and Reimbursable Expenses of independent professional associates and consultants employed by Consultant to render additional Services pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Consultant an amount equal to that billed Consultant by the independent professional associates and consultants. Prior to payment by the City, the Consultant shall submit to the City a copy of any written invoice received by Consultant from all independent professional associates and consultants which clearly evidences the amount billed by the independent professional associates and consultants for additional Services and any Reimbursable Expenses. 5.3 Witness Services. For witness or expert services rendered by Consultant's principals, employees, resident project representatives (and assistants), and independent professional associates and consultants on behalf of the City in any litigation, arbitration, or other legal or interested administrative proceeding in which the City is a named interested party, City agrees to pay the Consultant or independent professional associate or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the party for a particular Task Order. 5.4 Florida Prompt Payment Act. Payment shall be due and payable as provided by the Florida Prompt Payment Act section 218.70 et. seq., Florida Statutes. 5.5 Miscellaneous. Under no circumstances shall actual or direct costs under this Agreement include costs associated with in efficiency, offsite or home office overhead, loss of productivity, consequential damages, Iegal or consulting costs, or costs associated with delays caused in whole or in part by the Consultant. 5.6 Errors and Deficiencies. Consultant shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Consultant's services provided under this Agreement. 5.7 Payment Offsets. To the extent that Consultant owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge the Consultant for any money owed to the City by Consultant. 5.8 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Consultant shall remain liable to the City in accordance with applicable law for all damages to the City caused by Consultant's performance of any services provided under this Agreement. 5.9 Delay Remedy. The risk of any monetary damages caused by any delays in performing the Services under this Agreement and any Task Order are accepted and assumed entirely by the Consultant, and in no event shall any claim relating thereto for an increase in compensation be made or recognized. Consultant shall not make any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or interruption caused Sample Agreement for Continuing Services City of Cape Canaveral/ (firm name) 4 by any delay. Consultant's remedy for a delay shall be an equitable extension of time to perform the Services for each day of such delay that impacts the critical path of the schedule established under this Agreement or specific Task Order. 6.0 RIGHT TO INSPECTION 6.1 City or its affiliates shall at all times have the right to review or observe the Services performed by Consultant. 6.2 No inspection, review, or observation shall relieve Consultant of its responsibility under this Agreement. 7.0 PROGRESS MEETING 7.1 City's designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of any Task Order entered into under this Agreement. Consultant's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. 8.0 SAFETY 8.1 Consultant shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 9.0 REASONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Consultant reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE 10.1 Liability Amounts. During the term of this Agreement, Consultant shall be responsible for providing the types of insurance and limits of liability as set forth below. a. Professional Liability. Proof of professional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit per claim and $1,000,000 in the aggregate. b. General Liability. The Consultant shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage which may arise from any Services performed under this Agreement whether such Services are performed by the Consultant or by anyone directly employed by or contracting with the Consultant. Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 5 C. Automobile Liability. The Consultant shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 per occurrence combined single limit for bodily injury, including wrongful death, and property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles, whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant. d. Workers' Compensation. The Consultant shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time. 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Consultant by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Consultant shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Consultant. The Consultant shall immediately forward fiends to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 10.1.b and 101c as "additional insured." The Consultant shall cause its insurance carriers, prior to the effective date of this agreement to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Consultant in accordance with this Article on the basis of its not complying with the Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 6 Agreement, the City shall notify the Consultant in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 10.4 Independent Associates and Consultants. All independent associates and consultants employed by Consultant to perforin any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS 11.1 Consultant shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement. 12.0 REPRESENTATIONS 12.1 Consultant represents that the Services provided hereunder shall conform to all requirements of this Agreement and any Task Order, shall be consistent with recognized and sound architectural practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. Consultant shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Consultant's services shall be consistent with the time periods established under this Agreement or the applicable Task Order. Consultant shall provide City with a written schedule for services performed under each Task Order and such schedule shall provide for ample time for the City to reviews, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Consultant's designated representative shall have the authority to act on Consultant's behalf with respect to the Services. In addition, Consultant's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Consultant's professional judgment with respect to the Services. The Consultant shall review laws, codes, and regulations applicable to Consultant's Services. The Consultant's services and design shall comply with all applicable requirements imposed by all public authorities. The Consultant represents and warrants that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with all applicable requirements of law, codes, and regulations. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all plans, studies, reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated by Consultant for nonpayment of any proper invoices, or the City exercises its rights to perform the Services pursuant to under Paragraph 2.2 herein, Consultant shall be responsible for the satisfactory and complete execution of the Services described in this Agreement and any Task Order. The Consultant represents that it will carefully examine the scope of services required by the City in and Task Order, that it will investigate the essential requirements of the services required by the Task Order, and that it will Sample Agreement for Continuing Services City of Cape Canaveral/ (firm name) 7 have sufficient personnel, equipment, and material at its disposal top complete the services set forth in the Task Order in a good professional and workmanlike manner in conformance with the requirements of this Agreement. 12.2 Consultant represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 13.0 GUARANTEE AGAINST INFRINGEMENT 13.1 Consultant guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Consultant shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Consultant may elect to provide non - infringing services. 14.0 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Consultant. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Consultant shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Consultant be open and freely exhibited to the City for the purpose of examination and/or audit. a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Consultant and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Consultant, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Consultant. Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 8 b. Ownership of Documents. The City and the Consultant agree that upon payment of fees due to the Consultant by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Consultant waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Consultant or not. C. Preexisting Ownership Rights to Documents. Notwithstanding any provisions to the contrary contained in this Agreement, Consultant shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to computer programs, software, standard details, figures, templates and specifications. 15.0 ASSIGNMENT 15.1 Consultant shall not assign or subcontract this Agreement, any Task Order hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 15.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Consultant, Consultant shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Consultant who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Consultant, prior to the commencement of any Work by the subcontractor, Consultant shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR 16.1 At all times during the term of this Agreement, Consultant shall be considered an independent contractor and not an employee of the City. 17.0 DEFAULT BY CONSULTANT AND CITY'S REMEDIES 17.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 9 17.2 Consultant defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Consultant shall have such time as is reasonably necessary to remedy the default, provided the Consultant promptly takes and diligently pursues such actions as are necessary therefore; or 17.3 Consultant is adjudicated bankrupt or makes any assignment for the benefit of creditors or Consultant becomes insolvent, or is unable or unwilling to pay its debts; or 17.4 Consultant has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 17.5 Consultant has committed any act of fraud upon the City; or 17.6 Consultant has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 17.7 Consultant has assigned this Agreement or any Task Order without the City's prior written consent. 17.8 Notwithstanding the aforementioned, in the event of a default by Consultant, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TERMINATION 18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Consultant, terminate this Agreement, without penalty, if. (a) Consultant is in default pursuant to paragraph 17.0 Default; (b) Consultant makes a general assignment for the benefit of its creditors; (c) Consultant fails to comply with any condition or provision of this Agreement; or (d) Consultant is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In addition, either party may terminate for convenience with no penalty at any time upon thirty (30) days advance written notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 19.0 FORCE MAJEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 10 affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVERABILITY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 11 commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT 261 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Consultant with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE 27.1 Nothing herein shall be deemed to create a joint venture or principal —agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES 28.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS 29.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 30.0 DRAFTING 30.1 City and Consultant each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE 31.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Consultant: Firm name Address City. State, zip Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 12 Phone Fax For City: City of Cape Canaveral Attention: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868 -1230 Phone (321) 868 -1224 Fax 31.2 Either party may change the notice address by providing the other party written notice of the change. 32.0 SOVEREIGN IMMUNITY 32.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 33.0 CORPORATE REPRESENTATIONS BY CONSULTANT 33.1 Consultant hereby represents and warrants to the City the following: a. Consultant is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Consultant has the power, authority, and legal right to execute and deliver this Agreement on behalf of Consultant. 34.0 INDEMNIFICATION 341 Consultant shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed by the Consultant in the performance of the Agreement and any Task Order. Sample Agreement for Continuing Services City of Cape Canaveral / (firm name) 13 34.2 Consultant shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Consultant's breach and caused by other persons employed by the Consultant in the performance of the Agreement and any Task Order. The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate and independent indemnity provisions. 35.0 CONSULTANT'S PERSONNEL AT CONSTRUCTION SITE 35.1 The presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make Consultant or Consultant's personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the applicable construction contract documents and any health or safety precautions required by such construction work. Consultant and Consultant's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Consultant's own personnel. 35.2 The presence of Consultant's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed work will conform generally to the applicable contract documents and that the integrity of the design concept as reflected in the contract documents has been implemented and preserved by the construction contractor(s). Consultant neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the contract documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. 36.0 RECORD DRAWINGS 36.1 Record drawings, if required, will be prepared, in part, on the basis of information compiled and famished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Consultant is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 37.0 ADDITIONAL ASSURANCES 37.1 The Consultant for itself and its Sub - consultants, if any, certifies that: Sample Agreement for Continuing Services City of Cape Canaveral/ (firm name) 14 a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architectural activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; C. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. d. The undersigned is authorized to execute this Agreement on behalf of the Consultant and said signature shall bind the Consultant to this Agreement. No further action is required by the Consultant to enter into this Agreement other than Consultant's undersigned representative execution of the Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CONSULTANT: CITY OF CAPE CANAVERAL (Firm name) David Greene, City Manager ATTEST: Angela Apperson, City Clerk Sample Agreement for Continuing Services City of Cape Canaveral/ (firm name) 15 Title City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/17/2011 Item No. (� Subject: Award the Bid for Stormwater Improvements Project — Pipe Replacement in Harbor Heights in the Amount of $83,470 to Atlantic Development of Cocoa, Inc.; authorize the City Manager to execute the contract and approve budget transfer in the amount of $91,470. Department: Public Works Summary: The eastern portion of the Harbor Heights neighborhood experienced residential flooding during and after Tropical Storm Fay, in Summer 2008. Due to this flooding, the City's engineering firm (Stottler Stagg & Associates) was tasked to perform a computer modeling study to determine potential corrective measures which would improve stormwater flow. Results of the study indicated that the north -south trending stormwater pipe located in the eastern portion of the subdivision is undersized and should be replaced with a larger diameter pipe. In scheduling the proposed project, Staff determined that utility easements had not been obtained from area residents when the existing stormwater pipe was installed in the 1960s. Therefore, in order to properly complete the stormwater improvements project, the City Attorney was tasked with obtaining easements from six residents. These easements were obtained and have been recorded with Brevard County. An Area Map showing the proposed stormwater improvements (pipe replacement) is included as Attachment #1. Three bids were obtained to perform the work - the low bidder for the project was Atlantic Development of Cocoa, Inc. (Atlantic - $83,470). A Bid Summary Sheet is included as Attachment #2. A proposed contract between the City and Atlantic is included as Attachment #3. Due to the complex nature of this project, staff is asking for an additional $8,000.00 contingency allowance. A budget transfer is required from 403-000-300-300100 (Cash Forward) to 403-018- 538-630000 (Infrastructure —Capital Improvement). Submitting Department Director: Walter Bandish vLDate: 05/05/11 Attachment(s): Attachment 1 - Area Map Attachment 2 - Bid Summary Sheet Attachment 3 — Proposed Contract City Council Meeting Date: 05/17/2011 Item No. 6 Continued Financial Impact: This is a non -budgeted Project. There is $701,875 in reserve funds in the Stormwater Utility Fund. However, $231,599 was requested for the Manatee and Banana River Parks Stormwater Improvement Project, which is set for approval at this Council Meeting. The remaining available balance is $470,276. A budget transfer will be required. Reviewed by City Treasurer: Andrea BowersV) Date: C �a I (( J The City Manager recommends that City Council tfi'Ke the following action(s): Award the Bid for Stormwater Improvements Project --- Pipe Replacement in Harbor Heights in the Amount of $83,470 to Atlantic Development of Cocoa, Inc.; authorize the City Manager to execute the contract and approve budget transfer in the amount of $91,470. Approved by City Manager: David L. Greene C) 7>_L Date: S%/o l! i City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment #1 Area Map Z<MMMM Attachment #2 Bid Summary Sheet Bid Summary Sheet Harbor Heights Stormwater Improvements Project Atlantic Development Inc. $83,470.00 Jobear/Warden Construction, Inc. $37,245.00 Brewer Paving & Development, Inc. $142,999.25 Attachment #3 Proposed Contract City of Cape Canaveral Harbor Heights Stormwater Improvements Project Brevard County, Florida CONTRACT THIS CONTRACT, made and entered into this day of , 2Q , A.D., by and between the City of Cape Canaveral, party of the first part (hereinafter sometimes called the "Owner"), and Atlantic Development of Cocoa, Inc., party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK The contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings as prepared by Stottler Stagg & Associates, Architects, Engineers, Planners, Inc., and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, as follows in 1.02B. B. Based upon the price shown in the Proposal for the Harbor Heights Stormwater Improvements Project heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the sum of eighty three thousand four hundred seventy dollars and zero cents ($83,470.00). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work within 10 calendar days afterthe start of the Contract Time identified on the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work no later than 90 calendar days after receipt of the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby represents that he has carefully examined the surface of the site and made sufficient inquiry and reasonable subsurface and other investigations to become fully satisfied that such site is a correct and suitable one for this work and the Bidder assumes full responsibility therefore. The provisions of the Executed Contract Document shall control any inconsistent provisions contained in the Drawings. All Drawings have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions orsituations shall this Contract be more strongly construed against the Owner than against the Contractor or the Engineer. CONTRACT City of Cape Canaveral Harbor Heights Stormwater Improvements Project Brevard County, Florida B. Any ambiguity or uncertainty in the Drawings shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as being in compliance with the terms of this Contract or with the Drawings covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this contract, or the Drawings covering said work; and that the Owner may require the Contractor to strictly comply with this Contract and the Drawings; and that the Owner may require the Contractor to repair, replace, and/or restore any and all of said work and materials which within a period of one year from and after the date of the acceptance of the work are found to be defective or to fail in any way to comply with this Contract orwith the Drawings. This provision shall not apply to materials or equipment which have been subjected to normal wear and tear. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if the Owner sees fit, to replace or repair the same and recover the reasonable cost of such replacement or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract or his failure to comply strictly and in all things with this Contract and with the Drawings. 9.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence in performance of this Contract and should the Contractor fail to complete the work within the specified time, which would include any appropriately authorized extensions thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Hundred Dollars ($100) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractorto complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. 9.06 PARTIAL AND FINAL PAYMENTS The Owner shall pay the Contractor as follows: A. Within thirty (30) days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work, pursuant to provisions of Section 219.70, Florida Statutes, Florida Prompt Payment Act. B. Owner may require submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required on the Drawings have been furnished and are found acceptable by the Owner, final payment on account of this Contract shall be made within sixty (60) days after completion by the Contractor of all work covered by this Contract and acceptance of such work by the Owner. CONTRACT 2 City of Cape Canaveral Harbor Heights Stormwater Improvements Project Brevard County, Florida C. Upon receipt of written notice from the Contractor that the work is ready for final inspection and acceptance, the Owner shall, within ten (10) days, make an inspection thereof. If the Ownerfinds the work acceptable under the Contract and the Contract is fully performed, the Public Works Director, or designee, shall present the final request for payment to the City of Cape Canaveral for approval, stating that the work required by the Contract has been completed and is acceptable under the terms and conditions thereof. D. Before the final request for payment is submitted to the City of Cape Canaveral, the Contractor shall deliver to the Public Works Director, or designee, a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the work has been paid. E. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from faulty or defective work, failure of the work to comply with requirements of the Contract Documents or terms of any special warranties required by the Contract Documents. It shall also constitute a waiver of all claims bythe Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of the final application for payment. 1.07 CONTRACT DOCUMENTS A. Where there is a conflict between an Owner requirement set forth in the Contract, and a more stringent state or Federal requirement, the more stringent state or Federal requirement shall prevail. CONTRACT 3 City of Cape Canaveral Harbor Heights Stormwater Improvements Project Brevard County, Florida IN WITNESS WHEREOF the parties hereto have executed this Contract on the dayand date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.* Attest: City Clerk Seal Signed, Sealed and Witnessed in the presence of:** City of Cape Canaveral By: City Manager Title: Party of the Second Part By: Title: (Seal) (Seal) (*) In the event that the Contractor is a Corporation, there shall be attached to the Contract a certified copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf. (**) Two witnesses are required when Contractor is sole ownership or partnership. CONTRACT 4 City of Cape Canaveral City Council Agenda Form City Council Meetin Date: 5/17/2011 Item No. Subject: Ordinance No. 02-2011, amending Section 110-486 of the Code of Ordinances related to Resort Dwellings and Resort Condominiums; requiring Nonconforming Resort Dwellings and Resort Condominiums to be licensed by the State in order to operate; providing that Nonconforming Resort Dwellings and Resort Condominiums shall be considered abandoned and lose their Nonconforming Status if their State license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Administrative Summary: Currently, legally nonconforming resort dwellings and resort condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the license otherwise expires or lapses for more than 30 days. At the January 4, 2011 City Council meeting, Council Member Morgan made a request to further discuss City Code Section 110-486 Resort Dwellings; Resort Condominiums; Nonconforming Use Status, Expiration. Council Member Morgan stated his belief that a Resort Dwelling or Resort Condominium established in accordance with this Ordinance should retain the right to operate as such, even if found to be in violation of City Code Section 110-486(c)(2): (c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this section shall lose its nonconforming status if any one of the following occurs: (1) The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code; (2) The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation revokes the resort dwelling's or resort condominium's license for whatever reason, or if said license should otherwise expire or lapse at any time for a period of time in excess of 30 days. (3) The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. At the February 15, 2011 City Council meeting, Council discussed the matter further and directed the Citv Attornev to draft an Ordinance revision which relaxes this 30-dav City Council Meeting Date: 05/17/2011 t Item No. l Continued provision of the City Code. The revision, attached, notes that the abandonment provisions of Section 110-197 apply to resort dwellings and resort condominiums and would cause the loss of non -conforming status after 180 days of non-compliance. For instance, if the state license expires for any reason for a period of 180 days or more, the non -conforming status is lost. On March 23rd, the Planning and Zoning Board recommended approval of the Ordinance as proposed. The City Council approved Ordinance 2011-02 for first reading on April 19, 2011. The Notice of Hearing for the Ordinance was published in the Florida Today newspaper on April 25, 2011. The Ordinance is presented for the second reading and final adoption. Submitting Department Director: Angela Apperson Date: 04.28-2011 Attachment(s): Ordinance No. 02 — 2011 Florida Today advertisement Financial Impact: No direct impact. Reviewed by City Treasurer: Andrea Bowers Date: 6 La I The City Manager recommends that City Council take the following acti n(s): Approve Ordinance No. 02-2011 at Second Reading. Approved by City Manager: David L. Greene 0 7� Date: of d 9 r z City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 02-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110- 486 OF THE CODE OF ORDINANCES RELATED TO RESORT DWELLINGS AND RESORT CONDOMINIUMS; REQUIRING NONCONFORMING RESORT DWELLINGS AND RESORT CONDOMINIUMS TO BE LICENSED BY THE STATE IN ORDER TO OPERATE; PROVIDING THAT NONCONFORMING RESORT DWELLINGS AND RESORT CONDOMINIUMS SHALL BE CONSIDERED ABANDONED AND LOSE THEIR NONCONFORMING STATUS IF THEIR STATE LICENSE LAPSES FOR MORE THAN 180 DAYS; PROVIDINGFORTHE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2007, the City Council adopted Ordinance 04-2007, which provided that resort dwelling and resort condominium uses were permitted uses in the City's C-1 Low Density Commercial District only; and WHEREAS, Ordinance 04-2007 also provided that existing resort dwelling and resort condominium uses located outside of the City's C-1 District may be considered legally nonconforming and continue operation subject to certain licensing and permitting requirements; and WHEREAS, currently, legally nonconforming resort dwellings and resort condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the license otherwise expires or lapses for more than 30 days; and WHEREAS, the City Council desires to relax this standard by providing owners of resort dwellings and resort condominiums a reasonable period of time to renew or restore their state -issued license in the event the license is revoked, or otherwise expires or lapses; 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 City of Cape Canaveral Ordinance No.02-2011 Page 1 of 4 County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this 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 3c tic ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY *** Sec. 110-486. - Resort dwellings; resort condominiums; nonconforming use status; expiration. *** (c) All resort dwellings and resort condominiums deemed nonconforming pursuant to this section shall remain licensed at all times by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Should said license be revoked for any reason, or otherwise lapse or expire, the resort dwelling or resort condominium shall not be permitted to operate as a resort dwelling or resort condominium until said license is renewed or restored. Should any nonconforming resort dwelling or resort condominium license lapse for more than 180 days, said resort dwelling or resort condominium shall be considered abandoned pursuant to section 110-197 of this Code, and shall lose its nonconforming status. Any resort dwelling or resort condominium deemed nonconforming pursuant to this section shall lose its nonconforming status if any one of the following occurs: (1) The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code; City of Cape Canaveral Ordinance No.02-2011 Page 2 of 4 f 3�—The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. (ed) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (low density commercial district) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within with inthe city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Section 3. 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 4. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No.02-2011 Page 3 of 4 11 111113B ili1.�M .: ,.: f 3�—The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. (ed) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (low density commercial district) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within with inthe city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Section 3. 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 4. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No.02-2011 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of May, 2011. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published Second Reading: April 19, 2011 April 25, 2011 May 17, 2011 Rocky Randels, Mayor For Against Approved as to legal farm and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No.02-2011 Page 4 of 4 View Legal Ad# 236264 Print Window Close Window A D#236264,0412512011 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 02-2011 In the Cape Canaveral Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, May 17, 2011. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE 02-2011 An Ordinance of the City Council of the City of Cape Canaveral, Florida, amending Section 110-486 of the Code of Ordinances related to Resort Dwellings and Resort Condominiums; requiring Nonconforming Resort Dwellings and Resort Condominiums to be licensed by the State Pn order to operate; providing that Nonconforming Resort Dwellings and Resort Condominiums shall be considered abandoned and lose their Nonconforming Status if their Stale license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabllltles needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1220) 48 hours in advance of the meeting. AD#: 236264 Publication: Florida Today First Published: 04-25-2011 Page 1 of 1 http:Illegals.flatoday.net/db/display.hun?CMD=DISPLAY&ld=64069 4/28/2011 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0511712011 Item No. _Y Subject: Ordinance No. 03-2011, amending Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Community Development Department Summary: The Florida Beer Company is currently located in Melbourne. Jim Massoni, President of Florida Beer Company, is seeking a new location for his brewery that would allow for the expansion of the brewing operation and attract visitors for a tour of the facilities, a tasting of the product, and retail sales. Mr. Massoni is currently considering the Marshall Manufacturing site which is located on Imperial Boulevard in the M-1 Light Industrial and Research and Development Zoning District. This District does not allow for a brewery. Therefore, Mr. Massoni is requesting a code amendment to permit breweries with tasting rooms and associated retail sales in the M-1 Light Industrial and Research and Development Zoning District. See attached application with informational material about the Florida Beer Company. Mr. Massoni has agreed to dedicate an easement, 30 ft. in width, running the entire length of the eastern boundary of the brewery property in order to accommodate a future roadway connecting the Port to Imperial Boulevard and thereby to Central Boulevard. A future roadway connecting Central Blvd. to the Port is an important component for development of the City's industrial areas, the Central Boulevard corridor, and a Town Center Project. Staff recommendation: Staff believes that a brewery is an appropriate use in the M-1 Light Industrial and Research and Development Zoning District, and that the proposed project would attract visitors to the City and compliment other tourist related businesses in the area. This use would enhance local offerings for all visitors including those patronizing the cruise ships. A brewery does not conflict with the intent of the Industrial land use classification as described in the Comprehensive Plan. This use would also support the Vision Statement that envisions "A community that..... actively recruits and supports businesses that enhance economic viability and serve our residents and visitors." Staff recommends amending the Code of Ordinances to allow for a brewery with tasting room and retail sales in the M-1 Light Industrial and Research and Development District. Planning and Zoning Board Recommendation: The Board heard the request on March 23, 2011 and unanimously recommended that the City Council approve the proposed ordinance as written. City Council approved 1st reading on April 19, 2011. Ad appeared in the Florida Today newspaper on April 23, 2011. Submitting Department Director: Barry Brown Date: 05-06-11 Attachments: (1) Ordinance No. 03-2011; (2) Application; (3) Company Background; (4) Planning and Zoning Board recommendation; (5) Newspaper Ad. Financial Impact: Diversification of City Businesses will provide a long-term positive financial impact. Reviewed by City Treasurer: Andrea Bowers q�r Date: '51 lol [l The City Manager recommends that City Councir take the following action(s): Adopt Ordinance No. 03-2011. Approved by City Manager: David L. Greene t9 `- Date: 5,1101/1 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 03- 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VII, DISTRICTS, OF THE CODE OF ORDINANCES TO PERMIT BREWERIES WITH OR WITHOUT TASTING ROOMS AND ASSOCIATED RETAIL SALES IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Code does not currently regulate the location of breweries with tasting rooms and retail sales within the City; and WHEREAS, the City Council finds a need to modify the City Code to provide for the regulation of placement of breweries, and further finds that such regulation is a desirable option for the City; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed amendment at a duly noticed public hearing held on March 23, 2011, and said Board and City Staff have recommended approval of this Ordinance; 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Article VII, Districts, Division 6, M-1 Light Industrial and Research and Development District, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and it is intended that the text in Chapter 110 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 03-2011 Page 1 of 3 CHAPTER 110 ARTICLE VII DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: x x x (10) Breweries, with or without tasting rooms and associated retail sales. Section 3. 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 4. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance 03-2011 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of , 2011. ATTEST: Rocky Randels, Mayor FOR AGAINST i o ' i Angela Apperson, City Clerk Jim Morgan First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance 03-2011 Page 3 of 3 APPLICATION FOR A MNDMENT TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES DATE: 3.,17 - To t APPLICANT: IW!'l1m/ Ximif12 i�E1/40.44nf OAF. DBA FLDAIp-F $SCIZ CoHPAAJ ADDRESS: 7Z S S I LLJrR PSC, f'f 34&g� City is 6owAde State Z ZIP324Oi-TELEPHoNE: Sz t- 7 o- 3 G a. REQUESTING AMENDMENT TO CODE SECTION REQUESTED CHANGE TO READ: -Ll 0 — /'I & ) 3;9ir, REASON FOR _TY AD FEE FOR REQUEST: $250.00 DATE PAID: 1 7VTL-f 4AIU-' 5A(A-LL -PPOVOC W(2-Po5ED 'M<TFCF (A -P -Ag# A,-WrjcpA 1A i - DATE FILED RECEIVED BY City of Cape Canaveral Building Department Mease Print LegibIy orType) FEE PAID DEPOSIT $ 250.00 FILING FEE IS NON-REFUNDABLE NATURE OF REQUEST SPECIAL EXCEPTION —VARIANCE _ REZONING _ APPEAL CODE AMENDMENT (IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET #1 0 TOWER APPLICATION) DESCRIPTION Or, REQUEST STATEMENT OF FACT_ State of Florida; County of Brevard; I, , being duly sworn, depose and say that: I am the owner. I am the owner's designated agent(Attach notarized letter of authorization) Owner's Name Address Home Phone '# _ (If other than owner) Applicant's Name Address Hoene Phone # _ City State Zip Work Phone 0 Other ---Pity State Zip Work Phone # ether All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Swom to and subscribed before me this day of • _ Si tre of Applicant Notary Public, State of Florida The completed request form and the $250.00 fling fee must be filed as follows: Requests for Variances and Special Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting request for rezoning 30 days prior to the.Planning & Zoning Board meeting; Request for Telecommunications Towers, Sixty days prior to the Plaurihig & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. ( A deposit may be required, see rode section 110-92 for applicability) FOR CITY USE ONLY Notice of Public Bearing Published in Newspaper on Notice to applicant isy Certified Mail No. on • Notice posted on Bulletin Board on Notice posted on subject property on Prop. owners within 500 ft. notified'on Company Background March 2010 Indian River Beverage Corporation D/B/A Florida Beer Company is engaged in the manufacturing, packaging, marketing and sale of alcoholic beverages, specifically malt based products (beer) and hard apple cider (wine). The Company participates in the premium craft beer market. The Company is organized in the state of Florida as a C Corporation. Originally founded in 1996 as Indian River Brewing, the Company was recapitalized and reorganized in August of 2003 with the addition of the current ownership group. In March of 2005 Indian River Beverage Corporation acquired the assets of Ybor City Brewing Company of Tampa, FL which included Key West Brewery, Miami Brewing and La Tropical. Indian River Beverage Corporation does business as Florida Beer Company. Florida Beer Company is the largest craft brewer in the State" of Florida with all production performed in the state of Florida. All our Fresh products qualify as "Fresh From Florida". F1 a, The State of Florida is the third largest beer market in the country. While Florida ranks among the top for beer consumption in the United States historically the craft segment has lagged versus other parts of the country. In recent years this has changed. The craft market is now outpacing all other segments and the craft market in Florida has grown at 22% in Florida versus 11.4% in the rest of country. The Company produces and sells 19 beers (malt beverages) and 2 apple -based ciders entirely manufactured and packaged at our company-owned brewery in Melbourne, FL. The Company also engages in contract brewing for a small number of customers. As a craft brewery we brew in small batches and use only 4 ingredients. Water, malted barley, hops and yeast. We are also a packaging brewery which means our products are sold in kegs and consumer bottles for distribution. US Breweries July 31 2010 Brewpubs 994 Microbreweries 534 Regional Craft Breweries 71 Total US Craft Breweries 1,599 Large Non -Craft Breweries 20 Other Breweries 21 Total US Breweries 1,640 Production in 2010 was 20,000 barrels, the equivalent of just over 275,000 cases of beer or 620,000 gallons. This volume propels Florida Beer Company from a microbrewery into the Regional Craft Brewery category of which there are 71 participants in the country. This represented approximately 50% growth from 2009. The Company sells its products through a network of wholesale distributors who then sell to bars, restaurants, grocery stores, package stores and other specialty beverage retailers. The company directly employs regional sales representatives to market and sell its' products through the wholesale network. The Company sells its products predominantly in the state of Florida (80% +), but also markets in New York, Illinois, Georgia, Alabama, Tennessee, South Carolina, North Carolina, Virginia and the Caribbean. Florida, which represents the bulk of the Company sales, is a three-tier state governed by a franchise law. In many states, specifically Florida, laws affect enforcement of certain terms of the distributor agreements. Florida has traditionally not been a small brewery friendly state and legislative reform is needed to correct this. The Company maintains two facilities located in Melbourne, Brevard County Florida. The production brewery is located at 2500 South Harbor City Blvd. This building is approximately 12,000 square feet and houses all production related activity and equipment, a tasting room with retail store and approximately 1,000 square feet of office space. Craft Brewer Facts Craft brewers currently provide an estimated 100,000 jobs in the U.S., including serving staff in brewpubs. 3 Growth of the craft brewing industry in the first half of 2010 was 9% by volume and 12% by retail dollars. y Overall, U.S. beer sales were down an estimated 2.7% by volume in the first half of 2010. Growth of the craft brewing industry in 2009 was 7.2% by volume and 10.3% by dollars compared to growth in 2008 of 5.9% by volume and 10.1% by dollars. 2 Craft brewers sold an estimated 9,115,635 barrels" of beer in 2009, up from 8,501,713 in 2008. Overall, US beer sales were down 2.2% in 2009. Imported beer sales were down 9.8% in 2009, equating to a loss of 2.8 million barrels. The craft brewing sales share in 2009 was 4.3% by volume and 6.0% by dollars. Craft brewer retail dollar value in 2009 was an estimated $6.98 billion, up from $6.32 billion in 2008. 1,595 breweries operated for some or all of 2009, the highest total since before Prohibition. 1 barrel = 31 US gallons at Is A Craft Brewery American craft brewer Is small, independent and 'mall: Annual production of 6 million barrels of beer or less. 3eer production is attributed to a brewer according to the rules o alternating proprietorships. Flavored malt beverages are not :onsidered beer for purposes of this definition. ndependent: Less than 25% of the craft brewery is owned or .ontrolled (or equivalent economic interest) by an alcoholic everage industry member who is not themselves a craft brewer. Taditional: A brewer who has either an all malt flagship (the eer which represents the greatest volume among that brewers rands) or has at least 50% of its volume in either all malt beers r in beers which use adjuncts to enhance rather than lighten following are some concepts related to craft beer and craft Craft brewers are small brewers. The hallmark of craft beer and craft brewers fs Innovation. Craft brewers interpret historic styles with unique twists and develop new styles that have no precedent. Craft beer is generally made with traditional ingredlents like malted barley; interesting and sometimes non-traditional ingredients are often added for distinctiveness. Craft Brewers tend to be very involved in their communities through philanthropy, product donations, volunteerism, and sponsorship of events. Craft Brewers have distinctive, individualistic approaches to connecting with their customers. Craft Brewers maintain integrity by what they brew and their general independence, free from a substantial interest by a non -craft brewer. The majority of Americans live within ten miles of a craft brewer. The second location, 725 Silver Palm Avenue, is a 20,000 square foot warehouse located one mile north of the brewery. There is 4,000 square feet of office space and 16,000 square feet of warehouse space in 3 separate bays. This facility is used for finished goods storage, raw material storage (packaging), excess equipment storage, special package assembly and administrative/sales offices. Expansion Plans The brewery is quickly out growing its' existing facilities and is actively evaluating relocation options both in Brevard County and other Florida locations. The brewery facility is expected to be 40,000 to 60,000 square feet with adequate room for expansion. The facility will be principally a manufacturing facility and supporting infrastructure. In addition to manufacturing the facility will house corporate offices, warehousing, a visitor center, retail store and tasting room. Functional components of the brewery include; Brew House A brewery's brew house is the heart of the operation. It is where product is brewed utilizing large vessels to heat and process the raw materials. The initial brewhouse plans for approximately 1,500 square feet of space to be used for this process. The brewhouse will be expanded in the near future to approximately 3 times the size and capacity. Fermentation Fermentation and celiaring will consist of approximately 12,000 square feet of floor space. Fermentation and cellaring is conducted in sealed stainless steel tanks ranging is size from 30 barrels (930 gallons) to 240 barrels (7,440 gallons). Vessels are typically 10 feet in diameter by 12 to 26 feet tall. Our plans include space for 80 tanks which will give us capacity to approximately 150,000 barrels per yea r. Packaging/ Bottling The brewery operates several packaging lines which include a tunnel pasteurizer. Packaging includes the filling of 12 ounce bottles, 22 ounce bottles and various size kegs for bulk distribution. The packaging hall will occupy approximately 5,000 square feet of the facility. Cold Storage The brewery will be installing a 5,000 square foot drive in (forklift) cooler for storage of finished goods. Warehouse Approximately 23,000 square feet will be dedicated to warehouse storage of raw materials, work in process, dry goods and non -refrigerated finished goods. (case goods) Shipping/ Receiving The brewery receives bulk shipments by trailer and ships finished goods by trailer and box trucks. Loading docks and adequate access to major roads are required. Utility Requirements The brewery requires access to public water supply, sewer, natural gas, electric and all related infrastructure. In addition to public utilities the brewery will be installing a bulk Cot storage capacity and a chilled water system for tank cooling. In addition the brewery may choose to install a standby generator, Co2 recovery system and other supporting infrastructure needed to efficiently and effectively operate at our final location. Office Space The brewery has current needs for approximately 5,000 square feet of finished office space. At the time of development we may choose to utilize existing space, build additional space or build smaller space. Tasting Room/Visitor Center The brewery will operate a tasting room and visitor center 7 days per week. The purpose of the tasting room and visitor center is for the marketing of the company and it's products. The tasting room will also be licensed to sell the company's products to the general public. Beer/cider by the glass. The visitor center will be the hub for public access to the brewery and principally used for education, tours and marketing. The visitor center and tasting room will hold special events both private and open to the public. Retail Space The brewery will operate a retail space that will sell to the general public. Items to be sold will include products manufactured at the facility as well as related items as we see fit. For example; tee-shirts, logo merchandise, glassware, brewery related novelty items, products from partner breweries, etc. The retail, tasting room and visitor center will occupy approximately 4,000 square feet. Facade The following are two example concepts of potential facades for the brewery. Final designs are pending specific location/building selection. The plan is for an above average finish with architecture suitable for the location, with emphasis on "brewery" and consistent with Florida. MY =R r stir Interior finish The interior finish of the manufacturing facility will be consistent with an industrial brewery. Finishes for floors and wall will be typical of food processing plants. The finish of the visitor center, tasting room and offices will be above average. The visitor center and tasting room is the face of the corporation and will focus on education and marketing. Landscape/Grounds It is our intention to maintain grounds and landscaping consistent with with the area and provide average to above average image. City of Cape Canaveral Community Development Department , 2011 To: David Greene, City Manager Angela Apperson, City Clerk From: Susan L. Chap, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Re: Amending Chapter 110, Zoning, Article VII, Districts, to Permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development District. On March 23, 2011, the Planning and Zoning Board considered a request, to amend the City code, to allow for a brewery with tasting rooms and retail sales, in the M-1 zoning district. Barry Brown, Planning & Development Director, advised that staff believed that a brewery was an appropriate use in the M-1 zoning district; the use did not conflict with the intent of industrial land use; the use supported the City's Vision Statement; and, therefore, staff recommended amending the City code to allow for a brewery with tasting room and retail sales, as a principal use, in the M-1 zoning district. Following discussion and review of the proposed ordinance, the Board unanimously recommended that the City Council approve the proposed ordinance, as written. 7510 N Attantic Avenue — P.Q. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321.) 868-1247 w-vw.myflorida.com/cape e-mail: cityofcapeca-naveral_org View Legal Ad# 0000405611 Print Window Close Window. NOTICE OF ZONING AMENDMENT Notice Is Hereby C31ven that the City of Cape Canaveral City Council will consider an amendment to the code of ordinances to permit brewerieswith or without tasting rooms and associated retail sales In the 10-1 Light Industrial and Research and Development Zoning District In the City of Cape Canaveral, A Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, relay 17, 2011, at 7:00 P.M, In the Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, Florida. The City of Cape Canaveral proposes to adopt the following ordinance: ORDINANCE NO. 03-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL. CODE & ORDINANCES TO PERMIT BREWERIES WITH OR WITHOUT TASTING ROOMS AND ASSOCIATED RETAIL SALES IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT PRIORCrT� oNsisTENT ORDINAREPEAL CES AND RESOLUTIONS- INCORPORATION INTO THE CODE; sEVERIfimiTY, AND AN EFFECTIVE DATE, The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 RM. pursuant to Section 286.1015, Florida Statutes, the City hereby advises the pu blic that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such pu rposethat person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons tivith disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office (808-1221) 48 hours in advance of the meeting. AD#: 0000405611 Publication: Florida Today First Published: 04-23-2011 Page 1 of 1 .kA4- edk ry wA- 5- http://Iegals. flatoday.netldb/display.htm?CMD-DISPLAY&Id-64068 4/28/2011 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05 /17/2011 Item No. Subject: Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. Department: Finance Summary: Staff has investigated the parking meters available and determined that the Digital Payment Technologies' model LUKE would provide the most comprehensive service with the least inconvenience to the user and the residents. One parking meter would be installed at the end of each location and would service all parking spaces on the beach end. The units will accept cash, coin, debit and credit cards. Along with the purchase/installation of the parking meters, the following items will be required to complete the support system: • Ordinance revisions • Support software/hardware • Handheld ticket units • Coin counter • Golf cart — used for enforcement • Enforcement staffing — two part-time Meter Readers • Contract with a vendor to accept online payments • Construction of 17 "Shacks" to provide protection from the salt spray and help maintain the "beachy" atmosphere Establishment of this Program will shift the cost of beach maintenance, which includes the parking areas, crossovers and beach rake maintenance, to those who use the City's beautiful beaches, but do not live in the City. A "Resident Pass" with an annual cost of $5.00 is proposed to reduce the cost and inconvenience to citizens. A copy of Cocoa Beach's Ordinance outlining the Annual Pass is included in Attachment #3. A copy of the original Power Point presentation to introduce the proposed Program is included in this packet as Attachment #1. While much of the presentation dealing with the single space meters is no longer valid, the proposed costs and revenues, as well as the support system, remain appropriate to the discussion. The City would "piggyback" on the Ft. Lauderdale contract. Cocoa Beach has also chosen the Digital Payment Technologies product and the parts would be interchangeable with the units that Staff is proposing. Having another entity that uses the same parts provides assistance to both agencies in an emergency. Jeff Harrington, representative for Digital Payment Technologies, will be available to demonstrate the meter and answer questions from 5:30 pm through 7 pm on the 170' in the Library Meeting Room. 1 Submittinq Department Director: Andrea Bowers Date: 5 5 In Attachments: Attachment #1: Original Power Point Presentation Attachment #2: Digital Payment Technologies Information and Procurement Information from Ft. Lauderdale Attachment #3: Sample Ordinance(s), one with Resident Pass Permit Attachment #4: Proposed "Shack" Attachment #5: Map of Proposed Meter Locations Projected Costs & Revenues: Revenues: Revenue from Meters $141,120 Revenue to School Crossing Guard Tickets Paid W/O Problems 24,072 Fund: (based on 1,006 tickets paid) Ticket Revenue from Collections 3,672 $10,060 $168,864 Startup Costs: Meters, Spare Parts, Installation, Collection Cart, Ticket Units, Coin Counter and Golf Cart for enforcement: $178,475 expensed over 15 Years $15,202/year Annual Costs: 2 PIT Meter Readers $24,097 Software Maintenance 13,080 Credit Card Processing 2,540 Misc. Expenses 2,700 Maintenance of Meters and Golf Cart 5,400 Total Annual Costs $63,019 Net Revenue (Based on Estimates) (Revenues less Annual Costs) $105,845 Financial Impact: Implementation of the Parking Meter program will have an off -set affect in that the City can then bring all Parking Citation collection in-house, saving $10 per ticket currently being charged by the County Clerk's Office. The budgeted cost for FY 10111 is $3,160. Estimated revenue (net) from implementation has been approximately $115,905. This would be additional revenue to the City. Additional funding for the Crossing Guard Fund would also be realized with the additional parking enforcement. Reviewed by City Treasurer: Andrea Bowers Date: '51611( The City Manager recommends that City Council the following action(s): Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. Approved by City Manager: David L. Greene (D -V i Date: g/4 ! /f City Council Action: j ] Approved as Recommended j ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 0 * Basic information from City of Cocoa Beach * 218 Meter Locations * Rate of .25 per quarter hour = $1 per hour * 32% of Meters/Tickets/Meter hours as Cocoa Beach * 10% Additional for Credit Card use • Revenue from Meters • Tickets Paid w/o Problems • Ticket Revenue from Collections $141,120 24,072 3,672 $168,864 5/4/2011 * 32% Annual Tickets 1,360 * 17% Tickets Never Paid 231 * 9% Tickets Voided 122 * 74% Tickets Paid 1,006 - 15% Tickets to Collection 204 * $15 Late Fee Fund * 802 Tickets Paid w/o Problems $ 8,020 * 204 Tickets Paid' through Collection 2,040 $10,060 0 Annual Costs Enforcement 2 Part Time Meter Readers 20 hours each per week Wages & Taxes $23,847 Uniforms 250 $24,097 . ............ ... Net Revenue Gross Revenue $168,864, Annual Expenses 63,019 Net Revenue $105,845 * 2 Hand Held Ticket Units 8,000 * I Coln Counter 1,500 * 1 Golf Cart 8,200 Projected Start Up Costs $, 178,475 Most Costs Expensed over 15 Years 01 1111 M K W-TTVIRSTITCAT IIMM Annual Software Maintenance Start Up Costs, Credit Card Processing * 218 Guardian XLE Meters $112,270 * 10 Spare Units 5,150 * 218 AssernbHes with coin can 32,373 * 125 Twin Mounting Poles 3,600 - 125 Pol[e Installation 3,600 I Collection Cart Assembly 825 Freight 1,457 Annual Costs Enforcement 2 Part Time Meter Readers 20 hours each per week Wages & Taxes $23,847 Uniforms 250 $24,097 . ............ ... Net Revenue Gross Revenue $168,864, Annual Expenses 63,019 Net Revenue $105,845 * 2 Hand Held Ticket Units 8,000 * I Coln Counter 1,500 * 1 Golf Cart 8,200 Projected Start Up Costs $, 178,475 Most Costs Expensed over 15 Years 01 1111 M K W-TTVIRSTITCAT IIMM Annual Software Maintenance $13,080 Credit Card Processing 2,540 Coin Pick-up 1,200 • Postage/stationary 1,500 Maintenance/Fuel —Golf Cart 3,000 Maintenance on Meters 2,400 Annualized Start-up Costs 15,202 Annual Costs $63,019 N -S,martChute coin, validation technology -LED bank light for evening use -Cellular modem for real- time credit card validation *Remote monitoring/Auditing tools through Web Sentinel UMSE3= Ma •Designed to work under extreme environmental conditions including saline marine environments •Built to withstand prolonged exposure to intense UV radiation, humidity, rain, sleet and grime . .............................. . .. P , 11111.�1Fr."711 Coin Storage Golf Cart for Enforcement li 10� Weekly or M!onthily Pick-Uprrr and' brr Trianspoirt Biank Seasonal Changes Golf Cart for Enforcement 5/4/2011 11. li 10� brr z 5/4/2011 11. li 10� 5/4/2011 11. Used for -Parking rc Zl� 1-1111, Tickets P" -Ordinance Violations -Bad Checks 0 Apeals '/tri ffid *Brevard County *Coide any Enforcement Used for -Parking rc Zl� 1-1111, Tickets P" -Ordinance Violations -Bad Checks 0 Apeals *Brevard County *Coide any Enforcement Used for -Parking rc Zl� 1-1111, Tickets P" -Ordinance Violations -Bad Checks 0 -,CdA Par -ger Syste rf'i Jeff Harrington 0 0 Regional Manager Emaih jeff@ parkersystemsplace.com 0 DIGITAL>'> Attachment PAYMENI TCCHNOLOGIES I PF, . . . . . . .... 0 DIGITAL>'> Attachment PAYMENI TCCHNOLOGIES I Dgita�� Payrrier"it I edi��mlogbs (I"N F) created I..,L)KE to irnprmte oristreet parkhng far bot[''i n.,iNcilea hk�(:, arid parkers,, LUKE is aril effective SOILI'd0l"I k".1) the growhrig challerr iges iin nrunidjaal palRing. Our technology gives LUKE significant advantages, including the RADIUS power management system for pay station deployment in low sunlight conditions, real-time credit card authorization, and remote rate configuration, LUKE has a large, full-color screen that's easy to read and can be programmed with prompts in different languages. And LUKE is available in almost any color. Parkers prefer LUKE because it Provides: av a design that's easy to recognize as a pay station large, full-color screen that's easy to read a better user experience prompts in different languages standard payment options including coins, bills, and credit cards advanced payment options such as smart cards or value cards Municipalities and institutions choose LUKE because it provides: in theft -proof design to protect coins and bills high levels of encryption for data security reduced street clutter improved aesthetics, including custom color options better user compliance Parking operators appreciate LUKE because it provides: in the ability to configure rates remotely — by date, time and payment type a Pay -and -Display and Pay -by -Space modes mii integration with industry leading enforcement systems in real-time credit card processing in Payment Card Industry (PCI) compliance a reduced maintenance and:, collection costs lo RADIUS power management system in complete audit control to real-time reporting and alarming Corvnect wittiLUI(E The LUKE pay station can work in different modes. Stand -Alone Data is collected manually in an easy and efficient process. Our ciients, are provided with comprehensive management, reporting, and configuration control. Credit card transactions are processed in batches. Rates and messages are created offline and transferred via sneaker - net. Stand-alone systems can be easily up- graded to online systems when required. Online We developed our Enterprise Management System (EMS) to give LUKE online capabilities. With EMS, you can use the Internet to manage your parking systems. EMS can connect you directly to your pay stations — each station can advise you when repairs are required and when they should be emptied. No additional hardware is required — LUKE is EMS -ready and just needs a simple Ethernet connection to the Inter- net. Server Option The Enterprise Server option of our EMS service gives our clients the option to own their own server and online software. This option provides clients with complete control over all data and can be very cost-effective in municipal or campus deployments. Attachrnent 2 C, El' I r IS mi Cabinet —12 gauge cold rolled or stainless steel with no pry points P Payment Options — Coins, Bills, Credit Cards, Smart Cards, Value Cards vm Card Reader — Cards are not ingested — no moving parts, Reads Track 1, 2 and 3 of all magnetic stripe cards conforming to ISO 7810 and 7811. Reads and writes to chip -based smart cards conforming to ISO 7810 and 7816 Note Stacker — 1,000 bill capacity a Printer — 2" receipt width at Display — Color LCD with 640 x 480 resolution ow Keypad — Tactile buttons o Locks — Can be re -keyed twice without removing lock cylinder r, Communications — GS,M/GPRS, CDMA, 802.11 b/g Wi-Fi, Metro Scale Wi-Fi Networks, Ethernet im Environmental Specifications — -40° F to +140° F (-40° C to +60° C)' and up to 85 percent relative humidity (non -condensing) u Power — AC 120 V, 60 Hz for charging battery or Integrated solar panel (20 W) Pa Operation Modes — Pay -and -Display and Pay -by -Space iz Multilingual Option —tap to four languages using roman or non -roman characters in Audible Alarm — Senses shock and vibration ma Online, Option — EMS integration to provide real-time credit card processing, real-time reporting, maintenance and security alarms, remote rate configuration, DPT Web Services integration with third -party technologies, and more pa Color —Custom colors available a,a Instruction Panet — Customizable is Standards — PCI compliant, LIL/CSA approved, ADA compliant -401 F t-40° C) based on separately purchased heater/Insulator option. Low end of range is -4° F (-20' C) ambient without heater/insulator option. We are an industry leader in the design, manufacture, and distribution of multi -space pay stations, parking management software, and online services. From our beginnings with the Intelia-Pay, we've grown to become a leading supplier of innovative parking pay station solutions, We offer an expanded range of Web -based applications and integration with third -party technologies in such areas as smart cards, communications protocols, and enforcement systems. We're always exploring new ways to, add value to, our products: Ja first North American on -street parking pay station integrated with a metro -scale Wi-F] network & first to enable clients to host their own server for online services a first to integrate a color screen into a multi -space on -street parking pay station ifirst to develop integration between pay stations and Pay -by -Phone parking so enforcement data can be automatically consolidated for both systems Our products are supported by outstanding customer service. We're available to help you around the clock with 24/7 telephone support. Our Customer Service Support Portal allows you to e-mail support questions, check the status of your helpdesk ticket, download product documentation, browse knowledgebase articles, and access live remote support. We also have a growing network of reslIers to provide locai sales and on-site support. To, learn more about LUKE, please call 888-687-682!2 131GITAL'>`> or visit our Web site at www.digitalpaytech.com. PAVMENT TECHNOLOGMS PARKE'R syspt,Nis i 2t) ;8 MaHof.y CiICIC SUk V02.. Orlando� f"i, 3292K 'Ie,1: &88-422-7275 u W> 02 g/ ""IM 01 y l / M � r ON / y rw r �r �urrG✓la/intir✓wlfprl�1 ii rG r l r i r i poi//�,7lJri//i(%�,(j r/iit//r//ri/i�✓�` Parking systems that:.. i"Eql7Nfe everything to be ��d, ,,) ,� w,''%tr " U;, .� �`', /' i/'��l�/�D�y/lli���� /%cil�'s%�/%,'��������a�i����i�u'rrr'° /r�G rW�i�/� � /le;%i✓G�ry,�yGJ, /��/'r1r�' ( (, 1fi , Core manually are time - M" �,/ '. consuming and expensi v e. The rxast"Of"staff end �..... ,, a/, ,; ,�d maim nance can � 1�� a �e sfgrYaficantly,....,. „ affect profit margins P The Enterprise Management System (EMS) makes your parking operations interactive; 010when there's a problem, �%� 'lr� r the machines gill call you._—__, i�%�'� W j %I f%/ 1 And your can check on � %� yOLlr machines remotely. IN You'll save time and money. Hill ac �' ri r Igsto He the 4.fll capa Hifies oi fl­'iue II WE wnd pay stalbriC"11. IIIA's a safe, secure systenri 11Iat aflows you to, �',�,)etter rria�riage y�r ')ur opet'at�(�,,�I)i�,"��i,c"��'), la!24""v.�''J reaci qt.flcHy to sittmtbr'i.,�,) as fl,'iey arise, At the core of the EMS systern is EMS Basic. Once you have EMS Basic, you can choose to add additional features for increased functional'ity. EKAS Ba,sIIc Using EMS Basic you can: securely log into the system from anywhere, using Fire,fox or internet Explorer 5.x and higher, with 128 -bit SSL encryption create, delete and maintain user accounts aw configure rates, messages, and other parking information and then remotely distribute this to your pay stations compile and retrieve valid/expired stall information for all pay stations using any pay station on the network allow parkers, to add! time to their permit from any pay station on the network [Ik . I Ili lr"ne C,",redit CC,UI�'id Prx:�,essma you have the ability to, approve or decline credit card payments at the pay station in real-time to increase the speed of accounts receivable, collections, and reduce bad debt pay the lower transaction fees associated with real-time transactions provide an authorization number printed on the permit at the time of purchase refund credit card transactions via the EMS Web application Supports numerous processors or gateways such as: a Allied Data Systems (ADS) im Authorize.Net o First Data Nashville aw Moneris (Canada only) is Paymentech (U.S. and Canada) im Payment Processing inc. Contact Digital Payment Technologies (DPT) to obtain a complete list of processors and gateways currently Supported. Nftlt('N��irq and A�iann�bg Proactively send information to your staff in the field regarding the status of each pay station. Monitoring and alarming also enable you to: im use a Web browser to retrieve the status of pay station resources such as the door, printer, batteries, paper, cash receptacles, bill validator, temperature, humidity, and shock alarms im allow real-time alarm notification to distribution lists based on e-mail addresses or telephone numbers, for immediate response by parking personnel Fleporting Generate real-timie reports based on pay stations. Reporting gives you the ability to: w use a Web browser to view, print or export current totals of permit sales in real-time n view, print or export a copy of any audit report as soon as it is generated query, view, print, or expert transaction details with lot setting, machine number, transaction date/time and permit expiry date/time view, print, or export credit card processing Information and simplify monthly merchant account deposit reconciliation ('"'/Oupurls Provide authorized parkers with eight -digit coupon numbers to receive free or discounted permits. Coupons also allow you to. specify the effective start and end dates of coupon availability specify the number of times a coupon can be used during an allotted time period (including unlimited) restrict access to rates based upon a coupon number specify a percentage discount based upon a coupon number specify a region, pay station, or stall range for which the coupon number is valid Vah-,le Ca. ,rd F1r,(:',)cesshr,,�( Accept and authorize specific value cards and camipus cards in real-time, including: is Blackboard TotalCard NuVision Paydby-FT"tor Ili Consolidate enforcement space and transaction data when using the Verrus Pay -by -Phone system. Pay-by-Ph,one allows you to: m enable parkers to add more time, to a permit purchased at a pay station using a mobile phone send pay station and Pay -by -Phone transaction results to the EMS server so all data can be available for enforcement send pay station and Pay -by -Phone transaction results to the EMS server to be integrated for consolidated reporting purposes Connect EMS with complementary products within your parking operations to deliver, additional functionality, improve business practices, and simplify operations, Additional functions can Include: a wirelessly delivering pay station space data to enforcement handheld's centralizing revenue data from various parking technologies integrating with Web applications and corporate intranets communicating with physical space sensors to acquire valuable data and improve enforcement Ser rv& Qi".Abris DPT offers EMS as two options. Hosted Server EMS hardware and software are owned and operated by DPT from a secure data center, which you access via the Internet. You then pay a monthly subscripfion fee, based on the features selected. This gives you the advantages of EMS without having to pay high capital or operating expenses. Enterprise Server You purchase and operate your own server from which you run the EMS application so you can maintain all data at your location.. In operations running over 500 pay stations, an Enterprise Server can potentially reduce your overall operating costs as monthly subscription fees are replaced with an annual software license and maintenance fee. Both EMS options are fully PCI (Payment Card (industry) compliant. EMS Server Digital Payment Technologies Corp. We are an industry leader in the design, manufacture, and distribution of multi -space pay stations, parking management software, and online services. From our beginnings with the' Intella-Pay, we've grown to become a leading supplier of innovative parking pay station solutions. We offer an expanded range of Web -based applications and integration with third -party technologies in such areas as smart cards, communications protocols, and enforcement systems. We're always exploring new ways to add value to our products: s first North American on -street parking pay station integrated with a metro -scale Wi-Fi network im first to enable clients to host their own server for online services im first to integrate a color screen into a multi -space on -street parking pay station m first to develop integration between pay stations and Pay -by -Phone parking so enforcement data can be automatically consolidated for both systems Our products are supported by outstanding customer service. We're available to help you around the clock with 24/7 telephone support. Our Customer Service Support Portal allows you to e-mail support questions, check the status of your helpdesk ticket, download product clocurnentation, browse knowledgebase articles, and access live remote support. We also have a growing network of resIlers to provide Focal sales and on-site support. To learn more about EMS, please call 88�8-687-6822 MIGITAL;o !0 > or visit our Web site at www.digita:lpaytech.com. PAY ----------- VA R KE R S yr STEMS r2938 N4aHoiry Str 102 , Orlayqh), FL 32828 Fee 888-422-7275 . .. . . .. . ............. .............. .. . . ............ I . . .. . ........ ... allxrSyartais a rmthnaHy known und re,Teoed parking [woducts =HhuHon and consu%g Hrm. Founded ill the vaily I IMM's up supply the jpalldhq' Hwter needs of a smaH re0onal nwrkd, Parker Syshims has ew[ddy, gro"w over We yean, and is now reuWAwd ns n niaor suNdkr or ]luadd, equ"numt, emnponentq mul nccevunies throughout the UnUed Mate,,,'. Parkerwa Mems, IM of produo"I nuinufacrumrs reawls a "'Vv'ho's; NN,"ho" ofthc' parking Mduslr's finesi, Our cHent IKI Weltuies Mks jwge and smaHj cuunW, unArsky cainpuses, wind pdvak con=Mrs. Our company'm rnphJ gromS over the Inist Av years is in large ineasure si d0d, ivsuk of our snong commUnient N) ludh ethical principles and cuMomer seiwice excellence, in WNW hq our Uncup or NOW,, leading suplVers un(d h"), include: Digital Paymc,nd- INgRul is a" Wustry Icading Wilh AnmTkan company IhW cksyns and ninnufactinvs ParkWg Equhnneni N)r as wcAdmide marker, IS, We avil ever expanding rnnge 0 web hosed njqdhndh)n;; fir integistion with thini party WhnoNgies in such unms at; sinad cards, communbidon prolocols, and enhmvemenl syMns. Their Ane -Ane of prodiuss is supporlul around the W& with 24 hoaur/7 t1a, y cushmwr PHrAr '":;,�,sterns is proud of RW implulathun Ibr excelkince in prmlud quaHCy aml custonier satisAticifion, Na' hivite you to kdn us as we couNnitie to, "Char,,ge Ihe W,(IS,, M/ o:!vvelcy,1,,vne you to brvwse our mTh she, view wur pholos, and reacl inc,re w1boii'O OUT, 11111"Oduct finc�s and stvices,, AiiiBtl hvA, but not Las, mT encoumge you to NnAact RIS for, addifion"I'l inforniatioan Our too Wee Ilone numbeis: 1-880422-1ARK (72 75) or 1 -8616 6.' S. I)ARK ('727S) Our Web Simwww.paj,-kc-,ii-systemsplaescomm 23211M City of Fort Lauderdale o Procurement Services Department 100 N, Andrews Avenue, 619 Fort Lauderdale, Florida 33301 RECEI V I Le'D (MAY Digital Payment Technologies Corp. Attn: Mikhail Morokhovich 330 — 4260 Still Creek Drive Burnaby, BC, Canada 'SSC 6C6 Dear Mr. Morokovich: Congratulations, the City of Fort Lauderdale has awardedl your company RFP 504-10412 for Multi -Spaced Parking Meters. Someone with authorization to sign for your company must place their signature on the attached document where indicated, agreeing to the terms, conditions, and specifications set forth in the contract and have the signature notarized, SIGNOR WST' W -H AN t" l" 01,- T4,11", COMPANY AND ATTC,S'r['�'D TO BY - SE(,'[�ETARY (.�R YO(J M(J,11- ["ROVIDE". /\ DOCUMENT FROM AN OFFICER OF' THE COMPANY, -ITIATAU1J-1O1111Z1,-','.S THOr,;E LISTED TO SIGN ON THEIR Only the signatures of the authorized officers or someone authorized to bind your company willl be accepted. AFTER THE APPROPRIATE SIGNATURES AND NOTARY ARE RECEIVED, PLEASE RETURN BOTH COPIES of the contract. Once the Director of the Procurement Services Department signs the contract, a fully executed copy will be returned to you. We hope this will be a profitable and rewarding business relationship. I hope you will take a little extra time to make sure the above requirement is completed correctly and is sent to us in a timely manner. Sincerely, Carrie L, Keohane Procurement Specialist I THIS AGREEMENT, made and entered into this 2nd day of March, 2010, is by and between the City of Fort Lauderdale, a Florida municipality, (,,City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, FL 33301-1016, and Digital Payment Technologies Corp., a Canadian federal corporation authorized to transact business in. the State of Florida, ("Contractor"), whose address nd phone areFax36 30 -4 6 t2lill Creek Drive, Burnaby, BC, Canada VSC 6C6, Phone. 60 WHEREAS, the City issued Request for 'Proposal 504-10412 ("RFP"), and the Contractor submitted a hid in response to the RFP; and WHEREAS, on March 2, 1610, the City Commission of the City of Fort Lauderdale approved an agreement with Contractor for the goods or services described in the RFP (Pur -1 1, CAR No. 10-0210, NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: 1. The Contractor agrees to provide to the City multi -space parking meters a with the spe I cations, terms, in accordance with and in strict coRFP and any and all aryddenda thereto, dur condi, onsthe and requirements set forth in the period March 2, 2'010, through March 1, 2012, with optional extension � periods as set forth in the RFP, and warranties beginning following installation of and the City's final acceptance of each respective multi -space nand specimeter fications float onsdcon�ained n Cheing two r RFP and in accordance with the terms,. conditions, the Contractor's response to the RFP. 2. This contract form G-110 Rev. 01/10, the RFP, any and all addenda to the RFP, and the Contractor's proposal in response to the RFP are integral parts of this Contract, and are incorporated herein. 3, In the event of conflict between or among the contract documents, the order of priority shall be as follows: First, this contract form, C-110 Rev. 01/10; Second, any and all addenda to the City's RFP in reverse chronological order; Third, the RFP; Fourth, the Contractor's response to any addendum requiring a response; Fifth, the Contractor's response to the RFP, q. The Company warrants that the goods and services supplied to the City pursuant to this Contract shallI at all ti fully eventconform the C City, the Crty�sisole discset retion, rth in the RFP and be of the highest quality. In the determines that any product or service supplied pursuant to this Contract is defective or rves does not conform to the orcancelthis Contract upon written speo forth in the PCity snot ehtari�he ht unilaterally to cancel an order Contractor, and reduce commensurately any amount of money due the Contractor. t. The City may cancel this Contract upon written notice to the Contractor in the event the Contractor falls to furnish the goods or perform the services as described in the RFP within 301 days following written notice to 'the Contractor. It G-110 Rev. 01MO 6, The Contractor shall not present any invoice to the City that includes sales tax (85-8012614506IC-7) or federal excise tax (59-6000319). 7. Contractor shall direct all invoices in duplicate for pay m6th ent to Finance Fort Department, City of Fort Lauderdale, 100 N. Andrews Avenue, Floor,. Lauderdale, FL 33301, Any applicable discount MUST appear on the invoice. 8. The City's initial purchases are of the foljowing14 Pay-and-DisplayeteMultrsat i - space meters at $11,531-81 each:, 4 pay -By -Space Solar Multi -space m $111,531.81 each, 14 Pay -By -Space VAC Multi -space meters at $10,962.56 each, 115 rolls of digital receipt paper at $26,00 each, 14 Stainless Steel upgrades at $535-60 each, and five months of EMS service for 14 meters at $30.00warranty periodper meter per monthin payable monthly upon commencement of the respective s, all accordance with the terms, conditions and specifications contained in the RFP and the Contractor's response to the RFP, options to purchase extended site maintenance/software support for years 3 through 7 are not exercised at this time:, and the City reserves the right to exercise options to purchase extended on-site maintenance/software support for up to five additional years (years 3 through 7) in accordance with the terms, conditions, and specifications contained in: the RFP and, the Contractor's response to the RFP. . 9. The City may enforce in the United States of America or in Canada or in Contractr, The both countries a judgment entered against the and all defenses to the City's enforcement in Canada of adjudgment enteredContractorby awaivescourtanyin the United States of America. mounts set forth in this Contract are in United States lo. All monetary a dollars (USD), IN WITNESS HEREOF„ the City and the Contractor execute this Contract as I By: Cirector of Procurement Services Approved as to form: SenibAssisla�ntlity�Att-rl�lel ATTEST: CONTRACTOR By: PPrint Name'. Print Name: Title: Secretary (if not president, please attach proof of authorization.) K G-110 Rev. 01/10 (Corporate Seal) PROVINCE OF COUNTY OF The foregoing instrument was acknowledged before me this, _ day of 2010, by as fo ologies Corp., a Canadian (title). r Digital Payment Techn federal corporation authorized to transact business in the: State of Florida. (SEAL) o ,Nota,ry Public, Prvince of (Signature of Notary Public - Province of (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known _ OR Produced Identification Type of Identification Produced M ARTICLE 11. PARKING METERS* Page 1 of 5 k 4646 k wJ-Wl- -� 3 ARTICLE II. PARKING METERS* COC60, h V�,s *Editor's note: Section 1 of Ord. No. 1026, adopted January 6, 1994, repealed Ch. 26, Art. 11, §§ 26- 20--26-35. Section 2 of Ord. No. 1026 added a new Ch. 26, Art. 11 to read as herein set out. Former Ch. 26, Art. 11, pertained to similar subject matter and derived from Ord. No. 499, § 1, adopted December 4, 1975 and Ord. No. 668, § 14, adopted August 20, 1981. Sec. 26-20. Metered parking. (a) Definitions. For the purpose of this section, the following definitions will apply: (1) Parking meter. The words "parking meter" shall mean and include any mechanical device or meter, not inconsistent with this section, placed or erected for the regulation of parking by the authority of this section. Each parking meter installed shall indicate by proper legend, the legal parking time established by the city; and when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. (2) Parking meter space. The words "parking meter space" shall mean any space within the parking meter zone adjacent to a parking meter, and which is duly designed for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. (Ord. No. 1026, § 2, 1-6-1994) Sec. 26-21. Placement of meters. The marking off of individual parking spaces in the metered parking zone, and the installation of parking meters in such spaces, is hereby authorized, ratified, and confirmed. The placement of the meters shall be in accordance with applicable city ordinances. (Ord. No. 1026, § 2, 1-6-1994) Sec. 26-22. Deposit of coin required; exceptions. Except in a period of emergency determined by an officer of the police or fire department, or in compliance with the direction of a police officer, police aide or traffic control sign or signal, when any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle, shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for said parking meter and as is designated by proper direction on the meter; and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon; and failure to deposit such proper coin, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon the deposit of such coin (and the setting of the timing mechanism in operation, when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the http://Iibrary4.municode.com/default-test/DoeView/l 3994/1/112/114 5/4/2011 ARTICLE II. PARKING METERS* Page 2 of 5 street in which said parking space is located; provided, that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time; and such parking shall be deemed a violation of this section. (Ord. No. 1026, § 2, 1-6-1994) Sec. 26-23. Cost; acceptable coins; hours of operation. (a) The cost of parking or standing a vehicle in a parking meter space located in the parking zone shall be one dollar ($1.00) per hour; (b) The only coins which the meters accept are those of the United States; (c) The parking meters shall be operated in the parking meter zones twenty-four (24) hours every day, including Sundays and holidays. (Ord. No. 1026, § 2, 1-6-1994; Ord. No. 1054, § 2, 9-15-1994; Ord. No. 1285, § 2, 6-7-2001; Ord. No. 1362, § 2, 8-21-2003) Sec. 26-24. Violations. It shall be unlawful and a violation of the provisions of this section for any person: (1) To cause, allow, permit or suffer any vehicle registered in his name or under his control to be parked overtime; (2) To cause, allow, permit, or suffer any vehicle registered in his name or under his control to remain or be placed in any parking space controlled by any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space; (3) To cause, allow, permit or suffer any vehicle registered in his name or under his control to be parked across any line or marking of a parking meter space or in such a position that the vehicle shall not be entirely within the area designated by such lines or markings; (4) To deface, injure, tamper with, open, break, destroy or impair the usefulness of any parking meter installed under the provisions of this section; (5) To deposit, or cause to be deposited, in any parking meter, any slugs, device or metal substance, or other substitute for lawful coins. (Ord. No. 1026, § 2, 1-6-1994; Ord. No. 1054, § 2, 9-14-1994; Ord. No. 1285, § 2, 6-7-2001) See. 26-25. Reserved. Editor's note: Ord. No. 1208, § 1, adopted June 17, 1999, repealed § 26-25, which pertained to operation and maintenance of meters and collection, etc., of revenue, and derived from Ord. No. 1026, § 2, adopted Jan. 6, 1994. http://Iibrary4.municode.com/default-test/DocView/13994/l/1121114 5/4/2011 ARTICLE II. PARKING METERS* Sec. 26-26. Penalties. Page 3 of 5 (a) Any person violating the provisions of section 26-24(1), (2), (3) of this article shall be subject to a fine under the terms and conditions as set forth in section 26-29 of this article. (b) Any person violating the provisions of section 26-24(4) or (5) herein shall be subject to a fine in an amount not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00). (Ord. No. 1026, § 2, 1-6-1994) Sec. 26-27. Enforcement. Sections 26-24(1), (2), (3) shall be enforced by city parking enforcement specialists, or by city police officers. Section 26-24(4), (5) shall be enforced by city police officers in accordance with state statutes, and the penalty for the violation shall be in accordance with section 26-26(b). (Ord. No. 1026, § 2, 1-6-1994) Sec. 26-28. Parking permits; issuance; fee; display. Nontransferable parking permits shall be issued to Brevard County residents on a calendar year basis, expiring December 31 of the year issued. The annual fees shall be twenty-five dollars ($25.00) each, except that the annual fee for residents of the City of Cocoa Beach shall be five dollars ($5.00) for each vehicle. The city manager shall prorate annual fees to charge twelve dollars and fifty cents ($12.50) each after September 30th, except that the prorated fee for City of Cocoa Beach residents shall be two dollars fifty cents ($2.50) each after June 30th. Decals shall be given to those purchasing parking permits. Affixing such permit on the driver side rear bumper or the driver side lower corner rear window of the vehicle, shall constitute authorization to park in the metered zone without complying with section 26-22 (deposit of coin required) section 26-23 (cost; acceptable coins) and section 26-24(1) and (2) herein. (Ord. No. 1026, § 2, 1-61994; Ord. No. 1208, § 1, 6-17-1999; Ord. No. 1371, § 1, 11-20-2003) Sec. 26-29. Penalty. (a) Pursuant to Section 316.008(4), 316.1955 and 316.1967 Florida Statutes, any person cited for a violation of this article shall be deemed to be charged with a non -criminal violation and shall be assessed a civil penalty according to the following schedule: TABLE INSET: Violation Number Violation (1) Meter Parking (2) Parking Overtime (3) Parking Over Line (4) Parked Facing Wrong Direction (5) Parked in "No Parking Zone" (6) Parked in Fire Lane http://library4.municode.com/default-test/DocView/13994/l/1121114 5/4/2011 ARTICLE 11. PARKING METERS* Page 4 of 5 (7) Parked Irregular (8) Parked Double or Obstructing Traffic (9) Parked on Sidewalk (10) Parked in Handicapped Space (11) Parked Within 15 Feet of Fire Hydrant (12) Other (13) Removal of Impoundment Device (b) Penalty amounts, associated with violations listed in section 26-29, penalty, shall be adopted by resolution. Such resolution will be posted on the city's website, and on any agenda, reflecting the consideration to adopt penalty fine changes. Agendas must also be posted at city hall. (c) Each day any violation occurs or continues shall be a separate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense. (d) F.S. 316.008(4) establishes a maximum fine of two hundred fifty ($250.00) dollars for a violation with regard to a properly -designated and marked parking place for people with disabilities. If F.S. 316.008(4) or a successor ordinance changes the maximum fine, the fine amount for violation of subsection 26-29(a)(10), will be changed by resolution to the identical amount. (Ord. No. 1026, § 2, 1-6-1994; Ord. No. 1502, § 3, 12-3-2009) Sec. 26-34. Procedures governing payment of civil penalties and proceedings to enforce payment for city parking violations. (a) Any person issued a city parking citation shall answer the citation within ten (10) days after the date of the issuance of the citation. (b) Upon receipt of a completed parking citation submitted by a Cocoa Beach Police Officer or parking enforcement specialist, the finance department shall notify the registered owner first listed on the citation of its issuance if there has been no response to the citation pursuant to subsection (a) of this section. Such notice shall be sent regular mail and shall inform said registered owner concerning the nature and location of the parking violation and direct compliance with the alternatives available under Florida law within ten (10) days after the date said notice is mailed, according to the records maintained by the finance department. (c) If payment of the civil penalty is not received or a hearing is not requested within the fourteen -day period after the notice described in subsection (b) of this section has been mailed and such notice is not returned as undeliverable by the U.S. Postal Service, the original citation, a copy of such notice and an affidavit verifying noncompliance with such citation shall be submitted to the clerk's office for processing in accordance with the Florida law. (Ord. No. 1026, § 2, 1-6-1994; Ord. No. 1051, § 1, 9-1-1994) Sec. 26-31. Supplying parking violation information to the state. The City of Cocoa Beach shall supply the Florida Department of Safety and Motor Vehicles, or any successor department performing substantially the same duties, a list of persons who have three (3) or more outstanding parking violations, or one (1) or more outstanding parking violation(s) of Florida http://library4.municode.com/default-test/DocView/1399411/1121114 5/4/2011 ARTICLE 11. PARKING METERS* Page 5 of 5 Statutes Section 316.1955, Florida Statutes Section 316.1956 or any City ordinances which regulate parking in spaces for persons with disabilities. The information may be supplied to the Florida Department of Highway Safety and Motor Vehicles in any communication format approved by it or state statute. (Ord. No. 1374, § 1, 1-15-2004) http://library4.municode.com/default-test/DoeView/13 994/1/112/114 5/4/2011 Municode Page 1 of 6 444 -ac -k nit 3 Boca Raton, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES » Chapter 16 - TRAFFIC AND VEHICLES >> ARTICLE II. - STOPPING STANDING PARKING >> ARTICLE II. - STOPPING, STANDING, PARKING €sal Sec. 16-31. - Definitions. Sec. 16-32. - Areas where parking is prohibited. Sec. 16-33. - Parking on right-of-waxprohibited: exceptions. Sec. 16-34. - Metered parking. Sec. 16-35. - Violations. Sec. 16-36. - Fines for parking violations. Sec. 16-37. - Towing: use of immobilization devices. Sec. 16-38._ Limitation of liability. Sec. 16-39. - Withholding of license taps. Sec. 16-40. - Administrative review process. Sec. 16-41. - Appeals. Sec. 16-42. - Special rates and parking licenses. Sec. 16-43. - Towing unauthorized vehicles from private real property. Secs. 1644-16-55. - Reserved. Sec. 16-31.- Definitions. For this article, the following definitions shall apply: "Acceptable monetary payment" shall mean United States currency including nickel, dime, quarter, dollar coin, dollar bill, five -dollar bill, ten -dollar bill, or twenty -dollar bill, credit card, debit card, smart card or other acceptable legal tender accepted by the parking meter to purchase parking time. "Duly authorized city representative" shall mean any city employee authorized to enforce parking regulations. "Illegally parked" shall mean a vehicle that is not properly parked within a designated parking space by exceeding a distance of 12 inches from the curb if parallel parked, overhanging the lines designating the adjacent parking space, impeding the adjacent driving aisle, exceeding the posted time limit, and/or failing to pay all applicable parking fees. "Immobilization device" or "boot" shall mean a device which is attached to the vehicle rendering it undriveable, and which is used to aid in the collection of unpaid parking violations. "Legally parked" shall mean a vehicle that is properly parked within a designated parking space. The tires of the passenger side of the vehicle, if parallel parked, shall be within 12 inches from the curb. No portion of the vehicle shall overhang the lines designating the adjacent parking space. For angled parking, the vehicle shall be pulled forward as far as possible and in no way impede the adjacent driving aisle. The vehicle shall not overhang the adjacent parking lines designating the parking space. The vehicle shall not exceed the posted time limit in the designated parking space, and shall have paid all applicable parking fees. "Metered parking" shall mean parking that requires payment based on the length of time the vehicle is parked in an identified location. "Overtime parking" occurs when a vehicle exceeds the allowable time for a vehicle parking in a parking meter zone or in a timed parking area or other parking area which limits the amount of vehicle parking time. "Parking citation" is a paper ticket affixed to a vehicle for non-moving violations of city codes or Florida Statutes issued by a duly authorized representative of the city. Parking citations have a monetary penalty or fine attached to each violation as described in the Boca Raton Municipal Facilities and Services User Fee Schedule (user fee schedule). http://library.municode.cornlprint.aspx?clientlD=10145&HTMRequest=http%3 a%2flo2fli... 4/29/2011 Municode page 2 of 6 "Parking meter" shall mean a single space or multi -space mechanical or electronic device that accepts payments for vehicles parking in parking spaces within parking meter zones, and registers and displays that j appropriate payment has been made. "Parking meter zones" shall mean specific areas defined by location within the city for which metered parking fees are imposed. "Timed parking area" shall mean areas that are established which limit the length of time that parking is permitted. (Ord. No. 5132, § 5, 4-27-10) Editors note— Ord. No. 5132, § 3, adopted April 27, 2010, amended the Code by repealing former §§ 16-31 and 16- 3Z and § 5 of said ordinance added new §§ 16-31-16-42. Former § 16-31 pertained to areas where stopping, standing and parking were prohibited, and derived from the Code of 1966, § 21-57; Ord. No. 5035, adopted May 28, 2008; and Ord. No. 5072, adopted December 9, 2008. Former § 16-32 pertained to parking on right-of-way, and derived from the Code of 1966, § 21-56. Sec. 16-32.- Areas where parking is prohibited. It shall be a violation of this article to stand, stop or park any vehicle in the city within, on or upon: (a) An area posted with a sign which restricts parking to a specific time limit in excess of the fixed time limit; (b) Any specifically designated and marked parking space or spaces provided for certain disabled persons, unless such vehicle displays a parking permit issued pursuant to F.S. § 320.0848, and such vehicle is transporting a person eligible for the parking permit; (c) Any sidewalk, bicycle path, crosswalk, median, or in any fire lane designated and approved by the fire chief and posted with an official sign as provided in section 7-30; (d) Within any right-of-way or land in which the state, the county or the city has a legal interest and which is devoted to or required for use as a public street, including improved and unimproved property, sidewalks and swales therein and any area within a roadway which is not open to vehicular traffic, for the purpose of: 1. Displaying such vehicle for sale, lease or rent; 2. Washing, greasing or repairing such vehicle, except repairs necessary in an emergency parking of a disabled vehicle; emergency repairs are repairs that require less than 24 hours to make vehicle operable from time of emergency parking; or 3. Displaying advertising. (e) Within the community redevelopment area as designated by the city council, between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m., within any portion of the paved right-of-way or land in which the state, the county or the city has a legal interest, and which is devoted to or required for the use as a public street for the purpose of loading or unloading goods or materials from a commercial vehicle; (f) Any city, county or state parking facility in violation of any lawfully posted signs restricting the use of the facility; or (g) Any right-of-way in a manner obstructing the operation of curbside collection services vehicle or container collection service vehicles in the performance of collection responsibilities. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-33.- Parking on right-of-way prohibited; exceptions. (1) It shall be a violation of this article to park any vehicle on the paved portion of any right-of-way for any street, road or highway in the city except where adequate provision for motor vehicles has been provided by marked spaces for same or where signs clearly indicating that vehicle parking is permitted have been posted at such locations. (2) This section shall not apply in case of emergency situations or vehicle breakdown; provided, however, that to the extent possible and whenever practical, the disabled vehicle shall wholly or partly be driven off of the paved portion of the roadway. (3) This section shall not apply to the parking of any commercial vehicle, with or without trailer, upon the paved portion of a right-of-way for any period of time in which the operator of the vehicle is actively engaged in deliveries, lawn maintenance or other trade activity upon the abutting property, if there is insufficient unoccupied driveway space upon the abutting property to accommodate the length of the vehicle and trailer, if any. However, in every event, an unobstructed width of the paved portion of the right-of-way opposite the vehicle and trailer, if any, shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the paved portion of the right-of-way. No such vehicle or trailer shall be stopped or parked on the http://library.municode.com/print.aspx?clientl D=10145&HTMRcquest--http%3 a%2f%2fli... 4/29/2011 Municode Page 3 of 6 paved portion of a right-of-way within 50 feet of any street intersection or marked crosswalk. For the purpose of this subsection, "commercial vehicle" and "trailer" shall mean as defined in section 28-2. 1 (Ord. No. 5132, § 5, 4-27-10) Sec. 16-34.- Metered parking. (1) The establishment or modification of locations designated to be parking meter zones shall be by resolution. (2) The city is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones. (3) Each parking meter zone shall provide notification that parking in that parking meter zone requires payment and the maximum length of allowable parking time. (4) Each parking meter shall mechanically or electronically indicate expiration of the paid parking time for the parking spaces covered by that parking meter. ':. (5) The fees to be charged by parking meters in each parking meter zone shall be as described in the user fee schedule. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-35 Violations. (1) It shall be a violation of this article for any person to allow any vehicle registered in his name or under his control to be illegally parked or in overtime parking. A parking citation may be issued to owners of vehicles illegally parked or in overtime parking. (2) Whenever any vehicle without a driver is found parked, stopped, or standing in violation of this article or other city ordinance or by the laws and regulations of the state, a duly authorized personnel may affix a parking citation to such vehicle. (3) The fact that the time device on any working parking meter is showing no time remaining shall be presumptive evidence that the vehicle is in overtime parking. (4) It shall be a violation of this article for any person to deposit or cause to be deposited in any parking meter any slug, device, or inappropriate substitute for acceptable monetary payment, or to use any external device to falsely register time on a parking meter. It shall also be unlawful to insert foreign objects into the parking meter or to tamper with or to damage the parking meter in any way as set forth in F.S. § 877.08. (5) It shall be a viciation of this article to tamper with or to damage an immobilization device attached to a vehicle. (6) The fact that a parking citation has been previously issued for a vehicle in overtime parking shall not prevent duly authorized representatives of the city from issuing a subsequent parking citation. A subsequent parking citation may be issued for each subsequent violation of the maximum time limit provided on the legend of the parking meter or the posted signage. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-36.- Fines for parking violations. (1) A schedule of fines for parking violations within the city shall be listed in the user fee schedule. a (2) Parking violation fines as set forth in the user fee schedule shall be paid within 15 calendar days from the date of issuance of a parking citation. (a) Parking violation fines not paid within 15 calendar days from the date of the parking citation shall be subject to a penalty fine as described in the user fee schedule. (b) Parking violation fines and penalty fines for which full payment is not received within 90 calendar j days from the date of issuance may be referred to a collection agent or a private attorney pursuant to F.S. § 938.35. (c) In the case of overpayment of a parking violation fine and penalty fine, no refund shall be made if payment of any previous or subsequent parking citation is due and owing on any vehicle owned by the same registered owner of the vehicle, as long as such parking citation is not under appeal. The city shall apply such credit balance to the oldest outstanding delinquent parking citation first. (Ord. No. 5132, § 5, 4-27-10)- Sec. 16-37.- Towing; use of immobilization devices. (1) Duly authorized city representatives are hereby authorized to direct the removal and impoundment of any vehicle in areas where signs have been posted indicating that it is a location from which vehicles will be removed if they are parked illegally. (2) http://Iibrary.municode. com/print.aspx?clientID=10145&HTMRequest=http%3 a%2f%2fli... 4/29/2011 Municode Page 4 of 6 Law enforcement officers and duly authorized city representatives of the city are hereby authorized to direct the removal and impoundment of any vehicle that is impeding traffic. (3) Duly authorized city representatives are hereby authorized to attach, or have attached, an immobilization device, which prevents a vehicle from being moved under its own power, to a vehicle, or to have such vehicle towed, under the following conditions: (a) The vehicle has, on at least 3 prior occasions, been issued parking citations which the registered owner has failed to respond to by paying the fines and penalties resulting from the parking citations or by requesting an appeal hearing as provided in section 16-41 to contest the parking citations; and (b) The registered owner of the vehicle has been given written notice by mail that the vehicle will be subject to the provisions of this section if the owner does not pay all of the fines and penalties for all outstanding parking citations for that vehicle. (4) The city manager or designee shall maintain a current list of all vehicles to which an immobilization device may be attached and/or which may be towed pursuant to this section. (5) If an immobilization device is attached to a vehicle under the provisions hereof, the immobilization device shall be attached to the vehicle at any location within the city where the vehicle is found, providing such location is in a right-of-way or a place where the public is invited to travel or a parking area owned or under the control of the city, except that no vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (a) At the time an immobilization device is attached to a vehicle, a notice shall be affixed to the windshield or to the left front window stating that the immobilization device has been attached. The notice shall state the total amount of the unpaid parking citations and all associated fees and I fines for which the vehicle is immobilized, plus the fee for removal of the immobilization device, and the information regarding the methods and locations for paying the amount due. (b) The immobilization device shall be removed from the vehicle only upon payment of the { outstanding parking citations and associated fines and penalties for which the vehicle has been immobilized plus the fee for removal of the immobilization device. However, if an immobilization device remains on a vehicle for more than 48 hours, the vehicle may be towed and impounded. The vehicle shall remain impounded until the costs of towing and impoundment, as well as all outstanding parking citations and associated fines and penalties, and immobilization device removal charge, are paid. (6) If a vehicle is towed under the provisions hereof, the vehicle information shall be forwarded to the communications division of the police services department. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-38.- Limitation of liability. li The city specifically disclaims liability for any damages, injuries, or losses caused by or resulting from j the use of an immobilization device and/or from towing and impoundment as used in the provisions hereof. (Ord- No. 5132, § 5, 4-27-10) r Sec. 16-39.- Withholding of license tags. I I Pursuant to F.S. § 316.1967(6), the city may periodically supply to the department of highway safety and motor vehicles (DMV) a listing of persons who have 3 or more unpaid parking citations. The city shall notify the DMV to remove a person from such list only after all unpaid parking citations and all associated fines and penalties are paid. i (Ord. No. 5132, § 5, 4-27-10) Sec. 16-40. Administrative review process. The city's parking administrative office is authorized to dismiss a parking citation under the following circumstances: (a) Defective meters. If a person who has received a parking citation for overtime parking believes the parking meter used to determine the overtime parking violation is defective or malfunctioning, such person shall notify the city's parking administrative office in writing of the alleged defect or malfunction within 72 hours of the time of issuance of the parking citation by completing an on- line form or completing a form at the city's parking administrative office. 1. If the meter is found to be functioning properly, the person who contacted the city shall be notified in writing by the city's parking administrative office, and all fines and penalties shall be due and payable within 15 days of the date of the notification. http://Iibrary.municode.comlprint.aspx?clientlD=10145&HTMRequest=http%3 a%2flo2fli... 4/29/2011 Municode Page 5 of 6 2. If the meter is found to be defective or malfunctioning, the person who contacted the city shall be notified in writing by the city's parking administrative office and the parking citation shall be deemed to be invalid and all fines and penalties shall be removed. (b) Failure to display a valid placard. If a person who holds a valid permit receives a parking citation for overtime parking because the permit or placard was not properly displayed, such person shall j bring the permit to the city's parking administrative office within 15 calendar days of the issuance of the parking citation. There shall be an administrative fee assessed as described in the user fee schedule for dismissing the parking citation based on an improperly displayed placard. (c) The decision of the city's parking administrative office is appealable to the city's special master. (Ord. No. 5132, § 5, 4-27-10) .._ ..... Sec. 16-41.- Appeals. (1) Any person issued a parking citation, or is the owner of a vehicle on which an immobilization device has been attached and/or is the owner of a vehicle that has been towed and impounded for parking violations under this article, hereinafter referred to as the appellant, may file an appeal to establish if the parking citation was wrongfully issued, or if the vehicle had the immobilization device improperly attached or if the vehicle was improperly towed due to the failure to meet the provisions of this article. The appeal shall be heard by the city's special master, who shall proceed in accordance with the procedure in 2-117, 2-118 and 2-119, Code of Ordinances. (2) An appeal must be submitted in writing by the appellant within 15 days of issuance of the parking citation and state the basis of the appeal thereof by the appellant, or within 3 days from the time an immobilization device was attached to the vehicle and/or the vehicle was towed and impounded. The filing of an appeal requires the payment of the appropriate appeal fee as set out in the user fee schedule. (3) A hearing date shall be scheduled by the city upon receipt of the appeal. The appellant shall be given at least 10 days notice of the time and place of the hearing. (4) At the conclusion of the hearing, the special master shall make a final and conclusive determination whether the parking citation was properly issued, or for booting and/or towing, that the booting and/or towing were proper following the provisions of this article. The determination shall be reduced to writing and signed by the special master and filed in the office of the city clerk, and a copy shall be mailed to the appellant. (5) The decision of the special master shall be effective when fled with the city clerk. (6) If the special master rules in favor of the appellant, all fees, fines and penalties paid by the appellant to the city regarding the specific parking citation(s), attachment of immobilization device, and/or vehicle towing and impoundment shall be returned to the appellant as soon as reasonably practicable. (7) If the special master rules against the appellant, all fees, fines and penalties shall be due, including the fees for removing the immobilization device and/or towing and impounding, and all such costs must be paid in full before the vehicle is released to the owner. If all such fees have been paid prior to the appeal, the city shall retain all such fees. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-42.- Special rates and parking licenses. (1) Special rates. The city manager or designee may authorize a special single event rate in any parking meter zone. (2) Revocable parking licenses. A revocable license by which the city agrees to license parking spaces within a metered parking zone may be issued by the city. The city manager may issue such a revocable license for a period of time not to exceed 5 consecutive days in any 90 -day period and the fee for such license shall be determined by the city manager. Any revocable license for a period longer than 5 days shall require review by the planning and zoning board and approval by the community redevelopment agency and/or the city council, as appropriate. The fee for such license shall be determined by the city council. A placard specifying the location and dates of the license may be issued for display in the vehicle(s) utilizing the license. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-43.- Towing unauthorized vehicles from private real property. (1) An owner of private real property shall not be permitted to authorize the towing of unauthorized vehicles i from the property unless the following requirements are met: (a) The owner has complied with the provisions of F.S. § 715.07 and the provisions of this section which impose a more stringent requirement than the statute. (b) Except for any property which is vacant, unimproved and upon which no structure is constructed, and except for residentially zoned property, the property owner or his agent shall have given an http://library.municode. comlprint.aspx?clientID=10145&HTMRequest=http%3a%2f%2fli... 4/29/2011 Municode Page 6 of 6 express instruction to a towing company to tow a vehicle. The express instruction shall be evidenced by the physical presence of the property owner or his agent at the time of the towing, and the written statement and signature of the property owner or his agent on the receipt to be furnished to the owner or operator of the vehicle being towed or removed that the vehicle was towed and removed based on his express instruction. An agent for a property owner shall not be an officer, agent or employee of the towing company. An express instruction shall be considered to have been given only if the instruction does not occur in advance of the actual unauthorized parking of the vehicle or if the instruction is not general in nature and is related to specific, individual and identifiable vehicles which are already parked without authorization. (c) The storage yard to which the vehicle is towed is open from 8:00 a.m. to 11.00 p.m. on the day on which the vehicle is towed. (2) Any private property owner who has violated or who has been cited for a violation of any of the provisions of this section shall be punished in accordance with all provisions regarding enforcement of ordinances contained in this Code, including but not limited to reference of the violation to the code enforcement board. (3) The city, when acting pursuant to an agreement between it and a property owner, shall be exempt from the provisions of this section; provided, however, that the provisions of F.S. § 715.07 shall be applicable to any such agreement. (Code 1966, § 21-85; Ord. No. 5035, § 2, 5-28-08; Ord. No. 5132, § 4, 4-27-10) Editor's note— Ord. No. 5132, § 4, adopted Aprit 27, 2010, amended the Code by renumbering former § 16-33 as a new § 16-43. i Cross reference— Abandoned, wrecked, junked vehicles, § 10-116 et seq. Secs 16-44-16-55.- Reserved. FOOTNOTES). (82} Jurisdiction of the code enforcement board, § 2-91 et seq.; parking regulations and fees in public parks and recreation areas, § 11-128 et seq.; solid waste receptacles required in parking lots, § 14-16: tractor -trucks stopped in rights-of-way restricted, § 16-59; the city manager shalt designate taxi stands, § 18-118; ingress and egress sign regulations, § 24-119; development regulations for off-street parking facilities, § 23-186 et seq.; streets and sidewalks, ch. 25; parking, storage, keeping of certain vehicles restricted, § 28-1546 et seq.; off-street parking and loading requirements, § 28-1646 et seq. Back http://library.municode.comlprint.aspx?clientlD=10145&HTMRequest=http%3 a%2f%2fli... 4/29/2011 ARTICLE II. PARKING* o riJ n o su( s r ARTICLE If. PARKING* Page 1 of S �-4aCA /h e,i� 3 `State law references: Authority to regulate parking, F.S. § 316.008(1)(a); parking generally, F.S. § 316.1945 et seq. DIVISION 1. GENERALLY Sec. 74-26. Unauthorized vehicles on public property. The parking, on property of the town other than metered off-street parking lots, of any vehicle not owned by the town or by an employee or official of the town while engaged in official business of the town, is hereby prohibited;, and shall subject the driver or owner of such vehicle to the cost of removing such vehicle from such public property in addition to the penalties provided in section 1-8 of this Code. (Code 1960, § 15-12.12) Secs. 74-27--74-35. Reserved. DIVISION 2. PARKING METERS Sec. 74-36. Authority to contract for purchase, installation, repair and supply of parts of meters; payment from revenue received from operation of meters. (a) The town manager is vested with authority to enter into contracts, subject to the approval of the terms and conditions thereof by the town council, pertaining to the purchase or installation of parking meters. The fund required for the purchase or installation of such meters shall be obtained solely from the receipts, funds and revenues obtained from the operation of such parking meters, without in any manner obligating the town to pay from any other source. (b) The town manager is vested with the additional authority to enter into a contract, subject to the approval of the terms and conditions thereof by the town council, to provide for necessary parts and for the maintenance of such parking meters in a good operating condition; provided, however, such parts and maintenance shall be obtained exclusively from the receipts, funds and revenues received from the operation of such meters. (Code 1960, § 15-1) http:/llibrary4.municode.com/default-test/DocView/I 0940/1/102/104 4/29/2011 ARTICLE II. PARKING* Sec. 74-37. Establishment of zones. Page 2 of 8 The town manager is vested with the authority to establish zones in the town to be known as parking meter zones, and upon such streets and in such parking meter zones the town manager shall install or cause to be installed, and shall designate or cause to be designated, parking meter spaces. The town manager is directed to establish such parking meter zones, and from time to time thereafter as traffic conditions warrant, and to install or cause to be installed such parking meters as traffic conditions may require. (Code 1960, § 15-2) Sec. 74-38. Installation, regulation, control and operation. (a) The town manager shall provide for the installation, regulation, control, operation and use of the parking meters described in this division, and he shall maintain such meters in a good and workable condition. (b) Parking meters installed in parking meter zones in the town shall be placed at the curb immediately adjacent to each designated individual parking place. Each parking meter shall be placed or set in such manner as to indicate or display by signal that the parking space adjacent to such meter shall or shall not be legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time established for such individual parking space, and when operated, shall indicate on and by its dial and pointer the duration of the period of legal parking, and, on the expiration of such period, shall indicate illegal or over parking. (Code 1960, § 15-3) Sec. 74-39. Designation of spaces; parking across lines designating spaces, etc. The town manager shall paint or place, or cause to have painted or placed in the town, lines or markings upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which such meter is to be used, and any vehicle parked alongside of or next to any parking meter shall park within the lines or markings so established. It shall be unlawful to park any vehicle across any such line or marking, or to park any vehicle in such manner that the vehicle or any portion thereof shall protrude beyond the area designated by such lines or markings. (Code 1960, § 15-4) Sec. 74-40. Manner of parking. Whenever any parking space in any parking meter zone in the town shall be parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked within the area designated by lines painted upon the pavement. When parking space in any parking meter zone shall be diagonal to the curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost portion of such vehicle directed at and nearest to such meter. (Code 1960, § 15-5) http://Iibrary4.municode.com/default-test/DocView/1094011/1021104 4/29/2011 ARTICLE II. PARKING* Page 3 of 8 Sec. 74-41. Coin deposit required; parking time limited. When any vehicle shall be parked in any space alongside of or next to a space in the town in which a parking meter is located, the operator of such vehicle shall immediately deposit, or cause to be deposited in the parking meter, a coin in United States currency, in a denomination described on the parking meter, upon entering the parking space and set the timing mechanism of the parking meter in operation and the parking space may then be lawfully occupied by such vehicle during the period of parking time which has been prescribed for a coin of such denomination for that portion of the street or parking area in which the parking space is located. If any vehicle shall remain parked in any parking meter space beyond the parking time limit so fixed, the parking meter shall display a sign or signal indicating illegal parking, and in that event such vehicle shall be considered to have parked overtime and in excess of the period of legal parking time. The parking of such vehicle overtime or beyond the period of legal parking time in any such portion of the street or parking area where such meter is located shall constitute a violation; and it shall constitute additional and separate violations when such vehicle is parked overtime beyond an additional period or periods equal to the maximum applicable legal parking period of time. It is provided, however, that the placing of coins in parking meters shall not be required unless indicated otherwise on such meter, or by authorized signs, nor between the hours of 10:00 p.m. and 8:00 a.m. unless indicated on such meter that a different hour in the day is applicable thereat. (Code 1960, § 15-6) Sec. 74-42. Deposit of coin to extend parking time beyond legal time prohibited. It shall be unlawful for any person to deposit or cause to be deposited in any parking meter in the town any coin for the purpose of enlarging or extending the parking time for any vehicle beyond that legal parking time which has been established for the parking space immediately adjacent to which such parking meter shall have been placed. (Code 1960, § 15-7) Sec. 74-43. Use of slugs prohibited. It shall be unlawful to deposit or cause to be deposited in any parking meter in the town any slug, device or metallic substitute for a coin of the United States. (Code 1960, § 15-8) Sec. 74-44. Use of fees from parking meters. All coins required to be deposited in parking meters as provided in this division are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets, and to cover the cost of the supervision, inspection, installation, operation, maintenance, control and use of the parking spaces and parking meters described in this division, together with the cost of supervising and regulating the parking of vehicles in the parking meter zones created. (Code 1960, § 15-10) http://library4.municode.com/default-test/DocView/10940/1/102/104 4/29/2011 ARTICLE II. PARKING* Page 4 of 8 Sec. 74-45. Use of public parking for profit prohibited. (a) It shall be unlawful and a violation of this section for any person to use a parking space regulated or controlled by a parking meter on the public streets of the town or in an off-street parking facility owned by the town, where such parking space has been marked and designated as the parking place to which such parking meter appertains, for the private parking of motor vehicles not owned or operated by him and for private profit; or for any person who is the owner or operator of any motor vehicle to cause, allow or permit any person other than the owner or operator to deposit legal tender or an approved device in any parking meter and place such meter in operation for a profit or consideration to such person so depositing such legal tender or approved device in such parking meter. (b) Enterprises (whether for-profit or on behalf of a nonprofit group) may request permits for the use of off-street parking from the town for occasional special events by filing an application and payment of an administrative fee to be set by the town manager in consideration for which the town will earmark the parking spaces, in an amount deemed appropriate by the town manager, in the public parking lot located on Harding and 94th street. The town manager may waive enforcement of this section in an isolated instance. (Ord. No. 1494, § 1, 7-8-08) Secs. 74-46--74-55. Reserved. DIVISION 3. MUNICIPAL OFF-STREET PARKING FACILITIES Sec. 74-56. Establishment of other facilities. Nothing contained in this division shall be construed to prohibit or prevent the establishment, maintenance and operation of off-street parking facilities by the town which are hereby declared to be a municipal purpose. (Code 1960, § 15-11) Sec. 74-57. Enforcement; windshield stickers. (a) The town manager is authorized and directed to enforce the pertinent provisions of this article in connection with the town's operation of such street and off-street parking facilities; provided, however, in lieu of requiring the deposit of coins in parking meters installed within street and off-street parking areas and to add to the convenience of those using such facilities, the town manager be, and he hereby is authorized to sell and issue either stickers or removable placards, the exhibition of which will permit the vehicle upon which they are so exhibited to remain in a metered parking space, in areas designated by the town manager, without the deposit of a coin. Such stickers and placards shall not be transferable or assignable. Only the vehicle upon which a current sticker shall have been placed shall be entitled to parking in a metered parking space, in areas designated by the town manager, without the deposit of a coin. http://Iibrary4.municode.com/default-test/DocView/10940/1/1021104 4/29/2011 ARTICLE 1I. PARKING* Page 5 of 8 (b) The town manager shall, at any time and from time to time, fix the annual rates and charges for parking stickers and placards issued under this division. (c) It is the general duty of the town manager to plan and determine the installation of parking meters and parking spaces, and to plan and direct the operation of traffic on off-street parking lots and all other properties owned by the town. The town manager is authorized to designate crosswalks, mark traffic lanes, designate traffic control signs, lane markings, and determine the hours and days during which any traffic control device shall be in operation or be in effect; shall determine the location of angle parking zones; prescribe or prohibit parking in designated areas; and may cause to be erected signs prohibiting or limiting parking in specified areas and locations. (Code 1960, § 15-12; Ord. No. 1379, § 1, 11-11-97) Sec. 74-58. Valid tag, certificate required. It is unlawful for any person to stop or park, on any off-street municipal parking facility, any motor vehicle which is required by law to be licensed or inspected, unless such motor vehicle has attached thereto, in proper position, a valid and unexpired license tag and a valid and unexpired certificate of inspection. (Code 1960, § 15-12.1) Sec. 74-59. General rules for use; procedure for violations. (a) No person shall park any vehicle or permit any vehicle to remain parked in any off-street parking metered space when the parking meter for the space occupied by such vehicle shows a violation. (b) No person shall step, stand or park any vehicle or permit any vehicle to remain parked in any parking metered space for a continuous period of time greater than the maximum provided for on the meter upon the deposit of a lawful coin of the United States. (c) Every vehicle on an off-street parking lot shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted and with the front end of such vehicle immediately opposite the meter for such space. (d) No person shall deposit in any off-street parking meter anything other than a lawful coin of the United States, or any coin that is bent, cut, torn, battered or otherwise misshapen; nor shall any unauthorized person remove, deface, tamper with, open, break, destroy or damage any parking meter; nor shall any person willfully manipulate any off-street parking meter in such a manner that the indicator will not operate and continue to show the correct amount of unexpired time. (e) No person shall park any vehicle or permit any vehicle to be parked on an off-street parking lot without a valid and unexpired inspection sticker, if such vehicle is subject to inspection, or without a valid and unexpired license plate, or in any other manner permit a vehicle under his control or owned by him to be in nonmoving violation of any ordinance or statute. (f) The town shall provide suitably serialed numbered forms for notifying alleged violators of the fine levied, or to appear in answer to charges of violating the regulations as contained in this section. Such forms shall be issued and receipted for by the chief of police. http://Iibrary4.municode.conVdefault-test/DoeView/109401111021104 4/29/2011 ARTICLE 11. PARKING' Page 6 of 8 (g) In any prosecution charging a violation of any off-street parking or other provision of this section, proof that the particular vehicle was parked or otherwise operated in a nonmoving violation of this section, together with proof that the defendant named in the citation was, at the time of such parking or other nonmoving violation, the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who stopped, parked or operated such vehicle at the point where and at the time when such violation occurred. (h) if the violator of the provisions of this section does not appear in response to a citation placed upon such motor vehicle within a period of 30 days, the town shall send the owner of the motor vehicle upon which the citation was placed a letter informing him of the penalty in accordance with clause (1) of subsection (i) below, and if such penalty is not paid within thirty days, a summons or warrant for arrest may be issued against him. (i) Any person charged with a violation of the provisions of this section shall have the option of (1) paying a civil penalty within the time specified in the citation or (2) contesting such citation by delivering to the town clerk by mail within seven days, including Saturdays, Sundays and legal holidays, of the date of the citation a written request for a hearing or by hand -delivering such written request, together with the citation, to the town clerk's office between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday, excluding legal holidays. The following shall constitute the fixed uniform schedule of civil penalties to be paid by offenders in accordance with clause (1) above, to -wit: Overtime parking in a metered and/or posted time zone: If paid within 48 hours of issuance, excluding weekends and legal holidays ... $12.00 If paid within seven days of issuance, but after 48 hours ... $18.00 If paid after 30 days of issuance, where no summons or warrant has been issued ... $30.00 (j) Hearing officers. The town commission, consistent with the provisions of F.S. §§ 318.30 through 318.38, does hereby appoint and empower hearing officers to adjudicate violations of the town's parking ordinances. (k) Request for hearing; notice of hearing. (1) The town clerk shall notify the town manager immediately of each request for hearing received by the town clerk; the town clerk shall give the person issued the citation at least seven days' advance written notice, including Saturdays, Sundays and legal holidays, of the scheduled date, time and place for the hearing. (2) Said notice shall be sent by mail to the address of the registered owner of the vehicle, as per the issued citation or, in the event that the town has been advised in writing that the driver (violator) of the vehicle is not the owner, to the driver's address. (1) Hearing procedures. (1) The person issued the citation may: (i) be represented by counsel; (ii) call and examine witnesses; (iii) introduce exhibits; (iv) examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination; and (v) impeach any witness regardless of which party first called the witness to testify. (2) All hearings shall be conducted, insofar as practical, in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code. However, the general nature of the hearing shall be conducted in an informal manner. (3) All irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable and prudent persons in bttp://Iibrary4.municode. com/default-test/DocView/10940/1 /102/104 4/29/2011 ARTICLE II. PARKING* Page 7 of 8 the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial before courts of the State of Florida. Evidence may be received in written form. However, all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other admissible evidence but it shall not be sufficient in and of itself to support a finding unless it would be admissible over objection under the Florida Rules of Civil Procedure and/or under the Common Law of the State of Florida. (4) Any interested party or person may make application and, upon good cause shown, may be allowed by the hearing officer in his discretion to intervene and appear in a proceeding pending before the hearing officer. (m) Contest by mail. (1) Those persons who receive a parking citation but who do not reside in Palm Beach, Broward or Miami -Dade County, Florida may contest the citation in writing, thus avoiding the necessity of appearing for a hearing. (2) Such person must submit to the town clerk his written request to contest the citation, along with all evidence in support of such contest, within seven days of the date that the citation was issued. (3) The town clerk shall present the evidence to the hearing officer at a hearing to be held within 60 days of the date that written request to contest the citation was received by the town clerk. Notwithstanding that the violator has requested to a written contest of the issuance of the citation, such violator will nevertheless be notified by the town clerk of the scheduled date, time and place of the hearing. (4) The evidence presented must include a sworn statement by the person cited. The statement must identify the citation at issue by its number and date of issuance. It must set forth the name and current address of the person cited. The statement may contain argument in opposition to the citation. The hearing officer will not consider unsworn statements. (5) The evidence submitted may include sworn statements of witnesses. Such statements must include the name and address of the witness, as well as the basis of the witness's knowledge about the facts asserted in the statement. (6) The evidence submitted may also include such documents as are relevant and material to the disposition of the citation. (7) All evidence submitted is subject to the evidentiary rules set forth above. (n) Orders and judgments of hearing officer. (1) Pursuant to the provisions of F.S. § 316.1967, any person who elects to appear before the hearing officer or to contest a citation by mail shall be deemed to have waived his right to pay the civil penalty amount set forth on the citation. (2) After a hearing, or following consideration of any mailed -in admissible evidence, as applicable, the hearing officer shall make a determination based on the greater weight of the evidence as to whether a parking violation has been committed and shall issue a judgment imposing (i) a civil penalty of $250.00 for violations of disabled parking ordinances and a civil penalty not to exceed $100.00 for violations of all other town parking ordinances, and (ii) hearing costs. The hearing officer may, in his discretion, grant additional time to pay the civil penalty amount. All judgments shall be in writing, signed and dated by the hearing officer, and shall contain findings of fact supporting the judgment and conclusions of law. (3) If, at the conclusion of a hearing, or following consideration of admissible mailed - in evidence, the hearing officer orders a dismissal of the citation and finds no violation, http://Iibrazy4.municode.com/default-test/DocView/1094011/102/104 4/29/2011 ARTICLE 11. PARKING* Page 8 of 8 the hearing officer shall so state and issue his order of dismissal in writing, signed and dated by the hearing officer and shall set forth findings of fact supporting the order of dismissal. (4) Hearings shall be scheduled to be held within 60 days of request and decided within 30 days following such hearing. The decision of the hearing officer is appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the hearing officer and shall not be hearings de novo. Appellants are responsible for producing the record of the hearing beyond that which normally results from the civil traffic infraction hearing process. (Code 1960, § 15 -12.2(a) --(h); Ord. No. 1383, § 1, 4-14-98) Secs. 74-60--74-70. Reserved. http://Iibrary4.municode.com/default-test/DoeView/10940/1/102/104 4/29/2011 W dv . yy> City of Cape Canaveral \ | \ \ —�L-----------'- v+�� -^� ------ City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/17/2011 Item No. / D Subject: Discussion of Council Consent Agenda Policy and Rules of Procedure Department: Administrative Summary: The City Council's Rules of Procedure are established in the Code of Ordinances, Sections 2-56 through 2-70. These procedures have been amended over the years and most recently by Ordinance 01-2011 which incorporated changes required by the new Charter and accommodated one monthly meeting. None of these sections address the Consent Agenda policy. This was done through an informal policy adopted on November 21, 2000, amended on February 20, 2001 and October 16, 2001. At the April 19, 2011 Council Meeting, it was requested this informal policy be amended to remove the requirement for the items to be read. Since this is an informal policy, it seemed to be a request that could easily be accomplished. Unfortunately, the Rules of Procedure, specifically Section 2-66(b), requires all items of business be announced by the Presiding Officer. An Ordinance amendment will be needed to accomplish the requested change. Staff has prepared suggested amendments to Section 2-66, which incorporates the informal Consent Agenda policy into the Code and provides several other suggestions. This will bring all Rules of Procedure into one place. We ask that Council discuss the proposal and provide direction on how the Ordinance amendment shall be drafted. Submitting Department Director: Angela M. Apperson Date: 5/4/2011 Attachment(s): #1 - Council Rules of Procedure as amended by Ordinance 01-2011. #2 - Consent Agenda Policy. #3 - Suggested amendments to Section 2-66 — Consideration of matters before Council. Financial Impact: Minimal impact — cost of Ordinance preparation and advertisement. Both can be paid for within the existing budget. Reviewed by City Treasurer: Andrea Bowers ZZ Date: 5110111 The City Manager recommends that City Council take the following action(s): City Council discuss the suggested amendments and provide direction for Ordinance preparation. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Council Rules of Procedure as amended b Ordinance 01-2011 �44ck nerv� 1�4 ARTICLE II CITY COUNCIL DIVISION 3. - MEETINGS Sec. 2-56. - Regular meetings. The city council shall hold regular meetings on the third Tuesday of each month at 7:00 p.m. The city council may, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held. Regular meetings may be otherwise postponed, canceled or rescheduled by consensus of the city council. All regular meetings shall be held in the place as designated by a majority of the council in open session. (Ord. 01-2011, 411912011) Sec. 2-57. - Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article II, section 2.11. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at city hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the place as designated by a majority of the council in open session and shall be open to the public and the press. (Ord. 01-2011, 411912011) Sec. 2-58. - Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business. Workshop meetings shall be held in the place so designated by council to be the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members. (Ord. 01-2011, 4/1912011 ) Sec. 2-59. - Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall have a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. (Ord. 01-2011, 4/19/2011) 1 Council Rules of Procedure as amended b Ordinance 01-2011 Sec. 2-60. - Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk, city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two weeks prior to the council meeting. Agenda packets shall be distributed to council members the Tuesday one week prior to the council meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place at city hall and on the city website the Tuesday one week preceding the meeting. (Ord. 01-2011, 4/19/2011) Sec. 2-61. - Parliamentary procedure. Except as may be provided in the Charter or in this division, questions of order, the methods of organization and the conduct of business of the council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. Sec. 2-62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. ( Ord. 01-2011, 411912011) Sec. 2-63. - Sergeant at arms. The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. Sec. 2-64. - Call to order; quorum; roll call. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before proceeding with the business of the council, the city clerk or designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. (c) if a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically adjourned. 2 Council Rules of Procedure as amended b Ordinance 01-2011 (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council. Sec. 2-65. - Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference. The city clerk shall have available a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. (Ord. 01-2011, 411912011) Sec. 2-66. - Consideration of matters before council. (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn, to recess, to lay on the fable, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. (d) The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission shall be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council. (g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked councifinembers except through the presiding officer. (h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i) The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing debate. Council Rules of Procedure as amended by Ordinance 01--2011 Sec. 2-67. - Adoption of motion. Upon cessation of discussion or if called, the motion before the city council shall be restated by the presiding officer. Each councilmember shall be called in alphabetical order according to last name and shall verbally state "for" or "against" the motion. The city clerk shall record the vote of each councilmember both in the minutes and upon the resolution or ordinance. The presiding officer shall declare the status of the motion after a vote has been taken. Sec. 2-68. - General discussion. Every regular meeting of the city council shall include a period of time limited to oneug arter hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2-66(g) and (h) shall apply. (Ord. 01-2011, 4/19/2011) Sec. 2-69. - Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by super -majority vote of the city council present at the time of adjournment required by this section. Sec. 2-70. - Eminent domain powers. Notwithstanding the United States Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), and any other authority under Florida law, the city council shall not exercise the power of eminent domain solely for economic development purposes. Any exercise of such power shall be declared void ab initio. Secs. 2-74-2-90. - Reserved. 4 Memo To: The Mayor and City Council Members From: Susan Stills, City Clerk C. Bennett Boucher, City Manager Kohn Bennett, City Attorney Date: ,..1011812001 /V446 k o-, en -� *I Re: Revision to the Consent Agenda Policy approved at the City Council meeting on October 16, 2001 CONSENT AGENDA All items brought before the City Council on the Consent Agenda are to be approved by a single motion. Such requests shall include, but not be limited to: • Approval of the minutes • 4pproal of resolutions to ppoint City board members • Proclamations (unless a special presentation is to be made) • Bid recommendations for items which were approved by the City Council during the budget process and which are permitted under the provisions of the City Code • Certain fee waivers for licenses, sign permits, etc. as permitted by City Code • Payment of contracts • Map approval, reports, bids and agreements that have been previously discussed • Other minor events that, in the City Manager's opinion, do not significantly impact the normal service delivery capacity of the City. --�? Consent Agenda items shall be read for the benefit of the listening audience. On a non- standard item, the Mayor may briefly explain the item being approved. Any Council Member, resident, taxpayer and interested party has the prerogative to remove an item from the Consent Agenda for discussion or tabling purposes in order to maintain good public relations and citizens' confidence. Consent agenda items are approved en masse by one vote of the Council; however, each item within the consent agenda shall be separately recorded in the minutes. Revised: 10/16/01 Suggested amendments to Section 2-66 - Consideration of matters before Council. ARTICLE 11 CITY COUNCIL DIVISION 3. - MEETINGS Sec. 2-66. - Consideration of matters before council. Attachment 3 (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. In the spirit of the Sunshine Law, the city council shall be sensitive to allow advanced notice and therefore, participation of the public on controversial issues. (b) All items of business shall be considered in accordance with the agenda_ and anReunGed by the presiding e fie,e,r Any motion shall then be appropriate. Where discussion is not anticipated on an item, the city manager may add it to the consent agenda, where all items are approved en masse by one motion and vote. Before any motion is made on the consent agenda, the presiding officer shall ask if any member of the city council wishes to remove any item from the consent agenda. Should any councilmember ask for an item to be removed, the item will be removed and considered separately. Discussion will only be allowed on items removed from the consent agenda. Items removed will be heard immediately following the vote to approve the remaining consent agenda items. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn, to recess, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn,, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. (d) The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. Suggested amendments to Section 2-66 - Consideration of matters before Council. (f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission shall be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council. (g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers except through the presiding officer. Comments may or may not receive a response from councilmembers. (h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. No placards, signs, non -city handouts or the circulation of petitions will be allowed in the council chambers. (i) The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing debate. (!.) Voting conflicts — No councilmember shall participate in any matter which would inure to them special private gain or loss; without first disclosing the nature „of interest in the matter. The presiding officer, once having declared a conflict of interest must relinquish the position by passingthe gavel to another member. This section does not preclude the presiding officer from participating and discussing the issue at the meeting. Notwithstanding the above, provisions of F.S. 112.3143, Voting Conflicts, shall apply to the council rules of procedure. M Quasi-judicial hearings: 1. The presiding officer shall announce the case. 2. Disclosure of ex parte communication Section 286.0115 FS is hereby adopted in its entirety for the purposes of removing the presumption of preiudice from ex -parte communications with councilmembers and for the purpose of adopting the procedures set forth in Sections 286.0115(3) and 286.0115(4}. 3. A copy of the original notice of publication shall be placed on the record. 4. The city council shall determine those persons with the right to speak or present evidence. 5. Those persons who have been determined to have the right t to speak will be sworn. 6. Staff shall present its case. 0) Suggested amendments to Section 2-66 - Consideration of matters before Council. 7. Applicant shall present its case. 8. Sworn parties to have standing shall present their cases. 9. Applicant shall have an opportunity for rebuttal. 10. The City Attorney shall read the ordinance by title, a motion shall be made and seconded, which contains specific findings of fact and the city council shall conduct a roll call vote. Such findings of fact shall include the action taken by the council consistent with the Comprehensive Plan and Land Development Regulations. M The Code of Conduct: 1. 1 affirm that the proper statutory and City Charter role of a councilmember, as with any_elected member of a legislative body, is to act collectively, not individually, to set and/or revise and/or to apply the City of Cape Canaveral's governing policies and that the City Manager and staff administer such policies. 2. 1 understand that a councilmember does not manage the affairs of the City. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and the City Charter to the City Manager as the chief executive officer, or undermine the City Manager's lawful authority. 3. 1 will represent the interests of the entire City when making decisions and will rely upon available facts and my independent judgment. In my capacity as a councilmember, I will avoid all legal conflicts of interest and avoid using my official position for personal, professional or partisan gain. 4. 1 will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as a councilmember. I will refrain from intimidation and ridicule of fellow councilmembers, City Manager, City Attorney, staff, and other stake -holders in the City of Cape Canaveral 5. In my capacity as a councilmember, I will refrain from inappropriate language including statements that are malicious, threatening, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of the City Council. 6. 1 will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, -examine data or weigh alternatives in the decision-making process. 7. 1 will demonstrate patience and refrain from demanding, interruptive access to _ staff or immediate responses or services when requesting information that'requires significant staff time in research, preparation or analysis or that will result in staff neglect of more urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing or through consensus of the City Council. Suggested amendments to Section 2-66 - Consideration of matters before Council. 8. 1 will devote sufficient time for adequate preparation prior to City Council meetings and be in attendance, insofar as possible, at those meetings and all other scheduled events where my participation is required. I will prepare myself through study, inquiry and thought so as to be informed thoroughly about issues to be discussed in public meetings. 9. 1 will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council, City Attorney, staff, citizens of Cape Canaveral, and utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. 10. 1 will refrain from any individual action that could compromise the integrity of the City or my fellow councilmembers. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or I am acting or speaking in my capacity as a representative of the City. 11. 1 will maintain confidentiality of privileged information and will abide by the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and applicable City Rules of Procedure in both its spirit and its intent. 12. 1 will promote constructive relations in a positive climate with all City employees, consistent with my role as a councilmember, as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners, and others sharing the City of Cape Canaveral's mission. 13. 1 will update and improve my knowledge, contributions, and value to the City by keeping abreast of current educational issues and trends through reading, continuing education and training. I will study policies and issues affecting the City of Cape Canaveral, and attend training programs if required by the City. My continuing goal will be to improve my performance as a councilmember. 14. 1 will value and assist my fellow councilmembers by exchanging ideas, concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cape Canaveral's mission/vision and the policies established by the City Council. 15. I will take a stand for my beliefs but will remain flexible enough to understand _others' views. I recognize that I share in the responsibility for all City decisions and will accept the will of the majority. 16. 1 will remember always that my first and greatest concern must be the citizens of Cape Canaveral and the public health, safety, and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. 17. 1 will be accountable to the City Council for violations of the Code .of Conduct. City of Cape Canaveral City Council Agenda Form City Council Merjing Date: 5/17/2011 Item No. Subject: Discuss Red Light Cameras and a survey conducted by ATS American Traffic Solutions. Department: Public Works Summary: On several occasions the installation of red light cameras has been raised. These cameras record electronic images of vehicles that run a red light, after the images/photos are reviewed by trained personnel, if warranted, a citation is mailed to the registered owner of the vehicle. The implementation of this program is a step toward discouraging driving behaviors that can contribute to vehicle crashes; or other types of incidents: vehicle versus bicyclist/pedestrian(s) within the City. This would make our community a more safe place in which to live, work and visit. ATS American Traffic Solutions did a Site Selection Analysis Survey of all the traffic signals within the City limits. A number of the intersections have violation numbers at a level that suggests consideration of a photo enforcement program for safety factors. On average, sites with 8 violations a day or more — over 240 per month- should be considered for camera intervention. If Council wishes Staff can proceed with Cooperative Purchasing with a City that awarded American Traffic Solutions a Contract. Submitting Department Director: Walter Bandish G16 Date: 5/5/11 Attachment(s) #1 Cape Canaveral, Florida Site Selection Analysis Survey #2 Cameras at Red Lights — a summary of 2010 Legislation (CS/CS/HB 325) #3 Current Florida Statues: 316.0776; 316.0745; and 316.07456 #4 News Article — Florida Today, Monday, May 9, 2011 Financial Impact: This program is a safety measure and not intended to be a revenue generator. Additional staff may be required to review the video to determine if enforcement is warranted. Ticket collection would be dependent upon any agreement with the camera provider and future state actions. Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Council take the following action(s): City Council discuss the program and provide direction. Approved by City Manager: David L. Greene LD ` - Date: i i) Ili City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Cape Canaveral, Florida Site Selection Analysis Survey Cape Canaveral, Florida Site Selection Analysis Survey Evaluating the numbers of red light running occurrences at City selected intersections... May 2, 2011 Proprietary and Confidential Information - American Traffic Solutions", Al Buscerni, Bus. Dev. Mgr. American Traffic Solutions 7631 E. Gray Road Scottsdale, Arizona 35260 (954) 392-0439 al.buscemi@atsol.coin www.atsol.com www. redl i Witcainera. corn The information contained in this document is Confidential Information of American Traffic Solutions, Inc., and City requesting the evaluation. ATS - Automated Intersection Safety Program Methodology The following is a summary of our findings during the recent intersection monitoring and violation assessment analysis provided by ATS for the City of Cape Canaveral. This service provides the City numerical documentation to assess and quantify the red light running and public safety problem at the monitored intersection(s). A number of the intersection approaches highlighted below have violation numbers at a level that suggests consideration of a photo enforcement program for safety factors. On average, sites with 8 violations a day or more -- over 240 per month - should be highly considered for camera intervention. Direct�a SB � � 5tree_t t 4.t�.. Florida AIA Cross Street ; W Central Blvd f_efts 6 T hru 6 Rights { 4 .OT' 16 S5M auto ap�iro-4ed Yes FNB Florida AIA Central Blvd 6 6 7F7 19 Yes NB Florida AIA North Atlantic Ave 1 Monroe Ave 0 9 17 26 Yes FSB 7FJorjda AIA Center St 1 Buchanan Ave 5 9 I 6 20 Yes NB 4 Y[FlorldaAlA Center St/ Buchanan Ave 6.., 11 �._24 ._�_..... i Yes Any questions regarding the data or process, please give me a call. I will be following up to schedule an on-site visit in the next few days to review the findings and to discuss next steps. Sincerely, Al Al Buscemi I Business Development Manager American Traffic Solutions, Inc. (954) 892-0439 al.buscemi@atsol.com f www.atsol_com Cape Canaveral, Fl. Projected Revenue Without Rights Penalties Collected by Municipality $75 # of Intersection Safety Camera Approaches 5 Notice of Violations per day per approach 13 % of Notice of Violations Issued (after review) 90% Pay Rate 70% Monthly Yearly Notice of Violations per Approach 390 4,680 Total Notice of Violations 1,950 23,400 Total Notice of Violations issued 1,755 21,060 Total Paid Notice of Violations 1,229 14,742 Gross Revenue to Municipality $92,138 $1,105,650 Option 1- Flat Fee per Month per Approach $4,750 Monthly Fee per Approach $5 Processing Surcharge - Certified Mail (10% of OTC's Issued) Total Monthly Penalties Collected $23,750 $285,000 Total Processing Surcharge $878 $10,530 Gross Revenue to Municipality $92,138 $1,105,650 Total Fee to Vendor $24,628 $295,530 Net Revenue to Municipality $67,510 $810,120 Cape Canaveral, FL Projected Revenue With Right Hand Turn Violations Penalties Collected by Municipality $75 # of Intersection Safety Camera Approaches 5 Notice of Violations per day per approach 20 % of Notice of Violations Issued (after review) 90% Pay Rate 70% Monthl Yearly Notice of Violations per Approach 600 7,200 Total Notice of Violations 3,000 36,000 Total Notice of Violations Issued 2,700 32,400 Total Paid Notice of Violations 1,890 22,680 Gross Revenue to Municipality $141,750 $1,701,000 Option 1- Fiat Fee per Month per Approach $4,750 Monthly Fee per Approach $5 Processing Surcharge - Certified Mail (10% of OTC's Issued) Total Monthly Penalties Collected $23,750 $285,000 Total Processing Surcharge $1,350 $16,200 Gross Revenue to Municipality $141,750 $1,701,000 Total Fee to Vendor $25,100 $301,200 Net Revenue to Municipality $116,650 $1,399,800 Attachment #2 Cameras at Red Lights — a summary of 2010 Legislation (CS/CS/HB 325) CAMERAS AT RED LIGHTS By: Kraig Conn After over five years of attempts, the Florida Legislature has finally passed a bill on the use of cameras at intersections to enforce red light traffic laws. CS/CS/HB 325 {"the bill") is the result of tireless efforts by the primary sponsor in the House, Representative Ron Reagan, and the primary sponsor in the Senate, Senator Thad Altman. Over the course of the legislative session, the bill went through numerous versions. The bill is somewhat vague in certain areas and may have to be further clarif ed by involved state agencies or possibly the Legislature in 2011. The following is a general overview of the bill, which should not be relied on to implement a cameras at red lights program. If your city currently has a cameras at red lights program, or is considering such a program, please have your staff obtain a copy of "Enrolled CS/CS/HB 325." The bill begins by expressly preempting to the state the regulation of the use of cameras for enforcing traffic laws under Chapter 316, Florida Statutes. This chapter of law is known as the "state uniform traffic control law," and it provides for a comprehensive, statewide system of traffic laws. Cities and counties are specifically authorized to use traffic infraction detectors to enforce state traffic laws when a driver fails to stop at a traffic signal on streets and highways under the city's or county's respective jurisdiction. A "traffic infraction detector" is defined generally as a vehicle sensor installed to work with a traffic control signal and a camera or cameras synchronized to record photographs or electronic images of a motor vehicle failing to stop at a red light. A city is authorized to install detectors within its incorporated area and a county is authorized to install detectors only in unincorporated areas of the county. However, a county may authorize a city, by interlocal agreement, to operate detectors on county roads going through the city. Under the provision in Enrolled HB 5501, cities and counties are authorized to use detectors to enforce traffic laws on state roads when permitted by the Department of Transportation. Contracts with vendors to install detectors are specifically authorized. Traffic infraction detectors are allowed on a state road when permitted by the Department of Transportation and under placement installation specifications developed by the Department of Transportation. Detectors are allowed on streets and highways under the jurisdiction of a city or county in accordance with placement and installation specifications developed by the Department of Transportation. (Note that installation specifications have not yet been developed by the Department of Transportation). The bill provides a very detailed process for administering a traffic infractions detector program. Cities, counties and the Department of Highway Safety and Motor Vehicles may authorize "traffic infraction enforcement officers" to issue traffic citations under a traffic infraction detector program. Traffic infraction enforcement officers are to receive specialized training and do not receive certification as a law enforcement officer - or police officer. A police or sheriff's department may designate employees as traffic infraction enforcement officers. (Law enforcement officers may continue to directly issue citations for anyone they observe running a red light). Once a violation occurs, the bill provides a two-step process to inform an alleged violator: a notice of violation process and a traffic citation process. Within 30 days after a violation, notice must be sent by first class mail to the registered owner of a motor vehicle involved in running a red light. The notice must contain certain information and specify various remedies available to the registered owner or that the owner can pay a penaIty of $158. It appears that the registered owner may submit an affidavit within 30 days following the date of the notice to contest the alleged violation. The registered owner will not be held responsible or liable for failing to stop at the traffic signal if the owner can establish that; the motor vehicle was yielding the right-of-way to an emergency vehicle or funeral procession; the motor vehicle was directed to pass through the intersection by a law enforcement officer; the motor vehicle was, at the time of the violation, in the care, custody, or control of another person; or a traffic citation was issued to the vehicle driver by a law enforcement officer who directly observed the vehicle running the red light. If the $158 penalty is paid, the bill provides various distribution methods. If the Department of Highway Safety and Motor Vehicles operates the traffic infraction detector program, $45 is distributed to the city in which the violation occurred, or, if the violation occurred in an unincorporated area, to the county in which the violation occurred. If a city or county operates the traffic infraction detector program, the city or county retains $75 of the $158 penalty. The remainder of the money collected is to be sent to the Department of Revenue for distribution to the state and various trust funds. Any fees or expenses a city or county incurs in operating its traffic infraction detector program are to be paid from the $75 share of the penalty, or from other city or county revenues. A manufacturer or vendor of cameras cannot receive a fee or remuneration based on the number of violations detected through use of a traffic infraction detector. Also, a commission from any revenue collected from violations detected through use of a traffic infraction detector cannot be paid. If the registered owner of a motor vehicle involved in a violation does not make payment within 30 days after notice of violation, a traffic citation may be issued no later than 60 days after the date of the violation and sent by certified mail to the registered owner. The bill establishes a process„ including notice to the proper court, and the required information for the issuance of a traffic citation. Within 30 days after the date of issuance of a traffic citation, the registered owner of a motor vehicle may provide an affidavit setting forth detailed information supporting an exemption from the citation. The exemptions are the same exemptions available to a registered owner after receiving the "notice of violation". The bill provides several exceptions for violations. A notice of violation and a traffic citation cannot be issued for failure to stop at a red light if the driver is making a right-hand tarn in a "careful and prudent manner" at an intersection where right-hand turns are permissible. The registered owner is not responsible if the vehicle was stolen at the time of the violation, or if the driver of the vehicle was issued a ticket by a law enforcement officer for running the red light. Also, the owner of a leased vehicle (rental car companies) cannot be held responsible for a violation. Traffic infraction detectors roust meet specifications established by the Department of Transportation and must be tested at regular intervals. The Department of Transportation is to establish the specifications before December 31, 2010. However, any equipment acquired by purchase, lease, or other arrangement entered into by a city or county on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a city or county on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. Except for the statements relating to the Department of Transportation specifications and payments to be made to the Department of Revenue, the bill does not address any camera programs currently operated by cities or counties. That is, the bill does not specifically provide for the "grandfathering" of any existing camera programs. Because the bill's preemption language becomes effective on July 1, 2010, any existing camera program should be carefully reviewed by city staff to determine what, if any, changes are needed to the program prior to July 1, 2010. The bill provides for various levels of public notice for the use of a traffic infraction detector program. A city placing a traffic infraction detector at an intersection must notify the public that the traffic infraction detector will be in use at the intersection, and must specifically include notification of camera enforcement of violations concerning right at red light turns. Signage, at a minimum, must be used to provide public notice. Also, if a city begins a traffic infraction detector program where none has existed previously, the city must make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the program. Each city and county operating a traffic infraction detector must submit a report by October 1, 2012, and annually thereafter, to the Department of Highway Safety and Motor Vehicles, which details the results of using the traffic infraction detector. The information must include statistical data and any information required by the Department. The Department is then to aggregate all of the information and submit annual reports to the Governor and Legislature on the use and operation of traffic infraction detectors. While the bill provides guidelines to continue or to implement a traffic infraction detector program, there will likely be many questions as to the details of operating such a program. The bill is clearly a step in the right direction, but further clarifications will undoubtedly be sought from the Department of Transportation and the Legislature. The League will keep all members informed of any additional information related to traffic infraction detectors. Attachment #3 Current Florida Statues: 316.0776; 316.0745; and 316.07456 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2010 Go The 2010 Florida Statutes(including Special Session A) Page 1 of 1 Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.0776 Traffic infraction detectors; placement and installation.— (1) Traffic infraction detectors are allowed on state roads when permitted by the Department of Transportation and under placement and installation specifications developed by the Department of Transportation. Traffic infraction detectors are allowed on streets and highways under the jurisdiction of counties or municipalities in accordance with placement and installation specifications developed by the Department of Transportation. (2)(a) If the department, county, or municipality installs a traffic infraction detector at an intersection, the department, county, or municipality shall notify the public that a traffic infraction device may be in use at that intersection and must specifically include notification of camera enforcement of violations concerning right turns. Such signage used to notify the public must meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to s. 316.0745. (b) If the department, county, or municipality begins a traffic infraction detector program in a county or municipality that has never conducted such a program, the respective department, county, or municipality shall also make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the enforcement program. Histary.—s. 8, ch. 2010-80. Copyright ©1995-2011 The Florida Legislature • Privacy Statement • Contact its http://www.leg.state.fl.us/Statutes/index.cfm?App_ node--Display_Statute&Search String... 5/10/2011 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2010 Go The 2010 Florida Statutes (including Special Session A) Page 1 of 1 Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.0745 Uniform signals and devices.— (1) The Department of Transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state. The uniform system shall, insofar as is practicable, conform to the system adopted by the American Association of State Highway Officials and shall be revised from time to time to include changes necessary to conform to a uniform national system or to meet local and state needs. The Department of Transportation may call upon representatives of local authorities to assist in the preparation or revision of the uniform system of traffic control devices. (2) The Department of Transportation shall compile and publish a manual of uniform traffic control devices which defines the uniform system adopted pursuant to subsection (1), and shall compile and publish minimum specifications for traffic control signals and devices certified by it as conforming with the uniform system. (a) The department shall make copies of such manual and specifications available to all counties, municipalities, and other public bodies having jurisdiction of streets or highways open to the public in this state. (b) The manual shall provide for the use of regulatory speed signs in work zone areas. The installation of such signs is exempt from the provisions of s. 335.10. (3) All official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation pursuant to subsection (2). (4) It shall be unlawful for any public body or official to purchase, or for anyone to sell, any traffic control signal or device unless it conforms with the manual and specifications published by the Department of Transportation and is certified to be of such conformance prior to sale. Any manufacturer or vendor who sells any traffic control signal, guide, or directional sign or device without such certification shall be ineligible to bid or furnish traffic control devices to any public body or official for such period of time as may be established by the Department of Transportation; however, such period of time shall be for not less than 1 year from the date of notification of such ineligibility. (5) It is unlawful for any public body to manufacture for installation or placement any traffic control signal, guide, or directional sign or device unless it conforms to the uniform system of traffic control devices published by the Department of Transportation. It is unlawful for any public body to sell any traffic control signal, guide, or directional sign or device it manufactures to any nongovernmental entity or person. http://www.leg.state.fl.us/Statutes/index.efn?App mode=Display_Statute&Search String... 5/10/2011 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 (6) Any system of traffic control devices controlled and operated from a remote location by electronic computers or similar devices must meet all requirements established for the uniform system, and, if such a system affects the movement of traffic on state roads, the design of the system shall be reviewed and approved by the Department of Transportation. (7) The Department of Transportation is authorized, after hearing pursuant to 14 days' notice, to direct the removal of any purported traffic control device wherever located which fails to meet the requirements of this section. The public agency erecting or installing the same shall immediately remove said device or signal upon the direction of the Department of Transportation and may not, for a period of 5 years, install any replacement or new traffic control devices paid for in part or in full with revenues raised by the state unless written prior approval is received from the Department of Transportation. Any additional violation by a public body or official shall be cause for the withholding of state funds for traffic control purposes until such public body or official demonstrates to the Department of Transportation that it is complying with this section. (8) The Department of Transportation is authorized to permit traffic control devices not in conformity with the uniform system upon showing of good cause. History.—s. 1, ch. 71-135; s. 1, ch. 72-189; s. 1, ch. 73-310; s. 1, ch. 76-31; s. 1, ch. 77- 146; s. 1, ch. 80-178; s. 4, ch. 88-91; s. 3, ch. 88-93; s. 95, ch. 99-248; s. 6, ch. 2010-80. Note.—Former s. 316.131. http://www.leg.state.fl.usIStatuteslindex.cfm?App_nnode =Display_Statute&Search String... 5/10/2011 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2010 Go The two Florida Statutes (including Special Session A) Title XXI11 Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.07456 Transitional implementation.—Any traffic infraction detector deployed on the highways, streets, and roads of this state must meet specifications established by the Department of Transportation, and must be tested at regular intervals according to specifications prescribed by the Department of Transportation. The Department of Transportation must establish such specifications on or before December 31, 2010. However, any such equipment acquired by purchase, lease, or other arrangement under an agreement entered into by a county or municipality on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a county or municipality on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. History.—s. 7, ch. 2010-80. Copyright O 1995-2019 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.usIStatuteslindex.cfrn?App mode=Display Statute&Search String... 5/10/2011 Attachment #4 News Article — Florida Today Monday, May 9, 2011 a0l~zs��r�3 0 o o� m e ` �,00 0 a 0 0. a nom._•^" Q Cl 0cdo•a w+,_o aro �" 5 �, .. 560,8 o w nOo} ooas�a o+,-.� �ca"ar .'oai�. A a asOh 0 ZA ccl4Co o ��x +..,sa & _ bb Q3 '8 0 bA a) ° OaI,O�AOOQQN *'a7.R�ls cCciS ��l.r/1bApf. 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