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HomeMy WebLinkAboutPacket 01-18-2011 RegularCALL TO ORDER: 14. I 9Fk . ....... ..... W 1 + REPORTS- 7:Oi5 p.m. — T-20 p,. m. 1011i'mr 0 110-MMARK4171 0• — T-30 p.m. C -1, ity of Cape Canaveral • lk Avenue, Cape Canaveral, Florida Tuesday January 18, 2011 7:001 PM Comments to be heard on items that do not appear on the agenda oif thiis meeting. Citizens will limit their comments to five (5) miinutes. The City Council will noi take any action under the "Audience to Be Heard" section of the agenda, The Council may schedule such items as regular agenda items and act upon them in the future. A 0 1 WiTtIAZ I MI'VISEWAMW =8 Approve Minutes for Regular City Council Meeting oJanuary anuary 4, 2011. 2. Approve Change Order No. 5 to Brewer Paving & Development, Inc., the Amount of $58,194.49 for Field Adjustments for the Ridgewo Avenue Improvements Project. I 3. Accept Library Board Annual Report and approve recommendations for Capital' Expansion Fund Expenditures. 105 Polk Avenue @ Post Office Box 326 Cape Canaveral, FL 32920-0326 'Telephone: (321) 868-1220 Fax- (321) 868-1248 www.citryofcapecanaveraLorg - email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida JaMiary 18, 2011 Page 2 of 2 4. Discussion of City Code Section 110486 - Resort Dwellings, Reso Condom in iumi,s -, Non-Confod Expiration. I REPORTS: 5. Council. 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. TNs 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 COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM f. 201 Polk Avenue, Cape Canaveral, Florida TUESDAY January 4, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL - Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: Bob Hoog Jim. Morgan Buzz Petsos Rocky Randels Betty Walsh City Manager David L. Greene City Attorney Anthony Garganese Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Clerk Angela Apperson PRESENTATION: 2010 Quarterly Holidav , Beautification Awards for Single Familv. Multi-Familv and Commercial properties within the City of Cape Canaveral: Mrs. Judy Hale presented the Single Family award to Don and Jill Blizzard; the Multi -Family award to Rebecca Row, who was representing Cape Shores Condominiums and to Mr. Dennis R. Myers, who was representing 1St Baptist Church. The recipients thanked the City for their awards and their $25.00 gift cards. REPORTS: None AUDIENCE TO BE HEARD: Joyce Hamilton indicated she is representing the businesses and the residents of Cape Canaveral. She thanked the City Council for all they have done for the City. CONSENT AGENDA: City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2011 Page 2 of 3 Mayor Randels explained the goal of the City Manager to have shorter meetings by using the Consent agenda to approve multiple items at one time. He urged Council Members to prepare themselves by asking Mr. Greene questions about the items prior to the meeting. He read the titles of the items into the record, and inquired if any are to be removed from the Consent Agenda for discussion. 1. Approve Minutes for Regular City Council Meeting of December 21, 2010: 2. Resolution No. 2011-01; Supporting Restoration of Local Control of Smoke -Free Air Laws in the State of Florida; Providing an Effective Date: 3. Resolution No. 2011-02; Supporting Alternative Modes of Transportation to Commuters Livina in Central Florida: Providina an Effective Date: A motion was made by Mayor Pro Tem Hoog, seconded by Mrs. Walsh, to accept Consent Agenda Item Nos. one and two, with the changes to the minutes as written from the City Clerk and pull item number three for discussion. 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. Item No. Three: Ms. Courtney Miller and Ms. Brenda Young, representing the Florida Department of Transportation, answered questions about the Program, the use of Park and Ride lots in Brevard County; whether there were any future funding requests for the Program; the Emergency Ride Home Program; and the use of vans from Space Coast Area Transit (SCAT) for sharing rides. It was noted the ridership on the SCAT system has increased and if this Program is successful, there will be fewer people paying gas taxes, which may cause a funding shortage for the Florida Department of Transportation. A motion was made by Mr. Petsos, seconded by Mr. Morgan, for approval of Consent Agenda Item No. Three. 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. REPORTS: 4. Council Council Member Walsh noted the associations she works with have purchased "Turtle" and "Rip Tide" signs, which will be installed near their private dune crossovers. Discussion ensued and included: whether the City should work to provide the signs to the owners of the private crossovers and at the end of Ridgewood Avenue by Ocean woods; that FDEP did not require a permit for these signs, provided they are placed near the crossover; that the City has required several condominiums to provide public crossovers and whether the City should place signs at these crossovers. No consensus was recorded. City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2011 Page 3 of 3 Council Member Petsos: • Asked for a status report on the Harbor Heights easements. City Manager Greene explained the negotiations for the easements, drafting additional language and the need for additional survey work. He explained the items the City will agree to and the potential costs associated with them. Discussion ensued and included: concerns over these repairs needing to be completed prior to the next hurricane season; whether the project should be moved down the street to the neighbor to either side of these properties and how moving the project to another location would necessitate re-engineering and re -permitting the project, acquiring new easements and including a substantial increase in the costs; an estimated time to acquire the easements, which was within two weeks; the major issues include a sewer line that is not within the easement as previously granted; whether there is an established Homeowners Association, to which a negative response was received; and that there are deed restrictions for the properties. During the discussion, Mr. Morgan requested Mr. Greene privately brief him on all the issues surrounding this project. Asked for a status report on the solar lights along Ridgewood Avenue, as he has heard of conflicts with property owners. Mr. Greene indicated he is only aware of one property where a conflict exists and that property owner is Mr. Pindziak. Discussion ensued and included: the relocation of certain FPL Poles for completion of the east sidewalk; that people are still riding their bikes in the road; that Florida allows bikes to be in the road way; that any solar lights which conflict with a property owner would be relocated; that shortcuts on the surveying and project monitoring have caused many issues; that Staff should have been out in front of some of these problems; in the future, the Council should take another look at the parking in the right-of-way issues; whether signage is needed indicating no pedestrians in roadway; the Florida Law requiring three feet be kept when passing a bicycle; whether the City is liable for anyone who is hurt; that the roadway does not meet the City's ordinance for a.24 feet travel lane; and the location of lights in relation to the East 1 West streets. During the discussion, Mayor Pro -Tem Hoog requested a legal opinion from the. City Attorney as to liability for the constrained roadway in relation to the law requiring three feet separation when a vehicle is passing a bicycle. Mayor Pro Tem Hooch noted a discussion that occurred at the Space Coast League of Cities meeting in, relation to the person who is taking the money at the door. Mrs. Walsh indicated it was her understanding that the host City is to provide a person to collect the money when people check in. Mrs. Walsh indicated she will check into this. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:08 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0119812011 Item No. o� Subject: Approve Change Order No. 5 to Brewer Paving & Development, Inc., in the Amount of $58,194.49 for Field Adjustments for the Ridgewood Avenue Improvements Project. Department: Public Works Summary: Numerous field adjustments have been identified/made. Among these are the following: • Demolition of the brick wall at the southeastern corner of Lincoln/Ridgewood Avenues and the construction of a new poured concrete wall and other improvements; • Demolition of the asphalt parking lot at Casa Del Mar Condominium, grading and construction of a new asphalt parking lot to match the grade for the pedway; and • Additional surveying at the request of the milling/paving company (i.e., providing surveying information every 50 feet along the roadway prior to milling activities). A detailed breakdown of the charges for field adjustments required is included as Attachment #1. The Project budget summary is as follows: Funds appropriated as available for project: $2,372,741 Project costs to date include: All FY2009/10 expenditures, FY2010/11 Purchase Orders issued and Change Order #5 $2,190,937 Project Contingency $ 181,804 Submitting Department Head: Walter Bandish �� Date: 01/06/11 Attachment(s): #1 - Ridgewood Project Tracking Financial Impact: Funds are available from the City's General Fund (001-017-901- 630100). Reviewed by City Treasurer: Andrea Bowers Date: 1 !! 1( The City Manager recommends that City Council take a following action(s): Approve Change Order No. 5 to Brewer Paving & Development, Inc., in the Amount of $58,194.49 for Field Adjustments for the Ridgewood Avenue Improvements Project. Approved by City Manager: David L. Greene 0-y—L Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Ridgewood Project Wracking Ridgewood Project Tracking Request for Additional Survey Work per SSA Additional Survey Work Needed - Estimated 1 I LS $ 7,415.00 $ 7,415.00 Subtotal $ 7,495.00 Additional Drivewa s - Not Shown on Plans Removal of Ex Concrete - 7925 34 SY $ 5.00 $ 170.00 6" Concrete for Driveways - 7925 34 SY $ 28.00 $ 952.00 Removal of Ex Concrete - 7923 37 SY $ 5.00 $ 185.00 6" Concrete for Driveways - 7923 37 SY $ 28.00 $ 1,036.00 Removal of Ex Concrete - 7921 28 SY $ 5.00 $ 140.00 6" Concrete for Driveways - 7921 28 SY $ 28.00 $ 784.00 Removal of Ex Concrete - Jackson & Harrison West Side 27 SY $ 5.00 $ 135.00 6" Concrete for Driveways - Jackson & Harrison West Side 27 SY $ 28.00 $ 756.00 Subtotal 1 $ 4,158.00 Additional Roadway Work at NW Corner of Monroe - Existing had negative flow Removal of Asphalt 9 SY $ 5.00 $ 45.00 8" Stabilized Subgrade 9 SY $ 3.38 $ 30.42 6" Base Course 9 SY $ 9.00 $ 81.00 Asphalt 1 TN $ 90.00 $ 90.00 Subtotall i $ 246.42 Removed Asphalt No Parking Areas at Mor an Manor, Placed dirt and Graded Removal of Asphalt 1 110 ISY $ 5.00 $ 550.00 Install Fill Dirt for Gradin (2" - 4") 110 ISY $ 4.00 $ 440.00 Grading of Area 110 ISY $ 2.75 $ 302.50 Subtotal $ 1,292.50 Extra Concrete Driveway -)rill Green Areas Between Harrison & Tyler Concrete Driveway Turnout 19 SY $ 28.00 $ 532.00 Credit for t=ill at Green Areas -3 CY $ 2.00 $ (6.00) Subtotal $ 526.00 4' Asphalt Strip Q NW Corner of Harrison from Driveway Tie -In to Li ht Pole (4' x 62') Excavate for Subgrade 28 SY $ 2.75 $ 77.00 8" Stabilized Subgrade 28 SY $ 3.38 $ 94.64 6" Base Course 28 SY $ 9.00 $ 252.00 Asphalt 2.5 TN $ 90.00 $ 225.00 Subtotal $ 648.64 Install Yard Drain & Pipin Install Yard Drain & Piping 2 1 EA $ 750.00 $ 1,500.00 Subtotal $ 1,500.00 Relocate Trees Relocate Trees 1 5 1 EA $ 150.00 $ 750.00 Subtotal I is 750.00 Remove Sidewalk Panels for Sidewalk Tie -Ins Remove Sidewalk - Buchanan 6 SY $ 5.00 $ 30.00 Replace Sidewalk - Buchanan 6 SY $ 28.00 $ 168.00 Remove Sidewalk - Lincoln 3 SY $ 5.00 $ 15.00 Replace Sidewalk - Lincoln 3 SY $ 28.00 $ 84.00 Remove Sidewalk - Pierce 4 SY $ 5.00 $ 20.00 Replace Sidewalk - Pierce 4 SY $ 28.00 $ 112.00 Subtotal $ 429.00 Costa Del Mar Maintenance of Traffic 1 1.00 1 LS $ 250.00 $ 250.00 Excavation & Embankment 1.00 L5 $ 750.00 $ 750.00 Remove E=xisting Asphalt & Base 271.00 SY $ 5.00 $ 1,355.00 Finish Grading 1.00 LS $ . 500.00 $ 500.00 8" Stabilized Subgrade 271.00 SY $ 3.38 $ 915.98 6" Base Rock 271.00 SY $ 9.00 $ 2,439.00 Prime 271.00 SY $ 0.45 $ 121.95 1 112" SP 9.5 Asphalt 25.00 TN $ 105.00 $ 2,625.00 Striping 1.00 1 LS $ 900.00 $ 900.00 Subtotal $ 9,856.93 6920 Ridgewood Avenue Remove Existing Concrete Block Wall 205.00 LF $ 25.00 $ 5,125.00 Install New Concrete Block Wall 169.00 LF $ 80.00 $ 13,520.00 Additional 4" Thick Concrete Sidewalk 10.00 SY $ 23.50 $ 235.00 Finish Grading of Property 1.00 LS $ 1,500.00 $ 11500.00 Sodding of Disturbed Yard - 5' Wide - No irrigation 94.00 1 SY $ 3.00 $ 282.00 Subtotal $ 20,662.00 Irrigation Washington to Monroe Avenues/Cherie Down Residents 1.00 LS $ 2,625.00 $ 2,625.00 Landscape Additions (09125110) 1.00 LS'$ 5,722.50 $ 5,722.50 Irrigation Addltlons to Taylor Avenue 1.00 Is $ 2,362.50 $ 2,362.50 Subtotal $ 10,710.00 Total Extras To-Date $ 58,194.49 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/18/2011 Item No.. Subject: Accept Library Board Annual Report and approve recommendations for Capital Expansion Fund Expenditures Department: Parks and Recreation Summary: City Code Section 46-32, The Library Board, requires the Board to make a report to the City Council. Although the report is required to be made on or before the second Monday in June, it was not made at that time. It is the desire of the Library Board to make the 2010 report and make recommendations for the use of the $249,284.30 (figures as of Sept 22, 2010) which is available in the Capital Expansion Fund. The Board Report and Recommendations for use of the Capital Expansion funds are attached for your approval. Ms. Joanna Atwood, Chairperson, will attend the meeting to answer any questions City Council may have. Submitted by: Angela Apperson on behalf of the Library Board Date: 1110111 Attachment(s): 1. The 2010 Library Board Report 2. Recommendations for Capital Expansion Fund Expenditures. 3. Page 144 from the Florida Uniform Chart of Accounts Financial Impact: The moneys are available in the Capital Expansion Fund. Based upon the Florida Uniform Chart of Accounts, the purchase of books for a library is considered a capital purchase. I understand these purchases will expand the level of services available for our present and future citizens./-,Ajb purchases will remain the property of the City. Reviewed by City Treasurer: Andrea Bowers Date: 111'1111 The City Manager recommends that City Council take the following action(s): 1. Accept the Library Board Report 2. Approve the purchases from Capital Expansion Fund in the amount of $49,338.79 Approved by City Manager: David L. Greene �`�' Date: 1111111 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 At the time of packet publication, the report has not been received. Once received, it will be forwarded to City Council. a tiD �o c _o L 0 +� a0 cQ O . w c *o 4- � " =sa ra 4-1 @ a M M C L = a..� -0 o 4Z W u C y m 'L w U U a I cn LL aJ s c�9 T c O O Uro m j 0 0 a 0 N O a c v 3 a .w 3 U c U O o a °i o c o Om U c o -0 dao= a n c� U 4-- 0 a v a L 0 a 0 �O M c a � c > c� a c Ln U a -a Q, c U � o 41o C.J� +tea E t ,0 3 0 �• W ,? o E o 0 � Cr U a a O a o a 3 a c M u dU Fa- vai 0 � T o 7 coc 0 0.— -0 m Cl) cu c O .` = 1p 0 4- CES �4? 0 U E Q' O (nE5 x — O o L (D O E O O U Cl) x 0 0 000 0m�o u c 6g •� c4 0 ci C U.0 U CU p C C O X ._ 7 O Co N'L Vi o •a U, 'a a� D UcucN N (D A CJ N N ..LQ •a C 7 L Xcu N M m O C Li. -0 � O --� cn U o �A LEL W N = E [- 0 3 ._ M T co T N r r T r 0 Il� 1-L N I� r` I` 00 0 0 0 0 C> o T O r r O r O r O C) M d- u" LO UM) UM) LO Q O r r r T p N d LO N Usk c c c U U E Z U U) CO �a>U)U) Oofl U) a T a s IT 0 0 M 0 0 CD d. .CD ; C) rnooco00w 0cvc%j o ti O 6 O 00 O 6 O 6 16 M 06 19f M C7 00 I` It O ti T I~ 00 a CDcoa0MC)M aornh r M` N I1 r N N CO L -If L M C (09• — VD- £01, (03 EJB). t{} M 6F} {�} b} Q) . j 0 0 Oo U � � c o o 0 0 C V LL G7 ; Z Q O M o p V N °� O m �.. m �J '• V1 ' O Z V` :sem.. °fix c4 Obi (� a) a) D3 `" :.O_- o.0 O o2 2 o`Q O; a C� N E CZ N E�—�( SJ C O Q a O I C O .. ` to : O O L O •O 'O L L N C' p 7+ O;J uy ; J J C; o > c c W Q : co f4 (� (U L {G : N 0 ❑ x�❑��oPco x�w X:o W r N Cl) It LO CD I` LLI ` 00 O? LLi 0 � T o 7 coc 0 0.— -0 m Cl) cu c O .` = 1p 0 4- CES �4? 0 U E Q' O (nE5 x — O o L (D O E O O U Cl) x 0 0 000 0m�o u c 6g •� c4 0 ci C U.0 U CU p C C O X ._ 7 O Co N'L Vi o •a U, 'a a� D UcucN N (D A CJ N N ..LQ •a C 7 L Xcu N M m O C Li. -0 � O --� cn U o �A LEL W N = E [- 0 3 ._ WORLD BOOK PRICE QUOTE October 25, 2010 Agenda ITEM #- Request # I World Book publishes more than just encyclopedias. They also publish juvenile non-fiction sets on topics CAPE CANAVERAL PUBLIC LIBRARY that kids need for school and for self interest. They ATTN: Jenny Morrison, Director offer a substantial discount. 201 Polk Avenue, Cape Canaveral, FL 32920 PH: 321-868-1101; FAX: 321-868-1103 Email: jmorrison@brev.org Item # Qty Description Vol Regular Price *Special Savings Total 60126 1 Animals of the World, Sets 1-6 12 $939.00 $267.80 $671.20 20251 1 Explore the Solar System 2010 10 $259.00 $72.60 $186.40 20252 1 Explore the Universe 2010 10 $259.00 $72.60 $186.40 20255 1 Encyclopedia of People & Places 2011 7 $349.00 $101.80 $247.20 20223 1 Living Green 2009 9 $219.00 $59.80 $159.20 20222 1 Early Peoples 2009 16 $399.00 $111.80 $287.20 40060 1 Library of Natural Disasters 2009 15 $329.00 $97.80 $231.20 20224 1 World Book of America's Presidents 2009 2 $99.00 $27.80 $71.20 TOTAL REGULAR PRICE $2,852.00 TOTAL SAVINGS $ 812.00 TOTAL ORDER = $2,040.00 Special prices good through 12-10-10 * Regular print price must total $750.00 to get the special discounts. FREE SHIPPING & HANDLING! Jacquie Farley, Sales Representative MAIL OR FAX ORDERS TO: P.O. Box 7667, Jupiter, FL 33468-7667 PH: 1-888-575-2900; FAX: 1-888-748-0457 WORLD Cell Phone: 1-312-316-1759 BOOK Email: World BkSL[Q7aol.com - - - - ORDER SUMMARY - - -- - CUSTOMER NAME: CUSTOMER NUMBER: ORDER NUMBER: PO NUMBER: ORDER SUBTOTAL: PROCESSING TOTAL: AR CHARGES: FREE SHIPPING: ORDER TOTAL: NUMBER TITLES: NUMBER BOOKS: CAPE CANAVERAL PUBLIC LIBRARY Agenda ITEM # 2009248 Request #2 Davidson Titles is a vendor who offers a 3255 comprehensive catalog of small press titles. They offer authoritative juvenile non-fiction books and series. Davidson is one stop shopping allowing a look at comparable products in one sitting. $17,635.91 $0.00 $0.00 $0.00 $17,635.91 774 774 - PRICES, PROCESSING & SHIPPING CHARGES ARE SUBJECT TO CHANGE. - ORDER FORM DAVIDSON TITLES, INC. Customer#:2009248 POST OFFICE BOX 3538 Date:11/05/2010 JACKSON, TENNESSEE 38303-3538 PO#: TOLL FREE 1-800-433-3903 Salesperson:JOHN CURRI FAX 1-800-787-7935 www.davidsontitles.com Bill to: ship to: aPE CANAVERAL PUBLIC LIBRARY CAPE CANAVERAL PUBLIC LIBRARY TENNY MORRISON JUV/ YA ORDER ?01 POLK AVE 201 POLK AVE .APE CANAVERAL, FL 32920 CAPE CANAVERAL, FL 32920 Shipped Via: BEST WAY QTY ITEM# Title PRICE Amount 1 AD5454 WHO ARE THESE PEOPLE(ESS. HEALTH:GUY'S) 22.95 22.95 1 BA6885 WHY ARE THE RAIN FORESTS BEING DESTROYED 23.95 23.95 1 BA6892 WHY DO PEOPLE MAKE AND SELL DRUGS?(GLOBA 23.95 23.95 1 CF484X WILLIAM SHAKESPEARE(HOW TO WRITE ABTLITE 45.00 45.00 1 RF0807 WIND POWER(COMPACT RESEARCH:ENERGY & THE 25.95 25.95 1 CF7804 WIND POWER(ENERGY TODAY) 30.00 30.00 1 GS1337 WIND POWER(WORLD OF ENERGY) 23.95 23.95 1 RW7689 WINTER'S TALE(GRAPHIC SHAKESPEARE) 19.95 19.95 1 RP56BY WINTER(SEASONS) 15.95 15.95 1 WE0458 WINTER(SEASONS) /NYP 17.99 17.99 1 BA2620 WINTER(THINKING ABOUT THE SEASONS) 19.95 1.9.95 1 RP901X WITCHES & WARLOCKS(DARK SIDE) 18.95 18.95 1 GS0316 WOLVES(AMAZING ANIMALS) 21.00 21.00 1 WE0050 WOLVES(BACKYARD ANIMALS) 17.11 17.1.1 1 GH9045 WOMEN IN ISLAM(AT ISSUE) 25.44 25.44 1 GH2700 WOMEN'S ISSUES IN ALICE WALKER'S THE/NYP 30.76 30.76 1 GH8988 WOMEN'S ISSUES IN AMY TAN'S(SOCIAL ISSUE 30.76 30.76 1 GH262Y WOMEN'S ISSUES IN NATHANIEL HAW(SOCI 30.76 30.76 1 GH486X WOMEN'S RIGHTS(INTRODUCING ISSUES W/OPV 28.60 28.60 1 AD5270 WOMEN'S ROLES IN RELIGION(ESSENTIAL VIEW 22.95 22.95 1 RP672X WOMEN'S SUFFRAGE(DOCUMENTING HISTORY) 19.95 19.95 1 AU0701 WOOD(MATERIALS THAT MATTER) 19.9.5 19.95 1 RPK715 WORDS THAT CHANGED THE WORLD(4V) 0.00 0.00 1 CAK511 WORKING DOGS (6V) 0.00 0.00 1 AD5362 WORKS OF STEPHEN KING(ESSENTIAL CRIT 22.95 22.95 1 BAK229 WORLD COMMODITIES (6V) 0.00 0.00 1 RP673X WORLD WAR I(DOCUMENTING HISTORY) 19.95 19.95 1 RP7000 WORMS(CREEPY CRAWLIES) 15.95 15.95 1 LR7040 WOUNDED BRAINS(POWERFUL MEDICINE) 22.34 22.34 1 RT407X WRITING A SCREENPLAY(CULTURE IN ACTION) 21.75 21.75 1 CW5343 YANKEE DOODLE(CHILDREN'S FAVORITE POEMS 14.95 14.95 1 GS1133 ZEBRAS(AMAZING ANIMALS) 21.00 21.00 Subtotal. $ 17, 635.91. special Ins-uruction: 3255 Page# 20 Random House Inc. 400 Hahn Road Westminster, MD 21157 Agenda ITEM # Request # 3 & 4 We have reviewed several vendors audio book (books on cd) plans and Random House offers the best price for the best selection of authors and titles, The Standard ADULT Plan offers 72 titles with a 200r discount. The Listening Library JUVENILE plan offers 60 titles per year with a 20% discount. Cape Canaveral staff will select the titles. Quote for Audio Book Standing Order Plan For: Ship to and Bill to: Cape Canaveral Public Library 201 Park Avenue Cape Canaveral, FL 32920 Standard Plan with 25% Discount 24 Titles Per Season, 3 buying seasons (average season cost) $ 696.00 72 Titles Per Year (average yearly cost) $2,088.00 Listening Library Select SOP, 20% Discount 5 Titles per month (Customer will select) 60 Titles Per Year (average yearly cost) $1.,600.00 Customer will select titles 3 times per year Spring (January -April) ordering deadline January 15th Summer (May -August) ordering deadline May 15th Fall September -December) ordering deadline December 15th Catalogs are mailed 2-3 months prior to each season. Replacement cost for lost or damaged CD's is $6.00 each. Darryl Laird Random House BooksOnTape Agenda ITEM # Request # 5 Center Point Large Print offers Large Print editions of popular authors. The cheapest way to buy them is CENTER POINT to agree to purchase 100 books per year and receive a 40% discount and shipping is free. Large Print Presses have exclusive rights to publish 11/4/2010 the titles and authors they have in their catalog. Copies of these books are available from a 3rd party vendor, but at a higher price. Quote for Cape Canaveral Public Library 2010--2011 Pricing Standing Order Plans Platinum Fiction Platinum Mystery Platinum Romance Platinum Nonfiction $524.88 Annual $524.88 Annual $524.88 Annual $496.00 Annual $2070.64 Total Annual Cost (POO) 920-9108 • fax; (207) 568-3727 • P.O. Box 1 • Thorndlke, ME 04986 • centerpolntlargeprint.com Agenda ITEM # Request # 6 Gale/ Thorndike is another publisher of Large Print Editions. This discounted plan gives us 160 titles published at the same time as the regular print title is published. Very popular authors and important Series: SIM PUB CLUB DELUXE titles are published simultaneously with the regular print titles. PLAN #: T123 Frequency: Shipped as soon as they are available Binding: Library binding hardcover # Titles: # of titles per shipment will vary Cover: Laminated Price: About $3,945 a year Size: 5 1/z x S 1/2 • Receive copies of current Large Print bestsellers automatically. • 20% discount, plus FREE shipping and handling. • Approximately 160 Large Print bestsellers per year published simultaneously with the regular print editions. Purchase your extra copies of current bestsellers in Large Print.,�.l �9 Receive Large Print bestsellers that are released simultaneously with regular print editions at a 25% discount plus FREE shipping & handling! Because we know that Large Print readers want to read what everyone else is reading, we are offering you the opportunity to join our SIM PUB CLUB. Instead of ordering all your copies of current bestsellers in regular print format, consider purchasing some of those extra copies in Large Print so that everyone can enjoy them. If your library is currently enrolled in at least two of the following plans: Basic, Core or Wheeler Hardcover, then you qualify to receive multiple copies of all our simultaneous publications automatically. Each year, Thorndike Press will publish approximately 105-120 Large Print bestselling titles simultaneously with the publishers' standard print editions. Now, even more Simultaneous Publications. The Sim Pub Club Deluxe has the same great bestsellers and bestselling authors, but will also include our Christian titles that are being published simultaneously with the standard print edition. Think about how many extra copies of current bestsellers you need and sign your library up for that many clubs. For example: If you need 2 additional copies of each simultaneous publication, then you should sign your library up for 2 Sim Pub Clubs. We guarantee you will be 100% satisfied. Library processing is available upon request. Ship dates and standing order plan pub dates may change. New titles may be added as they are acquired. Simultaneous Publications available in this catalog. future dates are tentative For upcoming situ pubs visit http://thorndike.ga-le.Com. and may change. 3 JOHN le CARRE OUR ICING X OF TRAITOR Ordering and Product Information: Tel 1-800-223-1244, Ext. 4 • Fax 1-800-558-4676 NG E-mail orders to: printorders@gale.cengage.com • Order on-line: http://thorndike.gale.com Baker & Taylor is the world's largest distributor of physical and digital books, video and music products to public libraries around the world. Baker & Taylor is the preferred vendor of Cape Canaveral Library. The discounts vary by product but offer a consistent value. The ordering system is staff time efficient. Ordering from one vendor prevents unintentional duplicate orders. Serving Library& school Professionals Since 19DS DEMCO November 9, 2010 Reference Number: T0204184 Quotation Number: B07047/REVISED(2) Please refer to this number on Purchase Orders for these items. JENNY MORRISON CAPE CANAVERAL PUBLIC LIBRARY BREVARD CNTY LIBRARY SYSTEM 201 POLK AVE CAPE CANAVERAL FL 32920-3009 Dear Jenny: Thank you for selecting DEMCO for your sch, We are pleased to submit the following quo /� f Agenda ITEM # - Request # 8 Demco was the lowest of the 3 quotes obtained for expanding library shelving. At the top of this page, the shelving will be used in the youth services area to house the expanding collection of juvenile dvds. At the bottom of the page, the shelving will be used to showcase the expanded new book, dvd, & audio book collections. Qty Item Descrii2tion Unit Ext Price 2 14996290 Texwood Deluxe Book Store 58 $ 891.00 $ 1,782.00 Shelving DF Starter Veneer Bk 4 14996300 Texwood Deluxe Book Store 58 $ 718.00 $ 2,872.00 Shelving DF Add On Veneer Bk 2 17603890 Texwood End -of -range Shelvin $ 328.00 $ 656.00 42"H X 20"W X 1817D BACK COLOR: MATCHING WOOD FINISH WOOD FINISH: LIGHT OAK Subtotal: $5,310.00 Shipping Charges: $ 505.00 Total: $5,815.00 Estimated Delivery: 6-8 WEEKS ARO FOS: SHIPPING POINT, PREPAY & ADD Payment Terms: NET, 30 DAYS THE SHIPPING CHARGES QUOTED INCLUDE INSIDE (GROUND FLOOR/IST BUSINESS DOOR) DELIVERY TO ONE LOCATION IN ,ZIP CODE 32920. THE DELIVERY SITE IS NOT EQUIPPED WITH A LOADING DOCK, LIFTGATE TRUCK WILL BE PROVIDED. YOUR ORGANIZATION/STAFF WILL BE RESPONSIBLE FOR ASSISTING THE DRIVER WITH UNLOADING AND TAKING THE MERCHANDISE INSIDE. PLEASE PROVIDE A CONTACT NAME AND PHONE NUMBER SO THAT THE FREIGHT CARRIER MAY CONTACT YOU 24 HOURS PRIOR TO DELIVERY. ALL ORDERS ARE SUBJECT TO ACCOUNTING APPROVAL. A SIGNED HARD COPY PURCHASE ORDER WILL BE REQUIRED TO PLACE A SALES ORDER. 2010 FL LSV 0526_0527.gxp:FL_Furniture.gxp 10/28/09 12:4 M Page 527 End -of -range Display with Mayan Gold painted back Texwood' American Wood End -of -range Displays • Constructed from durable multi -ply veneer core panels with oak veneer Place these space -efficient units at the end of Shelving rows, or in small spaces to highlight popular books or create seasonal displays. End -of -range shelving increases book storage capacity and is available in 2 heights: 42'H and 60"H. 7%'D sloping shelves adjust in 1 Ya' increments to fit a variety of book sizes. End -of -range display features cascading display pockets that hold 10-15 books face -out per pocket. M TX. f-. WL Lbs. 1 Ea. 3+ Ea. 1 fixed, 3 adjustable shelves 42"x24'xT8' 60,0 $459.99 $424.99 P17"390 End -of -range Shelving, 1 fixed, 5 adjustable shelves 60"x24"x18' 82.0 654.99 609.99 P17"391 End -of -range Display, 5 pockets 42"x24"48" 86.0 574.99 534.99 Specify back color. Matching woodgrain or painted backs, see below. Specify wood finish, see below. Wood finishes: Painted back colors: MENEM ! .1t ENNEN Light Oak Medium Oak Dark Oak Cherry on Mahogany Tuscan Sand Mayan Gold Desert Tan Pale lade Denim Sprue Navy Dusk Misty Gray Oak on Oak Texwood' American Wood Bookstore Shelving • Multi -ply lumber core construction with veneer surfaces • Shelf capacity of 150 lbs. The end is just the beginning for exciting displays. Showcase books with open -top design and tilted shelves. Beautifully finished oak units match the quality and construction of Texwood library shelving shown on pp. 516-517. Units come with choice of -W-Blick veneer plywood back in matching wood finishes, or painted hardboard. 58"H units have 5 shelves per side, 82"H units have 7 shelves per side. Shelves are 8'D and adjust in 1' increments. Sign holders accommodate your signage. Matching end -of -range displays sold above. 04 TX. Al - Shelving with Painted Center Back Panel wt Product No. Description HxWxD Lbs. 1 Ea. 3+ Ea. P149-9623 Single -faced Starter 58'x36'x20' 130.0 $689.99 $669.99 P749.9624 Single -faced Add-on 58'x36'x20' 130.0 519.99 504.99 P149-9621 Single -faced Starter 82"x36'xl6" 196.0 819.99 794.99 P Single -faced Add-on 82'x36'x16' 196.0 629.99 609.99 Double-faced Starter 58 -x36 -x36- 215.0 1,099.99 1,064.99 WP1149 Double faced Add on 58'x36"x36" 215.0 859.99 834.99 d finish, see above. Specify painted back color, see above. Shelving with Veneer Center Back Panel WL Product No. Description HXWxD Lbs. 1 Ea. 3+ Ea. P149-9627 Single -faced Starter 58'x36'x20' 132.0 $774.99 $749.99 P149-9628 Single -faced Add -On 58'x36'x20' 115.0 604.99 584.99 P149-9631 Single -faced Starter 82'x36'x16' 213.0 924.99 899.99 P149.9632 Single -faced Add -On 82'x36'xl6' 198.0 709.99 689.99 P149-9629 Double-faced Starter 58"06406" 211.0 1,269.99 1,229.99 P149-9630 Double-faced Add-on 58'06'06' 196.6 1,024.99 994.99 Specify wood finish, see above. Sign Holders: For FH x 20"W custom signs, see p. 781. WL Product No. Description Lbs. 1 Ea. 3+ Ea. P14"%S Double -sided Sign Holder 4.0 561.99 557.99 P14&0966 Single -sided Sign Holder 3.0 52.99 49.99 Specify wood finish, see above. M0 Q Ln of 'C V1 rtt C N G t7 527 Al Agenda ITEM # 'A Request # 9 Each company that makes library shelving is unique. W Shelving from one company cannot be used with another. Our shelving is Estey steel shelving and it is LIBRARY INTERIORS O offered through Library Interiors of Florida. The shelving on this page will be used to house the 7345 West Sand Lake Road, Suite 217 r Orlando, F] expanding paperback collection and the shelving on Quotation the next page will house the expanded juvenile music collection in the youth services area. Date: October 21, 2010 Customer: Brevard County Libraries Attn. Jennifer Morrison Project: Cape Canaveral Public Library For: Estey Steel Library Shelving Item I Qty I Catalog # I Item Description Unit Net Price I Total Net Price Finish: Champage Putty E-1 60 VC53607A 7" deep x 36" wide sloped video cassette shelf $ 54.60 $ 3,276.00 E-2 2 XHDBRB3611A 36" wide x 11" deep pull out browser box with dividers $ 348.60 $ 697.20 Total Net I $ 3,973.20 All pricing is NET F.O.B. INSIDE DELIVERED per Florida State Contract 420-590-07-1 "Library Furniture". Submitted By: Jeffrey A. Sienkiewicz Library Interiors of Florida, Incl Orlando Page 1 of 1 Estey Quote 082410.x1s 10/25/10 ✓M eA aQg "1 jZj � •: .�<,r�ue°S�1 __'; I'-IQM1� 'i_Z ft�l Y�4� ll l�AI mgoilpif ✓M eA aQg jZj � •: .�<,r�ue°S�1 __'; I'-IQM1� 'i_Z ft�l Y�4� ll l�AI mgoilpif UouDie ler 'BCOWSID9 BOX s DELL Agenda ITEM # Request # 10 Dell Computers is on the state contract and quoted the educational discount. County Information Technology staff requested the quote. The specifications are the same as the computers the County is buying for libraries. `these computers will become G property once they arrive at the library, connected to county networks and bemaina>n t ' ed i, Page 1 of 4 QUOTATION QUOTE #: 566581705 stomer #: 1955385 ontract #: 25AAQ Dement #: 250-040-08-01 cote Date: 1216110 ier Name. CITY OF CAPE CANAVERAL 00M � Cca nay QUANTITY: 6 Product Subtotal: $5,171.04 Base Unit: Tax: $0.00 OptiPlex 780, Core 2 Duo E7500 with VT12.93GHz,3M,1066FSB (317-2466) Memory: Shipping & Handling: $0.00 Dell USB Entry Keyboard, No Hot Keys, No Palmrest, English, OptiPlex (330-1987) Monitor: Shipping Method: Ground Total Number of System Groups; 1 GROUP: 1 QUANTITY: 6 SYSTEM PRICE: $861.84 GROUP TOTAL: $5,171.04 Base Unit: OptlPlex 780 Desktop Base,Standard PSU (224-6874) Processor: OptiPlex 780, Core 2 Duo E7500 with VT12.93GHz,3M,1066FSB (317-2466) Memory: 4GB,Non-ECC,1333MHz DDR3,2X2GB,Deil OptiPlex 580 (317-3555) Keyboard: Dell USB Entry Keyboard, No Hot Keys, No Palmrest, English, OptiPlex (330-1987) Monitor: DELL E1909WDD 19 Inch Widescreen Flat Panel,Dlsplay Port Conn ection,OptiPlex Workstation and Lati (320-7366) Video Card: Integrated VIdeo,GMA 4500, Dell Opt!Plex 760,960 and 980 (320-7447) Hard Drive: 250GB SATA 3.0Gb1s and 8MB Data Burst Cache, Dell OptiPlex 7801580 (341-9793) Operating System: Windows 7 Professional, Media, 64-bit, Optiplex, English (421-1483) https:llkmail.brev.org/webmaillmailAttachIQuote_566581705.htrnl?part=0.1 &folder=%7E... 12/7/2010 Page 2 of 4 Operating System: Windows 7 Label, Optiplex, Fixed Precision, Vostro Desktop (330-6228) Mouse: Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330-9458) NIC: No Systems Management MEBX Firmware Removed, Dell 0ptIPlex 780 (330-5810) TBU: No RAID, Dell OptiPlex (341-8036) CD-ROM or DVD -ROM Drive: No Optical Device,Enhanced Filler Panel,OptiPlex Desktop (313-4666) Sound Card: Heat Sink, Mainstream, Dell Optiplex Desktop (311-9521) Speakers: No Speaker, OptiPlex (313-4825) Cable: OptiPlex 780 Desktop Standard Power Supply (330-5719) Cable: Dell Control Point for OptiPlex 780 (420-3276) Cable: Enable Low Power Made for EUP Compliance,Dell OptiPlex (330-7422) Documentation Diskette: Documentation,Engiish,Dell OptiPlex (330-1710) Documentation Diskette: Power Cord,125V,2M,C13,DeIIOptiPlex (330-1711) Factory Installed Software: Dell Energy Smart Power Management Settings Enabled Optiplex (3304817) Feature Resource DVD contains Diagnostics and Drivers for Dell OptiPlex 780 (313-8542) Service: Dell Hardware Limited Warranty Plus Onsite Service Extended Year(s) (9054578) https://krnail.brev.org/webmail/maitAttacb/Quote 566581705.htm1?part=0.1&folder=%7E... MINN Page 3 of 4 Service: Dell Hardware Limited Warranty Plus Onsite Service Initial Year (906-3157) Service: Thank you choosing Dell ProSupport For tech support, visit http://support.dall.com/ProSupport or call 1-866-5 (989-3449) Service: ProSupport: Next Business Day Parts and Labor Onsite Response 2 Year Extended (905-3302) Service: ProSupport: Next Business Day Parts and Labor Onsite Response Initial Year (906-0870) Service: ProSupport: 7x24 Technical Support, 2 Year Extended (984-0002) Service: ProSupport: 7x24 Technical Support, Initial (984-6640) Misc: No Quick Reference Guide,Dell OptiPlex (310-9444) Misc: Shipping Material for System, Desktop, Dell OptiPlex (330-5944) SALES REP: PJ Joubert PHONE: 1-800-234-9999 Email Address: pjjoubert@dell.com Phone Ext: 7231924 Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.comltato (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale -Direct including Dell's U.S. Return Policy, at www.dell.comlreturnpoli yAtotal. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.comlaartner, If your order includes services, visit www.dell.com/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on https://kmail.brev.org/webmail/mailAttach/Quote_566581705.html?part=0.1 &folder=0WE... 12/7/2010 Page 4 of 4 "Bill To" address. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, with seller listed as Del! Marketing LY, to Dell's Tax Department at 800-433-9023. Please include your Customer Number. For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com/assetrecovery. https:llkmail.brev.org/WebmaillmailAitachIQuote 566581705.html?part=0.1&folder=%7E... 12/7/2010 60 CAPITAL OUTLAY Includes 61 through 67 Outlays for the acquisition of or addition to fixed assets. 61 LAND Land acquisition cost, easements and right-of-way. 62 BUILDINGS 63 64 65 T66IC) 67 68 Office buildings, firehouses, garages, jails, zoos, and parks and recreational buildings. INFRASTRUCTURE Structures and facilities other than buildings such as roads, bridges, curbs, gutters, docks, wharves, fences, landscaping, lighting systems, parking areas, storm drains, athletic fields, etc. MACHINERY AND EQUIPMENT Includes motor vehicles, heavy equipment - transportation, other heavy equipment, office furniture and equipment, and other machinery and equipment. Also includes court recording, duplicating, and transcribing equipment. CONSTRUCTION IN PROGRESS Used to account for undistributed work in progress on construction projects. BOOKS, PUBLICATIONS, AND LIBRARY MATERIALS Includes all books, publications, and other media, regardless of value, when purchased for use by libraries, educational institutions, and other institutions or facilities. WORKS OF ART / COLLECTIONS Works of art, historical treasures, etc. that (1) are held for the benefit of the public, education or research, rather than for financial gain, (2) are protected, unencumbered, cared for and preserved, and (3) are subject to an organizational policy regarding the proceeds from the sale of the items and acquisition of other collection items. INTANGIBLE ASSETS Per GASB Statement #51 Code introduced in 2009 (FY08-09) As of 1/11/2010 144 City of Cape Canaveral City Council Agenda Form City Council Meet'ng Date: 1/18/2011 Item No. Subject: Discussion of City Code Section 110-486 - Resort Dwellings, Resort Condominiums; Non -Conforming Use Status and Expiration. Department: Legislative Summary: This Subject was discussed at the October 19, 2010 City Council Meeting. The Agenda Form and Attachments are included for your reference. As noted in the Meeting Minutes, no action was taken, nor any consensus reached. The Mayor asks that City Council Members discuss this matter and take an official position. Submitting Council Member: Mayor Rocky Randels Date: 12/14/2010 Attachments: Mayor's correspondence dated 12114110; City Council Agenda Form - 1011912010 with Attachments; City Council Meeting Minutes from 10/19/2010 Financial Impact: Should the Ordinance be modified to allow additional units, the City would receive application fees, permit fees, and annual inspection fees. Brevard County would receive all properly submitted resort taxes. Long-term economio impact is difficult to predict. Property values could be affected. Reviewed by City Treasurer: Andrea Bowers Date: 1111111 The City Manager recommends that City Council take the following action(s): Discuss and direct Staff as to City Council wishes with respect to Resort Dwellings. Approved by City Manager: David L. Greene t`i`p- Date: 1111111 City Council Action: [ ] Approved as Recommended j ] Disapproved ] Approved with Modifications [ ] Tabled to Time Certain ................. . 6� C_ >AO) C:) J C�-�104V 6� 0---, 0--- 6 ir cy- `�- 4 � (mac-�(� �- � i✓ � � City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. Subject: Discussion of City Code Section 110-186 - Resort Dwellings, Resort Condominiums; Non -Conforming Use Status, and Expiration. Department: Community Development Summary: Mayor Randels requested a discussion item related to resort dwellings and resort condominiums in the City in response to e-mails he received from an owner of a resort dwelling (Ms. Marine). Ms. Marine asserts there is a potential tourism and economic benefit that could be derived from amending or repealing the Ordinance which regulates resort dwellings and resort condominiums. Included is a Staff report which addresses the current status and the possible expansion of the use in terms of the Visioning. Requested Council Action: Discussion and direction to Staff. Financial Impact: Should the Ordinance be modified to allow additional units, the City would receive application fees, permit fees, and annual inspection fees. Brevard County would receive all properly submitted resort taxes. Long-term economic impact is difficult to predict. Property values could be affected. Reviewed by City Treasurer: Andrea Bowers Date:�D Attachments: 9/25110, 9126110, and 9129110 e-mails from Ms. Marine to Mayor Randels 8127110 e-mail from Mr. Bowers to Councilmember Walsh City Attorney's correspondence Staff memo Submitting Department Head: Todd Morley and Barry Brown Date: 1016110 Approved by City Manager: David L. Greene 0 - Date: 10 111 � '�:' City Council Action: ] Approved as Recommended [ ] Disapproved ] Approved with Modifications [ ] Tabled to Time Certain From: Andrea Marine— [mailto:] Sent: Saturday, September 25, 2010 12:59 AM To: Rocky Randels Subject: Resort Licensure Mayor Randels: I am writing to you as one of our elected officials, one who is to represent and speak for the citizens and property owners of Cape Canaveral. A few years ago, the City opened up a very short window, if you will, to allow individuals who own rental properties the opportunity to apply for a "resort" license. When speaking with the Code Office at that time, and procuring my own resort licensure, I was told that approximately 100 people applied for such licensure. I am uncertain as to how many of those people actually followed through with the requirements needed to acquire and maintain the license. And, if memory serves me, the window was for a brief period in the summer of 2007 -- a full three years ago. I am sure in that lengthy time frame that many properties have been sold, changed hands, etc. - even in a slow housing market. Since there have been such changes, I am curious as to when the window will once again open up so that other individuals may apply for and acquire the resort licenses. Cape Canaveral is a lovely city - a city to where my husband and I plan to retire some day. When visiting there, I see some properties vacant, others with for sale signs in the yard, and, even more distressing, still others that have gone to foreclosure. Drive down Buchanan Avenue, in the 100 block, and see for sale signs of previously inhabited properties. Or, on that same street, in the same block, Iook at the run-down "long term rentals" (these are considered legal, yet they are shabby and unkempt) that do absolutely nothing for the overall presentation of the City. And that is just one street. Or look at the still vacant tri-plex built at the end of Washington, that are still offered for sale by Ron Wallen. And then there's the building at the corner of Orange and Lincoln, owned by David Welch - still sitting empty. I am sure both of those properties have licenses, but even they aren't selling. I know that you and the City Council members want to see the community progress, especially with the down -sizing of the Kennedy Space Center and NASA programs. With employment cuts at KSCINASA, and the closing of Sterling Casino and Sun Cruz (and the short-lived Las Vegas Casino), it would appear to be in the City's best interest to capitalize on the tourism industry - even more than is already being done. As you well know, one of the Council members, Mr. Robert Hoog, electrician, relies on the housing market. Only four years ago, there was a boom in new construction in Cape Canaveral. This, of course, has dramatically changed. With the beach, the theme parks, and KSC (limited) the only major things to attract tourism, I cannot understand why tourism is not premier, and the "resort" window doesn't get opened up for a Iimited time -- to accommodate those who did not know about the 2007 window or who have since purchased property that they wish to rent. I have read the Ordinance prepared by the City, and understand it's passage at that time. I also know that times have changed since 2007. Yes, property values have decreased -- that is one of the "signs of the times." But it won't stay that way forever! Just like the ordinance that was passed. I'm certain it seemed like the right thing to do at that time, but a lot has changed. It doesn't have to stay that way forever! I feel the City officials, working in the best interest of the property owners and City as a whole, should consider re -opening the "resort" window. I believe this exact topic was brought up at one of the recent "Meet and Greet" meetings. That shows to me that there are others, besides myself, who are concerned about the situation, and believe changes must be made in the ordinance. Progress must be made in the area of tourism, or all will be lost in the City. And, as dramatic as that may sound, it will become a truth if the City Council does not: banish the ordinance, amend the ordinance, or, at the very least, allow for the window to be open for a very limited amount of time (with notification to the public). As the "voice of the people," I should think that, not only will you share this concern with the City Council members, but hope you will act on it positively in the near future. Thank you for your time and your consideration in this matter. Andrea Marine Property Owner Cape Canaveral, FL From: --Andrea Marine— [mailto:andreamarine@yahoo.com] Sent: Sunday, September 26, 2010 4:52 PM To: Rocky Randels Subject: Resort Licensure Mayor Randels: Thank you so much for your quick response! I really appreciate you taking the time to get back with me, especially in such a timely manner! When we were acquiring our own licensure (and working with Todd Morley... what a jewel!), we, too, had to make the necessary accommodations to fulfill the required obligations, i.e., lighted exits, industrial fire extinguishers, etc. It did take some time, and some expenditures, but all of those requirements were easily made and only make our home safer for our tenants, as well as ourselves. Your comment that there apparently were only a few who bothered to meet the expected requirements, and follow through with the process, brings another thought to me about this entire situation. If only a "handful" of those that applied actually were diligent enough to complete the process and get a license, then it would appear to me that there are "licenses left over" that could be "opened up" to some who would wish to pursue acquiring the resort licensure. Doing so would once again provide an opportunity for some individuals to apply for licensure and actually acquire a license, while at the same time, keep the ordinance (as it is written) intact. In essence, that would be a win/win resolve to this situation! The notice could be made that the "window" was once again open, with only "X" amount of licenses available, for whatever time period Council would prefer (a 30 day window might be considered). The ordinance has not been breached, but an opportunity to see some progress could be made by those individuals wishing to get the licensure. I am intrigued by this possibility, and am glad you mentioned the limited licenses that were actually acquired. I really would like to see some positive action taken on this matter by Council, and hope that they, and you, are willing to provide a window (however limited that may be) to just allow individuals to pursue the licensure. Of course, if there aren't any applications, then you and Council would at least be able to say you tried! Tourism must be capitalized upon to help the City and the surrounding area, any any plan, Iarge or even small such as this, will be of benefit! Thank you again for your response, and I look forward to hearing from you! Andrea Marine From: Andrea Marine---- fandreamarine@yahoo.com] Sent: Wednesday, September 29, 2010 10:05 PM To: Rocky Randels Cc: David Greene; Angela Apperson; Todd Morley Subject: Resort Licensure, etc. Mayor Randels: I had the distinct pleasure of talking with Mr. David Greene yesterday! We had a very pleasant conversation about resort licensures and bringing revenue into the City. Here are a few of the many points that I discussed with him, and, might I add -- he agreed with me wholeheartedly on each topic. 1. Those of us who are making retirement plans and own vacation/2nd homes typically are well-educated, with disposable income in which to put back into the City. Those individuals, including my husband Joe and I, want to be able to retire somewhere (our choice is Cape Canaveral) that is a well-maintained, safe, progressive city. 2. Vacation home rentals, by their very nature, must be maintained to the highest degree to attract guests - which insures a greater degree of beautification for the city. The yards are kept clean and mowed, the houses are kept painted and in good repair, trees/hedges/bushes are trimmed, etc. As David eluded to, long-term/full-time rental properties are not under the microscope, if you will, and oftentimes fall prey to disrepair. (David did not think there were any licenses/etc. for those properties, but said he would investigate the matter.) Since there is likely no type of license required for those long- term rentals, a home may be rented to anyone for a long period of time. It doesn't appear to be a sensible system to limit "resort" home owners and their ability to rent without some type of standard for long-term rental properties. 3. Individuals who own vacation type of properties, and who rent or wish to rent, have brought money into the community by the very purchase of their properties. Those could/might be homes that would be on the market for sale or in foreclosure .... something that is certainly not needed. 4. Vacation/resort properties are not in competition with the hotels in the area. Some, of course, would disagree with that statement. But think about it ... hotels typically do "nightly" rentals, while resort properties cater to weekly/monthly rentals. I can say from my own experience, I would not even consider renting a hotel room for a month! First of all, it would be an exhorbitant amount of money, and, one tiny room with a bath would be claustrophobic! Resort properties have their niche, while hotels have theirs. 5. Vacation rentals properties employ many permanent Cape Canaveral residents that put their own salaries directly back into the City. Yard service, housekeepers, handy/repair men, electricians, plumbers, HVAC individuals, home inspectors, etc., receive their income from vacation property owners that benefit the local businesses and the local economy. 6. Reopening the resort licensure window would bring larger numbers of visitors to the area and would benefit local restaurants, grocery stores, convenience stores, surf shops, churches, etc. Most of those businesses cater to short-term visitors and tourists. This would also increase state and local tax revenue ... by non-residents... due to the sales they make at those locations. 7. Allowing those interested individuals who wish to apply and obtain a "resort" license will open doors for greater regulation of vacation rentals. Renters/visitors would feel much more comfortable knowing that the property they are renting/staying in is safe and has been inspected and is current to code .... a better peace of mind for those visiting the City. 8. Permitting more vacation homes the opportunity to be licensed would benefit the tourist industry in Cape Canaveral through the increased sales of tourist -related items such as beach towels, beach toys, tee-shirts, jewelry, etc. and add to the collection of state and local taxes. 9. When we applied for our license three years ago, and worked with Todd Morley, the application fee was a mere $100. Opening up the window for others to apply would generate additional income as well. And, just because the fee then was $100, it doesn't have to be that same amount now. Consideration could be given to a fee of $250-$500. That would mean those individuals seriously wishing to become resort -licensed would have to "step up" and pay a higher amount. 10. Of those who would apply, many will need to have their homes set to meet code...just as we did. Again, such requirements would bring money into the area - emergency lighting and fire extinguishers would need to be installed, egresses would need to be modified, etc. As I told David on the phone, I will not be in Cape Canaveral for the October 19, 2010, Council meeting. However, my husband, Joe, will be in attendance that evening. i will be joining him on Friday, October 22, and will be more than happy to meet with you or David at that time. I'm sure you can see that I am very passionate about this and hope that Council will look to the future and re -open the licensure window -- if only for a short period of time, once per year, every other year, etc. As you know, things have changed quite a bit since 2007, and the City must look to be dynamic rather than static. Thank you for thinking of me re: Business and Culture Development. Not being there "full time," (YET!) it would have to be a long-distance task for me .... but one I would be up for!! Please keep in touch. It has been rewarding knowing you and others are leading the City. Andrea Marine From: Isaac Bowers [isaacbS@yahoo.com] Sent: Friday, August 27, 2010 9:43 AM To: walsh-cape@cfl.rr.com Subject: Canaveral Licensing Hi Mrs. Walsh, I am writing to ask for your opinion and guidance. I have a single- family home in Cape Canaveral and would like to obtain a license to use the home as a vacation rental when the house is vacant for a few months in the summer and around Christmas when I am out of town visiting family or on extended vacation. I inquired about licensing but was told by the city that was not possible... that the window for doing that closed just 2-3 years ago. My home is a very nice place close to the beach. I find this a little ironic considering the poor econony and how tourists could bring large amounts of money into our community through condo or home rentals, groceries, restaurants, staying before or after cruises, etc. Being licensed, I would also be responsible for, and happy to, pay the required fees & tax dollars back to the community, county, and state ... a funding source for much needed tax money. It would also allow oversight of the licensed properties through code enforcement and further investment in our community. It may also open an avenue for some of the many homes for sale & foreclosed on in our town to be purchased & remodeled to make our community more attractive. I am asking if the council could consider reopening the window ... maybe long term or at least for a short time to allow condo units & single- family dwellings to apply for the necessary license for short term vacation rentals? Not only could this benefit the community in several ways as I have already mentioned, it may save some from losing their homes to foreclosure because of a possible source of income. Please consider my thoughts and let me know what you think can be done. I am approaching you due to your considerable experience with condominiums and your knowledge of how this licensing could be a benefit to the citizens of the community, the city, the county, and the state. Thank you for taking time out of your busy schedule to consider my idea/request and I look forward to hearing from you! BROWN, GARGANESE, WEISS & UAGRESTA, P.A. 111 N. Orange Ave., Suite 2000 P.Q. Box 2873 Oriando, Florida 32802-2873 Plione (407) 425-9566 Fax (407) 425-9596 /411orneys at Lain October S, 2010 Honorable Mayor Randels and City Council Members c/o David Greene, City Manager City of Cape Canaveral. 105 Polk Avenue Cape Canaveral, FL 32920 Re: Resort Dwellings Dear Mayor Randels and City Council Members: Katherine W. Latorre Board Cerbried C4, County& Local Government Law ldatorre n@odandola w.net At the request of staff, we are providing some general comments in response to the City Council discussion item related to resort dwellings scheduled for consideration during the October 19, 2010 City Council meeting. It is our understanding that a few local property owners recently requested that the "window" be reopened for resort dwellings and condominiums to be permitted as legally nonconforming in the City's residential zones. While our comments will not touch on the policy decision with which the City Council is faced, we want you to be aware of certain legal issues in order to assist the Council in snaking a well-informed decision. Legislative Intent of 2007 Resort Dwellings Ordinance Reopening the window to permit or grandfather resort dwelling uses in the City's residential zones at this point may call into question the validity of the City's 2007 resort dwelling ordinance. In support of its adoption of the ordinance, the City Council made express legislative findings that limiting resort dwellings "serves a substantial government interest in preserving the character and integrity of residential neighborhoods." Further, the ordinance provides that its adoption was necessary "to protect Cape Canaveral from becoming an overwhelming transient type community." Reopening the City's residential districts to additional transient uses would be generally inconsistent with these findings. This potential inconsistency is significant because the Council's legislative intent behind the enactment of the ordinance would be scrutinized in the event of a legal challenge to the ordinance. In general, zoning ordinances must be upheld unless they bear no substantial relation to a legitimate government interest, or unless it can be clearly shown that the regulation is a mere arbitrary exercise of the municipality's police power. Dept of Community Affairs v. Moorman, 664 So. 2d 930, 933 (Fla. 1995). Ft. Lauderdale (954) 670-1979 • I-issimmee (321) 402-0144 - Cocoa (866) 425-9566 Website: www.orlandolawmet • Email: fiim�?a orlandolaw.net October S, 2010 Page 2 To allow additional transient uses at this time may undermine the validity ofthe City's initial legislative intent behind enacting the resort dwelling ordinance in 2007. Further, any such action could be viewed as an arbitrary exercise of police power. Therefore, any decision by the City Council to reestablish an amnesty period welcoming more transient uses in the City's residential zones should be supported by sufficient and competent evidence. The evidence should reasonably support such a change in legislation and further a substantial government interest. Proliferation. of Nonconforming Uses In theory, there should not currently be any properties Iocated in the City's residential zones operating as resort dwellings or condominiums unless they are legally nonconforming pursuant to the provisions of the 2007 ordinance. It is a general principle in zoning that nonconforming uses should be abolished or reduced to conformity as quickly as the fair interest of the parties will permit. See JPMInv. Group, Inc. v. Brevard County Bd. Of County Com'rs, 818 So. 2d 595, 598 (Fla. 5th DCA 2002), Instead of abolishing or reducing a nonconforming use, reopening the window would offer those individuals previously foreclosed from operating transient uses in residential zones a second bite at the apple, and in turn, would encourage additional nonconforming uses in the residential zones. This potential result would be incongruous to the City's 2007 legislation declaring transient uses in residential zones nonconforming, and inconsistent with general principles regarding the regulation of nonconforming uses. Conclusion L -i sum, granting an additional period of amnesty for existing illegal uses or permitting new resort dwellings in the residential zones not only chips away at the legitimacy ofthe City's legislative findings in 2007, but it also has the potential to encourage the proliferation of additional nonconforming uses inconsistent with general principles ofzoning. This could result in undermining the stated legitimate government interest expressed in the 2007 ordinance limiting transient uses to the City's commercial zones. In considering this issue, the City Council should closely analyze the potential benefits and pitfalls of reopening the window to allow transient uses in residential zones. Additionally, the City Council should ensure that any decision rendered be supported by testimony and evidence that is reasonable and fairly debatable. We look forward to discussing this issue with you during the next meeting. Very truly yours, Kate Latorre Assistant City Attorney Cc: Anthony A. Garganese, City Attorney Ft. Lauderdale (954) 670-1979 o Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website_ www.orlandolaw.net • Email: fitm@orlandolaw.net Memo Date: October 6, 2010 To: David Greene, City Manager From: Todd Morley, Building Official and Barry Brown, Planning and Development Director RE: Resort Dwelling status and analysis This memois divided into two sections with the following elements addressed: Sectionl. Building and Code Enforcement, which addresses "where we are and how we got here", including: • Review of attainment requirements • Attainment statistics • Maintenance requirements • Current status, and • Code enforcement of Resort Dwellings and Resort Condominiums Section 2. Planning, which addresses the possible expansion of the use in terms of the Visioning. Section 1. Review of attainment requirements: • Application window opened on June 19, 2007 and closed July 19, 2007 (30 days). • "Must complete all requirements" window opened on the date the application was received and closed one year later. The ordinance provided for extensions beyond the one-year timeframe for good faith effort. • A $100.00 filing fee was paid at the time of filing the application. • Each applicant had one year to obtain a Certificate (Certificate of Non -Conforming Status). This required that the applicant: 1. Have building and fire code inspections, 2. Pull a permit, 3. Perform the requisite work, 4. Pass all necessary technical code inspections, 5. Obtain a license from DBPR, 6. Obtain a new Certificate of Occupancy for R1 (transient residential), and 7. Obtain a Certificate of Non -conforming Status. Attainment statistics: Compiled from the updated Master Resort Condominium/Resort Dwelling Spreadsheet Note: (these statistics address only Resort Dwellings. Resort Condominiums and units not -yet -built are not addressed in this section) • Resort Dwelling applicants: 48. • Certificates of Non -conforming Status issued: 20 • Resort Dwelling applicants who failed to obtain a Certificate of Non -conforming Status: 28 • Reasons why applicants failed to obtain a Certificate: o Withdrawn before initial inspection: 2. o Permit was required, but never applied for: 17. o Permit was obtained, but failed to achieve approved final inspection: 3. o R1 C.O. was issued but never obtained Certificate of Non -conforming Status: 6 Maintenance requirements: 1. Must not abandon the use. a. Abandonment is a period of 2 years for dwelling units (see Sec. 110197). By policy, this is tied to lack of a BTR. Proof of abandonment can be demonstrated if there was a 2 year period of time after the date the Certificate of Non -conforming Status was issued where there was no BTR. 2. Must maintain State Licensure. 3. Must not repeatedly violate technical codes. • Number who have not maintained minimum requirements: 8. Current status: Certificates of Non -conforming Status issued for Resort Dwellings: 20. Number who have not maintained minimum requirements: 8. Total number of Resort DwellinZs currently operating legally: 12. Total number of Resort Condonziniunis currently operating legally: 58 (56 units at Cape Caribe Oceanfront and two units at Beach Club Condominiums). Resort Dwelling units approved for use which have are not -yet -constructed: 4 Resort Condominium units approved for use which have are not -yet -constructed: 335 Resort Dwellings and Resort Condominiums compete with local hotels which target extended stays (Cape Caribe and Residence Inn). A survey was conducted October 6-8, 2010. The percentage of guests whose stay is 7 days or greater: Cape Caribe: 50% Residence Inn: 60% Country Inn: 5% Radisson: 3% Code enforcement of Resort Dwellings and Resort Condominiums: • Warning citations issued: approximately 30-40. • Citations issued: approximately 10-15. • Current complaints pending: 28. • Complaints processed: approximately 35-45. • Processing time per complaint: Depending on the amount of research approximately 1 to 4 hours. • Summary characterization of Resort Dwelling/Resort Condo Code Enforcement: o Time consuming. o Mixed results (violators often find another venue to advertise). o Internet advertisement is the most practical and successful way to prove a violation. However, research is time consuming because the advertisement frequently does not include an address or property owner. o Research does not always result in conclusive evidence. o Our civil citation program requires filing with the Brevard County Court system. However, collection enforcement is not supported by the Brevard County Court. Consequently, code enforcement would write citations which were meaningless. Recently, we have engaged the services of a collection agency. This helps. o State licenses_ continue to be issued by DBPR without city approval. This creates more violators. Ceetinn 2_ Planning summary In 2009 the citizens of Cape Canaveral participated in a series of workshops during which they collectively developed a vision for the City's future. The Vision Statement is the narrative description of the citizens' desire for the future of the community. The document does not include the words tourist or tourism, however it does describe a community that: "has a business -friendly atmosphere", "embraces the beach and riverside as the main amenities", and "supports businesses that enhance economic viability and serve our residents and visitors". The Visioning Report called for an economic development opportunity assessment that was realized by the preparation of the Economic Development Action Plan (EDAP) in February of this year. One of the action items in the plan is to market the community as a tourist destination. Expansion of the resort dwelling status would support the Vision Statement and the EDAP. Also, in our current economy, home values are declining and many are trapped in homes they cannot sell. Some own second homes they can no longer afford without rental revenues. The expansion of the resort dwelling status may allow some to relocate to other areas for employment or allow others to make mortgage payments and forestall foreclosure. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page B of 7 read the title of the Ordinance into the record and reviewed the Ordinance and the non -conforming areas which are being exempted. Discussion ensued and included the need for public education; patience during the implementation of the Ordinance; the need to provide assistance to the Cape Canaveral Precinct to determine where the right-of-way is located in all parts of the City; the need for Staff to work out the details of implementation, should the Ordinance be adopted; that the majority of the problems would be along Ridgewood Avenue; individuals walking in the roadway rather than using the pedestrian facilities; the State Law requirement. for vehicles to be 3 ft from the bicycle they are passing; if there is a law that requires peo_ple� fo use the bike path if there is one present; the narrow streets acting as traffic calmft' features;,and the use of the word "standing". The public hearing was opened.K. w' 10 Nicholas expressed his feelings the Ordinance prohibits buses from stoppirf h th'right-of--way. Attorney .: •. Garganese explained the Ordinance has an exoq'fion which ``611bws for stopping to ?. comply with the law, directions of a Police Offce Q'rs�official traffic d &e. He explained official traffic device includes a stop sign; a stc.`ight, as well as a defj�"pated.bus stop. The public hearing was closed. A motion-,.! Ag made by4..Mr. Randels �sJefonded by Mr. Petsos, for approval of Ordinance 16± 010. The3c1tscussion of tK Ordinance continued and included whether signage wtiik.r:4`instalied, the implementation strategy; once the Ridgewood Project is com�slgd most people would use the 90 pedestrian facility if it was not blba vehicle4?"*hat owners on the presidential streets would do since there isn't rar , t;,. ,Qn the 'ftbperty; whether parking in the street was allowed; The signage in H9&,Qr Her§h�! -Indicated here is not to be parking in the street; and how servic%,.oriented Viking l sue 4_ uld `be handled. The motion carried 5-0 with votixt`a'`°iiiows: r: itS Ford; g ` h . , g, hyor Pro Tem Petsos, For, Mayor Randels, Fo:s. Robes, For ate; `CVIs. Walsh, For. DISCUSSION: 14. Di.scUssxo .::t. of C`i ` . erode Sec toi =' 110-486 – Resort Dwellings, Resort Condomti Iik n-Corif ing Use Status and Expiration: Building Official Morley revieVv i 'the history IR the it"OM.:;.and noted the Certificates of Non -Conforming Status issuft::,; o date. Discd n er�d and included the correspondence received from Andrea Uanne requestirig the application period be re -opened; the memo from the City Attorney's"office expressing: concern over re -opening the application period; as it may invalidate the findings of-,Ahe implementation Ordinance; the work the Business and Cultural Devel*(i e.nt .BQ:ard is doing to bring full time residents to the City; that it is lawful to rent youtz",or 5,6fty for 30 days or greater, as well as to rent your property as a Resort Rental for up ,to three times in one calendar year without having to obtain a license from the City or the State; the number of certificates which have expired and that some applicants never received a Certificate of Non -Conforming Status because they didn't complete all required items; the long standing law which prohibits renting for less than 7 days; the 2007 Ordinance to regulate these activities, which gave a submittal period to be officially recognized to be a resort rental; the requirements that must be met to continue to have a license; an internet search which produced 54 advertisements for resort rentals within the City, and most of them do not list the City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 7 of 7 address, which makes enforcement very difficult; whether the City reports individuals suspecting of violating the State Law to the Department of Business and Professional Regulation, so they can also investigate; that the State will issue a resort rental license without regard to a local ordinance; and that some view a short term rental property as being maintained better than a long term rental property. A motion was made by Mr. Hoog, seconded by Ms. Roberts, to extend the meeting 15 minutes. The motion carried 5.0 with voting :;.as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; 11 Roberts, For and Ms. Walsh, For. The discussion continued and included: a request frii"' Mr: agog for data from the -,.: Canaveral Precinct as to any disturbance calls for.ar'yproperly ("y- 'rting a resort rental legally; a requirement in many condominium �1 : a`wations that reh" 1p must be for 30 days or longer, quality of life issues for the Its igk erm residents needs a =be considered for those who live next to any transient rentajo :,bhanging :e residential i✓fa� cter of the City; and that reputable property owners who"hiiWe reso Aeentals do not haue problems. No action was taken, nor any consensus 15. Discussion of City Code Art! cle._1��-Parl<s and.-Kecreation) to enaple Beach Vending Franchises: Mayor"fr def*iewed tK'e$ections that lead to this item. Discussion ensued and included: the,aport a �,,.t CouI Members for the current ;�� activities, which are verired; a su story C>t�Mariager Greene to revise the ar Ordinance to limit beagh-ve�ricrg to th;�lbeveragei category, with two potential franchises and all ds *9ils would'i&vorke" as a part'of the bidding process and the granting of the fr.::riChise; the 660d for a `� r rkshop and additional public input; prior g g 4: input from the resid`Yits indicajwweY are nab. in favor of this activity, as well as the convenience store owners.-,�i� 6"� ire" t ;; pp'osed to this activity. Consensus was �.,_ reached ...A.6 to 'nd the O'irdtnance to allow beach vending in the r, ... foodlb aii�age datfgory 6i".v.,with two franchises for mobile vending and return it to th:'.ouncil for further dsission. REPOF' T 16. Council: --0ue to the,'fateness of the hour, no reports were given. ADJOURNMENT:"T,bere being no further business, the Meeting adjourned at 10:18 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk