HomeMy WebLinkAboutPacket 12-21-2010 RegularCALL TO ORDER: I
City of Cape Canaveral
CITY COUNCIL MEETING
4AVERAL LIBRARY MEETING ROOM
k Avenue, Cape Canaveral, Florida
Tuesday
December 21, 2010
7:00 PM
Deputy of the Month: for November 20101 — deputy Jason Holmes and Deputy
Marc Rosenfeld
REPORTS:
7:15p.m.
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) rninutes. The City Council;, will, not
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.
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•'� 01 ,,me =
Approve Minutes Regular Meeting Minutes of December 7, 20110 and
Special City Council Meetings of July 28, 2009, November 12, 20019
December 22, 2,009, April 6, 201; 0, April 13, 20101 and April 17, 2010,
105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax: (321) 868-1248
www.ciryofcapecatia:veral.org - email: ccapecanaveral@cfl.rr.com
„ape Canaveral, Florida
cr 21, 20 10
f3
Approve contract between the Florida Department of Corrections
(Department) and the City of Cape Canaveral (Agency) for the renewal of
Inmate Labor Contract; Work Squad Contract #WS64 1.
3, Approve the Agreement between the City of Cape Canaveral and the
International Union of Operating Engineers, Local 673 (AFL-CIO).
4. Approve purchase of "Blackboard Connect for Government” '
coimmuinications tooI, from Blackboard, Inc. in the amount of $7,248.45.
7:40 p.m. — 8:00 p.m.
5Ordinance No. 14-2010, Amending Chapter 54, Parks and Recreation, of
the Code of Ordinances; Authorizing the City Council to Award Franchises
for Commercial Vending Activities on the City's Beaches by Competitive
Bid; Pursuant to Certain Requirements and Restrictions; Providing for the
Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation
into the Code; Severability; and an Effective Date.
6. Ordinance 18-2010, Amending Chapter 66, Article III, Excavations,, of the
Code of Ordinances Related to: Open Cutting of Roads or Streets,
Permitting, Fees and Inspections; Providing for the Repeal of Prior
Inconsistent Ordinances and Resolutions; Incorporation into the Code;
Severability; and an Effective Date.
T Ordinance No, 19-2010, Amending Chapter 94, of the Cape, Canaver
Code of Ordinances to Allow for Historical Markersi; Providing for t
Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporati
into the Code, Severability, and an Effective Date. I
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& Resolution No. 2010-34; Revised Fee Related to Chapter 66, Article 111,
Excavations, of the Code of Ordinances Related to Open Cutting of Roads
or Streets, Permitting, Fees and Inspections, Repealing Prior Inconsistent
Resolution; Providing for an Effective Date.
City ol'Cape Canaveral, Florida
December 21, 2010
Page 3 ol")
REPORTS:
8.-25 p.m. — 9:00 p.m.
ADJOURNMENT:
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: 12 [21/2010
PRESENTATION
Subject: Deputy of the Month for October 2010 —Sara McLennan
Department: Brevard County Sheriff's Office — Canaveral Precinct
Summary: On Saturday, October 9, at approximately 0819 hours, Deputy McLennon
responded to the Circle K located at 7770 N. Atlantic Avenue reference a fraud. Deputy
McLennan obtained a description of the male who entered the store and purchased items with a
counterfeit $20 bill. Deputy McLennon reviewed the store's security tape and witnessed the
transaction. She received a physical description of the suspect, clothing description and
method/mode of travel that led her to believe he was a local resident.
Later that day while patrolling in the area of Jackson and Poinsetta, Deputy McLennon
observed a white male matching the description of the fraud suspect leaving a yard sale on a
bicycle. Deputy McLennon made contact with the female running the garage sale and was
advised that the male purchased items worth $2 using a ten -dollar bill. Deputy McLennan was
provided the money used by the male and identified it as counterfeit. Deputy McLennon then
notified other deputies in the area to be on the lookout for the suspect. Within a few minutes,
deputies stopped the suspect a few blocks away from the yard sale. The suspect was detained.
The female running the garage sale was driven to his location and identified the male as the
individual who passed her a fake bill. Deputy McLennon arrested the suspect and notified an
agent from Canaveral Precinct General Crimes Unit. As a result of the information provided by
Deputy McLennon, a search warrant was obtained and counterfeit bills were discovered on the
suspect.
Over a three-week period prior to this arrest, Cape Canaveral had several reports of small
denomination counterfeit bills being passed. It was determined that the suspect is responsible
for at least three such cases.
Deputy McLennon showed great initiative in this case utilizing excellent police patrol procedures
and investigative skills to identify, locate and ultimately arrest t s spect.
Submitting Department Head: Commander Alan Moros Date: 12-13-10
Cape Canaveral Precinct
Attachment(s): None
Financial Impact: None
Reviewed by City Treasurer: Andrea Bowers \,(n Date: 12-13-10
The City Manager recommends that City Council take th6 following action(s):
No action required.
Approved by City Manager: David L. Greene 0`i ->-d- Date: 12-13-10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 121 2V2010
PRESENTATION
Subject: Deputy of the Month for November 2010 — Deputy Jason Holmes and Deputy Marc
Rosenfeld
Department: Brevard County Sheriff's Office — Canaveral Precinct
Summary: On November 12th, Deputy Holmes was investigating a burglary and grand theft at
the Cape Canaveral Youth Center and BCSO PAL Complex. Deputy Holmes was processing
the crime scene when he observed two subjects who appeared to be loitering in the area.
Deputy Holmes made contact with the subjects and completed a field interview. Deputy Holmes
learned that the two individuals had witnessed the crime and that their friend, who was not
present, knew one of the suspects from school. Deputy Holmes contacted Agent Chris Ryba
and informed him of the above information. Agent Ryba subsequently cleared this investigation
with arrest of three suspects and recovered all stolen property. Deputy Holmes' thoroughness
in this investigation by obtaining information that developed three suspects led to their quick
arrest and recovery of the stolen property.
On November 26, Deputy Rosenfeld responded to a battery at 206 Caroline St where he
discovered the seventy-one (71) year old victim had sustained severe lacerations to his head.
During the investigation, it was discovered that the suspect was a female named Robin who
was possibly dating the maintenance worker at the apartment complex. Deputy Rosenfeld met
with this individual and was given the full name as Robin Bradley. Deputy Rosenfeld then
completed a photo -lineup, which included the suspect's photo. The victim positively identified
Robin Bradley as the individual who battered him. Deputy Rosenfeld then began systematically
checking the suspect's known hangouts requesting individuals at each location call him if she
showed up. On November 27th, an employee of the Lamp Post Lounge contacted Deputy
Rosenfeld and related that the suspect was inside that location. Deputy Rosenfeld responded
and arrested her for Occupied Burglary, Felony Battery, and Abuse of the Elderly and
Possession of a Controlled Substance. Deputy Rosenfeld's initiative and dedication
throughout this investigation led to a successful arrest and clo ure of a case.
Submitting Department Head: Commander Alan Moros Date: 12-13-10
Cape Canaveral Precinct
Attachment(s): None
Financial Impact: None
Reviewed by City Treasurer: Andrea Bowers Date: 12-13-10
The City Manager recommends that City Council take the following action(s):
No action required.
Approved by City Manager: David L. Greene (9'vy Date: 12-13-10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 7, 2010
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:02 P.M. and led the pledge
of allegiance.
ROLL CALL-
Council
ALL
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
Bob Hoag
Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
David L. Greene
City Attorney
Anthony Garganese
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
Building Official
Todd Morley
Planning and Development Director
Barry Brown
Brevard County Sheriff Lieutenant
Alex Herrera
Cape Canaveral Volunteer Fire Dept. Chief
Dave Sargeant
Cape Canaveral Volunteer Fire Dept. Assistant Chief
John Cunningham
City Clerk
Angela Apperson
Sergeant Siegle presented the City with a Certificate of Appreciation for the City's
donation to Camp Chance, a program run by the Sheriff's Office which serves
under -privileged youth.
INTERVIEW:
Ci!y Council Interview of Library Board Applicant Marilyn Nicholas: Attorney Garganese
interviewed the applicant and confirmed the information in Ms. Nicholas application was
true and correct. Mayor Randels expressed his knowledge of Mrs. Nicholas' prior service
to the City. Mrs. Nicholas explained her reasons for wanting to serve on the Board.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 7, 2010
Page 2 of 6
REPORTS:
City Attorney Garganese indicated he will pursue the direction given during the Attorney
Client Session.
DIENCE TO BE HEARD: There were no audience comments.
CONSENT AGENDA:
Mayor Randels read the titles of the five items and inquired if any items are to be removed
from the Consent Agenda for discussion. Ms. Walsh requested removal of item three and
Mr. Petsos requested removal of item two.
1. Approve Minutes for Regular City Council Meetings of 11-04-2010 and 11-16-
2010.
2. Change Order #4: Approve the Use of STS Paveway System Crosswalks for the
Ridgewood Avenue Improvements Project in Lieu of Brick Pavers.
3. Approve the 2011 City Council Regular Meeting Schedule and Tentative Budget
Meeting Schedule.
4. Approve Resolution No. 2010-35; Appointing a Second Alternate Member to the
Library Board.
5. Joint purchase of replacement Fire Apparatus with the Canaveral Port Authority.
A motion was made by Mayor Pro Tem Hoog, seconded by Ms. Walsh, to approve
Consent Agenda Item Nos -1, 4, and 5. 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. 2 - Discussion ensued and included; shutting down the entire street; the use of
STS v Brick and the cost for maintenance of both items; and the safety concerns for the
use of brick. Mark Fox, from STS Paveway, explained the actions taken by FDOT, the
use of STS v. Brick and other types of stamped asphalt. He explained the history of the
STS product; the safety of the product; how the product holds up under pressure
washing and the warranty. Discussion returned to the use of pavers v. brick and
whether the intersections will be raised, to which Mr. Ratliff responded in the negative.
A motion was made by Mr. Morgan, seconded by Mayor Pro Tem Hoog, to
approve the use of the STS Paveway System in lieu of Brick Pavers. The motion
carried 4-1 with voting as follows: Mayor Pro Tem Hoog, for; Mr. Morgan, for; Mr.
Petsos, against; Mayor Randels, for; and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 7, 2010
Page 3 of 6
Item No. 3 — Ms. Walsh noted the need for a correction to the week of September 18th
for the Second Budget Hearing, stating it should be the 18th through the 24th and asked
when the budget would be supplied to the Council. Mr. Greene responded the
information would be available by the end of May or early ,lune 2011. A motion was
made by Ms. Walsh, seconded by Mr. Morgan, to approve the schedule as
corrected. 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.
ORDINANCES: First Public Hearing:
6. Ordinance No. 14-2010, amending Chapter 54, Parks and Recreation, of the
Code of Ordinances;_authorizing the City -Council to award franchises for Commercial
Vendinq Activities on the City's beaches by competitive bid pursuant to certain
requirements and restrictions; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date:
Attorney Garganese read the title of the Ordinance into the record. He stated all the
corrections/amendments requested by the Council have been made. Discussion
ensued and included: an objection to allowing a chain restaurant to be a vendor, as this
would add to the commercialization of the beach; that the franchise/bidding documents
still need to be worked out; that if this is done with care it could be a good thing for the
residents of the City; whether each franchisee would be limited to one cart; where the
trash will go when the cart is gone and that the vendors/franchisees would be required
to assist with trash collection. The Public Hearing was opened and included objection
to the noise/music that the vendor's make,. as it can be annoying to the residents in the
adjoining condos and that the ordinance already restricts this type of activity. The
Public Hearing was closed. A motion was made by Mr. Morgan, seconded by Mayor
Pro Tem Hoog, for approval of Ordinance No. 14-2010. The motion carried 4-1
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos,
Against; Mayor Randels, For; and Ms. Walsh, For.
7. Ordinance 18-2010, amending Chapter 66, Article III, Excavations, of the Code of
Ordinances related to open cutting of roads or streets, permitting, fees andinspections;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date: Attorney Garganese read the title of
the Ordinance into the record. He reviewed the proposed changes. Discussion ensued
and included: the use of a directional drilling machine and whether a permit was needed
for this type of work also; whether this applies to private roads; that a fee Resolution
would be presented at second reading; and whether the City would hire directional
drilling contractors for projects beyond our capabilities rather than cutting the roadway.
The Public Hearing was opened and included whether the provisions apply to the City of
Cocoa when installing or fixing their water line. The Public Hearing was closed. Staff
was requested to review the franchise agreement for the City of Cocoa and provide
clarification prior to second reading. A motion was made by Mr. Petsos, seconded
by Ms. Walsh, for approval. The motion carried 5-0 with voting as follows: Mayor
City of Cape Canaveral, Florida
City Council Regular Meeting
December 7, 2010
Page 4 of 6
Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and
Ms. Walsh, For.
8. Ordinance No. 19-2010, amending Chapter 94, of the Cape Canaveral Code of
Ordinances to allow for Historical Markersproviding for the repeal ofrior inconsistent
ordinances and resolutions, incorporation into the Code; severability; and an effective
date: Attorney Garganese read the title of the Ordinance into the record. He reviewed
the proposed amendments. A motion was made by Mr. Petsos, seconded by Mayor
Pro Tem Hoog, to approve Ordinance No. 19-2010. 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.
RESOLUTION:
Add on Item: Mayor Randels noted the request for an add on item A motion was
made by Mayor Randels, seconded by Ms. Walsh, to add the item to the 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.
Resolution No. 2010-36, supporting and endorsing State Economic Development
Project_ Project Rocket, as a Qualified Targeted Business; committing local financial
support to the Qualified Targeted Industry Tax Refund Program pursuant to Florida
Statute 288.106; providing an effective date: Planning and Development Director
Brown explained the proposal; the actions of Brevard County to allocate local funding
and the need for the Resolution which enables the City to take advantage of the
opportunity to participate. Mr. Greene added direct/indirect and induced jobs total 95
jobs altogether and significant at this point. Mr. Greg Weiner from the EDC was present
and participated in the discussion which ensued and included what would be the return
on the investment; the original request was for the City to pay the entire 20% and Mr.
Greene's request for the County to participate also; the City being closest to the Air
Force Station would receive the direct benefit from the workers' incidental spending;
whether this was creating new jobs or just shifting employees from another program; if
the EDC could track the type of impacts this project would have on the City; that the
EDC will work with the employer to receive information as to where the workers live;
whether the Ad Valorem Tax incentives the City has would be appropriate; the past
relationship with the EDC; the need to think regionally about projects instead of locally,
as any project that comes to this region benefits everyone; that this expenditure helps to
show the City of Cape Canaveral is business friendly; and if even one employee moves
to the City and fills a vacant home the city has received a return on it's investment. A
motion was made by Mr. Petsos, seconded by Mr. Morgan, to approve Resolution
2010-36. 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
December 7, 2010
Page 5 of 6
9. Resolution No. 2010-33; certifying the results of the General Election of
November 2, 2010;_ repealing prior inconsistent resolution; providing_ for an effective
date: Mayor Randels explained the need for a second resolution to adopt the Official
Results, as one provisional ballot was received. A motion was made by Mr. Morgan,
seconded by Ms. Walsh, to approve Resolution 2010-33. 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.
DISCUSSION:
10. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities: Ms. Walsh noted the tradition for the prior year's alternate to serve as
the Voting Delegate for the next year. She indicated she will be serving as the
Treasurer and will have a vote. She encouraged a different member of the Council to
serve as the Delegate, so the City would have two votes. Mayor Pro Tem Hoog
indicated he is willing to continue to serve as the Delegate. A motion was made by
Mr. Petsos, seconded by Mr. Morgan, to have Mayor Pro. Tem Hoog continue as
the voting member and have Mayor Randels as the Alternate Member, 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.
11. Discussion of restoring local control of smoke-free air laws in the State of Florida:
Mayor Randels explained his reasons for requesting this item and urged for the support
of the Resolution. A motion was made by Ms. Walsh, seconded by Mayor Pro Tem
Hoog, for support of the Resolution. Mr. Morgan asked for clarification of the law
regarding businesses that serve food and alcohol and allow smoking. Mayor Randels
explained the owner of such a business cannot establish "no smoking" because the
State of Florida has preempted the right to do so. 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
RFPnPTS-
12. Council:
Mr. Morgan requested an update on the storm drain/parking situation at Canaveral
Beach Boulevard. Mr. Greene indicated the work has been authorized to be performed.
Mr. Petsos congratulated Ms. Walsh on her appointment as the Treasurer for the Space
Coast League of Cities. He noted the additional funding for the Ridgewood Project and
urged for the use of the funding for the additional solar lighting. Mr. Greene indicated
the full complement of the lights has been purchased with the initial budget plus this
year's adopted budget and clarified the additional new funds have to be used for the
paving portion of the project; he confirmed monies will be freed up for additional
projects.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 7, 2010
Page 6of6
Mayor Pro Tem Hoog noted the need for paving on many of the roads that are on the
west side of Al A.
Mayor Randels thanked Joyce Hamilton and Boston Beef and Seafood for the food that
was provided this evening.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:09 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, CMC, City Clerk
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 28, 2009
5:30 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5:30 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Mayor
Council Member
Council Member
Others Present:
City Manager
Finance Technician
Fire Chief
Recreation Director
Building Official
Assistant Public Works Director
Acting Deputy City Clerk
RESOLUTION:
Bob Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
Bennett Boucher
Hollie Rayfield
Dave Sargeant
Robert Lefever
Todd Morley
Jeff Ratliff
Mia Goforth
2009-21: Tentative Proposed Millaae for the
of Ad Valorem Taxes for FY 200912010: Mayor Randels explained the purpose of the
meeting. City Manager Bennett Boucher announced the Brevard County Commission
decision to keep millage rates intact and as such will be using $11 million in reserves to
fund the County's budget. Discussion ensued and included the State Revenue Estimating
Committee not cutting revenue projections for the first time in three years, City priorities
from the previous year, the Florida Department of Recreation Assistance and Police
Athletic League Grant, the lack of funds for a brand-new police building, past plans to set
aside money for road resurfacing, money for the Fire Station, possibly planning a
Community Redevelopment Area, having to "do more with less", the continuing drops in
City property values, the possibility of implementing parking meters with free parking for
City residents, looking at the City workforce in regards to possibly cutting costs, budgeting
for the Ridgewood Improvement project, needing to plan and budget for future Visioning,
the status of Requests for Proposals that the City has put out for Human Resources,
having to go out for bids before any changes in health benefit plans, multi-year planning,
City Council Special Budget Meeting
July 28, 2009
Page 2 of 2
low land values and interest rates regarding projects in the City, options related to the Fire
Station, informing City residents on some of the details in the budget, past Council action
on the Fire Station, impact fees, having reserves for major emergencies, the possibility of
further diminished property values next year, and opinions on keeping the millage rate the
same as the previous year versus implementing the increased roll -back rate.
Council asked for audience input. City residents John Johanson, Leo Nicholas, and David
Schirtzinger each stated and explained their opinions in favor of maintaining the current
millage rate and each expressed ideas on how the City could move forward with various
projects. Diane Marcum, resident, voiced her opinion that the City should "not give up"
millage money that could benefit its future through projects and Visioning, and the City
could possibly adjust the millage rate to keep the actual monetary revenue the same as
the previous year.
Mayor Randels read the Resolution in its entirety into the record. A motion was made by
Mr. Petsos, seconded by Ms. Roberts, to adopt Resolution No. 2009-21, setting the
Millage rate at 3.0671, the same rate as the previous, year. Discussion ensued
regarding how the City will accomplish all of its goals with this Millage rate, thanks to Staff
for its work on this matter, and a plan to put out a synopsis to inform City residents what
the City is doing. The motion carried 4-1 with voting .as .follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels,. Against; Ms. Roberts, For; and Ms.
Walsh, For.
ADJOURNMENT:
There being no further business the Chair adjourned the meeting at 7:09 P.M.
Rocky Randels, MAYOR
Mia Goforth, Acting Deputy City Clerk
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
November 12, 2009
5:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5.02 P.M:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Betty Walsh,
Council Member Absent:
Council Member
Shannon Roberts
Others Present:
City Manager Bennett Boucher
Assistant City Attorney- Kate. Latorre
City Clerk Angela Apperson
17R-101IRRIIs] .F
1. Motion to Aaprove: Sr)ecial Outdoor Entertainment Permit; Christ Lutheran Church
Fall Festival: City Manager Boucher presented the application, noting that it was
approved by the Sheriffs, Fire, and Community Development departments. A motion
was made. by, -Mr. Hoog, seconded by Ms. Walsh, to waive the fees and approve the
permit for the November r14{" Fall Festival. Discussion ensued regarding possible
Ordinance amendments for this type of situation. The motion carried 4-0 with voting as
follows: Mayor ProTem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, Absent; and Ms. Walsh, For.
ADJOURNMENT:
There being no further business the Chair adjourned the meeting at 5:06 P.M.
Angela Apperson, City Clerk Rocky Randels, MAYOR
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
Tuesday
December 22, 2009
7:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 6:59 P.M.
ROLL CALL -
Council Members Present:
Council Member
Mayor Pro Tem
Council Member
Council Member
Council Member Absent:
Mayor
Others Present:
City Manager
............
Assistant Public Works Director
Deputy City Clerk
DISCUSSION:
Bob Hoog
Buzz Petsos
Shannon Roberts
Betty Walsh.
Rocky Randels
Bennett Boucher
Jeff Ratliff
Mia Goforth
1. Ridgewood Avenue Improvements Proiect: Assistant Public Works Director Jeff
Ratliff reported on the December 16 "Pre -Construction" meeting with the Florida
Department of Transportation, including information on Stimulus requirements, reactions
from the contractor, and ` the amount of paperwork that will be involved. Discussion
ensued and included the contractor's experience, City Staff's responsibilities, duties and
tasks of the City's contracted engineering firm, what authority State versus Federal
agencies have in this project, construction scheduled to start between the 11th and 18th of
January, and the options for paving of crosswalks. Council reached consensus in favor
of the "Brick Pavers" for the crosswalks. Mr. Petsos noted Mayor Randels had left a
note in favor of STS Pavers. Council reached consensus against having an entire
intersection done in textured pavement. Additional decorative lighting was discussed,
including locations, costs, funds, amount of lights, possibilities of volume discounts, and
details of the conduits. Council reached consensus to table lighting and conduit
discussions and come back to those issues at a later date.
Discussion regarding colored pedways ensued and included consistent colors throughout
the project and the option of regular, non -colored asphalt pedways being cheaper.
City Council Special Meeting
December 22, 2009
Page 2 of 2
Council reached consensus in favor of colored pedways. Discussion continued
regarding matching colors in after -the -fact repair jobs, color preferences, and trying to
match the shade of the Brick Pavers. Concrete driveways were discussed. Council
reached consensus in favor of cutting through/across concrete driveways to make
way for the pedway. Discussion moved to extending the project Northward to Ocean
Woods, including costs, the extension plan only entailing repaving the road and replacing
the existing sidewalk, and right-of-way concerns. Council reached consensus for Staff
to re-evaluate the Northward Extension plan and report back. "Humps" in the road
were briefly discussed. Bus shelter colors were discussed at length. Council reached
consensus for the bus shelters to be green and for this to be consistent with the
shades of green used throughout the project. It was .mentioned that Mayor Randels
had noted a preference for black. The exclusion of Washington .Avenue in the brick
paving and lighting parts of the project was brought up. Council reached consensus for
Staff to come back with "better prices" regarding Washington Avenue. A resident's
concrete wall on Lincoln Avenue was discussed; "includin.g costs to rebuild..the. wall, the
resident's wants and ability to afford it, the, location of the wall, right-of-way and
construction issues, maintenance concerns, it being. a unique situation,;: and possibly
sharing the cost with the resident. Mr. Ratliff stated that he would look into the "open"
issues and get back to Council on January 5th with answers,. if possible.
2. Video History Proiect: Discussion ensued and included years of City service listed
for people in the credits, sounds included. with the on-screen graphics, some difficulty in
following the timeline, historically -important buildings mentioned in the video, chapters in
the DVD, possibly putting clips. from the video on a website, how to give the City raw
copies of the interviews used in the video, "lessons learned" and "next steps"
recommendations from this video title issues for certain interviewees, compression costs
for the video, the possibility of writing_ an abstract, a preference for a simple DVD menu,
cover -art and cover -title options, and distribution plans.
ADJOURNMENT'
There being no further business the Chair adjourned the meeting at 8:41 P.M.
Mia Goforth, Deputy City Clerk Buzz Petsos, MAYOR PRO TEM
CITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, West Entrance
Tuesday
April 6, 2010
5:30 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5:30 P.M.
ROLL CALL:
Council Members Present:
Council Member
Bob Hoog
Mayor Pro Tem
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
Acting City Manager Angela Apperson
Acting City Clerk Mia Goforth
DISCUSSION:
1. Review City Manager Semi-finalists and Select Five Finalists: Colin Baenziger of
Colin Baenziger and Associates introduced himself and reported the process of narrowing
down the field of City Manager candidates from 108 to thirteen semi-finalists, including
discussion of a candidate that dropped out and one that was reconsidered. Mr. Baenziger
then proposed a process of Council members each choosing up to five candidates to
personally interview, with those Council choices also forming a rudimentary "straw poll" to
further narrow down the field of candidates. Details of various candidates' backgrounds
were discussed. Through the two rounds of the straw poll, the finalists were
narrowed down to John Berchtold, James Bursick, John Drago, David Greene, and
Cory Carrier, with Shane Crawford as the first alternate and Micky Webb as the
second alternate.
Discussion ensued and included contacting the finalists, the City's obligations for the
candidates' travel and lodging expenses, information to be provided to the candidates on
CD-ROM, the process of involving the alternates, the interview process and Special
Meeting on April 16th, and concerns over interviewing Ms. Carrier on an earlier date due
to a scheduling conflict. Council reached consensus to hold a Special Meeting on
City Council Special Meeting
April 6, 201 Q
Page 2 of 2
April 13, 2010 at 5:00 p.m. to interview Cory Carrier. Additional discussion ensued and
included the scheduling of individual Council member interviews with Ms. Carrier on April
13th prior to the Special Meeting, adjustments to the Interview and Special Meeting
schedules of April 17th, and the invitation list to the April 16th reception. The Council
thanked Mr. Baenziger and his staff for their continuing work on the selection process.
ADJOURNMENT:
There being no further business the Chair adjourned the meeting at 6:16 P.M.
Rocky Randels, MAYOR
Mia Goforth, Acting City Clerk
CITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, West Entrance
Tuesday
April 13, 2010
5:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5:05 P.M
ROLL CALL:
Council Members Present:
Council Member Bob Hoog (arrived at 5:11 P.M.)
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member Shannon Roberts
Council Member Betty Walsh
Others Present:
Acting City Manager Angela.Apperson
Public Works Director Walter;Bandish
City Treasurer Andrea Bowers,,'
Planning & Development Director Barry Brown
Acting City Clerk Mia Goforth
Parks & Recreation Director Robert Lefever
Building Official ToddWorley
Sheriff's Department Commander Alan Moros
Fire Chief" Dave Sargeant
DISCUSSION:
1. Interview City Manager Candidate Cory B. Carrier: Discussion ensued and
included Ms. Carrier describing the challenges and positives she sees in Cape Canaveral,
how she would conduct herself as City Manager, involvement of City residents and
governmental agencies, 'arid some of Ms. Carrier's past experiences as City Manager.
Ms. Carrier then answered questions from the audience and City Staff. The Council
thanked Ms. Carrier for applying for the position.
ADJOURNMENT:
There being no further business the Chair adjourned the meeting at 5:35 P.M.
Mia Goforth, Acting City Clerk
Rocky Randels, MAYOR
CITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, West Entrance
Saturday
April 17, 2010
1:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 1:06 P.M.
ROLL CALL:
Council Members Present:
Council Member
Bob Hoog
Mayor Pro Tem
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts.
Council Member
Betty Walsh
Others Present:
Acting City Manager Angela Apperson
DISCUSSION:
1. Review Interview Procedures: Colin Baenziger of Colin Baenziger and Associates
detailed the interview, procedures and expectations, including the method through which
audience. members can submit questions to be asked of the candidates during the
interviews, and noted that one of the candidates, Cory Carrier, was interviewed at a prior
meeting due to a scheduling.conflict.
2. Interview City Manager Candidate John Berchtold: Mr. Berchtold thanked the
Council and introduced himself, describing his interest in the position along with his
history and work experience. Each Council Member, in turn, asked Mr. Berchtold
questions. Subjects discussed included Community Redevelopment Agencies, traffic
calming projects, residency, visions for the future of Cape Canaveral, and difficulties the
City is facing. The Council thanked Mr. Berchtold.
3. Interview City Manager Candidate Jim Bursick: Mr. Bursick introduced himself,
detailing his history, education, and municipal experience. He then addressed questions
posed by Members of the Council. Discussion included what attracted Mr. Bursick to
Cape Canaveral, how experience with other cities could be utilized, residency, leading the
City into the future, historic preservation projects, redevelopment efforts, career goals,
and City partnerships. The Council thanked Mr. Bursick.
City Council Special Meeting
April 17, 2010
Page 2 of 2
4. Interview City -Manager Candidate ,John Drago: Mr. Drago discussed the role the
public had in achieving the accomplishments in his career and the challenges he has
faced. He responded to individual Council Member questions regarding the immediate
duties a City Manager would need to tackle in the City, Visioning experience, residency,
utilizing the City's assets to move positively towards the future, privatizing departments in
the City of Okeechobee, historic districts, and pension plans. Mr. Drago commended the
Public Works department and thanked the Council.
5. Interview City Manager Candidate David Greene: Mr. Greene expressed his strong
interest in the Cape Canaveral City Manager position. Questions and discussion ensued
regarding economic development, prior experiences and successes as a City Manager,
residency plans, Visioning, personal ties to Brevard County, wanting to make a difference,
optimizing City assets, overcoming mistakes, the. pace of local governments, and
experience with "green" initiatives. The Council thanked Mr. Greene.
At the end of the meeting, Colin Baenziger explained the "next steps" for the Council in
the selection process, to be addressed at a later meeting. The Council thanked Mr.
Baenziger for all of the work and effort he and his staff put into the selection process.
ADJOURNMENT:
There being no further business the Chair adjourned the meeting at 2:53 P.M.
Rocky Randels, MAYOR
Angela Apperson, Acting City Manager
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12121/2010
Item No. Z
Subject: Approve Contract between the Florida Department of Corrections (Department) and the City
of Cape Canaveral (Agency) for the renewal of Inmate Labor Contract; Work Squad Contract #WS641.
Department: Public works
Summary: Annual Inmate Labor Contract Renewal
• City of Cape Canaveral (Agency) and Florida Department of Corrections (Department) Work
Squad Contract #WS641.
• Use of inmate labor in work programs, under the supervision of the Department's staff and
providing mutual benefits and considerations to both parties.
• Contract renewal term begins March 12, 2011 and runs through March 11, 2012 with annual
renewal options.
• Physical custody, transport to worksites and inmate security will be the responsibility of the
Department.
• Schedule of work and all associated requirements will be the responsibility of the Agency.
• Agency annual cost of the contract is $56,467.00 (includes officer salary, position related
expenses and administrative costs).
Submitting Department Head: Walter Bandish Lp Date: 12/13/10
Attachment(s): Letter to City Manager and Work Squad Contract #WS641
Financial Impact: There is no increase in cost from the previous Contract. Sufficient monies are
budgeted to satisfy the Contract requirements.
Reviewed by City Treasurer: Andrea Bowers Date: 12/13/10
The City Manager recommends that City Council take the following action(s):
Approve the contract between the Florida Department of Corrections (Department) and the City of Cape
Canaveral (Agency) for the renewal of hvmate Labor Contract.
Approved by City Manager: David L. Greenec_7`4t%- Date: 12/13/10
City Council Action: [ ] Approved as Recommended [ J Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
FLORIDA
DEPARTMENT of
CORRECTIONS
Governor
CHARLIE CRIST
Secretary
An Equal Oppor1writy Employer WALTER A. MCNEIL
2601 Blair Stone ].toad • Tallahassee, FL 32399-2500
December 3, 2010
David L. Greene, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
RE: Work Squad Contract #WS641
Dear Mr. Greene:
httpa/www.dc.state.fl.0 s
Enclosed for signatures are two (2) originals of Work Squad Contract #WS641 between the Department of
Corrections and your agency. This Contract will replace #WS498 effective March 12, 2011.
To provide a seamless transition in contracting, please have both originals of the enclosed contracts signed
and returned to this office, via Express Mail, by January 15, 2011. If your agency requires a longer
period for approval and execution of the enclosed documents, please contact me at the telephone number
shown below to request an alternate date upon which our office can expect submission. Once this Contract
has been executed by the Department, one (1) executed original of the Contract will be returned to your
agency.
As a reminder, please be advised:
to include the Contract #(WS641) on all correspondence;
that changes to the scope of services cannot be made except through a formal Contract amendment,
executed by both parties, and issued by this office; and
that services may not be provided after the expiration date unless the Contract has been extended or
renewed.
If there are any questions, please call me at (850) 4104206.
Since
Katrina ergu on .
Government Operations Consultant I
Contractual Services Section
Bureau of Procurement and Supply
Enclosure
CONTRACT # WS641
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral
("Agency") which are the parties hereto.
WITNESSETH
WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida
Administrative Code„ provide for the use of inmate labor in work programs;
WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the
supervision of the Department's staff;
WHEREAS, City of Cape Canaveral is a qualified and willing participant with the Department to contract for an
inmate work squad; and
WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of
the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows:
L CONTRACT TERMMENEWAL
A. Contract Term
This Contract shall begin on March 12, 2011 or the Iast date of signature by all parties, whichever
is later.
This Contract shall end at midnight one (1) year from the last date of signature by all parties or
March 11, 2012, whichever is later. In the event this Contract is signed by the parties on different
dates, the Iatter date shall control.
B. Contract Renewal
This Contract may be renewed, at the option of the Agency, for one (1) additional one (1) year
period after the initial Contract period upon the same terms and conditions contained herein. The
Contract renewal is at the Agency's initiative with the concurrence of the Department. The
Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days
prior to the Contract expiration.
Page 1 of 12
Master Document Revised 2010
CSTO]KI_'Yi1i i
II. SCOPE OF CONTRACT
A. Administrative Functions
Each party shall cooperate with the other in any litigation or claims against the other party
as a result of unlawful acts committed by an inmate performing services under this
Contract between the parties.
2. Each party will retain responsibility for its personnel, and its fiscal and general
administrative services to support this Contract.
Through their designated representatives, the parties shall collaborate on the development
of policies and operational procedures for the effective management and operation of this
Contract.
B. Description of Services
Responsibilities of the Department
a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad will
be provided by the Department. The Department shall provide one (1)
Correctional Work Squad Officer position to supervise an inmate work squad.
This Contract provides for one (1) Work Squad of up to eight (8) inmates.
b. The Department shall ensure the availability of the work squad except: when
weather conditions are such that to check the squad out would breach good
security practices; when the absence of the Correctional Work Squad Officer is
necessary for reasons of required participation in training or approved use of
leave; when the officer's presence is required at the institution to assist with an
emergency situation; when the officer is ill; or when the Correctional Work Squad
Officer position is vacant. In the event a position becomes vacant, the Department
shall make every effort to fill the position within five (5) working days.
C. For security and other reasons, the Department shall keep physical custody of the
vehicles, trailers, and all tools, equipment, supplies, materials and personal work
items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department
shall maintain an inventory of all property, expendable and non -expendable,
provided by the Agency, which is in the care, custody, and control of the
Department.) A hand receipt shall be signed by the Department's Work Squad
Supervisor upon the issuance and return of non -expendable items.
d. In the event of damage to property as a result of an accident charged to a
Department employee or blatant acts of vandalism by inmates, or loss of tools and
equipment, the Agency may request that the Department replace or repair to
previous condition the damaged or lost property.
e. The Department shall be reimbursed by the Agency for the Department's costs
associated with this Contract in accordance with Addendum. A.
Page 2 of 12
Master Document Revised 2010
Once the Agency reimburses the Department for the costs reflected on Addendum
A, Section IV., these items will be placed on the Department's property records, as
appropriate, and upon the end or termination of this Contract such items will be
transferred to the Agency.
f. The Department shall, to the maximum extent possible, maintain stability in the
inmate work force assigned to the work squad on a day-to-day basis in order to
maximize the effectiveness of the work squad.
g. The Department shall provide food and drinks for inmates' lunches.
h. The Department shall be responsible for the apprehension of an escapee and
handling of problem inmates. The Department shall provide transportation from
the work site to the correctional facility for inmates who refuse to work, become
unable to work, or cause a disruption in the work schedule.
L The Department shall be responsible for administering all disciplinary action taken
against an inmate for infractions committed while performing work under this
Contract.
The Department shall provide for medical treatment of ill or injured inmates and
transportation of such inmates.
k. The Department shall provide inmates with all personal items of clothing
appropriate for the season of the year.
I. The Department shall be responsible for driving the Correctional Work Squad
Officer and the inmates to and from the work site.
M. Both parties agree that the Department is making no representations of the level of
skills of the work squad.
2. Responsibilities of the Agency
a. The Agency shall periodically provide the Department's Contract Manager with a
schedule of work to be accomplished under the terms of this Contract. Deviation
from the established schedule shall be reported to, and coordinated with, the
Department.
b. If required, the Agency shall obtain licenses or permits for the work to be
performed. The Agency shall provide supervision and guidance for projects that
require a permit or which require technical assistance to complete the project.
c. The Agency shall ensure that all projects utilizing inmates are authorized projects
of the municipality, city, county, governmental Agency, or non-profit organization
and that private contractors employed by the Agency do not use inmates as any
part of their labor force.
Page 3 of 12
Master Document Revised 2010
CONTRACT # WS641
d. The Agency shall retain ownership of any vehicles or equipment provided by the
Agency for the work squad. The Agency shall maintain its own inventory of
transportation, tools and equipment belonging to the Agency.
e. The Agency shall provide vehicles for transportation of the work squads.
3. Communications Equipment
It is the intent of this Contract that the Work Squad have and maintain communication
with the institution at all times. A method of communication (radios, cellular phone, etc.),
shall be provided at no cost to the Department. The Agency shall provide a primary
method of communication that shall be approved by the Contract Manager in writing prior
to assignment of the work squad. Dependent upon the method of communication
provided, the Contract Manager may require a secondary or back-up method of
communication.
All radio communication equipment owned or purchased by the Agency that is
programmed to the Department's radio frequency and used by the work squad(s), whether
purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by
the Department at no cost to the Agency upon the end or termination of this Contract.
Under no circumstances shall the Agency accept the return of radio communications
equipment provided to rhe Department under this contract until such time as the radio
communications equipment has been deprogrammed by the Department.
At the end or termination of this Contract, the Department's Contract Manager will contact
the Department's Utility Systems/Communications Engineer in the Bureau of Field
Support Services, Central Office, to effect the deprogramming of radio communications
equipment provided by the Agency.
a.. Vehicle Mounted Radios:
Vehicles provided by the Agency that are or that will be equipped with a
mobile/vehicle mounted radio programmed to the Department's radio
frequency(ies) will be retained by the Department to ensure security of the
communication equipment except for short durations dictated by the need for
vehicle and/or communications equipment maintenance and/or repair. The use of
these vehicle(s) during the period covered by this Contract shall not be for any
purpose other than as indicated in this Contract.
b. Hand field Radios:
Hand held radios provided by the Agency that are or that will be programmed to
the Department's radio frequency(ies) will be retained by the Department to ensure
security of the communication equipment except for short durations dictated by
the need for maintenance and/or repair. The use of any hand held radio(s)
provided by the Agency that is programmed to a Department radio frequency
utilized by the Agency during the period covered by this Contract shall not be for
any purpose other than as indicated in this Contract.
Page 4 of 12
Master Document Revised 2010
CONTRACT # WS641
G. Cellular Phones:
Cellular phones may be utilized by the work squad officer as either a primary or
secondary means of communication as approved by the Contract Manager. The
Contract Manager shall designate whether the usage of a cellular phone is required
on Addendum A. The cellular phone will be retained by the Department and upon
the end or termination of this Contract, returned to the Agency. The use of the
cellular phone is not authorized for any purposes other than as indicated in this
Contract.
4. Other Equipment
The Contract Manager shall determine if an enclosed trailer -is required for the work squad
to transport tools and equipment utilized in the performance of this Contract and shall
notify the Agency when a trailer is necessary. The Contract Manager shall designate
whether the usage of an enclosed trailer is required on Addendum A.
If a trailer for the work squad is provided by the Agency at no cost to the Department, and
the Department maintains the trailer when the squad is not working, the Agency shall
provide an enclosed trailer that can be secured when notJn use. All tools and equipment
utilized by the work squad shall be secured in the trailer. Upon the end or termination of
this Contract, the trailer will be returned to the Agency.
M. COMPENSATION
A. Payment to the Department
1. Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of
Addendum A, shall be due and payable upon execution of the Contract. The Department will
not proceed with the purchase until payment, in full, has been received and processed by the
Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result
in start-up postponement or interruption of the services provided by the Work Squad.
2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of
Addendum A; will be made quarterly, in advance, with the first payment equaling one-fourth
of the total amount, due within two (2) weeks after the effective date of the Contract. The
second quarterly payment is due no later than the 20'b day of the last month of the first
Contract quarter. Payment for subsequent consecutive quarters shall be received no later than
the 20'x' day of the last month of the preceding Contract quarter.
3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant
for a period of more than five (5) working days, the next or subsequent billing will be adjusted
by the Department for services not provided.
4. The Agency shall insure any vehicles owned by the Agency used under this Contract.
5. The rate of compensation shall remain in effect through the term of the Contract or subsequent
to legislative change. In the event there is an increase/decrease in costs identified in
Addendum A, this Contract shall be amended to adjust to such new rates.
Page 5 of 12
Master Document Revised 2010
CONTRACT # WS641.
B. Official Payee
The name and address of the Department's official payee to whom payment shall be made is as
follows:
Department of Corrections
Bureau of Finance and Accounting
Attn: Professional Accountant Supervisor
Centerville Station
Call Box I3600
Tallahassee, Florida 32317-3600
C. Submission of Invoice(s)
The name, address and phone number of the Agency's official representative to whom invoices
shall be submitted to is as follows:
David L. Greene, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32932
Telephone: (321) 868-1230
Fax: (321) 868-1224
E-mail: d greene[1a cityofcapecanaveral.org
IV. CONTRACT MANAGEMENT
The Department will be responsible for the project management of this Contract. The Department has
assigned the following named individuals, address and phone number as indicated, as Contract Manager
and Contract Administrator for the Project.
A. Department's Contract Manager
The Warden of the Correctional Institution represented in this Contract is designated Contract
Manager for the Department and is responsible for enforcing performance of the Contract terms
and conditions and shall serve as a liaison with the Agency. The position, address and telephone
number of the Department's Contract Manager for this Contract is:
Warden
Brevard Correctional Institution
855 Camp Road
Cocoa, Florida 32927-3709
Telephone: (321) 634-6010
B. Department's Contract Administrator
The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the
Department and is responsible for maintaining a Contract file on this Contract service and will
serve as a liaison with the Contract Manager for the Department. The name, address and
telephone number of the Department's Contract Administrator for this Contract is:
Page 6 of 12
Master Document Revised 2010
CONTRACT # WS641
Chief, Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Telephone: (850) 410-4091
Fax: (850) 922-8897
C. Agency's Representative
The name, address and telephone number of the representative of the Agency is:
David L. Greene, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32932
Telephone: (321) 868-1230
Fax: (321) 868-1224
E-mail: d. eene ci ofca ecanaveral.or
D. Changes to Designees
In the event that different representatives are designated by either party after execution of this
Contract, notice of the name and address of the new representatives will be rendered in writing to
the other party and said notification attached to originals of this Contract.
V. CONTRACT MODIFICATIONS
Modifications to provisions of this Contract shall only be valid when they have been rendered in writing
and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any
applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary.
VI. TERMINATION/CANCELLATION
Termination at Will
This Contract may be terminated by the Agency upon no less than sixty (60) calendar days' notice and
upon no less than thirty (30) calendar days by the Department, without cause, unless a lesser time is
mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt
requested), by other method of delivery whereby an original signature is obtained, or in-person with proof
of delivery. In the event of termination, the Department will be paid for all costs incurred and hours
worked up to the time of termination. The Department shall reimburse the Agency any advance payments,
prorated as of the last day worked.
VII. CONDITIONS
A. Records
The Department
electronic storage
practices.
Master Document Revised 2010
and the Agency agree to maintain books, records and documents (including
media) in accordance with generally accepted accounting procedures and
Page 7of12
CONTRACT # WS641
The Department and the Agency agree to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or
received by the Agency in conjunction with this Contract. It is expressly understood that
substantial evidence of either the Department's or the Agency's refusal to comply with this
provision shall constitute a breach of Contract.
B. Annual Avpropriation
The Department's performance under this Contract is contingent upon an annual appropriation by
the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and
in Section III, COMPENSATION.
C. Disputes
Any dispute concerning performance of the Contract shall be resolved informally by the Contract
Manager. Any dispute that can not be resolved informally shall be reduced to writing and
delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall
decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to
the Contract Administrator and Contract Manager.
D. Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under this Contract or interruption of performance resulting directly or indirectly
from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor
disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are
beyond the reasonable control of the party claiming excuse from liability resulting therefrom.
E. Severability
The invalidity or unenforceability of any particular provision of this Contract shall not affect the
other provisions hereof and this Contract shall be construed in all respects as if such invalid or
unenforceable provision was omitted.
F. Verbal Instructions
No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of
any discussions with any Department employee. Only those communications which are in writing
from the Department's administrative or project staff identified in Section IV, CONTRACT
MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf
of the Department. Only communications from the Agency that are signed and in writing will be
recognized by the Department as duly authorized expressions on behalf of the Agency.
G. No Third Party Beneficiaries
Except as otherwise expressly provided herein, neither this Contract, nor any amendment,
addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be
construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto.
Page 8 of 12
Master Document Revised 2010
CONTRACT # WS641
Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall
not be construed to be a modification of the terms of this Contract.
This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action
hereon or in connection herewith shall be brought in Leon County, Florida.
This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
AGENCY: CITY OF CAPE CANAVERAL
SIGNED ,
BY:
NAME:
TITLE:
DATE:
FE1D #:
DEPARTMENT OF CORRECTIONS
SIGNED
BY:
NAME: Richard D. Davison
TITLE: Deputy Secretary
Department of Corrections
DATE:
Master Document Revised 2010
Approved as to form and
legality, subject to execution.
SIGNED BY:
NAME: e
Kathleen Von Hoene
TITLE: General Counsel
Department of Corrections
DATE: 11117110
Page 9 of 12
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/2112010
Item No.
Subject: Approve the Agreement between the City of Cape Canaveral and the International
Union of Operating Engineers, Local 673 (AFL-CIO)
Department: Administration
Summary: The Agreement between the City and the Union expired September 30, 2010.
Staff has been in active negotiations for the past few months. The Agreement is for a three-
year period, October 1, 2010 through September 30, 2013. It provides a re -opener of no more
than three articles annually, subject to a 120 -day notice prior to September 30`h of each year.
The Union has approved the Agreement and it is attached for your review. The substantive
changes are:
1.1 —Added the position title of Instrument Control Technician
2.2 — Probation period is increased to 180 days
7.1 — Changed Step III to reflect HR Director; changed Step IV to give appeal to the City
Manager and moved former step IV to V
7.3 — Added "Any act or omission not grieved within ten (10) days of its occurrence will be
deemed waived"
9.2 — Added "Employees who choose to launder their own uniforms may do so at their own
expense. However, they will also be held financially responsible for any damage to the uniform
during this process." Changed safety shoe allowance from $75.00 to $100.00. Additional cost
is estimated at $ 600.00 per year
10.1 — Probation period increased to 180 days
11.3 — Section was reworded and additional accruals were added for employees who have been
employed longer than 20 years. Removed the requirement for the City Manager to have to sign
leave requests. Changed the accrual carryover from two times the annual rate of accrual to cap
the accrual at 320 hours
11.4 — Clarified the sick leave accrual for part-time employees; changed the maximum accrual
from 400 hours to 720 hours, the same as all other City employees; changed the Sick Leave
Incentive to reflect use of less than 8 hours of sick leave from December to December the next
year shall receive 3 additional vacation days or receive 3 days pay
11.5 — added step parents and step children to the list of Immediate family
13.1 — removed the requirement for job vacancies to be posted the next business day after the
City becomes aware of the vacancy
13.3 — Probation period increased to 180 days
15 — This entire section was reworded. Stand-by-Pay was changed from 2 hours over-time to 4
hours straight time. Additional cost is estimated at $ 900.00 per year
16 — No COLA for FY 2010111. Added "as budget allows" in reference to merit wage increases.
Merit wage increase is only for receiving a Very Good or better on their performance evaluation
19 — Added the payment of 10% toward dependant health care coverage
Submitting Department Head: Angela M. Apperson Date: 12/10/10
Attachment(s): Proposed Agreement
Financial Impact: Minimum additional is $1,500. Additional increases would be determined
based upon scheduling decisions.
Reviewed by City Treasurer: Andrea Bowersi2ll�
Date: 12/13/10
The City Manager recommends that City Council take the following action(s):
Approve the Contract.
Approved by City Manager: David L. Greene'1` Date: 12/13/10
City Council Action: j ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
AGREEMENT
Between
THE CITY OF CAPE CANAVERAL, FLORIDA
(The Public Employer)
And
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 673 (AFL- CIO)
(The Union)
Effective October 1, 2010 through September 30, 2013
(as of 12/01/2010)
1
TABLE OC CONTENTS
ARTICLE PREAMBLE............................................................................ 3
1
UNION RECOGNITION.................................................................
3&4
II
MANAGEMENT SECURITY...........................................................
4&5
11.2
PROBATIONARY PERIOD FOR NEW HIRES ...............................
5
III
MANAGEMENT RIGHTS...............................................................
5 & 6
IV
UNION STEWARDS AND UNON REPRESENTATION ................
6&7
V
UNION SECURITY AND CHECKOFF ............................................
7&8
Vi
SPECIAL MEETINGS............................................................
8
V11GREIEVANCE
PROCEDURE........................................................
8 to 12
VIII
EDUCATION............................................................................
12 & 13
IX
UNIFORMS...........................................................................
13 & 14
XSENORITY
............................................................................
14
XI
LEAVES OF ABSENCE.........................................................
14 to 22
XII
DISCHARGE AND DISCIPLINE .............................................
22
XIII
PROMOTIONAL VACANCIES ................................................
23
XIV
BULLETIN BOARDS...... .........................................................
23 & 24
XV
HOURS OF WORK AND OVERTIME PAYMENT ..................
25
XVI
WAGES....................................................................................
25 & 26
XVII
DRUG-FREE WORKPLACE POLICY ..........................................
26 & 27
XVIII
SAFETY AND HEALTH............................................................
27
XIX
HEALTH INSURANCE............................................................
27 & 28
XX
SEVERABILITY........................................................................
28
XXI
ENTIRE AGREEMENT...............................................................
28
XXII
DURATION..............................................................................
28 & 29
PREAMBLE
This AGREEMENT is entered into as of October 1, 2010 between the City of Cape
Canaveral, hereinafter referred to as the City, and Local 673, International Union
of Operating Engineers (AFL-CIO), hereinafter referred to as the Union. It is the
intent and purpose of this Agreement to assure sound and mutually beneficial
working and economic relationships between the parties hereto, to provide an
orderly and peaceful means of resolving any misunderstandings or differences
which may arise, and to set forth herein the basic and full agreement between the
parties concerning rates of pay, wages, hours, and other terms and conditions of
employment. There shall be no individual arrangement contrary to the terms
herein provided. Either party hereto shall be entitled to required specific
performance of the provisions of this Agreement. It is understood that the City of
Cape Canaveral is engaged in furnishing essential public services, which vitally
affect the health, safety, comfort and general well being of the public. Both
parties hereto recognize the need for continuous and reliable service to the
public.
ARTICLE 1
UNION RECOGNITION
1.1 The City of Cape Canaveral recognizes the Union as the exclusive collective
bargaining representative for those employees that the Union is authorized
to represent; specifically the following "Blue" Collar Workers:
Wastewater Treatment-
Maintenance -
Plant Operator A
Plant Operator B
Plant Operator C
Operator Trainee
Instrument Control Technician
Maintenance Worker
Maintenance Specialist
3
Utilities Mechanic
Lab Technician
This representation is for the purpose of collective bargaining with respect
to rates of pay, wages, hours of employment and other conditions of
employment. The recognition is pursuant to the Certificate of the Florida
Public Employees Relations Commission, Certificate #774, decided in RC -87-
055 dated January 15, 1988.
1.2 It is further understood and agreed that the Business Agent will be the
official spokesman for said Union in any matter between the Union and the
City, except in relation to individual grievances.
1.3 The City and the Union affirm their joint opposition to any unlawful
discriminatory practices on the basis of age, race, color, national origin,
gender, disability, marital status, religion, and/or Union membership or
non -membership in connection with hiring, pay practices, promotion,
training, or in relation to any other term or condition of employment.
Further, the City and the Union affirm their joint opposition to any
retaliation against any employee who complains of unlawful discrimination
in good faith.
1.4 The use in this Agreement of the designation "he" in referring to any
person shall mean "he" or "she" wherever used
1.5 Employees shall have the right to join, or refuse to join the Union without
interference or intimidation/coercion by the City or the Union. Further, all
employees shall enjoy all rights and privileges as outlined in this
Agreement. The Union, however, is not obligated (except as may be
required by law) to assist any non-member in obtaining any right or
privilege sought set forth in this Agreement.
ARTICLE 11
MANAGEMENT SECURITY
2.1 Neither the Union nor any of its officers, agents or any employees covered
by this Agreement will instigate, promote, sponsor, engage in or condone
any strike, slow -down, concerted stoppage of work, concerted failure to
report for duty, concerted absence from work, concerted submission of
resignations, picketing to induce work stoppage, or any intentional
interruption of the operations of the City during the term of this Agreement
regardless of the reason for doing so. Management shall have the right to
4
discharge or otherwise discipline for cause, any or all employees who
violate the provisions of this paragraph.
PROBATIONARY PERIOD FOR NEW HIRES
2.2 A one hundred and eighty (180) day probation period applies to all newly
hired employees. The probationary employee will be evaluated during this
period by his immediate supervisor and Department Director.
A. A probationary employee's Department Director may request an
extension or reduction of the established probationary period. Any
such request must be made in writing to the City Manager and give a
detailed explanation of the request, with a copy of the probationary
employee's performance evaluation attached. The City shall have the
sole right to determine whether the probationary period of an
employee will be shortened or extended.
B. The City shall have the sole right to determine whether an employee
has successfully completed his probationary period. After successful
completion of the probationary period as determined by the City, the
probationary employee shall be reclassifiedas a regular employee.
C. The City has the sole discretion to discharge an employee at any time
within his probationary period.
D. The grievance procedure outlined in this Agreement is inapplicable to
decisions of the City related to this Article.
ARTICLE III
MANAGEMENT RIGHTS
3.1 Except as specifically abridged by any provision of the Agreement, the City
in order to accomplish its objectives, may exercise all previous rights,
prominent among which, but by no means wholly inclusive, are: retention
and reservation of all its normal inherent rights of its affairs in all respects,
in accordance with its responsibilities, whether exercised or not, including,
but not limited to its rights to determine and from time to time to re-
determine the number, location and type of work forces, facilities,
operations and methods, processes and equipment to be employed; the
scope of services to be performed, the method of service and the schedule
5
of work time; to contract and subcontract existing and future work, to
discontinue conduct of its mission or operations in whole or in part, to
determine whether and to what extent the work required in its operations
shall be performed by employees covered by any existing bargaining
agreement; to transfer its work from or to either in whole or in part, any of
its work forces or facilities and locations; to determine the number, types
and grades of positions or employees assigned to any organization or unit,
department or project, to establish and change work schedules,
assignments and facility locations; to hire, transfer, promote or demote
employees; to lay off, terminate, or otherwise relieve employees from duty
for lack of work or other legitimate reasons; to suspend, discharge, or
discipline employees for proper cause; to use supervisors or other City
employees to perform work of the kind performed by employees of the
unit, to implement technological systems; equipment and techniques and
otherwise to take such measure as management may determine to be
necessary for the orderly efficient and economical operation of the City. All
rights will be held within the provisions of Florida Statutes 447.209.
Article IV
UNION STEWARDS AND UNION REPRESENTATION
4.1 The City recognizes and shall deal with the Union Steward in all matters
relating to grievances.
4.2 A Steward assigned by the Business Agent shall represent the employees
covered by this Agreement.
4.3 Written notification of the Union Steward shall be furnished to the City
prior to the effective date of his assuming duties of office. The Union shall
notify the City promptly of any changes of such Union Steward. No Union
Steward will perform any grievance work unless the above has been
complied with.
4.4 Officials of the Union designated in writing may, with proper notification
and approval be admitted to the property of the City. The Steward may
investigate possible grievances during regular working hours provided he
informs the unit supervisor (who is not in the bargaining unit) of the time
s
necessary to investigate the possible grievances. Should additional time be
needed the Steward shall request it from the supervisor of the grievant.
ARTICLE V
UNION SECURITY AND CHECK OFF
5.1 The City will, by placing one (1) copy of the Agreement in each working
location, make available to employees in the bargaining unit copies of this
Agreement.
5.2 Upon receipt of a written authorization from an employee covered by this
Agreement, the City will deduct from the employee's pay the amount owed
to the Union by such employee for dues. It is understood that this provision
will provide for twelve (12) deductions per year, provided an employee is
on vacation during the payroll period for which dues would normally be
checked off and this employee's check is prepared in advance, every effort
will be made to deduct dues from the advance check. The City will remit to
the Union such sums within thirty (30) days. Changes in the Union
membership dues rate will be certified to the City in writing over the
signature of the authorized officer of the Union, and shall be done at least
thirty (30) days in advance of the effective date of such change. It is
understood and agreed that the Union will pay to the City a charge of
twenty-five dollars ($25.00) semi-annually on January 1 and July 1 for the
cost of dues deductions of members. The City remittance will be deemed
correct if the Union does not give written notice to the City within two (2)
calendar weeks after a remittance is received, of its belief, with reason(s)
stated therefore, that the remittance is incorrect. All Union dues shall be
collected by the City by payroll deduction and paid to the Union in the
above manner, provided however that such deduction is not less than
$5.00 per payroll period.
5.3 The Union will indemnify, defend, and hold the City harmless against any
claims made and against any suit instituted against the City on account of
any check off of Union dues.
5.4 Any employee may cancel his payroll deduction for Union dues upon
written request to the City and the Union with thirty (30) days notice.
5.5 No deduction shall be made from the pay of any employee for any payroll
period in which the employee's net earnings for the payroll period after
other deductions are less than the amount of dues to be checked off.
ARTICLEVI
SPECIAL MEETINGS
6.1 The City and the Union agree to meet and confer on matters of interest
upon written request of either party. The written request shall state the
nature of the matters to be discussed and the reason(s) for requesting the
meeting. Discussion shall be limited to matters set forth in the request or
other subjects mutually agreed to, but it is understood that these special
meetings shall not be used to re -negotiate this Agreement. Such special
meetings shall be held within ten (10) working days of receipt of the
written request and at a time and place mutually agreeable to both parties.
The Union shall have the right, at these special meetings, to recommend to
the City corrections to any alleged inequities known to the Union. Informal
meetings may be held at any time upon verbal agreement of the Union and
the City.
6.2 The statements and/or conduct of the City or the Union during special
meetings shall not be construed as a waiver of either party's right, if any, to
initiate collective bargaining, including impact bargaining, during the term
of this Agreement.
6.3 In the event either party desires to modify a certain article contained in this
Agreement, by mutual consent a letter of agreement may be drafted and
signed by the parties to supersede said article or provision.
ARTICLE VII
GRIEVANCE PROCEDURE
7.1 A grievance within the meaning of this Agreement shall consist of a dispute
about interpretations) and application(s) of a particular clause -or clauses of
this Agreement.
A. Step I
8
Within ten (10) working days of knowledge of an incident the
employee shall submit a written grievance on the prescribed form to
his immediate supervisor. The Supervisor shall have a meeting with
the employee to discuss the grievance. The employee may request a
Union Steward or Union Representative to be present at the meeting
with the supervisor to attempt to settle the grievance. The
supervisor will notify the employee of his or her decision in writing,
within five (5) working days after the meeting with the employee.
B. Step II
If the aggrieved employee feels that the matter has not been settled
or adjusted to his or her satisfaction in Step I, he or she may submit
the matter in writing to the Department Director within five (5)
working days after receipt of the supervisor's decision. The
Department Director will schedule a meeting with the employee and
the Union Steward within five (5) working days after receipt of the
grievance. The Department Director shall give his or her written
answer within five (5) working days after the scheduled meeting.
C. Step III
(1) If the grievance is not resolved to the employee's satisfaction
in Step 11, he or the Union Steward may present the grievance in
writing, to the HR Director within five (5) days of receipt of the
Department Director's answer to Step 11. With respect to grievances
involving discipline or discharge, the City and the grievant/Union
Steward shall make the following information available to each other
no later than five (5) working days after the initiation of Step III: All
witness statements, all provisions of this Agreement allegedly
violated, all documentation supporting the City's decision to
discipline or discharge, and all evidence tending to exonerate the
grievant. Failure to make this information available by the deadline
stated above shall preclude later use or consideration of any such
information in subsequent proceedings, unless both parties agree in
writing to accept additional information beyond the stated
timeframe.
(2) The HR Director shall conduct a meeting with the concerned
employee and the Union Steward within ten (10) working days of
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receipt of the notice of initiation of Step III and will render a decision
in writing within ten (10) working days thereafter.
D. Step IV
(1) If a grievance as defined in this Article has not been
satisfactorily resolved as outlined in the prior steps in writing the
Union may request the City Manager review the actions taken to
date. The City Manager will make a final ruling within five (5)
working days of receiving the request for review from the Union.
(2) Nothing in this Article shall be construed to prevent any
employee from presenting his own grievance without Union
representation through Step IV, if the Union declines to represent
the grievant on any basis other than lack of merit. Where the
grievant is not represented by the Union, the rights, obligations, time
limits and other provisions of Steps I through IV specifically
applicable to the Union, shall apply to the grievant.
E. Step V
(1) If a grievance as defined in this Article has not been
satisfactorily resolved within the grievance procedure, the Union may
request the City Manager's response as due in Step IV of the
Grievance Procedure be forwarded to the Federal Mediation and
Conciliation Service (or if not available, the American Arbitration
Association) with a copy to the City Manager, requesting a list of five
(5) arbitrators experienced in the field of the subject to be arbitrated.
The City and the Union within five (5) days of receiving the list of
proposed arbitrators shall meet to strike names. The Union and the
City will alternately eliminate one name at a time from the list until
one remains. The arbitration shall be carried out in compliance with
Article 7.2 of this Agreement.
7.2 Arbitration Provisions
The arbitration shall be conducted under the rules of Federal
Mediation and Conciliation Service (or if used: The American
Arbitration Association) subject to the following:
A. The Arbitrator shall have the jurisdiction and authority to
decide a grievance as defined in this Article and enforce
compliance with the terms and conditions of the Agreement;
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the issues submitted to the Arbitrator shall be based solely on
the original written grievance and the specific remedy
originally sought. The Arbitrator shall consider and decide only
the specific grievance issues presented to him in writing by the
City and the Union and shall have no authority to consider or
rule on any other matter which is stated in this Agreement.
Unless otherwise specifically agreed to by the City and the
Union in writing, the Arbitrator shall hold an evidentiary
hearing. Absent agreement by the City and the Union in
writing, such hearing should be limited to one day. No decision
of any Arbitrator in one case shall create a basis for retroactive
adjustment in any other case.
B. However, the Arbitrator shall not have authority to change,
amend, add to, subtract from, or otherwise alter or
supplement this Agreement or any part thereof or any
amendment thereto. The Arbitrator shall have no power to
limit or impair any right that is reserved to the City and the
Union by this Agreement.
C. The Arbitrator shall have no authority to consider or rule upon
any matter that is not a grievance as defined in the Agreement,
or which is not specifically covered by this Agreement. The
Arbitrator may, under powers granted by the terms of this
Agreement, direct any remedy, subject to the provisions of this
Agreement, permitted by law. However, the Arbitrator shall
have no power to order destruction of any City record, except
in accordance with Chapter 119, Florida Statutes. Any back pay
award shall be limited to the amount of wages the employee
would have otherwise earned from employment by the City
less any City -provided pension, paid leave, workers'
compensation payments, unemployment compensation, social
security disability payments and/or wages or income from
other employment.
D. The Arbitrator may not issue declaratory or advisory opinions
and shall confine himself exclusively to the question which is
presented, which question must be actual and existing.
E. Copies of the award of the Arbitrator, made in accordance with
the jurisdictional authority under this Agreement, shall be
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furnished to both parties within thirty (30) days of the hearing
and shall be final and binding upon both parties.
F. Each party shall bear the expense of its own witnesses and its
own representatives. The parties shall bear equally the
expenses of the impartial Arbitrator. Any party requesting a
copy of the transcript of such arbitration hearing shall bear the
cost of it.
7.3 GENERAL PROVISIONS:
A. The time limits of this grievance procedure may be extended by
mutual agreement in writing.
B. Any grievance shall be considered settled at the completion of any
step unless it is appealed within the time limits specified in Section
7.1.
C. Any act or omission not grieved within ten (10) days of its occurrence
will be deemed waived.
7.4 In the case of suspension or discharge, the Union may by-pass Steps I and II
and submit the grievance at Step 111.
ARTICLE VIII
EDUCATION
8.1 As the budget allows and with prior approval of the City; the City will pay
the actual costs for employees attending courses or schooling based on the
following schedule.
Grade Received
A
B
C
Reimbursement
100%
90%
70%
Satisfactory completion of courses not determined by letter grades will be
reimbursed at 100%. All schooling or courses attended must be approved in
advance by the City Manager and must be directly related to the
employee's job with the City in order to qualify for reimbursement. In the
event that an employee leaves the City's employ after less than one year
after completion of reimbursement for any courses or schooling, the
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employee shall reimburse the City for the actual costs on a pro rate basis
(monthly).
ARTICLE IX
UNIFORMS
9.1 The City agrees to provide work uniforms for the employees. The employee
shall wear any uniform and safety equipment provided while on duty.
Employees shall cover all visible tattoos.
9.2 The City will provide clean uniforms to employees of the Public Works
Department (Wastewater Treatment and Maintenance). The uniform shall
consist of one (1) shirt and one (1) pair of pants for each day. Employees
who choose to launder their own uniforms may do so at their own expense.
However, they will also be held financially responsible for any damage to
the uniform during this process. Employees covered by this article are
entitled to receive an annual reimbursement for one (1) pair of steel toe
safety shoes, not to exceed $100.0'0 per pair. All probationary employees
must provide their own safety shoes.
9.3 All employees who leave the employment of the City shall be responsible
for the replacement cost of lost uniforms. Any employee who leaves
his/her employment within twelve (12) months from his/her date of hire
shall reimburse the City for the cost of his or her safety shoes and uniforms
on a pro -rata basis (monthly). .
9.4 All employees shall conform to the dress code established by the
Department Director and the City. However, no employee may wear any
clothing of any kind that contains any language or image that could be
deemed offensive based upon a person's race, religion, national origin,
ethnicity, age, gender, marital status, pregnancy, disability, veteran status,
and /or any other characteristic protected by law. Further, no employee
may wear any clothing that advertises any alcoholic beverage; that
references use of illegal drugs, or that gives any other impression that casts
the City in a negative light. Tank tops, tube tops, halter tops, or low-cut
tops are not permitted under any circumstances. Shorts or skirts that end
more than one -inch above the knee are not permitted. Footwear must be
closed toed and must provide safety against workplace hazards. No
employee may work with any tattoos visible. No piercings other than ear
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piercings are permitted to be visible while at work. Employees are limited
to two ear piercings per ear while at work. Unusually colored hair or
extreme hairstyles are not permitted. All employees shall be required to
maintain personal hygiene so as not to be offensive or distracting to
persons of ordinary sensibilities. Employees violating this policy are subject
to disciplinary action up to and including termination of employment.
ARTICLE X
SENIORITY
10.1 Seniority shall be defined as the length of employment with the City of
Cape Canaveral. Seniority shall be acquired by a full time employee after
completion of a one hundred and eighty (180) day probationary period at
which time seniority shall be retroactive to the first day of employment.
10.2 In regard to layoff, recall, shift assignment- (selection of shift assignment by
seniority shall apply only upon. subsequent vacancies), and vacation
selection, classification seniority will prevail. Deviation may occur to comply
with licensing requirements.
ARTICLE XI
LEAVES OF ABSENCE
11.1 The following types of leaves are established: holiday, vacation, sick leave,
family & medical leave, funeral leave, workers compensation injury leave,
military leave, civil leave, training leave, and leave without pay.
11.2 Holidays with Pay — The following, and such other days as the City Council
may declare, are holidays for all full time employees of the City: New Year's
Day, Martin Luther King Day, President's Day, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving,
Christmas Eve, Christmas Day, and Employee's Birthday.
A. All regular full-time and part-time employees are eligible for paid
holidays in accordance with this Article. The following days will be
recognized as "holidays" for purpose of this Article: New Year's Day,
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Martin Luther King Day, President's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, Christmas Eve, Christmas Day, Veterans Day, and
Employee Birthdays. Employees who wish to take time off for
religious holidays other than Christmas and Christmas Eve (e.g. Yom
Kippur) may request substitution. Employees who do not wish to be
paid for religious holidays may request to substitute days off for
secular celebrations.
B. When a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be
observed on the following Monday. For employees on a workweek
Other than Monday through Friday, the City shall designate the
workday that shall be designated as a holiday.
C. Employees who are required to work on a holiday shall receive their
regular hourly rate in addition to pay for the holiday. Employees who
work on Thanksgiving, the day after Thanksgiving, Christmas Eve,
Christmas Day, and Independence Day shall receive pay at 1 and
times their regular rate in addition to pay for the holiday.
D. In order to receive pay for an observed holiday, an employee must
not have been absent without leave on the work day before the
holiday nor absent without leave on the day following the holiday.
11.3 PAID VACATION
A. Full-time regular employees shall accrue vacation in accordance with
the following formula:
Years of Employment
Work Days per year
Hours per year
Date of hire through 5th Anniversary
10
80
Day after 5th Anniversary through
15
120
10th Anniversary
Day after 10th Anniversary through
18
144
15th Anniversary
Day after 15th Anniversary through
20
160
20th Anniversary
1s
Day after 201h Anniversary through
21
168
21St Anniversary
Day after 21St Anniversary through
22
176
22nd Anniversary
Day after 22nd Anniversary through
23
184
23rd Anniversary
Day after 23rd Anniversary through
24
192
24th Anniversary
Day after 24th Anniversary through
25
200
end of service
Each employee's anniversary date (hire date) with the City shall
determine length of continuous. service and vacation eligibility.
B. New hires in their probationary period shall accrue paid vacation as
set forth in the preceding paragraph. If such employees fail to
successfully complete their probationary period, they will not be paid
for their accrued, unused vacation.
C. Employees shall not be eligible for paid vacation until completion of
their probationary period.
D. The City will endeavor to accommodate employee preferences in
considering vacation requests. However, the City's primary concern is
service to its citizens and other business-related interests. The
requirements of particular departments may require the City, in its
sole discretion, to preclude the use of paid vacation during certain
periods of the year. Further, the City, in its sole discretion, may
require the use of paid vacation in blocks of no less than five (5) days
(i.e. 40 hours),
E. Requests to take vacation shall be made at least five (5) working days
in advance of intended use. In the event that an emergency
necessitates shorter advance notice, the City, in its sole discretion,
may waive this requirement.
F. The employee should forward a completed application to take paid
vacation to their Department Director for approval.
a.6
G. Paid vacation need not be used during the year accrued, but may not
be accumulated in excess of 320 hours. Employees will not be
entitled to accrue additional paid vacation days once they have
reached the maximum allowed. Vacation days in excess of the
maximum will be forfeited.
H. Upon separation from City employment, employees shall be entitled
to compensation for any earned but unused annual leave on the
effective date of termination. This does not apply to employees who
have not satisfactorily completed their probationary period.
11.4 SICK LEAVE
A. All regular full-time and part-time employees are eligible for sick
leave. Sick leave with pay shall be granted only for the following reasons:
personal illness, physical illness, physical incapacitation, or enforced
quarantine of the employee in accordance with community health
regulations and for doctors and dental appointments.
B. Employees accrue sick leave at the rate of one working day (i.e., eight
hours) per month of full-time employment. Part-time employees accrue
sick leave at a rate of % a working day (i.e., four hours) per month. New
hires in their probationary period shall accrue sick leave as set forth in the
preceding sentence. If such employees fall to successfully complete their
probationary period, they will not be paid for their accrued, unused sick
leave.
C. Employees shall not be eligible to take sick leave until completion of
their probationary period.
D. Sick leave need not be used during the year accrued, but may not be
accumulated in excess of Seven Hundred and twenty (720) hours.
Employees will not be entitled to accrue sick leave time once they have
reached the maximum allowed. Sick days in excess of the maximum will be
forfeited.
E. Absence for a fraction or part of the day that is chargeable to sick
leave, in accordance with these provisions, shall be charged in increments
of not less than one hour.
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F. In granting sick leave with pay for reason of personal illness or
physical incapacity, the Department Director may request a written
statement by the employee's health care provider certifying that the
employee's condition necessitates his absence from work.
G. City employees are eligible to convert up to three (3) days of sick
leave to three (3) paid vacation days. The exchange rate is one (1) sick day
for one (1) paid vacation day up to a maximum of three (3) paid vacation
days per calendar year. No conversion will be granted where conversion
would reduce the employee's accrued sick leave below five (5) working
days. All requests for sick leave conversion must be submitted to the
employee's immediate supervisor seventy-two (72) hours in advance of the
paid vacation day requested. Requests for sick leave conversion must be
completed on the appropriate forms available from the Human Resources
Director.
H. Employees leaving the City, after successful completion of their
probationary period and in good standing (i.e., those who resign with ten
(10) working days notice, separate from employment for reasons other
than cause, return all City property) will receive fifty (50) percent payment
for all unused, accrued sick leave. Employees leaving the City under other
circumstances (i.e., those who fail to give reasonable notice of resignation,
fail to return City property, or are discharged for cause) will not receive
payment for unused, accrued sick leave.
1. An employee receiving sick leave and also receiving compensation
under Florida's Workers' Compensation law shall receive only that portion
of the sick leave which will, together with workers' compensation, equal
the employee's regular pay. Sick leave shall be charged accordingly.
J. Layoffs_ a full time employee who is laid off from a position for
reasons that are not attributable to the employee may, if re -appointed
within twelve (12) months, have available for necessary use the remaining
fifty percent of unused sick leave existing at the time of the layoff. When an
employee is transferred to another position, any unused sick leave, which
may be accumulated, shall continue to be available for the employee's use
as necessary.
K. Coordination with Sick Leave and Workers' Compensation Injury
Leave- An employee receiving sick leave with pay and also receiving
compensation under Worker's Compensation laws shall receive only that
18
portion of the regular salary which will, together with said compensation,
equal the employee's regular salary. Sick leave shall be charged accordingly.
The maximum period for use of sick leave in coordination with Workers'
Compensation shall be twenty (20) working days from the date of injury. All
employees are required to provide a current address and telephone
number to the Human Resources Director when on sick leave with Workers'
Compensation injury. The employee shall call in at least once per week to
the Human Resources Director on status of health.
L. Sick Leave Incentive- An employee who used less than eight (S) hours
of leave within any one (1) calendar year of service (beginning and ending
on December 15t) shall be eligible to receive three (3) additional vacation
leave days to be added to that person's annual leave or the employee may
request reimbursement for the additional leave during the first pay period
in December of the calendar year in which it is earned on a dollar for dollar
basis. Conversion of sick leave as addressed in Subsection G will not be
considered used sick leave for purposes of determining whether or not an
employee is eligible for three (3) additional annual leave days or
reimbursement as stated above.
11.5 Bereavement Leave — All full time employees may be granted, upon
approval of the Department Director, time off with pay not to exceed three
(3) days, in the event of a death in the employee's immediate family. Two
(2) additional days will be granted, when the employee shows proof of
travel outside of the State of Florida to attend a funeral of a member of
his/her immediate family.
a) "immediate family" is defined to include the following: parents, step
parents, children, step children, brothers, sisters, mother-in-law, father-
in-law, brothers-in-law, sisters-in-law, son-in-law, daughter-in-law,
grandparents and grandchildren of the employee and the employee's
spouse.
b) Funeral leave shall not be charged to vacation, holiday leave, or sick
leave.
c) Within thirty (30) days of using Funeral Leave, the employee shall
furnish proof of death to the Department Director.
11.6 Military Leave
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A military leave of absence will be granted to employees who are absent
from work because of service in the U.S. uniformed services in accordance
with the Uniformed Services Employment and Reemployment Rights Act
(USERRA). Advance notice of military service is required, unless military
necessity prevents such notice or it is otherwise impossible or
unreasonable.
Employees will continue to receive full pay while on leave for 30 day
training assignments and shorter absences. The portion of any military
leave of absence in excess of 30 days will be unpaid. However, employees
may use any available paid time off for the absence. Vacation, sick leave,
and holiday benefits will continue to accrue during a military leave of
absence.
Employees on military leave for up to 30 days are required to return to
work for the first regularly scheduled shift after the end of service, allowing
reasonable travel time. Employees on longer military leave must apply for
reinstatement in accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position they
would have attained had they remained continuously employed or a
comparable one depending on the length of military service in accordance
with USERRA. They will be treated as though they were continuously
employed for purposes of determining benefits based on length of service.
Contact the Human Resources Director for more information or question(s)
about military leave.
11.7 Civil Leave -
A. Full-time or part-time regular employees attending court or administrative
hearings, as a witness on behalf of the City or for jury duty during their
normal working hours shall receive full pay equal to their normal work
schedule for the hours they attend court, less any pay for jury duty service
pay by the Court. Employees seeking time off to attend to or testify in
other legal matters may use other forms of accrued leave (i.e., paid
vacation), with City approval.
20
B. Immediately upon receipt of a notice of jury service or a subpoena for
testimony, the employee shall notify the Department Director of the
requirement for civil leave.
a. Employees attending jury duty or giving testimony on a regularly
scheduled day off will not receive an additional day off.
b. Employees who are required to attend court, jury duty, or a hearing
for only a portion of a regular scheduled workday are expected to report to
their immediate supervisor when excused or released by the court or
hearing officer.
C. In the event a holiday shall occur, during the period of the
employee's jury duty, he shall receive pay for such holiday.
11.8 Training Leave- An employee may be granted leave with pay to attend
conferences, seminars and similar training upon approval of the City
Manager.
11.9 Leave of Absence Without Pay
A. Full-time and part-time regular employees are eligible to take a leave
of absence without pay. A request for leave of absence without pay
must be made in writing to the employee's Department Director, on
the prescribed form, and must be approved by both the Department
Director and the City Manager. New hires in their probationary
period are not eligible for leaves of absence without pay.
B. Employment shall be discharged with cause at the end of the
requested period if the employee does not return to work.
C. An employee on an approved leave of absence must keep the
Department Director informed of his current physical address and
telephone number. Further, an employee on an approved leave of
absence must notify his Department Director if he accepts any type
of employment with another entity. Such notification must be given
in writing to the Department Director within five (S) days of
accepting such other employment. Failure to abide by either of these
conditions will result in discharge from employment with cause.
D. During an unpaid personal leave of absence, no paid vacation days or
sick leave will accrue.
21
E. The employee will be returned to his previous position or to a similar
position with similar terms and conditions of employment. However,
the decision of whether to permit an employee to return from an
unpaid leave of absence and to what position and upon what terms
shall be within the sole discretion of the City.
F. Before returning to work from an unpaid leave of absence due to
medical reasons, the employee must provide certification from his
health care provider stating that the employee is fit to return to duty.
G. Leave of absence without pay for one (1) month or more shall cause
any merit increase anniversary date to be deferred for an equivalent
amount of time.
H. Group Life and Hospitalization Insurance coverage may be continued
while on a leave of absence without pay, provided the employee
pays all monthly premiums on or before the due date. During such
leave, the City shall not pay any portion of the
employee's/employee's dependents' insurance coverage. If a
monthly premium is delinquent and payment is not made by the
employee by cash or payroll deduction by the next applicable pay
period, coverage will be cancelled as of the date the payment
became delinquent. If coverage is cancelled due to non-payment,
coverage may not be reinstated until the employee returns to full-
time duty with the City and the requisite waiting period is observed.
11.10 Family and Medical Leave -Employees will be granted leave benefits in
accordance with the provisions of the "Family and Medical Leave Act of
1993" or as amended.
ARTICLE XII
DISCHARGE AND DISCIPLINE
12.1 No regular employee shall be removed, discharged, reduced in rank or pay,
suspended or otherwise disciplined except for cause.
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ARTICLE XIII
PROMOTIONAL VACANCIES
13.1 Notice of promotional vacancies in any existing positions within the
bargaining unit covered by this Agreement shall be posted for a period of
five (5) working days on all City bulletin boards. During this five (5) day
period, only bargaining unit members covered by this Agreement, who
have satisfactorily completed their probationary period and who received a
rating of "Satisfactory" or above on their last annual performance
evaluation, are eligible to apply and be considered for the promotion. On
the sixth day, all vacant budgeted positions are available to the general
public for application and consideration.
13.2 The vacancy will be filled on the basis of qualifications. Where qualifications
are equal, performance evaluations and seniority will be the deciding
factors. The employees shall be ranked in order of final finish with an
acceptable ranking procedure. The list shall be posted on the bulletin board
for one (1.) week or five (5) working days.
13.3 The probationary period for a current full-time or part-time employee
promoted to a new position will be one hundred and eighty (180) days.
ARTICLE XIV
BULLETIN BOARDS
14.1 The Union shall be provided partial use of suitable bulletin boards,
including at least one (1) at each working location so designated by the City.
The Union may, if it so desires, provide a bulletin board of standard size for
its own exclusive use in keeping with the decor of the working location with
the approval of the City.
14.2 The Union agrees that it shall use space on bulletin boards provided in
Section14.1 above, only for the following purposes:
1. Notice of Union Meetings
2. Union Elections
3. Report of Union Committees
23
4. Recreational and Social Affairs of the Union
5. Notices of Public Bodies
14.3 Copies of all materials, notices or announcements, before they are posted,
shall be submitted to the Department Director for review. Any items in
violation shall entitle the Department Director or City Manager to
immediately remove the items.
ARTICLE XV
HOURS OF WORK AND OVERTIME PAYMENT
15.1 Fair Labor Standards Act — In 1997, the Department of Labor decided that
municipalities are covered by the provisions of the Fair Labor Standards Act
(FLSA) which requires the payment of overtime to non-exempt employees
who work in excess of a standard number of work hours in a specified work
period. It is the policy of the City to comply with all provisions of the FLSA.
Non-exempt employees covered by this Agreement must be paid overtime
at a rate of at least one and one-half times an employee's basic hourly rate
of pay for hours worked in excess of 40 hours in any work week and each
work week must be considered separately in computing overtime.
15.2 Overtime — In any department overtime must be authorized or directed
only when it is in the. interest of the City and is the most practicable and
economical way of meeting workloads or deadlines.
For the purposes of computing overtime, vacation leave, sick leave, funeral
leave, jury duty, military leave and other absences from duty on active pay
status shall not be considered as time worked. Holidays shall be considered
as time worked for the purposes of overtime computation. Also, non-
exempt employees who work a City authorized holiday shall be paid in
accordance with section 11.2c.
In the event of special circumstances or local, state or federal declaration of
disaster, non-exempt employees will receive overtime for all hours worked
in excess of the standard work week (40 hours).
15.3 Call Back Time — An off-duty employee called back from off City premises to
assist in an emergency will receive a minimum credit of two hours for each
24
emergency call -out. An employee who answers an emergency call shall be
considered as being on -duty for the full two hours, and another call within
this two hours will not entitle the employee to any extra consideration,
except that the employee will be paid for all hours worked in excess of the
two hour period. Call back time will become effective at the time of the call
being made to the employee. The employee's payment of call back time
shall be at the over -time rate of pay.
15.4 Stand-by Pay — Employees assigned to stand-by duty will be compensated
at the rate of 4 hours of straight time per week. Stand-by time will not
count towards the accrual of sick leave, annual leave or overtime.
15.5 Employees assigned to a shift starting after 2:00 p.m., but before 6:00 p.m.,
and ending eight (8) hours later shall receive a shift differential of $0.35
cents per hour.
15.6 Employees must be ready to work at the shift starting time. There will be a
clean-up time of fifteen (15) minutes at the end of the shift for clean up.
ARTICLE XVI
WAGES
16.1 Employees wages shall be determined as set forth in the Pay and
Classification Plan for Fiscal Year 2010/2011, attached to this Agreement as
Exhibit One. Effective October 1, 2010, the employees will receive a 0%
increase for their classification as a cost of living adjustment (COLA).
Exhibit One shall be amended such that the bottom and top of each grade's
salary range will be adjusted equal to the COLA. Employees will be paid bi-
weekly.
16.2 An employee of the Wastewater Treatment Plant that obtains FDEP
certification as a Class A,B, or C Wastewater Operator during his/her
current employment with the City shall receive a fifty ($.50) cents per hour
increase. An employee covered under this Agreement that obtains a
Journeyman's or a Master's license in a job-related trade(s) as approved by
the Department Director during his/her current employment with the City
shall receive a fifty ($.50) cents per hour increase for a Journeyman's
license and a one ($1) dollar per hour increase for a Master's license.
25
16.3 The City shall grant a merit wage increase upon the successful completion
of the employee's probationary period with the attainment of very good or
better on their performance evaluation, as the budget allows.
16.4 A merit wage increase for all regular full-time and regular part-time
employees, who receive very good or better on their performance
evaluation shall be granted each year on the employee's annual review
date, after completion of the employee's performance evaluation, as the
budget allows.
a) Employees who have reached the maximum pay for a position shall be
eligible for an annual lump -sum bonus instead of a merit wage increase,
as the budget allows; however, said bonus shall not be added to their
base pay and will not be utilized for cost -of -living adjustments.
b) A merit increase or a lump sum bonus shall be awarded on a special
performance review for outstanding work performance, as the budget
allows.
c) The employee evaluation will not be changed, tampered with or added
to after the employee reviews and signs it.
BENEFITS
16.5 The City provides a Pension Plan for all qualifying employees. After one (1)
full year of employment has been completed, the City begins contributions
toward the employee's. pension at a rate of 7% of the employee's annual
salary. The City will participate in a matching contribution of up to 3% by
the City and by the employees. Employees are fully vested in the program
after five (5) years of service. Details of the plans are maintained in the
Human Resources Office.
ARTICLE XVII
DRUG FREE WORKPLACE POLICY
17.1 The City of Cape Canaveral strives to provide a safe environment and
encourages personal health and safety. In regard to this, the City considers
the abuse of drugs on the job to be an unsafe and counterproductive work
practice. Furthermore, the City sees substance abuse or use as a serious
threat to its employees and citizens. With these statements in mind, the
26
City of Cape Canaveral declares all work environments for City employees
as DRUG-FREE. Use of illegal drugs, alcohol, or abuse of prescription drugs
shall not be tolerated and shall subject individuals to disciplinary measures.
It is the intent of City Ordinance No. 15-92, as may be amended from time
to time, to implement a Drug -Free Workplace in accordance with the
standards set forth in Florida Statues, Chapter 440, Workers'
Compensation, Section 440.102, Drug -Free Workplace Program
Requirements. The following stipulation is hereby made on the Reasonable
Suspicion Testing portion of the City's Drug -Free Workplace Policy; before
an employee can be tested either the City Manager or the Human
Resources Director must recommend testing in addition to the employee's
supervisor.
ARTICLE XVIII
SAFETY AND HEALTH
18.1 The parties agree that the City will provide individually assigned lockers to
members of the bargaining unit who are regular full-time employees.
18.2 These lockers shall be used only for keeping personal property necessary
for work duties, spare clothing, and shoes, individually assigned City tools
and property, and lunch containers. No contraband, illegal drugs, neither
alcoholic beverages nor property belonging to other persons shall be placed
in these individually assigned lockers.
18.3 The parties agree that all lockers are City property and subject to checking
and inspections without prior notice. Any locks installed shall be upon
approval of the Department Director.
ARTICLE XIX
HEALTH INSURANCE
19.1 Parties agree that the City shall provide Group Health Insurance coverage
to bargaining unit employees at no cost to the employee. The City shall
also provide, at the employees cost, Group Health Insurance for their
spouse and other eligible dependents. The City and Union agree to re -open
this article upon receipt of annual renewal premiums.
27
19.2 The City of Cape Canaveral shall pay 10% of the dependant health care
coverage.
ARTICLE XX
SEVERABILITY
20.1 If any provision of this Agreement shall be found to be invalid by any court
having jurisdiction in respect thereof, such findings shall not affect the
remainder of this Agreement and the parties shall enter into collective
bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement provision and all other terms and provisions shall
continue in full force and effect.
ARTICLE XXI
ENTIRE AGREEMENT
21.1 The parties acknowledge that during negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed
by law from the area of collective bargaining, and that the understandings
and agreements arrived at by both parties after the exercise of that right
and opportunity are set forth in this Agreement. Therefore, the City and
the Union, for the duration of this Agreement, each voluntarily and
unequivocally waives the right and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter not
specifically referred to or covered in this Agreement even though such
subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time they negotiated or
signed this Agreement.
ARTICLE XXII
DURATION
28
22.1 The duration of this Agreement shall be for a period of three (3) years
provided that both the City and the Union shall have the ability to open
negotiations on no more than three (3) articles annually. Notice of intent to
open negotiations must be given at least one hundred twenty (120) days
before September 30 of each year of the Agreement's term.
This Agreement shall be effective October 1, 2010, and shall remain in force until
the expiration date of September 30, 2013.
CITY OF CAPE CANAVERAL, FLORIDA
BY:
David L. Greene, City Manager
Angela M. Apperson, CMC
City Clerk/Human Resource Director
Attest:
Mia Goforth, Administrative Assistant
NOTARY PUBLIC
INTERNATIONAL UNION OF
OPRATING ENGINEERS (AFL-CIO)
LOCAL 673
BY:
Travis L. Simmons Sr.
Business Manager
Kenneth Veenstra, Union Steward
Signed this day of 2010 by the City.
Signed this day of
29
2010 by the Union.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No.^
Subject: Approve purchase of `Blackboard Connect for Government", a communications tool, from
BIackboard, Inc. in the amount of $7,248.45.
Department: Administration
Summary: On October 19, 2010 the City Council adopted Resolution 2010-21 related to the Local
Mitigation Strategy Plan. The plan approved mitigation initiatives. One of the initiatives is to establish a
telephone emergency alert system. A portion of the draft Strategic Plan calls for improving
communications with residents. The Vision Statement advocates for a safe, secure and sustainable coastal
community.
Staff has looked for a program that will further the above initiatives and have found it in BIackboard
Connect, a mass notification platform that enhances communication and emergency preparedness. This
product allows personalized voice messages to be sent to land lines of the City's residents through a
single phone call. The City can also send text messages to cell phones, PDA's, e-mail accounts and
TTY/TDD receiving devices for the hearing impaired once residents have registered with the City. The
platform allows thousands of messages to be sent in minutes, requires no additional
hardware/software/telephone lines and can be used from any computer with Internet access or telephone.
The City receives detailed reports on contacts that did not receive a message, enabling follow up through
alternative means as needed. Messages can be sent to residents for many different things; such as
targeting a particular area which surrounds a property that has applied for a variance, a street
repair/closure, power outages, severe weather alerts, holiday garbage/yard waste/recycle pick up
schedules, volunteer call-ups, boil water notices, an evacuation, a special event or bill payments
reminders and notices.
Other products charge each time a message is sent. Blackboard Connect is unique because of the
unlimited use for a fixed fee of $7,248.45 for the 2011 calendar year and a similar amount each year
thereafter.
Submitting Department Head: Angela Apperson Date: 12/14/10
Attachment(s):
Blackboard Connect Brochure, Power Point Presentation and Quote
Financial Impact: There are sufficient funds in Contingenf i purchase.
Reviewed by City Treasurer: Andrea Bowers Date: to I � A Its
The City Manager recommends that City Council to a the following actions :
Approve the purchase of `Blackboard Connect for Government' from Blackboard, Inc. in the amount of
$7,248.45 using monies from General Fund Contingency which has a balance of $331,681.00.
Approved by City Manager: David L. Greene (9 —1>1- Date: QAq [to
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
IT
Trusted
Matters
rpwp�
/Aj�
When
Most
Notify Your Community in Minutes
The ability to communicate quickly and
effectively is a critical need. But, relying on one
mode of communication can mean only a small
fraction of your constituents get the message
in a timely manner. The Blackboard Connect
service provides local, state, and Federal
government agencies with the ability to
reach thousands in minutes.
Designed for simplicity and ease of use, Blackboard
Connect allows you to reach constituents using
multiple communication channels, including voice,
e-mail, SMS text messaging and TTY/TDD. This
multimodal approach allows a single message j
to be sent to multiple contact points, such as
cell -phones, landlines, e-mail accounts, PDAs,
and other text based devices.
Our experience in sending time -sensitive messages '�qq
is unmatched, as is our ease of use, calling capacity
and proven reliability. That's why government leaders
nationwide make Blackboard Connect the cornerstone of
their communication plan. From delivering time -sensitive
communications to promoting community involvement,
Blackboard Connect is the best way to provide leadership
through reliable, timely information in your own voice.
Prepare and Engage Constituents
From sending notifications during
hurricane season to promoting town
hall meetings, Blackboard Connect
gives you the power to reach your
constituents Within minutes.
Geo -Calling gives you the anility to easily target call
recipients using a map, without accessing a GIS.
Prepare for the Unexpected
Dependable communication is the key to
preparedness. When faced with a time -sensitive
situation, you need the ability to provide up-
to-the-minute information, quickly and reliably.
With Blackboard Connect, you'll contain
misinformation, control media spin and
maintain safety—while providing direction
and reassurance to residents, businesses
and media.
Involve and Engage Communities
There's no better way to address your community's
needs than by leveraging the power of strategic
communication. Use Blackboard Connect to
keep stakeholders informed, engaged, and
connected, whether you need to alert them to a
developing situation, or inform them about day-
to-day occurrences. From sending notifications
during hurricane season to promoting town hall
meetings, Blackboard Connect empowers you to
reach constituents whenever you need to.
Coordinate Internal Communications
The Blackboard Connect service enables you
to coordinate communications across multiple
departments, such as fire and police departments
and response teams. Supporting fiscal responsibility,
use of the Blackboard Connect service may be
shared by all departments—including health
departments and parks & recreation—at no extra
cost. Many of our clients report that the cost
of the service quickly pays for itself.
look
...,
_
kt
OWN4. 1l.au rli r' 4/l dl.f+��i rl,cun, rY,
Geo -Calling gives you the anility to easily target call
recipients using a map, without accessing a GIS.
Prepare for the Unexpected
Dependable communication is the key to
preparedness. When faced with a time -sensitive
situation, you need the ability to provide up-
to-the-minute information, quickly and reliably.
With Blackboard Connect, you'll contain
misinformation, control media spin and
maintain safety—while providing direction
and reassurance to residents, businesses
and media.
Involve and Engage Communities
There's no better way to address your community's
needs than by leveraging the power of strategic
communication. Use Blackboard Connect to
keep stakeholders informed, engaged, and
connected, whether you need to alert them to a
developing situation, or inform them about day-
to-day occurrences. From sending notifications
during hurricane season to promoting town hall
meetings, Blackboard Connect empowers you to
reach constituents whenever you need to.
Coordinate Internal Communications
The Blackboard Connect service enables you
to coordinate communications across multiple
departments, such as fire and police departments
and response teams. Supporting fiscal responsibility,
use of the Blackboard Connect service may be
shared by all departments—including health
departments and parks & recreation—at no extra
cost. Many of our clients report that the cost
of the service quickly pays for itself.
Blackboard
connect,
Experience You can Trust
Simple, Powerful Technology
Government leaders face an increasing need for In 2��8, over 370 million voice
secure and reliable alert and notification systems. messages and more than 46 million
With the Blackboard Connect service, local, state text -based messages were sent
and Federal agencies can deploy a mass notification using the Connect platform.
system—capable of reaching tens of thousands in
minutes via voice, e-mail, and text messages—with "After carefully evaluating
little training or set-up required.
many notification options, our
Optimized Reliability County decided to go with
Reliability of the Blackboard Connect service is Y
strengthened by both redundant systems and Blackboard Connect due to its
partnerships with multiple telecommunication experience in sending time-
providers across all major power interconnects. sensitive messages, speed Of y
Additionally, our patent -pending call routing and
throttling technology was specifically developed
delivery, ease of use and calling
to proactively identify local network congestion capacity. Just recently, we used
and re-route calls accordingly. / Connect to alert thousands
24/7/365 Client Care Support of people in minutes about
Blackboard Connect provides 24/7 Client Care to both a tornado warning and
all users. Our approach is tailored to each client
a missing person."
to provide advice and recommendations, best
practices, and real-time reporting. Our specialists
are trained to address your questions in a way
suited to your unique needs.
Proven Leader in Mass Notification
With nearly a decade of proven performance
in the mass notification industry and over one
billion messages sent, you know that you can
depend on Blackboard Connect. In 2008, over
370 million voice messages and more than 46
million text -based messages were sent using the
Connect platform.
Blackboard Connect `Lifeline' for Texas
City Residents During Hurricane Ike
Blackboard Connect was a communications lifeline
during Hurricane Ike. Between September 9 and 29,
2008—before, during, and
after the hurricane ---the
.Texas City Emergency
Hurricane Call Metrics
Operations Center
�) 32 different calls from
sent 32 unique voice
September 9th through
messages to over
September 29th, 2008.
16,000 households (over
Over 600,000
600,000 total attempted
distinct tails (not
including retries).
deliveries), using our
)) Texas City serves 16,000addresses.
mass notification service,
Blackboard Connect.
"We informed constituents about pre -storm
preparations, response and school closings,
etc. afterlandfall, and clean-up and restoration
of services in its aftermath, etc. We received
positive feedback from numerous citizens,
all grateful for the information delivered
to them in the calm, reassuring voice of a
municipal authority. Over the 2 1/2 week
span, as citizens received messages and
recognized the public safety benefit, we
even experienced a 2% increase in self -
registration of cell phone numbers to our
Connect database."
Bruce Clawson
Emergency Management Coordinator
Texas City, TX
Attachment 2
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Attachment 3
Blackboard Connectfor Governmento
` Quote
�k.'.. "P i-�.:3-fr.=kgY':'vF-.�'f::._L:��E1Ta:.-l°�✓-ii..�.:..-�' -t. �I}.�.;:, .yFs�'.`_� '.-...��.;-� -. :..:.:�',U1'L:+r'e.� �-r_.;i�-vi�FT.:'3sa:.i;.'=S-Ti✓.rtg;G�6C*._.,T�-`_'sw-.-.—�'+sr_€�t1'L'fi3:._e1in-.
Unlimited Use Service Proposal for City of Cape Canaveral, Florida
Company Information
Blackboard, Inc. DUNS Number: 01-613-1430
650 Massachusetts Ave NW Tax ID Number: 52-2081178
Washington, DC 20001 CAGE Number: 1QLN4
GSA Contract Number: GS -3517-0554M
PLEASE FAX ALL ORDERS TO 617-812-1064
Prices Valid through December 27, 2010
Service Summary: The Blackboard Connect for Government (f/k/a Connect-CTY) service allows government leaders to
provide notices, direction, and reassurance to reach thousands of constituents in minutes without having to invest in or
maintain hardware, software, or additional phone lines. Now, you can reach your entire community—quickly and reliably—with
voice, text, and email messages. Services include:
• An integrated communications suite, including Priority Communication, Community Outreach and Interactive Survey
• Voice and text/SMS delivery to multiple communication devices
• Geo -Calling feature lets you target recipients using a map
+ 24/7/365 proactive Client Care support
• Unlimited use for a fixed, annual fee
+ Initial set-up, training and refresher training sessions included
+ Delivery to up to four phones, four email addresses with one SMS phone per contact
• Superior call routing, throttling, and load balancing expertise
• Fully hosted and managed Software as a Service (SaaS) - no maintenance required
• Message delivery tracking with comprehensive reporting.
Quote Summary: All products and services quoted are available through the Blackboard Inc. GSA Schedule GS -35F -0554M
and pursuant to the Terms and Conditions negotiated therein. Please include in the purchase order all the information in
the price quote below, reference Blackboard GSA Schedule GS -35F -0554M, and attach this price quote in its entirety.
# Product
Initial Term & GSA Discount.' Annual
ScopeSIN
Desqrjp
PriceCion- e
Blackboard Connect
132-32 for Government
December 28, 2010 – December 27, 2011 $1.91 per
<$0> $7,248.45
Service
for 3,795 Recipients Recipient
132-32 Annual Support Fee
December 28, 2010 – December 27, 2011 $957.13 <$957.13> $0
Total Annual Fee $7,248.45
Note: Annual Support Fee is waived if Blackboard services are purchased by December 27, 2010.
Questions? Please call:Next
Stqps
James Price, Contracts
1. Fax Purchase Order and Signed Proposal to 617-812-1064.
2. Import Recipient data Blackboard Connect provides resident/ business data).
202-463-4860 x2791 or
3. Implementation of service and orientation for all designated system users.
Jack Graham, Sales Director
4. Begin sending Emergency Priority, Outreach and Interactive Survey messages.
703-669-4690
Blackboard Connect for Government (flk/a Connect-CTY) is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard
Inc. (NASDAQ:BBBB)
+ Proprietary and Confidential • www.blackboardconnect.com • U.S. Patent No. 6,896,878
CITY OF CAPE CANAVERAL, FL
Authorized Signatory:
Name & Title: David L. Greene
City Manager
Execution Date:
Address: 105 Polk Avenue
Cape Canaveral, FL 32920
Telephone: (321) 858-1230
Email: d.ereene@citvofcapecanaveral.org
BLACKBOARD CONNECT INC.
Authorized Signatory:
Name & Title: Phillip huff
Controller
Execution Date:
Address: Blackboard Connect Inc.
15301 Ventura Blvd., Building B, Suite 300
Sherman Oaks, CA 91403
Telephone: (818) 808-1722 Fax: (818) 450-0425
Email: phillip.huff@blackboardconnect.com
Blackboard Connect for Government (flkla Connect-CTY) is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard
Inc. (NASDAQ:BBBB) _.
• Proprietary and Confidential • www.blackboardconnect.com 9 U.S. Patent No. 8,816,878
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No. -5-
Subject: Ordinance No. 14-2010, Amending Chapter 54, Parks and Recreation, of the Code
of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending
Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and
Restrictions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions;
Incorporation into the Code; Severability; and an Effective Date.
Department: Community Development Department
Summary: At the August 17, 2010 City Council meeting, David Patty appeared requesting to
be permitted to sell his goods on the City's beaches. Consensus was reached to have Staff and
the City Attorney further study the beach vending issue and provide a recommendation on how
to allow beach or mobile vending within the City limits in some limited fashion.
This Ordinance revises the commercial solicitation provisions of the Parks and Recreation
Ordinance by allowing limited beach vending to be regulated as a City franchise. Solicitation on
the beach areas has always been prohibited. If approved, this change will permit exemptions to
that prohibition for franchises authorized by the Council.
At first reading on September 21, 2010, Council declined to approve the Ordinance and instead
directed that Staff research the cost and feasibility of holding a referendum vote of the City's
electorate. At its October 5, 2010 meeting, during open discussion and audience input, the
Council decided not to move forward with the referendum and directed that the matter be
brought back for discussion at its next meeting. On October 19, 2010, the Council directed that
certain revisions be made to the proposed Ordinance and that it be brought back for further
discussion. It has been revised consistent with Council direction as follows:
• Franchises limited to total of two (2)
• Merchandise limited to food and non-alcoholic beverages only
• Eliminated vendor appearance requirements
The revised Ordinance was discussed at the November 16th Council meeting. By consensus,
the Council decided to place the item on the next agenda for approval at 1St reading with
revisions regarding minimum attire requirements and a prohibition regarding motorized
carts/vehicles.
The Notice of Hearing for this Ordinance was published in the Florida Today newspaper on
November 10, 2010. The City Council passed Ordinance No. 14-2010 at the first hearing on
December 7, 2010.
Submitting Department Head: Angela Apperson Date: 12/13/10
Attachment: Ordinance No. 14-2010
Financial Impact: Franchise Fees would be determined at time of award through competitive
bid. Impact would be positive. 136
Reviewed by City Treasurer: Andrea Bowers Date: 12-13-10
The City Manager recommends that City Council tallee following actions):
Approve Ordinance No. 14-2010 at second reading.
Approved by City Manager: David L. Greene E) `''y Date: 12-13-10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
ORDINANCE NO. 14-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 54, PARKS AND
RECREATION, OF THE CODE OF ORDINANCES;
AUTHORIZING THE CITY COUNCIL TO AWARD
FRANCHISES FOR COMMERCIAL VENDING ACTIVITIES
ON THE CITY'S BEACHES BY COMPETITIVE BID
PURSUANT TO CERTAIN REQUIREMENTS AND
RESTRICTIONS; 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, at the time the City of Cape Canaveral was incorporated in 1963, its City
Charter provided that the use of the ocean beach for public recreational purposes was paramount to
its use for any other purpose; see Ch. 63-1197, Article II, § 1(9), Laws of Fla; and
WHEREAS, consistent with this Charter provision, the City has traditionally restricted any
commercial activities from occurring on its beaches; and
WHEREAS, the City desires to permit limited commercial vending activities on its beaches
in an effort to enhance and improve the experience of beach -goers; and
WHEREAS, the safety, welfare and convenience of the persons that reside near the beaches
of the City of Cape Canaveral and of the public that recreate on the beach are of the utmost
importance to the City and to the City Council; and
WHEREAS, it is the intent of this Ordinance to allow limited commercial vending activities
on City beaches provided such activities do not adversely effect the safety, welfare and convenience
of persons that reside near beaches and of the public that recreate on the beach; and
WHEREAS, the City Council desires to permit commercial beach vending activities by
franchise agreement pursuant to the conditions and limitations set forth herein; 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. 14-2010
Page i of 6
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 54, Parks and Recreation, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and ext type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 54. PARKS AND RECREATION
ARTICLE T. IN GENERAL
Sec. 54-4. Commercial solicitation.
No person shall solicit, canvass or merchandise for the sale or rental of merchandise,
services, goods, promotional schemes, advertising programs or property of any kind or character in
the following locations in the city:
1. All of the sand beach areas between the Atlantic Ocean and the city set back line for
beachfront lots except as authorized by franchise agreement pursuant to section 54-5 herein.
2. All public parking lots and facilities for beach or park access, including dune
crossovers.
3. All publicly owned parks.
The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange
not initiated by the prospective customer, which directs attention to any business, mercantile or
commercial establishment or enterprise, or any other commercial activity, for the purpose of directly
or indirectly promoting commercial interests through sales, rentals or any exchange of value.
Sec. 54-5. Commercial Beach Vendor Franchises. Reser red.
(a) Authority. The City Council may enter into franchise agreements granting the right,
privilege and franchise to use the sand beach areas within the City's jurisdictional boundaries
to solicit canvass or merchandise for the sale of food and non-alcoholic beverages. Said
franchise agreements shall be for the purpose of a particular person or entity operating a
City of Cape Canaveral
Ordinance No. 14-2010
Page 2 of 6
commercial beach vending business in the City in conformity with and subject to all
provisions, terms and conditions of this section. A person's or entity's right to use the City's
beaches for the franchise purposes stated herein shall not be exclusive and the City reserves
the right to grant the use of its beaches to any person at any time during the period of any
franchisc awarded pursuant to this article.
Award of franchise. All franchises granted hereunder shall be awarded by the City
Council through the submission and consideration of competitive bids pursuant to all
applicable laws and policies. Franchises shall not exceed a term of three (3) years and no
more than two (2) franchises shall be in effect at any given time. In considering any bids
submitted for a franchise under this section, the City Council shall consider the following
criteria in addition to any criteria included in the bid specifications:
(1) The effects the proposed franchise would have on the public's use and
enjoyment of the City's beaches;
The effects the proposed franchise would have on public safety;
The performance history of the proposed franchisee, if any;
The environmental impacts of proposed franchise activities;
( Public input;
(6) The ability of the bidder to comply with the minimum requirements of
franchises under subsection (d);
The prices offered for the sale of food and beverages; and
Any other criteria deemed relevant by the City Council.
(c) Franchise fee. The City Council shall impose a franchise fee upon any person or
entity that enters into a franchise agreement with the City pursuant to this section.
Minimum requirements of franchisees.
If the franchisee is a corporation or other entity, it shall provide
documentation that it is duly registered to conduct business in the State of Florida.
a Franchisee shall provide the City with a detailed description of the scope of
its proposed beach vending operation, including, but not limited to a description of
the food and beverages to be sold; number and description of carts or other apparatus
used to store or transport merchandise; name of each employee, and the proposed
price of all merchandise.
City of Cape Canaveral
Ordinance No. 14-2010
Page 3 of 6
The principal of any franchisee and all persons conducting beach vending
activities on City beaches shall be subject to a background check. The City reserves
the right to refuse to award a franchise or to terminate an existing franchise in the
event any principal or any person conducting beach vending activities on City
beaches has been convicted of a felony within the past five (5) years.
Franchisees shall be required to furnish a fully paid commercial general
liability damage and food and beverage liability insurance policy. Such insurance
policy shall be procured by the franchisee from a company licensed to do business
in the state. The policy must protect the city, its officers agents, and attome s from
any and all claims or damages to property and or bodily injury which maw sult from
or in connection with any of the operations carried on by franchisee, list the Cites+ as
an additional named insured, and provide for a deductible deemed acceptable by the
City Manager. The franchisee shall also provide proof of worker's compensation
insurance at the limits provided by the Florida Statutes.
Franchisees shall, to the fullest extent permitted by law, indemnify and hold
harmless the City and its em to ees officers and attome s from and against all
claims, losses, damages, personal injuries (including but not limited to death), or
liability, (including reasonable attorney's fees), which directly or indirectly arise out
of, or result from any act or failure to act of franchisee which in any way is related
to franchisee's activities or services under the franchise.
Prior to commencing vending activities under an awarded franchise
franchisee must obtain and maintain in good standing all food, beverage, business tax
and other local and state licenses.
21 Franchisee shall fully comply with all terms and conditions of any franchise
agreement with the City.
( Manner and conduct ofbeach vending. Beach vending authorized by franchise under
this section shall only be authorized between the hours of 9:00 AM and dusk daily and shall
be conducted in a manner that is consistent with the public's use of the beach as a passive
and active recreational facility and with the public's expectation that activities and services
provided on the beach will enhance one's enjoyment of their beach experience. As such, no
person or entity operating under a commercial beach vendor franchise shall:
Solicit a person whose eyes are closed;
Touch a person without consent during a solicitation;
a Continue a solicitation after receiving a negative response from the person
solicited;
City of Cape Canaveral
Ordinance No. I4-2010
Page 4 of 6
.) Impede the free movement of any person;
Operate a motorized beach vending vehicle or cart on the beach or within
restricted areas; or
Solicit using any loud sound, vociferous speech, boisterous conduct or
profane or vulgar Ianguage.
(f Minimum Appearance/DressRequirements. Persons engaging in commercial beach
vending shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque
short pants covering the pelvic area around the waist and the upper part of the legs. The T-
shirt shall prominently display the business name of the Franchisee.
fgj Identi ication requirements.
Franchisees shall display their beach vending license so that it is visible to
patrons, either on their person or on their vending apparatus, at all times while
engaging in commercial beach vending;
fL The cart or other vending apparatus must, display the prices for all items
offered for sale.
Location of commercial beach vending. Commercial beach vending shall be
prohibited within the following areas:
Within conservation areas, dunes or other protected zones;
Within beach parking areas;
Within pedestrian beach approaches; or
Within 25 feet of any lifeguard tower or facility.
Q Termination or suspension of franchise. The City Council may terminate any
franchise awarded under this section upon a finding that the franchisee has violated the
provisions of this section or has defaulted under, or otherwise violated the franchise
agreement.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adapted by the City Council, or parts ofprior 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
City of Cape Canaveral
Ordinance No. 14-2010
Page 5 of 6
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2010.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoag
James Morgan
ANGELA APPERSON, City Clerk Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 14-201 C
Page 6 of 6
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No. 6
Subject: Approval of Ordinance No. 18-2010, an Ordinance of the City of Cape
Canaveral, Florida Amending Chapter 66, Article III, Excavations, of the Code of
Ordinances Related to Open Cutting of Roads or Streets, Permitting, Fees and
Inspections; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions;
Incorporation Into the Code; Severability; and an Effective Date
artment: Communitv Development
Summary:
City Code requires a permit for all excavation work in the right-of-way. These revisions
update and refine the requirements for performing and permitting excavation work, by:
• Stressing the prohibition of open cutting except by special permission of the City
Manager.
• Creating a "designee" option for the City Manager to delegate permit approval
authority_
• Establishing a 10 -day appellate period.
• Establishing a 90 -day permit expiration period.
• Providing an automatic waiver for permit fees and deposits for work by City Staff,
City Contractors on City projects and authorized Franchisees.
• Authorizing the City Manager to waive permit fees and deposits.
• Simplifying the deposit requirements.
• Requiring an approved final inspection from the Public Works Department.
The Franchise Agreement with the City of Cocoa was reviewed and revealed a permit is
not required for emergency repairs; and is required for planned work.
The first Notice of Hearing for this Ordinance was published in the Florida Today
newspaper on November 10, 2010. The City Council passed Ordinance No. 18-2010 at
the first hearing on December 7, 2010.
Mayor Randels suggests inserting the words "Public" or "City Owned" or "City
Maintained" into the title of the Ordinance to further clarify the intent to exclude
condominiums and/or private roads from the provisions of the Ordinance.
Also, Resolution No. 2010-34, amending Appendix B, Schedule of Fees, for Fees
authorized by Chapter 66 Related to Street Excavations will be considered for approval
in the event Ordinance No. 18-2010 is approved by the City Council.
Submitting Department Head: Angela Apperson Date: 11/09/10
Attachment:
Ordinance 18-2010
Financial Impact: Will save money by reducing Staff time re)}uired to obtain Council
authorization.
Reviewed by City Treasurer: Andrea Bowers U / Date:
Ordinance No.18-2010 continued
The City Manager recommends that City Council take the following action(s):
• Approve Ordinance 18-2010 at second reading.
Approved by City Manager: David L. Greene p -V-2- Date: 2 D 1,f D
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 18- 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 66, ARTICLE III,
EXCAVATIONS, OF THE CODE OF ORDINANCES RELATED TO OPEN
CUTTING OF ROADS OR STREETS, PERMITTING, FEES AND
INSPECTIONS; 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, proper regulation to preserve the quality of paved roads and streets is
important for the quality of life, safety and health of the residents of the City of Cape Canaveral;
and
WHEREAS, the City Council desires to update certain provisions of Chapter 66 of the
City Code related to street excavations as set forth herein in order to update and refine the
requirements for performing and permitting street excavations in the City; 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 66, Article 111, Excavations, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and str4keauf type indicates deletions, while asterisks (***) indicate a deletion
from this Ordinance of text existing in Chapter 66. It is intended that the text in Chapter 66
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
ARTICLE III. EXCAVATIONS
DIVISION 1. GENERALLY
City of Cape Canaveral
Ordinance 18-2010
Page 1 of 4
Sec. 66-65. Method of installation.
All installations under or across paved streets or roads shall be made by boring and
jacking, if pessible. Installation by open cut will be allowed by speeial peFfflissia shall be
prohibited, except as authorized in writing by the City Manager or the City Manager's designee.
Any person who receives an adverse decision of the City Manager or the City Manager's
designee may appeal such decision to the City Council within ten (10) days of receipt of the
decision. All materials and workmanship shall conform to requirements established by the city,
which will be available from the City Manager or his designee.
DIVISION 2. PERMIT
See. 66-81. Required.
It shall be unlawful for any person to dig up, break, excavate, tunnel, jet, bore and jack,
undermine or in any manner break up any street, highway, sidewalk or other public way or
public grounds or to snake or cause to be made any excavation in or under the surface of any
street for any purpose or to place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of the street, unless such person
shall first have obtained a permit from the city. Permits issued under this article shall expire 90
days after issuance.
* se
Sec. 66-83. Fee.
(a) A permit fee as set forth in appendix B to this Code shall be charged for the
issuance of an excavation permit, which fee shall be in addition to all other fees for
permits or charges relative to any proposed construction work. Excavation work
performed by City Staff, by City contractors on City projects, or pursuant to an approved
franchise agreement shall not be subject to the permit fee.
b The City Manager is authorized to waive vermit fees for permits issued under this
article, provided such work is required by the City.
Sec. 66-84. Cash dDenosits.
(a) The application for an excavation permit to perform excavation work under this
article shall be accompanied with a eat deposit, for deposit with the City, in an amount
set forth in appendix B to this Code ret of s ,if. e of eaek eNeavation to
made —ice for streets which have been paved and for
eh exeavatien to be ..lade in streets which are not paved. Ne deposit shall be less •i,^�
the minimum as set fbAh in appendix B te this Code. Any peffien intending to mal
depesit in the amount set feFth ift appendix B to this Code, and the pefsen se depositing
City of Cape Canaveral
Ordinance 18-2010
Page 2 of 4
shall net be -eked t:e- makeprovided in this etie.. bdi ,,hal
. Any
special deposit made under this section shall serve as security for the repair
and performance of work necessary to put the street in as good condition as it was prior
to the excavation, if the permittee fails to make the necessary repairs or to complete the
proper refilling of the opening and the excavation work under the excavation permit.
Excavation work performed by City Staff, by City contractors on City uroiects, or
pursuant to an approved franchise an reg ement shall not be subject to the deposit
requirements of this section.
(b) The Ci Manager is authorized to waive the deposit required by this section for
excavation work required by the City.
(c) Upon the permittee's completion of the work covered by such permit in
conformity with this article, as determined by the city,
deposit, the balance shall be refunded by the city to the permittee upon the expiration of a
'nth the 90 -day permit period. However, the city may use any or all of such deposit
to pay the cost of any work the city performs to restore or maintain the street if the
permittee fails to perform such work, in which event the amount refunded to the
permittee shall be reduced by the amount thus expended by the city.
See. 66-85. Inspections.
All excavation work shall receive an approved final inspection from the Public Works
Department. Failure to obtain an approved final inspection within the time frame specified in
section 66-81 shall result in the City's utilization of the deposit required by Section 66-84.
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 18-2010
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
of _ _ , 2010.
ATTEST:
Rocky Randels, Mayor
FOR AGAINST
Bob Hoog
Angela Apperson, City Clerk Jim Morgan
First Reading:
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 18-2010
Page 4 of 4
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No. 7
Subject: Ordinance No. 19-2010, amending Chapter 94, of the Cape Canaveral Code
of Ordinances to allow for Historical Markers; Providing for the Repeal of Prior
Inconsistent Ordinances and Resolutions: Incorporation into the Code; Severability; and
an Effective Date.
Department: Administration
Summary: The City is considering the creation of a historical marker program. This
program will establish criteria to evaluate which properties are eligible for historical
designation and create criteria for markers/signage to identify the historical properties.
The current sign code does not allow for the types of markers or signs that would be
used to designate historical sites. Staff is recommending that the sign code be revised
to allow for historical markers by adding historical markers to the list of signs that may
be erected without a permit: Section 94-4 Exemptions - (12) Subject to the criteria
established in Section 94-61, historical markers located on public or private property
that are part of a duly authorized local state or federal historical program. Historical
markers will be subject to criteria such as size, location and number, which will be
established as part of a local historical marker program.
The Notice of Hearing for this Ordinance was published in the Florida Today newspaper
on November 10, 2010. The City Council passed Ordinance No. 19-2010 at the first
hearing on December 7, 2010.
Submitting Department Head: Angela Apperson Date: 12/13/10
Attachment:
Ordinance No. 19-2010
Financial Impact: None
Reviewed by City Treasurer: Andrea Bowers Date: /a 136
The City Manager recommends that City Council take We following action(s):
Approve Ordinance No. 19-2010 at second reading.
Approved by City Manager: David L. Greene L) Date: /a/13 //0
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 19-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
HISTORICAL MARKERS; 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 Iaw; and
WHEREAS, the City is currently considering implementing a local historical marker program in
order to recognize places of historical significance in the City of Cape Canaveral; and
WHEREAS, the City Council desires to amend the City's sign regulations as set forth herein to
exempt historical markers from permitting requirements; and
WHEREAS, the City's Local Planning Agency held a duly advertised public hearing on this
Ordinance and recommended approval to the City Council; 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 94, Signs, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeon type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in
Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
City of Cape Canaveral
Ordinance 19-2010
Page I of 2
Subject to the criteria established in section 94 -61, -historical markers located on public or
private property that are part of a duly, authorized local, state or federal historical program.
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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2010.
ATTEST:
ANGELA APPERSON, City Clerk
First Reading.
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance 19-2010
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No. 9
Subject: Resolution No. 2010--34; amending Appendix B, Schedule of Fees, of the Cape
Canaveral Code of Ordinances, for Fees Authorized by Chapter 66 Related to Street
Excavations; Providing for Incorporation into Appendix B; Providing for Repeal of Prior
Inconsistent Resolutions; Incorporation into the Code; Severability; and an Effective Date.
Department: Community Development and Public Works
Summary: City Code requires a permit fee be paid for certain excavation work in the right-of-
way. Staff recommends simplifying the deposit structure and increasing the permit fee from $25
to $50. This Resolution revises/updates the fee.
The City Council approved 1" reading of Ordinance No. 18-2010, Street Excavations, on
December Ph. The 2"d reading is on this Agenda.
Submitting Department Head: Todd Morley ,(� Date: 12/10/10
Attachment(s):
Resolution No. 2010-34
Financial Impact: An additional $25 per fee paid. Note that most excavation work in the
right-of-way will be exempt from the fee as it is requested by the City.
Reviewed by City Treasurer: Andrea Bowers Date: 12-13-10
The City Manager recommends that City Council take the following action(s):
Approve Resolution No. 2010-34.
Approved by City Manager: David L. Greene �` Date: 12-13-10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
RESOLUTION NO. 2010-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING
APPENDIX B, SCHEDULE OF FEES, OF THE CAPE CANAVERAL
CODE OF ORDINANCES, FOR FEES AUTHORIZED BY CHAPTER
66 RELATED TO STREET EXCAVATIONS; PROVIDING FOR
INCORPORATION INTO APPENDIX B; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
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, section 166.201, Florida Statutes, authorizes the City Council to impose
fees necessary for the conduct of municipal government; and
WHEREAS, the City Council adopted Ordinance 18-2010, authorizing the
imposition of fees related to the City's street excavation permit regulations; and
WHEREAS, the City Council desires to adopt the revisions set forth herein related to
the fee schedule for permitting street excavations; and
WHEREAS, the City Council deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED 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 and are deemed a material part of this Resolution.
Section 2. Amendment of Appendix B — Schedule of Fees. The Cape Canaveral City
Council hereby amends the existing fee schedule set forth in Appendix B to the Cape
Canaveral Code of Ordinances for Chapter 66 as follows (underlined type indicates additions
and s eeut type indicates deletions from the existing text of Appendix B, while asterisks
(***) indicate a deletion from this Resolution of text existing in Appendix B. It is intended
that the text in Appendix B denoted by the asterisks and set forth in this Resolution shall
remain unchanged from the language existing prior to adoption of this Resolution):
APPENDIX B —SCHEDULE OF FEES
Chapter 66. Streets, Sidewalks and Other Public Places
Article III. Excavations
(a) Permit fee.......... 29.00 50.00 66-83
City of Cape Canaveral
Resolution 2010-34
Page 1 of 3
b Deposks (+-aftef 12 the
�� 300.00
Road cut deposit
Fer- pa-ved sweets, per- sEteare fee! e 2.00
sFfaee.....
(-2)— For- unpaved streets, pef square feat e 0.59
{ �Minifflum depesit .......... 25.00
{4} -- General Elepesit .......... 500.00
66-54
Section 3. Incorporation into Appendix B to the Code of Ordinances. The fee schedule
set forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code
of Ordinances and any section or paragraph number or letter and any heading may change or be
modified as necessary to effectuate the foregoing.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion, shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
December, 2010.
ATTEST:
Angela Apperson, City Clerk
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Resolution 2010-34
Page 2 of 3
Rocky Randels, Mayor
i I,
AGAINST
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2010-34
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/21/2010
Item No.
Subject: Exterior Renovation of the Canaveral Precinct Building
Department: Brevard County Sheriff's Office — Canaveral Precinct
Summary: Renovation of the Canaveral Precinct Building interior began August 10, 2010. Final
inspection was conducted December 3, 2010. BCSO expects to return to occupancy by December 20,
2010.
It is requested that City Council approve a total revamp of the exterior. The stucco is in a deteriorated
condition, actually falling off in some cases. The roof is approximately 8 years old and is in fair
condition, but holds a significant amount of water for several days after a rain.
This request includes a "roof over" and the addition of cement "Hardie Plank" "siding". The roof over
consists of trusses to cover the existing roof, decking with plywood and installation of metal or asphalt
shingle roofing material. The roof design is that of a "hip roof', the preferred design for wind mitigation.
Depending on material used, the life of the roof could range from 15 years with a shingle roof to well
over 50 years with a metal roof. The metal roof is much more resistant to storm damage; the shingle roof
initially is significantly less expensive. Neither roofing material is expected to require frequent
maintenance. The siding simply consists of its installation on the exterior of the structure. It is a cement -
based product and is very durable. Maintenance consists of occasional painting and caulking. It is
estimated that it will need to be repainted every ten (10) years. The work can be accomplished while the
building is occupied, with no interruption in service to the citizens. Estimated time for completion is
sixty (60) days.
Project options all include installation of siding. The costs differ depending upon the choice of roofing
materials. Using a green metal roof similar to that at the Library would bring the project cost to $167,621
(Option 1); use of a different type of metal roof cost $153,221 (Option 2). Use of shingles would cost
$117,221 (Option 3). There is $93,600 in Police Reserves after completion of the interior renovation.
$100,667 was returned from the 2009110 Contract. These sums together provide sufficient funds to
complete the entire interior/exterior renovation.
By approving the exterior renovation, the building will exhibit an exterior equal to the newly renovated
interior and fully complete this Project. This Project has improved the morale of personnel who serve the
citizens of Cape Canaveral. VCape
Submitted by: Commander Alan MorCanaveral Precinct Date: 12/13/10
Attachment(s); PowerPoint outlining the proposed Project.
Financial Impact: The Police Reserves contain $93,600 which, along with the $100,667 refund from the
2009/10 Contract, provides the funds to complete the Project.
Reviewed by City Treasurer: Andrea Bowers Date: 12/13/10
The City Manager recommends that City Council take t e following action(s):
Approve exterior renovation of the Canaveral Precinct Building,
Select Option One with a cost of 167,621.00 and
Approve the use of Police Reserves and monies refunded from the 2009110 Contract.
Approved by City Manager: David L. Greene L9"7} -d-- Date: 12/13/10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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