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HomeMy WebLinkAboutPacket 10-05-2010 RegularCALL TO ORDER: I City of Cape Canaveraol CITY COUNCIL MEETING NAVERAL LIBRARY MEETING ROOM Ik Avenue, Cape Canaveral, Florida Tuesday October 5, 2010 7:00 PM JU01491CUP] all 44;rcl 0,1, 104 W11 Ji Proclamation designating October 9, 2010 as the official day to "Take Back floli Night" regarding domestic violence against women and children. 2010 Fall Quarter Beaucation Award (M'ulti-Family) Presentation to Shorewood Condominiums REPORT: T-30 p.m. — 7:35 p.m. NMM= T-50 p.m. IN I 105 Polk Avenue * Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecaiiaver.-d.org - email: ccapecanaverad@cfl.rr.com City ol"Cape Canaveral, Florida September 21, 2010 Page 2 of 3 Council may schedule such items as regular agenda items and act upon them in the future, 1 Approve Regular City Council Meeting Minutes: June 15, 20101, July 6, 2010 and September 21, 2010. Approve Resolution No. 2010-23: Appointing a First Alternate Member as a Regular Member and Appointing a Regular Memiber to The Library Board. (Linda M, Brown and Evelin F. Reid) 3. Approve Resolution No. 2010-26; Reappointing Regular Board Members to the Code Enforcement Board. (James Hale and Karen Hartley) 4. Approve Resolution No. 2010-27, Reappointing Regular Board Members to the Recreation Board. (Carol Delano and Gene Petre) 5. Approve a Special Alcohol" Exemption Permit for Renee Ashley for ie Wdding at Manatee Sanctuary Park on OctobIMr 6. Approve Addendum to Professional Services Agreement with Nick's Lawn Service, Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. 7Approve Third Addendum to Professional Services Agreement with Black's Spray Service, Inc., to extend the Agreement through September 3;0, 2011, which corresponds with the City"s Fiscal Year. 8. Award Project Work to Atlantic Development of Cocoa, Inc. (Atlantic) in the Amount of $24,115.100 for De-miucking of Stormwater Ponds at the City's Wastewater Treatment Plant (WWTP). 9. Approve Funds for MTN Resources, LLC (MTN) in the Amount of $6,0139.30 to provide services to meet Federal Stimulus Fund Reporting Requirements for the Ridgewood Avenue Improvements Project. 10. Approve Resolution No. 2010-24 Supporting the Adoption of the Breva,? -9 County MunicipaI Voter Charter Amendment on The Novem;be,r 201 General Ballot; Endorsing the Principles of Homie Rule and Adopting t Policies Set Forth Below to Support the Premise that The City Of Ca Canaveral Should Have the Authority to Govern Within its Jurisdictio Providing that Such Authority Should Not Be Eroded; Providing )] - of Cape Canaveral, Hori& Septembcr2l,20l8 Page 3 of 3 Effective Date; and Authorize the Mayor to Sign a Letter Indicating Such Support and Placing it on the City's Website. 12, Council. Pursuant toSection 286.O1O5'Florida Statutes, the City hereby advises the public that: |faperson decides to appeal any decision mode by the City Council with respect toany matter considered at this meeting. that person will need a maoonJ of the pnzoeedinga, and for such purpose that person may meed to ensure that verbatim record of the proceedings is mode, which record includes the testimony and evidence upon which the appeal is to be basedThis notice does not constitute consent by the City for the intnz,ducdVn or admission into evidence of otherwise inadmissible or irrelevant evidenoe, 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 (8S8-1221)48hours inadvance ofthe meeting. City of C;ape Canaveral' City Counci'll Agenda Form City Council Meeting Date: 10/05/201'1 Subject: Proclamation designating October 9, 2010 as the official day to "Take Back the Night" regarding domestic violence against women and children. Department: Legislative Summary: Last October, at the req�uest of Palm Bay City Council Member Michele Paccione, the City of Cape Canaveral sponsored an official proclamation to reco,g�nize October 2�4, 2009 as the official day to "Take Back the Night" and urged all citizens to actively participate and work toward the elimination of personal and institutional violence agamst women. This year, Council Member Shannon Roberts requests the City issue a proclamation, for the 2 nd Annual Brevard Co�unty "Take Back the Night" being held Saturday, October 9, 2,010, from 5:00 p,m — 7:30 p.m., at Palm Bay City Hall. Council Member Roberts will personally present the proclamation. Requested Council Action: Approve the proclamation. Financial Impact: No impact Reviewed by City Treasurer: Andrea Bowers Date: q 0 Attachments: Proclamation, email request from S. Roberts and information regarding the event. Submitting Council Member: Shannon Roberts Date: 09-21 -10 Approved by City Manaq� �-D�viq L. Greene O'l)"I Date: 9/23/2010 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain, Mia Goforth From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Tuesday, September 21, 2010 2:41 PM To: Angela Apperson; Mia Goforth Cc: David Greene; Kim McIntire Subject: Proposed Agenda Item for October 5th - Take Back the {Night Proclamation Angie and Mia, The 2nd annual "Take Back the Night" event will be held Saturday, October 9th, at Palm Bay City Wall. As we did last year, would it be possible to issue a proclamation from our City for this event? If yes, would you please put it on the October 5th Council Meeting Agenda? Thank you so much! If you have any questions or need more information about this year's event, please let me know. For your information, the City of Melbourne will be issuing their proclamation at their City Council meeting this evening. Shannon 1 Calendar of Events - Calendar 1111111 Jill WHEN Saturday, October 9, 2010, 5 - 7:30pm I0* ' 0 WHERE City Hall , 120 Malabar Road SE ul z Alad PaIrn Bay, FL 329017 z Z NOTE Help break the cycle of violence by joining the Victim Services Unit of the Palm Bay Pofice Department for this event. Learn about resources and hear from survivors. alm ,PElay Knowledge is power. Fight to take back the night. 60 LINK PaIrnbay.graniCUs.com... Day lest ahtov ghwlall RK Shu poing C .r @�260microsoliGi�;i;Gii EtOtONAAff E @ AND Vuew Full Map Events calendar powered by Trurl Printed: Tuesday, September 21, 2010 at 12:55 PM PDT http://www.trumba.com/catendai-s/calendar—main?date=201 0 1 009&eventid=90864328&vi.. 9/21/2010 WHEREAS, violence against women and children continues to become more prevalent as a social problem and is now the single largest cause of injury to women and children. WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers; and supported by societal indifference. WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse. WHEREAS, the impact of domestic violence is wide ranging, directly affecting women and children. Domestic violence exacts a high price on its victims, families, communities, and society. WHEREAS, domestic violence represents a pattern of assault and coercive behavior that will escalate in frequency and severity if intervention does not occur. WHEREAS, "Take Back the Night" is a place free from sexual assault and domestic violence. We invite you to become part of the solution, part of the end to violence. Here is a place to take a stand, a place to break the silence. Here we can take back the night and take back our lives. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County Florida, do hereby proclaim October 9, 2010 as the official day to: "Take Back the Night" And urge all citizens to actively participate and work toward the elimination of personal and institutional violence against women. City w, Canaveral City Council Agenda Form A rJ;!ffl117"f-f 1111111111111 Subject. 2010 Fall Quarter Beautification Award (Multi-Farnily) Presentation to Shorewood Condominiums Department- Public Works (Beautification Board) Summary: The City of Cape Canaveral's Beautification, IBoardl has selected Shorewood Condominiums (Shorewood Community Association, Nan Roberts, Association President) as the 2010 FailQuarter Beautification Award winner (Multi -Family). Award to be presented by Mayor Randells and Judy Hale (Beautification Board Representative). Requested Council Action: 2'010 Fail Quarter Beautification Award (Multi -Family) Presentation to Shorewood Condominiums. Financial Impact: None. -#-P-05 Reviewed by City Treasurer: Andrea Bowers�Date: I Attachments: None. Submitting Department Head: Jeff Ratliff Date: 091/15/10 Assistant Public Works Director Approved by City Manager: David L. Greene Date: 711711() City Council Action,: J Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Subject: City Council Interview of Library Board Applicant Evelin F. Reid. Department: Legislative Summary: The City Clerk's Office is in receipt of a letter dated September 14, 2010 from the Cape Canaveral Library Board recommending a vacancy on the Board be filled by Applicant Evelin F. Reid. Ms. Reid is presently Co -President of the Friends of the Library and an active volunteer. She has been instrumental in reviving online sales of donations to help with Library funding. She is a former Library Board Member. This regular member term will expire 10-01-2013 and approval of Resolution 2010-23, appointing Ms. Reid to the Cape Canaveral Library Board, is to be considered later in this meeting. Requested Council Action: Interview Library Board Applicant Evelin F. Reid Financial Impact: NIA Reviewed by City Treasurer: Andrea Bowers Date: 9 od a to Attachments: Application and Letter for Appointment o the Board Submitting Department Head: City Clerk's Office Date: 09-15-2010 Approved by City Manager: David L. Greene 04'" Date: I IsJR/M City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ! JUL 1 3 2010 CITY OF CAPE CANAVERAL ` APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-974, Cape Canaveral Gode .-- City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address:. COge 1V5- 3. Home Telephone: y ! S� 4. Occupation: 1 S. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provider) in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. I. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: m--I,L(N) MZ(N) m (N) (Y) (N) m- (N)—!Z:::� 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? 6b. C. I. 2. initials (Y)(N) if yes to 6a, please provide names) of person(s) and relationship to you: INTERESTSfEXPERIENCE Briefly state your interest in serving on a City advisory board or committee: /'A+n►.A-r1 JT /) A, O�e)e-v1)S ate_ i -,c L-IBl2A Briefly state any prior experiences in serving on any governmental board or committee. 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: c JE d ✓ 4. In numerical sequence (I = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e.. Community Appearance Board* Construction Board of Adjustment and Appeals* g. r - Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: -- _ *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Font upon appointment to said board and prior to July 1 of each year following the initial appointment while stili a member of said board. /g EF -02 D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and }physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American ✓ Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.511-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES), WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the lerk's Office at (321) 868.1221. Signature: �� I�UO /� tCvD .C'aM Date: 711v Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 September 14, 2010 TO: Cape Canaveral City Council FROM: Cape Canaveral Library Advisory Board RE: Board Vacancy The Board recommends that the current board vacancy be filled by applicant Evelin Reid. Mrs. Reid is presently co -president of the Friends of the Library and an active volunteer. She has been instrumental in reviving on-line sales of donations to help with library funding. Mrs. Reid was a former board member and as such is well aware of library issues and concerns. We support her application without reservation. Jean Deck Secretary Cape Canaveral Library Advisory Board CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY June 15, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:05 P.M. ROLL CALL: Council Members Present: Mayor Rocky Randels Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Council Member Shannon Roberts Council Member Betty Walsh Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Treasurer Andrea Bowers City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Planning & Development Director Barry Brown Assistant Fire Chief John Cunningham Sheriffs Department Commander Alan Moros Sheriffs Department Lieutenant Mike DeMorat Sheriffs Department Sr. Staff Assistant Amy Moody PRESENTATIONS: Brevard County Sheriffs Office — Recognition of Lieutenant Michael DeMorat Mayor Rocky Randels presented Lieutenant DeMorat with a Certificate of Appreciation from the City, as Lieutenant DeMorat is to be promoted to Major by the Sheriffs Department and will have to leave his current position working in the City. Commander Alan Moros mentioned the upcoming official promotion ceremony for Lieutenant DeMorat and encouraged those interested to attend. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 2 of 6 Brevard County Sheriffs Office — Other Presentations Commander Moros discussed the success of the Police Athletic League flea market at the last Friday Fest, thanked Sheriff's Department Senior Staff Assistant Amy Moody for organizing the event and the City for working together with the Sheriff's Precinct in the effort, and brought forth the youths involved with PAL. Commander Moros then discussed the all -terrain vehicle that the Department has recently acquired, free for one year's use, from Kawasaki. Sergeant Scott Pikus, who worked on acquiring the ATV, discussed the benefits of having such a vehicle available for use in the City. Kevin Pruett — Cocoa Beach 4th of July Fireworks Show Mr. Pruett reported this year's preparations for the event, including fundraising, the costs associated with sustaining the event, bringing forth Cocoa Beach City Manager Charles Billias and two event sponsor representatives, Layla Higgins from Kennedy Space Center and John Dowdy from JetBlue, and discussed wanting more involvement from Cape Canaveral residents in supporting the event. Council discussion ensued and included how Cape Canaveral's and Cocoa Beach's names would be used in the branding of the event and how much the City of Cape Canaveral is interested in spending to support the event. At the end of the Meeting, the Council returned to this topic. Discussion ensued and included the City having not budgeted any support for the Fireworks Show, but possibly putting support for the Fireworks Show as an item for consideration in next year's budget. Council reached consensus to not support the Cocoa Beach Fireworks Show. REPORTS: City Manager Acting City Manager Angela Apperson reported that the Space Coast League of Cities constitutional amendments, given to her by Council Member Bob Hoog, will be posted on the City's website. She then discussed having to reschedule the July 1St Budget Workshop Meeting due to several Council Members not being able to attend and Council discussion ensued in regards to rescheduling the meeting. Council reached consensus to reschedule the Budget Workshop Meeting to June 30th at 5:30p.m. Sheriffs Department Commander Moros reported on the Cape Canaveral Precinct taking over the law enforcement services for the unincorporated area known as Avon -by -the -Sea. Commander Moros discussed the population of Avon, the volume and priorities of calls in past years, response times, the Cape Canaveral Precinct already having adequate staff to handle the addition of servicing Avon, and in what way and how much the City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 3 of 6 residents of Avon would pay for being serviced by the Cape Canaveral Precinct. Ms. Apperson asked for Council feedback on the situation. Council discussion ensued and included each Council Member supporting this issue, the wants of the residents of the City, breaking down statistics in night versus day crime responses, and this being an incentive for future annexation of Avon. Council reached consensus to support the Cape Canaveral Precinct taking over law enforcement services in Avon. AUDIENCE TO BE HEARD: Leo Nicholas, resident, brought up concern that the beach vendor problem is growing, with two or three beach vendors having been seen on the wet sand area of the beach, and requested the Council address this issue quickly to preserve the City's beaches. Discussion ensued and included other enforcement measures that could be used to deal with the vendors, business license issues, and enforcing laws related to watercraft close to the beach. Council reached consensus for staff to include a written report related to beach vending in the next agenda for later consideration. City Attorney Anthony Garganese discussed reexamining the issue in regards to how other cities deal with similar situations and whether or not the issue is large enough to be brought up to the Florida State Legislature in their next session. Mr. Nicholas then stated his opinion that Avon -by -the -Sea should pay their "fair share" if they`are to receive law enforcement services from the Cape Canaveral Sheriff s Precinct. CONSENT AGENDA: 1. Approve Regular City Meeting Minutes of March 16, 2010. 2. Approve the Contract for David L. Greene as City Manager of the City of Cape Canaveral. 3. Approve Resolution No. 201009; Appointing a First Alternate Member as a Regular Member and a Second Alternate Member as a First Alternate Member to the Recreation Board (D. Raymond and C. Hale). 4. Approve proposed storm water improvement repairs to the City right-of-way located at 8106 Presidential Court and award contract for repair to Atlantic Development of Cocoa, Inc. A motion was made by Mr. Hoog and seconded by Ms. Roberts to approve consent agenda items one, three, and four. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Item number two: Discussion in regards to item two ensued and included requested clarification on some portions of David L. Greene's contract, the lengthy period of time the hiring/contract process has taken, the car allowance amount in the contract versus City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 4 of 6 the amount of driving distance the job would entail, the effort Mr. Greene has put forth during the hiring/contract process, Mr. Greene's difficulty in finding a residence within City limits that meets his needs, and comparing the terms of this contract versus other City Manager contracts in neighboring cities. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to approve consent agenda item two. A motion to amend was made by Mayor Randels and seconded by Mr. Hoog to make the hiring date retroactive to the date Mr. Greene was chosen by the Council, June 1st, 2010. The amendment passed 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For;. Ms. Roberts, For; and Ms. Walsh, For. Discussion in regards to mileage/travel reimbursement ensued. The main motion carried unanimously, 5-0, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. The Council thanked Mr. Greene for his .,.patience and submitting his candidacy for the job. Mr. Greene promised to work very hard for the City and to continue searching for a residence within it. CONSIDERATION/DISCUSSION: 5. Discussion and necessary action related to Bid No. 2010-01 submittals for Mowing/Maintenance of City , Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch: July 1, 2010 — June 30, 2010. Assistant Public Works Director Jeff Ratliff, presented the Council with an explanation of the bid committee, how they reviewed the bids, and the resulting recommendation of Nick's Lawn Service. The Council discussed, the scope of the contract. Sam Curtis of Paradise Lawns, one of the bidders, introduced himself and made a pitch to Council for this job. Discussion ensued and included the ways the bidders were ranked, the reasons one bidder was chosen over the others, and giving one bidder additional consideration requiring restarting the bidding process all over again to give the other bidders equal additional consideration. A motion was made by Mayor Randels and seconded by Mr. Hoog to award the contract to Nick's Lawn Service as recommended by Mr. Ratliff. Discussion ensued and included lawn service companies contracted by the City in the past. The motion carried 5-0, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh; For. City Attorney Anthony Garganese added that the Council is required to authorize the City Manager to finalize and execute the contract. A motion was made by Mayor Randels and seconded by Ms. Walsh to authorize the City Manager to negotiate and execute the contract. The motion carried 5-0, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 6. Discussion and necessary action related to designation of one (1) City Official to be the voting delegate and to attend the Florida League of Cities' 84th Annual Conference in Hollywood, Florida on August 19th through the 201h, 2010. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 5of6 Mayor Pro Tem Petsos stated that he would be attending the Conference, but would only agree to be the voting delegate if no other City Council Member were attending. A motion was made by Mayor Randels and seconded by Ms. Roberts for Mayor Pro Tem Petsos to serve as the voting delegate from the City of Cape Canaveral at the Florida League of Cities' 84th Annual Conference and to vote however he sees fit. The motion carried 4-1, with voting as follows. Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 7. (a) Approve Resolution No. 2010-10; Amending the Existing Sick Leave Policy in Section 11 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. City Attorney Garganese read aloud the Resolution title and Mayor Randels read and explained the content of the Resolution and then opened the issue for discussion. Mr. Hoog proposed and distributed paperwork in regards to an alternate solution to the problem, offering employees a "payout" of their accrued sick leave cap overage at a significantly reduced amount, rather than eliminating it altogether. Council discussion ensued and included how accruals are listed on financial statements, past attempts to prevent accrual cap overages being dismissed by the former City Manager, the amount of accrued sick leave paid to employees leaving the City, and how auditors might have missed the issue in the past. Public Works Director Walter Bandish presented an "Attendance Performance Measure" memo which may have discouraged employees from taking as much sick leave as they could have. With this new information, Ms. Apperson agreed to support Mr. Hoog's proposal. Council discussion continued and included the City being run differently than a business, ways employees might be able to take more sick leave, having to abide by Family Leave requirements, and how the Resolution is mandating adherence to an existing City policy and not changing the policy itself. City Attorney Garganese recommended that employees sign a release or "hold harmless" agreement in exchange for any such payout as discussed. Mr. Bandish stated that he believes the employees in question who have accrued sick leave cap overages would most likely accept the payout, but he will have to ask them personally later to confirm. Additional discussion ensued and included making sure supervisors know that the accrued sick leave cap policy will be strictly enforced in the future, the accrual cap being automated in the future, an accrual report being available for anyone any time they need it, and ways to rebuild trust with the employees in regards to taking sick leave. Council reached consensus for Resolution 2010-10 to be sent back and revised, and brought back to Council at the next meeting. 7. (b) Approve Resolution No. 2010-11; Amending the Existing Annual Leave Policy in Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2010 Page 6 of 6 City Attorney Garganese read aloud the Resolution title and Mayor Randels read and explained the content of the Resolution and then opened the issue for discussion. Ms. Apperson described the difficulties in employees "using up" the accrued vacation time in some departments, individuals taking a long period of time off having a large impact due to the size of the City's workforce, and a request for Council to consider the optional Resolution or paying out now for the accrued leave time cap overages to eliminate the problem immediately and keep to a 2 -year accrual cap after that. Dicussion ensued and included the merits of each of the options, the proposed timeframe for using up accrued leave time, the notion and possible difficulties of taking into account the pay rate of an employee from when the leave time was accrued to calculate the payout value, there being no provision for the City Manager to do a payout for an accrual cap overage, and notifying the employees affected by any change to the way the accrual cap is enforced. Council reached consensus for Resolution 2010-11 to be sent back and revised with the option for employees to use up their accrued leave time by September 2011 with any unused accrued time to be paid out after that, and brought back to Council at a later meeting. Ms. Apperson suggested that if it takes longer than three hours to calculate the accrued leave time's value based on past pay rates, thea the calculation idea will be abandoned and current pay rates will be used for the accrued leave time payout. Council reached consensus to support the three-hour calculation limit. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:01 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY July 6, 2010 7:00 PM Ii,II.[it 0 - CALL TO ORDER: The Chair called the Meeting to Order at 7:04 P.M. and led the pledge of allegiance. :Tel ■r67,11■z 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: City Manager David L. Greene City Clerk Angela Apperson Assistant City Attorney Kate Latorre Planning & Development Director Barry Brown Building Official Todd Morley Assistant Fire Chief John Cunningham Sheriffs Department Commander Alan Moros Sheriffs Department Lieutenant Alex Herrera PRESENTATIONS: City of Cape Canaveral Quarterly Beautification Awards The City presented Doug and Joyce Wilson, 210 Holman Road, with the Spring 2010 Quarterly Beautification Award and Ace Hardware, 8200 Astronaut Boulevard, with the Summer 2010 Quarterly Beautification Award. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 2 of 5 Brevard County Sheriffs Office Commander Alan Moros introduced the new Cape Canaveral Precinct Lieutenant, Alex Herrera. The Council welcomed Lieutenant Herrera to the City. REPORTS: City Manager David L. Greene and Mayor Rocky Randels noted the benefits of the weekly reports. Community Development Department Building Official Todd Morley reported the progress on the former Azteca Restaurant, 6395 N. Atlantic Avenue. Discussion ensued and included sealing the roof of the building, bankruptcy proceedings, the bank not willing to pay for demolition, a statement made by one of the owners indicating recent events have led him to want to "mothball" the building rather than demolish it, code enforcement classifying the building as an "unsafe structure" which requires the building be repaired or demolished, and that the City must go through Bankruptcy Court if it wishes to request demolition of the building. A motion was made by Mr. Hoog for Staff to ask the courts if, we can demolish the building. No second was received. Discussion continued and included the estimated costs for demolishing the property and the possible. timeline for progressing on this issue. A motion was made by Mr. Hoog to have. the City Attorney investigate the possibilities of the City tearing the building down; fronting the money, building pad and parking lot and seeding it just.like the IBM Building and come back to Council and if this is possible, the City will move forward. No second was received. Discussion continued. Mr. Petsos suggested an amendment to the motion to include allowing the owners the option of pulling a permit to put a true roof on. Mr. Hoog restated his previous motion and indicated he agreed to Mr. Petsos' amendment. No second was received. Discussion continued. Mayor Randels asked if Mr. Hoog would agree to be the maker of the motion to go on a one horse course (pursuing demolition) with the understanding that the owner of the building always has the option to come in and make his play. Mr. Hoog agreed and Mr. Randels seconded. The discussion moved to the Code Board Order and how the owner comes into compliance, the need to pursue a court order for demolition, permits for repairing the building, whether to include the property owner's rights to repair the building as a part of the motion and inquiring as to whether a solid timeframe for required repairs can be put in place. Ms. Walsh called the questions. The City Clerk restated the motion as follows: Motion by Mr. Hoog, seconded by Mr. Randels, to have the City Attorney move forward with a petition to the court for demolition. Discussion continued and included the possible value in keeping the structure intact as it stands. The motion as amended carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 3 of 5 Business & Cultural Development Board Board Member Dianne Marcum reported on the Board's efforts to help local businesses through a partnership with the Cocoa Beach Area Chamber of Commerce and the City. She noted the July 1 91 Business Meet & Greet and invited Elected Officials to attend. AUDIENCE TO BE HEARD: Ms. Marcum expressed her desire for the Beautification Awards to place an emphasis on environmentally -friendly, native landscaping and expressed concerns that the City is being linked to sponsorship for the Jeannie -Day event, which is not sponsored by the City itself. She urged for the City to develop a clear policy in using the City's name. CONSENT AGENDA: 1. Approve Contract Addendum with Brewer Paving and Development, Inc. — Ridgewood Improvements Proiect. 2. Approve 2010-2011 School _ Resource Officer Contract with the City of Cocoa Beach Florida. 3. Approve a letter to the Space Coast Transportation Planni regarding the 2010 Request for State' and Federal Transportation Funding and authorize the Mayor to execute the same.' A motion was made by Mr. Hoog, seconded by Mayor Pro Tem Petsos, to approve Consent Agenda items one and two. The motion carred 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro TemPetsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Item number three: Mayor Pro Tem Petsos noted his objections to the letter in regards to how the,. curbs and gutters are mentioned. Discussion ensued and included speed limit, cost;, and stormwater issues related to the curbs and gutters. A motion was made by Mayor Pro Tem Petsos, seconded by Ms. Roberts, to approve the letter, but omitting everything after "sustainable community." The motion carried 5-0 with voting as follows: Mr. Hoog, For, Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 4. Motion to Approve: OrdinanceNo. 06-2010, Allowing Commercial Parking Facilities as a Special Exception Use in C-1, C-2, and M-1 Zoning Districts; Incorporation into the Code; Severability; and an Effective Date, at First Reading: Planning and Development Director Barry Brown explained the request to amend the City Code and reviewed the steps taken. Assistant City Attorney Kate Latorre read the City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 4of5 title of the Ordinance into the record. Discussion ensued and included the creation process of an Ordinance, fees related to the Ordinance, and the Planning & Zoning (P&Z) Board recommending, 4-1, against the Ordinance. A motion was made by Mr. Hoog to table this item until the application process is complete. Motion was later withdrawn. Discussion continued and included the desires of the Vision Committee, reasons why the P&Z Board recommended against the Ordinance, and the possibility of holding a Workshop Meeting to further discuss the issue. A motion was made by Mr. Hoog, seconded by Ms. Roberts, to table this issue until the next City Council Meeting. The motion was defeated 3-2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, Against. A motion was made by Mayor Pro Tem Petsos, seconded by Ms. Walsh, to deny Ordinance 06-2010 on first reading. The motion carried unanimously 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. CONSIDERATION/DISCUSSION: 5. Discussion of Proposed EAR Based Amendments to the Interovernmental Coordination and Housing Elements of the Comprehensive Plan: Planning and Development Director Barry Brown discussed the status of the Evaluation and Appraisal Report (EAR) Based Amendments, the upcoming first reading of the related Ordinance, and opened the issue to Council for any questions or direction. Discussion ensued and included whether the City wants to commit to wording that would require creating a Community Redevelopment Agency (CRA), the benefits of creating a CRA, possible changes to how funds can be used in the City if a CRA is established, explanation of a "Mainstreet Program", the City having no current need for a Mainstreet Program, a "Town Center" plan being more relevant to the City's needs, whether reviews of the Plans will be on a quarterlyor annual basis, Possible changes to the City's procedures for planning and meetings .to move forward with credibility and trust, adhering to a timeline, possible ' conflicts between the Port and their Comprehensive Plan, and developing better informal relationships with neighboring areas. No action was taken. 6 Discussion of Pain Management Clinic Regulation: Mr. Hoog discussed a request that was initiated by the City of Satellite Beach for each city in the Brevard League of Cities to adopt an ordinance to regulate Pain Management Clinics. Discussion centered on the Satellite Beach ordinance and how it could be modified and adapted for the City of Cape Canaveral. Council reached consensus for the City Attorney's office to draft an ordinance for future consideration. 7. Discussion of Red Light Cameras: Ms. Roberts explained her reasons for bringing this issue up for discussion. Commander Moros presented data regarding red light running, showing that the City has not had any significant crashes caused by red light running and the number of red light runners at specific intersections in the City. Discussion included the revenue split between the State and the City, the safety justifications for the cameras, and a red light camera at Fisher Road in Cocoa Beach catching 935 violations City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 5 of 5 over a three month period. Council reached consensus for Staff to investigate the feasibility and costs associated with establishing red light cameras in the City. COUNCIL REPORTS: Ms. Walsh noted the Rip Tide Current Warning Signs at the beach crossovers, where they come from, and how they could be acquired by the owners of the non-public beach crossovers for safety reasons. Mr. Ratliff stated that he would investigate this issue. Ms. Roberts reported on the success of the Hands Across the Sand event, the Best Ideas session in Orlando which presented ways a city can improve itself with Federal money, a presentation by Sands Casino regarding a casino at the Port and a light-rail line between Orlando and the Port, a State of the Port Address being presented at a future Council Meeting, and Cape Canaveral being part of the "Port Village" concept for cruise ship passengers having a "day visit" in the area. Mr. Hoog requested an update on the Harbor Heights Stormwater easement. Assistant City Attorney Latorre reported that negotiations are ongoing with the property owners' attorneys. Mr. Hoog asked her to remind them that hurricane season is approaching. Mayor Randels discussed Ray Osborne's Jeannie -Day flyer, noting that nowhere does it mention the City as officially linked with the event, the look -a -like contest, monetary donations being put in the Historical Marker project fund, the upcoming visit from the Blood Bank, and two event promoters who want to hang banners advertising the events on the City's poles. Council reached consensus that there would be no opposition to the banners so long as the costs for installing them are paid for by the promoters. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:53 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 21, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever Public Works Director Walter Bandish Building Official Todd Morley Brevard County Sheriff Lt. Alex Herrera Cape Canaveral Volunteer Fire Dept Lt. Brian Dennison City Clerk Angela Apperson PRESENTATION: Brevard County Sheriffs Office — Recognition of Deputy of the Month: Lt. Herrera presented a plaque of appreciation to Agent Jennings for his efforts to successfully close numerous business burglaries throughout Brevard County. Mayor Randels recognized the work of Motor Officer Lindburg to reduce the number of accidents at intersections. REPORTS: The City Attorney had no report. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 2 of 5 AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meetings of June 1 2010 and September 7,2010: A motion was made by Ms. Roberts, seconded by Mr. Hoog, that we accept the minutes as presented. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 2. Approve the design and placement of the Historic Marker at the Artesia Post Office Property; approve matching funds not to exceed $164.00 for the production of the marker and waive fees associated with the sign permit: City Historian Ray Osborne referenced objective CM 10, which states: "The City shall provide for protection and preservation or sensitive reuse of historic resources as identified within the City. The measurement of this objective is the extent to which historic resources are protected, preserved, or reused in a sensitive manner and the degree to which the following policies are implemented." Mr. Osborne' presented the proposed historical marker and explained how the wording would be affixed to the cypress wood. He indicated the cost would be $40.00 for the wood and approximately $30.00 for the lettering. He indicated the Artesia Post Office Property would be the first property to have the marker. He reviewed the agenda items and explained the'needs. Discussion included: the design, the location of the signage, the use of local business people for these signs, whether the proposed design for the marker would provide enough space to have a readable message; trying to obtain grant funding for larger/more elaborate markers; the need for consistency in signage and materials; the need for signage that would need very little maintenance; obtaining costs for the traditional historical markers; developing a plan for the City, so the entire program and costs would be known at the beginning; to present this information back to the Council so they can make the final decisions; changing the sign ordinance to exempt this type of sign; and Mr. Osborne's work to raise the 164.00 toward this project. Mr. Sean Johnson and Ms. Joyce Hamilton each donated $100.00 toward the Historical Marker Program. Mrs. Lee Vicidomini inquired why this building was significant. Mr. Osborne indicated the building was chosen because it is the oldest building in Cape Canaveral. Consensus was reached to amend the sign code to exempt Historical markers and to waive any permit fees and for the City Historian to investigate and present back to the Council the traditional historical markers and the costs for them using a City sign shop, if possible. ORDINANCE: First Public Hearing: City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 3 of 5 3. Motion to Approve:_ Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages,_of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severabilit • and an Effective Date, at First Reading: Attorney Garganese read the title of the Ordinance into the record. He explained the amendment authorizes the City Manager to issue these permits. A motion was made by Ms. Roberts, seconded by Ms. Walsh, for approval at first reading. The motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing:. 4. Motion to Approve: Ordinance No. 13-2010„, Amending Chapter 10, Amusements and Entertainments of the Code of Ordinances; Regulating Outdoor Entertainment Events; Providing for the Re eal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability- and 'an Effective Date at First Reading: Attorney Garganese read the title of the Ordinance into the record. He explained the proposed Ordinance changes the authority to approve street closures to the City Manager and granting the City Manager the authority to waive fees for City sponsored events. Discussion ensued and included how the $250.00 fee was chosen; the duration of the events; where a Farmer's Market would be allowed and that they are traditionally a part of the zoning ordinance; the need for an amendment to the Code of Ordinances to allow for Farmer's Markets; the need for applications to be received in a timely manner; the need for a process map so citizens can see how the Ordinance is implemented and to place such map on the City's website. A motion was made by Mr. Petsos, seconded by Mr. Hoog, for approval. The motion carried unanimously, with voting as follows: Mr. Hoog, For; 'Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 5. Motion to Approve: Resolution No. 2010-22, Revising City Code Appendix B fees for Outdoor Entertainment Event Permits „per City Code Chapter 10, Article I[I: Attorney Garganese read the title of the Resolution into the record and explained the Resolution establishes 2 rate categories, which are based on the estimated number of individuals to be in attendance. The discussion included how the $250.00 fee was chosen; what qualifies as an Outdoor Entertainment Event; the clean up and damage deposit when the event is held at a City facility and the need to ensure we are not duplicating fees. Consensus was reached to research the clean up deposit and ensure there is not a double fee when Manatee Park is used and to consider reducing the clean up and damage deposit to $250.00 for those events that are 200 or less persons, and to return this item at the Second Reading of the Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 4 of 5 ORDINANCE: First Public Hearing: 6. Motion to Approve: 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, at First Reading: Attorney Garganese read the title of the Ordinance into the record. He reviewed the requirements of the Ordinance. The discussion included the merits of the Ordinance; the current beach vending operations; restricting vending operations to Cherie Down Park; limiting the total number of franchises available; the need for a workshop to further discuss/study this proposal; the need to limit the number of mobile carts each vendor can have; the desire to also allow the ice cream truck. During the discussion, Council Members expressed receiving many phone calls objecting to allowing commercial operations on the beach. Mr. Al Vicidomini questioned how vendors would get from the street to the beach; whetherthere would be trailers left on the beach overnight and urged for mobile food/beverage vending, but discouraged vending of chairs/umbrellas. Mr. Jim Huston spoke against the Ordinance, as presented. He did support the mobile food/beverage vending. Mr. Michael Britt expressed his concerns of public safety for the food/beverage vending; he felt there should be a feasibility study and was also concerned about the clean up of beach and the associated cost. Mr. Bill Mahoneyurged for the continued solitude that is enjoyed currently on the beach and urged for a ballot item to .obtain the input from the voters of the city. Mr. Sean Johnson expressed his feelings that there is money to be made on the beach; the issues for most residents were peace and quiet and property values. He felt the commercial activities would help raise the property values and this type of activity would also be good for non-profit organizations. He also urged for at least two franchises for the same type of vendor. Mrs. Rhonda Anderson expressed her feelings that the current. vendor does not disturb the peace and quiet of the beach. She felt the current vendor collects trash and stated the current vendor has a state license which also requires an inspection for compliance with health/safety standards. Council discussion continued and included: having two franchises for food/beverage with limiting them to only one cart; whether or not franchise fees would be charged; whether or not a workshop would be needed to further discuss this Ordinance; whether or not this should be placed on a ballot for the voting of City residents; whether these activities are best confined to Cherie Down Park. Consensus was reached for Staff to draft referendum language for Council's consideration at a future meeting. REPORTS: 7. Council: Council Member Roberts: • Asked about an action tracking system a part of the weekly report. Council Members responded the items are City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 5 of 5 • Suggested a facts sheet about the City of Cape Canaveral. (More information will be needed to determine what Ms. Roberts is looking to be included.) • Noted the need for master planning. • Noted Rosalid Harvey will attend the October 19, 2010 Council Meeting to present information regarding Port Canaveral Activities • Asked if photos that are taken of individuals receiving awards could be posted to the City website. City Clerk Apperson indicated the photos are posted on the home page of the website. • Asked if there could be more reporting from the Cape Canaveral Precinct regarding drug activities in neighborhoods. Ms. Roberts noted her attendance at recognition ceremony for Emergency Service Personnel throughout the County. She hoped some type of newspaper recognition could be done for recipients of the Deputy of the Month award. Mayor Pro Tem Petsos: • Noted he had questions related to the Ridgewood Avenue Project and asked if he could e-mail the questions to all Council Members. Attorney Garganese recommended sending his questions to the City Manager. The questions along with the answers could then be disseminated to the Council Members by the City Manager. • Explained he would not be attending the Budget Hearing as he will be attending a Florida League of Cities insurance trust meeting. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:11 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: te: 10/05/2010 Item No. Subject: Approve Resolution No. 2010-23; Appointing a First Alternate Member as a Regular Member and Appointing a Regular Member to The Library Board. (Linda M. Brown and Evelin F. Reid) Department: Legislative Summary: Three year terms of office expire for the Library Board in the month of October. The City Clerk's Office sent two expiration letters to Board Members Dr. Tim Grady and Mr. Harry Pearson inquiring if they desired to continue serving another term. Mr. Pearson indicated he does not wish to be considered for reappointment. Dr. Grady has not forwarded a response to this office and has not attended any meetings in 2010. Should we hear from Dr. Grady, he could be reappointed as an Alternate Member of the Library Board. Upon approval of this Resolution, Ms. Linda Brown will move up from First Alternate Member to Regular Member and Ms. Evelin Reid will come aboard as a Regular Member; both terms will expire 10-01-2013. Ms. Brown has served on the Board since February 2009. Ms. Reid is presently Co -President of the Friends of the Library and an active volunteer. She has been instrumental in reviving online sales of donations to help with Library funding. She is a former Library Board Member. Requested Council Action: Approve Resolution No. 2010-23; Appointing Two Regular Members to the Cape Canaveral Library Board. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: U Attachments: Resolution. No. 2010-23 Submitting Department Head: Angela Apperson, CMC Date: Approved by City Manager: David L. Greene i9 -V-- Date: 110'6110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-23 A RESOLUTION APPOINTING A FIRST ALTERNATE MEMBER AS A REGULAR MEMBER AND APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to appoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Linda M. Brown and Evelin F. Reid are hereby appointed as Regular Members of the Library Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of October, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, CMC Robert Hoog City Clerk Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. 3 Subject: Approve Resolution No. 2010-26; Reappointing Regular Board Members to the Code Enforcement Board, James Hale and Karen Hartley. Department: Legislative Summary: Mr. James Hale and Ms. Karen Hartley currently serve on the Code Enforcement Board. Their terms expire on October 1, 2010. The City Clerk's Office received notice of Ms. Hartley's and Mr. Hale's desire to continue serving on the Code Enforcement Board prompting this resolution for the City Council's approval for reappointment. Their terms will expire October 1, 2013. Requested Council Action: Approve Resolution No. 2010-26. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: gj za Attachments: Expiration Letters Resolution No. 2010-26 Submitting Department Head: Angela Apperson Date: Approved by City Manager: David L. Gr ne Date: gfa3%v City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain September 15, 2010 James C. Hale 110 Washington Ave. Cape Canaveral, FL 32920 Dear Mr. Hale: City of Cape Canaveral Your term on the Code Enforcement Board will expire on October 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next Regular City Council Meeting Agenda on Tuesday, October 5, 2010. WI DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Jame C. Hale, Code Enforcement Board Member Sincerely, Angela M. Apperson,.C_ MC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 wwwcityofeapecanaveral.org • email: ccapecanaveral@cfl.rr.com September 15, 2010 Karen Hartley 399 Holman Road Cape Canaveral, FL 32920 Dear Ms. Hartley: City of Cape Canaveral Your term on the Code Enforcement Board will expire on October 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next Re ular City Council Meeting Agenda on Tuesday, October 5, 2010. I DO wish to be considered for reappointment. ❑ 1 DO NOT wish t be considered for reappointment. (Signature) n Hartley, Cod6 Enfa cement Boar mber �� l Sincerely, . Angela M. Apperson, CMC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org ' • email: ecapecanaveral@cfl.rr.com RESOLUTION NO. 2010-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 22-83 created a Board known as the Code Enforcement Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re- appoint two regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. James Hale and Karen Hartlpy are hereby re -appointed as Regular Members to the Code Enforcement Board in the City of Cape Canaveral with terms to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of October, 2010. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Angela M. Apperson, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. Subject: Approve Resolution No. 2010-27; Reappointing Regular Board Members to the Recreation Board, Carol Delano and Gene Petre. Department: Legislative Summary: Ms. Carol Delano and Mr. Gene Petre currently serve on the Recreation Board. Their terms expire on October 1, 2010. The City Clerk's Office received notice of Ms. Delano's and Mr. Petre's desire to continue serving on the Recreation Board prompting this Resolution for the City Council's approval for reappointment. Their terms will expire October 1, 2013. Requested Council Action: Approve Resolution No. 2010-27. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: 9 W/a Attachments: Expiration Letters Resolution No. 2010-27 Submitting Department Head: Angela Apperson Date: cl12 -)Iro Approved by City Manager: David L. Greene Date: qla SAO City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain September 23, 2010 Carol Delano 223 Madison Avenue Cape Canaveral, FL 32920 Dear Ms. Delano: City of Cape Canaveral Your term on the Recreation. Board will expire on October 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next Regular City Council Meeting Agenda on Tuesday, October 5, 2010. C/ 1 DO wish t j be considered for reappointment. I DO NCS/wikh to bfiAonsidered for reappointment. (Signature) Board Member Sincerely, Angela M. Apperson, CMC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryo£capecanaveral.org • email: ccapecanaveralC cfl.mcom Gene Petre 8487 Ridgewood Avenue Cape Canaveral, FL 32920 Dear Mr. Petre: City of Cape Canaveral Your term on the Recreation Board will expire on October 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 --year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next Regular City Council Meeting Agenda on Tuesday, October 5, 2010. XI DO wish to be considered for reappointment. ❑ I DO O sh a idered for reappointment. (Signature) Gene etre, Chairperson Recreation Board Sincerely, �'X K, 6yr4t�� Angela M. Apper-son, CMC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com RESOLUTION NO. 2010-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Carol Delano and Gene Petre are hereby reappointed as Regular Members of the Recreation Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5t' day of October, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Betty Walsh Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/512010 Item No. 6 - Subject: Approve a Special Alcohol Exemption Permit for Renee Ashley for a Wedding Reception at Manatee Sanctuary Park on October 10, 2010. Department: Parks & Recreation Summary: Applicant Renee Ashley requests a Special Exemption Permit to allow alcohol at a Wedding Reception scheduled for October 10, 2010 at Manatee Sanctuary Park. City Code Sec. 6-52 (a) prohibits the consumption or possession of an open container of alcoholic beverage within the confines of any public park within the City. However, per City Code Sec. 6-52 (b), City Council may waive the prohibitions of this section for any special event provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Requested Council Action: Approve Special Exemption Permit. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: 91,;2$ io Attachments: Application dated 9113110, City ode Article ill, Possession and Consumption, Section 6-52 (b), Parks and Recreation Areas Submitting Department Head: Robert Lefever /,/— Date: 9113/10 Approved by City Manager: David L. Greene V - Date: 9113110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain Adopted: 912010 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: M5 `D The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code Article III, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant: ` TitIe: Brite Organization: Address: E -Mail: Telephone: � I — V 1,;5 — Local Contact: Type of Event: Location(s): PERMIT FEES: Fax: Title: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required by the City of Cape Canaveral, Applicant Signature FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral David L. Greene, City Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 § 6-27 CAPE CANAVERAL CODE to the holder of the receipt and affording the holder an opportunity to be heard as to why the revocation should not be issued. (Code 1981, § 734.01(A)—(C), (E); Ord. No. 02- 2007, § 3, 2-20-07; Ord. No. 07-2008, § 3, 7-1-08) Crossre€erence–•Adult entertainment regulations, § 10-86 et seq. State law reference—Authority to regulate conduct, F.S. §a� 562.14, 562.45. Secs. 6.28•---6-50. Reserved. ARTICLE III. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and park- ing areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon any street, alley, walkway, sidewalk or any city public parking area open to the public in the ordinary course of business within the city. (b) The city council may waive the prohibitions of this section for any special event, including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Code 1981, § 604.01; Ord. No. 06-2002, § 1, 3-19-02) Cross references—Library, ch. 46; parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66; waterways, ch. 106; zoning, ch. 110. Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. —� (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) Cross reference—Parks and recreation, ch. 54. Sec. 6-53. Ocean beach. (a) It shall be unlawful for any person to possess an alcoholic beverage, as defined in F.S. ch. 561, on the ocean beach or dune in containers greater than one gallon (128 ounces) in capacity. (b) The city council may waive the prohibitions of this section for any special event including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Ord. No. 09-2006, § 2, 6-20-06) Secs. 6.54--fi-65. Reserved. DIVISION 2. MOTOR VEHICLES' Sec. 6.66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beuerage means any beverage contain- ing more than one percent of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt Iiquor, malt beverage, wine, wine cooler or other similar name and which bears the manufacturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an alcoholic beverage. Highway means any public street, avenue, bou- levard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or private, located within the incorporated area of the city. *Cross references --Streets, sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74. State law reference—Possession of open containers in vehicles, F.S. § 316.1936. Supp. No. 17 CD6:4 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. 6 Subject: Approve Addendum to Professional Services Agreement with Nick's Lawn Service, Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. Department: Public Works Summary: The City's contract for mowing and landscaping services with Nick's Lawn Service, Inc. ends on June 30, 2011. This and previous contracts have not corresponded with the City's Fiscal Year (i.e., October I to September 30). This has caused inefficient use of Staff time, both at Public Works and Finance. Staff proposes that these services be provided on a monthly basis in July, August, and September 2011 so that the length of the existing contract corresponds with the City's Fiscal Year. It will then be determined if it will be extended for an additional year — all future contracts for these types of services will correspond with the City's Fiscal Year. A copy of the proposed Contract Addendum is included as Attachment #1. Requested Council Action: Approve Addendum to Professional Services Agreement with Nick's Lawn Service, Inc., to extend it through September 30, 2011, which corresponds with the City's Fiscal Year. Financial Impact: The existing contract will be extended for the months of July, August, and September 2011 to correspond with the City's Fiscal Year. Nick's has agreed to perform services for these months at the negotiated contract rates (i.e., no increase in fees). The fee for the three months of service is $42,709.45. A Letter of Agreemen clu d as Attachment #2. Reviewed by City Treasurer: Andrea Bowers Date: q I as j J O Attachments: #1. Contract Addendum #2. Letter of Agreement from Nick's Submitting Department Head: Jeff Ratliff _p�-z� Date: 09/14/10 Approved by City Manager: David L. Greene b 41' Date: T fay //0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Contract Addendum ADDENDUM TO NiCK'S LAWN SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Addendum") is made and entered this day of October, 2010 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and NICK'S LAWN SERVICE, INC., a Florida corporation, whose principal address is 140 N. Tropical Trail, Lot #18, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement"); and WHEREAS, the initial term of the Agreement is currently scheduled to terminate on June 30, 2011; and WHEREAS, the City and Contractor desire to modify the initial term of the Agreement as set forth herein to coincide with the City's fiscal year; and WHEREAS, said modification to the initial term of the Agreement shall not count as one of the five (5) extension options under which the parties may opt to extend the term of the Agreement; and WHEREAS, this Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: Section 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. Section 2 — EXTENSION OF TERM Article 3 of the Agreement shall be replaced in its entirety with the following provision: ARTICLE 3 — TERM This term of this Agreement shall be for one (1) year, commencing on July 1, 2010 and terminating at midnight on September 30, 2011, unless either party chooses to exercise Addendum to Professional Services Agreement City of Cape Canaveraf 1 Nick's Lawn Service, Inc. Page 1 of 3 its rights under Article 27, Termination. The parties shall have five (5) options to extend the term of this Agreement for additional one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates, in an amount not to exceed one half (112) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. Section 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: By: Angela Apperson, City Clerk Rocky Randels, Mayor Addendum to Professional Services Agreement City of Cape Canaveral 1 Nick's Lawn Service, Inc. Page 2 of 3 WITNESSES: Print Name: Print Name: CONTRACTOR: Nick's Lawn Service, Inc., a Florida corporation. By: Print Name: Title: Addendum to Professional Services Agreement City of Cape Canaveral / Nick's Lawn Service, Inc. Page 3 of 3 Attachment #2 Letter of Agreement from Nick's 0911512010 09:15 HICKS LAWN SERVICE, INC. Lawn Service Landscaping Irrigation Fully Stocked Greenhouse City Of Cape Canaveral 105 Polk Ave P.O Boy; 326 Cape Canaveral, F132920 Attn: Kay McKee f Professional Landscape Maintenance "A Woman Owned Small Business" (FAX)3214593409 P.0021002 Wholesale Mulch Pressure Cleaning Tractor Work Parking Lot Sweeping September, 15 2010 This is an official letter of extension for the City Of Cape Canaveral from Nicks Professional Landscape and Maintenance. Nicks Professional Landscape and Maintenance will not raise or adjust any pricing found in the current contract. The time period this letter is good from runs from July 1, 2011 through September 30, 2011_ Thank you, Bryan Blackledge Operations Manager 9.,P7� Nick Stipanovich Vice Pre 'dent A � �" L U T 1.. 140 North Tropical Trail, #18 • Merritt Island, Florida 32953 Phone: (321) 453-6910 • Fax: (321) 459-3409 0 E-mail: nicslawn@belisouth.net City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. % Subject: Approve Third Addendum to Professional Services Agreement with Black's Spray Service, Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. Department: Public Works Summary: The City's contract for chemical spraying and fertilizing services with Black's Spray Service, Inc. ends on May 31, 2011. This and previous contracts have not corresponded with the City's Fiscal Year (i.e., October 1 to September 30). This has caused inefficient use of Staff time, both at Public Works and Finance. Staff proposes that these services be provided on a monthly basis in June, July, August, and September 2011 so that the length of the existing contract corresponds with the City's Fiscal Year. It will then be determined if it will be extended for an additional year — all future contracts for these types of services will correspond with the City's Fiscal Year. A copy of the proposed Third Contract Addendum is included as Attachment #1. Requested Council Action: Approve Third Addendum to Professional Services Agreement with Black's Spray Service, Inc., to extend it through September 30, 2011, which corresponds with the City's Fiscal Year. Financial Impact: The existing contract will be extended for the months of June, July, August, and September 2011 to correspond with the City's Fiscal Year. Black's has agreed to perform services for these months at the negotiated rates (i.e., no increase in fees). The fee for the four months of service will be $14,775.00. A copy of the Letter of Agreement with Black's is included as Attachment #2. Reviewed by City Treasurer: Andrea Bowers Date: glollo Attachments: 111111 #1. Third Contract Addendum #2. Letter of Agreement from Black's Submitting Department Head: Jeff Ratliff— Date: 09/14/10 Approved by City Manager: David L. Greene C>`ice Date: T [,2,3)/o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Third Contract Addendum THIRD ADDENDUM TO BLACK'S SPRAY SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS THIRD ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Third Addendum") is made and entered this day of , 2010 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement"), and an Addendum and Second Addendum (collectively "Addendums") thereto; and WHEREAS, the Agreement, as modified by the Addendums, is scheduled to terminate on May 31, 2011; and WHEREAS, the City and Contractor desire to modify the current term of the Agreement, as modified by the Addendums, to coincide with the City's fiscal year; and WHEREAS, said modification to the current term of the Agreement shall not count as one of the remaining options under which the parties may opt to extend the term of the Agreement; and WHEREAS, this Third Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — MODIFICATION OF TERM The current term of the Agreement, as amended by the Addendums, shall be modified to terminate at midnight on September 30, 2011. This modification of the current term of the Agreement shall not be construed as the parties exercising one of their remaining three (3) options to extend the term of the Agreement for additional one-year periods. Third Addendum to Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum as of the day and year first above written. Attest: Angela Apperson, City Clerk WITNESSES: Print Name: Print Name: ��] 111110 City of Cape Canaveral, Florida, a Florida municipal corporation. Rocky Randels, Mayor CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. By: Print Name: Title: Third Addendum to Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc, Page 2 of 2 Attachment #2 Letter of Agreement from Black's 09/13/2010 21:46 3214520570 SERVING BREVARD COUNTY SINCE 1952 Bhwk, LAWN CARE AND PEST CONTROL 3625 N. Courtenay Parkway • Merritt island, Florida • Tel: 321-452-4911 • Fax. 321-452-0570 Mailing Address: Past Office Box 540201 • Merritt Island, Florida 32954-0201 City of Cape Canaveral Kay McKee P.O Box 326 Cape Canaveral, FL 32920-0326 K. M ckee@cityafcapecan averal.orq RE: Contract Pricing for the City of Cape Canaveral. PAGE 01/01 August 31, 2010 Per your request, I want to confirm that our pricing will remain the same for the period 06/01/11 thru 09/30/11. Thank you for allowing us to be your service provider of choice. Please feel free to call me if you have any questions. Sincerely, Carlos S Boyer President I City of Cape Canaveral' A^ I City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. 15 Subject: Award Project Work to Atlantic Development of Cocoa, Inc. (Atlantic) in the Amount of $24,115.00 for De -mucking the Stormwater Ponds at the City's Wastewater Treatment Plant (Wwrp). Department: Public Works Summary: The stormwater ponds located at the City's WWTP have not been cleaned for nearly 10 years. The southernmost pond is completely overgrown with cattails - the northernmost and the ditch connecting the ponds contains excessive growth (see photographs included as Attachment #1). Untreated sewage flowed into the ponds during and after Tropical Storm Fay. The Scope of Work includes removal of vegetation (primarily cattails) and any muck lining the bottom of the ponds and ditch. Removal of the muck will improve efficiency of the stormwater ponds. Although this project is being "piggybacked" on Atlantic's Continuing Services Contract with the City of Cocoa (see Attachment #2), two other price quotes were obtained for the work. Atlantic's price quote is the lowest of the three (see Attachment #3). Requested Council Action: Award Project Work to Atlantic Development of Cocoa, Inc. (Atlantic) in the Amount of $24,115.00 for De -mucking the Stormwater Ponds and the connecting ditch at the City's WWTP. Financial Impact: This is a budgeted item for FY2010-201 1. Funds are available from the Stormwater Utility (403-018-538-461000). Price quotes are included as Attachment #3. Reviewed by City Treasurer: Andrea Bowers 2 Date: 9/06/10 Attachments: #L Photographs #2. Agreement for Utilities General Construction Contractor #3. Price Quotes Submitting Department Head: Jeff Ratliff Date: 09:/15/10 Approved by City Manager: David L. Greene Date: 7/23 /,f�D City Council Action: j Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain Attachment #1 Photographs Page I of I For,,,0,, CTA, 0/ir,eva,r,O,,, Qovklly/� Frty MAp http://brevardpi,op,ertyappralser.com/scripts/esrimap.dll'?name—Brevard I &id=201 0091514., . 9/15/2010 Attachment #2 Agreement for Utilities General Construction Contractor November 1.8, 2009 Atlantic Development of Cocoa, Inc. 2185 Nest Ding Street Cocoa FL 32926 Attention Glenn S. Grignon — General Manager Re: Agreement for Utilities General Construction Contractor Dear Mr: Grignon: Office of the City Clerk Joan Clary MMC 65 Stone Street Cocoa, Florida 32922 (322) 433-8488—phone (321),433-8455 -facsimile The Cocoa City Council, at its regular meeting of November 10, 2009, unanimously approved the above referenced agreement. I have enclosed the agreement as executed by the City of Cocoa. It is requested that you sign the agreement and return it to my attention. T will date the agreement and provide you with a certified copy. If you have any questions or require additional information, please feel free to calla Sincerely, .A 4 roan Clark, MMC City Cleric City of Cocoa AGREEMENT FOR UTILITIES GENERAL CONSTRUCTION CONTRACTOR THIS AGREEMENT is made and entered into this day of 2009, by and between the CI'I Y OF COCOA, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as "City', to cated at 65 Stone Street, Co co a 32922, and Atlantic Development of Cocoa, Inc. 2185 West King Street, Cocoa, Florida 32926, hereinafter referred to as "Utility Contractor". WITNESSETH: and WHEREAS, City wishes to obtain under ground utility services on a continuing basis; WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Cornpetitive.Negotiation Act, Section 287.055, Florida Statutes; and WHEREAS, Utility Contractor participated in the selection and negotiation process; and WHEREAS, Engineer is willing to provide such underground utility services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this Agreement shall terminate on the third (3rd) anniversary of the Effective Date. 1.2 The terms and conditions of any Task Authorization, as described in Section 2 hereof; shall be as set forth in such Task Authorization. Any Task Authorization in effect at the termination of this Agreement shall remain in effect until completion of said Task Authorization, and all of the terms and conditions of this Agreement shall survive until completion of all Task Authorizations. 1.3 IDefmtions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a."Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shah constitute authorization for the Engineer iio provide the engineering services approved by Task Authorization by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Utility Contractor" shall mean Atlantic Development of Cocoa Inc., and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in Section 119. 011(1), Florida Statutes e. "Reimbursable Expenses" shall man the actual expenses incurred by Utility Contractor or Utility Contractor's independent professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, Section 1.12.061, Florida Statutes, or any other actual expenses the City agrees to reimburse by Task Authorization. f. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in a Task Authorization. g. "Task Authorization" shall mean a written document approved by the parties pursuant to the procedure outlined in paragraph, 2.0 of this Agreement, and any amendments thereto approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the Work to be performed by Utility Contractor under this Agreement. 2.0 DESCI IMON OF SERVICES 2.1 The City shall make request of Utility Contractor to perform underground utility services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a general descriptiort of the task to.be performed. The Utility Contractor will generate a detailed Scope of Work document, prepare a Schedule, add a Nat -to -Exceed -Budget or Lump Sum Fee to accomplish the task, and send the thus developed "Task Proposal" to the City. If a site visit by Utility Contractor is needed to generate the scope document, Utility Contractor shall request approval prior to visiting the site. The City will review the Task Proposal , and if the description is mutually acceptable, the parties will enter into a written "Task Authorization" . The Scope of Services generally to be provided by the Utility Contractor through a Task Authorization may include any phases of general transportation engineering. These phases are more clearly defined in the attached Exhibit "A". The City will issue a Notice to Proceed to the Engineer in the form of a City purchase order. Upon receipt of the signed Task Authorization and a written Notice to Proceed from the City, the Utility Contractor shall perform the services set forth in the Task Authorization. 3.0 GANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Utility Contractor. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Utility Contractor will negotiate any change in total cost or schedule modifications. If the City and the Utility Contractor approves any change, the Task Authorization will be modified in writing to reflect the changes; and Utility Contractor shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Utility Contractor's designated representative. 3.2 All of City's said Task Authorizations and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Utility Contractor shall perform services in conformance with the mutually agreed schedule set forth in the negotiated Task Authorization. Utility Contractor shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a weekly basis or as otherwise reasonably requested by the City. Should Utility Contractor fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed-upon schedule. 4.2 No extension for completion of services shall be granted to Utility Contractor without City's prior written consent, except as provided in Sections 3.1 and 20.1 herein. 5•0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5.1 General Services. For basic and additional Services performed by Engineer's principals, employees, and resident project representatives (and assistants) pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that agreed upon by the parties for a particular Task Authorization. 5.2 Addidonal Services Perfornwd by Professional Associates and Consultants. For additional Services and Reimbursable Expenses of independent professional associates and consultants employed by Utility Contractor to render additional Services pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that billed Utility Contractor by the independent professional associates and consultants multiplied by a factor of 1.10. Prior to payment by the City, the Utility Contractor shall submit to the City a copy of any written invoice received by Utility Contractor from all independent professional associates and consultants which clearly evidences the amount billed by the independent professional associates and consultants for additional Services and any Reimbursable Expenses. 5.3 Witness Services. For witness or expert services rendered by Utility Contractor's principals, employees, resident project representatives (and assistants), and independent professional associates and consultants on behalf of the City in any litigation, arbitration, or other legal or interested administrative proceeding in which the City is a named interested parry, City agrees to pay the Utility Contractor or independent professional associate or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the parry for a particular Task Authorization. 5.4 Reimbursable Expenses. In addition to payments provided in paragraphs 5.1, 5.2 and 5.3 above, City agrees to pay Utility Contractor the actual cost of all Reimbursable Expenses incurred in connection with any Task Authorization. 5.5 Paymeui. Upon receipt of a proper invoice from Utility Contractor, the City agrees to pay the Utility Contractor the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement and any applicable Task Authorization. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Engineer and its principals, employees, resident project representatives (and assistants), and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Utility Contractor. 6.0 RIGHT TO INSPECTION 6.1 City or its affiliates shall at all times have the right to review or observe the services performed by Utility Contractor, 6.2 No inspection, review, or observation shall relieve Utility Contractor of its responsibility under this Agreement. 7.0 PROGRESS MEETING 7.1 City's designated Project Manager may hold periodic progress meetings on a weekly basis, or more frequently if required by the City, during the term of any Task Authorization entered into under this Agreement. Utility Contractor's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project 'Manager. 8.0 SAFETY 8.1 Utility Contractor shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 9.0 REASONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Utility Contractor reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE 10.1 Liabfty Amounts. During the term of this Agreement, Utility Contractor shall be responsible for providing the types of insurance and limits of liability as set forth below. a)Professional Liability: Proof of professional liability insurance shall be provided to the City for the minimum amount of $1.,000,000 as the combined single limit for each occurrence. b)The Engineer shall maintain comprehensive general liability insurance in the minimum amount of$1,000,000 as the combined single limit for each occurrence to protect the Engineer from claims of property damages which may arise from any Services performed, under this .Agreement whether such Services are performed by the Utility Contractor or by anyone directly employed by or contracting with the Engineer. c)The Utility Contractor shall maintain comprehensive automobile liability insurance in the mizaimunz amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Utility Contractor from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Engineer or by anyone directly or indirectly employed by the Utility Contractor. d)The Utility Contractor shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all, of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30 day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its Werest may appear, from time to time. 10.3 Independent Associates and Consultants. All independent associates and consultants employed by Utility Contractor to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11.0 COMPLIANCE WEM LAWS AND REGULATIONS 11.1 Utility Contractor shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 18.0 REPRESENTATIONS 12.1 Utility Contractor represents that the Services provided hereunder shall conform to all requirements of this Agreement and any Task Authorization, shall be consistent with recognized and sound engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. 12.8 Utility Contractor represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perforin the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 13.0 GUARANTEE AGAINST iNliiRINGEMENT 13.1 Utility Contractor guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Utility Contractor shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Utility Contractor may elect to provide non -infringing services. 14.0 DOCII'11IEN s 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Utility Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Engineer. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Utility Contractor is subject to the provisions of Chapter 119, Flo?ida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Utility Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Utility Contractor be open and freely exhibited to the City for the purpose of examination and/or audit. 14.2 Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Utility Contractor and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein may be reused by the City for any reason or purpose at: anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adoption by the Utility Contractor, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Utility Contractor. 14.3 The Utility Contractor acknowledges that the City is a Florida municipal Corporation and subgect to the Florida Public Records Law. Utility Contractor agrees that to the extent any document produced by Utility Contractor under this Agreement constitutes a Public Record, Utility Contractor shall comply with the Florida Public Records Law. 15.0 ASSIGNMENT 1.5.1 Utility Contractor shall not assign or subcontract this Agreement, any Task Authorization hereunder, or any rights or any monies due or to become due hereunder without the prior, written, consent of City. 15.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Utility Contractor, Utility Contractor shalt be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Utility Contractor who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Utility Contractor, prior to the cOmmencement of any Work by the subcontractor, Utility Contractor shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOlEt 16.1 At all times during the term of this Agreement, Utility Contractor shall be considered an independent contractor and not an employee of the City. 17.0 DEFAULT BY UTI?C,M CONTRACTOR AND CITY'S REMEDIES 17.1 The City reserves the right to revolve and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of'which shall represent a default and breach of this Agreement: 17.2 Utility Contractor defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of; unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Utility Contractor shall have such time as is reasonably necessary to remedy the default, provided the Utility Contractor promptly takes and diligently pursues such actions as are necessary. 17.3 Utility Contractor is adjudicated bankrupt or makes any assignment for the benefit of creditors or Utility Contractor becomes insolvent, or is unable or unwilling to pay its debts; or 17.4 Utility Contractor has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 17.5 Utility Contractor has committed any act of fraud upon the City; or 17.6 Utility Contractor has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 17.7 Notwithstanding the aforementioned, in the event of a default by Utility Contractor, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TE)RMICN'ATION 18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Utility Contractor, terminate this Agreement, without penalty, if (a) Utility Contractor is in default pursuant to paragraph 17.0 Default; (b) Utility Contractor makes a general assignment for the benefit of its creditors; (c) Utility Contractor fails to comply with any condition or provision of this Agreement; or (d) Utility Contractor is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work properly performed prior to the effective date of termination. 19.0 FORCE M JEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; ware; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control Of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the Iaws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 READINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 S]EVERABYLITy 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1. Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Utility Contractor. 25.0 kR—OH]13M q AGAINST C® I iN &pqT FEES 25.1 Utility Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Utility Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Utility Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AOTIEEkli NT 26.1 This Agreement, including any Task Authorizations and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Utility Contractor with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATT'ORNEY'S S. Should either parry bring an action to enforce any of the terms of this Agreement, the prevailing patty shall be entitled to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUN'I`ERPARTS. This Agreement maybe executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 30.0 D1tA 71ING. City and Utility Contractor each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NO'T'ICE For Utility Contractor Atlantic Development of Cocoa .2185 West King Street Cocoa, Florida 32926 Attention Glenn S Grignon — General Manager Phone:321-639-8788 EaLc-hityl. City of Cocoa/ Utilities Department Attention: Water Field Operations IL 600 School Street Cocoa, Florida 32922 (321)433-8700 FAX: (321)433-8708 31.2 Either party may change the notice address by providing the other party written notice of the change. 32.0 SOVEREIGN LVDIUNITy, Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 33.0 C® PORATE REPRESENTATI®NS BY ENGINEER. Engineer hereby represents and warrants to the City the following: (a)Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. (b)The undersigned representative of Utility Contractor has the power, authority, and legal right to execute and deliver this Agreement on behalf of Utility Contractor. 34.0 IND ENIN FICATI®N. µ For all Services performed pursuant to this Agreement, the Utility Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees and officers from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a)any default under this Agreement by Utility Contractor; b)any negligent act, omission or operation of work related to all Services performed under this Agreement by Utility Contractor, and its employees, principals, agents, independent contractors, and consultants. The indemnification provided above shall obligate the Utility Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees and officers which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Utility Contractor, or anyone directly or indirectly employed by them in all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate of $200 per hour 0 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: UTILITY CONTRACTOR: CITY OFC OA, FLORIDA: Atlantic Development of Cocoa, INC.: By. Mayor Print Name/Title: A4naa : CO1WRATE SEAL:_ Y Jk, City Clerk )MIRIT "Aar SCOPE OF SERVICES BASIC CONSULTING SERVICES AGREEMENT The City of Cocoa is soliciting statements of qualifications and fee schedules from interested construction firm to provide general contracting work on utility systems owned and/or operated by the City. The selected firm will enter into a Continuing Services Agreement with the City of Cocoa to perform work as a Utility Underground Contractor for a two-year period, renewable for two two-year periods. Selection will be in compliance with Florida Statue, Chapter 287, sections 287.001 to 287.1345, "Commodities, Insurance and Contractual Services." The scope of services to be provided will include, but is not limited to, the following tasks and certain specific projects: • Repair and/or replace water, sewer, and/or reclaim mains, valves and fire hydrants • Repair and/or replace water, sewer, and/or reclaim service Iines • Repair and/or replace sewer manholes • Repair and/or replace sanitary sewer gravity system pipes • Install new water, sewer, and/or reclaim pipes to the City owned system t Repair and/or replace storm drain pipes and storm drain inlets and -junction boxes • Repair and/or replace piping in water and waster water plants • Repair or replace various size pipes consisting of various materials: i.e.: corrugated metal, Plastic and reinforced concrete. • Do line stops I install valves on large diameter transmission mains • Restore and pave DOT roads Replace concrete driveways, curbing and sidewalks SCOPE OF SERVICES REQUIRED A. General The work under this R.F.P. will be on an as -needed basis. individual work assignments will be authorized and performed by "work assignments" . Contractors must respond within 48 hours of a city request. If for any reason your work schedule will not allow you to perform the requested work, then the next lowest bidder will be contacted to perform the requested work assignment. It is anticipated the City will hire at least three companies to perform a portion or all of the tasks listed above. Firms that specialize in one or more, but not all of the items listed in the scope of services may be qualified and selected for specific tasks according to their experience and expertise. Firms that are currently under contract with the City to perform these tasks will not be given priority over other firms that are not currently under contract with the City. It is anticipated this will be a multi-year renewable contract. Attachment #3 Price Quotes ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 May 10. 2010 City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral 32920. Attn: Jeff Ratliff Re: Cleaning Stormwater Ponds Jeff, We are pleased to provide a quote to supply all labor, equipment and supervision for the above referenced project in performing the following task: South Pond - Remove Cat tails and muck. North Pond - Pump water, remove approximately 3' of muck - silt and store in holding tank on site. When dry, haul off. Total Lump Sum Price ............... $24,115 Respectfully, 1 im Moore tlantic Development of Cocoa, Inc. JM:djt Cc: file ABC LANDCLEARING & DEVELOPMENT, LLC DBE Contractor for the State of Florida DATE: May 19, 2010 City of Cape Canaveral Attn: Jeff Ratliff 601 Thurm Blvd. Cape Canaveral, FL 32920 jradiff-cape@cfl.rr.com 1130 Peachtree Street Cocoa, FL 32922 Office 3211636-4734 • Fax 3211633-6334 PROPOSAL and CONTRACT REVISED ABC Land clearing & Development, Inc., hereinafter called the Company, offers to furnish all labor, materials and equipment required for the performance of the following described work in connection with construction or improvements at: North Pond (145' x 100% South Pond (83' x 1241) and Channel (218' x 18') L Place & remove dirt (10 loads) $2,000.00 2. Move fill onsite (180 cyd) $ 270.00 3. Muck haul off (177 loads) $23,010.00 4. De -watering $ 1,500.00 5. Mobilization $ 750.00 6. De -mucking (3,192 cyd) (3 feet) $11,970.00 $39,500.00 Notes: 1. No permits, fees, bonds, or testing included. Bond is available upon request at additional cost. 2. Prices are based on Work to be done in 1 mobilization. Any additional mobilizations required will be an additional charge. 3. De -mucking quantities based on pond measurements supplied by Asst. Public Works Director. Proposal also does not include: Removal of unsuitable materials (rock, gumbo, muck, buried, contaminated soil); Certified as-builts; Rough grading defined as plus or minus 2 inches; Striping or signs; Seeding, sodding or grassing; Relocation of utilities or power poles; Tree and wetlands area fencing; Concrete root barriers; Construction layout and compacting tests; Density testing; Mitigation or littoral planting; Re -grading after Plumber or concrete foundation is dug. No hauling off trash No finish grading of property. Unless a lump sum price is to be paid for the foregoing work and is clearly so stated, it is understood and agreed that the quantities referred to above are estimates only. Payments shall be made at the stated unit prices on the actual quantities of work performed by the company as determined upon completion of the work. If the foregoing meets with your acceptance, kindly sign and return a copy of our proposal. Upon its receipt, it is understood, the foregoing, including terms and conditions, will constitute the full and complete agreement between US. ABC Land clearing & Development, Inc wants to extend my services to you as a Minority Subcontractor. My company has the knowledge and experience to provide professional service to you on this project. We have worked for over 20 years as a Minority on FDOT projects for such companies as Industries, APAC-Southeast, Inc. and RKT Construction Company, just to name a few. This proposal expires thirty (30) days from the date hereof, but may be accepted at any later date at the sole option of the Company. Accepted: BY: BY: jamesg. Coins, Tr'esident DATE: DATE: `JV,iay 20, 2010 Jeff Ratliff From: scci@santacruzconstruction.com Sent: Wednesday, May 26, 2010 5:23 PM To, Jeff Ratliff Subject: Cape Canaveral - Muck Cleaning of Two Rentention Ponds @ City Public Works Facility Mr_ Ratliff, Santa Cruz Construction, Inc. (SCCI) respectfully submits a quote of $44,987.00 (does not include disposal fee) to pump down and excavate the muck from 2 each retention ponds and the channel connecting them. After excavating the ponds, SCCI will allow the muck to dry on city property before removal off-site. SCCI proposes to clean the channel first to allow a little more volume for the pumping operation. SCCI envisions pumping the water from one pond into the other. Removing as much muck as possible based on the capabilities of our Long Reach excavator. Depositing the muck on site in the drying beds between the ponds and allowing the muck to dry before transport off site. Once one pond is cleaned, the operation will be performed on the other pond. Based on the dimensions you provide SCCI, here are the volumes, I have calculated: North Pond: Muck -145' x 100'x 3' of muck = 43,500 cf =1,620 cy Water— 145' x 100'x 6' of water = 87,000 cf = 652,500 gallons ( 1 cf = 7.5 gallons) (Note; SCCI is planning on only pumping down 6' of water) South Pond: Muck - 83'x 124' x 3' of muck = 30,876 cf= 1,143 cy Water -83'x 124'x 6' of water = 61,752 cf = 463,140 gallons Based on these dimensions, there is almost 3,000 cy (3,300 tons) of muck to removed. The disposal rate at the County landfill for this material is $29.50 per ton. The cost of disposal at the County landfill is $97,350.00, If SCCI is required to dispose of the material at the landfill, this will be an addition to the proposal quote. If the city has an alternative dump site within 15 miles of the facility, our quote includes transportation to that site. Proposal excludes the following: - Surveys/as-builts - Any required permitting - Landscaping or grassing of disturbed areas - Disposal fees/Dump fees If you have any questions, please do not hesitate to contact me. Sincerely, Dacks Rodriguez Vice President Santa Cruz Construction, Inc. 321-452-3190 Office 321-459-3358 Fax scciL@santacruzconstruction.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. Subject: Approve Funds for MTN Resources, LLC (MTN) in the Amount of $6,039.30 to Provide Services to Meet Federal Stimulus Fund Reporting Requirements for the Ridgewood Avenue Improvements Project. Department: Public Works Summary: The Federal stimulus funded portion of the Ridgewood Avenue Improvements Project is approaching and includes $181,563.00 for milling/paving operations. Reporting requirements to receive the Federal stimulus funds are extensive and the services of a specialty consultant are recommended by City Staff. This will ensure that the appropriate tasks are performed and that the proper paperwork will be filed so that payment from the Florida Department of Transportation (FDOT) is received in a timely manner. The consulting firm hired by the FDOT to perform Federal stimulus fund training courses is MTN Resources, LLC of Longwood, Florida. Review of company information and attendance at an MTN seminar in 2009 revealed that MTN is highly specialized and most qualified to perform these types of reporting services. The extensive scope of work required for Federal stimulus fund reporting projects is included on the MTN cost estimate included as Attachment ##1. Some of these tasks include the following: • Monitor and enforce compliance for all four elements of the FDOT program (including EEO, wages, DBE, and OJT). • Monitor EEO (Company and Project) requirements for both the prime contractor and subcontractor whose contracts exceed $10,000 and ensure all required submittals are received from the Contractor and subcontractors. • Receive and check weekly payrolls for both the prime contractor and subcontractor for compliance with the Davis Bacon Act and other applicable Federal regulations. • Monitor the contractor's utilization of certified Disadvantaged Business Enterprise (DBE) and report to FDOT the Contractor's commitment for DBE utilization and actual payments made to certified DBE's. + Monitor and ensure compliance with On -The -Job Training (OJT) requirements in accordance with FDOT's training program, if applicable, to project. • Perform monthly interviews with project personnel of both the prime contractor and sub -contractor to ensure compliance with EEO and Wages requirements. • Prepare and ensure monthly reporting of Federal compliance requirements for ARRA projects. Requested Council Action: Approve Funds for MTN Resources, LLC (MTN) in the Amount of $6,039.30 to Provide Services to Meet Federal Stimulus Fund Reporting Requirements for the Ridgewood Avenue Improvements Project. Financial Impact: This is a non-budgeted item, although City funds are available for including these services in the project budget (001-017-901-630100). A budget summary for the Ridgewood Avenue Improvements Project is included as Attachment #2. Reviewed by City Treasurer: Andrea Bowers Date: 9laoll o Attachments: I #1. Cost Estimate #2. Budget Summary Submitting Department Head: Jeff Ratliff _Aa_114 Date: 09/15/10 Approved by City Manager: David L. Greene 'c Date: 't[.W/b City Council Action: [ ] Approved as Recommended [ ] Disapproved Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Cost Estimate MTN Resources, LLC PROPOSAL OF SERVICES FOR CITY OF CAPE CANAVERAL Phase II Ridgewood Avenue Improvements — LAP Pro-iect FPID 426303-1-58-01 I. PURPOSE The purpose of this proposal is to define the services necessary to monitor construction contract compliance requirements in accordance with Required Contract Provisions Federal -Aid Contracts (FHWA 1273) on behalf of the City of Cape Canaveral for the specified Local Agency Program (LAP)-- projects_ -- II. SCOPE The Consultant shall provide the necessary and qualified personnel in order to effectively and efficiently monitor the projects as defined in this scope for compliance with Required Contract Provisions Federal -Aid Contracts (FHWA 1273). These services should be performed in accordance with the program established by Florida Department of Transportation (FDOT) District Five Construction Office for purposes of Local Agency Program (LAP) projects. Those monitoring services shall include, but not be limited to: (1) Attend the pre -construction meeting and communicate all EEO requirements. (2) Ensure the project bulletin board is in place throughout the life of the project and includes all required documents, posters, forms and other information. (3) Monitor and enforce compliance for all 4 elements of the FDOT program (including EEO, Wages, DBE, OJT). Collect and maintain in a filing system the associated submittals. (4) Analyze and evaluate data submittals in order to take appropriate actions when necessary. (5) Coordinate and respond to FDOT requests for project data. (6) Monitor EEO (Company and Project) requirements for both the prime contractor and subcontractor whose contracts exceed $10,000 and ensure all required submittals are received from the Contractor and subcontractors. (7) Receive and check weekly payrolls for both the prime contractor and subcontractor for compliance with the Davis Bacon Act and other applicable Federal regulations. (8) Communicate as necessary to the prime contractor any issues of non-compliance for resolution. Communicate with FDOT any instances of non-compliance (including payroll violations) as deemed necessary. (9) Monitor the contractor's utilization of certified Disadvantaged Business Enterprise (DBE) and report to FDOT the Contractor's commitment for DBE utilization and actual payments made to certified DBE's. (10) Monitor and ensure compliance with On -The -Job Training (OJT) requirements in accordance with FDOT's training program, if applicable to project. Submit all required documents to FDOT. (11) Perform monthly interviews with project personnel of both the prime contractor and sub -contractor to ensure compliance with EEO and Wages requirements. (12) Prepare and ensure monthly reporting of federal compliance requirements for ARRA projects. III. PERSONNEL A. General Requirements: The Consultant shall staff the project with qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement as defined by the scope of these services. Method of compensation for personnel assigned to this project is outlined in Section V. Fee Estimate. B. Personnel Qualifications: Resident Compliance Specialist — Possess and maintain a working knowledge of EEO/AA laws and FDOT's programs for construction contract compliance (including EEO, DBE, Wages, OJT). Must also hold prior experience monitoring construction contract compliance on Federal -aid projects. IV. PROJECTS The projects identified for purposes of these services shall include: (1) Project Name: Phase II Ridgewood Avenue Improvements FPID 426303-1-58-01 Project Length: 45 calendar days, plus additional 45 days for punch list items V. FEE ESTIMATE The Method of Compensation for these services shall be for actual hours of service performed at the established loaded billing rate per hour within a maximum limiting amount, as defined below: Personnel Unit of Service Hourly Billing Rate Resident Compliance Specialist/ LAP Coordination Per Hour $63.77 The above proposed rates include all overhead and direct expense amounts associated with the position. 2 The estimated work effort and associated cost is as follows: Project: Phase II Ridgewood Avenue Improvements Service # of Units Frequency Rate Total Effort Pre -Construction 2 hours 1 meeting $63.77 $127.54 Compliance Coordination Meeting Compliance 6 hours/week 13 weeks $63.77 $4,974.06 Monitoring Travel to City 1 hour x 2 2 trips $63.77 $255.08 Offices (roundtrip) Travel to City 60 miles x 2 2 trips $.50 $120.00 Offices (roundtrip) Travel to Project 1 hour x 2 3 trips $63.77 $382.62 (roundtrip) Travel to Project 60 miles x 2 3 trips $.50 $180.00 (roundtrip) Total 1 $6,039.30 VI. LENGTH OF SERVICES These services shall commensurate in conjunction with the associated project schedules until project completion and close-out. VII. OTHER SERVICES Upon written authorization, the Consultant will perforin additional services in connection with the project not otherwise established in this proposal for services in accordance with the established Method of Compensation. 3 Attachment #2 Budget Summary C� C/1 o 519 0 ova 00 N M as M `p Gh M N OG tn CZ CC V � 0 0 0 0 0 0 cQn o o v ss v� kn F in Cl 0 0 0 n o in o o 'n �o e o o n o C, o e o o N n n c� O o ' CN O �o .n-� C% o " v N o 69 a O ri - c IT vi M k n a M 00 00 ds � N es s4 �t E.9 C a -469 M a 0 r 6R Ch S4 to 00 - 64 tr o u V1 U N o o 3 m O to i � co U � F. N C ho Vi o 'c 4 Y kni K U v, C O ca o � Vi H C ea o U y PW F ^C c� CQ City of Cape Canaveral City Council Agenda Form City Council Meeting Date: /0110510010 Item No. Subject: Approve Resolution 2010-24, Supporting Adoption of the Brevard County Municipal Voter Charter Amendment on the November 2010 General Ballot and authorize the Mayor to sign a letter indicating such support and placing it on the City's website. Department: Legislative Summary: The Municipal Voter Charter Amendment is a way for city voters to have a greater say in important matters that affect their communities. It requires that proposed County Charter changes that affect City powers and authority be approved by voters countywide and voters within the city. This will protect city residents from changes to city regulatory authority against their wishes and allows voters to protect the unique character of their community. If approved, this change will protect the authority Brevard cities and their residents currently have and places decisions affecting city powers and services squarely in the hands of city voters. Requested Council Action: Approve Resolution 2010-24, Supporting Adoption of the Brevard County Municipal Voter Charter Amendment on the November 2010 General Ballot and authorize the Mayor to sign a Ietter indicating such support and placing it on the City's website. Financial Impact: NIA 9a13 in Attachments: x© Supporting Documents Reviewed Resolution No. 2010-24; Proposed Municipal Voter Amendment; Letter to be Signed by the Mayor; FAA's; History of Municipal Home Rule Dual Vote in Florida; Brevard County Home Rule Dual Vote White Paper Submitting Department Head: Date: Approved by City Manager: David L. Greene r Date: T f a,31 /6 City Council Action: j ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2010-24 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING THE ADOPTION OF THE BREVARD COUNTY MUNICIPAL VOTER CHARTER AMENDMENT ON THE NOVEMBER 2010 GENERAL BALLOT; ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE CITY OF CAPE CANAVERAL SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS JURISDICTION; PROVIDING THAT SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 7.4 requires that a Charter Review Commission be appointed by the Board of County Commissioners every six years to review the home rule charter and provide recommendations for amendments of the charter for placement on the next general election ballot; and WHEREAS, Section 7.4 requires that the Charter Review Commission hold at least three public hearings on any proposed charter amendment or revision; and WHEREAS, the Rules of Procedure adopted by the Charter Review Commission further requires that charter amendments shall be transmitted to the Board of County Commissioners for placement on the ballot if at least 10 members of the Charter Review Commission vote to approve it; and WHEREAS, the Charter Review Commission was constituted in August 2009; and WHEREAS, the Charter Review Commission held three public hearings on June 4th, June 17th and July I" on the Municipal Voter Amendment; and WHEREAS, the Municipal Voter Amendment received 12 votes in favor of placing it on the ballot; and WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the "Municipal Home Rule Powers Act," provides a broad grant of authority to all municipalities to enable them to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of municipal government by means of language which reads as follows: Municipalities shall have the governmental, corporate, and propriety powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act except for those subjects specifically listed at Section 166.021 (3)(a) -(d); and WHEREAS, municipalities are voluntary forms of government and would not exist if communities had not organized and held special elections in order to create the local form of government; and WHEREAS, residents in a community decide to incorporate in order to govern themselves and to gain a greater degree of control over issues that impact their quality of life and property interests directly; and WHEREAS, municipalities represent the form of government which is closest to the people and therefore many people expressly choose to live within municipalities in order that their ideas may be heard on a more personal basis; and WHEREAS, the issue of "home rule" has been a priority of the Brevard League of Cities; and WHEREAS, the City of Cape Canaveral desires to preserve this unique responsive form of government and believes it to be in the best interests of its citizens to adopt this Resolution formally stating its position regarding the proposed Municipal Voter Charter Amendment. NOW THEREFORE BE IT RESOLVED BY THE CAPE CANAVERAL CITY COUNCIL THAT: Section 1. The City of Cape Canaveral believes that when issues are in conflict between the Brevard County Charter and a municipality or several municipalities, such conflict should be resolved by the approval by a majority of the electors within the County and a majority of the electors within the affected municipality or municipalities. Section 2. The above stated policy has already been adopted by the City of Cape Canaveral. Section 3. The City of Cape Canaveral finds that the proposed Municipal Voter Amendment will allow for conflicts between a municipality or several municipalities and Brevard County to be resolved by a vote of the electors within the affected municipality or municipalities. Section 4. This Resolution shall be forwarded to Brevard County Board of County Commissioners and the Brevard League of Cities, Inc. Section 5. This Resolution shall take effect immediately upon passage. PASSED in regular session of the Cape Canaveral City Council this 5th day of October, 2010. CITY OF CAPE CANAVERAL,FLORIDA ATTEST: Mayor City Clerk Prepared by: City Attorney Attached: Proposed Municipal Voter Amendment Section 1.8. Charter amendments affectine municipalities. No provision of this Charter ado ted after December 1 2010 which conflicts with transfers or limits an function, service, power, or authority of a municipality within Brevard County, shall apply to a municipalitx affected unless a majority of the voters in the municipality voting in a referendum approve the charter amendment. Requires Municipal. Voter Approval of County Charter Amendments Affecting Municipal Service, Function, Power or Authority Shall the Brevard County Charter be amended to require that county charter amendments approved after December 1, 2010, that conflict with, transfer or limit a municipality's service, function, power, or authority apply to that municipality only if the amendment is approved or consented to by a majority of voters in that municipality voting in a referendum? YES for approval NO for rejection DATE Dear Resident, On November 2"d, Brevard County voters will consider a question important to the fixture of our city. The Municipal Voter Amendment would grant our city voters an additional say in city issues. All citizens should be aware of the change and able to make a well informed decision. I became active in this issue to bring Home Rule to all Brevard cities. Home Rule is the idea that Iocal voters should make decisions for their Iocal communities rather than have rules and regulations imposed in a one -size -fits -all manner by voters countywide. The Municipal Voter Approval Amendment is pretty simple. Future county charter amendments that alter existing city powers would have to be approved by voters countywide and by voters within the city limits. If a charter change was approved by voters countywide and city voters rejected the idea, the new rule would not apply within those cities whose citizens rejected it. Essentially, this amendment gives each city's voters the right to "opt out" of countywide rules they do not feel are in the best interest of their local communities. This Municipal Voter Approval change would affect issues that might be the subject of a fixture charter change. For instance, parking restrictions and noise regulations would always be local decisions. Aesthetic choices like acceptable building heights and whether to allow Big Box stores differ from city to city. Local voters should make those decisions locally. The Municipal Voter Amendment will ensure that an individual city's residents, not voters countywide, set standards in that community. This additional voting right is already enjoyed by city voters in other areas of the state. In November, the outcome of the Municipal Voter Amendment will determine whether Brevard County city voters should be granted this Home Rule voting right as well. This takes nothing away from residents of unincorporated sections of the county. Everything stays the same for them — the only change is that residents inside our cities and towns will have a greater say in what they want within their communities. I encourage you to learn more about Home Rule and why it matters to you. And, of course, make sure you vote on the Municipal Voter question. Thank you, 3 Frequently Asked Questions What is the Municipal Voter Approval County Charter Amendment? It's a way for city voters to have a greater say in important matters that affect their communities. It requires that Charter changes that affect City powers and authority be approved by city voters. This will protect city residents from changes to city regulatory authority against their wishes. How does it work? Proposed changes to the County Charter that affect an existing city power or authority would require approval of both voters countywide and voters within the city. If the proposal is approved by voters countywide but not approved by the voters of a particular city, the change would take effect everywhere but in that city. What does the Municipal Voter Amendment do? This Amendment allows city voters to protect the unique character of their city. Voters countywide would no longer be able to change regulations within a city without the approval of city voters. It essentially allows city voters to opt out of County regulations that don't fit their city. It does not allow any city's voters to veto a proposal for the rest of the county. Why do we need this change? If approved, this change will protect the authority Brevard cities and their residents currently have. This change places decisions affecting city powers and services squarely in the hands of city voters, as they should be. How would this affect individual cities? The "personality" of your community is determined by local standards. Melbourne is a very different place than Indian Harbor Beach and Malabar is very different from Cocoa. The voters in each should be allowed to set unique community standards. Some examples include: Big Box bans Building height requirements or limits City density Consolidated Public Safety Services Park Department requirements Sign ordinances What will this cost? Absolutely nothing. Building appearance rules Building set -backs City green space Historical preservation Public safety standards Zoning Would unincorporated residents be harmed? No. Regulations in unincorporated parts of Brevard County would still be determined by countywide vote. Aren't there some things that should be countywide? Sure. But if something is a good idea everyone will vote for it. Are city voters going to be able to opt out of everything? No. Most county charter changes would still be voted on countywide with no opt -out option for city voters. Things like citizen petition procedures or a fiscal impact analysis for charter amendments do not impact city regulations so city voters would not have the ability to opt -out of them. Does this exist anywhere else? Yes, the residents of Pinellas County have had it in their charter since 1998 and it was added to the Palm Beach County Charter in 2008. Will elected officials have more power? No. This proposal grants no new powers to elected officials. It grants voters a greater say in their community. That's it. Is this idea Constitutional? There is little direct legal review of this idea. However, a Brevard County Judge placed the question on the ballot because she found the idea to be constitutional. The History of Municipal Home Rule Dual Vote in Florida In 1998 via Legislative Act the Florida Legislature added Dual Vote to the Pinellas County Charter requiring that all county charter changes which alter a city's power, service, function or regulatory authority must pass both countywide and within each affected municipality. If the charter change passes countywide but not within a city, that change does not apply within, that city, though it applies everywhere else. Also in 1998 the voters of Pinellas County ratified the charter change and approved the addition of the Home Rule Dual Vote to their county charter. In 2006, the Pinellas County Charter Review Commission proposed removal of the Home Rule Dual Vote. The removal of the Dual Vote right was rejected countywide and in each municipality in the county. Additionally, in 2006, the CRC proposal was challenged in court by all but one of Pinellas's 26 municipalities. Pinellas County stipulated in the settlement of that lawsuit that the Home Rule Dual Vote is constitutional. In 2008, the Palm Beach County Commission placed a proposal similar to Pinellas' Home Rule Dual Vote on the ballot to be added to their county charter. While the wording was different in order to fit in the Palm Beach County Charter, the proposal again required that all county charter amendments which alter a city's power, function, service or regulatory authority be approved by both voters countywide and within each city. This charter language and ballot language was crafted by the County Attorney and placed on the ballot by the County Commission. The proposal was accepted by the voters of Palm Beach County with a 73% approval. There is a rich history in other parts of the state. Home Rule Dual Vote Ianguage has been crafted by the Florida Legislature through Legislative Act and by the Palm Beach County Attorney and Board of County Commissioners. Repeal language has been crafted by a Pinellas CRC and the settlement of the Pinellas lawsuit stipulated to its constitutionality. Most importantly, this idea has been placed before the voters 3 times and each and every time they have affirmed this Home Rule principal by large margins. While there is limited legal precedent directly related to the Home Rule Dual Vote provision, a judge in Brevard County recently found that the idea is constitutional. Brevard County Home Rule Dual Vote White Paper The unique characters of Brevard County's diverse cities clearly demonstrate the importance of local home rule. Titusville voters have a different vision for their community than do those of Grant-Valkaria. Surely someone who lives in Satellite Beach sees things a bit differently than a Palm Bay resident might. The Municipal Voter Amendment seeks to offer the citizens of Brevard cities the option of true home rule. The proposed Municipal Voter amendment to the Brevard County Charter is intended to protect municipal autonomy. This amendment gives city residents a voice on regulations and standards as they apply within their city. With this amendment, a city's voters can "opt out" of proposed changes to the county charter that take away or alter a city's power or authority. Under the current county charter, a simple majority vote of county residents can alter important municipal powers. Currently the county charter could establish fire and police standards that cities and their residents could not afford. This would essentially legislate city fire and police departments out of existence by making the Sheriff and County Fire Rescue the only reasonable financial option. Without this amendment, voters countywide have the authority to change the character of our cities and more importantly, override the desire of city residents through regulation — with little or no say by city voters. Without this amendment, regulations could be passed overriding local city standards including tree protection, adult businesses restrictions, landscaping, architectural guidelines, pet leash laws, sale of alcoholic beverages, redevelopment, charitable solicitation, and billboard and sign codes. Throughout the state, local governments have sometimes struggled to resolve questions of Home Rule authority. Unfortunately, hundreds of thousands of taxpayer dollars have been spent on these struggles rather than seeking simple cooperative solutions. By codifying how such decisions are made and by placing the decision making authority firmly in the hands of the voters, this amendment will put such possible future questions to rest and foster a greater spirit of intergovernmental cooperation. It's important to note that this charter change doesn't take anything away from unincorporated voters. It only affects changes to existing municipal powers and regulations. Rules in unincorporated parts of the county would still be decided countywide. One size does not fit all when it comes to municipal regulations. The Municipal Voter Amendment will allow Melbourne Village to continue to be different from Rockledge; and Cape Canaveral to make local decisions different than Melbourne. City residents need to have a separate voice in their own affairs. Home rule protects a city's self-identity and way of life. Kathy Meehan Tony Sasso Melbourne Councilmember Chair President, Space Coast League of Cities Let Us Vote Committee City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/05/2010 Item No. Subject: City Manager Performance Evaluation Department: Administrative Summary: By contract, the City Manager is to have an evaluation within six (6) months of June 1, 2010. The evaluation is to take place between November 2010 and January 2011. Attached is a suggested form to evaluate the City Manager. It is respectfully suggested that Council identify any changes it wishes in the form/ approach at this meeting so the form can be finalized and completed. To accomplish this, Council would have to return their individual forms to the City Clerk/Human Resources Director by October 22. A composite evaluation will then be completed merging all Council Members' comments and scores into one document. The composite evaluation will then be placed in the agenda packet for distribution on October 28, 2010 and discussed at the November 4 meeting. Requested Council Action: Review the form, identify any changes required and provide direction for completion of the process. Financial Impact: None at this point. Reviewed by City Treasurer: Andrea Bowers Date: 9.28 CO Attachments: Draft form Submitting Department Head: Angela M. Apperson, City Clerk/Human Resources Date: 09/20/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Cky ManagerWwnance Evaluation Forthe Period of June2010 through - Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an Nx' on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations— Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that.,work, efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a , person doing an average job when performance is compared to that of peers. 4. Optimal -.The unusual performance with'a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Page 1 of 9 City Manager Perbmanc:e Evaluation Forthe Parrott ofJune2010 through - Section L Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications 1111111 11111 11 111 11 10 11.25 11.5 11,75 11.9 12.0 12.25 12.5 12.75 12.9 13.0 13.25 13.5 13.75 13.9 14.0 14.25 14.5 14.75 Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening„ oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: 2. Relationship with City Council 1.Q 1.25 1.5 11.75 11.9 12.0 1,2.25 12.5'12.75 12.0 13.0 13.25 13.5 13.75 13.9 14.0 14.25 14.5 14.75 14.9 15.0 Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members :informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: 3. Budgeting 1.0 1.25 1.5 1.75 1.9 2.Q 2.25 2.5 2.75 2.9 3.0 3.25 3.5 3.75 3.9 4.0 4.25 4.5 4.75 4.9 5.Q Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Page 2 of 9 City Manager Perbmance Evaluation Forthe Period ofJune2010 through - 4. Financial Management 1.0 11.25 11.5 11.75 1 1.9 12.0 12.25 12.5 12.75 12.9 1 3.0 13.25 115 13.75 13.5 14.0 14.25 14.5 4.754.9 5.0 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: S. Asset Management 1.0 1,25+1.5 1.75 111.0 112.0 2.25 2.5 2.75 12.9 13.0 13.25 13.5 13.75 1.3.9 1, 4.0' 1A.25 14.5 14.75 1 4.9 15.0 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: 6. Planning and Organization 1.0 t -1.25+1.5 1.75 1.9 2.0 2.25 2.5 2.75 2.9 3.0 3.25 3.5 3.753.9 14.0 14.25 14.5 14.75 4.9 1 5.0 Works with the City Council in developing the City's long and short term goals and objectives; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: 7. Decision Making 1.0 I 1.25 11.5 11.75 11.0 12.0112.25 12.5 12.75 12.9 13.0 13.25 115 13.75 13.9 14.0 14.25 14.5 4.754.9 5.0 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: Page 3 of 9 City ManagerMomiance Evaluation Forthe PWW ofJune2010thm4 B. Council Meetings 1.0 11.25 11.5 11.75 11.9 12.0 12.25 12.5 12.75 12.9 13.0 13.25 3.5 13.75 13.9 1 4.0 14.25 14.5 14.75 14.9 15.0 Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: 9. Professional and Leadership Skills i.9 1.25 i.5 1.75 1.9 2.D 2.25 2.5 2.75 2.9 .3.0 3.25 3.5 3.75 3.9 4.0 ,4.25 4.5 4.75 4.9 5.0 Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with, others;, maintains 'an overall personable and warm attitude. Comments: 10. Community Relations "1.01.255 1.75 1.9 2.0 2.25 2.5 2.75 2.9 3.0 3.25. 3.5 13.75 13.9 14.0 14.25 14.5 14.75 Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Other Comments: Page 4 of 9 City NbrmWPWbnwwEvaluation Forthe PeroddJune2010thm4- Section Il. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills �10H125.5 1.75 111.9 112.0 2.25 112.5 2.75 112.0 113.0 3.25 113.5 113.75 113.9 114.01114.25 114.5 114.75 114.9 5.9 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: 2. Leadership Skills "1.01.25.5 1.75 1.9 2.0 2.25 2.5 235 2.9 3.0 13.25 115 13.75 13.9 14.0 14.25 14.5 14.75 14.9 1 �501 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: 3. Negotiating Skills 41.0 i.25 1.5 11.75 11.9.12.0 12.25 1,2.5 12.75 12113.0 13.25 13.5 13.75 13.9 14.0 14.25 14.5 14.75 14.9 15.0 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers..and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: 4. Creativity 1.0 11.25 11.5 11.75 11.9 12.0 1 2.25 12.5 12,75 12.9 110 13.25 13.5 13.75 119 14.0 14.25 14.5 14.75 Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Page 5 of 9 City Manager%famance Evaluation Forthe Period dJune 2010 through - 5. Honesty/Fairness 1.0 11.25 11.5 1.75 1.9 12.0 12.25 12.5 12.75 12.9 13.0 13.25 13.5 13.75 13.9 1 4.f1 14.25 14.5 14.75 1 4.9 15.0 Is consistently open, straightforward, and impartial. Comments: 6. Adaptability Lklill 5 11.75 1 1.9 12.0 12.25 12.5 12.75 12.9 13.0 13.25 13.5 13,75-13.9 1 4.5 14.25 14.5 14.75 1 4.9 15.10 Responds positively in a timely manner to a changing world and local conditions. Comments: 7. Initiative Hin125 5 1.75 11.9 1 21] 12.25 12.5 1 2.75 1 2.9' 13.0 13.25 13.5 1 3.753.9 4.Q 4.25 4.5 4.75 4.9 5.0 Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: 8. Resiliency 11 11 1111111111...11 1 11 111 11 1.0 11.25 11.5 11.75 11.0 1 2.[1 12.25 12.5 12.75 12.9 13.0 13.25 13.5 13.75 13.9 14.0114.25 14.5 14.75 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: 9. Humor 1111111 11111 11 111 11 11.0 11.25 11.5 11.75 11.9 12.0 12,25 12.5 12.75 12.9 13.0 13.25 13.5 13.75 13.0 14.0 14.25 14.5 14.75 Maintains and shares an appropriate sense of humor to lighten the load. Comments: Page 6 of 9 City ManagNPeifonria m Evaluation Forthe Period aFJune2014thmugh - 10. Ethical Standards 1.0 1.25 1.5 1.75 1.9 2.0 2.25 2.5 2.75 2.9 3.0 3.25 3.5 3.75 3.9 4.0 4.25 4.5 4.75 4.9 5.0 Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: 11. Job Knowledge kki.I I I I I I I I '' L I I 1 1 5 1.75 11.9 12.01 2.25 12.5 2.75 12.9 1 3.D 13.25 1 3.5 I _L75j 3.9 4.0 14.25 14.5 14.75 Has a solid knowledge of all phases of municipal government. Comments, 12. Operational Efficiency Hio-125+1,5 11.75 11.9 12.012.25 -2.5 12.75 12.9 13.0 13.25 13,5 13.75 119 1 4.0 14.25 14.5 14.75 14.0 1 5.0 Generally obtains the best possible result for the resources expended. Comments; Other Comments: Page 7 of 9 City Manager Performance Evaluation Forthe Period of June 2010 #vm* - Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Specific Comments: Page 8 of 9 i- Audit/Financial Services - Contract Utility Billing Service MEIN Community Development - Local Business Tax Receipts Parks mmmmmmStreets Beautification &Contra -Water Reclamation Contracted 11IYO�� ctedPolice ServicesContractedi Solid Waste Specific Comments: Page 8 of 9 Qy ManagerPerfomance Evaluafion Forthe Period ofJune201Dthmugh - Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? New Objectives: List new priorities you would like to see addressed in the next year. Evaluator Signature Date Page 9 of 9