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Packet 09-07-2010 Regular
CALL TO ORDER: City of Cape Canaveral ,AVERAL 1-16KAK14:1FET Avenue, Cape Canaveral, Florida Tuesday September 7', 2010 7:00 PIVI Approve a Proclamation designating September 13, 2010 as Commodore John Barry Day. meON gig �8 a S. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will n:oi iake any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. • fENNUO "111 1 Approve Minutes for Regular City Council Meeting of May 18, 2010 and August 17, 2010. 2, Approve Resolution No. 2010-16, reappointing a Regular Board Member to the Planning and Zoning Board; Mr. R. Lamar Russell. 105 Polk Avenue - Post Office Box 3,26 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecaiiaveral.org - email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida September 7, 2010 Page ?jai 3 3. Approve a waiver of any and all fees for the Annual Fall Festival & C Cook Off on 10,/9/10 and the Annual Monster Mash Halloween Party 110/29/10: 1 Approve Resolution No. 2010-17, waiving vesting requirements for City Manager David Greene in the Florida Municipal Pension Trust Fund' Defined Contribution and Deferred Compensation Programs, Plan Number 62305; and providing an effective date. 5. Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 to USA Services of Florida, Inc. 6. Approve the use of Unbudgeted Funds for Construction of Stormwat Improvements at two Presidential Street locations (364 Polk Avenue a Fillmore Avenue, East of Ridgewood Avenue) in theamount of $19,612. to Atlantic Development of Cocoa, Inc. it ONAMEMIN �11 8. Authorize the Mayor to send a letter to Fair Districts Florida indicating thiz Cit�y's Support for Amendments 5 and 6. 7:30 p.m. 9, Motion to Approve: Ordinance No. 10-2010i, Annexing One (1) Parcel ot Real Property Containing .67 Acres, More or Less, Generally Located at 315 Grant Avenue, in Unincorporated Brevard County, Florida, and Legally Described Herein, into the Municipal Boundaries of Cape Canaveral-, Providing for the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at second Reading. 111011m, , a 1, FAM"MyXII - • 11. Request from Charles Pindziak to remove John Porter as a member of'the Vision Committee. City ofCape Canaveral, Flodda S^ptender7,2O|0 12. Recommendation from the Planning and Zoning Board that the City Council direct staff to prepare an ordinance amending the City Code to add "assisted, living facility" as an allowable use. 13. CO0RCj[ Pursuant to Section 286,0105. Florida Statutes, the City hereby advises the public that If person decides to appeal any decision made by the City Council with respect to any matter considered at this megting, that person will need a record of the prooeedingo, and for such purpose that person may meed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence ofotherwise inadmissible or ine|ewemt evidenoe, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance tmparticipate inany ofthese proceedings should contact the City Clerk's office (808-122f)48hours inadvance ofthe meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/07/2010 Proclamation Subject: Approve a Proclamation designating September 13, 2010 as Commodore John Barry Day Department: Legislative Summary: The Ancient Order of Hibernians is America's oldest Irish Catholic Fraternal Organization founded concurrently in the coal -mining region of Pennsylvania and New York City in May, 1836. As has been the custom in previous years, the President of Division 2, Brevard County, Ancient Order of Hibernians in America, delivered a letter to the Mayor requesting the City issue a Proclamation declaring a day in September as Commodore John Barry Day. The Order will honor the memory of Commodore Barry, the Father of the United States Navy, on September 11, 2010 and the event will take place at his memorial monument at Jetty Park, Cape Canaveral, at 11:00 a.m. The members of the Order request the City issue a Proclamation declaring September 13, 2010 as Commodore John Barry Day. Requested Council Action: Approve the Proclamation Financial Impact: No impact Reviewed by City Treasurer: Andrea Bowers Date: 8116110 Attachments: Proclamation Letter from Ancient Order of Hibernians in America, Div. 2, Brevard Count Submitting Department Head: Angela Apperson Date: 811312010 Approved by City Manager: David L. Greene `I- Date: $ O City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, the United States of America is a nation of immigrants, and WHEREAS, the contribution of immigrants to the defense of the Public Liberty has been above and beyond what the proportion of immigrants in the general population would indicate; and WHEREAS, John Barry, native of the County Wexford, Ireland volunteered his services and was commissioned a Captain in the Continental Navy on October 10, 1775, and soon afterwards in command of the Lexington, gave us one of our first victories at sea with the capture of the Royal Navy Sloop, Edward; and WHEREAS, Captain John Barry was principally responsible for organizing the crossing of the Delaware which led directly to Washington's great victory at Trenton during Christmas 1776; and WHEREAS, Captain John Barry, in command of the frigate Alliance, having successfully transported French gold to America to finance the War for Independence, also won the last sea battle of that war against the HMS Sybille on 10 March, 1783 off the coast of Florida; and WHEREAS, the United States, in Congress assembled, subsequent to our War for Independence, recognized Commodore John Barry as the premier American naval hero of the war; and WHEREAS, Captain John Barry organized the compulsory attendance of members of the Constitutional Convention in Philadelphia in 1787, thus insuring that Washington would have the quorum necessary to adopt the Constitution and recommend it to the States for ratification; and WHEREAS, when the United States Congress authorized the raising and construction of the United States Navy, it was to Captain John Barry that the Commander -in -Chief turned to build and lead our infant Navy. President George Washington conferred, "Commission No. V, dated, June 14, 1794 upon Captain John Barry with the advice and consent of the United States Senate; and WHEREAS, it was Commodore John Barry who built and first commanded the United States Navy and the Squadron which included his flagship the USS United States and Old Ironsides, the USS Constitution; and WHEREAS, in recognition of the sentiments of Navy veterans, Irish -Americans and the patriotic population generally that our history be properly told. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, do hereby resolve in concert with and in representation of the other political leaders of the United States, do hereby proclaim the 13`'' day of September 2010 as COMMODORE JOHN BARRY DAY FLORIDA STATE OFFICE OF PRESIDENT Division 2, Brevard County 30 July 2010 010nER (z NQE OF BEAHIANS INCORPORAtED rL Organized in New York City, May 4, 1835 Your Honor, 70a\ DJ CONRAD OSBORNE 1818 SUNGAZER DR. Viera, Fl 32955-6318 321-631-5863. IN AMERICA The Brevard County Ancient Order of Hibemians will once again honor the memory of Commodore John Barry, the Father of the United States Navy, on 11 September, 2010. This event will take place at his memorial monument at Jetty Park, Cape Canaveral, at 11:00 A.M. As this day will also be celebrated throughout this great nation, we would also like to join with our fellow communities in recognizing Commodore Barry's contribution to our national heritage. His success in the "Battle of Cape Canaveral" saved the initial United States Treasury. We, the members of the Brevard County Ancient Order of Hibernians, and many Irish -Americans in Brevard County, respectfully request that your office issue a Proclamation declaring 13 September, 2010, as Commodore John Barry Day. We have included some suggested WHEREAS for your review and possible use. We are hopeful that you will favorably consider our request. Should you have any further questions or desire any additional information, please do not hesitate to contact me. Sincerely, CONRAD OSORNE President Division 2, A.O.H. 1818 Sungazer Drive Viera, Florida 32955-6318 321-631-5863 C (0 Q14-�X- ORDER QMIE OF HIBERNIANS IN AMERICA %r - Edward P. Reilly Past President Brevard County, FL 701 W. Central Blvd. Res: 407/723-1262 Melbourne, FL 32901 Division 2 "Ireland Unfree Shall Never Be At Peace. " CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY May 18, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:02 P.M. ;li] I wof 1I IF 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 Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Assistant Fire Chief John Cunningham City Engineer John Pekar PRESENTATIONS: Remembrance of Frank Maclay A moment of silence was held in memory of Frank Maclay, 4th Mayor of the City of Cape Canaveral (1973-1976). Scott Maclay spoke of his father and related some memorable anecdotes. Members of the Council affirmed their respect and fond memories of Frank Maclay. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 2 of 6 REPORTS: City Historian Ray Osborne reported on the progress and planning of the upcoming "Jeannie Day' historic benefit to help fund the Historical Marker Program in the City. Mayor Randels agreed to be a judge in the event's Jeannie Look -a -Like contest. Discussion ensued and included communicating with the City of Cocoa Beach about the event. The Council reached consensus to have Mr. Osborne approach the City of Cocoa Beach City Commission to get an official decision on co -involvement in this event and to have Acting City Manager Angela Apperson talk with the their City Manager. Mayor Randels requested Mr. Osborne contact former Cocoa Beach Mayor Joe Morgan regarding his possible personal involvement in the event. City Attorney Attorney Anthony Garganese updated the Council on Royal Mansions and the progress of attempting to inspect a number of the units there. Assistant Fire Chief John Cunningham verbalized his efforts in inspecting the units. Business & Cultural Development Ms. Apperson updated the Council on Buy Brevard participation by the City, including the submission of a letter by Mayor Randels; she also mentioned working with a representative from Cocoa Beach Area Chamber of Commerce, the Business Tax Receipt program, and a. table at the June Friday Fest being set up for the Buy Brevard program. AUDIENCE TO BE HEARD: Joyce Hamilton, resident, read prepared statements about the Outdoor Entertainment Permit Fee and the Paint and Plant Volunteer Program. Leo Nicholas, resident, requested refurbishment of the City Hall picture of Former Mayor George Firkins, offering to handle the refurbishment himself. Mayor Randels stated that he would personally look into the issue. John Grandlich, of the Cape Caribe Resort, reported on the finalization of the Agreement and Site Plan of Cape Caribe and presented the City with two checks for Ridgewood improvements ($30,000) and tree mitigation ($140,000). He expressed gratitude to the City for its hard work. CONSENT AGENDA: City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 3 of 6 1. Approve a_waiver of any and all fees for the Movies in the Park on 5121110, 6118110, 7116110 and 8113110. 2. Approve an Alcohol Exemption Permit and waive any and all fees for the Friday Fest Family Street Party on 614110, 712110, and 816110. 3. Approve an Alcohol Exemption Permit for Jeremy Graves fora private rental at Manatee Park on May 22, 2010. 4. Approve the Second Quarter Budget Transfers for the Quarter Ending March 31, 2010, FY 200912010. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda Item Numbers one, two, 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. CONSIDERATION/DISCUSSION: 5. Selection of the New City Manager. Mayor Randels thanked the Council for tabling this issue in his absence until he was present for such an important decision. Ms. Apperson left the room as she was a candidate for the position. Colin Baenziger of Colin Baenziger and Associates suggested a Straw Poll, where each Council Member selects two of the six candidates, with the choices to be tallied. The results of the Straw Poll were as follows: Angela Apperson, 2 votes; John Berchtold, 1 vote; James D. Bursick, 3 votes; Cory B. Carrier, 0 votes; John Drago, 0 votes; David L. Greene, 4 votes. The Council reached consensus to continue to a second vote between Mr. Bursick and Mr. Greene, as they were the only two to receive three or more votes in the Straw Poll. The results of the second vote were as follows: Ms. Walsh, for Mr. Greene; Ms. Roberts, for Mr. Greene; Mr. Hoog, for Mr. Bursick; Mayor Pro Tem Petsos, for Mr. Greene; Mayor Randels, for Mr. Greene. Discussion ensued and included Mr. Greene's intentions to stay at least 10 years if selected, Mr. Hoog stated that he would fully support Mr. Greene if Mr. Greene were selected, and the possibility of Mr. Greene mentoring someone within the City for becoming the City Manager in the future. Salary and job -title concerns in regards to Ms. Apperson were discussed, and Mayor Randels stated that these concerns will be addressed at a later date. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to hire David L. Greene as City Manager, subject to agreements and negotiation on salary and 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. Mr. Baenziger stated that he anticipated having a contract ready by the next City Council meeting in June. Ms. Apperson returned to the room, and the Council expressed its gratitude for her work as Acting City Manager. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 4 of 6 6. Consider a request for funding for the July 3rd Fireworks at the Port — Michael Schwarz. Michael Schwarz, owner of Fishlips restaurant, requested City funding to help with the next "Fireworks on the Port" event. Mr. Schwarz described the history and details of this event, Including the Port Canaveral Association's support in wanting to make it an annual event, how sponsorship has helped pay for it, the attendance last year of over 10,000 people, and the high costs of police, fire, and marketing to put on the event. Council discussion ensued and included not wanting to use taxpayer money, getting funds from individuals and businesses, using "Friends of Cape Canaveral" to organize and promote such funds, and for Ms. Apperson to approach the Sheriff's Department Commander to inquire about manpower in assisting with the event. 7. Discussion and necessary action related to the Taylor Avenue Area Stormwater System Repairs. City Attorney Anthony Garganese detailed the immediate need to make repairs related to this issue along with noting that staff is investigating how concrete got into the pipe. Assistant Public Works Director Jeff Ratliff described the stormwater drains and manhole filled with concrete, that the only way to accomplish the cleaning is through digging up the pipes, necessitating digging through the affected roads and sidewalks of Taylor, Orange, and Magnolia Avenues. Discussion ensued and included the urgency of the situation due to Hurricane Season approaching, the staff -approved cost estimate ($43,878.96), possible preventative measures, and paving being included in the cost. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve stormwater system repairs by Atlantic Development in the amount of $43,878.96 to be paid for out of the Stormwater Fund. Discussion ensued and included the frequency of inspections and the monitoring of the pipes. 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. Additional discussion ensued and included requesting Atlantic Development look at other roads for possible repair work, estimates from Brewer Paving in regards to that work, contacting the company that repaved the problem roads, and requesting Public Works Director Walter Bandish have an updated report at the next meeting. 8. Consider Ridgewood Avenue Improvements Project Northward Extension and requests for approval for: 1) Change Order #2 to Brewer Paving and Development, Inc; and 2) Additional funds to Stottler Stagg and Associates, Inc for additional drawings. Mr. Ratliff reported that the Ocean Woods Homeowners Association voted and turned down giving the City an easement. With this action, the City is back to "Square one" in extending the project northwards to the Ocean Woods entrance and constructing a City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 5 of 6 pedway. Mr. Ratliff explained that now the option is to simply replace and fix the existing sidewalks and curbing at a cost of $58,891, leaving the project under the original budget, and Mr. Ratliff no longer pushed for the extension to focus on getting the sidewalks fixed. Discussion ensued and included saving money by only replacing what already exists, and possibly using said savings for other projects in the future, such as streetlights. The Council reached consensus to go forward with only fixing the existing sidewalks. 9. Provide Direction related to the Stormwater issues at 8106 Presidential Street. Mr. Ratliff and Ms. Apperson explained the situation, dating back to 1992, of this house having flooding issues ever since a dirt alley was asphalt -paved by the City and the current property owner relying on an agreement between the City and the previous owners to fix it. Discussion ensued and included the old agreement not binding, the history of this issue being brought before the Council, no past recorded Council consensus on the fix, possible simple remedies to the flooding, and possibly having a "hold harmless" agreement with the current owners. Ms. Apperson reported that the current owners are interested in the City remediating or mitigating the flooding problem and were under the impression that the City would do the fix. Mr. Ratliff explained that a new quote will have to be acquired in regards to fixing the problem, with the most recent valid quote being $9500. The Council reached consensus that whatever work the City does will be in the City's right of way and will be brought back to Council with new quotes. 10. Discuss and provide input regarding the Proposed CRA Boundary and proposed Finding of Necessity Report. Planning & Development Director Barry Brown described the process of creating a Community Redevelopment Agency boundary (CRA), identifying the boundaries, including properties for fulfillment, the lack of fiscal impact on the City with no general fund assessment, wanting to include more rather than less in the CRA proposal, but not so aggressive as to run afoul of the County Commission, and an offer for anyone to review Brevard County Property Appraiser's office aerials at the Community Development Department. Council discussion ensued and included how much of the AIA corridor and right-of-way to include in the CRA, Florida Statute precluding using 100% of the City in the CRA, and Brevard County's possible negative reaction to an overly -aggressive CRA. Mr. Brown clarified this is a starting point, mentioned including the Presidential Street areas in the CRA, and describing architectural standards and signage. Attorney Garganese explained how the money must be used and where the lines are in the CRA. Additional Council discussion ensued and included the inclusion of some property over others, more explanation on the boundaries as presented, requests for Mr. Brown to forward information on blight from Florida Statues, the need for land to be contiguous otherwise separate CRAB must be made, and the lack of needing to include already -developed properties. The Council reached consensus to hold a Workshop Meeting at 5:30pm on June 1" to further discuss the CRA boundary. City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2010 Page 6 of 6 11. Discussion and provide direction related to the Annual and Sick Leave Policies. Ms. Apperson explained the underfunded liability to the City for owing more money than what is set aside for employees who may leave in the near -future and cash -out their accrued sick leave or vacation time, highlighting the lack of adherence to the relevant City policies in regards to caps on accrued sick leave or vacation time not used, requesting guidance and discussion from the Council, suggesting that the Council agree that all accrued sick leave over the caps be eliminated and the policy and caps be followed from this day forward, and explained Family and Medical Leave Act requirements. City Treasurer Andrea Bowers explained that software used by the City has an option to automatically deal with cap overages, but was not used at the direction of the former City Manager. Attorney Garganese addressed the accrual method, suggested imposing subpolicy, mentioned conferring with employment lawyers, and a caveat for new vacation time accruing that might possibly exacerbate the problem. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting 15 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Council discussion ensued and included similar situations elsewhere, ways to "work down" the accrued cap overages, employee difficulties in taking vacations at certain times of the year, differences. between comp hours and accrued vacation time, banking accrued sick time, employees' reactions to being "stripped" of hard-earned accrued time, possibly "grandfathering". in employees, and a desire for consistency. Council reached a consensus to abate the discussion on these issues and come back to them after receiving reports from staff. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:13 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk CITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA TUESDAY August 17, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 p.m. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Others Present: City Manager City Attorney Assistant Public Works Director Parks and Recreation Director Building Official Planning and Development, Director Brevard County Sheriff Lieutenant. Assistant Fire Chief City Treasurer City Clerk Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts (arrived at 7:11 p.m.) Betty Walsh David L. Greene Anthony Garganese Jeff Ratliff Robert Lefever Todd Worley Barry Brown Alex Herrera John Cunningham Andrea Bowers Angela Apperson PROCLAMATION: Mayor Randels read the proclamation declaring November 2010 as "Be a Hero Month" and November 18, 2010 as "Be a Hero Day' and encouraged individuals to give Blood. PRESENTATION: Port Canaveral Commissioner Malcolm "Mac' McLouth: Mr. McLouth provided an update on activities at the Port and answered questions of Council Members. He noted the following activities: • The recent work to widen and landscape George King Blvd • The relocation of the security area to a new building once construction is completed • The new parking garage and renovations to the Disney Terminal City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 2 of 5 • Renovations to terminal six, which will allow for more ships to dock and allow "Port of Call" visitors • The plans for improvements to the Cove area, which will include a Welcome Center and other amenities such as additional eating establishments, clothing, souvenir and jewelry stores to serve the community and port of call visitors • The expansion of the transportation/shipping activities • The loss of prior gaming ships and the proposal from a new company to start activities in November 2010. This will not include dock side gambling. Brevard County Sheriffs Office —Deputy of the Month for July 2010: Lt. Herrera explained the reasons Corporal. Dominick Prisco and Deputy Kent Guttebo were selected as July Deputy of the Month. He presented them with plaques of recognition. BOARD INTERVIEW: Recreation Board Second Alternate Applicant — Steven Jarvis: Mr. Jarvis was.sworn in by Attorney Garganese. Mr. Jarvis explained his, reasons for choosing to serve on the Recreation Board and shared his desire to see completion of the `Bike Path" throughout the City and installation of a volley ball court at one of'the City Parks. REPORTS: Mayor Randels noted the selection of the firm Brown, Garganese, Weiss and D'Agresta, PA as "Super Lawyers". CITY ATTORNEY: Attorney Garganese reported on the court hearing related to the Banana River LP.property at 6395 N. Atlantic Avenue. He indicated the Judge provided additional time to see if the matter can be resolved between the City, the Lender and the property owner. Another hearing was set for September 8, 2010. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT: Board Member Lori Peppersreported on the Local Focus Program. She indicated Board Chair Joanne Muncey visited every Cape Canaveral storefront business that attended the initial meeting. She also indicated the next event is tentatively scheduled for October 13, 2010. It is scheduled to begin at 5 p.m. The topic is Business Marketing and the use of Social Media. Ms. Peppers indicated the Professional Art Show is scheduled for January 28 & 29, 2011 and the Student Art Show is scheduled for February 5, 2011. Mayor Randels recapped the purpose of the Local Focus Program. AUDIENCE TO BE HEARD: • Mr. John Porter reviewed a handout regarding activities of the Building Department; the Building Official; former Council Members and the complications of the Code Enforcement case against 6395 N. Atlantic Avenue. City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 3of5 CONSENT AGENDA: 1. Approve Minutes for Regular City Council Meetings of May 4, 2010 and August 2, 2010. 2. Approve Resolution No. 2010-13, appointing a Second Alternate to the Recreation Board Steven Jarvis. 3. Approve Resolution No. 2010-14 supporting Keeping a Retired Space Shuttle Orbiter in Brevard County. 4. Approve Resolution No. _2010-15, supporting a Plan to locate an International Science Center in Brevard Count . 5. Approve the selection of James Moore &. Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. T __ 6. Approve the Third Quarter Bud et Transfers ended June 30 2010. 7. Approve an Alcohol Exemption Permit and waive any, and all fees for the Friday Fest Family Street Paqy on 913110 1011110 and 11/5110. Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. A motion was made by Mr. Hoog and seconded by Mr. Petsos, to approve the Consent,,, Agenda. 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: Second Public Hearing: 8. Motion to Adopt:' Ordinance No. 09-2010, Providing for a referendum election and ballot lanrtuage for the November 2, 2010 General Election or an Election scheduled thereaftert, providing for referendum questions proposing the adoption of a new, updated City Charter and proposing Mayor and Council Member Term Limits; providing for a notice of CjtV of Cape Canaveral Charter Referendumquestions; providing for coordination with the Supervisor of Elections; providing for severability, and an effective date, at Second Reading: Attorney Garganese read the title of the Ordinance into the record and noted amendments that were made between first and second reading. The Mayor noted the advertisement was in the paper on August 6, 2010. A motion was made by Mr. Petsos, seconded by Ms. Roberts, for approval on second 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: City of Cape Canaveral, Florida City Counci[ Regular Meeting August 17, 2010 Page 4 of 5 9. Motion to Ado t: Ordinance No. 10-2010 Annexin One 1 Parcel of Real Property Containing .67 Acres, More or Less,_ Generally Located at 315 Grant Avenue in Unincorporated Brevard_ County, Florida, and Legally Described Herein, into the Municipal Boundaries of Cape Canaveral; Providing for the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for _ the Repeal of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at First Reading: Attorney Garganese read the title of the Ordinance into the record and stated this is a voluntary petition for annexation by the property owner. Planning and Development Director Brown reviewed the request for annexation and the Planning and Zoning Board's recommendation for the property to be given the zoning category of R2. Mr. Brown noted the annexation will be complete after the second reading of the Ordinance. He indicated after the EAR based Comprehensive Plan Amendments are completed, the Comprehensive Plan will need to be amended, as well as the adoption of an ordinance which establishes the Zoning Classification for the property. Discussion ensued and included whether Cape Canaveral will provide services such as reclaimed water and sewer service;. whether Orange Avenue, which is currently owned by the County, could be turned over to the City of Cape Canaveral; the notices that were sent to the surrounding property owners; density and items that are non -conforming to the City's Land Development Regulations. A motion. was made by Mr. Petsos, seconded by Mr. Hoog, to approve Ordinance 10-2010 on first reading. The public hearing was opened. Mr. Leo Nicholas indicated although the Planning and Zoning Board Members ruled on the proposed zoning for the property, he felt the members were not in favor of the annexation and urged for the Council not to annex this property. The public hearing was closed. 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. DISCUSSION: 10. Beach Vending: Mayor Randels referred to the events of July 20, 2010, which led to this agenda item. Attorney. Garganese reviewed an updated legal opinion on Commercial Solicitatiorton the Beach. Mr. Dave Patty asked about a Business Tax Receipt that was issued to Island Watercraft Rentals Inc., who also vends items on the beach. Mr. Morley explained the license covers activities at 1000 Shorewood Drive and to his knowledge all transactions take place within the facility and not on the beach. Mr. Patty continued his objections, noted he has a state permit to sell prepackaged products on the wet sand of the beach. He requested a City license for vending products on the beach, to which Attorney Garganese restated his legal opinion. Mr. Mike Anderson read from the existing Charter; sections of the Florida Constitution and Florida Statute Section 253 and urged for the granting of a vending license to Mr. Patty. Mr. Joshua Porter, represented himself as the Attorney for Mr. Patty, as well as a citizen of Cape Canaveral, spoke of his belief that the prohibition of beach vending is a violation of the 1St and 14th amendments of the United States Constitution. He requested the City Council explore whether the ordinance violates the Constitution. Mr. Patty asked what he is to do now. Attorney Garganese restated his updated legal opinion and indicated the issue is the sale of goods on the beach. A City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 5of5 discussion among the Council Members ensued. A consensus was reached to have staff and the City Attorney further study the issue, provide a recommendation on how to allow beach or mobile vending within the City limits in some limited fashion and report back at a future meeting. REPORTS: 11. COUNCIL: Council Member Roberts indicated she continues to try to schedule Rosalind Harvey, Canaveral Port Authority Senior Director of Communications and Community Affairs, for a presentation to the Council Mayor Pro Tem Petsos noted a letter of support for Avera Motors he signed in the Mayor's absence. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:20 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/07/2090 Item No. /Z7 Subject: Approve Resolution No. 2010-16; Reappointing a Regular Board Member to the Planning and Zoning Board. Department: Legislative Summary: Mr. R. Lamar Russell is currently serving as Planning and Zoning Board Chair. His term will expire on September 15, 2010. Mr. Russell has served since 1980. The City Clerk's Office received notice of Mr. Russell's desire to continue serving on the Planning and Zoning Board for another 3 -year term prompting this resolution for the City Council's approval of his reappointment to the Board. Requested Council Action: Approve Resolution No. 2010-16. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: Attachments: Expiration Letter Resolution No. 2010-16 Submitting Department Head: Angela Apperson Date: 08-12-2010 Approved by City Manager: David L. Greene �` Date: 8 // 7 l 16 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Mr. R. Lamar Russell 376 Harbor Drive Cape Canaveral, FL 32920 Dear Mr. Russell: City of Cape Canaveral Your term on the Planning and Zoning Board expires on September 15, 2010. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 7, 2010. Thank you. OK I DO wish to be considered for reappointment. I DO NOT wish .to be considered for reappointment. 7C (Signature) L. La9nar Russell, Chairperson Sincerely, C�,rZ kk Angela M. Apperson, C.M.C. City Clerk AA/mg 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveralCcfl.rr.com RESOLUTION NO. 2010-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING 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 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re -appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. R. Lamar Russell is hereby re -appointed as a Regular Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 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 7t' day of September, 2010. ATTEST: Angela M. Apperson, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, MAYOR Name Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/7/2010 Item No. Subject: Approve a waiver of any and all fees for the Annual Fall Festival & Chili Cook Off on 1019110; and the Annual Monster Mash Halloween Party on 10129110. Department: Parks & Recreation Summary: Activities at the Fall Festival will include the Chili Cook Off, bounce house, face painting, a DJ, CCVFD ladder truck, BCSO displays, the Big Red Bus and refreshments. The Monster Mash will be held on Taylor Avenue and will include a DJ, dancing, costume contest, prizes and goodie bags. Requested Council Action: Waive any and all fees for these events. Financial Impact: None Reviewed b Ci Treasurer: Andrea Bowers Date: S Attachments: Applications for the events dated 8111116- Submitting 1111 0Submitting Department Head: Robert Lefever Date: 8111110 Approved by City Manager: David L. Greene ��Date: 944 f fa City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application Date: / The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Clouncil approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: ed A wl ze Al � Title: leeGjfP�4!Z6 �/�G/ v� Firm/Organization: _C l f t/ '01 1/0t' -Oe IP C�Z / aW A7* /I1 elll Address: 7-7 0/d /V • z _ma G , &d . & rev P/ P? C-11 711 a T ca,o e Telephone: Cell: ,T' 90.%Z FAX: A4 1W 7 Local Contact: e e Title: Local Address (if different from above) ""4- Type of Event: A"Al 1411 / er/J!//,1 / P' 4//* Will food be served at the event? YES V -"NO Total number of people expected throughout the duration of the event: s4 0 Total maximum peak attendance (at any one time): s(%Q Total parking available (on site and offsite): Catering Set -Up Date: Rental Set -Up Date: Breakdown Date: lD Event Date(s): 1' l . /) 0 Location(s): Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. £ TotaI number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. (1) For outdoor entertainment permits which require the closing of streets, a street closure plan shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe arty proposed traffic control devices, physical barriers and traffic -directing personnel. Revised 02-23-10 h. Location of public address sound system(s). Please indicate which of the following are reques d: ❑Traffic Control se of Police/Fire Rescue Equipment ❑S eet Closing ❑Vehicles/Equipment on Beach lhicle Parking on City Property DU e of City Seal for promotion ❑Service of alcohol Cs�Fee waiver (Non -profits and City -organized events only) ❑Other (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: FZ ke14', (i � G 0. Policy No: II. PROMOTIONAL AUTHORIZATION Expiration Date: Arall Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff): Brevard County Sheriff's Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: 1V. EXEMPTIONS Revised 02-23-10 Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. VI CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. Ar 4�� Date oc-11d Signature ooffApplic or Representative/Title lei el -tie, �✓ Cil Printed name of Applicant or Representative Approved by City of Cape Canaveral: Signature of City Manager Signature of Outdoor Entertainment Event coordinator Signature of BCSO, Canaveral Precinct Commander Signature of Fire Chief Signature of Building Official Signature of Public Works Director Signature of Recreation Department Director Date: Date: Date: Date: Date: Date: Date: Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For farther information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 Phone: (321) 868-1222 Fax: (321) 868-1247 res B 0 A R D W A L K Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application Date:/d 0 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: fed XL' l Ze-letl ee- Title: 1 iee-lP421'4(%i1 C4__ Firm/Organization: e11' Address: E -Mail: r I e f C!/ Z°/ P_ Gl X1 d/ eav e G/ Telephone: ao 1-�12ao Cell: _ 8'�,�' 90, FAX: ?�e /,Z 7 Local Contact: orG e_0 Title: Local Address (if different from above) Type of Event: Will food be served at the event? YES NO Total number of people expected throughout the duration of the event: Total maximum peak attendance (at any one time): Total parking available (on site and offsite): 111 '_ 7 Catering Set -Up Date: /p ,t / Rental Set -Up Date: —L f� Breakdown Date: Event Date(s): �r�/� A0 Location(s): e0171 Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. f. Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. (1) For outdoor entertainment permits which require the closing of streets, a street closure plan shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. Revised 02-23-I0 h. Location of public address sound system(s). Please indicate which of the following are requested: ❑Tr ffic Control kdse of Police/Fire Rescue Equipment QStreet Closing ©Vehicles/Equipment on Beach ❑Vehicle Parking on City Property❑UUse of City Seal for promotion ❑Service of alcohol 5Fee waiver (Non -profits and City -organized events only) ❑Other (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co. `� ,�rra�, G f C d. Policy No: II. PROMOTIONAL AUTHORIZATION Expiration Date: AfellI Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff: Brevard County Sheriffs Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: IV. EXEMPTIONS Revised 02-23-10 Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. VI CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. Date Signature of Appli ant or Representative/Title Ao 1.e A, Printed name of Applicant or Representative Approved by City of Cape Canaveral: Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 Phone: (321) 868-1222 Fax: (321) 868-1247 Date: Signature of City Manager Date: Signature of Outdoor Entertainment Event coordinator Date: Signature of BCSO, Canaveral Precinct Commander Date: Signature of Fire Chief Date: Signature of Building Official Date: Signature of Public Works Director Date: Signature of Recreation Department Director Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 Phone: (321) 868-1222 Fax: (321) 868-1247 POINSETTA AVENUE PARKING LOT AIA RECREATION COMPLEX DJ will set up & play music in front of the Recreation Complex. Taylor Avenue will be closed west of the parking lot & east of A IA. The Halloween Party will take place on the closed off section of Taylor Avenue, in front of the Recreation Complex. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/7/2090 Item No. 4 Subject: Resolution 2010.17, waiving vesting requirements for City Manager David Greene in the Florida Municipal Pension Trust Fund Defined Contribution and Deferred Compensation Programs, Plan Number 62305; and providing an effective date. Department: Administrative Summary: The approved contract for City Manager Greene allows immediate vesting in the Defined Contribution and Deferred Compensation Programs. This Resolution is required by Florida League of Cities to solidify the contract provision. Once approved, a certified copy of the Resolution will be sent to the Florida League of Cities. Requested Council Action: Approve Resolution 2010-17. Financial Impact: No additional financial impact; established by Contract Reviewed by City Treasurer: Andrea Bowers Date: 8116110 Attachments: Resolution 2010-17 Submitting Department Head: Angela Apperson/Andrea Bowers Date: 8112110 Approved by Mayor: Rocky Randels Date: City Council Action: [ j Approved as Recommended [ ] Disapproved [ j Approved with Modifications Tabled to Time Certain RESOLUTION NO. 2010-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAIVING VESTING REQUIREMENTS FOR CITY MANAGER DAVID GREENE IN THE FLORIDA MUNICIPAL PENSION TRUST FUND DEFINED CONTRIBUTION AND DEFERRED COMPENSATION PROGRAMS, PLAN NUMBER 62305; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, THAT: SECTION ONE. Purpose and Intent. The City Council finds that the Ctiy Manager position is the chief executive officer of the City, which is by its nature a volatile position. In recognition of the volatile nature of that position, the City Council finds that it is appropriate to allow immediate vesting of the City Manager. SECTION TWO. Immediate Vesting of City Manager David Greene. The City Council does hereby waive vesting for David Greene and authorize the Florida Municipal Pension Trust Fund to immediately vest David Greene for all payments made to his retirement account this year, and continuing until he ceases to be City Manager for the City of Cape Canaveral. SECTION THREE. Effective Date. This resolution is effective immediately upon passage, but its effect is retroactive to the effective employment date of June 1, 2010. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 7th day of September, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, C.M.C., City Clerk Robert Hoog Approved as to Form: Anthony A. Garganese, City Attorney Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/07/2010 Item No. : Subject: Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 to USA Services of Florida, Inc. Department: Public Works Summary: To meet the requirements of the National Pollutant Discharge Elimination System (NPDES) permit, the City of Cape Canaveral (City) has established a street sweeping program. This scheduled maintenance program limits pollutants, trash, and sand from entering the City's stormwater system and discharging to the Banana River Aquatic Preserve. In an effort to lower the cost of street sweeping maintenance,, the City and The City of Cocoa Beach have joined forces. The two cities advertised jointly for Street Sweeping Services, and contracts were awarded to USA Services of Florida, Inc. (USA) beginning in 2002. The contract includes street sweeping for both the City streets and parking lots (including the library) at a cost of $19.51 per curb mile. The sweeping frequency for the City is once per month; the actual cost per month for the City is $692.02 (or $8,304.24 annually). The joint agreement allows contract extensions for one-year periods — the latest extension expires on September 30, 2010. Contract Amendment 5 (see attachment) extends the contract ;_period for one year to September 30, 2011. Requested Council Action: Approve annual extension of the street sweeping services contract in the amount of $8,304.24 to USA Services of Florida, Inc. Financial Impact: Funds have been budgeted for this contract within the Stormwater Utility Fund for FY 2010-2011 (403-018-538-461000). Reviewed b Cit Treasurer: 'Andrea Bowers Date:B111t o Attachments: 1). Proposed Amendment 5. Submitting Department Head: Walter Bandish Date: Approved by City Manager: David L. Greene CDate: Q/17ftp City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain AMENDMENT, to CITIES OF COCOA BEACH & CAPE CANAVERAL STREETSWEEPING CONTRACT Dated August o6, 2010 By Contract executed on October 17, 2oo2- by and between the City of Cocoa Beach and the City of Cape Canaveral, know as the "Cities", and USA Services of Florida, known as the "Contractor" witnesseth: As a result of the Cities' complete satisfaction with the level of service provided by the Contractor, the Cities wish to amend Article 1- Term of Contract to allow service to continue for one (1) year until September 30, 2o11. The first paragraph of Article 1 of the Streetsweeping Contract shall be amended as follows. ARTICLE i. - TERM OF CONTRACT The Contractor shall commence services under this Contract on October 1, nolo and this Contract shall continue for a period of one (1) year through September 30, 2011, unless either party chooses to exercise its rights under Article 27 - Termination. This Contract is renewable in one (1) year increments thereafter if extended by mutual agreement of all parties. CADocumenis and Seitings'J.RatffALocal SettingMTemporary Internet FilesSCcntent.OutlocklVRJJC119WhStreetsweeping Contract 2010 Amendment 5.doc IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first above written. Attest: By: Loredana Kalaghchy, CMC City Clerk Date: Attest: By: Angela Apperson City Clerk Date: Witnesses: By: Print Name: Date: CITY OF COCOA BEACH, FLORIDA a Florida Municipal Corporation By: Charles Billias, City Manager Date: CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation Date: Rocky Randels, Mayor USA SERVICES OF FLORIDA, INC., a Florida Corporation Eric A. Seidelman, President Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Skip Fowler, City Attorney City Attorney of Cocoa Beach Date: By: Anthony Garganese City Attorney of Cape Canaveral Date: CADocuments and SeningslJ.Retliflll.ocal SettingsUemporary Internet Files\Content.Qutlook\VRJICH4NhStreetmvmping Contract 2010 Amendment 5.doe City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/07/2010 Item No. & Subject: Approve the Use of Unbudgeted Funds for Construction of Stormwater Improvements at Two Presidential Street Locations (364 Polk Avenue and Fillmore Avenue East of Ridgewood Avenue) in the Amount of $19,612.00 to Atlantic Development of Cocoa, Inc. Department: Public Works Summary: The last few heavy rainfall events have highlighted two locations within the Presidential Streets area which require timely improvements to the existing stormwater system. These areas have been TV monitored several times to check for obstructions in the stormwater lines — no obstructions have been observed. It is apparent that the existing stormwater infrastructure is not adequate to manage stormwater flow at these locations. The identified areas are as follows: Site #1. 364 Polk Avenue: According to the owner, this residence is flooding after heavy rainfall events — the flooding is reportedly from stormwater which flows onto the property from Polk Avenue. Public Works staff has observed stormwater from Polk Avenue that is very close to overflowing onto this property. The two inlets adjacent to the property need replaced to improve stormwater flow and the stormwater pipe (10 -inch diameter) connecting the manholes is too small. Public Works proposes to replace the two inlets with Type "C" inlets and replace the stormwater pipe with a 14 -inch by 23 -inch diameter pipe. This will remove the ponding stormwater from this area and eliminate the potential for flooding at 364 Polk Avenue (see attached aerial photograph). Site #2. East of Fillmore Avenue/Ridgewood Avenue Intersection: The two existing inlets are in need of replacement — stormwater currently collects in the roadway and nearly floods the garages of the adjacent condominium. Residents frequently have to wait until the stormwater recedes to drive vehicles to Ridgewood Avenue. Both existing inlets are in non-compliance with FDOT specifications due to limited size small inlet openings. A large amount of stormwater collects in this area. Public Works proposes to replace the two inlets with Type "C" inlets to improve stormwater flow (see attached aerial photograph). Although both of these projects are unbudgeted items, recent heavy rainfall events have further highlighted the need for improvements. Other than the Harbor Heights stormwater system, these two locations are the worst in the City as far as stormwater flow is concerned. Public Works staff recommends that both improvement projects be awarded to Atlantic Development of Cocoa, Inc., for completion as soon as possible (prior to any tropical storm activities). Requested Council Action: Approve the Use of Unbudgeted Funds for Construction of Stormwater Improvements at Two Presidential Street Locations (364 Polk Avenue and Fillmore Avenue East of Ridgewood Avenue) in the Amount of $19,612.00 to Atlantic Development of Cocoa, Inc. . ........... . - .. . .. ........ . ....... . .. . .... ......... Financial Impact: Non -budgeted items — funds are available frorn the Stormwater Utility. A budget transfer will be required. C (' Reviewed by City Treasurer: andrea Bowers Date: Attachments: #1. Aerial Photographs — Sites #1 and #2. #2. Agreement for Utilities General Construction Contractor (Continuing Services Contract). #3. Atlantic Cost Estimates. Submitting Department Head: Jeff Ratliff Date: 08/27/10 Approved by City Manager: David L. Greene C,,) -JA4 Date: 6f,3&'//,b City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain Attachment #1 Aerial Photographs -- Sites #1 and #2 m g ��� �<,=�.z. , s /%sl 1�' 1 �% fr '' f jay Irk? Attachment #2 Agreement for Utilities General Construction Contractor (Continuing Services Contract) November 18, 2003 Atlantic Development of Cocoa, Inc. 2185 'West King Street Cocoa FL 32926 Attention Glenn S. Chignon — General Manager Office of the City Clerk Re: Agreement for Utilities General Construction Contractor Dear Mr. Chignon: Joan Clary jWdC 65 Stone Street Cocoa, Florida 32922 (321) 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. I will date the agreement and provide you with a certified copy. If you have any questions or require additional information, please feel free to call. Sincerely, -A Joan Clark, MMC City Clerk City of Cocoa AGREEMENT FOR UTILITIES GENERAL CONSTRUCTION CONTRACTOR THIS AGiREEIirIENT is made and entered into this day of 2009, by and between the CITY OF COCOA, FLOREDA, a Florida Municipal Corporation, hereinafter referred to as "City", located at 65 Stone Street, Cocoa 32922, and Atlantic :Development of Cocoa, Inc. 2185 West King Street, Cocoa, Florida 32926, hereinafter referred to as "Utility Contractor". WITNESSETH: WHYREAS, City wishes to obtain under ground utility services on a continuing basis; and WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and WHEREAS, Utility Contractor participated in the selection and negotiation process; and WHEREAS, EAS, Engineer is wiling 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 hereo% 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 oftMs Agreement shall survive until completion of all Task Authorizations. 1.3 Deffmiitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a."Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Engineer to 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 mean 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 112.061, Florida Statutes, or any other actual expenses the City agrees to reimburse by Task Authorization. £. "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 DFSCRIMON 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 description of the task to.be performed. The Utility Contractor will generate a detailed Scope of Work document, prepare a Schedule, add a Not -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 CHANGES 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 SCHE ULIB 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 'HODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGIIVKER 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 Additional Services Performed by Professional Associates and Consultants. Por 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 party, 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 party for a particular Task Authorization. S.A. 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 Payment, 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 Taste 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 shad 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 PXASCINABLE 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 INKTRANCE 10.1 Liability' 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)3Professional Liability: Proof of professional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single Iimit for each occurrence. Whe 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 minimum. 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 iusurance policies as its interest 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 WITH LAWS S 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. 12.0 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. 12.2 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 INFRINGEMENT 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 harness, 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 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the 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, Floyzda 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. 1.4.3 The Utility Contractor acknowledges that the City is a Florida Municipal Corporation and subject 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. 1.5.0 ASSIGNMENT 15.1 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 shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 1.5.3 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. 1.5.4 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 RDEPENIDENT CONTRACTOR 16.1 At all tunes 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 UTMITY CTT T RACTOR AND CITY'S REMEDIES M 17.1. The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 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 Imitation, and without any further demand or notice. 18.0 TERMINATION 18.1. Notwithstanding any other provision of this Agreement, City may, upon written notice to 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. Tn 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 MA,JEURE 1.9.1 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 Clod; 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 shad 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 & VEleTI7E 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADWGS 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 SEVEN BILIT'y 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 WA IT. 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 leo 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 Tffl D 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 PROHIBI'T'ION AGAINST CONTINGEEINT 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 fhm, other than a bona fide employee worldng 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 FNTIRE AGRFEkENT 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 aNTuRE. Nothing herein shall be deemed to create a jointventure or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES. Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non. -prevailing party the costs and expenses of such action including, but not lirnited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS. 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 DRAFTING. 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 UtWtv Contractor Atlantic Development of Cocoa 2185 West King Street Cocoa, Florida 32926 Attention Glenn S Grignon — General Manager Phone:321-639-8788 For Ci : City of Cocoa/ Utilities Department Attention: Water Field Operations N 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 EVd�'Vi IUNff Y'. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, .P.ld da Statutes, or other limitations imposed on the City's potential liability under state or federal law. 33.0 CO.RPORATEREPRESENTATIONSBYENGM, ER. 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 ENDENINIiF ICATI®N. 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 maybe, 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 N I1~' 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 OF C OA, FLORIDA: Atlantic Development of Cocoa, INC.: By: Ey: J_S�l AJ ' f Mayor Print Name/Title: ATT + `i': CORWRATE SEAL J M B By: Joan ark, City Clerk EXHIBIT "Alp 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 257. X345, "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 lines • 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 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 / 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 Atlantic Cost Estimates ATLANTIC DEVELOPMENT of COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 g;.m a I August 20, 2010 City of Cape Canaveral 601 Thrum Blvd Cape Canaveral, FL 32920 Attn: Jeff Ratliff Re: 364 Polk Ave. Storm Replacement ADC 10-195 Jeff, We are pleased to provide you with a quote to furnish all labor, equipment, materials and supervision for the above referenced project in performing the following task: Remove Asphalt ,Base and Existing 10" Storm Pipe and Replace with 14"x23" ERCP Concrete Storm Pipe 32 L/F , Repave. Total 6912.00 Remove and Replace 2 Existing Inlet Tops @ 3175.00 each Total 6350.00 TOTAL LUMP SUM $13,262.00 If you have any questions, please contact our office at your earliest convenience. Respectfully, Jim Moore ATLANTIC DEVELOPMENT of COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 August 20, 2010 City of Cape Canaveral 601 Thrum Blvd Cape Canaveral, FL 32920 Attn: Jeff Ratliff Re: Inlet Top Replacement Fillmore Ave. and Ridgewood Ave. ADC 10-196 Jeff,- We eff, We are pleased to provide you with a quote to furnish all labor, equipment, materials and supervision for the above referenced project in performing the following task: Remove 2 existing inlet tops and replace with type `C' inlet tops on East side of Ridgewood Ave. at $3,175.00 each. Total Lump Sum $6,350.00 If you have any questions, please contact our office at your earliest convenience. Respectfully, Jim Moore City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/7/2010 Item No. `7 Subject: Approve a Special Alcohol Exemption Permit for Sherry Guidera for a Private Wedding at Manatee Sanctuary Park on December 4, 2010. Department: Parks & Recreation Summary: Applicant Sherry Guidera requests a Special Exemption Permit to allow alcohol at an all day wedding scheduled for December 4, 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. wr Reviewed by City Treasurer: Andrea Bowers w� Date: 3/31//o Attachments: Application dated 8/20110, City Code Article III, Possession and Consumption, Section 6-52, Parks and Recreation Areas Submitting Department Head: Robert Lefever Date: 8/27/10 Approved by City Manager: David L. Greene J` Date: 8/30/10 City Council Action: ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ Tabled to Time Certain Adopted: 811108 CI'T'Y OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: —I' The applicant is requesting a special exemption permit to allow alcohol at the described event, as per Cape Canaveral Code, Article 111, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant. _S�rr�O _ L Title: Organization: Address: 0-�u f ffi- S L L=LN) . E -Mail: • C_O Telephone, f ' Gj (`) — 752-01 _ FAX: Local Contact: Type of Event: tom) 1Q_A&j' \-�C Title: PERMIT FEES: The applicant agrees to pay the City, in advance, for any pennit fees that may be applicable to the particular request as required by the City of Cape Canaveral. 0" -a,,— e- ----- " Applicant Sig ature Date 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 ------'--,City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 David L. Greene § 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) Cross reference --Adult entertainment regulations, § 10-86 et seq. State law reference—Authority to regulate conduct, F.S. §§ 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) Sees. 6-54----6-65. 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 beverage 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 liquor, 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: 09107/20/0 Item No. g Subject: Authorize the Mayor to send a letter to Fair Districts Florida indicating the City's support for Amendments 5 and 6. Department: Legislative Summary: Mayor Randels received a letter dated August 5, 2010 from Fair Districts Florida Chairman Manny Diaz requesting support of State Constitutional Amendments 5 and 6, which are on the ballot for the General Election in November. Amendment 5 establishes standards for the Legislature to follow in Legislative redistricting and Amendment 6 establishes standards for them to follow in Congressional redistricting. These Amendments will (1) prohibit legislators from designing districts to favor themselves or their parties; (2) require contiguous districts; (3) require compact districts, as equal in population as feasible, and where feasible must make use of existing city, county and geographical boundaries; and (4) provide strict protections for minority voters, ensuring that redistricting cannot be used to reduce minority representation. Amendment endorsements include the Florida League of Mayors, the Florida League of Cities, the League of Women Voters, the Florida School Boards Association, Florida NAACP, Florida Black Caucus of Local Elected Officials, Demorcracia Ahora, the Florida Black Legislative Caucus, and every major newspaper in Florida. Requested Council Action: Authorize the Mayor to send a letter to Fair Districts Florida indicating the City's support for Amendments 5 and 6. Financial Impact: None �1 � Reviewed b Cit Treasurer: `Andrea Bowers G�•r h �'"" Date: Y/31 ltd Attachments: Letter from Chairman Diaz, flyer and endorsement form Submitting Elected Official: Mayor Randels Date: 8127110 Approved by City Manager: David L. Greene c9`7 -y+- Date: 813I /JD City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain August 5, 2010 The Honorable Rocky Randels Office of the Mayor City of Cape Canaveral, City Hall P.O. Box 326 Cape Canaveral, Fl 32920 Dear Mayor Randels: As Chairman of Fair Districts Florida, I ask for your support of Amendments 5 and 6. FairDistrictsFlorida is a non-partisan group of Florida citizens who gathered 1.7 million petitions in support of Amendments 5 and 6. This November, we will have a unique opportunity to reform the way legislative and Congressional district lines are drawn by establishing constitutionally mandated fairness standards. For too long, gerrymandered districts have severed our communities. Amendments 5 and 6 will establish constitutional standards that will prohibit legislators from designing districts to favor themselves or their parties; require compact districts; and, provide strict protections for minority voters, ensuring that redistricting cannot be used to reduce minority representation. Amendments 5 and 6 would require lawmakers to use existing city and county lines where feasible, creating districts that keep communities together and eliminating districts that look like puzzle pieces, span hundreds of miles, and divide communities. (Please see enclosed fact sheet). Most importantly, Amendments 5 and 6 will allow voters the opportunity to choose their representatives instead of politicians choosing which voters they want in their districts. Amendments 5 and 6 have been endorsed by the Florida League of Mayors, the Florida League of Cities, the League of Women Voters, the Florida School Boards Association, Florida NAACP, Florida Black Caucus of Local Elected Officials, Democracia Ahora, the Florida Black Legislative Caucus, and every major newspaper in our state. I hope you will support Amendments 5 and 6 by signing the enclosed endorsement form and returning the same to my attention via facsimile at (786) 522-0522. I also encourage and welcome your suggestions on how best to achieve victory in November. I look forward to hearing from you. I can be reached at manny@fairdistrictsfloridLm or (305) 445-5442. Si Diaz, ChfeCity FairDistrictsFlorida PresidenU.S. Conference of Mayors Mayor o of Miami FairDistrictsF[orida.org 2665 South Bayshore Drive • Suite M-103 • Miami, FL 33133 • 305.445.5442 = (INION R7NTNG Paid political advertisement. Paid for by FairDislrictsFlorida.org 2665 South Bayshore Drive, Suite M-103, Miami, FL 33133 J r NAM EITLZI,�:1[1111� 1111`11: .41 HIGHLANDS GLADESOR HENDRY Every ten years, Florida's elected representatives are allowed to re -draw their district lines — and they use this opportunity to protect themselves. > The Florida Constitution now contains no guidelines or standards to stop this political conflict of interest. > This scenario leaves politicians free to rig districts, which makes real competition in elections rare. Just look at the three last elections, when only three incumbent Florida legislators were defeated. Take a look at Florida's House District 78. What you see is a voting district that has been drawn by legislators to achieve a political result that benefits them. This is unfair and un-American. District 78 is just one of dozens of Florida districts that have been designed by the politicians to favor a political party or incumbent. It divides communities and connects areas that have little in common. Redistricting is intended to ensure that every person's vote counts equally. But in Florida, this is not how things work. Legislators now choose their voters rather than the voters choosing their representatives. That is not democracy. > FairDistricts Amendments 5 & 6 will create rules to stop politicians from drawing districts to favor themselves or to eliminate their political opponents. > Florida's major newspaper editorial boards are unanimously in favor of FairDistricts Amendments 5 & 6. > Voting YES for FairDistricts Amendments 5 & 6 on the November 2 ballot will allow Florida voters to select their representatives rather than the other way around. FLORIDIANS CALL FOR FAIR REPRESENTATION The current system for drawing legislative and congressional districts is broken. —St. Petersburg Times The redistricting process needs to be overhauled.... It is critical to remove selfish political motives from the process --- Tampa Tribune There is nothing state lawmakers guard more jealously than their power to rig legislative and congressional districts to serve their own interests and their party's desire for control. — The Gainesville Sun The present rules of redistricting serve the interests of poli- ticians more than voters .... the intent of the amendments is sound. to give voters more power and powerful politicians less. — Tallahassee Democrat Gerrymandering by either party is an affront to democracy and to the expectation that all men and women are equal under the law. —Sarasota Herald Tribune Opponents of the amendments should just be honest about it and admit they don't want to change a system that helps them hold on to power. — South Florida Sun -Sentinel This bi-partisan campaign deserves broad bi-partisan support. —Palm Beach Post Florida's voters now have the monumental opportunity to end the patently unfair practice of gerrymandering. — Bradenton Herald This is a campaign to restore some integrity to the now - corrupt system of drawing legislative and congressional districts.... Unless the process is changed, voters won't get the choices they deserve. — Orlando Sentinel Many legislators are outraged at proposals that would strip them of the ability to rig districts to benefit parties or individuals .... but fairer districts can only be good for Florida. Here's hoping that voters see through the distractions, and vote to protect their interests. —Daytona News Journal End the political gerrymandering that harms democracy. —Florida Today Fortunately a group called FairDistrictsFlorida is seeking a constitutional ban on gerrymandering.... Lines shouldn't be drawn to help a party, incumbent or anyone else. —Florida Times Union Amendments 5 and 6 will give control of elections back to Florida's voters, where it belongs. — The Miami Herald pd.pol.ady. Paid for by FairDistKctsFlorida.org, 2665 South Bayshore Drive, Suite M-103, Miami, FL 33133 ®<9Dn, FairDistrictsFlorida.org Endorsement Form I, , endorse the campaign of (print name) FairDistrictsFlorida.org to pass two constitutional amendments to establish standards for Congressional and legislative redistricting. FairDistrictsFlorida.org has my permission to refer to my endorsement publicly or privately and to refer to me as a supporter of these initiatives. Signature Date Print Name Title Phone City and County Email Address Please send your endorsement form to FairDistrictsFlorida.org by fax, email or mail. Fax: (786) 522-0522 Email: Manny@FairDistrictsFIorida.org Mail: FairDistrictsFlorida.org c/o Manny Diaz 2665 South Bayshore Drive, M-103 Miami, FL 33133 If you have any questions, please contact FairDistrictsFlorida.org at 305-445-5442. pd.pol.adv, Paid for by FairDistrictsFlorida.org, 2665 South Bayshore Drive, Suite M-103, Miami, FL 33133 City of Cape Canaveral City Council Agenda Form Item No. Subject: Motion to Ado�pt: Ordinance No. 10-2010, Annexing One (1) Parcel of Real Property Containing .67 Acres, More or Less, Generally Located at 315 Grant Avenue, in Unincorporated Brevard County, Florida, and Legally Described Herein, into the Municipal Boundaries of Cape Canaveral; Providing fo�r the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for the Repeal' of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at Second' Reading, Department: Community Development Department Summary: A staff report is provided which explains this item in detail. The City Council approved the first reading of Ordinance No. 10-2010, annexing 315 Grant Avenue into the City at the August 17, 2010 Regular City Council Meeting. The first Notice of Voluintary Annexation ad was published on Wed'nesday, August 18 1h and as of this 1h writing, the second ad is scheduled to be published on Wednesday, August 25 Requested Council Action: Adopt second reading of Ordinance No. 10-2010 annexing 315 Grant Avenue into the City. Financial Impact: Fiscal analysis is inc1pded within the Staff Report. 04, ,,-A tv, 4fya"4., Reviewed by City Treasurer: 4ndrea Bowers Date: LTAS-1.,o J Attachments: (1) Staff Report. (2) Planning & Zoning Board recommiendation, (3) Planning & Zoning Board minutes. (4) Ordlinance No. 10-2010. (5) Location Map. (6) Photos. Submitting Department Head: Barry Brown Date: 08/24/10 Approved by City Manager: David L. Greene D-V� Date: Ql;�Ivlfir City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain, City of Cape Canaveral, Florida City Council August 17, 2010 STAFF REPORT Request: To annex a residential property into the City. Annexation of this property includes annexation by ordinance and subsequently amending the comprehensive plan to recognize the annexation and rezoning the property to assign a city zoning designation. We can annex now, but the comp plan amendment and rezoning will have to wait until our EAR -based amendments are adopted. Applicants: Jack and Elizabeth Mutter Subject property: The property is a .67 acre parcel addressed as 315 Grant Ave. It is located on the southwest quadrant of the intersection of Grant Ave. and Ridgewood Blvd. in the unincorporated area of Brevard County known as Avon -by -the -Sea. It is developed as a 15 unit apartment building named Avon -by -the -Sea Apartments. Land Use and Zoning designations: The property currently has Brevard County zoning of RU -2-30, which is a multifamily zoning with a maximum of 22 units per acre. The land use designation is R-15. Analysis: The Mutter's have requested annexation into the City. Their reasons include: lower taxes and assessments; better police service; availability of reuse water for irrigation, and more favorable interpretation of Florida building and fire codes regarding alarm systems. The request has been reviewed by City staff including Public Works, the City Engineer, the Building Official, Fire Dept., and City Planner. The following issues were addressed: Sanitary Sewer - the property is currently being served by Cocoa Beach. Our code requires connection to the City sewer system, however, connection to City sewer would require extension of the sewer line on Orange Avenue approximately 190 ft. south to the subject property. The sewer line is located under Orange Avenue and that portion of the road between the southern --most sewer manhole and the subject property is County owned. Because of the cost to connect to our system, Public Works is willing to allow the property to continue to be served by Cocoa Beach. Water — the property is served by City of Cocoa as is the City of Cape Canaveral. Roads — the property is served by County roads and they will remain County roads. 1 Stormwater — is handled by the County and will continue to be. There is a swale on-site that overflows into the County system. Reclaimed water — lines are located along the south side of Johnson Avenue about 300 ft. away. The City will not install a new reclaimed line for a single customer. Nonconformities — There are some existing nonconformities with our code including: density, parking, and sanitary sewer. There are 15 units on .67 acres of land for a density of 22.39 du/acre. Our code allows for a maximum density of 15 units per acre. The building has 28 parking spaces where our code calls for 30. Sanitary sewer has been addressed above. Fiscal Analysis: 2009 Assessed and taxable value = $700,000 Taxes in County (14.5151 total mils) x 700,000 = Assessments Total taxes and assessments Taxes if in City (15.7255 total millage) x 700,000 = Assessments Total taxes and assessments 2009 Estimated revenue to the City: Police 1.4166 x 700,000 991.62 Fire 1.2715 x 700,000 890.05 Library 0.0453 x 700,000 31.71 Beautification 0.3337 x 700,000 233.59 Total 3.0671 $2,146.97 2010 Assessed value = $545,000 2010 Projected revenue to the City - 3.0671 x 545,000 10,160.57 3,351.73 $13,512.30 11,007.85 641.25 $11,069.10 $1,671.57 Summary: While Florida Statutes do not require that annexations be heard by the Planning and Zoning Board, our code does call for the Board to make a recommendation to the Council regarding the zoning to be assigned to the annexed property. P&Z recommended a zoning of R-2, Medium Density Residential District. The Brevard County Director of Planning was notified about the annexation request by phone on two occasions and did not express concerns regarding the annexation. The Brevard County Board of Commissioners was notified by certified mail and according to Florida Statutes 171.044(2) on July 27, 2010. No comments have been received to date. 2 While the property does not fully comply with our code, the nonconformities are either minor or are being adequately addressed by other service providers. Staff recommendation: Staff recommends that the City Council approve the first reading of Ordinance No. 10-2010 annexing 315 Grant Avenue into the City. 3 City of Cape Canaveral Community Development Department CITY OF GAPE CANAVERAL f Tl rr} Date: May 20, 2010 �.,�, I_. To: Angela Apperson, Acting City Manager Mia Goforth, Acting City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Voluntary Annexation of 315 Grant Avenue Jack and Elizabeth Mutter, Petitioners At the Planning & Zoning Board meeting, held on May 12, 2010, by unanimous vote, the Board recommended to City Council that if the property is annexed, the Board recommends that it be included into the R-2 zoning. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321.) 868-1247 www.cityof4capecanaveral.org • email: ccapecanaveral@cll.rr.com PLANNING & ZONING BOARD MEETING MINUTES MAY 12, 2010 A Regular Meeting of the Planning & Zoning Board was held on May 12, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown Todd Morley Jeff Ratliffe NEW BUSINESS Chairperson Vice Chairperson 1st Alternate 2"d Alternate Secretary Assistant City Attorney Council Member Planning & Development Director Building Official Assistant Public Works Director 1. Approval of Meeting Minutes: ,April 14. 2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of April 14, 2010, with Donald Dunn's inserted sentence, as read by Chairperson Russell_ Vote on the motion carried unanimously. Chairperson Russell asked the Board members if they would consider changing the order of the agenda to move agenda item #4 to #2 in order to accommodate the petitioner, because the other agenda items could have lengthy discussion. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to move agenda item #4 up to #2. By unanimous consensus, the orders of the agenda items were changed. 2. Recommendation to Board of Adjustment Re: Special. Exception Request No. 10-01 to Allow a Child Care Facility in the R-2 Zoning District at Palms East Apartments, 211 Caroline Street, Section 14, Township 24 Sou,th,, Range 37 East,. Parcel 502.0 — Jeffrey W,. Wells, Petitioner for Palms East LLC, Prope[!y Owner. Barry Brown, Planning & Development Director gave his staff report. He advised that the city code was recently amended to allow child care facilities in the R-2 zoning district by special exception. Palms East was requesting a special exception to allow a child care facility. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 2 The Board members reviewed the application packet. The Board reviewed the special exception criteria worksheet, which included consideration and verification of the following: land use and zoning, impact to surrounding properties, traffic and parking, public services, and any miscellaneous impacts. The Board members also verified that the request met the special exception conditions of the City code pertaining to child care facilities. Brief discussion was held regarding the submitted drawing of the facility. Bary Brown verified that it was drawn to scale; however, the drawing was reduced for the Board packet and the scale was cut off. He advised that he would annotate the scale on the drawing. Toni Abeles, Managing Partner for Palms East Apartments, testified that there are over 100 children living at the complex. The reason why they want to start this child care is so the kids have some supervision, because some have no supervision before and after school; they will make the care affordable for the residents; they are anticipating that 95% of the children that come into the facility will be from the apartment complex. Since the property is only one block from the elementary school, they also anticipate some children for before and after school care. She verified that staffing would depend on the State requirement, and parking was available all along the facility. Hours of operation will be from 6 a.m. to 8 p.m. Motion by Donald Dunn, seconded by Harry Pearson to recommend approval of Special Exception Request No. 10-01, with the conditions as specified in the City code. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Voluntary Annexation of 315 Grant Avenue .lack and Elizabeth Mutter, Petitioners: Chairperson Russell announced that the Board is not making a formal recommendation, because it has no authority to make recommendation on a voluntary annexation; however, the Board can give an informal opinion. He advised that they only needed to recommend the zoning for the property. Barry Brown, Planning & Development Director, explained that Jack and Elizabeth Mutter are requesting a voluntary annexation. He described the property, land use, and zoning designation. He advised that the Mutter's have requested annexation into the City to lower taxes and assessments, better police service, availability of reuse water, and a more favorable interpretation of the Florida building and fire codes regarding alarm systems. He further advised that the City staff review team reviewed the request, and addressed sanitary sewer, water, roads, stormwater, reclaimed water, and nonconformities. Staff recommended that while Florida Statutes do not require that annexations be heard by the Planning & Zoning Board, City code calls for the Planning & Zoning Board to make a recommendation to the City Council regarding the zoning to be assigned to the annexed property. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 3 Barry Brown asked for the Board's input in evaluating the request. He commented that it appeared that the Mutter's would benefit from the annexation and was asking the Board to consider how the City benefits and any downstream ramifications from the annexation. He advised that the property did not fully comply with the City code; and the non -conformities were minor or being adequately addressed by other service providers. The Board members viewed photographs and aerials of the property, held discussion and received input from Barry Brown and Jeff Ratliffe, Assistant Public Works Director, regarding: sanitary sewer, sanitary sewer hook-up, reclaimed water,. ownership of the roads. Ron Friedman advised that the City code was specific, in that every property in the City had to hook into the City sewer. He questioned how the City could waive that requirement. Barry Brown advised that the question was brought up during the staff review committee meeting. Staff concluded that it would be considered an existing non- conformity. Other existing non -conformities included: the density is greater than what our code allow and the property has less parking than what is required by code. Ron Friedman responded that it is not an existing non -conformity. He advised that City code has a provision that if a property has a septic tank the owner is responsible for 150 ft. of sewer connection. Therefore, in this case, the City was only responsible for 40 ft. of a new sewer line. He commented that anytime the City is considering creating a non- conforming use that is 50% more than the existing surrounding zoning it is not the right thing to do. He asked what benefit this property would be to the City. Donald Dunn commented that the City would not approve someone building a non -conforming use. Bary Brown explained that staff originally analyzed the annexation from the standpoint of how it would benefit the Mutter's. A fiscal analysis determined it would benefit them from a tax and assessment standpoint. Staff had not fully accessed the benefit to the City. Jack Mutter, Applicant, advised that it would be a benefit for the City if any properties south of Grant Avenue were annexed, starting with his property. He noted that other property owners on Grant Avenue are also interested in annexing into the City. He commented that more properties in the City would increase the tax base; he didn't believe there could be a sewer connection on Orange Avenue, because of the elevation, unless a lift station was installed. He noted that the main reason he was requesting annexing, was to increase emergency response time. He was aware that if the building was destroyed more than 50%, only 15 units per acre would be allowed. Discussion was held regarding a referendum that was held in 2005 regarding annexing the properties located in Avon by the Sea that are located between Cocoa Beach and Cape Canaveral. David Hiltoff, 201 Garfield Avenue, advised that the reason the property owners do not want to annex into either city is because they are happy the way things are. Discussion continued. Motion by Harry Pearson, seconded by Bea McNeely, to recommend that if the property is annexed into the City, that the zoning be R-2. Motion failed by a (3) to (2) vote, with members voting as follows: Donald Dunn, against; John Fredrickson, against; Bea McNeely, against; Harry Pearson, for; and Lamar Russell, for. Brief discussion followed. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 4 Motion by Lamar Russell, seconded by Harry Pearson, to recommend to City Council that if the property is annexed the Board recommends that it be included into the R-2 zoning. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to City Council Re:_ Proposed Ordinance Amending Section 110-557,. to Allow Commercial Parking Facilities by Special Exception in the G-1, M-1 and C-2 Zoning Districts. Barry Brown, Planning & Development Director, explained the request and gave his staff report. The Board members reviewed, discussed, and commented on the proposed ordinance. Discussion was held regarding buffering and landscaping; future long term planning of how the City should be redeveloped, functionality and aesthetics; minimum area should be flexible; proposed hours of operation should be extended; other cities who allow commercial parking do not have the Port as their neighbor; the City is supporting the Pori more than the citizens; what the visioning workshops revealed, what do the citizens want; large open undeveloped properties on the northern end of the city; commercial parking lots being detrimental to the City's future plan; allowing parking garages in the M-1 zoning district only; no parking lots in any zoning district; proposed distance between facilities; potential consequences if use is allowed; parking facilities at the north and south ends of the City; seven factors in the City code that are special exception criteria giving discretion on a site by site basis to consider if a request is an appropriate use on the site proposed; compatibility; commercial parking lot in Cocoa Beach across from Publix; types of security; highest and best property uses; commercial parking lots being a transitional use; market demand; City being a bikeable and walkable community; parking overflow at City hotels; providing and removing a service; allowing commercial parking only in C-1 and C-2; when the visioning process will begin; how parking fits into the vision; and not considering the ordinance until after the visioning is finished; allowing no commercial parking lots or garages in C-1 or C-2; allowing parking garages only in M-1; not allowing parking garages at all; existing vehicle rental facilities; ensure the City codes are in place as a result of the visioning before enactment of this ordinance; create the commercial parking ordinance from an architectural approach; ask the Planning Director to provide visioning information and guidance on how this request fits into the vision. Motion by Donald Dunn to table recommendation of the ordinance. Motion failed for lack of a second. Discussion followed regarding establishing a date to come back to the ordinance for recommendation. Barry Brown advised that the City has an application to amend the code, and at some point the Board needs to move forward and make a recommendation to the City Council, so that they can make a final determination. Discussion continued. Motion by Harry Pearson to recommend to City Council that the proposed ordinance be adopted, as written, in C-1 and C-2. Motion failed for lack of a second. Discussion followed. Motion by Donald Dunn to recommend denial of the ordinance to the City Council, because the Planning & Zoning Board needs more of a match between the visioning process and this code amendment request. Motion failed for lack of a second. Discussion followed. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 5 The Board members agreed that since they could not reach a consensus, they would continue discussion at the next meeting. OPEN DISCUSSION No open discussion was held. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 9:55 p.m_ Lam Russell, Chairperson Susan L. Chapman, Secretary '1 2ev, 2e lb. Date of kprovar � p � ORDINANCE NO. 10-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING .67 ACRES, MORE OR LESS, GENERALLY LOCATED AT 315 GRANT AVENUE, IN UNINCORPORATED BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN, INTO THE MUNICIPAL BOUNDARIES OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF CAPE CANAVERAL CHARTER; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. - WHEREAS, the City is granted the authority, under Section 2(b), Article VIlI, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, City Charter, and City Code; and WHEREAS, upon adoption of this Ordinance, the municipal boundary Iines of the City of Cape Canaveral, contained in the Cape Canaveral Charter, Article I, shall be redefined to include the subject real property; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 10-2010 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Annexation of Real Property. The City Council of the City of Cape Canaveral hereby annexes the following area of real property into the City of Cape Canaveral. Lots 1, 2, 3, and 4, Block 79, AVON BY THE SEA according to the plat thereof as recorded in PIat Book 3, Page 7 of the Public Records of Brevard County, Florida together with the East one-half of Vacated Orange Avenue lying West of and adjacent to said Lot 1, all lying within Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Block 79; thence S14°05'36"W, along the East line of said Block 79, a distance of 133.79 feet, to the Southeast corner of said Lot 4; thence N89°45'55"W, along the South line of said Lots 1 through 4 and the Westerly extension thereof, a distance of 212.22 feet, to a point on the centerline of Vacated Orange Avenue; thence NO1°43'50"E, along the centerline of said Vacated Orange Avenue, a distance of 128.95 feet, to the Westerly extension of North line of said Block 79; thence S90°00'00"E, along said North line, a distance of 240.90 feet, to the POINT OF BEGINNING; Containing 29,309 square feet or 0.67 acres, more or less. [Brevard County Property Appraiser ID: 24 -37 -23 -CG -00079.0-0001.001 The real property shall be known as existing within the boundaries of the City of Cape Canaveral, Florida, from the effective date of this ordinance. Section 3. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 2 of this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days from the effective date of this Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Brevard County, the Chief Administrator of Brevard County, and the Department of State within seven (7) days of the effective date. City of Cape Canaveral Ordinance No. 10-2010 Page 2 of 3 ,l t Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to in be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 2010. ROCKY RANDELS, Mayor ATTEST: Bob Hoog Buzz Petsos ANGELA APPERSON, City Clerk Rocky Randels C. Shannon Roberts Betty Walsh APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Cape Canaveral Ordinance No. 10-2010 Page 3 of 3 For Against Page: I of I F t d,,, C F A ti.ttp:llwNvw.brevardpropea- tyappi-aise,r.coiiilscriptslesi-inia.dit?'ria,i,iic--=B�-evard I &id=200905... 5/11/2009, City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/07/2010 Item No., /61 Subject: Discussion of funding for the Cape Canaveral! Library for Fiscal Year 2010/11,. Department: Legislative Summary: Attached is a string of e-imails between, Mayor Randels and Brevard County Libraries Director Catherine Schweinsberg. The e-mails are summarized as follows: The, Brevard County Commission has reduced the funding for the Cape Canaveral Library as follows: $31,486 for media purchases (books and other materials) $29,373.50 (1/2 of $58,747), for a full time Library Director with Benefits $9,831 for a part-time Librarian I These reductions will affect the current level of service provided to our residents. The proposed budget anticipates $14,000,010 will be available to provide assistance to the Library, $56,690.50 in additional funding from Reserves would be required to fund the books and the two positions. Requested Council Action: Discuss the matter and provide direction to the, City Manager. Financial Impact: $ 14,000.00 currently proposed in the FY 2010/11 Budget. $56,690.50 in additional funding from Reserves would be required to fund the books and the two positions. Reviewed by City Treasurer: Andrea BowersDate: Attachments: E-mails from Mayor Randels an_d,:evard County Libraries Director Catherine Schweinsberg. Submitting Elected Official: Mayor Randels Date: 7/30/10 Approved by City Manager: David L. Greene Date: 9SVI/0 City Council Action: Approved as Recommended C Disapproved Approved with Modifications Tabled to Time Ceirtain Angela Apperson From: David Greene Sent: Friday, July 30, 2010 1:34 AM To: Angela Apperson; Rocky Randels Subject: Re: Your request for information Rocky, We will place the item on a future Agenda for discussion/eonsideration. David Sent from my HTC on the Now Network from Sprint! ----- Reply message From: "Rocky Randels" <R.Randels@cityofcapecanaveral.org> Date: Fri, Jul 30, 2010 1:24 pm Subject: Your request for information To: "David Greene" <D.Greene@cityofcapecanaveral.org>, "Angela Apperson" <A.Apperson@cityofcap ecanaveral. org> Perhaps these initial findings need to be a future discussion item for our City Council, with maybe some input from the current Library Director and our city Library Board as to their views. Rocky From: Cathy Schweinsberg [mailto:cschweinsberg@brev.org] Sent: Thursday, July 29, 2010 8:05 AM To: Rocky Randels Cc: Stockton.Whitten@brevardcounty.us Subject: RE: Your request for information Rocky, If the City contributed funding for a Library Director, the current sharing of an existing director would cease. We are prepared to continue what we have in place now if funding was not forthcoming from the City of Cape Canaveral. The amount I gave you was the beginning salary of a Lib. Dir. I. No, the City would not have a role in the hiring process, just as the Board of County Commissioners has no role in the hiring of other Library Directors. Just let me know whatever is decided. Thanks much. Catherine Schweinsberg, Director Brevard County Libraries 308 Forrest Ave. Cocoa, FL 32922 (321) 633-1801 From: Rocky Randels [mai Ito: R.Ra ndels@cityofcapeca naveral.org] To: Cathy Schweinsberg [mailto:cschweinsberg@brev.org] Cc: David Greene [mailto:D.Greene@cityofcapecanaveral.org], Angela Apperson [mailto:A.Apperson@cityofcapecanaveral.org] Sent: Wed, 28 Jul 2010 21:10:59 -0400 Subject: RE: Your request for information Kathy, Thank you for the information. We set our tentative millage this evening, and anticipated some assistance to the county in order to maintain the current level of service or better for our Library customers. Would the amount for the Library Director as listed below, be in addition to the part time sharing of a Director with another Library and ours; as was originally anticipated for this year? Or is this the entire amount of the salary/ benefits for the Director. Also another question, if are we paying the full amount for the Director of our Library; would we have any input in the selection of who among the qualified county applicants you consider in the promotion package? Again, thank you for your personal involvement in permitting our city to continue to maintain the excellent level of service our residents have enjoyed for many years. I will copy this to our City Manager, David Green; and our City Clerk, Angela Apperson. Rocky, Mayor From: Cathy Schweinsberg [maiito:cschweinsberg@brev.o_g] Sent: Wednesday, July 28, 2010 4:51 PM To: Rocky Randels Cc: Stockton.Whitten@brevardcounty.us Subject: Your request for information Rocky, Per your request, here are the funding requirements to make up for losses to the CC Lib. budget next year: $31,486 for media (books and other materials) purchases; $58,747 (includes benefits) for a Lib. Director, full-time $9,831 for a part-time Librarian I. Let me know if you need additional information. Thanks for all you do. Catherine Schweinsberg, Director Brevard County Libraries 308 Forrest Ave. Cocoa, FL 32922 (321) 633-1801 Brevard County Libraries is a public entity subject to Chapter 119 of the Florida Statutes concerning public records E-mail messages are covered under such laws and thus subject to disclosure. All email sent and received is captured by our servers and kept as public records. This message has been scanned for malware by Websense. www.websense.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Click Mere to report this email as spam, Brevard County libraries is a public entity subject to Chapter 119 of the Florida Statutes concerning public records E-mail messages are covered under such laws and thus subject to disclosure. All email sent and received is captured by our servers and kept as public records. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt, Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. City of Cape Canaveral City Cou!nci�l Agenda Form IN I I Meeting Date: 09/017/2010 Item No. // Subject: Discuss a request from Charles Pindziak to remove John Porter as member of the Vision Committee. Department: Administrative Summary: On August 2, 2�010 Mr. Pindziak submitted a letter to the City Council requesting the removal of John K. Porter from the Vision Committee. The letter is attachment #1. In the letter Mr. Pindziak states he believes several payments to be outstanding. We have verified payments as follows: Outdoor Entertainment permit for Farmers Market was granted by the City Council on J�uly 7, 2009, minutes are attachment #2. On October 22�, 2009 a bill for $6,000.00 was sent by former City Manager Boucher, copy contained as a part of attachment #1�. On Jlune 1, 2010 the City Council approved a reduction from $6,000.00 to $500.OiO. On J�une 11, 2010 a bill was sent to Banana River LIP in the amount of $500.001. On June 24, 20110 the $500.00 was paid. B,ill and payment are attachment #3. Request for change in Land Development Regulations to allow Commercial Parking Facilities. On April 6, 2010 Mr. Bob Porter e-mailed an application for code change., On April 6, 2010, Mr. John Porter signed the application and paid the $250.,00 fee. Receipt is attachment #4. The item was considered by the City Council on July 6, 2010i. At the meeting it was noted payment was needed for advertisement costs. On August 11, 2010 an e-mail was sent to Mr. John Porter requesting payment in the amount of $6i46.410 for the advertisement. On August 19, 2010 the payment was received. The receipt is attachment #5, On August 24, 2010 the City Manager met with John Porter regarding the issues with 63915 NI. Atlantic Avenue. An updated firrieline for 6395 N. Atlantic is attachment #6. During the meeting Mr. Pindziak's request for removal from the Vision Committee was also discussed. Mr. Porter indicated he was not willing to resign from the Committee. On August 26, 20110 the City Manager responded to the August 17, 2010 letter from Mr. Pindziak inquiring about his request for an agenda item. The response is attachment #7. I on 100TUMITZ•Ira I a Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: Subject: Discuss a request from Charles Pindziak to remove John Porter as a member of the Vision Committee. (continued) Attachments: #1. August 2, 2010 letter from Mr. Pindziak #2. July 7, 2009 Council Meeting minutes #3 June 11, 2010 bill with payment validation #4 Application for Code Amendment with payment on April 8, 2010 #5 Escrow Request with payment on August 19, 2010 #6 Updated timeline for 6395 N. Atlantic Ave. #7 August 26, 10 response to Mr. Pindziak Approved by City Manager: David L. Greene Date: 8126110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Charles W. Pindziak 112 E. Central Boulevard Cape Canaveral, Florida 32920 August 2, 2010 Mayor and City Council City of Cape Canaveral 105 Polk Avenue, P.O. Box 326 Cape Canaveral, Florida 32920-0326 Dear Council: 4-S S wb 0"6� V2 /io AA John K. Porter actively pursued a position and then chairmanship of the visioning committee of the City of Cape Canaveral, and he obtained both positions. Soon thereafter the following occurred: 1. He was able to obtain an outdoor entertainment permit for a farmer's market at 6395 N. Atlantic Avenue in Cape Canaveral when in no way is a farmer's market an outdoor entertainment entity. 2. There was a permit fee of $500.001day for the above, and this was not paid. There were also requirements for outdoor entertainment, which were not followed. There were 12 events held, one per week, and the accrued amount due the city was $6,000.00 as per the letter dated October 26, 2009, signed by the former city manager Bennett Boucher. The city did not pursue this payment. About a year after the original issued permit, the city reduced the $6,000.00 fee to $500.00, which I hope was paid. If the original permit was not paid for, then there was not a valid permit for the farmer's market, and the city tolerated an illegal activity for 12 weeks. After several previous notices to correct an unsafe building at 6395 N. Atlantic Ave dating back to 6117149, the city building official placed an "UNSAFE BUILDING -DO NOT OCCUPY" notice on the building on November 3, 2009. John Porter was given 60 days to secure a permit to either demolish the building or repair the building, either should be in compliance with the Florida Building Code, 2007 edition. Around January 2410 when the above notice expired, I understand that there was a agreement by the City, John Porter, and the Merchantile Bank and their representative Rusty Morton to have the city demolish the building, and at a later date the bank would reimburse the city for the expenses. They city attorney was to formalize an agreement for the appropriate signatures, but one was never prepared. John Porter during this time was seeking further delays in this matter by planning and then filing for bankruptcy about March 9, 2010. He had no intention of either repairing or demolishing the building. On April 13, 2010, he obtained a demolition permit #7164 for 290 Cape Shores Circle, which was a single family residence. The building was demolished. He also obtained on that date a demolition permit #7163 for 6395 N. Atlantic Avenue, but he did not demolish the building. This was just a smokescreen for another delay strategy. At the council meeting of July 6, 2010, John Porter was requesting a change in the ordinances to allow commercial parking facilities in C1, C2 and M1 zoning areas. He did not get his wishes, so he walked out of the council meeting in the middle of his agenda item. He threatened the city with a suit, and as he was leaving, he called Councilman Bob Hoog a "dirty rat"_ He also walked out of a previous meeting under similar circumstances. John Porter didn't pay the necessary fees for the zoning request according to city codes 10-92. These costs were for advertising, publication, administration, and recording. This matter should not have been permitted to come before council until such fees were paid. He is now attempting to have his $53,000.00 fine for code enforcement reduced to a minuscule $2,500.00 and is trying through his attorney to draw up a smoke screen by having a code enforcement fine changed. This has nothing to do with a development agreement. According to city codes before this issue can come to the council it must proceed through the code enforcement board, which Mr. Porter did not do. Also, under chapter 2-260, any present ruling does not affect past fines. In summary, John Porter has not done anything to correct the unsafe building at 6395 N. Atlantic Avenue, and even at present he is seeking a reduction in his fine and using developmental agreements to further his delay tactics. On July 1, 2010, he sent an e-mail to Todd Morley stating, "We are not going to demolish the building." With regards to the above, I believe John K. Porter had a conflict of interest in these matters and used the position as chairman of the visioning committee to obtain what I would consider favors, concessions, considerations, and partiality, and he expects entitlement because of his legacy in the city. 1, with this letter, am petitioning the council to have an agenda item as soon as possible to remove John K. Porter from the visioning committee. Very truly you , Charles W. Pindziak APPLICATION ACCEPTED BY --J PLANS CHECKED: Tt'L--APPROVED BY: i— %" NOTICE: THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE QF COM.M-E-N-CEMENT_ MHOMM 51-OWMASOMIMM-1 Rol PRINTE,6 NAME: IGUATURE/DATE City of Cape Canaveral, Florida DEMOLITION PERMIT ✓7164 PHONE: 321-8681222 INSPECTIONS & FAX: 868-1247 Permit #:7164 Issued: 4/1512010 Address: 290 CAPE SHORES CIR Permit Type: DEMOLITION CAPE CANAVERAL, FL Class of Work: 645- Demo Residential 1 unit Township: 24 Range: 37 Proposed Use: Single Family Residence (R-3) Lot(s): Block: Section: 26 Sq. Feet: Est. Value: Book: Page: Cost: 5,000.00 Total Fees: 100.00 Subdivision: NIA Amount Paid: Date Paid: Parcel Number: 24 372600 251 -. CONTIACTOR.IN�RMA eION,m ' 1, 7V1lNERI'NFORMATIN $ Name: OWNER/BUILDER Name: BANANA RIVER LP . Addr: Address: 6419 N ATLANTIC AVE CAPE CANAVERAL, FL 32920 Phone: Lie:OWNER/BUILDER Phone: 321615-8155 Work Desc: DEMOLITION OF SINGLE FAMILY BUILDING ExP1*re's�o ro DEMOLITION 100.00 F Final WISE,Requir APPLICATION ACCEPTED BY --J PLANS CHECKED: Tt'L--APPROVED BY: i— %" NOTICE: THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE QF COM.M-E-N-CEMENT_ MHOMM 51-OWMASOMIMM-1 Rol PRINTE,6 NAME: IGUATURE/DATE Page 1 of 2 Duree Alexander From: Todd Morley Sent: Friday, July 02, 2010 10:37 AM To: David Greene Cc: Duree Alexander Subject: FW: Azteca site visit July 1st FYI — see below Todd Morley, Building Official City of Cape Canaveral 7510 N. Atlantic Ave, P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 (321) 868-1247 fax T.Morleve.cityofcgpecanaveral.ora www.ci ofca ecanaveral.or From: John Porter[mailto:johnp@porterworldtrade.comj Sent: Thursday, July 01, 2010 11:03 PM To: Todd Morley Cc: Robert Porter; Barry Brown; Angela Apperson; Bob Hoog; Russell, Lamar (K5C-PHN00); Anthony Garganese Subject: Re: Azteca site visit July 1st Todd, Thank you for your attention to this matter. As you know we want to bring the building into compliance, but are limited by the constraints of the court, what the city will allow us to do with our property and the cost of what you are asking us to do. If we cannot use a "temporary" dry in method for the building, and per your email will still be in violation if we did, then we will be unable to remove safety issues and cosmetic problems that we currently have.The Problem is one of resources being allocated to doing it "right" the first time per your statement below. This may actually be a bad business move from the court's standpoint, if we find it a better course of action to demolish the building in the future. The next move may be to take us to court to demolish the building. Because we are under chapter 11, that might take years and waste everyone's time and money. Or the city could find a way to work with us and get this done, and looking good in the next 45 days. We are not going to demolish the building because the city has not given us any hope of cash flowing our property. We believe that the best course of action is to preserve the building so that we may keep our options open for a potential update of the structure. As you know the building is structurally sound except for a few issues outlined in your email below. I urge you and the city to help us get this eyesore and safety issue cleared up in a way that is good for the city and the Porter family. Sincerely, John Porter Partner BRLP ----- Original Message -- From: Todd Morley To* John Porter Sent: Thursday, July 01, 2010 6:19 PM Subject: Azteca site visit July 1st 7/7/2010 Mr. John K. Porter General Manager Banana River LP 200 N. Atlantic Avenue Cocoa Beach, FL 32931 ;xty of Cape Canaveral RE. FARMER'S MARKET OUTDOOR ENTERTAINMENT PERMIT Dear Mr. Porter: You are being notified that pursuant to City Code Section 10-63, you are required to remit to the City of Cape Canaveral a $500 nonrefundable event day fee as established by resolution of the City Council and set forth in Appendix B. In order to bring you current with the City, kindly remit to the City Manager's Office a check in the amount of $6,000 (12 event days x $500). Should you have any questions, please contact me anytime. Your cooperation in this matter is greatly appreciated. Sincerely, en ouc e� �— City Manager /kmm cc: City Treasurer 105 folk Avenue • Post Office Box 326 • Cape Canaverq), FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 - FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com UNSAFE BUILDING DO NOT OCCUPY THIS BUILDING IS UNSAFE AND I'T OCCUPANCY HAS BEEN PROMBI THE BUILDING OFFICIAL S USE OR It shall be punishable by later to occupy this building or ---rem move--orr-defee=this-n tice-Per-C-ry-0rdlna=e -8-2-56 - and Standard Unsafe Building Abatement Code No ' e per Stan. Unsige Building Alatem nt Code 1955 ed. Segfidon 302.1: The Building Official has declared this structure to be unsafe and has issued this notice and directed it to the owner of record. A detailed report documenting the conditions determined to have rendered the building unsafe under the provisions of the Standard Unsafe Building -. Abatement Code is available at the Community Development Dept. at 7514 N. Atlantic Ave. Aft@ss: 6395 N. Atlantic Ave. Cape Canaveral, F132920 P l eg i n: 24-37 26.00-00253:1-400a W1 E 3 al FF OP S Iso FT OF N 31O Fi' WOff' ST RD Banana. River of Delaware, LTD 200 Intemational Dr. 4206 Cape Canaveral, FL 32920 North Atlantic Properties, LLC 204 International Dr. #206 Cape Canaveral, FL 32920 PO Box 544 Cape Canaveral, FL 32920 cross reference to: Banana. River, LP 6419 N. Atlantic Ave. Cape Canaveral, FL 32920 EM SM-ement p 302.1.1(3): If the following re u' ed action is not commenced within or completed within 64 days ofthi.s notice the Building Official may cause the work to be done and all casts incurred charged against the property or the owner of record. The cost of repair or demolition shall constitute alien on the property and shall be collected in a planner provided by law. Whether Wing tepaittd or demolished, all necessary permits are to be secured within 60 -days. All work is to be commenced within 60 days. All work is to be completed within the initial six-month period allowed by the permit. Repair or demolition shall be in compliance with the Florida Building Code, 2007 edition. ftgk@d Aglow. Repair or demolish the building. Any person l ayft any legal interest in tho property may appeal this notice to the Construction Ztoard of Adj ustment and Appeal. Such appeal shalt be 9n writing in the form specified In Ser. 401, of the Standard Unsafe BildingAbatement Code and shaft be Mod whb the WIdlug MM within 30 days frnm the We of this notice. FAgM to a s a vera to : tra ape Canaveral OF City Council Regular Meeting July 7, 2009 Page 5 of 9 ro URI I tqLw--V'L:4jj1jFpI I r. I It-, Nil jrLum WNW". 10 TUES, on -tie mobon cameo 5-717411'.-VITUIng as T011OWS: yor Pro Tom Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 1-2 June 11, 2010 Mr. John K. Porter General Manager Banana River LP 200 N. Atlantic Avenue Cocoa Beach, FL 32931 City of Cape Canaver4 RE: FARMER'S MARKET OUTDOOR ENTERTAINMENT PERMIT - INVOICE Dear Mr. Porter: The Cape Canaveral City Council at their June 1, 2010 meeting, agreed to reduce the fee for your Farmer's Market from ( 12) event days to (I) event day. In order to bring you current with the City, kindly remit to the City Manager's Office a check in the amount of $500.00. Should you have any questions, please contact me anytime. Sincerely, C,t.� KjjaeAeS0,, Angela Apperson Acting City Manager /kmm cc: City Treasurer 2_13 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 3920-0326'uu!,t VI -Ado. 00 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org * email: ccapecanaveral@cfl.rr.com Cityur Cape Canaveral 8uilrling SJepartnrrnt (PleastsP.&tfe i�lyorTyp;7 DATE g„Up F'EE PAID DEPOSIT' RECEIVED BY' 5.250.00 TILING T£E Is --No I-1tEFvNDABLF, KkTURE OF R'EQTji:.ST SPECIAL EXCEPTiON VAWANGE ,_RI~.ZONING -APPEAL _CODE AMENM ENT (IFI QUEST 15 FOR ATELECOMMUNICAVOWTOWERATrACHSHEET 91 -OF TOWERAPPLICATION) 1pE5GitiPTiOi�l dT' It>12�iTEST'� (Insure thAt the specific sections of theZosting'Ordinanceilfk allow &support your request.are noted) (Aitlidi -separate sheet if necessary) of request Legal Dese. LOT .BLIC_ SUBt TWP. _ Range STATEMENT" OF FACT: State of Florida, Cotknty ofBrevard; I, 06it f f -ce- ; being drily swom,;depose•artd say that: I am the owner, 3C .i Am'thp owner's designated agent(Attach,notarimd.icner of authorization), Owner's dame Bcxca.',r 12 Address ��< ,c, ..,.1i Zf City :aAe. .2,lveztx F State '� Zi}� Hone Phone Phone y . .Other � Workn (If other thaa owner) Applicant's Damn .Address City State. Zip Home;P�iene Work •Phone 0' Other- All'anfarmatian; sketches and 49ta coritaiaed and made•part of this. request, ai•o honest and true•to best of my.'khowledge and.belidf. Sworn toand subscribed before my this day of� I'9 Ignaturp,of AKicant NotatyPublitr, StAIe bfI'lorida. The completed rcquestforarand- the '$250.00. fling:feemastberiled asfollowsr'Requestsfor Variancesand Special Exeoptions (EiceV:Ung Teleco:nmunicatica Towers) ,.I4 days prior to•thdpizminj & Zoning Board. Meeting; request. for rezoning, 30 dajtspdor to the Planning $ Zoning Board meeting-,Aeauest for Telecommunications Tourers, sixty days priarfo the Planning & Zoning Boars meeting. The Board.oi'AdjasTffient`ri eetiag wiil.be sct:afier th*- citucstis hewd by the Planning & Zoning Board, (A deliosif inay be -req aired, see codcsectlo)r 1I0-92.for anpl;zability) Foil CITY TJSE ONLY Noiice of Publie•Hcarigg'PubIlshcd]n Newspaper on Notice fo-applirznt1-v CertiFed Mail'No... en Notice posted.on.Bulletin Board on Dloticc posted on sgbjcct.property on _Prop: -owners within 500 fL notified on b41b8/;'E;i8 3:46 Pii #i oh4fts I kirm iW. to Lam heouns $0,00 City of Cape Canaveral Escrow Request Date'. Requested by: Project Name: B de r Reg Lr, -,A - Project Number: Account Number: 001-000-000-202240 Special Exception [—] Preliminary Plat f] Site Plan E] Final Plat Variance Lot Split Rezoning E] Records Request Comp Plan Amendment LJ Other J?eww,,+ ec>ap Voluntary Annexation Special Instructions: M—F."Pow on HIM MI, M, .4 Community Dev Dept, Services Provided: 1� " . , r Initial Deposit Required: .96, 46.40 Date Received: CafI/ I _7r r 'Estimated Cost(s) A/, A e,� Vendor(s) -JU el�, vv '- Revised' 05/20/10 Timeline 476 6395 N. Atlantic Ave. Date Email subject 7113/09 Duree and Todd visit site, determine there is a violation — among the violations, the roof and roof structure is in disrepair. 7120/09 Duree calls Mr. Porter, informing him that a N.O.V. (Notice of Violation) is being prepared requiring remedial action. 7/31/09 Contracting company, Doug Wilson Enterprises, submits re -roof / roof repair building permit application. Durce withholds the N.O.V. Building Department review requires additional information prior to permit issuance. 9/30/09 Still waiting for applicant to submit all additional information. Because there is no significant action on permit application, Duree forwards N.O.V. 1016109 N.O.V. received by property owner. 10/19/09 Mr. Porter meets with staff to discuss N.O.V. 11/3109 Building Official posts the property unsafe 11/5/09 Duree meets with Mr. Porter regarding the unsafe structure and the posting. 11/19/09 C.E.B. meeting finds the property in violation and gives property owner 60 days (January 2, 2010) to repair or demolish the structure. This is consistent with Standard Unsafe Building Abatement Code requirements and the "Unsafe" posting designation. 1/21/10 C.E.B. compliance hearing finds the property in violation and notifies City Council to authorize the demolition of the property, with a contingency that should the City Council not authorize demolition, a fine of $250 per day shall be imposed retroactive to January 2, 2010. 1/28/10 Building Official sends email to City Attorney stating that the bank is willing to reimburse the City costs involved in demolition. 1/28/10 City Attorney replies that their office would need to draft Consent to Demolition Agreement (CDA). Requests that Building Official obtain details from the bank representative. 1/28/10 Building Official contacts bank representative requesting details. 1/28/10 The Bank representative provides details and offers to send a formal letter requesting the CDA agreement. 2/1/10 Letter received from bank requesting a CDA (email attachment) 2/1/10 Building Official forwards the bank's request to City Attorney and asks that she have the Agreement drafted in time for the February 16, 2010 Council agenda (see below). 3/9/10 Todd meets with John Porter and learns that he has filed for bankruptcy. 4/7/10 Todd forwards C.E.B. recommendation to Council 4115110 Mr. Porter submits demolition application. 4/20/10 Demolition permit issued to Mr. Porter. 4/20/10 Council agenda item re C.E.B.'s recommendation to demolish the unsafe structure. Council hears testimony that the property is under foreclosure. City Attorney provides legal guidance to Council. 5/20/10 Demolition permit expires — no progress. 6/22/10 Todd is copied via email from Kate that the CDA was never drafted given that the property owner filed Chapter 11 bankruptcy. 8/2/10 City receives letter from Cliff Gurr, P.E. to Todd, restating the structural deficiencies, stating that "If you are agreeable to the proposed repairs, I will prepare and submit drawings and details for the repairs for your approval". 8/2/10 The City Council is forwarded a copy of Mr. Gurr's letter. 815/10 Todd spoke to Mr. Gurr by telephone and informed him that the City would be agreeable to the proposed repairs. Todd offers to follow up in writing. 8/12/10 Follow-up letter forward to Mr. Gurr via fax. Original followed in the mail. 8/13/10 Mr. Porter, referencing the time between submittal of Gurr's letter and the Building Official's letter, sends an email to David Green and select council members and staff stating that the "lack of urgency on Todd's part is especially questionable since this code enforcement case has elevated to such a high priority by the city. Draw your own conclusions". 8/13/10 Mr. Porter reads letter to City Council regarding building official. 8120/10 Mr. Porter informs that he has picked up the plans to repair the structure and that his attorney has set a date to meet with the city attorney on 9/1/10. 8/24/10 Mr. Porter informs that the plans need to be changed and that he will meet with the bank on 9/1/10 to request agreement on the expenditure for repairs. 8/30110 The meeting date between Mr. Porter's attorney, the city attorney and city staff is revised to 9/2/10. 8/30/10 Mr. Porter indicates that he has received engineered plans and forwards advance copies via email. He also states that he has a General Contractor on standby to apply for building permit. Additionally, he re -states that he has a meeting with his banker on 9/1/10 and that the building permit will be applied for later that day, if he is successful. August 26, 2010 Mr. Charles W. Pindziak 112 E. Central Blvd. Cape Canaveral, FL 32920 Dear Mr. Pindziak: City of Cape Canaveral This is in response to your August 17, 2010 letter. At the August 2"d City Council meeting, you read a letter into the record asking City Council to discuss the removal of John K. Porter from the Visioning Committee. Staff will place your request on the September 7, 2010 City Council agenda as a discussion item. If you need anything additional, please let us know. Sincerely, (D .1K `L 1`7 nAs.,.1 David L. Greene City Manager /kmm Cc: Honorable Mayor and Members of City Council John K. Porter, Visioning Committee Chair Anthony Garganese, City Attorney Angie Apperson, City Clerk 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org • email; ccapecanaveral@cfl.rr.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0910712010 Item No.. /Z Subject: Recommendation from the Planning and Zoning Board that the City Council direct staff to prepare an ordinance amending the City Code to add "assisted living facility' as an allowable use. Department: Community Development Department Summary: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, is considering construction of an assisted living facility on the undeveloped portion of his property generally located on the north side of Central Blvd., west of A1A. The City Code allows adult congregate living facilities, but only in the R-1 Single Family Residential zoning district by special exception. This is to accommodate care for a limited number of persons in a single family residential neighborhood. The City Code does not specifically address assisted living facilities. Staff considers an assisted living facility to be a complementary use and needed housing option in the community. The proposed assisted living facility is appropriately located and is an important economic development opportunity. Accordingly, staff asked the Planning and Zoning Board to consider adding assisted living facility as an allowable use. On Wednesday, August 25, 2010, the P&Z Board met and discussed the appropriateness of allowing this use in the City. The Board approved a motion recommending that the City Council direct staff to prepare an ordinance amending the Code of Ordinances to allow assisted living facilities. Requested Council Action: Direct staff to prepare an ordinance amending the Code of Ordinances to allow assisted living facilities. Financial Impact: Staff time to research and prepare ordinance. Attachments: (1) Request by Mayor. (2) P&Z Board recommendation. Submitting Department Head: Barry Brown Date:08127110 Approved by City Manager: David L. Greene Date:08130110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain AGENDA ITEM REQUEST FORM Please submit completed form to: City Clerk's Office City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 `c) ©ATE: ,i NAME: 44 v4 i 1 LCA PHONE. `) g4 LI ADDRESS: 3fl$ E*r5'r C,44,-4�L �Lice BUSINESS ADDRESS: 3cftye COW+�o fttw\- r—L 341-91-0 BUSINESS PHONE: 3zI - 'i'8 -Sbq PLEASE COMPLETE THE FOLLOWING: ITEMS(S) TO BE CONSIDERED: �� 1� S yam' F i� N - C41 CCU "`k PERTINENT FACTS CONCERNING I EMS(S): (PLEASE ATTACH APPLICABLE DOCUMENTS) 4or-A DESIRED ACTION BY CITY COUNCIL: I S IS 4 6 I• G '-vo C� Signed by:.. �' C '10 Aty of Cape Canaveral Community Development Department Date: August 26, 2010 To: David Green, City Manager From: Dtiree Alexander, Acting Secretary, Planning & Zoning Board Through: Bea McNeely, Vice Chairperson, Planning & Zoning Board Re: Recommendation to City Council Assisted Living Facility as an Allowed Use On August 25, 2010, staff presented the Planning and Zoning Board with information to support a discussion as to whether an "Assisted Living Facility" should be made an allowable use withintlie City of Cape Canaveral.. After consideration of the information presented, the Plamiing mid Zoning Board unanimously agreed to make the following recornmendation to the City Council: The Planning and Zoning Board. would like the City Council to direct staff to prepare the research to allow an Assisted Living Facility in Cape Canaveral. 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building L, Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1.247 w-%vw.cityofcvipeca,iaveral.org - email: ccapecanaveral@cErr.com