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Packet 06-15-2010 Regular
C 4 a of Cape Canaveral CITY COUNCIL MEETING qAVERAL LIBRARY MEETING ROOM 201 Polk Avenue 121Z �' i REPORTS: 7:10 p.m. — 7:45 p.m. Emu= M 745 p.m. — 8.-00 p. m. Tuesday June 15, 2010 7:00 PM I r,. . I. -NN Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue * Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.city(.)fcapecaiiaveral.org - ernaih ccapecanaveral@d.mcorn City of Cape Canaveral, Florida June 15, 2010 Page 2 of NIPPON I! N INIRMI � Ip l��� I 2. Approve the Contract for David L. Greene as City Manager of the City of Cape Canaveral. C1. Approve Resolution No. 2010-09- Appointing a First Alternate Member 217 a Regular Member and a Second Alternate Member as a First Alternate Member to the Recreation Board (Di. Raymond and C. Hale). I Approve proposed storm water improvement repairs to the City right-of- way located at 81 1i6 Presidential Court and award contract for repair to Atlantic Development of Cocoa, Inc. CONSIDERATION/DISCUSSI�ON: 8.- 05 p�. m. — 9.-30 p. m. 5. Discussion and necessary action related to Bid No. 2010-01 submittals for Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch: July 1, 2010 e 30, 2010. 6. Discussion and necessary action related to designation of one (1) City Official to be the voting delegate and to attend the Florida League of Citiles'84 th Annual Conference in Hollywood, Florida on August 1 9th through the 2 oth 20,10. 7. (a) Approve Resolution No. 2010i-10; Amending the Existing Sick Leave Policy in Section 11 of the City of Cape Canaveral, Florida, Personnel Rules, and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations, ProvidIing for Repeal of Prior Inconsistent Resolutions, Severabili�ty, and an Effective Date. (b) Approve Resolution No. 2010-11 -, Amending the Existing Annual Leave Policy in Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations,- Providing for Repeal of" Pri Inconsistent Resolutions, Severability, and an Effective Date. I REPORTS: 9��-30 p 0:0,0: pi. m. City ofCape Canaveral, Florida June 15, 2010 Page 3 of 3) Pursuant toSection 280.O1O5'Florida Statutes, the City hereby advises the public that Noperson decides toappeal any decision made bwthe City Council with respect toany matter considered et this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal istobe, based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law, Persons with disabilities needing assistance toparticipate imany ofthese proceedings should contact the City Clerk's office (8G8-1231)48hours inadvance ofthe meeting. CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY March 16, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Council Members Absent: Mayor Pro Tem Buzz Petsos Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriffs Department Commander Alan Moros PRESENTATIONS: Certificate of Appreciation -- Richard and Melanie Evans Recreation Director Robert Lefever presented Rick and Melanie Evans with a plaque from the City for their generous donation to the Parks and Recreation Department. The City Council expressed thanks to Mr. and Mrs. Evans. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 2 of 7 Brevard County Sheriff's Department— Recognition of Deputies of the Month Lieutenant Mike Demorat introduced the Brevard County Sheriff's Office February Deputies of the Month, Agent John Jennings and Corporal Michael Mazzone, and recognized their team effort. The City Council expressed thanks to the deputies. BOARD INTERVIEW: Recreation Board — Chris Hale City Attorney Anthony Garganese addressed Recreation Board applicant Chris Hale who confirmed the information in his application was true and correct. Mr. Hale explained the reason for his interest in serving on the Board. The Council welcomed Mr. Hale back to the board and expressed their thanks to him for volunteering again. REPORTS - Mayor Randels prefaced the Reports portion of the agenda by stating Mayor Pro Tem Petsos requested, in a handout distributed prior, his desire.for Council to consider his thoughts on all agenda items. Recreation Department • Mr. Lefever reported the Friday Fest Street Party on March 5, 2010 brought close to 499 people in attendance and a little over $1200 in revenue; approximately 400 people attended the Spring Festival and Vendor Expo on Saturday, March 13, 2010 and he expressed thanks to the Recreation Department Staff, Building Official Todd Morley, Waste Pro and the Sheriffs Department for the teamwork. He announced the Movie in the Park for Friday, March 19, 2010 at Manatee Sanctuary Park. Public Works Department • Public Works Director Walter Bandish updated Council on the paving at Washington Avenue, Church Lane and Columbia Drive and installation of the emergency back-up generator is almost finished on Central Avenue. • Mr. Bandish confirmed the sidewalk between the City and Port Canaveral, near the overpass, will likely be finished in two weeks. Mayor Randels commented the Port is funding the project 100%. • Public Works Assistant Director Jeff Ratliff reported Space Coast Area Transit (SCAT) is still reviewing the bids for contracting installation of the City bus shelters. City Historian • Ray Osborne announced the History Channel recently listed Cape Canaveral as one of the top most visited historic sites; regarding the Historical Marker project, City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 3 of 7 Mr. Osborne reported his attendance at the Beautification Board meeting and upcoming meetings with the Community Appearance Board and the Business and Cultural Development Board the log cabin on Oak Lane and the Artesia post office. Discussion ensued and included additional uses for the properties, bicycle paths to connect the historical locations, the Moon Hut historic marker, ancient Indian peoples who lived in the area, 1513 Celebration coming up in south Brevard County and the Federal Tourism Bill. Business and Cultural Development Board • Chairperson Joanne Muncey reminded Council of the March 27 and 28, 2010, 4th Annual Images in Art event at Manatee Sanctuary Park. • Board Member Dianne Marcum reported, as directed by the City Council, the Board's recommendations regarding funding of the City's expenditures for the International Art of Sand event. Ms. Marcum informed the City Council the Brevard Cultural Alliance (BCA) will be surveying all of the guests that visited the event and they will compile post event analysis to share with the City. She explained the Board feels the City should think of the event as an investment and recommended the following: 1) the City Council should agree to provide the funds; 2) have the City Manager provide one staff person to provide 24 hour logistical support for the Art of Sand and the Images in Art Festival as well; 3) use City signs; 4) have the Mayor issue a press release and proclamation of welcome and best wishes; host a low cost, informal event at Manatee Park on Friday, March 26, 2010. Discussion ensued and included public health and safety issues such as signage, traffic and parking. Council consensus was reached to revisit signage if deemed necessary, for the Mayor to issue a press release and for the Mayor to issue a proclamation. AUDIENCE TO BE HEARD: Ray Osborne, 209 Holman Road, inquired about the Council's opinion regarding a hotel bedroom tax for city tourist revenue. Attorney Garganese clarified such a tax is under county jurisdiction. Joyce Hamilton, 110 Jefferson Street, inquired if the Council decided yes or no on the event previously,discussed for Friday, March 26, 2010. Ms. Apperson replied that she did not record that as a consensus from the Council to move forward on that item. She also stated Council would need to agree to allocation of funding. Discussion ensued and included the budgeting of this item based on an allocation, estimating how much the event would cost based on the number of guests to be invited, that being around 200 people; serving only light refreshments and snacks Mr. Lefever offered his services to lead the planning of the event. A motion was made by Mr. Hoog and seconded by Mr. Randels to approve taking up to $500.00 out of the City Reserves and host a low cost, informal sunset event for the Art of Sand artists. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 4 of 7 Ms. Walsh suggested the City of Cocoa Beach help to fund the security expenditures for the Art of Sand event since the City of Cape Canaveral helped fund the fireworks for their July 4th celebrations last year. Council reached consensus for the Mayor to approach the City of Cocoa Beach and ask their Commission for funding. John Porter, 315 Holman Road, inquired about the status of the Visioning Committee. Ms. Apperson confirmed the committee has not been formally sun -set and the committee can expect some tasks coming their way after April. John Johanson, 607 Manatee Bay Drive, expressed his opinion about comments made at the last City Council meeting regarding the Art of Sand event, the BCA and the Valiant Air Command, recommending the Council support making amends to the BCA. CONSENT AGENDA: 1. Approve Resolution No. 2010-04; Appointing a Second Alternate Member to the Recreation Board (C. Hale). 2. Approve Special Alcohol Exemption Permit for American Legion Post #348 Annual Picnic; Manatee Sanctuary Park March 20, 2010. 3. Approve 2010 Ocean Lifeguard Agreement for $18,721.00. 4. Approve Fee Waiver and Special Alcohol Exemption Permit for Friday Fest, April 2, 2010. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve the four Consent Agenda Items. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 5. Review and Approve Proposed Project Schedule regarding Preparation and Events for City Manager Finalist Interviews. Mayor Randels read Mayor Pro Tem Buzz Petsos' comment that he "supports the scheduled city manager dates as presented". Discussion ensued and included possible meeting dates and times regarding the proposed project schedule and the Strategic Planning Workshop Meetings (formerly Goals and Objectives Workshop). Council reached consensus to approve the suggested schedule for city manager hiring events, to cancel the 4:30 p.m. meeting for strategic planning on April 6th, 2010, to schedule a 5:30 p.m. meeting for April 13, 2010 for strategic planning and to hand out staff s proposal for the strategic plan at the April 6, 2010 City Council City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 5 of 7 Meeting. Discussion ensued and included the schedule for the day of Saturday, April 17, 2010 and appropriate times for soliciting community feedback. A motion was made by Mr. Hoog and seconded by Mayor Randels to approve April 6, 2010 through April 20, 2010 for city manager as scheduled. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 6. Review and Approve Change in Solid Waste Pick Up Schedule — Waste Pro USA, Contractor. Platt Loftis and Ted Ogelsby, representatives of Waste Pro, USA, addressed the Council and explained the reason for the Company's request to make changes in the solid waste schedule. Discussion ensued and included inefficiencies in the way the current schedule has been run and the proposal to spread out pick-ups evenly Monday through Friday; Waste Management's previous process; rear loaders and side-arm loaders; flyers to be handed out door-to-door; creating two small zones to even out these routes; condominium services to remain the same; wear and tear on the City streets; safety issues with large numbers of people on the streets on Saturdays; e - waste pick up would remain the same; clarification on residential versus commercial pick up; the benefits of having recycling picked up two days a. week. Council reached consensus to bring back this item at the. April 20, 2010 City Council Meeting 7. Ridgewood Avenue Improvements Project: (a) Northward extension of Project toward Ocean Woods. (b) Change Order # 1 Public Works Assistant Director Jeff Ratliff specified the four proposed options for Council to consider regarding the extension of the Ridgewood Avenue project northward to the Ocean Woods, subdivision. Discussion ensued and included obtaining an easement, risk management, pros and cons of tree removal on the West side. A motion was made by Mr. Hoog and seconded by Ms. Roberts to approve Option 3 (replace the existing sidewalk and pavement, put back what is already there and obtain an easement to construct a pedway along the west side of the roadway). The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mr. Ratliff continued on with the request for approval of Change Order No 1. Discussion involved the Ridgewood Budget Summary as revised and handed out previously; the formal process to amend the contracts; the grant being limited to $250,000 and only covering 36 lights, the City will have to pay for the other 24 not included in this change order; monitoring costs closely, loss of 2 days of work from rain but still within budget. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Change Order No. 1. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 6 of 7 8. Review and Approve Citizen's Request to Repair Deteriorated Trusses and Roof at Neighboring Quad-plex Unit, Address 8740 Croton Court, Ocean Woods subdivision. Building Official Todd Morley explained the nature of the request for the City to fund the repairs of this one unit. Ms. Sharon Harrell, the adjoining neighborlhomeowner, shared detailed information about the steps she and her husband have taken with the City, the homeowners' association, her insurance company and Chase Home. Finance, LLC (the mortgage holder of the vacant unit) to try and resolve the problem and the results of her actions. Discussion ensued and included how the condition of the roof has now led to the formation of black mold; steps taken to put a lien against the property by the Code Enforcement Board; researching how to obtain neighborhood stabilization funds, other possible steps the City can take and the legal procedural hurdles involved if the City were to try to abate the problem. A motion was made by Mr. Hoog and seconded by Ms. Walsh to extend the meeting to 10:30 p.m. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City Attorney An Garganese advised Council the letter dated March 11, 2010 to the mortgage holder by Mr. and Mrs. Harrell's attorney needs to take its course and there is no need for the City to send any other notice to that mortgage holder. Council reached consensus for staff to research neighborhood stabilization funds and schedule an update on the April 6, 2090 City Council meeting for any further action. 9. Review and Approve Removal of a Specimen Tree at 402 Jackson Avenue. Mr. Morley explained the request and recommended removal of the tree. A motion was made by Mayor Randels and seconded by Mr. Hoog to approve removal of the tree. Discussion took place regarding the Gumbo Limbo tree and how the City will not be responsible for its removal -The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 10. Review and Approve Process to Establish a Community Redevelopment Agency as requested by the Business and Cultural Development Board. The process to establish a Community Redevelopment Agency, a CRA, was presented by Planning and Development Director Barry Brown and he requested Council give staff direction to go to the Brevard County Commission for approval to move forward with the creation of a CRA. Discussion ensued and included the tasks and the timeline presented on a flow chart to accomplish the creation of a CRA, how 75 days would be a realistic amount- of time to prepare to present to the County, the variables and other parties involved after that task is done. A motion was made by Ms. Roberts and seconded by Ms. Walsh to move forward with the creation of a CRA. Discussion ensued and included increases in property values and ad valorem taxes the City City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2010 Page 7 of 7 imposes for library, beautification, police and fire protection; assessments and how the funds flow into the CRA and reimbursements to the City. A motion was made by Ms. Walsh and seconded by Ms. Roberts to extend the meeting an additional 5 minutes. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. The motion to move forward with the creation of a CRA carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 9:00 p.m. -- 9:30 p.m. 11. Motion to Adopt: Ordinance No. 03-2010, Amending Chapter 98, Subdivisions, of the Cape Canaveral Code of Ordinances related to'Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Ordinances and Resolutions; Incorporation into the Code; Severability; and an effective date, at second reading. Attorney Garganese read the title of the ordinance. A motion was made by Ms. Roberts and seconded by Mr. Hoog to adopt Ordinance No. 03-2070 at second reading. The motion carried'4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. There being no further business, the Meeting adjourned at 10:33 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/1512010 Item No. 01, Subject: Approve the Contract for David L. Greene as City Manager of the City of Cape Canaveral. Department: Legislative Summary: The City Council selected David L. Green as the new City Manager of the City at the May 18, 2010 Regular City Council Meeting. At the June 1, 2010 City Council meeting, a motion passed to offer Mr. Greene an annual salary of $99,600, a $350 per month car allowance and a performance review after 6 months employment. At the time of this publication, the contract document has not been forwarded. We will send it to you as soon as possible. Requested Council Action: Approval Financial Impact: To be determined. Attachments: None at the time. Submitting Department Head: City Clerk's Office Date: 6-4-10 Approved by Acting City Manager: Ct.,Ie vG-\e�opx� Date: 61S%/, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/15/2010 Item No. 3 Subject: Approve Resolution No. 2010-09; Appointing a First Alternate Member as a Regular Member and a Second Alternate Member as a First Alternate Member to the Recreation Board (D. Raymond and C. Hale). Department: Legislative Summary: The resignation of Board Member Eileen Kandret, created the need to appoint Douglas Raymond up to the Regular Member position and Chris Hale up to the position of First Alternate Member. There is now a vacancy on the Recreation Board for a Second Alternate Member. Requested Council Action: Approval Financial Impact: N/A Attachments: Draft Res. No. 2010-09; Copies of Thank you letter and Certificate of Appreciation to Ms. Kandret.; and Ms. Kandret's resignation e-mail. Submitting Department Head: Robert Lefever Date: 6/1/2010 Approved by City Manager: C ,r,D Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-09 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A FIRST ALTERNATE MEMBER TO A REGULAR MEMBER AND A SECOND ALTERNATE MEMBER AS A FIRST ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member and a First Alternate Member of said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Doup_Ias Raymond is hereby appointed as a Regular Member and Chris Hale is hereby appointed as a First Alternate Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of June, 2010. ATTEST: Rocky Randels, Mayor Name For Against Mia Goforth, Acting City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney May 18, 2010 Eileen Kandret 200 International Drive, #510 Cape Canaveral, FL 32920 Dear Ms. Kandret: City of Cape Canaveral Thank you for your committed membership on the Cape Canaveral Recreation Board. Enclosed is a Certificate of Appreciation noting your dedicated Service to the Board. The City appreciates your willingness to have served on this Board. It is through the dedicated efforts of volunteers such as yourself that the City can continue to strive toward its mission of a "safe, clean beach -side community." Sincerely, 6 awl-, Angie Apperson Acting City Manager Enclosure 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com A ;Z! A ,o v° co ct U14 O Z>U� C)ct N W u U cn75 Mia Goforth From: Mia Goforth Sent: Tuesday, May 18, 2010 11:56 AM To: Robert LeFever Cc: 'Angela Apperson' Subject: FW: Rec board Robert, I will have a letter and a certificate ready for you to present to her for that meeting. Ok? Mia From: Mia Goforth Sent: Tuesday, May 18, 2010 10:49 AM To. Robert LeFever Cc: Clerks Office; Angela Apperson Subject: RE: Rec board Thank you. From: Robert LeFever [mailto:R.LeFever@cityofcapecanaveral.org] Sent: Tuesday, May 18, 2010 10:41 AM To: clerksoffice@cfl.rr.com Cc. Angela Apperson Subject: FW: Rec board Mia, Please accept the attached portion of this e-mail as Eileen Kandret's resignation from the Recreation Board. Thanks, PLEASE NOTE MY NEW E-MAIL ADDRESS: r.lefever(�-)cityofcapecanaveral.org Robert Lefever Parks & Recreation Director 7300 N. Atlantic Avenue Cape Canaveral, FL. 32920 321-868-1226 r.lefever(u�citvofcanecanaveral.or www.cityofeapecanaveral.org From: Eileen Kandret [mailto:erosekan136@cfl.rr.com] Sent: Tuesday, May 18, 2010 7:41 AM To: Robert LeFever Subject: Rec board Good morning, Robert, 1 I received the email packet and will see you next Tuesday. I need to let you know that this will be my last board meeting. I have just returned from Cape Cod where I interviewed for a new job that I will start later this summer. I'll be moving from Cape Canaveral by the end of July. Being on the Recreation Board has been important to me and I have felt privaledged to be part of the decisions made for my city. The Recreation Dept, under your direction, has improved it's services and the new programs such as Movies in the Park, Friday Fest, etc... have added much to make Cape Canaveral a better place to live. Sincerely, Eileen Kandret Please let me know if there is anyone else at the City that I need to inform of my resignation from the board. Thanks. City • ' Cape City Council Agenda Form City Council Meeting Date: June 15, 2010 Item No, 4 Subject: 8106 Presidential Street — Stormwater Improvements Department: Public Works Summary: The City of Cape Canaveral (City) signed an agreement with the property owner at 661 Adams Avenue (now 8106 Presidential Court) in 1992 to perfonn stormwater improvements along Presidential Drive (fonnerly Adams Avenue). The property at that location experienced flooding of the driveway and garage during rainstorm events. However, for whatever reason, the work was never completed. The current property owner has now requested that the stormwater improvements be performed. Since 1992, paving activities performed on Presidential Court may have exacerbated the stonnwater issues. Survey data collected of the roadway surface indicates that stormwater "Pools" in front of the driveway at 8106 Presidential Court — and eventually overflows the asphalt "bump" (installed by the City) in front of the driveway and floods the driveway and garage. Therefore, to alleviate some of the flooding, the City's stonnwater contractor has recommended (1) the construction of a perforated pipe/drain system in the roadway immediately adjacent to the existing asphalt "bump" and (2) replacement/improvement of the existing asphalt "bump" adjacent to the roadway (see Attachment 1). The perforated pipe to be installed under the roadway will be 12 -inches in diameter — the surface drain for the pipe will be 3 -inches in width and will front the entire driveway (approximately 40 feet). This work will be performed in the City right-of-way — work will NOT be required on private property. Completion of this work will alleviate flooding from some rainfall events — but this may not alleviate flooding from heavier rainfall events. Requested Council Action: City Council approval of the proposed repairs and the approval of the work to Atlantic Development of Cocoa, Inc. (Atlantic) in the amount of $6,344.50 (see Attachment 2). In addition, the Temporary Construction Easement & Hold Harmless Agreement previously signed by the City and the resident is no longer required since work will not be required on private property (see Attachment 3). Financial Impact: This is a non -budgeted item — funds are available in the City's Stormwater Fund (403) — a budget transfer will be required. City staff recommends approval of Atlantic's cost estimate of $6,344.50 (see Attachment 1) under the Continuing Services Contract. Attachments: Supporting Documents Reviewed 1). Attaclunent 1 — Contractor Cost Estimate 2). Attachment 2 - Current Photographs 3). Attachment 3 — New Hold Harmless Agreement Submitting Department Head: Date: mid S Approved by��ity�_Manager: � y"�-� Date: Aet City Council Actiork Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment 1 Current Photographs AWN RAT =r N Y y 7 Cw i t .� , yv%y Y` j l: VrY^ L RE h d 6 x Attachment 2 Contractor Cost Estimate 05/27/2010 11:24 May 27, 2010 3216323655 ATLANTIC ATLANTIC DEVELOPMENT of COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 City of Cape Canaveral 600 Thrum Blvd Cape Canaveral, FL 32920 Re: Presidential Court Driveway Drain, ADC 10-153 Attn: Jeff Ratliff Jeff, We are pleased to provide you with a quote to furnish all labor, equipment, materials and supervision to complete the above referenced project. Please review the following for a cost breakdown. *MOT $ 250.00 *Sawcut Asphalt S 120.00 "`Remove Asphalt $ 450.00 *12 ADS Duraslot $4,232.00 *6" Concrete $ 832.50 *2„x12" Asphalt Curb $ 460.00 TOTAL $6,344.50 If you have any questions or concerns, please contact our office at your earliest convenience. Respe tfully, m Moore (antic Development of Cocoa, Inc. JM:djt Cc: file G:%ADC JDBABIDS OPcMiD•157 CAPF, Ci NAVERAL PRESIOF.NTIAL COURTl10.M Rev T • Cape Canaveral • Pr'Mdrn[[,)I Court Drlvcway ©rMtir,da[ PAGE 02/02 DURASLOTO Surface Drain Specification DURASLOT Surface Drains shall be manufactured from corrugated polyethylene pipe with a smooth interior wall, pipe and fittings conforming to AASHTO M252 and/or M294. A grate frame, that forms a slot, shall be mounted in the pipe so as to provide a linear inlet into the top of the pipe to collect surface runoff. The slot shall be manufactured from .063 tempered commercial aluminum and shall have two parallel plates separated by vertical spacers spanning the slot on 6" centers. The grating within the slot opening shall be % - #1.3 galvanized steel. The slot shall be coated with a primer to protect the aluminum when installed in concrete. The flange at the bottom of the slot shall be riveted to the pipe with a minimum of two rivets per linear foot. The pipe shall have a section removed to accept the slot so as to maintain the original diameter, providing ease in transition to conventional systems (see DURASLOT Fittings). Sizes and dimensions shall conform to the information on the DURASLOT Physical Dimensions worksheets for the pipe diameter and slot height specified.. Grat Section of pipe removed to — accept the slot �- 112 - #13 Galvanized Grate ger Corrugated �� HDPE Pipe "URASLOTODimensions SLOT I4EIG14T 2�"Slot Shown with 2 —#13 Galvanized Grating PIPE DIAMETER I H (Notuinal 22" slot) H (Nominal G" slot) IV ' l' 0 S 6„ 3„ (S) 62„ i) 1,> l4„ 1 2z„ 3„ 3„ (S) (S) 8„ 13 21„ 12" 31„ (S) '7" (S) 1$„ �„ l�„ � 21„ Dimension from glade to pipe invert: H' ( actual slot height) + PIPE DIAMETER + RECESS (41"-A") (S) = Stock Sizes (0) = Other Standard Sizes (N) = Available, Non—Standard Sizes DURASLOT Surface Drains are made from a flexible conduit, which is designed to attain its structural strength utilizing ring compression derived from soil pressure. For this to occur, a minimum height of cover is required. Since this is not possible, the drain must be backfilled with concrete to allow it to accept vehicular traffic. This is true of any pipe with an inlet mounted on top to form this type of surface drain. The pipe cannot function in the manner for which it was designed when it is installed this close to the surface. The concrete -filled trench provides the actual structure for this type of design. Following are some of the most often utilized installation details for DURASLOT surface drains. (A) Heavy Traffic - completely surrounded by concrete for critical Ioading applications. This would include frequent high-speed H-20 traffic, such as a highway. The dimensions 'S' and'B' are generally 3" to 6" depending on the specific conditions for the project (design layout, traffic patterns, soil properties, etc.) HEAVY TRAFFIC' CONDITION (B) Moderate Traffic - surrounded by concrete to below the center of the pipe. This type of installation has been used when traffic loads are not as heavy (i.e., retail parking lots, against curbs, etc.). The soil below the pipe and concrete must be high quality and well compacted. a ASPHALT S GRANULAR SOIL COMPACTED TO 95% MODIFIED PROCTOR MODERATE TRAFFIC CONDITION (C) Residential / Pedestrian Applications — concrete, asphalt, or soil concrete slab at grade. For non -vehicular installations (patios, sidewalks, against foundations, and landscaping projects) there still must be a surface adjoining the slot which will not erode where stormwater flows into the slotted inlet. CONCRETE i PAVERS II- WALKWAY GRANULAR SOIL COMPACTED TO 95% MODIFIED PROCTOR PAVERS RESIDENTIAL/PEDESTRIAN CONDITION (D) Perforated Pipe for Stonnwater Recharge — concrete down to below the springline. Pipe perforated in the bottom quadrant set in a filter fabric lined and stone -filled trench to allow surface drainage to recharge into the ground water. For moderate or light traffic only. PERFORATED SLOTTED PIPE ASPHALT STORMWATER RECHARGE CONDITION 71 �- CONCRETE FILTER FABRIC _ "f `�'"� LI\ED ��i 1 STONE PILLED . TRENCH GRANULAR SOIL E CONNIPACTED TO 95% MODIFIED PROCTOR-/ ��-�i3 117- STORMWATER RECHARGE CONDITION n MV4005t - 171 Q � � U d- c� O c � 000�00� cn aaa,�aax O E ^ 1-1'i •--� a U M C .cz �1 cd � � Q � a a � O HEHH�%HH � 000�00� aaa,�aax Attachment 3 New Hold Harmless Agreement TEMPORARY CONSTRUCTION EASEMENT &. HOLD ESS AGREEMENT THIS TEMPORARY CONSTRUCUON EASEMENT & HOLD £ARMLESS AGREEMENT ("Agreement") is made this 1 $'day of March, 2010 by and between John C. Anderson & Margarets`. Megee,husband and We ("Owners"), and the City of Cape Canaveral, a Florida municipal corporation ("the City"). WHEREAS, Owners are the current fee simple owners ofthereal property generally located at 8106 Presidential Court, Cape Canaveral, Florida ("the Property); and WHEREAS, the City has agreed to construct and install a french drain system on the Property in order to accommodate stormwater nmoff from the Properly, and WHEREAS, during the construction and installation of the french drain system, it will be necessary to use and occupy a small portion of the Property immediately adjacent to Presidential Court; and WHEREAS, Owners desire to grant the City a temporary construction easement during the construction of the french drain system on. the Property; and WHEREAS, Owners and the City desire to memorialize the terms and conditions of their agreement as set forth herein. NOW THEREFORE, in considerationofthe mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by both parties hereto by their execution of this Agreement, the parties hereby agree as follows: 1.0 Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference. 2.0 TeMoraly Construction Easement, 2.1 Grant of Easement. Owners hereby voluntarily grant and convey to the City and its duly authorized contractors, subject to any previous and duly recorded easements or grants of record, a non-exclusive, temporary construction easement over, through , and across the Property for the benefit and purpose of constructing and installing a french drain system on the Property, along with all related attachments, equipment and appurtenances (collectively, "Drain") to accommodate stormwater runoff from the Property. 2.2 Termination ofEasement. The temporary construction easement shall automatically terminate upon the completion of the construction of the Drain. 2.3 Restoration of the .Property. Prior to termination of the temporary construction easement, the City shall ensure that the Property is restored to its original condition, but for the construction and installation ofthe Drain as authorized hereunder and any ordinarywear and tear caused by said construction and installation. 3.0 a' tenanee of Drain. Upon the City's completion of constructing and installing the Drain, the repair and maintenance of the Drain shall be the sole responsibility of Owners and the City shall have no fin Cher repair and maintenance responsibility for the Drain. 4.0 Release and Hold Harmless. In consideration of the material benefit to the Property that will arise from the constructuion and installation of the Drain, Owners and owners' heirs, administrators, executors and assigns ("Owners et al"), herebyforever release andholdbarmless the City from all claims or demands which Owners et al may have or hereafter acquire against the City by reason or on account of any injury or property damage sustained of any nature whatsoever, on account of the construction and installation of the Drain. Owners et al additionally hereby forever release and hold harmless the City from any injury sustained to the Property or any improvement thereon, of any nature whatsoever, occurring prior to City's construction and installation of the Drain. 5.0 Re mentations. The undersigned signatories each represent and warrant for themselves and their respective agencies, that they have the full power and authority to execute this Agreement on behalf of their respective agency. Further, that upon execution by them, this Agreement shall constitute a valid and binding obligation on their respective agency. 6.0 ©thin contained in Notwithstanding any other provision set forth in this Agreement, g in this Agreement shall be construed as a waiver of the City's right to sovereign irninun. under section.768,28, Florida Statates, or other limitations imposed on the City'spotential liability under state or Federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sura of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 7.0 Governing Law and V nue. This Agreement shall be governed by the laws ofthe State of Florida. Venue for all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the easement is in Brevard County, Florida. 8.0 Alt e 's Fees. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear their respective legal fees and costs. 2 W WITNESS WEE, RFOF, the patties have set theirhands and seals hereto on the day and year first above written, Witnesses: STATE OF FLORIDA COUNTY OF BREVARD OWNER: �U`e 496d,.", Ahn C. Anderson The foregoing instrument was acknowledged and executed before e, this 1 �� d mritay of - AE to R , 2010 by John C. Anderson, who is _u gersonaily known to me or who produced as identification. ,aJ.,d,El11t1.APPEfIS4N COMMIS$ION IDD 52$4113 ,, EXPIRES Aps413, 2410 Dorml?�uHoWyP �^ Witnesses: STATE OF FLORIDA COUNTY OF BREVARD ��� My C inmission Exp res: ►3 t s� '01,Ty L' %f The foregoing instrument was acknowledged and executed before me, this�'LL of a 2410 by Margaret F. Megee, who is jZfersonaliy known to me or who produced as identification. My COMMISSION 9 D05M3 w.. E.XPIRES'AAnlis-SiO M C mmissionE Aires: y ,� %t0 �yPglXdaswd y CITY: The Citgo of Cape Canaveral, Florida aa � 6q��4' A-uge a Appers©n, Acftg City Manager Aftest: mi oiarth, A d City Clerk CITE' SEAL: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 15, 2010 Item No. 5 - Subject: Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations And Mowing/Slope Mowing of the Central Ditch: July 1, 2090 — June 30, 2019 Department: Public Works Summary: The bids for this contract are currently being reviewed. City staff will provide information and a contractor recommendation several days prior to the City Council meeting. These services are currently provided to the City by Nick's Lawn Service on a monthly basis (May and June only). Requested Council Action: Discuss bid submittals, review City staff recommendation, and select a contractor for the next year of service - contract period will be for July 1, 2010 through June 30, 2011. Financial Impact: Funds provided from (1) Beautification Fund, (2) Wastewater Fund, and (3) Stormwater Utility. Attachments: Supporting Documents Reviewed: 1). Bid Tally Sheet 2). Mowing Bid Review (incomplete) Submitting Department Head:ry'Z Date: Approved byity Manager: n Date: /V City Council Actio : [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain � O CD CD OC• o o rn Qo v 00 ri 0 00 00 v� M N b4 Qi ,n_ N 110 64 N 64 69 00 69 O O N G� cu h W •' � a cd o � �' ^C CC �C� V O O � H AQ c •nil Irl U V] M FSI a Q V Q cz 0 rn z a H (In ?� z b�A a �1 as a a y U z a a COO w V wx �a w w w� ad a w TO: Municipal Key Official U FROM: Michael Sittig, Executive Director ,BARU# it SUBference — Creating Community in Tough Times VOTING DELEGATE AND RESOLUTION INFORMATION August 19-21, 2010 - Westin Diplomat Resort, Hollywood As you know, the Florida League of Cities' Annual Conference will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21. This year we are celebrating Creating Community iia; .Tough Times which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League Will use the Estimates of Population from the University of Florida.for 2009. Registration materials have already been sent to each municipality. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701-3602 or (800) 616,-1513, extension 3602. Proposed resolutions must be received by the League no later than July 13, 2010. If you have any questions on voting delegates, please call Gail Der marl at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than July 30, 2010. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President John Marks, Mayor,"Fallahassee First Vice President .'Icer Cooper, Mayor, Hallandale Beach * Second Vice President Patricia I Eates, Mayor, Altamonte Springs Execuffve Director Michael Sittig e General Counsel Harry Morrison, Jr. 84th Annual Conference Florida League of Cities, Inc. August 19-21, 2010 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting DeleLyate Name of Voting Delegate: Title: Municipality of. AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1.757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 84th Annual Conference Westin Diplomat Resort Hollywood, Florida August 19-21, 2010 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 13, 2010, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates May 28, 2010 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 18 Appointment of Resolutions Conunittee Members July 13 Deadline for Submitting Resolutions to the League office August 19 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 21 Immediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 15, 2010 Item No. 7, �- 6 Subject: Approve Resolution No. 2010-10; Amending the Existing Sick Leave Policy in Section 11 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. Approve Resolution No. 2010-11; Amending the Existing Annual Leave Policy in Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations; Providing for Incorporation into the Cape Canaveral Personnel Rules and Regulations; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. Department: Administration Summary: At the May 18, 2010 Regular Meeting, this item was discussed and direction was given for the City Attorney's Office and the Acting City Manager to further investigate. Resolutions have been prepared by the City Attorney's office for your consideration. We have also included new spreadsheets for each item. We have expanded the spreadsheet for annual leave to include additional columns depicting accruals and usage needed to comply with the proposed Resolution. As you will see on the spreadsheet, the time employees need to take varies from 5.664 weeks to 11.998 weeks. Considering the small staff and the negative impacts to the city to have an employee off for up to 12 weeks, I have provided an optional resolution that would allow for the payout of the annual leave which is over the allowed accrual. If payout is still not an option Council wants to consider at this time, I urge you to consider a payout of time still on the books in Sept. 2011, if a good faith effort has been made to use the accrued time, but due to staffing needs the employee wasn't able to use all of the accrued time. Requested Council Action: Request Council provide direction Financial Impact: Fiscal impact is dependent upon the direction provided. Attachments: Resolutions and spreadsheets. Submitting Department Head: NIA Date: Approved by Acting City Manager: GL•r Date: 618!90 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING SICK LEAVE POLICY IN SECTION 11 OF THE CITY OF CAPE CANAVERAL, FLORIDA PERSONNEL RULES AND REGULATIONS; PROVIDING FOR INCORPORATION INTO THE CAPE CANAVERAL PERSONNEL RULES AND REGULATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council, pursuant to Ordinance No. 29-98, has adopted Personnel Rules and Regulations for employees of the City of Cape Canaveral; and WHEREAS, the City Council, in Section 11 of the Personnel Rules and Regulations, sets forth policies for sick leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council desires to implement the revisions set forth in this Resolution regarding sick leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council deems that this Resolution is in the best interest of the citizens of the City of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated into this Resolution and are deemed a material part of this Resolution. Section 2. Amendment of Existing Sick Leave Policies. The Cape Canaveral City Council hereby amends the existing Sick Leave Policy set forth in Chapter 11 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations, by adding the following language to Section 11.06A: City employees are allowed to accrue up to 720 hours of sick leave. Employees may not accrue any additional sick leave beyond the 720 hours. Any sick leave beyond the 720 hours that was accrued prior to adoption of this Resolution will be forfeited. Management in certain circumstances in the past may have allowed employees to accumulate more than the maximum 720 hours of sick leave. However, the City Council adopts this Resolution to expressly provide that Section 11.06A prohibits employees from accruing more than 720 hours of sick leave, and to ensure that the written policy of Section 11.06A supersedes any informal policy or practice that may have allowed employees to exceed the 720 hours in the past. It is the intent of this Resolution to ensure that Section 11.06A is applied to all City employees. (The underlined type indicates additions to Section 11.06A). The remainder of the language of Section 11.06A will remain unchanged from the language existing prior to the adoption of this Resolution. City of Cape Canaveral Resolution 2010-10 Page 1 of 2 Section 3. Incorporation into the Personnel Rules and Regulations. The additional language set forth in Section 2 shall be incorporated into Section 11.06A of the City of Cape Canaveral, Florida, Personnel Rules and Regulations. Any section or paragraph number or letter and any heading may be modified as necessary to effectuate the change. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. RESOLVED by the City Council of the City of Cape Canaveral, Florida, this day of June, 2010. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog MIA GOFORTH, Acting City Clerk Buzz Petsos 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 City of Cape Canaveral Resolution 2010-I0 Page 2 of 2 Employee Accruals as of 6/2/10 Sick Leave Employee # Dept Accrued Over 720 hour limit 1061 10 1313 593 1102 10 822.5 102.5 HS on Contract ick Leave Over 400. Employee # Dept Accrued : hour limit 1106 7 581.5 181.5 1107 7 570.38: 170.38 1045 10 719 319 RESOLUTION NO. 2010-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING ANNUAL LEAVE POLICY IN SECTION 9.04 OF THE CITY OF CAPE CANAVERAL, FLORIDA PERSONNEL RULES AND REGULATIONS; PROVIDING FOR INCORPORATION INTO THE CAPE CANAVERAL PERSONNEL RULES AND REGULATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council, pursuant to Ordinance No. 29-98, has adopted Personnel Rules and Regulations for employees of the City of Cape Canaveral; and WHEREAS, the City Council, in Section 9 of the Personnel Rules and Regulations, sets forth policies for annual leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council desires to implement the revisions set forth in this Resolution regarding annual leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council deems that this Resolution is in the best interest of the citizens of the City of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated into this Resolution and are deemed a material part of this Resolution. Section 2. Amendment of Existing Annual Leave Policies. The Cape Canaveral City Council hereby amends the existing Annual Leave Policy set forth in Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations, adopted by Ordinance No. 29-98, by adding the following language: City employees who have accumulated more than two year's worth of annual leave at the time this Resolution is adopted shall be required to take all hours in excess of the two-year accumulation of their annual leave by September 30, 2011. Any accumulated annual leave beyond the allowed two-year accumulation period that is not taken bX Se2tember 30, 2011 will be forfeited. Any Ieave accrued after the adoption of this Resolution will be limited to two times the annual rate of accrual. Such leave must be taken during the yea following the period in which it was accrued or it will be forfeited. The purpose of this requirement is to ensure that all annual leave is taken in accordance with Section 9 of the City of Cape_ Canaveral, Florida. Personnel Rules and Regulations, and to supersede any formal or informal past practices to the contrary. (The underlined type indicates additions to Section 9.04). The remaining Ianguage in Section 9.04 shall remain unchanged from the language existing prior to the adoption of this Resolution.) City of Cape Canaveral Resolution No. 2010-11 Page 1 of 2 Section 3. Incorporation into the Personnel Rules and Regulations. The amendment to the Annual Leave Policy set forth in this Resolution shall be incorporated into Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations, adopted by Ordinance No. 29-98. Any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the amendment. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of the conflict. Section 5. Severability. In any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of Section 9.04. Section 6. Effective Date. This resolution shall become effective immediately upon adoption. RESOLVED by the City Council of the City of Cape Canaveral, Florida, this day of June, 2010. ATTEST: ROCKY RANDELS, Mayor For Against MIA GOFORTH, Acting City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Resolution No. 2010-11 Page 2 of 2 0 N O R YI u u a a� Q0 . E ua El N � rn LO � o to O r0 0 �a o O Ln rn L u aj LN U a E R Q. E E c E 4w L v aU o 3L U 0 L � L U O m o Y o 4 x t�i o w -a O o aj a) r. u7 Ln o0 vi 4- _ ° Ln v 0) 0) %-1 to to to o ami 0 O o to 'i o ui R � L cu m00 fl c :3 CL 0 to 00 > 0 O C N 3: M N 7 R 0 4�0 Y ry� R c0 r-: 07 N qF N R a L .O R 4- +' O 3 O. O O N N N Ol In RT L -0R u] C 3 w -00 LO C1 N tO R m R R N� r- N rn N N — ..0 +-j Ql LO o 0 w O C R ri a� c0 L a1 O O a) r{ N F- E 0 3 0 41 cnQ a 0 0 0 0 C � Co CO Co N C R ci c -I ci ci -I to m4 0 R s, a) R 0 (D r4 m Ll 1 L ay rl N L) CD U 1 O CO ¢ a, O C 0 0 r- o n m +'O s`�-. o O1 o0 O vu O ri 0 0 m m rI c c coo is a) R o m 0 = M Ln m Ln to N ,n E_ 3 N L_ a m 0 � 0 Q `-o O o0 N Ln O 00 4� V)C V)61 O i dl i� N O O UO O N 00 %-I O Ln O qt LU m= N O N' N n. lqr 00 N to e -i N o Ll a1 (3l a) '""� tl) (D O n 2 O N N u J Q Q 0 0 0 0 C L ut N O 0 0 E w N J N l0 r -i N 'D Ln Oi C1 m to N m L N 00 <r m u u1 N Q as cm - n N o � O to O m 0 m H 0- r -I E LU El 0 0 r0 0 L u aj E E a L v 3L U 0 m o Y o 4 x t�i o w -a O o aj a) r. u7 cuc � o > R R � L fl :3 CL 0 to 00 O C N 3: M N C C R 0 4�0 Y ry� R c0 r-: 07 N qF N _ Ql R 4- +' O 0 v Q E o LO o C R ri c0 L a1 O O a) r{ N 3 0 cnQ 0 0 — c a o to m4 0 R s, a) R 0 (D r4 m Ll 1 L) CD a LO m 0 O C 00 r- o n m +'O s`�-. o O1 o0 O vu O ri 0 0 !� M: N rI f>o d N 4+ ,n E_ o0 N L_ 0 � O V Q � R � CL r O N cu 4-1 4''' aj o N � lqr 00 "O O N a7 L 00 N u Q aU a ut N O 0 0 E w Alternate Proposal RESOLUTION NO. 2010_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING ANNUAL LEAVE POLICY IN SECTION 9 OF THE CITY OF CAPE CANAVERAL, FLORIDA PERSONNEL RULES AND REGULATIONS; PROVIDING FOR INCORPORATION INTO THE CAPE CANAVERAL PERSONNEL RULES AND REGULATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council, pursuant to Ordinance No. 29-98, has adopted Personnel Rules and Regulations for employees of the City of Cape Canaveral; and WHEREAS, the City Council, in Section 9 of the Personnel Rules and Regulations, sets forth policies for annual leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council desires to implement the revisions set forth in this Resolution regarding annual leave for employees of the City of Cape Canaveral; and WHEREAS, the City Council deems that this Resolution is in the best interest of the citizens of the City of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby filly incorporated into this Resolution and are deemed a material part of this Resolution. Section 2. Amendment of Existing Annual Leave Policies. The Cape Canaveral City Council hereby amends the existing Annual Leave Policy set forth in Section 9 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations, adopted by Ordinance No. 29-98, by adding the following language: City employees who have accumulated more than twos worth of annual leave at the time this Resolution is adopted shall be paid for all hours in excess of the two-year accumulation of their annual leave. This one-time payment shall be made on or about September 30, 2011. No additional accumulated annual leave beyond the two-year accumulation period by any employee will be permitted at that time. Any leave accrued after the adoption of this Resolution will be limited to two times the annual rate of accrual. Such leave accrued after this Resolution must be taken during the year following the period in which it was accrued or it will be forfeited. No leave in excess of two times the annual rate of accrual will be paid. The purpose of this Resolution is to ensure that all annual leave is taken in compliance with the limitations in Section 9.04 and to_supersede any contrary formal or informal past practice. (The underlined type indicates additions to Section 9.04). The remaining language in Section 9.04 shall remain unchanged from the language existing prior to the adoption of this Resolution.) City of Cape Canaveral Resolution No. 2010 - Page 1 of 2 Alternate Proposal Section 3. Incorporation into the Personnel Rules and Regulations. The amendment to the Annual Leave Policy set forth in this Resolution shall be incorporated into Section 9.04 of the City of Cape Canaveral, Florida, Personnel Rules and Regulations, adopted by Ordinance No. 29-98. Any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the amendment. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of the conflict. Section 5. Severability. In any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of Section 9.04. Section G. Effective Date. This resolution shall become effective immediately upon adoption. RESOLVED by the City Council of the City of Cape Canaveral, Florida, this day of June, 2010. ATTEST: ROCKY RANDELS, Mayor For Against MIA GOFORTH, Acting City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Resolution No. 2010 - Page 2 of 2