Loading...
HomeMy WebLinkAboutPacket 05-04-2010 RegularCity of Cape CanaveraJ Vla Tuesday May 4, 2010 7:0O PM W -147Z MOT, City of Cape Canaveral Appreciation of Retired Employees — Larry McCormack an Melton Taylor But= IML= 7..25 p.m. — 7.40i p.m. U-NIN" Iffel fill a a &IJTrMTr -T�M' Council may schedule suc°»®«»2 regular agenda items and act upon he ir the future. 1050 ± Avenue - Post OffiT Box 326 Cape Canaveral, FL 329,20-0326 felephone: (321) 868-1220 • Fax: (32\868-1248 Nvww.cityofcapecanaveral.org - email: ccapecanaveral@cfl,rr.com City of Cape Canaveral, Florida May 4, 2010 Page 2 of 3 7:40 p.m. - T45 p.m. 2. Approve Revised Letters requesting support for the Kennedy Spac,-., Center 2011 Budget. 3. Approve Proclamation Recognizing May 2 - May 8, 2010 as Municipal Clerks, Week. MMMW� = 91. Consider appointments to myregion.org East Central Regional Board of Advisors. III I 11!11111i� ril 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) Additionalfunds to Stottler Stagg and Associates, Inc for additional drawings. I,?. Provide direction related to the location of next year's Space Coast League - of Cities Monthly Meeting Hosted by the City of Cape Canaveral. 10. Discussion and provide direction related to: 1) Funding for Stottler Stagg and Associates to Prepare the Stormwater perm,it applications (and associated work) for Manatee Sanctuary Park and Banana River Park; and 2) Proposed, Alternative Stormwater Improvement Project to the St. Johns River Water Management Department in Lieu of Payment of Fine. 11. Discussion of Adoption of the International Property Maintenance Code. REPORTS: 9:30 p. m. - 10.-00 p. m. City of Cape Canaveral, Florida May 4,2010 Page 3 of 3 F-AnDOW12 "M 61 w^,. to I g WWWM%W#01w PIANIQA VT;, AMLI; the City Clerk's office (868-1221�) 48 hours in, advance of the meeting, CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY March 2, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos ' Mayor '.Rocky,Randels Council Member Shannon" Roberts Council Member Betty walsh-. Others Present: Acting City Manager Angela Apperson Acting City,Clerk Mia Goforth City Attorney '` Anthony Garganese Public Works Director` Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Building Offi6ial"v,1 Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriffs Departmenf Commander Alan Moros 6CCr1CTL+. Community Development Department • Building Official Todd Morley updated the Council on the Code Enforcement issue involving signs in the right-of-way at the corner of Astronaut Boulevard and Commerce Street. Brevard County Sheriffs Office, Canaveral Precinct, City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 2 of 9 Commander Alan Moros confirmed the Sheriffs Department was there as they were requested to be. Discussion ensued and included how the issue took all day be resolved; how those involved were trying to stave off a negative reaction with the media; how traffic backed up into the post office and safety issues; the anticipation of similar incidents in the future; the decision to consult with the City Attorney; and the plan to include this type of incident in the Community Development Department Standard Operating Procedures or Code Enforcement. Public Works Department • Public Works Director Walter Bandish reported on the Ridgewood Avenue Improvement Project and parking tickets issued to those parked in the right of way. Discussion ensued and included the possibility of legalizing parking in other areas, people visiting residents located in the construction zone, how those that have garages need to be using them for parking. Council reached consensus for those individuals impacted to make.,. other parking arrangements. • Mr. Bandish reported the Sand By -Pass Pr6Ject has begun. • Mr. Bandish confirmed the survey on the north portion sof RidgewoodAvenue will be on the agenda for the next City Council Meeting. Recreation Department • Parks and Recreation Director RobertLefever reported the Friday Fest event is filled to capacity with all vendor spots taken; ads. have been running in all newspapers and ori..the radio for last two weeks.. Me Lefever expressed thanks to Mr. Morley, Cape.Canaveral Volunteer Fire Chief Dave Sargeant and Commander Moros for their assistance. • Mr. Lefever' announced Saturday, March 6, 2010 is Opening Day for Little League and confirmed the', fields will be ready to go. Colin Baenziger and Associates • Mr. Baenzigergave a quick,report on his company's progress with the city manager search:. He stated the search closed Friday, February 26, 2010 with 108applicants and the next step for him is to get the list down from 20 to12 applicants. Discussion ensued and included the process going forward and the possibility of having Mr. Baenziger's company draft the contract between the incoming'city manager and the City. Council reached consensus for Colin Baenziger and Associates to facilitate the contract for the new city manager. Mr. Baenziger added he will e-mail a contract for Council review and advised these are typically open-ended contracts. Business and Cultural Development Board • Chairperson Joanne Muncey reminded the next scheduled meeting for the Board is Wednesday, March 10, 2010 from 4:00 — 6:00 p.m. and a recommendation to host "Wednedsay - Friendsday' will be on the agenda from the Cocoa Beach Area Chamber of Commerce. The Board will also be looking for a status update City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 3 of 9 of the CRA (Community Redevelopment Agency) and there will be a debriefing on how the recent art shows, Annual Student and the Central Brevard Art Show, went. • Ms. Muncey reported the 4th Annual Images in Art Show at Manatee Park, scheduled March 27 — 28, 2010 is being chaired by a professional group and the Board agreed with their decision to designate the event an "Arts and Crafts" show rather than a fine arts show. • Ms. Muncey requested information regarding benefactor aid, the City is required to provide for the upcoming Art of Sand Festival so she can present that to the Board next week. Discussion ensued and included the Council's previous request for the Business and Cultural Development ;'Board to find alternative financial avenues to provide benefactor aid and the Board's'understanding of that. AUDIENCE TO BE HEARD:` • Ms. Annie Tannenbaum, a resident of Solana Lakes;;expressed concerned about the maintenance of the lake which Cape,Caribe"uses. Mayor Randels responded this is one of the agenda items to be discussed tonight. CONSENT AGENDA: 1. Approve City Council Regular Meeting Minutes of January 19, 2010 and February 2, 2010. 2. Approve and,lssue a Proclamation designating National Public Works Week to be celebrated,,May 16-22; 2010. 3. Approve, Resolution No: 201.0-03; Appointing a Second Alternate Member to a First Alternate Member to,the Recreation Board (D. Raymond). 4. Approve Outdoor Entertainment'Permit for the City's Spring Festival & Vendor Expo. March 13, 2010, and waive fees. 5. Approve Outdoor Entertainment Permit for the City's Movie in the Park March 19, 2010 and :waive fees'. 6. Approve Outdoor Entertainment Permit and Waive Fees for the Manatee Sanctuary Arts Festival March 27 and 28, 2010; T -N -T Events, Inc., Applicant. 7. Approve Outdoor Entertainment Permit, Special Alcohol Exemption Permit, Waiving of any and all Permit Fees and Rental of Tent for the City Hosted Space Coast League of Cities Monthly Dinner Meeting at Manatee Sanctuary Park, Monday, April 12, 2010. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 4 of 9 City Attorney Anthony Garganese requested removal of Item No. 6 from the Consent Agenda for discussion. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda Item numbers 1, 2, 3, 4, 5 and 7. 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. Attorney Garganese stated Item No. 6 of the Consent Agenda needed clarification before Council approval and pointed out the appearance of a conflict between the application for Special Outdoor Entertainment Permit and the special,, events agreement included in the Agenda Packet for the applicant. Discussion ensued and included the need for more explanation; verification from the Acting City, Manager Angela Apperson there are no fire or police fees for this event as this is a,.City event; clean-up after the event; how the City's sign code has changed since last year's event and off -premise signs; the need to readdress the way this particular, special event happens and the new special events ordinance. Mr. Morley and Ms..Apperson .requested Council,direction on how to handle off -premise signs related to all City sponsored events. Council came to consensus to fully support the use of off -premise signs for all City sponsored events. More discussion ensued and included how -Council could decide the City should be reimbursed for staff time for the City's portion, 6' Uthe event; the original intent of this event to help seed cultural events'in-the City; approving the event for now. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve Consent Agenda Item No. 6.' -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:, 8. Review and Approve'IT Services. Ms. Apperson introduced Mr.'Sam.Thorpe, Microsoft Certified Professional and Mr. Larry Hall, Nebutel, Inc., and supplied a brief explanation of the item request. Discussion ensued and included the expenditures of the past. Mr. Thorpe identified a few key points: the server'at''City Hall is old, to full capacity and almost out of space; the need for automatic backup for each user; how the City needs its own mail server, it is currently set up like,a home computer; problems with configuration of the server and no capacity to run applications; security, performance and reliability issues and expiration of the City's anti-virus software; multiple points of access to the Internet that the City is paying for separately and Bright House's role in the configuration of the City's internet access. A motion was made by Mayor Randels and seconded by Ms. Roberts to approve Item No. 8. Ms. Apperson requested Council to specifically address the possible motions included in the summary of the cover sheet for this item. A motion was made by Mayor Randels and seconded by Ms. Roberts to clarify the original motion to include approval of Item No. 8 as written as well as declaring Mr. Thorpe and Nebutel, Inc. the sole source providers of these services to the City. Discussion ensued and included funding and the City's past IT issues; updating, City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 5 of 9 assessing backups, maintenance and repair money needed once the system is installed; using Impact Fee money to possibly pay for Nebutel's services; Mr. Hall's personal guarantee to the City for the microwave system; updating the current line of site for the microwave system in the event of development near Carver's Cove; Nebutel's relationships with the City of Kissimmee, Brevard County Clerk of Court, NASA and subcontractors, City of Indian Harbour Beach and the City of Palm Bay; preparation of departmental budgets considering future assessments and needs; Mr. Hall stated Nebutel is located in a storm -proof, secure facility in Melbourne for back-up storage. 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. 9. Review and Approve the Hiring of two (2) Seasonal Summer Camp Counselors for eleven (11) weeks, not to exceed a total of thirty, (30) hours each week. Mr. Lefever explained the Recreation Department's needJor two seasonal summer camp counselors this year. Discussion ensued.and, includedthe possibility of approaching students from Cocoa Beach Junior/Senior High School to work during the summer; the risks of kids working with kids being a 'potential liability to the City; Council desire to see the weekly fee stay at $25.00; the popularity and success of this program each year; the lack of space for more children to attend and the need for a full day camp. A motion was made by Ms. Roberts and seconded by, Mr. Petsos to approve Item No. 9 at a $251week level:., 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. ORDINANCES: Second Public Hearings: 10. Cape Caribe Development Items. (a.) Motion Adopt.-Ordinanc'&No_ 02-2008, Adopting a Small Scale Future Land Use Map Amendment, for Incorporation into the Comprehensive Plan; at 'second reading; (b.) Motion to Adopt:'Ordinance No. 03-2008, Changing the Zoning Map Designation of Certain Real Property; at second reading; (c.) Motion to Approve the Cape Caribe Development Agreement; and (d.) Motion to Approve the Cape Caribe Development Site Plan. Attorney Garganese proposed a consolidated hearing process for this item; he distributed a hand-out detailing the process to Council and reviewed it, for the record, with them. Council came to consensus to follow the proposed hearing process as requested. Attorney Garganese read the titles of both Ordinance No. 02-2008 and 03-2008 and stated both items are legislative and quasi-judicial in nature. For the record, he confirmed with the applicants their acceptance of the process. After staff and applicant presentations, Council discussion ensued and included permanent bleed down outfall; City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 6 of 9 permitting steps taken with the DEP (Department of Environmental Protection); Port Canaveral and emergency drawdown; time delay conversion and how new process wet detention system with an outfall is completely different system and needs to be reviewed; the concern of the angle for the speakers in the rezoned area, hours of operation and raising of the parking area to two levels next to Solana Shores area and the tennis court; the schedule of work to be done; DEP approval of the site plan and review by state and federal agencies; turtle lighting; maintenance of the lakes, maintenance responsibilities and private agreements; progress inspection and permit expiration. During the Public Hearing and Reply portions of the procedure, discussion ensued and included the dissemination of the final copy of the permit to the'three communities; citizen concerns about another 100 year rain event and the agreement between Cape Caribe, Solana Lakes and Solana Shores; citizen concerns about overflow into the ocean; the original agreement with Towne Homes. After.Council deliberations„Council expressed thanks to the community and all partiesJnvolved. A motion made by Mayor Pro Tem Petsos and seconded by Mr. Hoog, to approve the Development Agreement and Site Plan as presented. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro3em Petsos, For, -,Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Ms. Walsh and'seconded by Mayor Pro Tem Petsos to approve Ordinance No, 02-2008. The motion 'ca'rded'5-O'with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For, A motion was made'by Mr. Hoog and seconded by Ms. Walsh to approve Ordinance No. 03-2008.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. A motion made by Mayor Pro Tem Petsos and seconded by Ms. Robert to extend the meeting'an additional 30 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. 11. Motion to Adopt: Ordinance No. 02-2010, Creating Chapter 91, Landscape Irrigation, of the City Code to Provide for Local Implementation of St. Johns River Water Management District Water Conservation Rule for Landscape Irrigation; Providing Definitions; Landscape Irrigation Schedules; Providing Exceptions to the Landscape Irrigation Schedules; Providing Variances from the Specific Day of the Week Limitations; Providing for Applicability and Enforcement; Providing for Penalties, Providing for the Repeal of Prior Inconsistent Ordinances and City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 7 of 9 Resolutions, Incorporation into the Code, Severability, and an Effective Date; at second reading. Attorney Garganese read the title of the ordinance. Attorney Garganese brought an item to Council's attention on page 4 of 6, subparagraph 9 of Section 91-4 and recommended striking the language regarding private irrigation wells inconsistent with State Law. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Ordinance No. 02-2010 with language stricken from, page 4, subparagraph 9 section 91-4. 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. 12. Outdoor Entertainment Code Items: (a.) Motion to Adopt: Ordinance No. 04-2010, Repealing the Existing Provisions of Article III, Chapter 10 of the City Code Related to Outdoor Entertainment; Adopting a New Article III of Chapter 10 Regulating'the Permitting of Outdoor Entertainment Events; Providing for the Repeal of Ph6r,lnconsistent Ordinances and Resolutions; Incorporation into the Cod e;,Severability; and an Effective Date, at second reading. (b.) Motion to Approve: Resolution No. 2010-05, Amending the Existing Fee Schedule for Chapter 10, Amusements andEntertainments, Related to Outdoor Entertainment Permits; Providing",,for Incorporation into -"Appendix B" to the Cape Canaveral Code of Ordinances; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. Attorney Garganese.read the title of the ordinance. Discussion ensued and included fee waiver changes and deposits;, loss of revenues for expenses the City will incur; the Art of Sand event, the Brevard Cultural~Alliance (BCA) and T -N -T Events, Inc.; exemptions for non=profit organizations and modifying the language of the Municipal Purpose Section of theordinance;,addressing a technical code waiver, the request for a 6 foot high fence for the, Art of Sand and public safety. Mayor Randels read proposed changes to, be added to Section 10-73, Fees and Deposits, paragraph (b) "if it can be demonstrated that the event serves a municipal purpose not to be limited to economic development, local charitable events or city sponsored events". A motion was made by Mayor Randels and seconded by Mr. Petsos to add language to Ordinance No. 04-2010, Section 10-73,.Fees and Deposits, paragraph (b). The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Discussion ensued and included reimbursing the City for expenses and partial fee charges; amending the code with more stringent language regarding public safety. Attorney Garganese proposed additional language "the building official, fire chief and precinct commander shall be permitted to require standards more stringent than provided for in the city code in order to protect life and public safety related to the event" and requested Council grant leeway on its placement in the ordinance. A motion was made by Ms. Roberts and seconded by Mayor Randels to amend Ordinance No. 04-2010 to include the City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 8of9 public safety revision proposed by the City Attorney and place it where the City Attorney deems appropriate in the ordinance. 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. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting an additional 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. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to adopt Ordinance No. 04-2010 as amended, at second reading. 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. Attorney Garganese read the title of Resolution.No.,2010=05. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem`Petsos'to approve Resolution No. 2010-05 as written. 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. 13. Approve Outdoor Entertainment Permit for the International Art of Sand Event, waiver of fees; alcoholvpermit and fence height waiver for same. Mr. Morley clarified the fence height exemption may be taken off the list of items for Council approval since the adoption of the Ordinance No. 04-2010. Sheriff's Commander Moros and F re Chief Sargeant presented their fees for public safety services to Council. I]iscussion`ensued and included the schedule for these services and various options involving the use of additional officers and firemen on the weekends, off-duty personnel, sub -contracts, using outside deputies, total costs for the five weekends, using staff, people for this event; the need to see a return cost back to the City. Ms. Shellie Williams, Executive Director of the BCA, explained her organization's role and responsibilities for the International Art of Sand. More discussion ensued and included expenses for security services and the spending of tax payer dollars, reimbursing the City with some of the costs, planning forward for the event and the economic impact the event will have in the future. Commander Moros stated his department fees would drop significantly due to the fact alcohol is only being served on the weekends. Fire Chief Sargeant also offered potential lower fees depending on the crowd sizes. A motion was made by Ms. Roberts and seconded by Mayor Randels to approve Item No. 13, including: 1. Alcohol service, 2. Waiver of fees, including the $500 application fee; reduced expenditures to be determined for public safety City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 9 of 9 services provided by the Sheriff's Department and the Fire Department; the basis for all of which is economic development purposes. Discussion ensued and included the Council's direction to the Business and Cultural Development Board to seek sponsors to help fund City expenditures and the use of tax payer funds for the event. The motion carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. There being no further business, the Meeting adjourned at 11:01 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk City of Cape Canaveral City Coiunicil'Agenda Form T VE IT T1 1 0 MW Subject: Approve revised letters requesting support for the Kennedy Spare Center 2011 Budget Department: Administrative Summary: At the April 6" City Council Meeting, Council discussed proposed letters of support for Kennedy Space Center Funding, The discussion produced amendments which were to be made by Staff and circulated to Council for input. Before the approved letters could be sent, NASA's Administrator Bolden made announcements which impacted the contents of the letters. Staff redrafted and circulated: new letters to Council for consideration. Due to the impending visit of President Obama, I felt it best to wait until after his visit to re -draft a new letter. The letter was to be circulated as soon as possible and was supposed to be formally approved as a part of the April 20, 2010 consent agenda. I was unable to complete the necessary amendments and get the new letter circulated so, at the April 20th City Council Meeting, the Item was taken off the agenda. At the time ad not been received. Requested Council Action: Approve revised letters Financial Impact: nominal, as most of the letters will be sent via e-mail. Attachments: Revised draft letters. Submitting Department Head: N/A Date: Approved by Acting City Manager: Date: 4/27/2010 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; WHEREAS, the Office of the Municipal Clerk provides the professional link between citizens, the local governing bodies and agencies of government at other levels; WHEREAS, Municipal CIerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international organizations; WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do recognize the week of May 2 — May 8, 2010 MUNICIPAL CLERKS WEEK And further extend appreciation to our Municipal Clerk, Angela M. Apperson, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/04/2010 Item No. q Subject: Selection of a New City Manager Department: Administrative Summary: Interviews were conducted on April 13, 2010, April 17, 2010 and April 24, 2010. Council is scheduled to select a New City Manager at the May 4, 2010 Meeting. Once the selection is completed. The consulting firm of Colin Baenziger and Associates will begin negotiating a contract. We anticipate placing the contract on the May 18, 2010 agenda for approval. Requested Council Action: Provide direction to Staff and the consultant Financial Impact: none for the selection Attachments: None Submitting Department Head: NIA Date: Approved by Acting City Manager: Cj�;dk Cq 1ZDate: 4127110 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: 05/04/2010 Item No. 5— Subject: Consider appointments to myregion.org East Central Regional Board of Advisors. Department: Administrative Summary: The East Central Regional Board of Advisors is jointly chaired by the East Orlando and Titusville Area Chambers of Commerce. This new partnership provides another opportunity for the City to network with surrounding cities and leadership organizations. Although the attached documents ask for our nominations to be submitted by April 21, 2010, 1 have been assured we are not too late. I suggest we nominate the following: New City Manager Planning Director Business and Cultural Development Board Member As of this writing, I do not have a designated person from the Business and Cultural Development Board. However, by the time the Council meets on May 4th, I should have a list of willing members. Requested Council Action: Provide direction Financial Impact: minimal, if any Attachments: Letters from myregion.org Submitting Department Head: NIA Date: Approved by Acting City Manager: m ype-� Date: 4127110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Regional U1111,01 Angela Apperson City of Cape Canaveral P 0 Box 326 Cape Canaveral, Florida 32920, Recently you received a letter asking for your participation in the East Central Regional Board of Advisors This letter is to follow-up on that request, and further clarify that this effort with myregion.org is jointly chaired by the East Orlando and Titusville Area Chambers of Commerce. We are both excited about this unique partnership opportunity and are eager to get together with you and other community leaders to chart a path, forward for the good of our East Central Florida region. If you've not done so, please take a moment to share with us the names of four (4) individuals that best represent your economic center and could serve as an influential force, adding, new thoughts, suggestions and concerns to the myregion.org East Central Regional Board of Advisors. Please submit your nominations no later than April 21, 2010. Nominees will be ratified by the myregion.org Executive Board of Advisors, the East Orlando Chamber of Commerce and the Titusville Area Chamber of Commerce in early May. If you have any questions or need further assistance, please don't hesitate to contact us. Sincerely, Elaine Hinsdale Executive Director East Orlando, Chamber of Commerce 2860 South Alafaya Trail', Suite 130 Orlando, Florida 32828 407-277-5951 ellaine@eocc.org Ma tcia Gaedcke, IOM Pre ' ent Titusville Area Chamber of Commerce 2000 South Washington Avenue Titusville, Florida 32780 321-267-3036 gaedcke@titusviIle.org In partnership with: CHAMBER OF COMMERCE L ti,aa ing Con" unities Regional Board a M-llK#MQOJU# Angela Apperson City of Cape Canaveral "o 326 Cape Canaveral, Florida 32920 FOMMETARM As organizations striving to ensure the economic prosperity and high quality of life of our communities, Chambers of Commerce are now, more than ever, in a unique position to get involved in issues that matter most to the future of Central Florida. For this, reason, the Titusville Area, Chamber of Commerce has partnered with myregi . on.org to create the myregion.org East Central Regional Board of Advisors, a forum where our government, business and civic leaders can engage, in cand'id conversations about local and regional-sca]e issues. We are seeking your assistance in selecting four (4) members for the myregion.org East Centrail Regional Board of Advisors that would represent your economic center and would serve as an influential force, adding new thoughts, suggestions and concerns to the myregi . on.org East Central Regional Board of Advisors. In order to ensure that there is a balance of genider, profession, ethnic4, and geograiph,ic and clemograp44 sectors,, we suggest that you nominate a minimum of 8-12 public and private leaders that can help move research -based regional ideas to local actions for regional strength. From this pool of nominees, thit my,region,org Executive Board of Advisors will select a minimum of two (2) business leaders, one (1) jovernment leader or elected official' and one (1) civic leader to represent your area of the East Central c-conomic center., (Continued..) In partnership with: NFAM 1) 0 OF, P01MMER4'E Leading Businesses Lendubg ommurlOies Date Page 2 Attached you will find the Member Information Form for you to forward to your candidates. Please submit your nominations to me no later than April 15, 2010. Nominees will be ratified by the myregion.org Executive Board of Advisors and the Titusville Area Chamber of Commerce by May 1, 2010. Participation in the myregion.org East Central Regional Board of Advisors promises to be a great opportunity for these contingents of leaders to come together to learn more about the region, and together, seek regional solutions for Central Florida. Please let me know if I can answer any questions, or if I can be of assistance to you or your team. I look forward to working with you! Sincerely, Ma is Gaedcke, IOM Presi ent Titusville Area Chamber of Commerce Enclosures Regional Boardo/, The Titusville Area Chamber of Commerce and the East Orland�o Chamber of Commerce aire pleased to invite you to become part of the myregion.org East Central Regional Board of Advisors, a forum where government, business and civic leaders in our communities can engage in candid regional conversations about local and regional-scaile issues that Will make the East Central economic center the best place to live, learn, work and play. Membership Benefits As a member of the myregion.org East Central Regional Board of Advisors you! will: Connect with the region's top leaders and decision, makers about East Central Florida's most important issues Participate in forums about issues that require specific local actions to act regionall'iy Help prepare Central Florida region for global competitiveness, Membership Investment Your investment in the myregion.org East Central Regional Board of Advisors is simple: • Your commitment of time and talent (a minimum of four meetings a year) • Your willingness to think and act regionally • Serve as a voice in, your areas of influence about the initiatives undertaken by myregion. o 1-,� 9A In partnership with: 1 N VOKI CHMABER OF COPIVL RCF. iqiiiq�1111111lg�� 1111pliq T Name, Title: Lemkz. rrm"'171-1 =- Physical Address: Mailing Address: City/State/Zip: Phone, Email: Referred by: N'a me: zu Title: Phone: A"Ilnip r. words why the nominee would be a good addition to the myrep , on. s East Central Regional Board of Advisors: In partnership with: 'elf, .... . ........ . .. .... - O.MUR CO CONA'AAERICE LP"' ding Businesscs L0ad"Iq tamrnunifieq City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/04/2090 Item No. Subject: Consider Letter Regarding Parking at McDevitt Properties, LLC, Department: Administrative Summary: The attached letter was received from Mr. McDevitt. I understand parking in the area can be an issue when events are held at the Recreation Complex. In conversation with Mr. McDevitt, he indicates if the rental agreement cannot be reached, he will have no choice but to have vehicles towed from the property. I certainly do not want to see this happen. However, I do not support or recommend Council move forward with the offer to rent the parking lot. Requested Council Action: Provide Direction to Staff Financial Impact: Depends upon the direction provided. Attachments: Letter from McDevitt Properties, LLC. Submitting Department Head: N% Date: Approved by Acting City Manager: �% Date: 4127110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain MGDEVITT PROPERTIES, LLC 7404 N. Atlantic Ave., Suite 200 PO Box 505 Cape Canaveral, FL 32920 April 22, 2010. City of Cape Canaveral Attn: Angela Apperson, Acting City Manager PO Box 326 Cape Canaveral, FL 32920 Dear Angela, Phone: (800) 329-7378 Phone: (321) 784-6115 Fax: (321) 783-8207 The parking lots of the United Agencies building have been receiving extensive use by individuals attending Cape Canaveral sponsored functions. This includes monthly Friday street festivals, occasional weekend tournaments, and individuals using the city's recreational complex on weekday evenings and weekends. This use causes a lot of wear and tear on our parking lot. We will be willing to let the city use our back parking lot for Friday festivals and for recreational complex parking on weekday evenings and weekends for $500 monthly beginning June 1, 2010. This agreement can be canceled by either party with 30 days written notice. We feel this is a reasonable request due to the amount of usage that is placed on our parking lot for the City of Cape Canaveral's activities. 1 ie "rental checks can be made out to McDevitt P operties at PFJ Boy: 505, Cape Canaveral, FL 32920, If you have any questions, please don't hesitate in contacting me at (800) 329-7378. Sincerely, Ron McDevitt City of Cape Canaveral City Council Agenda Form City Council Meeting Date: May, 2010 Subject: Implement a Fleet Preventive Maintenance Program for all City Vehicles Department: Public Works Summary: Incorporating a regular PM program is essential for today's fleet. Be proactive in scheduling vehicle service before a breakdown occurs and keeping good records to avoid negligent entrustment issues. The City put a RFP of Price quotes for General Maintenance of the City Vehicle Fleet. Costs for OLF, (oil, lube, and filter) change plus hourly Mechanical rate for the Trucks listed in the attachments. 1. -Dave's Beach Auto Repair -Costs for two (OLF) per Vehicle per year -$1635.44 Hourly Mechanical Rate- $70.00 2.- Spaceport Amoco/BP- Costs for two (OLF) pre Vehicle per year -$1198.00 Hourly Mechanical Rate- $85.00 3.- Economy Muffler- Costs for two (OLF) per Vehicle per year- $1366.00 Hourly Mechanical Rate- $ 60.00 Requested Council Action: City Council to Approve Economy Muffler for General Maintenance and Oil, Lube, and Filter. With the low cost on Mechanical hourly rate the cost saving will out weight the Total cost of the (OLF) Financial Impact: All Departments will put in there Budget for Maintenance Attachments: x Supporting Documents Reviewed le Submitting Department Head: l Date: 4— Approved by City Manager: Date: V/q- 2110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RwVE'�T LY 1/HyIaCLE`EP `RT l� JSr 4 i'.}�. VEHICLE # DATE DAILY CHECKS COMMENTS BRAKES (PEDAL PRESSURE) EMERGENCY BRAKE LIGHTS (HEAD, TAIL, HAZARD) HORN WINDSHIELD WIPERS MIRRORS AND GLASS TURN SIGNALS BACK-UP LIGHTS TIRES DAMAGE INTERIOR EXTERIOR GAGES LIGHTS FLUID LEVELS GAS OIL POWER STEERING POWER BRAKES COOLANT TRANSMISSION WINDSHIELD WASHER AIR FILTER (2 TIMESIYEAR) DATE DATE OIL CHANGE/FILTER (2 TIMENEAR) JDATE DATE Additional Comments (Be Specific) Driver Printed Name Signature March 16, 2090 Dear Sir, The City of Cape Canaveral is requesting price quotes for general maintenance of our vehicle fleet. Please provide costs for OLF, (oil, lube, and filter change) plus an hourly mechanical rate for the trucks listed below. You may fax or email your proposals on stamped or company letterhead to: City of Cape Canaveral Attention: Kay McKee Kaymc-cape(a-)-cfl.rr.com OR Fax (329) 868-1233 If you need to contact me by phone my office number is (321) 868-9242. Thank you for your interest in the vehicle PM program for the City. Kay McKee Public Works Supervisor Vehicle # 3484 - 2005 Ford F-250 pickup V-8 Vehicle # 3183 - 2003 Ford F-550 flatbed dump truck V-10 Vehicle # 3329 - 2004 Ford F-250 pickup V-90 Vehicle # 3905 - 2002 Dodge pickup V-8 Vehicle # 2721 - 2001 Dodge pickup V-8 Vehicle # 2669 - 2001 Dodge pickup V-8 Vehicle # 3598 - 2006 Ford F-350 lift truck (diesel) V 8 Vehicle# 2443 - 1994 Toyota pickup V-4 Vehicle # 2485 - 9997 Ford F-250 V-8 Vehicle # 3966 - 2004 Ford E350 Van V-8 Vehicle # 3090 - 2002 Dodge Dakota pickup V-6 Vehicle # 3091- 2002 Dodge Caravan V-6 Vehicle # 2728 - 2001 Ford Windstar V-6 Vehicle # 3486 - 2006 Ford F-250 pickup V-8 Vehicle # 3095 - 2001 Ford F-350 Boom truck (diesel) V-8 Vehicle # 2610 - 2000 Chevy cargo van V-8 Vehicle # 3314 - 2004 Ford F-250 SD V-8 Vehicle # 3689 - 2007 Dodge van V-6 Vehicle #2720 - 2001 Dodge Dakota pickup V 6 Vehicle # 3104 - 2002 Dodge Dakota pickup V-6 Vehicle # 3485 - 2006 Ford F-250 pickup V-8 MEMORANDUM CITY OF CAPE CANAVERAL TO: Walter Bandish/Public Works Director FROM: Kay McKee/Public Works Supervisor DATE: March 19, 2010 SUBJECT: Vehicle PM Quotes As you have requested, I obtained quotes on OLF,(oil, lube and filters) and an hourly mechanical repair rate from (3)three businesses. I gave all three the same information based on (21) City Vehicles. The results are as follows: Dave's Beach Auto Repair OLF — Range in price from $27.25 (1 vehicle); $28.50, (8 vehicles); $32.00 (7 vehicles); $35.50 (1 vehicle); $53.00 (1 vehicle); $56.50 (1 vehicle); $94.80 (1 diesel vehicle); $98.67 (1 diesel vehicle). Hourly Mechanical Rate - $70.00/Hour. Comments: Dave said he came down on his price as much as he could. Spaceport Amoco/BP OLF — 4 & 6 cylinder vehicles - $25.00 8 & 10 cylinder vehicles - $27.00 Diesel vehicles - $50.00 Hourly Mechanical Rate $85.00/Hour Comments: Alan said all repair work estimates are based on the software program Alldata repair labor guide. Economy Muffler OLF — All vehicles except diesels - $25.95 Diesel vehicles $65.00 Hourly Mechanical Rate $60.00/Hour Comments: Wendy said in an effort to keep things simple all vehicles would be charged the same rate except diesels. Based on these estimates 4 and 6 cylinder, and diesel trucks would be serviced, (OLF) at Spaceport Amoco/BP. 8 and 10 cylinder vehicles would be serviced at Economy. Mechanical repairs would be performed at Economy. C: Jeff RatlifflAPWD Ed Lawson/Purchasing PW Admin. Asst. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: May 4, 2010 Item No. Subject: Ridgewood Avenue Improvements Project — Northward Extension Department: Public Works Summary: The City of Cape Canaveral (City) continues to move forward with the Ridgewood Avenue Improvements Project. As requested at previous City Council meetings, City staff has investigated extending the project to the north to the Ocean Woods/Ocean Oaks area. City staff also requested an easement agreement from the Ocean Woods Homeowners Association (HOA) — according to the HOA president, this easement will not be approved by the HOA. Therefore, the City can proceed with work in the right-of-way only including: (1) replace the existing sidewalk and pavement (put back what is already there with no pedway on the western side of the roadway) and (2) replace an existing median in the roadway. This change in scope represents Change Order #2 to Brewer Paving and Development, Inc. (Brewer) for the project. Note that additional engineering drawings (Stottler Stagg and Associates, Inc. [SSA]) will also be required since this part of the roadway was never included in the original project. Requested Council Action: City staff requests approval for Change Order #2 to Brewer and approval of additional funds for SSA. Financial Impact: 1). $56,892.83 to Brewer for additional construction tasks (Change Order #2). 2). $1,699.00 to SSA for additional engineering drawings. Total financial impact of $58,591.83. Attachments: Supporting Documents Reviewed 1). Cost estimate in the amount of $56,892.83 from Brewer. 2). Cost estimate in the amount of $1,699.00 from SSA. 3). Change Order #2 to Brewer. 4). Project Budget Summary. Submitting Department Head: Date: — Z6-10 Approved by City Manager: / Date: VA 7// Gc. , City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Brewer Costs RIE 631F �k ce r� tai Stottler Stagg & Associates Archiiects, Hngincers, Planners, Inc. JPRIELIMINARY NORTH OF CENTRAL PLVD BID TAB Ridgewood Avenue Improvements, Cape Canaveral, Florida 12/7/2009 PRELIMINARY Pay Item No. Unit— Sec nitSao Task Type Description QTY Unit Price Amount CONSTRUCTION DETAILS General Construction Operations 104 13 1 STAKED SILT FENCE, TYPEIII$ RI'S' to-- DIvIsIon Total Clearing / Demo Construction Site 7 110 -i I CLEARING AND GRUBBING (VEGETATION) I I L S '-,S-0C > F$ I 1 1101 41 IREMOVAL OF EXISTING CONCRETE SIDEWALK 851 SY [-,0V 1$ 1 1101 TING CURBING I 400 Sy 6>-aj Is Z'qw. Qz� I 110� 4, REMOVAL OF EXISTING DRIVEWAY TURNOUTS (CONCRETE) 1 2431 SY I it -),or) S1.4 .w Divlsuon Total $ Earthwork & Related Operations 160 6 12" STABILIZED SUBBASE 1 2201, SY], CO $ v L14 Division Total Base Courses . ..... 2'10177 T BASE, 4" (REUSING EXISTING SIDEWALK BASE) 9Y 8- ' A57 S6 0285702 OPTIONAL BASE GROUP 2" NEW SIDEWALK) SPY 0285708 OPTIONAL BASE GROUP 8" (CURBING) 127 SY 286 1 TURNOUT CONSTRUCTION CONCRETE)... 57 SY 286 2 TURNOUT CONSTRUCTION (ASPHALT - S. P. 12.55 50 TN 1'X— Divislon Total Bituminous Pavement 6 TING ASPHALT PAVEMENT, 1 112" AVG DEP SY --�327 ---± -- 3 ]27 700 MILLING EXISTINGASPHALT PAVEMENT, 3 1/2" AVG DEPTH 1 9011 SY 7b 1$ Z,4u T -j 0 'I' 3341 11 1ASPHALT CONCRE-1 E (SUPERPAVE 12.51 1 1081 TN I.$ 13V 15 9 ICA wo Division Total MCI 1) k\Fileservertiprojects\08-00311COSTS\CIVIL BID TAB (North of CentraI Blvd).xis SLottlor Stagg & Associates Architects, Rngincars, Planners, hie, PRELIMINARY NORTH OF CENTRAL BLVD BIO TAB Ridgewood Avenue Improvements Cape Canaveral, Florida 121712009 PRELIMINARY Pay Item No. Unit SecTask Type Descrlptton QTY Unit Price Amount Incidental Construction 520 1 10 CONCRETE CURB & GUTTER, TYPE'F' 352 LF pv $3197z .{30 520 3 CONCRETE CURB, MIAMI 286 LF $-S 1�if..ts.i 522 2 CONCRETE SIDEWALK - 4" THICK 108 BY , 30 $ 527 1 DETECTABLE WARNING ON WALKING SURFACE 2 EA ,�'7Y $ 570 1 2 SOD 160 BY Sb $400.00 523 1 TEXTURED PAVEMENT STS CROSSWALKS x 4 LOC, 25 BY W, cD $ 7 Sao. pt) EXESTING UTILITIES - ADJUSTING WATER VALVE ELEVATIONS1 XXI LS Division Total Traffic Control $ 11, 6.i's -i.A 711 11 ITHERMOPLASTIC, STANDARD, WHITE, 24" 7,91 LF 0 $ pe, 1b 7111 1111 THERMOPLASTIC, STANDARD, YELLOW, 6" 2601 LF j. cx-" $ zso-av 7111 11 THERMOPLASTIC, STANDARD, WHITE, 6" 1 6001 LF 11, ob I $ 16o -OQ Division Total $ 1't5M. *r4 '3�C 1,;�� & via. -z 49 SUB -TOTAL $ M., sci t - -& 30 CONTINGENCY @ 10% $ V'fitQ .2$ TOTAL $ 7.11 Notes: This construction estimate of probable costs reflects scaled distances off of existing maps, Design drawings with fleld surveys and soil borings will be required along with regulatory agency coordination prior to final construction. Items not included are landscaping, Ilghting, storm water quality treatment, designlsurvey costs, maintenance of tralfEc, signage utility relocation, or offsite work. Any opinion of the construction cost prepared by Stottler, Stagg & Associates (BSA) represents its judgment as a design professional and is supplied for the general guidance of the client since SSA has no control over the cost of labor and materlal or over competitive bidding or market conditions. SSA does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the client. PREPARED BY: Stottler, Stagg & Associates CERTIFICATION OF AUTHORIZATION NO. 762 For Client Information Only BY: �L — d5 11Fileserverlprojects108-00311COSTS1CIViL BID TAB (North of Central Blvd).xls Date, Sign: 49 -4e SSA Costs 9S h 00 swr S MZMMMMI Mr. Jeff Ratliff City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 RE: SSA Fee Proposal for Ridgewood Design Extension (Revised) Dear Jeff � Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our engineering proposal for the design of Ridgewood Avenue from Central Avenue to the Ocean Woods east gate. The proposed design for this roadway segment will include an expanded sidewalk along the east side. Initial contractor cuts into this section of roadway have indicated approximately 3-1/2 +/- inches of asphalt has been historically placed, SSA will design this structural section per City of Cape Canaveral standards. SSA's specific scope of services will include: SSA SCOPE OF SERVICES Task 1 — Field and Location Surveys: SSA will' perform field surveys to locate the eastern sidewalk and major oak trees along with some key swale elevations. Task 2 — Design: SSA wil'l prepare a construction drawing for the Ridgewood Avenue extension. SSA will also include a modification letter / package to the SJRMWD if required due to increased impervious areas. No additional landscaping is proposed. SCHEDULES AND FEES Schedule: Upon City authorization to proceed, SSA will! begin work immediately. Approximately seven (7), working days are anticipated to complete the above tasks, Fees: SSA fees for the above tasks will be a lunip sum fee of $1,699. Construction drawings will be furnished on a CD and inctuded in the above, SSA's work will be invoiced based on a percentage of work completed and will be billed Monthly with payment due within thirty (30) days of receipt. Additional services not included in the above tasks wild be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work MI be billed with a fifteen percent (15%) mark-up. 1"MTFIER 1-3XAGG & ASSOUATES I NGINEERS PLANNERS, INC S ARCH ITHCFS' 7 SW North Aflnndc Avenw,, P, 0 Box lr�it) CApc Plorida 3n,20 To! 321 83-1310 Fax 321-783-7M5 1R. #AAUXOM�#FHCkMf762 #U3fkY,67fY1 Mr. Jeff Ratliff April 23, 2010 SSA Fee Proposal — Page 2 Ridgewood Avenue Design Extension Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for renegotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Client hereby agrees to pay all costs of such collections including Attorney's fees. The Client and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Client nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through May 30, 2010. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by City approval and receipt of a City purchase order. We are looking forward to working with you on this project. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A Pekar, PE Senior Vice President JAP:cs ACCEPTANCE: BY: TITLE: DATE: u.Wan Sot1a va'CiVYLIPtoectsWROPOSAL1Ciry v1 Cage CanarreA2010 Piogasa!sT-RaU Rdge&wd des' extension R-4-23-10.doc Change Order #2 MEMORANDUM TO: Ryan Herold Brewer Paving and Development, Inc. FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 05/05/10 RE: Change Order No. 2 Ridgewood Avenue Improvements Project Attached is a table showing the contract additions for the referenced City of Cape Canaveral (City) project. These contract changes, which constitute Change Order No. 2, were approved by the City Council on Tuesday, May 4, 2010. The revised contract amount is now $1,582,558.68. If in agreement, please sign below and return the original to the City. Walter Bandish Public Works Director City of Cape Canaveral Billy Joe Brewer President Brewer Paving and Development, Inc. U CU 3 a� m LM c^D� 4 H O�i� � N lY Do m Op y Ln 0 CL 4A N E O W Z O L L S.Z. E L O H ta r. Z_ m o .0 m u V a W h O O 3 a b e 1 0 C C al O o E tW Q b c ; _ u m o m u m Project Budget Summary 4 $ a `Lq a Li uy O N O N uani m rn {Q �3 0 LoV} ti U e,l 17, a o Ln I-- L60 0 O o o to o. m o o v, � o0 0 0 0 00 08 0 0 0 to o rn a v a a N o a a 0 m o et N Im to 0 O 0) O lD 1l m N O a o V} o a tp 1, N N 6t : tD- O V? o VI 0 i!1• 00 Ln O a o C t0 a V a H N V ri O r -I p0 G [!1 V tltltl"' 00 N ri c -I a 00 is LR N 1l n 41 a iA tom!) -1 CT). Q} � LKN N V! -61P _ �► 21 431 1.. Cd L � E E +� �n -o x to c 00 U m 3 ^ Mo � 13- u° e C cu +' O � y h g g o e a C 3 z 1nTZ `n z° •w !1/ •0 O O hAra li + w a N m c w a s �' 0 0 0 rj m a 3 Ut r, l~� c 0 L U V U ~Q C +� 0 U m c m U a O V1 v~i C (7 Q C L O C 0 � •0 � m Q m •� avt U r o w a, City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 05/04/2010 Item No. Subject: Provide direction related to the location of next yea's Space Coast League of Cities Monthly Meeting Hosted by the City of Cape Canaveral. Department: Administrative Summary: Historically, April has been the month for the City of Cape Canaveral to host the Space Coast League of Cities. In years past it has been held at the Radisson. However, this year the Radisson was not available and the event was held at Manatee Park. In as much as the event went well and it appeared everyone enjoyed the event, Staff would like direction as to whether Council wants to return to the Radisson next year or continue the event at Manatee Park. Requested Council Action: Provide Direction Financial Impact: Depends upon direction provided Attachments: None Submitting Department Head: NIA Date: Approved by Acting City Manager: arx �' Date: 4127110 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: May 4, 2010 *0/D Subject: Stormwater Permits - Manatee Park/Banana River Park Department: Public Works Summary: When constructing these two City of Cape Canaveral (City) parks, the City failed to obtain stormwater permits as required by the St. Johns River Water Management District (SJRWMD). Both parks "trip" the threshold values for requiring a permit (parking areas >4,000 square feet and recreational areas >5.0 acres). Some of the historical confusion arises from the fact that letters obtained from the SJRWMD in the past indicated that permits were not required. However, continued park improvements and the addition of millings to the parking areas have increased the amount of impervious surface area at each park. Furthermore, drainage improvements completed at Manatee Park were not permitted through the SJRWMD. In addition, since the parks were constructed without permits and have been in use for some time, the SJRWMD will be presenting the City with a consent order requiring the City to obtain permits for both parks — the consent order will also include a monetary fine for failure to obtain permits. The monetary fine will be waived if the City agrees to perform an alternative stormwater improvement project in another part of the City. This additional project has been proposed to the SJRWMD and verbally approved — therefore, there will most likely be no fine assessed in the consent order to the City. The City has obtained a cost estimate from Stottier Stagg and Associates (SSA) to complete the stormwater permit applications for each park, which must be submitted to the SJRWMD within 90 days of the effective date of the consent order (not yet received). Requested Council Action: City staff requests approval for (1) funds for SSA to prepare the stormwater permit applications (and associated work) for both parks and (2) the project proposed by City staff to the SJRWMD in lieu of the payment of a fine. Financial Impact: 1). Alternative project costs (in lieu of fine) - $9,006.00; and 2). Fees for the preparation of stormwater permit applications (both parks) - $25,000. These are non -budgeted items — funds are available in the City's Stonnwater Fund (403) — budget transfers will be required. Attachments: Supporting Documents Reviewed 1). Project letters from the SJRWMD. 2). SSA cost estimate. 3). Alternative Project Proposal. Submitting Department Head: Walter Bandish Date: 04/26/10 Approved by City Manager: �-q Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Project Letters Aug April 18, 2005 Fariborz Zanganeh Supervising Professional Engineer Department of Water Resources St. Johns River Water Management District 525 Community College Parkway SE Palm Bay, Fl- 32909 RE: City of Cape Canaveral Soccer Field SSA Job No. 05-0012 Dear Farlborz: PA P116 kb As we discussed on April 14th, the City of Cape Canaveral would like to construct a soccer field on an already cleared, graded and grassed field along the Banana River. This work will consist of discing the existing grass field, fill of approximately V to 2' of select material, and regrassing. In addition, a small swale will be excavated to provide some storm water management. It is noted that per 40C-42.022 Permits Required; (1) A permit is required under this chapter for construction (including operation and maintenance) of a storm water management system which serves a project that exceeds any of the following thresholds; and (c) Construction of 5 acres or more of recreational area. Recreation areas include but are not limited to golf courses, tennis courts, putting greens, driving ranges or ball fields. Since the project consists of only .77 acres hick is below this threshold, we feel that no permit is required. Please con m in w ' ' that this interpretation is correct. Your prompt attention to this matter is greatly crated. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar, PE Sr. Vice President QX O&O-r— ts. 11Fileserve6proj ects505-0012%Adm inV-snvmd.doe O � uj LL wo cc LU ! LL Cc S n )\ � ,J-�U, rc � � 2 OL & Z k � w CL wo LL ! LL Cc � )\ � �$ � k G § � 2 OL & Z k � w CL Sit. ohnRivers Water Management District Kirby B. Green 111, Executive Director • David W. Fisk, Assistant Execulh-e Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S. E. , Palm Bay, FL 32909 * (321) 984.4940 On the lntemet at wwwsjrwmd.com. May 4, 2005 Mr. John A. Pekar, P.E. Stottler Stag & Associates 8680 North Atlantic Avenue Cape Canaveral, FL 32920 Re: Exemption Request Concerning: City of Cape Canaveral Soccer Field Compliance No, 490796 Dear Mr. Smith: On April 21, 2005, the District received your written request for the construction of a 1.35 -acre soccer field within a 4.77acre vacant cleared, graded and grassed field. Specifically, the staff understands that the proposed construction consists of discing the existing grassed, place 1 to 2 feet of select fill material for good drainage and seed the soccer field. Based on the information provided, the proposed project does not trip the permitting threshold of Section 400-42.022(1)(C), F.A.0 of the stormwater rules. Therefore, this project is not require to obtain a permit from the District. This determination does not eliminate the necessity to obtain any other permits or authorization prior to start of activity approved by this determination, Please give me a call at (321) 675-6630 if you should have any additional questions or comments. Sincerely, Fariborz Zan , upervising P.E. Department of water Resources FZ: fz cc: PDS — Exemption Letter John Juiiia,Wanice Unger, Karen Boles GOVEANIN4 BOARD OmeldasD.Long,CHAIFHAN David G. Graham, YICEmRMAN R. Clay Albright,sFCRETARY Duane Ottensircer.TREASURFR AFOPKA JACKSOrMLLE OCALA JACASMNILLE W. Leonard Wood John G. Sowinski YfiRiam Kerr Ann T. Moore Susan N. Hughes FERHANG11" REACH ORLANDO MEL BU RNE BEACH GUNNELL PONTE VEORA 1%xi4facir Peace June 23, 2003 Permit Data Services St. Johns River Water Management District 525 Community College Parkway SE Palm Bay, FL 32909 RE: Manatee Park Improvements SSA Job No. 03-0031 Dear Permit Reviewer: The City of Cape Canaveral would like to add a pavilion and restroom with associated sidewalks and utilities to the existing Manatee Park. The project will also regrade an existing limerock parking area. The project will add 2,147 square foot of buildings and 2,330 square foot of concrete sidewalk for a total of 4,477 square foot of impervious area. A site plan is enclosed for your review. Please verify that these improvements are exempt from SJRWMD permitting. Please call if you have any questions or comments. Sincerely, STOTTLER STAGG & ASSOCIATES. Jason Schaefer. Project Engineer a �tECT- M7,!lL C11,1STC�C--,19.—� �`kl�►t+t\'. ex4-%<-.a\, Lam: 15 ��H.�C��c �+1.�tS cc: File _ St. Johns Mier dater Management District Kirby B. Green ill. Executive Director -John R. WeMe, Assistant Execullva Director 4 Mike Slayton. Deputy Executive Ditaelor John Julianne. Patin Bay service Center Director,1`199*lory 525 Community College Parkway S.E. - Palm Bay, FL 32909 • (321) 984-4940 July 7, 2003 Stot tler Stagg & Associates ATTENTION: Mr. Jason Schaefer 8680 North Atlantic Avenue Cape Canaveral, FL. 32920 Re: Alterations Proposed For Manaice Park Per. Det. #436639 Dear Mr. Schaefer: District staff received your request for a permit determination on, June 24, 2003, for the above - referenced project. T understand the project consists of regrading an existing limerock parking area and adding a pavilion, restroom, and associated sidewalks. The project will add 2, 147 sq. ft. of building area and 2, 330 sq, ft. of concrete sidewalk area to the site. No additional impervious surface is to be constructed at the site. Please be advised that construction of 4,000 sq. ft. or less of impervious or semi -impervious Surface area subject to vehicular traffic, or, construction of 9,000 sq. ft. or less of total impervious surface area is exempt from permit requirements pursuant to subparagraph 400- 42.072. Therefore, a Chapter 40C-42, Environmental Resource Permit is not required for the proposed wort:. This letter applies only to the requirements of the St. Johns River Water Management District and does not relieve you of meeting the permit requirements of other agencies. If you have questions regarding this permit determination, please contact me at (321) 676-5607. Sincerely, Garry Cook, Water Resource Representative Department of Water Resources GLC: ac cc: John Juilian Janice Und PDS -NPR GOVERNING BOAR13 OM64iy50.Long,VICE CWAVA1 R. ClayAtbrghl SELac1ARY U3',,m vraharrr,]nEam,j7 + JiCES:019 t ;PQF1KA (_sr.1 t'J :X -hail a:?R-+t John G. 5m'naaxi PdlGam Ken Ann T. Moore Camma A Vlakr ME1MlwrE6EAelr suur,eu atsu:.lrc;PuaS SSA Cost Estimate April 26, 2010 Mr. Jeff Ratliff City of Cape Canaveral 100 Palk Avenue Cape Canaveral, FL 32920 SSA RE: SSA Fee Proposal for Stormwater Management Permit Applications for Manatee and North Banana River Parks Dear Jeff: Based on our City/SSA joint meeting of April 22, 2010, we have revised our Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) proposal for Manatee and North Banana River Parks. Per City direction, SSA will prepare SJRWMD ERP applications for each Park, based on surface water management treatment, using existing park swale areas. These applications will not reflect final drainage plans for either park, but will be directed towards minimum standards required for the SJRWMD application(s). Future modifications to these plans are anticipated. SSA's specific scope of services will include: SSA SCOPE OF SERVICES _Task I — Field and Location Surveys: Using the boundary surveys prepared earlier by SSA, a topographic (and location) survey will be prepared for each Park. SSA will field supplement our earlier topographic surveys which were used for designs of segments of the Parks, to generate complete topo of each site. Task 2 — Preliminary Surface Water Management Plans (Manatee & North Banana River): Using the existing park swale systems and depression areas, SSA will prepare a drainage plan. Storage for storm runoff will be evaluated in the swale systems. Prior to hydrologic modeling of the system(s), SSA will meet with the SJRWMD to review the proposed drainage concepts. Past City construction within the parks (such as the kayak ramp, millings in parking areas, etc) will be included in the evaluation. If the existing pump system at Manatee Park requires engineering of systems at the WWTP, this will be considered an additional service. Task 3 — Hydrologic Modeling: Following the SJRWMD initial meeting and upon City agreements on each of the park's surface water management plans, SSA will perform onsite hydrologic computer modeling per agreed upon retrofit SJRWMD conditions. (For this work, the City will furnish a soil goetech who will provide permeability values for stormwater infiltration areas. SSA will closely coordinate where tests are to be taken. The subconsultant will directly invoice the City for their work). STM=R STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North AtDmtic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 11c. #AAC000329 #EB0000762 #LB0006700 Mr. Jeff Ratliff April 26, 2010 SSA Fee Proposal — Stormwater Management Permit Application Page 2 for Manatee and North Banana River Parks Task 4 — SJRWMD Applications: SSA will prepare the supporting exhibits, text, calculations and drawings for each of the City Parks. (The City will pay all application fees to the SJRWMD). In the submission of these permit applications to the District; they will copy the Army Corp of Engineers. The ACOE may also require permit applications (with application fees) especially for the Kayak launch ramp in North Banana River Park. If these ACOE applications are requested SSA will perform this task as an additional work task under our contract. Task 5 - Requests for Additional Information: Most agency permit applications require some response to their questions. SSA will provide for the Districts RAI's under this task. If needed, an SSA/Cape Canaveral Public Works meeting may also be necessary to assist in the permit processing. SCHEDULES AND FEES Schedule: Upon City authorization to proceed, SSA will complete Tasks 1 and 2 above within twenty (20) working days. Following the City team reviews of the preliminary surface water plans a final schedule will be given for permits submittal. Fees: SSA fees for the above tasks will be a lump sum as follows: (Fees include work for each Park.) Task 1 - Field & Location Surveys - A lump sum fee of......................................$6,500.00 Task 2 - Preliminary Surface Water Management Plan - A lump sum fee of .... $5,000.00 Task 3 - Hydrologic Modeling...........................................................................$4,500.00 Task 4 - SJRWMD Application - A lump sum fee of ................................. .........$5,500.00 Task 5 - Request for Additional Information - A lump sum fee of.......................$3,500.00 Total................................................................................................................ $25,000.00 Print costs for Agency submissions will be included in this fee. Two applications will be submitted, one for each Park. SSA's work will be invoiced based on a percentage of work completed and will be billed monthly with payment due within thirty (30) days of receipt. Additional services not included in the above tasks such as ACOE permits, offsite work, updated boundary surveys or park building designs will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. U.Uaan So3oriva%CMLRojects4PROPOSALICity of Cape CanareraR2010 ProposatstP-Ratliff Stor mvater pem5t manatee and banana dyer parks R 4.26-10.doc Mr. Jeff Ratliff April 26, 2010 SSA Fee Proposal — Stormwater Management Permit Application Page 3 for Manatee and North Banana River Parks It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Client hereby agrees to pay all costs of such collections including Attorney's fees. The Client and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Client nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through June 15, 2010. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by City approval and receipt of a City purchase order. We are looking forward to working with you on this project. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. ACCEPTANCE: BY: John A Pekar, PE Senior Vice President TITLE: JAP: cs DATE: U.Uoan SottodvatCIVlLTrojects4PROPCSAL1City of Cape Canaveratm2010 ProposalsT-RaNitf Stormwater penrit manatee and banana river parks R 426-10.doc Alternative Project Proposal MEMORANDUM TO: Marc van Heden, PE St. Johns River Water Management District FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: March 15, 2010 RE: Proposed Stormwater Project City of Cape Canaveral, Florida The City of Cape Canaveral (City) proposes to install stormwater hydrocarbon filtration systems at two locations located along SR A1A. These two locations were selected based upon the anticipated high concentrations of hydrocarbon compounds, metals, etc., in stormwater that flows to the inlets (see attached maps). Inlet #1 would be placed inside the stormwater inlet located adjacent to the existing Chevron station — this inlet receives untreated stormwater runoff from the gasoline station. Inlet #2 would be placed inside the stormwater inlet located at the intersection of International Drive and SR AIA — this inlet receives a large amount of untreated stormwater runoff from both streets due to the slope of the roadways. The storrnwater hydrocarbon filtration systems will be purchased from EcoSense International of Merritt Island, Florida (see attached information and cost estimate). Approval will be required from the Florida Department of Transportation (FDOT) since they maintain both inlets. The costs for the two inlets are as follows: 1). Inlet #1 - $4,468.00 2). Inlet #2 - $4,538.00 Total cost of $9,006.00 These stormwater inlets will be monitored by City staff as part of a pilot program. If successful in trapping a significant amount of hydrocarbon compounds, the stormwater hydrocarbon filtration systems may be installed inside other stormwater inlets throughout the City. �' r ik- d-: c --t,- ,.-6..__ r ik- d-: c E5* EcoSense Int'I, Inc. ew5mse InfFrnatlona! PO BOX 540562 Merritt Island, FL 32954-0562 I Name/Address City of Cape Canaveral Jeff Ratliff, Stormwater Admin Quote Date Quote # 2/19/2010 51500738 Ship To/Install City of Cape Canaveral Jeff Ratliff, Stormwater Admin THIS IS NOT A BILL! This quote has been provided to you for your convienence. Please sign and return to indicate your acceptance of this quote with a purchase order. Phone # Terms Sales Rep FOB Lead Time 321449 0325 30% down/ net 30 RB Line # Part # Description Qty Cost Total BP -1 unassigned Hanging Box, 26 x 30 x 9, (1)-43.5, (3) 4"OF, 1 1,493.00 1,493.00T IDD BP -2 unassigned Hanging Box, 4I x 24 x custom, (1) 93.5, (4) 4" 1 1,769.00 1,769.00T OF, (1) DD BP -3 unassigned Hanging Box, 22x 22 x 10, (I) #3.5, (1) 4" OF, 1 1,283.00 1,283.00T (1) DD Shell-] unassigned Flanging Box, 40 x 38 x 13, (2) #5.0, (6) 4" OF, 1 2,312.00 2,312.00T (2) DD Mobile -1 & 2 unassigned Filtration system, 48 x 38, (2) #3.5, (8) 4" OF, 2 2,660.00 5,320.00T (2) DD Int. Dr -I & 2 unassigned Hanging Box, 40 x 38 x 13, (2) #5.0, (6) 4" OF, 2 2,269.00 4,5 (2) DD Chevron -1 unassigned Filtration system, 48" Dia. split, (2)45.0, (8) 4" 1 4,468.00 4,468.00T OF, (1) DD C of C Parking unassigned Filtration system, 48" Dia. split, (2) 45.0, (8) 4", 1 4,030.00 4,030.00T (1) DD N. Atlantic & unassigned Hanging Box, 36 x 37 x 16, (2)#5.0, (5) 4" OF, 1 2,745.00 2,745.00T AIA (2) DD 0.00% 0.00 Total $27,958.00 THIS IS NOT A BILL! This quote has been provided to you for your convienence. Please sign and return to indicate your acceptance of this quote with a purchase order. Phone # Fax # E-mail Address Web Site 321 449 0324 321449 0325 jeanette.miraglia a ecosenseint. corn www.EcoSense1NT.com Storm Debris Systems Stormwater Filters EcoSense lnt�rnational Retrofit applications! "Clean Pass" overflow allows full discharge yet still detains floatable s "Dry Drains" allow the filter sediement chamber to dry- ing and nutrient buildup EcoSense International, Inc.TM stormwater filtration systems are internationally tested and utilized struc- tural devices which have demonstrated hydrocarbon removals of greater than 95% and the effective re- moval of additional pollut- ants including: • Suspended and emulsified oils • Grease • Fuels • Phosphates • Nitrates • Volatile Organic Com- pounds • PCBs • Organically bound heavy metals EcoSense lnternationalTm debris and TMDL reduction filter systems are made of high-density polyethylene, stainless steel and alumi- num, making them lightweight, dura- ble, simple to install and maintain. EcoSense International, Inc. P.O. Box 540562 Merritt Island, Florida 32954 USA Phone: +001 (321) 449-0324 Fax: +001. (321) 4490325 www.EcoSenselnt.com "Simple Solutions to Stormwater Pollution" City of Cape Canaveral City Council Agenda Form Subject: Consideration of adoption of the International Property Maintenance Code, 2009 ed. Department: Code Enforcement Summary: The City of Cape Canaveral adopted the International Property Maintenance Code (1PMQ 1998 ed. Several editions have been published since. The currently -published edition is the 2009 IPMC. Staff requeststhat City Council consider updating to this newer edition. Staff updated a survey of all Brevard County jurisdictions outside of Cape Canaveral (16 jurisdictions) asking additional questions related to adoption of the IP C. Requested Council Action: Direct City Attorney's office to draft an ordinance revising City Code Section 82-221 to adopt the 2009 edition of the C. Fin incil Impact: No iimpact. Attachments: ri Supporting Documents Reviewed Portion of minutes from December 15, 2009 City Council regular meeting. City Code See. 82-22.1. Staff memo to City Council. Updated Survey of Brevard County Jurisdictions, City of Titusville's revisions to the TPMC 2007. Submitting Department Head: Todd Mor ing, Official Date: April 26, 2010 Approved by Acting City Manager: Date: It Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain r �1oi� �i'j�j' C.pl.��tCr� �'��u��r �yj�, • /���f RISCUSSION: 10. Possible revisi n Cha ter 82-221 to adaRl the 2009 editionofi #3e In ernglion@1 Property Maintenance Code: Todd Morley, Building Official, explained the need for updating the new code and noted the recommendation of the Business and Cultural Development Board to adopt the code revisions. Discussion ensued and included the need for further review of the code to ensure no conflicts with other sections of the Code of Ordinances; the code is being used as a tool during the re- development efforts; and staff needing to use their Judgment to enfo roe the code. Questions were answered by Mr. Morley and City Attorney Garganese. Consensus was reached for Mr. Morley to return for further discussion after he obtained a listing of additions/ deletions from other municipalities, as well as If the municipality has not adopted the new code; why not ARTICLE IX. INTERNATIONAL PROPERTY MAINTENANCE CODE Sec. 82-221. International Property Maintenance Code adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. (Ord. No. 06-2001, § 2, 124-01) Secs. 82-222--82-232. Reserved. Memo Date: April 26, 2070 To: City Council, ria Angela Apperson, Acting City Manager From: Todd Morley, Building Official RE: International Property Maintenance Code (IMPC) 2009 On December 15, 2009, City Council considered updating the 1989 IPMC to the 2009 IPMC. A survey of Brevard Count)- jurisdictions was presented which answered these questions: 1. Does your jurisdiction currently enforce aversion of the IPMC? 2. If so, which edition? 3. If so, has your jurisdiction adopted it in its entirety? Staff -,vas directed to ask one additional question and update the survey: 4. Why has your jurisdiction not adopted the 2009 IPMC in its entirety? The newly updated survey indicates that: • Two (2) jurisdictions intend to adopt the 2009 IPMC, • One (1) jurisdiction has no initial opposition to adoption, • Five (5) jurisdictions have not considered updating, • Two (2) are adopting local codes based on the IPMC, • Four (4) jurisdictions did not respond, • Two (2) jurisdictions have adopted modified versions of the IPMC — Palm Bay and Titusville. Pahn Bay modified only one (1) section which dealt with "Means of Appeal". The City of Titusville made ten (10) changes. A summary of Titusville's changes: Chapter Section Action taken Administration 103.1, All deleted. 103.2, These sections dealt with the establishment of the "department of property 103.3, maintenance inspection". Titusville stipulated here that the existing City 103.4, Codes and Ordinances shall apply and prevail (Code Enforcement and 103.6 Department). Administration 1062, All modified. 106.3 and These sections dealt with procedural aspects of the Code Enforcement 106.4 Board Administration 107.1, All deleted. 107.2, These sections dealt with notices and orders. Titusville stipulated that the 107.3 and existing provisions of the existing Code of Ordinances shall apply to notices 107.4 and orders (CEBprocedures). Administration 109.5 Modified. This is a portion of the subsection entitled "Emergency Measures". Titusville added language regarding the recovery of demolition costs. Administration 110.3 Modified. This is a portion of the subsection entitled "Demolition". Titusville added language regarding foreclosures, recoverability of attorney's fees and the riority of City liens. Administration 111 Modified. This section clarifies that the BOA is Titusville's appellate body for IPMC matters. General 302.4 Deleted. Regulations This section deals with weeds. Titusville opted to expand this section by placing the exterior trash and noxious growth provisions of their exterior ro maintenance code in place of the IPMC section ISdin weeds. General 302.8 Deleted. Regulations This section deals with Motor Vehicles. Titusville opted to place relevant portions of their existing abandoned/inoperable vehicle code in place of this section. General 303.15 Modified. Regulations This section deals with insect screens. Titusville modified this section to apply only to swinging screen doors. Mechanical 6.02.3 and Both deleted. and Electrical These sections deal with minimum indoor heating. Titusville deleted these Requirements 6.02.4 two sections. Survey of Brevard Coup . Municipalities re: Intemational Property Maintenance Code Adoption Survey amended: January 5, 2010 Municipality IPMC? Edition? Entirely? Where applicable, why has your jurisdiction not adopted the 2009 IPMC entirely? Brevard County No Staff is working on property Maintenance code amendments which are modeled on the II'MC Cape Canaveral Yes 1998 Yes Cocoa Yes 2003 Haven't yet purchased the 2009 version. No initial opposition to adoption. Cocoa Beach Yes 2006 Yes Continuously adopting the newest version. 2009 will soon be adopted in its entire . Grant-Valkaria NIR NIR NIR N/R Indialantic NIR N/R NIR N/R Indian Harbor Beach No Has not considered adopting a current version of the IPMC. Malabar No Plans to adopt the IPMC very soon. Melbourne Yes 2000 Has not considered adopting a more recent version of the IPMC. Melbourne Beach No Currently writing a local code based on 2006 IPMC Melbourne Village NIR NIR. N/R N/R Palm Bay Yes 2009 No Removed Sec. 111 Means of Appeal Palm Shores NIR NIR NIR NIR Rockledge Yes 2006 Yes Has not considered adopting a more recent version of the IPMC. Satellite Beach No Has not considered adopting a current version of the IPMC. Titusville Yes 2006 No Numerous additions and deletions West Melbourne No Has not considered adopting a current version of the IPMC. Sec. 6-109. International property maintenance code adopted. (a) The property maintenance code entitled "'International Property Maintenance Code"' is hereby adopted by reference as the property maintenance code of the city and all provisions therein are made a part of this chapter the same as if they were set forth herein in full- provided, however, that when the provisions of the International Property Maintenance Code conflict with the provisions of this chapter and/of other provisions of the Cityof Titusville Code of Ordinances, the more restrictive provision shall, apply, IN111@111111JIM Further provided that all property within the corporate limits of the city shall comply with the provisions of the International Property Maintenance Code unless exempt by such code. One (J) copy of such code is on file in the of of the city clerk or building official. (b) The intent of the property maintenance code shall be to establish the minimum regulations governing the conditions and maintenance of all property, building and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; known as the property maintenance code. (c) The latest publication of the International Property Maintenance Code, 2007 Edition, as it may cliange fi-oni time to tinie, as published by the International. Code Council, Inc., with appendices, standards, requirements and penalties provided in such code are hereby adopted by reference as the property maintenance code of the city. All references to the property maintenance code, which are found in the City of Titusville Code of Ordinances, shall refer to the edition of the International Property Maintenance Code, 2007 Edition, adopted in this section. Nothing in this code is intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by this code, providing technical documentation is submitted to the authority having jurisdiction to demonstrate equivalency and the system, method or device is approved for the intended purposes. (d) The following sections of the International Property Maintenance Code are hereby revised as follows: ( I ) That Sectio/is 103.1, 103.2, 103,3, 103.4, and 103),6 are hereby deleted and the existing City Codes, and Ordinances shall apply and prevail, ("rhe section above dealt with the establishment of the department of property maintenance inspection) (2) That Sections 10!62, 1063 and 106A are hereby deleted and the existing provisions of the Code of Ordinances shall prevail, and which are as follows: .�'ec. 31-66. Poijers aml chilies. The Code Enforcement Board shall have such duties, responsibilities and powers as set forth in and shall be governed in all resr,tects bo Fl WK form time to time by the State Legislature. of the contents of such notice. At the option of the Code Enforcement Board, notice may additionally be served by publication or posting. (d) All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. (e) At the conclusion of the hearing, the Enforcement Board shall issue Findings of Fact, based on evidence of record and conclusion of law and shall issue an Order. The Order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the Order is not complied with by said date. (f) If the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board rehearing, and the notice shall so state. Sec. 31-69. Administrative ,fins and liens. (a) The Enforcement Board, upon notification by the Code Inspector that an Order of the board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine. (b) The order of the board may require the violator to pay a fine, not to exceed two hundred fifty dollars ($250.00) per day, for each day that the violation continues past the date set in the order for compliance. In the case of a repeat violation the board may order the repeat violator to pay a fine not to exceed five hundred dollars ($500.00) a day, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of violation or repeat violation has been made, then a hearing shall not be necessary for the issuance of an order imposing the fine. A certified copy of an order imposing a fine may be recorded in the public records of Brevard County, Florida; and once recorded, it shall constitute a lien against the property upon which the violation was found to exist, and upon any other real or personal property owned by the violator, and upon petition to the circuit court it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of the court except for enforcement purposes. The lien shall be superior to all other liens or encumbrances, including prior recorded mortgages or judgments and only inferior to liens for taxes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose the lien, whichever occurs first. After three (3) months from the filing of any such unpaid lien, the board may authorize the city attorney to foreclose upon the lien. The duration and effect in such lien shall be consistent with Florida law, which is a period of twenty (20) years. (1) In determining the amount of the fine, if any, the Enforcement Board shall consider the following factors: (aa) The gravity of the violation; NVA MMUMMMEAMBESM (The section above dealt with procedural aspects, of code enforcement �board) (3) That Sections 107. 1, 107.2, 107.3 and 10:7.4 are hereb�y deleted and the Wyk&Wg *:4i t *-Xviasoa-MI [See Section (il) (2) above] (The section above deaft with more procedural aspects of code enforcement) (4) That Section 109.5, entitled Cost qfEmergenc y 1ptfirs, is amended to read as follows: Costs incurred if] the performance of emergency work shall be paid by the jurisdiction, subi.ecl, however to the moviSiOD as provided for by applicable law that the City may seek reimbursement from the proMM owner of the Derson creating the need for the emerg,,enQLfgaair and the cost incurred by the City ma be recovered and the City may im.pose a lien. upon said propertyfor said costs. The lien shall be SUDerior to all other liens or encumbrances, includiMy Drior recorded mortgages or judgments and only inferior to liens for taxes. hi the event the owner or person creating the need for the einergency repairs, fails and refuses to pay or reimburse. the City for the costs, then inn that event, the City,. is authorized to foreclose said lien in accordance with the provisions as provided for by law for foreclosure of municipal liens, and the Cijy may recover its reasonable attor1hey's fees and costs, (5) That Section 110. x, entitled Failure to (.7omply, is amended to read as follows: 1HOOM112 fees and casts for foreclosing said lien and the foreclosure grocedure shall be as authorized by law for foreclosure of municipal liens. (The section above is a portion of the subsection entitled "Demolition". The underscored and highlighted portion was added by the C"Ity of Tiltusville.) Section 553.73 (1989), including any conflicts between the local building official and local fire official concerning the application or interpretation of the minimum building code and minimum safety code. (c) Appeals, variances and interpretations, shall not extend to decisions of an administrative official relating to public projects; or public policy decisions made by the City Council. Sec. 31-52. Appointment and terms of office. (a) The Board of Adjustments and Appeals shall be composed of five (5) regular members and two (2) alternates. All members shall be residents of the City of Titusville for at least one (1) year and be a registered voter. Members of the Board shall consist of the following: (1) At least three (3) of the regular members of the Board shall be persons with the following expertise/experience in at least one of the following disciplines: a. A licensed architect, engineer, landscape architect or surveyor, b. A general or building contractor; c. A person associated with the building trades industries; d. A person having an education degree (bachelor or master degree) in urban planning or with a current American Institute of Certified Planner certification; e. A person with a minimum often (10) years experience in land development or urban planning field. (2) The other two (2) remaining members of the Board and the two (2) alternates may be appointed from the City citizenship at large. (b) All five (5) regular members and the two (2) alternates of the Board shall be appointed by the City Council for two-year terms. There shall be appointed at the second regular meeting in July of each odd -numbered year three (3) regular members and one alternate for two-year terms, and in each even -numbered year, two (2) regular members and one alternate for two-year terms. The term of the members appointed shall commence on August 1, and shall be for a period of two (2) years or until their successors are appointed. (c) The City Council shall fill any vacancy occurring on the Board, and such appointment shall be for the unexpired term of the vacancy. The alternate members may serve on the Board in lieu of a regular member when said regular member is unable to attend an official meeting of the Board or when a regular member has a conflict of interest on any item, and said alternate shall serve for the entire meeting. (d) Members of the Board may be reappointed to successive terms without limitation. (e) Members of the Board may be removed at the discretion of the City Council. If any member of the Board is convicted of a felony his position on the Board shall be forfeited immediately and his seat vacated. The seat of any member who is absent from three (3) or more meetings during any period of six (6) successive months shall be vacated, unless such absences are officially excused by a majority of the Board members. Sec. 31-53. Organization and meetings (a) The Board shall establish rules and regulations of its own procedure not inconsistent with the provisions of these Land Development Regulations. The Board shall meet on the fourth Wednesday of every month or in any event frequent enough so that business of the Board may be expeditiously completed. (b) Minutes shall be kept of all Board meetings. (c) The Board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Chapter 47, Articles VIII and IX of these regulations. (d) All meetings of the Board shall be open to the public and the agenda for same shall be available to the public at least twenty- four (24) hours prior to the meeting. (e) Board members shall be subject to Chapter 286 F.S., the "Open Meetings Law." (f) Four (4) members of the Board shall constitute a quorum. In varying the application of any of the provisions of any City ordinance or in modifying any order of any administrative City official, concurring votes of four (4) members of the Board shall be necessary. If four concurring votes can not be reached, the subject matter before the Board shall be considered denied. (g) The procedure for a member to withdraw, abstain or be excused from voting is in accordance with Section 112.3 143, Florida Statutes. Sec. 31-54. Board of Adjustments and Appeals officers and staff. (a) At its first regular meeting in August, the Board shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as Chairman and preside over the Board's meetings and one member to serve as Vice -Chairman who shall preside in the absence or withdrawal of the Chairman. (b) The Chairman shall sign all correspondence for the Board and shall sign all opinions of the Board. (c) The Chairman or any member temporarily acting as Chairman may administer oaths to witnesses coming before the Board. (The section above clarifies that the BOA 'is Titusville's appellate body for IP'MC matters) � ,. 4 "' � � i ; .If iM ' �r � � I i I � i r ,If � �''� � f �, � YL� � i �i� ; 1 1 �► '; M ., 9M � i� s r fi � � � � l • • � w" � � !" � w� � �,; � ,� ; ,. � M �� �� � � 'r k � � � � �r• � �r �a� w� -r � � .., rr� yyyy 4 fi K i ' � � # Mfl � � ' 1 " �, � s i � 1. !� � 1 "M " ; !� t �i i 1 N� � 't � � ' �1 11G � : � � N"� �" • �' +► i � � , �% � �� �' � Code Enforcement Officer" &e. 13-3'1, Protest by property owner; council determination finaL (a) If the property owner or his duly authorized agent elects to protest the notice as set forth in sections 13-29 and 13-30, lie inust file a written appeal with the city clerk within ten (10) days o,f the date of the notice to the owner. The appeal shall be placed on the agenda of the next regular city council meeting and the city council shall determine conclusively whether the condition described in section 13-26 exists. Such determination shall be final, If the owner or duly authorized agent fails to appeal the notice as set forth in sections 13-29 and 13-30 in the time prescribed, the owner or agent shall waive any right to qi ion whether or not the condition as described in the notice to the owner or agent did, in fact, constitute a public nuisance and the owner or agent shall not be entitled to raise that defense in any subsequent foreclosure proceeding or any other proceeding incident to lot cleaning, charges should not constitute a lien against the property, provided, however, that the finding by the city council that the condition described herein and notice to the owner thereof exists, shall be final. (Titusville has opted to place relevant portions of the their exterior prope, rtyr maintenance code 11. en place of the IPMC section regarding weedsl (8) That)ection 302.8, entitled Motor Vehicles, is hereby deleted and the current provisions of the Code of Ordinances as contained in Sections 13-71 through 13- 74 shall prevail as provided for in the Code of Ordinances of the City of Titusville, which provide as follows; ,�'ec. 13-71. Abandomnent qI'vehiclesprohibiled No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. Sec. 13-72. Leaving of wrecked, nonoperating vehicle on street pr ohibite,d No person shall leave any partially dismantled, nonoperating, wrecked or, junkedvehicle on any street or highway within the city. No vehicle shall be parked on any street, highway or right-of-way within the city unless the vehicle has a current automobile tag. ,Sec. 13'-73. Wrecked, discarded vehicles; time limit or disposition; exception. (a) No person in charge or in control of any property within the city, whether an owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or dismantled vehicle to remain on such property longer than seventy- two (72) hours, No person shall leave any vehicle on any property within the city for a longer time than seventy-two (72) hours unless the vehicle has a current automotive tag. (b) This chapter shall not apply with regard to a vehicle in an enclosed building or carport, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or a vehicle in an appropriate screened storage space, or depository, maintained in a lawful place and manner in the city. Sc. 13-74. Impounding of vehicles. (a) A whoriti; g1'citil rrrr rrcr Ar The city manager is hereby authorized to remove or have removed any vehicle left at any place within the city which reasonably appears to be in violation of any provisions of this division or lost, stolen or unclaimed, Such a veliFe-Fe—s-fiall be impounded until lawfully claimed or disposed of in accordance with this division, (b) Notice. Wbe�never the city manager determines, that there has been a violation of any provision of this division, then the city manager shall cause a notice to be placed upon such vehicle, in substantially the following form: "Notice to the owner and all persons interested in the attached property. This property to w& (setting forth brief description), located at (setting forth brief description of L%AmthVA), . . .1 ##41—ISI-10-e-J-2 forth ordinance regulation violated):, and must be removed within 10 days from the date of this notice; otherwise it shall be destroyed by order of the City of Titusville. This order maq be a�1 pealed bp____ city clerk on or before 4 hours from the time said vehicle is ordered to be removed. "Dated this (setting forth date of posting notice)i, gne& (setting forth name, title, address and telephone number of City Manager or designated representative)." If the: vehicle in violation of this division is located on any public street or highway, such notice as stated above may require the vehicle to be removed within twelve (12) hours from the placing of the notice on such vehicle, and if it should be determined by the city manager that the location of such vehicle on the public street or highway of the city constitutes a hazard, such vehicle may be, under the circumstances, immediately impounded to protect the health, safety and welfare of the citizens of the community. (c) Aly? al Any person may postpone the operation of such order of the city manager by filing a notice of appeal with the city clerk on or before four (4) hours froin the time such vehicle was ordered to be removed. If such appeal is filed, the city manager shall not take action until such appeal is reviewed by the city council at its next regular council meeting following the filing of the notice of appeal. In the event the appeal is denied, such automobile shall be removed, at the owner's expense, within twenty-four (24) hours after the person making the appeal is notified of the adverse decision by the city council. If the appeal is granted by the city council, the order of the city manager shall be of no force and effect.Appeals to any section of this division may be: sought through the city council, (d) Dios j.)osilion (?ft,ehicle. If the vehicle is not removed in accordance with the notice set forth in subsection (b) above, the city manager may cause the vehicle to be removed and such vehicle may be disposed of in any manner as determined by the shall M e retained by the city. (e) Reckfinfing vehicle. The city manager shall cause the vehicle to be retained by the city for a period of twenty (20) days after such vehicle is removed. if, at any time during the twenty -day period oval, the owner provides proof of ownership (title, registration, a bill of sale) to the city manager and pays the required fee to the city, the: owner shall be issued a release which will allow him to pick up the vehicleat the depository where the vehicle has been stored, The owner will be required to remove the vehicle: from the depository to a satisfactory place of storage within forty-eight (48) hours. The owner will be required to pay towing and storage fees as set forth by city contract and a twenty-doltar administrative fee. (f) Penalty.for obstruction. Whoever opposes obstructs or resists the city manager or any person authorized by the city manager in the discharge: of his duties, as provided for in this section, upon conviction shall be punished pursuant to section 1-15, (g) Immunityftom provecution. The city manager or the city shall not be liable for damages caused during the removal or impounding of any vehicle impounded or disposed of in accordance with the provisions of this division. (9 o read as follows: 303,15 Insect screens., During the entire year, every do�or, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every sefee swinging door ased for inseet een#a shaft have a sell - closing device in good working condition, I (Titusville modified the IPMC section regarding insect screens, to apply only, to swinging screen doors) (10) That Sections 6 02.3'' and 6,02.4 of the International Property Maintenance Code are hereby deleted. (Titus'v"We deleted the IPMC sections regarding milmmum indoor heat"Ing)