HomeMy WebLinkAboutPacket 05-04-2010 RegularCity of Cape CanaveraJ
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Tuesday
May 4, 2010
7:0O PM
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City of Cape Canaveral Appreciation of Retired Employees — Larry McCormack an
Melton Taylor
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7..25 p.m. — 7.40i p.m.
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Council may schedule suc°»®«»2 regular agenda items and act upon he ir
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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.
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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
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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.
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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
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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
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_ 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
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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.
�'
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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)
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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)