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HomeMy WebLinkAboutPacket 03-02-2010 RegularCity of Cape Canaveral CALL TO ORDER: PLEDGE OF LL I1 ROLL CALL: REPORTS: City Manager Staff -0 M-7:1111,1111110111 7.15 p.m. — 7:45 p.m. 201 Polk Avenue Tuesday March 2, 2010 7:00 KII, WMIA I IN 111111116 IIIA 1410161il h IDIIII-A M i• HIE IM T41149121110- Ill Council may schedule such items as regular agenda items and act upon themil in the future. T-45 p.m. — 8.-00 p.m. I Approve City Council Regular Meeting Minutes of January 1: 9, 2010 and February 2, 2010. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 'relephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaverat.org - email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida March 2, 20 10 Page 2 of 3 2. Approve and Issue a Proclamation designating National Public Worka Week to be celebrated May 16-22, 2010. 3. Approve Resolution No. 2,010-03; Appointing a Second Alternate Member to a First Alternate Member to the Recreation Board (D. Raymond). 4. Approve Outdoor Entertainment Permiit for the City's Spring Festival & Vendor Expo March 13�, 201'0 and waive fees. 5. Approve Outdoor Entertainment Permit for the City's Movie in the Park March 19 0 20101 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 Manate�t Sanctuary Park, Monday, April 12, 2010, M00-11jr,�1 M 9. Review and Approvof two! (2) Seasonal Summer Camp Counselors for eleven (11) weeks, not to exceed a total of thirty (30) hou eac!tweeie,. A pm. — 91-15 p.m. 1 O. Cape Caribe Development Items-, (a.) Motion to Adopt: Ordinance 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 Pilan. 11. Motion to Adopt: Ordinance No. 012-2010, 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 City of Cape Canaveral, Florida March 2, 2010 Page 3 of 3 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 Resolutions, Incorporation into the Code, Severability, and an Effective D. at second' ,eading. 12. Outdoor Entertainment Code Items: (a.) Motion! to Adopt: Ordinance No. 04-2010, Repealing the Existing Provisions of Article I 11, 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 Prior Inconsistent Ordinances and Resolutiionis, Incorporation into the Code; 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 and Entertainments, 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. 10 '0 "', I'll, GIFF"WIMEM0 f 0 A IM REPORTS: 9-30 P.m. P.m. CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY January 19, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:19 P.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 Official Todd Morley Planning & Development Director Barry Brown Sheriff's Dept. Lt. Mike Demorat PRESENTATIONS: Brevard County Sheriffs Department — Recognition of Deputy of the Month Mayor Randels apologized for the late start of the meeting. Recreation Director Robert Lefever suggested the Sheriffs Department make their presentation before him. Brevard County Sheriff's Department Lieutenant Mike Demorat recognized the Canaveral Precinct's December Deputy of the Month as Deputy Manley. He presented the Deputy with a plaque and shared some of the details of an incident that happened on December 7th in the unincorporated area of Avon -by -the -Sea. While on patrol, Deputy Manly was able to conduct a safe traffic stop and arrest three (3) males who had City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 2 of 8 threatened a resident on Hayes Avenue with a shotgun and burglarized the home. Council thanked Deputy Manly for his efforts. Lt. Demorat also announced the State of Florida's new Juvenile Civil Citation Program; an alternative to arrest for juveniles who commit certain misdemeanor offenses. 94th Annual Reindeer Run/Walk Presentation to the United Way Robert Lefever, Recreation Director, stated they had a total of 32 sponsors for the event, the most people they have ever had to participate and thanked those that volunteered. There were 423 runners this year, compared to just over 350 runners last year. He recognized the major sponsors, those who donated over a $1000 in cash or services, to accept their awards: The Running Zone — Don & Daniece Pearcy Waste Pro of Florida, Inc. - Ted Ogelsby Clear Channel Outdoor - Chris Ashley Brighthouse - Jim Platman Brown, Garganese, Weiss and D'Agresta - Anthony Garganese Light Rock 99.3 - Mike Lowe and Mindy Levy Mr. Lefever also presented an award of thanks to Race Director Fran Norman and he presented a proceeds check in the amount of $7,166.39 to Ms. Bethanne' Hall, Communications Director, of the United Way. Council thanked Ms. Hall and Mr. Lefever for their efforts. Community Visioning Report — Community Visioning Committee represented by Chair, John Porter John Porter, .Community Visioning Committee Chair, and Phil Laurien, Executive Director, East Central FloridaRegional Planning Council (ECFRPC), took the podium and had those Community Visioning Committee members who were present stand up and be recognized. Mr. Porter stated the purpose tonight is to present Council with the report and look to Council for leadership and recommendations on a way forward. He relayed the Visioning Committee is willing to continue to serve and execute the plan if Council so wishes. Angela Apperson, Acting City Manager, reminded Council they previously gave direction to have this presentation this evening with questions and then schedule a workshop with the City Council, the Community Visioning Committee and representatives of the Volunteer Advisory Boards. After which, Council would meet with Staff and at that point, she believed Council would then assign tasks. Mr. Laurien shared the merits of the Community Visioning Report through a presentation and pointed out the need to thank Mr. Marcus Bastian who spent 60 unpaid hours creating the artist renderings. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 3 of 8 A motion was made by Mr. Hoog and seconded by Ms. Walsh to accept the Final Visioning Report. Discussion took place regarding the advisory role Mr. Laurien played in the implementation of the Visioning for the City of Tavares and how the City of Cape Canaveral might implement its Visioning plan with City staff and consultants; creating Cape Canaveral's own "part -of -call" and supporting a cultural environment; fixing the zoning plans and codes before development; a Regional Economic Model (REMI) model run offered for free by Mr. Laurien. The City Council thanked Mr. Porter, the Community Visioning Committee and Mr. Laurien for a great job. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. Council came to consensus on scheduling a joint workshop with the Community Visioning Committee and Advisory Board Representatives for Tuesday, February 23, 2090 at 5:30 p.m. Mr. Porter expressed thanks to the City Council for passing the motion unanimously. Economic Development Report — Kim Agee John Anderson, resident, briefly explained his involvement in coordinating the Economic Development Plan and noted Kim Agee, Agee Consulting, previously had been with the Space Coast Economic Development Commission as the Managing Director for sixteen years before starting her own consulting agency. Ms. Agee introduced herself, thanked Ms. Apperson, Ms. Bowers, Dianne Marcum of the Business and Cultural Development Board (B&CDB), Mr. Anderson and Ms. Magee; and shared the merits of the report and her insights on a sampling of actions contained within the report. After the presentation, Ms. Agee announced she would deliver the forty page written plan to the City Council and the B&CDB no later than February 3`d and suggested a workshop on the report., Discussion ensued and included a suggestion to fold the next B&CDB meeting into a workshop with the City Council on report. Council reached consensus to schedule a City Council Joint Workshop with the B&CDB to discuss the Economic Development Plan on February 10th at 4 P.M. More discussion ensued regarding additional detail and data requested by Council; homesteaders and part-time residents; specific ideas to be discussed at the workshop such as plan funding, whether Ms. Agee's contract ends with the presentation of the report and placing the report on the agenda for the Regular City Council Meeting of February 16th. The Council thanked Ms. Agee for her work and presentation. REPORTS: Acting City Manager • Ms. Apperson noted copies of logged mail distributed to Council referring to a Summons issued to the City and informed the entire complaint is available for review and the City Attorney will process in the normal manner. • Ms. Apperson responded to Council the State of the City Report will be presented at the next City Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 4 of 8 Community Development Department • Mr. Morley, Building Official, gave detailed information of a report he completed dealing with the code enforcement aspects of the Visioning Report and noted it is available for review. • Mr. Morley also informed he completed a code evaluation for the egress requirements for meetings in the City of Cape Canaveral Library building; he met with the Fire Chief, the Deputy Fire Chief and the City's Chief Inspector. They determined there is a high occupancy load for the building, in the 140 range, and the thumb bolt on the front doors of the library must remain unlocked. He further informed Council of Library Director Isabel Escapa's security concerns and her strong recommendation against leaving the doors to open automatically during meetings. Council reached consensus to have Mr. Morley request the use of front doors during public meetings and to report back to the Council with the Library Director's answer. • Mr. Morley announced the Outdoor Entertainment Permit Ordinance revisions will be out by the end of this week to staff and Council; he requested getting back to him as soon as possible to coincide with tl'e precise timeline of the upcoming Art of Sand Event. • Mr. Morley announced Dennis Clements, Chief Inspector/Plans Examiner, has accepted a position with the City of Rockledge as a Building Official. Public Works Department • Walter Bandish, Public Works Director, informed the Force Main depression at Washington Avenue and Columbia Avenue will be repaired within the next couple of days. • Mr. Bandish distributed copies of a capacity analysis of the City's sewer as requested by Council. City Historian • Ray Osborne, City Historian, requested Council direction on his plan to have historical community markers designed, made and installed, after speaking to the property owners at the Artesia Post Office and at the old log cabin once owned by Wyatt Chandler; he provided a sheet with samples for Council to choose from different styles of markers. Council reached consensus for the City Historian to bring this request before the Beautification Board for recommendation back to the City Council. Recreation Department • Robert Lefever, Recreation Director, announced there will be a Friday Fest press release and networking/social gathering Friday, January 29th from 5 p.m. — 7 p.m. in the Recreation Complex. • Mr. Lefever reported he is in the process of obtaining quotes for the fence project at Banana River Park. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 5 of 8 • Mayor Pro Tem Petsos pointed out, regarding the Economic Development Plan, both the City Historian and the Recreation Department are already utilizing social media sites on the internet. Ms. Apperson relayed the City Attorney will be working on policy procedures regarding such sites because there are record retention law issues. City Attorney • Attorney Garganese reported he was given a copy of a Summons and Complaint against the City and Brevard County and he will forward to the. City's insurance carrier; it is a claim for damages for a slip and fall accident . • Attorney Garganese further explained the issues surrounding the City's use of social networking/media sites in regard to sunshine laws and would bring the issue back to Council at a later date. Business and Cultural Development Board, • Joanne Muncey, Chairperson, announced the Cape Canaveral 8th Annual Professional Art Show in association with the Brevard Art Association at the Library, January 291h and 30th; and the Children's 11 th Annual Art Fair at the Library on February 61h • Ms. Muncey noted the memo from the Board recommending the CRA (Community Redevelopment Agency) and recognized Board Member Dianne Marcum, Planning and Development Director Barry Brown and staff for their research. Ms. Muncey noted the need for flexibility, safety and health of residents and tourists regarding the Brevard Cultural Alliance event: The International Sand Sculpture Festival, which will be bringing international interest and visitors to the City of Cape Canaveral. AUDIENCE TO BE HEARD: • Ms. Dianne Marcum, resident and Business and Cultural Development Board Member, noted the tremendous opportunities and challenges presented on tonight's agenda with regard to the Community Visioning Project, the Economic Development Plan and the CRA and pointed out how each of them will put a drain on staff, financial and volunteer resources and suggested the City integrate and align all of these into one project thus avoiding duplication of funds and efforts. Discussion ensued and included having one person in charge of this project with a number of teams, work streams, project planning software, alternate City revenues other than property taxes, the City's image and direction on signage. • Mr. Leo Nicholas, resident, reported the VFW gave out 97 Christmas baskets to those residents in need in the City and held a Christmas party with approximately 110 children in attendance in December. • Ms. Joyce Hamilton, resident, announced the poinsettias pulled up from the City will be on a trailer at Public Works for those who want them. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 6 of 8 CONSENT AGENDA: I . Approve the City Council Special Meeting Minutes of August 26, 2009. 2. Approve an Outdoor Entertainment Permit for Jazz Under the Stars and waive all fees for same. There being no discussion, a motion was made by Ms. Roberts and seconded by Ms. Walsh to approve Consent Agenda Items 1 and 2. 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. OLD BUSINESS: 3. Provide direction related to the Ridgewood Avenue Improvements Project — Additional Issues. Jeff Ratliff, Assistant Public Works Director and John Pekar, City Engineer, proceeded to address the Council about the following attachments: 1) Project memo; 2) Documents: Extension of project northward to Ocean Woods; 3) Documents: Solar lighting information; and 4) Documents: Lincoln Avenue property. Mr. Pekar referred to the letter addressed.to the City Council from Stottler Stagg and Associates (SSA) dated January 14 in regard to a City preconstruction meeting with the contractor, Brewer Paving and Development, Inc. Mr. Pekar stated there were three (3) points that he missed and needed confirmation from the Council on. Discussion ensued and included the pros and cons and contractor recommendations related to a Colored Pedway, Asphalt Pedway segments being extended across residential concrete driveways and Brick Pavers for crosswalks (5 intersections), the contractor discount recommended by SSA back to the City and the change order required to make these changes. Council reached consensus to follow the recommendations of the contactors, SSA and Brewer Paving and Development, to not use color in the pedway asphalt, to not extend the asphalt pedway across the residential driveways and to use a conformed edge in the asphalt, as requested by Council. More discussion took place regarding the third item in the letter regarding Brick Pavers for crosswalks and the pros and cons of using them versus concrete stamping. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to extend the meeting to 10:30 p.m. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. Council came to consensus. More discussion ensued and included whether to research the issue further regarding the subcontractor's timeframe to install the brick pavers, the quality of work and keeping a lane of traffic open during construction. Mr. Pekar stated he would try to provide Council with the timeframe in writing and obtain a M.O.T. (maintenance of traffic) plan. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 7of8 Mr. Ratliff continued on to the next issue and discussion included pros and cons of the extension of the project northward to Ocean Woods and Ocean Oaks, moving the road out of the right-of-way and new sidewalk installation. Council consensus was reached to further research this item and bring it back to Council at the next City Council Meeting of February 2"d, Mr. Ratliff shared the pros and cons of Solar Powered lighting. Discussion ensued and included the use of solar lights reduces more than $150,000 from the contractor's bid; the construction materials, using LEDs (light emitting diodes) versus fluorescent bulbs, the size of the poles and solar panels, range of luminescence, maintenance, future savings in costs, the possibility of obtaining $126,000 in additional lights through a grant, grant application due date of February 12th. A motion was made by Ms. Walsh and seconded by Mayor Pro Tem Petsos to extend the meeting an additional 10 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor ProTem Petsos For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. Council consensus was reached to use solar lighting,.commence with the grant application for additional solar lighting and to have examples brought back to Council at the next City Council Meeting of February 2. to table the Lincoln Avenue Property issue for a later date; and to skip to Agenda Item #8. ORDINANCE: Second Public Hearin - 8. Motion to Adopt: Ordinance No. 01-2010, Amending Section 22-39, Proceedings of the Board, to change the Community Appearance Board Meeting Days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Attorney Garganese read the title of the ordinance. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Adopt Ordinance No. 01-2010, at second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor ProTem Petsos For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. Ms. Roberts requested to schedule an informational briefing by Tony Sasso and Amy Tidd on the Hands Across the Sand Initiative on Oil Drilling off the coast of Florida at the February 2nd City Council Meeting. Council consensus was to grant Ms. Roberts request. There being no further business, the Meeting adjourned at 10:30 P.M. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 8 of 8 Rocky Randels, MAYOR Mia Goforth, Acting City Clerk CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY February 2, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Members Absent: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Council Member Betty Walsh Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Treasurer Andrea Bowers City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation' Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Precinct Commander Alan Moros PRESENTATIONS: Certificates of Appreciation for Holiday Coordinators Cape Canaveral Volunteer Fire Department Chief Dave Sargeant expressed gratitude and presented Certificates of Appreciation to the following sponsors for their generous donations of time, effort, money, food and gifts to the children and families of the City of Cape Canaveral during the 2009 Holiday Season: City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 2 of 8 • The Boeing Company Employees • Ms. Sandy Klotz • The Cape/Port Canaveral Kiwanis Club • The Space Coast Vettes • The Cape Kennedy Vettes • The Port Canaveral Yacht Club • The Port Canaveral Association • Seaport Canaveral Offshore Drilling and the "Hands Across the Sand" event, February 13, 2010 — Mr. Tony Sasso Tony Sasso, former State Representative and former City of Cocoa Beach Commissioner, credited Amy Tidd for creating the PowerPoint program he was about to show and thanked the Council for the passing the resolution in support of maintaining the ban against oil drilling. Mr. Sasso explained the East Coast communities are just now catching up with the West Coast of Florida and there is a concern if the ban is lifted in the State, the Federal ban will be lifted.as well. Mr. Sasso proceeded to share information on the possible risks lifting the bans would have on the State of Florida as well as the City of Cape Canaveral and' surrounding areas. Mr. Sasso announced an.event scheduled,for Saturday, February 13th at Cherie Down Park in Cape Canaveral at 1:00 p.m. and invited everyone to attend. The Council thanked Mr. Sasso for his presentation. State of the City Report - Mayor Rocky Randels Mayor Randels declined to read the State of the City Report in the interest of time. Angela Apperson, Acting City Manager, stated the report will be available online or people may contact the City Cleric's office or any other City department for a copy. REPORTS-. Acting City Manager Ms. Apperson comnplimented the City's Finance Department Staff and Andrea Bowers, City Treasurer, for having received a Certificate of Achievement for Excellence in Financial Reporting. Sheriff's Department Cmdr. Moros announced a Gaming Tournament at the Youth Center on Saturday, February 20th at 2 p.m.; Cmdr. Moros updated the Council on the series of car burglaries happening at 8701 Astronaut Boulevard. An arrest was made and he expects four or five more arrests to come out of that. City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 3 of 8 Fire Department Chief Sargeant replied to inquiry about the grant for assistance in construction of a new fire house; he stated it has not come through yet, but the Department checks everyday and they have not been eliminated out of the running yet. Waste Pro of Florida Platt Loftis confirmed his company's participation in the upcoming Friday Fest and the Space Coast League of Cities Dinner Meeting in April. Mr. Loftis announced the employees of Waste Pro are on schedule to train on Friday with the Sheriff's Department. He also confirmed he will deliver a report regarding "Green Initiatives" to Council Member Roberts. City Historian Ray Osborne distributed a Historic Marker Survey to Council. Ms. Apperson confirmed this item is on the agenda for the upcoming Beautification Board Meeting on Tuesday the 9tt'. Community Development Department Todd Morley, Building Official, stated he is meeting with the Brevard Cultural Alliance this Friday to share what they can expect out of the new'Outdoor Entertainment Ordinance. City Attorney Attorney Garganese reported the lawsuit that Earl McMillin brought against the City has been voluntarily dismissed. 'In, reference to the Royal Mansions case, Attorney Garganese informed Council his office is waiting for the City's expert witness to evaluate new documents found and will share with Council as soon as they get the report. Business and Cultural Development Board Joanne Muncey, Chair, reported the success of the Stn Annual Professional Art Show and announced the upcoming 11th Annual Student Art Show, Saturday, February 6th in the Library. She also reminded Council that next Wednesday the Business and Cultural Development Board will finish all of their business in 10 -15 minutes and then turn the rest of the time over to City Council Joint Workshop Meeting with the Board. John Anderson, resident, responded to Council he is looking forward to the upcoming workshop with the City Council and the Business and Cultural Development Board; relayed his position against offshore drilling; and confirmed the Economic Development Report and Executive Summary would be delivered to the City Council on February Vd. AUDIENCE TO BE HEARD: Toni Able, of Palms East Apartments, LLC and Wellsboys Property Management, requested permission of the City Council to open day a care center that would be affordable and safe for those residents of the Palms East Apartment complex. She City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 4 of 8 stated Wellsboys Property Management is willing to donate space to an individual to open a day care center that will be affordable and they are willing to cover costs including: electric and architectural drawings. Discussion ensued and included the possible number of children who would attend the daycare; related zoning and code issues and State licensing. Council agreed by consensus to move this agenda item (#18) up for discussion. Barry Brown, Planning & Development Director, made a point of clarification that in R-2 Zoning, the City Code makes no accommodation for day care facilities although at this location and in the past, there have been many other uses. Mr. Brown stated, if it is the will of the Council, he suggests "daycare" be added as a use in R-2 Zoning as a Special Exception. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos for proposing child daycare in R-2 Zoning. Discussion ensued and included making the special exception broader to include "adult" as well as "child" daycare and possible statutory preemptions that may have to be looked at. Attorney Garganese responded the issue tonight for Council would be to decide if they want to refer the issue to staff to study the issue and see what Staff and the Planning and Zoning Board comes back to Council with. A motion was made by Mr. Hoog and seconded by Mayor Pro Tern Petsos, to amend the motion to include adult daycare as a proposed use, amending section 110-294 by Special Exception in R-2 Zoning District. Todd Morley, Building Official, inquired if Council desired the Planning and Zoning Board consider other zoning districts as well. Council agreed by consensus to consider all other zoning districts and classifications. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. Mayor Randels opened the floor again for the "Audience to be Heard" portion of the agenda. Ray Osborne announced a Presidents' Day seminar he will be a presenting, Monday, February 15t" at the Library from 6-7 p.m. CONSENT AGENDA: 1. Approve the City Council Special Meeting Minutes of January 12, 2010. 2. Friday Fest; a. Approve Outdoor Entertainment Permit and waive any fees for same b. Approve Alcohol Exemption Permit and waive any fees for same C. Waive Sign Code Section 94-6(d) of the City's Sign Code to allow "snipe signs which will advertise the event. No snipe signs will be placed in the right-of- way. They will be set back and no sign will be located in the visibility triangle. d. Waive Sign Code Section 94-76 of the City's Sign Code to allow total signage in excess of 96 square feet on non-residential property. Property owner's permission will be secured prior to placement of any sign. All signs will be removed within 3 days following the event. City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 5 of 8 3. Approve the final History Video and approve transfer of $5,644.85 from reserves to cover additional costs. 4. Approve Resolution No. 2010-02 authorizing the private unofficial display of the City Seal on a welcome sign located at 8000 Astronaut Blvd, Pursuant to the terms and conditions of this Resolution; providing for the repeal of prior inconsistent Resolutions; severability; and effective date. 5. Approve the First Quarter Budget Transfers for the Quarter Ending December 31, 2009, FY 200912010. 6. Approve a cooperative purchase for TV Monitoring/Cleaning of the Stormwater System from the existing services agreement between Vac and Jet Services, LLC and the Ready Creek Improvement District in an amount not to exceed $100,000.00. 7. Approve a cooperative purchase for the Harbor Heights Stormwater Improvements Pipe Replacement from the existing contract between Atlantic Development of Cocoa, Inc. and the City of Cocoa in the amount of $81,625.00 and approve a transfer from Utility Fund Reserves for same. 8. Approve unbudgeted/emergency vehicle repairs for the Recreation Van at Paradise Ford in the amount of $2;054.30 and approve transfer of funds from Reserves for same. 9. Approve unbudgeted fence installation at Banana River Park in an attempt to prevent further vandalism to the soccer field and adjoining playground in the amount.of $3,853.00 and approve transfer of funds from Reserves for same. Mayor Randels announced a change to Agenda Item No. 3 to approve a transfer of $6,210.60, per the final invoice that was just received; a change to Agenda Item No. 8 for vehicle repairs at Dave's Beach Auto Repair in the amount of $1,075.55; and the removal of Agenda Item No. 6 in its entirety. Discussion ensued and included thanks to Council Member Hoag for finding the bid for the vehicle repairs and the Council's desire to encourage Staff to consider local suppliers and businesses for future services. Council reached consensus for Staff to place a purchasing policy draft for discussion on a future City Council Meeting agenda. Ms. Roberts requested removal of Agenda Item Nos. 2, 3, 4 and 9. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Consent Agenda Item Nos. 1, 5, 7 and 8. The motion carried 4-0 with voting as follows; Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 6 of 8 Item No. 2 — Discussion ensued and included concerns over parts c. and d. of the agenda item. Attorney Garganese made a recommendation for Council to follow the City's code and own rules regarding these issues. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 2, Sections a. and b only. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. Item No. 3 — Discussion ensued and included lessons learned regarding the cost of this project far exceeding what Council had anticipated and to fully scope future projects with planning and project management. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 3 with changes. More discussion concluded this is the final product and does not require further editing of the video. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. Item No. 4 — Discussion ensued and included possibly making this resolution applicable to all businesses, loss of control over the use of the City Seal, the property owner's reasons for using the City Seal and his plans regarding the condition of the sign with the City Seal currently on his property. Ms. 'Apperson made a statement on behalf of Council Member Walsh regarding her opposition to passing the resolution. During additional discussion between the Council, Staff, the property owner and audience members, two separate motions were made to approve the resolution. The Council requested the property owner remove the. City Seal from the sign on the property located at 8000 Astronaut Boulevard; and the motions to approve Consent Agenda Item No. 4 were withdrawn. Item No. 9 — Discussion ensued and included implementation of the fence installation; Mr. Lefever responded to Council the project was not brought before the Beautification Board and reminded he was following Council direction to match the existing fence in the parking lot on the same property. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 9. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts; For and Ms. Walsh, Absent. OLD BUSINESS: 10. City Manager Search Update — Colin Baenziger & Associates. Colin Beanziger introduced himself and gave a quick update since his last meeting with the City Council members. Discussion ensued and included corrections to errors in the content of the City Manager Job Description draft document previously distributed to Council; the spirit of the document seeming more negative than positive; the need to include advanced degree requirements and progressive business management training; City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 7 of 8 the need to require residency in the City and pros and cons of putting more requirements in the job description; changing the section under "Issues" to "Opportunities"; and the pay scale. Council consensus was reached to make recommended clarifications, corrections and changes to the document as proposed by Ms. Roberts. Mr. Beanziger thanked the Council for their input. 11. Ridgewood Avenue Improvement Project — Additional Issues. Jeff Ratliff, Assistant Public Works Director, distributed an updated budget summary showing the project is still under the original budget. Mr. Ratliff informed the North section, possibly going up to Ocean Woods, is continuing to be surveyed but will not hold up the project start date of February 10th. He also informed the grant application for lighting is due February 12th and will be turned into City. Hall this week. Mr. Ratliff introduced the lighting contractor, Matt Serito of SEPCO (Solar Electric Power Company) in Stuart Florida, to present, at Council's request, the solar lighting Staff selected. Discussion ensued and included the features, functions and implementation of the sample light fixture presented by Mr. Serito; the potential impact of the lighting at night, on the beach during turtle season and Staffs recommendation to use amber bulbs; the color of the sample presented: Council agreed they previously agreed on hunter green; the costs of maintenance, replacement and the training of City Staff for such; and the pros and cons of fluorescent vs. LED (light emitting diode) bulbs. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to approve Staff's recommendation of Solar LED lighting for the project. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent., Mr. Ratliff introduced Joe Sherwood of Brewer Paving and Development who distributed brochures and left samples of brick for the Council to review. Mr. Ratliff informed no decisions were necessary tonight since the brick paving will be done at the end of the project. Discussion ensued and included the issues of lane closures, curbing and emergency rescue unit access during paving. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to extend the meeting an additional fifteen minutes. More discussion included the need for Council to make a decision tonight on using pavers: The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to use the brick pavers on the intersections based on the fact that only one lane of traffic will be closed. Additional discussion ensued and included the advantages of brick pavers versus using imprint. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. Ms. Apperson informed Council she spoke with Mr. Bandish, Mr. Ratliff and Attorney Garganese earlier in the day and, with Council's permission, they propose to separate the Ridgewood Avenue Improvements Project contract for paving from the rest of the project in order to meet the recording requirements for using Federal Stimulus City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 8 of 8 funds. Mr. Ratliff responded to Council the Department of Transportation agrees with this request and it will save the City thousands of Staff dollars. Council came to consensus and agreed to let Staff proceed with this proposal. Mayor Randels proceeded to agenda item nos. 13 and 15. 13. Schedule the City Council Goals and Objectives Workshop. Discussion ensued and included the Council direction to have Staff listen to what the Council wants and to have Staff begin planning the budget around that; having this workshop come after the City Council Joint Workshop Meeting with the Community Visioning Committee and Board Representatives, scheduled for Tuesday, February 23rd. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting to 10:30 p.m. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh; Absent. Council reached consensus to schedule the City Council Goals and Objectives Workshop Meeting for Tuesday, March 2"d at 3:30 p.m. 15. Schedule City Council Workshop Meeting with Department Heads; Cape Canaveral Volunteer Fire Department and the Brevard' County Sheriff's Canaveral Precinct Commander to Discuss and Prioritize the Implementation of the Community Visioning Project. Discussion ensued and included what Staff needs from the Council and what the Council needs from Staff in laying.the foundation on what the Council wants to do and strategic planning for the future. No consensus was reached in scheduling this item. Due to the lateness of the hour, the Meeting adjourned at 10:28 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/02/2010 Item No. 2 Subject: Approve and Issue a Proclamation designating National Public Works Week to be celebrated May 16-22, 2010. Department: Administration Summary: The American Public Works Association Florida Chapter requests the City of Cape Canaveral submit a Proclamation, in recognition of National Public Works Week 2010, to be displayed at the American Public Works Association Florida Chapter Annual Meeting and Tradeshow. Requested Council Action: Approval Financial Impact: none Attachments: Draft proclamation and e-mail request from FL Chapter Committee Chairman, Public Works Week. Submitting Department Head: Date: Approved by Acting City Manager: Date: Z/z3&O City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding an informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel, who staff public works departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform.. NOLO, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 16 - 22, 2010 as National Public Works Week in the City of Cape Canaveral, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. (sa nantonioflorida@earthlink. net); Rudy Garcia; Russel E. Hauck (pewainright@altamonte.org); Russell C. Muniz ; Sammy Hamilton Jr. (dsmallwood@cityofeverglades.org); Samuel J. Ferreri (shill@ci.greenacres.f .us); Samuel P. Clark (archermanager@bellsouth.net); Sandra Newell; Sara J. Savage (CityClerk@CityofFellsmere.org); Sara Snider (ctyclerk@atlantic. net); Sarah Mijares ; Scot Morrison; Scott Herring; Scott Sundermeier (bprice@coconutcreek.net); Sean Scheffler ; Seymour Roth (clerk@balharbourflorida.com); Sharon Chicky(townofoceanbreez@bellsouth.net); Sharon Cobb (vernoncityhall@mchsi.com); Shawnette.Brown@VerizonWireless.com; sheila Watson (fanningspgs@gatorworks.com); Shelby Jack (tohast@aug.com); Sherrie Taylor (wbanks@myquincy.net); Sherry Albury ; Shirley Graham (toccierk@alltel.net); Shirley Pruitt (lacrosse@atlantic. net); Shirley Simmons (citylaurelhill@gtcom.net); Shriley Bradshaw (info@westmelbourne.org); Sophia Tate; Stephan Herrington III (westvil le@ea rth link. net); Stephen J. Cottrell (tmanager@tampabay.rr.com); Steve Wingate (hilith@alltel.net); Steven Alexander (info@cutlerbay-fl.gov); Steven Hodge (kleinbach@templeterrace.com); Steven L. Abrams (bocacm@ci.boca-raton.fl.us); Steven Mazuk (cityclerk@atlantisfla.org); StphBlain@netscape.net; Sue Hann (PW Institute); Susan Gottlieb (sorokat@cityofaventura.com); Susan Kabana ; Susan Owens (scanada@southwestranches.org); Suzan Davis (to pa xto n @ g tco m .net ) Subject: National Public Works Week 1401Qoicqn PaUic 110ovb Assoaaaci 710.va,q ckgrtay February 10, 2010 To The Supporters of Public Works: 2010 National Public Works Week Since 1960, APWA has proudly sponsored National Public Works Week across the nation. Our members continue the tradition to energize and educate the public on the importance of the contribution of public works to their daily lives: planning, building, managing and operating the heart of our local communities and assisting with improved the quality of life during this week of planned activities. APWA's theme for 2010's National Public Works Week is entitled, "Public Works: Above, Below, & All Around You" and will be celebrated May 16-22, 2010. The theme speaks to the all -pervasive effort of public works professionals and their projects, while bringing quality of life contributions and the necessities of our communities to the citizens of the world. During this week, I would like to encourage each of you to get involved with the many activities and events that will be implemented to help remind the public that our work improves the quality of life for everyone in the community. For example, some communities hold special community events to showcase the services provided by employees while others have held equipment rodeos and give away prizes to employees or door prizes to the public in celebration of National Public Warks Week_ This year's show is being held in Orlando with record breaking attendance anticipation. I would like to request from each Chapter to submit a Proclamation issued by your local community recognizing National Public Works Week and have it displayed at the American Public Works Association Florida Chapter Annual Meeting and Tradeshow. Thank you in advance 2 for your participation by submitting a proclamation. This will allow APWA to continue to showcase continued support to those in the Public Works field. It is quite an impressive sight to see all the proclamations displayed at the FL Chapter Annual Tradeshow. Please, mail your original proclamation to me using the address below so your proclamation will be proudly displayed for all to see in Orlando at our APWA FL Chapter 50"Anniversary Annual Meeting and Tradeshow May 3-7, 2010. A sample proclamation has been attached for your review. Please return yourproclamation to me no later than April 23, 2010. To learn more about the American Public Works Association and National Public Works Week, go the website tivww.apiva.net. You can click on About Us and headline item, National Public Works Week to get more information. If you have any questions, or require any assistance, please call, email or write me. I Iook forward to receiving your proclamation soon. 6wey ,ff, Yahkh, Sk FL Chapter Public Work Week Committee Chairman Leon County Public Works -Operations 2280 Miccosukee Rd, Tallahassee FL 32308 850-606-1400 phone 850-606-1401 fax patrickc(a},leoncountyll. gov Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact the City by phone or in writing. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0310212010 Item No. .3 Subject: Approve Resolution No. 2010-03; Appointing a Second Alternate Member to a First Alternate Member to the Recreation Board (D. Raymond). Department: Legislative Summary: The resignation of Board Member Hank Dinenno, created the need to move a second alternate member, Douglas Raymond, up to the position of a first alternate member on the Recreation Board; term will expire 10-01 -2013 Requested Council Action: Approval Financial Impact: NIA Attachments: 0 Supporting Documents Reviewed Draft Res. No. 2010-03; Thank you letter to Mr. Dinenno. Submitting Department Head: Date: Approved by City Manager: Ji+`C were-. Date: Z' 3 �t City Council Action: [ ] Approved as Recommended j ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO A FIRST ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate Member to First Alternate Member of said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Douglas Raymond is hereby appointed as a First Alternate Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of March, 2010. ATTEST: Mia Goforth, Acting City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh For Against Mr. Hank Dinenno 318 Surf Drive Cape Canaveral, FL 32920 Dear Mr. Dinenno: City of Cape Canaveral The City of Cape Canaveral regretfully received word announcing your decision to withdraw from the Recreation Board. Your work on the Recreation Board has been sincerely appreciated. We forward to you this token of appreciation for your diligent work and City thanks you for the effort you have given to serve on the Board. Your contributions have been worthwhile to help make Cape Canaveral a quality place to live. The City Council and staff sincerely appreciate all that you have done and wish you the best in your future endeavors. Sincerely, (:a0C.)I�A Rocky Randels, MAYOR /mg 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofr-apecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 312110 Item No. Subject: Approve Outdoor Entertainment Permit for the City's Spring Festival and Vendor Expo and Waiver of all fees for same. Department: Parks & Recreation Summary: The Recreation Department is applying for an outdoor entertainment permit for the Annual Spring Festival & Vendor Expo to be held at Manatee Park on Saturday, March 13th from 11:00 am — 3:00 pm. Requested Council Action: Approve permit & waive any & all fees. Financial Impact: NIA Attachments: ❑ Supporting Documents Reviewed Submitting Department Head: Robert Lefever Date: 2/19110 Approved by City Manager: a,�,Z"et: Date: Z/ 2-3 /r0 City Council Action: [ ] Approved as Recommended [ ] Disapproved I ] Approved with Modifications [ ] Tabled to Time Certain Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant:_ �d �i�f f �e�/ ��✓ Title: Firm: d At/1 I / riia / Address: W96' Al. E -Mail: Telephone: _ �(l " /�-FAX: Local Contact: Title: Local Address (if different from above • Type of Event: ///T '(° f/ _ Will Alcoholic Beverages Be Served on the Premises? YES NOS Event Date(s) in Cape Canaveral: Location(s): Date(s) Attach map(s) indicating event area and designated parking areas. ❑Traffiic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other �'/ -'/ // on City Property/ Specify: 4: U Ppl CJ � & -'! �G/� O(.. /�if // Time If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promotin,conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: ,%(i. d� p dIi / t Policy Na: Expiration Date: �0 I II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. A // ,,-e, 4e-e7' / Date Applicant or YepresentatitTTitle --- Approved by City of Cape Canaveral: City Representative's Name: Title: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher; City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 SPRING (ESTIVAL VENDOR EXPO Saturday, March 13, 2010 11:00 am -- 3:00 pm Manatee Sanctuary Park 701 Thurm Boulevard ENTERTAINMENT COMMUNITY SERVICES • Celebration's DJ • Business Vendor Expo • Bounce House • Brevard County • Obstacle Course Sheriff's Department • Manny the Manatee . Cape Canaveral • Face Painting Volunteer Fire Department • Balloon Art . Florida's Blood Centers • Giant Slide SNACKS Bloodmobile • Hot Dogs - $1.50 ������, • Drinks -$1.00 • Bake Sale - $.50 • Pop Corn - $.50 g,.— Snow Cones - $.50 For more information please call the Recreation Department at 868-1226. 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion. belief. or oolicv of the Boar{. the District. and/or the administration." City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 312110 Item No. 5 Subject: Approve Outdoor Entertainment Permit for the City's Movie in the Park at Manatee Sanctuary Park and Waiver of all fees for same. Department: Parks & Recreation Summary: The Recreation Department is applying for an outdoor entertainment permit for the Movie in the Park to be held at Manatee Park on Friday, March 19th Requested Council Action: Approve permit & waive any & all fees. Financial Impact: NIA Attachments: ❑ Supporting Documents Reviewed Submitting Department Head: Robert Lefever Date: 2119110 Approved by City Manager: Date: zIz31 /C City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: /Q The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: Id '-1l Title: le- Firm: Address: 744 N� �f/�tyr G 'OK/ E -Mail: r/? G71/, /'� ' G4, Telephone: FAX: Local Contact: , fGf C Title: Local Address (if different from Type of Event: �D�/,�::::_.";1 4"o Will Alcoholic Beverages Be Served on the Premises? YES NO`� Event Date(s) in Cape Canaveral: /'TDI/e, /7" Location(s): Date(s) Time •-6o®? -/D, W6X^ Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: .��./L 1."/ /t/// ®C���/�� %.f a If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original premiums are paid. or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the Name of Insurance Co:"f dei d d C Policy No: Expiration Date: !` Jd l Q II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSESMEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. - 1AM ( I/ e " V Y- A// %C�CfOr Date444e6.� d Applicant or Re esentative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 MOVIE IN THE PARK "CLOUDY WITH A CHANCE OF MEATBALLS It The Recreation Department will be selling popcorn, candy & drinks. Bring a blanket or a lawn chair. For more information call the Recreation Department at 868-1226. RAIN DATE MARCH 26T" FREE FOR EVERYONE FRIDAY MARCH 19"' MANATEE PARK 701 THURM BLVD. CAPE CANAVERAL 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, andfor the administration." RAIN DATE MARCH 26' City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03-02-2010 Item No. G Subject: CONSENT: OUTDOOR ENTERTAINMENT PERMIT, WAIVING OF ANY AND ALL FEES, AND T -N -T AGREEMENT FOR THE MANATEE SANCTUARY PARK ARTS FESTIVAL Department: ADMINISTRATION Summary: City Council consider approval of the outdoor entertainment permit, waiving of any and all fees, and the T -N -T Agreement for the Manatee Sanctuary Park Arts Festival as requested by the applicant T -N -T Events, Inc. This City sponsored event is to be held March 27tH and March 28tH Requested Council Action: T -N -T Events, Inc. is promoting and organizing the City's fourth outdoor arts festival located at Manatee Sanctuary Park. This event is being hosted by the Business & Cultural Development Board. I recommend approval. Financial Impact: Approximately $1,000 for rental of two electronic message boards for ten (10) days Attachments: o Supporting Documents Reviewed Permit Application; T -N -T Agreement Submitting Department Head: Date: Approved by City Manager: (2,a K -, X Date: -2,12,3 �d City Council Action: j ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntucimlmydocumentsladminlcouncillmeeting1201 a13-02-1 Nnt.doc 05/23/2005 20:33 3523440652 TNT PAGE 01 M Revised o3-22-07 CITY OF CAPE CANAVERAL, "RIDA APPLICATION FOR SPECIAI, OUTDOOR EMMRTA.INIVIENT PERMIT Date : i Wfu The applioaat or mpresestative agrees to be on site at all times empowered with authority aver all wpasta of the event and emp-o�w-emd to spot far the applicant. 1 Name of Appli"ec r'C' Q f? � r r) �r �� � Two: Pirm• Y,fs -►-N c.. - Ad*w: -7:2,36.E I f l e n Q k - a Mail:_ i u e n j aI rjr^C.a�nr— 'Celgphona: 3S"a- S4 y U (a sq —PAX; S q Y 4 S Local Con -e . Title: Local Address (if difty& 5nm Type ofEvem, n r i *--. C aalt . Fe s i. tJr,- 1 Will Alo4ofle BeVUagas Be Sawed ores tine PreaniM? YES No, HVWt Date o in C'aipo canaverai: m Q Y �_k a� se .� . Dsto(s) Time Sun I (j. Y MLL Attach map(a) indicating event area and designated perking areas. [waffle Control OUst ofFolicaMm R"mw Equlpmont 13 treat Claeiag C1vehic wEquipmoat on Beach QOtisea' QVahicle Parking on City Frey Speelb- ., If applicant wishes to erect buts or other temporary atraetum in c*mcdm with the event; a beAdlag permit opplicatin must also be subseittod along with all pertinent harmation relating to the temporary structarm and their proposed locados. Submittal of the building permit application wlil oom Arm City Canmcti bas approved the OutdoorEntertalumemt FnailL &Y atgahmq thle appHcatloa, the qPOC80 a&nawledapes and agT>m to the toilowins provwmo . 05/23/2005 20;33 3523440652 TNT PAGE 02 Revised 03-22.07 1. HSHMAM A wdtNa public liability Inmraaoe p9cy kmmrt 8 the psrsmetsft promotog or Omwkwdng the ot*loor murm aunt it avemt aPk* NW and all cW= and demamda made by my pm" for injuries roceived in eomactlan with the stili ft p mmoft& camdacwg ar dftdmm of or at the amoor sw rtamnua tt avmnt moria m within lima of eat less dM t300.000.00 dmsage or injtay to tiny Otte persue far bodi'1S► injnry or utberwbm, plus 573.000.00 dMMF OD pMperty, end 1hr adt lm due $500.000.00 far datmga kattred or oldmd by mere than we ptason ibr bodily iajmy or qua pim $".000.00 far damages to psqaty. The origlaat ar liwta etstuij policy smell be efum a to toecpplicrd loge for a $pedal rnttdoor eatertafsmtsnt vermis, tos�a welt mkquaae avWenw that the pt+emeiumt ase paid. Nam a of Ina mum* Co: r� 71�7'(� Q Lt1 n E� V' �i Poll, Expltikftn Daft, IT. 1'stmleeee aU&m im the City of t,apo Cao v*W to ut iw Parmhbse's a—jk and prajeot for public relation pmpmw and attar media mlamed pwpvoeoss. M. 1XPENAo ag The appliarm agrttlea to pry the City'► in adYmos. fn r any services pew4 ed by d>a QY at the Citys usual nomt sod arty O&w Pdrmit i6ee that MY be applicable to the vat'dwlar pt&aW= as required by the City Of cape Caaavatal. IV. Magn Non-pvoift otgmis Oma may seek a waiver of ray Of 1120 outdoor entectaim od coda nquhuvmu if the maod us valved dm1WS with the hsaM, safbty and wsl&m ofthas in atbmdmce, as well as the ganerxl publ;{, have beta otherwise povided for as ragvh by sold code. Liar ayy of R tkw you pre seeking, Applicant or Rep reseatalverMle Approved by City of Cape Conrmsk City Rep mmamd"'s Now Tate: signatmo: Appl#cartts atoll kOW a Copy of this approved permit and attachmmeots on the day of ft event within the City of Cage Canaveral. For further b& mstiae. please conbet City of Cape C.Sm V=W Beaaott C. Bcacbar, City Manager 105 Folk Aveam Cape Chwvaral, FL 32920 PhQam (321)168-3230 Fax: (321)168-1234 05/28/2005 17:29 3523440552 TNT PAGE 01 ACORD CERTIFICATE OF LIABILITY INSURANCE mu " •1n H 's!1 sFanDaA �Jna. P.R am Is" I Inidlsld,.w FL W"48 TIJA CJERIF-019 a WW -JE -D Ai A YA?fit OF ONLY AND CONPE1ti No 8101= tw M CaJR1ING THE HOLON. Tm cERTm&TE DmVOWT ANEW rATEJso OR ALTER THE CQYdIAOJ! AFFORDED By IE PQLi Smum 1WHI e• AFFORDW COVUL4M NMI ram& T-11-TIEv�wI�, lnc. Auld Awrwo I� uraMoe Poami1.1 mmems kwaressa FL 231.1 jmmc.— THE POL1CCsts OF riwRM0 WW MM MASE NO 4SUE0 TO nd MUSED WAKD MOVE FOR tW MKT MM MY "TED. MDTt■fTMM DM16 ANY REOt!/M WT. TERM OR CONpI ON OF MY ODWIRAW OQ OTIOR DO671 fT WITH rma CT To 1 NCH TIM9 CEATMIGITE MAY W MWCD oft wlt'I' TAM. 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FL 3 n AIFfsAs�I�FL�IATRIM <�� ACOM*3y1 i" OACORD 1Ma Is Q-4 ZB 39V8 1N1 ZG90VVEZSC GZ=LZ 560Z/BZ/99 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT THIS 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT ("Agreement") is made and entered into as of theo9"o day of , 2010 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, "City"), and T -N -T EVENTS, INC., a Florida Corporation ("Permittee"). WHEREAS, Permittee desires to coordinate the 2010 Cape CanaveraIArt Festival, "Images in Art," for the benefit of the public on March 27 and 28, 2010 at Manatee Sanctuary Park, which is located in and owned by the City of Cape Canaveral, Florida; and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the 2010 Cape Canaveral Art Festival at Manatee Sanctuary Park, as permitted under this Agreement; and WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions: (a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event, including, but not limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster, radio, television or newspapers. (b) "Agreement" or "Contract" shall mean this Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. (c) "Manatee Sanctuary Park" shall mean the park owned and operated by the 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. L Page 1 of 10 City, which is located within the City of Cape Canaveral at 701 Thurm Boulevard. (d) "City" shall mean the City of Cape Canaveral, a Florida Municipal Corporation and its employees, agents and contractors. (e) "City Manager" shall mean the City Manager of the City of Cape Canaveral, Florida or City Manager's designee. (f) "Permittee" shall mean T -N -T Events, Inc., a Florida Corporation, and its officers, employees, agents, and its contractors. (g) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. (h) "Public Records" is as described in Section 119.011 (11), Florida Statutes. (i) "Special Event"shall mean the 2010 Cape Canaveral Art Festival to be held at Manatee Sanctuary Park on March 27 and 28, 2010 and further described in this permit Agreement. The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Permittee agrees to provide the Special Event outlined in this Agreement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Event. Permittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event. Permittee shall advertise, produce, plan, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote, manage, and operate the Special Event so that City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event. Permittee shall retain all fees and commissions from the concessions provided by Permittee. 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 2 of 10 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4 Staging; Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, radios, tents, port -a -lets, security, event staff, and catering for staff. 3.5 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.6 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event. 4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall be paid as follows: 4.1 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, fire and police services and extra City personnel services caused by the Special Event and as deemed reasonably necessary by the City Manager, clean up of Manatee Sanctuary Park and surrounding area, parking coordination, repair of damages incurred to Manatee Sanctuary Park caused by the Special Event, portable restroom facilities, and existing lighting of Manatee Sanctuary Park and surrounding areas. Payment for any expenses owed to City under this provision shall be made at the conclusion of the Special Event or within ten (10) days of presentation of such expenses by City to Permittee, whichever occurs later. 4.2 City Expenses. City shall provide to Permittee access to Manatee Sanctuary Park on the days of the Special Event. Additionally, City shall provide Permittee access to Manatee Sanctuary Park on the one (1) day immediately preceding and the one (1) day immediately following the Special Event for set-up and clean up purposes. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, professional entertainment and the steps necessary to complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it has the competence and abilities to carefully, professionally, and faithfully complete the Special Event in the manner and within the time limits proscribed herein. The Permittee will perform the Special Event with due and reasonable diligence consistent with sound 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral 1 T -N -T Events, Inc. Page 3 of 10 professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: 6.1 Time of the Essence. The City's responsibility to make Manatee Sanctuary Park available to Permittee is limited to the time periods set forth hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 6.2 Non -Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non -business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day, excluding the days the Special Event will be held pursuant to this Agreement. 6.3 No Assignment. This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Council of the City of Cape Canaveral. 6.4 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, and Brown, Garganese, Weiss and D'Agresta, P. A., and other attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.7 Governing Law; Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Special Event is Brevard County. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 4 of 10 6.8 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, the prevailing party in such litigation or controversy shall, to the extent permitted by law, be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings. 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): TO THE CITY: WITH A COPY TO: City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1230 (Phone) 321-868-1224 (Fax) Anthony A. Garganese City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 1 I 1 N. Orange Avenue, Suite 2000 Orlando, FL 32802-2873 407-425-9566 (Phone) 407-425-9596 (Fax) 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral I T -N -T Events, Inc. Page 5 of 10 1a' :uU1i Ms. Terri Rudzitis, President T -N -T Events, Inc. P. O. Box 623 Inverness, FL 34451 (352) 344-0657 (Phone) (352) 344-0652 (Fax) 6.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be original; but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Permittee related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Permittee. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Permittee is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Permittee shall promptly supply copies of said Public Records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during normal business hours of the Permittee be open and freely exhibited to the City for the purpose of examination and/or audit. 6.13 Interpretation. Both the City and the Permittee have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint venture or principal -agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and acknowledges that the City has made no representations and warranties regarding the Special Event. Penn ittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral I T -N -T Events, Inc. Page 6 of 10 or written, and all such matters shall be deemed merged into this Agreement. 8.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability, property damage liability, and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles, hired and non -owned vehicles, and employee non -ownership. All insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. The Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the -basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of deliver of such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall continuously maintain such 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral I T -N -T Events, Inc. Page 7 of 10 insurance in the amount, type, and quality as required by this paragraph. 10.0 Indemnification and Hold Harmless. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and/or the services and activities provided and performed under this Agreement. The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that maybe brought against the City or its employees, officers, and attorneys which may arise or result from this Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. 11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and the authorized participants thereto. 12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the Special Event and this Agreement at any time, without penalty. 13.0 Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and end at such time Permittee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he or she has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement. 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral l T -N -T Events, Inc. Page 8 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY: CITY OF CAPE CANAVERAL, A Florida Municipal Corporation LE ATTEST: Mia Goforth, Acting City Clerk Rocky RandeIs, Mayor 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 9 of 10 PERMITTEE: T -N -T EVENTS, INC. A Florida Coporaio By: �4 A-60 Terri Rudzitis, President STATE OF FLORIDA ) COUNTY OF &/) The foregoing instrument was acknowledged before me this C� day oJ11 , by Terri Rudzitis, President, T -N -T VENTS, C., a Florf oiporation, [ ] who is pe nally known to me or produced tilt.Me-4,s-identification. A . tryPubec�ae o Notary Public, State of Florida CommissiOWD839916 MY comm. expires Dec. 07, 2012 Public - State of Florida Print Name My Commission Expires: 2010 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral l T -N -T Events, Ine. Page 10 of 10 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/02/2010 Item No. 7 Subject: CONSENT: APPROVE OUTDOOR ENTERTAINMENT PERMIT, SPECIAL ALCOHOL EXEMPTION PERMIT, WAIVING OF ANY AND ALL PERMIT FEES AND RENTALOF TENT FOR THE CITY HOSTED SPACE COAST LEAGUE OF CITIES MONTHLY DINNER MEETING AT MANATEE SANCTUARY PARK, MONDAY, APRIL 12, 2010 Department: ADMINISTRATIVE Summary: The City hosts the Space Coast League of Cities Dinner Meeting each April. The event is normally held at the Radisson. Unfortunately, the Radisson was unable to accommodate the City in 2010. The entire resort, including all banquet facilities, has been reserved for a large conference. Waste Pro is sponsoring the dinner and the Radisson is providing two cash bars. The bars must generate at least $500 in revenue; any shortfall will be billed to the City. Requested Council Action: City Council consider (1) the approval of an outdoor entertainment permit, (2) the approval of a special alcohol exemption permit, (3) waiving of any and all permit fees and (4) approval of one 1 5x1 5 tent for the second bar. Financial Impact: NIA — All expenses are to be reimbursed from the Space Coast League of Cities Attachments: ❑ Supporting Documents Reviewed Outdoor Entertainment Permit Application; Special Alcohol Exemption Permit Application; Radisson E -Mail; Radisson's Banquet Event Order; Tent Quote Submitting Department Head: Date: Approved b ity Manager: Ctf)0Ad,,,Date: Z/L 31L0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntVcimlmydocumentsladminkeou ncillmeeting12010103-02-101scloc.doc Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: ;;2 J_%'B I 10 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and emZvi\ ered to act for the applicant. _ Name of Applicant:L 1 it✓ Title: E'kec_. _kA' 1 L" -e- '\A SS1, 5 \-c Address: 10 ! _V-) 0 E -Mail: ' t,cofn Telephone:_ S(6'� —\a 3a FAX:. Local Contact: 'be e— O Title: Local Address (if different from above Type of Event: Y) Will Alcoholic Beverages Be Served on the Premises?? YES Event Date(s) in Cape Canaveral: \—F ►� V� \_ Location(s): Date(s) C0CLA Le t CAts NO Time CA n Y -.- Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment DStreet Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Le a, u,c_ No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as weII as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. N t'l.-. t Y r1� lx. I U S` Date Applicant or Representative/title Approved by City of Cape Canaveral: City Representative's Name: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Adopted: 8/1/08 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: ;;Z 1 �b - t Q The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code Article III, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant: C Title: C Organization: ��v Address: b us � o\\� j -e, r s ;,e— E -Mail: T< -\r my -A vy- — "- Telephone: 9A- )XC7 _ Fax:'9 (_OS - ) as \ _ Local Contact: � e --e- 4bc7.ae. Title: Type of Event: Date(s): L�- \2�)0 PERMIT FEES: Time(s): om-, 09\ 'D m The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request ;L: d by the City of Cape Canaveral. rti*1_� rZ 43 - lD Signature FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Date Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Angela Apperson, Acting City Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 Kim McIntire From: Dan Anderson [DAnderson@RadissonPort.com] Sent: Friday, February 19, 2090 8:58 AM To: 'Kim McIntire' Subject: RE: Off premises alcoholic permit Kim, Sorry I missed your deadline but I couldn't get the beverage manager yesterday. Our license number is 1502575. It is a 4COP which means we can serve off premise. We always bring a copy with us when we leave property. Thanks Dan Anderson Sales Manager Radisson Resort at the Port 8701 Astronaut Blvd Cape Canaveral F1 32920 321-868-6574 phone 321-783-7718 fax danderson@radissonport.com www.radisson.com/capecanaveralfl -----Original Message ----- From: Kim McIntire [mailto:mcintire-cape@cfl.rr.com] Sent: Thursday, February 18, 2010 4:55 PM To: Dan Anderson Subject: Off premises alcoholic permit Hey, Dan. I need to submit my agenda packet to the city clerk's office by 4:30 pm tomorrow. Have you been able to locate this permit? Thank you for your kind assistance. Kim M. McIntire Executive Assistant to City Manager City of Cape Canaveral 105 Polk Ave Cape Canaveral, F1. 32920 Phone 321-868-1230 Fax 321--868-1224 mcintire-cape@ctl.rr.com www.cityofcapecanaveral.org Please consider the environment before printing this e-mail 1 RADISSON RESORT at the PORT BANQUET EVENT ORDER ClientlOrganization Event Date Telephone Fax Event # City of Cape Canaveral 4/12/2010 (Mon) (321) 868-1230 (321) 868-I224 E11834 Address Booking Contact Site Contact Guests P.O. Sox 326, Cape Canaveral, Florida 32920 Kim McIntire Kim McIntire 80 (Pin) Party Name Booked Revised Sales Rep Space Coast League of Cities 4/14/2009 1/22/2010 Dan A Set Up Notes Banquet Room Description Arrival Start Serving End Guest Cnt Offsite Meeting 5:00 pm 7:00 pm 25 (Pin) Setup Notes The Radisson Resort will handle the cash bars for the Space Coast League of Cities Dinner at Manatee park. We will provide two cash bars. The bars must generate at least $500.00 in revenue. Any shortfall will be billed to the City of Cape Canaveral. Food & Beverage Equipment/Miscellaneous Food & Beverage Price Qty Total E ui mentlMisoellaneous Price Qty Total 2 cash bass at Manatee park. Comments Exact timing and set up to be determined. Please sign and return contract by 215110 112212010 10:51 am Radisson Resort at the Port 1of1 FEB -18-2010 05:09 FROM:BOB O'CONNELL'S RENT 13214532407 ffWK@jWW BOB O'CONNEU.'S RENTAL CENTRI! 270 BORMAN CHIVE MERRITT ISLAND, Fl. 32963 70:B581224 P.1/1 VISIT OUR WEB PAGE: WWW.BOCRENTALS.COM Store HOurs- Mon -Fra. 7:30-5.30 Sat 7:30-4:30 Sun 9 -noon THANK YOU FOR YOUR I3USINEW WE APPRECIATE IT. IF ANY PROBLEMS WITH EQUIPMENT -- CALL IMMEDIATELY 72 -HOUR NOTICE REQUIRED TO CANCEL RESERVATION TO AVOID ADDL COSTS. CHK OUT D VD BY CHKD IN "' ?/U BY Customer Number S2 RES>✓RV'ATION 01-038893-03 ======mmam Mi 02/18/10 CITY OF CAPE CANAVERAL ATTN: ACCOUNTS PAYABLE P.O. BOX 326 CITY OF CAPE CANAVERAL CAPE CANAVERAL, FL 32.920 P.O. SOX 326 CAPE CANAVERAL, FL 32920 868-1230 -------------------------------------------------------------------------------- KIM ORDERED. 868-1224 FAX Rsrvd: FRI 01/15/10 0216P DEUR: MANATZE: SANCTUARY PARK Delivr: MON 04/12/10 Pickup: MTUE 04%1 3 10 1000A Due: TUE 04/3.3/1.0 1000A =Item Nv ====Qty=Aescriptiari=====__-_ ==xxRatC-Infoam=m=========Unit==Bxtended 0370-0006 a. TTEENNT� 1T X-15 FRAME- BLUE P1 160.00 160.00 160.00 -------------Receipts Summary-------------- --------------=Summary---- --------- »»>Do not 'pay from this ixivoicec<Kc< PARTY - RENTAL 160.00 Pickup/Delivery 50.00 9$ Damage waiver 12,80 Total 222.80 TUE 04/13/10 1000A F Sales Agent: Da e: Customer: Contract: CRAIG 02/x.8 CITY OF CAPE CANAVERAL 01-038893-0.3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/02/2010 Item No. Subject: Discussion — Computer Issues Department: Administration Summary: The current computer network used by every department within the City is in critical condition. It was developed, one piece at a time over the years and has no continuity or stability. It requires frequent, expensive maintenance and does not provide the access one would expect of a network servicing a busy municipality. Since taking over as Acting City Manager, I was confronted with several computer issues and enlisted the help of Sam Thorpe to investigate the problems and advise solutions for them. Mr. Thorpe comes highly recommended by several private firms and the City of Palm Shores. To continue to use his services will necessitate the City Council to waive the formal bid requirements for the professional and technical work that must be done to configure the new hardware needed to solve the problems. Mr. Thorpe has outlined the issues and possible solutions to the problems, correspondence is attachment 1. A brief overview of the past 18 months will aid in identifying issues we are faced with. From July 2008 to December 2009 the City spent $50,954.05 addressing computer issues. These expenditures did not address the core problems; they merely put a band- aid on the problems so that the departments could continue to operate. Most problems, especially in the Building Department were related to the network set-up. Many of the problems experienced by Public Works are due to poor access to the network, which is facilitated by a "virtual network" through Brighthouse. As the City has improved its financial and operating software, the operation and efficiency of the network to connect each department becomes vital in order to enjoy the upgrades. The City did not use an RFQ, RFP or Bid system for these IT services. This could be done if the Council desires; however, given the problems we face, the time it would take to develop an RFQ, RFP or Bid to address the issues and the time involved to assess the responses to a RFQ, RFP or Bid, I do not recommend proceeding in this manner because our business depends upon daily use of the computer system. As for the work being proposed by NebuTel, Inc., you will find a letter, as a part of the package from Sam Thorpe, outlining their credentials and their proposal. They are the only company in the area to offer these solutions and were recently declared a sole source by the City of Kissimmee to provide similar services. In this instance we would request Council also declare them a sole source. In addition to the items in Mr. Thorpe's letter, Council needs to address access to the Council work room and access to the internet for the Mayor's computer outside of City Hall operating hours. Prior to the vacating of the City Hall Annex, the Mayor accessed his computer and email there. We have provided access for the Mayor's computer at City Hall during working hours. Subject: Discussion — Computer Issues Continued Summary Continued: However, due to current configuration of work space we are not able to give 24 hours a day17 days a week access to Council Members who have requested to meet with individuals or use the Council work room/computer after City Hall closes or on weekends. The solutions for these problems are relatively easy, but necessitate additional funding for two roll down panels and one door, which would secure the Finance open area, the City Clerk's open area and the records storage area/break room and allow keys to be issued to the entire Council for access to City Hall at your convenience. Finally, staff has been asked to begin to use MicroSoft Project Manager as well as MicroSoft Visio. Currently we have one user license for each program. There is no way staff can become proficient in these applications as well as efficiently use one license key among the entire staff. If Council desires to continue to proceed with the introduction of these programs adequate resources are required. Requested Council Action: Provide direction on how Council would like to proceed. Possible motions: • Approve the purchase of hardware and software from Dell in the amount of $12,215.00 and approve use of reserves as funding for the same. • Approve the purchase of hardware and software from CDW in the amount of $1,988.73, plus shipping and approve the use of reserves as funding for the same. • Approve the waiving of the purchasing policies to allow continued use of Sam Thorpe as the City's IT Consultant for installation and configuration of the hardware and software in an amount not to exceed $15,000.00. • Declare NebuTel, Inc. a sole source provider; Approve the one time setup costs of $9,050.00; recurring monthly costs for Internet/Network Services & Monitoring of $500.00 per month ($3,500.00 for the remainder of the fiscal year) and approve use of reserves as funding for the same. • Approve the purchase and installation of two roll down panels and one door in the amount of $1,600.00 and approve use of reserves as funding for the same. • Approve the purchase and installation of MS Project Manager and Visio in the amount of $6,336.00 and approve use of reserves as funding for the same. Financial Impact: Varies depending upon direction given. A summary sheet which outlines all proposed costs is attachment 2. Attachments: 1. Correspondence from Sam Thorpe outlining problems and solutions. 2. Cost summary sheet Submitting Department Head: NIA Date: Approved by Acting City Manager: Angela M. Apperson Date: 2123110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Angela Apperson, CMC:, Acting City Manager City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Sam Thorpe ,;thqrp,L&c1Ln, 178 Bimini Road Cocoa Beach, FL 32931 321-783-4667 service@sthorpe.com - �i (", V\ tVUu1f__ Re: Recommendations to improve security and reliability of the City of Cape Canaveral computer network Dear Angie, I began working on the City's existing computer network last year. I have performed repairs on individual computers in: the Finance, Building and Public Works Department. During this time I have the following items that are causing chronic functionality problems for users and some serious security and reliability risks to the City's data. I ) There is no centralized and managed backup of employee email. Email records are kept locally on each user's computer hard drive and are subject to complete loss in case of drive failure. 2) Normally a government organization would use their official domain name in email addresses to avoid identity confusion and mistakes. IE: cu sl� instead of C ,ii yLtLaf IL@Lf Lrr 3) There is only a single backup device for each of the Cape -Main andl Cape-Filnance servers and there is no automatic notification of backup success or failure. The single backup drives are an improvement over the failed tape drive systems and the, slow cumbersome offsite backup but need redundancy and notification capability, 4) The network's primary domain controller server, Cape -Main, is configured as a Terminal Server to provide access to remote departments for the IMS and Springbrook applications. Installing a terminal server on an Active Directory domain controller is not recommended. Allowing users to run programs on a domain controller could create security risks and performance issues and is not recommended by Microsoft This appears to have been done to work around the inherently slow Internet VPN connection between departments. 5) The Cape -Main server is almost 5 years old. Its Dell warranty and support contract was renewed in 2008 but expires 6/15/2010. 6) The Cape -Main server is running out of disk space. The critical C: system partition has less than the recommended 10% free space and this was only achieved after some maintenance to create more space. The D: partition where the City's data is stored is down to 25% free space. 7) The network anti-virus software package license has expired. There is no centralized spam prevention and no content filtering on web access. 8) There are 4 connection points to the internet (one at each city facility) with no central control/filtering of web and email traffic 9) The VPN (virtual private network) network connections utilized to connect the Building Department, Public Works and Recreation Department to City Hall are slow and unreliable for City Staff using critical shared applications. The limited bandwidth of the internet VPN connection forces the use of terminal server to connect to the Cape -Main server. Data flowing from City Half to the Building Department or Public Works must traverse the public Internet via Brighthouse. 10) The buried copper Ethernet cable interconnecting the buildings at the Public Works facility is unreliable and causes outages and loss of connectivity. The existing copper Ethernet cable runs are too long and subject interference from moisture in underground pipes. City of Cape Canaveral Page 2 11) The Hewlett Packard RP -5700 point of sale computer being used as server in the building department is unreliable and unsuitable to the task it is performing as the Laserfiche server for vital Building Department records. Although it is still under warranty it has suffered the failure of 2 hard disks, the mother board and CDROM. I recommend taking the following actions to correct these problems as soon as possible: 1) Replace the Cape -Main Server with a new Microsoft Small Business Server 2008 purchased directly from Dell. Configure Exchange Server for cityofcapecanaveral.org email. Specifications and pricing are attached. This will: a) Allow onsite centralized storage, management and backup of staff email and data using multiple external USB drives with notifications to key City Staff b) Remove terminal server configuration and attendant security/performance problems c) Increase storage capacity to provide for current and future critical needs d) Replace aging mission critical equipment and obtain future mission critical 4HR 7x24 Onsite Support e) Migrate Building Department Laserfiche application to new hardware and retire existing HP computer to desktop status f) Allow designated Staff remote access to their computers, mail and Share Point. 2) Remove the existing Brighthouse Networks Cable modems and VPN connections at Building Department, Public Works and Recreation Department. Replace with direct point to point Motorola microwave links per attached Nebutel Proposal. This will: a) Increase bandwidth to allow IMS, Springbrook and Laserfiche users to connect directly to server b) Increase security and reduce cost by eliminating multiple Roadrunner connections to internet and allowing installation of a single security appliance at City Hall to filter email and web traffic. 3) Install microwave links to multiple buildings at Public Works to resolve connectivity problems there as described in the Nebutel Proposal. 4) Replace Sonicwall Pro 1260 with a Cisco SA -540 Security Appliance with Cisco Trend Protect Link software at City Hall to filter email and web traffic for all City locations for viruses, malware, spam and content. See attached pricing to City direct from vendors. Add a 24 port managed Dell Gigabit capable Ethernet switch. 5) Install Trend Micro Worry Free Business Security Standard on servers and workstations to protect files on local computers (replaces expired McAfee AV software) Attached are the following vendor quotes for direct purchase by the City for the hardware, software and microwave link services: 1) Nebutel Microwave Link Proposal and schematic dated 1/23/2010 2) Dell Quote for new Poweredge Server with Small Business Server Software and switch 3) CDW Pricing for Cisco & Trend Components The labor cost for installation of the Del! Poweredge Server and migration to Small Business Server 2008 will vary depending on the condition of the existing server and workstations but will not exceed the cost of the direct vendor purchased items unless very unusual pre-existing problems are discovered. The same is true for the Cisco and Trend products. Please review this, I will be happy to provide more information on any item required. Sincerely, Sam Thorpe Proposal For CITY OF CAPE CANAVERAL Prepared by L NebuTelo NebuTei, Inc. Description Larry Hall of NebuTel, Inc. and Sam Thorpe, met with the City Manager and other officials for the City of Cape Canaveral on Thursday January 14th, 2010 at the City Hall Building and again at the Public Works facility on Thursday January 215}, 2010. The purpose of the meetings was to discuss a broad range of networking and computer issues that have become problematic for virtually everyone working for the City of Cape Canaveral and to see the existing equipment and speak with the personnel using the network. There are several critical areas that the problems fall into however at the core of all of them is the underlying physical and logical architecture of the communication infrastructure. The purpose of this proposal is to present an upgrade path from the underlying existing backbone to a new architecture and new hybrid backbone consisting of both wireless and wired components. Objective: The management for the City of Cape Canaveral has requested NebuTel, Inc. to provide: 1. Improved communication between the existing interconnected buildings. This solution is intended to eliminate or reduce the problems experienced with .dropped _connections, intermittent connections, and to increase bandwidth between the facilities. 2. The increased throughput will also support on-site backups and centralized file and data storage which has been problematic. 3. Improved security for City computers by eliminating inter -office network traffic from traversing thepublic Internet as itpresently does. Statement of Work; It is generally recognized that it would be cost „prohibitive to run dedicated fiber or copper wires between each of the buildings that would need to be interconnected. Some of the buildings at the Public Works campus are already wired between the buildings, however several of the longer runs exceed the maximum distance and as a result additional switches have been added to "amplify" the signal to help solve the problem. This solution is not working. It is significantly less expensive to provide a wireless link between the buildings and maintain wired connections within the buildings. These wireless links use an encryption technology to prevent eavesdropping. In order to establish an adequate link the wireless radio must be mounted at a height that will provide "line -of -sight" to the buildings that are being linked. We estimate that the required height will be approximately 45 feet high. This is the same height of an existing tower at the Public Works campus that is used for two-way radio communication and a security camera. This is an estimate and not an absolute. Wepropose mounting a similar tower at the Public Works campus on the LAB Building West wall where it would not cause any.problems with your daily operations. This will enable the tower to be supported by the building via standoff brackets for a substantial ,part of the height and the remainder would not require guy wires. A second tower of the same or less height would need to be installed at the City Hall building. The Building Department will not require a tower because the point-to-point link to that building will come from the City Hall tower and is not necessary. The following work items are to be performed by NebuTel, Inc. 1. Installation of two antenna support towers approximately 45 feet high. Final height to be determined by radio connection quality and permitting. Any required permits are to be provided by the City of Cape Canaveral. 2. Installation, alignment, calibration, wiring, grounding, and testing of a Motorola Point -to - Point backhaul radio pairs between the new Public Works tower, the new tower at City Hall, and a link between the City Hall building and the Building Department building across the street. 3. New Network Diagram complete with all IP Addresses and location information to reflect the "As -Built" network. 4. Installation, alignment, calibration, wiring, grounding, and testing of a Motorola Point -to - Multi -Point subscriber radios at the following locations: • Public Works Administration Building and the new Public Works tower Access Point. • Public Works Electrical Building and the new Public Works tower Access Point. • Public Works MTR Control Room and the new Public Works tower Access Point. • Public Works LAB Building and the new Public Works tower Access Point. • Public Works Street Department Building and the new Public Works tower Access Point. + Recreation Department Building and the new Public Works tower Access Point. 5. On -Going network monitoring and support service for each of the installed links. This component of the job is monthly service requiring a three-year service agreement. The following work items are to be performed or provided by the City of Cape Canaveral. f. Each of the two new towers requires an outdoor rated 110 volt duplex outlet that is protected by a collocated 20 amp breaker. This service must be within 10 feet of the location of the new tower. 2. Any permits required for this work. 3. 24 Hour access to the tower locations. This item is so that we can service any of the equipment during the monitoring phase of the contract. No inside access will be required as our service Is limited to the radio equipment located on the outside of all the connected buildings. Cost: The one-time setup cost for this proposal Is, 6 Hours Network Administrator configuration & support time @$125/hr. $ 750.00 2 Installation of Motorola Canopy backhaul radio pairs on two towers $1,000.00 2 Installation of Motorola Canopy Access Paints on Public Works tower $ 500.00 2 45 foot communication tower kits (base, plus 3 10' sections, top, brackets) $5,000.00 6 Installation of Motorola Canopy Subscriber Multi -Point radios $1,800.00 Total Setup Cost: $9,050.00 NebuTel is providing all the radio equipment for this project. The radios and associated lightning equipment and power supplies shall remain the property of NebuTel, Inc. and shall be removed by NebuTel, Inc. upon termination of the service agreement. The monthly recurring cost for the Internet/Network Service & Monitoring is: $500.00 Note 1: The term of this service agreement is "36 -Months". Customer is responsible for charges through the last day of the month in which the service or services are cancelled. Installation and setup costs are NOT refundable. Note 2: All radios used in this deployment are the property of NebuTel, Inc. and must be returned at the end of our service agreement. NebuTel will remove these radios at our own expense. Note 3: City of Cape Canaveral is responsible for providing any required permits as well as providing us access to all buildings with radio installations. Upon Acceptance of this proposal 50% ($4,525 ) payment is required and the balance is due at completion of the project. Larry Hall NebuTel, Inc. (321) 757-6707 Work (321) 757-5707 Fax (321) 795-8432 Cell Accepted By: Date I 0 (6 o ICU da .0 ca 0 a) 0 E c: E 0 0 Z E E cu 0 [2 (D E (D 0 CL 2 0 0 C " 0 0) C: u 0 X -J a) I Ann MM�r MA E 2 ca CL I L- 0 (D 0 0 IL .0 a) iU 0 Z -D a) w 0 0 CL 2 a) CL - NebuTel, Inc,".1 ........ February 2, 2010 City of Cape Canaveral 7510 N. Atlantic Ave Cape Canaveral:, FL 32920 To, Whom It May Concern.- ........... --- ............. ­ ............. ............. -- ...... - ............. h 11p Wvvww. N �-;,b uTe L corn ............ NebuTcl is a Motorola Authorized Canopy Solution Provider (ACSP) based in Melbourne, Florida. We own and operate our own Motorola Canopy wireless network that spans the entire length of Brevard County and as of the date of this letter we are the only Motorola ACSP that is a "facilities based" provider that spans not only tile City of Cape Canaveral but also Brevard County. In addition, our clients include the Clerk of Court for Brevard County, NASA facilities, Northrop Grumman, Harris Corporation, Verizon, AT&T, Bright House, and rnany more. We have been in busine.". since May of 1991 and are in good standing with tile State of Florida, If You have any additional questions, please call meat (321) 795-8432. Sincerely, Lai"ry Hall PresidentV NebuTcl, Inc. 3153 Skyway Circle, Suite 101 - Melboume, FL 32934 - ()ffi re (32 P � 757-6 7 07 , Fax 43 21 1 757 - 570 7 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at Dell. Page I of 2 Mflndows�",, I He r,,vlfl'ioiixt . De,,fl014wdo%,,4s'7 View/Print Cart 4A Print Page Florida State Store E, -quote Name SBS 2008 City of Cape Canaveral)Switch E -Quote Description PE 710, CALS & Saved By: Sam Thorpe Phone Number: (321) 783-4667 Descripbon Sl'iow Detal�s service@sthorpe.com Purchasing Agent: Saved On: Sunday, January 24, 2010 Notes/Comments: Expires On: Wednesday, March 10, 2010 Additional Comments: Premier Page Rodda State Store Name Florida Contract Number: 250-000-03-1 .)esciriptlon MLP WIN SBS CAL STE 2008 20 CLT ADDPAK USER CAL Qty Unit Price $1,345.49 Manufacturer Part# 6UA-00104 Dell Part# A2164587 TOTAL: $1,345.49 Dell PowerConnect 2824 10ft Date & Time: January 24, 2010 5.56 PM CST SYSTE�[Ql C1011,0PONENIS Dell PowerConnect 2824 Qty I PowerConnect 2824, 241 GbE Ports, 2 Ports with SFP option, Web Managed Unit Price $451.32 Catalog Number: 84 W1450 Modue Descripbon Sl'iow Detal�s PowerConnect 2824 PowerConnect 2824, 24 1 GbE Ports, 2 Ports with SI=P option, Web Managed Hardware Support Services 3Yr Basic Hardware Warranty Repair: 5x10 HW -Only, 5x10 NBD Onsite Installation Services No Installation TOTAL: $451.32 Del I PowerEdge T710 Date & Time: January 24, 2010 5:56 PM CST SYS'I'Efifi COMPOIHENTS Dell PowerEdge T710 oty I T710 Tower Chassis for Up to Sixteen 2.5 -Inch Hard Drives (3Gbps), Microsoft 9 Unit Price $10,418,19 Small Business Server 2008SP2, Standard Edition with Media Catalog Number: 84 W1633 hlo&k Descflipflon Show Details PowerEdge T710 T710 Tower Chassis for Up to Sixteen 2.5 -Inch Hard Drives (3Gbps) Operating System Microsoft@ Small Business Server 2008SP2, Standard Edition with Media http://premierecomm.dell.con,VdellstorelPopUpslpopup—print—cart.,aspx?c=us&cs=rc962167&1=en&,s... 1/24/2010 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at Dell. 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Access License (CAL) Suites (Standard or Prernitan version dependent upon the edition), and supports o maximum of 75 users or devices. Additional CAL suites can be punlia.wil in mrrenrents of 1, 5, or 20 park quantities for Users or Devices. 120 day (dal included in product May not he available in all rnarkets, and/or languages. Refer to the Editions Overview pagr, at for detaits on market and language availability. For the first year of availability, customers using applications that are not yet certified for use on SQL Server 2008, a copy of SQ�L Server 2005 Standard W11 also be included in SBS 2008 Premium. SOL Server 2000 (or 20053 Standard can lie installed at, other server; if ycu Install SQL Server 2008 Standard on the first server then you must 'nstafl the tools 0111 another niachim�, Go to ww,w.ul,iitilt�'lplyyonL,jrpower,,coul,Tt to learn more. t Installing Terminal Server on a Domain Controller Page 1 of 1 kmoft^ TechNet ©2010 Microsoft Corporation. All rights reserved. Installing Terminal Server on a Domain Controller Installing a terminal server on an Active Directory domain controller is not recommended. Allowing users to run programs on a domain controller could create security risks and performance issues. If the Terminal Server role service is installed on a domain controller, the security settings of the domain controller will need to be adjusted to allow users remote access to the server. This remote access is controlled by the "Allow log on through Terminal Services" user rights assignment, which can be configured by using the Group Policy Management Console (GPMC). On a domain controller, by default, only the Administrators group is granted the "Allow log on through Terminal Services" user right. To allow remote access to the terminal server for users who are not members of the Administrators group, you should grant the Remote Desktop Users group the "Allow log on through Terminal Services" user right. For more information about using GPMC to configure user rights assignments, see the Windows Server 2008 Group Policy Management Console Help. GYN ote Installing the TS Licensing role service on a domain controller is recommended in certain circumstances. If a Terminal Services license server is installed on a domain controller, terminal servers in the same domain as the license server will automatically be able to discover the license server. Because users are not connecting directly to the license server to run programs on the license server, the security risks and performance issues can be mitigated. For more information about license server discovery and configuring TS Licensing, see the TS Licensing page on the Windows Server 2008 TechCenter (httPJ/go_microso�.com/fwlink/?Linkld_=79607 [ http://go.microsoft.com/fwlink/?LlnkId=79607 ] ). Additional references Checklist: Terminal Server Installation Prerequisites [ http://technet.microsoft.com/en-us/library/cc743159 (WS.10).aspx ] Tags: Community Content http://technet.microsoft.com/en-us/library/cc742817(WS.10,printer).aspx 1/14/2010 Itj ca 0 IV as VJ F? n. M ft 0 LA P- JU a 0 0 Q 7- 8 0 Po *a Ln lO Lb A. 1 Lf) i M co (D LL i 0 (3i i cd IL co W) 1 CO CN co 46J .4 CD CD CD 0) 0 1 . q oi 6 0) (3) CD .0 0 IL 6% CO -Y y u 0 U 41 > Oe Ln rq M Go It cr) OD Ch Ln N C') —4 N N v v f, 00 CO 00 (D AD CD 4 ir. it co (D LL 0 > 2 4 ir. 11 ■ 00 0 N O C=> O I Vl N N 4� O N All -in -One Security for Your Small Business Secure your business network with a single, flexible, affordable solution. In today's connected world, businesses that preserve the integrity of their network gain a powerful advantage. When a company can protect itself against intruders, spam, phishing, and other viral hazards, it avoids the costly pitfalls of other, less secure networks. The Ciscom SA 500 Series Security Appliances, part of the Cisco Small Business Pro Series, are designed to help small businesses do just that By guarding every component of your network—at the mobile, gateway, server, and client levels ---the Cisco SA 500 Series helps ensure that productivity never gets interrupted and business can keep moving. As the worldwide leader in networking and communications. Cisco is dedicated to empowering small businesses like yours. The Cisco SA 500 Series is a simple, flexible solution that fits neatly into your network—and your business strategy. By fortifying your network with the Cisco SA 500 Series, you gain more than absolute security and transparent connectivity for your network You lay a foundation for robust business performance, now and in the future. The Cisco SA 500 Series provides: • Improved business resiliency: Prevent disruption of business -critical applications and services due to security breaches by implementing a robust business -grade firewall, along with support for IPS, email and web security. • Enhanced authentication security for remote users Prevent unauthorized access to your business network by using hardware- or software -generated one -time -use passwords. - Increased employee productivity: Prevent the loss of employee productivity by protecting your network against spam, spyware, and inappropriate web browsing, using the optional Cisco ProtectLink Gateway. iii Reduced IT costs: Free up IT support resources and avoid the costly process of cleaning up infections due to spyware, viruses, and other malware by preventing them from occurring. - Easy -to -deploy remote access: Allow employees and partners to quickly and easily connect to the business with SSL VPN. Improved business efficiency: Reduce costs associated with deployment, ongoing management, and monitoring of the security solution by using a single, easy -to -install, easy-to-use solution. - Decreased liability: Reduce the company's exposure to liability due to compromised data or inadequate corporate controls by implementing comprehensive access control and threat protection services in a single device. Peace of mind: Get maximum value from your Cisco solution with the Cisco Small Business Pro Service. Service and Support The Cisco SA 500 Series is backed by the Cisco Small Business Pro Service, which provides affordable coverage for any small business owner. Delivered by Cisco, this comprehensive service includes software upgrades and updates, extended access to the Cisco Small Business Support Center, and next -business -day hardware replacement when needed: In addition, it provides community-based support that al lows small businesses to connect and collaborate via online forums and wikis. For more information about the Cisco SA 500 Series, visit www.cisco.com/go/sa5oo. 'Where available. Comprehensive gateway security and VPN connectivity. With its combined firewall, email, and web security capabilities, the Cisco SA 560 Series stops threats before they enter the network and affect business operations. Cisco SA 500 Series Security Appliances O—Notlncluded *—included ' Performance test methodology: Maximum performance based on RFC 2544. All results are aggregate bidirectional. Actual pertormance may vary upon network environment and configuration. Q 2009 Cisco Systems, Inc. All rights reserved. Cisco, the Cisco logo, and Cisco Systems are registered trademarks or trademarks of Cisco Systems, Inc. and/or Its affi2stes In the United States and certain other countries. All othertrademarks mentioned In this document or webshG are ft property of their respective owners. The use of the word pannar does not Imply partnership relationship between Clsco and any other company. (09038) SA 520 SA 520W SA 540 SKU SA520-Kg SA520W-K9 SA540-K9 Firewall Stateful packet inspection throughput' 200 Mbps 200 Mbps 300 Mbps Firewall+email+websecudty throughput 200 Mbps 200 Mbps 300 Mbps Connections 15,000 15,000 40,000 Rules 100 100 100 Schedules • • - IPS • • • Peer-to-peerand IM blocidng • • • VPN 3DES/AES VPN throughput` 65 Mbps 65 Mbps 85 Mbps IPsac VPN lunnels 50 max 50 max 100 max SSL VPN tunnels 2seats included license required 2 seats included; license required 50 seats (max) included to upgrade to 25 seats (max) to upgrade to 25 seats (max) Dead peerdetection • • • 1Psec NAT traversal • • • NotBIOS broadcast over VPN • o - Cisco ProtectUnk Gateway URL filtering 80+categories 80+ categories 80+categories Web threat protection • • Antispam protection • • Virus patterns More than 3 million More than 3 million More than 3 million Spywarepatterns More than 420.000 More than 420,000 More than 420,000 Wireless 80211 b/g/n O • O 2 x 3 multiple input multiple output (MIMO) O • O 24 GHz O • p Wi-Fi Multimedia quality of service O • O Unscheduled automatic power Savo delivery O • O MAC filtering O • O WEP, Wi-Fi Protected Access Pre -Shared Key O • O Basic service set identifier (BSSID) O • O Ability to dynamically or manually adjust O • O transmit power Wi-Fi Protected Setup (W PS) O • O Other Routing Static, RIP v1, v2 Static, RIP vi, v2 Static, RIP v1, v2 VLANs 16 16 16 IPsec/Pcint-to-PointTunneling Protocol • • • Message digest MD5/SFW 1/SHA2 MDS/SHAT /SHA2 MD5/SHA1 /SHA2 Encryption DES13DES/AES DES/3DES/AES DES/3DES/AES Usordatabase 100 100 400 Dynamic DNS (DDNS) • • • Load balancing • • • Integrated andautomated Woverand Tailback Yes, using optional part for dual WAN Ye$ using optional port for dualWAN Yes, using optional port fordual WAN VeriSign VAP support • Physical interfaces All Ethernet ports 10BASE-T, All Ethernet ports 10BASE-T, • Ali Ethernet -ports 10BASE-T, 100BASE-TX 1000BASE-Teapable 100BASE-TY,1000BASE-T capable 100BASE-TX1000BASE-Tcapable 4 LAN ports 4 LAN ports 8 LAN ports 1 WAN port 1 WAN port 1 WAN port 1 optional port for use as LAN, i optional port for use as LAN, WAN, • 1 optional port for use as LAN, WAN, WAN, or DMZ port or DMZ port I or DMZ port I USB 20 port 1 USB 20 port • 1 USB 20 port 1 power switch 1 powerswitch 1 power switch 3 external antennas O—Notlncluded *—included ' Performance test methodology: Maximum performance based on RFC 2544. All results are aggregate bidirectional. Actual pertormance may vary upon network environment and configuration. Q 2009 Cisco Systems, Inc. All rights reserved. Cisco, the Cisco logo, and Cisco Systems are registered trademarks or trademarks of Cisco Systems, Inc. and/or Its affi2stes In the United States and certain other countries. All othertrademarks mentioned In this document or webshG are ft property of their respective owners. The use of the word pannar does not Imply partnership relationship between Clsco and any other company. (09038) Cisco_ Data Sheet Cisco SA 500 Series Security Appliances An All -in -One Security Solution to Secure Your Small Business The Cisco' SA 500 Series Security Appliances, part of the Cisco Small Business Pro Series, are comprehensive gateway security solutions that combine firewall, VPN, and optional web and email security capabilities, helping you feel confident that your business is protected and resilient. These easy-to-use security appliances let you control access to network resources, enabling you to protect business data and maximize network uptime. The Cisco SA 500 Series helps increase employee productivity by controlling web access, spam emails, phishing attacks, and other emerging threats, as well as by freeing IT resources from virus eradication and system cleanup activities. With the Cisco $A 500 Series, you can safely deploy new business applications without opening up security holes. Mobile employees and business partners can also securely connect to your network over the Internet using IP Security (lPsec) or Secure Sockets Layer (SSL) VPN services. With a Cisco SA 500 Series solution protecting your network, you can focus on growing your business without worrying about the latest security threats. Challenge The Internet has become a critical business tool for organizations of all sizes, offering new opportunities for business growth and allowing partners and remote workers to access the business network via VPN connections. But it is also a conduit for threats to enter a company's network, and these threats can have a significant negative impact: • Unauthorized access can lead to loss of company data, unplanned downtime, and related liability concerns. • Viruses can infect systems, bringing them down and resulting in outages and lost revenue. • Spam and phishing create a nuisance and contribute to a loss of employee productivity. • Spyware provides a direct inside view of your network and data that can lead to identity theft and business data loss. Browsing of non -work-related and harmful websites leads to lost productivity, exposure to viruses and spyware, and possible legal issues involving employees. Solution The Cisco SA 500 Series provides small companies with comprehensive gateway security and VPN connectivity. With its combined firewall, email, and web security capabilities, the Cisco SA 500 Series stops threats before they enter the network and affect business operations. The Cisco SA 500 Series: Allows valid business traffic to flow while keeping out unwelcome visitors. It also supports a demilitarized zone (DMZ) to safely host file, web, and other Internet -accessible servers without exposing the business's internal LAN network to threats. Provides full-strength email and web protection at full speed: With robust content security capabilities delivered via the optional Trend Micro ProtectLink Gateway subscription offering, the Cisco SA 500 Series provides critical perimeter security services for comprehensive protection: o Full strength protection at full speed: ProtectLink Gateway services are delivered via a unique cloud - based approach. Emails destined for your small business are first inspected by Trend Micro, using enterprise -class inspection capabilities to stop a greater range of threats. For example, ProtectLink Gateway will scan your emails for more than 3 million different virus patterns and more than 400,000 spyware patterns. Additional antispam technology is provided via 10 different inspection technologies that 0 2009 Cisco Systems, Inc. All rights reserved. This document is Cisco Public Information. Pagel of 7 Data Sheet evaluate not just the senders network address reputation, but also the actual content of the email itself. Other small business products cannot make similar claims. In addition to the security benefits this approach provides, it avoids the compromise many other vendors make of having to slow down the bandwidth of traffic in order to inspect email and web content. With ProtectLink Gateway, more threats are stopped before they get to your business, without affecting bandwidth. • Antivirus: Award-winning antivirus technology shields your internal network resources from both known and unknown virus attacks, at the most effective point in your infrastructure, the Internet gateway. Filtering your email and web traffic at the perimeter eliminates the need for resource -intensive cleanup of an infection and helps ensure business continuity. • Antispyware: Blocking spyware at the gateway prevents it from entering your network through Internet traffic (HTTP and FTP) and email, avoiding costly spyware removal procedures and improving employee productivity. • Antispam: Effective blocking of spam, with very low false positives, helps restore the effectiveness of email, so that communication with customers, vendors, and partners continues uninterrupted. • Antiphishing: Identity theft protection guards against phishing attacks, thereby preventing employees from inadvertently disclosing company or personal details that could lead to financial loss. • URL filtering: Web and URL filtering can be used to control employee Internet usage by blocking access to inappropriate or non -work-related websites, improving employee productivity and limiting the risk of legal action by employees exposed to offensive web content. • Increases the security of remote access: With support for VeriSign VIP services, the Cisco SA 500 Series provides two -factor authentication and one -time -use password access control for an increased level of remote access security without the need to purchase any additional authentication equipment. • Offers easy deployment and management: The Cisco SA 500 Series can be managed via the embedded Security Appliance Configuration Utility, a powerful yet easy-to-use browser -based management and monitoring interface. This single solution provides comprehensive configuration and monitoring of all the services in a single application. The Security Appliance Configuration Utility can also be launched from Cisco Configuration Assistant. In addition, the Cisco SA 500 Series supports Simple Network Management Protocol (SNMP) monitoring. Figures 9 and 2 show the interfaces for Cisco Configuration Assistant and the Security Appliance Configuration Utility. Figure i. Cisco Configuration Assistant Interface O 2009 Cisco Systems, Inc. All rights reserved. This document is Cisco Public Information. Page 2 of 7 Data Sheet Figure 2. Security Appliance Configuration Utility Interface Business Benefits The Cisco SA 500 Series Security Appliances provide security and connectivity that help you: • Support evolving business needs: Safely deploy new applications by providing advanced application -layer security services for a wide range of popular applications, including web -based applications, email, voice over IP (VoIP), video, and multimedia applications. • Enhance authentication security for remote users: Prevent unauthorized access to your business network by using hardware- or software -generated one -time -use passwords. • Increase employee productivity: Prevent the loss of employee productivity by preventing spam, spyware, and inappropriate web browsing using the Trend Micro ProtectLink Gateway optional service. • Improve business resiliency: Prevent disruption of business -critical applications and services due to security breaches by implementing a robust business -grade firewall along with support for email and web security. • Reduce IT costs: Free up IT support resources and avoid the costly process of cleaning up infections due to spyware, viruses, and other malware by preventing them from occurring. • Enable easy -to -deploy remote access: Allow employees and partners to quickly and easily connect to the business with SSL VPN. • Achieve operational efficiency: Reduce costs associated with deployment and ongoing management and monitoring of the security solution by using a single, easy -to -install, easy-to-use solution. • Decrease liability: Reduce the company's exposure to liability related to compromised data or inadequate corporate controls by implementing comprehensive access control and threat protection services in a single device. • Enjoy peace of mind: Get maximum value from your Cisco solution through an affordable, subscription - based service offering. The Cisco Small Business Pro Service provides software upgrades and updates, extended access to the Cisco Small Business Support Center, and next -business -day hardware replacement. These benefits make the Cisco SA 500 Series Security Appliance the right choice to address your security needs and enable your network and employees to deliver maximum value to your business. Figure 3 shows the Cisco SA 500 Series Security Appliance with and without wireless connectivity. 0 2009 Cfsco Systems, Inc. All rights reserved. This document is Cisco Public Information. Page 3 of 7 Data Sheet Figure 3. Cisco SA 540 Series Security Appliances, the SA 520W and the SA 520 Product Specifications Table 9 gives the product specifications for the Cisco SA 500 Series. Table 1. Cisco SA 500 Series Security Appliance Models and Specifications i SA 520 SA 520W SAr540 Firewall Stateful packet Inspection throughput` 200 Mbps 200 Mbps 300 Mbps Unified threat management (UTM) throughput 200 Mops 200 Mbps 300 Mbps Connections 15,000 15,000 40,000 Rules 100 100 100 Schedules Yes Yes Yes VPN Triple Data Encryption Standard (3DES)! Advanced Encryption Standard (AES) VPN throughput• 65 Mbps 65 Mbps 85 Mbps IPsec VPN tunnels 50 max 50 max 100 max SSL VPN tunnels 2 seats included; license required to upgrade to 25 seats (max) 2 seats included; license required to upgrade to 25 seats (max) 50 seats (max) included Dead peer detection Yes Yes Yes IPsec Network Address Translation (NAT) traversal Yes Yes Yes NetBIOS broadcast over VPN Yes Yes Yes Trend Micro ProtectLlnk Gateway URL filtering 80+ categories 80+ categories 80+ categories Web threat protection Yes Yes Yes Antispam protection Yes Yes Yes Virus patterns More than 3 million More than 3 million More than 3 million Spyware patterns More than 420,000 More than 420,000 More than 420,000 Wireless 802.11 blgfn No Yes No 2 x 3 multiple input, multiple output (MIMO) No Yes No 2.4 GHz No Yes No Wt -Fl Multimedia (WMM) quality of service (OOS) No Yes No Unscheduled automatic power save delivery (U-APSD) (WMM Power Save [WMM-PS]) No Yes No MAC filtering No Yes No 0 2009 Cisco Systems, Inc. All rights reserved. This document is Cisco Public information. Page 4 of 7 Data Sheet Wired Equivalent Privacy (WEP), WI-Fi No Yes No Protected Access Pre -Shared Key (WPA2- PSK), WPA2-ENT Basic service set identifier (BSSID) or virtual No Yes; 4 supported No access points Ability to dynamically or manually adjust No Yes No transmit power WI -F! Protected Setup (WPS) No Yes No Other Routing Static, Routing Information Static, RIP v1, v2 Static, RIP vi, v2 Protocol (RIP) v1, v2 VLANs 16 16 16 lPseclPoint-to-Point Tunneling Protocol Yes Yes Yes (PPTP)lLayer 2 Tunneling Protocol (L2TP) pass-through Message digest MD518HA11SHA2 MD51SHA1ISHA2 MD51SHA1ISHA2 Encryption DESI3DESIAES DESI3DESIAES DESI3DESIAES User database 100 100 400 Dynamic DNS (DDNS) Yes Yes Yes Load balancing Yes Yes Yes Integrated and automated failover and fallback Yes, using optional port for Yes, using optional port for Yes, using optional port for dual WAN dual WAN dual WAN VerlSign VIP support Yes Yes Yes Physical Interfaces • All Ethernet ports 10BASE- • All Ethernet ports 10BASE- • All Ethernet ports 10BASE- T, 100BASE-TX, T, 100BASE-TX, T, 100BASE-TX, 1000BASE-T capable 1000BASE-T capable 1000BASE-T capable • 4 LAN ports • 4 LAN ports • 8 LAN ports • 1 WAN port • 1 WAN port • 1 WAN port • i optional port for use as + 1 optional port for use as • 1 optional port for use as LAN, WAN, or DMZ port LAN, WAN, or DMZ port LAN, WAN, or DMZ port • 1 USB 2.0 port • 1 USB 2.0 port • 1 USB 2.0 port • 1 power switch • 1 power switch • 1 power switch • 3 external antennas Environmental operating temperature 320 to 104°F 32° to 104°F 321 to 104°F (0° to 40°C) (00 to 40°C) (0° to 40°C) Storage temperature -41 to 1587 -4° to 1587 -40 to 1581= (-200 to 701C) (-200 to 709C) (-20° to 70�C) Internal Power Supply Voltage range 90 to 264 VAC single phase 90 to 264 VAC single phase 90 to 264 VAC single phase Input frequency 47 to 63 Hz 47 to 63 Hz 47 to 63 Hz Output voltage 11.4V - 12.6V 11 AV - 12.6V 11.4V -- 12.6V regulation Output current Max 2.5A Max 2.5A Max 2.5A Physical Specifications Form factor 1 RU, 19 -in. rack mountable 1 RU, 19 -in. rack mountable 1 RU, 19-1n. rack mountable Dimensions 1.73 x 12.12 x 7.08 inches 1.73 x 12.12 x 7.08 inches 1.73 x 12.12 x 7.08 inches (H x W x D) (44 x 308 x 180 mm) (44 x 308 x 180 mm)without (44 x 308 x 180 mm) antennas Weight (with internal power supply) 4.91 Ib (2.23 kg) 5.15 Ib (2.34 kg) 5.14 Ib (2.34 kg) Performance test methodology: Maximum performance based on RFC 2544. All results are aggregate bidirectional. Actual performance may vary upon network environment and configuration. 0 2009 Cisco Systems, Inc. All rights reserved. This document is Cisco Public Information. Page 5 of 7 Data Sheet Ordering Table 2 lists the part numbers for Cisco SA 500 Series Security Appliances. Table 2. Product Part Numbers Product Name S]fu SA 520 Security Appliance SA520-1<9 SA 520W Security Appliance SA520W-K9 SA 540 Security Appliance SA540-K9 oDelivery Trend Micro ProtectLink Gateway Incremental 5 -seat license L-PLGW-5= eDelivery Trend Micro ProtectLink Gateway incremental 25 -seat license L-PLGW-25= eDelivery Trend Micro Protectl-ink Gateway incremental 5 -seat license renewal L-PLGW-5R= eDelivery Trend Micro ProtectLink Gateway incremental 25 -seat license renewal L-PLGW-25R= eDelivery SSL license for SA 520 and SA 520W L-FLSSL-SA520-K9= Cisco Small Business Pro Service, 3 years CONSBSSVC2 Secure Connectivity for Your Business The network is becoming a key part of your most important business operations. To keep your business running at its best, and to give customers the service they expect, you need a network that is secure, powerful, and flexible. The Cisco SA 500 Series Security Appliances help make communications easier by connecting customers to your business and your employees to each other. The appliances deliver the solid security, secure VPN access, and advanced routing you need. At the same time, they help you control costs, reduce your need for separate network equipment, and simplify network management. Whether you are starting up a small business or expanding a successful one, the Cisco SA 500 Series Security Appliances can help you get connected today and grow smoothly in the future. Service and Support The Cisco SA 500 Series Security Appliances are backed by the Cisco Small Business Pro Service, which provides affordable coverage that offers peace of mind. This subscription -based service helps you derive maximum value from Cisco Small Business Pro Series products. Delivered by Cisco, this comprehensive service includes software upgrades and updates, extended access to the Cisco Small Business Support Center, and next -business -day hardware replacement as necessary. It provides community-based support to enable small businesses to share knowledge and collaborate using online forums and wikis to help boost business efficiency, identify and reduce risks, and serve customers better. For More Information For more information about the Cisco SA 500 Series Security Appliances, visit http://www.cisco.com/go/sa500 or contact your local Cisco provider. For more information about the Trend Micro ProtectLink Gateway product, visit htto://www.cisco.com/po/r)rotectlink or contact your local Cisco provider. For more information about the VeriSign VIP product, visit http://www.cisco.com/go/vii)token or contact your local Cisco provider. For more information about the Cisco Small Business Pro Service, visit http://www.cisco.com/go/i)roservice. 0 2009 Cisco Systems, Inc. All rights reserved. This document Is Cisco Public Information. Page 6 of 7 Data Sheet Americas headquarters Asia Pacific Headquarters Europe Headquarters Cisco Systems. Inc. CiscoSystems(USA)Pte.Ltd. Cisco Systems Cisco. San Jose. CA Singapore Amsterdam. The Netherlands Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed on the Cisco Website at www.cisco.com/go/offices. CCDE,CCENT.CCSL Cisco Eos. Cisco HeatthPresence. Cisco IronPort. the Cisco logn, Cisco Lumin. Cisco Nexus. Cisco Nurse Connect, Cisco Stackpower. Cisco StadiumVision.Cisco TelePresence, Cisco Unitied Computing System Cisco Web& 0C@ Flip Channels. Flip for Good. Flip Minn Flip Video. Flip Video (Design). Fiipshare (Design). Flip Uitra and Welcome to the Human Network are trademarks: Changing the Way We Work Live. Play and Darn, Cisco Store, and Flip Gift Card are service marks: and Access RegistrarAironetAsyncCS. Bringing the Meeting To You Calatyst.CCDA.CCDP. CCIE.CCIP.CCNA,CCNP. CCSP, CCVA Cisco, the Cisco Certified Irrternelaork Expect Logo. Cisco IQS, Cisco Press. Cisco Systems Cisco Systems Capital, the Cisco Systems Toga Cisco Unity. Collaboration Without Limitation, EtherFasi, EtheiSwitch, Event Center, Fest step Follow Me Browsing. FormShare. G3gaDrive. HomeLink,Internet quotient Ii Phone. iQuick Study, lronPort. the IronPoft Toga LighsStreem. Linksys.MediaTone.MeetingPlace. MeerngPoaceChime Sound, MGX. Networkers. Networking Academy, network Ragis[rar. PCNow. PIx.PowerPanels, ProConnect. ScriplShare, Senderliti SMARThoz. Spectrum Expert, Stackl'Yise. The Fastest Way to Increase Your Internet Quotient, TransPali Wei and the Wei logo are registered trademarks of DscoSyw.ems.lit and/or its affiliates in the United States and certain other countnes Ail other trademarks mentioned in this document orwebsne are the property of their respecfive owners The use o1 the word partner does not imply a partnership relationship between Cisco and any other company (0907R} Panted in USA C78-542899-01 08109 © 2009 Cisco Systems, Inc. All rights reserved. This document is Cisco Public Information. Page 7 of 7 .31-Q1. 4,D, oi:.-nc..^oolu-Z,' a".,. .,e.,..uo,,. C..oanc;el.,nc•or:co,'0[n.,0 M,d TREND securing Your Web World ' M I C R O� � I ANTFSPMARS ANTI -SPAM WESR TATON ANFNIMS ANTFFiiI VG C TCNTFVERWG Trend Micro" Worry-FreeT'Business Security Advanced and Standard 6 #1 for Small Business Security As a small business, you rely on the web to generate demand, serve customers, and compete effectively. However, doing so opens the door to viruses, spam, spyware and other web threats that can steal sensitive information, drain PC resources, and harm your good reputation. Conventional antivirus solutions are not enough. Almost half` of small businesses have suffered an attack—even with traditional antivirus installed. In addition, employees can unintentionally open the door to attacks simply by visiting a compromised website, reading a malicious email, or inserting an infected USB device. Global Smart Threat Detection Trend Micro'" Worry -Free" Business Security solutions provide a safer, smarter, and simpler way to protect your business assets. Unlike other antivirus and antispam solutions, Worry -Free Business Security solutions are powered by the Trend Micro" Smart Protection Network. This next -generation security infrastructure provides a unique approach to blocking viruses, spyware, spam, and web 'threats before they reach your business—it's like having a global neighborhood watch. High Performance, Zero Administration Worry -Free Business Security continuously updates protection, with at least 80 percent of updates residing on the local security server—not on users' PCs. This enables fast scanning to stop the latest threats without significantly impacting performance over time. And it's easy—users stay protected with zero administration. Protection for Any Small Business Worry -Free Business Security offers protection from viruses, spyware and other web threats in three editions: Hosted for small offices; Standard, for small businesses with servers and PCs; andAdvanced, which stops spam before it can reach your business. 'AMI prl—,y .,..h ZOOS Experience Worry -Free Security You can stop worrying about security. Worry -Free Business Security is: Safer • Stops viruses, spyware, spam, and other web threats with unique web and email reputation technology from Trend Micro. • Stops new threats faster by automatically sending information about possible threats from protected computers to Trend Micro using Smart Feedback. • Blocks infected, time -wasting, or offensive websitoswith URL filtering. Smarter • Fast scanning and updates with Smart Scan maximizes protection against new threats. • Minimizes performance impact to PCs by storing update information centrally. Simpler • It's easy to install and deploy. • Offers choice of management consoles: easy dashboard with "traffic -light' status; Microsoft consoles; or a console designed for IT providers. West Coast Labs January 2009 cc Trend Micro Worry -Free Business Security... comprehensive security in a single, easy-to-use solution, protecting against attacks on a wide variety of levels and business situations. n Sterling Networks ce We are seeing a lot more Web threats today, and we appreciate that Trend Micro does a great job in keeping up with the changing nature of attacks... We've seen Trend Micro respond in less than an hour when it takes several hours for Symantec. " Jim Sterling, President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WORRY -FREE SECURITY SOLUTIONS I SOFTWARE 1 DATASHEET Pagel of 2 0C.. -Q Q 0 CI 0 c, DG 0 0 0 C, C o At r 0 DJ0 C,0A a cC - .>-Co - _7 7.- ; TREND MICRO I WORRY -FREE" 8V51NFS5 SECURITY 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fast Scanning Smart Scan detects and removes the latest threats by significantly increasing frequency of updates. Up to 80% or more updates are not I stored on protected computers. _....__.._._._..___..._..._.._.____._..._._.__. _.__...._____.._._ _ ............._.,..,_.._i_ URL Filtering Block websites inappropriate for your business by selecting configurable filter strength, rules, and businesstleisure hours. I Smart Feedback Technology _. - _ -...._ Simply and automatically feed back security - related issuestevents to Trend Micro. • Helps users stay productive • Minimizes impact to users' PCs overtime • Provides additional protection against web threats by blocking exposure to risky websites • Helps keep employees focused by blocking offensive or non -work related websites -------------- - • Identifies new threats faster to protect users rapidly • Speeds identification, analysis, and resolution of new threats to protect all users PCs (desktops/laptops) ✓ ✓ ✓ File Servers ✓ ✓ ✓ Microsoft" Windows- Small Business ✓ J.. _fly Servers, Essential Business Servers Microsoft" Exchange Servers J J J 5a#er Protect}an, � 1, � x}T�,r� l TR_. minimal PC impact (Smart Stan) Newt URL Filtering blocks access to J J unproductive, offensive, or risky sites New! Automatically identifies emerging Blocks viruses, POP3 spam, spyware, - M onitor: 800 x 600 resolution with threats and alerts Trend Micro'" Smart rootkits and bats ✓ stops spam before it reaches your network Feedback technology with InterScan' Messaging Hosted Security ✓ Web Console Requirements: New! Guards against infection from Standard ✓ InterScan Messaging Hosted Security Standard Included with Worry -Free Business Security Advanced. Stops spam before it reaches yourbusiness. • 100% availability Service Level Agreement • No maintenance required - 10MB maximum message size • Can be upgraded at a significant discount to InlerSean Messaging Hosted Security Advanced System Requirements for Worry -Free Business Security Advanced and Standard For detailed system requirements, visit vwwv.worryfree.com Operating System: Microsoft" Windows" 2000 and SP3 SP4, Windows Small Business Server 2000 and SP1a, 2003 (includes Storage Server 2003) and SP1,R2, 2008, Windows XP Professional and SP2 or later, Windows -lista- SP1 and SP2, Windows Server 200$ (including Storage Server 21)03) and SP1 and SP2, R2, SP1, 2008 SP1 or SP2, R2, Windows Home Server (32-bit only) or SP1, Windows Essential Business Server 2008 Mote: All major editions and 64-bit versions of these operating systems are supported unless noted. Worry -Free Business Security 6.0 is compatible with Win200S R2 Beta build, and VISTAlWIn2OO8 SP2 RC build. Processor: Intel' Pentium-orAMD— RAM: 256MB-4GB (operating system dependant) WORRY-rREE SECURITY SOLUTIONS I SOFTWARE I DATASHEET Page 2 of 2 : Disk space: 300MB j JrtitdrterProtectfen _ �a�i%1 rile r� 1- ik k� _fly tv Web Browser: Microsaft"Intemet New! Faster scanning, quicker updates with J J Explorer 6.0 or 7.0 minimal PC impact (Smart Stan) = New! Automatically identifies emerging - - M onitor: 800 x 600 resolution with threats and alerts Trend Micro'" Smart ✓ ✓ : 256 colors Feedback technology Web Console Requirements: New! Guards against infection from ✓ ✓ • Microsoft" Internet Explorer 6.0, 7.0, 8.0 USS devices • Adobe- Acrobat" Reader 7.0 or 8.0 Filters Instant Messaging (IM) content ✓ ✓ to view reports Secures Wireless (WrFi) connections ✓ ✓ • I ntemet connection Locks down select files and folders ✓ ✓ (e.g. QuickBooks®) SlImPlar. Protection Newl Enhanced dashboard for at -a -glance ✓ J status checking TREND D T`�. Zero Administration tit try I C R • Easy install with preconfigured settings ✓ ✓ ✓ ..ae3 • Generates security reports ✓ ✓ ✓ . .. .. _ .. • PCOVfdeS a choice of COnsOIBS .... ✓ - ✓ - - - C2MTmnd Micro, Incerporaled.Al rights msery d.Tmnd Nero, the : Trend Micro Wall logo, InterScan, and Wony-Free are tradenadm or • Sets higher security automatically for m9�t�dtrad•rnarlmnr7rendMi=,cneorpomted.ANct,erproduct traveling laptops ✓ ✓ or company names may be trademadrs or registered trademadrs ortheiro enc. [DS0 wFa 090513USl www.trendmicro,eoln "For lntergrated WORRY-rREE SECURITY SOLUTIONS I SOFTWARE I DATASHEET Page 2 of 2 Angela Apperson From: Sam Thorpe [service@sthorpe.com] Sent: Thursday, February 11, 2010 11:59 AM To: 'Angela Apperson' Subject: RE: Microwave implementation concern Angie, Todd asked about alternatives to the microwave system. Two possible alternatives are: Installing a private fiber optic network interconnecting all the city's facilities via fiber optic cable installed along public right of ways. a) Pros: 1) Fast 2) Secure b) Cons 1) Extremely expensive to install (minimum 5 to 10 times cost of microwave system) 2) Time needed to plan, acquire ROW and construct 3) Right of way to run cables must be obtained from utilities or cable installed underground in city ROW 4) City responsible for maintenance Utilizing shared public network like Brighthouse Metro Ethernet a) Pros: 1) No construction 2) Brighthouse responsible for maintenance b) Con's 1) Using shared network not totally under control of the City. Possible security concern. 2) High monthly recurring cost vs. microwave. Approx $2,500/mo for Brighthouse Metro Ethernet vs. $500/mo for Motorola Microwave System 3) Separate installation and maintenance of fiber optic network required to interconnect separate buildings at the Public Works Complex. This was estimated to cost approx $7,500. This would not be needed with the Motorola Microwave system. This is included in the microwave system. Based on these criteria I recommended the Motorola Microwave system. Sam Thorpe Sthorpe.com 321-783-4667 From: Angela Apperson [mailto:apperson-cape@cfl.rr.com] Sent: Friday, February 05, 2010 7:03 PM To: Sam Thorpe; Hall@nebutel.com Cc: Todd Morley; Walter Bandish ; Robert Lefever; Mia Goforth; Kim McIntire; Jeff Ratliff, Barry Brown; Andrea Bowers Subject; FW: Microwave implementation concern Sam and Larry, Below are some staff concerns. Would you two confer and send me a response? Thanks, Angela Apperson, CMC, Acting City Manager City of Cape Canaveral 10 S Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Tel: (321) 868-1220/ 1221 FAX: (321) 868-1248 apperson-cape@cfl.rr.com www.cityofcapecanaveral.or AConserve paper. Please don't print this e-mail unless you really need to. From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Thursday, February 04, 2010 2:14 PM To: 'Angela Apperson' Subject: Microwave implementation concern Angie, The microwave plan requires a direct line -of -sight between two or more points. Looking at a possible scenario (see below), the distance is 4,982 ft (approx. 9/10 of a mile). Mostly traversing open water. Fortunately, we don't seem to have any tall buildings in the way. But as the line passes over the Majestic Bay property and the Carver's Cove property, there are few significant trees (30+ ft. high). It is possible that we would need to trim the height of some trees (and possibly remove the couple of tall palms). If so, we would need the property owner's permission. Geoff Geotz owns the Carver's Cove property. Robert Wollam owns the Majestic Bay property. Please let me know if you would like me to contact them. -Todd Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 3,21-868-1222 fl2rij..a_corn cape E-mail:TjCarley-case c�fl.rr.qogi Fax 321-868-1247 From: Todd Morley [miaiIto:morley-cape@cfl.rr.com] Sent: Thursday, February 04, 2010, 1:43 PM To: 'Angela Appersoni' Subject: RE: Computer Issues M Sam addressed the big picture concerns quite Nvell, He is Ht fiavor ot)-nicrowave linkup. I would like Sam. to address the pros and cons of other systems, aside from microwave. My concerns are based on Dave Sergeant's cornments Erom yesterday re the reliability of the microwave system, especially perforniance during rainstorins. N= Todd Morley, Building Official City of Cape Canaveral 1.05 P'olk Ave Cape Canaveral, Ft.. 32920 Phone 321-868-1.222 wwwrnyflorida,corn/cape E-madmoirley-capeOccft.rr.com Fax 321-868-1247 Frorn: Angela pperson [mailto:apperson-cape@cfl.rr.com] Sent: Wednesday, February 03, 2010 6:30 PM To: Barry Brown; Todd Morley; Walter Bandish ; Andrea Bowers; Robert Lefever Cc: Dave Sargeant; Mia Goforth; Kim (McIntire Subject: Computer Issues Here is the document on our computer system. Please review and send your responses back. I'm hoping to place this on the 3/2/10 couincil agenda. Thanks again for all each of you has done to assist me in the past month. I really appreciate everyone's help!' Angela Apperson, CMC, Acting City Manager City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Tel: (321) 868-1220/ 1221 FAX: (321) 868-1248 a erson-�cae �cflrr.co�m pp� W t ofcap gcanaveral.org NA Conserve paper. Please don't print this e - ,mail unless you really need to. Arida AELerson From: Sam Thorpe [service@,esthorpe.coi-n] Sent: Thursday, February 11, 2010 11:59 AM To: 'Angela Apperson' Subject: FW: Brighthouse Networks Fiber mm Nebutel's Microwave links will be 14 mb at the City Hall, Building Dept and Public Works links. From: Sutherland, Todd [mailto:Todd.Sutherland'@mybrighthouse.com] Sent: Wednesday, February 10, 2010 4:24 PM To: 'Sam Thorpe' Subject: RE: Brighthouse Networks Fiber For Metro E, my next increment is 20Mbps; and the monthly, on that is $750,00, per site,. Frorn: Sam Thorpe [mailto:service@sthorpe.com] Sent: Wednesday, February 10, 2010 11:53 AM To: Sutherland, Todd Subject: RE: Brighthouse Networks Fiber Um You estimated $625/mo for 10 mb Metro Ethernet plus installation costs. How much for => 14 mb per link? Angela Apperson From: Sam Thorpe [service@sthorpe.com] Sent: Thursday, February 11, 2010 11:59 AM To: 'Angela Apperson' Subject: FW: Nebutel Cape Canaveral Proposal Nebutel Microwave Link Bandwidth: -----Original Message ----- From: Larry Hall [mailto:hall@nebutel.com] Sent: Wednesday, February 10, 2010 11:53 AM To: Sam Thorpe Subject: Re: Cape Canaveral Proposal Public Works, City HaLL, and BuiLding Department would each have 14 Mbps of usable bandwidth. Right now they are choked at 512 Kbps due to the upload restriction on bright house. This will be a 14X increase over what they are running right now. Thanks, Larry. ----- Original Message ----- From: "Sam Thorpe" <service@sthorpe.com> To: "'Larry Hall"' <hall@nebutel.com> Sent: Wednesday, February 10, 2010 11:42 AM Subject: RE: Cape Canaveral Proposal > Larry, > what bandwidth will be provided on each link? > Sam Thorpe > Sthorpe.com > 321-783-4667 > -----Original Message----- > From: Larry Hall [mailto:hall@nebutel.com] > Sent: Saturday, January 23, 2010 1:59 PM > To: Sam Thorpe > Subject: Cape Canaveral Proposal > Sam, > See attached. > Larry. I Attachment # 2 Agenda Item # Date: 312110 Agenda Cost Vendor Item Cost Offset Software - Small Business Server (SBS) User Dell Licenses $ 1,345 - Dell Hardware - Connection Switch 451 - Dell Hardware - Server 10.418 - CDW Software - Trend Micro (26-50 users) CDW Software - Cisco Gateway Security CDW Hardware- Cisco SA 540 Secuity Appliance CDW Extended Warranty for Hardware Shipping Sam Installation and configuration of hardware 1 Thorpe software for new server and security Contingency Nebutel One-time Setup costs Monthy recurring costs for Internet/Network Services & Monitoring ($500.00/mth x 7mths) Roll down panels Door Installation to be provided by City Staff SHI MS Project Manager (12 additional Licenses) SHI MS Visio (12 additional Licenses) Installation to be provided by City Staff $ 750 540 - 630 - 69 - unk $ 1,989 $ 14,204 - 796 $ 15,000 $ 9,050 - Current Brighthouse 3,500 3,374 payments $ 12,550 $ 3,374 $ 1,500 100 $ 1,600 $ 4,440 1,896 $ 6,336 Total $ 48,893 $ 3,374 Impact to Reserves $ 45,519 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 31212010 Item No. q Subject: 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. Department: Parks & Recreation Summary: The Recreation Department is requesting an additional seasonal staff person be hired to assist the Recreation Coordinator with Summer Camp tasks & responsibilities. Requested Council Action: Approve request. Financial Impact: see attached memo Attachments: f Supporting Documents Reviewed Memo dated 2-4-10 Submitting Department Head: Robert Lefever Date: 2119190 Approved by City Manager: Date: ZIZ3//0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Me -M-0 Ta Angela Apperson, Acting City Manager Frorm Robert Lefever, Parks & Recreation Director CC: Mayor Randels & Council Members Date: February 4, 2010 Ree Seasonal Summer Camp Counselors Angela, The Parks & Recreation Department would like to request hiring 2 seasonal summer camp counselors, to work no more then a combined total of 30 hours each week, for the 11 week camp duration. Summer Camp 2009 was very popular, filled to capacity almost every week. As successful as it was, there were areas of concern & that is way we are requesting additional staffing. Our maximum group size is 20 & to remain in compliance with the U.S. Department of Health & Human Services we must keep our childlstaff ratio at 1 staff for every 10 children. In 2009 we were able to adhere to these standards; staff required breaks & lunches were always an issue. Additionally, having the reshooms located outside of the camp facility made things even more challenging throughout the day. It was required that any child using the restroom needed to be accompanied by a staff person, leaving the remaining staff person with a ratio of children that was out of compliance with the Department of Health & Human Services. We are requesting a third staff person to work from 9:00 am -- 3:00 pm. This would enable staff to take required breaks & lunches. This would also help with the constant trips to the restroom. Having a third staff person would also eliminate daily recreational operation interruptions when a summer camp counselor is out sick. We are proposing a $5.00 increase per week, which would raise the weekly price to $30.00. This increase would help absorb some of the staff cost Weekly revenue at full capacity is $600.00. An additional staff person, at minimum wage ($7.25) would cost $199.37 per week, leaving the camp $400.63 for operational costs. The 2009 Summer Camp generated revenues totaling $4,635.00 with operating costs totaling $3,500.00. Anticipated revenues for 2010 are $6,600.00 for 11 weeks with operating costs totaling $3,000.00. The additional staff would add $2,193.07 to the costs, leaving a profit of $1,406.93. We discussed the possibility of broking into High School or College paid intem programs, but we did not think it was in the best interest of the City of Cape Canaveral. We felt it would be a liability to the city. Our current summer camp is not set up for a training center for teens or young adults looking to further their education or training in this field. Thanks, Robert Lefever 0 Page 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/0212010 Item No. /Z) ra. Subject: ORDINANCE NO. 02-2008, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTYPARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO "C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORTATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. Department: Community Development Department Summary: See attached Staff Report. Requested Council Action: To approved requested small scale land use map amendment by adopting Ord. No. 02-2008. Financial Impact: None Attachments: (1) Ordinance No. 02-2008. (2) Staff Report. (3) Planning and Zoning Board recommendation. (4) Application. Submitting Department Head: Barry Brown Date: 02/23/10 Approved by Acting City Manager: G4 Date: a 201,1a City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain d AdVantage Electronic Proof Pagel of 3 Electronic Proof For: 0000362157 Submit Corrections CUSTOMER: CITY OF CAPE CANAVERAL [CIT1201 LOCATION: Not available REP ID: 0009 PUB DATE: 02123/10 PROOF UPDATED: 02212010 10:10:28 AM SIZE: 2X10 Click Here To Save/Print the PDF file You must have Adobe Acrobat Reader to view the PDF PLEASE READ ALL COPY CAREFULLY. CHECK SPELLING AND PHONE NUMBERS. Please contact your sales representative if you have any questions. NOTE: The image below has been scaled to fit this screen. Please click on the PDF above to view the full size proof. http://adtracker.flatoday.net/atoUPdfView.asp?PDF=0000362157.pdf&VIEWCODE=1045... 2/22/2010 NOTICE OF A SMALL-SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT Notice is hereby given that the City of Cape Canaveral City Council, will hold a public hearing concerning this Small-Scale Comprehensive Plan Future Land Use Map Amendment on Tuesday, March 2, 2010 at 7:00 P.M. in the Cape Canaveral Library, 201 Palk Avenue, Cape Canaveral, Florida. City of Cape Canaveral Future Land Use and. Zoning Amendments AND it), IAG R3 11) n TROPIC ,�Hoi1EWC1b'G PN. ___� El€ACHQR �{Ir' 9NA SAA ; WFLE I 1 H°nr:xr°°ep&` J I e S ! MILLEA��[GG ORDINANCE NO. 02-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CER- TAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" and "B" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO "C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 P.M. and may appear at the meeting and be heard with respect to the proposed Ordinance. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal the decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's of- fice at (321) 868-1221, 48 hours in advance of the meeting. Mia Goforth Acting City Clerk ORDINANCE NO. 02-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO "C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing on February 27, 2005, in accordance with the procedures in Chapter 163, Part H, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Council ofthe City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated City of Cape Canaveral Ordinance 1do.02-200$ Page 1 of 3 herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibits "A" and "S" from "R-3 Residential" to "C-1 Commercial." Exhibits "A" and °B" are attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with section 163.3 187(4), Florida Statutes, and section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Pian Amendment. The effective date ofthis Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the City of Cape Canaveral Ordinance No.02-2008 Page 2 of 3 Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: MIA GOFORTH, Acting City Clerk Ist Legal Ad published: March 8, 2008 First Reading: March 18, 2008 2nd Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No.02-200$ Page 3 of 3 Against EXHIBIT L+ A D.E1S`CRIP. TION _ s !!! �-� NOT A BOUNDARY SURVEY DESCRIP77ON OF EASEWENT,- A portionof Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevord County, Florida, being more particularly described as follows. Commence of the Northwest corner of sold Government Lot l; thence 501.2901 f; along the West line of said Government Lai 1, a distance of 260.06 feet, to the POINT OF BEGINNING of the herein described parcel.- thence N8945'43'15, a distance of 243.76 feet; thence SOO'14'17"E, a distance of 216.99 feet; thence 5894549"W, a distance of 239.015 feet, to o point on the West line of said Government Lot 1; thence N0129 01 "L% along the West line of said Government Lot 1, a distance of 217.04 rest, to the POINT OF BEGINNING; Containing 1.20 acres, more or less. SURVEYOR'S NOTES.• 1. ?HIS 15 NOT A SURVEY. 2. The bearings shown are based on a bearing of S0129'01'E along the West line of Government Lot 1. 3. • Denotes a change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY NS DESCRIP770N+ SHEET 2 OF 2 PREPARED BY: VLLE N ngineering, Inc. SURVEYORS - ENGINEERS LOB DIXIE WIZ (P.O. BOR 321321} COCOA BEACH, FLORIDA 32932--1321 TELEPHONE: {321)783-7443 FAX: (321)783-5862 CER 77MCATE OF AU7HOR1ZA77ON if LB 266 3: i 2. 1, JOB NO. 980129 GATE: 12--07-07 SURVEYOR'S CERRRCAWN. I hereby cerfify that the attached Property Description was prepared under my direction• in accordance with all applicable requirements of the A4inimum Technical Standards," for land surveying in the Slate of Florida, described fn Chapter 61617-5. FloridaAdm, ra Code, pursuant to Chapter 472.027, Florida Statutes wa�om(B�F, Not valid without the signature (IONAZ N and the original raised seal of a SL SURVIOR Florida licensed surveyor and mapper, IdAPPER FLOP VA PEGFSTRA AOI:' No. 44'22 PP,EPARfD AND CER17F11;D FOP.: TO � E REAL i Y, INC. �l SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURLY W CORNER OF GOVERNMW LOT 1 WEST UNE OF GOVERNMENT LOT 1 CANAMEr4i- L PORT ALT R[l.tZ.CX .0 SUBJECT PARCEL 1.20 ACRES f S.89'4.5'49"W, PREPARED BY: MLLE N ngineering, Inc. SURVEYORS - RIGINEER5 106 DIXIE LkNE (P.D. BOX 321321) COCOA BEACH. FLORID,[ 32932-1321 TELEPROYE: (321)783-7443 FAX: (321)783-8902 CER77F7CA TE OF AUTHMZA 77ON # L& 266 DA TE: 12-07-07 DRAWN BY. 1CSC JOB NO. 980129.4 SCALE: 1'--50* 14 A eI` a vi 239.05' CAPE CARIBE w 0 o its as 5" ioao GRAPHIC SCALE pl SHEET 1 OF 2 N ' o SEE' SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CER77RCA77ON AND SURVEYOR'S NOTES 'AREO AND CERRF?ED FOR. TOW NE REALTY, INC. SHEET 1 OF 3 .r A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24' SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE; THENCE RUN S89'45'43"W ALONG SAID NORTH RIGHT OF WAY LINE, 66.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN N01'29'01"W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST LINE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 1; THENCE RUN N89'45'43" E ALONG SAID NORTH LINE, 66.02 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 33,008 SQUARE FEET (0.758 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 20D { IN FEET ) INCH = 100 FEET l N89'45'43"E POINT OF NOT PLATTED66.02' NORlNHEAST NORTH LINE OF lj�-CORNER OF 802.69' GOVERNMENT LOT 1 GOVERNMENT LOT 1 66.00' NOT PLATTED 66.00' NORTH RIGHT OF WAY UNE OF 813.57' SHOREWOOD DRIVE P m SHOREWOOD DRIVE S89145'43"W 91 66.00' RIGHT OF WAY 66.02' o OR 3482 PG 369 tOR 3587 PG 2167 0= CHANGE OF DIRECTION OR= OFFICIAL RECORD BOOK PG = PAGE 56.00,- 1 RMMY CM" MAT THS 9=121 I= TP2 SDGL'Y MCWCAL 57MW= AS SE' FG.Tr T' DW FL=A 80f10 'VP W7V=4AL SRA_YJIs :.,a YAPPM N "-A7M SIM -e. F1OFMA A0iPC5 M-, CME MWANT TD =-7.M 47XD27. FLGFMA SCAT MM DATA Tt5 2014 GRAY CC D — T-°4 '= A.D. RA! °N. Tr1Git �S SIVGW STATE OF gCMA KaSTi PON Nx !1;1 NOT YAW WNW, 11¢ SIXA -ke AM 1}C Qb:DU; RAJM SEAS o< A FLMDA Ll=V50 SUWVQR A'10 W. St Tr"S 9C_.JI DCES NDT REPREEZENT i aDML ARY R.ASc ne^.aF ra l .Y.[ ae z C j o �►] t�3 cO to NOT PLATTED m d LTI O P g c, O CTL z REMAINDER NOT PLATTED 66.00' NORTH RIGHT OF WAY UNE OF 813.57' SHOREWOOD DRIVE P m SHOREWOOD DRIVE S89145'43"W 91 66.00' RIGHT OF WAY 66.02' o OR 3482 PG 369 tOR 3587 PG 2167 0= CHANGE OF DIRECTION OR= OFFICIAL RECORD BOOK PG = PAGE 56.00,- 1 RMMY CM" MAT THS 9=121 I= TP2 SDGL'Y MCWCAL 57MW= AS SE' FG.Tr T' DW FL=A 80f10 'VP W7V=4AL SRA_YJIs :.,a YAPPM N "-A7M SIM -e. F1OFMA A0iPC5 M-, CME MWANT TD =-7.M 47XD27. FLGFMA SCAT MM DATA Tt5 2014 GRAY CC D — T-°4 '= A.D. RA! °N. Tr1Git �S SIVGW STATE OF gCMA KaSTi PON Nx !1;1 NOT YAW WNW, 11¢ SIXA -ke AM 1}C Qb:DU; RAJM SEAS o< A FLMDA Ll=V50 SUWVQR A'10 W. St Tr"S 9C_.JI DCES NDT REPREEZENT i aDML ARY R.ASc ne^.aF ra l .Y.[ ae City of Cape Canaveral, Florida City Council March 2, 2010 STAFF REPORT Request: For approval of a small scale comprehensive plan amendment to change the land use of 1.95 acres from R-3 Residential to C-1 Commercial and for approval of a rezoning of the same property from R-3 Residential to C-1 Commercial. Applicant: Kohn Bennett Owner of property: Cape Caribe, Inc. Subject property: Cape Caribe Resort, 1000 Shorewood Drive Future Land Use and Zoning designations: R-3 Residential Surrounding land use designations and zoning: North — Port Canaveral and Jetty Park East — R-3, Residential South — R-3, Residential West — C-1, Commercial Surrounding uses: North — Port Canaveral and Jetty Park East — Atlantic Ocean South -- Solana Lake and Solana Shores West — Coastal Fuels History and Description A site plan dated June 27, 2001 was approved for the Cape Caribe resort. In 2007, the applicant approached the City proposing to reconfigure some operations on the existing property and add a 5 acre parcel to the project. On the previously approved portion of the site plan the applicant is proposing an extension of the existing pool deck, provision of additional parking, the removal of a building, and a revision to the footprints of two buildings. The removal of a building will result in a project with less density and the building footprint revisions are to accommodate concerns of neighbors regarding noise from the pool area. In order to accommodate the pool deck extension and the additional parking, 1.95 acres of the property require a land use change and a rezoning from R-3 Residential to C-1 Commercial. The use of 1.2 acres of the property as depicted in Exhibit "A" of the ordinance is being restricted to recreational amenities and parking. z The addition of the 5 acre parcel of land adjacent to the western boundary of the existing project will result in a revision to the site plan, but does not require a land use change or rezoning. The comp plan amendment and rezoning requests were heard by the Planning &Zoning Board on February 27, 2008 and the Board recommended approval. The comp plan and rezoning requests had a first reading with Council on March 18, 2008. At the second reading on April 1, 2008, the requests were tabled until revised site plans were prepared. Revised site plans dated November 25, 2009 have been reviewed and approved by City staff and the Planning and Zoning Board. Staff Recommendation The requested land use amendment and rezoning are compatible with surrounding uses and result in a less dense development. Staff recommends approval. 2 AINEWA City of Cape Canaveral 7wr Future Land Use and Zoning Amendments tAND U AND ZONING c -I TROPIC 4L HOREWQbQ QR,- BEACH DR. J7 LAKE D SOLANA OCE N PARK N. HOREWOOD DR.. MILLER'/'LEGG . I m.. --- City of Cape Canaveral ME] Sucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Local Planning & Agency Re: Recommendation to City Council Ordinance #02-2008 Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park, From R-3 Medium Density Residential to C-1 Low Density Commercial — Petitioner is Cape Caribe, Inc., Kohn Bennett, Applicant. ------------------------------------------------------------------------------------------------------------ At the Local Planning Agency meeting, held on February 27, 2008, by a unanimous vote, the Board recommended approval of the above referenced Ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www-myflorida.com/cape - emaii: ccapecanaveW@cfl.rr.com BUILDING & PUBLIC SAFE1`Y' DEPAI 'rwT CITY OF CAPE CANAVERAL, FLQh. jA APPLICATION FOR PUBLIC HEART cr FOR A CHANGE OF LAND USE REQUEST TO ASD THE CONeREHEINSTVE PLAN - This appfi=don, tngetfier with ALL REQUIRFD E7Ow rrS, shalt be completed and rded with the zoning division prior m the estabfishcd filing deadllnc for the Public hearing before the Planning and Zoning Baard. A COM M -Mi lSNE PL kN AMENDRENT DOES NOT ENTMETHE OWNER TO A DEVELOPMENT PE.%Wr. TYPE or PRINT the following inform&don (TO BE COMPLE-IED all APPLICAl M Owners};_ Capra Caribe, Inc. Appjl=a Kohn Bennett Address: 710 N Plankinton Avenue Address: 1000' Shorewood Dnve City: Milwaukee Staie; W_ Civ-.— Cape Canaveral Stare: Florida Zip Code: 52303 Phone: 414.274-2.473 Zip Code • 32920 Pkne•.(321) 784$093 TYPE OF REQUEST — _Change to the Text of the Comprekeruive Plant, Comprehensive Plan Eleni= Change to an E^dsting Provision: Attach proposed wording. texsa= and, appmpriare data and analysis to support the rcquctted change. X Change to the Zonin Map „Existing Zoning Designation: - Requested Zoning Designation: C-1 Attachr=ons for requested chi wc: See attached Exhibit "A" X Change to the Future 1.3nd Use Map Exton; Future Laud Use Desknafon: R-3 Requested Future Lead Use Desisaufon: - AM-Wh mzsam for rrquestcd change. See attached Exhibit "A" LOCAnON Sacdon: 14 'township: Bloch: Lar/P_cr�: «, ltattge: 37 E Total Acrca=c: 1,90 Location and Distance from Nearest Public x 244 Anprox. 2,275 ft. East -of N. Atlantic venue - REQUIRED EXIIIBITS _The complete legal dc:smiydon (and the tax Identification number) of the property or pontion thereof that the asnendm . ,Itls being requested for, typed on x sC;arsta sheet of paper. An star in the legnf description ►trill result in the Teri st baht; delayed at the owncdapplicaru's a ire. X A certified survey of the subject property. A County 1?mperty Appraiser's trap describing the --= parcel may be ==ptcd in iicu of 0.survey In casain htstanc:s. —&_A County Property Appraisers map it Wrying the boundaries oftha subject property. subject property and all of the own=located within SQO feat of the x A list of names and addresses of III of the praperry owners located within 600 feet of the boundaries or the subject pmpany utd Gr"fed to the County Property Appraiser's map. --X—A copy of the most recent recorded Warranty Deed. _ _ x WoMr1zed statcmcnts from all props rq owncts listed an die Warranty Decd who are authorizing someone other than themselves to est on their becaff as the applicant. Signattns of5taffmembcr discussing proposed action with the Applt=nr: The undesisned understands that this applimtIon must be complatc and accurate prior to advertising a public hearing; STATE OF Florida COUNry OF Brevard d, Kohn Bennett being first duly sworn, depose and say than: i am the owner of the subject property, or (if corporation. l am the Officer of the corporation authorized to sct an this request). _.& I am the fe�I representative of the owner of the subject pmputy of this pplicadon,.(If the Mrc party -S trot owned, or owned only in part by the appli=nt, a nomdzcd Ietter mast accompan a applie tion IV - Ing wtictcn corucnr by all ptopeny owners of cite subject property unless the applicant is the mcy far the o cr). ALL THE ANSWM S TO THE QUESTIONS IN TWS APPLICA ��NN KE C ANO DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE �ESIY'� Ref ciw_�n t (6LU%4R-E) SWORN AND rfl f3E?QREMETHISsf DAY OF Prat L MY ca 55ION EXPIRES: 0 � OF FLORID/. V� Barbara Downey Commission #DD446461 Expires: AUG. 19, 2009 AH3?�s:u -!ties-u nu..,ahb o9,,.l;n� Ev.: inn DE LQPMENT FACT I J—MT 1. APPLICANT: Name: Cape Caribe, Inc, c% Kohn Bennett Address: 1000 Shorewood Drive, Cape Canaveral, FL 32920 Phone: (321) 784-8093 Fax: (321) 784-3644 2. PROPERTY LOCATION: General Location or Address: 1000 Shorewood Drive Legal Description: (May be attached to this sheet) Attached Size of Property in Acres: 1.20 acres 3. PRESENT ZONING CLASSIFICATION: Abutting Land Zoning: North: R-3 South: R-3 East: R-3 West: C..1 I. *Abutting Land Use: North: P South: R East: R West: RC 4. NATURAL FEATURES: Cleared EXISTING STRUCTURES: NIA CONSTRUCTION TYPE: N/A SIZE IN SQUARE FEET: NIA N[ NMER OF STORIES: N/A SOIL: Tavares Fine Sands & Palm Beach Sands TOPOGRAPHY: Ranging from 8.7' to 12.0' VEGETATION: Cleared WILDLIFE: N/A FLOOD HAZARD: Zone X DRAINAGE: Exfiltration SITE ELEVATION: Ranges from 8.7' to 12.0' STRUCTURE ELEVATION: N/A 5. ENVIRONMENTAL ISSUES: N/A WATER: City of Cocoa AIR: None NOISE: None HISTORICALJARCHAEOLOGICAL: None ATTACHMENT REQUIRED: A map showing the property and all adjoining property within 500 feet with zoning and use indicated. See Attached Exhibit "C" * P = County Park R = Residential RC = Resort Condominium 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/02/2010 Item No. /D Cb•) Subject: ORDINANCE NO. 03-2008, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTYPARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL" SUBJECT TO CERTAIN USE RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Department: Community Development Department Summary: See attached Staff Report. Requested Council Action: To approve requested rezoning by adopting Ord. No.03- 2008. Financial Impact: None Attachments: (1) Ordinance No. 03-2008. (2) Staff Report. (3) Planning and Zoning Board recommendation. (4) Application. Submitting Department Head: Barry Brown Date: 02/23110 Approved by Acting City Manager: ajl�%L Date: V2-510 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain AdVantage Electronic Proof Pagel of 3 Electronic Proof For: 0000362161 Submit Corrections CUSTOMER: CITY OF CAPE CANAVERAL [CIT120] LOCATION: Not available REP ID: 0009 PUB DATE: 02123/10 PROOF UPDATED: 212212010 12:00:08 PM SIZE: 2X10 Click Here To Save/Print the PDF file You must have Adobe Acrobat Reader to view the PDF PLEASE READ ALL COPY CAREFULLY. CHECK SPELLING AND PHONE NUMBERS. Please contact your sales representative if you have any questions. DOTE: The image below has been scaled to fit this screen. Please click on the PDF above to view the full size proof. http:lladtracker.flatoday.netlatol/PdfView.asp?FDF=0000362161.pdf&VIEWCODE=26&... 2/22/2010 NOTICE OF ZONING AMENDMENT Notice is Hereby Given that the City of Cape Canaveral City Council will consider an amendment to change the classi- fication of certain real property from R-3 (Medium Density Residential) to C-1 (Low Density Commercial) in the City of Cape Canaveral. The Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, March 2, 2010, at 7:00 P.M. in the Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, Florida. ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNA- TION OF CERTAIN REAL PROPERTY TOTAL- ING 1.95 ACRES MORE OR LESS, GENER- ALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAV- ERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL." TO "C-1 LOW DENSITY COMMERCIAL"; PRO- VIDING FOR THE REPEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. City of Cape Canaveral Future Land Use and Zoning Amendments LAND U51: AND r0N.NC Fla TO C1 ! I I TNpP1L r.. DINE O _ NA `1 1 R T 1 T 1 Nmpm �. NOREWQOQ QB-� � I 1 '---- �_. ----- -- --------- The --- The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Fri- day, 8:30 A.M. to 5:00 P.M. pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meet- ing, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it au- thorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's of- fice (868-1221) 48 hours in advance of the meeting. Mia Goforth, Acting City Clerk 362161 City of Cape Canaveral, Florida City Council March 2, 2010 STAFF REPORT Request: For approval of a small scale comprehensive plan amendment to change the land use of 1.95 acres from R-3 Residential to C-1 Commercial and for approval of a rezoning of the same property from R-3 Residential to C-1 Commercial. Applicant: Kohn Bennett Owner of property: Cape Caribe, Inc. Subject property: Cape Caribe Resort, 1000 Shorewood Drive Future Land Use and Zoning designations: R-3 Residential Surrounding land use designations and zoning: North -- Port Canaveral and Jetty Park East — R-3, Residential South — R-3, Residential West — C-1, Commercial Surrounding uses: North — Port Canaveral and Jetty Park East — Atlantic Ocean South — Solana Lake and Solana Shores West — Coastal Fuels History and Description A site plan dated June 27, 2001 was approved for the Cape Caribe resort. In 2007, the applicant approached the City proposing to reconfigure some operations on the existing property and add a 5 acre parcel to the project. On the previously approved portion of the site plan the applicant is proposing an extension of the existing pool deck, provision of additional parking, the removal of a building, and a revision to the footprints of two buildings. The removal of a building will result in a project with less density and the building footprint revisions are to accommodate concerns of neighbors regarding noise from the pool area. In order to accommodate the pool deck extension and the additional parking, 1.95 acres of the property require a land use change and a rezoning from R-3 Residential to C-1 Commercial. The use of 1.2 acres of the property as depicted in Exhibit "A" of the ordinance is being restricted to recreational amenities and parking. The addition of the 5 acre parcel of land adjacent to the western boundary of the existing project will result in a revision to the site plan, but does not require a land use change or rezoning. The comp plan amendment and rezoning requests were heard by the Planning &Zoning Board on February 27, 2008 and the Board recommended approval. The comp plan and rezoning requests had a first reading with Council on March 18, 2008. At the second reading on April 1, 2008, the requests were tabled until revised site plans were prepared. Revised site plans dated November 25, 2009 have been reviewed and approved by City staff and the Planning and Zoning Board. Staff Recommendation The requested land use amendment and rezoning are compatible with surrounding uses and result in a less dense development. Staff recommends approval. ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARKIN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C1 LOW DENSITY COMMERCIAL" SUBJECT TO CERTAIN USE RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the owner of the Property subject to this Ordinance submitted an application to the City seeking to have the Property rezoned from R-3 Medium Density Residential to C-1 Low Density Commercial; and WHEREAS, section 110-34(d) of the City Code provides that the City may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that a certain portion of the Property be restricted to recreational amenities and parking; and WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral continents and supporting data and analysis, and after complete deliberation, hereby finds the requested zoning change, along with City of Cape Canaveral ordinance No. 03-2008 Page 1 of 4 the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Oficial Zoning Map ofthe City of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended to include a change of classification from "R-3 Medium Density Residential" to "C-1 Low Density Commercial District" for the real property depicted and legally described on Exhibits "A"and "B," which are attached and incorporated herein by this reference. Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 110-34(d) of the Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real property depicted in Exhibit "A" ("Restricted Property") to the fallowing: 1. Recreational amenities. 2. Parking. Any use of the Restricted Property other than those specifically enumerated herein, shall be prohibited. B. Special exception for alcoholic beverages. Notwithstanding the use restrictions imposed by this Section, nothing herein shall prohibit the owner of the Restricted Property from submitting an application to the City for a special exception for on -premises sale, dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110- 334(c)(6), Cape Canaveral City Code. If submitted, the City shall process the application in accordance with law, and the application shall be subject to any applicable review criteria set forth in the City Code. Further, nothing herein shall require the City to approve any such special exception application. City of Cape Canaveral Ordinance No. 03-2008 Page 2 of 4 C. Restrictions to run with the land. The restrictions imposed by this Section shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the Restricted Property and this Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code, D. Official zoning maps to be updated. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance, Upon adoption and full execution of this Ordinance by the City Council, the City Cleric is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. Section a. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 02-2008 as adopted by the City Council of the City of Cape Canaveral, Florida. If Ordinance 02-2008 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoo - Buzz Petsos MIA GOFORTH, Acting City Clerk Rocky Randels C. Shannon Roberts Betty Walsh First Reading: March 18, 2008 Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 03-2008 Page 3 of 4 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2008 Page 4 of 4 EXHIBIT SS aES'GRIPTIQ.N. . 5 � 1 NOT A BOUNDARY SURVEY DESCRIP770H OF E4SEUENT A portion of Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevard County, Rondo, being more particularly described as follows: Commence at the Northwest corner of said Government Lot 1; thence SOT 29'0T E; along the West line of sold Government Lot 1, a distance of 260.06" feet, to the POINT OF BEGINNING of the herein described parcel; thence N8945'43"E, a distance of 24376 feet; thence SOO'14'17'E, a distance of 216.99 feet; thence 5894549'W a distance of 239.05 feet, to a paint on the West line of said Government Lot 1; thence NO1791O1"sI along the West line of said Government Lot 1, a distance of 217.04 feet, to the POINT OF BEGINNING; Containing 1.20 acres, more or less SURVEYOR'S NOTES; 1. MIS IS NOT A SURVEY. 2. The bearings shown are based an a bearing of SO12901'E along the West tine of Government Lot 1. J. • Denotes a change in direction (no corner found or set), SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIP710N. SHEET 2 OF 2 SURVEYOR'S CERNYCARON; PREPARED BY-. 1 hereby cerlify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of O LLE Nineering, the 44nimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61Gi7-6. Florida Adm a Code, o ngInc, pursuant to Chapter 472.027, Florida Statutes. LLEN ENG EERING, 1, SURVEYORS - ENGINEERS m� 108 DIXIE LANE (P.D. BOX 321321) N o COCOA BEACH, FLORIDA 32432-1321 om, TELEPHONE_ (a21)783-7443 FAX: (321)783-5902 Not valid without the signature CEIMRCATE OF AUTHORIZ47ION 1 Le 266 and the original raised seal of a OF S51ONAL SUR WEE- OR - Fforido licensed surveyor and mapper. MAPPEP. ? FOP L7A REGIETRA 77ON No. T222 2. PREPARED AND CEP77FYED FOP, 1, 1 TO + E REALTY, INC, JOB NO. 980129 DATE: 12-07-07 19-1 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY h HEST LINE OF GOVERNMENT' LOT I POINT OF BEGINNINGS -C"M rEEAL POBT A.U�JJIORI- SUBJECT PARCEL 1.20 ACRES f 5 89'4549 "W, PREPARED BY: LLEN ngineering, Inc. SURVEYORS - ENGINEERS 108 DIXIE Wig (P.O. BOX 32132E) COCOA BEACH, FLORM 32932-1321 TELEPHONE; (381)783-74:3 :A.K: (32[)783-5442 CER77RCATE OF AUTHCMZ477ON # LS 266 f_ DATE: 12-07-07 DRAY�N 8Y.• XSC JOR NO_ 980129.4 SCALE. • 1"-50' 13 14 f1 0 0 �i -- 1V 2,39.0,5' CAPE CABME SCALE: 1'40' o Z O 0 125 2sn �.0 lORO GRA MC SCALE SHEET 1 OF 2 o SEE ' SHEET 2 OF 2 FOR DESCRIP770N. SURVEYOR'S CERRMA770N AND SURVEYOR'S NOTES. PREPARED AYD CER77FIED FOR. TOMIE REALTY, WC. mJ SHEET 3 OF t f A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24' SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE; THENCE RUN 589'45'43"W ALONG SAID NORTH RIGHT OF WAY LINE, 66.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN NOi'29'01"W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST UNE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT L07 1; THENCE RUN N89'45'43"E ALONG SAID NORTH UNE, 66.02 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 33,008 SQUARE FEET (0.758 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 200 l ( IN FEET ) j i INCH = 100 FEET N MILLER yLEGG N89'45'43"E POINT OF NOT PLATTEDBEGINNING 66.02' NORTHEAST (f — — T CORNER of 802.69' NORTH LINE OF GOVERNMENT GOVERNMENT LOT 1 LOT 1 66.00' NOT PLATTED 813.57' NORTH RIGHT NE OF SHOREWOOD DRIVE Y I SHOREWOOD DRIVE 589•45'43J'W °' 66.00' REGHT OF WAY T 0 OR 3482 PG 369 66,0 f' OR 3587 PG 2167 0 = CHANGE OF DIRECTION OR= OFFIC<AL RECORD BOOK PG = PAGE of Authmizatlm i..B. 65BO 56.00,- 0 6.00'- I ME3Y C4' IFY TRAT THOS 5 @11 =' TK' TK'' U=& -I Ta mafi L sumA= AS �' FAW T' TNM ELOlmA SCAM CF P47FEW.CRAti 5L7tY�'i� i5 i•7a NAPP4R5 e..sAvul 71617-b. FL=& ADw2c; 7nX Cott SDii3:A:R M gC7J1 472027. FL=A SfAMM DATE L•C WN DAY Cf DWO-vlq. 2= AA. RAIPH TrfCVM '.,eIOW STATE OF n.V=A FEGISWTIOR Na. wkly Nor YAW gAFODT TF.'n S7+" xrw AND TKi *!=% P.mmD SF/A DE A F1'JfODA UCD!sm R1R1FY.it MD WW -7t LyS 9CEM8 DCIS NOT RPRZSL4T X 30MOARY S.A%E arz-r .e. Fsi aC 4--00170 ASKD- z Q j a i�] o 0o s " NOT PLATTED M z FT7 o o G3 O z m f+T REMAINDER NOT PLATTED 0 65.00' 813.57' NORTH RIGHT NE OF SHOREWOOD DRIVE Y I SHOREWOOD DRIVE 589•45'43J'W °' 66.00' REGHT OF WAY T 0 OR 3482 PG 369 66,0 f' OR 3587 PG 2167 0 = CHANGE OF DIRECTION OR= OFFIC<AL RECORD BOOK PG = PAGE of Authmizatlm i..B. 65BO 56.00,- 0 6.00'- I ME3Y C4' IFY TRAT THOS 5 @11 =' TK' TK'' U=& -I Ta mafi L sumA= AS �' FAW T' TNM ELOlmA SCAM CF P47FEW.CRAti 5L7tY�'i� i5 i•7a NAPP4R5 e..sAvul 71617-b. FL=& ADw2c; 7nX Cott SDii3:A:R M gC7J1 472027. FL=A SfAMM DATE L•C WN DAY Cf DWO-vlq. 2= AA. RAIPH TrfCVM '.,eIOW STATE OF n.V=A FEGISWTIOR Na. wkly Nor YAW gAFODT TF.'n S7+" xrw AND TKi *!=% P.mmD SF/A DE A F1'JfODA UCD!sm R1R1FY.it MD WW -7t LyS 9CEM8 DCIS NOT RPRZSL4T X 30MOARY S.A%E arz-r .e. Fsi aC 4--00170 ASKD- City of Cape Canaveral 11:3 her, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Ordinance #03-2008 ------------------------------------------------------ ------------------------------------------------------ At the Planning & Zoning Board meeting, held on February 27, 2008, by a unanimous vote, the Board recommended approval of the above referenced Ordinance, with the condition that the property be restricted to parking and recreational amenities. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com BU1LDENG & PUBLIC SAFETY DEpA.F ENT Y OF CAPE CANAVERAL, pLO1h,,JA APPLICA'1ZON CITFOR PUBLIC HEARIMG FOR A CHANGE OF LAND USE REQUEST TO AMEIND THE CObaREHE.N1SI-VE PLAN This application, tog established Min crher with ALL REQUUM EXiII8 M, shall he completed and filed with the zoning division prior to the adline far the Public hearing before the Planning and Zoning Board. A COMPREEMNSiVE PLAN AMEMDMENT 00ES NOT ee MMETHE OWNER TO A DEVELOPME. iT P£l;NU. TYPE or PRWT the following Information (TO BE COMPLEim liy APPLICAM'j Owners):_ 'Cape Cariha, Inc. Applicants: , Kahn Bennett Address: N Plankinton Avenue Address; .— 1000' Shorewood rive City: Milwaukee _ State;1 _ City;_ Cape Canaveral Stare: Florida Zip Code; 52303 Phone: 414-274-2473 Zip Code.—32920 Phone- .(321 L784-8093 TYPE OF REQUEST Change m the Text of the Compreheaslve Plan Comprchem*e Play £letttcar: Change to an E^ci age Ptovision: Attach proposed wording, reasons. and. appropriam dam and analysis to snpporr the requested change. X Change to the Zoning Map Xmisting Zoning Designation: R_-3 Requested - ested Zoning Dicsignado q - Atrachrasons farrcqucsted c.'tange: See attached Exhibit "A„ X Chaage to the Future Land Use Map EYisting Future L.aad Use Designation: R-3 Requested Future land Use Deriffuion: -1 Attach rens for trquested change. See attached Exhibit "A" LOCATION Total Acreage: 1 2QOYer ll Dimensiases: Approx. 217'k 241' Laudon and Descmce fmm N=r= Public Road(s): A rox. 2,275 ft. East -of N. Atlantic Avenue REQUIRED SITS -2L-The completo legs[ descrttian (and rhe tax Ideruiricatian number) of the propetry or portion dwrcaf that the amtndmenr is being requested for, typed on a se',rarstc sheet of paper. An cr ar in the legal description Ii result In the request beats delayed at the ownerlapplicmX's dice. —A—A ccrdfied mrrvty of the subject property. A County Froperty Apprdser's map describing the a..== p=r.1 may be W=ptcd In lieu of asurvey in ceratin Instan=. �c A County Property Apprnisor s map identlf*g the subject property and ail of the own= located within 500 rcrt of the boundaries oftha sublccr property. X A list of names and addresses of all of the piuperry owners Iocaud within 500 feet of rhe boundlda of the sntbjcct property and Lcyed to the Cauary Property Appraiser's map. __is__A Copy ofthc most recent recorded Warranty Deed. __ _X Natarized statements from all pmpary owners listed on the Warranty Deed who are authorizing someone other than the.•rucives to act on their be.Af as the applicant. signature ofstaffmember discussing proposed acdon with the Applicata: The undersigned understands that this application must be comple:c and accurate prior to advertising a public hearing; STATE OF Florida COUM OF Brevard I, Kohn Bennett being first duly sworn, depose and say thae —E azo the owner of the subject propeny, or (lfearporaian.I am the Officer a rthe corporation authorizeZowned. ct an this rcquatj. X am the Ictal representative of the owner of the subject property of this pplicarion..(if the rp� pert I or owned only in prat by the appllrltt. a notarized Ir aer must accomp a application Iving written consent by all property owners of the subject propcM Unless the appticaat Is the A mey far the erf. T A>~L M ANSWEtS TO THE QUESTIONS M I,E THM APPLIGl �! TC AND DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO TI1EF�I' • F�Qyyts~i3G�_ SWORN AND SUBSCRIBED TO E3E0RE METMs�OpY OF MY CD Mi5SI0N EXPIRES; -IQ U llLiu-STIffE OF FLORIDf Barbara Downey Commission #DD446461 Expires: AUG. 19, 2009 D9n.t;ntl Co., in- DE yEL ENIENT FACT F"-�ET L APPLICANT: Name: Cape Caribe, Inc. c/o Kohn Bennett Address: 1000 Shorewood Drive, Cape Canaveral, FL 32920 Phone: (321) 784-8093 Fax: (329) 784--3644 2. PROPERTY LOCATION: General Location or Address: 1000 Shorewood Drive Legal Description: (May be attached to this sheet) Attached Size of Property in Acres: 1.20 acres 3. PRESENT ZONING CLASSIFICATTON: Abutting Land Zoning: North: R--3 South: R-3 East: R-3 West: C-1 *Abutting Land Use: North: P South: R East: R 'West: RC 4. NATURAL FEATURES: Cleared EXISTING STRUCTURES: NIA CONSTRUCTION TYPE: NIA SIZE IN SQUARE FEET: NIA NUMEER OF STORIES: NIA SOIL: Tavares Fine Sands & Palm Beach Sands TOPOGRAPHY: Ranging from 8.7' to 12.0' VEGETATION: Cleared WILDLIFE: N/A FLOOD HAZARD: Zone X DRAINAGE: Exfiltration SITE ELEVATION: Ranges from 8.7' to 12.0' STRUCTURE ELEVATION: NIA 5. ENVIRONMENTAL ISSUES: NIA WATER City of Cocoa AIR: Nona NOISE: None HISTORICAL/ARCHAEOLOGICAL: None ATTACHMENT RE UIRED A map showing the property and all adjoining property within 500 feet with zoning and use indicated, See Attached Exhibit "C" P = County Park R = Residential RC = Resort Condominium l� City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/02/2010 Item No. Subject: Binding Development Agreement between the City of Cape Canaveral and Cape Caribe, Inc.. Department: Community Development Department Summary: See attached Staff Report. Requested Council Action: To approve the Binding Development Agreement. Financial Impact: None Attachments: (1) Staff Report. (2) Development Agreement. Submitting Department Head: Barry Brown Date:02123110 Approved by Acting City Manager: a. j AAawd7A Date: Z,123 //0 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: 03/02/2010 Item No. Subject: Revised Cape Caribe site plan. Department: Community Development Department Summary: See attached Staff Report. Requested Council Action: To adopt the revised site plan for Cape Caribe. Financial Impact: None Attachments: (1) Revised site plans (2) Staff Report. (3) Planning and Zoning Board recommendation. (4) Application. Submitting Department Head: Barry Brown Date -.02/23/10 Approved by Acting City Manager: C Date: Z/? City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council March 2, 2010 STAFF REPORT Request: For site plan approval of revised site plans for Cape Caribe. Applicant: Michael S. Allen Owner of property: Cape Caribe, Inc. Subject property: Cape Caribe Resort Future Land Use and Zoning designation: R-3 Residential and C-1 Commercial Surrounding zoning: North — Port Canaveral and Jetty Park East — Atlantic Ocean South — R-3, Residential West — M-1, Industrial Surrounding uses: North — Port Canaveral and Jetty Parc East — Atlantic Ocean South — Solana Lake and Solana Shores West — Coastal Fuels History and Description A site plan dated June 27, 2001 was approved for the Cape Caribe resort. The applicant is proposing to reconfigure some operations on the existing property and add a 5 acre parcel to the project. On the previously approved portion of the site plan the applicant is proposing an extension of the existing pool deck, provision of additional parking, the removal of a building, and a revision to the footprints of two buildings. The addition of the 5 acre parcel of land adjacent to the western boundary of the existing project will bring the total area of the project to 35.95 acres. The proposed development on the 5 acre parcel will include two 5 story hotel buildings containing 75 units each, an elevated parking deck, and the preservation of 1.2 acres over the southwest corner of the site. These changes have necessitated a revision to the site plan as well as a comprehensive plan amendment, rezoning, and development agreement. The comp plan amendment and rezoning were heard by the P&Z Board on Feb. 27, 2008 and the Board recommended approval. The comp plan and rezoning requests had a first 1 reading with Council on March 18, 2008. At the second reading on April 1, 2008, the requests were tabled until revised site plans were prepared. On January 27, 2010, the Planning and Zoning Board reviewed the revised site plan and recommended approval. Staff Recommendation Staff has reviewed the revised plans and recommends approval subject to the conditions of the development agreement. 2 City of Cape Canaveral Future Land Use and Zoning Amendments I AND A N D ZON I N G R3 I CA V17 TROPIC ti HOREWqb QR, BEACH DR. D LAKE D�- 1P Nk SOIANA OCE N PARK N. om7 �HOREWQOQ DR., M1'LLE.R'/'LEGG City of Cape Canaveral Community Development Department February 2, 2010 To: Angela Apperson, Acting City Manager Mia Goforth, Acting City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Cape Caribe Revised Site PIan At the Planning & Zoning Board meeting, held on January 27, 2010, by unanimous vote, the Board recommended approval of the revised site plan for the Cape Caribe project. Please schedule this site plan for an upcoming City Council meeting agenda. 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www cityofcapecanaveral org email: ccapecanavefal@efl.rr.com A L� LLrngineering,Inc.N Mr. Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Cape Caribe 1000 Shorewood Drive Dear Mr. Morley: (321) 783-7443 FAX (321) 783-5902 106 DIXIE LANE -P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 30 July 2008 L Eu,"', -nil Ui Transmitted herewith is an Site Plan Review Application package fora modification to the project referenced above. The application package includes the following: 1. One (1) Site Plan Payment Receipt 2. One (1) Application for Site Plan Review 3. One (1) Site Plan Checklist 4. Seven (7) sets of construction drawings 5. Two (2) Stormwater Computations 6. Two (2) Boundary and Topographic Survey 7. One (1) Each - Water and Sewer Concurrency Evaluation Certificates 8. Two (2) Traffic Impact Analysis 9. One (1) Check in the amount of $4,755.50 The enclosed application is for a modification to the existing Cape Caribe site plan. The modifications include a reduction in the number of residential buildings and the expansion of the pool and deck area. The enclosed stormwater computations have not been modified as there have been no .changes to the lake system serving Cape Caribe, Solana Lakes, and Solana Shores. In fact; as part of this submittal, the impervious area has been reduced and additional exfiltration pipes have been added. Thus, the impact to the existing lakes should be reduced. Hopefully the information provided is sufficient for you to complete you review. If you have any questions or need any additional information, please don't hesitate to call. Very truly yours, Michael S. lien, P.E. Enclosures cc: Maath Bennett, Benko Construction Co. FEE: PROJECT IiAyIE: LEGAL, DESCRrpTIOp�-: .NjER(S)=�A-�,EE: OW-N-ER(Si ADDRESS: 0 `3e-e-- DATE: -E 1 DATE: -7 - -3c>, CA%I- �� S�lav L � c.t�C o w Fi«e PHONE Z- SER: C32t -7 4- o� QF�-RCPDTECT/E-NGLN,TER: PH01-�T IN : G (�►c, A PPLIC:L\- -S SIG ATURE: .4�R OR AGENT PHO'NE �`C IBER: 3zt `33 - -1-44 1/}5 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/2/2010 Item No. // Subject: 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 FOR 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 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE, At Second Reading Department: Public Works Summary: This Ordinance was approved at 1St Reading at the 02-16-10 Regular City Council Meeting and is back for adoption at 2nd reading.. Requested Council Action: Adopt Ordinance No. 02-2090 at 2" reading Financial Impact: Not known at this time Attachments: Revised Ordinance No. 02-2010 Proof of Publishing Submitting Department Head: Date: rv� Approved b ity Manager: Date: 1) 2-3 (j,o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 02-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; 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; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR 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 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042, F.A.C., its general consumptive use permit by rule, which regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with the required landscape irrigation schedules and other requirements, subject to the exceptions to the required landscape irrigation schedules set forth herein; and WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C -2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the City Council of the City of Cape Canaveral, Florida to adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 02-2010 Page 1 of 6 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as Iegislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 9I of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeot? type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 91. It is intended that the text in Chapter 91 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 91. RESERVEW. LANDSCAPE IRRIGATION Sec. 91-1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning_ Address means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the_property's address. An "even numbered address" means an address ending in the numbers 0.2, 4, 63 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5.7, 9 or the letters N -Z. _ District means the St. Johns River Water Management District. Person means any person, firm. partnership, association, corporation, company, or organization of any kind. Residential landscape irrigation means the irrigation of landscape associated with any housing unit havingsanitary any and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. Non-residentiallandsMe IYYIgation means the irrigation of landscape not included within the definition of"residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way_ City of Cape Canaveral Ordinance No. 02-2010 Page 2 of 6 Sec. 91-2. Applicability, purpose and intent. Sec. 91-3. Landscape Irrigation Schedules. Lal When Daylight Savings Time is in effect landscape irrigation shall occur only in accordance with the following irrigation schedule: 1. Residential landscape irri 2. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday andshall not occur between 10:00 a.m. and 4:00 p.m.: and 3. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 .m.: and 4. Ltj When Eastern Standard Time is in effect landscape irrigation shall occur only in accordance with the following irrigation schedule: 2. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.: and 3. 4. Non-residential landscape irrigation may occur onl„y,on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.: and Lc) All landscape irrigation_ shall be limited in amount to only that necessary to meet landscape needs. See. 91-4. Exceptions to the Landscape Irrigation Schedules. La) Landscape irrigation shall be subjectto the following irrigation schedule exceptions: City of Cape Canaveral Ordinance No. 02-2010 Page 3 of 6 2. Irrigation usine a micro -spray, microjet, drip or bubbler irrigation system is allowed an, ime. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers_ fungicides, and herbicides, when required by law. the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed I14 inch of water per application except as otherwise required bylaw, the manufacturer, or best management practices. 4. Irrigation systems may operated at any ,time of day on any day for maintenance and repair purposes not to exceed 20„minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 7. Discharge of water from a water -to -air air-conditioning unit or other water - dependent cooling system is not limited. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed an, ime provided the ponds are not augmented from any rg ound or off-site surface water, or public supply sources. 9. When reclaimed water is available. the use of a private irrigation well for landscape irrigation is notauthorized under subsection 40C-2.042(2), F.A.C. Reclaimed water is deemed available when reclaimed water is provided bX a utility through a point of connection. Sec. 91-5. Required irrigation system technology. Sec. 91- 6._ Variance from specific day of the week limitations. if City of Cape Canaveral Ordinance No. 02-2010 Page 4 of 6 Sec. 91-7. Enforcement and penalties. The terms of this Chapter maj be enforced in accordance with the provisions of Chapter 2, Article VI, of the City Code of Ordinances,_ entitled Code Enforcement, and F.S. Ch. 162. Notwithstanding Section 2-291 of this Code, violations of any provision of this Chapter may be subject to the followin&pgnalties: First violation: Second violation: Third violation: Subsequent violations: Written Warning $20.00 50.00 Fine not to exceed $100.00 Each day in violation of this Chanter may constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the City of Cape Canaveral maytake any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Chapter. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 02-2010 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this , 2010. ROCKY RANDELS, Mayor ATTEST: For Bob Hoog Buzz Petsos MIA GOFORTH, Acting City Clerk Rocky Randels C. Shannon Roberts Betty Walsh First Reading: February 16, 2010 Legal Ad published: Second Reading: Approved as to Iegal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 02-2010 Page 6 of 6 day of Against View Legal Ad# 179253 Print Window Close Window AD#179253,0212012010 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 02-2010 in the City of Cape Canaveral Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, March 2, 2010. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE 02-2010 An Ordinance of the City of Cape Canaveral, Florida, 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 Resolutions, Incorporation into the Code, Severability, and an Effective Date. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1220) 48 hours in advance of the meeting. Mia Goforth, Acting City Clerk AD#: 179253 Publication: Florida Today First Published: 02-20-2010 Page I of 1 http://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=51833 2/22/2010 Clerks Office From: Kate Latorre [klatorre@orlandolaw.net] Sent: Wednesday, February 17, 2010 10:28 AM To: Angela Apperson Cc: Mia Goforth; Walter Bandish Subject: Revised Irrigation Ord. Attachments: Kate Latorre.vcf; 02-2010 Landscape Irrigation Ord..pdf Angie, attached, please find Ordinance 02-2010, revised consistent with Council's direction during first reading last night. Please contact me should you require anything further. Kate 0 Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.oriandolaw.net Email: kiatorre@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: March 2, 2010 Item No. /Z 60 Subject: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING THE EXISTING PROVISIONS OF ARTICLE III, CHAPTER 10 OF THE CITY CODE RLATED TO OUTDOOR ENTERTAINMENT; ADOPTION OF ANEW ARTICLE III OF CHAPTER 10 REGULATING THE PERMITTING OF OUTDOOR ENTERTAINMENT EVENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABLILITY, AND AN EFFECTIVE DATE. Department: Community Development Summary: Four changes were requested at I" reading: 1. Change definition of Outdoor Entertainment event to include private property. 2. Sec. 10-63. Remove the unintentional implication that insurance requirements apply only to public property. 3. Sec. 10-61. Reference intervalled events. All events separated by 24 hours are separate events. 4. Sec. 10-70. Address timeliness of notification of vendor changes. Requested Council Action: Approve at 2nd reading. Financial Impact: Event costs to be paid by applicants. Indirect economic development benefit to City. Attachments: nSupporking Documents Reviewed: Revised ordinance Flowchart Revised a plication form Submitting Department Head: Todd Morley,ZpDate. February 22, 2010 Approved by6ity Manager: 621. Date: �3 lZ) City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 04-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING THE EXISTING PROVISIONS OF ARTICLE 111, CHAPTER 10 OF THE CITY CODE RELATED TO OUTDOOR ENTERTAINMENT; ADOPTING A NEW ARTICLE III OF CHAPTER 10 REGULATING THE PERMITTING OF OUTDOORENTERTAINMENT EVENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORA'T'ION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City does not desire to exclude communication of a particular content, but instead desires to coordinate multiple uses of limited public space, to assure preservation of its parks and other City facilities, and to prevent uses that are dangerous, unlawful, or impermissible under the local, state, and federal statutes or regulations; and WHEREAS, regulations of the use of a public forum that ensure the safety and convenience of the people are not inconsistent with civil liberties but are one of the means of safeguarding the good order upon which civil liberties ultimately depend. See Cox v. New Hampshire, 312 U.S. 569, 574 (1941); and WHEREAS, in order to regulate competing uses of public forums owned or controlled by the City, the City may impose permit requirements on those persons wishing to use such public forums, so long as the permitting scheme does not delegate overly broad licensing discretion to a City official and limitations on the time, place and manner of speech are not based on the content of a message, are narrowly tailored to serve a significant governmental interest, and leave ample alternatives for communication. See Forsyth Countyv. Nationalist Movement, 505 U.S.123 (1992); and WHEREAS, the permitting procedures of this Ordinance are intended to provide narrow, objective, reasonable, and adequate standards to guide the City Manager in the manager's decision to approve or deny an application for an outdoor entertainment event permit in order to provide for effective judicial review. See Thomas v. Chicago Park Dist., 534 U.S. 316 (2002); and WHEREAS, this ordinance is intended to provide adequate procedural safeguards to persons wishing to obtain a permit hereunder. WHEREAS, without the necessity of obtaining a permit hereunder, outdoor entertainment City of Cape Canaveral Ordinance No. 04-20I0 Page 1 of 18 events and use of City -owned facilities may create disturbances, become nuisances, menace life, limb, and property, or disrupt traffic. See Shuttlesworth v. Birmingham, 394 U.S. 147 (1969); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Repeal of Existing Article III, Chapter 10. The City Council of the City of Cape Canaveral hereby repeals Article 111. Outdoor Entertainment, of Chapter 10 of the City Code in its entirety. Article III of Chapter 10 is attached hereto for reference purposes only as Exhibit "A." Section 3. Adoption of New Article III, Chapter 10. A new Article III of Chapter 10 is hereby adopted as follows: ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS DIVISION 1. GENERALLY See. 10-46. General Provisions. (a) Title. This article shall be known and may be referred to as the "City of Cape Canaveral Outdoor Entertainment Events Ordinance." (b) Purpose and intent. The purpose and intent of the City of Cape Canaveral Outdoor Entertainment Events Ordinance is to provide a content neutral time, place and manner permitting scheme, to regulate the use of public property; to coordinate the multiple uses of limited public space; and to prevent dangerous, unlawful or impermissible uses. (c) Permit required. Any outdoor entertainment event held within the corporate limits of the city, unless otherwise exempted herein, shall obtain a permit. All outdoor entertainment events shall comply with the provisions of this article and with all terms, conditions, and requirements endorsed upon the permit. (d) Administrative policies and guidelines. The city manager shall be responsible for establishing administrative policies and guidelines to implement this article in cooperation with the building official, public works director, precinct commander, Cape Canaveral City of Cape Canaveral Ordinance No. 04-20 10 Page 2 of 18 Volunteer Fire Department and any other city personnel deemed necessary by the city manager. See. 10-4?. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant shall mean the individual or entity that makes application to the city to hold an outdoor entertainment event. The applicant is responsible for compliance with terms and conditions of this article. Application shall mean the documentation submitted by the applicant to the event coordinator, in conformance with this article, to request the issuance of an outdoor entertainment event permit. Application fee shall mean the non-refundable fee paid in connection with an application made pursuant to this article. Beer garden shall mean a specially designated area, shown on the event site plan, which is intended to contain all sales and consumption of alcohol. The beer garden shall be surrounded by perimeter fencing with controlled ingress and egress points for the purpose to verify people entering the beer garden are of legal age to purchase and consume alcohol. Alcohol tickets may be sold and purchased outside of the beer garden. All alcohol sold, purchased, consumed, and or transferred during the event shall occur within the fenced beer garden perimeter. City manager shall mean the city manager for the City of Cape Canaveral. City organized events shall mean any outdoor entertainment event planned and conducted by the city. Day shall mean calendar days unless specifically provided otherwise herein. Event coordinator shall mean the city staff person appointed by the city manager to coordinate the permitting of outdoor entertainment events and to implement the permits approved by the city manager in accordance with this article. Extra personnel hours shall mean the total of all hours worked by city employees to accomplish the necessary administrative, facility maintenance and service, security, sanitary, and oversight components of the outdoor entertainment event, which is the subject of the application, to the extent that such hours exceed the total number of hours which would have been worked by those same city employees had the outdoor entertainment event not taken place. Excluded from this definition are the personnel hours worked by the event coordinator and the personnel hours worked by any person of the level of department manager/director or higher. City of Cape Canaveral Ordinance No. 04-2010 Page 3 of 18 Internal security plan shall mean a plan submitted by the applicant and approved, as submitted or as modified thereafter, by the city manager, for the provision of security to public and private property, performers, entertainers, exhibitors, speakers or other persons in the immediate area central to the outdoor entertainment event, known as the outdoor entertainment event production area. The term internal security plan does not apply to any plan for public safety personnel necessary to provide for the protection of outdoor entertainment event and its attendees from hostile members of the public or counter -demonstrators. Outdoor entertainment event shall mean any public celebration or gathering, conducted in whole or in part in the open air, such as but not necessarily limited to athletic entertainments, carnivals, dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale of merchandise, food or alcohol, or any combination of the foregoing, which: (1) Involves the use of or impact to public or private property, or property dedicated exclusively for public use; (2) Where the nature of such outdoor entertainment event requires the erection of stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of permanent structures; and (3) Which of necessity requires, for the outdoor entertainment event`s successful execution, the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. Outdoor entertainment event permit shall mean a permit granting an applicant the authority to hold an outdoor entertainment event. Outdoor entertainment event production area shall mean the area or areas, not necessarily contiguous to each other, including and immediately surrounding the portion or portions of the outdoor entertainment event location(s) which are central to the production of the event, including, but not limited to, stages, barricades, utility poles, booths, tents, or other temporary or permanent structures or parked vehicles erected or utilized by the applicant for the production of the event. Person shall mean any individual person, or any firm, partnership, association, corporation, company, or organization of any kind, or any combination of such persons. Precinct commander shall mean the precinct commander for the Brevard County Sheriff's Office, Canaveral precinct, or the precinct commander's designee. Public property shall mean any public street, right of way, sidewalk, park, place, property, easement, structure or facility owned, dedicated, controlled or otherwise under the jurisdiction and control of the city. City of Cape Canaveral Ordinance No. 04-2010 Page 4 of 18 Sidewalk shall mean any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved. Site Plan shall mean a graphic representation, drawn to scale, no greater than one inch to SO feet, which clearly depicts the outdoor entertainment event pro duction area, and which shall include, at a minimum: (1) Site vicinity map; (2) Property lines, paved areas, grass areas, sidewalks and streets; (3) Existing structures with designated uses clearly identified; (4) Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters; (5) Lighting plan, if proposed event is to occur during night-time hours; (b) Total number of off site and on-site parking spaces and loading zones; (7) Traffic flow diagram depicting proposed vehicle and pedestrian traffic flow and ingress and egress routes; (8) Location of any public address sound system; and (9) Any provisions made for handicap access or special uses unique to the outdoor entertainment event. Street shall mean any place or way set aside or open to the general public for purposes of vehicular traffic, including any curb, gutter or shoulder, parkway, right-of-way, or median strip thereof. Temporarystructure shall mean sheds, booths, bleachers, canopies, tents, stages, scaffolding, fences and other structures erected for temporary purposes during an outdoor entertainment event. Vendor shall mean any person, corporation, entity or enterprise providing the sale of goods or services for profit and/or the promotion, production, operation or management of any activities related to an outdoor entertainment event. City of Cape Canaveral Ordinance No. 04-2010 Pages of 18 Sec. 10-48. Compliance with other laws. The staging, promoting or conducting of an outdoor entertainment event shall be in full and complete compliance with this article, beverage laws and other laws, ordinances and regulations applicable to the outdoor entertainment event. See. 10-49. Local business tax receipt required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city without a valid local business tax receipt, as required by law. See. 10-50. Penalties and enforcement. (1) It shall be unlawful for any person to stage, present, conduct, or attempt to stage, present, conduct an outdoor entertainment event without first having obtained an outdoor entertainment event permit as provided in this article. (2) It shall be unlawful for any person to participate in an outdoor entertainment event for which an outdoor entertainment event permit has not been granted under this article. (3) It shall be unlawful for any person to fail to comply with all directions and conditions of the outdoor entertainment event permit issued pursuant to this article. (4) The penalties for a violation of this article are set forth in section 1-15 of the City Code. Nothing contained herein shall be construed as a limitation on the city's ability to seek any other remedy provided by law. Secs. 10-51-10-60. Reserved. DIVISION 2. PERMIT Sec. 10-61. Application. (a) Application. Any person desiring to hold an outdoor entertainment event must submit a completed outdoor entertainment event permit application to the event coordinator no later than forty-five (45) days prior to the commencement of such event. The application shall be made on a form approved by the city manager and shall be accompanied by a non- refundable application fee established by resolution of the city council. Outdoor entertainment events separated by a period of 24 hours shall be considered separate events and shall each require a separate application and fee. At a minimum, the application shall contain the following information: (1) Applicant's name and mailing address; City of Cape Canaveral Ordinance No. 04-2010 Page 6 of 18 (2) Name and contact information of applicant's main point of contact during the permittinIn g process; (3) Name and contact information of applicant's main point of contact during the outdoor entertainment event; (4) Proposed date(s), time(s) and location(s) of outdoor entertainment event; and (5) Description of proposed events and activities comprising the outdoor entertainment event. In addition to the information required upon the application, the applicant shall provide as attachments to the application a site plan and an internal security plan. (b) Application review; event planning meeting; review criteria. (1) Upon receipt of the completed application and application fee, the event coordinator shall forward copies of the application to the precinct commander, the Cape Canaveral Volunteer Fire Department, the building department and public works for review. Each department shall review the application, determine the number of extra personnel hours estimated to be required from such department to support the proposed outdoor entertainment event and provide preliminary written comments regarding same. The comments shall be returned to the event coordinator within ten (1 Q) working days from receipt. The comments shall be retained with the application file. (2) Upon receipt of the department comments, the event coordinator shall schedule an event planning meeting between the applicant, the event coordinator and a representative from each the city departments providing comments. Ifthe applicant will be designating an entertainment or safety coordinator for the outdoor entertainment event, those designated individuals shall also attend the event planning meeting. During the meeting, the site plan, internal security plan, department comments and estimated extra personnel hours costs shall each be -reviewed and evaluated. The commenting departments shall finalize their comments and recommended conditions on the application. (3) Within five (5) days of the event planning meeting, the event coordinator shall forward a recommendation of approval, denial, or approval with conditions to the city manager. The city manager shall be charged with the responsibility and authority to determine whether a particular applicant should be granted an outdoor entertainment event permit in the time, manner and place proposed; whether modifications in the outdoor entertainment event as to time, manner and place shall be required according to criteria established by this section; or whether such permit shall be denied altogether. City of Cape Canaveral Ordinance No. 04-2010 Page 7 of I8 (4) The event coordinator shall notify the applicant in writing of the city manager's determination on the application within twenty (20) days of receipt of a properly filed application. (S) In determining whether to grant the particular permit in accordance with the time, manner and place requested, whether to deny the permit as requested and propose a modified time, manner and place, or whether to deny the permit altogether, the city manager shall be guided by the following criteria: a. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any message which may be conveyed at an outdoor entertainment event, or on account of the identity or associational relationships of the applicant. b. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumption or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the outdoor entertainment event, provided that reasonable accommodation as to time, manner, and place may be required in order for the city to provide the resources necessary for law enforcement protection. C. When there are competing applications which are substantially for the same time and place, the earlier or earliest application to be received in a substantially completed form accompanied by the requisite application fee shall be given priority as to the time and place requested. Provided, however, that city organized events on city property shall be given priority over competing applications for the same time and place. d. Except as provided otherwise in this article, under no circumstances shall the city manager approve any permit which allows the applicant to limit the use of public streets by pedestrians using the street to move from location to location or to limit the use of the public parks when use of the park by the general public shall not unreasonably disturb the activities of the outdoor entertainment event. Nothing in this subsection shall be construed to prohibit the imposition of reasonable restrictions on the movement of the general public which are necessary for the carrying out of the outdoor entertainment event. C. Notwithstanding the foregoing, the city manager may deny a permit to an applicant where: City of Cape Canaveral Ordinance No. 04-2010 Page 8 of 18 L The applicant has previously made material misrepresentations regarding the nature or scope of an outdoor entertainment event or activity previously permitted; 2. The applicant has violated the terms of prior permits issued to or on behalf of the applicant; 3. The application for an outdoor entertainment event permit (including any required attachments and submissions) is not fully completed and executed; 4. The applicant has not tendered the required application fee with the application or has not submitted 14 days prior to the event the payment of the cost of the estimated extra personnel hours, the clean-up and damage deposit or any other fee imposed under this article; 5. The application for an outdoor entertainment event permit contains a material falsehood or misrepresentation; 6.. The applicant is legally incompetent to contract or to sue and be sued; 7. The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged city property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city; S. A fully executed application for an outdoor entertainment event permit for the same time and place has been previously received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular city facility; 9. The use or activity intended by the applicant would conflict with previously planned program(s) organized and conducted by the city and previously scheduled for the same time and place; 10. The proposed use or activity is prohibited by or inconsistent with the approved uses of the city facilities; 11. The use or activity intended by the applicant would present an unseasonable danger to the health or safety of the applicant or other users of the city's facilities, city employees or the public in general; City of Cape Canaveral Ordinance No. 04-2010 Page 9 of 1$ 12. The applicant has not complied or cannot comply with applicable license requirements, laws, ordinances or regulations ofthe city, county or state concerning the sale or offering for sale of any goods or services; 13. The use or activity intended by the applicant is prohibited by federal, state or local statute, ordinance, or regulation; 14. A previous outdoor entertainment event held by the applicant proved to be unprofessionally managed or organized; resulted in violence or chaos; or otherwise threatened the general health, safety or welfare of the public; or 15. A previous outdoor entertainment event held by the applicant resulted in claims being filed against the city for damages or personal injury as a result of actions or omissions of the applicant or a contractor/vendor hired by the applicant. (c) Permit approval, denial and approval with modifications. (1) If the application is approved, the event coordinator, in consultation with the commenting departments, shall implement any and all necessary restrictions or conditions as to time, manner and place, to be observed in accordance with public safety, environmental and administrative considerations. Provided, however, that such considerations shall not include any consideration of the content of any speech or message which may be conveyed by such outdoor entertainment event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the outdoor entertainment event. (2) An applicant denied a permit to conduct an outdoor entertainment event, or notified that the permit will be granted with modifications as -to time, manner, or place, or with restrictions or conditions, shall be notified in writing, stating in specific terms the reasons for the denial or shall state clearly the terms of the conditions, restrictions or modifications if not agreed upon by the applicant. The notice shall also inform the applicant of the right of appeal as provided in this section. (3) Any aggrieved applicant shall have the right to a public hearing before the city council, provided that the request for such hearing is made to the city manager within five (5) days after the receipt of the notice. Notices which are given. only by mail shall be presumed to have been received three (3) days after the mailing. Notices given in person, hand -delivered to the address of the applicant or sent by City of Cape Canaveral Ordinance No. 042010 Page 10 of 18 facsimile transmission or a -mail shall be presumed to have been delivered on the date given or sent. (d) Hearings and appeals. (1) Hearings contesting the denial of an outdoor entertainment event permit shall be held as provided in this section and shall be scheduled within ten (10) business days after receipt of the request for a hearing by the city manager. The hearing may be continued at the request of the applicant to allow the attendance of any necessary party or witness, but only from day to day. The determination of such hearing shall be made at the conclusion of the hearing, and. the city council shall issue a written determination within one (1) business day thereafter, which determination shall affirm or modify the decision of the city manager. (2) The hearing under this section shall be de novo, and shall be informal. Such hearing shall evaluate the city manager's decision and the application in accordance with the criteria of this article. (3) The written determination of the city council, as provided in this section, shall be the final decision of the city in the matter. Sec. 10-62. Alcohol sales and consumption. (a) Should the outdoor entertainment event have sales, consumption, or transfer of alcohol, the site plan shall indicate and show the location, size/area, containment/perimeter fencing type, and ingress/egress points of the beer garden. In no case shall the beer garden constitute an area greater than one-third (1/3) the area of the total event site plan. The applicant shall provide information, as part of the application, how ingress into the beer garden will be monitored to verify proof of legal age to purchase and consume alcohol. (b) No glass or metal beverage containers may be sold to, provided for, or used by event attendees for the purpose of beverage or food consumption. Souvenir glass and metal containers by be sold but may not be used for consumption on the event site. All glass or metal souvenir containers sold must be sealed and packaged while in the outdoor entertainment events area. (c) The city manager may exempt outdoor entertainment events from the beer garden requirement provided the outdoor entertainment event meets the following special conditions: (1) The sale and consumption of alcoholic beverages is limited to beer and wine and is licensed by the State of Florida; City of Cape Canaveral Ordinance No. 04-2010 Pale 11 of 1$ (2) The boundary of the area where beer and wine will be sold and consumed is approved by the city manager in consideration of the public safety, health, and welfare and the boundaries of said area are identified by existing natural (e.g. water bodies) and manmade (e.g. roads, sidewalks) landmarks or manmade temporary landmarks provided by the applicant specifically for the outdoor entertainment event (e.g. temporary barriers and signage); (3) During the outdoor entertainment event, the applicant shall be required to implement a procedure for checking identification cards for purposes of verifying that a person can lawfully buy and consume beer and wine. The sale and consumption of beer and wine by minors and habitual drunkards shall be strictly prohibited and controlled by the applicant; (4) The applicant shall be required to issue wristbands to any person who desires to lawfully buy and consume beer and wine at the outdoor entertainment event. The wristband shall be a minimum of one-half (%) inches wide, be a bright and conspicuous color, and be worn at all times during the event by the person buying and consuming alcohol. It shall be unlawful for any person to consume beer and wine at the outdoor entertainment event without wearing a wristband issued hereunder. It shall also be unlawful for any person to transfer a wristband issued under this subsection to any person who is a minor, habitual drunkard, or who has not been screened by the applicant pursuant to subsection (3) above. The applicant shall be required to post appropriate signage in conspicuous places around the event notifying the patrons that it is unlawful to buy and consume beer and wine during the outdoor entertainment event without wearing wristbands required hereunder and that it is also unlawful to transfer said wristband to another person during the outdoor entertainment event; (5) The applicant shall be required to erect temporary signage that clearly identifies where beer and wine may be sold and consumed during the outdoor entertainment event; (6) The sale or distribution of beer and wine to patrons shall cease at least 30 minutes prior to the end of the outdoor entertainment event. See. 10-63. Insurance requirements. (a) All outdoor entertainment events approved by the City shall require a fully paid commercial general liability damage insurance policy. If alcohol is sold and/or consumed, a liquor liability policy shall be required as well. Such insurance policies shall be procured by the applicant from a company licensed to do business in the state. These policies must protect the city, its officers, agents, attorneys, the outdoor entertainment event and its contractors from any and all claims or damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the presenter of the City of Cape Canaveral Ordinance No. 04-2010 Page 12 of I8 event, list the city as an additional named insured, and provide for no deductible. The event coordinator must receive a certificate of insurance no later than two (2) weeks prior to the date of the outdoor entertainment event, and a copy of the policies prior to the start of the event. The required coverage limits of insurance policies required by this section shall be established by the city manager in an administrative policy taking into consideration the proposed activities occurring as part of the outdoor entertainment event and commensurate with the potential risk for damage to persons and property. (b) The applicant shall also provide proof of worker's compensation insurance at the limits provided by the Florida Statutes. Sec. 10-64. CIosure or gating of public property and streets. (a) Streets may be closed, portions of streets and parks may be gated, and an admission fee may be charged in connection with an outdoor entertainment event at the discretion of the city council. (b) In reviewing a request for closure of a street, gating of a park or the charging of an admission fee for the outdoor entertainment event, due regard shall be given to public safety and environmental effects of such closing, to ensure that all reasonable steps are taken to minimize the adverse effect such closings may have upon the public. (c) If an event is gated, no person shall be barred from entering the gated area on the grounds of race, color, religion, gender, age, disability or national or ethnic origin. (d) The city council has the full and sole authority to close any city street or roadway and/or detour traffic due to a outdoor entertainment event. (e) Barricades and temporary signage for approved street closures shall be provided by the applicant. All barricades and temporary signage provided by the applicant shall be approved by the precinct commander prior to the outdoor entertainment event. It shall be the responsibility of the applicant, in coordination with the Sheriff s Department, to setup and breakdown the barricades and temporary signs at the approved times, as set -forth upon the permit. Sec. 10-65. Other public gatherings. Nothing in this article shall be construed to prevent members of the public from assembling in the parks or streets for the purpose of making any speech or conveying any message to the public or to the government without holding an outdoor entertainment event permit pursuant to this article. Should any such persons wish to assemble for such purpose and should they not be holding an outdoor entertainment event permit under this article, they shall not be prevented from doing so, provided that they have complied with any other federal, state, or local law or ordinance, if there be any, regulating such other event or gathering, and providing they are peaceable and not in violation City of Cape Canaveral Ordinance No. 04-20I0 Page 13 of 18 of any laws concerning the public order. Persons not holding such an outdoor entertainment event permit under this article, however, will not be entitled to the benefits provided by this article, including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other temporary structures or the use of parked vehicles or of permanent structures, or to the assistance of city personnel in carrying out the event, unless otherwise authorized by some other law or ordinance. See. 10-66. Clean-up and damage deposit. Any person issued an outdoor entertainment permit shall be required to submit a clean-up and damage deposit, in an amount established by resolution of the city council, to the city treasurer to cover any expenses incurred by the city to clean-up any debris, paper, litter or trash left at the conclusion of the outdoor entertainment event. The deposit shall be returned to the permittee upon certification by the city manager that no additional clean-up is required as a result of the event and that no damage to public property occurred as a result of the event. The city manager shall render such certification approximately 24 hours following the scheduled conclusion of the event. Should any permittee fail to sufficiently clean-up or repair damage within the 24-hour time period, the city shall have the right to take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the deposit. Sec. 10-67. Location of public parking; transportation services. The applicant shall be responsible for submitting a parking plan depicting adequate public parking and transportation services to the outdoor entertainment event staging area. The number of parking spaces deemed adequate shall be established by the city manager in an administrative policy taking into consideration the proposed size, scope and location of the outdoor entertainment event. The applicant shall at all times ensure adequate access and parking for all security, fire protection and emergency medical service vehicles in the immediate vicinity of the outdoor entertainment event staging area. Sec. 10-68. Turtle protection. No permit shall be issued for an outdoor entertainment event located on the beach or in the dune areas during turtle nesting season, which is between May 1 and October 31 each year. Sec. 10-69. Temporary structures; integrity, height, location. Permittees shall be responsible for permitting the erection of any temporary structures used for the outdoor entertainment event and shall be responsible for their structural integrity. Temporary structures shall be structurally sound based on the anticipated number of persons specified to use the structure. The height of temporary structures shall not exceed thirty (30) feet above the existing ground elevation. The location of all temporary structures shall be approved as part of the outdoor entertainment event permit and shall not be located as to damage the environment. All temporary structures shall be properly anchored against the possibility of strong weather conditions. City of Cape Canaveral Ordinance No. 04-2010 Page 14 of 18 See. 10-70. Vendors. The location of any vendors providing goods or services in support of a permitted outdoor entertainment event shall be depicted on the applicant's site plan. Permittees shall provide the events coordinator with a complete list of all vendors participating in the outdoor entertainment event as soon as is practicable. The city may require vendors to be registered with the city in order to ensure vendors are properly licensed to conduct business in the City of Cape Canaveral, in accordance with Florida law. Sec. 10-71. Use of water craft. (a) If a permitted outdoor entertainment event requires the use of water craft for competition, servicing, maintenance, safety or any other reason, said water craft shall be permitted in approved areas, as determined in the event planning meeting. Access areas to waterway shall be established during the event planning meeting. Temporary buoys and markers may be placed in the water with approval from the appropriate governing agency. If the outdoor entertainment event involves water craft competition, waterborne rescue and life-saving personnel and equipment, they shall be on -duty and prepared to act to protect competitors and spectators during all competitions and practices. Appropriate locations for work areas for water craft shall be designated and approved by the city as part of any permit issued under this article. (b) No vehicles, trailers or mobile equipment shall be permitted on the beach outside of the approved designated areas. Loading and unloading of water craft from trailers, shall be permitted only in designated locations, as determined in the planning meeting. No storage of vehicles or trailers shall be permitted in such areas. No fueling, refueling or storage of fuels shall be permitted on the beach. (c) Vehicles used for transporting trailers on the beach shall be approved by the city. See. 10-72. Metered parking. If -any outdoor entertainment requires the use of metered parking spaces or impacts an area that will result in a loss of revenue from parking meters due to the outdoor entertainment event, the applicant shall be responsible to reimburse the city for the amount of the lost revenue. Any costs incurred under this section shall be determined during the event planning meeting and shall be due to the city along with the costs for extra personnel hours and other fees due under this article. The formula for determining the costs for the number of parking meters affected shall be the number of meters occupied by the outdoor entertainment event multiplied by the number of hours per day the meters are occupied, multiplied by the number of days affected, at the current rate per hour. Consideration may be given to allowing the applicant use of the parking spaces covered by the meters, provided public and emergency vehicle access is not affected. City of Cape Canaveral Ordinance No. 04-2010 Page 15 of 18 See. 10-73. Fees and deposits. Any applicant seeking to make application for and obtain an outdoor entertainment event permit shall agree to accept conditions in accordance with this article and pay the prescribed fees, as amended from time to time, and adopted by resolution of the city council. (a) No later than 14 days prior to the each outdoor entertainment event being held, applicants shall make full payment to the city for the cost of the estimated extra personnel hours, the clean-up and damage deposit and any other fee authorized under this article. (b) To the extent that any outdoor entertainment event may require extra personnel hours in excess of those endorsed upon the pernnit, the applicant shall be required to reimburse the cost of such additional extra personnel hours, provided that the city manager, in order to impose such additional amount, must mail or deliver an invoice for such additional amount to the applicant no later than sixty (60) days after the date of the outdoor entertainment event. (c) To the extent that any outdoor entertainment event required fewer extra personnel hours than anticipated and endorsed upon the permit, the applicant may request a refund by submitting such request in writing to the event coordinator within thirty (30) days of the conclusion of the outdoor entertainment event. The event coordinator will provide a recommendation regarding such request to the city manager within ten (10) days of receipt of such request. The city manager may, in the city manager's sole discretion, authorize a refund equivalent to the reduction in extra personnel hours required. (d) No applicant for or recipient of an outdoor entertainment event permit shall be required to provide for or pay for the cost of public safety personnel necessary to provide for the protection of any outdoor entertainment event attendees from hostile members of the public or counter -demonstrators, or for general law enforcement outside the vicinity of the outdoor entertainment event. The holder of a permit shall be required, however, to provide an internal security plan and shall be required to provide and pay for off-duty police officers and private security guards in order to implement such plan. In determining the adequacy and appropriateness for any internal security plan, the city manager shall be guided solely by considerations of the number of off-duty law enforcement and private security guards necessary to provide for internal security for the outdoor entertainment event production area and the control of traffic generated by the event, as indicated by experience with similar events. To this end, the city manager may consider the advice and counsel of public safety professionals and persons with expertise in handling or promoting similar events, including but not limited to the event coordinator and the precinct commander. In evaluating the internal security plan, the city manager shall not take into account the message of the outdoor entertainment event, the content of any speech, the identity or associational relationships of the applicant or any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event. The internal security plan shall specify that the number of off-duty City of Cape Canaveral Ordinance No. 04-2010 Page 16 of 18 Iaw enforcement officers hired by the applicant shall be the same or more than the number of private security guards hired for such purpose. At the option of the applicant, the security forces underthe internal security plan may be comprised entirely of off-duty law enforcement officers. See. 10-74. Other permits and licenses. Nothing in this article should be construed as repealing other sections of this Code or other laws or ordinances requiring separate applications for permits or licenses for specific portions ofthe proposed outdoor entertainment event, such as but not limited to, building, electrical, plumbing or related permits, licenses to sell and/or permit consumption of alcoholic beverages or permits to sell and/or permit consumption in parks or on city streets. Those permits or licenses must be applied for separately in accordance with the federal, state and local laws or ordinances specifically governing such activity. Sec. 10-75. Revocation of permits. (a) The city manager shall have the authority to immediately revoke an outdoor entertainment event permit issued under this article, as follows: (1) Upon a violation by the permit holder or the permit holder's agents, employees, or contractors, of any one or more of the conditions contained upon the permit. (2) When a bona fide public emergency arises where the law enforcement and fire resources being utilized for a permitted outdoor entertainment event are immediately required for that emergency to protect the health, welfare and safety of persons or property. (b) Notice of the revocation shall be given to the permit holder by the most practicable and expeditious manner available under the circumstances. See. 10-76. Emergency suspension or cancellation of permitted outdoor entertainment event. Notwithstanding the issuance of an outdoor entertainment permit under this article, nothing P herein shall prohibit a duly authorized representative of the city from suspending or cancelling an outdoor entertainment event because of adverse weather or any public emergency when such suspension or cancellation is in furtherance of the health, safety and welfare of the public. Secs. 10-77 —10-85. Reserved. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 04-2010 Page 17 of 18 Section S. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competentjurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall.not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: MIA GOFORTH, Acting City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 04-2010 Page 18 of 18 Against ARTICLE III. OUTDOOR 0-TTERTAINMENT* E)CHIBIT page 1 of 4 ARTICLE Ill. OUTDOOR ENTERTAINMENT* *Cross references: Code enforcement, ch. 2, art. VI; parks and recreation, ch. 54; str etssidewalks an`d�her public places, ch. 66; buildings and building regulations, ch. 82; zoning, ch. 0., DIVISION 1. GENERALLY See. 10-46. Definitions. The following words�,, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clear�fyar dicates a different meaning: Outdoor entertainment a encs means any gathering roups or persons for the purpose of participating in, viewing, observin � , watching or listening entertainment which consists of musical renditions, sporting contests or a eats, festivals or o her entertainment not conducted within a completely enclosed structure. (Ord. No. 23-92, § 1(729.01),12-1-92) Cross references: Definitions and rules o construction generally, § 1-2. Sec. 10-47. Compliance with other laws. The staging, promoting or con (ucting of an outdoor entertainment event shall be in full and complete compliance with all zanin /and land use law in subpart B of this Code, beverage license laws and other laws, ordinances ani regulations applicabi\or (Ord. No. 23-92, § 1(729.04), 124--92) Sec. 10-48. Penalties, or violations. (a} Any personwho violates, disobeys, omits, negs to comply with orwho resists the enforcement of. any of the sections of this article shall be punished as provided by section 1- 15. !` (b) The p�ity council may revoke the special outdoor entertainment permit granted and shall immediately notify the business license official, as designated by the City manager, to revoke any to al business tax receipt upon the occurrence of any violation of this a icle. (Ord. No. 23-92, § 1(729.07), 12-1-92; Ord. No. 02-2007, § 4, 2-20-07; Ord. No. 07-2 08, § 3, 7-1-08) Secy0-49. Local business tax receipt required. It shall be unlawful for any person to stage, promote or conduct any outdoor enterta in the city unless he shall have secured a local business tax receipt as provided for in secti http://Iibrary8.municode.corn/default-test/DocView/12642/l/47/50 2/8/2010 ARTICLE 111. OUTDOOR EP ITERTAINMENT* Page 2 of 4 88, which local business tax receipt shall be issued only after issuance of the entertainment permit by the city council. No. 23-92, § 1(729.02), 12-1-92; Ord. No. 02-2007, § 4, 2-20-07) references: Occupational license taxes, § 70-88. Sec. 102510. Exceptions. The\city council shall have the right to waive the applicability and necessity of any of the sections of Etats article to any outdoor entertainment event sponsored b the recreational boards established b�\the city or any outdoor entertainment event promotedy a nonprofit organization, association or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and aper val of an outdoor entertainment event promoted by`,such organization, association or group shall based upon a sufficient showing that the sections waived dealing with the health, safety and welfayy�� of those in attendance, as well as the general public, have been otherwise provided for as require¢'by the applicable standards set forth in this article. �� (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51--10-60. Res DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, pro c corporate limits of the city shall first secure a (Ord. No. 23-92, § 1(729.03(A)), 12-1-9Z) Sec. 10-62. Application. conduct any outdoor entertainment event within the 131 entertainment permit from the city council. An application for a special outdoor entertainment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in ad�ance of the date of commencement of the outdoor entertainment event for which the permit is requested in order to permit the council to evaluate the application in/an orderly and expeditious manner. The application shall contain the plans, documents and informag6n specified in this section. No permit shall\be issued by the council until receipt and approval of,011 plans, documents and information and until the following minimum conditions are met or such higher conditions as required by the council upon a review of any unique problems contained in the plans, documents and information are met: (1) Adequate plans for site construction, sanitation facilities, sewn a disposal, garbage a d refuse disposal, drainage, floodlighting during darkness, insect nd rodent control, hater supply and food service. For the purposes of evaluating such pla , s, the standards established by the rules of the state division of health in the sanitary co • e of the state shall be considered as minimum requirements. For the purposes of this article, part IV, chapter 10D-25, excluding sections 25.077, 25.078, 25.079, 25.080, of the,, Florida Administrative Code and any succeeding rule, regulation or law shall be considered specifically applicable to the operation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part 1, and such http://library8.municode.com/default-test/DocView/12642/1/47/50 2/8/2010 ARTICLE 111. OUTDOOR ETT`rERTAINMENT* Page 3 of 4 other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the fes v" ai site showing the location of all required facilities, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide,fo)t least one parking space for every five patrons and for safe transportation of the p #runs from the parking area to the performance area. No motor vehicle shall be perVfted outside the designated parking area, except when necessary to ensure compliancy with this article. (3) An adequate plan for medical facilities. There shall be provAiided one physician licensed in this state on duty at all times for every 2,000 patrons/one nurse licensed in this,\state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of medicines, bandages, medical compounds, medical instruments, serums, tape and such other supplies as are necessary to treat advers�.drug reactions, cuts, bruises, abrasions, bites, feactures, infections and other injuries commonly connected with such outdoor activities/ (4) An adequate plan for internal security, trais control, communications, fire protection arid emergency services, including ampulance service, in and around the event area. Stich plan shall provide for at leas�//one person professionally trained in security and traffic control on duty at all times for every 500 patrons, with no security personnel working more than one eight-hour/shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection and emergency services, incluging ambulance service, to be used and how it is to be implemented, aiid a detailed background on the training and ability of the personnel to be used in imp)ementings Bich plan. (5) A full and complete disclo\ossure;of the financial backing of the outdoor entertainment event, including the names of all'�ersons with a direct or indirect financial interest in the staging, promoting or conducting of�such event, whether such interest be by virtue of ownership in any entity stagirig, promoting or conducting such event, status as an employee of any person staging, promo`ing or conducting such event or any involvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or a�geements with such persons or groups. (7) The names of p11 persons who will provide } oducts, materials or services, other than entertainmenVto or at the outdoor entertainment event and executed copies of all contracts or agre eats with such persons. (S) The exac date and time of commencement a\teexact dateand time of the conclusion ofd a outdoor�entertainment event. No evII begin before 10:00 a -m. or end after 1"0 p.m. (9) A wpften public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and a Yaims and demands madeAy any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of no9e s than $300,000.00 damage or injury to any one person fo bodily injury or atherwtse, plus $25,000.00 damage to property, and for not less than00,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such p icy shall be attached to the application for a special outdoor entertainment permit, together. with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or detailed specifications for the special entertainment permit established by resolution of the city council as the council may http:l/library8.municode.com/default-test/DocView/12642/1147/50 2/8/2010 ARTICLE III. OUTDOOR EJ TTERTAINMENT* Page 4 of 4 deem necessary to carry out the intent of this article for the protection of the public health, morals, safety and general welfare, including insurance coverage in addition to the amounts and types of coverage specified in subsection (9) of this section. / No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) SecV0-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a ri inimum nonrefundable fee per day established by resolution of he city council and set forth in appendix'to this Code. (Ord. No. 23-92\,,§ 1(729.05), 12-1-92) Sec. 10-64. Cash cle nup bond. Any person holding a special outdoor entertainment permit shall deposit with the city treasurer a cash bond in the amount of $0.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the p�trons at the outdoc�/entertainment event or by the holder of the permit or his agents, employees or contractors. The case bond shall be returned to the holder of the permit upon certification by the city manager\\that all debris, paper, litter or trash has been removed from the premises on which the outdoor enteZriment'event was held within 24 hours from the designated conclusion time of the outdoor entertainm4entr`event and that no damage has been done to the streets, sewers, structures, trees and shrubbery ort such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanu or repair such damage within the 24-hour time period, the city shall have the right to forthwitVtake cleanup ch corrective action as it may deem necessary and to deduct the cost of cleanup or repair fpm the amou%t of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12-1,92) Secs. 10-65--10-85. http://Iibrary8.municode.com/default-test/Dor,View/12642/1147150 2/8/2010 Yes Outdoor Entertainment Permit Application submitted Coordinator holds meeting between the outdoor entertainment event committee and applicant's team. Q&A. Outdoor entertainment event committee members may subsequently research and perform reviews individually as necessary and may meet individually with applloanfs team members as necessary. If City Council approval is required for any item (Le alcohol o fees), applicant is notified of their requirement to submit for Council agenda item. Staff assists. Upon completion of review, each member of the committee forwards a memo to coordinator indicating whether there are any remaining compliance issues that the applicant needs to address or whether there are no further comments. Coordinator forwards copies of all compliance issue memos to applicant (including status of any required Council approval). Applicant revises and re- Yes Are there any remaining submits as necessary compliance issues? No Coordinator creates Outdoor �7No re-submit? Entertainment Event Permit. The permit indicates any Council- approvedldenied items. Permit not issued Permit issued Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT Application Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council. City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: Fir. n/Organization: Address: E -Mail: Telephone: Cell: Local Contact: Local Address (if different from above) Type of Event: Title: Title: Will Alcoholic Beverages Be Served on the Premises? YES_ NO (City Council approval required) Will food be served at the event? YES NO Total number of people expected throughout the duration of the event: Total maximum peak attendance (at any one time): Total parking available (on site and offsite): Catering Set -Up Date: Rental Set -Up Date: Breakdown Date: Event Datc(s): Location(s): Important: Applicant is to attach site plan(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, .restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout. e. Total number of on-site parking spaces and loading zones. f. Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. Revised 02-23-10 (1) For outdoor entertainment permits which require the closing of streets, a street closure plan shall be submitted. Such plan shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. h. location of public address sound system(s). Please indicate which of the following are anticipated: ❑Traffic Control ❑Use of Police/Fire Rescue Equipment UStreet Closing ❑Vehicles/Equipment on Beach ❑Vehicle Parking on City Property ❑Other (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: i. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,040,040.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Policy No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS: Brevard County Sheriff's Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: Revised 02-23-10 IV. EXEMP Legally organized non-profit organizations may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500. VI CLEAN-UP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. Signature of Applicant or Representative/Title Printed name of Applicant or Representative Approved by City of Cape Canaveral: Date: Signature of City Manager Date: Signature of Outdoor Entertainment Event coordinator Date: Signature of BCSO, Canaveral Precinct Commander Date: Signature of Fire Chief Date: Signature of Building Official, Date: Signature of Public Works Director Date: Signature of Recreation Department Director Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 Phone: (321) 868-1222 Fax: (321) 868-1247 View Legal Ad# 179251 Print Window Close Window Al]#179251,0212012010 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 04-2010 in the City of Cape Canaveral Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, March 2, 2010. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE 04-2010 An Ordinance of the City of Cape Canaveral, Florida, Repealing the Existing Provisions of Article 111, Chapter 10 of the City Code Related to Outdoor Entertainment; Adopting a New Article 111 of Chapter 10 Regulating the Permitting of Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code,- Severability; ede;Severability; and an Effective Date. Pursuant to Section 286.9015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1220) 48 hours in advance of the meeting. Mia Goforth, Acting City Clerk AD#: 179251 Publication: Florida Today First Published: 02-20-2010 Page 1 of 1 http://Iegals.flatoday.netldig/display.htm?CMD=DISPLAY&ld=51832 2/22/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: March 2, 2010 Item No. lz 6. Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE FOR CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, 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. Department: Community Development Summary: New fee schedule for outdoor entertainment event permits 1. Makes the $500 fee a one-time charge, regardless of the duration of the event_ 2. Provides the ability for departments to charge fees according to the needs of the event. 3. Places the $500 clean-up deposit in the fee schedule. Requested Council Action: Approve the resolution. Financial Impact: Event costs to be paid by applicants. Indirect economic development benefit to City. Attachments: ueSupporting Documents Reviewed: Resolution 2010 - Submitting Department Head: Todd Morley Date: February 22, 2010 Approved by City Manager:0-/--,L � Date: 21 ZJ /,/ 0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE FOR CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, 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. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expresslyprohibited by law; and WHEREAS, section 166.201, Florida Statutes, authorizes the City Council to impose fees necessary for the conduct of municipal government; and WHEREAS, the City Council adopted Ordinance 04-2010, authorizing the imposition of fees related to the City's outdoor entertainment event permit regulations; and WHEREAS, the City Council desires to implement the revisions set forth herein related to permitting outdoor entertainment events; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Amendment of Existing Fee Schedule for Chapter 10, Amusements and Entertainments. The Cape Canaveral City Council hereby amends the existing fee schedule set forth in "Appendix B" to the Cape Canaveral Code of Ordinances for Chapter 10, Amusements and Entertainments as follows (underlined type indicates additions and strikes type indicates deletions from the existing fee schedule, while asterisks (* * *) indicate a deletion from this Resolution oftext existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Resolution shall remain unchanged from the language existing prior to adoption of this City of Cape Canaveral Resolution No. 2010 - Page 1 of 3 Resolution): APPENDIX B — SCHEDULE OF FEES Chapter 10. Amusements and Entertainments Article III. Outdoor Entertainment (a) Permit fee; petty Extra personnel hours. as defined in Chapter 10 LcJ Clean up and damage deposit Amount Code Section 500.00 X6310-61 Actual cost 10-73 500.00 10-66 Section 3. Incorporation into "Appendix B" to the Code of Ordinances. The fee schedule set forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the foregoing. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. - Effective Date. This Resolution shall become effective immediately upon adoption. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2010 - Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida this , 2010. ROCKY RANDELS, Mayor ATTEST: Bob Hoog Buzz Petsos MIA 'GOFORTH, Acting City Clerk Rocky Randels C. Shannon Roberts Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2010-_ Page 3 of 3 day of For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: March 2, 2010 Item No. /-I Subject: Discussion item re: Art of Sand Event — requested alcohol service and waivers Department: Community Development Summary: Brevard Cultural Alliance is asking the City Council to approve three items for the anticipated Art of Sand Festival: 1. Alcohol service 2. Waiver of Fees 3. Fence height exemption Requested Council Action: Consider approval of all three items. Financial Impact: $500 application fee, plus any approved expenditure of funds for public safety services in support of the Art of Sand Event (amount to be provided by the departments which are charging the fees). Attachments: N4upporting Documents Reviewed: Staff memo, Outdoor Entertainment Event application, Tax exempt certificate, Fence la out Submitting Department Head: Todd Morley _ Date: February 22, 2010 I Approved by'City INanager: ; Date: Zb- 3 �� d City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo Date: February 22, 2010 To: City Council, via Angela Apperson, Acting City Manager From: Todd Morley, Building Officlal RE Art of Sand - requested alcohol service approval and warners Per the attached outdoor entertainment permit application, the Brevard Cultural Alliance is requesting Council approval of three items: Alcohol service Alcohol service at an outdoor entertainment event is permissible only with the approval of the City Council. The applicant will be required to obtain appropriate State licensure to service alcohol on the premises. Further, they will be required to submit liquor liability insurance in accordance with our new ordinance. Waiver of fees The Brevard Cultural Alliance is a not -Far -profit 501(C)(3) organization (see attached exemption certificate). Waiver of Fence height requirment The applicant desires to construct a temporary 6 ft. high chain-link fence around the perimeter of the event, which is to remain for the duration of the event (see attached layout). City code section Sec. 110-470. Fences, walls and hedges, subsection (a) (3) states: In any commercial or industrial district, no fence or wall in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any public right-of-way. Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: 2/5/2010 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: Shellie Williams Title: Executive Director Firm: Brevard Cultural Alliance, Inc. Address: 2725 Judge Fran Jamieson Way C-307 E -Mail: shellie.williams@artsbrevard.org Telephone: 321-690-6817 F Local Contact: Amanda Beikmann Local Address (if different from above) TypeofEvent: Art of Sand Festival : 321-690-6818 Title: Marketing/Special Events Will Alcoholic Beverages Be Served on the Premises? YES X NO Event Dates) in Cape Canaveral:April 2 — May 1, 2010 Location(s): Date(s) Time Radisson Resort at the Port see attached for event hours Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use ofPolice/Fire Rescue Equipment ❑Street Closing DVehicles/Equipment on Beach ❑Other f7Vehicle Parking on City Property Specify: If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 1. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: f UZ1111 Policy No. - Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirenients if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Executive D rector Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Date 2/5/.2010 Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 858-1224 OODA2 ris Certificate of Exi DR -14 I 'R. 04/06 Issued Pursuant to Chapter 212, Florida Statutes 85-80126987860-8 03/30/2008 i 03/31/2013 Ahwr.-W-5d 7"' -A'T'4 0 M This certifies that W BREVARD CULTURAL ALLIANCE INC 2725 JUDGE FRANC JAMIESON WAY r-307 Vlr=RA FL 32940 -$$OS 0 N Z is exempt from the payment of Rorida sales and use tax on real property rent6d, transient personal property purchased or rented, or services purchased. DR -14 important Information for Exempt Organizations 1 Ft. 04/05 DE 01' RMNUE I You must provide all vendors and suppliers with an exemption certificate before maldng tax-exempt pUrchases. See Rule 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer�s CeIVIcate of Exemption is to be used solely by your organization for your organizations customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, sven if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The saI6 or ' lea ' se to others by your organization of tangible personal property, sleeping accommodaflons.or offier real property is taxable. Your organization must register, and coiled and remit sales and use tax on such taxable tran8aebons. Note: Churches are exempt from this requirement except when they are- the lessor of reaf property (Rule 12A -1.07D, FAC). 5, , It is a criminal offense to fraudulently present thJs cartif icate to evade the payment of sales tax. Under no circumstances should WS certificate be used for the personal benefit of any individual, Violators will be liable for payment of the salas tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any Violaton will necessitate the revocation of this certificke. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address!s; PO [BOX 6480, Tallahassee, FL 32314-6480. rfiA -T. _ w, _ FjT;]6 ! j ENTER_..�. - 1 dm