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HomeMy WebLinkAboutPacket 09-01-2009 RegularCity of Cape Canaveral AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: 7:00 p.m. — 7.15 p.m. Recognition by the Brevard County Sheriff's Department- Miss Kylar Simpson Recognition of Parks and Recreation Department Summer Camp Staff REPORTS: 7;15 p.m, — 7:30 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7:30 p. m. — 7:50 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cicyofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com rof Cape Canaveral, Florida NtV Council' Regular Meeting Agenda September 1, 2009 Page 2 of 3 CONSENT AGENDA: 7:50 p.m. — 8:00 p.m. Motion to Approve: Regular City Council Meeting Minutes of August 4, 2009. 2. Motion to Approve: Proclamation in Honor of Commodore John Barry Day, September 13, 2009. 3. Motion to Approve: Resolution No. 2009-28, Re -appointing Members to the Planning and Zoning Board; B. McNeely, J. Fredrickson, J. Johanson and R. Friedman. 4. Motion to Approve: Resolution No. 2009-29; To Prioritize the Intercity Rail Component of the FEC Corridor Project as Part of the Federal Economic Stimulus Package. 5. Motion to Approve: Special Alcohol Exemption Permit for Manatee Sanctuary Park on September 5 from 12:00 p.m. — 7:00 p.m. 6. Motion to Approve: The School Resource Officer (SRO) Program Agreement with the City of Cocoa Beach. RECONSIDERATION: 8:00 p.m. — 8:30 p.m. 7. Motion to Approve: Resolution No. 2009-19, amending the existing fee schedule set forth in Appendix "B" for Chapter 82, Building and Building Regulations. ORDINANCE: FIRST READING: 8:30 p.m. — 8:45 p.m. 8. Motion to Approve: Ordinance No. 10-2009; Amending the City Code Related to the City Council Meetings. CONSIDERATION: 8:45 p.m. — 9:00 p.m. 9. Motion to Approve: Proposed Renovation Activities at the Public Library Meeting Room. DISCUSSION: 9.00 p.m. — 9:20 p.m. 10. 2009 Florida City Government Week Planning. of Cape Canaveral, Florida qty Council Regular Meeting Agenda September 1, 2009 Page 3 of 3 REPORTS: 9:20 p.m. —10:00 p.m. Council ADJOURNMENT: Pursuant to Section 286.0105, 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 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 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 (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/01/09 Subject: Summer Camp Recognition: PrN .... esentation Department: Parks & Recreation Summary: The Recreation Department would like to recognize summer camp staff and volunteer sponsors for their contributions and hard work. Requested Council Action: None Financial Impact: None Attachments: o Supporting Documents Reviewed Submitting Department Head: Date: �� 9► y Approved by City Manager: ate: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo TO: Sennett Boucher, City Manager Ficar. Robert Lefever, Parks & Recreation Director CC: Mayor Randels & Council Members Data August 6, 2009 Row Agenda Item Bennett, The Recreation Department would like to be placed on the Tuesday, October le Crly Council Meeting agenda to make a short recognition presentation to summer camp staff. Tha nks, Robert Lefever CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 4, 2009 6:00 PM lJ11011111* ? CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. PN I r.Al I Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attomey Recreation Director Building Official Planning and Development Dir Acting Deputy City Clerk PRESENTATION: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Robert Lefever Todd Morley Barry Brown Mia Goforth Roz Foster, North Brevard Heritage Foundation — "Economic Benefits of Historic Preservation" Mr. Ray Osborne, historian and resident, introduced Ms. Roz Foster, Founder and President of the North Brevard Heritage Foundation. Ms. Foster informed of her interest in saving the past for future generations and presented the following: • The North Brevard Heritage Foundation has saved 11 historic structures since forming in 2005, including the Pritchard House in downtown Titusville. • The City of Cape Canaveral should take this opportunity to review, plan and prepare for future generations and urged the City Council to review the State of Florida Economic Impact Study (hand-out). City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 2 of 14 • Conclusions of the State's impact study in regard to Historic Preservation include: job creation, substantial tax collection contributions for State and local governments and billions of dollars spent by those visiting historic sites. • The Space Industry is an historical resource unique to the character of this area. • The City, the Chamber of Commerce and the Developers must work together. • The recommendation to get involved with the State Historic Marker Program; Funding for this program is provided by Brevard County's Tourist Development Council, the Florida Department of State and Historic Resources and the Brevard County Historic Commission. • The City Council may want to consider obtaining an Historic Survey, an Historic Preservation Ordinance and appointing an Historic Preservation Review Board to ensure the preservation of the City's heritage for future generations. City Council questions and discussion followed: • Mayor Randels suggested the possibility of giving this task to the Business and Cultural Development Board and appointing a representative to be involved; Ms. Roberts advised that Council may want to consider having its own Historic Preservation Review Board. • Ms. Foster suggested the City transcribe its Orad History Video into a story for publishing. • Ms. Foster responded to Ms. Roberts that the City of Titusville has a museum that was started in 1986. Museums are a wonderful place to put things people no longer want or consider as junk and is also a goody reuse of an abandoned building. • Ms. Roberts commended Mr. Charlie Marr and the City of Titusville on preserving ,its Space History and requested recommendations for the City of Cape Canaveral with its Space related heritage and history; Ms. Foster responded that she would start with the State's archives. • Ms. Roberts recognized Mr. Ray Osborne as someone the City is very fortunate to have who is knowledgeable and very interested in the City's history. Ms. Foster thanked the City Council for the opportunity to speak with them. REPORTS: CITY MANAGER • Mr. Boucher handed out the Notice of Election for the Office of Mayor and informed that the qualifying period runs from Noon, Friday, August 7, 2009 through Noon Friday, August 21, 2009. • Mr. Boucher informed he received notice from the City of Cocoa inviting the City Council to attend the Opening of their new City Hall on Friday, August 7 from 4 p.m. to 6 p.m. and to please bring a canned good as a donation. • Mr. Boucher announced that the Port Canaveral Police Chief Joseph Hellebrand is scheduled to speak at the next City Council meeting on Tuesday, August 18 and requested Council to please have questions ready for him. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 3 of 14 • Mr. Boucher announced Deputy Cletus Jones as the City's new SRO (School Resource Officer). • Mr. Boucher invited Council to visit the City Council Workroom in City Hall and to contact his assistant, Kim McIntire, to schedule use of the room. • Mr, Boucher requested to schedule a 2-3 hour workshop/production meeting to close out the Oral History Video Project and informed that he would set a date later. • Mr. Boucher informed that he would like to schedule the next City Council Meeting on August 18 back to 7 p.m. and encouraged Council to attend the Dedication Ceremony at the Youth Center at 6 p,m. for the new City of Cape Canaveral -PAL Youth Center sign. • Mr. Boucher handed out information regarding the W.I.T.. Program, Working Effectively Together and requested Council' to look at the outline and consider whether they would like to participate with staff in the program, STAFF Recreation Director Mr. Lefever reported that over 175 back packs were given out and bike helmets were given to every participant of the Rock and Skate Jam and Bicycle Rodeo. Recognition was given to the major sponsors: Cape Canaveral Kiwanis Club, Papa Vito's Pizzeria and the Fish and Dive Shop; Special Recognition went out to Ms. Joyce Hamilton. Planning and Development Director • No report. Sheriffs Department • No report. Building Official • Mr. Morley announced that the demolition and renovation has begun on the property located at 104'Monroe Avenue. Acting Deputy City Clerk • No report. City Attorney • Attorney Garganese followed up on an e-mail from Mr. Petsos inquiring about the Rules and Procedures for adjourning City Council Meetings; Attomey Garganese explained that this is an unwritten rule the Council has followed, by custom, for years. He stated he found no conflict with this and any written rule, but it does not address certain situations because it is not in writing. Attorney City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 4 of 14 Garganese advised Council may want to consider this as a future agenda item. Council agreed. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne requested City Council's permission to contact local property owners and see if they would be willing to place Historical Markers on their property. Council agreed to the request. Mr. Robert Carney, 340 Chandler Street, stated that he has been asked to represent 250 residents to request that the City of Cape Canaveral conduct a feasibility study to determine whether the City could save money by having its own police department. Mr. Boucher responded that he would try and get copies of the police study done in the 1990s and explained that a professional consultant could analyze the issue or Council could establish a committee to do fact finding as well. The suggestion was made to ask Port Canaveral if they conducted a study before establishing their new police force and the recommendation was made to consider the pros and cons in a study. Council agreed to the request. CONSENT AGENDA: 1. Motion to Approve: Regular City Council Meeting Minutes of July 7, 2009 and Special Meeting of the City Council' of July 14, 2009. 2. Motion to Approve: Resolution No. 2009-22; Appointing a First Alternate Member as a Regular Member to the Code Enforcement Board, R. Lotspeich. 3. Motion to Approve: Outdoor Entertainment Permit for the Movie in the Park at Manatee Sanctuary Park, Friday, August 7, 2009. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. A member of the audience inquired about the Sign Code Ordinance and if it should have been included in this portion of the agenda. Mr. Boucher reminded that the City Council had agreed to workshop the item before bringing it back to the City Council for a second reading as a Regular Meeting agenda item. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog To Approve Consent Agenda Item Nos. 1, 2 and 3. The vote on the motion carried 5-0 City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 5 of 14 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: SECOND PUBLIC HEARING: 4. Motion to Adopt: Ordinance No. 07-2009; Amending Section 110-171 of the Code of Ordinances re Alcoholic Beverage Special Exceptions. Attorney Garganese read Ordinance No. 07-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 110-171 OF THE CODE OF ORDINANCES RELATED TO ALCOHOLIC BEVERAGE SPECIAL EXCEPTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese explained this code change is being requested by Izzy's Bistro Restaurant and if adopted, this Ordinance would lower the exception to the 2000 foot distance requirement for restaurants that have minimum seating for 150 persons. The current Ordinance provides an exception for 200 or more persons. Mr. Morley responded to Mr. Petsos that no changes have been made since the first reading of the ordinance. Mayor Pro Tem Hoog inquired about the ingress/egress. Mr. Morley affirmed that the applicant indicated to him that there would be some moving around and reconfiguring of the space and they feel confident they will be able to meet the 150 seat requirement including the outdoor seating. No further discussion was requested. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Approve Ordinance No. 07-2009; Amending Section 110-171 of the Code of Ordinances re Alcoholic Beverage Special Exceptions. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION - 5. Motion to Approve: Resolution No. 2009-24; Adopting a New Solid Waste Franchise Agreement with Waste Pro, Inc., effective October 1, 2009, Adopting the Solid Waste Rates and Adopting a Memorandum of Agreement with Waste Pro, Inc. related to Enhanced Services and Equipment. Attorney Garganese read Resolution No. 2009-24 by title. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 6 of 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC. EFFECTIVE OCTOBER 1, 2009; ADOPTING THE SOLID WASTE RATES SET FORTH IN THE SOLID WASTE FRANCHISE AGREEMENT; ADOPTING A MEMORANDUM OF AGREEMENT WITH WASTE PRO OF FLORIDA, INC. RELATED TO ENHANCED SERVICES AND EQUIPMENT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Randels pointed out that the three (3) changes were incorporated into Memorandum of Agreement included in the agenda packet. Mr. Boucher handed out the transition time -line for Waste Pro to start promptly on October 1, 2009. Mr. Tim Dolan of Waste Pro clarified the following: • The rates for commercial roll -off compactors and containers for some of the multi -family homes and some condominiums could be lower or higher than the flat rate depending on the average service and special circumstances of the particular condominium or unit. • The delivery charge of $75 for all roll -off containers does not pertain to this transition period and is primarily for construction job, sites when a container is brought to the property. • Waste Pro plans to knock on every door of the property managers and owners of condominiums to help prepare: for the transition. • Waste Pro trucks will have spray units to deodorize dumpsters and will replace durnpsters if necessary, to control the smell of fish waste. • Residents will not have to sort items in recycling bins; Waste Pro may do some curbside sortingi. • If the current contractor is willing, Waste Pro will purchase the current carts and there will be no drop off or pick up transaction; if not, Waste Pro will make arrangements with the current contractor to pick up the carts within a very short period of time. • Some experienced drivers within the company will be integrated into the contract and they will make sure everyone becomes familiar with the routes before the starting time. Mr. Boucher announced for the media and people in the audience that come October 1, 2009 the single family rate will go from $9.54 a month to $8.80 a month and the monthly container yard rate will go from $29.08 to $26.25. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2009-24; Adopting a New Solid Waste Franchise Agreement with Waste Pro, Inc., effective October 1, 2009, Adopting the Solid Waste Rates and Adopting a Memorandum of Agreement with Waste Pro, Inc. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 7 of 14 related to Enhanced Services and Equipment. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATIONS: 6. Motion to Approve: Resolution No. 2009-25; Suspending Temporary On - Premises Sign Code Provisions and Related Permit Fees. Attorney Garganese read Resolution No. 2009-25 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXTENDING FOR A, PERIOD OF SIX (6) MONTHS THE TEMPORARY SUSPENSION OF THE ENFORCEMENT OF DISPLAY TIME LIMITS AND PERMIT FEES APPLICABLE TO TEMPORARY ON -PREMISES SIGNS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE, Attorney Garganese explained that Council approved a resolution back in February 2009 extending the temporary suspension and this resolution will extend the same for an additional six (6) months. Ms. Roberts expressed her concern, as a safety issue along Al A, over the distance requirements for some of the temporary signs extending to the edge of the sidewalks and suggested that they should be twelve (12) inches away from the sidewalks. Council agreed to leave the Issue to the discretion of the Building Official. A motion was made by Mr. Petsos and seconded by Ms. Walsh To Approve Resolution No. 2009-25; Suspending Temporary On -Premises Sign Code Provisions and Related Permit Fees. The vote on the motion carri=ed 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 7. Motion to Approve: Resolution No. 2009-23; Supporting and Endorsing the Principles of Home Rule. Attorney Garganese read Resolution No. 2009-23 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA. SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE CITY OF CAPE CANAVERAL SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS JURSIDICTION; FURTHER PROVIDING THAT SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING FOR THE REPEAL OF City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 8 of 14 PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Attorney Garganese clarified this is a non-binding resolution that states the policy of the City Council and, if approved, will be transmitted to the Brevard County Commissioners as they are currently going through Charter Review. He explained this promotes municipal home rule; that in the event there is a conflict between the Brevard County Charter and a municipal ordinance or rule, the City's rule would prevail unless approved by a majority of the electorate within the County and the majority of the electorate within the affected municipality or municipalities. Mr. Boucher responded to Ms. Roberts that this is a similar resolution that other cities are using and explained that the Florida League of Cities (FLOC) has hired a consultant that is going to bird dog the Charter Review process and this is one of the first items the consultant recommended that cities individually adopt. Attorney Garganese responded to an audience member that Municipal Home Rule stems from the State of Florida Constitution and was adopted decades ago; the general principle is that cities have home rule unless expressly prohibited by Law. He further explained that Charter Counties have adopted Charter Provisions to usurp municipal home rule authority within municipal boundaries; this has become a very prevalent issue in the last five years. If the voters agree that the County should have that authority, than the County will have that authority within the specific City that allowed it. Discussion followed. A motion was made by Ms. Roberts and seconded by Mr. ilPetsos To Approve Resolution No. 2009-23; Supporting and Endorsing the Principles of Home Rule. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, °For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Approve: Second Amendment to the Library Lease Agreement. Mayor Randels read the items in the agreement. Ms. Walsh inquired about the meaning of the statement und=er Section 2, "within the Cape Canaveral Library, on a temporary basis, as a meeting room". Mayor Randels explained that the agreement is a temporary arrangement. Mr. Boucher confirmed that this is with the understanding that eventually the City Council Meeting Room will move back to a building in the City's Future Plan in 5 -10 years. Discussion took place on the City Meeting schedules, the Library hours, the AudioNisual and interior design planning of the Meeting Room and Brevard County Sheriff Commander Alan Moros' plans for renovation of the existing City Annex. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog To Approve the Second Amendment to the Library Lease Agreement. The vote on City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 9 of 14 the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearin 9. Motion to Approve: Ordinance No. 08-2009; Revising Chapter 82, Buildings and Building Regulations, related to Permit Fees. Attorney Garganese read Ordinance No. 08-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,. AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese explained that the Building Official is recommending changes in the Ordinance, if adopted: • No permits will be issued unless or until all permit fees and fines, established by the Council, have been paid in full. • With respect to amendments to permits, they will not be approved until additional fees are paid in fulll; • With respect to refunds, none will be issued after the expiration of thirty (30) calendar days to the date of issuance as stated on the permit; • With respect to administrative and plan review fees, those are not subject to refunds under any circumstances; and • Lastly, the Ordinance proposes there be a $100 dollar fine if the permit holder fails to obtain Final Approved Inspection for the permit prior to the permit expiration. Mr. Todd Morley, Building Official, explained that the $100 dollar fine will help the City's Code Enforcement and property owners in reference to the violations of work without a permit because the contractor should be held responsible in most cases. Mr. Morley requested to add the following language because there could be a case where a contractor, in good faith, has tried to close out a permit but the homeowner prevents it: At the end of Chapter 82-15(d) add: However, the building official may waive such fine and/or restriction for good cause shown. Discussion followed on the permitting process. Ms. Roberts suggested creating a flow chart, attaching documentation to the Ordinance and using a coding system to cross reference the forms that are involved. She also stressed the importance of identifying who the permit applicant is. Mr. Morley City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 10 of 14 agreed to add the information and look into adding a timeline as requested by Ms. Roberts. An audience member suggested requiring all Brevard County contractors be State certified or State registered. Attorney Garganese stated he would have to look into the matter. Mr. Morley additionally requested the effective date under Section 6 change to October 1, 2009 to coincide with Agenda Item number ten (10) re permit fee resolution. More discussion followed. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog To Approve the First Reading of Ordinance No. 08-2009; Revising Chapter 82, Buildings and Building Regulations, relating to Permit Fees, with the amendments and clarification. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 10. Motion to Approve: Resolution No. 2009-19; Permit Fees in Code of Ordinances. Attorney Garganese read Resolution No. 2009-19 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE SET FORTH tN APPENDIX B TO THE CAPE CANAVERAL CODE OF ORDINANCES FOR CHAPTER 82. BUILDING AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Attorney Garganese explained that the Building Official is proposing amendments to the building fee schedule which are attached to the resolution as Exhibit "A". Mr. Morley explained' the minimum permit fee is being raised adding $15 dollars to the base fee and each tier, Mr. Morley responded to Mayor Randels that this is to cover department costs and pointed to the cost analysis included in the agenda packet. Mr. Morley read the nine (9) changes referenced in his memo also included in the agenda packet. Discussion followed. Mr. Petsos questioned the time it would take a plans examiner to review a simple job like the installation of an additional circuit in a laundry room; he expressed his concern over increasing the fees for smaller jobs which may encourage some people to fly City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 11 of 14 under the radar without pulling permits; that is the reason why he is opposed to voting for this resolution; he supports the rest of the resolution. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog To Approve Resolution No. 2009-19; Amending the Existing Fee Schedule Set Forth in Appendix B to the Cape Canaveral Code of Ordinances for Chapter 82; Building and Building Regulations, Relating to Building Permit Fees, as Proposed. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 11. Summary of Senate Bill 360' Mr. Barry Brown, Planning and Development Director, explained Senate Bill 360, also known as the Community Renewal Act, was signed into law on June 1, 2009. In short the bill removes State Mandated Transportation Concurrency Requirements in certain designated areas that are known as Transportation Concurrency Exception Areas, (TCEA). The City of Cape Canaveral qualifies as a TCEA and as such has two (2) options: 1) Continue to apply the transportation concurrency provisions that are in the City's existing Comprehensive Plan and Land Development Regulations; or 2) Opt to no longer comply with State mandated requirements. Mr. Brown further explained that if a local government wishes to no longer comply with the requirements, it must amend its Comprehensive Plan and Land Development Regulations to delete such requirements. Until such time, the City isstill bound by the State Transportation Concurrency Requirements. Mr. Brown informed: • Of what happens after a TCEA becomes effective; • Explained there is a great deal of confusion throughout the State surrounding the interpretation of Senate gill 360; • Brought out that a lawsuit has been filed by eight (8) local governments challenging the constitutionality of the bill; • Informed that a mobility fee may replace the current transportation concurrency system because the State Legislature finds that the Transportation System has not adequately addressed the State's transportation needs. • That he asked Consultant, Joe Roviaro of Luke Engineering, to get back to the City about the options and ramifications of the bill to the City of Cape Canaveral. At this point in time, Mr. Brown recommends that the City keep the current Transportation Concurrency Requirements, and follow the evolution of the Bill. Attorney Garganese advised Council they may not want to take a wait and see approach in reference to other aspects of Senate Bill 360 such as Permit City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 12 of 14 Extensions. Ms. Roberts thanked Mr. Brown for his analysis and staff work. Council gave no direction on the issue. COUNCIL REPORTS: Ms. Joyce Hamilton, resident, commended the City Manager and his Staff for the all the hard work put into the Garbage Contract and the Audit. Ma or Randels • Mayor Randels inquired of his fellow council members whether they required three (3) different calendars for the City Council. Ms. Roberts expressed her desire for a twelve (12) month, Council driven calendar for strategic planning. Mr. Boucher suggested that going through the W.E.T. (Working Effectively Together) exercise will help Council come to consensus on how to move forward with such a calendar and other items. Discussion followed and Mr. Boucher requested that Council come to a consensus on this issue. Council agreed that one calendar is sufficient. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog ,presented that at the next Florida League of Cities (FLOC) Board Meeting there will be discussion on the cost of legally defending Municipal dome Rule for cities; this will be pro- rated based on the populace of each city. • Mayor Pro Tem Hoog offered transportation to anyone who wants to attend to the upcoming FLOC Conference on Thursday, Friday and Saturday. CouncilMember Petsos • Mr. Petsos requested authority of Council to have staff go forward in obtaining more information on installation of parking meters at the beach ends. He expressed his belief that a sticker system could be put in place Where the citizens of the City do not get charged. Council agreed. • Mr. Petsos stressed the importance of taking a stand on port gambling and addressing the pros and cons of the issue because it will be coming back again in the next legislative session. He requested that the City Manager put this issue on an upcoming City Council Meeting Agenda. Ms. Roberts conveyed her perception that the Canaveral Port Authority is not in favor of port gambling. • Mr. Petsos informed of an upcoming meeting next week between Commissioner Chuck Nelson, Representative Steve Crisafulli and the FDOT to discuss the City's turn -lane (signal) issue on A1A. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 13 of 14 Council Member Roberts • Ms. Robert brought up the City Manager's Self -Appraisal and Evaluation, covering the last two years, and suggested that the City Council conduct their independent appraisals with Mr. Boucher using his self -appraisal report and then schedule a Full Council Review in September. Mr. Boucher agreed to get his self - appraisal out to Council as soon as he can. Council agreed. • Ms. Roberts inquired about the status of the Apollo 11 Banners. Mr. Boucher responded that he would check on then. • Ms. Roberts inquired about the status of the Charter Review Committee, Mr. Boucher responded that appointment letters were sent out to all of the members and there will be a kick-off meeting when a new City Clerk hired. • Ms. Roberts inquired about the status on the hiring of a new City Clerk. Mr. Boucher informed the City received 137 resumes for the position. He will schedule a workshop meeting with Council to discuss the outsourcing of Human Resourcesbecause this will have an impact on the type of individualhe is going to hire for City Clerk. He said there are many talented individuals with many skill sets. Ms. Walsh inquired about the deadline calendar for the Charter Review Committee. Mr. Boucher indicated that calendar may not be able to be used now. • Ms. Roberts requested an update on Cheri Down Park. Mr. Boucher responded he would talk to Commissioner Nelson about that. • Ms. ;Roberts inquired abort the list of memberships Council might consider for the coming year. Mr. Boucher took note. • Ms. Roberts brought up the possibility of a commemorative plaque thanking the people who helped with replica of the Space Shuf#le. • Ms.. Roberts inquired about the W.E.T. exercise. Council requested more information. Mr. Boucher stated he would get the different options for the Council. • Ms. Roberts requested Council to consider talking about a Historical Preservation Review Board at the next City Council Meeting. Council Member Walsh • Ms. Walsh inquired about the liabilities of volunteers to working in the City. Mr. Boucher responded that he wants to double check with the City's insurance carrier about the training programs required to minimize any liability potentials. Attorney Garganese informed of legal requirements for background checks as well. Ms. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 2009 Page 14 of 14 Walsh opined that the benefit of having volunteers seems to be greater than the cost. • Ms. Walsh informed that she learned at the Institute of Elected Municipal Officials (ISMO) workshop that Council Members should not be attending quasi-judicial advisory board meetings. Attorney Garganese clarified there is no law that would prohibit council members from attending these board meetings, but it is advisable to not say anything or state your position if you do. He also advised that if a matter comes before the Council, you may want to disclose, on the record, that you were in attendance. He advised that Council needs to be cautious. • Ms. Walsh inquired of the status of the petition brought by some of the citizens about dredging the canal behind Manatee Sanctuary Park. Mr. Boucher responded that the Assistant Public Works Director, Jeff Ratliff, is working on the issue and he would follow up with him. • Ms. Walsh inquired about the electronic traffic signs. Mr. Boucher responded he is waiting on the recap on remaining impact fees, and he will put it on the agenda for whether Council wants to buy them. • Ms. Walsh brought up the Amtrak Passenger Rail and service to the East Coast of Florida. Mayor Randels stated he serves on the board and explained what the plan is. He clarified that the track will be west of U.S. 1' . • Ms. Walsh asked about putting recorded' audio of the minutes on the City's website.. Mr. Boucher responded that, at this time, the City is using proprietary software that is not formatted for that appaication. Mr. Boucher clarified that draft meeting minutes are posted on the City's website via the Agenda Packet. • Ms. Walsh expressed the meed to look at commercial water bills and the refunds of deposits for Condominium Associations in the City. Attorney Garganese advised Mr. Boucher to contact the City of Cocoa. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:07 P.M. Rocky Randels, MAYOR Mia Goforth, Acting Deputy City Clerk WHEREAS, the United States of America is a nation of immigrants, and WHEREAS, the contribution of immigrants to the defense of the Public Liberty has been above and beyond what the proportion of immigrants in the general population would indicate; and WHEREAS, John Barry, native of the County Wexford, Ireland volunteered his services and was commissioned a Captain in the Continental Navy on October 10, 1775, and soon afterwards in command of the Lexington, gave us one of our first victories at sea with the capture of the Royal Navy Sloop, Edward; and WHEREAS, Captain John Barry was principally responsible for organizing the crossing of the Delaware which led directly to Washington's great victory at Trenton during Christmas 1776; and WHEREAS, Captain John Barry, in command of the frigate Alliance, having successfully transported French gold to America to finance the War for Independence, also won the last sea battle of that war against the HMS Sybille on 10 March, 1783 off the coast of Florida; and WHEREAS, the United States, in Congress assembled, subsequent to our War for Independence, recognized Commodore John Barry as the premier American naval hero of the war, and WHEREAS, Captain John Barry organized the compulsory attendance of members of the Constitutional Convention in Philadelphia in 1787, thus insuring that Washington would have the quorum necessary to adopt the Constitution and recommend it to the States for ratification; and WHEREAS, when the United States Congress authorized the raising and construction of the United States Nary, it was to Captain John Barry that the Commander -in -Chief turned to build and lead our infant Nary. President George Washing on conferred, "Commission No. t", dated, June 14, 1794 upon Captain John Barry with the advice and consent of the United States Senate; and WHEREAS, it was Commodore John Barry who built and first commanded the United States Navy and the Squadron which included his flagship the USS United States and Old Ironsides, the USS Constitution; and WHEREAS, in recognition of the sentiments of Navy veterans, of Irish -American and of the patriotic population generally that our history be properly told. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, do hereby resolve in concert with and in representation of the other political leaders of the United States, do hereby proclaim the 13" day of September 2009 as COMMODORE JOHNBARRYDAY CIS H OF NS ea�ft��l�l� Honorable Rocky Randels Mayor Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Mayor Randels, 13 August 2009 I would like to take this opportunity to invite you to a very special celebration honoring our great Revolutionary War hero Commodore John Barry. The event will take place on Saturday 12 September 2009, at 11.00AM at his monument, Jetty Park, Cape Canaveral. Attending will be Captain James Kuzma, commander of the Naval Ordnance Test Unit, local dignitaries, including State Representatives, Mayors, and County Commissioners. High School Color Guards and various civic organizations will also participate. Local restaurants will provide refreshments. As you are aware Commodore John Barry, serial number one in the United States Navy fought the last battle of our War of Independence just off Cape Canaveral defeating and severely damaging three English war ships. If interested in attending, please notify either Colonel Patrick Keane at 777-6921 or Ed Kelly at 259-9820. The Ancient Order of Hibernians, Military Order of the Purple Heart, and the Naval Ordnance Test Unit is sponsoring this event. Respectfully yours, p (� k2c� Patrick J Keane Colonel USA (Ret) Barry Day Chairperson City of Cape Canaveral City Council Agenda Form City Council Meeting Date: September 1, 2009 i�e,29 /VO/ _ 3 eeeeeeea......... Subject: Consent Agenda: Resolution No. 2009-28 Reappointing Regular and Alternate Members to the Planning and Zoning Board, Department: Legislative Summary: Terms will expire 09-15-12 — .................... ..._..... Requested Council Action: ...... Board Reappointments of Ms. Beatrice McNeely, Dr. John Fredrickson, Mr. John Johanson and Mr. Ronald B. Friedman. Financial Impact: N/A Attachments:m.___ Q Supporting Documents Reviewed _ ............... Res. No. 2009-28; Four (4) Reappointment Letters. Submitting Department Hea+d:.r,_ Approved by City Manager: TV Date: City Council Action: AppWves mmended Disapproved' [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2009-28 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR AND ALTERNATE MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re -appoint regular and alternate members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Beatrice McNeely and John Fredrickson are hereby re -appointed as members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with terms to expire on September 15, 2012. SECTION 2. John Johanson and Ronald B. Friedman are hereby re -appointed as members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with terms to expire on September 15, 2012. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1 st day of September, 2009, Rocky Randels, MAYOR ATTEST: Name For Against Mia Goforth, Acting Deputy City Clerk Robert Hoog Buzz Petsos Rocky Randels Approved as to Form: Shannon Roberts Betty Walsh Anthony A. Garganese, City Attorney M's. Beatrice McNeely 435 Jefferson Avenue Cape Canaveral, FL 32920 Dear Ms. McNeely: City of Cape Canaveral Your term on the Planning and Zoning Board expires on September 15, 2009. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 1, 2009. Thank you. 1 DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. &�a° (Signature) Beatrice McNeely, ChairlYerson Sincerely, Mia Goforth Acting Deputy City Clerk 105 Polk Avenue • Posr Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com August 11, 2009 City of Cape Canaveral Dr. John Fredrickson 8716 Croton Court Cape Canaveral, FL 32920 Dear Dr. Fredrickson: Your term on the Planning and Zoning Board expires on September 15, 2009. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 1, 2009. Thank you. I DO wish to be considered for reappointment. DO NOT wish to be considered for reappointment. c -b� (Signature) J hn Fr edckson, Board Member Sincerely, a� Mia Goforth Acting Deputy City Clerk 105 Polls Avenue • Posc Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com Mr. John Johanson 607 Manatee Bay Drive Cape Canaveral, FL 32920 Dear Mr. Johanson: City of Cape Canaveral Your term on the Planning and Zoning Board expires on September 15, 2009. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 1, 2009. Thank you. >I DO wish to be considered for reappointment. I DO NOT wish to be considered for reappointment. 11 Y.c (Signature) hn Joh son, Board Member Sinoerely, 2 Mia Goforth Acting Deputy City Clerk 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 Nvww.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral al CAM "MVEWL August 13, 2009 Mr, Ronald B. Friedman 742 Bayside Drive, #405 Cape Canaveral, FL 32920 Dear Mr. Friedman: Your term on the Planning and Zoning Board expires on September 15, 2009. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 1, 2009. Thank you. AI DO wish to be considered for reappointment. O 1 DO NOT wish to be considered for reappointment. (Signature) Ronald B. Friedman, Board Member Sincerely, Mia Goforth Acting Deputy City Clerk 105 folk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • ema-il: ccapecanaveral@cfl.rr.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-01-09 Item No. Subject: Consent: Resolution No. 2009-29, Prioritizing the Intercity Rail Component of the FEC Corridor Project (From Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida Department: Legislative .............. ......................... Summary: Amtrak is reintroducing rail transit along Florida's east coast. Rail transit is a key component of improved mobility between cities and throughout the Florida's east coast. Improved mobility is highly desired in the City and will provide near-term jobs and economic stimulus for Florida's residents and businesses. Requested Council Action: City Council consider approval of Resolution No. 2009-29. Financial Impact: N/A Attachments: X Supporting Documents Reviewed Resolution No. 2009-09 ..............._------------- ................. Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ ] Approved as Recommended 11 ] (Disapproved [ ] Approved with Modifications [ } Tabled to Time Certain cape- nt*im\mydocuments%admin\counciKmeeting\20MOM 1-0912009-29.doc RESOLUTION 2009-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA. WHEREAS, the FEC corridor was historically operated as a passenger rail line along Florida's east coast, traversing or providing rail connections to urban areas like The City of Cape Canaveral; and WHEREAS, Florida's east coast historically developed around train stations along the FEC railroad; and WHEREAS, local governments and the private sector along Florida's east coast are currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, improved mobility is highly desired in The City of Cape Canaveral and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout the Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, Amtrak is well-suited to provide passenger rail service along Florida's east coast; and WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the Federal economic stimulus package to provide immediate and near-term job opportunities for projects; and WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an appropriate project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and WHEREAS, former work by Amtrak and FDOT includes plans for the improvements necessary to initiate Amtrak service on the FEC corridor; NOW THEREFORE BE IT RESOLVED THAT: THE CITY OF CAPE CANAVERAL supports the Intercity FEC Corridor Project and the reintroduction of passenger transit on the FEC Rail Corridor from Jacksonville to Miami, specifically in the form of Amtrak; and THE CITY OF CAPE CANAVERAL requests the assistance of Governor Crist and FDOT Secretary Kopelousos to prioritize the Amtrak/FEC Coiridor Project (from Jacksonville to Miami) as part of the Federal economic stimulus package for the State of Florida. The Chair thereupon declared the Resolution duly passed and adopted this day of 2009. ATTEST: Mia Goforth, Acting Deputy City Clerk Approved as to Form: Anthony A. Garganese, City Attorney K Rocky Randels, Mayor Name For Against Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Clerks Office From: Bennett Boucher [boucher-cape@cfl.rr.com) Sent: Wednesday, August 26, 2009 9:29 AM To: 'Clerks Office' Subject: FW: Amtrak Station - Cocoa Attachments: Amtrak - updated sample resolution in support - Amtrak on FEC1.doc Mia, Please prepare this for next week's agenda. Thanks, Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 868-1230 Fax (321) 868-1224 Web site - www.cityofcapecanave ral.or� From: Rocky Randels [mailto:rocky-cape@cfl.rr.com] Sent: Tuesday, August 25, 2009 6:25 PM To: Bennett Boucher Subject: FW: Amtrak Station - Cocoa Bennett, May we have this as a resolution on next agenda ? Rocky From: Mary Sharpe [ma iIto: msharpe@cocoafl.org] Sent: Tuesday, August 25, 2009 10:59 AM To: clerksoffice@cfl.rr.com; rocky-cape@cfl.rr.com Subject: Amtrak Station - Cocoa Attached is a sample resolution in support of Amtrak Service on the East Coast --Jacksonville to Miami. Titusville, Cocoa, and Melbourne have been selected for stations in Brevard, and we need the City of Cape Canaveral to show support of the project because Amtrak is more interested in making sure their stations are close to destination tourist towns. We did this years ago but couldn't get the railroad to agree. The railroad has new owners and they are good to go. Amtrak is ready, and we have the support of FDOT. Could you direct this to the appropriate person and ask them to please call me to discuss. The Treasure Coast Planning Council is the lead on this project, and we need to get our resolutions and letters of support to them by September 25. The proposal is due October 2. Given the fact that we are vulnerable to weather at this time of the year, we are asking that Cape Canaveral, Cocoa Beach, Rockledge, and Cocoa get this on their first council meeting in September. Thanks Mary Sharpe, Manager Economic Development City of Cocoa 321-433-8525 This electronic message is privileged and confidential material. This message is intended solely for the RESOLUTION 09- A RESOLUTION OF THE (NAME OF ORGANIZATIONI REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA WHEREAS, the FEC corridor was historically operated as a passenger rail line along Florida's east coast, traversing or providing rail connections to urban areas like (Coiunty/Cit, Jam; and WHEREAS, Florida's east coast historically developed around train stations along the FEC railroad; and WHEREAS, local governments and the private sector along Florida's east coast are currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, improved mobility is highly desired in (County/City/etc.) and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout the Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, Amtrak is well-suited to provide passenger rail service along Florida's east coast; and WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the Federal economic stimulus package to provide immediate and near-term job opportunities for projects; and WHEREAS, the Intercity FEC Corridor Project (JacksonvilleMiami) is an appropriate project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and WHEREAS, former work by Amtrak and FDOT includes plans for the improvements necessary to initiate Amtrak service on the FEC corridor; NOW THEREFORE BE IT RESOLVED THAT: (NAME OF ORGANIZATION) supports the Intercity FEC Corridor Project and the reintroduction of passenger transit on the FEC Rail Corridor from Jacksonville to Miami, specifically in the form of Amtrak; and (NAME OF ORGANIZATION) requests the assistance of Governor Crist and FDOT Secretary Kopelousos to prioritize the Amtrak/FEC Corridor Project (from Jacksonville to Miami) as pari of the Federal economic stimulus package for the State of Florida. The Chair thereupon declared the Resolution duly passed and adopted this day of 2009. r ..— ........ -- (Name) Cnairrman/Mayor Attest: (Name) Title 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/01/09 Item No. 5 Subject: Special Alcohol Exemption Permit Department: Parks & Recreation Summary: Applicant, Maria Killum, is seeking a special alcohol exemption permit for Manatee Park on September 5t' from 12:00 pm - 7:00 pm. She will be hosting a birthday party for no more than 50 people. Requested CouncilAction- mmmApprove permit Financial Impact: Rental 8, permit fees, if required. Attachments: o Supporting Documents Reviewed Submitting Department Head:J Date: Approved by City Manager: te: City Council Action:A ro d [ ] pp ve as Recommended [ ]Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Adopted: 9/l/08 CITY OF CAPE CANAVERAL, FLORIDA AN)LICATION FOR. SI1E,(*IAL ALCOHOL EXEMPTION PER -MIT Date: k— --Z i� — The applicant is requesting a special exemption permit to allow alcohol at the described event, as per Cape Canaveral Code, Article 111, Alcohol Possession & Consumption, Section 6-52 (b). VUW1Tiflc�­_ Organization: Address:�; � I o h E -Mail: Telephone! FAX: Local Contact: Title: Type of Event: zf�/ - �Pj - Location(s): Date(s): PA''e, r, S,2,0 f- S 7�b Time(s): 0 A,72 -- PERMIT PERM1T FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the particular request as required by the City of Cape Canaveral. kpplicajit Signature Date FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved pennit 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 ARTICLE III. POSSESSION AND CONSUMPTION Sec. 6-52. Parks and recreation areas. http://I ibrary8.rnunicode.com/default-test/DoeView/ 12642/ l/42/45#T... (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. (Code 1981, § 604.02, Ord, No. 9-94, § 1, 2-1-94) I of) 8/27/2009 9:34 AM City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-01-09 Item No. Subject: Consideration: School Resource Officer Agreement with the City of Cocoa Beach Department: Public Safety/Police Summary: This year's cost is $6,780.00 covering 307 or 22% of Cape Canaveral students attending the high school. Last year's cost was $5,730.00. Requested Council Action: City Council consider approval of the School Resource Officer Agreement with the City of Cocoa Beach in the amount of $6,780.00. Financial Impact: $6,780.00 Attachments -.XSu pporting Documents Reviewed City of Cocoa Beach cover letter; SRO Agreement Submitting Department Head: Date: Approved by City Manager: Date: C6.2 City Council Action: j ] Approved as Recommended [ ] Disapproved j ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUumUnydocumentsladmin\counciNneeting\2009109-01-091sro. doc Excellent Recreation and Quahy Living South Orlando Avenue / R0, Box 3224311 # Cocoa 'Beach, L 32932-2430 August 14, 2009 Andrea Bowers, City Treasurer City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Andrea, I have enclosed two signed, original copies of the School Resource Officer agreement for the 2009/2010 school year. Upon approval of the City of Cape Canaveral Council, please keep one original for your records and return an original to my attention at the following address: Pete Malzone Cocoa Beach Police Dept 1600 Minutemen Cswy Cocoa Beach, FL 32931 Thank you. Si Pete al one. SunDort Services Administrator Coco�,Wach Police Department (321) 868-3247 (321) 868-3385 fax pmalzone(a,cityofcocoabeach, co m Attachments Cc: file AGREEMENT THIS AGREEMENT, dated this day of �� 2009, by and between THE CITY of CAPE CANAVERAL, FLORIDA hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, FLORIDA, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School, and; WHEREAS, the program would cover a period of not more than 190 school year days; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following tenns, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The agreement will commence on August 10, 2009 and will terminate on May 21, 2010, unless further continued by mutual agreement of both parties. By July 1, 2010, CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2010-201 t school year. 2. CAPE CANAVERAL agrees to provide twenty percent (22%) of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. For the contract period of August 10, 2009 through May 21, 2010, CAPE CANAVERAL'S payment will be 56,780.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $3,390.00 according to the following schedule: February 2, 20J0, and June 2, 2010, subject to prorating based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Bryan D. Holmes, Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and II, which are attached hereto and, by reference, made pari hereof. 5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay Page 1 of S Revised 5/19/2009 resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terns and conditions set forth in this agreement must -be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the Scbool Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. TXarles OF COMA BEACH, FLORIDA B C City Manager ATTEST: By, Lorgadana Kalaghchy, C , City dlerk Approved as to form and Legal sufficiency By: Fowler & O'Quinn, City Attorney ATTACHMENTS: Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Officer Salary — 2008/2009 Cost Projection THE CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager ATTEST: By: Susan Stills, City Clerk Page 2 of 8 Revised 5/19/2009 EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen nights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO, and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed prior to the first day students arrive. Program evaluation will occur twice during the school year with a final report prepared on or before the last day of school for students. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. Page 3 of 3 Revised 5/19/2009 EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff From the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page 4 of S Rmsed 5/19/2009 C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's inunediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. Page 5 of 8 Rcvised 5/19/2009 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to m - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The principal may adjust an SRO's schedule and assign the SRO to duties after regular school hours, such as sponsoring extracurricular events, chaperoning field trips, or other school activities, so long as they do not conflict with police department policy, the bargaining agreement between the city and police officers, or result in overtime expenses charged to the police department or the District. These after-school activities will be under the supervision of school personnel. The District will not compensate the SRO in an overtime capacity. (This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required). 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., maksng referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. Page 6of8 Revised 5/19/2009 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, pareilts shall be notified and coordination made with the Principal. 21. The SRO shall submit bimonthly reports of activities to be reviewed by the Principal and SRO command staff. Overtime shall be approved in advance by the agency supervisor. Overtime shall be bome by the agency and NOT the District. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 1006.12 (School Resource Officer Program). Page 7of8 Revised x/19/2009 EXHIBIT III OFFICER SALARY - 2009/2010 COST PROJECTION Officer Kathy Stiles Annual Regular Salary @ 24.73 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% Pension - Police @ 31.1 % Social Security @ 6.2% Workers Compensation @ 7.68% SRO Annual Conference TOTAL COMPENSATION (Hourly wage based on 2080 hours) $37.83 $51,438 $2,176 $300 $286 $782 $16,767 $1,652 $4,141 $1,141 $78,683 Cost of SRO for 190 Days (190 Days * 8 hrs * 37.83) $57,499 Overtime (5% of 190 days = 76 hrs OT) $2,819 SRO Total for 190 Days $60,319 SCHOOL BOARD FUNDING (51.305% of SRO Cost for 190 Days less overtime) $29,500 COCOA BEACH & CAPE CANAVERAL FUNDING* $30,819 MUNICIPALITIES FUNDING City of Cocoa Beach (% of Cocoa Beach share of funding) City of Cape Canaveral (% of Cape Canaveral share of funding) 78.00% of $30,819 = $24,038 22.00% of $30,819 = $6,780 $30,819 "The Municipal cost sharing is based on total student enrollment for 2009/10 of 1388 students as of 6/09/09 per Cocoa Beach High School. The number of students residing in the City of Cape Canaveral is 307 or 22%. The amount indicated includes 76 hrs of overtime. Page 8of8 Revised 5/19/2009 Subject: Reconsideration: Resolution No. 2009-19, amending the existing fee schedule set forth in Appendix "B" for Chapter 82, Building and Building Regulations Department: Legislative Summary: Resolution No. 2009-19 was adopted by City Council on 08-04-09 with an effective date of 10-01-09. Requested Council Action: During the 08-18-09 Regular Meeting, City Council requested to reconsider the fee schedule within Resolution No. 2009-19. Financial Impact: __..._ To be determined m Attachments:)i Supporting DocumentsReviewed Resolution No. 2009-19 Submitting Department Head: Date: Approved by City Manager: Date: J;210 City Council Action: [ ] App &ed as -commended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-nt\kimVnydocuments\admin\oouncil\meeting\2009\09-01-09\2009-19.doc RESOLUTION NO. 2009-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE SET FORTH IN APPENDIX B TO THE CAPE CANAVERAL CODE OF ORDINANCES FOR CHAPTER 82. BUILDING AND BUILDING REGULATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Cityis granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise anypowerfor municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council has, in the interest of the health, safety, and welfare of its citizens, and in the furtherance of the requirements of Chapter 553, Florida Statutes, created the City's Building Department and authorized said department to review building plans, process building permits, conduct building inspections, and enforce building codes pursuant to the requirements of the Florida Building Code; and WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based on direct costs and reasonable indirect costs associated with review of building plans building inspections, re -inspections, and building permit processing; building code enforcement; and fire inspections associated with new construction; and WHEREAS, the building and pen -nit fee schedule may also include training costs associated with the enforcem:.nt of the Florida Building Code; and WHEREAS, the existing schedule of fees is no longer sufficient to offset the costs incurred by the City of Cape Canaveral; and WHEREAS, the City Council desires to update the building and permit fee schedule so that developers and property owners pay their fair share of the costs attributable to building plan review, buildingpernit processing, conducting building inspections, and enforcing building codes consistent with the requirements of the Florida Building Code; 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: City of Cape Canaveral Resolution No. 2009-19 Page l of 2 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 82. Buildings and Building Regulations. 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 82. Buildings and Building Regulations, as set forth in Exhibit "A." (underlined type indicates additions and stakes type indicates deletions). All other existing fees set forth in Appendix B not expressly repealed or modified herein shall remain in full force and effect. Section 3. Incorporation into Appendix B to the Code of Ordinances. The fee schedule set forth in Exhibit "A" 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 on October 1, 2009. RESOLVED by the City Council of the City of Cape Canaveral, Florida this 4th day of August, 2009 ATTEST: MIA G FORTH, Acti , eputy City Clerk Approves to legal form and sufficiency for the Ci -eCape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RAN ELS, Mayor City of Cape Canaveral Resolution No. 2009-19 Page 2 of 2 For Against Bob Hoog Second Buzz Petsos X Rocky Randels X C. Shannon Roberts Motion Betty Walsh X City of Cape Canaveral Resolution No. 2009-19 Page 2 of 2 EXHIBIT "A" Appendix B Schedule of Fees Chapter 82. Buildings and Building Regulations (A)Building Permit fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued: Permit fees by total valuation: Valuation Fee $500-00 „_ i. ssi No inspee�iefl F .•.•...... Ne fee arTpe 30,00 S500.00 to and ineluding $1,000.0 45.00 S 1,00 1.00 te end Lneluding S2,000-00- 60-00 $2.000 or less: $75.00 $2,001.00 to and including $20,000.00 $60.00 $75.00 for the first $2,000.00 and $5.00 for each additional $1,000 or fraction thereof to and including $20,000.00 $20,001.00 to $100,000.00 $150.00 $165.00 for the first $20,000.00 and $5.00 for each additional $1,000 or fraction thereof to and including $100,000.00 $100,001.00 to $500,000.00 $550.00 $565.00 for the first $100,000.00 and $4.00 for each additional $1,000 or fraction thereof to and including $500,000 $500,001.00 and up $2190. $2165.00 for the first $500,000.00 and $3.00 for each additional $1,000 or fraction thereof The total valuation for assessment of permit fees for new fesideFAial-eetmation structures shall be based on the latest valuation data published by the Sauthem Buil&ag . International Code Council (I.C.C.) For construction work not addressed in the latest valuation data Dublished by the I.C.C.. such valuation shall be based upon the actual construction contract price, with satisfactory evidence of same being submitted to the building official, or a construction cost estimate made by the building official, except as otherwise provided in this section. (B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the valuation of the proposed construction exceeds $1,000.00 and a plans and/or specifications are - s required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to % (one-half) the building permit fee. Such plan checking fee shall be in addition to the building permit fee. When the valuation of the proposed construction exceeds $500.001.00. a non- refundable plan review deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the anticipated plan review fee. When a dispute exists in the review of the plans and specifications for construction, the applicant may request a hearing before the construction board of adjustment. pw i.e., the Ssuthem Building Cede -C ess 1,4tefAa6ena4, lac. plaR r-etiem, seF,�iee, stFuetar-al engineer- ar !he eity engineer-. in that eN,ent, to r-esek'e a dispute be-tween the elty and the � .,1:. ant the ^et.,.�Le aster �)f_s,.eh ..hall be paid by the applicant .,r1.7 i .. .....i .1.....p�r��az�� clic � . fee, whether a building pefmit is issued er- fietA depesit of estiffiated c e est f6f: review fees shall be fequ4ed upeft r-eeeipt ef the applieation fey- a 444-paF�y (C) In addition to any fee or fees charged in subsections A and B. a fee set forth below shall be paid at the time the permit is issued. Note: Re -roofing. remodeling, alterations, additions and repairs permit fees shall be paid in accordance with subsections A and B only. Plumbing, new, residential, per bathroom $60.00 Plumbing, new, hotel/motel, per unit $60.00 Plumbing, new, commercial, per bathroom $60.00 Sewer tap inspection fee $60.00 Electrical, new, single family $100.00 Electrical, neve, multi -family, per unit $75.00 Electrical; new, hotel/motel, per unit $60.00 Electrical. new. commercial, per unit $60.00 Mechanical, new, residential, per unit $75.00 �.•...._.N,._. Mechanical, new, hoteUmotel, per unit $50.00 Mechanical. new. commercial. ner system $50.00 Well, deep or shallow $50.00 Moving of building $150.00 Demolition of building $100.00 (D) Other fees: Fire alarm permit Per valuation table "A" plus Fire Department fee calculation Fire sprinkler permit Per valuation table "A" plus Fire Department fee calculation Preliminary review of construction plans 25-00—$50.00 per hour or portion thereof Revie k o as4faet an plan revisions shall be eha: gee b $25.00 per 'A hour per heufeF pei4ien thereof at= ......... Permit Revision Fee. Minimum ''/z hour charee. Re -inspection fee - When extra inspection trips are X5-80 $45.00 necessary due to partial inspections, wrong address, second call on rejected or condemned work, additional work done after inspection has been made, or work not ready for inspection when called, a charge of $45.00 shall be paid in advance for each additional inspection or at the discretion of the building official on large projects prior to issuance of a Certificate of Occupancy or Completion. Certificate of Occupancy $50.00 Work started prior to issuance of permit l-`euble "e--~ ° Double Permit Fee Fee (ref. 104.7.2 (ref. building code adopted by Chapter 82 of this code Special Inspection (after-hours. weekend. holiday. $50 per hour arranged 2 days in advancel. Minimum 4 hour charge for weekends and holidays Final Inspeclion. Fine for failure to obtain a final $100.00 approved inspection for a permit before it expires. No further permits may be issued to any contractor or permit applicant with an outstandine fine or to any contractor with an expired permit due to failure to obtain a final ins ection. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-01-09 Item No. 8 ......_.. ........ Subject: Ordinance No. 10-2009, amending Chapter 2, Article II, Division 3, related to City Council Meetings Department: Legislative Summary: City Council directed staff to formalize the procedure for City Council meeting times. ........... _ Requested Council Action: _ ........._ City Council consider approval at first reading, Ordinance No. 10-2009. Financial Impact: N/A Attachments:,g Supporting Documents Reviewed Proposed Ordinance Submitting Department Head: Date: Approved by City Manager: Date: ;.. ._. _ .... ------------- City Council Action: Approved as 'Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUkimlmydocumentsladminlcounciMneeting12009109-01-09110-2009.com ORDINANCE NO. 10-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE I1, DIVISION 3 OF THE CITY CODE RELATED TO CITY COUNCIL MEETINGS; PROVIDING THAT REGULAR CITY COUNCIL MEETINGS MAY BEGIN PRIOR TO 7:00 P.M. ON AN AS - NEEDED BASIS; PROVIDING THAT CITY COUNCIL MEETINGS SHALL ADJOURN NO LATER THAN 10:00 P.M. UNLESS EXTENDED BY SUPER -MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FORTHE 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 VM. of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 2-56 of the City Code provides that regular City Council meetings shall begin at 7:00 p.m. on the first and third Tuesdays of each month; and WHEREAS, the City Council desires to amend section 2-56 to provide that City Council meetings may begin earlier than 7:00 p.m. on an as -needed basis; and WHEREAS, the City Council has a long-standing unwritten policy to adjourn City Council meetings at 10:00 p.m. unless otherwise extended by vole of the City Council; and WHEREAS, the City Council desires to formalize its 10:00 p.m. adjournment policy by amending section 2-69 of the City Code and to provide that City Council meetings may be extended by a super -majority vote of the City Council present; 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. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral Ordinance No. 10-2009 Page I of 3 City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeo. type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION 1f 1f 1f ARTICLE II. CITY COUNCIL x*� DIVISION 3. MEETINGS Sec. 2-56. Regular meetings. The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. The city council may, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by lave as a legal national holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be otherwise postponed, canceled or rescheduled only by motion adopted at a regular meeting by a majority vote of the city council. All regular meetings shall be held in the city hall annex or such other place as designated by a majority of the council in open session. Sec, 2-69. Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by super-maLQrity vote of the city council present at the time of adiournment required by this section. 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 orparragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Cape Canaveral Ordinance No. 10-2009 Page 2 of 3 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: SUSAN STILLS, 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. 10-2009 Page 3 of 3 Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: September 1, 2009 -. A,,17 Alo . 9 , Subject: Library Room Renovation N Department: Public Works Summary: The City of Cape Canaveral (City) will be renovating the Public Library Meeting Room in order to relocate the City Council Chambers to that location. The renovation activities include the following: • Item #1 ($725.00): Scrape, repair, and paint (two coats) walls, trim, and door jams — caulk where needed; • Item #2 ($5,927.85): Install new carpet (28 ounce, nylon mid -grade carpet for superior wear and high traffic); and • Item #3 ($854.00): Install partitioned alarm system (includes alarm panel, LCD keypads, cable, wire, etc.). Monitoring service will be an additional monthly charge. Requested Council Action: City staff recommends City Council approval of the proposed renovation activities at the Public Library. � of �& Financial Impact: Funds to be withdrawn from the Library Fund Reserves — total amount of $7,506.85 for Item Nos. 1-3; monitoring charges will be $24.95 per month ($299.40 per year). Attachments: X Supporting Documents Reviewed Submitting Department Head: Date: 8-2-'7-09' Approved by City Manager: Date: City Council Action: [ ] Approved.. .. as [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain LIBRARY RENOVATION FOR CITY COUNCIL CHAMBER PAINTING OF LIBRARY MEETING ROOM Scrape, repair and paint all walls, trim and door jams; caulk where needed. Gall Painting & Home Repair - $725.00 Wayne Keenan Painting - $925.00 Frank W. Dejose, LLC - $1,600.00 TDI (Theisen Development, Inc) - $2,700.00 (Please see attached copies of quotes) CARPETING OF LIBRARY MEETING ROOM Remove and dispose of old carpeting; install new carpet and new cove base. Discount Floor Store, Inc Choice #1 Philadelphia Commercial Premium brand —100% eco solution 28 oz. Nylon carpet - $5,927.85 Choice #2 Philadelphia Commercial —100% Perma Color Polypropylene 26 oz. carpet - $4,688.55 Purcell's Distributors, Inc Choice #1 20 oz. Level Loop Commercial carpet - $3,690.00 Choice #2 28 oz, mid grade Level Loop Commercial Carpet - $6,040.00 Choice #3 Heavy Duty Commercial (Top Grade) carpet tiles for Government Institutions - 10 270.00 Ocean Carpets Ltd., Inc Choice #1 20 oz. Olefin — "Winchester" Carpeting - $3,348.50 Choice #2 26 oz. Olefin — "Fairbanks" Carpeting - $4,324.50 Choice #3 28 oz. Solid Dyed Nylon Carpeting — "Treasure Island" - $6,520.50 Choice #4 Carpet Tile — Premium — "Sound Advice" - $8,184.50 (Please see attached quotes) PARTITIONED ALARM SYSTEM Install partitioned alarm system, program and train users. Advanced Detection Systems, Inc $854.86 (Monitoring service $24.95/month) *Camera monitoring - $2,465.00/camera World Electronics and Consulting, Inc $995.00 (Set up will be done in order to use current monitoring system already in place) *Camera monitoring - $3,500.00/camera Alarm Specialists $1,385.00 (Can set up with current monitoring system or if a separate monitoring system is needed cost is $25.00/month) *Camera monitoring - $2,600.00/camera City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-01-09 Item No. Subject: Discussion: 2009 Florida City Government Week Planning Department: Legislative Summary: Florida City Government Week is October 18-24, 2009. Requested Council Action: City Council plan for activities. See attached recommendations from the Florida League of Cities. _._.... _.................. .---............. _ _.......__ v Financial Impact: To be determined. Attachments: )(Supporting Documents Reviewed 10-21-08 City Council Minutes; FLC Information Submitting Department Head:..........Date: Approved by City Manager: Date: City Council Action: [ J Approved as Recommended [ ] Disapproved [ J Approved with Modifications [ J Tabled to Time Certain cape-ntllum\mydocumentsladmin\councf Nneetmg12009109-01-091govtweek.doc City of -Cape Canaveral„ Florida City Counclif ke—gu--15—rMpeting Minutes Page 12 of 12 DISCUSSION: 7. January 2009 "State of the City Report." Ms. Roberts requested a report from either the Mayor or the City Manager related to the City's Accomplishments for the previous year of 2008 and the City's planning forward for 2009. B. 2009 Florida City Government Week Planning. Ms. Roberts requested agreement from the Council to plan forward up to three meetings prior to the Florida City Government Week in order for Council Members to more fully participate. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:10 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK hitp://www.floridaIeab,ticofciiies.coirdPrint.aspx?CNTD=872 Florida City Government Week - Municipal Officials Celebrating Our Cities: October 18 - 24, 2009 City Government Week is part of an ongoing effort sponsored by the Florida League of Cities to raise public awareness about the services that cities perform and to educate the public on how city government works. Cities are encouraged to involve their local schools, businesses, chambers of commerce, media and civic clubs in planning City Government Week activities. Cities provide a higher level of service than most governments, are generally of Ate I rated higher by the public than any other level of government, and yet, many residents are unaware of how city services impact their lives. Through City Government Week, the League hopes to heighten the public's awareness of city government's role in enhancing the quality of life in communities. The 2008 Florida City Government Week packet included numerous ideas for celebrating the special week. It is included below for reference. The 2009 packet will he posted in late summer. A llst aatITIT tt e cl r, livities, mediaand I'I t , a sam�1 le Pres, r� le ase and a s��m� r s��l�i�t��t� were available for use. Additional resources include the My Ciry: I'm Part of It, I'm Proud of It! lesson booklet and the ABCs of City Government booklet. The Ivly City booklet provides city staff and teachers with one week of lessons and activities about city government. The ABCs booklet is an educational supplement for elementary teachers, grades 2 - 5. Hard copies of both booklets are available by contacting the Public Affairs Q artment. While we encourage cities to celebrate this important week (October 18 - 24, 2009), some cities choose to host their event during a different time in conjunction with another planned city holiday, festival or occasion. In planning your city's celebration of Florida City Government Week, be sure to keep the League informed. Please send copies of resolutions, photos, public relations materials and infonnation on your activities to the Public Relations Division, Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757, as these ideas may be used in future League publications. A sunvnary and evaluation of activities form may be downloaded to assist you in reporting on your city's activities. I of 1 8/26/2009 10:02 AM http://www.floridaleagueofcities.conn/Print.aspx?CNCD=873 Florida City Government - Week Suggested Activities Here's a list of suggested ways to celebrate the week, some of which can be ongoing activities: • Use the League's niodel booklet containing lessons and activities about city government. Share it with your local schools. AD • Use the Leagues ABCs booklct, an educational supplement for 47 elementary teachers, grades 2 5. Share it with your local schools. • Set up exhibits at local shopping malls with information on your city f rt 0 government and its services. • Sponsor a heritage day focusing on the history of the city and its government. This could be coordinated with a local historic group and include community workshops on selected historical city government events, buildings, parks, facilities and people. • Involve businesses, sorority and fraternal organizations. Offer to send a speaker to their meetings to discuss current city issues. Enlist their help in celebrating Florida City Government Week. • Contact your area Chamber of Convnerce, get them involved in the activities. Work on sponsoring a joint effort (i.e., downtown festival or parade celebrating Florida City Government Week). • Contact your local library, advise them of the week's activities. Ask if you can make available at their information desk details on celebrating Florida City Government Week. • lnitiate a good citizenship "merit badge" program in which younger citizens earn recognition for learning about city government and performing related public services. • Work with senior citizens groups to find innovative ways to involve seniors in city government. • Send speakers to senior citizen -related activities/events to tell them about the special week. • Sponsor an essay contest for city residents. • Offer tours of city hall and other city facilities. Stagger tours to allow for small group interaction with city staff. For school groups, limit the focus of the tour to one aspect of city government, work with teachers to prepare students in advance and plan follow-up activities. • Coordinate ongoing or new partnership programs with schools to stage something special during The week -- student "mock" city council meetings (election of a Junior "student -based" city council) or "mock" code enforcement hearings, shadowing of city officials and staff, guest speakers from city government addressing school groups, city government career day, recognition of students and teachers at a city council meeting, beautification projects at city sites, dedication of (or special events staged at) recreational facilities shared by cities and schools, recycling or environmental -related student activities, etc. • Get acquainted with local school personnel and encourage opportunities for integratvig city government into the school curriculum. For example, key city government terms and definitions could be supplied for use in English classes (many can be found in the teacher handbook; math classes could address the city budget or could be exposed to the computer technology used in all aspects of city government today; and, of course, there could be more integration of the local government curriculum into all the social studies classes (government, civics, history, geography, economics). This could lend itself to in-service training of teachers as to what resources and information on city government are available in their particular county; the development of localized teaching materials; more use of speakers from city government in the classroom; one-on-one mentor opportunities with city personnel; and "hands on" special class projects related to city government. • Plan a local recognition ceremony during Florida City Government Week for teachers using the lesson plans in the classroom. 1 of 2 8/26/2009 10:02 AM http://www. fl ori daleagueofcilies.com/Prinu.aspx?CMt=873 • Develop a teachers' packet from your city. Include such items as: a letter from the mayor or key official offering assistance in helping students learn about city government; a list of available speakers from city government; a list of resource materials available on city government; information on any special educational programs or services provided by your city (such as internships, mentor programs, etc.); and a "fact sheet" on the city government. • Add schools to city mailing lists and provide materials that give background information to teachers or would serve as a resource for students. This could include the city budget, organizational chart, copies of council meeting agendas, etc. • Provide teachers with a resource list of materials available from city government, including audio/visuals and publications. • Create a city government shadowing program for teachers and students. • Start a city newsletter for area schools to keep teachers and students up-to-date on city government activities and issues. • Develop a Speakers' Bureau of city officials and staff for area schools and civic groups. • Produce a slide show or videotape highlighting your city government and its services. • Fly your city government's flag at school sites and distribute copies of your city's logo. Encourage schools to study the significance of the flag and/or logo design. • Host a city "showcase or expo" with city departments staging special exhibits and demonstrations of their activities and equipment. • Create an "adopt -a -school" program. Various departments of city government could "adopt" a school, or department within the school, to share information and plan activities for students that would enhance learning about a particular aspect of city government. • Sponsor a school City Government Club to study community issues that involve municipal services and citizen participation in decision-making. • Provide students with information from your planning department on anticipated changes in your community and encourage them to create future scenarios for your city. These scenarios could be shared in class discussion with a representative from the city who can raise the various issues that would have to be considered (for example, having the available infrastructure, available revenues, environmental impacts and various interest groups), and how students and their parents might participate in shaping the future direction of the city. • Develop a workbook or coloring book for elementary school children covering city government issues. • Working in coordination with a middle or high school, create an advisory committee of students to study a particular city government issue of importance to teenagers (for example, recreation) and prepare a formal report with recommendations to council. Or, include student representation on an existing citizen committee, commission or board studying an issue of consequence to teens. Make a formal announcement of these appointments during Florida City Government Week. • Coordinate with different city departments to interact with or expand programs for school -aged youth. For example, after-school Recreation Department programs could be enhanced by informational programs on drug prevention, latch -key, bike safety, fire safety and related issues available through Police and Fire departments. • Sponsor a "creative" contest in conjunction with art, music and/or English teachers where students create an original piece of art (including photography), music, poetry, etc., focusing on some particular aspect of city government and its role as the "government closest to the people." • Sponsor a poster contest for area children related to a particular city government issue, e.g., recycling, water conservation, fire or police services, recreation and parks, transportation, planning, etc. This idea could also focus on careers in city government. • Host a competition to seek the best solution to a city government problem. Recognize students and teachers at city council meetings. 2 of 2 8/26/2009 10:02 AM