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Packet 05-05-2009 Regular
City of Cape Canaveral AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7:30 p.m. — 7:45 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. CONSENT AGENDA: 7.45 p.m. — 7:55 p.m. 1. City Council Regular Meetings Minutes of April 7, 2009 and April 21, 2009. 2. Motion to Approve: Resolution No. 2009-12, Appointing an Alternate Member to the Board of Adjustment, D. Raymond. 3. Motion to Approve: Resolution No. 2009-13, Appointing an Aftemate Member to the Recreation Board, D. Raymond. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 WWI*v.myflorida.com/cape • e-mail: ccapecanaveral@cn.rr.com t of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 2 of 2 4. Motion to Approve: Resolution No. 2009-14, Appointing a Regular Member to the Community Appearance Board. 5. Motion to Approve: Proclamation in Honor of National Public Works Week; May 17 through May 23, 2009. 6. Motion to Approve: Renewal of Contract for Additional Year of Service with Black's Spray Service: June 1, 2009 — May 21, 2010. CONSIDERATION: 7:55 p.m. — 8.•30 p.m. 7. Motion to Approve: Settlement Agreement at Mediation, City of Cape Canaveral v. Hans and Marianne Saurenmann. 8. Motion to Approve: Oral History Project Change Order in the amount of $12,000 DISCUSSION: 8:30 p.m. — 9:15 p.m. 9. Charter Review Committee. 10. Edward Byrne Memodal Justice Assistance Grant Program. 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 COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 7, 2009 7:00 PM ijj11►Ujd*? CALL TO ORDER: The Chair called the Meeting to Order at 7:02 P.M. Rnl I CAI I . Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Members Absent: Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Assistant Public Works Director Building Official Planning and Development Director PRESENTATION: Bob Hoog Rocky Randels Shannon Roberts Betty Walsh Buzz Petsos Bennett Boucher Anthony Garganese Susan Stills Waiter Bandish Jeff Ratliff Todd Morley Barry Brown 2009 Spring Beautification Award — Ray and Carmen Ortiz. Mr. Thomas Wheaton, Beautification Board Member, called on Mr. and Mrs. Ray and Carmen Ortiz, of 608 Manatee Bay Drive in recognition of the beautification effort shown on their property. Mr. Wheaton presented them with a plaque and a gift certificate. The Ortiz' thanked the Board for the recognition. Mayor Randels announced Trash Bash 2009 on April 181h from 8 A.M. to 12 Noon. All were invited to participate. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 2 of 19 BOARD INTERVIEWS: 7:05 p.m. — 7:15 p.m. Linda Brown and Leo Nicholas — Board of Adjustment Applicants. Mayor Randels called on Ms. Linda Brown. Ms. Brown affirmed that all of the information on her application was true and correct to the best of her knowledge. She informed that she also serves as an Alternate Member on the Library Board. Ms. Brown stated that she had visited the community since 1976. Ms. Roberts questioned why she chose this Board. Ms. Brown responded that she was previously interested; however, the Board was filled and a vacancy became available in 2009. Ms. Roberts asked if there were any improvements that Ms. Brown had in mind to undertake for the City. Ms. Brown responded that she appreciated the new stop lights and expressed the importance of community appearance. Ms. Brown pointed out how the new hotel and Burger King restaurant were also aesthetically pleasing. Ms. Walsh questioned Ms. Brown's previous involvement with a Zoning Board. Ms. Brown responded that she was involved in assisting someone with rezoning to obtain a beauty shop and working to retain a residential area against an incoming business in the State of Indiana. Mayor Randels informed her that a Resolution for her Board Appointment consideration would be on the next Regular City Council Meeting. Ms. Brown pointed out that the City Hall marquee was an effective tool in encouraging her in to apply for the Board. Mayor Pro Tem Hoog asked Ms. Brown what she perceived as changes for the City. Ms. Brown replied that she would like to see more restaurants, especially for those disembarking from the cruise lines for day trips. Mayor Randels called on Mr. Leo Nicholas. Mr. Nicholas affirmed that all of the information on his application was true and correct to the best of his knowledge. Mr, Nicholas affirmed that he had served on most of the City Boards except the Recreation and the Business and Cultural Development Board. He was also part of the initiating efforts for the Beautification Board. Mr. Nicholas responded that he desired to serve on the Planning and Zoning Board, however, if was full. He therefore chose the Board of Adjustment. He related that both of these Boards were related to the growth and development of the City and Mr. Nicholas stated that he was willing to serve. Mayor Randels thanked Mr. Nicholas for serving on City Boards and on the Council and Staff at one time or another. Mr. Nicholas pointed out that others who leave the City Council should also consider serving on the Boards subsequent to their term on the Council given their level of practical civic education. Mayor Randels informed him that a Resolution for his Board Appointment consideration would be on the next Regular City Council Meeting. REPORTS: 7:15 p, m. — 7:30 p. m. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 3 of 19 City Manager • Mr. Boucher informed that he attended the Special Library Board Meeting on April 2nd in which there were two main items of concern. First, he would place the County's proposal, which the Library Board recommended related to use of the Meeting Room on the City Council April 21 sc Agenda. Second, the Library was anticipated to incur a 20 percent Budget decrease to include: hours, closing one additional day per week, and Staff reductions. He encouraged the Council to lobby the Brevard County Commissioners related to the Library budget cuts. Ms. Walsh asked if they had considered keeping the Library open on a Saturday should the budget cuts occur. Mr. Boucher related that the Library Board was concerned with Saturday becoming the considered day of closing. The Board discussed the desire of the City choosing which day to cut. Ms. Roberts noted that City of Melbourne took the initiative on their Library hours and she noted that they also have Sunday hours. • Mr. Boucher related on the Waste Management, Inc. contract and informed that Mr. George Geletko has not been responsive up to now; however, Town of Indialantic and City of Satellite Beach were given renewal rates. He stated that he did not desire to prolong these intended discussion with Waste Management as the contract expiration was drawing near which would shorten the time for Bid proposal. Mayor Randels stated the need to exercise the option to Bid and Ms. Walsh reminded that Council discussed of bidding at the January of 2009. Mayor Randels stated that the four Council Member present desired by consensus to go out for Bid on the City's Solid Waste service. Ms. Roberts requested a draft of the Request for Bid package in order to ascertain what the City was seeking from a vendor. Mr. Boucher affirmed that he would present the draft Bid package to Council. • Mr. Boucher referred to the Board Appreciation dinner and informed that the City has an open day of May 300 at the Radisson Resort at the Port for $25.95 per person if the Council would like to choose this type of venue. Ms. Walsh suggested canvassing the Board for which type of dinner they preferred: a formal dinner or a casual barbeque. Ms. Roberts agreed. • Mr. Boucher informed of a request from an individual related to a bus stop near Ridgewood and Harrison Avenue which was removed. Mr. Boucher explained and Walsh clarified that the bus stop was not on the official route, but merely stopped at a Stop Sign. Mayor Randels explained that buses will pick up a passenger if flagged to do so. Mayor Pro Tem Hoog pointed out that many people use the bus route on Ridgewood Avenue to obtain beach access Ms. Roberts stated that unless the full Council desired to view this as an assessment opportunity, she suggested to leave the bus route as it is. Council Member agreed. • Mr. Boucher informed that he and Mr. Morley met with the Dispute Resolution consultant, Steve Rosenthal with much success. Mr. Boucher reported on Mr. Morley's sincerity in working through the process and providing the City Manager the assurances he needed to fully reinstate him. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 4 of 19 • Mr. Morley stated that the mediator was a wonderful tool for the City to use both now and in the future and infon-ned that the working relationship has been fully restored. Mayor Pro Tem Hoog personally commended the two parties for working together to resolve their differences. Mayor Randels thanked the City Clerk for finding the mediator. Mr. Boucher informed that Mr. Rosenthal would conduct a Team Building session with the Community Development Department. Mr. Morley informed that accreditation would become one of the Building Departments goals. STAFF Planning and Development Director • Ms. Roberts questioned why Ms. Lori Peppers name was not on the Visioning Committee list. Mr. Brown stated that he did not come away with the understanding to add Ms. Peppers to the list. Mr. Brown stated his clarification that City Council had agreed on the 17 people who had received two or more votes. Ms. Roberts stated that the Council had an acknowledgement that Ms. Peppers was in the audience and that she would represent the business interest. Ms. Roberts expressed her concern with the hurried nature of the end of the Meeting. She said that she understood, at least behaviorally, that the Council had agreed on Ms. Peppers. There was brief discussion about Adrienne Kessler but she would have been a unique suggestion; however, Ms. Peppers had expressed interest and the collective Council was not aware of it until the discussion that night. Mr. Brown restated that he did not have that understanding. His summary from the Council Meeting was to proceed with the 17 people with two or more votes. Ms. Roberts emphasized that Ms. Peppers had expressed an interest in serving. She stated that the process was hurried and no specific breakdown was performed on the 17 people chosen. Mayor Randels asked Mr. Brown to review his plan. Mr. Brown stated that the Council had the 17 people recommended to serve on the Citizens Visioning Committee. He reported that 13 agreed to serve; 2 declined to serve, and he was waiting to hear from two others. The First Organization Meeting of the Visioning Committee was scheduled for Tuesday, April 14th at 7 P.M. in the City Hall Annex. Mr. Brown stated that the committees' roles and responsibilities would be established, as well as distribution of various materials. Mr. Brown informed that he met with Shelle Lawton, of My Region.org and George Kinney, of the Regional Planning Council would be present. Following some opening words, there will be an introductory period among the committee and the facilitators, an explanation of the Visioning Committee's roles and responsibilities, some other relevant business. From that point, the Committee will be charged to contact as City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 5 of 19 many of their friends, coworkers and neighbors for involvement in the process. The Committee will be given media materials such as a flyer for distribution and an E-mail. Mr. Brown stated that he met that morning with Shelle Lawton and George Kinney to develop a marketing plan. Mr. Brown presented the three suggested dates for the First Community- wide Visioning Workshops for: Tuesday, May 12th, Wednesday, May 13th or Thursday, May 14th. At this point, the Radisson Conference Center was available for these meetings. Ms. Lawton and Mr. Phil Laurie would be available to facilitate and lead this meeting. Ms. Roberts reminded that the Hubble Space Launch was anticipated for the week of May 12th. Mayor Randels clarified that the purpose of the Visioning Committee was to obtain the people for input toward the decisions. Mr. Brown explained that one of their major responsibilities was to lead community support and attendance at the meetings. Mr. Brown informed that he would E-mail the Marketing Plan to the Council. He also informed that media venues include: print, radio and possibly direct mailings. Mayor Randels emphasized that these people would lead community support and the community would play an active part in the Visioning Sessions. Mr. Brown clarified that Mr. Laurie was the established facilitator. Mr. Brown explained that originally the plan in the Scope of Work was to meet once per month; however, they desired to contract the scope of meeting times in order to keep people engaged and moving forward and in the hope of completing the process by the fall. Mr. Brown stated that he was careful to use consistent language, saying that the Citizens Visioning Committee would meet next Tuesday, April 14`" and the first Community -wide Visioning Workshop was being suggested for May 12th, 13t", or 14th. Ms. Roberts reiterated her concern with scheduling the meeting during a launch week. Mr. Brown assured that he did not think a launch would hinder attendance. Mayor Pro Tem Hoog agreed to choose from the presented meeting dates. Ms. Roberts expressed disfavor with scheduling on the night of a launch and recommended May 14`h and not May 12'h. Mayor Pro Tem Hoog noted that Mr. Petsos was absent at tonight's meeting due to the Hubble. City Council by consensus established Thursday, May 14th as the date for the First Community -wide Visioning Workshop. Ms. Roberts, again, recommended adding Ms. Lori Peppers to the list. Mr. Brown requested consensus from the Council. There was no consensus spoken to add Ms. Peppers name to the Visioning Committee list. Mayor Pro Tem Hoog expressed his concern with Mr. Nicholas serving on the Board of Adjustment and the Visioning Committee saying that the Board of Adjustment would implement the Visioning concepts. He suggested that Mr. Nicholas serve City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 6 of 19 on one of the two Boards. Mayor Pro Tem Hoog made the distinction between serving on a quasi-judicial Board and an Advisory Board. Ms. Roberts suggested recusing himself from voting. After brief discussion, Mr. Nicholas requested to put his Board of Adjustment application in abeyance since he desired to serve primarily on the Visioning Committee. Mr. Brown informed that Mr. Tran was out of town; however, he still planned to speak with him. Ms. Roberts asked if adding one more would matter. Ms. Roberts requested more detailed information about these individuals such as. their titles, what category they fit in, and their contact information. Mr. Brown responded that on Tuesday night he would obtain more detailed information and he would be glad to convey that to the Council. Mr. Brown would keep in contact by E-mail with the City Council over the course of the next few weeks. Mr. Brown explained that the Radisson has flexibility in their Meeting Room use which could accommodate them based on the size of attendance. Ms. Roberts asked if Ms. Lawton would share the communication strategy on April 14th. Mr. Brown affirmed. Mr. Brown informed that Mr. David Schirtzinger printed out several web pages on Visioning from different cities which helped them to find the tag line, "Envision, Cape Canaveral, Our Community, Our Future" developed from the one used in Garland, Texas. Public Works Director • No report. Building Official • No report. City Clerk • No report. City Attorney • No report. Business & Cultural Development Board Report. • Ms. Marcum informed that four of their five Board Members were in attendance and voted on the barbeque for the City Board Member recognition. • Ms. Marcum referred to the City Council's comments on the business video and two to three changes. The video company submitted a $1,200 cost to process the editing changes.. Ms. Marcum stated that the goal of the Marketing Video was to attract the interest for businesses to invest and locate in the City, not a general perspective on Cape Canaveral. Ms. Marcum referred to the point of giving more emphasis to Kennedy Space Center in addition to Cape Canaveral Air Force Station and she highlighted that City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 7 of 19 the video's verbiage which mentioned that Cape Canaveral was a corridor between Kennedy Space Center and Patrick Air Force Base. She explained that this verbiage was chosen based on feedback from businesses who view the City's location as a major attraction near Kennedy Space Center and the Cape Canaveral Air Force Station. Ms. Marcum referred to the other change which related to depicting more retirees saying how the Board was attempting to attract business and retirement was not a point to attracting businesses. in conclusion, Ms. Marcum stated that the Board recommended that the video was well done and performs what it was intended to do. The Board found that expending the $1,200 was not a prudent or necessary expense as it did not add any incremental value. Ms. Marcum read the new verbiage planned for the City web site. Ms. Marcum stated her belief that the City Manager was in agreement not to expend the funds. Ms. Roberts suggested adding, and some universities, to the verbiage Ms. Marcum read. Ms. Roberts expressed her difference of opinion with the Board in not having Kennedy Space Center more prominently identified. Ms. Marcum agreed with using Florida Institute of Technology and the University of Central Florida. Ms. Roberts stated that businesses attracted to coming to the area were seeking the government agencies as being business customers. Ms. Marcum responded that she would attempt to include Ms. Roberts' recommendations in the introduction; however, the introduction would remain brief. Mayor Randels clarified the consensus of the Council for the Board to proceed with their new verbiage on the City web site related to the Marketing Video and not to expend any additional funds for editing. Ms. Roberts recommended, as a lesson learned, to present City Council with a status report prior to finalization. Ms. Marcum added that the Board agreed with this recommendation relative to the Marketing video. • Mr. John Anderson, former Chairperson of the Business and Cultural Development Board Chairperson, thanked the Council for the previous Joint Workshop Meeting with the Board. He then referred to a copy of the Redevelopment Plan cover, the Letter of Transmittal, and the Executive Summary of the Plan, Mr. Anderson stated the Board's purpose of coming before the Council to seek formal Approval of the Redevelopment Plan submitted on March 28, 2007. He highlighted the threefold purpose as:1 j to Establish the Implementation Schedule or Action Plan, 2) to Manage the Redevelopment Plan, and 3) to Approve the Release for a Business Survey which is stipulated in the Ordinance which regulates the Board. The Board also sought a Customer Satisfaction Survey to businesses in the community to rate how well City government responds to them as citizens of the City. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 8 of 19 Mr. Anderson also highlighted some background related the Plan and the Transmittal as: the process beginning in 2006, it was instituted as part of the Comprehensive Plan Adoption cycle. The Board began its plan for this cycle with a Survey conducted by Dr. James Wright, Social and Behavioral Sciences Department, of the University of Central Florida. The Board presented a draft to the Council deferring to the Council as the governing body for the Plan adoption. Mr. Anderson conveyed the Board's recommendation to approve the Plan and he stated how a Plan is flexible and subject to City Council's amendment. Mr. Anderson called Council's attention to the Executive Summary saying that the purpose of the Plan was to define an Ordinance which establishes their Board. Also, the entire Plan's format and language were established to coincide with the Florida Statutes and Brevard County Ordinances. Mr. Anderson stated that there were two Plan goals: 1) economic development and 2) quality of life and 13 objectives under which are Policies, or action statements, related to the two goals. The Board decided among themselves not to put any recommendations into the Plan unless it had unanimous support. Mr. Anderson referred to the page marked: Critical Success Factors. He informed that there were no action steps in the 1999 plan; therefore, it was actually a statement of Goals and Objectives. The Board decided that the Redevelopment Plan needed: specific tasks, schedules, responsible management and budgets. Mr. Anderson read the Board's proposed language for the Critical Success Factor section. Mr. Anderson explained how the completed Plan should be used by the City Council as an oversight tool to monitor implementation progress through quarterly reviews from the Staff and to compare Staff progress against what was in the Plan. The Plan's progress should then be used as performance measures for the City Manager and Department Heads in their annual Performance Appraisals. Mr. Anderson summarized that this would become a job description for Staff which could be measured month -by -month or quarter -by -quarter. Mr. Anderson pointed out that it has been two years since the Plan was submitted to the Council; however, there were still five years in which the City could use the Plan. In closing, Mr. Anderson expressed the Board's desire for the Council to take action and adopt the Plan although as Ms. Roberts had pointed out at the Board's last meeting, the Council could hold a Workshop for discussion purposes. Mayor Randels thanked Mr. Anderson and the Board for their work and pointed out the Board's desire for the City Council to take expeditious action. Mr. Anderson clarified that the Council would adopt the Plan to include the requirement for an Implementation Action Plan and Staff would be tasked to develop that Action Plan and return to the City Council for its approval. Mayor Randels clarified the two segments related to this issue as: 1) to City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 9 of 19 formally adopt the Plan, and 2) to implement a timetable for the action steps within the Plan. Mr. Anderson informed that he was stepping away from the Board; however, not due to any frustration with the Board. He expressed, however, the Board's frustration in working on the Marketing Video and concluded that something was not right in the overall process. He concluded that, in the broadest sense, the issue was a governance and management issue. Mr. Anderson emphasized the importance of taking action on the Plan and for the Council to use the Plan to their advantage. Mr. Anderson thanked the Council and the Board for his time in service. Mr. Boucher explained that he held an extensive Redevelopment Workshop Meeting with the City Council on January 15, 2008 related to hiring the new position of Planning and Development Director. He stated that this was the Board's number one priority; however, the City Council did not desire to hire for the position at that time. Ms. Roberts stated that in April 2007 the Visioning Session with Leadership Brevard brought out some of the points mentioned in the Redevelopment Plan. She emphasized the need for a broader framework for the City's management structure. Ms. Roberts explained how there was no follow-up system in order to act on issues, for example, an Action Tracking system. Ms. Walsh recounted that the Planning and Development Director was hired and the Plan was completed; therefore, could the City Council proceed to the April 21ST City Council Meeting to adopt the Plan. Mr. Boucher informed that the Plan could not be adopted and submitted to Brevard County since three-quarters of the City was identified as a Community Redevelopment Agency [CRA] area. Mr. Anderson pointed out that this was placed in the document as a place marker for future Staff work. Mr. Boucher also pointed out that the data sets to determine which areas were eligible for a CRA would be established during the Visioning process. Mr. Anderson clarified for himself and the Board Members that what was said thus far was not personalized but an effort to move the City forward. He publicly apologized if he offended any person in the process. Mayor Pro Tem Hoog publicly expressed his appreciation for Mr. Anderson's work. Ms. Marcum asked if it were appropriate to give a copy of the Redevelopment Plan Executive Summary to Mr. Phil Laurien and Ms. Shelle Lawton. Council agreed. Ms. Walsh informed that the Redevelopment Plan was available on the City's web site. AUDIENCE TO BE HEARD: 7:30 p.m. — 7:45 p.m. Mr. Thomas Garboski, of Surf Drive, referred to the anticipated City Budget and asked if the City had any interest in curtailing the skyrocketing costs of health care and containing City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 10 of 19 the costs with Health Savings Accounts for the City employees' health care benefits. Mayor Randels stated that Ms. Stills sought the different types of benefits coverage. However, Mr. Garboski asserted that Ms. Stills had no incentive to seek cost savings given the City's fully -funded benefits plan. Mayor Randels responded that outside agencies have presented their benefits for selection . Mr. Garboski emphasized how the taxpayers were bearing the cost, however, of the City employees benefits and it was prudent to seek cost saving methods. Ms. Walsh explained how payroll deducted dollar amounts are set aside in an HSA for co- payments, deductibles and health related expenses and that these funds were portable now should the employee separate from service. Mr. Garboski stated that he would like to see an outside consultant to address this issue. The City Clerk responded that the Council was at liberty to have a broker look into an HSA since a Health Benefits Broker was already factored into City's the premiums and she strongly encouraged the Council to do. Mr. Garboski stated that the employees could set up to $5,000 and he stated that the City needed to investigate this concept. The City Clerk emphasized that Brokering fees were already factored into Health Benefits costs and the City could have someone perform its Brokering at no cost similar to the agent now working with the Fire Department. Mayor Randels clarified that small group eligibility was also a major factor in seeking benefits; however, City Council would investigate this possibility. CONSENT AGENDA: 7:45 p.m, — 7:50 p.m. 1. City Council Special Meeting Minutes of March 10, 2009. 2. City Council Regular Meeting Minutes of March 17, 2009. 3. City Council Special Meeting Minutes of March 20, 2009. 4. Proclamation in honor of Motorcycle Safety and Awareness Month. 5. Outdoor Entertainment Permit — March of Dimes. Ms. Roberts noted her suggested modifications to the Meeting Minutes. Ms. Walsh noted that the need for a time change to 5:00 P.M. in the March 10th and March 20th Meeting Minutes headings. Ms. Roberts suggested listing the Action Tracking Items at the end of the Meeting Minutes. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 with Modifications to the Minutes through Item No. 5. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 7:50 p.m. — 8:50 p.m. 6. 2009 Management Improvement Agenda. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 11 of 19 Ms. Roberts recalled that the Council had discussed in January a Legislative Agenda which was discussed and agreed on in February 2009, The Council had also agreed on scheduling a Management Improvement Item. Ms. Roberts highlighted some items: such a using Microsoft Project; which came up during the March 20th Special Meeting, Customer Service Standards, which indentify response times from the Departments, and Action Tracking of City Council items. Ms. Roberts clarified that items brought forth should include items agreed on collectively as well as those brought forth from each individual Council Member. Ms. Roberts stated that the Council had also discussed handling Human Resources [HR] processes differently to include updating the HR manual and HR practices. Ms. Roberts pointed out that it had come to her attention that, although the City Clerk had maintained HR as a collateral duty, there appeared to be a need for a more focused effort. Mayor Randels informed that he recognized a total of 218 City Council Action Tracking items. Ms. Walsh clarified that many of the items were completed; however, identifying their status was still needed. Ms. Roberts also expressed her concern with a management system for the City which permitted identifying the forms related to the City Ordinances. Ms. Roberts referred to the need for Performance and Customer Service Standards and she emphasized that the City needed to address these immediately. Ms. Walsh recommended out -sourcing HR related services such as: all payroll -related processing, creating and maintaining Personnel policies and procedures and insurance benefits assistance. The contract service would serve as the dedicated people to perform HR related tasks. Ms. Walsh recommended researching the possibility of obtaining an HR service. Ms. Roberts mentioned the City's challenge of an updated HR manual, to include modernized practices, and regular, meaningful Performance Reviews. She stated how these must be internally developed saying how a culture must develop from within the City that enables such an exchange of information. Ms. Roberts stated that external help could assist the City's HR, but not replace it. Ms. Walsh stated that Performance Reviews would still occur in-house; however, if an issue arose, confidential personnel would be available to assist with it. Ms. Walsh stated that this would also apply to insurance benefits review and selection. Ms. Roberts stated her concern with outsourcing the human relationship element of HR; however, she agreed with improving HR processes. Ms. Roberts said that she agreed with customization of processes, such as consulting with Steve Rosenthal for Dispute Resolution. Ms. Roberts also expressed that Staff needed to develop a City Management System which would include forms and clarified processes. Mayor Randels expressed that he too would like the City to implement an Action Tracking system. Ms. Roberts noted that the City was losing some of its important actions. He referred to the City Manager's new form which identified the City Council's choice of actions for each Agenda Item. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 12 of 19 Ms. Roberts clarified the following items as those for the Council to work on: Human Resources, Management Systems, and Action Tracking. Ms. Roberts also added the Master Calendar, Ms. Roberts explained the concept of, "Managing For Results," which permitted the Council to plan ahead for its desired results. Ms. Roberts pointed out that there was no assigned date as yet for the Goals and Objectives Meeting. Mr. Boucher responded that the Meeting was scheduled on the Master Calendar. However, Ms. Roberts clarified that she was seeking a Master Calendar for the City Council only. Ms. Walsh asked if Ms. Roberts desired to have City Council items removed from the overall Master Calendar. Ms. Roberts also pointed out that she did not yet see a calendar for the Budget. Ms. Roberts explained that if an action was identified to take place, she desired to see a date for that listed item. Ms. Roberts referred to the use of Microsoft Project and the anticipation of using it to track the City's work projects. Mr. Boucher stated that he would need to assess Administrative Support's skill sets before implementing a new software project; however, he had no problem seeking for what was being asked. Ms. Roberts emphasized the need for a City Council calendar in order to plan forward and identify what has been accomplished. Mr. Boucher asked for clarity on whether the Master calendar would include the Boards and the Council. Ms. Roberts asserted that the City Council needs a Master Calendar which would permit them to be action driven. Ms. Walsh explained how this would permit the City Council to address their specific items of concern. Ms. Roberts clarified how having the Calendar would assist Council in knowing the timelines related to taking action on each identified project. Ms. Roberts pointed out that defined plans were not disclosed for the Goals and Objectives Meeting. Ms. Roberts stated that the Goals and Objectives process was Staff driven in the previous year. Ms. Roberts stated that City Council was not yet invited to attend and no planning had taken place with the Council. She expressed that last year's Goals and Objectives Meeting was poorly executed. Mr. Boucher replied that he proceeded with what the City Council asked. Ms. Roberts stated that the Meeting did not include the Council's input and was Staff -centered. Mayor Pro Tem Hoog expressed his disfavor with Lead Brevard as facilitators in 2007 and expressed the difficulty of coordinating a meeting for everyone to attend. As a Point of Order, Mayor Randels clarified that the City Manager was directed to work on the 2009 City Council Master Calendar and identify dates. Ms. Roberts asked to know how the City planned to conduct this year's Goals and Objectives Meeting. Ms. Roberts, again, expressed her overall dissatisfaction with the 2008 Goals and Objectives Meeting. Ms. Roberts clarified the items for future City Council discussion as: Human Resources, Management Systems, Action Tracking, and the City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 13 of 19 City Council Master Calendar. Ms. Roberts noted the offensive nomenclature of calling the City Council actions, "parking lot issues" and requested to term them Council Management Initiatives. Mayor Randels pointed out that individual items of concern might not be the consensus of very member. Ms. Walsh stated how tracking items, however, permitted the Council prioritize the value of issues mentioned. Mr. Boucher stated that Staff was at times left to ascertain if an item was agreed on by consensus or not. Ms. Roberts replied that items may or may not be consensus items. She explained how if an item were raised by a Council Member as a matter of importance, then that Member does not ordinarily need to seek consensus in order for the City Manager to follow up on a resident's concern. She used Mayor Pro Tem issue with the lighting on Central Blvd. as an example. Ms. Roberts stated that these issues usually come out of City Council's Reports and noted that the Council had not reported for some time. In conclusion, the City Manager replied that he would work with Staff to obtain what the Council had requested related to the City Council Master Calendar and an Action Tracking System. Ms. Roberts added a Council Community Improvement Agenda as the third category of initiatives for Council's later consideration, to include for example, the Sidewalk Master Plan. 7. Ridgewood Avenue Streetscape Project; Stottler Stagg & Associates. Mr. Jeff Ratliff, Assistant Public Works Director, presented some cost savings ideas for City Council's approval or disapproval. Mr. John Pekar, City Engineer, presented the Ridgewood project with a consensus as follows: 1) getting people off the road, 2) retaining the sidewalk on the east side, 3) retaining the pedway on the west side, and 4) utilizing the right-of-way in the City's possession. Mr. Pekar explained how through the Plan's development they saw some things that could be shifted and as a result provide a cost saving. Mr. Pekar explained further how working on both sides of the roadway was one of the high cost, for example, removing the curb and gutter system which runs on both sides of the roadway, modifying sidewalks, and establishing the pedway on the west side. Mr. Pekar reminded that Brad Smith had provided landscape cost in the range of $150- 180,000 for slightly over one -mile to 15 blocks of Ridgewood Avenue. Mr. Pekar stated that he found some basic contractor cost per unit for removing curbs, repairing sidewalks, and building pedways. Not specifically for performing the job, but for a value relative value of the work. Mr. Pekar informed that the City was looking at approximately $2 million to perform the work depicted in the plans, for example moving the sidewalk and pedway and other demolition -type work. He informed that there was a substantial cost savings in performing some things such as: retaining the east side of the sidewalk, and possibly retaining the 4 -foot walk instead of installing the proposed 5 -foot sidewalk. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 14 of 19 They would probably install a raised curb, or an F -type curb which would provide safety spacing. They could also move the pedway closer to the actual curb section and this would allow them to use some of the base due to moving in about 8 -feet from the west side. This would result in a savings on materials. This would also reduce the impacts on condominiums and townhouses that have parking. This would keep their parking behind the pedway which would also result in a cost savings. He informed that this of a total savings of $4 -to -$500,000 by making that shift. From a hand -drawn depiction Mr. Pekar pointed to the east, or ocean side, the walkway, the raised curb and two -l1 -foot lane widths which were being done on Ocean Beach Boulevard in Cocoa Beach. He informed that moving the pedway right behind the curb this would permit more roadway, up to 51 -feet and still leave room for landscaping. He stated that this subtle shift would provide a cost savings. Mr. Pekar explained that the pedway would exist right behind the curb and the parking would occur inside of the right-of-way. For safety purposes, they would stripe the pedway. Mr. Pekar informed that he had lengthy discussion with Ms. Barbara Myers of the Brevard County Transportation and these were concepts similar to what they promote. Mr. Pekar stated that what he was recommending was a valued -engineering, cost - savings concept for the City in which the City could still achieve the objectives brought out in the Workshops by making these moves. Mr. Pekar informed that an example of the raised curb was Central Boulevard and North Atlantic Avenue. Mr. Pekar informed that this roadway, from a financing standpoint, might come under State and Federal guidelines and for that type of grant certain safety standards would be upheld. For a pedway without a raised curb to protect it, a 5 -foot escape lane from edge of pavement was required. However, with a raised curb, the pedway could abut the curb. Mr. Pekar explained that a sidewalk without a pedway would permit two choices., 1) 2 -feet of separation and the sidewalk without a curb, or 2) with a curb, the sidewalk would come flush. Mr. Pekar stated that he was still seeking options on the paver blocks and a pedway and the project would be Bid two ways. Lighting was also still in discussion at the four- way stops. Mr. Pekar replied to Mayor Randels that cost came into discussion during the review of what would occur on each side of the street. Mr. Pekar clarified that the pedway was strictly on the west side and sidewalk was strictly on the east side. The 4 -foot sidewalk would remain with minimal modification in poor rated sections of a few hundred feet which would be rebuilt. Mr. Pekar replied to Mayor Pro Tem Hoog that the F -curb would extend the length of the sidewalk at a cost of $10 per foot for 6,000 feet for the east side of the road. Mr. Pekar informed that the pedway would also be used by bicycles. Mr. Pekar also informed of a hardship possibly for one homeowner on Lincoln Avenue to rebuild the sidewalk. Ms. Roberts inquired about project landscaping. Mr. Pekar replied that plants would be installed in the back and not the front portion which would also provide City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 15 of 19 a screening for the residents. Mr. Pekar answered Mayor Randels' question of what guidance he was seeking to proceed to the next step which is to obtain Council's approval of the cost saving measures. He considered this a good point to stop and get clarification. Mayor Pro Tem Hoog brought up removing the two -feet of unsightly grass area and moving the pedway in farther west. Mr. Pekar responded that further shifting from center the crown was significant to drainage. Mr. Pekar then informed of the cost of $2,000 to repair 60 identified inlet curb tops. Ms. Roberts acknowledged residents from the Ridgewood Avenue area who might have questions. Mr. David Schirtzinger, of Surf Drive, asked why these cost saving ideas were not brought up before the City invested in the plan. Mr. Pekar responded that landscaping came first and then engineering review was the secondary component in the plan. Mr. Pekar explained that in engineering safety was reviewed first, then durability, then cost. Mr. Schirtzinger stated how knowing the anticipated cost first would assist the community in knowing how they wanted to proceed. Mr. Pekar said that public input also played a role in how plans would proceed. Mr. Schirtzinger responded that a presentation from the engineering firm in the beginning would have helped the community to better understand how these concepts fit into the overall plan. Ms. Roberts asked how Mr. Pekar planned to proceed. Mr. Pekar replied that if the City Council agreed with what he presented, the firm would complete the plans and adjust the pedway. He had informed the regulating agencies such as St. Johns' River Water Management District. Mr. Pekar brought out that coordination of funding, such as incorporating Grant funding, which might require more than one contract. He informed that the Federal contract would cover the paving and require a second contract for the hardscaping. Mr. Pekar also brought out the Davis -Bacon requirements for different types of wages and notices of advertising. Ms. Roberts inquired about the bus shelters. Mr. Pekar replied that no shelters were planned just benches and trash receptacles. Mr. Ratliff pointed that benches were located at Adams and Polk on Ridgewood Avenue. Ms. Roberts expressed her concern that the City was not advocating bus shelters. Ms. Roberts also brought up that limited lighting was a safety concern on Ridgewood Avenue. A brief discussion clarified that the ability to add lighting incrementally would exist; however, Federal Stimulus funding would only apply to paving. For clarification the pedway would accommodate both walkers and bicyclists. Mayor Randels concluded with the City Council's consensus for Stottler, Stagg and Associates to proceed with: 1) a raised, F -type curb, 2) installing up to 6 -foot sidewalk on the east side, and 3) eliminating 2 -feet of grass/dirt area. Ms. Walsh inquired about the number of parking spaces. Mr. Pekar replied 19 on the west side and some with multiple, large parking bays concluded that few parking spaces would be lost to the condominiums. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 16 of 19 A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Continue to 10:30 P.M. to Complete the Agenda. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 8:50 p.m. — 9:00 p.m. 8. Motion to Approve: Resolution No. 2009-07, Preliminary Replat of Caribbean Vistas Townhomes. Attorney Garganese read Resolution 2009-07 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "CARIBBEAN VISTAS TOWNHOMES"; AUTHORIZING THE MAYOR TO EXECUTE THE PRELIMINARY REPLAT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Brown identified the Lot in question for replatting. He informed that Lot 9 and 10 were currently combined to form on single-family lot. Mr. Brown identified the address at 8002 Poinsetta Avenue. He informed that the application desired to separate Lot 10 from Lot 9. Mr. Brown informed that all of Staff issues have been addressed and met Code for the size and minimum width of a townhome lot. Mayor Randels noted that the City Council adopted Resolution No. 2007-11 to re -plat the lot horizontally for four townhomes. Mayor Randels stated that this could be adopted contingent upon ascertaining if the previous re -platting was recorded with the County. Ms. Walsh noted that the Title Opinion was not recorded in any of the review documents. Ms. Roberts referred to townhome issues in the City related to parking and garages. She asked that Mr. Brown keep the City ahead and address these needs during the preliminary phases of any project. Ms. Roberts also pointed out how a lot was being constructed in small tracts of land. In conclusion, Mr. Boucher affirmed, based on the Property Appraiser's web site, that the previous re -plat was not recorded. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2009-07 for the Preliminary Replat of Caribbean Vistas Townhomes. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For CONSIDERATION: 9:00 p.m. — 9:45 p.m. 9. Selection of Color and Design for the North Atlantic Avenue and Central Boulevard Crosswalk. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 17 of 19 Mr, Bandish addressed the City Council related to the Board's color design choices. Mr. Bandish replied to Ms. Roberts question related to obtaining the fourth side of the crosswalk that Staff did not have the correct signage at this time. However, Staff would return at a later time to obtain the fourth segment of the crosswalk. A motion was made by Ms. Roberts and seconded by Ms. Walsh to Support the Beautification Board's Selection of Color and Design Choice No. 1 for the North Atlantic Avenue and Central Boulevard Crosswalk. 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. 10 Structural Engineering Fees for Central Canal Improvements. Mr. Ratliff informed that the St. Johns River Water Management Grant was rescinded; however, Staff desired to move forward with the flood control portion of the project being paid for with the City's Stormwater Funds. In order to redirect some of the stormwater, structural engineering would be required and Stottler, Stagg does not have this individual on their staff. Mayor Randels noted an anticipated cost of $125,000. Mr. Ratliff explained that the project included a new head wall, changing the stormwater pipes and installing a new manhole near the baffle box. Mr. Ratliff stated that the City could try to another St. John's grant next year. Mr. Ratliff clarified that the Plans were in progress for the infrastructure improvements and construction. Funds were budgeted for the larger project. Mayor Pro Tem Hoog expressed his concern with the funding aspect. Mayor Pro Tem Hoog emphasized the concern with depleting fund Stormwater Fund by performing these projects. Ms. Roberts pointed out the need to use the new Financial Impact section of the Agenda Report cover sheet to indicate how these projects would affect funding. Mr. Ratliff replied to Ms. Walsh's question on funding that St. Johns rescinded due to lack of funds. Mr. Ratliff affirmed for Ms. Roberts that this project and Ridgewood Avenue would deplete the Stormwater Funding by two-thirds. Ms. Roberts asked if Stormwater Funds were needed for North Atlantic Avenue. However, Mr. Ratliff replied that funds were relative to the Budget Year in which Council sought to take action. Mr. Nicholas referred to the parking on the north side and asked if the water could flow easily to the south side. Mr. Ratliff affirmed that stagnant water did appear at different times during the year, which was one of the reasons for addressing this issue. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve the Structural Engineering Fees for Central Canal Improvements in the Amount of $6,000. The vote on the motion carried 40 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 18 of 19 11. Annual Evaluation of the City Manager. Mayor Randels clarified that City Council members were actively working on the City Manager's written evaluations. Mayor Randels stated that he would like for the Council Members to give the City Manager a priority of goals. Ms. Roberts stated that the Council did not provide specific feedback in his 2007 Evaluation. Ms. Walsh explained that there was Summary sheet that would help to obtain a common ground in order for Council to decide on the City Manager's goals. Ms. Walsh requested to have Mr. Nicholas complete a performance review since he was on the Council through September 2008. Ms. Roberts clarified the City Manager's reviewing period as September 2007 through April 1, 2009. Mayor Randels stated that he was hoped to obtain four to five measurable goals. Ms. Roberts also brought out the need to establish a specified time to conduct the City Manager's annual Performance Review, for example, in January to coincide with the State of the City Report as September might be an awkward time. Ms. Roberts informed that she requested for the City Manager provide the Council with a self-evaluation related of his Performance areas. Ms. Roberts suggested that Mr. Boucher submit his self-evaluation to the Council by Friday, April 10th or Monday, April 13th. Mr. Boucher agreed. Ms. Roberts suggested that he submit a summary of his overall performance. Ms. Walsh also suggested including Mr. Boucher's self -appraisal with City Council's Appraisal form. Ms. Walsh then suggested upward feedback in a 360 degree from the Department Heads providing feedback on Mr. Boucher's management. Council agreed to conduct the City Manager's Evaluation at the first City Council Regular Meeting in May. Mr. Boucher agreed to attempt to find a 360 degree Performance feedback process. REPORTS: CITY COUNCIL Ms. Roberts recommended moving the City Council reports back to the beginning of the Meeting. Council Members did not take action to change the position of its Reporting. ADJOURNMENT: There being no further business, the Meeting was adjoumed at 10:40 P.M. Rocky Randels, MAYOR City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 7, 2009 Page 19 of 19 Susan Stills, CMC, CITY CLERK Susan Stills From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Monday, April 27, 2009 11:17 PM To: stills-cape@ctl.rr.com; Clerks Office Subject: Proposed Modifications: April 7, 2009 Council Minutes Susan and Mia, Please find below the suggested modifications to the April 7, 2009, Council Minutes. Many thanks for your help in documenting our proceedings. Please let me know if you have any questions or need anything else. All the best, Shannon Proposed Modifications to City Council Meeting Minutes, April 7, 2009 Page 2, 5th paragraph, line 6, "it was full" Page 3, 1 st paragraph, line 11, "the City of Melbourne Council" Page 3, 2nd paragraph, tine 2, "the Town of. . . " Page 3, 2nd paragraph, line 4, "intended discussions ... " Page 3. 2nd paragraph, line 7, "discussed bidding at a Council meeting in January 2009." Page 3, 2nd paragraph, line 8, "Council members present .. , . Page 3, 4th paragraph, line 3, "Ms. Walsh . . Page 3, 4th paragraph, line 6, "obtain beach access. " Page 3, 4th paragraph, line 8, "Council members agreed." Page 4, lst paragraph, line 7, "Building Department's .. " Page 4, 2nd paragraph, line 1, "Ms. Lori Peppers' ... " Page 4, 2nd paragraph, line 7, "hurried nature of the Visioning Committee nomination process at the end of the Council meeting." Page 4, 5th paragraph, line 4, "and that both would be present at the April 14th meeting." Page 4, 5th paragraph, line 6, "and some other ... " I Page 5, 1 st paragraph, fine 4. "Mr. Phil Laurien" Page 5, 3rd paragraph, line 1, "Mr. Laurien" Page 7, 5th paragraph, line 1 and 2, "former Chairperson ... " delete second "Chairperson" on line 2 Page 8, 1st paragraph, line 1, "related to the Plan. . ." Page 8, 2nd paragraph, line 4, "purpose of the plan was to comply with the ordinance which ... " Page 8, 2nd paragraph, line 8, "which are policies or action statements related to the two goals." Page 9, 2nd paragraph, line 5, "Ms. Roberts stated that in April 2007 during the City Council's Visioning Session with Leadership Brevard, the draft 2007 Redevelopment Plan was incorporated in the City Council's planning; however, no follow-through actions were ever taken ... no schedule, no action leads, etc." Page 9, 4th paragraph, line 7, (Confirmation is needed that the draft 2007 City Redevelopment Plan is on the City's web site.) Page 10, 5th paragraph, line 2, "noted the need for ... " Page 11, 1st paragraph, line 1, "in January 2009 Council Legislative Agenda" Page 11, 1st paragraph, line 3, "scheduling a 2009 Council Management Improvement Agenda" Page 11, 1st paragraph, line 4, "such as the City using Microsoft Project to plan and track projects, which came up during the .... " Page 11, 1st paragraph, line 5, "Customer Service Standards, which identify such desirable practices as standard response times to customers in each of the City's Departments; and, " Page 11, 3rd paragraph, line 4, "identifying the forms and processes related to ... " Page 12, 2nd paragraph, line 3, "Ms. Roberts said she would like to see a 2009 Council Master Calendar which managed for results by scheduling major strategic, legislative, management, and budget milestones and meetings, so Council could achieve its goals each year." Page 12, 3rd paragraph, line 4, "to plan forward and identify what needs to be accomplished each year." Page 12, 3rd paragraph, line 6, "the Council to be action and results driven." Page 13, 1 st paragraph, line 5, "to prioritize the value of. . . " Page 13, summary paragraph needed to document Council's consensus to adopt the following 2009 Management Improvement Agenda Iterns: Improved Human Resources Processes; Improved Management Systems; 2009 Council Master Calendar; and, the development of a Council Action Tracking System. Page 13, 5th paragraph, line 2, "high costs ... " Page 13, 6th paragraph, line 3, "for a value relative to the value of the work." 2 Page 14, 1st paragraph, line 6, "that this would result in a total savings of $4 - $500,000 ... " Page 14, 2nd paragraph, line 4, "behind the curb would permit more roadway .. " Page 14, 3rd paragraph, line 1, "had lengthy discussions" Page 14, 5th paragraph, line 2, "would be bid two ways" Page 17, 5th paragraph, line 1, "depleting the Stormwater Fund" Page 18, 1 st paragraph, line 5, "that there was a Summary Evaluation Sheet " Page 18, 2nd paragraph, line 2, "that he hoped to obtain four to five " Page 18, 2nd paragraph, line 5, "might be an awkward time to conduct an annual performance review, since it did not fall into a natural performance review period." Page 18, 3rd paragraph, line 1, "requested the City Manager to provide the Council with a self evaluation related to his performance areas." 3 City Council Meeting—April 7, 2009 7:00 PM Page 3—second bullet point Add is this section: Mayor Pro Tem Hoog stated that there are some provisions in the contract that he would like to see changed. In 7`' line in this bullet after "reminded that Council discussed "— replace the wording 'of bidding at the January of 2009' with "and agreed to go out to bid at the Jan 2009 Council Meeting, " Page 9 - second sentence in third paragraph should read: Ms. Walsh recounted that the Planning and Development Director was hired which was in the plan. Since the plan is complete could the City Council proceed to adopt the plan now or does it need to be put it on the April 21" City Council agenda for a motion. The next sentence should read: Mr. Boucher informed that the Plan could be adopted at the April 21 meeting since this was the discussion but it could not be submitted to Brevard County since ...... Page 10 — second Paragraph — the first sentence should read: Ms. Walsh clarified that the HSA Mr. Garboski is referring to is relatively new and not the older plan that has been around for years. She explained how the employer contributes dollars to the HAS for the employee and the employee can use the money toward Health Care related expenses like deductibles, co -pays and the premium for such plans is lower. Ms Walsh also states that these funds are portable and stay with the employee if they separate from service. Adding to the second sentence: After ....—this issue..... add "there is time to investigate this before the budget. Mr. Garboski stated that this should be looked into as it is a benefit for the city and the employee. The unused funds stay with the individual and can be invested. Page 11— 3'd paragraph — second sentence should read: Ms Walsh clarified that some of the items are complete and a status not the item is needed. Some are questions that need to be answered — for example, who last dredged the canal over at the Banana River? Who owns it? Page 11— 4`h paragraph — second sentence: Add ....." the 'leased employee' concept " which is ..... after the word recommended. Page 18 — 1" paragraph 4`h line - - add —'that she review the past City Managers Performance Reviews'— after the words " Ms. Walsh explained" ........... and before "that there was a Summary sheet ..etc... 3rd paragraph — last sentence : Change the "with" to "on the" . CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 21, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Recreation Director Robert Lefever Building Official Todd Morley Planning and Development Director Barry Brown BOARD INTERVIEWS: 7:05 p.m. — 7:15 p.m. Douglas Raymond — Recreation Board and Board of Adjustment Mr. Raymond affirmed that all of the information on his application was true and correct to the best of his ability. Mr. Raymond responded that it was an obligation for every community member to be involved. As for his qualifications, Mr. Raymond has three sons and he was involved in sports with them. Mr. Raymond stated that he has assisted with tennis on Thursdays and he has also been involved in baseball, basketball, and soccer. Ms. Roberts asked how long Mr. Raymond has lived in the City. He replied that they were part-time residents since 2004 and permanent residents since July 2008. Mr. Raymond responded that he has not gotten involved enough to make a comment on making improvements in the City at this time. Mayor Randels stated that a City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 2 of 18 Resolution to appoint Mr. Raymond to the Board would be on the next City Council Meeting on May 5th Joyce Kelley — Community Appearance Board Ms. Kelley affirmed that all of the information on her application was true and correct to the best of her ability. She stated that she has retired since applying for the Board. Ms. Kelley stated that she desired to utilize her free time with worthwhile activities. Ms. Kelley informed that she had vast experience in support of Federal employment that her Staff would adhere to compliance standards and she was also a Legal Secretary which required accuracy and attention to detail. Ms. Kelley replied to Ms. Walsh that she spoke with others on the Board and found that there was a need. Ms. Kelley replied to Ms. Roberts that she has lived in the City for about three years and she also replied that she was glad to see the improvements on North Atlantic Avenue. Mr. Petsos thanked her for the initiative to serve in the community. Ms, ,Kelly also serves on her Condominium Association Board. Mayor Randels stated that a Resolution to appoint her to the Board would be on the next City Councils' Meeting on May 5t"'. REPORTS: 7:15 p.m. — 7:30 p.m. City Manager • Mr. Boucher informed that the Fire Department received their Insurance Standards Office Public protection survey document this week. This will result in an annual ISO rating and possibly a figure reduction. Mr. Boucher also informed that the Fire Chief Dave Sargeant would seek a Grant to fund a fare house. In the meantime, he ,planned to refurbish the existing Fire House. Ms. Roberts inquired about the possibility of using the bank building. Mr. Petsos replied to fills. Roberts related to seeking Wachovia Bank, that they were not interested in relocating the bank. • Mr. Boucher forwarded an E-mail to City Council related to the Brevard County Charter Review Committee that will be formed as of June 1 St. A letter of request must be submitted to serve. The City Managers planned to lobby and ask the Space Coast League of Cities President to serve on that committee. • Mr. Boucher unformed that he was still working on the Solid Waste Agreement. He would keep the Council informed on how Winter Park fares with their conversion to Waste Pro, Inc. Ms. Roberts asked if the City Council would receive a copy of the draft Solid Waste Proposal. Mr. Boucher informed that the Bid Documents would be for a Level of Service. He informed that Winter Parte bid out many of their options, for example, once per week pick up service. However, this resulted in a minimal cost savings. Ms. Roberts asked for a management analysis of benefits of each of the approaches as they relate to Cape Canaveral. Attorney Garganese explained how preparing the Franchise Agreement, in the beginning, would allow for its inclusion in the Bid Documents. Mr. Petsos asked when the City Manager would disclose the City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 3 of 18 information he received from Waste Management, Inc. Mr. Boucher replied that at this time the offer was verbal. Mr. Boucher stated that Mr. George Geletko may attempt to contact the Council. Mayor Pro Tem Hoog stated that he did not think it ethical to communicate with Mr. Geletko, Govemmental Relations Representative, and he planned to excuse himself from being polled related to a Contract bid. Mr. Boucher reported that he and the Building Official had an upcoming mediation scheduled on Friday, April 240 in the Hans Saurenmann case. Mr. Boucher informed that he planned to schedule another Workshop on the Ridgewood Avenue project. He suggested the evenings of April 28'h, 29'h or the 30th. Ms. Roberts stated that she was seeking a Master Schedule related to some of the City projects, such as Ridgewood Avenue given that some of the residents have voiced that they would like to provide input. In response to Mr. Petsos' point of the previous community meetings, Ms. Roberts skated that some things that she was hearing related to the Ridgewood Avenue project were now deviating from what was originally presented. Mr. Petsos asked if the project was deviating due to the grant funding and that sidewalk safety was related, to using federal money, Mr. Petsos also requested to see the typical cross-section being put forward versus the original depicted on the storyboards. Mr. Petsos also expressed his concern with the possibility of continual repair of stormwater inlet tops. Mayor Pro Tem Hoog stated that he preferred to continue with the original plan. Mr. Petsos stated that the City had a good project which the community had bought into and now we were deviating from that plan. Mr. Petsos asked the City Manager to conduct some research related to the requirements obtaining the Grant funding. Mr, Boucher stated that he would return regarding .a Workshop Meeting. Ms. Roberts requested a schedule for Ridgewood Avenue and one for the Visioning Committee in order to assess the City's critical junctures. Mr,, Brown explained that he would use the anticipated information from the Florida Regional Planning Council to establish dates and would book those dates with the Radisson. Mr. Boucher informed that the Sister City of Vila do Bispo contacted him with an invitation for a Member of Council to visit. Mr. Boucher responded that he would notify them that such a visit was not possible at this time. STAFF Community Development Department • Mr. Brown informed that Tuesday, April 14th was the first meeting of the Visioning Committee. He conveyed that the facilitators were inspired by the City's Visioning Committee Members. Mr. John Porter was appointed the Chair of the Committee. The next Visioning Meeting would occur on Thursday, May 14th at 6:00 P.M. He would distribute a flyer to the Council. Mr. Brown stated that the challenge of inviting at least ten friends, neighbors and co-workers was extended to the Committee and to the Council as well. Mr. Petsos noted that there was no date on the Visioning Information and he used the Trash Bash City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 4 of 18 icon as an example for more efficient access purposes. Mayor Pro Tem Hoog requested to obtain an electronic sign for use. Mr. Brown stated that he planned to use the City Hall marquee to the fullest extent. Mr. Petsos suggested using the Library and Recreation marquees as well. Ms. Roberts recommended using the Radisson Resort at the Port's sign. Ms. Roberts requested a courtesy copy of what was given the Visioning Committee and biographical data on the Committee. Mr. Brown stated that he would provide Council and the Committee with any pertinent data subsequent to the Committee Meeting. City Clerk The City Clerk referred to a question that came up at the previous City Council Meeting and she introduced Mr. Dean Brombacher of Brombacher, Associates to the Council and asked him to explain his Health Benefits services and could answer any questions. Mr. Brombacher stated that he worked with the City in 2006 when he was affiliated with Health First; however, he had his own business and was willing to assist the City with quality health care at an affordable cost. Mr. Brombacher addressed the Health Savings Account question, Mr. Tom Garboski stated that he believed that Health Savings Accounts [HSA] were a quality alternative for all employees versus the existing health benefits package. Mr. Garboski questioned the cost benefits ratios between the existing health benefits and HSAs. Mr. Brombacher responded that what Mr. Garboski was referring to was a High-Qeductible Health Paan. Mr. Garboski related that he formerly worked in the Health Maintenance Organization industry. Mr. Brombacher addressed the positive of an HSA as money set aside in a tax - defer -red savings account and the negative was not that great of a disparity in the rates between the High -Deductible Plans and the City's existing Plan. Mr. Brombacher explained how paying the out-of-pocket expenses in a High - Deductible Plan worked. However, he did not see much savings in that arena. He informed that those in higher income brackets use this plan for the tax- deferred savings benefit. As an employer, the City could fund or not fund the Plan. However, there were limitations under the 2009 Internal Revenue Service index of $3,000 for an individual and $5,950 for a family and the money could be funded by the employee, employer, or both. Most employers were offering High -Deductibles as an alternative, but not a primary Plan. Mr. Brombacher stated that risk was the determinate. He stated that a group of high users increased the risks. Mr. Brombacher cautioned how a $1,200 individual deductible and $2,400 family deductible forces employees into that higher deductible which would mean all payments, including Prescription Drugs, would need to meet that deductible. He restated that a High Deductible Plan could be transitioned into the City's Plan Options. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 5 of 18 Ms. Walsh used the example of the $1,200 deductible saying that the City could set aside $100 per month. She stated that this money builds for the employee and it is portable should the employee separate from the City. Mr. Brombacher responded that on the employer side, what occurs when the $100 is set aside is actually a greater cost for the employer and few employers were contributing to HSAs anymore. Ms. Roberts stated that this was relative to the Human Resources Outsourcing and preferably finding a company that would provide one-stop services that would include Health Benefits, Retirement Benefits, etc. She stated that from a cost saving effectiveness standpoint the City would) seek a firm that would offer multiple Human Resource services and internal capability as well. Ms. Walsh referred to it as a Leased Employee concept. Mr. Brombacher responded that from the Leased Employee perspective, he found that education benefits the employee from the initial enrollment and at every annual enrollment session. Ms. Roberts stated that Staff would make a list of the Human Resource services that the City needs and seek who would be the appropriate service to, meet those needs. • Ms. Stills reported on the 2009 Board Appreciation that out of the 53 polled; 20 affirmed the Bar-B-Que, and 12 affirmed for the Formal Dinner. If the Council preferred to proceed with this, the Recreation Director would assist her in obtaining the Outdoor Entertainment Permit. There would also be a cash bar for the event scheduled for May 30th Staff, would seek refreshments from a City vendor. • Ms. Stills distributed information to the Council on Gov QA. This software, a Citiken Request Management system, is a next generation tool and would address some the City Council issues related to Customer Service Standards, Forms Improvement, creating a Forms repository for all Department forms, and the creation of a Master Calendar and a Council specific, or a sub -set, calendar. Ms. Stills replied to Ms, Roberts that there was zero cost for a conversion from the existing E -Better Place system and the company was offering a 20 percent discount frorn the City's current rate for E -Better Place. Ms. Stills reminded that software would require an Annual Maintenance cost which would need to be negotiated. • Ms. Stills reported) that the City has an opportunity to participate in the Emerge Program with Brevard Job Link. This Program would offer the 18-24 year-old participants an opportunity to work for six -weeks at no -cost to the City, Brevard Job Link was seeking 100 pledges from businesses across 16 industry categories. Ms. Stills informed that the internship would cover a six-week session from June 14th to August 14th. City Council welcomed this opportunity. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 6 of 18 City Attorney • Attorney Garganese reiterated that the City Manager would participate in the mediation in the Saurenmann case on Friday, April 24th. Business & Cultural Development Board Report • Ms. Roberts asked when the Board would return with feedback related to the Lobbying Services. Ms. Marcum reported that the Fact -Finding Committee planned to review two or three lobbyist firms and compare them, and then return to the Council. Ms. Marcum stated that each would be asked specific questions related to the value that they planned to add to the City through their services. AUDIENCE TO BE HEARD: 7:30 p.m. — 7:45 p.m. Mr. Dennis Thompson informed that he was a guest of Mr, Ray Osborne as part of his Historical Committee. Mr. Thompson announced that he is the President of the Propeller Club, chartered for 10 years, in support of the Maritime industry. The group meets at the Port, at Fish Lips, on the first Wednesday of the month at Noon. State Representative Steve Crisifulli was planned to speak on May 6'". Mr. Thompson also informed that he has been an insurance professional for 35 years. He also participated in the City's 2001 Health Benefits Proposal process and there was a formal process for brokering services. Mr. Thompson stated that the City needed a broker and the cost was already factored into the premium cost. He stated that he, too, was available to assist with employee health benefits and asked the Council to please consider him also. Mr, Ray Osborne, of Holman Road, distributed a green paper related to developing a Historical Committee. Mr. Osborne read from the February 3`d Meeting Minutes related to him organizing a Historical Committee for the City of Cape Canaveral. He asked' the Council if there were any interest in having Ms. Roz Foster of the North Brevard Historical Foundation snake a presentation. Ms. Foster is knowledgeable in historic preservation. Ms. Foster could talk about the economic benefits of historic preservation and why Cape Canaveral is ripe for historic preservation. Ms. Foster would define historical preservation which includes; photographing, cataloging artifacts, setting up history exhibits, and then sharing what she has done in the City of Titusville, and its motto called, " Nature, History, and Space" and downtown Cocoa. Ms. Foster has many accomplishments and participated in documenting and implementing displays for the Harry T. and Harriett V. Moore Complex in Mims and she has much experience with Oral Histories. Mr. Osborne asked if she could speak to the Council on July 21 ". Ms. Roberts suggested planning farther than two weeks in advance, barring unforeseen circumstances, and plan to have Ms. Foster come and speak. Mayor Randels conveyed the consensus of the Council to City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 7 of 18 have Ms. Roz Foster make a presentation on July 21St. Ms. Marcum stated, however, that 15 minutes would prove a disservice if Ms. Foster was planned to speak given her vast level of experience. Mr. Osborne suggested a separate meeting to which Ms. Roberts recommended using the Library Meeting Room. CONSENT AGENDA: 7:45 p.m. — 7:55 p.m. 1. City Council Regular Meeting Minutes of April 7, 2009. 2. Motion to Approve: Resolution No. 2009-08,, Appointing a Regular Member to the Board of Adjustment, L. Brown. 3. Motion to Approve: Resolution No. 2009-09, Reappointing Regular Members to the Community Appearance Board, R. Wasserman; & K. Jensen. 4. Motion to Approve: Resolution No. 2009-10, Relating, to Funding for Public Schools (K-12); Urging the Florida Legislature to Minimize Cuts to Public Schools (K-12). 5. Motion to Approve: Outdoor Entertainment Permit American Legion Post 348, Mayor Randels requested an Add-O�n item for a Resolution to support funding for public schools which was supported by the School Board. Mayor Pro Tem Hoog noted minimal difference in the two Resolutions, (Discussion followed on whether or not the Council would consider the item, The motion established to address the Add -On in the Considerations portion of the Meeting. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos for an Add -On !Item to address Resolution No. 2009-12. The vote on the motion carried 5- 0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Vs, Roberts, For and, Ms. Walsh, For. Ms. Roberts requested to remove and postpone approving the April 170 Minutes from the Agenda until the next City Council Regular Meeting of May 50. Ms. Roberts and the City Clerk had discussed listening to a portion of the audio to ascertain if the Management Improvement Agenda Item was agreed on by consensus of the Council. Ms. Walsh stated that she submitted her corrections to the City Clerk, The Chair agreed to remove and postpone Item No. 1 until the May 5th City Council Regular Meeting. Mr. Lefever asked where the American Legion Post event would be held. Mayor Pro Tem Hoog replied from the Post location at 105 Lincoln Avenue to the Veterans Memorial Park. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 8 of 18 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 2 through Item No. 5. 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. CONSIDERATION: 7:55 p.m. — 8:35 p.m, 6. Motion to Adopt: Resolution No. 2009-11, Redevelopment Plan of the City of Cape Canaveral. Attorney Garganese read Resolution No. 2009-11 by title, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING THE REDEVELOPMENT PLAN OF THE CITY OF CAPE CANAVERAL, ATTACHED RERETO AS EXHIBIT "A"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels summarized that this was recommended by the Business and Cultural Development Board. Per the City Charter, the Redevelopment Plan was presented for City Council's adoption, and after adoption, there were the two remaining tasks of: 1) an implementation schedule, and 2) a survey of City businesses. Mr. Petsos requested discussion. Mr. Petsos stated that overall the Redevelopment Plan was beneficial; however, he expressed concern with the City being unable to implement some of the things in the Plan. Mr. Petsos referred to installing underground utility lines as an example and stated that there were things that the Council s1hoold discuss prior to adopting the Plan. Ms. Walsh presented the possibility of making - an amendment to the plan once adopted, establishing timeframes, and there amending it. Mayor Pro Tem Hoog stated that he preferred f to bold a Workshop for further discussion on the Plan. Mr. Petsos stated that he would prefer to adopt the plan with a timeline. Ms. Marcum expressed her favor with a Workshop in order to have time to discuss its implementation. She explained the Board's perception that they were outlining was directional Goals for the City. Each item was presented in its broad intent with suggestions on how those results would appear. Ms. Marcum stated, secondly, based on the 1999 Plan, the Plan would not tie the City to anything. Ms. Roberts stated that City Council did not have a Workshop or set up an implementation schedule for the 1999 Plan. Ms. Roberts read from Mr. John Anderson's cover letter that the Plan would serve as a road map and a road map was meant to be flexible. Ms. Roberts explained how Todd Peetz, former City Planner, used the same guiding principle for the Board of the Plan being used as a road map. Ms. Roberts explained further that Mr. Peetz informed the Board of the sequence of events related to the Comprehensive Plan and how the Redevelopment Plan was a part of the sequence of City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 9 of 18 events associated with the Comprehensive Plan. Mr. Boucher explained that the Council would need to amend the Plan, readopt it and then submit it to the County in order to obtain TIF money related to having a Community Redevelopment Agency. Ms. Marcum stated that, at this time, she was unsure of how adopting the Plan would obligate the City. Ms. Roberts restated that adoption without further discussion was done for the 1999 Plan. Ms. Marcum, again, stated that she did not understand how adopting the Plan was obligating the City. Mr. Nicholas asked if this was something for the Visioning Committee to address. Ms. Marcum stated that the Board was coached with the perception that the Plan was direction. Ms. Roberts stated that the 1999 Plan became a reference tool with little done by way of implementation. Ms. Roberts suggested changing the verbiage to say that the Council accepts the Plan instead of saying it adopts the Plan. Attorney Garganese stated that this Plan was not technically a Redevelopment Plan but a road map. He stated that it was not a binding legal obligation on the City. Attorney Garganese stated that the Redevelopment Plan did not go into the Comprehensive Plan; however, provisions could be included whenever the Comprehensive Plan was updated. Ms. Marcum agreed that the Board, too, did not think that the Redevelopment Plan went into the Comprehensive Plan, but a mandate by the City to influence the work of th Comprehensive Plan. Attorney Garganese stated that adopting of a Redevelopment Plan as it relates to a Community Redevelopment Agency is a specific document. Ms. Roberts related that the discussion with Todd Peetz brought out that Tallahassee views the Redevelopment Plan as the fundamental grounding for the municipality as it relates to our future work with the Comprehensive Plan. Ms. Roberts conveyed the City's Comprehensive Plan was lacking in terms of specifics. The road map would lead to specifics and when the City reaches the Community Redevelopment point, the City would at least have some guidelines from a community group that was established as part of its Charter to do so, M,s. Marcurn proposed that everyone on the Visioning Committee obtain a copy of the Redevelopment Plan in order to have the same road map in mind going forward to obtain the results of the visioning process. Attorney Garganese recommended using the nomenclature, "Redevelopment Guideliine." Ms. Marcum responded that the Board did not name the Plan; it was developed based on a legal document under the direction of the former City Planner, Ms. Roberts stated that if the Council would adopt the Plan, implementation steps and schedules could be added during a Workshop. Ms. Roberts suggested changing Council's action from "Adopt" to "Accept," but to take some action to remove the Plan from its Draft stage. She stated that this was a Board work product meant to benefit the City which took two years to come to this point and accepting, or adopting, it would convey respect to the Board's work and the significance it would play for the Visioning Committee and the Council. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 10 of 18 Mr. Petsos asked if there were some way of accepting this as a document from the Board without making it a Resolution. Attorney Garganese stated that Council could accept the Redevelopment Plan as the Board's work product similar to how they accept an Audit Report. Mr. Petsos stated that this would move the Plan from the Draft stage. Ms. Marcum stated that she desired to take some word back to the Board, saying that the work related to the City's Charter, it was not arbitrarily performed. Mayor Randels summarized that the requested action the City Council would take would be to accept the Business and Cultural Development Board's work product. Ms. Marcum requested that the Council accept it as complying with the Ordinance in order for the Board to (know that they have met its obligation. Mayor Randels clarified that this related to City Code Section 22-33. Mayor Randels suggested the language: "the City Council adepts the document of the Business and Cultural Development Board's; work product as complied with in Chapter 22, Section 33 of the Cape Canaveral Code of Ordinances," Ms. Roberts stated that the Plan was more than a work product and suggested the language, "to accept the Business and Cultural Development Board's Cape Canaveral's 2007 Redevelopment Plan in compliance with the Board's responsibilities back to the City Council." Mayor Randels asked if this could be tabled until langua=ge to accept it could be formulated. Attorney Garganese recommended the language: "for the City Council to Accept the Redevelopment Plan, from the Business and Cultural Development Board, in Accordance with Article II, Code Section 22-33, of Ordinance No. 12- 2003. Mr, Petsos suggested the verbiage, "as a Guideline", and Ms. Roberts suggested adding, Io the City Council and to the Visioning Committee. However, Council agreed not to add the verbiage Ms. Roberts' suggested. Ms. Roberts conveyed her concern that this Plan wouldbecome no more than a shelved document. Attorney Garganese stated that he gave examples as to why the plan was not binding given the external factors which would impact the implementation of some of the objectives in, the Plan. Mayor Randels used establishing a CRA as one example. Ms. Roberts stated that the City Council need's to understand the schematic and implementation of a Comprehensive Plan as it is developed and that has not yet occurred. Ms. Roberts stated that a schematic was needed from the City Planner to alleviate some of the existing confusion. Attorney Garganese stated that the recommended motion as: "for the City Council to Accept the 2007 Redevelopment Plan, from the Business and Cultural Development Board, in Accordance with Article II, Section 22-33, Ordinance No. 12-2003." He stated that there was some other suggested action items that the City Council would consider, for example, creating a CRA, which was substantial factor number one. External factor number one was having the Brevard County Commission seeking to take away all CRA TIF funding from the municipalities. Attorney Garganese cautioned that this would pose a critical impact on the success of establishing a CRA due to the County's position. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 11 of 18 Ms. Roberts stated that the Council owed the City and the Board an implementation schedule. Mr. Petsos stated that is the benefit of discussing the Plan in a Workshop Meeting prior to Adoption. Ms. Marcum brought out how the implementation schedule would become a map for how the Council prioritizes implementation. Mr. Petsos cautioned on approving the Plan and making changes afterward. Ms. Roberts questioned why the Council could not accept the Plan, and act on implementation through a Workshop. She said that Council would not expect the Board to rewrite the Plan. Mayor Pro Tem Hoog agreed with Mr. Petsos on not accepting the Plan and then amending it. He suggested a Workshop and removing, the portions of the Plan that could not be implemented. Ms, Roberts agreed with holding a Workshop; however, she expressed her disfavor with not accepting the Plan subsequent to two years of the Board's work. Mr. Petsos responded that lack of discussion was a disservice to the Board. Ms. Roberts expressed further that this was as an example of how the Council has difficulty addressing its actions. Ms. Walsh conveyed from the previous Council Minutes how Mr. Anderson stated how the Plan could be used for Coals and Objectives; as an oversight tool for monitoring implementation of progress; for quarterly reviews, for schedules; for accountability; for month -by -month and quarter -by -quarter reports and information. Ms. Walsh stated that she mentioned a Workshop and was told that the Plan had been a Draft for two years. Mayor Randels read the Introductory Purpose of Code Section 22-33 as: "The Business and Cultural Development Board shall have the purposes and duties to: (1) Prepare a Commercial Redevelopment Placa and submit the Plan for approval to the City Council." He stated that this was done in March 2007 and the Council should at this point take some action. Mr. Petsos responded that the Couunucil should have held a Workshop at that time. Mayor Randels stated that, as a second point, the Council had the option of directing and funding it.. Ms. Roberts asked what did the Council do in 1999. Mayor Randels stated that the Council action was a Motion to Adopt Resolution No. 2009-11 and he reread the title saying that the second park of the action was to direct and fund the Plan. Mr. Petsos responded that the Council ,could accept it and then hold a Workshop on it. Mr. Petsos stated that he did not want the Board to have the perception that the Council planned to implement every part of the, Plan subsequent to adoption. Ms. Marcum replied that it was not the Board's thought that the Council would implement every part of the Plan. Ms. Joyce Hamilton suggested the language: "for the City Council to Accept the work product of the Business and Cultural Development Board as a Road Map to the Implementation of a Redevelopment Plan for the City of Cape Canaveral per Article Il, Section 22-33, Ordinance No. 09-2003." City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 12 of 18 Attorney Garganese explained that this document was not a Redevelopment Plan. The Council assigned concept planning to the Business and Cultural Development Board to obtain guidelines for implementation. He explained further how some of the implementation processes would require different vehicles. Ms. Marcum stated that the Council was acknowledging that the Board fulfilled its obligation. Ms. Roberts stated that the City only had three more years before the Board had to perform this task again, She pointed out that the 1999 plan was a reference tool and the purpose of the 2007 Plan was to develop a more real and applicable document. Ms. Roberts stated that five years from now this would be a guideline tool for a future Council. A motion was made by Mr. Petsos and seconded by Mayor Randels to Accept the City of Cape Canaveral 2007 Redevelopment +Plan a$ prepared by Business and Cultural Development in Accordance with Article II, Section 22-33 for the City Council to Use as a Guideline. 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. The Council proceeded to schedule a Workshop to discuss the Redevelopment Pian. Mayor Randels inquired about Thursday, May 7th'. After brief discussion, City Council agreed on a Workshop Meeting for May 7th beginning at 5:30 P.M. to discuss the Redevelopment Plan, A motion was made by Mr. Petsos and seconded by Mr. Roberts to Schedule a Workshop Meeting, to Discuss the Redevelopment Plan. 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. 7. Motion to Approve: Second Quarter Financial Report and Transfers. Ms. Bowers informed that she had to reduce Revenues related to the Army Corps of Engineers property clean-up at the end of Long Point Road which was being postponed until the next fiscal year. Ms. Bowers reported that all of the State Revenue Shares have been reduced and she reduced interest projections. Ms. Bowers stated that if she had projections that she knew the City was not going to meet, of any material amount, and the City spends the money which counters that, there would not be money at the end of the year. If things change, she would increase it. Mayor Randels summarized that the City was reducing the anticipated revenue and expenses in the exact amount. Ms. Bowers stated that she also reduced General Insurance. She stated that Staff has tightened the Budget and this is the second time that she has had to cut State Revenues. Ms. Bowers reported on minimal Contingency funds in the General Fund. Mayor Randels acknowledged the $186,977 revenue cut with expenses cut likewise. Ms. Bowers reported that she moved some of the Cash Forwards to cover some of the budgeted Capital Expenditures that the City had budgeted. City of Cape Canaveral„ Florida City Council Regular Meeting Agenda April 21, 2009 Page 13 of 18 Mr. Petsos conveyed that the City was fortunate to retain its level of service and Staff. Mr. Petsos requested additional projections from Staff for the anticipated Goals and Objectives Meeting. Ms. Bowers cautioned on the seriousness of the economic times and to anticipate a difficult time ahead. Ms. Roberts asked to know who reports back to the City Council related to available Grant Funding as part of the Quarterly Reports. Ms. Bowers responded that her Grant Funding information related to when they were awarded. Ms. Bowers informed that recently a Grant was removed from the Stormwater Fund which was budgeted. Ms. Roberts requested a report, to compliment Ms. Bowers next report, of the Grants applied for and the eligible Stimulus funding. Ms. Bowers responded that she would be glad to furnish that information and include it in the report as well as status on the Grants that the City was awarded. Ms. Roberts stated that this would supply real time information. Ms. Walsh asked if the City Audit was completed'. Ms. ,Bowers replied that she requested a month's extension due to a Staff shortage in her Department. The Audit would be presented at the next City Council Meeting. Mayor Randels noted that as of April 15t, the City of Cape Canaveral would receive $'181,63 of local Stimulus money under the American Recovery and Reinvestment Act for the resurfacing of Ridgewood Avenue. This was the only Stimulus funding in the system to date. Mr. Boucher added that he had reported earlier in the meeting that the Fire Department was also seeking a Grant for a Fire House. Mr, Boucher stated that Staff would apprise the Council of what Grants were available Lander Federal funding. Mr. Boucher disclosed the frustration in some cities on the lack of Federal funds for Libraries, Community Centers, etc. Ms. Walsh asked, when the City perforins its Budgeting, if there were a Comprehensive multiple -year Plan to identify projects for which the City pursues grant funding. Mayor Randets replied that usually the Grants are not available years in advance. Ms. Walsh asked if the City had a multiple --year Master Plan in order to know which roads would be paved, so that when these Grants become available the City is ready to pursue that funding. Mr. Boucher responded that the City has a five-year capital improvement Plan. Ms. Roberts stated that the City does not, however, have a comprehensive Master Plan, for example, a Master sideway or street paving Plan. Ms. Bowers responded that Staff has performed a re -work of the Five -Year Capital Improvement Pian to include a Master Sidewalk Plan of which streets the Council desired to address each year. However, in the past the Council chose to go in a different direction of those plans. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem to Approve the Second Quarter Financial Report and Transfers. 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. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 14 of 18 DISCUSSION: 8:35 p.m. — 9:15 p.m. 8. Second Amendment to the Library Lease Agreement. Mayor Randels read the Board's List of recommendations into the record: Mr. Boucher distributed a letter from Mrs. Isabel Escapa listing areas of concerns. Ms. Roberts stated her concern from what was presented that the City Council would not be able to hold their regular meetings. Ms. Roberts questioned if the Council took predominance over the other meetings. Mayor Randels stated that this might have been based on the premise that the Library would be closed in the evenings. Mayor Randels responded whoever would take need of it first. Ms. Roberts explained how, taken literally, the City's regular meetings would be schedules; however, then the Library activities would be scheduled around those. Ms. Joanna Atwood stated that the Library Board also drafted a list of Concems and Considerations. She distributed a letter dated April 20°x', [Letter Attached] which she read into the record. Mayor Randels explained briefly that It was agreed upon by the Council and the City that the residents would assess themselves through an Ad Valorem Tax and buy the land and build the Library, if the County would` support operations. Mr. Boucher reported that the Councilcollected an estimated $680,000 from the Cape Canaveral taxpayers for the County -wide systems operations. Ms. Escapa stated that $448, 000 was the Operating Expense. Mr. Petsos stated that the City taxes were more than adequately covering the Library. Ms. Walsh stated that the City was a donor City and she stated that the City has to draft an Agreement to use a room in the Library that it owns. Ms. Roberts, following Ms. Walsh's logic, stated that the City had to Lease the use of the building that the City already owns. Mayor Pro Tem Hoog stated that the City was going to lose its Library because it was not large enough for the Library system. However, when the City attempted to build its Library, the County then showed an interest in including, it in its system. Mayor Pro Tem Hoog expressed his extreme disfavor with asking for permission to use a Room in a building that the City owns. Ms. Escapa responded to Mayor Randels that she anticipated a 20 percent Staff reduction, the loss of two Part-time positions, and a reduction in hours. She informed that the Cape Canaveral Library was considered small. The small Libraries would remain open 40 hours per week with consistent hours across the Board. She stated that the Library would be open on Thursdays until 8 P.M. Ms. Escapa stated that she planned to remain open on Thursdays evenings only because the Cocoa Beach Library was anticipated to be closed on that day. Ms. Escapa stated that in 1996, there was an expansion for which the County paid for 6,000 City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 15 of 18 additional square feet. Ms. Bowers informed that the City also paid for a portion of that expansion. Mayor Randels referred to Thursday evening opening for clarification and that this was the only night which might present a conflict between the City meetings and the Library patrons. Ms. Roberts clarified with Ms. Escapa that Saturday was one of the highest usage days and asked if the City would want to advocate having the Library open on that day. Ms. Escapa stated that up to this time, the plans have not been finalized. Mayor Randels asked her if she preferred to remain open on Saturday and if the Council could help, they would do so. Ms. Roberts questioned which day was the slowest. Ms. Jean Deck, a Library volunteer, informed that there was no slow day, She informed how people are using the Library to compensate for things that in these economic times, they cannot afford. Mayor Randels brought out as a Point of Order, that Thursdays might pose a conflict between City meetings and Library Board patrons.. Ms. Roberts stated that she would not like to, see the Council unable to hold a Workshop meeting. Ms. Walsh also pointedout the potential conflict between the Business and Cultural Development Board! and Library patrons on Wednesdays between 3 to 5 P.M. A motion was made by Mr. Petsos and seconded by !'Mayor Pro Tem Hoog to Extend the Meeting to 10:30 P.M. 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. Mr. Nicholas requested clarification on how the Sheriffs Office planned to use the Council Chambers. He stated that Law Enforcement anticipated a Grant to obtain equipment and he was told that Law Enforcement planned to create a Fitness Room of the existing Council Chambers. Ms. Walsh asked, if it comes to pass, how the Council planned to buy furniture subsequent to the anticipated relocation. Mayor Randels responded from tare 'Library Impact Funds.. Mir. Petsos referred to an item related to the cost for electricity. Ms. Escapa replied that a budget analyst developed a formula to prorate those costs. Ms. Deck also brought up the point of funding for the maintenance of the room. In conclusion, Mr. Petsos stated that he did not agree with paying a pro -rata share saying that the City was not only supplying the funds for the Library, the City was also supplying an additional $230,000 per year. Ms. Roberts asked if any other City owns its own Library to which Mayor Randels replied no. Council Members brought up the Add-on Resolution Item. However, the Chair chose to proceed to Item No. 9. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 16 of 18 9. Charter Review Committee. Ms. Roberts requested to postpone discussion on this item. Mr. Petsos asked if the City Council needed to come back with names for Committee Members. Ms. Walsh requested that Staff insert dates working backward from the Election for the Council to consider at the next Regular City Council Meeting. Ms. Walsh brought up placing a request for Charter Review Committee Members on the web site. Mr. Boucher replied that he could put the Resolution on the web site. Mr. Petsos brought up that the Resolution called for 10 people, but the Council could choose the number. Mr. Boucher stated that the meetings could be held once per month depending on the Committee's progress. Per City Council approval, Mr. Boucher would place the Resolution on the City web site seeking volunteers and he would also insert dates into the Resolution for City Council to discuss at the next meeting. Ms. Roberts expressed her concern with the origin of the Governor's intent to secure funding for the Brevard County Public Schools. Attorney Garganese informed that the intent was to use money from certain Trust Funds. After some brief deliberation, Mayor Randels withdrew his previous Motion for an Add -©n item. Mayor Randels presented the Add -On Item of Resolution No. 2009-15 which the Cape View Principal, Ms. Kelli Dufresne asked the Council to support. Ms. Roberts stated that there were some issues over the origin of the funding, She asked if it were a Trust Fund. Ms. Roberts stated that the purpose was outstanding; however, she had concern with the source of Governor's Crust's funding. Mayor Randels withdrew his Resolution. Mr. Petsos stated that the general Resolution that passed earlier was sufficient. Mayor Randels acknowledged Mr. Danny R; ngdahl who asked the City if they had revisited his presentation as it relates to an Assisted Living Facility on 7 to 8 acres of his Puerto def ,Rio property. He stated that he met with Mr. Brown; however, Mr. Brown needed to gauge the City Council's attitude either in support or opposition. Mr. Petsos stated that the discussion, closed with, too many open questions. Mayor Pro Tem Hoog expressed the concern citizens might have for the concept as well as the First Responders and Emergency Management concerns to evacuate this type of facility. Mr. Ringdahl stated how his critical issue was to obtain a density factor. He stated that he needed 30 -units per acre to construct this concept. He reiterated that the density factor was critical; however, Staff was willing to take this back to the Florida Department of Community Affairs to obtain a density factor. Mr. Petsos reminded of previous discussion in which Mr. Brown was going to discuss the density issue with the Florida Department of Community Affairs [DCA]. Mr. Brown reported that the DCA has a policy of no net increase on a barrier island. In order to obtain increase on a barrier island two things were needed: 1) a Master Redevelopment Plan, such as would come forth from the Visioning process, and 2) finding some densities to take away from some other properties and assigning them to this, City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 17 of 18 Mr. Brown informed Mr. Ringdahl that he could press forward and discover why the DCA has their policy and if it ever considered this specific use and other issues related, for example, impact on the water/ sewer system. However, for him to do that he needed to hear from the Council on the use and density they are willing to support and then he could engage. Mr. Petsos questioned why the developer could not proceed with those questions. Mr. Brown stated before he would proceed with negotiations with the developer, he needed to hear from the Council. Ms. Roberts expressed that this was a novel addition to, not only the City, but the broader community. Ms. Roberts expressed, from a personal standpoint that an Assisted Living Facility was needed on the coast and would contribute from the broader community. Ms. Roberts stated that Mr. Brown needed a sense of direction from the Council and to know if Council accepted the broader concept. Therefore, Mr. Brown needed to know if this concept was worth pursuing. Mr. Brown informed that a hotel was a commercial operation and an Assisted Living. Facility was a residential operation. Mr. Petsos expressed the concern that the residents in the surrounding area were informed of the intention. Mr. Nicholas stated that this would become an Amendment to the City's Zoning Code. Mr. Brown affirmed that Mr. Nicholas was correct and said that the City would need to amend the Zoning Code to allow for this use in the Zoning District. Mr. Dunn pointed out that this could result in spot zoning and he also pointed out that people in an Assisted Living Facility were subject to emergency transport unlike people staying in a hotel. Mr. Ringdahl infonnned that he has already conducts feasibility studies; however, he needs to have some sort of feel for what that density could be on a project. He asked for Council's approval to -charge Mr. Brown with finding what density was feasible. Mayor Fero Tem Moog questioned the importance of Mr. Ringdahl discovering the density ;number for himself that would work for him. Mr. Ringdahl stated that he needed 0; however, he would accept 29 or 28, but if the number were 15, he probably would not return to the Council. Ms. Roberts stated that this is what compels the City Council to give him their support although she was in favor of the project. Ms. Roberts suggested that Mir. Ringdahl solicit feedback from the neighboring community and bring that information back to the Council. Mr. Brown concluded the City was going through a Vision process and at that point the City has an opportunity to address various uses and their locations which would provide broader support more for than just that area. Mayor Randels reminded that the Visioning meeting would occur on May 14th at the Radisson. Mr. Ringdahl informed that he met with the residents of Puerto del Rio. However, he stated that he did not anticipate contacting the residents across the street from Puerto del Rio. Ms. Roberts suggested that he attend the May 10 meeting; however, it would not be an Agenda item but part of the audience participation. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 21, 2009 Page 18 of 18 REPORTS: 9:15 p.m. — 10:00 p.m, CITY COUNCIL Council Member Betty Walsh Council Member Shannon Roberts Council Member Buzz Petsos Mayor Pro Tem Bob Hoog Mayor Rocky Randels Due to the lateness of the hour, there were no reports from City Council. Ms. Roberts requested to have the City Council reports section, moved back to the beginning of the May 5t" City Council Meeting, Mr. Petsos asked the City Attorney if Council could forward their input. Attorney Garganese recomm=ended that Council Members prepare a written Summary of their intended Reports. Ms. Roberts expressed her concerns relating to the City Manager's Performance Review, however, Council Members needed a date certain in order to schedule individual meetings with him. Mr. Boucher responded that he would- work on the tasks related to his evaluation. Ms. Walsh asked if the Council could send their reports to the City Manager and copy one another. Attorney Garganese stated that something could be presented in writing; however, City Council Membe'rs could respond among one another about what was written. Ms. Roberts conveyed her frustrations that the Agenda Packets were distributed on Thursday before the Tuesday Meeting and that the Agenda was Staff driven, not Council driven, which was not right, Mr. Petsos recommended the E-mail approach first. Attorney Garganese recommended that the City Council Members forward all of their Summary Items to the City Manager. Ms. Walsh brought up Council holding specific Workshops to review the Action items and, obtain updates on their status. Mayor Randels recommended beginning one-hour earlier just for the Action Tracking items to which the Council Members agreed. ADJIGURNMENT: There being. no further business, the Chair adjourned at 10 40 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK City of Cape Canaveral City Council Agenda Form City Council Meeting Date: MAY 5, 2009 ............... ...... .............. Subject: Resolution No. 2009-12 appointing an Alternate Member to the Board of Adjustment Department: Legislative Summary: Term will expire on 10/01/2012 Requested Council Action: City Council consider the adoption of Resolution No. 2009-12, appointing Douglas Raymond as an Alternate Member of the Board of Adjustment. Financial Impact: N/A ................................................ ..._..... Attachments: xo Supporting Documents Reviewed Resolution No. 2009-12 Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ App- ed as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntNkimVnydocuments\adminlcounal\meeting\2009\05-05-09\2009-12.doc RESOLUTION NO. 2009-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT 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 Ordinance No. 11- 2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Douglas Raymond is hereby appointed as an Alternate member of the Board of Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1. 2012. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 5th day of May, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City Council Meeting Date: MAY 5, 2009 .............................. ......................... Subject: Resolution No. 2009-13 appointing an Alternate Member to the Recreation Board Department: Legislative Summary: Term will expire on 10/01/2012 ............................ Requested Council Action: City Council consider the adoption of Resolution No. 2009-13, appointing Douglas Raymond as an Alternate Member of the Recreation Board. Financial Impact: N/A Attachments: x❑ Supporting Documents Reviewed . . ............................... Resolution No. 2009-13 Submitting Department Head: Date: Approved by City Manager: Date: - ?0/0 City Council Action: [ proved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape -n t\k imlm ydocu m ents%adm tnlco u n c illm eeti n g12009105-05-0 912 009-13. d oc RESOLUTION NO. 2009-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Douqlas Raymond is hereby appointed as an Alternate member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2012. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5t" day of May, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney K:1CityClk\ResolutionslBOA RDS1Appointmentsl20091Recreation_Alt_Raymond.doc City of Cape Canaveral City Council Agenda Form City Council Meeting Date: MAY 5, 2009 Subject: Resolution No. 2009-14 appointing a Regular Member to the Community Appearance Board Department: Legislative ................................................................._.. Summary: Term will expire on 05/01/2012 Requested Council Action: City Council consider the adoption of Resolution No. 2009-14, appointing Joyce Kelley as a Regular Member of the Community Appearance Board. Financial Impact: N/A ...M ................... Attachments: x❑ Supporting Documents Reviewed Resolution No. 2009-14 ................ ........................... Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ ] proved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- nOkim\mydocumen ts\admiMoo unoRmeeting\2009\05-05-09\2009-14Aoc RESOLUTION NO. 2449-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE 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 Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Joyce Kelley is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2012. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of May, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding an informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel, who staff public works departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, Y, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 17 - 23, 2009 as National Public Works Week in the City of Cape Canaveral, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: May 5, 2009 St: Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch Renewal of Contract for Additional Year of Service June 1, 2009 — May 31, 2010 Department: Public Works, Summary: This contract was awarded to Blacks Spray Service ' (Black's) in 2008 for providing these services for the period June 1, 2008 through May 31, 2009. The services were publicly bid by the City in early -2008 — Black's was the low bidder. In general, the Public Works department is very pleased with the services provided by Black's. As stated in the contract between the City and Black's, the City may extend this contract on a year-to-year basis (not -to -exceed five years) with City Council approval. ...... Requested..� . _.. eeeeeeeee ....- .� � Council Action: Approve additional year of chemical services to Black's Spray Service — contract period will be for June 1, 2009 through May 31, 2010. Financial Impact: Black's is providing the same services as last year — at the same cost to the City of $33,980 (see attached e-mail correspondence). (Note: Last year's contract amount was initially $34,280 but selected services were not required.) The City is also adding the following service to the new contract at the request of the Recreation Department: six treatments (turf care) at Sandpiper Park ($60 per treatment x six events = $360). Therefore, the total contract amount for all services from June 1, 2009 through May 31, 2010 is $34,340. Attachments: p ;Supporting Documents Reviewed 1). E-mail correspondence. Submitting Depat Date: Approved by City Manager, a..,✓ Date: .......,, m. City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Jeff Ratliff From: blackspray [blackspray@bell south. net) Sent: Friday, April 17, 2009 12:08 PM To: 'Jeff Ratliff Subject: RE: Black's Spray Jeff, Our services for 06/01/09 thru 05/31/10 will remain at the same price of this year which is $ 33,980. I value your bus: -mess and am willing to absorb any cost increases on my side for next year. We are all tightening our belts. Please let me know when this goes before council. I would like to attend if possible. Regards, Carlos S Boyer President -----Original Message ----- From: Jeff RarI ff [mailto:jratliff-cape@cfl.rr.com] Sent: Thursday, April 16, 2009 9:05 AM To: blackspray@iDellsouth.net Cc: kaymc-c.zpe@cf1.rr.com Subject: RFS: Black's Spray Carlos: Please provide a "proposal" for another year of service to the City of Cape Canaveral. Thanks, Jeff Ratliff -----Original Message ----- From: Ed Lawson - Publ;i,,- Worksl [mailto:lawson-cape@cfl.rr.com] Sent: Thursday, April 16, 2009 8:33 AM To: Jeff Ratliff Subject: Black's Spray Jeff, Here is the email address for Carlos Boyer of Black's Spray Service. blackspray@bellsouth.net Respectfully, Ed Lawson Administrative Ass:i..stant City of Cape Canaveral Public Wor .s Depar�'ment 321-868-1240 321-868-12.3:3 fax t City of Cape Canaveral City Council Agenda Form City Council Meeting Date: MAY 5, 2009 Subject: Consideration: Approval of the Settlement Agreement at Mediation, City of Canaveral v. Hans and Marianne Saurenmann Department: City Attorney/City Manager/Building Official Summary: An all day mediation session was held on April 24th in the court case, City of Cape Canaveral v. Hans and Marianne Saurenmann, The issues being mediated are an enclosure, concrete pad, vacating a 10 -ft utility easement and the City's 20 -ft utility easement, all located within the Saurenmann's residence at 349 Coral Drive, Cape Canaveral. Participants representing the City were City Manager Bennett Boucher, Building Official Todd Morley, Assistant City Attorney Debra Nutcher and Litigation Specialist with the Florida League of Cities, Carol Hamrick. The Saurenmann's were represented by Attorney Burton Green. The mediator was Mark S. Walker. Requested Council Action: City Council consider approval of the attached Settlement Agreement at Mediation, the City of Cape Canaveral v. Hans and Marianne Saurenmann. Financial Impact: Litigation & mediation covered by the Florida League of Cities, insurance carrier for the City. Attachments: xo Supporting Documents Reviewed Settlement Agreement at Mediation Court complaint and related documents Submitting Department Head: Date: Approved by City Manager: Date: 1 City Council Action: [ prov as Recommended [ ]Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape -n t\k im\mydocu men ts\admi n\Cou nci I\meeti ng\2 009\0 5-05-09\sa u ren m an n. doc IN THE CIRCUIT COURT IN AND FOR BREVARD COUNTY, FLORIDA City of Cape Canaveral Plaintiff V. 05 -2007 -CA -006810 Hans Saurenmann and Marianne Saurenmann Defendants Settlement Agreement at Mediation The parties have reached the following agreements at the mediation conference held on Apri124, 2009 in full and complete resolution of the above styled litigation: I . This agreement is intended to fully and finally resolve the complaint filed in this case by the City of Cape Canaveral (City) and the counterclaim filed by Defendants, Hans and Marianne Saurenmann. 2. The City by its insurer shall agree to pay the total sum of twenty five hundred dollars ($2,500.00) to the Saurenmann's within 20 days. Saurenmann's counsel shall provide the City's attorney a W-9 and an explanation on counsel's letterhead as to whom the check should be made out. 3. All parties agree to bear their own costs and attomey's fees. 4. All parties agree that the trial court shall retain jurisdiction to enforce all tenns of the Settlement Agreement. 5. The parties agree this Settlement Agreement is subject to City Council approval. 6. The parties agree to promptly execute all documents and to perform all acts necessary to complete this Settlement Agreement. 7. The City agrees to vacate its unused utility easement on Lot 23 plat book 15, pg 80. 8. Saurenmanns agree and acknowledge that the City has valid utility easements for the sanitary sewer line and storm sewer line located on the 20 foot strip of property located at the southernmost part of Lot 23. Saurenmanns do not dispute the validity of the utility easements granted to the City and recorded in Brevard County public records at book/page 875/614 and at book/page 938/841. Saurenmanns shall promptly dismiss the counterclaim with prejudice upon the City's approval of this agreement and as part of a final settlement order. 9. The City agrees to dismiss its action on its complaint with prejudice but only if the following actions are taken by Saurenmann: The enclosure built around the screen room (described more fully in the City's motion for summary judgment) must be properly inspected and permitted and all engineering and technical requirements met, and obtain an approved final inspection from the City. Once the approved final inspections are achieved the City shall file its notice of dismissal of the current complaint. However, in the event Saurenmanns decide not to permit the enclosure, he may remove the enclosure upon obtaining a proper demolition permit. If Saurenmann decides to later build another enclosure, Saurermanns agree to follow all proper permitting and inspection procedures. 10. Regarding the concrete slab with footer and the running code enforcement fine and lien, CEB case #07-00018, if Saurenmanns bring the concrete pad with footer into compliance by complying with the technical provisions of the Florida Building Code, Saurenmanns may then make proper application for reduction or satisfaction of lien and follow all necessary procedures. The City agrees that staff will recommend to the Code Board and to City Council that reduction of the amount of the lien should be to an amount to cover the City's reasonable costs of prosecution before the Code Board. Such recommendations are not binding on the Code Board or City Council, 11. Regarding the 20 foot utility easement area in the southern portion of Lot 23, for purposes of resolving these issues amicably and not to admit to any liability or establish any precedent of allowing encroachments onto utility easements, the City agrees that Saurenmanns may keep its temporary gazebo and concrete pad unless and until such encroachments interfere with the City's ability to access its sewer lines for maintenance, repair, removal, relocation or any other purpose within the scope of the granted easements. Saurenmanns herein agree to hold the City harmless for any claims related to the gazebo and concrete slab on the 20 foot strip. If the gazebo, concrete pad, or any other encroachments need to be removed, Saurenrnanns shall remove the encroachments immediately, or, in the event that the City decides to remove the encroachments itself, Saurenmanns agree to not sue the City or make any claim against the City and shall hold the City harmless for any loss or damage that may occur due to the removal of the encroachments. The City further agrees that in the event the gazebo and concrete is removed under these circumstances, Saurenmanns may only replace the movable gazebo into the 20 foot strip and may replace the concrete pad with removable pavers (not concrete, asphalt, or other permanent -type materials) and comply with all codes. Further, any future temporary encroachments into the easement area shall meet any applicable codes, such as zoning and building codes. Signed this 24`l' day of April, 2009 at Cape Canaveral, Florida. Marianne Saurenmann Buoy, Gree Attorney for Mark S. Walker, Mediator Valid upon execution by City Council: Mayor, Rocky Randels Executed this day of , 2009 Reviewed by City Attorney for legal sufficiency: Anthony A. Garganese, Esq. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO....... CITY OF CAPE CANAVERAL, a Florida municipal corporation, Plaintiff, V. HANS SAURENMANN and MARIANNE SAURENMANN, husband and wife, Defendants. COMPLAINT Plaintiff, CITY OF CAPE CANAVERAL ("City"), a Florida municipal corporation, sues 4 Defendants, HANS and MARIANNE SAURENMANN, for violation of the City Code, for injunctive relief and to abate a public nuisance, and to enforce its codes, and states: 1. This is an action for injunctive relief, abatement of a nuisance, and to enforce the provisions of the City Code and Florida Building Code. 2. Defendants own property and reside at 349 Coral Drive, Cape Canaveral, Florida, located within the city limits of Cape Canaveral, Brevard County, Florida ("subject property") 3. The City of Cape Canaveral is a local government empowered with the responsibility for regulating building construction and enforcement of the Florida Building Code on all public or private buildings, structures, and facilities in the City, unless otherwise provided by law. a F i 4. Defendants inflated construction activities on the subject property which do not comply with City Code and the Florida Building Code. Defendants have refused to obtain a required permit for the construction activities, refused to allow the Building Official to inspect, and refused to comply with a stop work order. A detailed account of the unpermitted construction activities, history of Defendants' contact with the City, and explanation of the code violations is described in the Affidavit of Todd Morley, Building Official, filed separately and i r 5. Defendants hired an unlicensed contractor to perform the construction activities. 6. Section 82-31, Code of Ordinances of the City of Cape Canaveral ("Code"), adopts the Florida Building Code. Defendants are is in vioiaii.on of several p visions of the Florida Building Code, including: 105.1 Pbrmits Required 109.1 Inspections Required, General 109.3 Required Inspections 109.3.3 Reinforcing Steel and Structural Frames Require Release 109.6 Approval Required 114.3 Violation of Stop Work Order 7. On or about February 5, 2007, Defendants were issued and received a notice of violation for violating provisions of the Florida Building Code. On February 22, 2007, a Code Enforcement Board hearing was held. Defendant Hans Saurenmannappeared and participated in the hearing. The Board found Defendant to be in violation of the Florida Building Code and ordered Defendant to come into compliance 4 by March 22, 2007 by obtaining the required permits and inspections, and requiring hlmrn to remove the portion of a concrete slab that extended onto the city's utility easement. Failure to so comply subjected Defendant to a fine of $100 for the first day and, $50 for each additional day until compliance. 8. Defendant did not appeal the order of the Board. 9. On March 22, 2007, the Code Enforcement Board held a compliance hearing to determine whether Defendant had come into compliance with. the Board's order. Defendant attended the hearing and participated at the hearing. The code officer testified that Defendant had not come into compliance; that more concrete had been added tothe slab; that the slab was still in the easement area; and no permits had been obtained. The Board determined Defendant had not come into compliance with their previous order and the fines began to run. 10. Construction work continues on Defendants' property in violation of Code. Defendants are still in violation of the Code and the Board's order. Defendant has not paid the fine that has accrued. Defendants now refuse to allow city em, ployeos to enter the subject property. 11. The City has exhausted all administrative efforts to try to force Defendants to comply. 12. The violations are punishable as provided in section 1-15 of the City Code. Pursuant to section 1-15 of the Code, any condition caused or permitted to exist in violation of the provisions of the City's Code or any ordinance of the City, "shall be deemed a public nuisance and shall be subject to abatement by the city." 13. Defendants are further in violation of section 550.80, Florida Statutes (2006) 3 and the City is entitled to injunctive relief pursuant to section 553.83, Florida Statutes. Defendants' noncompliance with the Florida Building Code is prima facie evidence of irreparable damage. 14. Defendants' conduct is a public nuisance. 15. The City seeks a temporary injunction ordering Defendants to cease all construction activities immediately, obtain a permit, and allow the Building Official to inspect the work done pursuant to the provisions of the Building Code. In the event the Building Official Is unable to fully inspect due to advanced construction. Defendants should be required to demolish or de -construct to permit proper inspections. 16. Considering Defendants' willful and intentional violation despite efforts to force his compliance, and considering the health, safety ane, welfare 'issues surrounding unpermitted construction activities performed by unlicensed contractors, irreparable harm is likely to occur, and the City has no other adequate remedy at law to force Defendants to comply. 17. The City is substantially likely to succeed on the merits of this case as the codes are clear as to what is required, so Defendants' violation is obvious. 18. It is within the public interest to enforce the provisions of the City's Code and Florida Building Code to protect the health, safety, and welfare of the citizens of Cape Canaveral. It is within the public interest to ensure structures are built to code by licensed contractors, and are built with required permits and inspections. Significant effort has been made by the Florida Legislature, Building Commission, and the building industry to adopt reniform bullding code requirements and to strengthen building codes (especially in hurricane prone coastal communities such as Cape Canaveral) throughout the State of 4 Florida. Defendants' flagrant disregard of these codes threatens the health, safety, and welfare of Defendants, the occupants of the subject property, neighbors, and other citizens. 19. The threatened injury to the public and the harm to the City's ability to enforce its laws where a clear violator is allowed to flagrantly violate the Code, outweighs any possible inconvenience to (Defendants to obtain necessary permits and inspections and, possibly, demolish and re -construct according to code. 20. The City has expended funds in prosecuting the code enforcement violation and in pursuing this action. The City has retained the undersigned attorneys to bring this action and is entitled to reimbursement of its fees and costs pursuant to section 1-15 of the City Code. WHEREFORE, the City of Cape Canaveral de hands judgment in favor of the Cfi► as follows: a. A temporary injunction ordering Defendants to cease all construction activities at the subject property and requiring Defendants to apply for proper permits and allow appropriate inspection of the construction so far. Further, the City demands the Defendants be required to modify or de -construct any structures in order for the City to properly inspect the previous stages of construction, and, if necessary, de -construct anything that fails to comply with code; b. A permanent injunction prohibiting Defendants from violating the City code and requiring them to: obtain necessary permits, allow proper inspections, hire licensed contractors, and follow the building code; C. Imposition of attorney's fees and costs as appropriate pursuant to section 1- 5 15 of the City Code; and, d. Any other relief the court deems just and equitable. DATED this 1__.L day of July, 2007. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, Florida 32802-2873 (40425-9566; Facsimile (407) 425-9596 By: ANTHONY A. G GANESE, Cape Canaveral City Attorney Florida Bar No.: 0988294 DEBRA S. BABB-NUTCHER, ESQUIRE Florida Bar No.: 996580 Attorneys for Plaintiff City of Cape Canaveral, Florida M From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 07/16/2007 22:48 #004 P.001/005 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. CITY OF CAPE CANAVERAL, a Florida municipal corporation, Plaintiff, V. HANS SAURENMANN 490.I1111ARIANNE SAURENMANN, husband and wlfo. Dekndsift -%1a-q am i • Q�-*i q ,�*- Todd Morley, being first duly sworn, deposes and steles: My name is Todd Morley and i am over the age of eighteen (18) years. I have personal knowledge of the facts contained In this Affidavit and I know these facts to be true. I am the Building Official for the City of Caps Canaveral and have served in this capacity for 4 years. The building department and code enforcement department are under my supervision. On or about Januwy 3, 2007, Defendant, Hans Saurenmann, contacted the City's building department to advise he was pouring a concrete psoo In his bock yard with no structure to be attached, (All references to Defendant mean Flans Saurenmann). From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 07/16/2007 22:48 #DD4 P.002/005 inspect and was assured by Defendant that he Was only pouring a concrete patio. and was not going to put anything on it l observed 2 X 6 form boards In place for the defined area. I did not observe any plumbing or footings within the proppsed patio area and advised Defendant a permit would not be necessary for minor concrete pours. However, I did advise him that it would be In his best interest to consider installing st=tural footings by engineered design (by permit) for any proposed or future'etructure that may be erected on the patio. Seurenmann Indicated he would worry about that later. I replied that deem, *e testing and concrete re -work would likely be required at e later date On order to perform required inspection and issue permits). I raised some Concerns about property lana and i asked to see a survey. Defendant provided tough plans showing the proposed patio. I made notes of my visit on January b, 2007 on the plans. The plan sheet with rates is af&,:hed herein. as Exhibit A. After some IrnrestigatI , I deWrmined that Defendant, s concrete patio was to be built over a recorded uViity easement the City has through Defendant' s property. Defendant submitted a building permit application on January 10, 2007 for a slab and plumbing. Along with the application, Defendant submitted an OwnedBuilder Affidavit, signed by Defendant, which acknowledges that he may not hire an unlicensed person as your contractor and that he Is responsible for ensuring that anyone he hires has the proper licenses. Attached hereto as composite Exhibit B are true and vorrect copies of Defendant, s applhc-stion and affidavit. On or about January 11, 2007, in the early moming, I contacted Defendant and Frog CITY CAPE CANAVERAL BLDG. DEPT321 '868 1247 07/16/2007 22:48 X004 P .00voos, advised him he could not put his patio over the City=9 utility easement. I then made a site visit to the property and saw that plumbing and footings with steel reinforcement bars had already been placed within the patio area, which are required K something structural and l aMmaring is going to be belt on top of a concrete slab. This was done without a permit I advised Defendant that, notwithstanding the utility easeff%nt isaue, plumbing and footings within concrete required engineering drawings, building permit and Inspections, and that concrete may not be poured until the permit and Inspection requirements were met Saurenmann responded that he could not stop the imminent concrete pour because he Wdy ordered am! paid for the cone. : warned hie.^ ±:gat pouting ooncrete would be a mistake and that I would Issue a stop work order. 4 I sent one of my building Inspectors, Dennis Clements, aoeompanled by code enforcement officer Duree Alemnder, to the subject property on January 12, 2007. The concrete buck was on site when they arrived, pouring the concrete, Clements advised the concrete workers that there was no permit and that he was issuing a stop work order. Saurentmann told Clements that he was going to continue pouring the slab. , Clements advised Seur+enmann that the pour was being done at his own risk.' the stop work order was Issued. It was Wer noted that the concrete pour was bompleted. A true and oorrect copy of the stop work order is attached hereto as Exhibit C. On February 6, 2007, under my supervision, a Notice of Violation was Issued by code enforcem�t for violation of the Florida Building Code (FLBC), which wds adopted by Cape Canaverai City Code section 82-3 1. on or about, February 7, 2407, 1 reviewed Defendant' s application and prepared Fran : C [ TY CAPE CANAVERAL BLDG. DEP'T321 868 1247 07/16/2007 22:48 #004 P.004/005 a Plan Review Comment Sheet, attached hereto as Exhibit D. This is a standard response format for building permit applications. This one page document was provided to Oefendant. It explains what Defendant needed to do to meet code requirements for his project. On February 22, 2007, l attended the Code Enforoement mrd hearing for Defendant's violations. The Board found Defendant to be in violation of the FtEC and Issued an order requiring Defendant to comply with the City Code and the Bundling Code by Marsch 22, 2007. The Defendant was ordered to pay a fine of $100 for the -first day and $50.00 per day for each day thereafter until the violations aro corrected. Defendent n decision of the Board. Attached hereto as composite Exhibit E are true and correct copies of the notice of vIo ation, Board's order and related code enforcement documents. To date, Defendant has not submitted responses to the plan review-comecttton sheet and consequently, no permit has been issued. l have been instructed by Defendant that no Citic employee may access his property and construcDon activity continues on the site by a person the City believes is an unlicensed contri dor. Defendants are currently in vlola6on of the JNk wbv provisions of the FLBC: 105.1 Permits Required ' •j 109.1 Inspections Required, General 109.3 Required Inspedions 109.3.3 Reinforcing Steel and Structural Frames Require Release 108.6 Approval Required ` 114.3 Violation of Stop Work Order An applicable provisions of the FLBC am attached hereto as'ExIAH t F. 4 From:CETY CAPE CANAVERAL BLDG. DEPT321 868 1247 07/16/2007 22:48 11004 P.006/006 Without being on Defendant' s property and with penyission of the next door neighbor, t have pemonally observed aongnued oonstrucWn ac liviGm on the subject prop", particularly, some sort of structure being built on top of a concrete ak4x I haw taken -photographs ftm the neighbor, s property on Jwe 18, 2007 and July 3, 2007. -By J* 3, Defendant's unpom tted. ane appears to be mmpletely erKlosed. Attached .heWo-as ,Exhibit .0are true and zorr®ctrraples of the photographs •1-haVe.taken. Tha Building Code is designed to protect the health, sefbty and wetfsre of .propertyyawners as weil. as other cans. .F.lodds .law requires -this impnDwwnent.to only be made when properly permitted and inspected. I have serious concerns about the struCtura "10 has been bulli wfthw a peffm or ihsAections, espe ialty by someone ; believe was not a 11censed croritraetor. ' We are a coastal community, exposed to severe winds and hurricanes. FURTHER TWAFFUINT SAYETH N ,STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was sworn to end subscribed before me this - day of July, 2007 by TODD MORLEY of the City of Cape Canaveral, who Is personally known to me. W&Y Public SUM a F*Wa Notary Pub ie .10Y Laftwd4l MY CothrNeWm D aWoe _ EXPM OMM011 3 Lan Print'Name My Commission Expires; C�a /a:s f It From CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 06/26/2007 22:25 #025 P.025/038 _ CDT 2z FILE Copy moo. • I �ao•00" —• -- --de; lij i /00, '70. • l�; � ty ct tA � Lor 24 ''• I �C a 1 �,'� Y &tAbl AAS h/moi � f i r �+� t 170 ?e-rMY)- I'S re ; ittrre& 719rM71'�17Y" �7� 1�i y�f "�t7�dr, % XHIBrr be A t� he5tl-*�Ims,� t cowo-6jb�e- s7iru�ru� V Fran:C1TY CAPE CANAVERAL BLDG, DE-PT321 868 1247 06/26/2007 22:26 #025 P.026/038 ,5e /•feel, AV r -90,94V4,91 �' at a rc y`"N1 rruu ,,u°,,➢VLrr Tn,rGd�l Piz; &qe �< :l=�dir' 8PNPd ARt;RP1FCEY:'i9FI _r "!� srx,r-.r a. —11 j" From :CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 06M/2007 22:25 #M5 P.021/038 BUILDING PERMIT APPLICA'T'ION (321) 868-1222 0tYdfCVC0wM"dB9"diA9D9PX1ftcnf 103 Polk Avv. Cape Csaav=1, FL 32920 backside of this font, sun Th arst Please complete the may fix tn,: (32 t) 868-1247. All applications awl iacl'a& tho You may dowtiload: true ttpplicatioa: �vfl�rt the checklist on the back of this form and provide odr down heated on the chwkiist: A copyof contract may be rod . Application padmcca will not be reoeptcd unless, complete APPLICANT WML BE CALLED WHEN PERMIT IS READY. (ContracwA>wnU'-Bm`ldar is required to sign for the buildingpam24 oni iadicated otherwise by affidavit I.D, rwy be ragged) Address of Job Site: —'cf t 91` �� ?` Zoning classification Flood Zone: Legal description of , TarPi: ltxex sic: 31mne BL]CP8, ro - LOT Property Owner Name: t /e9 /ia •-r.r Phone• .��` Pee Simple Tideholdees Name otot wruu mmr): Address- bonding ddress:bond ng Company Address IMomage .caudat: Address: _ At,ehitoat/ Nettraew ' Adm • Cln.e. 0oa- PPL hues Ctrr Sema WW d3" qty Contractor Nsase: Address:- Buil itg Ty" Mr., "Mr., ""tally avaatbls MCM,ro f ac "'w/ d l d dwal- s,.a. Yds jrwarh Name of Company.. re U c6up swikbi. t. www, bivabu lt-iu ewie. waw Plumbing Cosatractor ltiame: Address (plea a aadrr VK, "I. Sarva LW $L912 4K nnse �L. maim Mechanical Corttrel=r Name: A.dd"*L- iadiaate as rMt dc) doe) P -P -q' pr"P&V* -Posamf apjwlicabla) Yas(No YeS NO Yep+ NQ s s .do0 oa4ahciuses S tit S ttdomirii s At,ehitoat/ Nettraew ' Adm Name Of Compan)r _ State License nse Phone (office)' Phone (ee•7l/pager )" Fax: qty Contractor Nsase: Address:- Name of Cougsw. Stato l.inanse No.., Phohe (e8ice) Phone (cewpdgeu.): Fwc E batxieai Con=torr Name: Name of Company.. State License Na": Phone (office): Phase (calUpajar.): Fax: Plumbing Cosatractor ltiame: Address Nems of Company: State License No.. Phone (office): Phone (Ceftager): Fax: Mechanical Corttrel=r Name: A.dd"*L- Name of Company: .. Stw Licesiae No.; SpecieltyYOdsen• Contractor Name: Address: State Lice= No.: 'bane office ( Phone (ol�ce � art.). �j"i�� r. ' Paeu-): —Fax: Fax: 0ABW .Dept.Pa=W APPLICATION Ray. ]ally 20, 2006��0 —&2,P7 J ., • � • , oa � : i ► � :.: '. � t r ri ®err �cT: �t Awls licatit , L�R �. MAM M A� � 1� to ttw% all osed oola)Sti1LCdom and CttaCtt With atda tkpk satbaClaf No rInd ivatim — Owner/BuUder .. davit If arae W 15 Zing U coaft"wr Sewer PCO'Zt Mq be Ubted urA C.._ tit jolt )e C Frf$ t�sC ' t May be W ufut CM, C #al, ass on Ira act Fee see t WYN deferred;0, .o Sidewalk tact Fee readot to sda,Are,lk axLm OtA iQt Recorded W creed / Proof of , Copy ofR;eca *d Notice of Capt over 00 c==t watimes gm, Foucy / .Bac don over ss aoe) v mefMow those o+,c a GR as W taw' tul Commtti Appeamce Board 6Mroval atnd Zoning B oud Sit$ PLOAARM2321 For a]l work vieibta Qam tatbilr attway for alt ntrar n Pof fbar tmtn err enure Camcwnwy Porzzta' For oil naw cow nak Peft of si+p>laved s4aa pian FhmU7 Conbutoes Statin Liam" R�eaoeds ora ba k pt oa Me Haar k"d SubGont utoes Aw4wriaatio= SWO Lictal$ Xaecrtd t ho kept an 15is filer° ' scb% &d No* tlutldkg Daparowt of coetmow d amr a Plug C=tmotor PhMbing Coriirufcor Electtsw C*Atmctor Bleu Conhutor &e.qbWcxl Coatracwr Ad, Corr Roofua C,aadratc for Rocflu ggggetrar bimmja 11001 C©nttactar Sw%mi Pool Caa ctor Ciao Coatraotor 004, Con'!ad" j Other Coldcactor ' ty/OdW Contractor Comenafion Dmvixi s: For P.M. 104 Two lots of aeeled ews"Odau amwina ON= aefs if f cls} lore AMA ac MW Must ; Sible to, ll A11 � aetrUco �a iaofifd � . Riser a Fea mdPPly A/C la- irtfor 4WO Ptanea"itidkW*vWW=TIME— Two gets Of Peru Caktlat Lana � Plates gore k4laft perm nopooWbla Aw e Fou sots ofF'rre 3 g riff A]sr i a eci8cetioae Ra � cr'tQ ttauaaoPff 'o+�l $ l:tanm sl food Du -Mmat by inafd wifleoat b.er Application is he rthy mA& to obtain a Permit to do the work asid tastailationa as indicate& I cut* that no work or installation has commenced prior to the eco of a permit and that all work will be pe rfoto ad to meet the standards of all laws regulating const uction is this jm sdiction. The Budding Colic in effect at the tiu of this application is tha Florida ceding Cgde 2t Q4 FAW - I widerstaad batt all pommits re is inspectiOns ea in Ucated TW,9 peamlt . pplicataan is valid far d or is girt months from date of submission, aat By signIA& appl4oaffix= beat all above is 6d .e�rrect and that be/he authorized egret of the Co>ltrwor/Owner and has tit auto arty to apply fgq,permit, Aplinatat's Naune� ���`����� Applicant's Signature: Dart: f' _'" e y7' Site Address: For Notary use only. State of Florida, County of Brevard iwarca and subs=-bedbefore me this if day of �a 4!_f 20 _fZ by 44,4 F Premed uarae if AM icamt p who GC 1 YGffit3 ot: t8 !� AY LCIS iCEll: SJIPIF: W� iC07 );1t?lSftOVU rurgd8 APPPLtCAMN Rev. My 20, 2M or S�gwaum - NQlary Public ?.! Lugo ThU fbrm maybe Upl'iaateC MEM cFdo. ct f 3 6;liirr 'T' 2Q�T. TF=?SFFI. ' Sf Etdife from:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 06/26/2007 22:25 #025 P.023/038 O UILDER AMDAVIT S'T'ATEMENT OF FACT The Foregoing statement must be read and signed by the property owner, The PTOpe" owner must sign the affidavit in font of a Notary Public. Florida State -Statute, Chapter 489, requires construction to be done by licensed conbActors. You have applied for a permit under an exemption to that law. The exemption allows you, as the property owner, to act as your own contractor even though you do not have a license. You rant supervise the construction yourself. You may build or improve a single famBy or two- aauly residence, or a farm out- building. You may also bufld or improve a comroerdal building at a cost of $7500 or less. The bu:Ud3ngs rr=r. be for your owrt use and, occ- pa,= . They may not be built for sale of lei. If you sell or lease any building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or base, which is a violation of- this exe=pdon. You may not hire an unlicensed petacin as your contractor, It is your responsibility to make sure that anyone employed by you his the property licenses required by State law and by County or Local Ordinances. Any person worldng on your building who is not licensed must work under your supervision and must be employed by you, which means that you must deduct F.T.C.A. and withholding tax and provide workers compensation insurance for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building cycles, a pd zoning regulations. I have react and fully d d the Provisions of this instrument and agree to the conditions list : Owners) Si furs Address of job Site The foregoing instrument was acknowledged before me on this rr day of . �,�. t 20.0-7 by t4-("%3 sagtrr n '1 who is personally known tome or who produced as identification and who did or did not take an oath. Notary Public State of Florida, County of Brevard YOU ARE HEREBY DIRECTED TOO STOP WORK ALL WORK ON THIS IMPROVEMENT UNTIL THE CITY OF CAPE CANAVERAL BUILD�TO REGULATIONS HAVE BEEN COMPLIED WT ] H REGARDING: m IN BAR..- o r- 1 s m t.,v C..- _ POSTED DATE.- OFFICE ATE: OFFICE OF THE BUILDING DEPARTMENT CITY OF CAPE AV L, FLORIDA J I From'.01TY GAPE CANAVERAL Bim. DEPT321 868 1247 06/26/2007 22:24 #025 P.019/038 City of Cape Canaveral T nm Mewing itom vme nMd on you obWtW as area r*p*WS Oariwd= nWor CUnficdGDn. Picric address each oammint by its cot c"ndWS mad wr. Yom may bx replies to (321) 868-1247. If you haft zzW quesdaass about this plan rtview please call (321) 86$-1= and. otic to speak with the plana OxI Pleac+e 11MIlmd all copies of tlae pre dm sobao J=l to, n -- arq n=osuq revisions and r&submit to the building dgWtmt*L This maabaaim will bo reviewed by the pleas examiner and wID msuh in ekber a perrrdt or an addhiooal plan review —cut sheet. Please provide the 5nllawins a6ftowl mon: 1, Two scalod seta of co on dr4wings olcuty indicating *z scope of canp*c work wd plumbing work. The plans submitted indicate only than a patio extension is requested The plane must h dirate the type of concrete, the thickums command that a termitc treanneat writ be applied as required, 2. 71= meas m=OM proYidcd to not add up properly a3 both aides of the patio. 3. The sketch provided mdic$i* tha a portion of the slab axtends into an easement area Pk= provide a revised plan that door not wdMW this v 1adon. Notes: Additions to a strucpue require a RegiAomd Florida Engineer tD raAaw and scs] structural drav►ings. You have ind%cated your desire to incorporate interior footings into the slab without a 6 tune plan to pct wails or Vis. Although this is net underrtsadable, it is net a viol of *4 Florida Building Code to voirmbuily plea= foodup within a slab. Please be aware that the Florida Building Code requires all minforeiag steel to be inspected prior to covering. You bave indicated your desire to iworporate plumbing pipes into ti a slab without a finum plan to use: them. It is not a violation of the Florida Plumbing Code to voluntarily place pipes within a patio slab. Hawcver, pipes penewiting a struchwal &oting v , be prvtWcd by a rolieving arch or a sleeve pipe at least two pipe szas larger thaw the plumbing pipe. Pima= be aware that plumbing pipes must be inspected for size, slope, and the priming of joints prior to being covered. Should 61s permit be issued and you decide to build a room(s) on this slab in the future, please be aware that the City will require a new permit for the new work rad 1. F.ngwcxlred plans rearciing the f s will be required_ 2. The size and locabon of te footings wt71 need to be verified, 3. Tw quantity, size and eovm%ge of the reinfore.ing steel will:l need to be veriE4 and 4. A minimum 6 nd1 vapor barrier will be required bctweem slab and soil,, EXHIBIT 105 Polk Avcaut ■ Parr Office Box 326 •Cape Cansveril, FL 32920-0326 a Tdephone: (321) 868-'1222 » SUNCOM: 982-1222 FAX (321) 868-1247 .Alin-='7£%QUT rT-TwA14 EEnlg@l.'.s(ARC_-APlFiE i!F)Sti'ic4F' EST,. �NV YCa1"P!isYYrt�`roa _ _ �'� 4t':i''p•�rrs .�n�,�g •m'.CITY CAPE GUVERALRM. DEPT321 iii 1247 06/26/2007 22.23 #025 P.016/038 City of Cape Canaveral CODE ENFORCEMENT BOARD -f, CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION V�bsee:2104007 THE CITY OF CAPE CANAVERAL, Case No: 2007-00018 A Florida municipal corwatlon, Gornplalnsnt, V. Owner of the Property. Hans Smronmarm Respondent(e): Harte Saarenmann r PURSUANT to Section 182.0e, Fforlda Statues, and Chapter 2 Ar6ole VI, of the Cltr of Cape Canaveral Code of Ordinences, the undersigned Code Errbroement Officer hereby gives nonce of violatform(a) of the City of Cape Canaveral Cade of Ordinances, as more specif Bally descAbed below. ReWndent(e) Ware herby notified than owrective actions) to oorreat the vlolatlon(s) described below Were to be voluntarily pall trued within fifteen (15) days from ruaipt of this notice. In the event #W the violatlon(s) Wars not cormKbd withl►i the time period set fbrth above or the violadon(s) raw, r(*) evert 0 the violetlah(a) Ware corrected at the time of hearing Respondents) may_be. regUired to attend a hearing before the Code EMomement Board for the City of Cape Canaveral, and a penalty ss provided below rney be imposed, The Code Enforcement Board may enter an order roquirtng the Respondent (s) to correct the viola�on(9) and penatties may, be side"ed up to $250 per day for each first violation or up to $500 per day for each repeat violation de Abed In the notice untli the vioisbon(a) has1have been con0ed. IF THE VIOLATIONS) ISIARE CORRECTED WI7KIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEMATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where vlolation(s) exist(s): 30 Coral Drivle, Cape Canaveral 2. Name and addreas of owner(s) of property where vlalation(s) exist(s); Hang Saurenmenn 349 CORAL DR CAPE CANAVERAL, FL 32920 105 Polk Avenue * Past Ofl'icc Bcx 326 • Cape Canavecai, FL 32920-0326 Telephone: 021) 868-1220 , SLTNCOM: 952-1220 • FAX: (3211 868-1248 Fran:CITY CAPE CANAVERAL UM. DEPT321 868 1247 06/26/2007 22:24 #025 P.017/038 3. Description of VIo ation(s) at property:Sec. 02-31. Florkie Building Code adopted. Finrida building Code ( FLBC) Chapter 104 Section 104. 1.1 Any owner, authortted agent, or contractor who desires to construct; enlarge, anter, repair, demolish, or change the occupancy or occupant content of a building or etructum, or any outside area being used as part of th a buflding'4 designated occupancy (single or mixed) or to erect, Instill, aniarge, atter, repair, remove, convert or replace any electrical, gas mechanical or plumbing system or to cause any worst to be done, shall first make application to the building official and obtain the required perm t for work. Flo reds f8ullding Code (FLOG) Chapter 103 Section 105.4,The bullding offlclal shalt inspect or cause to be Inspected, at various Intervals, all construction or work far which a permit Is required, and a final Inspection shalt be made of every building,, Metuur+e, eiec Wcol, gas mechanical or plumbing ays%m upon completion. FLOC 100.3 Required, Inspections: The building af,"l upon notillcadon from the permit holster or his or her agent shall awake than following Inspections, and shall either relegee telt pardon of the construoWn or shall notify the pernllt hauler or his or her agent of any vidations, which must be corrected In order to comply with the technical codes, Foundation Inspec donwftetersigrade besrns. Plumbing i'nspeotlord-underground Wo"atlons to be made after trenches or ditches are emoted, piping Installed and before any bacldill Is put In pki . FLSC 100,3.3 Relftrcing, Steel and Structural Frames: RainfOrcing sbW or, structural htme Work of any part of any bul ding or structure shall not be covered or concealed wtthout first obtaining a release from the building olflc3al. FLBC 109.9 Approval Required: lel ork shall not be done beyond the point Indicated in each successive Inspection without first obtalriing the approval of the building official, The'building official, upon nodf eadort, shall make the requested Inspections and shall ehhgr Indicate the portion of the oonstruWon that Is satisfactory as completed, or notify the permit holder or his or her agent wherein the same falls to comply with, this coda.. Any portions dwarf do not comply shall be corrected and such portion shall not ba covered or concealed until aid by the building official. 110- 1. De lnitions: Sassment means a righW-" granted for limited use of private property for e public or quasi -public purpose. 110-1, 0eflnitlona RighWf-way means land reserved, used or to be used for a "at; alley, walkway, drainage facdity or other public purpose, Sec. 110-276. Prohibited', uses and structures. in the R-1 law denatty residential district, all uses not spectelly or provisionally permitted in this dh6slon and any use not In keeping with the isIngie-fanwliy residential character of the district Including two-family and rnuihiplerfornlly dwellings, tcwnhouses and moble home parka, are prohlblted. See- 110-488. Accessory structures. (a) No accoMory structure shall be erected in any front yard, and the accessory structure ahail not cover more then 30, percent of any requ,V ad rear setback. No separate accessory structures shall be erected within ten fest of any building on tl* some lot or within five feet of any lot line. An accessory structure ahall not exceed 24 fast In height. However, a lot with a one- or two-tamlly residence only may have one additional accessory structure erected per unit; not to exceed 100 square feet with a max mum height of ten feet if detached or 32 square feet with maximum height of tan feet If attached in rear setback A complaint was filed and an Inspection revealed ocncrete being poured, footers Installed and plumbing work without a permit A stop work, order was placed on the property on 11121+07. The patio encroaches Into the ten (10) foot utfllty easements and must be removed, Staff also observed another structure erected in the sidwYront yard, which will require a permit. From' -CITY CAPE CWVERAL BLDG, DEPT321 868 1247 06/26/20()7 22:24 4025 P .OIM 4. Reoommendsttlon to correct the vlo994on(9} deW, bad above: You must obtain a permit and the required approved Inspectlons for the plumbing, and structural worst done without a parmit You must move the section of ttta patto that oncmeches Into the utility. easements. You must obtain a permit for to !ice Its ettticture erected In the sideNtfvnt yard of your pew Failure to cotnpty wfthln tlf4een (16) days, from recelpt of this Notice shall result In further action, as oodined to the previous page(s) of this Notice of Vtokftn. if you hula any 4uesdom regarding this Notice of OtananeWCade Moladon or the recommendallona contelned herein, do not heelItats to contact the ba%w signed Coda Enrorcement OifiM at the City of Cane Canaveral. P~ Cererrad rr+ r 1Z110Q a "t c � S SAURL' o � '�» ; 349 CORAL'DR Fi, 3292�J -.._ CprWPE CANAti ,,-. ©ter rt/ rn A— BZPw VW by Arnw MW" G. r A at D40 . _ of tl,veUpfsce, ©. delivery or orr� if�e hunt Ipermits. m 1) Y09 ARk�e AddiesSedW if y1M anwr deWery ederWa b41ow: O No ANS SAURENMANN CANA%PAL- FL 32920Wce — 00 wait & Jnr Moo t3 &WW 2�Readgn ror Marchand(" tJ rnmood Mieii ❑ C.O.D. ............. 4. AssVidad OWWNI OM AV D YW s r, ' ER' Ba. DEPiii 1247 06/26/2007 % #025 P.014 ,ti`, City of Cape Canaveral r.y 11E-1CITY OF CAPE CANAVERAL' A FlorMs Municipal Corporation, Co tplainant t V F Owrw(e) of the property located at Huns Saurenmann 349 Coral Drive, Cape Canaveral Ree►porKlant(s) Hai -x Saurwvnam Case; No, 200.00018 NOTICE OF HEARING A HEARING will be conductad before the City of Cape Canewral Cada Enforcement hard on the 22nd day of February, 2007 at 7:00 p.m, c(as noon thersafteer possible. The hearing wol be how atft City of Cape Cariwvwal City Hal ", 141 Polk Avenue, Cape Catraverel, FL 3210 The Code Enforcem*M Board will rocael" Wdrnony and evidence at said heertng regerding the violatlon(n) ooaurring upon the property or the Respondents) as set froth In the Nodce(a) ofvlo atkm Cala Enforcement Board Order, attached as EXHIBIT OX and shall mace a determination as to whether such vlolatlon(s) istars corr^ec:1ed pursuant to Section 162-.07, Florida Statutes, aInd Chapter Z. Afte Vt, of the City of Cape Canaveral Coda of Ordinances, You are entitled to testify and present evldenoe and witnesses in defense at the hearty. Since the proceedinge of the Code Enforcement Board am legal In stature, yotr my wish to have legal counsel a tartd the above refemwmd hearing. The Cade Enforcement Board may enter an Order requiring the owner of die Property to correct any vlclation(a). This penalty, if not paid, will becomes a Nen on than Propevty and any outer personal or real properly ownedby the Respondent(s) which can be satisfied by foreclosure and sale of said Property end/or other personal or read property. AN AGGRiEVEO PARTY; INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPM A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED 8Y THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER.. IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, D ` this 9th day of February, 2007 Duree Alexander Gude Enforcement Officer 105 Polk Avenue • P= Of'icc Box 326 • Cape Can2vcral, FL 32920.0326 Tcicnhonet (12118,68-1220 + SUNCOM—, 982-122'0' • FAX (3211 969-174R From:CITY CAPE CANAVER& K -DG. DEPT321 W 120 I6/25/2D07 22:23 #025 P.013/038 City of Cape Canaveral i - 1 S P _ Code Enforcement Case No. 2007-0018 1, Duree Alexander, Code Enforcement Officer for the City of Cape Canaveral, hereby certifies that I have hand -delivered the following Code, Enforcement Notice: NOTICE OF 1/10lATION and Order to Appear to the following listed Respondeat: Haas Saurenmann, of property owner of the following address, 349.Coral Drive, Cape Canaveral, Florida 32920, on February 9, 2007. a.,.. A..&, - - Duree Alexander, Code Enforcement Officer State of Florida County of Brevard On this 9th day of February 2007, personalty appeared Dures Alexander, who is personally known to me and did not take an olMh. My CQWMM 100 $M4 Notary Public �' Llax-e--> — - 12L 105 Polk Avenue - Post Office Box 326 • Capc Canaveral, FL 32920-0326 Tclen6one� (321) 868-1220 , SUNCOM; 982-1220 - FAX: (321) 868-1248 �"tWd�ti �a#Y ro a`as Vr�°i`„Ir,YH'1'���7i"�,'?iJ17-7T°_...,,rf',a., i•:5':iT'ra�rr "; f3�J�PSd�.-+,CARt;c1N�1F_ �-�`f`�;��p?OM /r°i7�u{,�a^,J�k���V�r,. _fir• � From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 06/26/2007 22:23 #025 P.Ol5/n efoo"-e--. z --90;2— 0000,000/ ---F&Y -14�v 92 Jars' I- sliople e--) eo-oo�.re /l/` 0"7. /�' x►LUMBAW UY COMMUMN f DD OW p�r EXyPIRE�y �J.lt� ��,��2W�?y� LL PmftW 10 - Top of lb iw�ww. From:,01TY CAPE CANA0k 1'10G. DPT321 868 1247 06/26/2003 22:21 #025 P.004/10' o 4„ `lei .. •rq ���.City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00018 A Florida municipal corporation, Complainant, V. �N 2©o7aea�, OR BK 5764 Page 4841, R,eorcrad o44=007 at 11•:24 Ahs ScOtt EH, Oerk of Hans Saurenmann Cauu, fN°ro Owner of the Property located at: # PgC3 349 Coral Dr. Cape Canaveral, FL 32920 t.ECsN-- HMSOR HG: S-2"0 " ;v U v &-*,D ;jYNG PARCEL ON S PER Off 1873 PG 333 ai-AY BOOK 0e1! PAW Respondent, THIS CAUSE having come on for consideration, after being duty noticed, before the Code Enforcement Board of the City of Cape Canaveral, Flarfde, on February 22 2007, to determine whether any vlolatlon(s) of the City of Cape Canaveral, Code of Ordinances exists) or axisted on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed .the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are Incorporated Into this Order assat forth herein. Based upon the evidence and testimony presented at this hearing, the Code Enforcement Boardfinds: i. The Respondent was provided a Notice of Violation In accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section, 162. Florida .Sialulees, that a violation of section 82-31 of the Cape Canaveral City Code adopting e Florida Building Code, including ail updates and amendments thereto-, to wit: ectton 105. avid 1491, Permits & Inspections; Section 101.3, Required Inspections; Section 10.3,3, Reinforcing SNel & Structural Frames, Sectio4094, Approval Required; 0ty of Cape Canaveral Code of Ordinance=s Section 110-273, Prohibited Uses & Structures; Section 110-486, Accessory Structures, a Asted upon the Property and further provided a reasonable time to correct said vlolrations; 2. The Respondent either failed or refused to correct such violations within the reasonable, time period provided In the Notice of Vlolailon; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 • SUNCOM: 982.1222 • FAX (321) 868-1247 From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 a Permit ermlt and required dent ha"s violated A R on tha City of Cape Canaveral Code Of p approved Inspecdons for the slab structure Plumbing work antes, to w<t structure shall be obtained; and the portion of the slab located within the public utility shall be removed; 9 � 8rid tern;porary ftsement C4Aa W -000i s 4. That constitutes a violation t the la l�f) existed within the City of Cape Canaveral and City Cape Canaveral Code of Ordinary that such BASED UPON THE I FOREGOING FACTS AND CONCLUS b�DE"RED: ONS, �I7 tS RE'RE�BY 1 • Respondent be given Until March 22, 2007, to correct any violation of the City Code on the Property; and 2, if Respondent fsalls to tcnrect the violation within the Urne perbd set forth he the Coda nforcemOnt Offer shell schedule a Compliance, Hearinall be nog before the Enforcement Board and R,� , rein, Present evidence so to the status oflthe, viola n � a d given pport+ rt to appear e Code and Enforcement Board and the Pro 'fir Upon a finding by the Code upon a filling of a Notice of No rerreins In violation, a fine wall bt rm+med�a,t•iy entered one hundred doilars ($100.00) for the Ba08 by a Code and fifty dollar Enforcement rthe i ) per day thereafter nt of Respondent shad be res unlit ® violation is corrected and full compliance Is confirmed by the Code Enforcement Officer. ponsucle 0 provide notice of such violation bei Enforcement Officer. Upon suc�`��rmaticin, the Cade Errforcemer�t Officer shalt rom � r"d� to the Code a Notice of Compliance; p pUy ftie 3. Upon the filing of a Notice of Non -Compliance by the Code Enforcement Officer, the Cleric of the Code Enforcement Board Shall be directed to record a certified co Order In the public records for Brevard Cour copy of this Property and any other real or personal property Florida, which shall serve es a lien against the p P rty owned by the Reepondent; 4. any and all future recurrence(s) have been corrected shall neceesltste further $proceedings' before the Code addressed herein after same without neoeaaardly providing Responder i+forcen�ent Board the Code Enforcement Board, Upon finding such �p rt�oneat � i �ocorrect n4s) ex #s shall and that not to exceed l=ive Hundred Dollars (S6m0,00 ) impose a fine the first day fire repeat violatfor(s) 131 ($600,00) foundtoexist. y for each repeat violation, beginning on Canaveral, (Consistent with Sectio shall also be loads sills for costs )-turned b • Res ondent(s) p n 162.09, F Statutes, for costs of enforcement y the city of Cape reasonable repairs made to Respondent($) pm ty of Cape anavnal kir deeignes to correct any vtoietlon(s) that the Board deems ahs serious threat to the public t safety and welfare. health, 3. The Cade Enforcement Board hereby reserves the right to take further necessa Respondent(s) ioropertyl'n accordance with meat any violation(s) or thQ a�et on against the Respondent(s)to enforce thls Order and correct Canaveral Code, Chapter 2, Article V1. Section 182.x9, Florida Statutes, and City of Cape From C I TY CAPE CANAVERAL RX. DEPT321 868 12,47 06/26/2007 22:21 M P.0106/038 can #0''7-0m Is IrONE AND ORDERED at Cape Canaveral, Florida, ti,ls 21"' day of February, 2007. :f Copies furnished to: Hans Smirenmann, Property Owner City of Cape Canaveral, Case Fila CODs: ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ary Ru11eil, Chairperson I hereby oertify that a true and correct,copy of the above and foregolna Order imposing Penalty has been furnished by certtfled mall to the Reapondent (s) endlor Respondenfe authorized counsel on thle zj day of r-tar4tN . 2007. Joy Lom ardl, Board sectary Duree Alexander, C e Enf icerntnt Officer C,mplate OM 1, 2, and 3. ASO MMOM6 ttem, 4 y'FoeiiruAvd ©etAry i8 deeded. ,... IOU, V1a�M1e e�14 acidre®9 Orl (sue rOv fi10 ! Mle ,C� 7eh3J11 l�te Ctttd 40'y�0ti1, ,. acrd W d1e back et due tnaf(p�ace, qr ' tha h�stit � �r�eca pe+rnlrn, Addroand tot r4 gawmmam 3 Co'RAL DP, ,•,� FL 32920 �E CANAvFi�.P L, 71206 I A. � y., may, O� "/ { 111 1rlY�' G, Bry e C, b dehwy A&ta& da(serd hom bm 13 U Y" R YES, WlW &ikmy eddrem tk-k--. D No " i n. � *d M 0 Papbtmd a" art+ lA vt toe wWftlhjA4M c' 0 tm a blas 0 C=- C 3 C 4. ROWdAd OWWO OEM POO C3 YM CD inns, ninn 0002 0'935 2087 mo cam a • 0939 2aA7 number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall be considered part of the re- quirements of this code to the prescnbed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoptions of this code shall be per- mitted to continue without change, except as is specifically I covered in this code, or the Mrida F'ire.i'• mention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufacurred building does not constitute an alteration, (2) Arelocated building shall comply with wind speed requu+e- ments of the new, location, using the appropriate wind speed map. If the existing building was manuf Ictused in compliance With the Swndmd Building! Code (prior to March 1, 2002), the wind speed tan Of:the. =dard Ba ing Code shall be appii- cable. if the CXisdgbuf+d ngwas manaf!actured in umpliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. t SECTION 103 Reserved SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1-104.8 Reserved. 1045 Approved materinie and equipment. Materials, equip- ment and devices approved by the building official shall be constructed and installed in accordance with such approvaL 104.9,1 Used materials and egnipmentr The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall - not be reused unless approved by the building, officiaL 104.10 Reserved. 104.11 Alternative materials, design and methods of con - auction and equipment, The provisions of this code are not intended to prevent the installation of any material or to pro- hibit any design or method of construction not specifically pre- scribed by this code, provided that any such alterative has been approved, An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is saEtisftctory and complies with the inaant of the provisions of this code, and that the materia], method or work offered is, for the purpose intended, at least the 105.1.2 Annual permit records. The person to whom an equivalent of that prescribed in this code las quality, strength, of annual permit is issued shall keep a detailed record of alter- fecti encs, fire resistance, durability and safety. When alter- ations made under such aamual permit. The building official nate life safety systems are designed, the SFPE Engineering shat] have access to such records at all times or such records. Guide to Performance -Based Fire Protection Anal ysis indite- shall be filed with the building official as designated. FLORIDA BUILDING CODE — BUILDING I EXHIBIT ADMINISTRATION .sign of Buildings, or other methods approved by the building official may be used. The building official shall require than sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative, 104.11.1 Research reports, Supporting dam where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Testa. Whenever there is insotficient evidence of compliance with the provisions of this code, or evidence $rat a materiel or method does not conform to the requ,ir+e- ments of this code, or in order to substantiate claims for al- ternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test .methods shall be as specified in this code or by other recognized test standards. In the absence of re+cognid ,arid accepted test methods, tate building official shall approve the testing pro- eedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building offi- cial for the period required for retention of public records. 104.11-3 Accessibility. Alternative designs and. technalo- ges ifor providi^_g a= --u to, Arid ursability of it fac:l:* persons with �..sab�ities shall be in accordnce with Sec--= 1122. SECTION 105 PERMITS 105.1 Requ$ed. Any owner or authorized agent who Mends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, instals, en- large, alter. repair, remove, convert or replace any electrical, gas, mechsnicai or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall fast make application to the building official and obtain the required permit 105.1.1 Annual facility permit. In lieu of ars individual per- mit for each alteration to an existing electrical, gas, mmhan- ical, plumbing or interior nonstructural office "em(s)„ the building official is authorized to issue an annual. permit for any occupancy to facilitate routine or enmerMcy service, repair, ref ubishing, minor renovations of service systems or equipment installationsJrelocat ons. The building official shall be notified of major changes and shall retain the right to, intake inspections at, the facility site as deemed necessary. An annual facility permit shall he as- sessed with an annual fee and shall, be valid for one year from date of issuance. A. separate permit shall be obtained for each facility and for each constriction trade, as applica- ble. The permit application shall contain a general descriiip- tion of the parameters of work intended to be pmforrued during the year.. ADMINISTRATION 105.1.3 Food permit As per Section 500.12, Florida Stat- utes, a food permit from. the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail atone. 105.2 Work exempt &0m permit Exemptions from permit requirements of this node shall not be deemed to grant authori- 21tion for any work to be done in any manner in violation of the II provisions of this code. Permits shall not be required for the fol- lowing: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter ap- proval of equipment or make such equipment unsafe. Mechanical; 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit, 4. Steam, hoot or chilled water piping witbin any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its ap- pm val cr make it unsafe. 6. Portable evaporativecooler. 7. Self-contained refrigeration system containing 10 Pounds (4.54 kg) or less ofrei m"Int and actuated by motors of I horsepower (746W) 4; less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: I . The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed P► drain Pipe, water, soil, waste or vent pipe be- comes defective and it becomes neceswry to remove and replace the same with new rttaterial, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstal- lation of water closets, provided such repairs do not involve or require the replacement or rearrangement Of valves, pipes or fixtures, 105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next wodC ng business day to the building official. 105.2.2 Minor repairs. ordinary minor repairs may be Made with the approval, of the building official without a p Wit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cut- ting of any structural beast or load-bearing support or the removal or change of any required means of egress, or rear- rangement of parts of a structure affecting 6e egress re- quirvments; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation r of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wir- ing systems- or mechanical equipment or other work affect - mg public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Reserved. 1053 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form famished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscritbed with the date of applies- tion, and the code in effect as of that date. For a buildingp amat for which an application is submitted.prior to the effective date of the Florida. Building Code, the state minimum building code in effect in the Palm"jurisdiction on the date ofthe applica- tion governs the permitted work for the life of the permit and any extension granted to the permit. 1053.1 Action on applicatloiL The building official 4MM examine or cause to be examined applications for permits and amendmeats thereto 7- a ale time after fil- e, L-,-, If time Vp, -_ fiction documents do not Q- ..a.auu or � conform to the requirem encs of pertinent laws, the buildrag official shall reject such application in writing, stadng the reasons therefor. If the building official is satisfied that the proposed work coaforns to the requirements of this code and laws and ordinances applicable thereto, the building of- ficial shall issue a permit therefor as soon as practicable. When authorized through contractual agreement with. a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or'educational facility. 105.3,1..1 If a state university, state community college or public school district elects to use a local goveamment,a code enforcement offices, feescharged by counties and municipalities for enforcement of the Florida Building Code on buildings, strictures, and facilities of state uni- versities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure com- pliance with the code. 1053.1.2 No permit may be issued for any building con- strvctiM erection, alteration, modification, repair, or ad- dition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the fol- lowing documents which apply to the construction for which the permit is to be issued and which shall be pre- pared by or under the direction of an engineer registered under Chapter 471, Florida Stahrtes: 1. Electrical documents for any new building or addi- tion which requires an aggregate service capacity of 600 amperes (244 volts) or more on a residential electrical system or 804 amperes (240 volts) dr more on a commercial or industrial electrical sys- tem and which costs more than $50,000. ADMINISTRATION 4. Amual maintenance permits S. Prototype plans Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver. 6. Manufactured buildings plan except for foim- dations and modifications ofbuildings on site. 106.4 Amended construction documents. Weak shall be in- stalled in accordance with the approved construction docu- ments, and any changes made dazing construction, that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 106.5 Retention of construction documents. One set of ap- proved construction documents shall be retained by the build- ing official for a period of not less than 180 days from date of completion of the permitted work, or as required by Florida Statutes. 106.6 Affidavits. "The building official may accept a sworn af- fidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings andstructures. the affidavit shall sta.e* the plans corm urm to the laws as to egress, type of c-_=: =;jon=d genera; arrange. mens and, if accompanied by dxacwings,"show the structural de- sign and that the plana and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building officW may without Ay examination or inspection accept such affidavit, provided the architect or engi- neer who made such affidavit agrees to submit to the building Official copies of inspection reports as inspections are per- formed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a Caff=fum that the struc- Wm, electrical, gas, mechanical or plumbing system has been erected in accordance with the rests of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall Umne full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensLme that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person, conducting inspections is qualified as a build- ing inspector underPahXIl ofChapter 468, Florida Statutes. SECTION 107 TEMPORARY STRUCTURES AND USES 107.1 General. The building official is authorized to issue a Permit for temporary structures and temporary uses. Such per. mits shall be limited as to time of service, but shall not be per- mitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structs -es and uses shall con- form to the structural strength;, .fire safety, means of egress,, ac- cessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and gen- eral welfare. 1'.10 1073 Temporary power. The building official is authorized, to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been is- sued- The part covered by the temporary certificate shall. com- Ply with the requirements specified fortemporary lighting, heat orpowerin Cbapter 7ofthe.0oridaBuildingCode Building. 107.4 Termination of approval. The building official is au- thorized to terminate such permit fbr a temporary structure or use and to order the temporary structure or use to be discontin- ned. SECTION 108 FEES 108.1 Prescribed fees. Apermit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have been paid- Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas Systems, has been paid. 108.2 Schedule of permit fees. On buildings, structurm, elen- tti:,aL gas, mechanrca1, and plunbmg systems or alteratiow re- qumh g a pew,, a fee for each permit snail be paid as req=e , in accordance with the schedule as established by the appl ca. bre governing authority. 1083 Reserved., 108.4 Work commencing before permit issuance. Any person who com ra=ces any work on a bu:Uding, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shalt be subject to a penalty of 100 percent of the usual permit fee in ad- dition to the required permit fees. 1085 Reserved 108.6 Reserved, SECTION 109 INSPECTIONS 109.1 General. Construction or work for which a permit is re- quired shall be subject to inspection by the building official and such construction or work shall remain accessible gad exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a viola- tion of the provisions of this code or of other ordinances ofthe ju- risdiction- Inspections presuming to give authority to violate or cancel the provisions ofthis code or ofother ordinances ofthe ju- risdiction shell not be valid It shall be the duty of the permit ap- plicant to cause the work to remain accessible and exposed for *Pection purposes. Neither the building official nor the juris- diction shall be liable for expense entailed in the removal or re- placement of any material required to allow inspection. 109.2 PreUmimary inspection. Before issuing a permit, the building official is authorized to examine or cause to be exam- ined buildings, structures and sites for which an application has been filed. 109.3 Required inspections. The building official upon notif - cation from the permit holder or his or her agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall de- termine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection. To be made atter trenches are excavated and forms erected and shall at a minimum include the following building components: • Stem -wait •Monolithic slab -on -grade • Piling/pile caps •Footers/grade beams 2. Framing inspection To be made after the roof, all f thing, ftreblockitg and bracing .is in place, all con - g wiring, all Pte, chimneys, ducts and vents are complete and shall at a minimum include the fol- lowing building components: • Window/door framing Vt Lcal =`columns * Lzitelite beams • Frawning!trusses/bracing/cormectors •Draft stopping/fin blocking • Curtain, wall framing *Energy insulation t • Accessibility. 3. Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and &steners are complete and shall at a minimum include the'following building components: • Roof sheathing • Wall sheathing • Sheathing fasteners • Rooflwall dry -in - 4. hoofing inspection. Shall at a minimum include the following building components: • Dry -in •Insulation • Roof coverings • Flashing Final inspection- To be made after the building is completed and ready for occupancy, Swimming pool inspection- First inspectiozi to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the swimming pool is complete and all required enclosure require- ments are in place. In order to pass finial inspection and receive a mT f- icate of completion, a residential swimming pool 1=1 mina 01111 n[KIdl- `Wane .. -1.1^ ADMINISTRATION must meet the requirements relating to pool safety features as described in Section 424.2.17, 7. Demolition inspections. Fust inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsani- tary conditions shall exit during or after demolition operations. Final inspection to be made after all demolition work is, completed 8. Manufactured building inspections. The building de- partment shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, j oining the modules, including utility crossovers; utility con nectons from the building to utility lines on site; and any other work done on site which requires compli- ance with the Florida Building Code. Additional in- spections may be required for .public educational facilities (see Section 423.27.20). Electrical 1. Underground inspection. To be made after tranches or ditches are excavated, mit or ca- hlc treses lied,, and befbm any backfM is put in pa --- 2. at -=2. Rough -in inspection. To be made after the roof; finning, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all required electrical fixbzw are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping in- stalled, nstalled, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof; framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing frartn.rres are in place and properly connected, and the swactu a is ready for occupancy. Note: See Section P312 of the Florida Building Code, Phanbbrg for required tests. Mechanical Underground inspection. To be made ager trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed compo - ADMINISTRATION Rents are complete, and prior to the installation of wall, or ceiling m=brancs. I Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupaaay. Gas 1. Rough Piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures, or gas ap- pliances have been cmumected, 2. Final piping inspection: To be made after all piping authorized by the per7mit has been in- stalled and after all portions which are to be concealed by plastering or otherwise havo been so concealed, and before any furca or gas ap- pliances have been connected. This inspection shall include a pressure task, I Final inspection. To be made on all new gas work authored by the permit and such por- tions of existing systrma as may be affected by new work or an changes, to enure co w .h aL the . , , of this code and to as- sure that the installation and construction of the gas system is in accordance with reviewed plans. 1093.1 Reserved. 109.3.2 Reserved. 109,33 Reinforcing steel and, structural framet. Reiu- forcing steel or structural frtrme work of any part of any building or structure shalt not be covered or concealed with- out first obtaining a release from the building off ciaL .109.3.4 Termites. Building components and building sur- roundings required to be protected from temtite damage in accordance with Section 1503.6, Section 2304.13 or Sec- tion 2304.11.6, specifically required to be inspected for ter- mites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 1.09.35 Shoring. For threshold buildings, shoring and asso- ciated formwork or falsework shall be designed and m- spected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building in$P�tor- 1093.6 Threshold boding. 109.3.6.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural in- spection plant roust be submitted to the enforcing agency Prior to the issuance of a building permit for the construc. tion of a thresho Id building. The purpose of the structural inspection plans is to provide specific inspection pmee- dures and schedules so that the building can be ade- quately inspected for compliance with the permitted doc- uments. 1093.6.2 The special inspector shall inspect the shoring and reshoring for conformance to the shoring and reshoring plans submitted to the enforcing agency: A fee simple title owner of a building; which docs not tweet the minimum size, height, occupancy, occupancy classifica_ tion or number -of -stories criteria which would result in classification as a threshold building gander Section 553.71(7) Florida Statutes, May designate such building as a threshold building, subject to more than the mini- ms number of inspections required by the Flarlda Building Cade, Buikung. 109.3.6.3 The fee owner of a threshold building shall se= lett and pay all costs of employing a special inspector, but the special inspector shall be mspo=-ble to the en- forcement agency. The inspector shall be a person card- fied, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect 1093.6.4 Each enforcement agmcy slmll require dU4 on every th ole brdlding: 1093.6.4.1 The special inspector, upon completion of the building, and prior to the issuance of cerlif rate of occupancy, file a signed and sealed alltemesnt with the enforcement agency in substantially the following form: "To the best of my knowledge and belief" the above described construction of all structural load-bearing components complies with the pem ut- ted documents, and the shoring and reshoring con- forms to the shoring and reshoring plans submitted to the enforcement ageacy." 1093,6.4.2 Any proposal to install an alternate struc- tural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and trade part of the en- forcemeat agency's recorded set of permit docu- meats. 109.3.6A.3 All shoring and reshoring procedum, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring doc- uments by the contmdor.. 109.3.6.4.4 A.U. plans, for the building which are re- quired to be signed and sealed by the architect orengi- neer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire -safety stan- dards as determined by the local authority in accor- dance* with this section, and Chapter 633, Florida Statutes. 1093.6.5 No enforcing agency may issue a building per- mit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed budding contractor, as defined in Section 489,105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, Management and control of the construction activities on the project for which the building permit was issued. 1093.6.6 The building department may allow a special inspector to conduct the minimum structural inspection Of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is re- sponsuble for ensuring that any person conducting in- spections is qualified as a building inspector under part )M OfChapter 468, Florida Statutes, or certified as a spe- cial;inspector under Chapter471 or481, Florida Statutes. Inspections of threshold buildings required, by Section 553.79(5), Florida Statutes, are in addition to the mini- mum inspections required by this code. 10$3.7 Reserved 1093.8 Reserved. 109.3.9 Reserved. 1093,10 Reserved:. 109.4 Reserved. 109.5 Impection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify tho building official when work is ready for iraection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required,.. Work shall not be dove beyond the point indicated in each successive inspection without first ob- taining the approval of the building official. Tle building offi- cial, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the build- ing official. SECTION 110 CERTIFICATE OF OCCUPANCY 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of oc- cupancytherefor as provided herein. Issuance of certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Cortificate Issued. After the building official: inspects the building or structure and finds no violations of the provi- sions of this code or other laws that are enforced by the depart- ment of building safety, the building official shall issue a certificate of occupancy that contains the following; ADMINISTRATION 1. The bu>7ding permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5, A statement that the described portion, of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division ofoc- aupancy and the use for which the proposed occupancy is c miffed 6. The name of the building official. 7. The edition, of the code under which the permit was is- sued- 8. s-sued.8. The use and occupancy, in accordance with the provi- aions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building pmait 1103 Temporary occupancy., dile building official Ls autho- rized to issue a tempora y certificate of occupancy before the completion of the entire work covered by the peraaik, provided that such portion or portions shall be occupied safely. The building Official shall set a time period during which the tem- porary certificate of occupancy is valid. 110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued k error, or on the basis of incorrect infor- mation supplied, ormhere it is determined that the building or or portion thereof is in violation of any Ordinance or regulation or any of the provisions of this code. SECTION. 111 SERVICE UTILITIES 1111 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required,, until, released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source ofenergy, fuel orpower. 11-13 Authority to disconnect service uetititfes. The btOiding official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of'emergency where necessary to eliminate an immediate hazard to life or perry. The building official shall notify the serving utility, and wher- everpossible the owner and occupy nr of the building, sic ire or service system of the decision to disconnect prior to taking such action. Unot notified prior to disconnecting, the owner or occupant of the building, strucnrre or service system shall be notified in writing, as soon as practical thereafter. FLORIDA BUILDING CODE BUILDING 1 4-2 ADMINISTRATION SECTION 112 Reserved SECTION 113 Reserved SECTION 114 STOP WORK ORDER 114,1 Authority, Whenever the btalding official finds any work regulated by this code being perfoumed in a mam ar either contrary to the provisions of this code or danger or safe, the building official is authorized to is= a stop work order. 114.3 Issuance. The atop work order Ghali be in 'writing and shall be given to the owner of the property .involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work &hall hmetdiately cease. The stop work order shall state the reason for the orders and the conditions under which the cited work will be permitted to re- sume. 1143 Z3a11wful conthnnanm Any person who ahail continue any work air having been served with a .stop work order, ea- Vt sacs =yk as diatperson is directed ro pe rf oLm to remove z violadcn or unsafe condition, shall be subject m penattLes as press❑'bed by law. SECTION 115 Reserved _~ �//.°� \ \«: :«§ / . � \ . r/ � . ; 3 . « r ^; \ :� � \ i OR R 1 f� �. is .. . ..... . r �r ,r m C9" Mr, r r hod, - � r �t ae ww, i 'r Y Y, r P A M r m r k Y r ✓r F � w W qq p d Tv A a fjA &P t1A e w n ww. a r rm.r fl,: oa �,q�• y', y �J qm I fir• �b� d taw"414 IN THE CIRCUIT COUNT OF THE EIGHTEENTH JUDICIAL CIRCUM_ IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. 05-2007-CA-006810-XXXX-XX CITY OF CAPE CANAVERAL, a Florida municipal corporation, Plaintiff, V. HANS SAURENMAN=N and MARIANNE SAURENMANN, husband and wife, Defendants. TEMPORARY INJUNCTION This matter came before the Court at a duly noboed hearing on August 14, 2007, on the City of Cape Canaveral's Motion for Temporary injunction, and the Court having reviewed the motion, having taken testimony, and having considered arguments of counsel for Plaintiff and Defendants, the Court finds as follows: 1. Defendants, Hans and Marianne Saurenmann, own the property at 349 Coral Drive, Cape Canaveral, Florida; 2. Construction has occurred at the subject property and the construction activities were not permitted nor property inspected by the building official, 3. Pursuant to section 553.83, Florida Statutes (2006), and the testimony provided at the hearing, permits and inspections would be required. The permits and inspections were not obtained by Defendants and the City has no adequate remedy at -law and irreparable injury is presumed. 4. The Court dispenses with the requirement of a bond. EXHIBIT 1 C.00 - 5. Defendants are hereby enjoined from further construction activities at the subject property. 6. This injunction shall remain in full force and effect until further order of this Court. DONE AND ORDERED in Chambers at Brevard County, Florida, this day of Past, 2007. Honorable Bruce j"cobus Circuit Judge / Copies f.rishec+ tc: Debra S. Babb-Nutcher, Esquire Burton J. Green, Esquire IN THE CIRCUIT COURT IN AND FOR BREVARD COUNTY, FLORIDA CITY OF CAPE CANAVERAL, a Florida municipal corporation, Plaintiff, Case No. 05-2007-CA-006810-XXXX-XX V. MANS SAURENMANN and MARIANNE SAURENMANN, husband and wife, Defendants. ANSWER AND COUNTER -CLAIM Defendants, by and through undersigned counsel, answers the complaint as follows: Admits the allegations of paragraphs 1, 2., 3, 8 2. Denies the allegations of the first two sentences of paragraph 4. Defendants move to strike the third sentence thereof as an improper attempt to incorporate an hearsay statement and as not being allegations ofmaterial fact, or alternatively, as being an improper method ofsetting forth material allegations of fact in a complaint in a form in that does not permit an appropriate responsive pleading thereto. 3. Denies the allegations of paragraphs 5, 10, 13, 14, 16, 17, 19 4. As to paragraph 7, denies the allegations of the first sentence; admits the allegations of the second and third sentences therein; and is without sufficient information to admitor deny the remaining allegations of said paragraph and demands strict proof thereof. 5. As to paragraph 9, admits the allegations of the first two sentences and is without sufficient information to admit ordenythe remaining allegations of said paragraph and demands strict proofthereof. 6. As to paragraphs 6, 11, 12,15, 18 and 29, defendants are without sufficient information to admit or deny the allegations of said paragraphs hnd demands strict proof thereof. AFFIRMATIVE DEFENSE 7. Defendants would allege that the legal title to the property that is the subject of the alleged violation is located at 349 Coral Drive, Cape Canaveral, Florida was at all material times, and is now, owned as a marital unit by Hans Saurenrrtann and Marianne Saurenmann as husband and wife. The legal entitythat owns said property therefore is the marital unit and not either Hans Saurenmann or Marianne Saurenmann in an individual capacity. Plaintiff served its February 5, 2007 notice of violation in its case No. 2007-00018 on defendant, Hans Saurenmann in his individual capacity. Marianne Saurenmann was not served with the notice of violation nor was service made on the marital entirety unit. The notice of hearing on the a]leged violation was again only served onHansSaurenmann individual ly and was not served on Marianne Saturenmann or the entireties marital unit. The order off ebruary 22, 2007 on which this action is based is an order entered against only Hans Saurenmann individually and not against Marianne Saurenmann or the entireties marital estate. Marianne Saurenmann did not appoint Hans Saurenmann to accept service of any process from the Cityof Cape Canaveral on her behalfeither individually or as part ofthe entireties marital unit. Based upon it's service of process on Hans Saurenmann only in his individual capacity, the initial service of process and the hearing conducted before the Code Enforcement Board on February 22, 2007, the City of Cape Canaveral did not obtain jurisdiction on the owner of the subject property and it's order of February 22, 2007, is null and void and therefore unenforceable. COUNTER -COMPLAINT COUNT I - COMPLAINT FOR DECLARATORY JUDGMENT The Defendants/Counter-Plaintiffs, Hans Saurenmann and Marianne Saurenmann, husband and wife,, (hereafter referred to as "Saurenmann') sue the Plaintiff/Counter-Defendant, Cityof Cape Canaveral (hereafter referred to as "City"), and alleges: (2006). 1. This is an action for declaratoryjudgment and reliefpursuant to Chapter 86, Florida Statutes 2. At all material times hereto Hans Saurenmann and Marianne Saurenmann were, and are now, husband and wife. 3. Saurenmann now, and at all material times hereto, owns the following described property located within the city limits of the City, described as follows and hereafter referred to as Lot 23, which is included in the platting ofHarborHeights, Second Additiom legal description attached hereto as Exhibit A 4. The City is a Florida municipal corporation located in Brevard County, Florida. The City was originally granted a ten foot utility easement (hereafter "easement") that burdened several lots in the subdivision, including Lot 23. This easement was established by dedication under various plats ofthe subdivision, including that ofHarbor Heights, Second Addition. According to the plat, the easement appears to burden the southern most 10 foot portion of Lot 23. 6. The Cityhas never used the easement and has taken legal actions that Saurenmman believes constitutes an abandonment of the entire easement including that portion of the easement that the City no%v claims still burdens Lot 23. 7. Saurenmann believes that the City has permitted other property owners whose lots are also burdened by the easement to erect pernianent structures over the easement on those property owner's lots. S. To the extent that the easement still burdens Saurenmanns property it serves no purpose as it can not be used by the City for any purpose. 9. Saurenmann desires to refuse to permit the City on its property for purposes of exercising any claim of right based on the easement but are unsure whether they have an actual legal right to do and remain uncertain as to whether the City still retains the easement over Lot 23. 10. The City has refused Saurenmann's request to officially vacate that portion ofthe easement that nuts through Saurenmann's property although Saurernmarut believes that the City has officially vacated the easement as to all other lots originally burdened by it. It. The City claims that the easement as to Saurenmann's property is still valid and enforceable and that Saurenmann is not permitted to place any permanent construction on that portion of their land without expressly obtainirig permission from the City to do so. The City has threatened Saurenmann with legal action If Saurenmann attempts to restrict the City's use of the easement. 12. in order for Saurenmann to be able to use his property without interference from the City it is necessary to have the legal existence of the easement judicially determined. 13. By reason of the premises, Saurenmann is in doubt as to the nature of its full and unburdened fee ownership of Lot 23 and of its right to use the property unburdened by the easement claim of the City thereto, and thereforethere is an actual, bona fide dispute with reference to whether the City continues to have a valid easement that burdens Saurenmann's property which requires a judicial declaration as to such right. 14. Saurerunann has been required to obtain the services of an attorney to bring this action and has obligated itself to pay a reasonable attorney's fee for such services. WHEREFORE, the Saurenmann prays that Court take jurisdiction of this matter and: determine the rights, duties, status, and other legal relationship between the parties as to the property and the easement, b. Award the Saurenmann attorneys's fees and the costs of bringing this suit. Grant such other and further relief as may be meet and proper in the premises. COUNT II - COMPLAINT TO VACATE EASEMENT The Defendants/Counter-Plaintiffs, Hans Saurenmann and Marianne Saurerunann, husband and wife, (hereafter referred to as "Saurenmann' ) sue the Plaintiff/Counter-Defendant, City of Cape Canaveral (hereafter referred to as "City"), and alleges: 15. This is an action to vacate an easement on real property located in Brevard County, Florida. This court has jurisdiction over this action and the parties and venue is proper in this court. 16. Saurenmann re -alleges and incorporates by reference the allegations of paragraphs 2, 3, 4, 5, 6, 7, 10 and 1 l . 17. The City's actions have amounted to a legal abandonment of the easement. However, to the extent that the City may still retain a valid easement on Lot 23, said easement serves no valid purpose and cannot be used by the City for any valid purpose. 18. The burden of the easement on Sau-renmann's property senses no other purpose but to diminish the value of the property. Wherefore Saureurtann prays that the court vacate the utility easement retained by the City on Sauremnarul's property. COUNT III - TRESPASS 5 The Defendants/Counter-Plaintiffs, Hans Saurenmann and Marianne Saurenmann, husband and wife, (hereafter referred to as "Saurenmann") sue the Plaint i MCounter-Defendant, City of Cape Canaveral (hereafter referred to as "City"), and alleges: 19. This is an action for trespass and damages to real property. This court has jurisdiction of the subject matter and the parties. Venue is in Brevard County, Florida because the subject property lies in Brevard County, Florida. 4. 20. Saurenmann re -alleges and incorporates by reference the allegations ofparagraphs 2,3 and 21. Byaquitclaim deed dated April I t,1978, recorded at Book 1873, Page 333, in the public records of Brevard County, Florida, the City quit -claimed to Saurnemanns predecessors in title, George W. Wolever and Martha Wol ever, a 20' portion ofproperty (hereafter "the property") tying south of and adjacent to Lot 23. By virtue of the chain of title the Saurenmanns are now the owners of that property. 22. The City has trespassed on the property and without permission placed underground water and waste lines, and maybe other utility lines. Such actions constitutes a continuous trespass to the property, 23. The City's use of Saurenmanns property�vithout the permission of the property owner is an illegal entry on the property and the installation of any underground utilities was done without benefit ofright or law. 24. By its actions the City is committing a continuous interference with Saurennlann's use of the property and diminishes the value of the property. 25. Sattrenmann has been required to obtain the services of an attorney to bring this action and D has obligated itself to pay a reasonable attorney's fee for such services. Wherefore Saurenmann demands damages, including an order directing that the City remove any illegal underground water and waste lines and any other utility lines placed thereby the City, and that the City pay Saurenmann's attorney's fees and costs. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct c pyhereofwas served by HAND -DELIVERY this December 20, 2007, on: Debra S. Babb-Nutcher, of Brown, Garganese, Weiss & D'Agresta, P.A., attorney for plaintiff, P.O. Box 2873, Orlando, FL 32802-2873. .<z /4ft4 4,4et—, Burton J. Gr Fla Bar No. 199389 43.S. Atlantic rove. Cocoa Beach, FL 32931 tel: 321784-4957 fax: 321784-3505 I EASEMENT EXHIBIT LOT 23, HARBOR HEIGHTS CAPE CANAVERAL, FLORIDA ---.,.CORAL DRIVE A!PHALrPAVCVAMT RAPW7 IrMX City of Cape Canaveral City Council Agenda Form City Council Meeting Date: May 5, 2009 Subject: Consideration: Approval of Oral History Project Change Order in the amount of $12,000 Department: Administration/City Manager Summary: As a result of the April 7th workshop meeting with David Stanley, Producer, DA1Vid Productions, council gave tentative approval of the additional work for Tasks #2 and #3 as outlined in the attached change orders. Requested Council Action: mm,_.... ..,.,,,,.,.... City Council approve Change Orders #2 and #3 totaling $12,000 bringing the total video project cost to $33,000 Financial impact: $12,000 to be appropriated from General Fund Reserves Attachments: xo Supporting Documents Reviewed Change Orders #2 and #3 Submitting Department Head: Date: Approved by City Manager: Date:, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUki m\m ydocume nts\adminlco u n ci i\mee ting120o9105-05-o9\h istory. do c City Of Cape Canaveral Oral History Project ACCT#001-001-51 l -480000 PO#0000064. Change Order for TASK Q. Council Members and City Residents of Cape Canaveral, This letter is to request a change order for Task 42 in the Oral History Project. The original estimate for this task was to gather 10 hours of footage including interviews and supporting footage. We have far exceeded those hours and at present DA\Vial Productions has captured a total of 28 hours of total interviews. I am requesting addition funds to be able to acquire 3 more interviews to fill in the gaps in this historical presentation. The interviews I would like to capture are: Joan Calvert - Past Council Person Joy Salarnone —Past Council Person and Mayor John Pekar - Engineer with Stottler Stagg and Long time Cape Canaveral Resident. I believe these interviews are very important to this project. I also would like to shoot additional footage of the city to better visualize the historical stories that are being told. I had planned on using part of the original budget for Task #2 to cover that expense but with the amount of interviews shot I am requesting additional funds for these activities as well. I have estimated that this cost would be in the range of $1500.00 to $2000.00 for Task #2. Sincerely, David Stanley Producer DA\Vid Productions 457 Skylark Blvd. Satellite Beach, Florida 32937 City Of Cape Canaveral Oral History Project ACCT#001-001-511-480000 P040000064. Change Order for TASK 43. Council Members and City Residents of Cape Canaveral, This letter is to request a change order for Task #3 in the Oral History Project. The original estimate for this task was to edit 10 hours of footage including interviews and supporting footage. We have far exceeded those hours and at present DA\Vid Productions has captured a total of 28 hours of total interviews and 5 hours of supporting footage. I am requesting addition funds to be able to complete this project. The amount of subject matter and extent of your cities history has defined the scope of this project. As I discussed in the workshop on April 7'h, you have an opportunity to give your community a great historical project visually, informatively and extremely entertaining as well. DA\Vid Productions will continue to work on the specific subject matter pertaining to the city and its historical data. Because of the scope and depth of the historical significance your city has to the area known as Cape Canaveral that scope and depth could add significant historical value to your cities history. I have estimated that the cost to complete this video could range from $8,000 to $12,000 for completing Task #3. This estimate is based on my original estimate: 10 hours of footage shot @ 14,000.00 Median (estimate 7,000 — 21 ,000) to shot/edit into final project = Cost per Hour of footage shot 1400.00. 28 hours of footage shot @ 1400.00 Cost per Hour of Footage Shot = $39,000.00. Task #1 $5000.00 Task #2 $6000.00 + 2000.00 = $8000.00 Task #3 $10.000.00 + $10000 =— $20,000.00 Total cost $33,000.00 Sincerely, David Stanley Producer DA\Vid Productions 457 Skylark Blvd. Satellite Beach, Florida 32937 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: MAY 5, 2009 Subject: Discussion: Charter Review Committee Schedule Department: City Clerk _........... Summary: On March 17, 2009 City Council adopted Resolution No. 2009-06 establishing a Charter Review Committee. As requested by City Council, the City Clerk has provided a tentative work schedule for City Council's consideration. Requested Council Action: Adopt the Charter Review Committee Tentative Work Schedule. _ ............ ........................ Financial Impact: City Clerk and City Attorney time in support of the Charter Review Committee. Attachments: xo Supporting Documents Reviewed Tentative Schedule Resolution No. 2009-06 Submitting Department Head: Date: Approved by City Manager: Date: Z��5 City Council Action: [ ] A roved s Recommended [ ] Disapproved [ ] Approved with Modifications j ] Tabled to Time Certain cape- n tkk imWyd ocume n ts\a d m i nlcou nci lUneeti ng\2 009\05-05-09\2009-06 Charter Review Committee Tentative Work Schedule Election .......... . ........ Electorate votes on the Proposed Charter Amendments, November 2, 2010 Week of: Referendum Publish ng dates in the New 11 occur October 11th and in the 3`d and Stn Week prior to the Election September 27th City Council Second Public .......... ..... Hearing and Reading - Regular Meeting Last meeting date for the City Council to adopt the Ordinance to September 21s' place the reviews on the ballot ._ ... ......... City Council w... .... First Public Hearing and Reading Regular Meeting September 7th City Council The City Council Considers the Revised Charter Amendments. If Workshop they wish to place the Proposed Charter changes on the Meeting November 2010 ballot, an Ordinance is required for First August 24th and/or Reading. The City Council shall then vote on item -by -item, to 26th include, delete, or modify each proposed Charter amendment for the November 2010 ballot. City Council The City Council holds Work Sessions(s) to evaluate the Work Sessions Proposed Charter Amendments. AuPust 51h and/or 12' City Council Presentation by CRC and Public input on the proposed r ''"..."........ eviews to Workshop the Charter on an item -by -item basis. Meeting July 27 h or July 29th Date should not conflict with the Budget Workshop Meetings July 20 Com a mittee submits the Revised Charter, n an Ordinance form, City Council reflecting language to appear on the ballot, to the City Manager Regular Meeting and City Attorney for submittal to the City Council. June, 2009 Committee can select from any Thursday with the exception of through the day of the Code Enforcement Board Meetings. June, 2010 Committee will meet once per month, excluding December. June 4, 2009 Committee is established and adopts its rules of operation. RESOLUTION NO. 2009-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A CHARTER REVIEW COMMITTEE, SETTING FORTH THE PURPOSE, APPOINTMENT OF MEMBERS AND BASIC PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council last created a Charter Review Committee in 1993 to consider Charter Amendments related to, Nepotism, for recommendation to the City Council; and WHEREAS, the City's electorate voted on these proposed amendments in 1994; and WHEREAS, the City Council finds that periodic review and review of the Charter is advisable and in the best interest of the citizenry in that it provides for an efficient and effective Charter in order to address changing conditions; and WHEREAS, the City Council finds that creating and establishing a Charter Review Committee to make findings and bring recommendations to the City Council for possible amendment is in the best interest of the citizens of Cape Canaveral; and WHEREAS, the City Council desires input on proposed Charter Amendments from a broad range of residents. NOW THEREFORE BE IT RESOLVED, BY THE City Council of the City of Cape Canaveral, Florida , as follows: SECTION 1. Establishment. • A Committee to be known as the Charter Review Committee, (hereinafter "CRC") shall be comprised of ten (10) individuals {or a number so approved by the City Council) each of whom shall be a permanent resident of the City of Cape Canaveral, Florida. • The City Council shall review, discuss, agree upon and appoint the CRC members. The Council shall make every effort to assure that the diversity of the community is represented on the CRC. • Appointments, upon application, shall be for a term starting , 2009 and ending I — 2010 [Inclusive Dates]. City of Cape Canaveral, Florida Resolution No. 2009-06 Establishing a Charter Review Committee Page 2 of 4 • CRC members can be removed by a simple majority vote of the City Council for any act of malfeasance as defined in the Florida State Statutes. • The CRC shall appoint a Chairperson and Vice -Chairperson from among its members, and establish procedures for the conduct of its meetings. SECTION 2. Mission Statement. The Mission of the Charter Review Committee is to review the City Charter of the City of Cape Canaveral and to make recommendations to the City Council on the proposed amendments to the Charter. SECTION 3. Rules of Operation and Staff Support. • All Meetings shall be held in accordance with Roberts' Rules of Order and comply with Chapter 286 of the Florida Sunshine Law related to meetings. • The Committee shall meet once monthly commencing on [Insert Date]. • The City Clerk's Office shall provide Administrative Support to the CRC. • The City will also provide the CRC with legal services as needed. • Six (6) attending members shall constitute a quorum. SECTION 4. Objectives. The initial objectives of the Committee are as follows: • Review the City Charter • Solicit input on the proposed Charter from the residents, businesses, civic organizations, citizens groups, and City Staff, Legal Staff, City Boards, and City Council members. Study various other municipal Charters and the National Model Cities Model Charter, 80' Edition. • Make recommendations to the City Council for the proposed Charter amendments. City of Crape Canaveral, Florida Resolution No. 2009-06 Establishing a Charter Review Committee Page 3 of 4 SECTION 5. Milestones The anticipated Milestones of the Charter Review Committee are as follows: [Insert Date] Committee is established and adopts its rules of operation. [Insert Date] Committee reviews the Charter, holds meetings with the public, draft proposed amendment to the Charter seeks Legal advice. [Insert Date] Committee submits the Revised Charter, in an Ordinance form, reflecting language to appear on the ballot, to the City Manager and City Attorney for submittal to the City Council. [Insert Date] City Council hears a presentation by the CRC and public input on the proposed reviews to the Charter on an item -by -item basis. • [insert Date] The City Council holds work sessions(s) to evaluate the proposed Charter Amendments. • [Insert Date] The City Council considers the Revised Charter amendments. If they wish to place the Proposed Charter changes on the November 2010 ballot, an Ordinance is required for First Reading. The City Council shall then vote on item -by -item, to include, delete, or modify each proposed Charter amendment for the November 2010 ballot. • [Insert Date] Last meeting date for the City Council to adopt the Ordinance on Second Reading and Public Hearing to place the reviews on the ballot. • [Insert Date] Election — electorate votes on the Proposed Charter amendments. SECTION 6. Evolution and Succession. The Charter Review Committee shall, when and as it deems appropriate, make recommendations to the City Council for augmentation, expansion of, or alteration of its mission and constitution as will materially advance the success of the Proposed Charter Review. ADOPTED BY, the City of Cape Canaveral City Council this 171' day of March, 2009. City of Cape Canaveral, Florida Resolution No. 2009-06 Establishing a Charter Review Committee Page 4of4 ATTEST: Approved as to Form: Anthony A. Garganese, City Attorney c1� Rocky Randels, INyor Name For Against Robert Hoog X Buzz Petsos Motion Rocky Randels X Shannon Roberts X Betty Walsh Second City of Cape Canaveral City Council Agenda Form City Council Meeting Date: May 5, 2009 ............................... Subject: Discussion: Edward Byrne Memorial Justice Assistance Grant Program Department: Legislative _..................... Summary: Mayor Randels requested that City Council review and comment on the grant program. Brevard County will be the lead agency grant applicant for the entire $1,143,649 to be divided up with the cities in Brevard County. Requested Council Action: It is anticipated that Cape Canaveral will receive $17,000 that could be used to implement any of the seven Federally approved purpose areas that are listed in the attached program announcement. Staff is seeking City Council's feedback on the use of these funds. Financial Impact: N/A; No match required ................. Attachments: xo Supporting Documents Reviewed FDLE letter dated 04-15-09 Program announcement Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ ]'' pproved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- n t\k imlmyd ocu me n ts\a dm i nlcou nci 11m eeti ng12 00910 5-05-09kju st i ce.d oc FELE Liravv E, r iioti iQ, r'it 4 u ,t Ki N1. &,flley �.crrr�rr�t� �3r�'�rtto�r April 15, 2009 Office of Criminal Justice Grants Pa,,A Office Box 14811 i;:ali tt a;see, Fk.ro;rta 32302-1489 f850J 617-1280 W1'1Uw,Ue.staIe.'i u,s The Honorable Nelson Chuck Chairman, Brevard County Board of Commissioners 2575 N. Courtenay Parkway Merritt Island, Florida 32953 Al x `"'w iK,yina� f ,�r;t r oi, Re: Edward Byrne Memorial Justice Assistance Grant (JAG) Program — American Recovery and Reinvestment Act of 2009 — State Solicitation Dear Chairman Chuck: The Florida Department of (Law (Enforcement (FDLE) anticipates an award from the United States Department of Justice as part of the American Recovery and Reinvestment Act of 2009. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter I I D-9, Florida Administrative Code. These funds are in addition to the standard 2009 JAG Countywide allocation that, when known, will be announced in a separate letter. FDLE has set aside $1,143,649 for use by all units of government within Brevard Com, The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note that the Program Announcement also includes some important program requirements specific to Recovery Act funds, As a -condition of participabon in this rc must reach a consensus concerning the must include the projects to be imp implementation. of government in each ndi iture of these funds. This consensus as well as the agency responsible for such Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service • lotegrily • Respect • Ouaf,y The Honorable Nelson Chuck April 15, 2009 Page Two The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on-line grant management system. Please complete the enclosed Certificate of Participation and return it within 30 days from the date of this correspondence to: Florida Department of Law Enforcement Office of Criminal Justice G=rants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator We look forward to working with you, If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617-1250. Sincerely, YCa JoAVH'_.- �ilder Administrator CHW/JP/lg Enclosures cc: Mayors in Brevard County Law Enforcement Agencies in Brevard County Project Directors in Brevard County PROGRAM ANNOUNCEMENT Edward Byrne Memorial Justice Assistance Grant (JAG") Program American Recovery and Reinvestment Act of 2009 The State of Florida, Department of Law Enforcement (FDS E), anticipates ars award from the United States Department of ,Justice for $81,$37,096 in Justice Assistance Grant (JAG) funds as part of the American Recovery and Reinvestment Act of 2009. A total of $51,996,642 will be passed through, as required, to local units of government. This announcement is to notify eligible applicants of program requirements. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general- purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and' Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime basedon their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed (below. As directed by the Office of Justice Programs, you are encouraged to choose projects that can be started and completed expeditiously and in a manner that maximizes job creation and economic benefits. Applicants should anticipate that awards under the Recovery Act will be one-time awards and should propose project activities and deliverables that can be accomplished without additional JAG funding. 1) Law, enforcement programs 2) Prosecution and court programs ) Prevention and education programs 4) Corrections and' community corrections programs 6) Drug treatment (programs 6) Planning, evaluation,, and technology improvement programs 7) Crime victim and witness Programs Any law enforcement orjustice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Page 1 Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending -order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged, to form a criminal justice coordinating/planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that gleed them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represents at least 51' percent of the population located in said county. MatchRequirements There is no match requirement under the guidelines of the JAG program. Reco ve!y Act Relporting Requirements m The Recovery Act requires that FDLE submit performance and financial reports to the Office of Justice Programs. Subrecipients will be required to certify that they will provide any information required for FDLE to comply with the act. Project Expenditure Reports will be due monthly within 15 days of the end of the reporting period. Performance reports will be due quarterly within 15 days of the end of the reporting period. It is imperative that you submit your reports on time. Receipt of funds will be conting ent on meeting the Recovery Act reporting recigirements. Additional Rgcoyery Act Requirements The Recovery Act includes extensive, specific requirements for grant funding. For additional information about the specific requirements referenced below, please refer to http://w,ww.o,mp.usdoo.gov/recovery/solicitationrecluirements.htm. Central Contractor Registration (CCR) is required. All subgrantees must maintain current registrations in the Central Contractor Registration (CCR) database. Information about registration procedures can be accessed at www.ccr.gov. Certification regarding Infrastructure Investments. Section 1511 of the Recovery Act includes specific requirements for funds that will be used for infrastructure investments. Subgrantees requesting funds for infrastructure investment projects will be required to submit an additional certification to satisfy the requirements of section 151. Buy American. All subgrantees that propose to use grant funds to construct, alter, maintain, or repair a public building or public work should be aware that the Recovery Act (in section 1605) Page 2 contains a "Buy American" provision that applies to iron, steel, and manufactured goods, subject to certain exceptions. Wage Rate Requirements. The Recovery Act contains a provision on wage rate requirements that concerns projects funded or assisted by Recovery Act funds that employ laborers and mechanics. See section 1605 of the Recovery Act. Contracts. The Recovery Act places special emphasis on the use of fixed-price contracts awarded through competitive procedures. Subgrantees must comply with any requirements established by OJP. Limit on Funds. The Recovery- Act specifically provides that funds may not be used for any casino or other gamb=ling establishment, aquarium, zoo, golf course, or swimming pool. Separate Tracking and Reporting of Recovery Act Funds and Outcomes. Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but all funds must be tracked, accounted for, and reported on separately from all other funds. Recipients must also be prepared to track and report on the specific outcomes and benefits attributable to use of Recovery Act funds. The accounting systems of all subgrantees must ensure that Recovery Act funds are not commingled with funds from any other source. Reporting Fraud, Waste, Error, and Abuse. The Recovery Act provides certain protections against reprisals for employees of non -Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. Aprillication Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on -Line using FDLE's grant management system. In addition to the on- line submission, applicants must print out the completed application and submit two (2) hard copies (both, with original signatures) no later than 5:00 P.M., Friday, June 12, 200. A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the following,: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phiiiips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county, Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Law Enforcement, at (650) 617-1254. Page 3