Loading...
HomeMy WebLinkAboutPacket 03-03-2009 RegularCity of Cape Canaveral AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: Rnt I (_AI i REPORTS: 7.05 p.m. — 7:20 p.m. City Manager Staff AUDIENCE TO BE HEARD: 7.20 p.m. — 7:30 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: 7:30 p.m. — 7:40 p.m. 1. City Council Regular Meeting Minutes of February 17, 2009. 2. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration, Saturday, March 14th, 3. Outdoor Entertainment Permit - Manatee Sanctuary Park — Movie in the Park, Saturday, March 21" 105 Polk Avenue - Posr Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mynorida.com/cape • e-mail: ccapecanaveral@cR.rr.com p 'of Cape Canaveral, Florida ity Council Regular Meeting Agenda March 3, 2009 Page 2 of 3 4. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival, Saturday, March 28th and Sunday, March 29th; Terri Rudzitis, President, T -N -T Events, Inc., Applicant. ORDINANCE: Second Public Hearing: 7:40 p.m. — 7:50 p. m. 5. Motion to Adopt: Ordinance No. 02-2009; Updates Due to Amendments to the Florida Building Code, at Second Reading. ORDINANCE: First Public Hearing: 7.50 p. m. — 8:10 p. m. 6. Motion to Approve: Ordinance No. 04-2009, Amending Chapter 98, Article II, Plats CONSIDERATION: 8:10 p.m. — 8:50 p.m. 7. Motion to Approve: Agreement with Brevard County for Lifeguard Services. 8. Motion to Approve: First Responder Agreement with the Board of County Commissioners of Brevard County. 9. Motion to Approve: Final Change Order for the Central Canal Stormwater Improvement Project. 10. Motion to Approve: Authorization to Install Decorative Crosswalks at the N. Atlantic Avenue and Central Boulevard Intersection. DISCUSSION: 8:50 p.m. — 9:30 p.m. 11. Customer Service Standards and Performance Measurement. 12. Draft Resolution, Establishing a Charter Revision Committee, 13. Canoe/Kayak Launch at Banana River Park. REPORTS: 9:30 p.m. — 10:00 p.m. City Council Citi of Cape Canaveral, Florida City Council Regular Meeting Agenda March 3, 2009 Page 3 of 3 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 191 Polk Avenue, Cape Canaveral, Florida TUESDAY February 17, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Assistant Public Works Director Planning and Zoning Director Acting Building Official PRESENTATION: 7:05 p. m. — 7:20 p. m School Budget and Funding Issues Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Jeff Ratliff BarryBrown Dennis Clements Ms. Kelli Dufresne, Cape View Elementary School Principal, addressed the Council related to the Brevard County Schools potential school cuts. Ms. Dufresne spoke on an article in Florida Today announcing Cape View Elementary as a school set for closing. Since that time, Dr. DiPatri has released the potential budget cuts for the 2009/ 2010 school year and, again, Cape View Elementary School was listed as were all schools under 500 students. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 2 of 14 Ms. Dufresne also reported on 946 potential District positions cuts. She asked that the City Council participate in the February 23`d Town Hall Meeting and to also support by writing Legislators. Ms. Dufresne stated that the potential budget cuts would impact personnel, programs, and students. Ms. Dufresne stated that Cape View was asked to reduce its Budget by 25 percent this year and again by 12 percent in the coming year. She emphasized the importance of participating in the Town Hall Meeting on Tuesday, February 23`1 at the Maxwell C. King Center. Cape View anticipated 44 representatives. Ms. Dufresne referred to the potential cuts noted in her handout. The handout reported that the student enrollment was below 750 students; therefore they would lose 2 teachers as well as either a Physical Education, Art, Music or the Media class. Ms. Dufresne noted the impact of cutting the LEGO and Robotics program. Ms. Dufresne stated that Cape View was one of seven schools anticipated to receive the Sunshine Standards for Technology upgrades. However, the cost of this for the seven schools was $1.5 million and Cape View would lose that upgrade also. The Legislative session begins on March 3`d and ends on May 1s` and no action will be taken by the School Board until the end of the Legislative Session. Ms. Dufresne related Dr. DePatri's concern that the Budget cuts will reduce thov Schools standards to mediocre. She stated that the Legislators have a duty to uphold the State. Constitution; its education is the duty of the State. Ms. Dufresne noted that contact information for herself and School Board has been provided. Ms. Dufresne replied to Mayor Randels related to technology that every school was on a cycle for the Sunshine Standards. Mayor Randels clarified that her request was for City Council to talk to the State Legislators to find additional revenue. Ms. Dufresne noted that the loopholes were being discussed for use in funding for education. She noted that $44 million was slated in the Economic Stimulus Package for construction, Title I, which Cape View is a Title I school, and Exceptional Education laws. Mr. Petsos expressed the importance of the Council, as community leaders, to seek community support and have residents and businesses write letters. This would be a demonstration of a community working to retain its school. Mr. Tom Garboski asked to know the overall Budget for Cape View Elementary School. Ms. Dufresne replied approximately $134,000; however salaries were provided at the District level, she was speaking of their operating expenses for school supplies, textbooks, etc. Mr. Garboski asked specifically how much the citizens of Cape Canaveral pay in school taxes. Andrea Bowers, City Treasurer, replied that she would seek that information. Mr. Garboski emphasized the need to retain Cape View Elementary School in the community as part of its multi -generational vision. Ms. Dufresne noted that the District numbers had reduced by 17 percent. Ms. Roberts referred to the Federal Stimulus Package and prompted the thought to contact Federal Legislation as well. Ms. Dufresne noted that this was discussed at one of City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 3 of 14 the meetings. Ms. Janet Barr, Cape View teacher, parent, and Cape Canaveral resident, emphasized the need for the Legislators to receive an individual, hand-written letter in order not to receive standard responses. Ms. Roberts recommended some bullet points to help parents clarify their points. Ms. Dufresne stated that questions sent to the Brevard County Schools web site would be answered during the course of the Meeting on February 23r6 Ms. Roberts requested to have pertinent information placed on the City's web site with the recommended bullet points and contact information to the key officials. Mr. Petsosrequested to have the presentation that Cape View did on February 12'F' on the web site as well. Ms. Roberts recommended strengthening the relationship with Kennedy Space Center as it relates to Cape View and she would be willing to help with the coordination effort. The City Manager would publish the information that was distributed as well as the recommended bullet points in order to assist with letter creation. Mr. Frank Kuhn asked how many children outside of the district attend Cape View. Ms. Dufresne replied that any child in Cape Canaveral was required to go to Cape View. Ms. Dufresne explained how enrollment was frozen to out -of -district students; however, students could attend a school of choice. Ms. Dufresne replied to Mr, Kuhn that there were no students from Cocoa Beach. She clarified that there were 25 students from other Districts. Mr. Kuhn asked how many students at Cape View Elementary School were children of illegal aliens. Ms. Dufresne responded that .parents must show proof of residency. Mr. Kuhn expressed concern that the City was losin=g children at Cape View Elementary School. In conclusion, Ms. Dufresne and her staff thanked the City Council and, specifically, Mr. Petsos for his assistance. REPORTS: 7:20 p.m, — 7.31 p.m. City Manager • Mr. Boucher announced that the poinsettia plants would be available on a first- come/ first -serve basis outside of the Public Works facility gate. • Mr. Boucher reported that the Sand Sculpting event would not occur through the Brevard Cultural Alliance due to the lack of sponsorship. Mr. Petsos noted that the event was deferred until 2010. • Mr. Boucher reported on discussion of a Cape Canaveral Chapter of the Chamber of Commerce. This is now part of the Chamber's business plan. John Craig of the Business and Cultural Development Board would work with the Chamber to develop this concept. • Mr. Boucher announced a March 3'd Workshop Meeting with the Business and Cultural Development Board and City Council to discuss their roles and responsibilities. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 4 of 14 Mr. Boucher reported that Brevard County Animal Services requested a Meeting to discuss how to address the peacock issue. The City Manager would convene the Peacock Committee for this discussion. Ms. Roberts requested that this include the feral cat issue. Mr. Boucher reported on Governor Crist's proposal related to property taxes. This would greatly impact future Budgets. Mr. Boucher reported that he, City Treasurer, Andrea Bowers, and the Finance Director of City of Cocoa Beach discussed issues with Waste Management, Inc. related to billing and recordkeeping. Mr. Boucher stated that the durnpster rate was a major issue compared to green waste and residential puck -ups. He would request that Mr. Geletko provide a summary to outline what rates they were proposing. Mr. Petsos mentioned the need to negotiate the large recycle containers in order to reduce the price. Mr. Boucher affirmed that this was includedin the discussions. Mr. Boucher reported that the City lost $115,000 of the St. John's River Water Management District grant related to the, South Central Ditch due to Budget cuts. Mr. Ratliff conveyed that St. John's was redirecting funds to more critical areas. Mr. Petsos asked about recouping the money expended for the engineering design work. Mr. Boucher stated that he would also anticipate Environment Stimulus Funds. Mr. Boucher reported that eight names were submitted for the Citizens Visioning Committee. He requested to close out the Application process as of 5:00 P.M., Friday, February 20th with the Council's approval. STAFF Public Works Director Mr. Bandish reported the first week of March as the anticipated completion time for the North Atlantic Avenue Intersection project. Assistant Public Work Director • leo report. Acting Building official • No report. City Treasurer No report. City Clerk • No report. City Attorney City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 5 of 14 • Attorney Garganese referred to the Lien at 116 Tyler and stated that Wells Fargo Bank made the $5,000 payment and the Release of the Judgment Lien on the property was subsequently recorded with the Brevard County Clerk of Court. Ms. Roberts asked if there were any developments on the use of the Cape Canaveral Library Meeting Room, Mr. Boucher responded that in the County Manager's absence, he would need to return to this issue. AUDIENCE TO BE HEARD: 7.30 p.m. — 7:4 5 p.m. • Ms. Savannah Foley, a Senior at Cocoa -Beach Junior/ Senior High School, announced a Spaghetti Dinner at the Elk Lodge for $10 on Thursday, March 5�' from 6 P.M. to 8 P.M. to raise fund's for Project Graduation. Information will be forwarded for the City web site. Ms. Foley stated that Project Graduation would be held at the Merritt Island Health First Healthplex facility. Mr. Frank Kuhn asked if the City of Cape Canaveral could delegate authority without taking responsibility of that delegation. Attorney Garganese responded that he could not answer such a broad question. Mr. Kuhn then asked if money from one Contract could be used on another Contract. Attorney Garganese responded again that he could not answer such a broad question; however, he would be glad to address specific concerns. Mr. Kuhn then asked if the City had to comply with another Contractor's obligations to a third party. Again, Attorney Garganese stated that he did not know the context of the question. Mr. Kuhn explained how the City of Cape Canaveral has a Contract with the Sheriffs Department. However, the City did not sign any document with the Sheriffs Department Union. However, the Mayor stated to him that the City, under obligation, permits the provisions of the Sheriffs Department Union Contract to prevail. Mr. Kuhn provided this example : under the Union Contract, patrol cars are permitted to be taken home. However, the City does not have a Contract with the Union, but with the Sheriffs Department. The City, therefore, owns the patrol cars, not the County. These vehicles are used to travel to Melbourne, Mims and other areas. Mr. Kuhn stated that the City pays for the gas and mileage. This mileage and gas was being unnecessarily used. Mayor Randels responded that the City signed a Contract that the Sheriffs Department would provide the uniforms and service. Mr. Kuhn contended that the City supplies the uniforms, firearms and the training and he emphasized that the City was paying for their convenience during tough economic times. Mayor Randels explained that the City subscribes to the Sheriffs Contract which permits the officers to take the cars home and provide 24-hour service. Mr. Kuhn requested that the Council review the Contract and address its wastefulness. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 6 of 14 Mr. Kuhn asked how many Deputies were on the night shift patrolling Cape Canaveral. He expressed his concem that the Contract provides for 27 officers,- however, fficers;however, if one is out sick the City has to pay for a substitute. Mr. Tom Garboski reported that some of the Officers use these City issued vehicles at off-duty jobs. He asked the City Attomey if an accident occurred with a City -issued vehicle on their off-duty assignment, was the City liable? Mr. Garboski stated that they should use their own vehicle during off-duty times. There was an issue if they were using City -issued vehicles during their off-duty assignments. Officer Terry Bartnik responded that the Sheriff's Department holds the liability insurance on that vehicle. He stated that the City pays one price for a Deputy's position to include the Officer, his salary, and his vehicle as one package. Mr. Kuhn emphasized that the City residents pay the Sheriff's Department for a specific number of Deputies. If the City contracts for 27 Officers, the City should receive that number of Officers. He was told, by the Mayor, that the City has no say except to renew the Contract. In conclusion„ Mr. Kuhn expressed his concern that Sheriffs Department personnel were changed without the City's approval and the new Commander was not an obvious presence in the community. Mr. Leo Nicholas referred to the Sheriff's Quarterly Report and stated that he could not find anything in the report related! to any drug activity. The City Manager responded that he would ask if a breakout of activity were possible. Mr. Nicholas stated that he would appreciate some information on a daily basis. Mr. John Johanson asked about the status of the Florida Power and Light Energy Review program. Mr. Lefever responded that he received an information packet at the Recreation Center which he posted in the lobby. Mr. Boucher stated that an information packet should also arrive at City Hall and the Library. CONSENT AGENDA: 7:45 p.m. 7:50 p.m. 1. City Council Regular Meeting Minutes of February 3, 2009. Ms. Roberts requested clarification on Page 2 of the Minutes as it related to the new Marketing Video. She recalled discussion to change the map in the marketing video and asked if that were an action. Mr. Boucher replied that he noted all the suggested points but had not had the opportunity to discuss the changes with the video firm. Ms. Roberts asked if the reference of Kennedy Space Center was noted. Mr. Boucher affirmed that it was. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 with Clarification related to the New City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 7 of 14 Marketing Video. 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. ORDINANCE: First Public Hearin 7:50 p.m. — 8:00 p.m. 2. Motion to Approve: Ordinance No. 02-2009; Updates Due to Amendments to the Florida Building Code. Attorney Garganese read Ordinance No. 02-2009 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Attomey Garganese stated the intent of this Ordinance is to amend Section 82-5 to adopt the 2007 Edition of the Florida Building Code. Dennis Clements, Acting Building Official, responded to Mr. Garboski that the Florida Building Code was not available at the Library. Mr. Boucher informed that he could access the Code online, or at the City's Community Development Department. There was no further comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 02=2009 at First Reading, The vote on the motion carried 5-0 with voting as fotlows,: Mayor Pro Tem f oog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms, Walsh, For, CONSIDERATION: 8:00 p.m. — 8:15 p.m. 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending 12-31-08. Andrea Bowers, City Treasurer, addressed the Council and noted the different format. Ms. Roberts asked if there would be a memorandum to provide a narrative. Ms. Bowers pointed out that notations were made throughout the document to indicate where and why any changes were made. Mayor Randels stated that the Local Option Gas Tax decreased by $17,000 and the'/2 Cent Sale Tax decreased by $32,000. Those were the primary adjustments. Ms. Bowers clarified that those two reductions were State recommendations. She stated that all of the Departments reduced spending in anticipation of less revenue. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 8 of 14 Ms. Roberts inquired about implementing a more program organizational -type Budget to address each Department. Ms. Bowers stated that this would occur during the Budget season as Council would review Department's operating status. Ms. Bowers stated that the Budget would arrive in a more project -oriented format. Mayor Randels noted those who contributed toward funding the Recreation Department such as: the Kiwanis Club, the United States Tennis Association, Joyce Hamilton, Security System Specialists, Arthur Berger, and Craig Technologies. These were individuals who donated to help a Department reach its goal. Ms. Bowers commended the City's ,Consistent conservative financial trend. Ms. Walsh informed that she would work with Ms. Bowers to get clarification on some of her footnotes. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Approve Quarterly Budget Report and Transfers for the Period Ending 12-31-08. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hong, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts,; For and,,,MGs. Walsh, For. DISCUSSION: 4. Federal Stimulus Transportation Funds. 8:15 p.m.... 8:30 p.m. Mayor Randels explained' how projects submitted had to fit the Federal guidelines and the deadline for submittal is Monday, February 23rd. Mr. Boucher reported that he and Mr. Ratliff met in Viera and the projects meeting Federal guidelines were resurfacing projects. Mr. Boucher, identified the City's roads in the Federal Aid System as: Ridgewood Avenue, North Atlantic, Centrale Blvd, State Road Al and Washington Avenue. He informed that none of the Brevard County's paving contractors were federally certified; therefore, the County was working to obtain federal contractors to perform resurfacing and thereby take the lead on paving projects. Mr. Petsos stated that currently there was a check for $167,000for Ridgewood Avenue. Mr. Boucher informed that if funding allocation was short of an objective, cities could use these funds to supplement their project. Mayor Randels inquired about $31,000 for resurfacing Washington Avenue Mr. Ratliff replied that there was some settling subsequent to the sanitary sewer project and this might provide a way to alleviate that project. Mr. Boucher clarified that Contracts were required to meet Federal guidelines. He clarified further how in the past there was no federal funding for local projects; and therefore no need to expend tax dollars to meet a guideline that was not required. Ms. Walsh inquired about using some of the $167,000 set-aside funds for resurfacing Ridgewood Avenue. Mr. Boucher affirmed. Ms. Walsh asked if it were possible to take the funding from Brevard County for the North Atlantic Avenue and West Central Boulevard enhancements and obtain Stimulus Package funding for the re -surfacing. Mr. Boucher clarified Stimulus Package funding required a pre -approved Contract that meets all of the required guidelines and signed by the Florida Department of City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 9 of 14 Transportation. Mr. Boucher clarified that funds could not be used for enhancements and per the Agreement with the County, their funding could only apply to resurfacing. Ms. Walsh asked, once the roads become City streets, would they still be eligible for Federal funding? Mr. Boucher affirmed that they were eligible as long as the roadways remain on the Federal Aid System map, the City would be eligible for funding. Mr. Boucher informed that what most cities receive from the Federal government was less than what Brevard County received in gas tax revenue. Mayor Randels informed that what was not identified for use would be made available for use insome other part of the County. Mayor Randels asked about installing imastarms. Mr. Boucher replied that the Federal regulations would still apply. He stated that resurfacing projects comprised most of the list. Mayor Randels asked for clarification if West Central Boulevard were eligible. Mr. Boucher replied that it was not part of the Federal Aid System snap. Mr. Boucher suggested installing mastarms at North Atlantic Avenue and Canaveral Blvd, Mayor Pro Tem Hoog stated that he would prefer a traffic signal at Portside Villas and Shorewood Drive. Ms. Roberts expressed her concern with a stoplight's impact on the ingress and egress for Shorewood residents due to a stop light. Ms. Walsh noted that gates and operational transponders would inhibit traffic flow. Ms. Roberts asked about working with the Port on the George King Boulevard area. Mr. Boucher replied: that Canaveral Port Authority is not eligible for these funds. Mr. Petsos returned to the $167,000 set aside for the Ridgewood Avenue road re- surfacing. Mr. Boucher affirmed: that the City could use these funds to add to any Federal funding for a project. Ms. Walsh clarified that the $167,000 was given specifically for paving. Mr. Boucher affirmed. At that moment, Mr. Boucher reported on an E-mail he received related to the Florida Department of Transportation proposed $14 million Brevard County projects list which consisted of major roadways. Mr. Boucher noted that a $5.3 million mastarm replacement for State Road 520 in Merritt Island was on the list. Mr. Ratliff stated that paving would trot occur on RidgewoodAvenue in 75 days. Mr. Boucher initiated discussion to identify mastarm projects should funding availability shift in the City's favor due to other cities dropping out of the eligibility status. The following locations were established for mastarm projects: Central Boulevard and State Road Al A; Center Street and Buchanan and Holman Road and State Road A1A [McKinley Avenue]. A motion was made by Ms. Roberts and seconded by Mayor Randels to Support the Proposed Transportation Funds as Proposed by the City Manager to Include the Mastarms on State Road Al and Central Blvd and Center and Buchanan Avenue and Holman Road and State Road Al [McKinley Avenue]. 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 February 17, 2009 Page 10 of 14 5. City Council Legislation for 2009. 8:30 p.m. — 9:15 p,m. Mr. Boucher clarified that this discussion item would relate to City specific Legislative issues. Ms. Roberts identified the following items as the City Council's priority Legislation issues for 2009: the Tree Ordinance; to complete the Sign Ordinance; review of the City Board's Roles and Responsibilities; the City Personnel Policy update and Council role and responsibility relative to personnel issues; parking on sidewalks; feeding of animals on the sidewalks. Mayor Pro Tem Hoog questioned how the feeding of animals on the sidewalks would be enforced. Ms. Walsh stated that Brevard County permitted feral colonies with a registered person who was required to feed them. Mayor Randels stated that the City adopted the Brevard County Animal Control code. Mayor Pro Tern Hoog expressed his concern with enacting Ordinances that could not be enforced. Mr. Petsos recommended the Tree Ordinance and identifying diseased trees. Mayor Pro Tem Hoog brought up rotating the City Boards Members by using the Alternate Members for one year as regular Board Members. He stated that within a three year span all Board Members would have served as a Regular Member. Mayor Pro Tem Hoog related on how some Alternate Members serve and leave without being heard . Ms. Walsh also recommended the Tree Ordinance and rotating the Board Members, which could be addressed when the Council discusses the Board Roles and Responsibilities. Ms. Walsh asked when the last time the Charter was changed, Mayor Randels informed that any changes to the City Charter required a Referendum vote. Ms. Walsh stated that review of the Charter might become a consideration. Mr. Boucher stated that in most cities this procedure requires convening a Charter Review Committee. There are model charters available for a Committee to review. Mayor Randels asked about the status of changing the Building Fee Schedule. Mr. Boucher pointed out that the Council should complete the Sign Code Ordinance first, Ms. Walsh asked if there were potentially conflicting codes. Mr. Boucher stated that he would solicit Staff for potentially conflicting codes. Ms. Roberts mentioned Ordinances that might need modification as a result of the Visioning process. Ms. Roberts brought up the need to address a Forms Management System during the upcoming Management discussion. This would permit a traceable system related to the City Code and subsequent related procedures. Mr. Boucher clarified the following Legislation discussion list: 1) the Sign Code Ordinance, 2) the Tree Ordinance; 3) the Board's Roles and Responsibilities, and 4) the Personnel Policy update. Ms. Roberts included the Charter Review and Ms. Walsh added any conflicting codes. In summary, Council would address these issues and either take action or establish a time for review and completion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 11 of 14 6. Model Water Conservation Ordinance for Landscape Irrigation. 9:95 p.m. — 9:30 p.m. Mayor Randels reported on these three exemptions to the Landscape Irrigation Schedule: Discharge of water from water to air conditioning units or other water dependant coolant systems; Use of water from a reclaimed water system; and Use of recycled water from wet detention treatment ponds where irrigation is allowed anytime provided the ponds are not augmented from any ground or off- site surface water. Mr. Bandish stated that the City must follow the entire Ordinance and stated further that the City was required to police persons who were on reclaimed water as well as those with private wells. Mayor Pro Tem Hoog asked if the Sheriff's Department or Code Enforcement were required to enforce this under the evil Citation Program. Attorney Garganese affirmed that it could be enforced in the City Citation manner. Mayor Randels read from the Ordinance in Section 8, Enforcement Officers —" the local government should authorize law enforcement personnel and/or other government staff as the enforcement for the area governed by the Ordinance." Mr. Petsos requested that the City Manager obtain a ruling on the "should" or "shall" language of the Ordinance's provisions and the consequences of failing to enforce it. Ms. Joyce Hamilton asked who would enforce this Ordinance to which she was told Public Works. Mr. Boucher clarified the problem was that those on reuse water were subject to fines Ms. Hamilton reported that she was given a violation stating that she needed a lock on her hose bib some seven years after her reuse water was installed. Mayor Randels stated that the City Manager would obtain the rules and then Staff would invite someone from St. John's to answer any pertinent questions. REPORTS: 9:30 p.m. — 14:00 p.m. CITY COUNCIL Mayor Rocky Randels • Mayor Randels invited other Council Members to serve as a Census Chairperson, at the Brevard County Government Center, on Tuesday, March 3`d at 10:00 A.M. Mayor Randels recognized Craig Technologies in the Tuesday, February 17th, Business Section of Florida Today. The company opened in Cape Canaveral on Buchanan Avenue in 2007. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 12 of 14 • Mayor Randels noted House Bill 360 related to the Developmental Regional Impact (DRI] exemption for any County or city with over 1,000 people per square mile. He stated that this would apply to all cities in Brevard County making them exempt from a DRI. • Mayor Randels read a letter that he received from Mr. Jim Kennedy, retired executive of the Kennedy Space Center. Mr. Kennedy now travels as a guest lecturer. • Mayor Randels reported on the success of the Chowder Cook -Off at the Canaveral Port Authority. The first place, second and third place winners were Grill's, Crowne Plaza of Melboume and Conch Key and;.., Uno's of Merritt Island for their American Apple Crisp. Mr. Petsos mentioned that Uno's sponsors a fundraiser for Project Graduation every Saturday night. • Mayor Randels reported that he asked State Representative Steve Crisafulli to speak at an upcoming City Council Meeting. • Mayor Randels reported that he has been awarded a job with House Representative Bill Posey. Council Member Betty Walsh • Ms. Walsh inquired about the previously mentioned non-matching grant from the Florida Inland Navigation District. Mr. Boucher made note and Staff would follow through on seeking the funding. Mr. John Johanson mentioned dredging out the canal identifying this as an ingress/egress water travel need. • Ms. Walsh reported that she received positive feedback on the results of using the beach rake. • Ms. Walsh asked if there were any further information on the Wachovia Bank Building. Mr. Petsos was still performing research. • Ms. Walsh mentioned the Florida Power and Light project; however, earlier discussion indicated that this was in progress. • Ms. Walsh brought out the City's 5 -Year Plan. She stated that this could assist with potential grants and the Federal Stimulus Package. Ms. Walsh suggested more detail in the plan to use as a tool to plan forward. Ms. Roberts suggested this as a part of the City Council's Master Calendar. Council Member Shannon Roberts Ms. Robertsmentioned the data related to Space Coast Area Transit ridership. • Ms. Roberts also mentioned the Personnel Policy update. Previous discussion identified'that Council would discuss this during an upcoming meeting. Ms. Roberts requested enforcement status reports on the Chronic Nuisance and Civil Citation Ordinance Programs and an update on Resort Rentals. • Ms. Roberts asked for a more detailed schedule related to the Visioning process. Ms. Roberts requested to have this on the March 3rd City Council Meeting Agenda. • Ms. Roberts requested to discuss Management Improvements as an item for the March 3rd City Council Meeting Agenda. Ms. Roberts also requested to have this item on the Master Calendar as well. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 13 of 14 Ms. Roberts requested an Executive Session with the City Attorney. Attomey Garganese stated that Attomey-Client Sessions applied solely to on-going litigation. Ms. Roberts was seeking a process to discuss the City's Human Resource processes. Ms. Roberts requested that Council address the City Manager's Performance Evaluation which was due in September of 2008 in order to provide Mr. Boucher with beneficial feedback. Council Members Buzz Petsos • Mr. Petsos transferred a note from Mayor Randels from the past Senate Director related to obtaining roads sign to the City Manager. • Mr. Petsos asked if lights in City facilities can be turned out in order to comply to green building concepts. • Mr. Petsos commended Mr. Lefever on the success of the City's community Recreation events. • Mr. Petsos reported that he spoke with the Florida Department of Transportation related to the turn signal on Central Boulevard. They desired to perform a traffic study count while the seasonal visitors are available as well as when cruise terminal ships disembark. • Mr. Petsos commended the volunteers and reported on the successful Sea Oats Planting on Saturday, February 7th. • Mr. Petsos reported on the kick-off meeting forthe P.A.L. center. Mayor Pro Tem Bob Hoog • Mayor Pro Tern Hoog requested that Staff identify a building in the City's new marketing vid''eo; Mayor Pro Tem Hoog repotted on teenagers loitering at the City Park on Harrison Avenue. Residents have attempted to address the foul language to no avail. Law Enforcement assistance was needed. Mr. Leo Nicholas inquired about the Building Official's separation from employment with the City and expressed his concem with the departure of a critical employee. He asked if the City Manager planned to make comment. Mayor Randels stated that the City Council Members received the City Manager's fact- finding report. Mayor Randels explained that the City Manager had the authority to terminate employees or accept their resignation. Ms. Roberts needed clarification on if each Council Member could ask the City Manager specific questions and return for discussion as a collective body. Mayor Pro Tem Hoog expressed his concern that this Department Head could not answer Council's questions. He requested to see the documents showing how the former Building Official answered his charges. Mr. Boucher replied that all documents were public records and available for City Council's review. Mr. Boucher responded to Ms. Walsh that any portion of City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 17, 2009 Page 14 of 14 documents related to any unresolved issues were exempt from public view and any names were protected under the "Whistle Blowers Act." Attorney Garganese stated that violating that law was a Second Degree Misdemeanor. In conclusion, Mayor Randels stated that the City Council would review the fact-finding report and could meet for further discussion in a Special Meeting. A vote of three City Council Members was required for a Special Meeting, ADJOURNMENT: There being no further business, the Meeting adjourned at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, City Clerk Meeting Type: Regular Meering Date: 03-03-09 AGENDA Heading Consent hem 2 X'0. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE COMMUNITY CELEBRATION & BUSINESS VENDOR EXPO AT MANATEE SANCTUARY PARK, SATURDAY, MARCH 14, 2009, 11 AM TO 3 PM DEPT/DNISION: PARKS & RECREATION Requested Action: City Council consider the approval of an outdoor entertainment permit for the Community Celebration & Business Vendor Expo at Manatee Sanctuary Park on March 14th, as requested by the parks & recreation director. Summary Explanation & Background: See attached memo and event flyer. I recommend approval. Exhibits Attached: Recreation director's memo; event flyer; permit application City Ma "s Offficr: p Department PARKS & RECREATION �µ t\Yz,\.y cc' nts admin\council\rneeting\2009\03-03-09\celebration.doc Menin TO: Bennett Boucher, City Manager From Robert Lefever, Parks & Recreation Director CC: Mayor Randels & City Council Members Dow February 12, 2009 Rac Outdoor Entertainment Permits Bennett, The Parks & Recreation Department will be hosting the Annual Community Celebration & Business Vendor Expo on Saturday, March 14, 2009 from 11.00 am — 3:00 pm at Manatee Park. We will also be hosting our first ever outdoor Movie in the Park on Saturday, March 21, 2009 from 7:00 pm — 9:00 pm at Manatee Park. I have attached flyers for both events listing all the details & what will be offered at each event We are requesting outdoor entertainment permits for both events & that any & all fees be waived. Thanks, Ak(4�� Robert Lefever COMMUNITY CELEBRATION 'P n, G VENDOR EXPO Saturday, March 14, 2009 11:00 am — 3:00 pm Manatee Sanctuary Park 701 Thurm Boulevard ENTERTAINMENT • Celebration's DJ �f j,,,,,,,,, 11 • Bounce House !°-wo • Obstacle Course • Manny the Manatee • Face Painting � F • Balloon Art • Giant Slide SNACKS • Hot Dogs - $1.50 1 t , . Drinks - $1.00 • Bake Sale - $.50 • Pop Corn - $.50 • Snow Cones - $.50 COMMUNITY SERVICES • Business Vendor Expo • Brevard County Sheriff's Department • Cape Canaveral Volunteer Fire Department • Space Coast Blood Bank Bloodmobile For more information please call the Recreation Department at 868-1226�. 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the Disbict; and/or the administration." V, Revised 03-23-07 CITY Or CAPE CANAVERAL, FLOIUDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERI UT Date: / The applicant or represcntative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for (lie applicant. Name of Applicant: Firm: Address: G e E -Mail: Telephone: Izea 1 -AX: P- 7 Local Contact: /t'1 C "title: —4 zoG Local Address (if different from above) Type of Event:_/f Will Alcoholic Beverages Be Served on the Premises? YES NO�� Event Date(s) in Cape Canaveral: Location(s): Date(s) Time 79/ Attach ittap(s) intlicatirtg event area and designated parlcitig areas. UTraffic Control OUse of Police/Fire Rescue Equipment C&Teet Closing oVehicles/Equipment on Beach 00ther OVehicle Parking on City Property Specify: t% 111!f e If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application roust also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to [lie following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $2.5,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by More than one person for bodily vijury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co:�� ��,%®G• O� �r�lC'� Policy No Expiration Date: q1 Y le le ll. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Perminee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral, IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. 1: WA Date__ ,oz/ / Z Applicant o epresenta ive/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE MOVIE IN THE PARK AT MANATEE SANCTUARY PARK, SATURDAY, MARCH 21, 2009, 7 PM TO 9 PM DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the approval of an outdoor entertainment permit for the Movie in the Park at Manatee Sanctuary Park on March 21st, as requested by the parks & recreation director. Summary Explanation & Background: See attached memo and event flyer. I recommend approval. Exhibits Attached: Recreation director's memo; event flyer; permit application City Mama a 's Office Department PARKS & RECREATION ,a��r\mt (o3 uta\adin.n\council\meeting\2009\03-03-09\movieinthepark.doc Meffff TO: Bennett Boucher, City Manager Fronts Robert Lefever, Parks & Recreation Director CC: Mayor Randels & City Council Members Dv&w February 12, 2009 Rn: Outdoor Entertainment Permits Bennett, The Paft & Recreation Department will be hosting the Annual Community Celebration & Business Vendor Expo on Saturday, March 14, 2009 from 11:00 am - 3;00 pm at Manatee Park We will also be hosting our first ever outdoor Movie in the Park on Saturday, March 21, 2009 from 7:00 pm - 9:00 pm at Manatee Paris. I have attached flyers for both events listing all the details & what will be offered at each event We are requesting outdoor entertainment permits for both events & that any & all fees be waived, Thanks, 4w 4�� Robert Lefever MOVIE IN THE PARK "IGOR" Don't miss this laughable, fun, family movie. The Kiwanis Club will be selling refreshments. Please bring a blanket or a lawn chair. For more information call the Recreation Department at 868-1226. FREE FOR EVERYONE SATURDAY, MARCH 21sT 7:00PM-9:00PM MANATEE PARK 701 THURM BLVD. 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or the administration," Devised 03-22-07 CITY OF CAPE CANAVEJUL, FLOIUDA .APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: �2 er The applicant or representative agrees to be on skc a( all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: Title:A 0 /ferj7�_Iw_ Finn: Address: 7T014 �l► // C,_ E -Mail: Y � /� Telephone: — FAX:_j[1 Local Contact:°L 1 itle:Aa e - Local Address (if different From above) Type of Event: NJ Will Alcoholic Beverages Be Served on the Premises? YES NO Event Date(s) in Cape Canaveral: Aw����� Location(s): Date(s) Time Awl e da, jai r wm Attach map(s) intlicatiiig event arca and designated parking areas. []Traffic Control ❑Use of Police/Fire Rescue EquipnsenI ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify. 0 If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: C d Policy No: Expiration Date: J H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those at attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Date //.2O Applicant or epresentatnve/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bernell C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321)868-1224 Meeting 'hype: Regular Meeting Late: 03-03-09 AGENDA Heading Consent 1"cm 4 No. Sanctuary Park. This event is being hosted by the Business & Cultural Development Board AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE MANATEE SANCTUARY PARK ARTS FESTIVAL DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of the outdoor entertainment permit for the Manatee Sanctuary Park Arts Festival as requested by the applicant T -N -T Events, Inc. This City sponsored event is to be held March 28th and March 29th. Summary Explanation & Background: T -N -T Events, Inc. is promoting and organizing the City's third outdoor arts festival located at Manatee Sanctuary Park. This event is being hosted by the Business & Cultural Development Board I recommend approval. Exhibits Attached: Permit Application; T -N -T Contract City Mata "' Office Department ADMI TSTRATION eim\myel, s\admin\counci meeting\2009\03-03-09\tnt.doc 12/07/2006 8°B:.26 3523440652 TNT PACE 91 Revived 01-2247 MY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAQdIVIIENT PERMIT nate: The applioeat or repreaeatative agtnea to be on site at all times empowered with authority over all sepeota of the sweat and Mpowered to act for the appl cam Now of Apply I CKIC L h'c/de> it s S Title: P e P jA Tsla : 3 5,�, 3y S "7 PAX. y Leval CeMO: Title: Local Address (it dMront fivat abays) Type of � Cra-(%� F-es�i uq Will Alombotic Bev*Vm Be Served an the Pmebes7 YB8 NO j E~ Dsea(s) in Cape CSsnavorsl: floa a 5 •. <-�,Ci L or�tioa(s): Dows) Tone 1�,ys�► �e e ')A tic A� SUAJ 1 Q- Att & mep(s) Istdleathkg event area and designated parkins areas Qlrsfe Cashel osbeet Closing Q00W Qtfse of PcHOWTIM Rescue Equipment QVehir3es/Bgaipma" on Basch avah is Pa"d an City Property It applicant wishes to erset teats or otbsr tamporas, etruetures in conjunction with the even4 a bggdbS permit appliesdes most obo be submitted MM witb all pertiiseat Mforwdoo relating to the temporary •&uctum and their proposed locatbn. Sabtatital of the bubding permit appOesdon wtll occur AR[BR City Covoeil his approved the Outdoor Zutsrtabm t Permit By sygto4 this application, tie applicant aelmowledgm and agrees to the folbwtsa provbtom: 12/07/2006 00:26 3523440652 TNT PAGE 02 Reriaed 03-22-07 A wrfttoa public liabilitJ' ia=mm POUcY 100ft the Pm m M&. prig or cooducM9 the outdoor oatoeearfrinoae aural .picot any and All alkimg am dsmw& made by any pemom ibr ikjurics rmaived is oonmAion wino Oka sw4ong pro oobtg, maductbtS ar rmmdanoe of or st the outdoor samb om m event, written within limirot of not lase tart 5300,0DO-ft dot ap or boury to any am paraaa Por bodily injury or otheuwiao, pita $25,000.00 darup to pwp"t anti tb cot less that S500,000,00 for damgm incurred or alalnoed by more than ane petaoo for bed* Wary Or otherwiK plus SS0,000,00 far da m&% to property, the origiml or duplicate of such policy aha$ be attaclwd to the application fbr a gmaial outdoor enUat mbanent permit, wgetbc with adogttaom evsdmce that the premhmas are Pala. Name of 1"Umme Co:1J*J Policy NOP7 Rvintion Dub-, F ) / U. Parmime audwrim the City of Cage CmvwW to utilinm Pemalttm's name and projed for public reladm purpoeea sed otber media relseed propoaee. 117. UnUmm The applkmt agreat to pry the Ctty, in mWenm, fbr uW rervim provided by ft City d. the CiWa usual rem and any other permit fbes that may be appliaabla to the particular production m req" by the City of Cape Canxvurel IV. itsamotm Non-profit orgmimdons may seek a waiver of my of the outdoor aederu maem coda requiream s ifthe mcd ms vnaived daliog with the health, n6ty std vnelfltre of those in samdonoe, as well m the Soaenl public, have been otherwise provided br as required by said code. Lint arty wwn*doms you aro mekiog. ,G s A.ppoved by City of Cape CanavwaL- City Ropzoaatmrdn's Nemo: Ttido: 5isestare: Applfamts shall keep a copy of titin approved permdt and sawh leaatr on the day of the eveaf within tiro City of Cape Canaveral, Fat IN Cher intormadM piaaae =tUt City of Capp Canaveral Staoan C. Boucher, City Manager 10S Polk Avmw Cape Commal, FL 32920 Phme: (321) 8684230 Fax: (321)869-1224 0 t k- f LLI f � r 01/22/2009 22:07 3523440652 TNT ACORD, CERTIFICATE OF LIABILITY INSURANCE .. w PAGE 01 MM flaaw bbft*o FL IM POLM EM AFFOROM 4E fflf♦ R.11.Y Nsft `e. Grs /O ftf U3 _ IN Now* RL M Mitt" mjOmm T. TWA Of! G[lliD ML OF MiT COfl1R O Cit , Tle f�Om WAMD AMW FOA T1! ►OUCY f &OW fOITJ►TEO, A/0Tw1 m@TM>dO "Illi rOl�e OF f. T ANC! lGON hM O MAVF 1 MIJE4 T OTHM 00DAVEW SRN FAMMCT TO WHM 'nM DMOVAT! WY at now OR IMV PIMP, T41 MUMMCR AFMMI M 1s!T "d NOLXX* 09OW400 1f 9 Is BUMACT TO ALL TM TMM. RXCLU* g ANO OONOITNM 00 ALCH ?4V CMl A00MOATE LM& 1 VWW MAY MAW SEEM M19 XM &V IMJp CLAW. MIAMI A X s>f MEW" 0111VJOM 111111M laAfo wua� wommago=6 slup ABU 1 LAIR ffe 4UMPMLAS� AMEN X IIIl"ON"uu f7 CMI A" l ff�! LffT j ALL On"o ANO filfieOWM AYIOf IA efrb I -- 00M Aum,, "Oba M &Aff" I44k/aLSA"AIM SWM ONIRyb" AM nftI" �OLM �ICTO.I Miff Alr i orts"M umajo MEW E f y+fr wm f7n� ea afifMnt/lf, iaetlfs�rflras �flfaufXflfa Aff� w fAlflrfOefl � fffi�Al nlaraflf 000 N§WAW pfi1ADAMY Of 1'Ift AiOrX fffoafftrl�lLfO � e�l,� f1/0Y Tle!>D�AaI d Cfrfe Canewni can nfmmoc Tfm am".oiwfa am mummo fl ra.fla M "is rwrtTMf m ae = ME"" to "d of "oomm f its MOM To Tllf LYI. ow FAll" 0060 Raaf to amps"= Wk mm etre ~ "At NO AK "MONTS am Ctf cmw,@ 1, K in" .rlgerlle.f.fffr &"" L� _ r/ .....SCA► 2009 CAPE CANAVERAL. ART FESTIVAL AGREENWiT THIS 2009 CAPE CANAVERAL ART FESTIVAL AGREENINT ("Agreement") is made and entered into as of the day of ... _ .2008 by and between the CM OF CAPE CANAVERAL, a Florida Municipal Corporation, ("City"), and T -NT EVENTS, INC., a Florida Corporation ("Permittee"). WHEREAS, Pcmiduce desires to coordinate the 2009 Cape Canaveral Art Festival, "images in Art," for the benefit of the public on March 28 and 29, 2009 at Manatee Sanctuary lark, which is located in and owned by the City of Cape Canaveral, ,Florida, and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the 2009 Cape Canaveral Art Festival at Manatee Sanctuary Park, as pernnited under this Agreement; and WHEREAS, Permittee representsand warrants that ithas the personnel, tools, materials,, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided bereia. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions: (a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event, including, but not limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster, radio, television or newspapers. (b) "Agreement"or "Contract" shall mean this Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. (c) "Manatee Sanctuary Paris" shall mean the park owned and operated by the 2009 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, ine. Page1of10 City, which is located within the City of Cape Canaveral at 701 Thurm Boulevard. (d) "City" shall mean the City of Cape Canaveral, a Florida Municipal Corporation and its employees, agents and contractors. (e) "City Manager" shall mean the City Manager of the City of Cape Canaveral, Florida or his designee. (f) "Permittee" shall mean T -N -T Events, Inc., a Florida Corporation, and its officers, employees, agents, and its contractors. (g) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect The Agreement shall not be effective against any party until said date. (h) "Public Records" is as described in Section 119.011(11), Florida Statutes. (i) "Special Event"shalI mean the 2009 Cape Canaveral Art Festival to be held at Manatee Sanctuary Park on March 28 and 29, 2009and further described in this permit Agreement The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Permittee agrees to provide the Special Event outlined in this Agreement. No prior or, present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Evens. Permittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event Permittee shall advertise, produce, plat[, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote, manage, and operate the Special Event so that City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event, Permittee shall retain all fees and commissions from the concessions provided by Permittee. 2009 CAPE CANAVERAL ART FEMVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc Page 2 of 10 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4 Staging; Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, radios, tents, port -a -lets, security, event stat% and catering for staff. 3.5 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.6 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event 4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall be paid as follows: 4.1 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, fire and police services and extra City personnel services caused by the Special Event and as deemed reasonably necessary by the City Manager, clean up of Manatee Sanctuary Park and surrounding area, parking coordination, repair of damages incurred to Manatee Sanctuary Park caused by the Special Event, portable restroom facilities, and existing lighting of Manatee Sanchiary Panic and surrounding areas. Payment for any expenses owed to City under this provision shall be made at the conclusion of the Special Event or within ten (10) days of presentation of such expenses by City to Permittee, whichever occurs later. 4.2 City Expenses. City shall provide to Permittee access to Manatee Sanctuary Park on the days of the Special Event Additionally, City shall provide Permittee access to Manatee Sanctuary Park on the one (1) day immediately preceding and the one (1) day immediately following the Special Event for set-up and clean up purposes. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, professional entertainment and the steps necessaryto complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it bas the competence and abilities to carefully, professionally, and faithfully complete the Special Event In the manner and within the time limits proscribed herein. The Permittee will perform the Special Event with due and reasonable diligence consistent with sound 2009 CAPE CANAVERAL ART FESI'[VAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 3 of 18 professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: 6.1 Time of the Essence. The City's responsibility to make Manatee Sanctuary Park available to Permittee is limited to the time periods set forth hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 62 Non -Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non -business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day, excluding the days the Special Event will be held pursuant to this Agreement 6.3 No Assignment This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Council of the City of Cape Canaveral. 6.4 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any fiuther documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, and Brown, Garganese, Weiss and D'Agresta, P. A., and other attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. if a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.7 Governing Law; Venue. This Agreement shall be governed by the law of the State offlorida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Special Event is Brevard County. if any dispute concerning this Agreement arises under Federal law, tine venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 2009 CAPE CANAVERAL ART FESTIVAL AGREEMENT Chy of Cape Canaveral I T -N -T Events, Int. Page 4 of 10 6.8 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, the prevailing patty in such litigation or controversy shall, to the extent permitted by law, be entitled to recover from the other party or parties all reasonable attorney's flees and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings. 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service, or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): TO THE CITY: WITH A COPY TO: Mr. Bennett Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1230 (Phone) 321-868-1224 (Fax) Anthony A. Garganese City Attorney Brown, Garganese, Reiss & D'Agr+esta, P.A. 111 N. Orange Avenue, Suite 2000 Orlaado, FL 32802-2873 407-425-9566 (Phone) 407-425-9596(Fax) 2009 CAPE CANAVERAL ART MTTVAL AGREEMENT City of Cape Canaveral / T -N -T Events, lne- Page 5 of 10 TO PE Ml—E: Ms. Terri Rudzitis, President T -N -T Events, Inc. P. O. Box 623 Inverness, FL 34451 (352) 344-0657 (Phone) (352) 344-0652 (Fax) 6.1 I Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be original; but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Permittee related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Permittee. Said record document, computerized information and grogram, audio or video tape, photograph, or other writing of the Permittee is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Permittee shall promptly supply copies of said Public Records to the City. All books, cards, registers, receipts, documents, and other papers in connecdon with this Agreement shall at any and all reasonable times during normal business hours of the Permittee be open and freely exhibited to the City for the purpose of examination and/or audit, 6.13 Interpretation. Both the City and the Permittee have participated in the drafting of all parts of this Agreement_ As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint venture or principal -agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and aclmowledges that the City has made no representations and warranties regarding the Special Event. Permittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral 2009 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc Page 6 of 10 or written, and 0 such matters shall be deemed merged into this Agreement. 8.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this AgreemeK 'including any and all activities and services provided and performed by Permittee and byauthorizedparticipants of the Special Event, the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted: and occurring under this Agreement, including any and al l activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability, property damage liability, and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles, hired and non -owned vehicles, and employee non -ownership. Al I insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shal l cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written :notice to the City in compliance with other provisions of this Agreement. The Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement if the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of deliver of such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of Special Event, the Permittee shall continuously maintain such 2009 CAPE CANAVERAL ART FESTWAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 7 of 10 insurance in the amount, type, and quality as required by this paragraph. 10.0 Indemnification and Bold Harmless. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, otiaicem, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and/or the services and activities provided and performed under this Agreement The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may arise or result from this Agreement In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. 11.0 Standard of Cam In performing its activities and services hereunder, the Permittee wil I use that degree of ears and Wil ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and the authorized participants thereto. 12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the Special Event and this Agreement at any time, without penalty. 13.0 Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and end at such time Pemuttee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he or she has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. 2009 CAPE CANAVERAL ART FBS'MAL AGREEMENT City of Cape Canaveral I T N -T Events, Inc. Page 8 of 10 CITY: CITY OF CAPE CANAVERAL, A Florida Municipal Corporation By. Rocky Randels, Mayor ATTEST: Susan Stills, City Clerk 2009 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T N -T Events, Lnc Page 9 of 10 PERAUTTEE: T -NT EVENTS, INC. A Florida Corporation. By: Terri Rudzitis, President STATE OF FLORIDA COUNTY 01r 0 The foregoing instrument was acknowledged before me this IS day ofI _L(1jkt,'yZ^008, 2jQA by Terri Rudzitis, President, T -N -T EVENTS, INC., a Florida corporation, who is personally known to me or N/"') produced jjZL P-5 "�2 t 1�7� LQ, 2, �j as identification. MR Al. ZAG0ftR8jx0j /A% *b" Pubk State of FWd. 17. M'2 o N Public - S*�of F� Print Name iMy Commission Expiresy4t 9-0 1 2009 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, ane- Page 10 of 10 Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading Ordinance -2nd Hearing Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2009, AMENDING CHAPTER 82, ADOPTING THE FLORIDA BUILDING CODE 2007 EDITION DEPT/DWISION. COMMUNITY DEVELOPMENT/BUILDING Requested Action: City Council consider the adoption of Ordinance No. 02-2009, amending Chapter 82 of the City Code, adopting the Florida Building Code 2007 Edition. Summary Explanation & Background: The 2007 Edition of the Florida Building Code has an effective date of 03-01-09. I recommend approval. Exhibits Attached: Ordinance No. 02-2009 and supporting documentation City Manager' Office Department COMMUNITY ., DEVELOPMENT/BUILDING ap .. rnlm dcc .. tints\admi ci1\meeting\2009\03-03-09\02-2009.doc ORDINANCE 02-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in accordance with section 553.73. Florida Statutes, the Florida Building Code has recently undergone an update, which requires review and amendment to local administrative and technical code revisions; and WHEREAS, the City Council desires to adopt the latest version of the Florida Building Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative Findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 82, Article lI entitled Building Code of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strik,uut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in sections Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS City of Cape Canaveral Ordinance 02-2009 Page I of 3 ARTICLE II. BUILDING CODE Sec. 82-31. Florida Building Code adopted. The Florida Building Code 1964 2007 edition, as may be amended from time to time. as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. (a) Board ofadjustment and appeals. The construction board of adjustment and appeals shall serve as the board of adjustment and appeals for this Code. (b) Wind speed zone : All of the city as described within the City Charter, article I, section 2, is in the wind speed zone of 130 mph, three -second gust. (c) Wind exposure category. All of the city as described within the City Charter, article I, section 2, is in the wind exposure category exposure "C." (d) Wind horse debris region. All of the city as described within the City Charter, article I, section 2, is in the wind home debris region. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective March 1, 2009. City of Cape Canaveral Ordinance 02-2009 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this — day of , 2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Burt Petsos SUSAN STILLS, City Clerk Rocky Randels C. Shannon Roberts Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 02-2009 Page 3 of 3 View Legal Ad# 114824 Print Window Close Window AD# 114824,02/21/2009 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Flonda will hold a Public Hearing for the purpose of discussing Ordinance No. 02-2009 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, March 3, 2009. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5.00 p.m.. Monday -Friday) - ORDINANCE 02-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE: PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE: PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeling Susan Stills, CMC, City Clerk AD#. 114824 Publication: Florida Today First Published: 02-21-2009 Page 1 of 1 littp://Legals.flatoday.iiet/db/display.btm'?CMD=DISPLAY&Id=41803 2/23/2009 PREFACE History The State of Florida first mandated statewide building codes during the 1970s ai the beginning of the modern construction boom. The first law required all municipalities and counties to adopt and enforce one of the four state -recognized model codes known as the "state minimum building codes." During the early 1990s a series of natural disasters, together with the increasing complexity of building construction regulation in vastly changed markets, led to a comprehensive review of the state building code system. The study revealed that building code adoption and enforcement was inconsistent throughout the state and those local codes thought to be the strongest proved inadequate when tested by major hurricane events. The consequences of the building codes system failure were devastation to lives and economies and a statewide property insurance crisis. The response was a reform of the state building construction regulatory system that placed emphasis on uniformity and accountability. The 1998 Florida Legislature amended Chapter 553, Florida Statutes, Building Construction Standards, to create a single state building code that is enforced by local governments. As of March 1, 2002, the Florida Building Code supercedes all local building codes which ace developed and maintained by the Florida Building Commission. It is updated every three years and may be amended annually to incorporate interpretations and clarifications. Scope The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida's specific needs. The code incorporates all building construction -related regulations forpublic and pri- vate buildings in the State of Florida other than those specifically exempted by Section 553.73, Florida Statutes. It has been harmo- nized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services. Office of the State Fire Marshal. to establish unified and consistent standards. The base codes for the 2004 edition of the Florida Building Code include: the International Building Code, 2003 edition; the In- ternational Plumbing Code, 2003 edition; the International Mechanical Code, 2003 edition; the In.iernationa.l Fuel Gas Code, 2003 edition; the International Residential Code, 2003 edition; the International Existing Building Code, 2003 edition; the National Electrical Code, 2002 edition; the U. S. Department of Housing and Urban Development, Fair Housing Guidelines, and; substan- tive criteria from the American Society of Heating, Refrigerating and Air-conditioning Engineers' (ASEIRAE) Standard 90.1-2001. State and local codes adopted and incorporated into the code include the Florida Energy Efficiency Code forBuilding Construction, the Florida Accessibility CodeforBuilding Construction and special hurricane protection standards for the high -velocity hurricane zone. The code is composed of seven main volumes: the Florida Building Code, Building, which also includes Chapter 13 (energy ef- ficiency) and Chapter l I (accessibility) as well as state regulations for licensed facilities; the Florida Building Code, Plumbing; the Florida Building Code, Mechanical; the Florida Building Code, Fuel Gas; the Florida Existing Building Code; the Florida Build- ing Code, Test Protocols for High -Velocity Hurricane Zones and the Florida Building Code, Residential. Chapter 27 of the Florida Building Code, Building, adopts the National Electrical Code, NFPA 70, by reference. Chapter 33 of the Florida Building Code, Residential adopts the National Electrical Code Requirements for One- and Two -Fancily Dwellings, NFPA 70A, by reference. Under certain strictly defined conditions, local governments may amend requirements to be more stringent than the code. All lo- cal amendments to the Florida Building Code must be adopted by local ordinance and reported to the Florida Building Commission then posted on the www.floridabuildute.orQ web site in Legislative format for a month before being enforced. Local amendments to the Florida Building Code and the Florida Fire Prevention Code may be obtained from the Florida Building Commission web site, or from the Florida Department of Community Affairs or the Florida Department of Financial Services, Office of the Slate Fire Marshal, respectively. Adoption and Maintenance The Florida Building Code is adopted and updated with new editions triennially by the Florida Building Commission. It is amended annually to incorporate interpretations, clarifications and to update standards. Minimum requirements for permitting, plans review and inspections are established by the Code, and local jurisdictions may adopt additional administrative requirements that are more stringent. Local technical amendments are subject to strict criteria established by Section 553.73, Florida Staihrtes. They are subject to commission review and adoption into the code or repeal when the code is updated triennially and are subject to appeal to the Commission according to the procedures established by Section 553.73, Florida Statutes. Nine Technical Advisory Committees (TACs), which are constituted consistent with American National Standards Institute (ANSI) Guidelines, review proposed code changes and clarifications of the Code and make recommendations to the Commission. The TACs include: Joint Building Fire (a joint committee of the Commission and the State Fire Marshal); Building Structural; plumbing and Fuel Gas; Mechanical; Electrical; Energy; Accessibility; Special Occupancy (state agency construction and facility licensing regulations); and Code Administratiort/Enforcement. W 1101TIDL•\=111I4DIIM16161 0:111=41[l14SIUM The Commission may only issue official code clarifications using procedures of Chapter 120, Florida Slannes. To obtain such a clarification, a request fora Declaratory Statement (DEC) must be made to the Florida Building Commission in amanner that estab- lishes a clear set of facts and circumstances and identifies the section of the code in question. Requests are analyzed by staff, re- viewed by the appropriate Technical Advisory Committee, and sent to the Florida Building Commission takes first action. Draft Declaratory Statements are subject to public comment and finalized by the Commission at its next meeting. These interpretations establish precedents for situations having similar facts and circumstances and are typically incorporated into the code in the next code amendment cycle. Marginal Markings Vertical lines in the margins within the body of the code indicate a change from the requirements of the base codes to the 2004 Florida Building Code effective October J. 2005. An asterisk(*) inserted in the margin indicates a change from the 2004 Florida Building Code to the 2005 Florida Building Code revisions filed with the Florida Depanment of State November 21, 2005. Two asterisks (**) inserted in the margin indicates a change in the 2004 Florida Building Code to the 2006 Florida Building Code revisions, effective December S, 2006. Three asterisks (***) inserted in the margin indicates a change in the 2004 Florida Building Code to the 2007 Florida Building Code revisions, effective July I, 2007. Sections deleted from the base code are designated "Reserved." Acknowledgments The Florida Building Code is produced through the effons and contributions of building designers, contractors, product manu- facturers, regulators and other interested parties who participate in the Florida Buikling Commission's consensus processes, Com- mission staff and the participants in the national model code development processes. IVR FLORIDA BUILDING CODE — BUILOING lion., the AF&PA Wood Frame Construction Manual for One- and Two -Family Dwellings, High Wind Edition, die FC & PA Guide to Concrete Masonry Residential Con- struction in High Wind Areas, and the WPPC Guide to Wood Construction in High Wind Areas are applicable only to buildings located within Exposure A, B or C as defined in Section 1609.4. The provisions shall not apply to buildings sited on the upper half of an isolated hill. ridge, or escarpment meeting the following conditions: L The hill, ridge or escarpment is 60 feet (18.3 m) or higher if located in exposure B or 30 feet (9.1 m)or higher if located in exposure C; 2. The maximum average slope of the hill exceeds 10 percent; and 3. The hill, ridge or escarpment is unobstructed up- wind by other such topographic features for a dis- tance from the high point of 50 times the height of the hill or i mile (1.6 km), whichever is greater. 1609.1.2 Minimum wind loads. The wind loads used in the design of the main wind -force -resisting system shall not be less than 10 psf (0.479 kN/mz) multiplied by the area of the building or structure projected on a vertical plane normal to the wind direction. Jn the calculation of design wind loads for components and cladding for buildings, the algebraic sum of the pressures acting on opposite faces shall be taken into account. The design pressure for components and clad- ding of buildings shall not be less than ]0 psf (0.479 kN/m') acting in either direction normal to the surface. The design force for open buildings and other structures shall not be less than 10 psf (0.479 kN/m2) multiplied by the area A. 1609.1.3 Anchorage against overturning, uplift and slid- ing. Structural members and systems and components and cladding in a building or structure shall be anchored to resist wind -induced overturning, uplift and sliding and to provide continuous load paths for these forces to the foundation. Where a portion of the resistance to these forces is provided by dead load, the dead load, including the weight of soils and foundations, shall be taken as the minimum dead load likely to be in place during a design wind event. Where the alternate basic load combinations of Section 1605.3.2 are used, only two-thirds of the minimum dead load likely to be in place during a design wind event shall be used. 1609.1.4 Protection of openings. In wind-borne debris re- gions, glazing in buildings shall be impact resistant or pro- tected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTiVT E 1996, ANSUDASMA 115 (for garage doors and rolling doors) or Miami -Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: 1. Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Mis- sile Test. 2. Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test, 3. Storage sheds that are not designed for human habita- tion and that have a floor area of 720 square feet (67 STRUCTURAL DESIGN m2) or less are not required to comply with the manda- tory windborne debris impact standards of this code. 4. Openings in sunrooms, balconies or enclosed porches constructed under existing roofs or decks are not re- quired to be protected provided the spaces are sepa- rated from die building interior by a wall and all openings in the separating wall are protected in accor- dance with Section 1609.1.4 above. Such spaces shall be permitted to be designed as either partially enclosed or enclosed structures. 5. Louvers. Louvers protecting intake and exhaust ven- tita(ion ducts not assumed to be open that are located within 30 feet (91411 mm) of grade shall meet require- ments of the Large Missile Test. Impact -resistant coverings shall be tested at 1.5 umes die design pressure (positive or negative) expressed in pounds per square feet as determined by the Florida Buikling Code, Building Section 1609 for which the specimen is to be tested. Exceptions: 1. Wood structural panels with a minimum thickness of Y.6 inch (11.1 mm) and a maximum span of 8 feet (2438 mm) shall be permitted for opening pro- tection in one- and two-story buildings. Panels shall be precut so that they shall be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be predrilled as required for the anchorage method and all required hardware shall be provided. At- tachment shall be designed to resist the compo- nents and cladding loads determined in accordance with the provisions of Section 1609.6.1.2, with permanent corrosion -resistant at- tachment hardware provided and anchors perma- nently installed on the building. Attachment in accordance with Table 1609.1.4, with permanent corrosion -resistant attachment hardware provided and anchors permanently installed on the building, is permitted for buildings with a mean roof height of 45 feet (13 716 mm) or less where wind speeds do not exceed 140 mph (63 m/s) 2, Glazing in Occupancy Category I buildings as de- * fined in Table 1604.5, including production green- houses that are occupied for growing plants on a production or research basis, without public ac- cess shall be permitted to be unprotected. 3. Glazing in Occupancy Category 11, 111 or 1V build- ings located over 60 feet O 8 288 mm) above the ground and over 30 feet (9144 mm) above aggre- gate surface roofs located within 1,500 feet (458 m) of the building shall be permitted to be unprotected. 1609.1.4.1 Building with openings. Where glazing is assumed to be an opening in accordance with Section 1609.1.4, (he building shall be evaluated to determine if the openings are of sufficient area to constitute an open or partially enclosed building as defined in Section 1609.2. Open and partially enclosed buildings shall be designed in accordance with the applicable provisions of ASCE 7. FLORIDA BUILDING CODE — BUILDING 16.13R STRUCTURAL DESIGN to h opo 140 m! 20 130 Mal Wind -home Debris Region Ul Designated areas where the basic wind speed is 120 mph or greater. 110 MPH and within 1 mile of the coast IMilr Basic Wind Speed awn 0 Values are nominal d*09n, 3- second quits, vAnd-speeds In miles per hour Imp h) at 33 feel 00l above grout for 1 ExpoiuyeC Category. 0 'N$ map is accurate to the county. Local gol intablish ipecific wind-jpeed / vAnd-bome debris fines u5fing physical landmarks such as major roads, carha,[s, tivel and sNyolines- 0 :sbnds and (o) sW a rva4 outside I he last contour shall useh the last t wind, %peod contour of thecoastal area. FIGURE 1609 STATE OF FLORIDA WIND-BORNE DEBRIS REGION & BASIC WIND SPEED 16.14R r-1 FLORIDA BUILDING CODE — BUILDING STRUCTURAL DESIGN TABLE 1609.1.4 WIND-BORNE DEBRIS PROTECTION FASTENING SCHEDULE FOR WOOD STRUCTURAL PANELS For Sl: t inch = 25.4 mm, i foot = 304.8 mm. 1. This table is based on a maximum wind speed of 140 mph (63 m/s) and mean roof height of 45 feel 113 716 m) or less. 2. Fasteners shall be installed at opposing ends of the wood structoral panel. 3. where screws are attached to masonry or masonry/stucco. they shall be attached using vtbraion-resistant anchors having minimum withdrawal capacity of 1,500 Ib (6673 I:N). 1609.1.4.2 Optional exterior door component testing. Exterior side -hinged door assemblies shall have the op- tion to have the components of the assembly tested and rated for impact resistance in accordance with the fol- lowing specification: SDI 250.13. 1609.1.5 The wind-borne debris regions requirements shall not apply landward of the designated contour line in Figure 1609. A geographical boundary that coincides with the con- tour line shall be established. 1609.2 Definitions. The following words and terms shall, for the purposes of Section 1609.6. have the meanings shown herein. BUILDINGS AND OTHER STRUCTURES, FLEXIBLE. Slender buildings and other structures that have a fundamental natural frequency less than 1 Hz. BUILDING, ENCLOSED. A building that does not comply with therequiremenis foropen orpartially enclosed buildings. BUILDING, LOW-RISE. Enclosed or partially enclosed buildings that comply with the following conditions: I. Mean roof height, h. less than or equal to 60 feet (18 288 mm). 2. Mean roof height, h, does not exceed least horizontal di- mension. BUILDING, OPEN. A building having each wall at least 80 percent open. This condition is expressed for each wall by the equation: A„ >_ 0.8 Ag (Equation 16-31) where: Ao = Total area of openings in a wall that receives positive external pressure, in square feet (m'). Ae = The gross area of that wall in which A. is identified, in square feet (m'). BUILDING, PARTIALLY ENCLOSED. A building that complies with both of the following conditions: 1. The total area of openings in a wall that receives positive external pressure exceeds the sum of the areas of open- ings in the balance of the building envelope (walls and roof) by more than 10 percent; and 2. The total area of openings in a wall that receives positive external pressure exceeds 4 square feet (0.37 m2) or 1 percent of the area of that wall. whichever is smaller, and the percentage of openings in the balance of the building envelope does not exceed 20 percent. These conditions are expressed by the following equations: A„> 1,1OA,,, (Equation 16-32) Ao > 4 square feet (0.37 m'-) or > 0.01 As, whichever is smaller, and A,,;/Ax; <_ 0.20 (Equation 16-33) where: A, A, are as defined for an open building, A,, = The sum of the areas of openings in the building enve- lope (walls and roof) not including A,, in square feet (m2). A,, = The sutn of the gross surface areas of the building enve- lope (walls and roof) not including As, in square feet (m1)• BUILDING, SIMPLE DIAPHRAGM. A building in which wind loads are transmitted through floor and roof diaphragms to the vertical lateral -force -resisting systems. COMPONENTS AND CLADDING. Elements of the build- ing envelope that do not qualify as part of the main windforce-resisting system. EFFECTIVE WIND AREA. The area used to determine GCp. Forcomponent and cladding elements, theeffective wind area in Tables 1609.6.2.)(2) and 1609.6.2.1(3) is the span length multiplied by an effective width that need not be less than one-third the span length. For cladding fasteners, the effective wind area shall not be greater than the area that is trib- utary to an individual fastener. HURRICANE -PRONE REGIONS. Areas vulnerable to hurricanes defined as: 1. The U.S. Atlantic Ocean and Gulf of Mexico coasts where the basic wind speed is greater than 90 mph (39.6 m/s) and FLORIDA BUILDING CODE — BUILDING 16.15111 FASTENER SPACING (Inches)', 2 Panel span <2 feet 2 feet < Panel span 54 feet a feet <Panel span _<6 feet 6 feet < Panel span <8 feet FASTENER TYPE N8 Wood screw -based anchor with 16 l6 10 8 2 -inch length' embedment leng 4110 Wood screw -based anchor with 16 16 12 9 2 -inch embedment length' t/A Lag screw -based anchor with 2 -inch 16 16 16 16 embedment length` For Sl: t inch = 25.4 mm, i foot = 304.8 mm. 1. This table is based on a maximum wind speed of 140 mph (63 m/s) and mean roof height of 45 feel 113 716 m) or less. 2. Fasteners shall be installed at opposing ends of the wood structoral panel. 3. where screws are attached to masonry or masonry/stucco. they shall be attached using vtbraion-resistant anchors having minimum withdrawal capacity of 1,500 Ib (6673 I:N). 1609.1.4.2 Optional exterior door component testing. Exterior side -hinged door assemblies shall have the op- tion to have the components of the assembly tested and rated for impact resistance in accordance with the fol- lowing specification: SDI 250.13. 1609.1.5 The wind-borne debris regions requirements shall not apply landward of the designated contour line in Figure 1609. A geographical boundary that coincides with the con- tour line shall be established. 1609.2 Definitions. The following words and terms shall, for the purposes of Section 1609.6. have the meanings shown herein. BUILDINGS AND OTHER STRUCTURES, FLEXIBLE. Slender buildings and other structures that have a fundamental natural frequency less than 1 Hz. BUILDING, ENCLOSED. A building that does not comply with therequiremenis foropen orpartially enclosed buildings. BUILDING, LOW-RISE. Enclosed or partially enclosed buildings that comply with the following conditions: I. Mean roof height, h. less than or equal to 60 feet (18 288 mm). 2. Mean roof height, h, does not exceed least horizontal di- mension. BUILDING, OPEN. A building having each wall at least 80 percent open. This condition is expressed for each wall by the equation: A„ >_ 0.8 Ag (Equation 16-31) where: Ao = Total area of openings in a wall that receives positive external pressure, in square feet (m'). Ae = The gross area of that wall in which A. is identified, in square feet (m'). BUILDING, PARTIALLY ENCLOSED. A building that complies with both of the following conditions: 1. The total area of openings in a wall that receives positive external pressure exceeds the sum of the areas of open- ings in the balance of the building envelope (walls and roof) by more than 10 percent; and 2. The total area of openings in a wall that receives positive external pressure exceeds 4 square feet (0.37 m2) or 1 percent of the area of that wall. whichever is smaller, and the percentage of openings in the balance of the building envelope does not exceed 20 percent. These conditions are expressed by the following equations: A„> 1,1OA,,, (Equation 16-32) Ao > 4 square feet (0.37 m'-) or > 0.01 As, whichever is smaller, and A,,;/Ax; <_ 0.20 (Equation 16-33) where: A, A, are as defined for an open building, A,, = The sum of the areas of openings in the building enve- lope (walls and roof) not including A,, in square feet (m2). A,, = The sutn of the gross surface areas of the building enve- lope (walls and roof) not including As, in square feet (m1)• BUILDING, SIMPLE DIAPHRAGM. A building in which wind loads are transmitted through floor and roof diaphragms to the vertical lateral -force -resisting systems. COMPONENTS AND CLADDING. Elements of the build- ing envelope that do not qualify as part of the main windforce-resisting system. EFFECTIVE WIND AREA. The area used to determine GCp. Forcomponent and cladding elements, theeffective wind area in Tables 1609.6.2.)(2) and 1609.6.2.1(3) is the span length multiplied by an effective width that need not be less than one-third the span length. For cladding fasteners, the effective wind area shall not be greater than the area that is trib- utary to an individual fastener. HURRICANE -PRONE REGIONS. Areas vulnerable to hurricanes defined as: 1. The U.S. Atlantic Ocean and Gulf of Mexico coasts where the basic wind speed is greater than 90 mph (39.6 m/s) and FLORIDA BUILDING CODE — BUILDING 16.15111 STRUCTURAL DESIGN 2. Hawaii, Puerto Rico, Guam. Virgin Islands and Ameri- can Samoa. IMPORTANCE FACTOR, I.. A factor that accounts for the degree of hazard to human life and damage to property - MAIN WINDFORCE-RESISTING SYSTEM. An assem- blage of structural elements assigned to provide support and stability for the overall structure. The system generally receives wind loading from more than one surface. MEAN ROOF HEIGHT. The averageof the roof cave height and the height to the highest point on the roof surface, except that cave height shall be used for roof angle of less than or equal to 10 degrees (0.1745 rad). WIND-BORNE DEBRIS REGION. Portions of hurri- cane -prone regions that are within I mile (3.61 km) of the coastal mean high waterline where the basic wind speed is 1)0 mph (48 m/s) or greater; or portions of hurricane -prone regions where the basic wind speed is 120 mph (53 m1s) or greater: or Hawaii. 16093 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Figure 1609. The exact location of wind speed lines shall be established by local ordinance using recognized physical landmarks such as major roads, canals, rivets and lake shores, wherever possible. 1609.3.1 Wind speed conversion. When required, the 3 -second gust wind velocities of Figure 1609 shall be con- vened to fastest -mile wind velocities using Table 1609.3.1. 1609.4 Exposure category. For each wind direction considered, an exposure category that adequately reflects the characteristics of ground surface irregularities shall be determined for the site at which the building or structure is to be constructed. For a site located in the transition zone between categories, the category resulting in the largest wind forces shall apply. Account shall be taken of variations in ground surface roughness that arise from nat- ural topography and vegetation as well as from constructed fea- tures. For any given wind direction, the exposure in which a specific building or other structure is sited shall be assessed as being one of the following categories. When applying the simplified wind load method of Section 1609.6, a single exposure category shall be used based upon the most restrictive for any given wind direction. { 1. Exposure A. This exposure category is no longer used in ASCE 7. 2. Exposure B. Urban and suburban areas, wooded areas or other terrain with numerous closely spaced obstructions having the size of single -fancily dwellings or larger. Ex- posure B shall be assumed unless the site meets the defi- nition of another type of exposure. 3. Exposure C. Open terrain with scattered obstructions, j including surface undulations or other irregularities, having heights generally less than 30 feet (9 144 mm) ex- tending more than 1.500 feet (456 m) from the building site in any quadrant. Thisexposure shall also apply toany building located within Exposure B -type terrain where the building is directly adjacent to open areas of Expo- sure C-type terrain in any quadrant fora distance of more than 600 feet ( 182.9 m). Short-term (less than two years) changes in the preexisting terrain exposure, for the pur- poses of development, shall not be considered open fields. Where development build out will occur within three years and the resultant condition will meet the defi- nition of Exposure B. Exposure B shall be regulating for the purpose of permitting. This category includes Flat open country, grasslands and ocean or gulf shorelines. This category does not include inland bodies of water that present a fetch of I mile (1.61 km) or more or inland waterways or rivers with a width of 1 mile (1.61 km) or more (see Exposure D). Exposure D. Flat, unobstructed areas exposed to wind flow- ing over open water (excluding shorelines in hurricane -prone regions) for a distance of at least I mile (1.6) km). Shorelines in Exposure D include inland waterways, the Great Lakes and coastal areas of California, Oregon, Washington and Alaska. This exposure shall apply only to those buildings and other structures exposed to the wind coming from over the water. Exposure D extends inland from the shoreline a dis- tance of 1,500 feet (460 m) or 10 times the height of the building or structure, whichever is greater. 1609.5 Importance factor. Buildings and other structures shall be assigned a wind load importance factor, 1,,, in accor- dance with Table 1604.5. 1609.6 Simplified wind load method. 1609.6.1 Scope. The procedures in Section 1609.6 shall be permitted to be used for determining and applying wind pressures in the design of enclosed buildings with flat, ga- bled and hipped roofs and having a rnean roof height not ex- ceeding the least horizontal dimension or 60 feet (18 288 mm), whichever is less, subject to the limitations of Sections 1609.6.1.1 and 1609.6.1.2. If a building qualifies only under Section )609.6.1.2 for design of its components and clad- ding, then its main windforce-resisting system shall be de- signed in accordance with Section 1609.1.1. Exception: The provisions of Section 1609.6 shall not ap- ply to buildings sited on the upper half of an isolated hill or escarpment meeting all of the following conditions: 1. The hill or escarpment is 60 feet (18 288 mm) or higher if located in Exposure B or 30 feet (9144 mm) or higher if located in Exposure C. 2. The maximum average slope of the hill exceeds 10 percent. TABLE 1609.3.1 EQUIVALENT BASIC WIND SPEEDS'- °-` Vc 85 90 l00 105 110 120 125_[_ 130 140 145 150 160 170 Vrm 70 75 80 85 90 l00 lt) 110 120 125 130 1 140 I50 For Sl: I milt per hour = 0.44 m/s. a. Linear interpolation is permitted b_ Vie is the I -second gust wind speed (mph). C. Vrm is the fastest mile wind speed (mph). 16.16R FLORIDA BUILDING CODE — BUILDING W Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading 0rdioanoe-1' Hearing [tem newly created lot split procedure. No. resulted in lots that do not have the size and configuration to properly accommodate future development and AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2009, AMENDED PLATTING ORDINANCE DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: City Council consider at first reading, Ordinance No. 04-2009, Amended Platting Ordinance. Summary Explanation & Background: This is an ordinance that amends our code regarding the subdivision of land. Specifically, it requires that all subdivisions of land be approved by the City Council by plat or by a newly created lot split procedure. In the past, land has been subdivided by property owners without review and approval by the City. This has resulted in lots that do not have the size and configuration to properly accommodate future development and creates access management issues such as too many curb cuts (driveways) and a lack of cross access from one parcel to another. Under the new ordinance, all subdivisions of land will be reviewed by Staff and approved by the City Council either by ordinance or resolution. If the subdivision of land creates more than one additional lot, the subdivision must be done by plat and according to the platting procedure. Proposed plats will be taken to the Planning and Zoning Board for review and recommendation and adopted by ordinance by the City Council. In order to expedite the creation of a single additional lot, a onetime lot split procedure is also being created. A proposed lot split would be reviewed by Staff and approved by the City Council by resolution. These are much needed revisions to our code and will serve the community well. Exhibits Attached: P&Z Recommendation City Mana "r' Department Community Development Department _ , arrr' rroye� s admin\counciI1 rneecing\2009\03-03-09\04-2009. doc eARVor CAR! eAYIAVFRAL Date To: City of Cape Canaveral February 12, 2009 Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Planning Re: Recommendation to City Council A & Zoning Boar Proposed Ordinance Amending Chapter 98, Subdivisions, Relating to Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions - Kate Latorre, Assistant City Attorney. At the Planning & Zoning Board meeting, held on February 11, 2009, following review and discussion of the proposed draft ordinance, City Attorney, Kate Latorre, reviewed the list of the Board's recommended changes. By unanimous vote, the Board recommended approval to the City Council, with changes as discussed. Please schedule this Ordinance for an upcoming City Council meeting. 7510 N. Arlan tic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com ORDINANCE NO. 04-2009 AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VTII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to clarify the requirements for consideration and approval of subdivision preliminary and final plats consistent with the requirements of Chapter 177, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby Finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st6keout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 98. SUBDIVISIONS City of Cape Canaveral Ordinance No. 04-2009 Page I of 16 ARTICLE 11. PLATS DIVISION 1 • GENERALLY See. 98-31. Division of land; review and approval required. Reserved: (a) Any subdivision of land into two (21 or more parcels shall be subiect to the requirements of this article. Lbj No owner of real property shall sell, offer to sell or lease lots or tracts of land from such momrtvwithout first having divided such property in accordance with the requirements hereof. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be surveyed by a duly licensed survevor and approved by the city council by Oat or lot split resolution in accordance with the specific applicable provisions of this article and Chapter 177, Florida Statutes. No permit shall be issued for the construction of any building or structure or for an electrical or sewer hookup on any lot or tract sold in violation of this chapter; provided, however, that any such violation can be remedied by complying with the provisions of this article. Sees. 98-32+ — 98-3.540. Reserved. IN 11111 OF I 111 11 11 1111:111 11 11111 1111 11 9 - .. - 101. . - .. . .. ■ ■ IS NJ WA I I Mr. I 0J NJ Rol■. .. .. ■ ■IN"or ININ City of Cape Canaveral Ordinance No. 04-2009 Page 2 of 16 • • • • ••• . ■■.ill •■ • r ■ •■i� ■ . ■ "•■ ■ ■ - • ■• "■ ■ • ■� r■ • • all DIVISION 2 3. PRELIN"ARY PLAT Sec. 9841. Information required. The following information shall be provided to the City not less than 30 days orior to the meetiniz at which the planning and zoning, board will review the preliminary plat: W A completed application on a form proscribed by the city manager reguesting review of the preliminary plat under this division. b� Fourteen (14) copies of the preliminary plat, which shall: City of Cape Canaveral Ordinance No. 04-2009 Page 3 of 16 � ■rnii•sur..■rn�•u■•■r1u■�•i■•►■w�■•uwi•��■i■wzr�■■ei • • • • ••• . ■■.ill •■ • r ■ •■i� ■ . ■ "•■ ■ ■ - • ■• "■ ■ • ■� r■ • • all DIVISION 2 3. PRELIN"ARY PLAT Sec. 9841. Information required. The following information shall be provided to the City not less than 30 days orior to the meetiniz at which the planning and zoning, board will review the preliminary plat: W A completed application on a form proscribed by the city manager reguesting review of the preliminary plat under this division. b� Fourteen (14) copies of the preliminary plat, which shall: City of Cape Canaveral Ordinance No. 04-2009 Page 3 of 16 (1) Conform to the requirements of Chapter 177, Florida Statutes, this Code, and any other applicable statutes and regulations. (22) Bear the certification of a registered surveyor certifying the accuracy of the survey or plat. Be drawn at a uniform scale not smaller than one (1) inch equals one hundred L00 feet. Indicate the title, scale, north arrow and date on each sheet. (5) Show, at a minimum, the following existing conditions on the plat: (A) Primary control points or descriptions and ties to such control points, to which all dimensions, aneles, bearings and similar data on the plat shall be referred. B) Boundary lines (including bearings and distances), lot lines, lot numbers and block number. Location and description of monuments. Easements, including location, width and purpose. Location, width, and names of all streets, waterways, or other rights - of way shall be shown, as applicable. LD Miniinum building setback lines. LW Size data including total acreage, number of lots typical lot size in acres, parks, public open space, etc. Location man showing the site in relation to the existing community, including the name of the development and its location and main traffic arteries. (1), Topographic information showinground elevations of the tract, based on a datum plane approved by the city engineer as follows: 0 For land that slopes less than approximately two percent (2%), show spot elevations at all breaks in rade, alon2all drainage channels or swales and at selected points not more than one hundred City of Cape Canaveral Ordinance No. 04-2009 Page 4 of 16 feet (100') apart in any direction. ii For land that slopes more than approximately two percent (2%, either show contours with an interval of not more than five feet (Y) if ground slope is regular, and such other information as is sufficient for planning numoses, or show contours with an interval of not more than two feet (21 if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings. Other conditions on tract, including water courses, marshes, rock outcrop, wooded areas, houses, barns, shacks and other significant features. Other conditions on adjacent land, including approximate direction and gradient of ground slope and any embankments or retaining walls, character and location of buildings, power lines, towers and other nearby nonresidential land uses or adverse influences, owners of adiacent unplatted land, abutting platted land, with reference to subdivision plat by name, recording date and number, and approximate percent buildup, typical lot size and dwelling type. Q Zoning designation on and adjacent to tract. Proposed public improvements, including roadways, space reserved or dedicated for parks, playgrounds or other public uses or other major improvements planned by public authorities for future construction on or near tract. M Photographs of the tract, at the request of the planning and zoning board. (c) A filing fee, as established by resolution of the city council. Other preliminary plans, if available, which clarify the application. (e) A current title opinion of an attorney licensed in Florida showing that record title to the land as described and shown on the plat is in the name of the person or leeal entity executing the dedication. The title opinion or certification shall also show all mortgages not satisfied, released or otherwise terminated by law and shall be current within 180 of submittal. City of Cape Canaveral Ordinance No, 04-2009 Page 5 of 16 ■.. - ■ ■ ... ■ .: •• • • ■ 1 • : . r ■ • • • • • u • ■ - ■ ■ ... ■ New ..11 111 111 111 1111111J oil .1 1111111 • • • • 1 • : . r ■ • • • • • u • ■ ■ • • • • r. ■ ■ •■ • . ..L-NMIJ a 19 LVINJ.. •■ a See. 98-42. Topograp tic data. Reserved. .. . "17-2 VII ILE City of Cape Canaveral Ordinance No. 04-2009 Page 6 of 16 III to I I I Or, I I IN KNI• • u . ■ • • w ■ r f: ■ ■ A City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 16 1 +■ 4 �� • 11 : :f■ • 1 A 1 I 1 11 1 1 1 Q1110,1111111 Ill., III islillil • �■ .■ .1■ • • ■ • 1 U ■ 9■ .1r • • • ■ . • • ■ ■ • ■ ■i r • 4 ■ • U • ■ City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 16 1 +■ 4 �� • 11 : :f■ • 1 A 1 City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 16 I 1 11 1 1 1 Q1110,1111111 Ill., III islillil 111 111301,1, 111 -i ffim 111111 111::: 111 111111,11111111111111 81 ■ ■ ■. .1 ■ ■ ■ .1 ■ • ■• • ■■ 1i • ji. III 1 11 Nil •■• • • •■ 1 • ••1- •/ •1�� -■ - -• 1 ll•_IS�II•A City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 16 • . ■ ■ ■ f .■ f ■ • ■ ■ • .■■ ■ • ■ ■ ■ • ■ ■ • ■ •I• ■ ■ ■. .1 ■ ■ ■ .1 ■ • ■• • ■■ 1i • City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 16 ����•1w1 U 0 -r1a11 ......... a�t3.■/ ■ - i a �■ -� i ■ • • i iw � i ■ n• •� • ■IN1 • r. • r. ■ • .■ • ■ . -�. ■ 1 ■ Sec. 98A3. , proposais. Reserved. . • r, ■ awe r�aspusti •a>Is�ni�.ti ai�.flsizw.�/ �:w.airsuiuIr.i■.sl�r. Bowan �Gss�l�P:.�rU1s.ILLR.Iw I•Iwl111111.151"0111lmli . �wi■1: �ia��•www■w�isw■ws:rriww■+s��wl■■www• �wwllw�■ws • ■ ■ .0Will 1111111■1 1 1 11■ 1 1 1 1 •■■"kill,■ ■" ■ • ■ ■ • ■ ■ . ■ f A ■ • • ■ ■ Lw url-MIN 9F �asulwlrciri.►:■rs�^il►ewwia►..wna•/■ru/•i•.•�rucir■rl/" City of Cape Canaveral Ordinance No. 04-2009 Page 8 of 16 www wlwsw■■� •www w.�w� ..■■�raa�■ "G • ��: ■III IIIIII.01 I IIIII IIIIIIIIIIIIIIIIIIIIII ■• ■ w ■■■ M See. 98-44. Other PreffiII0112111 Y P12na..- Reserved. IMEDI !J 5161 W4W. III ll,:Illllll III OQW.-AL"Ill 11 .. Jill■ ■ n ■111111 • 1 11........■: ■ 11 Milli 11 11 11 :e See. 98-45. City review. (a) Upon the documents required under this division being presented to the city, the building offi plartning official shall review and forward to the appropriate city reviewing staff engincer a copy of all documents submitted and such other documents as he or she deems appropriate to enable the city reviewing staff cngrrcer to review the application st>hdivi•si- and either find approve the application to be sufficient, subdivision or point out areas that are inadequate or improper. The city attorney shall review the title opinion, protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. City of Cape Canaveral Ordinance No. 04-2009 Page 9 of 16 (b) Within ten thi 30 days, the city reviewing staff tngin= will return in writing all comments, recommendations and questions to the applicant. (c,) Should any comment or recommendation made by a member of the city reviewing staff require the applicant to revise its submittal, the reviewing st.affshall review the revised mm submittal and return all comments, recommendations and questions to the planning official, who shall then forward all documents to the applicant. (d,) Upon receiving satisfactory reviews from all of the city reviewing staff, the plannine official shall schedule the an>7lication for consideration by the planning and zoning board during its next reg larly scheduled meeting. See. 9846. Planning and zoning board and city council review. (a) The planning and zoning board shall review the subdivision preliminary plat and other material submitted for conformity with this Code and may negotiate on changes deemed advisable and sball recommend, in writing, its approval or disapproval to the city council within 30 days. All recommendations, conditions and changes shall be noted on two copies of the preliminary plat by the chairman of the board or designated representative. (b) Upon receipt of the planning and zoning board's recommendation, the city council, at their next regularly scheduled meeting, shall vote to either accept, nT reject or modi the board's recommendation. See. 98-47. Time limit. The city council's approval of a preliminary plat shall be valid for a period of six months unless a one (1) tim . ff an dpplicant has itat obtainud a cui mit, bucii glanitcd orm, six- month extension of -time has been granted by the city council for good cause shown by the applicant. if the final plat approval is not obtained within the time period provided in this section, or niade final plat approval wititin six niondis of the city council's preliminary plat approval, th, piclijuirmy plat appm shall be revoked and the applicant must re -apply under the provisions of this chapter Sees. 98-4S-98-55. Reserved. DIVISION 3 4. FINAL PLAT See. 98-56. Conformance to preliminary plat. City of Cape Canaveral Ordinance No. 04-2009 Page 10 of 16 The subdivision final plat shall conform substantially to the preliminary plat, as approved by the city council. , it may Constitute orilly chapter,dil PUltiIIJ11 of the approved preliminary plat which he P10POSCS tO record and de"Clop at Hic finle, provided, howc-ca, that stich portion conforins to all jequimitilizilits of this The plat may contain only that portion of the approved preliminary plat the subdivider intends to record and develop at the time. Any such portion shall meet the requirements of this chapter. The final plat shall correct any inaccuracies indicated on the preliminary plat. Sec. 98-57. Number of copies. Fourteen (14) Nitre copies of the subdivision final plat exhibits required for approval under this division shall be prepared as specified by this chapter and by state statute. See. 98-58. Data required for final! approval. The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city council mid the buaid of comity L. for approval and filing with the county clerk. 5 -ix One 1 transpareneyics (Mylar) or printable copyizs of the final recorded plat shall be prepared by the subdivider for the records of the city and shall be submitted to the city clerk with all appropriate fees to enable the city cfcrk to record the documents in the public records of the county. The final plat shall comely with Chapter 177, Florida Statutes, and shall provide sf� the following additional information: (I$) Location and description of all permanent reference monuments. City of Cape Canaveral Ordinance No. 0-4-2009 Page l l of 16 ■ ■ ■ •- ■- ■ - ■ ■ ■ i11 •n■ Mil i (I$) Location and description of all permanent reference monuments. City of Cape Canaveral Ordinance No. 0-4-2009 Page l l of 16 :A WMEN 01 1 .■ ../■ vw Rei■uc■runi.��i�■en�au■�.vn.�■■r..�r+.a■i■crluYA7.I l■1 f•.■I�Y�Yu u■1 !I (2i -3r) Dedication statement by owner dedicating streets, rights-of-way, including waterways and all sites for public use. The dedication must be executed by all persons or legal entities whose signature would be required to convey record fee simple title to the lands beine dedicated in the same manner in which deeds are required to be executed. The dedication shall include the name of the plat and the typed names of any witness, notary, or othernerson required to sign dedication. u�aM Wm gramLAP 1■nKIM r.■ks■n■MeM u All mortgagees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument ioining in and ratifying the plat and all dedications and reservations thereon. (44,) Draft of protective covenants, if applicable, whereby the subdivision proposes to regulate land use in the subdivision and otherwise protect the pLoposeddevelo ment. Ifthere is to be a homeowners' association established, copies of the articles of incorporation and the bylaws shall be provided. Sec. 98-59. Documents required prior to approval. (aa) The following items shall be required before for subdivision final plat approval ear be (1) Documentation A ecitificate from the city reviewing staff migincer certifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No. 04-2009 Page 12 of 16 M u All mortgagees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument ioining in and ratifying the plat and all dedications and reservations thereon. (44,) Draft of protective covenants, if applicable, whereby the subdivision proposes to regulate land use in the subdivision and otherwise protect the pLoposeddevelo ment. Ifthere is to be a homeowners' association established, copies of the articles of incorporation and the bylaws shall be provided. Sec. 98-59. Documents required prior to approval. (aa) The following items shall be required before for subdivision final plat approval ear be (1) Documentation A ecitificate from the city reviewing staff migincer certifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No. 04-2009 Page 12 of 16 (2) Eit}rer-aAn irrevocable letter of credit, performance bond or certified check, in a form acceptable to the city attorngy which will enable the city to complete any_ -a l unfinished improvements that are to be dedicated to the public, including, but not limited to streets, drainage facilities, street signs, sewer facilities, sidewalks and other im rovements as shown on the final plat accomplished by the city, if need be. (3) Protective covenants in form for recording, if required. (4) Certification of approval by the board city council. (5) Other data as may be necessary which shall be determined by the city council or planning and zoning board. Prior to the city council's consideration of the final plat, the subdivider shall submit to the city an updated title opinion of an attorney licensed in Florida showing that the record title to the land described and shown on the plat is in the name of the person or legal entity executing, the dedication. The title oninion or certification shall also show all mortgages not satisfied, released or otherwise terminated by law. The city attorney shall review the title o inion r-ior to the city council meetin . See. 98-60. Application for approval. Application shall be made forsubdivision final plat approval_ to the meeting at which it is to be consideted. (a) Upon the documents required under this division being presented to the city, the plannine official shall review and forward to the appropriate city reviewing staff a copy of all submittals and such other documents as he or she deems appropriate to enable the reviewing staff to review the subdivision and either find the annlication to be sufficient, or point out areas that are inadequate or improper. The cites+ attorney shall review the opinion of title, protective covenants, articles of incorporation and bylaws and shall make recommendations, if applicable. (b Within 30 days, the reviewing staff will return in writing all comments, recommendations and questions to the planning official, who shall then forward all documents to the applicant. iii Should any comment or recommendation made by a member of the city reviewing staff reguire the applicant to revise its subdivision submittal, the reviewing staff shall review the revised submittal and return all comments, recommendations and questions to the planning official, who shall then forward all documents to the applicant. City of Cape Canaveral Ordinance No. 04-2009 Page 13 of 16 (d,) Upon receiving satisfactory reviews from all of the city reviewing staff, the planning official shall schedule the application for consideration by the planning and zoning board. Sec. 98-61. Recommendations of planning and zoning board. When all requirements under this division have been satisfied, the planning and zoning board will vote to recommend approval or disapproval of the subdivision final plat, and these recommendations will be submitted to the city council at the next regularly scheduled council meeting. The city council shall vote, in resolution form, to either accept or reject the board's recommendation. Sec. 98-62. Recording. The city shall be responsible for recording_ approved subdivision final plats. The final plat shall be recorded with the county prior to any certificate of occumitcybeing issued for the applicable plat. The city manager shall be resnonsible for adopting administrative procedures for ensuring that all final plats approved by the city council are recorded within fifteen 1151 days of the date of the subdivider's undated title opinion. mid supply the city with written proof of the recotding, befo, e a certificate Of OCCupancy Wit! be :id. Secs. 98-641 — 98-65. Reserved. DIVISION 4. LOT SPLI Sec. 98-63. Lot splits. The city council may, by resolution at a public hearing, grant waivers from the platting requirements of this article for divisions of land that constitute a lot split; (a) For purposes of this section, the term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one (1) additional lot or tract of land provided the following conditions are met: The lot or tract of land to be split is a previously platted lot or legal description of record. Each lot or tract of land _x created d hereunder shall abut a public or anoroved private street, unless perpetual cross -access easements already exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by_separate instrument. City of Cape Canaveral Ordinance No. 04-2009 Page 14 of 16 (3) The lot split shall in every respect meet the criteria established elsewhere in this article and the city code for the category of zoning and other relevant codes under which the oroperty is zoned. bi) Every lot split shall be processed in the following manner: (1) An application form provided by the building department shall be completed and filed with the department, accompanied with the following: An apolication fee approved by the city council by resolution; b. Fourteen (14) paper copies of theproposed lot split; C. A statement indicating whether new streets water, sewer, drainage structures or other infrastructure are required off-site to provide sufficient access or municipal services to the subiect land: and d. Leal descriptions and acreage of the two pronosed lots or tracts of land and a scaled drawing showing the intended division shall be prepared by a duly licensed land surveyor rep--istered in Florida. If a lot or tract of land contains any principal or accessory structures, a survey showing the structures on the lot or tract of land shall accompany the application. e. A title opinion of an attorney licensed in Florida showing that record title to the land subiect to the lot split is in the name of the applicant. The title opinion shall also show all mortgag-es not satisfied, released or otherwise terminated by law f All mortg_aeees having a record interest in the land subiect to the lot split shall execute a separate instrument, on a form acceptable to the city attorney, Joining in and ratifying the lot split. Said instrument shall be recorded in the public records of Brevard County as part of the lot split resolution. (22 Upon approval of the lot split by resolution of the city council, the resolution shall be duly recorded in the public records of Brevard County and recorded on the aa)ropriate city maps and documents. (c) No further division of an approved lot split is permitted under this section, unless a plat is prepared and approved in accordance with this article. City or Cape Canaveral Ordinance No. 04-2009 Page IS of 16 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts SUSAN STJLLS, City Clerk Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal fonn and sufficiency for the City of Cape Canaveral only: ANTHONY A. CARCANESE, City Attorney City of Cape Canaveral Ordinance No. 04-2009 Page 16 of 16 Meeting Type: Regular Meeting Date 03-03-18 AGENDA Heading Consideration ]tem 7 No. Brevard County pays for the lifeguard tower at Cherie Down Park. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AGREEMENT WITH BREVARD COUNTY FOR LIFEGUARD SERVICES DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider approval of an agreement with Brevard County for lifeguard services in the amount of $18,721.00 for 2009. Summary Explanation & Background: The 2009 contract cost did not change from 2008. This agreement will provide (1) lifeguard tower at the beach end of Tyler Avenue, staffed by (2) lifeguards. Brevard County pays for the lifeguard tower at Cherie Down Park. I recommend approval. Exhibits Attached: Agreement; Recreation Director's memo City Manat" Office Department PARKS & RECREATION Tm\m do +erits\a council\meeting\21)09\03-03-09\lifeguard.doc AGREEMENT THIS AGREEMENT, made and entered into this day of , Zoog, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY C'OMM'ISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHMEAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(l)(b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. RM: The term of this Agreement is for the period commencing April 4, 2009 (io:oo a.m.) and terminating October 3i, 2009 (5:00 p.m.). The County hereby agrees to follow USLA (United States Lifesaving Association) guidelines and provide First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing April 4, Zoog (io:oo a.m.), and terminating October 3i, Zoog (5:00 p.m.). 2. PAYMENT: For the 2,009 services outlined herein, the City shall pay to the County Eighteen Thousand Seven Hundred Twenty One Dollars ($i8,721.00). Such payments are payable in five (5) monthly payments of Three Thousand One Hundred Twenty Dollars and Seventeen Cents 03,i20.i7) and one (i) payment of Three Thousand One Hundred Twenty Dollars and Fifteen Cents 03,i20.15, due on the last day of each month. The first payment is due on April 30, 2009, and the final payment is due on September 30, 20o9. The City will receive a monthly invoice from Brevard County Fire Rescue 3o days prior to the due date. Please remit all payments to: Brevard County Fire Rescue, ATTN: Finance, 1040 So. Florida Ave., Rockledge, FL 32955 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and First Responder Certified lifeguard services between the hours of 10:0o a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: lifeguards). 1. Tyler Avenue within a portion of the beach 10o yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (two (2) C. Year 2009, said personnel shall be on duty weekends and holidays from 10:0o a.m. until 5:00 p.m. for the period commencing April 4, Zoog (10:00 a.m.) and ending October 31, 2009 (5:oo p.m.), on the weekdays from 10:0o a.m. until 5:00 p.m. beginning May 29, 2009 at 10:0o a.m., and ending the day before Brevard County Public Schools resume the 200912010 school year at 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene 2 and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. 4. LRDWIl ITY AND INSURANCE: A. Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party, or the other party's officers, employees or agents. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSICNhAE,IyM Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AU'DITIN!i, RE!2M5 AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports; data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. All records or documents created by the City or provided to the City by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City aggress to comply with any request for such public records or documents made in accordance with section 119.07 Florida Statutes. 3 7• JU RISDICTION. VE, U.E.....AND .m±; ROICE.-OI: _ A.W- All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENM, This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. g. TERMNATION; Violation of any material provisions of this Agreement shall result in its termination upon 3o days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 10. N_QDCL_ Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City by delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 1o5 Polk Avenue, Cape Canaveral, Florida 32920. ii. ATTQRN..ErS_ F • In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non -jury. 4 TO: Mayor Randels & Council Members Frorm Robert Lefever, Parks & Recreation Director GC: Bennett Boucher, City Manager Deft February 24, 2009 Re: 2009 Life Guard Agreement Mayor Randels & Council Members, 1 have reviewed the attached 2009 Lifeguard Agreement and would like to make the recommendation that Council approve it. The amount of $18,721.00 is what the Recreation Department budgeted for the 2009 fiscal budget year. This amount stayed consistent with the 2008 Agreement, there was no increase, Services will include a guard tower located on Tyler Avenue, manned with two lifeguards, one in the tower & one patrolling the beach. Weekend and holiday service will begin April 4, 2009 and end on October 31, 2009. Seven day a week service will begin on May 29, 2009 and ending the day before Brevard County Public Schools resume the 2009/2010 school year at 5:00 pm. All service times will be from 10:00 am to 5:00 pm. Thank you, 4t�—' P Robert Lefever IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. WITNESSES: LIN By: BREVARD COUNTY, FLORIDA Stockton Whitten, interim County manager Reviewed for legal form and ten . G CITY OF CAPE CANAVERAL, FLORIDA Bennett t3oucner, uty Manager Meeting Type: Regular Meeting lute: 03-03-09 AGENDA Heading Consideration Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FIRST RESPONDER AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY DEPT/DIVISION: PUBLIC SAFETY/FIRE Requested Action: City Council consider the approval of the First Responder Agreement with the Board of County Commissioners of Brevard County, as recommended by the fire chief. Summary Explanation & Background: The City will receive compensation pursuant to Section (6) of the agreement. I recommend approval. Exhibits Attached: 02-13-09 letter from Brevard County; Agreement City Manager' Office, Department PUBLIC SAFETY/FIRE ca.a arnlmyi ci+ nts\adritrl\council\meeting\2009\03-03-09\firsuresponder.doc OrevardCounty Fire Rescue Timothy 1. Mills Fire Rescue Center 1040 S. Florida Avenue Rockledge, Florida 32955 February 13, 2009 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mr. Boucher, Phone — (321) 633-2056 Fax — (321) 633-2057 Enclosed are two (2) First Responder agreements for signature. Please have both agreements signed by the appropriate person and returned to this office as soon as possible, so they may be submitted for the Board of County Commissioners approval. I am requesting that all agreement be returned to me by Tuesday, March 3`d, 2009, in order to submit them for the March 24th Board meeting. Once approved, a copy will be sent to your office. If you have any questions, please feel free to contact me at 633-2056. Thank you; na Perez -Ostrom, Administrative Assistant Brevard County Fire Rescue AGREEMENT This Agreement entered into this day of , 2009 by and between the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County has authorized a portion of the revenue received from the County's General Fund for the purpose of funding the emergency medical services be utilized to assist Primary First Responders with delivery of emergency medical care; and WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic Aid Agreements; and WHEREAS, the First Responder funding provided to each agency will assist in the improvement and quality of Emergency Medical First Response Service; and WHEREAS, the First Responder Program provides an incentive for Primary First Responder Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons awaiting ambulance transport; and WHEREAS, it has been proven that early intervention by highly trained first responders greatly improves a patient's chance of survival. NOW, THEREFORE, in consideration of the sum of $75,311.62, the receipt and sufficiency of which is hereby acknowledged by the City and the County, the parties hereto do hereby enter into this Agreement under the terms and conditions set forth herein. SECTION 1. RECITALS: The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part hereof. SECTION 2. DEFINITIONS: Primary First Responder - Paid Fire Fighters who have the primary responsibility of providing First Responder Services. Advanced Basic Life Support -The utilization of Certified Emergency Medical Technicians who are trained and equipped with Automatic External Defibrillators and Advanced Airway Devices and can perform all aspects of Basic Life Support care. Advanced Life Support - The utilization of Certified Paramedics who are trained and equipped to perform all aspects of Advanced Life Support care. Front Line Unit - A fully staffed engine or squad utilizing paid personnel assigned to immediately and primarily respond on a 24 hour basis to a specific jurisdictional area. SECTION 3. TERM: This Agreement shall be effective upon the signing of both parties for one (1) year. SECTION 4. SERVICES PROVIDED: The City Fire Department agrees to provide First Response Emergency Medical Services to all persons in need of medical assistance within their area of jurisdiction and in accordance with any Auto or Mutual Assistance Agreement the City may have with another jurisdiction. Service shall be provided utilizing qualified, certified and equipped Emergency Medical Technicians and/or Paramedics. SECTION 5. EMPLOYEE STATUS: Persons employed by a party for the performance of services and functions pursuant to this Agreement shall have no claim on the other party for pension, worker's compensation, unemployment compensation, civil service, or any other employee benefit, right or privilege granted by operation of law, 4 or otherwise, to the officers and employees of the other party to this Agreement. This Agreement does not create any third party beneficiary status for any employee, officer or agent of either party or the public. SECTION 6. COMPENSATION/PAYMENT: The County agrees to pay the Cape Canaveral Volunteer Fire Department the sum of $31,476.46 for each Advanced Life Support Front Line Units (2), $4,630.79 for Medical Direction Fees and $7,727.91 for consumable supplies. Payment for the first response units, Medical Direction and supplies for the fiscal year will be processed in February/March of 2009. The payment will be made to "Cape Canaveral Volunteer Fire Department" at the request of the City Manager. SECTION 7. POINTS OF CLARIFICATION: The First Responder Rate Schedule (attached hereto as Attachment "A") applies to the units which provide either Advanced Basic Life Support or Advanced Life Support First Response for the entire fiscal year commencing October 1, 2008. The County will provide first responder funding for units placed in service after October 1, 2008, on a pro -rated basis utilizing a daily pro -rating method. For the purposes of this Agreement, a first response unit must be an engine or squad which has permanently assigned personnel on each shift who provides first response services 24 hours per day, 7 days per week. A unit which utilizes or depends on or "shares" personnel assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized to receive first responder funding. SECTION 8. TERMINATION OF AGREEMENT: This Agreement may be terminated by the City or the County for any reason upon providing thirty (30) days written notice to the other party. 3 The County has the sole authority to approve of an acceptable level of care which must be provided by the City. If the County determines that the service levels provided by the City have declined below the established acceptable level of care, the County may, at its option, provide the City with notice of the decline and an opportunity to cure, or immediately terminate this Agreement upon written notice. In the event of any termination by the County or City pursuant to this Section, the City agrees to return a pro -rated amount of First Responder funding to the County from the effective date of termination through September 30, 2008. SECTION 9. NOTIFICATION: Notifications should be sent to the following personnel and addresses: Fire Chief David Sargeant Cape Canaveral Volunteer Fire Department 8970 Columbia Rd. Cape Canaveral, Florida 32920 Dennis Neterer, Interim Fire Chief Brevard County Fire Rescue 1040 S. Florida Avenue Rockledge, Florida 32955 SECTION 10. ATTORNEY'S FEES AND COSTS: In the event of any litigation between the parties arises out of this Agreement. each party shall bear its own attorney's fees and costs. SECTION 11. SEVERABILITY: If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held by a Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Agreement. SECTION 12. LIABILITY: Each party to this Agreement will be responsible for their own negligence and will maintain appropriate insurance as necessary to meet any incurred liability under Section 768.28, F.S. Nothing in this Agreement shall be construed to waive the limited liability conferred to both parties to this Agreement under Section 768.28, F.S. 4 SECTION 13. LIABILITIES AND RESPONSIBILITIES OF PARTIES (a) Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party or the other party's officers, employees, or agents. (b) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, Workers' Compensation and other benefits which apply to activity of the officers, employees, or agents of a party when performing their respective functions on behalf of the respective party shall also apply to the same degree and extent to the performance of such functions and duties when accomplished pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel and for toss or damage of equipment shall be assumed by the party employing such personnel and owning such equipment. (d) Patient pre -hospital emergency medical care for both agencies shall be in accordance with Brevard Regional Emergency Medical Services Standing Orders. SECTION 14. AUDITING. RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. 5 No reports, data, programs, or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. SECTION 15. ASSIGNABILITY: The City shall not assign any portion of this Agreement without the written permission of the County. SECTION 16. JURISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. SECTION 17. NOT A JOINT VENTURE OR AGENCY: Nothing contained in this Agreement is intended, or shall be construed, to create any joint venture between the parties or constitute either party as the agent or representative of the other party for any purpose whatsoever, nor shall this Agreement be deemed to make the City a "business associate" of County for the purposes of requiring the city to meet administrative requirements under the Health Insurance Portability and Accountability Act of 1996, or regulations promulgated there under. SECTION 18. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. SECTION 19. AUTHORIZATIONIEFFECTIVE DATE: Effective date of this Agreement will be October 1, 2008. C IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. ATTEST: Scott Ellis, Clerk ATTEST: M. Chuck Nelson, Chairman AS APPROVED BY THE BOARD ON Reviewed for legal form and co ent 'mmmm CITY OF CAPE CANAVERAL Bennett Boucher, City Manager City of Cape Canaveral ATTACHMENT "A" FIRST RESPONDER RATE SCHEDULE Paid, Full Time. Advanced Life Support Unit .............................................$31,476.46 Paid, Full Time, Advanced Basic Life Support Unit ......................................$18,257.87 Consumable Supplies: *Allowable Per Call................................................................. $ 5.19 Advanced Life Support Medical Direction: *Allowable Per Call................................................................. $ 3.11 Basic Life Support Medical Direction: *Allowable Per Call................................................................ $ 1.83 *Call Load Based on Previous Calendar Year (Close Out) Totals For the purpose of the "First Responder Agreement", "first response unit" must be an engine or squad which has permanently assigned personnel who are immediately available to provide first response services 24 hour per day, 7 days per week. A unit which utilizes or depends on (or "shares") personnel assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized to receive first responder funding. a Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading Consideration. [tem 9 No. Exhibits Attached: AGENDA DEPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FINAL CHANGE ORDER FOR THE CENTRAL CANAL STORMWATER IMPROVEMENT PROJECT DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider approval of the final change order for the Central Canal Stormwater Improvement in the amount of $31,960, as recommended by the Assistant Public Works Director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Assistant Public Works Director's memo dated 02-24-09 City Manageir' fice Department PUBLIC WORKS/STORMWATER drizn\c d °its\admin\council\meeetirig\2009\03-03-09\canal.doc To: Bennett Boucher — City Manager T`h"*: Walter Bandish — Public Works Director From: Jeff Ratliff— Assistant Public Works Director Date: February 24, 2009 Re: Agenda Item for March 3, 2009 Council Meeting Additional Contractor Costs Central Ditch Stormwater Improvement Project — North Portion The City of Cape Canaveral (City) recently completed the referenced stozmwater improvement project — the low -bid contractor was Gregori Construction and Engineering, Inc. The original bid price was $327,544.00. During the performance of the project, several work tasks were added to the project based upon field conditions encountered and after consultation between City staff and the City's engineering firm, Stottler, Stagg & Associates, Inc. (SSA), These work tasks included the following: • De -silting of stormwater pipes under West Central Boulevard; • Installation of additional 48" HDPE pipe section on stormwater line from the west; • Replacement of concrete driveway in right-of-way; • Construction of Type F curb; • Asphalt paving of West Central Boulevard and driveway; • Field modifications to Type G boxes; • Construction of additional sidewalks; and • Installation of truncated domes. Change Order Costs: $34,314.00 Tasks Not Performed: ($ 2,354,00) Total Increased Project Costs: $31,960.00 Please see attached table for final budget summary. Recommendation: City staff recommends the approval of additional funds ($31,960.00) to original. Purchase Order #00000951 ($327,544.00), Funds have been budgeted under the City's Stormwater Fund (403-018-538-631001). Central Ditch Stormwater Improvements City of Cape Canaveral, Florida Grant Expenditures Summary - Final CATEGORY OF EXPENDITURE 319(h) GRANT FUNDS CITY'S STORMWATER UTILITY FUND Salaries S N/A $15,944.11 Fringe Benefits S N/A $3,667.13 Subcontracting: Design $ N/A $64,490.00 Construction $277,117.68 $84,740.32 Construction Related Costs $ N/A $13,200.00 Supplies/Other Expenses S N/A $2,613.00 TOTALS $0.00 $184,654.56 Less Total Cumulative Payments of: $277,117.68 $184,654.56 law"MM) �� ,� „ ,.„ , 1 , Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading Consideration tlCrn 10 No. the depth of the existing 24 -inch water main. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AUTHORIZATION TO INSTALL DECORATIVE CROSSWALKS AT THE INTERSECTION OF N. ATLANTIC AVE. AND CENTRAL BLVD. DEPT/DIVISION: PUBLIC WORKS/ADMINISTRATION Requested Action: City Council authorize staff to install decorative crosswalks at the intersection of N. Atlantic Ave. and Central Blvd. Summary Explanation & Background: Brevard County has agreed to install at their expense, decorative Paveway STS crosswalks. As discussed at a prior workshop, the installation of actual paver bricks was considered problematic due to the depth of the existing 24 -inch water main. Staff is seeking authorization to proceed. Exhibits Attached: Public Works Director's memo dated 02-23-09 City Manager's Office Department PUBLIC WORKS/ADMINISTRATION irn; ,t �.°nits\adrri.n cil\meeting\2009\03-03-09\paveway.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Walter Bandish Public Works Director DATE: February 23, 2009 SUBJECT: Agenda ItemTO Install STS Crosswalks at N.Atlantic and Central Ave. The County agreed on the Project.This Project includes MOT,the STS crosswalks(1456sf.) and the thermoplastic 12" borders at the crosswalks (364If.). They will close the center lanes and install the middle of rile crosswalks first. Then install the two ends, of all 3 crosswalks, after the center is cured. This scenario may run into a second night. The County is writing a PO if we the City want this System. Recommend the approval of The Council Attachment CC: File SINGLE SOURCE CERTIFICATION OF CONDITIONS AND CIRCUMSTANCES Instructions: The purpose of this form is to certify conditions and circumstances of the purchase of goods and services under a single source exception to the competitive bid process. This request is to be executed by the Department Director for consideration and approval. Items or Services Requested: Textured Crosswalk Material known as Pavewav STS for Twiggs Street Two-way project downtown Name of the Company considered Single Source: Pavewav Construction, Inc. Conditions and Circumstances of the Single Source: The Transportation Division is tasked with installing brick -patterned textured crosswalks as part of the Mayor's 5 -year Initiative to convert one-way streets to two-way. We are interested in using the revolutionary new product known as Pavewav STS listed on the FDOT OPL and used extensively in the state with much success. The material consists of a unique and chemically formulated composition of ingredients that provide an exceptionally durable and wear resistant surface. This product is the only one that meets our specifications for a liquid application directly on asphalt and concrete without removing the existing surface. It also meets our specifications fQr immediately opening the roadway to traffic after a very short curing time preclud' g the need for a lengthy road closure. It also alleviates our concern for safety because the material proved to have a high coefficient of friction under testing by the FDOT. Work would be done at night to minimize the disruption to traffic and to allow the existing asphalt to cool before the material is laid. We believe this material will provide us with a long lasting and good looking system with incredible service life. Requesting Department Director's Signature: Requisition Number: -R Q PW 0 9 3 i DAL Buyer Name: Purchasing Department Action: i� �J1Mi4 1�`( (3�1hrr 11x- IVTIZA a- ON4 Signature: Date: 5Tt, 16�? $ 2 \]\ - $/ z. ,\ \ \ \ 3 /IT ) e $ 2 \ \ \ 3 m 4cONST'RUC ION. rnc. 928 ,East 124"Ave-Suite D -Tampa, FL 33612 May 14, 2007 Mr. Steve Hiza, P.E. City of Tampa Transportation Division 306 E. Jackson Street, 4E Tampa, FL 33602 RE: Twiggs Street Two -Way project 44706 from Ashley St to Morgan St Dear Steve: Phone: 813-632-3500 Fax: 813-632-3579 Paveway 1 @verizon.net We appreciate the opportunity to introduce our revolutionary product called Paveway STS that is currently being used in many locations around the State of Florida for enhanced crosswalks and other types of applications. The FDOT Materials Office has tested STS with the ribbed wheel test and found it to have better friction than other products. By passing their required tests, STS became included on their Quality Products List and it is now being used extensively throughout the state. We remain interested in establishing a relationship with the City of Tampa and look forward to providing the City with what is the most unique and best product on the market right now. This product consists of a unique combination of components that can be applied directly to asphalt and concrete, and in some cases other surfaces. Paveway STS will provide you with a long lasting system that will keep its three-dimensional brick look. The FDOT has seen the results of its incredible durability under the high volumes of traffic on some of their busy roads in the state. Our pricing is substantially lower than other products of the "patterned textured pavement" specialty. Other systems require that the roadway surface be removed prior to installation and result in a lengthy road closure for preparation and curing. We prefer to do our work at night to minimize the disruption to traffic, and the City will benefit because the road can be opened to traffic after a very short curing time. We hope you will consider using Paveway STS, and confidently say, you will not be disappointed. Sincerely, Paveway Construction Inc. Mark Fox President Meeting Type: Regular Meeting Date: 03-03-09 AGENDA Heading Discussion Item l t No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CUSTOMER SERVICE STANDARDS AND PERFORMANCE MEASUREMENT DEPT/DIVISION: LEGISLATIVE Requested Action: Councilmember Shannon Roberts is requesting that the City Council support City staff in developing customer service standards and performance measurement standards. Summary Explanation & Background: I am in the process of obtaining the services of the UCF Florida Institute of Government to train staff in customer service and performance measurement. I would also request that City Council be active participants and attend the training. Please advise. Exhibits Attached: UCF Institute of Government information City Manager' Office,,., Department LEGISLATIVE n\crounctil\meecing\2009\03-03-09\customerservice. City of Cape Canaveral, Florida City Council Regular Meeting Ageida Feoruary 3, 2009 Page 10 of 13 Mayor Pro Tem Hoog requested a type of notification for a Committee Application and a timeframe. Mr. Brown recommended that the Council provide Staff with names of interested persons. Ms. Roberts asked if a web site nomination process would follow with responses sent to the Planning and Development Director. Mr. Boucher affirmed. Mr. Brawn clamed that City Council would ultimately ratify the list of nominations. Ms. Roberts requested that tho Council make the final recommendations. Mr, Brown stated that Staff would make the selections with City Council's input. Mr. Brown clarified that the Committee would reflect people who possess a certain standing in the community; however, were not part of the day-to-day political process. Ms. Roberts stated her to the contrary and desired for the Council to make the final recommendation on those serving. Mr. Brown stated that he would remain open-minded to Council's requests. Mr. Petsos clarified that the Committee would serve a reporting and coordinating purpose. Ms. Roberts recommended a diverse group. Mr. Brown took note. Ms. Roberts requested to see the list of applicants_ Ms. Walsh asked how the Visioning process has been communicated to the public. Mr. Brown informed that Ms. Shelly Lawton, of MyRegion.org, was the publications expert. Mayor Pro Tem Hoag asked if Mr. Brown had past experience with this type of Visioning process. Mr. Brown replied that although he was knowledgeable of Visioning processes, but he had not conducted one first hand. In another leadership position he was involved with presenting material for expeditious action. Ms. Roberts stated that Staff should give the public one week to respond to the solicitation for nominations. Mr. Boucher informed that for those who do not have computers other notlficaGon mediums would have to be used_ Ms. Roberts recommended including another category for residents. Mr. Brown concluded that the discussed recommendations would require Staff to return to the Council at their first meeting in March. Ms. Roberts requested a more detailed schedule to reflect the Visioning process plans occurring over the next seven months. 6. Protects, Reports and Calendar. Ms. Roberts explained the purpose of this item as a means to obtain a detailed Master Calendar for the City Council for 2009 in order for the Council to plan forward toward goals and their subsequent achievement. Ms. Roberts stated that the Council was attending successive meatings; however, without strategically meeting desired objectives. She stated that this Master Calendar would lead to conducting business using a strategic planning tool. Ms. Roberts stated that this would allow the Council to pace} themselves toward goal achievement. Mayor Randels questioned how Ms. Roberts' concept fit in with the City's outlined Goals and Objectives. Ms. Roberts replied that the she did not perceive the stated Goals and Objectives, which are included in the City's Budget, as a strategic set of goals. She explained how the City Council was not pacing themselves to achieve their goals. City of Cape Canaveral, Florida Cily Council RegL)lar Meeting Agenda February 3, 2009 Page 11 of 73 Mayor Randels stated how Staff presented concepts and ideas which the City Council either approved or denied based on budgetary constraints during the Goals and Objectives Meeting. Ms, Roberts stated that she was seeking plans that the City Council would oversee or introduce to the City, She clarified that the goals presented at the Goals and Objectives Meeting were Staff's goals not those of the Council. Mr, Boucher agreed that Ms, Roberts was seeking long-range planning and this would occur through the upcoming Visioning process. Mr. Boucher stated that the City would obtain a new set of data points fmm the public meetings conducted during Visioning Session. Ms. Walsh asked if there were a Master list of goals_ Mayor Randels affirmed that goals were developers during the 2008 Goats and Objectives Meeting. Ms. Roberts clarified that the Goal's list was Staff generated and not the Council presenting what Choy intended to do as a collective body. Ms_ Roberts stated that Council was elected to listen to the residents and be creative about the introduction of improvements into the City, for example, Customer Service standards and legislative actions, for example, the Tree Ordinance, Ms. Roberts emphasized that Council was endorsing what Staff proposed to perform. She stated that the Council n"ded to agree on what they intended to address as a collective body. In summary, Ms. Roberts clarified that the Council did not discuss, those non - monetary City improvements. such as Customer Service standards or addressing specific City codes. Mr. Boucher recommended addressing Ms. Roberts' concerns as separate components_ for example, 1) addressing specific Legislative issues. 2) addressing management issues, etc. which would better serve the Council for discussion purposes, Ms. Roberts stated that Legislative amendments and management improvements were the two major issues - Mr. Boucher agreed to tackle one issue per Council meeting. In conclusion, Mayor Randels stated that Council would address Legislative amendments at the February 17"' City Council meeting. CITY COUNCIL Mayor Pro Tem Hoot + Mayor Pio Tem Hoog referred to a letter that he received From the Space Coast League of Cities related to the Resolution on Mortgage Landers' Responsibility_ He reported that the Attorney for the Space Coast League, Paul Gougleman, drafted a similar supporting Resolution on behalf of the League, Mayor Pro Tem Hoog stated that he would give Attorney Gougleman's letter to the City Cleric for distribution. Ms. Walsh reiterated that many of the Condominium Board Associations Board of Directors has also drafted letters of support similar to the Rosolution. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 12 of 15 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: Customer Service Standards, 2009 Master Calendar, and Performance Measurement. Mayor Randels related how the City Manager responded that Staff could compile a 2009 Master Calendar. Ms. Roberts explained that Customer Service Standards addressed responding to service requests within a specified number of days. Ms. Roberts requested customizing a course with the University of Central Florida's to fit the Citys Customer Service needs. Mr. Boucher stated that the City's Department Heads and rank and file employees participated in a city-wide customer service program to include promotional pins; however, he noted that the Sheriff and Fire Departments were not included in this effort. The Institute could tailor a program for them at the City's expense. Ms. Roberts explained that she was seeking quantitative results that related to how the employees implemented what they leamed, for example, time related to their customer responses. Mr. Boucher replied these were Benchmarking standards. Mr. Boucher recommended that the Institute of Government include Benchmarking in its Program for the Council and Department Heads participation. Ms. Roberts clarified that the type of program she was seeking was termed Base lining as Benchmarking related to service comparatives among other cities. Ms. Walsh pointed out that the Sheriff and Fire Department have their own Benchmark programs. Mr. Boucher responded that this would assist with community service standards. Mr. Petsos pointed out that their Base lining was related to each of their Contracts. Mr. Boucher stated that Staff has a great amount of data; however, the format for reporting may need fine tuning for Council's decision making purposes. Ms. Roberts stated how no trend data or customer service standards were provided from each of the City Departments. Ms. Roberts related on residents' complaints of the lack of understanding City codes resulting in a need for process mapping from a customer's standpoint. Ms. Walsh agreed with a Process Improvement plan from an efficiency standpoint to result in better customer relations and reduced expenses. Mr. Boucher suggested a University of Central Florida Performance Measurement class for City Council, Department Heads, and Front Line Supervisors in order to gain knowledge of how to present trend data. Ms. Roberts used the notification on the North Atlantic Avenue intersection project as an example of a deficiency in communication. She clarified how the City has a responsibility to asst the tough questions in an effort to clearly state its plans to the community. Ms. Roberts pointed out the importance of project preparation in a whole manner and not in a fragmented fashion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 13 of 15 Mr. Boucher recommended that he and Council Member Roberts coordinate on the class with the Institute of Government Director, Marilyn Crotty. The Sheriff and Fire Department were also invited to attend. Ms. Roberts mentioned that she would include Process Mapping in the course outline. Council agreed by consensus on a Performance Management Class for City Council, Department Heads and First Line Supervisors with the University of Central Florida, 8. Motion to Approve: State of the City Report. Ms. Roberts recommended a State of the City Report provided by either the Mayor and/ or City Manager in January of 2009. This would also assist with the City web site in identifying what the City intended to do throughout the year. Discussion concluded on a 10-15 minutes Presentation from Mayor Randels. Council agreed by consensus that Mayor Randels would provide a State of the City Report at the January 20th City Council Meeting. DISCUSSION: 9. Purchase of the Fire Department Property Located at 190 Jackson Avenue. Mr. Boucher stated that utility relocations, since FPL bi-sects the site with it power lines, were the largest impediment at an estimated cost of $55,000. Improvements came to an estimated cost $2,906,000. Mr. Boucher stated that $3.7 million as the approximated cost for the land and building renovations when City Council set the millage in September of 2008. Mr. Boucher recommended that the Council not exceed that amount. Ms. Walsh inquired about the origin of the $750,000 figure. Mayor Randels explained how that estimate was part of the 2007 190 Jackson Avenue Property Appraisal, Mr. Petsos stated his concern of building a Fire Station on property not owned by the City. Ms. Walsh asked if Staff had researched the tax value. She informed that tax value was probably in the range of $300,000. Mr. Boucher informed that the acreage was not the standard one acre needed to build a fire station. Mr. Petsos replied that there were no other one -acre sites in the City and the existing site was a prime location. Ms. Walsh suggested returning to the Fire Department for further negotiations. Mr. Boucher informed that a Mr. Pierre purchased the property to the south of the Fire station and he was willing to work with the Fire Department Corporation and the City for a land exchange or land exchange plus cash. Mayor Randels clarified that the proposed property in question were the four lots on Jackson and Harrison Avenues. 6. CF Ror da Institute of Government , bOLA the If The John Scott Dailey Florida Institute of Government (IOG) at the University of Central Florida is one of five university affiliates of the statewide institute. The IOG mission is to provide training and technical assistance to local governments, state agencies, and non- profit organizations. The Institute of Government is housed at UCF's Downtown Orlando Ying Academic Center and is administered in the UCF College of Health and Public Affairs, The UCF IOG has served Central Florida government and non-profit agencies since 1982, and has been directed by Marilyn Crotty since 1990. er arme s offerers t government and non-profit agencies im @ d . Training Programs Technical Assistance Projects Organization Development The results of 10G training ars µj consulting programs include: ✓ Performance improvement ✓ Increased effectiveness ✓ Improved culture ✓ Improved morale ✓ Increased retention ✓ Increased efficiency/productivity ✓ Increased customer satisfaction ✓ Career/succession planning ✓ Greater commitment to the organization ✓ Overall cost savings Pg. 4 of 103 CO TAC"t" US: 407-235-3960 or iog, mail-ucf.edu 61 (JCF Florida histitute of Govemai6rit 'Tor) 10 Reasons to Use C F IIStitUte, of Government: I. We come to you! 2. Very affordable rates. I High quality, experienced facilitators who focus on interactive learning. 4. Experienced consultants who understand government and business trends. 5. Most workshops offer Continuing Education Units (CEU's). 6. We customize our content to meet your needs. 7. We can easily create a new program to fit your needs. 8. Affiliation with the University of Central Florida, the 6t" largest university in the US. 9. 25 years of reliable service to government and non-profit agencies in Central Florida. 10. We're both results -oriented and FUN! Pg. 5 of 103 CONTACT U& 407-235-3,960 or io ( ma kucf. du 6- UCF Florida 'In fitute 0 Goner inraent Customer Service: Inside And Outl Every single "people interaction" that happens at work is really a customer service interaction! Each day every office must deliver excellent, effective service to two kinds of customers: external (citizens, suppliers, peers in other government offices) and internal (co-workers, boss, employees in other departments). Before, however, an organization can give good service to its "external" customers (its public), that organization must first give good service to "internal" customers (its employees). Customer Service: Inside and Out! focuses on specific ways government offices can offer quality service externally to the public they serve and internally to the people who work there. Through case studies and role plays, participants will: • explore how attitude affects customer service • review the customer service philosophy currently in place in their offices • identify the communication skills which underlie all good customer service • team why customers get angry and how to use a proven technique to diffuse the anger Basic to this workshop is the belief that excellent customer service is crucial to every organization because ALL customers (be they employees or public) are NOT an interruption to the job: instead, they ARE the job!! Pg. 23 of 103 CONTACT US: 407-235-3950 or iof r-taail.ucf.edu 61 UCF Florida Institute of GovernMent The Manager's Role In Customer Service Tired of hearing complaints from the citizenry — or from other departments — about the quality of service your office provides? Then this workshop is for you, and it is an excellent one for your management team to take together. Government is a service business. As a manager or employee of a city, county, state, or government agency, you are by definition a "public servant," whose primary responsibility therefore is to give -- or see that your employees give — good service to your customers. Only your organization's commitment to and practice of organizational values which demand good treatment of "internal customers" (your employees) can free your organization to give "external customers" (your citizens) the best possible kind of quality customer service. Excellent customer service begins when the top management of your organization realizes that the public is NOT an interruption to the job: the public IS the job, and then structures your organization to empower your employees to practice this belief as they conduct your business every day. This workshop outlines the commitment and steps needed from an organization's upper management to establish a customer service philosophy that A) demands good treatment of internal customers (employees), and B) thereby frees and empowers employees to give the best possible quality customer service to extemal customers (citizens). As a participant, you will: • Identify the steps needed from an organization's upper management to establish a customer service philosophy • Examine performance standards for all levels of employees • Explore systems to process and resolve successfully citizen complaints • Learn the elements of an effective service request system, including follow-up and evaluation Good customer service flows from the top down if management commits its organization to define, value, and deliver excellence. Pg. 57 of 103 CONTACT US: 407"-235--3960 or iog@maiil.ucf.edu 6. UCC lurid a ltt fitut (if Governmerit Performance Measurement Workshop This workshop provides awareness and understanding of the role of performance measurement in public organizations. It provides specific examples and shows participants how to design their own measures. This workshop can be adapted to meet clients' specific requirements and applications. The length of the workshop is usually three to four hours, depending on requirements and class size. This workshop covers the following topics: 1. What is performance measurement? 2. Why do performance measurement? 3. Distinguishing outputs from outcomes. 4. Productivity and other performance measures. 5. Examples of basic performance measures in practice. 6. How to make performance measurement happen in your organization or work unit. 7. Practical issues in data collection, analysis and reporting, 8. Lessons learned: Where things stand today in other organizations. The performance measurement workshop is designed to be interactive and draws on participants' experiences. Applications are based on participants' needs, and are developed in the course of the workshop. Pg. 72 of 103 CONTACT CT US. 407-235-3960 or for--rnail,ucf.edu Meeting Tyke: Regular Meeting Date: 03-03-09 AGENDA Heading Discussion Item 12 No, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: DRAFT CHARTER REVIEW COMMITTEE RESOLUTION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council has expressed a desire to establish a Charter Review Committee to review the City Charter. The draft resolution outlines the framework for this process. Summary Explanation & Background: Discussion only; staff is seeking input and direction. Please advise. Exhibits Attached: Draft Resolution Clay Manager�,s Office Department LEGISLATIVE nts\acLui:.iL1counczl\meeting\2009\03-03-09\charter.doc RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE, SETTING FORTH THE PURPOSE, APPOINTMENT OF MEMBERS AND BASIC PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council last created a Charter Revision 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 revision 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 crating and establishing a Charter Revision Committee to make findings and bang 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 , _ 2010 [Inclusive Dates]. • 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. City of Cape Canaveral, Florida Resolution No. 2009 - Establishing a Charter Review Committee Page 2 of 3 • 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. • Make recommendations to the City Commission for the proposed Charter amendments. SECTION 5. Milestones The anticipated Milestones of the Charter Revision 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 revisions to the Charter on an item -by -item basis. City of Cape Canaveral, Florida Resolution No. 2009 - Establishing a Charter Review Committee Page 3 of 3 • [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 revisions 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_ day of , 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 Meeting 1),pe: Regular Meeting :Date: 03-03-09 r AGENDA Heading Discussion Item 13 Ivo. Please advise. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CONCEPTUAL DESIGN OF A CANOE/KAYAK LAUNCH DEPT/DIVISION: PUBLIC WORKS/ADMINISTRATION Requested Action: City Council review and comment on a proposed conceptual design of a canoe/kayak launch at Banana River Park. Summary Explanation & Background: City Council expressed a desire to have a canoe/kayak launch at one of the City's riverfront parks. Attached is staffs concept, and we are seeking feedback and direction from City Council. Please advise. Exhibits Attached: Draft Resolution City 1VIa>1tger,Office Department LEGISLATIVE 2—S -z `�i,TO t\admin\council\meeeing\2009\03-03-09\kayak.doc To: Bennett Boucher—City Manager Tbrnugh: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: February 24, 2009 Re: Agenda Item for March 3, 2009 Council Meeting Conceptual Design Canoe/Kayak (Non -motorized Boat) Launch Banana River Park The City of Cape Canaveral (City) was recently notified that Federal Emergency Management Agency (FEMA) funds will be available to perform repairs to the shorelines at the Public Works Facility, Manatee Park, and Banana River Park. The repairs will include placement of sand, geothynthetic material, and sod/plants (possibly rip rap) to restore the shoreline to original conditions (pre -Tropical Storm Fay). During the upcoming restoration work, it is an ideal time to construct a canoe/kayak launch at the northern end of Banana River Park. This shoreline area of the park is fairly flat and has a sandy beach area for the launch of canoes/kayaks (non -motorized boats). In addition, the proposed launch area is adjacent to existing parking that will provide easy access to the launch area (see attached aerial photograph). Construction tasks that will be required include: • Grading of the shoreline bank to provide river access (small ramp)— cover graded area with crushed shell; • Placement of decorative coquina rocks along sides of graded area to provide erosion control; • Construction of a walkway (crushed shell) from the parking area to the ramp area; • Planting of decorative vegetation (palm trees, shrubs, etc.) along the walkway; and • Purchase/installation of a sign at the entrance to the parking area to identify the canoe/kayak launch facility. Recommendation: City staff recommends City Council approval for further investigation of this conceptual design of a canoe/kayak launch at the northern end of Banana River Park. Further investigation will include development of project costs, review of permit requirements (SJRWMD, FDEP, etc.), and review of other requirements (disabled access). z * Rs