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HomeMy WebLinkAboutPacket 02-17-2009 RegularPLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: 7.•05 p.m. — T20 p.m. School Budget and Funding Issues REPORTS: 7:20 p.m. — 7:30 p.m. City Manager Staff AUDIENCE TO BE HEARD: 7:30 p.m. — 7:45 p. m. City of Cape Canaveral UNCIL REGULAR MEETING CITY HALL ANNEX enue, Cape Canaveral, Florida TUESDAY February 17, 2009 7:00 PM AGENDA Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 7:45 p.m. — 7:50 p.m. 1. City Council Regular Meeting Minutes of February 3, 2009. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www,my0orida.com/cape • e-mail: ccapecanaveral@cfl.rr,com it'of Cape Canaveral, Florida rFe6ruary ity Council Regular Meeting Agenda 17, 2009 Page 2 of 2 ORDINANCE: First Public Hearing: 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. 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. DISCUSSION: 4. Federal Stimulus Transportation Funds. 8:15 p.m. — 8:30 p.m. 5. City Council Legislation for 2009. 8:30 p.m. — 9:15 p.m. 6. Model Water Conservation Ordinance for Landscape Irrigation. 9:15 p. m. — 9:30 p. m. REPORTS: 9:30 p.m, — 10:00 p.m. City Council ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 02-17-09 AGENDA Hcading Presenta(ion hem See attached supporting documents. No. Supporting documents AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: SCHOOL BUDGET AND FUNDING ISSUES DEPT/DIVISION: LEGISLATIVE Requested Action: Mrs. Kelli DuFresne, Principal of Capeview Elementary School, will address City Council on the school budget and funding issues that may impact our community. Summary Explanation & Background: See attached supporting documents. Exhibits Attached: Supporting documents City Mana ' ffice Department LEGISLATIVE kim\ d nts\admi cil\meeting\2009\02-27-09\capeview.doc 02/01/2009 19:01 - 3219696690 CAPE VIEW ELEMENTARY PAGE 02 Cape View ment, 8440 N. RosalindA'2920-2199 nue Cape Canaveral, February 9, Mr. Bennett F City of Cape 105 Polk Ave P.O. Box 326 Cape Canavei Dear. Mr. School , City Manager , FL 32920 Florida's edu onal system is facing a hard financial crisis. Our schools are in need of your support. In o ler to provide high quality educational services to all students your voices must be heard loud clear. We need for the community to call, e-mail or write to our State Representativ and Senators about the budget issues affecting education. Cape View will be holding a Sch l Advisory Council Meeting at 5:30 p.m. and a parent and community meeting at 6:00 p.m. on ,ebruary 12, 2009. I would like to share pertinent information concerning the POTENTIA udget cuts that Brevard County's educational system will face for the 2009-2010 school year. uzz Petsos, a member of Cape View's School Advisory Council and Cape Canaveral's y Council, will be able to provide you with the necessary details and contact information f the representatives and senators. If you would like, I will address the city council mem on February 17, 2009. Please let me know if you will be including me on the agenda. Sincerely, Kelli Duj Principal wk. .YAW Sao, 0 Kelti C. Dufresne, Principal Richard A. DiPalri, Ed. D., Superinrendeni Phorw: (321) 784-0284 - FAX: (321) 868.6690 Aiti Equal Opportunity Employcr FW: 2009 - 2010 POTENTIAL Budget Reductions Bennett Boucher From: Dufresne, Kelli@CapeView(Principal) [Dufresne,Kelli@Brevardschools.org] Sent: Wednesday, February 11, 2009 4:28 PM To: boucher-cape@cfl.rr.com Subject: FW: 2009 - 2010 POTENTIAL Budget Reductions Page 1 of 3 Attachments: Attachment A Crileria.pdf; Attachment B Assumptions.pdf; Attachment C Non Reoccuring Budget Cuts.pdf; Attachment D Budget Reductions.pdf; Attachment E Budget Reduction Descriptions.pdf; Attachment F QA Document.pdf Bennett, Here is the information we were discussing. Thank you, Kelli From: DiPatri, Richard@Viera Sent: Tuesday, February 10, 2009 8:09 PM To: All BPS Employees Cc: Board Members; Joy, Jackie@Superintendent's Office Subject: 2009 - 2010 POTENTIAL Budget Reductions TO: All Employees FROM: Dr. Richard A. DiPatri, Superintendent CC: School Board Members SUBJECT: 2009-10 POTENTIAL Budget Reductions The purpose of this memorandum is to provide you with information on the district's current budget status. I hope many of you had the opportunity to view the School Board meeting of February 10 where I made a presentation on the POTENTIAL 2009-10 budget reductions. If you were unable to view the Board presentation, the information is available on our Web site, www.brevardschools.org, and I am attaching the documents presented to the School Board during the meeting (See attachments A - F). Before I begin talking about the 2009-10 POTENTIAL budget reductions, I would like to reiterate what I outlined in my January 20 memorandum regarding this year's budget and take time to thank Governor Crist and our legislators for their efforts during the Legislative Special Session. We originally anticipated a $20 million additional cut for this school year, 2008-09. All advanced indications of this reduction pointed to this figure. However, thanks to their efforts, the $20 million was reduced by half, and we were only cut an additional $10.06 million for this year's budget. Additionally, the legislation provided more flexibility with certain accounts, making it easier for us to meet the $10.06 million reduction without affecting core programs or laying off any staff. All told, Brevard Public Schools has cut its budget by approximately $100 million since July 1, 2007, 2/12/2009 FW: 2009 - 20 10 POTENTIAL Budget Reductions Page 2 of 3 Now, I want to focus on the 2009-10 budget. I am presenting POTENTIAL reductions to the budget three months earlier than the normal timeline to help you and our community understand that the situation is dire. On top of the $100 million that has been cut since 2007, we are looking at an additional $40-550 million in revenue reductions from the state for the 2009-10 budget year (See attachment B). We also must deal with the recurring deficit from reductions made to the budget over the past years. For example, we took $3 million in textbook reserves to make up part of the 2008-09 deficit; therefore, those reserves are no longer available. The district's non-recurring reduction is expected to be $25430 million (See attachment Q. This non-recurring deficit, coupled with the additional cuts from the state, creates a total anticipated reduction for the district of approximately $70 million for the 2009-10 school year. In an attempt to address these cutbacks, I presented to the Board a list of POTENTIAL reductions for the 2009-10 school year. A copy of these POTENTIAL reductions and a document describing them are attached (See attachment D and E). These POTENTIAL reductions were developed by staff members and based on the criteria (Attachment A) adopted by the Board and assumptions based on state funding estimates. Our goal has been and always will be to maintain activities, programs, and instruction for our students, as well as the maintenance of our existing exceptional staff at all levels who have produced outstanding results. However, you will note that this list of POTENTIAL reductions is drastic and significant. These POTENTIAL cuts affect student programs and hundreds of our colleagues and coworkers. To help you understand the critical nature of these POTENTIAL reductions, principals will conduct parent and staff meetings at every school from February 11 through February 19. Please contact your school for the dates and times of these meetings. There will also be additional area meetings for Brevard Public School personnel. These meetings are scheduled as follows: • Area I will meet on Wed., February 18 from 4:30-6:00 p.m. at the Palm Bay High School auditorium. • Area If will meet on Mon., February 16 from 4:30-6:00 p.m. at the Eau Gallie High School auditorium. • Area III will meet on Tues., February 17 from 4:30-6:00 p.m, at the Viera High School auditorium. • Area IV will meet on Thurs., February 12 from 4:30-6:00 p.m. at the Titusville High School auditorium. In addition, a Q&A document has been provided (See attachment F) that addresses the numerous questions and comments raised through our budget information Web site by concerned employees, parents, students and community members. Furthermore, on February 23 at 7:00 p.m. at the Maxwell King Center in Melbourne, a Town Hall Education Meeting for staff, parents, students, and anyone else interested in the future of Brevard Public Schools will be held. The meeting is sponsored by a coalition of organizations in the district, Brevard Federation of Teachers (BFT), The International Union of Painters and Allied Trades (Local 1010), and The Brevard Association of School Administrators (RASA), and will be moderated by John Glisch of Florida TODAY. The purpose of this meeting is to allow you the opportunity to voice your concerns regarding die POTENTIAL reductions directly to your local legislators. The entire Brevard Legislative delegation will be in attendance to answer your questions. You may submit questions in advance through our Web site, www.brevardschools. org, or you may sign up to speak on site at the King Center. The POTENTIAL reductions presented to the Board on February 10 are not necessarily the final 2/12/2009 FW: 2009 - 2010 POTENTIAL Budget Reductions Page 3 of 3 reductions that will be recommended to the Board, but are for illustrative purposes so that you and our entire community can understand the difficulty of addressing the budget shortfall for next year. Please note that the School Board will not be taking action on these POTENTIAL reductions at this time. Nothing will happen until the legislative session ends on Nlay 1. While we hope that none of these POTENTIAL reductions ever comes to pass, they may unless we act individually and collectively to encourage Governor Crist and our Legislature to uphold what the Florida Constitution states: "Public Education is the Paramount Duty of the State." Many of you have asked what you can do to alleviate this crisis, and as I have previously stated in letters to you, we need to concentrate on urging the Governor and the Legislature to find a way out of this crisis. While no one wants to pay additional taxes, our situation is beyond serious! Therefore, I encourage you to contact Governor Crist and our legislators. Let them know your position. You have an opportunity between now and March 3 (when the legislative session begins), and throughout the session, to influence your state legislators. Failure to do so could make these POTENTIAL reductions a reality. You have the chance to make a difference, so speak out, write, and call your legislators to make your wishes known! I look forward to your continued participation in this effort and to speaking with you at one of the area meetings. <<Attachment A Criteria.pdf>> <<Attachment B Assumptions.pdf>> <<Attachment C Non Reoccuring Budget Cuts.pdf>> <<Attachment D Budget Reductions.pdf>> <<Attachment E Budget Reduction Descriptions.pdf>> <<Attachment F QA Document.pdf>> Due to Florida's broad public records law, most written communications to or from government employees regarding public education are public records. Therefore, this e-mail communication may be subject to public disclosure. 2/12/2009 Criteria for}2009=2010 Budget Red uctions The primary objectives in determining reductions for the 2009-2010 budget will be to insure minimal impact on students and to maintain adequate staffing necessary to provide a comprehensive, high quality instructional program. Every attempt will be made to streamline and reduce costs in areas that do not affect student instruction before making instructional reductions. Additionally, position savings through attrition will be achieved at the district level, by not filling vacated positions unless considered critical to district operations. When making recommendations, consideration will be given to the initiatives contained within the strategic plan. Areas are being reviewed for reduction in the following priority order: School Support Activities (District Level) Non -Instructional Activities (School Level) Instructional Activities (School Level) Criteria for Adoption of the 2009-2010 Budget It is anticipated that the revenues for the 2009-2010 school year will be $30 to $45 million less than the adjusted budget at the end of the 2008-2009 budget year. It will also be necessary to provide approximately $36 million to replace non-recurring budget cuts which were made during the 2007-2008 and 2008-2009 budget years. (Example: If 4 million dollars in non-recurring reserves were used as a budget reduction in 2008-2009, the funds would have to be provided from a different source for the 2009-2010 budget reduction year because those reserves arp no longer available.) In preparation for the anticipated reductions, the following criteria will be used in developing the 2009-2010 budget. In making any necessary budget reductions, the primary objective will be to insure minimal impact on student instruction while all attempts will be made to maintain adequate staffing and achieve additional savings in labor categories through attrition and by filling only mission critical positions. Prior to making personnel cuts, non -personnel budgets will be reviewed for possible additional reductions to insure that savings are maximized. When making recommendations, consideration will be given to the initiatives contained within the strategic plan, with specific attention given to the Board's current and future priorities. The elimination of any positions permanently or through attrition will be reviewed for reduction in the following priority order: Non -Instructional Personnel Instructional Support Personnel Administrative / Supervisory Personnel Instructional Personnel While it is clear that a majority of the district's operating budget is personnel (slightly more than 80%), other areas of the budget will be scrutinized for additional savings, looking first to reduce areas that have no impact or a minimal impact on student instruction. All school and department budgets shall be reviewed individually, Blanket cuts across all budgets should be the last option of choice. Where possible, community resources should be explored for supplemental activities such as field trips, special events, etc. If it is not possible to address the required budget reductions through these methods, additional reductions in personnel and other measures may be required to balance the budget. If a reduction in salaries is required, all personnel will be impacted equally. (Example: If a percentage cut in salary is necessary the same percentage will be applied to all employees, including school board members and all administrators.) Revised January 20, 2009 �(D'chrv,e�-� r3 2009-10 Funding Assumptions For 2009-10 revenue availability for our schools remains questionable. Based on preliminary data provided by the State the projected decline for next year is an additional 9.2% (or $1.6 billion). This projected reduction equates to an additional $633 per student in cuts. Translated for Brevard, this means an additional cut of approximately $45 million. That coupled with shortages in other areas it appears that Brevard Public Schools will have to cut approximately $70-$80 million from its operating and capital budgets for next year. (Please see Attachment I for greater detail or to how these assumptions were developed.) 2/4/2009 2009-10 Funding Assumptions Funding for next year is projected to decline further than the 2008-09 level currently being reduced in the Special Legislative Session, As school districts begin the process of preparing their budgets for next year the following considerations will need to be addressed: In reacting to revenue cuts for both 2007-08 and 2008-09 districts have had to use nonrecurring dollars to balance their budgets. Districts will have to address replacing those dollars with recurring sources before they proceed further in the development of their budget. [An example of nonrecurring sources would be using reserve funds of $5 million. Once the reserve of $5 million has been utilized other dollars would have to be found to fill the void in the subsequent budget year.] Using reserve funds will also affect a District's ability to meet the new unreserved fund balance requirement passed during special session. Note: the state has a significant amount of nonrecurring revenues built into the current K-12 budget. 2. Districts will experience unavoidable cost increases in the 2009-10 budget year, as they experience annually. Inflationary increases will likely have to be addressed in such areas as: health insurance, property and casualty insurance, diesel fuel, electricity, and unemployment compensation. The current funding level would create the necessity of making additional budget cuts to accommodate these increases, and certainly any further reduction in revenues would only result in compounding the issue. - For 2009-10 revenue availability remains questionable; therefore, we are utilizing the most recent information available from the State. The preliminary projected decline for next year is an additional 9.2% (or $1.6 billion) from the current base resulting from the recent Special Legislative Session, (note that numbers do not include further reductions for declining student enrollment). [The basis for this estimate is information provided by the Office of Economic and Demographic Research (EDR).] This projected reduction equates to an additional $633 per student in cuts. This amount would be in addition to the $448 per student that districts have had to already cut since 7/1/07. This would bring the total reduction per student since 7/1/07 to $1,081 (from $7,308 per student to $6,227 per student, or a reduction of 15%). 4. Any enhancements to the 2009-10 budget, including cost of living increases for employees and program development, could only be considered once the above revenue and unavoidable costs are dealt with and a balanced budget is achieved. Continued deterioration of revenues will result in further negative impact on the quality of educational programs for students. For 2008-09 the state reduced the millage for Capital Projects Funds from 2.000 mills to 1,750 mills. This resulted in districts deferring or canceling planned capital projects and cutting some nonrecurring funds. Dealing with these items will also have to be addressed in the budget development process for 2009-10. The above assumptions were predicated upon knowledge as of the end of special session on 1/16/09. Any further reductions for this school year, other than the outcome of the January 2009 Special Legislative Session, would necessitate a revision in these assumptions. In addition, if the revenues should deteriorate further the above assumptions would have to be modified accordingly. 2/9/2009 J 0Haa0a aaaeaaaa28a aaa as a a a O O h" O M 0 C. 0 0 C. 00c. 0 0 0 O O O O O to O V) 0 C. It r--lh N M*' O O w V1 O� O O t- Cl O O C> M O OM O O O\ M o0 M O oo rn (n N (n O �-* � N1p N M O Ln M M N 6Y y ca0000mm aam m 0 0 0 0 0 0 0 0 to op tp o0 oo to 00 0o to 00 w b0 to to o0 o0 00 oD P4 al yq yq q o y C G 0 G G q G fEzzzzzz 2zZZZZZ22ZZ zzz 2Z w' :70oa�� a� U � cri El 0 -IV O 0 ¢¢ w w a r. z� M 00 V, O Q Y C? N'41x6. � o � a. �A co v.) oL6 w cd ao CW° aQi 'I & -0 a� a 3 v .9 0 4 ¢OR 'OPy 4 7 a O N aG s a a O L. 1. M U a I. 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U U ,� U b- � O j b O oa Oµ O Si b d• a� w �F w w w w it^ Em O t, 7 Z q - a> 4'11 u v er u a> u v s�a�AC,,+AAvCAAAC]Awt-�a � 0. -' � � N N M c*i � t� o o � � � - � O ^ U H -l -i Lj-\e-Aerlr L.�l POTS MAL 2009. 2010 Budget Reductions February 10, 2009 I Elimination of All Athletic Equaliratian a' ?2 Secondary Schools (fdracbook where the Pic mociprA donor op $0.282 in support the programa) 2. Reduction of All Adult Education Programs (including GED, adult diploma ),,"4uares, and co-au511mmi kr op S6200 m regular high arhool attadenu) 3 Elimination of All Corridor Busing to Cholce Schools, District Choice Programs and CPE Choice op Sl 261 m (Impacting 33 School and eliminating 33 Bus Drivrcri) 4, Reduction of Capital Funds urill2ed for Pacllity System(s) Replacement at Failure (from S4,0 million to cap $2 000 m S2-0 million) 5 Defer Bus Replacements for 1 year Ow replaceanemes arc on s 12 -year elide) cap S3 250 in 6. Reduction ofEqulpment for Buses Except for Items Required by Law cap S0500 in 7. Elimination of the entire Superiniatdenrs Building and Capital Reserve utilized to fund Emergency cap S2-000 m Slnlations needed to Support NogramlFaclity Needs 8, Elimination of l-7 Additional District I,.evel Personnel at ESF (View) and Distnu Offices op 34 500 In Administrative and s»ppon snitwho would be e)iminared are responsible for the coordination o(distrin lnstruclional program., ieachcr suppon services, training, school maentsaa:nce and individush associated with the deity of capital pmiects in the 10 -year facildies tmprovrmtMpbn. The district has Already mduced 3aff by 60 posiifons howe— , u mVs1 corshme m maintain =tial operations .such mpayroll, accounts receivable, sleunry baclWound screening,, and the like- This additional reduction make me stan'rcdualon roam it 147 pon�tm)s 9. Elimination of Middle School Athletics and Iati-arnurals (mpreaems auppi m=is terccac),,es OR the add.ncn of op $0.236 in in activiryorpay-m-play srvdent (oe) 10. Elimination of Ninth Grade Athletics and Intramurah (repn*cnlssupplemenis forooaches ORthcaddition of op 50.373 m an eenv,v or pay-to•play snidertl fee) 11, Elimination of Junior Vaulty Athletic Programs (mpmaent5 supplements for ooaeeho OR Iheaddmon olan op SO.167 m activity or pagro-play milent fa) t2- Reduction of 50a/ of Band/Chorus Uniform Allocations (ro All Secondary Schoob) and Instrument cop SO.200 m Allocations (tc All School) 13 Reduction ofludlvidual School Budgets by an Additiona) t 2.Wa for a Total Reduction of 38 7% op 51.000 m In 7008.09 school budgets were cut ES' 25 6 . Thu iddilonal red.tacnon will mpact budgel item such as sub intplea, instructional supplies, supplrm nury odueshonal material; cumculr field tnpa, and the like 14 Possibility of Changing School Start Times and Elimla tlrg Bus Routes (Elininanng28 Bus D—cra) op $1,121 in Change high school start time from 810 am to 8,43 am And change middle mhool scan ¢mc from 9:15 am to 910 am 15, Elimination of 24 Sehoo) Resource Officers [SROs] (Impaemg40 Elemmlaryand uiddleSchoole) op $0.684 m 16. Elimination of4IS Positions through the Implementation of the Proposed Staffing Plan Reductions op 515320 m IS school edminutrarors, 16 mmpus moniwn, 144 crurodun., 1 SO instructional as.i.unta, 85 medu aserrtenb, and 28 of5rr clerks 17, Reduction of School Technology Allocation to schools by SVA op $0.600 in Thi. reducdDn will fesail in a love per-fr ident alfocadon to =boots for insmac,lional tochnoloyy cuppon (c.g., school -booed software, muhimedia h.,d—m resounes, punning it—ceslsupplies, mining spud the 10rc3 As a pan of Chia reduction, schools -11 rettive SA pe+ crud -1 insresd of S8 per mderic 1 K E1lminatlon of the Computer Refreshment Program for Students and Staff (approximately 2.Soo computers) cap S2 500 m 19. Elimination ofSmdent Curriculum Enhancement Activities op SI 005 m 5LA.ST ($260,000) provides hams— spat eocata aperivoce and lic denship devdopmem opponruruno for S300 Tut grade mderlu. uC,00N QUK'ST (SI08A00j provide clAuroam aetivttics sand en onw)e eapuirna With emxdr fodrin River Lagoon rmsystem Ipr 5.000 40r grade seudcua. SEINE (V59.000) Drovides . quilky mr—catch karNng aperience Iarali 5,100 malenu m 8do Bade llrc inmidiircaplirwry Pmlta fbG'ane. act b5ol rm-irpnun til f KYot AM dtasmidp i— and mdudaaa eeMMbaming, component. ALPHA Prognm 310 00) —tw thmugh.tlpeted dinnct eiemenrary achool. fi—ins lknw dui year) and provides tnbave dropout pmvetrl.ion amiegues for se nik Ird and 4th grade mderAa fir ane or mom yftm PROJECT SPARCH It 10,000) y An Eautulenal Mucariao program for Bm„ard post With sinal amderrls. SUMMER PINE ARTS (222,030) provides rheaW enrlehrncrnt secs ines for No- 12ih grade nuduu ROBOTICS (385,0[30) end LEGO ROBOTICS (535,000) —11., 11 as . foes or a 3100.00(1 rcbrtc that vt0 rmr be obenow When the eompukr refrc.hrocmt pre s rmm is eal,llknarld. Nor,- Three tnnarte+:nsnt programa - BREV ARD SYMPHONY ORCiAEST kA CONCERT (11th L—W. SPAM 'WEEK 16th god,) end 1796 (1 I 1 grade) - err funded by wirorWlt,/ r MmCAL 20. Elimination of 21st Ccnru y Technology Upgrades(Snnrise Standard) cop $3.000 in Impacting 7 schools - Atisntu, Cape View, Challenger, Jaffprson, Irwii Canoil, Ocie Brrem and Sabal, OR the elimination of 40 school tochnolory suDDDn person nes; OR a eotntnnalion of both 21. Elimination of New Career and Technical Programs included in Secondary Schools of National cap $2 500 m Prominence (SSNP) Reduction in SSNP funding will imp4e cave cafes acaderrum sehedultel to open in school year 2009.10 and the seven career Brad— och edulm for planning m 2010.11. 22 UttlV-ftion ofTeribook Reserves op $1.000 in 23 - Delay of Textbook Purchases as Allowed by Law for Scheduled New Adoptions (lsnguage AnA, Music, op 'TBD in and Healfh) 24 Elimination of Driver Education Programs and 16 Driver Education Teacher Positions op 50.865 her 25 Possibility of Closing Schools with a Student Population Less than 500 E/amenre� • Cambridge. Cape View, Ch.11wit r 7, Coquina, Freedom 7,Curdendale. Harbor Cory, Holland, MILIA. Pinewood, op $0850 m rich Rivmrcw, Roosevelt, Sea Park, South Like, Slevo oon, Sini de, and West Melbourne Wddlu Ctcarl.ake and Hoover op 31.100 m ram 26- Possibility of Closing One or More of the 3 Alternative Learning Cenom (Swing felony charged Siadenn op 50.415 m deli and Sttdcnu acted in l ies of capubion) 27, Reduction of a Minimum 362 Teachers (resulting w increased cuss size which places district out of op S 19.114 m compliance with suite mandate) Elementary Schooh under 7S0 audenn • reduction of 2 tach— per scho4) or 86 uachcrs Ictal dunces wide (54,646,400 At 552,800 cath). Elementary School.e with 750 students or more - reduction. of 5 tcachcrs per school or 39 tuchets duonct wade (52,059,200 at SS2,800 cath). Secondary Schools - reduction of 1 Matas., English, Science, & History taeha (MESH) per school or 120 teachers dwricr wide ($6,336,000 m 532,800 each). All Schools - riduction of I Addirionai aerlrlty, classroom or ciccdve teaeha or 61 i.chen dlatria wide (34,4MOW if 52,800 cath). Olstrlrt wide •reduction of 30 esecpoonal education taches l ge 000 at S32 800 tacit 28. SUBTOTAL POTENTIAL REDUCTIONS .b23 m S66. New Repmur Producers 29, Rabe School Age Child Care Fees by t2.75% orh $1.000 m 30- Increase Price of School Cafeteria M eels (grades l« $1 70 to Sl 90 or An incresso oft 1.8%; grades 7.12 S 1,90 m oih $0-718 m S2 15 or an lncrrasea of l9 4%) 31 SUBTOTAL POTENTIAL REDUCTIONS $64.305 m Naw Budget ltd s Needed for the 2009-10 School Year; 32. Stang and Utilities for New Heritage High School (opening In August 2009) op $1-261 m 33. Hiring of Guidance Service Professionals to continue srndemt/pareni meetings for Secondary Schools of op 50.634 1n National Prommenec SSNP 34, TOTAL POTENTIAL REDUCTIONS $66.200 m Now The dlttnn coni{ delay oonside-anon efa11995 ,annuol contract leacher appointmemu pending final knowledge of the budge for the 2009.10 school yor a The delay of rear book parchasu for eehcdm]cd new adoption is a potentia) savings of S3 inti [ion - contingent upon the 1cve1 of new mon cy provided in the state budge for Iasvootional Materials purchases. ap de—im operating bodgcC cap denote. pint budgd eek denotes other, Potential 2009 - 2010 Budget Reduction Descriptions February 10, 2009 1. Eliminate All Athletic Equalization at 22 Secondary Schools (op) $ 0.2$2 m Athletic equalization guarantees a minimum amount of revenue for athletics at a school if gate receipts are not sufficient to support the program. All athletic equalization for middle, junior/senior and high schools would be eliminated 2. Reduction of All Adult Education Programs (op) S 0.200 m This includes GED opportunities, adult diploma graduates and co -enrollment for regular high school students. Funding reductions will require the closing, relocation and/or oonsohdation of one or more adult education centers and will reduce day and evening school classes and services for all participants - 3. Elim{-nadon of ALL Corridor Busing to Choice Schools, District Choice Programs and CTE Choice (op) $1.261m Sixty-three choice school bus runs would be eliminated (39 secondary and 24 elementary) and 33 bus drivers would be eliminated This impacts 33 schools and approximately 1700 students that would otherwise be designated as out -of -area students for transportation purposes. ElementM Schools impacted would be: Endeavour Magnet, Freedom 7 School of International Studies, Gardendale Magnet, Stevenson School ofthe Arts and West Melbourne School for Science. Middle Schools impacted would be: Central, Clearlake, DeLaura, Hoover, Jackson, Jefferson, Johnson., Kennedy, Madison, McNair, Southwest and Stone. High School s impacted would be: Astronaut, •Bayside, Cocoa Beach Junior/Senjor, Cocoa, Eau Gallie, Edgewood Junior/Senior, heritage, Melbourne, Merritt Island, Palm Bay, Rockledge, Satellite, Space Coast Junior/Senior, Titusville, Vim and West Shore Junior/Senior. 4. Reduction of Capital Funds utilized for Facility System(s) Replacement at Faflure (cap) $ 2.000 m No new 10 -Year Facilities Improvement Plan construction/major renewal projects are expected to be recommended in fiscal year 2009-10. This reduction is from $4.0 million to $2.0 million so that plumbing, electrical and HVAC system replacements/repair at failure will be completed, as needed, to insure that the schools will be available for student and staff use. 5. Defer Bus Replacements for 1 Year (cap) -S 3.250 m The district will not purchase new school buses and will extend the replacement cycle from 12 years to 14 years. 6. Reduction of Equipment for Buses Except for Items Required by Law (cap) S 0.500 m The district will defer a portion of the purchase of digital cameras as replacement for outdated school bus VHS video camera systems. 7. Elimination of the Entire Superintendent's Building and Capital Reserve Utilized to Fund Emergency Situndohs- Needed to Support Program/Facillty Needs (cap) $ 2.000 m Over the past two years, these funds have been used for such projects as parking lots, Potential 2009 - 2010 Budget Reduction Descriptions February 10, 2009 playgrounds, fencing, security systems, flood and hurricane repair, HVAC systems and furniture/equipment for schools. 8. Elimination of 87 Additional District Level Personnel at ESF (Viers) and District Offices (op) S 4,500 m Administration and support staff who would be eliminated are responsible for the coordination of district instructional programs, teacher support servioes, training, school maintenance and individuals associated with the delay of capital projects in the 10 -year facilities improvement plan. Total savings includes potential fringed labor savings. The district has already reduced staff by 60 positions. However, it does need to maintain sufficient infrastructure to assure that it has accounting clerks to pay over $340 million each year in payables, security personnel to process over 11,000 background checks, employees to provide curriculum support and services to all classrooms, and staff to assure that all of our teachers are certified every five years. Other critical central office activities support our teachers such as recruitment and hiring, staff development, selection and administration of health benefits and retirement programs, and development and management of our budget. The additional cutback in staff makes a total reduction of 147 positions from the district level at ESF (Viera) and other district offices. 9. Mirninadon of Middle School Athletics and Intramurals (op) S 0.236 m All middles school athletics and intraomurals would be eliminated. The value represents supplements for coaches or the addition of an activity or `pay -to -play" fee for students. 10. Eliminadon of Ninth Grade Athletics and Intramt rals (op) $ 0.373 m All ninth grade athletics and intramurals would be eliminated The value represents supplements for coaches or the addition of an activity or "pay -to -play" fee for students. 11, Eliminadon of Junior Varsity Athletic Programs (op) $ 0.167 m All junior varsity programs would be eliminated- The value represents supplements for coaches or the addition of an activity or "pay -to -play" fee for students. 12. Reduction of 50% ofBand/Chorus Uniform Allocations and Instrument Allocations (op) $ 0.2001m. The district provides schools a per student allocation to support the purchase of specific high cost items related to music programs. The planned reduction in funding (reduced by 50%) will decrease the availability of school owned instruments for student use and/or rental, delay replacement of uniforms and will create a corresponding need for other funding sources such as fundraising activities. Band/Chorus uniform allocations are provided to all secondary schools and instrument allocations are provided to all schools. 13. Reduction of Individual School Budgets by an Additional 129% (op) S 1.000 m Individual schools are allocated a non -labor budget based on their weighted student enrollment. In 2008-09 school non -labor budgets were cut by 25.8%. Therefore, the total reduction to schools budget is 38.7%. This additional reduction will impact items such as substitutes, instructional supplies, supplementary educational materials, curricular fieldtrips, and the like. 2 Potential 2009 - 2010 Budget Reduction Descriptions February 90, 2009 14, PossibRity of Changing School Start Times and Eliminating Bus Routes (llimbuting 28 Bus Drivers) (op) $1.121 in High School - Change start time from 8:30 to 8:45 Middle School - Change start time from 9:15 to 9:30 Changing school start times for all secondary schools to 15 minutes later will eliminate 28 school bus routes. The start time for high schools would be 8:45 am. (currently 8:30 a.m.) and for middle schools the start time would be 9:30 a.m. (currently 9:15 a.m.) The corresponding adjustment of 15 minutes would also be made to the school ending times. 15. Elimination of 24 School Resource Officers (SROs) (op) There are currently 40 School Resource Officers (SROs) saving Brevard Public Schools at a cost of $1,140,000 ($28,500 per SRO). Whtle the elimination of 24 SROs will decrease the monies allocated for SRO contracts by $684,000, in that elementary SROs serve more that are school, a total of 40 BPS sites will be impacted The remaining 16 SROs will serve the district's high schools at a cost of $456,000. Elementary schools impacted Atlantis, Challenger 7, Enterprise, Audubon, Lewis Carroll, Stevenson, Fairglen, Saturn, indialantic, Sea Park, Mila, Tropical, Cwdendale, Manatee, Wi!]iams, Mims, Pinewood, Quest, Suntree, Cape View, Cambridge, Endeavout, Apollo, CoquinaImperial Estates, Oak Park, Riverview and Southlake. Middle Schools Impact Hoover, Jel%rson, Cleadake, Johnson, Stone, Southwest, McNair, Kennedy, DeLaura, Jackson, Madison and Central. $ 0.684 in 16. Elimination of 418 Positions through the Implementation of the Proposed Staffing Pian Reductions (op) $15,320 in Changes to the current staffing plan would result in the elimination of 15 school administrators, 16 campus monitors, 144 additional custodians (68 positions were eliminated in 2008-09 through attrition), 130 instructional assistants, 85 media clerks and 28 office clerks. 17. Reduction of Scbool Technology Allocations to Schools by 50% (op) $ 0,600 m This reduction will result in a lower per student allocation to schools for instructional technology support (e.g. school based software, multimedia hardware resources, printing devices/supplies, etc.). As part of this reduction, schools will receive $4 per student instead of $8 per student. The reduction will also delay Educational Technology's implementation of interactive technologies and associated training that is designed to be utilized with the "Sunrise Standard" or 21" century classroom initiative. 18. Elimination of the Computer Refreshment Program for Students and Staff (cap) $2.500 in This reduction represents approximately 2,500 computers and will delay the district's goal of ensuring a student to modem computer ratio of 5:1 and a teacher to modem computer ratio of 1:1. The computer workstations refreshment program was initiated in 2006-2007 school year to address a serious lack of access to modern computing devices. 19. Elimination of Student Curriculum Enhancement Activities (op) S 1.005 in BLAST ($280,000) provides hands on space center experience and leadership development opportunities for 5,300 seventh grade students. Lagoon Quest ($108,400) provides classroom activities and an on site experience with Brevards 3 Potentia! 2009 - 2010 Budget Reduction Descriptions February 10, 2009 Indian River Lagoon ecosystem for 5,000 fourth grade students Seine ($259,000) provides a quality action -research learning experience for all 5100 students in eighth grade. The interdisciplinary project focuses on local environmental science and citizenship issues and includes a servico-learning cot}nponent. ALPHA Program ($105,600) rotates through selected district elementary schools (serving Riverview this year) and provides intensive dropout prevention strategies for at risk third and fourth students for one or more years. This partnership program with PREVENTl of Brevard focuses on early intervention strategies including counseling, intensive academic instruction, small groups and parent education. Project SEARCH ($110,000) is an Exceptional Education program far Brevard post high school students. Summer Fine Arts ($22,030) provides theater enrichment activities for seven through 12'h grade students. Robotics ($85,000) and LEGO Robotics ($35,000) will also be eliminated. Additional funding for these two programs ($100,000) provided by a computer rebate program will not be available due to the potential elimination of the computer refreshment program. Note: Three additional curricular enhancement activities, Brevard Sympbony Orchestra Concert (fifth grade), Space Week (sixth grade) and 1776 Theater Experience (11d' grade) are fimded by community resources and are not included in this reduction. 20. Elimination of 21" Century Technology Upgrades (Sunrise Standard) (cap) $ 3.000 in In the 2008-09 fiscal year, $1.5 million in technology upgrades were reduced from the budget. This additional reduction will delay the implementation of the districts Sunrise Standard, which is designed to provide teachers and students with the instructional tools necessary for 21' century learning. The following schools may be impacted by the Sunrise Standard elimination. Atlantis Elementary, Cape View Elementary, Challenger Elementary, Jefferson Middle School, Lewis Carroll Elementary, Ocean Breeze Elementary and Sabal Elementary, or, 40 school technology support personnel would be eliminated; or there may be a combination of both schools and personnel reductions due to the elimination of21a century technology upgrades. 21. Elimination of New Career and Technical Programs included in Secondary Schools of National Prominence (cap) S 2.500 in Reduction in SSNP funding will impact five career academies scheduled to open in school year 2009-10 and the seven career academies scheduled for planning in 2010-11. The SSNP funds were budgeted to renovate facilities and/or adequately equip these programs. The labs are designed to support student course taking patterns in relationship to the SSNP requirement that students complete either 3 credits in honors classes or 3 or more credits to complete a sequential career and technical education program resulting in a credential endorsed by a national, state or local industry. 22. Uh'tization of Textbook Reserves (op) S 1.000 in Over the last six years, a reserve has accumulated in the categorical, Instructional Materials Budget. For 2008-2009 the reserve was reduced by $3 million. An additional reduction of $1 million from the reserve is planned for 2009-2010. 23. Delay of Textbook Purchases (op) S TBD in The delay of textbook purchases for scheduled new adoptions in Language Arts, Music and Health is a potential savings of $3 million. The actual cost savings is contingent upon the level ofnew money provided in the state budget for 2009-2010 for Instructional Materials purchases. 4 Potential 2009 - 2010 Budget Reduction Descriptions February 10, 2009 24. Eiimbm don of Drivers Education Programs and 16 Driver Education Teachers (op) S 0.845 m Driver FAication will be available after school, on Saturday and in the summer. The program will - be funded through a combination of assessed fees and the Dori Slosberg funds. 25. Possibility of Closing Schools with a Student Population Less than 500 (op) The estimated cast savings associated with closing a school with student enrollment at or below 500 is calculated by eliminating all administrators, support sta4 and select teachers at the school. It is assumed that most teachers will be reassigned to the remaining schools in order to accommodate the increase in student emollment at those schools which will result from redistricting. Schools with Student Enrollment less than 500: Elementary Schools: Cambridge, Cape View, Challenged, Coquina, Freedom 7, Cmrdendale, Harbor City, Holland, MIT A, Pinewood, Riverview, Sea Park, South Lake, Stevenson, Surfside and West Melbourne. S 0.850 m each Middle Schools: Clearlake and Hoover $ 1.100 m each Note: The total listed represents the cost to close individual schools. The total reduction would increase if more than one school is closed. 26. Possal0ty of Closing One or More of the 3 Altmmdve Learning Centers (op) $0.415 m each Close one or more of the three district Alternative Leaming Center sites that serve students who have committed a felony or are being served in lieu of expulsion. Note: The total listed represents the cost to close individual centers. The total reduction would increase ifmore than one center is closed. 27. Reduction of a Minimum of 362 Teachers (op) $19.114 m Elementary Schools under 750 students — reduce 2 teachers per school or 88 teachers district wide at $52,800 each resulting in a budget reduction of $4,646,400. Elementary Schools of 750 or more students — reduce 3 teachers per school or 39 teachers district wide at 52,800 each resulting in a budget reduction of $2,059,200. Secondary Schools —reduce 4 core academic teachers (Math, English, Science and Flistory— [MESHJ) at every middle and high school or 120 teachers district wide at $52,800 each resulting in ' a budget reduction of S6,336,000. All Schools—reduction of 1 additional activity, classroom or elective teacher or 85 teachers district wide at 552,800 each resulting in a budget reduction of $4,488,000. District Wide — reduction of 30 exceptional education teachers at $52,800 each resulting in a budget redaction of$1,SM,000. With these reductions, BPS will not meet the mandates of the Constitutional Amendment which established class size limits and, as a result, may be subject to sanctions assigned by the Department of Education. Based on current school enrollment numbers the potential teacher reductions would result in 34 elementary schools exceeding a school average of 18 students in grade PK - 3. Twenty- eight elementary schools would exceed a school average of 22 in grades 4-8. Eight middle schools would exceed a school average of 22 in grades 7-8 and six high schools would exceed a school average of 25 in grades 9=12. As a result of the'staffing reductions average class size at grades PK - 3 would increase by approximately 1.5 students per classroom, 4-8 would increase by approximately 2.5 students per classroom and grades 9-12 would increase by approximately two Potential 2009 - 2010 Budget Reduction Descriptions February 10, 2009 students per core academic classroom. 28. SUBTOTAL POTENTIAL REDUCTIONS $66.023 m New Revenue Producers 29. Raise School Age Child Care Fees by 12.75% (oth) $1.000 in School age child rare fees for parents wt71 be raised by 12% to generate an additional $ 1.000 million in revenue. For example, in the current fee structure, $46.00 is a typical weekly fee. In the new fee stwctuore, parents would be charged $52.00 weekly. 30. Increase Price of School Cafeteria Meals (oth) S 0.718 m While the meal price increase for this year did help the financial situation, an additional increase (grades K-6 lunch from $1.70 to $1.90 or an increase of 11.8%; grades 7-12 lunch from $1.80 to $2.15 or an increase of 19,4%) oil] be required for the 2009-10 school year in order to offset the rapidly rising costs associated with operating the flood service program. The District will continue to evaluate the financial performance of the program by actively pursuing and implementing additional cost saving measures. 31. SUBTOTAL POTENTIAL REDUCTIONS $64305 m New Budget Items Needed for the 2009-2010 School Year 32. Staffing and Utilities for New Heritage Nigh School (opening in August 2009) (op) S 1.261 m Heritage High School will open in August 2009 with students in 9-10 grades. This budgeted amount is for an allocation of administrators, support stall guidance counselors and teachers. 33. Hiring of Guidance Service Professionals to continue student/parent meetings for Secondary Schools of National Prominence (SSNP) (op) $ 0.634 m Increase the number of secondary counseling department staff and/or the re-assigament of staff duties that will allow counselors maximum time to interact with students and parents. Redefine the secondary counselor's role in ligbt of the SSNP initiative. Increase the number of secondary counselors per school in accordance with the Staffing Committee's recommendation. 34. TOTAL POTENTIAL REDUCTIONS $66.200 m Note: The district will delay consideration ofaJl 995 annual contract teacher appointments pending final knowledge oflhe budget for the 2009- 2010 school year. Note: op denotes operating budget; cep denotes capital budget; oth denotes other 0 Classrooms in Crisis Brevard Public Schools O&A How are decisions being made regarding the recommended budget reductions for the 2009- 10 school year? It is important to understand that no budget reductions for 2009-10 are being made at this time. The identified reductions are POTENTIAL budget cuts that could occur if the state legislature does not find additional funding sources to support education. If necessary, the district will consider these identified POTENTIAL budget reductions as well as suggestions submitted by the community to meet the required reduction in budget. The POTENTIAL budget reductions identified by the superintendent and his staff were selected using established criteria and represent an array of options for the School Board to consider when and if it is determined that budgetary reductions must be made. 2. The list of POTENTIAL budget reductions totals $66 million. How did you determine the number of dollars needed to cover the potential revenue shortfall? Sixty-six million dollars represents a conservative estimate of our POTENTIAL revenue shortfall. This figure was derived by examining ongoing statements of declining revenues as well as the projected funding for education for the 2009-10 school year. Funds that have been reduced in the last two years which are non-recurring (e.g., transfers for textbooks to the operating fund) were used in developing this estimate. The POTENTIAL budget reductions to be announced on February 10 are just a sample of the types of jobs and services that may have to be eliminated to balance the 2009--10 budget. 3. I have heard that the District has had a 41 percent increase in the operating budget since 2001-2002. Is this correct? It is accurate that the District has seen a 41 percent increase in its operating budget through the 2008-09 school year. However, it is important to understand that a significant portion of the District's increased operational budget represents funding received by the State to implement the Constitutional Amendment for Class Size. To comply with this Constitutional mandate, the District has employed 543 teachers at an annual cost of approximately $28.7 million in addition to constructing 359 classrooms and purchasing hundreds of relocatable buildings. If the District had not received funding to support the implementation of the Class Size Amendment, the District would have only recognized a 21 percent increase, approximately three percent per year, in its operating budget in spite of increasing student membership by 2,430 students since the 2001-02 school year. 1 4. How many of Brevard Public Schools' current employees may be affected by these POTENTIAL budget cuts? Since 80 percent of the District budget supports personnel, it goes without saying that employees providing direct or support services to students may have to be reduced, It is estimated that approximately 950 positions may be impacted. 5. Would the POTENTIAL budget reductions impact new teachers and new employees to the district? The most recent hires would be potentially the most vulnerable to reductions. However, the potential loss of identified positions may also impact long service employees at all experience levels. 6. I hear that funding for my job is going away. Should I be looking for another job? This is a personal decision on your part. The best action to take at this time is to contact your state legislators to encourage them to identify additional funding resources for education. If sufficient funding is provided, many, if not all, of these reductions would not be necessary. 7. What can I do to prevent these POTENTIAL budget reductions from happening? Obviously, there is a serious financial problem in the state of Florida. Education is primarily funded by the state; therefore, these POTENTIAL budget reductions will become a reality unless the legislators increase funding for schools. You need to communicate your concerns in a personal fetter or e-mail (do not use a form letter) to the legislators and the governor. District personnel may not use Brevard Public Schools' e-mail, equipment at their worksite, or work time for communicating these concerns. 8. What are you suggesting that the legislators do to lessen the financial impact on education? Legislators must find additional revenue resources to support our schools. 9. Some people have suggested that flexibility in regulations or mandates is the solution. Is that accurate? Flexibility is always helpful, but it is not the ultimate solution. The magnitude of the loss of revenue being projected for school districts cannot be overcome with flexibility alone. Unless state funding for education is increased, students will not receive specialized programs and enhanced educational opportunities due to the required reduction of professionals and support staffs who serve them. 10. How would you uphold your vision of excellence as a standard for every student? We wouldn't. The level of funding that we are projected to receive for the 2009-10 school year would make excellence almost impossible, resulting in a poorer quality of student performance. Without funding, educational opportunities and experiences that, have enhanced, academic student achievement in Brevard County will not be available for students. 2 _ 2/10/2009 11. Would parents and booster clubs be able to support athletic programs that are potentially slated for elimination? If POTENTIAL budget reductions should become a reality, consideration will have to be given to "pay to play" or a special activity fee for all students to participate in extracurricular activities. All schools will operate under the same parameters if this option is utilized. 12. When will everyone know more definitively what is going to happen? The legislative session begins on March 3 and ends on May 1. Until the session concludes, we will not know with certainty what the funding for the 2009-10 school year will be or what POTENTIAL budget reductions will have to be made. 13. There is discussion at the federal level of a stimulus package. Would the stimulus package help? Yes, but to a limited extent. The proposals announced thus far would provide additional funding for Title I, IDEA (exceptional education students), and construction. It is important to understand that the stimulus package revenue may be restricted for the most part for these identified programs. Therefore, funds allocated to Title I and IDEA cannot be used for the general operation of our schools. In addition, current provisions of these federal programs generally require maintenance of existing efforts to qualify for these funds. With reductions in state funding for education for the last two years, Florida may not qualify for the specified funds of the stimulus package. 14. The District has received increased funding for the past five years. Why can't you accommodate these revenue reductions by simply roiling back expenditures to the 2003- 2004 level? Along with the increase in funding, the District has realized the same types of cost -of -living increases that you have experienced. Some examples of such increases include fuel, electricity, property insurance, and food. In addition to these increased expenditures, the District has made increases to salaries to respond to cost -of -living needs for employees. The district has also invested in curricular enhancement programs for students such as strings program in all schools, Robotics, Career and Technical Programs, seven -period day at high schools, Future Problem Solving, Odyssey of the Mind, and relevant educational Field trips. In addition, increased revenue was utilized to provide a comprehensive su nmer school program (SOAR) resulting in enhanced academic student perfonnance. 15. Many critics say that the District is fat and bloated at the top level. Is this true? The District has implemented a hiring freeze for two years and has reduced 60 positions assigned to the central office and currently there are 35 additional frozen positions as of February 10, 2009. More importantly, maximum dollars going to our schools has always been a priority and a strategic plan initiative. This is reflected in Brevard Public Schools' ranking of 66 out of 67 school districts in District administrative spending which equates to less than three cents per dollar for administrative support. If all District offices were eliminated, it would have a minimal financial impact. Critical functions associated with maintaining and operating an efficient 3 2/10/2009 organization such as facilities and maintenance, transportations services, information technology system and network, payroll, human resources, accounting, background checks for employees, and curriculum development would still have to be maintained. 16. Why are you purchasing new textbooks when the old textbooks could continue to serve the purpose? Funding textbooks has been a categorical allocation, prohibiting the district from utilizing the monies for other expenditures. However, the District applauds the Legislature for providing flexibility in the purchase of textbooks for the current school year and the next school year. Therefore, the district will not purchase new textbooks except as required to address increased student enrollment or the replacement of damaged books. 17. Why is the District still engaged in construction projects such as Heritage High School, Cocoa High School, and Eau Gallie High School? With the exception of emergency, committed, and previously contracted projects (e.g., Heritage High School, Eau Gallie High School, and Cocoa High School), all prospective construction has been put on hold. 18. Are any actions being considered regarding the retired personnel working in the District through the DROP program? The DROP program is established by law; therefore, this is an issue for the legislature to address. Our policy to date is to reemploy those employees in DROP deemed to be excellent performers and who provide essential services to the District, including critical shortage areas. Some of our most outstanding teachers and administrators are in the DROP program, and the impact to our school system would be tremendously negative if these employees were not permitted to continue to serve our students. The DROP program is no different than retired professionals (e.g., retired military) in our community seeking employment at the District. Moreover, many retired workers in the space and related industries serve as outstanding math and science teachers (critical shortage areas), helping the district in its quest to be first in the nation. 19. Is the District considering a four-day week for students? No. We do not have the flexibility to modify this Florida Statutes mandate that requires students attend school 180 days per year. Additionally, the four-day week would likely be extremely disruptive for working parents in Brevard County. 20. Does the District plan to eliminate all student field trips? In an effort to maintain our excellent academic programs this school year, the District continues to provide students with relevant field trip experiences. However, field trips and many other activities such as Project BLAST (all seventh graders), Project SEINE (all eighth graders), and Lagoon Quest (all fourth graders) could be eliminated if the District must reduce the current operating budget. The District will seek additional community support for these exciting and 4 2/10/2009 - _ - --- -- - ---- relevant student activities as well as other existing programs such as Space Week, 1776, and Brevard Symphony Orchestra. 21. Will the District continue to implement its energy conservation plan to save money? The District has been engaged in an energy conservation initiative for the first six months of the 2008-09 school year. The overall energy consumption has been reduced by 12.82 percent, exceeding the District's established goal by 10 percent. Despite these significant energy savings, we were only able to realize a 3.75 percent reduction in our budget due to FP&L rate increases. 22. Why does the District continue to provide free breakfast for all students? Wouldn't eliminating this service provide significant savings to the district? State law requires the District to provide the breakfast program to all students. Brevard is very fortunate to receive funding for this service at no cost to the District. Therefore, no savings would be gained by eliminating breakfast and thousands of students would not benefit from this excellent free breakfast program. 23. Can you explain the difference between the capital (construction) budget and the operating budget and how these two budgets are being affected? The Operating Fund is primarily funded by state sales tax and local property taxes. This fund is used to record the activities necessary for the operation of the governmental entity. In the case of the- School Board, the Operating Fund is used to record items such as salaries and benefits, purchased services (charter schools), energy services (electricity), materials and supplies, capital outlay (furniture, fixtures and equipment), and dues and fees. The Capital Projects Funds are used to record revenues and expenditures for items such as new construction, remodeling projects, site improvements, new buses, and relocatable buildings. The primary funding source for these funds is state PECO money, local property tax proceeds, impact fees, and borrowing by the School Board to fund large scale projects. Because there is a huge shortfall concerning the revenue generated by the state for the current year, the Legislature chose to shift more of the burden of operating the schools to school districts by reducing the 2.0 mill local property tax to 1.75 mills and adding the 0.25 mills to their share of the state funded dollars for education. The result of this shift had a tremendous impact on the Capital Projects Funds and all new projects and renovations have been put on hold indefinitely. However, if the Legislature had not done this, the budget reductions for the current year would have been much higher than they were for the Operating Fund, adding $ 10 million to the amount required to be out, 24. Will the District consider closing or combining schools with low student enrollment? POTENTIAL budget reductions include the possibility of closing or combining schools with low student enrollment. We will also explore sharing resources at low enrollment schools to reduce future expenditures. - 2/10/20.09^ __ - - - - - 25. Why are we continuing corridor transportation for schools of choice and District -approved choice programs at this time of budget constraints? The District has identified the elimination of choice corridor transportation as a POTENTIAL budget reduction. In addition, staff are analyzing the cost savings of consolidating bus routes and changing school start times, which would greatly reduce the number of needed buses. 26. Why are employees allowed to take District vehicles home each night? Many District employees are on call twenty-four hours a day; therefore, they are permitted to drive their assigned vehicles home nightly. It should be noted that the District is currently examining the use of its fleet of vehicles to minimize operational costs. 27. Can the District eliminate FCAT testing to help schools reduce costs? No. The District does not have the authority to eliminate FCAT testing, which is a critical component of the state's educational accountability program. 28. Is the District eliminating all school resource officers (SROs)? At this time, the elimination of school resource officers assigned to elementary and middle schools has been identified as a POTENTIAL budget reduction. 29. Will the District continue to operate the BPS -TV station? While BPS -TV is an excellent way to communicate with parents and the community, the District is currently looking at ways to reduce the costs of its operation. 30. Is the District considering eliminating the seven -period day or block scheduling for secondary students as a way to reduce the budget? No. Eliminating the seven -period day and block scheduling would significantly reduce curricular opportunities for our secondary students, such as fine arts, music, and career and technical education. Moreover, the additional period supports the District's Secondary Schools of National Prominence initiative, created to promote rigor, relevance, and relationship in the secondary school experience. The seven -period day is also necessary to meet the mandates of the Legislature and State Board of Education for Reading and Mathematics remediation for students presently below grade level. Brevard takes great pride in offering this successful and unique educational opportunity for students to earn additional credits and to explore enhanced curricular and instructional programs. 31. How many employees are currently working for Brevard Public Schools? Brevard Public Schools currently employs over eleven thousand employees. A breakdown of employees includes: Administrators 284 Teachers 5,204 Support Personnel 3,907 Substitutes 2,072 6 -2/10/2009 - - -- -- i CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 3, 2009 7:00 PM A11.U1111*1 CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk Recreation Director Planning and Development Director PRESENTATIONS: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Robert Lefever Barry Brown 2008 State of the City Report, Mayor Randels Mayor Randels credited Staff for their work on the State of the City Report which would become an annual reporting tool from this year forward. Ms. Roberts stated that another goal of the State of the City Report was to enable City Council to reflect their goals and what was accomplished as well. Ms. Roberts mentioned this in order to plan forward and include City Council's leadership goals and their subsequent accomplishment as part of their accountability to the residents. Mayor Randels recommended including the Council's Goals and Objectives from the Visioning Session in June. The City Manager commended his Executive Assistant, Kim McIntire, for publishing the document. Mr. Boucher noted that the Report summarized Departments' quarterly Accomplishments. Mayor Randels thanked Ms. Roberts for her encouragement in initiating the document City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 2 of 13 New City Web Site Mr. Boucher introduced the new City web site and he noted how it permitted each Department to update their own information. Mr. Petsos inquired about the new web site's word search feature. Mr. Boucher replied that he would address Mr. Petsos' question as part of the site features' tour. Mr. Petsos questioned about finding past Minutes on the web site. Mr. Boucher informed that the past years Minutes for one year were scanned and uploaded to the new site; however, the site was a work in progress and additional prior year's Minutes would take time. Mr. Ray Osborne asked if he could receive E-mail alerts of Meetings that were cancelled. Mr. Boucher replied that the E-mail update button on the Home Page could be used for alert purposes. Ms. Roberts mentioned that the photos of the City depicted a gray sky and asked for altemative photos depicting clearer weather in order to project a sunny, pleasant City image. Mr. Boucher affirmed that he could change the photos. Mr. Boucher assured the Council that past meeting Minutes would be added to the new web site over time. Mr. David Schirtzinger brought out that the link to the former web site was inoperative from the Google search engine. Mr. Boucher replied that it would take the search engines some time to acknowledge the new site address. Mr. Petsos noted the Model Space Shuttle photo and asked if the shuttle could be raised from its position within the barricade. The City Manager took note. New Marketing Video Mr. Boucher introduced the new Marketing Video. City Council commended John Anderson and the Business and Cultural Development Board Members for their work on the video. Ms. Roberts noted the absence of any mention of Kennedy Space Center and asked to have some reference to it. Ms. Walsh asked about the plans to promote the video. Mr. Boucher replied that the Board planned to discuss video promotion. Mr. Osborne noted that empty -nesters and retired persons were not clearly recognized in the video. He pointed out how the video was focused more toward young professionals and families; however, the empty -nesters were more prone to purchase a condominium. Mr. Boucher stated first, that he relied on the Board's recommendations and second, the community was not labeled a retirement community. Mr. John Anderson, Business and Cultural Development Board Chairperson, stated how the City web site would provide links to both the Enterprise Florida and the Economic Development Commission to permit access to commercial and tourism markets. He stated further discussion that Board discussion was necessary to reach other market sectors such as retirees and empty -nesters. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 3 of 13 Ms. Roberts addressed the need for the Council to make changes to the video before the finished product. Mr. Boucher informed that the Board recommended the video and any editing would require additional funding and editing for the voice over narrative. Ms. Walsh recommended seeking a cost estimate in order to make the suggested changes. Mr. Leo Nicholas stated that the City Council has a duty and an obligation to make changes. He stated further that the omission of Kennedy Space Center eliminated one of the major employers in the community. However, Mr. Nicholas commended the video efforts overall, REPORTS: City Manager • Mr. Boucher distributed a Public Works status report. He stated that he submitted the infrastructure project for the Federal Stimulus Package for the City's road, drainage, and sidewalk projects which were included in the Space Coast Transportation Planning Organization package. Mr. Boucher clarified the difference between maintenance projects and Comprehensive Plan projects. Ms. Roberts stated her desire for the Council to discuss the Stimulus Package projects as part of an Agenda. Mayor Randels pointed out that the Stimulus Package boundaries were not clearly defined. In closing, Mr. Boucher informed that the Council could discuss this item at their next Meeting, • Mr. Boucher informed that Cape Canaveral and Cocoa Beach representatives and Waste Management, Inc. would meet for a discussion on the contract renewal. He noted that Satellite Beach declined to participate, Indialantic was awaiting their price rates, and Indian Harbour Beach chose to proceed with renewing their contract. Mr. Boucher clarified that commercial dumpsters were a major discussion point since containerized pick-ups generate substantial revenue. Ms. Walsh informed that she received a letter from DRH, Inc. related to bidding for recycling and other solid waste disposal. Mr. Boucher replied that if the City solicits for a Bid Proposal, they could respond to it. • Mr. Boucher announced that the N. Atlantic Avenue intersection project was three- fourths open now. Brevard County was making headway and, hopefully, within the next few weeks, the entire intersection would be open. • Mr. Boucher informed that the vendor for thermo-stone asphalt imprinting would be available at the upcoming North Atlantic Avenue and Ridgewood Avenue Landscaping Workshop on Thursday, February 12th at 5:30 P.M. This company, Pave -Way Systems, performed the work in downtown Cocoa Beach, Ms. Roberts asked if Staff was considering brick pavers or any other options. Mr. Boucher replied that he was discussing paving options for North Atlantic Avenue with Brevard County. Mr. Boucher stated that North Atlantic Avenue and Central Boulevard would be a good intersection to try the thermo-stone asphalt. Ms. Roberts asked if brick pavers were considered as another alternative paving material. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 4 of 13 replied that he did not believe Brevard County would agree to pay for the brick pavers or the installation. He stated that he was gaining input from the Beautification Board. Ms. Roberts added that there was also input from the Public Workshops. Mr. Boucher informed that discussion took place among Brevard County and John Pekar of Stottler, Stagg and Associates related to the impact of working on North Atlantic Avenue during a paving project. Ms. Roberts inquired about paving all of Central Boulevard. Mr. Boucher clarified that paving would occur from State Road Al A to Ridgewood Avenue. In conclusion, Mr. Boucher stated that if there were no major impediments to paving, he would recommend paving to the Council. Mr. Boucher replied to Mr. Petsos that the Workshop on February 12th would establish the project details. Mayor Randels reminded that since signing the Agreement in March 2007, the original paving material prices have changed. Mayor Pro Tem Hoog requested to perform the paving project at night. Mr. Boucher replied that he would look into that possibility. He replied to Ms. Roberts that the Workshop Meeting on February 120' would identify crosswalks for paving. Mr. Nicholas questioned the matter of the City receiving payment for the road. Mr. Boucher explained that the City could either pave the road or receive a deed for the road upon accepting the County's payment; however, Staff was seeking paving costs. Staff Recreation Department • Mr. Lefever announced that Traper Jim Greene will be at the Recreation Center on Saturday, February P from 5:00 P.M. to 6:30 P.M. • Mr. Lefever also announced a Valentine's Night on Saturday, February 140' of babysitting services for parents from 6:00 P.M. until 10:00 P.M. for $5.00 per child. Planning and Development Director • No report. City Clerk • Ms. Stills asked if the Council desired to change how they acknowledged the City Board Members. Mr. Petsos stated that he had inquired about the cost of the Board Appreciation Dinner in an effort to decrease expenses. Mr. Boucher informed that the event, a formal dinner, was a budgeted item; however, the Council could choose to change the location. The previous year's cost was $4,000. Mayor Randels stated that the Council could present the City Manager with some options for Board Member recognition alternatives. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 5 of 13 City Attorney • Attorney Garganese reported that the Sign Code Ordinance draft was near completion and would be released by the end of the week for the formal public hearing process. • Attorney Garganese also reported that the Plaintiffs attorney called and cancelled the scheduled depositions of an ongoing case. These depositions will be rescheduled. At this time, Council Members requested to hear Council Reports at the end of the Meeting. AUDIENCE TO BE HEARD: Mr. Ray Osborne submitted another Green Paper for City Council's review. He noted it as a medium of discussion for alternative energy ideas in an effort to assist the City in decreasing cost and increasing revenue. Mr. Osbome mentioned some wind energy projects in Cape Cod and St. Lucie County. He also mentioned how building a solar energy plant could subsidize energy for the water treatment plant. Mr. Osborne referred to discussion from last June related to: 1) using photo -voltaic cells, and 2) conducting a green audit. Mayor Randels replied that the new photo- voltaic sign was in operation on the City's south entrance sign. Mr. Boucher replied that the new LEED point rating was now a standard and the audit would commence following further knowledge of this new requirement. In conclusion, Mr. Osborne mentioned how green standards would initiate green jobs. Mr. Osborne inquired about forming a Heritage Committee. He stated that a Heritage Committee could assist in: 1) advising how the web site could be used to convey the City's history, and 2) assisting with the ongoing Oral History Project, Ms. Roberts related on the significant contributions of the Historical Society in Virginia as well as that of the City of Cocoa. Ms. Roberts perceived a Heritage Committee as an asset to the City in that they could act in an advisory capacity to the Council and sponsor events that celebrate the City's heritage. Mayor Randels asked if this would become a City sponsored Board. Mr. Osborne replied that the participation would depend on the type of projects available. Ms. Roberts recommended that Mr. Osborne perform comparative research and return to the Council with ideas on what is done in other communities. Mr. Osborne agreed saying that he would seek information from members of the North Brevard Historical Society. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 20, 2009. 2. Resolution No. 2009-04; Appointing Alternate Member to Library Board; L. Brown. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 6 of 13 3. Resolution No. 2009-05; Suspending Temporary On -Premises Sign Code Provisions and Related Permit Fees. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. In light of previous concern over the City's actions related to the peacocks, Ms. Walsh clarified that the Minutes of January 20, 2009 read, "she desired that the peacocks be humanely captured and moved to another location." Ms. Roberts requested to hear from the Mayor related to his meeting with Commissioner Chuck Nelson and Ms. Isabel Escapa, Library Director. Mayor Pro Tem Hoog noted a correction to the date in a Memo from Ms. Susan Chapman on Page 37 of the Agenda Packet from 2009 to 2008. A motion was made by Ms. Roberts and seconded by Ms. Walsh to Approve Consent Agenda Items No. 1 with the Clarification from Ms. Walsh through 3. 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: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 01-2009; Land Use Application Deadline. Attorney Garganese read Ordinance No. 01-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND USE DECISIONS; AMENDING APPLICATION AND HEARING PROCEDURES; PROVIDING PROCEDURES FOR HANDLING DEFICIENT APPLICATIONS; SETTING FORTH SPECIFIC CRITERIA AND TIME FRAMES FOR PROCESSING APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Roberts expressed her concern related to Item No. 4 in which the City desires to improve a process. She stated that there was no process map, or baseline, to indicate how improvements to an existing process would be accomplished. Mayor Randels summarized how this Ordinance would act as the driver for the developer to submit completed documents. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 7of13 Barry Brown, Planning and Development Director, explained how the application process was open-ended, in that Staff received an application for review; however, it was incomplete or additional information was needed. Staff could request the information, but the developer had no time limit in which to comply with the request. The Ordinance would establish time limits to facilitate Staff review. Ms. Roberts related her concern with City Staffs delivery standards. Mr. Brown replied that he was opposed to Staff replying to developers in an effort to have the developer take the position of action in the application process. Ms. Roberts stated that she viewed the Ordinance as one-sided and unclear. Mr. Brown explained that the Ordinance specifically addressed a noted deficiency in the Development Review process. Attorney Garganese stated that the Ordinance was drafted to add some definitiveness to the process. He explained that this process required a complete application without deficiencies from the beginning of the process. Attomey Garganese stated further that this would place the burden of action on the applicant to be prepared for the anticipated Board meetings. The Ordinance also outlines the criteria for the Boards to address the application. Mayor Randels emphasized the importance of Section 110-30(1) which required that the developer attend Board Meetings. Mayor Randels also noted how postponing Board Meetings delayed the review process. Attorney Garganese stated that applications must be complete at the time of submittal and this Ordinance defined that process. The Ordinance required that the applicant: 1) be prepared upon submittal, 2) submit information when requested in order not to delay the process. Attorney Garganese stated further that when the matter comes before the Board, the applicant should come to the Board and present their case as part of a quasi-judicial hearing. Finally, the Ordinance also established the criteria for the Board in Tabling and Postponing an application. Attomey Garganese clarified that "streamlining" as stated in the Recitals referred to: 1) obtaining a complete application, and 2) getting a decision on that application within a reasonable time period. Ms. Roberts stressed that a process map would help the Council to understand the rationale for changing the current process from her understanding of streamlining and expediting a process. Attorney Garganese stated that there were no definitive rules in the City's Code book for Land Development applications and this was the intent of the Ordinance. Ms. Roberts stated how customer service standards and expectations could be included in this amendment to improve the overall process. Ms. Walsh asked if what Ms. Roberts was seeking should become part of an office standard procedure for internal processing and not as part of the Ordinance. Ms. Roberts emphasized the need for a timeframe for City review and a process explanation with the Ordinance. Ms. Roberts also indicated the need for an administrative form to accompany an Ordinance such as this to illustrate its intended purpose for the public and the City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 8 of 13 developers. In this case, a process map including the steps and the timeframes that would include Staff review, Mr. Brown explained that submitting a complete application and hiring competent and capable consultants was the best manner for an application to proceed through the process. Attorney Garganese stated how Staff should not waste time seeking additional information due to incomplete applications which was a major issue for the City from 2003 through 2006. In conclusion to the discussion, Mayor Randels noted the correction in Ms. Chapman's memo to read: "October 14, 2008, not 2009." A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 01-2009 at Second Reading. 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. DISCUSSION: 5. Citizens Visioning Committee. Mr. Boucher reported that he, Mr. Brown and the Regional Planning Council staff discussed who would serve on this Committee. The Committee could be comprised of business, government, civic leaders and others. Mr. Boucher stated that the Business and Cultural Development Board could serve as the core group due to their involvement with the Redevelopment Plan. Mr. Boucher outlined the Committee's roles as: 1) to assist in identifying the communitys key stakeholders, 2) to participate in all of the visioning Workshops, 3) to identify with City staff the key outcomes of the Visioning Workshops, 4) to communicate the results of the Visioning Workshops to City Council, and 5) to monitor implementation of the community vision which is a key point. Mayor Randels asked if the Business and Cultural Development Board were in addition to the seven Committee members, or would they comprise the majority of the seven required Committee Members, Mr. Brown explained that a Special Meeting of the Business and Cultural Development Board would be held on Tuesday, February 100. Mr. Brown informed that all of the Business and Cultural Development Board members may not choose to serve on the Visioning Committee. Therefore, Staff would also consider City Council's recommendations for the Committee in an effort to gain the broadest representation of proposed stakeholders. Mr. Brown clarified for Mayor Randels that there was no definitive number of persons for the Citizens Visioning Committee. Mayor Randels asked why Canaveral Port Authority was included in number. Mr. Brown stated that the Port was adjacent to the City and a strong economic entity. He saw no reason not to extend them an invitation. Mr. Petsos stated that he wanted to ensure that residents, who are not business owners, become Committee members. Ms. Roberts City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 9 of 13 recommended geographical representation from the City's four quadrants as well. Mr. Brown affirmed that these suggestions could be taken into consideration. Mayor Pro Tem Hoog asked if the Business and Cultural Board members would qualify. Mr. Brown affirmed that some Board members qualify as business owners and civic leaders. Mayor Pro Tem Hoog asked that Staff address criteria on the number of permissible names from City Council members and the various named categories. Ms. Roberts questioned advertising for the Committee and she requested a two week period for application submittal, Mr. Brown replied that the intent was to choose a leadership committee and every resident would have an opportunity to participate in the process whether or not they choose to serve on the Visioning Committee. Ms. Roberts mentioned that self -nomination or submittals through the web site for a period of time were previously discussed. Mayor Randels informed that the Visioning Committee was initially called a Steering Committee for the purpose of scheduling and coordinating public participation. Mr. Boucher pointed out how review of Committee applications would take a considerable amount of time. Ms. Roberts stated that she was seeking a step-by-step approach as an outline of the seven month process. Mr. Brown explained that he did not desire to designate a scheduling timeframe until a Committee was selected. Mr. Ray Osborne noted if the Visioning Committee would use the data from the previous year's meetings or would they initiate their own data. Mr. Nicholas stated that he got the impression that the Visioning process was geared toward revamping the commercial district only and would not include the residential portion. Ms. Roberts stated that she understood that the East Central Florida Regional Planning Council planned to revamp the Contract to specify residential. Mr. Tom Garboski, 303 Surf Drive, stated that the Business and Cultural Development Board directed its intentions toward business enterprises and some Board members were not City residents Mr. Petsos reviewed the Visioning Committee's responsibilities as stated by Mr. Boucher at the onset of discussion. He emphasized the need for both business and resident participation in the Visioning discussion. Mr. Nicholas expressed his concern with a balanced representation. Ms. Roberts brought out that the Visioning process would impact the whole of the City, both residential and commercial. Mr. Brown recommended that the Council identify those who would best represent the City through the Committee. Ms. Roberts emphasized amending the Contract to specifically state a residential category. Ms. Roberts proposed providing an opportunity for the community to participate and self -nominate as well as nominating others to serve on the Visioning Committee perhaps through a notification on the City web site for a period of one week. Mayor Randels clarified that the Council's task was to identify those who were interested in serving on the Committee. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 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. Brown clarified that City Council would ultimately ratify the list of nominations. Ms. Roberts requested that the 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 Hoog 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 notification 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. Projects, 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 meetings; 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 City Council Regular Meeting Agenda February 3, 2009 Page 11 of 13 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 from the public meetings conducted during Visioning Session. Ms. Walsh asked if there were a Master list of goals. Mayor Randels affirmed that goals were developed during the 2008 Goals and Objectives Meeting. Ms. Roberts clarified that the Goal's list was Staff generated and not the Council presenting what they 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 needed 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 17th City Council meeting. CITY COUNCIL Mayor Pro Tem HooQ • Mayor Pro Tem Hoog referred to a letter that he received from the Space Coast League of Cities related to the Resolution on Mortgage Lenders' Responsibility. He reported that the Attomey 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 Clerk for distribution. Ms. Walsh reiterated that many of the Condominium Board Associations Board of Directors has also drafted letters of support similar to the Resolution. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 12 of 13 Mayor Pro Tem Hoog expressed his favor with the progress on the North Atlantic Avenue project. Mayor Randels • Mayor Randels reported on the success of the Professional Art Show held at the Cape Canaveral Library Meeting Room over the previous weekend. He commended Ms. Kim McIntire for her work on the event. • Mayor Randels reported that he had an application for a non-matching grant from the Florida Inland Navigation for $43,000. He asked if there were any interest in installing a boat launch ramp at the Manatee Sanctuary Park. Mr. Boucher stated that the City has a FEMA shoreline restoration project which could include a boat launch. Mr. Petsos reminded of previous discussion on obtaining a fishing dock. • Mayor Randels announced that on Saturday, February 28th, Canaveral Port Authority would host the Sons and Daughters of the American Revolution. Volunteers were needed. • Mayor Randels announced that Satellite Beach received a national award for "Building Healthy Communities for a Lifetime of Living" as part of the statewide Communities for a Lifetime Program. • Mayor Randels announced that the Brevard County Workforce Development Agency received a grant for $250,000. This was an effort to assist the displaced shuttle workers. Mayor has an opportunity to pursue a $1 million grant; he needed the City Manager to write an endorsement letter sponsoring the benefits of A.A.R.P. to the Workforce Development Agency. Council Member Betty Walsh • Ms. Walsh reported on Laurel wilt disease which was killing the Bay trees. She explained that a beetle was invading the trees and she expressed concern that the City could potentially lose many trees. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to extend the Meeting until 10:10 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. • Ms. Walsh recommended officially changing the City Council Reports to the end of the Meeting. Ms. Roberts suggested a time -driven Agenda, for example, a specific time to hear matters, similar to that used by the Business and Cultural Development Board. By consensus, Council Members agreed to change the format of the Agenda. Council Member Shannon Roberts • Ms. Roberts reported on a damaged fence between Mystic Vistas and Shorewood Drive. The City Manager took note. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 3, 2009 Page 13 of 13 Ms. Roberts also reported that the fence separating Oak Park and Shorewood Drive was removed. Ms. Roberts reported that Wikipedia.com reads in its description that Cape Canaveral was known as the divorce capital. She requested that Staff find out how to modify that description as it may adversely affect the City's image. Mayor Randels explained that the U.S. Census noted that the City has the highest number of divorced persons. Ms. Roberts inquired about Mr. Boucher's meeting with the County Commissioner Chuck Nelson related to the Library Meeting Room, Mr. Boucher related that Commissioner Nelson expressed his concern with the anticipated permanent use of the room and preferred a designated temporary use of the room status until the new Sheriff's facility is completed. Ms. Roberts inquired about the Wachovia Bank purchase. Mr. Boucher informed that the property owner was not willing to assist with a third -party relocation. Council Member Buzz Petsos • Mr. Petsos announced the Sea Oats planting on February 7`h, beginning at 9 A.M. at Cherie Down Park. A demonstration of the beach rake was also planned. • Mr. Petsos announced a meeting related to the state of Brevard County schools on Monday, February 23`d at the Maxwell C. King Center. Mr. Petsos planned to bring a letter of support to the next City Council Meeting. He informed that the Cape View Principal desired to speak with the City Council. • Mr. Petsos reported on a meeting on February '12th at Cape View Elementary School with School Advisory Council and Parents/ Teachers Organization and as many community members and residents to proactively ensure that Cape View was not placed on the closure list. Mr. Petsos announced that he would arrive late for the City Council Workshop Meeting on February 12`h. Mr. Petsos noted that the meeting on Thursday, February 12th at Cape View begins at 4:30 P.M. Ms. Joyce Hamilton announced the Student Art Show at the Cape Canaveral Library on Saturday, February 7t' from 11 A.M. to 1 P.M. All are invited to participate. Ms. Hamilton also announced the movie "Igor" at the Manatee Sanctuary Park on Saturday, March 21 st. ADJOURNMENT: There being no further business, the Chair adjourned the Meeting at 10:10 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 02-17-09 AGENDA Heading Ordinances -la Hearing Rem No 2 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/DIVISION: COMMUNITY DEVELOPMENT/BUILDING Requested Action: City Council consider at first reading, Ordinance No. 02-2009, amending Chapter 82 of the City Code, adopting the Florida Building Code 2007 Edition. Summary Explanation & Backgound: 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 Mana Office Department COMMUNITY DEVELOPMENT/BUILDING !nc\kim\m do ents\admin�C-65-nciI\meeting\2009\02-17-09\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 II entitled Building Code of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout 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 2-&H 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 of adjustment 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 [, 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 section 2, is in the wind exposure category exposure "C." (d) Wind borne debris region. All of the city as described within the City Charter, article 1, section 2, is in the wind borne debris region. **x 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. [f 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: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance 02-2009 Page 3 of 3 Against PREFACE History The State of Florida first mandated statewide building codes during the 1970s at 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 (o 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, (o 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 are developed and maintained by (lie 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 Internalionol Building Code, 2003 edition: the In- tern.ationol Plumbing Code, 2003 edition; the International Mechanical Code, 2003 edition: the International 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. Depi t-nent of Housing and Urban Development, Fair Housing Guidelines, and; substan- tive criteria from the American Society of Heating, Refrigerating and Air-conditioning Engineers' (ASHRAE) Standard 90.1-2001. State and local codes adopted and incorporated into the code include the Florida Energy Efficiency Code far Building Construction, the Florida Accessibility Codefor Building 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 I 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 Nalimutl Electrical Code Requirentents for One- and Two -Family 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 most be adopted by local ordinance and reported to the Florida Building Commission then posted on the wwwAoridahuilding.ocg web site in Legislative format for a month before being enforced. Local amendments to the Florida Building Code and the Florida Fire Prevention Cade 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 State 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 Statutes. 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 (he 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 (he 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 Administration/Enforcement. FLORIDA BUILDING CODE — BUILDING ill The Commission may only issue official code clarifications using procedures of Chapter 120, Florida Sian nes. To obtain such a clarification, a request for a Declaratory Statement (DEC) must be made to the Florida Building Commission in a manner 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 1, 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 Department 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 efforts and contributions of building designers, contractors, product manu- facturers, regulators and other interested parties who participate in the Florida Building Commission's consensus processes. Com- mission staff and the participants in the national model code development processes. IvR FLORIDA BUILDING CODE — BUILDING tion, the AF&PA Wood Fiume Construction Manual for One- and Two -Family Dwellings, high Wind Edition, the FC & PA Guide to Concrete Nlasonry Residemial Con- srrtuction 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 (he following conditions: 1. 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 ( 0 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 l mile (1.6 km), whichever is greater. 1609.1.2 Minimum wind loads. The wind loads used i n the design of the main wind -force -resisting system shall not be less than 10 psf (0.479 IN/m') multiplied by the area of the bui lding or structure projected on a vertical plane normal to the wind direction. In 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 buildi ngs shall not be less than 10 psf (0.479 kN/m') acting in either direction normal to the surface. The design force foropen buildings and other structures shall not be less than 10 psf (0.479 kN/m'-) 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 ASTM E 1996, ANSUDASMA l J5 (for garage doors and rolling doors) or Miami -Dade TAS 20). 202 and 203 or AAMA 506 referenced therein as follows: I. 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 m'-) or less are not required to comply with the manda- tory windbome 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 the 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- tilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet require- ments of the Large Missile Test. Impact -resistant coverings shall be tested at 1.5 times the design pressure (positive or negative) expressed in pounds per square feet as determined by the Florido Building Code, Building Section 1609 for which the specimen is to be tested. Exceptions: 1. Wood structural panels with a minimum thickness of '1r6 inch () d . J 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.J.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 IV build- ings located over 60 feet (18 288 mm) above the ground and over 30 feet (9 144 nim) 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, the 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 EM 1 i .� iWind-borne Debris Region DeSIgnated areas where the basic wind speed is 1 mph or greater, 1 MPH and within I mile of the coast Basic Wind Speed Second gusts, wind -spas lin arulies per hour (mph) at 33 feet 00M) above ground for \ + Exposurec Cat"ory, 0" This map Is accurate to the county. Local governments es1aNish specrfft wind speed /'wi nd-borne debtls flares aAiN, physfcaWland!matkisuch asmajor toads, tartars, 1'ive4"s and shorehnes. Bslands and Coaxtal areas outside the last corntouf shafa use than Bast vAnd-speed contour of the coastal area. FIGURE 1609 STATE OF FLORIDA WIND-BORNE DEBRIS REGION & BASIC WIND SPEED 16.14R FLORIDA BUILDING CODE — BUILDING STRUCTURAL DESIGN TABLE 1609.1,4 WIND-BORNE DEBRIS PROTECTION FASTENING SCHEDULE FOR WOOD STRUCTURAL PANELS For SL I inch = 25.4 mm, t foot = 304.8 mm. 1. This table is based on a maximum wind speed of 140 mph (63 m/s) and mean roof height of45 feet (13 716 m) or less. 2. Fasteners shall be Installed at opposing ends of the wood structural panel. 3. Where screws are attached to masonry or masontylctucco, they shall be attached wing vibration -resistant anchore havinga minimum withdrawal capacityof 1.500 Ib (6673 kN). 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 requiretncnts shall not apply landward of the designated contour line in Figure (609. 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 l Hz. BUILDING, ENCLOSED. A building that does not comply with the requirements for open or partially enclosed buildings. 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 m-) or I 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„> I.10A,,; (Equation 16-32) A, > 4 square feet (0.37 m') or > 0.01A...., whichever is smaller, and A_ /AA, <_ 0.20 (Equation 16-33) where: A,,, AR 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 Ar,, in square feet (m'), BUILDING, LOW-RISE. Enclosed or partially enclosed At; _ buildings that comply with the following conditions: 1. 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„ >_ 0,8AS� (Equation 16-31) where: A, = Total area of openings in a wall that receives positive external pressure, in square feet (m'-). Ay = The gross area of that wall in which A is identified, in square feet (!n'). 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 - The sum of the gross surface areas of the building enve- lope (walls and roof) not including AV in square feet (m2). 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. the effective wind area in Tables 1609.6.2.1(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: I. 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 16.1 SR FASTENER SPACING (Inches)' - Panel span <2 feet 2 fee# < Panel epen 5 4 feet 4 feet < Panel span <6 feet 6 feet < Panel spanmc B feet FASTENER TYPE #8 Wood screw -based anchor with 16 16 10 8 2 -inch embedment length' 010 Wood screw -based anchor with 16 16 12 9 2 -inch embedment length' t/ Lag screw -based anchor with 2 -inch 16 16 16 16 embedment length For SL I inch = 25.4 mm, t foot = 304.8 mm. 1. This table is based on a maximum wind speed of 140 mph (63 m/s) and mean roof height of45 feet (13 716 m) or less. 2. Fasteners shall be Installed at opposing ends of the wood structural panel. 3. Where screws are attached to masonry or masontylctucco, they shall be attached wing vibration -resistant anchore havinga minimum withdrawal capacityof 1.500 Ib (6673 kN). 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 requiretncnts shall not apply landward of the designated contour line in Figure (609. 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 l Hz. BUILDING, ENCLOSED. A building that does not comply with the requirements for open or partially enclosed buildings. 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 m-) or I 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„> I.10A,,; (Equation 16-32) A, > 4 square feet (0.37 m') or > 0.01A...., whichever is smaller, and A_ /AA, <_ 0.20 (Equation 16-33) where: A,,, AR 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 Ar,, in square feet (m'), BUILDING, LOW-RISE. Enclosed or partially enclosed At; _ buildings that comply with the following conditions: 1. 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„ >_ 0,8AS� (Equation 16-31) where: A, = Total area of openings in a wall that receives positive external pressure, in square feet (m'-). Ay = The gross area of that wall in which A is identified, in square feet (!n'). 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 - The sum of the gross surface areas of the building enve- lope (walls and roof) not including AV in square feet (m2). 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. the effective wind area in Tables 1609.6.2.1(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: I. 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 16.1 SR STRUCTURAL DESIGN 2. Hawaii, Puerto Rico, Guam, Virgin Islands and Ameri- can Samoa. IMPORTANCE FACTOR, 1, 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 suppon and stability for the overall structure. The system generally receives wind loading from more than one surface. MEAN ROOF HEIGHT. The average of the roof cave height and the height to the highest point on the roof surface, except that eave 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 1 mile (1.61 km) of the coastal mean high water line where the basic wind speed is 110 mph (48 m/s) orgreater; orportions of hurricane -prone regions where the basic wind speed is 120 mph (53 m1s) or greater: or Hawai i. 1609.3 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Figure 1609. Theexact location of wind speed lines shall be established by local ordinance using recognized physical landmarks such as major roads, canals, rivers 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. 1609A Exposure category. For each wind direction considered, an exposure category that adequately reflects the characteristics of ground surface irregularities shall be detemuned for the site at which the building or su-ucwm 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. Forany 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 Secdon 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-family 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, 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. This exposure shall also apply to any 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 for a 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 resuItant 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 l 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, unobsrructed areas exposed to wind flow- ing over open water (excluding shorelines in hurricane -prone regions) fora distance of at least ) mile (1.61 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, I., 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 pennitted 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 mean 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 1609.6.1.2 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''0'` V, 85 90 100 105 _._ 110 � 120 125 130 140 145 150 160 170 YAnu 70 75 80 85 90 l(}0 105 110 120 1 125 130 1 0 1 150 For SI: t mite per hour= OA4 m/s. a. Linear imerpolation is permined. b. V1S is the 3 -second gust wind speed (mph). c Vfm is the fastest mile wind speed (mph). 16.16R FLORIDA BUILDING CODE — BUILDING kk No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATIONS: QUARTERLY BUDGET REPORT AND TRANSFERS FROM THE PERIOD ENDING 12-31-08 DEPT/DIVISION: ADMINISTRATIVE/FINANCE Requested Action: City Council review and approve the Quarterly Budget Report and Transfers as presented by the City Treasurer for the period ending 12-31-08. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: City Treasurer's memo City Manse Office Department ADMINISTRATIVE/FINANCE a im\ ents\ad.nr.�c� council\meeting\2009\02-17-09\budget.doc LM 7 CL x W i O �j Y O LO M 1l O% LO h M 00 O W M LO O LA '1 O O O LA O O O O O O m u M O O m 00 O O 0� lO M N 0 - 61 ." 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N �+ O O O O 3 O O O O O 61 61 N O O O O O toO O O O hp Q a 7 a 7 O UD CD l.o LOD wLOD LOD m LOO tDD kb Lo Si Z ..� No. I y AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL , SUBJECT: DISCUSSION: FEDERAL STIMULUS TRANSPORTATION FUNDS DEPT/DIVISION: PUBLIC WORKS Requested Action: The Space Coast Transportation Planning Organization is requesting the City identify transportation projects that fit within Federal guidelines. Summary Explanation & Background: The City may be eligible for $260,029. See attached memo and a summary of the Federal guidelines. Exhibits Attached: Public Works Director's memo of 01-10-09 City Manager -',s -Office Department PUBLIC WORKS c \ ants\ ouncil\meeting\2009\02-I7-09\stimulus.doc To. Bennett Boucher — City Manager 11ro gi : Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: February 12, 2009 Re: Agenda Item for February 17, 2009 City Council Meeting Availability of Federal Stimulus Funds City of Cape Canaveral (City) staff attended a meeting with the Space Coast Transportation Planning Organization (SCTPO) on February 9 to discuss the availability of Federal Stimulus Funds for Brevard County. The estimated allocation for Brevard County is $13,000,000. Distributing these funds to local municipal governments based upon the Local Option Gasoline Tax (LOGT) formula, the City is eligible for $260,029 in Federal Stimulus Funds. It was determined by the SCTPO that the only projects that could be completed within the federal stimulus package guidelines (e.g., contract for work within 75 days of the President's signature) were the maintenance (resurfacing) of roadways. Therefore, all of the funds allocated to Brevard County and local municipal governments will be used for the resurfacing of roadways only. Additionally, these funds are limited to usage on roadways within the Federal Aid System. The attached map shows the Federal Aid System roadways located within the City. These roadways include SR AIA, Ridgewood Avenue, North Atlantic Avenue, Washington Avenue, and West Central Boulevard. Since all of these roadways have recently been paved or will be paved in the near future by the City or Brevard County, the City has no eligible projects to submit for Federal Stimulus Funds. A copy of correspondence is attached from Mr. Bob Kamm, SPTPO Director, detailing additional requirements for project eligibility for Federal Stimulus Funds. VWl IL. I IIUIJUQy, I GVIUGIy IG, GUVo G.JA r1VI To: bwfree@townofmalabar.org; Allen Potter; Bennett Boucher (E-mail); Bob Torres (E-mail); cbillias@cityofcocoabeach.com; cchinault@indialantic.com; citymanager@palmbayflorida.org; Denninghoff, John P; Don Land (E-mail); dreynal@westmelbourne.org; Ed Wegerif; Georganna Gillette; Grant Valkaria; Howard Rails; Jack Schluckebier (E-mail); Jackie Burns; jclark@cocoafl.org; Jim Bursick; jmcknight@cityofrockledge.org; Jon Brazee; Ken Poole; KMills@westmelbourne.org; Kwabena Ofosu; Mark Ryan; Michael Crotty; Michael Giorgio; Michael Powell; Palm Shores; Raymond, Harriet F; rholt@cocoafl.org; Richard Hood; Ron Cassedy; Sue Hann (E-mail); Thomas Eschenberg; wmorefield@portcanaveral.org; Woody Rice Cc: Scott, Mel; Georganna Gillette; Larry Schultz; Ditta, Susan; Carter, Laura; Kelly, Barbara Subject: TPO Action on Stimulus Attachments: Allocation Options R10M.pdf; Allocation Options R13M.pdf; Project List Template.xls This morning the TPO considered the recommendation the staff committee developed on Monday. The adopted TPO motion is as follows: Motion by Councilman Jones, second by Councilman McCarthy to adopt the recommendation authorizing the TPO Chair to execute any and all documentation including TIP amendments necessary to expedite the receipt of stimulus funds, to use the Local Option Gas Tax distribution formula to allocate funds to jurisdictions, to redistribute unused stimulus funding through the LOGT formula and require each municipality submit their list of project priorities for stimulus funding to TPO staff no later than Friday, February 20, 2009 at 12:p.m. Adopted unanimously. Please note the deadline. Friday. Feb. 23 at noon is a HARD deadline. (FDOT requested we submit our priorities yesterday.) Attached are the following: 1. A template in Excel we request be used to report your priorities. Sending in Excel rather than pdf will help. 2. A $10M and $13M LOGT-based distribution. These include all cities unlike earlier allocations that did not have Indian Harbour Beach and Indialantic. Jurisdictions have another chance to submit eligible projects. As stated in the motion, funds will be reallocated if a jurisdiction does not have an eligible project. Details about the compromise stimulus bill are still sketchy. Funding may be less than the $13M assumed in earlier examples. The Board of County Commissioners will consider their priorities on Tuesday. It is critical for a jurisdiction desiring to partner with the County on a project to advise John Denninghoff immediately. County staff wants to be certain to reflect such partnerships in the draft recommendation submitted for Board consideration. Let us know if there are questions. Bob Kamm Director Space Coast Transportation Planning Organization 2725 Judge Fran Jamieson Way, Bldg. B Viera, FL 32940 321-690-6890 bob.l?arnm@brevardcounty.us 2/12/2009 mail; Thomas Eschenberg; wmorefield@porbcanaveral.org; Woody Rice Cc: Larry Schultz; Scott, Mel; Barbara Kelly, Barbara Meyer; Diana McCartney; Kim Smith; Laura Carter; Susan Ditta Subject: Summary of Recommendations from Economic Stimulus meeting Representatives from jurisdictions submitting candidate projects to the Space Coast TPO for Economic Recovery funding met this afternoon. The purpose of the meeting was to review the requirements for a project to receive funding (as best we can determine at this point), to understand the limited funding likely to be available and to discuss how local projects can be prioritized as requested by FOOT. The stimulus funds will flow through the TPO. A prioritization recommendation Is desired for the TPO Board meeting on Thursday. The group reached consensus on the following: 1. Maintenance projects on Federal Aid System roads usually meet federal eligibility requirements, are visible to the public, are widely needed and generate/maintain employment. Resurfacing and drainage projects comprise the bulk of the 350 projects submitted to the TPO. 2. FOOT is to provide a general estimate of what each county may receive early this week. 3. The most recent Loral Option Gas Tax distribution formula should guide suballocation of funds to the local jurisdiction level. 4. TPO staff will apply the LOGT formula to the DOT funding estimate and notify each jurisdiction of their target amount. 5. At their next rtteeting each Council/Commission will select and prioritize eligible projects equivalent to their target. 6. The jurisdiction lists will be submitted to the TPO staff. Staff will collect the individual lists and compile one composite list. The TPO will not be asked to prioritize the local projects. The TPO will transmit to FDOT the composite list of locally prioritized projects as received. Addltional important points: 1. Some jurisdictions did not realize maintenance prpjects are eligible. The LOGT suballocation will be sent to all local jurisdictions. Jurisdictions will have an additional opportunity to identify eligible projects. Once the jurisdiction's list Is submitted to the TPO no additional changes or additions can be made. This must be done quickly. Contact TPO staff if desiring assistance. 2. Using stimulus funds to partially fund a project Is acceptable as long as the project is on the Federal Aid system, the obligation deadlines can be met and the stimulus funds can be tracked. A city, for example, may receive only half of the cost of a project it desires to implement. The city may decide to fund the remaining portion with other local funds. Please indicate on your submission to the TPO when stimulus funds are to be matched by other funds. 3. TPO staff will distribute a form to use to report your CounclifCommission's decision. That will allow all information to be compiled in a consistent format. 4. It was pointed out to the group that many of the more important roads within cities are underthe jurisdiction of Brevard County. Consideration was requested of allocating a portion of a municipality's share to the maintenance of one or more County roads within that city. 5, It may be a good idea to prioritize an addition project or two over the target In case more funding perchance becomes available. Additional information will be sent as it becomes available. Thank you for your prompt attention. Bob Kamm Director Space Coast Tran%portcrtlon planning Organization 2725 Judge Fran Jamieson Way, Bldg. 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Summary Explanation & Background: Develop an action item list of City legislation for 2009. Please advise. Exhibits Attached: N/A City Manager'.. Office id Department LEGISLATIVE cam\-ZVSm d+co + s\admitcouncil\meeting\2009\02-17-09\actionstems,doc ure crwvcaa� No. � AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, SUBJECT: DISCUSSION: MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION DEPT/DIVISION: PUBLIC WORKSIWATER RECLAMATION Requested Action: City Council review and comment on the Model Water Conservation Ordinance for Landscape Irrigation. Summary Explanation & Background: The St. Johns River Water Management District is requesting that local governments adopt the model ordinance. I am requesting City Council's feedback prior to scheduling this for first reading. ExWbits Attached: SJRWMD memo; Model Ordinance City Managelrc Department PUBLIC WORKS/WATER RECLAMATION i \eny ments\admin\council\meeting\2009\02-17-09\sjrwmd.doc 4049 Reid Street , P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. MEMORANDUM DATE: January 21, 2009 TO: Elected officials, city/county managers, public works, water supply utilities FROM: Jeff Cole, Director, Office of Communications and Governmental Affairs SUBJECT: Irrigation ordinances To enhance water conservation, the St. Johns River Water Management District's Governing Board approved amendments to the District's landscape irrigation rule 40-C-2.042, Florida Administrative Code (F.A.C.). The amended rule limits landscape irrigation to no more than two days a week during Daylight Saving Time and no more than one day a week during Eastern Standard Time. Other key provisions include an irrigation schedule using an odd/even/no address system; no irrigation between 10 a.m. and 4 p.m.; irrigation limits of three-quarters of an inch of water per zone per scheduled irrigation day and no more than one hour per irrigation zone per scheduled irrigation day. Some exceptions are included in the amended rule, such as the use of reclaimed water. The amended rule applies districtwide and will become effective March 8, 2009. A summary of the amended rule is available at www,sjrwmd.corn/wateringrestrictions. In our work together to increase water conservation, the District needs the assistance of local governments in implementing the provisions of the amended rule through adoption of ordinances that are consistent with the rule. Although the Florida Legislature has provided that water management districts have preemptive and exclusive authority to regulate consumptive uses of water in section 373.217, Florida Statutes (F.S.), the Legislature has also provided the authority in section 373.609, F.S., for local governments, upon request by the District, to assist in the enforcement of District rules. Therefore, in its amended rule, the District has authorized local governments to enforce the District's landscape irrigation rule by the adoption of an ordinance incorporating the provisions of the District's rule. If you currently have a landscape irrigation ordinance in place, please amend the ordinance to incorporate the provisions of the District's amended landscape irrigation rule, 40C -2,042(2)(a), F.A.C. Please note that a landscape irrigation ordinance may not contain provisions that are more lenient than the provisions set forth in the District's landscape irrigation rule. Additionally, provisions that are more restrictive are not authorized in an ordinance regulating the landscape irrigation of the general population within a local government's jurisdiction. To assist you in this effort, the District has developed a model ordinance that incorporates all the necessary provisions. The model ordinance is available at www.sjrwmd.com/wateringrestrictions. If your local government chooses to adopt an ordinance, please submit the proposed ordinance to the District at least 30 days prior to adoption. If you contact us when you begin the ordinance GOVERNING BOARD Susan N. HU ghes, CHAIPMAN W. Leonard Wood, vrcE crrAiwv Hersey'HerW Hultman, sEcRETARY Hans G. Tanzier III, TREAstw.7 PONTE VEDRA FERNANDINA BLACH ENTERPRISE JAcKsoNvrLLE Douglas C. Cownique Michael Eriel David G. Graham Arlen N. Jumper Ann f. Moore VERA BEACH CrAEV') JACY,SONVU E FORT McCOY BUNN!ra..f. For assistance with your ordinance or if you have questions, please contact Ann Benedetti, intergovernmental coordinator, at (321) 676-6606 or abenedetti@sjnvmd.com. Please forward draft ordinances to Ann for review either by e-mail or by mail to the St. Johns River Water Management District, 525 Community College Parkway S.E., Palm Bay, FL 32909. We apprec.iate your cooperation in implementing the landscape irrigation rule amendments. Together, we can ensure water use efficiency and assist in meeting our water supply needs. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE NO. AN ORDINANCE OF ICOUNTYICITY,J FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating die consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set forth in Section 4; and whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C - 2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the [governing body] of [County/CiW to adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and WHEREAS, the [governing body] of the [Countffity] hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE [GOVERNING BODY] OF [COUNTY/CITY,] FLORIDA: Section _. Sections — through _, Code of Ordinances, are hereby created to read: WATER CONSERVATJON ORDINANCE FOR ,LANDSCAPE IRRIGATION Section 1. INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation. Section 2. DEFINITIONS For the purpose of this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar convnwiity is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N -Z. (b) "District" means the St. Johns River Water Management District. (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. commercial, and industrial establishments, and public medians and rights-of-way. ",Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. (f) "Non-residential landscape irrigation' means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. Section 3. LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following imgation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 am. and 4:00 p.m.; and d. No more than'/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs, 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m, and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and shall not occur irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: Irrigation using a micro -spray, micro jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed'/ inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 5. ADDITIONAL REOUIREMENT Any person who irrigates landscape with an automatic lawn sprinkler system installed after Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. Section 7. APPLICATION OF ORDINANCE The provisions of this Ordinance shall apply to each person located within the [County/City]. For local governments located in more than one water management district, an i.nteragen.cy agreement between the two districts pursuant to §3 will be needed to use this ordinance throughout the local government jurisdiction. Section 8. ENFORCEMENT OFFICIALS The local government should authorize law enforcement personnel an.d✓or other government staff as the enforcement officials for the area governed by this Ordinance. For example: Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the[Coiiiity/Cityj[Adntiitistrator/Maiiager) may also delegate enforcement responsibility for this ordinance to agencies and department of [Comity/City] government. Section 9. PENALTIES The local government should include penalties that include the issuance of citations, the treatment of each day a violation occurs as a separate offense, the imposition of fines that are significant and progressive, and allow other legal action to he taken. For example: Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Written Warning Second violation $50,00 tacn Clay in violation of tnis Urainance shall constitute a separate ottense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the [CountylCity/ may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article. Section 10. CODIFICATION Codification of this Ordinance is hereby directed and authorized. Section 11. ORDINANCES REPEALED The local government should list here anv previous ordinances pertaining to landscape irrigation, water- shortage, or other water use that conflicts with this Ordinance, District rules or - Part 11, Chapter 373, Florida Statutes. Sections through Code of Ordinances, are hereby repealed. Section 12. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the [governing hodyl of [County/City/, Florida this day of 200_. LOCAL EXECUTION PROVISIONS For information on this model ordinance, please contact.- St. ontact:St. Johns River Water Management District Office of Communications and Governmental Affairs 4049 Reid Street P.O. Box 1429 Palatka, FL 32178-1429 (800) 725-5922