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HomeMy WebLinkAboutPacket 01-06-2009 RegularCITY OF GAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 6, 2009 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Holiday Beautification Awards REPORTS: City Manager Staff City Council AUDIENCE TO BE HEARD: 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: 1. City Council Regular Meeting Minutes of December 16, 2008. 2. Resolution No. 2009-01; Appointing Regular Members to the Board of Adjustment. (D. Jenkins and G. Sweetman) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Wiity of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 2 of 3 3. Approval of Outdoor Entertainment Permits for Walk for Bibles, February 7, and March 7, 2009. CONSIDERATIONS: 4. Motion to Approve: Proposal by the East Central Florida Regional Planning Council to Conduct Community Visioning. 5. Motion to Approve: Proposal for Civil Engineering Design, Permitting and Bid Documents for the Ridgewood Avenue Greenscape Project in the amount of $63,145. 6. Motion to Approve: Proposal for Conceptual Engineering Support for the N. Atlantic Avenue Greenscape Project. 7. Motion to Approve: Renewal of the Inmate Labor Contract with the Florida Department of Corrections. 8. Motion to Approve: Appointment of a Canaveral Port Authority Liaison. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2008-39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders Responsibility for Delinquent Condominium, Co -Operative and Homeowners Association Fees on Foreclosed Units. 10. Motion to Adopt: Resolution No. 2009-02; Recognizing the `Building Citizenship in the Community: Back to Basics" Initiative of the Florida League of Cities, Inc., and Pledging Support for this Statewide Effort." ORDINANCE: First Public Hearing- 11. Motion to Approve: Ordinance No. 12-2008; A Five -Year Schedule of Capital Improvements. DISCUSSION: 12. Development Moratorium on All Properties Adjacent to State Road Al A. 13. Project, Reports and Calendar. ity of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 16, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown PRESENTATIONS: Parks and Recreation Department — Presentation to Ms. Joyce Hamilton. Mayor Randels called on Recreation Director Robert Lefever to present an award. Mr. Lefever introduced Ms. Andrea Binney, Recreation Coordinator, who assisted him in presenting an award to Ms. Joyce Hamilton who provided extensive support to Cape Canaveral's youth through the Recreation Summer Camp activities. North Atlantic Avenue Preliminary Landscape Design Concept. Mayor Randels introduced Mr. Brad Smith of Brad Smith & Associates to present the North Atlantic Avenue Preliminary Landscape Design Concept. Mr. Smith explained that a public workshop would be held on Tuesday, January 13th from 5:30 to 7:30 P.M. to gain community input. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 2 of 14 Mr. Smith clarified some of the previous points of consensus and the general direction of the project: two -lanes of travel, sidewalk on one side, 8 -foot bike path on the other side, pedestrian lighting, site furnishings, upgrading the transit stop and underground utilities, same as on Ridgewood Avenue. He noted some points related to traffic calming devices from the Federal Highway Administration such as traffic circles, roundabouts, raised traffic paving, and speed humps and how these features led to speed reduction. He also noted sensor lighting at pedestrian crosswalks. Ms. Roberts questioned if roundabouts were a realistic consideration for North Atlantic Avenue. Mr. Smith replied that the concepts were simply considerations from the Federal Highway Administration. Mr. Smith noted a significant amount of existing landscape along North Atlantic Avenue and a nice north entrance feature. Mr. Smith informed that the street permitted approximately 66 -feet of right-of-way. He related on the idea of creating a gateway feature at the north and south ends of the street using planters and landscaping. Mr. Smith stated that during the meeting, the public would cast their vote using pin dots on the various aesthetic features. In summary, Mr. Smith noted the project benefits as: simple, durable, cost effective, and readily achievable. Mayor Randels clarified that if the Council found this presentation suitable, then Mr. Smith would proceed with the public meeting. Mr. Smith affirmed. Ms. Roberts asked the following questions: First, if the bikeway and pedestrian area were for use by both parties. Mr. Smith replied that the sidewalk purpose was a multi -use 8 -foot wide asphalt path; otherwise the road required two lanes. Second, Ms. Roberts asked if beachside streetscape lighting would be considered. Mr. Smith affirmed. Lastly, Ms. Roberts questioned the concept of underground utilities. Mr. Smith replied that burying utilities was a budgetary consideration. Ms. Roberts asked the City Manager about the timing of this project related to the City working with Mr. Phil Laurien, Central Florida Regional Planning Director. Mr. Boucher replied that he and Mr. Brown were reviewing the draft scope of services which Mr. Laurien submitted. He informed that the visioning process was a 210 day time period, to include public meetings, subsequent to signing a contract with Mr. Laurien. Mayor Randels clarified that if the Federal Stimulus Package goes forward, a project must be ready within 120 days. Mr. Boucher stated that he recommended placing North Atlantic Avenue in the Stimulus Package. Ms. Walsh requested additional information from Staff about the Ridgewood Avenue project. She asked if the North Atlantic Avenue project was similar in concept to Ridgewood Avenue. Mr. Smith replied that Ridgewood Avenue differed in that it had more of an open feel and North Atlantic Avenue had existing canopy and vegetation along the corridor and landscape concept was limited to certain intersections. The similarity was the 8 -foot bike and pedestrian asphalt trail, decorative lighting and decorative intersections. Mr. Smith clarified, in response to Ms. Walsh's question on the project's cost that this contract included the Conceptual Design Phase, holding public workshops, and returning to the City Council with the public's comments. Should City Council decide to move City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 3 of 14 forward, then he would go into the construction documents package in which he would join the concepts and join them with detailed surveys and draft detailed biddable construction documents. Mr. Petsos requested publishing the presentation on the City's web site. Mayor Pro Tem Hoog expressed how the cost weighed in on any further project discussion. Ms. Roberts questioned the difference between using a swale approach relative to a curb approach. Mr. Smith replied that a curb approach provided a barrier between the pedestrian and the vehicle; however, using a curb required a drainage solution and there was no drainage along this corridor. The curb approach was more complex. Ms. Roberts mentioned this from the perspective of safety to bicyclists and pedestrians. Mayor Randels pointed out that in some areas the maximum roadway width was 50 -feet. Mr. Smith took the Mayor's point in account and stated that it might be necessary to obtain some easements in order to attain a contiguous bicycle or pedestrian route. A resident chose to speak about the construction on North Atlantic Avenue. Mayor Randels informed that the audience could speak on road construction during the Audience to be Heard portion of the Agenda. Ms. Joanne Muncey, Business and Cultural Development Board Chairperson, recommended "grouping" the types trash receptacles to obtain continuity of styles. A resident expressed her favor with the light sensors at the crosswalks, and she also brought up the bike path and suggested water fountains along the proposed route. In closing, Ms. Roberts mentioned how the use of a timeline would help residents to understand how the North Atlantic Avenue project would progress. Mayor Randels clarified that at this point, the City did not have the funding to proceed with the project. Cabo Casa, Proposed Assisted Living Facility Project. Mayor Randels called on Mr. Danny Ringdahl to present his proposed project for an Assisted Living Facility project. Mr. Ringdahl stated that this project was proposed for an out -parcel 7 acres of a 30 -acre parcel of land as an Assisted Living Facility. He stated that he met with the City Manager, the Planning and Development Director and the Building Official to present this concept. He informed that his group performed a market research and found the project an acceptable one since there was no longer a need for more condominiums. Mr. Ringdahl introduced, Mr. Glen Duffy, Project Business and Finance Consultant; Mr. Curtis Mosley, Project Attorney; and Mr. Dave Menzel, Project Architect. Mr. Duffy addressed the Council with a project summary. Mr. Duffy informed that the project was planned for construction in Phases beginning with 128 -units consisting of one - and two-bedroom suites. It was a pay as you go month-to-month under Housing and Urban Development rules. The facility would provide 24-7 nursing, rehabilitation center, alzheimer-demenitia care, hydration care, with full food service, recreation and leisure amenities. The facility would also include a respite component for residential living while family members take a cruise or stay locally. Mr. Duffy stated that this type of facility City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 4 of 14 would require a change in the City's zoning code. Mr. Boucher clarified that no formal application has been submitted to City staff. Mr. Duffy explained that an assisted living facility called for light nursing and affords safety for those who could no longer live completely on their own. Mayor Randels brought up the concern of evacuation. Mr. Duffy stated that the Federal and State requirements were provided in the report to the Council. Mr. Duffy emphasized that planning for evacuation was highly complex and extensively planned in order to contact loved ones, physicians, and arrange for transportation prior to, during and in the aftermath of an emergency. Mr. Petsos questioned the assurance of follow through with evacuation planning. Mr. Duffy stated that evacuation plans were a six-month process and were shared with the State, County and the municipality. He also stated that planning review, assessment, and drills were an ongoing part of operating this type of facility. Mr. Petsos expressed his concern with residents left behind during an emergency situation. Mr. Duffy noted that assisted living residents were easier to transport than Nursing Home patients who required ambulance transport. Mr. Petsos recommended that Mr. Ringdahl speak to the community prior to the project coming to the Planning and Zoning Board. Mr. Ringdahl stated that he and his team would identify some of their zoning issues and address the mechanics of the project. Mayor Pro Tem Hoog stated that if the firm's evacuation requirements failed during an evacuation, then the Fire Department was tasked with transporting the residents to safety. Mayor Pro Tem Hoog also requested: 1) to see a report related to the number of calls for Fire/ Emergency Medical Services daily or weekly for that number of people related to medical responses, and 2) to see the density related to the area and amount of acreage. Mr. Duffy stated that the facility would have 24/7 nursing staff that would determine if an Emergency call was required. Mayor Pro Tem Hoog expressed how the impact for the number of rooms was inclusive of the number of residents in that age group in the entire City. Mr. Ringdahl informed that he planned to phase the project at 110-120 units and density was not as high as Mayor Pro Tem Hoog might imagine. Mr. Brown clarified that the first plan sought 214 units, or 31 units per acre. However, the second plan sought 245 units or 36 units per acre. Mr. Ringdahl stated that ideally he was seeking 30 units per acre. Ms. Roberts asked if there was any other beach -side assisted living facility. Mr. Ringdahl affirmed but permitted Mr. Duffy to specifically address her question. Mr. Duffy replied to Ms. Roberts that the cost of the land was prohibitive for this type of facility in the beachside community. Ms. Roberts noted how this would benefit residents in other communities as well. Mr. Duffy informed that respite, rehabilitation, and hydration care would be available at this facility for the local community. Mr. Ringdahl replied to Ms. Roberts that he had not spoken to the adjacent neighbors as yet. Mr. Brown stated that Staff would like to express their comments. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 5 of 14 Fire Chief Dave Sargeant informed that an assisted living facility was a highly regulated operation under State, County and City regulations. He stated that General Management was required to perform a hazard analysis and have plans related to any and all emergency planning related to potential hazards and technical and natural disasters. Mutual Aid plans, in order to transport to another State during an evacuation, had to renew annually. These regulations were all related to obtaining and maintaining their licensing. Chief Sargeant explained that such a facility was mandated to leave on an evacuation order from Brevard County Emergency Management. He informed that Brevard County was performing a statistical analysis for this type of facility for him at this time. Mr. Brown brought up that the City would need to: 1) amend its Comprehensive Plan to allow for the increase in density, 2) amend the zoning to allow for an Advanced Life Support and the increase in density. Subsequent to this the process, the project would most likely enter the Special Exception process. Mr. Brown asked Mr. Ringdahl if he planned to own the facility with professional management for operations, or would he plan to construct and then sell the units. Mr. Ringdahl informed that the plan was to build the facility and to hire a professional operations staff. Mr. Brown stated that as a staff person, he would have more confidence with an Operations Staff on board. Mr. Duffy explained that an Operations Staff was required for the lending phase. Mr. Duffy replied to Ms. Roberts that 130-140 in personnel were anticipated. Mr. Petsos recommended that the Florida Department of Community Affairs [DCA] address the project's feasibility. Mr. Brown responded that he would open the discussion with the DCA. Ms. Roxanne Rauly questioned the total number of assisted living units. Mr. Ringdahl replied 210 upon completion of the phases. Mr. Duffy stated that the facility would anticipate a total of 230-240 for personnel. Mr. Leo Nicholas clarified that the developer was seeking: 1) rezoning and, 2) change of use for this type of facility. He suggested that the City conduct a survey to ascertain if changing to commercial zoning was favorable to the adjacent property owners. Mr. Dave Menzel, of M.A.I., informed that in the City of Melbourne there was no density cap on these units as well as a change in the parking requirements because the residents do not drive. Mr. Menzel explained that the parking reduction was a benefit. Mr. Menzel explained that all other examples used so far in development follow a residential development plan. He explained further how the conditional use was structured for a multi -family zoning, which would allow an assisted living facility with no density cap. The concept was relative to having a bedroom and all other amenities, such as the kitchen are shared. Mr. Menzel expressed his desire to share some of the concepts used in the City of Melbourne. As a recap, Mr. Boucher stated that the Planning and Development Director would seek confirmation from the Florida Department of Community Affairs on the density issues and would then contact Mr. Ringdahl with the projects acceptability. If acceptable, Mr. Ringdahl could then hold community meetings with the City Planner City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 6 of 14 in attendance, who would subsequently report on those meetings to the Council. If not acceptable, then the City was under no obligation to go any further with discussion. BOARD INTERVIEWS: Dennis Jenkins — Board of Adjustment Mayor Randels called on Mr. Dennis Jenkins. Mr. Jenkins informed that he was briefly a member of the Planning and Zoning Board; however, he was called away due to the Columbia disaster. Mr. Jenkins affirmed that all of the information on his application was true and correct to the best of his knowledge. Mr. Jenkins replied that he desired to serve on the Board of Adjustment in an effort to participate in the community. Mr. Jenkins stated that he was an engineer by training and a logical thinker and problem solver. Mr. Jenkins replied that he did not anticipate any scheduling problems. Ms. Roberts recognized that Mr. Jenkins was a noted author and expert on the shuttle program and space history. He has worked with the historian of the Air and Space Museum and co-authoring a book. Mr. Jenkins stated that he was looking forward to a new and different challenge working with the Board. In conclusion, Mayor Randels stated that a Resolution to appoint him to the Board would appear on the January 6, 2009, City Council Meeting Agenda. George Sweetman — Board of Adjustment Mayor Randels called on Mr. George Sweetman. Mr. Sweetman affirmed that all of the information on his application was true and correct to the best of his knowledge. Mr. Sweetman desired to serve and participate in the community. Mr. Sweetman responded that he has built homes and owned real estate, multi -family developments, in the community. Mr. Sweetman explained how he served on an Ad Hoc Committee of the Florida Fish and Wildlife Commission. He informed that he retired from the commercial crabbing industry, but returned to find the industry in jeopardy. In summary, Mr. Sweetman explained the Committee's purpose to develop regulations for the fishing industry and to permit fisherman to own their licenses. The Committee also served as an Appeal Board for licensing renewal. In conclusion, Mayor Randels stated that a Resolution to appoint him to the Board would appear on the January 6, 2009, City Council Meeting Agenda. REPORTS: City Manager • Mr. Boucher distributed information related to expansion at the Blue Toucan Restaurant. In summary, the owner was requesting to make time payments related to $6,400 for Impact Fees. The owner was under personal constraints and City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 7 of 14 decreased activity due to the North Atlantic Avenue road project. Mr. Mac Carver stated that the North Atlantic Avenue project was damaging economics for small business owners on the North Atlantic Avenue corridor. Mayor Pro Tem Hoog expressed his concern with the small business person's expended funds and had suggested waiving some of the fees. Ms. Roberts added the need for directional signage. The City Manager took note. Mayor Randels explained the 45 days in a three-phase period for the overall project completion. Mayor Randels informed that he would bring this up during a scheduled meeting with Commissioner Nelson. The owner of La Cantina Restaurant disclosed that he was experiencing a 25 percent loss in business. Mr. Petsos emphasized that leaving one lane open was the original agreement and the City should hold Brevard County Transportation to that commitment. Mr. Bandish explained the project's progression. Ms. Walsh questioned how long it would take in light of the December timeframe. Mr. Bandish replied that an answer was contingent upon the Christmas work schedule. He stated that the City accepted doing the project now in order to avoid having the crews proceed to a larger project. Mr. Petsos recommended a conference call with the Mayor, the City Manager and the County Commissioner and Brevard County's Assistant Public Works Director Ed Gardulski and the construction supervisor. Ms. Roberts emphasized the importance of timeline information for the City as a County customer. Mr. Petsos asked business people in the audience to leave their contact information with the City Manager. Mr. Boucher requested to draft a payment agreement with the City Attorney for the Blue Toucan Restaurant to pay the Sewer Impact Fees. Ms. Roberts asked if the City planned to set a hardship precedent with this case. Andrea Bowers, City Treasurer, recognized that a similar payment plan was granted to Mona's Restaurant. Mr. Petsos stated that based on what the City Manager presented; this request should be addressed as a hardship case. Mr. Morley informed that there was an additional $1,300 building permit fee related to handicap accessible improvements. • Mr. Boucher distributed an update of Public Works projects for City Council's review. • Mr. Boucher informed that he spoke with Mr. Pierre who requested $1,080,000 for the property adjacent to the Fire Department facility for purchase. However, Mr. Boucher informed that the Wachovia Bank building and land was for sale at $750,000 for 3.37 acres. However, Wachovia Bank had an up to 99 -year lease with the property. The City would need to move Wachovia Bank personnel into the City's new building at 7510 North Atlantic Avenue, which was a former bank, in order to acquire their bank building. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 8 of 14 STAFF Public Works Director • No report. Assistant Public Works Director • No report. Planning and Development Director • No report. Building Official • No report. City Clerk • No report. City Attorney • No report. CITY COUNCIL The Chair requested to forego City Council reports due to the lateness of the hour and the number of people in attendance who desired to speak on Agenda items. Council Members agreed. Mr. Petsos wished everyone a Merry Christmas. AUDIENCE TO BE HEARD: Mr. Leo Nicholas addressed the City Council related to the Veterans of Foreign Wars [VFW] event saying how attendees were unaware of Manatee Park's existence. He suggested a video of the City parks and its benefits for distribution through the Cocoa Beach Area Chamber of Commerce. He thanked the Council for the use of the facility for the VFW event. CONSENT AGENDA: City Council Regular Meeting Minutes of December 2, 2008. 2. Appointing A Regular Member to the Community Appearance Board, J. Cameron. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1, as Amended, and 2. The vote on the City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 9 of 14 motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATIONS: 3. Motion to Approve: A Request for Satisfaction/ Release of Code Enforcement Lien, 116-118 Tyler Avenue. In summary, Mayor Randels stated that this was a two year Code Enforcement issue and Wells Fargo Bank was willing to reimburse the City for the Staff cost of $920 and legal expenses of $3,500 for a total of $4,420. Mr. Boucher informed that the legal fee was an estimate and the legal fees were actually $1,475.75, bringing the total due to the City for the cost of prosecution to $2,325.75. Mr. Boucher explained that the house was foreclosed upon and went into a state of disrepair. He stated that a letter from the Code Enforcement Officer found the property was in compliance. Mr. Boucher explained that the Bank came into receipt of the property as of May 2008 and a lapse occurred from the time of foreclosure to the time of acquisition. Mr. Carl Asbury representing Wells Fargo Bank addressed the Council. Mr. Asbury stated that once he acquired the property, he contacted Code Enforcement and immediately started exterior cleanup. He stated that the bank inherited liens from the previous owner and he elected not to sell the property with a title clouded by liens. Mayor Pro Tem Hoog asked If there was any mechanism that the mortgage company could use to take action against the former property owner. Attorney Garganese explained that the Mortgage was the instrument for taking action on maintaining a property; however, that was a private issue. Attorney Garganese noted for the record that this was a Final Judgment in a Foreclosure Action of which the Code Enforcement Lien was just part. Mayor Randels asked why the bank made no effort to address the property for three years. Mr. Asbury reviewed his progressive steps in an effort to address City Council since May. Mr. Asbury clarified that he is the Listing Agent for the property. Ms. Roberts brought out how Mr. Asbury was not part of any ongoing Code Enforcement action and she emphasized that the owner was responsible for the property. Mr. Asbury informed that if the property was not sold by January 7th, it would proceed to auction. Mr. Asbury replied to Ms. Walsh that there were offers; however, he did not choose to sell the property with liens. Attorney Garganese stated that $104,083.50 was the Final Judgment amount owed to the City divided into Lien and Penalty of $102,450, $4,420 in legal fees and $920 in Staff costs. Mr. Asbury responded that the City Manager could submit him an itemized bill. In conclusion, Attorney Garganese explained that Mr. Asbury would receive a payoff estoppel letter to pay the $5,000 at the time of closing. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 10 of 14 A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Release of Lien Contingent upon the Payment by Wells Fargo of $5,000 to the City of Cape Canaveral for Reimbursement for the Costs the City has Expended to Date on This Issue. 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. 4. Motion to Approve: An Amended Development Agreement between the City of Cape Canaveral and Ambassador Services, Inc. and Canaveral Bulk Terminal Inc. Mayor Randels explained that Mr. May has permission to store aggregate east of Marlin Drive property. This request required a Special Exception as well as an amendment to the Binding Development Agreement. Mr. Brown restated that this was a request to store outdoor aggregate in the M-1 zoning district. More specifically, they were asking to store aggregate piles east of the southerly extension of Marlin Street. The subject property is approximately 23 acres and is located south of George King Blvd. and west of North Atlantic Avenue. The property is a commercial operation for the outdoor storage of aggregates, containers, etc. It is identified by the Ambassador Services building and the conveyor crosses George King Blvd. Zoning to the east is C-1 commercial, zoning to the south is M-1, zoning to the west and to the north is Canaveral Port Authority property. The surrounding use includes Portside Villas to the east, Southgate Mobile Home Park, and to the south Bill Mays owns a 4-A storage facility, and there are Port property and uses on the west and the north. The storage of aggregate was approved in the year 2000. Mr. Brown noted that a Unity of Title Agreement formed in 2006 brought several parcels together in order to address the uses on that site in total. The Agreement also called for a 16 -foot high site and sound barrier between the subject property and Portside Villas. Mr. Brown stated that the request was to store aggregate to the east of Marlin Street alignment. Portside Villas, which was approved as a Special Exception in the C-1 zoning district in 2003, is located adjacent to and along the southeast boundary of the subject property. Over the years complaints regarding dust, noise, drive lights, and operations beginning prior to 7 A.M. have been received by the City. The Council received a list of the complaints made to the Code Enforcement Officer. Mr. Brown displayed photos indicating a 16 -foot high sight and sound barrier constructed along the Portside Villa boundary. In reference to the copy of the History of Violations, Mr. Petsos asked if there were currently any outstanding violations. Todd Morley, Building Official, stated that there were currently no violations; however, there is an expired permit for the conveyor belt. Mr. Petsos noted calls related to noise and asked what options the City has if complaints City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 11 of 14 continue. Mr. Morley replied that the Binding Development Agreement was the mechanism to address violations, or, if Council preferred, violations could be addressed through an amended Citation Program. Mr. Boucher clarified that the Building Official could issue a citation for noise. Mr. Petsos asked if there were any information on Transportation Impact Fees. Mr. Brown informed that the expansion of the aggregate area was not related to a building and, therefore, was unaffected by impact fees. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Walsh to Extend the Meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mayor Pro Tem Hoog noted how at the beginning of the project there were 400 plus truck trips per day. Mr. May replied that the number was more accurately 200 plus truck trips per day. Due to a complaint related to noise at 6:30 A.M., he assured the Council that work did not begin until 7:00 A.M. Mr. May also assured that the sprinkler system was operational. Mayor Randels asked why Mr. May crossed the line of demarcation with stones. Mr. May replied that he was unaware that the stones were placed outside of the boundary line; however, once he became aware of the problem he had the stones moved. Mayor Randels expressed a concern with containers; however, Mr. May assured him that the containers were moved to a northern most area on the site. Ms. Roberts stated that she met with Mr. May and ascertained that the granite on site would not need the same attention as the stone. Mr. May explained his intent to keep the slowest moving cargo in the area in question in an effort to reduce noise from the truck transport. Secondly, Ms. Roberts related on her visit with residences in Portside Villas who stated that they had that communication with Mr. May has been agreeable. Ms. Walsh questioned if the City planned to address the expired conveyor belt permit. Mr. Morley and Mr. May responded that the conveyor belt expired permit would be attended to in the morning. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve An Amended Development Agreement between the City of Cape Canaveral and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc. 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. Mayor Pro Tem Hoog recommended moving Item No. 10 up to this point in the meeting for discussion. 10. Five -Year Renewal of the Solid Waste Agreement with Waste Management of Florida, Inc. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 12 of 14 Mayor Pro Tem Hoog noted that the terms were for (2) additional 5 -year extensions. Mr. Geletko stated that both parties would need to agree on such an extension. There was consensus from the Council to begin negotiations. The City Council would submit their concerns to the City Manager for the purposes of negotiating. Ms. Roberts asked if there was any guidance for recycling programs and green initiatives. Mr. Geletko reminded that the State passed a law setting a goal to reduce the waste stream in Florida by 75 percent. Ms. Roberts recommended seeking funding initiatives. As a formal introduction, Mr. Geletko introduced himself, Government Affairs Director, and Mr. Bryant Thornton, District Manager of the Cocoa and Melbourne operations. 11. Resolution No. 2008-38; Revising the Schedule of Fees for the Collection and Disposal of Solid Waste. Attorney Garganese read Resolution No. 2008-38 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE WITH THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels noted a rate increase. Ms. Roberts asked how condominiums were notified of a rate increase. Mayor Randels replied that rate increases were published on the utility bill through City of Cocoa water. Ms. Roberts expressed her concern that the Condominium Associations were not provided notice of the increase in an adequate time. Mr. Boucher affirmed that he would get notices to the Space Coast Condominium Association and also publish a press release. Mayor Randels asked for clarification that commercial dumpster and can rates were not increasing. Mr. Geletko replied that a 4 percent increase was anticipated across the board. Ms. Walsh pointed out that by Florida Statutes; the Condominium Associations had to have the budgets approved by the end of their fiscal year, which for most was December 31 st. This means their budgets had to be completed and approved by mid- November. Ms. Walsh summarized that they begin their budget process when the City does during the June/ July timeframe; however, they do not factor in a rate increase. Mr. Geletko recommended using the April Consumer Price Increase in the future in order to provide better notification. Ms. Roberts pointed out her concern that the City needed to plan earlier. The City Manager took note of moving the date forward. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Resolution No. 2008-38. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 13 of 14 In the essence of time, Item No. 7 was moved to this position for discussion. ORDINANCE: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 11-2008; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09-30-08. Attorney Garganese read Ordinance No. 11-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 11-2008 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. No discussion occurred on Items 5, 6, 8, 9, and 12. 5. Motion to Approve: An Appointment of a Canaveral Port Authority Liaison. 6. Motion to Approve: City Projects for the Federal Economic Stimulus Bill on Infrastructure. ORDINANCE: First Public Hearing: 8. Motion to Approve: Ordinance No. 12-2008; A Five -Year Schedule of Capital Improvements. RESOLUTION: 9. Motion to Adopt: Resolution No. 2008-39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders Responsibility for Delinquent Condominium, Co -Operative and Homeowners Association Fees on Foreclosed Units. DISCUSSION: City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 14 of 14 12. Development Moratorium on All Properties Adjacent to State Road A1A. ADJOURNMENT: There being no further business the meeting adjourned at 10:35 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 01-06-09 AGENDA REPORT AGENDA Heading Consent Item 2 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2009-01 APPOINTING REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2009-01, appointing Dennis Jenkins and George Sweetman as regular members of the Board of Adjustment. Summary Explanation & Background: Terms will expire 10-01-2012. Exhibits Attached: Resolution No. 2009-01 City Manager's. Office Department LEGISLATIVE cape-nt\ki m cie ents\admin\oouncii\meeting\2009\0 -06-09\2009-01-nnc RESOLUTION NO. 2009-01 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11- 2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Dennis Jenkins and George Sweetman are hereby appointed as regular members of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2012. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 6th day of January, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Meeting Type: Regular Meeting Date 01-06-09 AGENDA REPORT AGENDA Heading Consent [tem 3 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR PERMITS FOR TWO WALKS FOR BIBLES, SPONSORED BY THE FLORIDA BAPTIST CONVENTION AND SPACE COAST SEAFARERS MINISTRY DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the approval of the Outdoor Entertainment Permits for the Walk for Bibles on February 7, 2009, sponsored by the Florida Baptist Convention and the Walk for Bibles on March 7, 2009, sponsored by the Space Coast Seafarers Ministry. Summary Explanation & Background: See attached applications. These are non-profit groups, and they are requesting to be exempt from fees, $500 per day and $500 clean-up bond per event. The events will start at the Space Coast Seafarers Ministry, 8907 N. Atlantic Avenue and proceed north to Jetty Park. I recommend approval with the requested exemptions. Exhibits Attached: Application packages City Manager's, Office Department ADMINISTRATION cap im\ doc f?t-9\admin\co -cil\meeting\2009\01-06-09\biblesl.doc Rug 13 2008 8: 35RM City Of Care Canaveral 321-868-1224 P.1 Revised 03 -?2-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: a I"-) i., The applicant oT representative agrees to be on site at all times empowe-red with authority over all aspects Of the event and empowered to act for the applicant. Fame of Applicant: Firm: ' `'( Address: ' ` H ) )'A V I ,� .� i E -Mail _ ;� _ Y' Telephone:FAX: ( i _. — -- ` ` • ' _ — ---- - ` i Local Coma f c Title:C:, } �. _ _ -a Local Address (if differert from Type of Event: ; k-- ('k) Will Alcoholic Beverages Be Served onthe IP ernises? 1 ES NO Event Date(s) in Cape Canaveral:-- +:; i 1 't ,.i Location(s): Date(s) 4ttaeh map(s) indicating event area and designated harking areas. ❑Traffic Control DUse of Police/Fire Rescue Equipment ❑Sweet Closing ❑Vehicles/Equipment on Keach ?]Other 7VeEucle Parking on City Property Specify: Time z.%p,--n If applicant wishes to erect tents or other temporary structures in canjuncrian with the event, a building permit application must also be sribmitted along %ith all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application wilt occur AF'T'ER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: s 2008 8.35f1M City af 1??4 rapes C=n�tr�ral �21-868-1224 p.2 Revised 03-22-07 1. j1�rS— �gNGE A written public liability insurance entertainment event against any and all claCims and dernlands my insurL ng t1le ade by any sem, prta ortmting or conducting the outdoor with the staging, y person for injuries received is Promoting, conducting or attendance of or at the outdoor entertainment evert, written within of not less than $300,000.00 damage or in' damage to Property, and for not less l� CO anv one Person for bodily25limits than $500,000.00 for damages in or claimed bothenvise, pluss'25,fl40.O0 bodily injury or otherwise, plus $50,(}00.00 for damages to property. y more than one Person for be attached to the application far a special outdoor entertairtmP rtY• The original or duplicate of such policy shall premiums are paid_ Pest, together with adequate evidence that the Name of Insurance La: { {i ;�< } i i Policy No: ! , r (,i4 (r, Expiration Date: II. PRO 10TIONAL AU7 H(IRiZATION -- permittee authorizes the City of Cape Canaveral to utilize l�ernlittee's name and pP,�ject for public relation and other media related purposes. Poses HL EXPENSUKU The applicant agrees to pay the City, in advance, for any- sEr4ices Provided by the City at the any other permit fees that may be applicable to the particular prudm�etion as required h ,the Cof Cape Canaveral. City's usual rates and IV• I1 M1P ones Non-pratit organizations may seek a waive r afar �' of the outdoa, entartairmn�ent ;ode requirements waived dealing with the health, safety and welfare of those in attendamice, as well as the general public, have been otherwise provided for as required by said code, List any exemptions ceu are well asnh q trements tf the sections Applica& or Repr�entativeiTitie Gate Approved by City of Cape Canaveral: City Representative's Narne: Title Signature: Applicants shall keep a cagy of this approved pxrnit Canaveral. and attachments on the day of the event witltir_ the City p of Cape For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City' Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: (321 ) 868-1230 Fax: (32 1) 868-122-1 From: Dana Pugh At: Harden & Asssociates FaxID: 904-634-1302 To: Delicia Garland Date: 9/92008 02:02 PM Page: 2 of 3 LANA -2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Cape Canaveral 104 Polk Ave IMPOSE NO OBLIGATION OR LIABILrrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cape Canaveral FL 32920 REPRESENTATIVES. 25 (2001/08) ACORt1 CORP(1RATIr%M 1000 ACMD, CERTIFICATE OF LIABILITY INSURANCE OP ID D7 DATE(MWDD/YYYY) PRODUCER FLBAP-1 09/09/08 Harden & Associates, Inc. 501 Riverside Ave. Suite 1000 Jacksonville FL 32202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ERS AFFORDING COVERAGE Phone: 904-354-3785 Fax:904-634-1302 INSURED - - - A. Arch Specialty Insurance Co Florida Baptist Convention 1230 Hendricks Avenue FL 32207 jINSUREP B. Bridgefield Casualty Ins Co 10701 C_ Lexington Insurance Company 19437 DJacksonville E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP THE POLICY PERIOD INDICATEC NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W ITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSIR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MMIDD,YY) LIMITS A GENERAL LIABILITY X COMMEPC�ALGENEPALLIASILrT- CLAIMS MADE FX -LSI OCCUR - ---- NCPK(300648 06/30/08 06/30/09 EACH OCCURRENCE $ 1000000 PRE MISEs(Eaoc re ei $ 100000 MED EXP Any one person) $ 5000 PERSONAL S,ADV INJURY $ 1000000 - — GENERAL AGGREGATE $ 2000000 6EN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPAOPAGO $ 2000000 POLICY PRI_ ECTT. LOC - A AUTOMOBILE X LIABILITY ANY AUTO NCAUT000648 06/30/08 06/30/09 COMBINED S'NGLE LIMIT (Eaaccident) $ 1000000 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS BODILY INJURY (Per (Per acciden() A X NON -OWNED AUTOS A X Hired Phys Damage $500 DED COMP & COLL PROPERTY DAMAGE IPer accadent) $ GARAGE LIABILITY ANY AUTO AUTO ONC - EA ACCIDENT $ OTHER THAN EA ACC AUTO CNLY. $ ESSIUMBRELLA LIABILITYEACH AG(' $ $10000000 A �EXC OCCUR CLAMSMADE NCUMB00648 06/30/08 06/30/09 OCCURRENCE AGGREGATE $ 10000000 ----— $ DEDUCTIBLE I- $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/ERECUT! VE 83032995 OFFICER/.MEMBER EXCLUDED? X TOR`! LIMITS ER 01/01/08 01/01/09 E.L.EAcHAcaDENT _ $500000 If yes describe under EL DISEASE - EA EMPLOYEE $ 500000 SPECIAL PROVISIONS below OTHER EL.DISEASE- POLICYPMIT $500000 C Bus Personal Prop 3407972 incl contr equip 06/30/08 06/30/09 Limit 10000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT, SPECIAL PROVISIONS CERTIFICATE HOLDER LANA -2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Cape Canaveral 104 Polk Ave IMPOSE NO OBLIGATION OR LIABILrrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cape Canaveral FL 32920 REPRESENTATIVES. 25 (2001/08) ACORt1 CORP(1RATIr%M 1000 3 " �;r--rtffi'e_- that \gOnsu eta Gerf-Cate of Exemption,, fssued Pumuant to chaff erg 2, Florida Statutes Ua,Z-2MDE, 1 03 3 1 12-ci I A 77 1 T C 0 V E N T iO N V E CON) E z1 »2207-26=g\ -MPt f50M., ttie payment fa -f F101-fda sales and use !ay on, rea..' ompL-rt_y enttansetzmapopPLchaedotq Losvps paed DFI-I 4 R� 04-10-5 I[-,Pj6p -,ant,6d, Ian--,--"-[& CERTIFICATE OF INSU€tA.NCE The company indicated below certifies that the insi,ranre afforciefl by the policy for policies numbered and describer below is in force as of the effef.t:ve date of thi's ejrti-F tate. This Certificate of In5i*ofCe does not amend, extend, or otherwise alter the Terra and Conditions of insurance coverage contained it any policy ni�rTjered and described below - CERTIFICATE HOLDER: CITY OF CAPE CANAVERAL 105 POL K AVENUE CAPE CANAVERAL, FL 32920 AUTOMOBILE LIABILITf C 7 BUSINESS AUTO C ] Owned [ 7 H i red 7 Non-Cwned INSURED: BREVAP—D BAPTIST ASSOCIATION INC 4235 US HIGHWAY 1 ROCKLEOGE, -L 32455-5312 1 POLICY ( POLICY 1 EI CF. UA L I LXP. CATs V5 -1V-08 ( V5 -1V -V9 i f ( ( ( LIMITS OF LIABILITY 1 l*LIMITS AT INrCDTrn� 1 1 I Any One I Occurrence_....... 3 1,000,000 ' i I 1 j Any One Person/Org ; I,OOO,OCO i 1 1 ANY ONE PERSON .-----.---- $ 5,000 j ( Any One Fire or Exp l os --on i i^uD, Dt^0 1 ( 1 j General Aggregate* .._.... S 1,0000,000 j ( Prod/Comp Ops Aggregate* . S 1,00"0,000 j 1 I ( ( Boaiiy Injury 1 (Each Person) s I 1 (Each Accident) 3 1 1 Property Damage j i (Each Accident) b ( Combined Single Limit .... S EXCESS LIABILITY 177 -CU -545492-3002 05-10-08 i 05-10-09 ( Each Occurrence .......... 5 1,000,000 1 I Nationwide ( ( ProdiCornp Ops/Disease j iX] Umbrella Form j Insurance Ce. ( 1 Aggregate* b 1,000,000 1 1 77 -WC -546492-0003 05-I0-08 1 05-10-09 I STATUTORY LIMITS 1 I CX] Workers' 1 Nationwide I I j BODILY INJURY/ACCIOEN'T I Compensation 1 Mutual ! 1 Bodily Injury by Disease I 1 and 1 insurance Co. 1 1 I EACH EMPLOYEE .......... s 100,000 1 I [X] Employers' i 1 ( 1 Bodily Injury by Disease Liability i ( 1 POLICY LIMIT __-----_. -- Should any of the above described policies be cancelled before the DESCRIPTION OF OPEP,ATIONS/LOCATIONS expiration date, the insurance company will endeavor to mail 30 days VEHICLES/RESTRICTIONS/SPECIAL ITEMS written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation: or liability upon! the company, its agents, or represertatives. c Effective Date of Certificate: 05-10-2008 Authorized Representative; Susar A Petrucci Date Certiricate Issued: 10-29-2008 Countersigned at; 1199 S US Hwy 1 Suite 10 Rockledge, FL 32955 1 POLICY NUMBER YPE 0 I SURANCE 1 a ISSU£INU CO. LIABILITY 1 77 -PR -54S492 -00O2 IXj Liability and 1 NATIONWIDE Medical Exuense j MUTUAL FIRE CXj Personal ar:d j INSURANCE- CO_ Advertising injury] [X] Medical "vipenses CX] Fire Lega Liability i ( ] Other Liabiiity AUTOMOBILE LIABILITf C 7 BUSINESS AUTO C ] Owned [ 7 H i red 7 Non-Cwned INSURED: BREVAP—D BAPTIST ASSOCIATION INC 4235 US HIGHWAY 1 ROCKLEOGE, -L 32455-5312 1 POLICY ( POLICY 1 EI CF. UA L I LXP. CATs V5 -1V-08 ( V5 -1V -V9 i f ( ( ( LIMITS OF LIABILITY 1 l*LIMITS AT INrCDTrn� 1 1 I Any One I Occurrence_....... 3 1,000,000 ' i I 1 j Any One Person/Org ; I,OOO,OCO i 1 1 ANY ONE PERSON .-----.---- $ 5,000 j ( Any One Fire or Exp l os --on i i^uD, Dt^0 1 ( 1 j General Aggregate* .._.... S 1,0000,000 j ( Prod/Comp Ops Aggregate* . S 1,00"0,000 j 1 I ( ( Boaiiy Injury 1 (Each Person) s I 1 (Each Accident) 3 1 1 Property Damage j i (Each Accident) b ( Combined Single Limit .... S EXCESS LIABILITY 177 -CU -545492-3002 05-10-08 i 05-10-09 ( Each Occurrence .......... 5 1,000,000 1 I Nationwide ( ( ProdiCornp Ops/Disease j iX] Umbrella Form j Insurance Ce. ( 1 Aggregate* b 1,000,000 1 1 77 -WC -546492-0003 05-I0-08 1 05-10-09 I STATUTORY LIMITS 1 I CX] Workers' 1 Nationwide I I j BODILY INJURY/ACCIOEN'T I Compensation 1 Mutual ! 1 Bodily Injury by Disease I 1 and 1 insurance Co. 1 1 I EACH EMPLOYEE .......... s 100,000 1 I [X] Employers' i 1 ( 1 Bodily Injury by Disease Liability i ( 1 POLICY LIMIT __-----_. -- Should any of the above described policies be cancelled before the DESCRIPTION OF OPEP,ATIONS/LOCATIONS expiration date, the insurance company will endeavor to mail 30 days VEHICLES/RESTRICTIONS/SPECIAL ITEMS written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation: or liability upon! the company, its agents, or represertatives. c Effective Date of Certificate: 05-10-2008 Authorized Representative; Susar A Petrucci Date Certiricate Issued: 10-29-2008 Countersigned at; 1199 S US Hwy 1 Suite 10 Rockledge, FL 32955 'C.as Consumer's Certificate pf Exemption Issued Pursuant to Chapter 212, Flotfda Statutes DE►ARTMENT Di REVENUE _ 85.801261779OC-6 07/20/2004 07/31/2009 certificate Number Eftocbve Date expiration Date This certifies that k�R BREVARD BAPTIST ASSOCIATION 4235 US HIGHWAY t ' ROCKLEDGE FL 32955-5312 it Vk p Nf4 is exempt from the payment of Florida sales and use t :x on real property rented, transient rerl n ,or/ s + ennr- __ :. r•+yam Important Information for Exempt Organizations DEMRTMENT OF REVENUE DR -14 R. 01/02 E 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.039, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. r 4. This exemption applies only to purchases your organization makes. The sale or lease to others. by your organization of tangible personal property, sleeping accommodations or other,real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from tnts requirement except wnen uiE^" :8 we lessor or rear property (HWe^I A 1.U/U. rpt;). •x 5._ It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. It 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100. MUS 1J Cuuo s -0-82 •-i ..J u, �.o�+c a�a„o.. c, of CAP}; CAN:Ar,&4.L CG.E y .o any one person for hcdiiy jr-jury ar othervn e, plus $26,000.00 darn.age to pmp- erty, and for not less than $500,00(}.06 for dapzages incur -red or claimed by more than one person for bodily injury or otherwise, pais $50,000.00 far damages to., --property. The original or duplicate of such_polic" Shall' he attached to the applicatio�rftlr� �'ec�ial ���-r outdoor entertainment Per'AfMogether with adequate evidence that the'prerourns are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage sped - fed in subsection (9) of this section- (Ord- Vo. 2=-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10.63. Fee. The city council shalt assess, upon the filing of the application for an outdoor entertainment permit, a minimwa nonrefundable fee per day es- tablished by resolution of the city council and set forte in appendix B to this Code. ,Ord. No. 23-92, § 1 '729.A-), 12-1-92; See. 10-64. Cash cleanup bond. Azy perscr: holding a special outdoor entertain - meat permit shall deposit with the city treasurer a cash bond in the amaant of $500.00. The cash bond shall be for the e:cpense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertaiament event or by the holder of the perm^ -it or his agents, employees or ccr-trac- tors. The cash bond shall be returned to the holder of the per-.iit upon certification by the city mar -- ager that all debris, paper, litter or trash has been remcved from the premises on :which the outdoor enter:ain._�_e= event was held within 24 hot;. -s isorz the desrgnar-ea conclusion time of the out. door enterra moment event and that no damage has been come to the streets, sewers, structures, trees oc 1 -ooa- 1 C:C-t and shnrbbery on auch premises or ere adloinirg property_ Upon failure of the holde_ of t^e pera2it to complete s�sch clean"ip or repair ssca damage wr'tlt n the 24-hour time perms, the city sh all ha,, e the right to forthwith take sueh corrective acne. as it may deem necessary and to deduct the cost of clear-upar repair ,from the a-maunt ct' the cash Cleanup bond. : (Ord_ Nc. 23-92, § 1(729.06,, 12-1-92) Secs. 14-85-14-85, Reserved, IV. ADULT ENTERTA N-NaI 1-T* DMSIO. L GENERALLY See. IG -A$, DeflMdons. The follo words, terms and p*ases, when used in this e, shall have theJmeanings as- cribed to them ' this section, pt where the context clearly in `es a differ t meaning - Adult arcade imean an es Ushment where, for any form of conside on, 2 e or more motior. picot.-�e prajecters, slide JeFtors or similar ma. chines for viewing by five I fewer persons each are used to shcsw films, me tips pictures, video cas. settes, slides or other photd hic reproductions which are characterized bi amp sis upon the de. piction or description of specified xual activities or specified anatomical areas- For purposes of this article, adult arcade is includ within the definition of adult motion picture the ter_ Adult bookstore rn�rs a place that s ' or or. fern for sale, for any/form of consideratio adult materials, the gross sale of which „epresen :ore than ten percent oFle dross sales of the pl or that comprises ingfe than ten percent ofthe " i- vidual item it {$splays on the premises as i 'Crossreferences—Cada anf�rreraeat. $ �-2to et sem_; reg. elatiaas ngardinIW' nudity on alcohoRt beveragE aQ+alzlislz- ; men: Premises. 1 S-27; of Mic auditp pmhihitee. $ 51-,; national liar.:e w—, $ 70.66 et —q-- mtsiza-, ch iif: dui, ente tal=ent weatlisElmeats permitted by special cccentioa in tha �i-I light indvatrial sad research and deve?opmem- trict, $ IID -354. CD10:6 p. e NUS 1J CUUi7 0: Jbil l -i ul l_. UT l.d�JC l.dfldV CC'd1 JC1 `CfbiS-1CC4 AIA' SF__Nf:-:NiS :u':; _^,'FT�Ri_�_ division o health in the sarita2-y code of the stare shall be considered as minimum reauureir-ents. For the jiu poses of :.Uis cP- t cle, part M chap ter 0-D-25, ean-luding sec- +-Crls 20.077, 23.078, 2..079, 25,080, of the Florida Administrative Code and any suc- ceed mg rule, regulaticn or law shall, be con- sidered speci_zcally 2pplicable to the aper. anion of an outdoor entertainment event. In evaluating :he plans, the council shall also consider the applicability of F.S. ch. 386, part 1, and such other provisions of law, the sa.ritary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2; An adegrsate geographic description and scale map or plan of the festival site showing the location of al required facili- ties, including adequate traTLc control and parking facilities outside the performance area Such pians shah provide for at least one parlang space for every five patrons ar-d for safe transportation of the patrons 'ram the parking area to the performance area- No motor vehicle shall be permitted outside the designated parking area., ex. cept wheh necessary to ensurer compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician 3i- ce:ised in this state on duty at alt tunes for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, ccs replete and sterile supply of med- icines, bandages, medical eom-ocunds, med- ical instruments, serums, tape and such other supplies as are necessary to heat ad- verse drug reactions, cuts, bruises, abra- sions, bites, `.sactures,-infections and ather injuries commonly connected with such aut- aoar act nes. An adequate pier. :or internal security, traMIC Cont -_01' cazr.municatioas, are protec- tion and emergency services, including arn- bular..ce service, in and around time even: area. Such -plan shall provide for at least one person professionally trained ire secu. GD1:G-5 P- 5 ritj and traffic control on di::�y at all ti=es for every 300 payors, nth no security per- 0nrlel working more than ane eight-j:cu:, SWt ir. any 24-haur period. The p?aTt sh.11 into=lade a detailed desc_-iptian GE the plar_ of sec+srity, traffic control, con 2unicaticr.s, fire protection and emerge?rCy servic=s, in- ciudi-rg arnbuTanm se= -,rice, to to used and hew it is to beiruplernented, and a detailed background on the trakiing and ability o: the personnel to be used b imnlenr--ening such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor eatartail hent event, including the names of all persons with a direct or indirect nnancial interest in the staging. Promoting or oanducting of such event, -whether such interest be by virtue of ownership in arty entity staging, prasaating or ccsaducting such event, stairs as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who until perform at the outdcor entertainment event and executed copies of 8U contracts or agree- ments with such persons or groups. (7) The amnes of all persons who will, provide Products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persoas. (8) The exact date and tizne of c zanancemant and the exact date aad time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.rn_ or enc after 10:00 n.m. (9) A. written P blic liability L-isurannce policy inam:ing the person staging, promoting or conductingthe autdccr er terta i -,T, entevent e��ainst asst' and all claims and demands made by any person for injunas received in c0nn,ecticn with the staging, pronating, con- ducting ar aftendamce of or at the outdoor entertairmeat event, written within limits- of imitsof not less than $300,0OO.00 damage or im- hug i a cuurj n. own„ § 0-4c" 1.16-1 ur uar+C i.cr icv Cr-cjt CAP;—' C-QN?.j_rR.AL CO -E ticipat'i2''_c in, viewing, O' n'- watching cr as- tenin,- to enterni=ent which ^=sists Of Z&.usica encu_ors, sporting contests or events, festivals cr othst enterta.i-r-ment not conducted �� a completely enclosed st-ructure- (Orci. oto. 23-92, § 1(729:01), I2-I•G2) Cross refarcnce—Dei:nffiar s sad rules of ccastrscao� s n- erally, Sec. 10-47. Compliance with other jaws. The staging, promoti. ;g or conducting of an out- door entertainment event gluW be in full and cosn- plete compliance with alt zoaingandlard tse Iaws in subpart B of this Code, beverage license lags and other laws, ordinances and regulations aIIp Ii - cable to the city, (Ord. No. 23-92, § 1(729.04), 12-1-92} Sec. 10-48. Penalties for violations_ (a) Any person who violates, disabeys, omits, negiects or refuses to comply with, or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided hyseetion 1-15. (b) The city council may revoke the special out, door ente"tainment peTli]i* grantee{ and shall iIG- mediately notiJ& the city trevzurer to revoke a.= - occupational license upon the occurrence of any violation of this article, (Ord. No. 23-92, § 1(729.07), I2-1-92) Sec. 10-49. Occupational license reguire4i it shall be unlavdful for any persons to stage, prornote or conduct any a;tdoor entertainment event is the city unless he shall have secured an occupational license as provided for in section ^, 0.89, which occupational license shall be issued only atter issuance OF the special entertainment permit by the city council. COrd. No. 23-92, § IC729.02), 12 i-92) Croat :eferenee-0-: Patio: al UL --rise caxe!%� Sec, 10-50. Exceptions. fi+ e city cou--cil shall Have the right to waive the annli� iy ar-d r_eeessity of any of the sec. tions cf i ii s a -tic e to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promotad by a nonproRt organization, asso- CD10:- oC 1 -tions- ciao or flr group 7i such autdoar enter�ainzaent event of such organization, asscc atzcn or groan Has beau sanctioned ar a uroved by _ I. Su;.n saa�ian and p P_ the co�.�,- approval of an outdoor enter. ta.inmert event promoted vy such Organization, association or group shat be based upin a auS cient sho axing that the sections -,waived dealing with the health, sahaty and welfare of taoz - attendance, as well as the general pubin lic, have been otherwise Provided for as required by the applicable standards set forth in this article. (Ord- No. 23-92, § 1(729.08), I2 -I-94) Sees. 10-51—IMO- Reserved. DIVISION 2. PERPUT Sec. 10.61. Required, Any perscsa desiring to stage, promote or con- duct any outdoor enterrt iZiment event within the corporate limits of the city shall fir= secure a special entertainment permit from the city council. (Ord No. 23-92, § 1C729.03W), 12-1-92) Sec- 1042, Application, An apPlicatloa for a special outdoor enntertain- rnent permit shall be submitted in writing to the city council 4n forms provided for this Purpose at least 45 dans is advance of the date of commence- ment of the outdoor entertainment evert for -which the permit is requested, in order to permit the council to evaluate the application in an order, y and expeditious manner. The application shall con- tain the pians, documents and information speci- fied in this Section. No permit shall be issued by the council until receipt and approval of all plans: docu-nems and irSormation amd until the followtig minimum conditions are met ar such higher can- ditions as required by the council upon_ a review o any unique problerms contained in the plans, doc- uments and in.& --oration are met: (1? Adequate plans for site cons;,ructsoa, sari. tatian facilities, sewage disposal, aarba,ge and refuse d`Sposal, drainage, -Podlight ng 'I'-ening darkness, i sect end rodent control. water supply and food sErvice_ ?or tae p'M-- poses of evaluating such pians, the stan- dards established by the rales of the S tate p.4 hug 13 euub b: JnHM Litt' of Uape Uanaveral jet _HbH_1ee4 �'•:Z;,-S�:'4E���1:�D �vi_.�aT?1�•=ds�TS ARTICLE L Di GE -NE AL Less. 10-1-10-25. Reserved, CLE IL AM USEATEN T D C Oi?E Sec. IN26. Adopted. (a` The�S-landard Amusement D�vice Code, 1985 editic , published by the South rn Building Cade Co -n s International, Inc., ' adopted by eference as ough it were come fully in this a_ticie. (b; Whenev, the term "a ministrative authority„ or "off sial" is used in he aiau.semeat device code adapte i>c this sectio , it shag be con- strued to mean the uildiug ofii iai of the city or his authorized rear entative_ [c) Any person w shall 11 _a - to comply, with ttt code tion or who shall viol or any order or regulatic adopted in -this section o la tion of any detailed sta or plans submitted and ap o or any certificate or" s shall., for each and every ccmpliance, respective) be Li section 1-15. (Code 1981, s,§ 628.01 628.0: late or who shall Opted in this sec - ail to comply with ie under the code shall build in vio- nt or specifications ed under such code ed under such code violation and non- nished as provided Sec. 10-27. Amen eats, The amusement .ce code opted in section 1'J-26 =_s amended follows_ (li Sectzarz 1IO8 1 i.s amended to r ' as follows= npointra m" There is herab established a board t be called the constrz tion board of adj,� st ens and appeaL=, whi=h hail con- sist of ve memhe:s. Tire board haU be apecir- d by the cisy council. Sec: Q 1032 is er+eed ta: d as fo ows: 108.2 �ier:�bers.:ip and Teams. "'Crow ref ence—Cod& enforcerner- ,s 2-245 e: aeq. -08.2.1. i+Iembershiu. Mer suction board of ad ustr_ shcuid be coZlpcsed of i owledge and �2rierce c as, Such as design profe, tcz or b,.rTlding indua_t,-y, A be d member shall not which he has a perscnal° teres t_ 108.2-2 rrn, board m er date of appo any memher board shalt a council, render irnmediate rers 108.2.3 Secrete official or desig the board and s of all ofits pro p.3 'oers L-_4 ar<d appezw c, -;r- ia7s vritll tl-e tionals, cant:�c- 6pre=entatives, act is a case ir or fines .sial in - T, t of of ace of a-,zal< two year from the aero. ntinued absence of om r Iizired meetings or the 'scretion of the city Ch member subject to v from office. y o Board. The building sh act as secretary of 'all a detailed record et forth the reasons fa i decision, e�e of each member, the bsence of a m ben and any failure Of 8 ember to vote. (3) Section �4 .3 is amended to re as follows: 108-3 Q rest and voting- A si pie r.-na- jority the board shall cons 'cuts e Secs. 10-2410-45. Reserved, F TICLE M. OUTDOOR ENTERTAIN NX ,NTT DIVISION 1. GENERAL_ y Sec. 10-46. Definitions. the follQ-,ving wards, ter ma and phrases: w7ae-1 used n this article, shy have the rnaarik:gs as- cribed to them in this seedan, except where t�_a ccnte-r: clearly indicates a di`ferent meas-zir_g, Llior enterycirunen: even its means any ga��- ering of groups or persons for the: pulrpoae os pa: - f Crossreierenc°�—Cela ezlaresment, § 2-246 e, sea.. Harts and reere=:iea, ch_ 54; st:rets, sidewalk- ar_d otharc:ub_Sc places, ch_ 66: bLilMings and FxuEdiag reg lerons, cit. 82; zomag ch_ 110. CID Revised 03-22-07 1. MSURANCE A written public liability insurance policy insuring the entertainment event against any and all claims and demands person staging, promoting or conducting the outdoormade by any person for injuries received in connection With the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in to any one person for bodily injury or otherwise, plus $25,000 .00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more them one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall premiums are paid. be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the Name of Insurance Co: Poliev No: Expiration Daie: R. PROMQTIONAL AUTHORIZATIOV Permittee authorizes the City of Cape Cmtmveral to utilize Permittee's narne and project for pufsiie relation purposes and other media related purposes. IIi_ EXPENSMFEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as requiredby the Cit}' of Cape Canaveral. Iv_ "a"PTIONS Non-profit organizaricm may seek a waiver of any Of the outdoor entertainment code requiremetits if the sections waived dealing with the health, safety and welfare of those in attendance,as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Date Applicant or Representative/Title Approved by City cf Cape Canaveral Citv Represen-�ative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact; City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polls Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Space Coast Seafarers Ministry Walk For Bibles February 7, 2009 Instructions: Leave Seafarers Ministry and walk north on N. Atlantic until you reach the intersection at George King. Turn left and continue west on George King to Flounder. Turn right and follow Flounder until you Reach Glen Cheek Blvd. Follow Glen Cheek until you reach the turn around cones in the parking lot across the street from the "Miss Canaveral" Fishing boat. Return to the Seafarers Ministry. *Please stay on the sidewalks *Cross streets at crosswalks only *Water will be available the Seafarers Ministry Hospitality Center and at the cone markers at the turn around (across the street from the "Miss Canaveral" fishing boat). • There will be a card table and chairs and garbage cans at each refreshment site. 1 Q 1 Hug ---LJ cfuuzj M:0z)"M UIL"I or )...ape (-anaver-aj J� 1 P. I Revised 03-21-4-01, CITY OF CAPE CANIAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant r Name of Applicant Title: Firm: Address."I Telephone: FAX: Local Contact: Title: i 1-I Local Address (ff different fimn above) Type of EvetLt: I k Will Alcoholic Beverages Be Sened an, ,he prw"es? YES NO Event Date(s) in Cape Canaveral:_ Location(s): 'Date(s) 'i Time 2 7 Time Attach map(s) indicating event area and designated parking area& =raffic Control Use of PoUmTire Rescue Equipment --Street Closing -Vehicles/Equipment on Beach �Other E:Vehirle Parldng on City Property Specify: If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location- Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. BY signing this application, the applicant acknowledges and agrees to the following provisions: MUG 3 10-S2 CA?E GA_\W73tZ4L CC , E Ju -7v o any one person for bcdily injTary 02- otherwise, rotherwise, glues $25,000.00 damage to pmp- erty, and for not less than �500,00C).00 for aa4nages i^c'jx c --d or claimed by mora then one person far bodilly injury or otherwise, Plus $50,00.0.00 far damages io propez-iy- The original or duplicate of such_p64c�_sha he attached to the applicatiotkO al outdoor entertahmient per,410- gither with adequate evidence that the premiums are paid. (10; Such additional conditions, criteria or de- tailed specifications for the special enter. tainment permit established by resolution of the city council as the count.l may, deem necessary to cant' out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage m addition to the amounts and types of coverage sped - fed in subsection (9; of this section- (Ord- No. 2E-92, § 1(729-03(B)), 12-1-92, Ord. No. 8-94, § 1, 2-1-94) Sec. 10.63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forte in appendix B to this Code - (Ord. No. 23-92, § 1;729-05), 12-1-92; Sec. 10-64. Cash cleanup bond. .Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amus= of $500.00. The cash bond shall be for the a3Tense of cleaning up any debris,_ paper, litter or trash left by the patrons at the autdoor entertainment event or by the holder of the pe, --mit or his agents, employees or ccntrac- tors_ The cash bond shzIlbe returned to the holder c the per:ait upon certification by the City man - agar that all uebris, paper, Etter or trash has beer, removed i;= the premises on which the outdoor entertaia ent event was held within 24 hours from the designated corrlusio i time of the out- door ern_--rsa nment even-, and that no damage has been cone to the streets. Sewers, structures, trees J c t- 0 0 0- I C C-, and shnibbery on such Premises or tike auiornirg pro?aerty. Upon failure of tine holder of the permit to ccmP:ete s=seh clew n'LIP or repair H ca damage yr _ti .a the 24-hour time period, the city shall have the right to f0--th1vith take such correcti,e acticn as it may deem necessary and to deduct the cost of Cleanup or repair ;from ti -,e a.'aunt cf the cash Cleanup bond. 2;�r ;Ord. INC. 23-92, § 1(729.06), l2 s-92) Secs. 10-95-10-85. Reserved. f F IV. ADULT E2gTBRTA N-IV�7T*. i DIVISION L OF,_NFRAI:LF Sec. 14-5 DeSnftions. The follo words, terms and p' , when used in this e, shall have the�rzeanings as- crzbed to them ' this sect%on, pt where the context clearly in tw a dif&roxt meaning - Adult arcade mean an es lishment where, for any form of canside on, f e or, more motior picture projecters, slirle le rs or similar ma- chines for viewing by five fewer persons each are used to show Lima, mats A pictures, video cas. setter, slides or other photd hie reproductions which are characterized b� arnp sir open the de- pietion or description of 90ecified xual activities or specified anatomical areas_ For purposes of this article, adult arcade is inrlud within Erne definition of adult radon picture the ter_ Admit bookstore metes a piece that s ' or of- fers f fers for sale, for any,�'form of wnsideratio adult materials, the gross 'sale of which represe-n _ore than ten percent oFle gzoss sales of the PI or that comprises mote than ten percent of the ' i- vidual iter_.s it (iispl.ays on the premises a i *Cross refereaaea—Coda enforcement, 4 2-W et sem_; ser. Elation regardinv nudity on Alcoholic beverage establisII1- a:en t premises. $ 9-2 of blia nudity prohibited $ 30-„ xa_ etatioaat lixrse .sem, § 7fLc& at seed; carting, c�L iIC- adAult entertainment ea;,.ai lish=-eats permitted V special e:rcertion in the M# 1 light industrial and research and development-cis- trict, $ 113.354. CDlO:b P. e HUg I CUUt1 ti: Jbr1m L1L`,J' or "ape Lanaver-al JC1--tSbU-1Ceg division o Waal tan in the s&r, i tang code of tgo skate shah be considarred as mLnimum ,- rea_'rirernen. tar e puTpo3 cf hl, cr- t c e, part 7V, chanterIOD-25, e filuding sFc- tions 25.077, 23.07$, 25.079, 25.080, of the Florida Administrative Code and any suc- cee& rnI_ regulation cr law shall be con- sidered spacifica.11y applicable to the oper- ation of an outdoor entertainment went- In evaluating tae plans, the council shall also consider the appI.icability of F.S_ ch. 886, part I, and such other provisions of law, the sar-ita:y code or local ordinances as it may deem necessary in the interests of the public health and welfare - (2} An adequate geographic description and scale map or plan of the Festival site sEowing the location of aa? required facili- ties, including adequate traffic control and parking facilities outside the performance area Such plans shah provide for at least one parkiag space for every five patrons anal for safe transportation of the patrons from the parsing area to the performance area_ No motor vehicle shall be perraitted outside the designated parking area, ex• cepa when necessary to ensures compliance with this azticle. f31 An adequase plan. for medical facilities. There shall be provided one physician Ii- censed in this state on duty at alt times for every 2,000 patrons, one nurse licensed in this state on dutt• at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- i6nes, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessar-y to treat ad- verse drug reactions, eats, bruises, abra- sions, bites, fractures, infections and other injuries commonly cormected R-ith such out- C_Cor aetivildes. t -An adequate plan :or internal security. tra.MIc cont_ Oi, consniinicatioris, fire protec- tion and emergency services, including arn- bularce service. in and aratmd &-a event area. Such plan shall provide for at least orae person professionally trained jr. secu- CD IC:5 p.,5 4 IC -52 L.i _f and traffic control on du,,_y 3t all tzlaes for every 500 pat --ons, with no sec_,rity per- sonnel -working more th2-n Ghe eight-t�Ct� Shift ir. any 24-hour perice The pian sal ir`c'ude a detailed descziYtien of the plar_ of seaarity, tra_fsc control, cora zuniceticr.s. fire protection and emergency services, clutding ambulance se± nice, to he used and how it is to be irnplementec, and a detailed background on tae training and ah-uli:t, of the personnel to be used in irr-plerr-en" such pian. M A full and complete disclosure of the finan- cial backing of the outdoor eaterta Ixtient event, indludiag the names of all persons with a direct or indirect financial interest in the staging, promoting or cenducting of such event, whether such interest be by virtue of ownership in any entity staging, prosrtoting or conducting such event, stains as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of allpersons or groups who wj; l perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups_ (7) The Warnes of all persons who will provide products, materials or services, other than entertainment, to cr at the outdoor enter- carument event and executed copies of all contracts or agreements with such persons. (8) The enact date and time of car-snancerne- and the exact date and time of the conclu- sion of the outdoor entertainment event. ;,lo event shall begin before 10:00 a.rn- or end ac"ter 10:00 n -m- (9) A written public liability insurance policy inaur_-ng the person staging, promoting or conduetingthe outdoor entertai-mm ent event aoai>rst any and all claims and demands Made bg any person for injur=es received in connection with the staging, Frr cmoting, con- ducting or attenda,ace of or st the oa:tdoo: entertainment event, written wither Iirnits of sot less than $300,000.00 damage or in - Hut l .] GUUty 0; 0z)r I -I 3 :0-4c" L-14-�j or "ave k.anavera1 ticipating in, view ng, a' n,- watching or iis- tzn r_g+.o entes-u,inment which xnsis� of musical rendition,, sporzi...g conte9ts or events, festivals cr other entertaL=ernt not, Conducted *,hin a com.;iet�--ly enclosed srucrure- (Ord. bio. 23-92, § 1(,28:01), 12-1.92) Crossrsference—Dadnificrs sad rules cicaxu^tricd0tt 6n_ Sec. n - Sec. 10-47. Compliance with other Iaws. The sing, promo bzg or conducting of an out - doe r entertainment event shall be in FSI and com- plete compliance with all zoriing and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli- cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violates, discbey3, omits, neglects or refuses W comply with or who resists the enforcement of any of the sections of this ar- ticle shia]_i be punished as provided bysection ---15. X The city council may revoke the mal out- door entertainment permit granted and shalt in, mediately notify the city treasurer to revoke any occupational license upon the occurrence of anv violation of this article, (Ord. No. 23-92, § 1(729.07), 12_1-92) Sec. 10-49. Occupational license required, it shall be unlawful f.r any person_ to stage, promote or conduct anv outdoor entertainment event in the city unless he sha11 have secured an occupational license as provided for in section 70-89, which cocupational license shall be issued cnly after issuance of the special entertainment permit by tr_e city council. (Ord. No. 23-92, § 1C729.02), 12-1-92) Cross reference-0,'Su7atic:.51 license caxe$ 3 -o-8E_ Sec. 10-50. Exceptions. the city cou^_cil shall have the right to waive the apulical-il=ty ar_d necessity of any of the sec, tions cF i is aa-ric?e tc any outdoor entertainalw-jt event sponsared by the recraatienat boards eamb- lished by the city or any outdoor enntertai:n_+neni event promoted by a norlprofic argpn4��tion, asso- CD T0:= .RC1.-tibb-1LG4 ciao oz or 9:o4p if such antdoor entertainment event of such oration, a_accrztcn or group ha.: beau sanctioned 01 approved by the muncii. Bucn sa*l:tion and approval of an outdoor entzr- tainment event promoted by such organizatior,. association or group shat be based upon a su;Fr' tient showing that the sections :waived dealin with. the health, safety and welfare of those ig n attendance, as well as the general public, have been otaer-mise pre<•,rided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), I2-1-92) Sens- 10-51-10<90. 1R,eseuved. DlXgSION 2. PERmiT Sec. 10.61, Required. Any person desiring to stage, promote or con- duct any outdoor entertahiment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 28-92. § 1729.03(m), 12-I 321 Sec- 10-82. Application. An application for a special outdoor entertain- ment permit shall be subnzitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the dais of wmmeuce- ment of the outdoor entertairlment evert Eorwhch the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. 'Me application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issu, d by the council until receipt and approval of all pians, docu-rcerts and in&rmation and until the folloWL--ig minimum conditions are met or such higher con- ditions as required by the council upon a review o' any unique problems contained in the plans, doc- uments and inEormatioA are rnet: Adequate plans for site construct=oa, sani- tation facilities, sewage dispoaal, garbage and refuse disposal, drainage, floodligl Lng during darkness, insect and rodent cantrcl. wager Supply and food service- o- the p zl- poses Of evaluating such plans, the sLar_- dards established by the rules of the state p.4 Hug 1J cuuzi U:JnHM uizy of cape uanaverai ;jGl-EibEi-1��4 _' _ ;SE_dc:_Y'77S�-- h:�D 2� i_2$iAlI•:vi.NTS ARTICLE I. 12N GENNERAL Secs. Reserved. II. AMCiSE112EN-T ConE= Sec. 1". Adopted. ia1 The Standard Amusement D�vice Cede, 1385 e?L�ir, , published by the South rn Building Code Conga s Internation--eI, Inc., ' adopted by reference as eugh it were copie fully in this a_ -cle_ l ib} Whenev_ the terrr, "a ministrative authority" or " cial" is used in he amusement device code adapte in this sectio , it shah be can- sLrued to mean the uiI,din9 af& ial of the city or h s a=uthorized repr ent3tive_ `cJ Any person wF shall ' late or who shall `a I to carnplywith th code opted in this sec- tion or who shall vial or aiI to comply with any order or regulatio de under the code adopted in -this section o o shall build in vio- lation of any detaile, std ent or specifications or plans submitted and ap roved under such code or any certificate orp sued under such code shat;., for each and every s violation and non- compliance, respective) be unshed as provided in section 1-15. (Code 1681, §§ 628.01 628.0 Sec. 10-27. Amen eras. The amusement 'ce code opted in section ID -26 =_s amended fellows_ 11 Sectaarz lcs 1 is amended to r d as follows: Al npointrn n;.. There is hereb established a hca-c t be called he const: l tia?z boss of acj4si ant and appeal• 4vhi:h hail cor_- sist 4f ve cnembe s_ The board hall be apeoin d by the city council. (''t Sec: o iGr32 iseneed to:ead ss fo ews: 1 o8.2 �Sern ber_;�ip and Terms. "Cross ref ecce—Gka enfercer.-er,� � ?-?43 e- aeq- `j :0'8.2.-1 2"yleinber-s:ai-0. Me struction board of a_&ust shculd be co�lpesed of . owletige a d exrerie*ce CC es, such as design pi cfes to or b- .iilding indu,- t_�y A to d member shall nc which _e has a cerscnaf teresL 108.2.2 rrns boardm er date of appo any n mher board shall, a council, render immediate red 108.2-3 Secreta o]Mcial or desig the board and s Of all of its pro p.3 5 az:aefs of the co:l- `mer� and appez i_, m dT:a�s with the ech.-'.iCL: kionals, contrzc- epresenratives, act is a case ir or fu=a:.cial in- t: of office of ti:e two yearE from the anent. r -tinned absence of :ram r quired meetings of the iscretion of the city ch member subject to ov from office. a Board. The builn i r. g a sh act as secretary of afl a detailed record eKabilnW9S, w ' a shall set forty the reasons Eo its decision, he vote of each member, the bsence of am ber and any failure of a ember to vote. (3) Secttors 10 amended to re as foIlovrs: 108.3 Q arum and voting. A si ple na- Jarity tlxe board shall cons 'tote a Secs, 10-2810-45. Reserved, Ax ITGLE III. OUTDOOR ENTERTA,IIq1EPNTt DINTSION 1. GENERALLY Sec. 10-46. Definitions. The r"ollawing words, terms and phrases- «zen used :n this article, shall have the rnaari.-igs as- cribed to thent in this secttiiaa, except where the ccntexi dearly indicates a d' tereac meanirs Ota �ODT e7iterainment events mear_s any ga&.- ering of groups or persons for the pur;-ose of par- t,C—s refereac.s—Cade e-srarument, § 7-24c paries and recreation, cz. U; streets, sidewalk-- &^.d of;,rzjb_:_ places, ch- 66- buildings ar.d buildinz rez_ict=ons, ch. 9z. CL1Q:S I—fl — � — --r.- -a-- al ocl moo-icc-r p_?- Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person taging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any One person for bodily injury or otherwise, plus ,25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one persoar for bodily injury or otherwise; plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Policy No. Expiration Dale: 11 PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Pmmittee's name and project for public relation purposes and other media related purposes. III. EXPENSESlFEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. 1V_ EXENIPTI<ONS Non-profit organizations may seek a waiver of any of+Ae outdoor entertainment code requirements if the sections waived dealing with the health, safety and weLfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Applicant or Represeatative/Title Approved by City of Cape Canaveral: City Represen-�ative's Name: - Title : ame:Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event wither, the City of Cape Canaveral. For further information, please contact City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cage Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 FROM P<, t r r r<_c_ R..1<,r a<_y ( WED? OCT 23 2008 1 1 : l 3/ST _ 1 l 1 2IN<>_ 7533741 227 P 2 __. i A E Gi _h t R 1- The company indicated velrnw certifies that the --nsLj,=,ce atforned by the polli.cY ,ir policies numbered and desc&Wd below is in Fore as of tie e; N_t4e dee of .inti=eri_r,"i_n N. Trl,� •Cr_ii at_nte. U� Insurance noes not amend, extend, or otherwise a -iter _he Terms ;Orr, __ Ttiprs n{ ins-uram-P coverage contained_ in any policy, r--imbered and described he n4v. CERTIFICATE Nr IDER: .,_Tv OF CAPE CANA EF AL 105 POLY AVENUE CAPE CANAVEIRA' , !-_ 32920 !NSURED. Rri,EVARD 80TIST ASSKIAT1Ct;N INC 4DS US S-iTG-FJWY RCCKLEDGE, 7L 32955-5312 AUTOMOBILE LIAB Li --Y 1 SUSINESS AUTO J Owned Hired I j Non-Avned M ly Vary ).tach Person) .......... $ ;.Each Accident) ........ $ rOpertp amage (Each Accident) ........ $ :eminec Sirgie Limit .... $ 1,000,000 1,000,000 5,1;,0110 IOD, DDD 1.000,000 1.DUU, 000 EXCESS i.-TAPTLITY 77- U-5AF492-3002 05-10-0? O5 -!,U -G9 Each Occurrence .._....... $ I.ODO,000 j Natirnwilr P-^-.Vcomp O7s;Disease X1 ilmbrglld Fnrnt I shins, Cc { i Aggregate* ......... $ 7.,DDD.DCfl 77-WC-�545e92-O 03 7v41C- NUMBER _ PO CY i -01-10 1 Ali LITV OF T. Yn E OF 1YCUE ISSUING SSUINU CU EFF. DAT. 'EVD, DATE r-, lrjur_y by Disease and .riMC O i [XI Employers IMTTS AT INCEPTION) t i or;'::iy Trfury by Disease � L1BI::TV LIABILITY T7-PR=5YtAl7C _J0 02 5 -,. _0C 1 0S 110 019 1 1 IVXD Liability :_u NATIONWIDE A,lthrpr ed Representative; Srusar .4 Any rnE Occurrence.....- S 1199 c i - Medicd� c_x-Jcn�e j uuT L FIRF wiuAL �,r.= a E r � �XJ rersUrldl l drIL1 i IiV aURN l'11.0 1.O. i Any One fir; JUn/Uf ...... .D Advertising injury j L'X] Medical Expenses ANY ONE PERSON ........... :I (,XI `ire Legal, I Any One F'r'e or EX;:tiGsiofi LiabliKy j Gent!ral Aggreg tt* ....... $ Prod/Comp Ops Aggregdi@� $ Other L;abiiity j AUTOMOBILE LIAB Li --Y 1 SUSINESS AUTO J Owned Hired I j Non-Avned M ly Vary ).tach Person) .......... $ ;.Each Accident) ........ $ rOpertp amage (Each Accident) ........ $ :eminec Sirgie Limit .... $ 1,000,000 1,000,000 5,1;,0110 IOD, DDD 1.000,000 1.DUU, 000 EXCESS i.-TAPTLITY 77- U-5AF492-3002 05-10-0? O5 -!,U -G9 Each Occurrence .._....... $ I.ODO,000 j Natirnwilr P-^-.Vcomp O7s;Disease X1 ilmbrglld Fnrnt I shins, Cc { i Aggregate* ......... $ 7.,DDD.DCfl Should any of the above Cescribed policies be 77-WC-�545e92-O 03 05-10-08 1 C5-110-Dq i STATUTORY LIMITS LX] ,Workers' ' Ndtinnwide ROCTLY th URY/ACCi1FNT --. S 100._000 1 j ^on pe n s .1 t r n i Mutua ! 8:wIlly lrjur_y by Disease and ;nsLtrance C? f i EACH EMPLOYEE .......... $ 1001000 I [XI Employers i or;'::iy Trfury by Disease � Liability I POLICY -IMTT------ 500,000 Should any of the above Cescribed policies be ren ellec baforr- t,ie DESCRIPTION OF OPEP.A-TIONS/LOCATIONS expirdtion date, the insurance Company wi-' en'_ieavor t.1,; ^tai'' 30 days VEHICLES/RESTRICTIONS/SPECIAL ITEMS written notice to the above named r er , ., ate `„drier, 3ut Fa'; i.frp to M'' such no'is'e Shat] DOSe sin 007-.9d'1011- C-1-la0`]1tY upon the mmpany, il}S agents, Cr represutatives. L Effect've Date ; ei L ire. 05 1() 2 08 A,lthrpr ed Representative; Srusar .4 Petrucci Date Certificate Iss,ied• ?^-?9-2008 CoUr eSigned at: 1199 c US Hwv 1 Suite 10 R,ckledae. FL 32955 ,:'DSAS Consumer's Certificate Qf Exemption ! Issued Pursuant to C:hapier 212, Flohda Statutes DE►ARTMENT Df REVENU[ 85-80126177900-6 07/20/2004 Ceertifcate Number Effoctive Date This certifies that BREVARD BAPTIST ASSOCIATION 4235 US HIGHWAY 1 ROCKLEDGE FL 32955-5312 is exempt from the payment of Florida sales and use ti:x persDnal pm^er*i nur^.ha:>—,_, ')t' 'own -• a.1nr w I. .- , DR -14 R. 01/02 Important Information for Exempt Organizations DEPARTMENT OF REVENUE DR -14 R. 01/02 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.039, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others, by your organization of tangible personal property, sleeping accommodations or other,real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from tnfs requirement except Wnen ulE ,! Z" .e uIe lessor or real property (HUIe^12A-I.uN, rA(.i). 5. it is a criminal offense to fraudulently present this certificate to evade the payment of Sales tax. Under no circumstances should this certificate be used for the personal benefit of any Individual. Violators will be Mable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. • 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100. Space Coast Seafarers Ministry Walk For Bibles March 7, 2009 Instructions: 1 — Mile Walk: Cape Canaveral First Baptist Church and walk north on N. Atlantic until you reach the intersection of George King. Return to the church. 3 - Mile Walk: Leave church and walk north on N. Atlantic until you reach the intersection at George King. Turn left and continue west on George King to Flounder. Turn right and follow Flounder until you Reach Glen Cheek Blvd. Follow Glen Cheek until you reach the turn around cones in the parking lot across the street from the "Miss Canaveral" Fishing boat. Return to the Church. *Please stay on the sidewalks *Cross streets at crosswalks only *Water will be available at the church, the Seafarers Ministry Hospitality Center, and at the cone markers at the turn around (across the street from the "Miss Canaveral" fishing boat). • There will be a card table and chairs and garbage cans at each refreshment site. --C d r n Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Hearing Considerations Item 4 No. Deliverables associated with this project will be in the form of map products and a written report detailing the AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL TO CONDUCT COMMUNITY VISIONING DEPT/DIVISION: COMMUNITY DEVELOPMENT/PLANNING Requested Action: City Council consider the Community Visioning Proposal from the East Central Florida Regional Planning Council in the amount of $35,000 or up to $43,000 with optional services as noted within the proposal. Summary Explanation & Background: The attached Scope of Services will provide a community visioning and strategic planning process for the City. Deliverables associated with this project will be in the form of map products and a written report detailing the vision statement and graphics for future growth, and potential redevelopment sites, as determined by the citizen participation process. An appropriation from General Fund Reserves is needed to fund this program. Please advise. Exhibits Attached: Scope of Services; City Manager's E-mail dated 12-23-08 City Manager's Office Department COMMUNITY ' DEVELOPMENT/PLANNING caped\ m\ ydo,cuments\admin\ unczl\meeting\2009\01-C6-09\visioning.doc Scope Cape Canaveral Visioning 12 5 08 0 Scope of Work: Visioning Process for The city of Cape Canaveral By East Central Florida Regional Planning Council (ECFRPC) A. OVERVIEW This Scope of Services describes how the ECFRPC, in conjunction with rnvregion.org, will provide a community visioning and strategic planning process to the City of Cape Canaveral, Florida. The general model for this work is the visioning and strategic planning work completed by the ECFRPC for the City of Tavares, Florida as presented to Cape Canaveral City Council by ECFRPC Executive Director Philip Laurien on July 15, 2008 and incorporated herein as Task 46, Vision workshops 1-5. This scope of services proposed exceeds the Tavares general vision work and includes other tasks requested by Cape Canaveral staff. The deliverables associated with this project will be in the form of map products and a written report detailing the Vision statement and graphics for future growth and redevelopment, and potential redevelopment sites in Cape Canaveral as determined by stakeholders in an inclusive citizen participation process. B. TASKS Task 1: Determining Stakeholders and Engaging Leadership. ECFRPC staff and Shelley Lauten of mvregion.org will meet with Cape Canaveral Mayor Rocky Randels, City Manager Bennett Boucher and Planning Director Barry Brown to determine the stakeholders participant list for the visioning process. Following this meeting, Shelley Lauten of mvregion.org will assemble the lists of organizations and contacts needed for the community outreach effort prior to beginning the visioning process. ECFRPC staff will coordinate with Shelley Lauten and review the strategy. Staff: Shelley Lauten, Phil Laurien, George Kinney, Tara McCue, Andrew Landis, Jeremey Mikrut. Deliverables: Lists of organizations and contacts needed for the community outreach effort due prior to Workshop 1. Task 1: Hours- ECFRPC staff: PL SL GK 1 Scope Cape Canaveral Visioning 12 5, 08 0 TM AL JM Task 2: Public Communication Outreach. Shelley Lauten of nryregion.org will create the press releases and communication outreach instruments necessary to establish the schedule of dates for the 6 workshops and an optional large community meeting (optional workshop #7). Staff: Shelley Lauten, Phil Laurien, George Kinney, Tara McCue. Deliverables: 1. Schedule of workshop dates and locations, prior to workshop 1 2. Press releases and communication outreach, prior to each respective workshop Task 2: Hours- ECFRPC staff SL PL GK TM Task 3: Basic Planning Research And Data Development Utilizing Brevard County's GIS and property appraiser available data and ECFRPC internal CFGIS resources, ECFRPC staff will develop a base series of maps (or data) for the City of Cape Canaveral that includes: • Parcels (data provided by Brevard County Property Appraiser Office) • Roads • Land use (based on property appraiser tax codes, Existing Land use by DOR + Future Land use by Cape Canaveral) • Zoning (data provided by Cape Canaveral) • CRA boundaries (if any, as provided by Brevard County GIS or from Brevard County Property Appraiser Office) • Assessed Property Values (by land and structure value, from Brevard County Property Appraiser Office) Staff: Phil Laurien, Claudia Paskauskas, Keith Smith, Gina Marchica, Whitney Laurien, interns. Deliverables: Due prior to Workshop #3. Task 3: hours: PL CP KS GM 2 Scope Cape Canaveral Visioning 12 5 08 0 WL Interns Task 4: Defining And Mapping Potentially Underutilized Commercial Parcels • ECFRPC staff will determine potentially underutilized commercial parcels by the following formula: a parcel may be underutilized when the assessed building value equals less than 25% of the assessed land value. • Utilizing GIS, a map series will be developed that maps the locations of both vacant and potentially underutilized parcels based upon the 25% valuation formula above. • RPC staff will meet with Cape Canaveral Staff to identify those geographic areas of potential underutilization that need field verification and analysis by windshield survey. This is not intended to be a city-wide survey of all neighborhoods, but a targeted survey of commercial corridors as agreed upon between RPC staff and Cape Canaveral staff.. This mapping will be accompanied by a tabular summary of the map that includes the number of parcels, associated acreage, future land use and zoning assigned to the parcels, ownership, and taxable value. • A windshield survey will be done in the targeted areas on a parcel -by -parcel basis to identify inactive structures, empty buildings, antiquated land uses and exterior physical conditions. • Photos will be taken of each parcel in the targeted underutilized areas to record exterior condition and existing land use. • ECFRPC staff will note which parcels are "double selected", meaning by physical appearance and by GIS analysis of building versus land value, and create a map series depicting these conditions. Staff: Phil Laurien, Claudia Paskauskas, Tara McCue, Keith Smith, Whitney Laurien, interns Deliverables: Due prior to workshop # 4 Task 4: Hours: PL CP TM 3 Scope Cape Canaveral Visioning 12 5 08 v3 KS WL Interns_ Task 5: Land Readjustment Potential In an effort to spur private sector interest in parcel assembly within defined areas in Cape Canaveral commercial corridors, an analysis of the potential to assemble or readjust property will be conducted utilizing the information developed in Task 3 and 4. This task is intended to explore innovative approaches to parcel readjustment. For example, see Land Readjustnnent Learning fi'oni International Research, Planning February, 2008. • All reassembly options will consider antiquated parcel layout, degree of underutilization, location relative to current uses, services and natural features. • Hyperlink and design, document, photos to prospective assembled parcels. • In cooperation with the Cape Canaveral Planning Director, a draft optimal parcel reassembly map(s) will be developed for commercial corridors. Staff: Phil Laurien, Claudia Paskauskas, George Kinney, Tara McCue, Keith Smith, and Whitney Laurien, interns Deliverables: Due prior to Workshop # 5 Task 5: Hours: PL CP GK TM KS WL Interns Task 6: Visioning Workshops • Workshop # 1 (2 hours). Topic: Starting the Community Conversation. 1.) Watch "Save Our Lands, Save Our Town" video. 2.) Ask the audience: "If any theme in the video resonated with you, please tell us what it was." Record the responses. 11 Scope Cape Canaveral Visioning 12 5 08 0 3.) Ask the audience, "What do you like about Cape Canaveral [growth and development] and what do you dislike`? 4.) Record the responses, and adjourn. Workshop 1: Hours PL SL GK TM AL JM Interns_ • Workshop # 2 (2 hours) Topic: How Community Likes and Dislikes Form A Strategic Plan 1.) Take the Likes and Dislikes from Workshop #1, and categorize them as Strengths, Weaknesses, Opportunities and Threats. 2.) Discussion: what would people like Cape Canaveral to ultimately look like? Describe the various neighborhoods in a perfect Cape Canaveral community. 3.) Hand out disposable cameras. Ask people to take pictures of the best kinds of places that represent what their community could ultimately look like. Make clear that these pictures can be of anywhere in the world, and they can use the internet to bring other images they think are suitable. Also stress that there are neighborhoods in every community, and that neighborhoods have a different feel and intensity to them, and to try to capture that best feel and appropriate intensity with different pictures. 4.) Give people two weeks to return their cameras to the city for development of the pictures. (City gets pictures developed and delivers copies to ECFRPC at least one week prior to Workshop #3). Workshop 2: Hours GK PL TM AL JM SL Interns • Workshop #3 (2 hours) bi Scope Cape Canaveral Visioning 12 S 08 v3 Topic: Understanding Your Community: Establishing Future Preferences 1.) Display existing land use maps based on Department of Revenue land use classifications. Use the 10 simple ECFRPC classifications. Explain them to the public. 2.) Using a parcel based map of the city, identify those sites that the city has previously considered as potential redevelopment sites, but do not make any representation as to the appropriateness of these sites, or to the potential uses of these sites. (map provided by Cape Canaveral) 3.) Give each attendee a total of 15 stick -on dots, three each of five different colors (ROBGY). Each color represents a level of intensity of a neighborhood. Red is the most intense, then orange, then blue, then green, then yellow is the least intense. No definition is given for the word intensity. 4.) Attendees are then asked to go up to the parcel based map of the city of Cape Canaveral and place their dots in the sites identified by the city in item number 2 above that they think are most appropriate for redevelopment at the level of intensity they think is most appropriate. 5.) Analyze the raw placement of the colored dots and ask if anyone wants to change any of their placements. Generally outline the rough edges of neighborhoods so defiled. 6.) Display all the pictures taken on poster boards (should be several hundred). ECFRPC will add some photos to stimulate the conversation and add to the richness of choice). 7.) Visual preference survey. Give each attendee 15 colored dots (3 each of red, orange, blue, green and yellow). Ask attendees to place their dots on the pictures they would most prefer in the neighborhoods they previously defined as red, orange, blue, green and yellow. Workshop #3: Hours GK PL TM AL JM SL GIS Staff Interns • Workshop #4 (2 hours) Topic: Potential Redevelopment Opportunities 6 Scope Cape CanaNeral Visioning 12 5 08 0 1.) Prior to Workshop 4 ECFRPC staff will do a GIS analysis of the neighborhood intensity and visual preference results. Staff will present and discuss the results. 2.) Prior to workshop 4 ECFRPC staff will have completed a windshield survey for physical condition in areas considered most appropriate for redevelopment. 3.) ECFRPC will have researched and analyzed, utilizing GIS, possible underutilization of certain commercial corridors. Present possible redevelopment sites based on underutilization analysis by building assessed value versus land value. 4.) Present exterior condition survey results from windshield survey. 5.) Discuss opportunities for redevelopment. Give 15 colored dots (3 each of ROBGY) to each attendee and have them place the colored dots describing the level of intensity they desire on the locations they find most appropriate for redevelopment. Discuss the results. Workshop 4: Hours GK PL TM AL JM SL WL Workshop # 5 ( 2 hours) Topic: Creating Cape Canaveral's Vision l.) Review all previous findings (SWOTS, likes dislikes, visual preferences, neighborhood intensities, redevelopment sites and select primary and secondary sites for redevelopment. 2.) Establish a small group to word a mission statement for redevelopment of each specific redevelopment site and include visual preference image references to imagine what it should look like. 3.) Have each small group create an overall vision statement for the future look and feel of the ultimate Cape Canaveral community. Present these statements to the entire group, and wordsmith them into one overall mission statement for the community's ultimate look and feel. 7 Scope Cape Canaveral Visioning 12 5 08 0 Workshop 5: Hours PL GK TM At, JM SL • Workshop #6- (2 hours) Topic: Testing Cape Canaveral's Vision- In Words and Pictures 1.) Prior to Workshop #6 have the overall community vision and the individual redevelopment site visions rendered by an artist or architect into drawings. (Note: this is an optional task outside the skill sets available at the ECFRPC. The city must source and pav for this item separately). 2.) Display vision graphics to show to the stakeholder group. 3.) Discuss the vision statement and pictures and make revisions. Workshop 6: Hours PL GK TM AL JM SL • Workshop #7 (Optional, if desired) (2 hours) Topic: Unveiling the Vision Unveil the overall community vision and the individual redevelopment site visions at a large group community meeting. Workshop 7: Hours PL GK TM AL JM SL Task 7: Final Report • Complete final report with vision statements 8 Scope Cape Canaveral Visioning 12 5 08 v3 • Include graphics and maps for the project including project background, research findings and final recommendations. Staff. P. Laurien, S. Lauten, G. Kinney, K. Smith, W. Laurien, A. Landis, J.Mikrut, C. Paskauskas, T. McCue, Interns. Deliverables: Due 21 working days after completion of Workshop #6 (or #7 if that additional workshop is supported by the city). Task 7: Hours Task Hours PL GK SL KS WL CP TM AL JM Interns Total project hours: Total project time- 210 days from date of contract signing C. PROJECT COSTS • ECFRPC Costs for Research, GIS mapping, planning, visioning, and attending workshops from Tasks 1-7. $36,500 • Shelley Lauten /myregion.org costs for Tasks 1,2, 6&7 S5,000 • Travel costs for attending meetings and windshield survey $ 2,000 • Printing, materials (5 hard copies, 5 DVDs) preliminary and final S 1,500 Subtotal $45,000 • Amount charged to DCA local assistance by ECFRPC -S 10,000 Sub Total Project Cost to Cape Canaveral 9 Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Considerations Item 5 No. I support the recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR CIVIL ENGINEERING DESIGN, PERMITTING AND BID DOCUMENTS FOR THE RIDGEWOOD AVENUE GREENSCAPE PROJECT IN THE AMOUNT OF $63,145 DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from Stottler, Stagg & Associates for civil engineering design, permitting and bid documents for the Ridgewood Avenue Greenscape Project in the amount of $63,145 as recommended by the public works director. Summary Explanation & Background: See attached memo from the public works director and SSA's proposal. I support the recommendation. Exhibits Attached: Public works director's memo; SSA's Proposal; BSA Review Comments City Manager's Office Department PUBLIC WORKS/STREETS t"Ft�itt documents\adm \council\meeting\2009\Ol-C5-09\ridgewood.doc To: Bennett Boucher — City Manager From: Walter Bandish — Public Works Director Date: December 19, 2008 RE: Agenda Item for January 6, 2009 Council Meeting Ridgewood Avenue Beautification Project The City Council of the City of Cape Canaveral (City) recently approved funds for the completion of final design services for the Ridgewood Avenue Beautification Project. The contract is between the City and Brad Smith Associates. Inc. (BSA - landscape architect). The City's engineering firm, Stottler Stagg & Associates (SSA), has submitted a cost estimate to provide design support services to the City and BSA for the project. These services include the performance of field surveys, field inspections, completion of civil engineering design drawings, permitting, and bid package documents (civil engineering bid specifications). A project cost estimate to complete the project as prepared by SSA is attached. BSA also provided a review of SSA's scope of work and estimated costs. Recommendation: City staff recommends approval of funding for the project in the amount of $63,145.00 to SSA. Cost reductions to this amount may be realized depending on the number of coordination meetings required and regulatory permitting requirements. Funds for the work are from the following: General Fund (001-017-901-630100). December 12, 2008 SSA Jeff Ratliff City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal - Design Support for Ridgewood Avenue (Revised 12-12-08) Dear Jeff: Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our engineering proposal for design support for the proposed improvements along Ridgewood Ave. This proposal is based on our team workshop of October 23, 2008 and includes the following agreements: Project Design Criteria 1. The SSA designs will involve drainage adjustments to street intersections, design sections for a proposed bike path, design sections for sidewalks and electrical designs for City street lights. (The landscape / hardscape plans and irrigation systems will be designed by Brad Smith & Associates under a separate contract.) 2. Per City discussions, no profiles will be developed for the bikeway or sidewalks, Cross sections, approximately two (2) per block will be prepared with typical sections and construction notes 3. SSA will address work only within the Ridgewood road rights-of-way. Work required on private property (to blend with Ridgewood construction), will be performed by the contractor for the individual resident. 4. Proposed SSA field surveys will provide supportive design elevations and provide a base line for construction. 5. Permitting with SJRWMD may be required. An exemption will first be pursued by SSA based on balancino, road reduction surfaces against new surfaces. SSA SPECIFIC SCOPE OF SERVICES Task 1 — Field Surveys: SSA will supplement its earlier field surveys for landscaping with additienai design elevatio is for selected inlet boxes along Ridgewood Ave. Field Studies will include: ■ Additional field wore for 19± conflict areas • E -tended surveys .:;utside of Ridgewood's Rights of Way for intersection street drainage ■ Some additional cross sections for bike/sidewalk areas — approximately 20 locations ■ Versification of earlier survey (per State law) In addition SSA will establish a construction base line, which will be used by both the design team and future contractor. Some reductions in surveys have been made by reducing table top intersectio .--i designs, and some cross sections in design. !v+�si'ti1 FR- PLA'tiNI;RS, INC. ;.,_ Foix 321,-7 3-7065 1\Filese:verlusers\Joen SottonvalClVll lProjects\PROPOS �' City of Cade Car12v81'a�008`'��oposalstp-JE�F'FALf''tle5ign support-1'rdgEO�'At'. doc Mr. Jeff Ratcliff December 12, 2008 SSA Fee Proposal Page 2 Design Support for Ridgewood Avenue Task 2 — Field Inspection SSA will review the roadway system to evaluate the 19+/- conflict areas, and existing intersection drainage patterns. This field evaluation will be coordinated with the landscaping / hardscape designs to set' up construction drawings. As concepts are being finalized, SSA will also coordinate with the St. Johns River Water Management District (SJRWMD) for potential permitting on exclusions of the work. Task 3 — Design Drawings Several engineering designs will be incorporated into the Ridgewood Avenue drawings by SSA. These include the following: • Drainage and Grading of Street Intersections —Approximately 18-20 intersections will require new curb inlets and in some cases may have 12" culvert systems replaced. A "Table Top" intersection will be evaluated, but no design costs have been included by SSA. If requested by the City, this design would be an additional service. New curb and gutters will also be a part of the roadway work as street widths are being adjusted. • Bikeway Designs — An eight (8) foot bikewalk is proposed for the entire improvement length of Ridgewood Ave. (i.e. over one mile). While SSA will not prepare grading longitudal profiles for this system, design cross sections with plan view elevations will be shown. Supportive signing and marking of the bikeway will be included in the designs. • Sidewalk Designs — SSA will also design the sidewalk systems along Ridgewood, in a similar manner as the bikeway. This design will include select cross sections with supportive plan view elevations. As with all of Ridgewood's engineering designs, coordination with landscape / hardscape drawings will be maintained. • Street Lighting — Although the selected light poles have been placed on the landscape / hardscape drawings. SSA will provide electrical engineering support for wire and transformer systems. • Miscellaneous Designs — Other miscellaneous designs will be part of the construction package and those include an erosion control plan for construction, typical details of drainage structures, striping of roadway plans, and overall construction notes for work within Ridgewood's rights of way. Task 4 — Permitting SSA (and City staff) will meet early with SJRWMD to see if an exemption can be obtained from permitting. This exemption would be based on a reduction of pavement for Ridgewood Ave. If required, SSA will prepare the application for the District. All agency application fees will be paid for by the City. Task 5 — Coordination Meetings Throughout the design process it is anticipated that two (2) meetings will be held with the City Council. As work progresses, regular staff meetings and coordination will also be held. Task 6 — Bid Package / Documents SSA in conjunction with Brad Smith, will prepare a City Bid Package consisting of construction drawings, technical specifications, and estimates of probable construction costs. Front end documents for the City bid package will be furnished by the City. These "front end" docs, include 11FIIeserverlusers\Joan SottorivalCIVIL\Projects\PROPOSALCity of Cape CanaveraIR2008 Proposalslp-JEFF RATLIFF design support- Ridgewood Ave.doc Mr. Jeff Ratcliff December 12, 2008 SSA Fee Proposal Page 3 Design Support for Ridgewood Avenue instructions to bidders, bid formats, insurance requirements, bond requirements, and other general contract conditions. Task 7 — Construction Support Upon completion of the design package, SSA will submit a follow up construction support proposal that will address the following: ■ Pre -construction meetings. ■ Shop drawing review ■ Site observations ■ Contractor meetings SCHEDULES AND FEES ■ Drawing approvals ■ Development of punch lists ■ Project close out ■ Project certifications Schedules: Upon receipt of a City Purchase Order, SSA will start work. It is estimated that Task 1 (Field Surveys) will require approximately 3 weeks to complete. During this time SSA will complete Task 2 and begin Task 3. Approximately sixty (60) working days after receipt of surveys, SSA will complete design drawings for group review. Final schedules will be dependent on Citizen Workshops and Council meetings. Fees: Based on the above Task items 1-6, SSA's will perform the above work for the following fees: Task 1: Task 2: Task 3: Field Surveys - A lump sum fee of ............................. Office Mapping —A lump sum fee of ........................... Field Inspection / Coordination with SJRWMD — A lump sum fee of........ Design Drawings — A lump sum fee of ........................ Task 4 and 5: Permitting / Project Coordination — A lump sum fee of .................. Task 6: Bid Package preparation — A lump sum fee of ........... $11,000.00 $8,000.00 $2,190.00 $35,000.00 $4,000.00 $2,955.00 Total.................................................................................... $63,145.00 Printing costs for agency approvals along with five (5) sets of final plans are included in the above fees. Additional work authorized in writing by the City that is not specifically included in this proposal will be deemed as additional services upon City's written authorization to proceed and will be \IFlleserver\users\Joan Sotioriva\CIVIL\Projects\PROPOSAL\City of Cape Canaveral\2008 Proposalslp-JEFF RATLIFF design support- Ridgewood Ave. pop Mr. Jeff Ratcliff December 12, 2008 SSA Fee Proposal Page 4 Design Support for Ridgewood Avenue billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out- of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through December 15, 2008. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by the appropriate City signature below and our receipt of both a signed copy and a City Purchase Order. SSA is looking forward to working with the City on this project in Cape Canaveral. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A Pekar, PE Senior Vice President JAP/cs ACCEPTANCE: TITLE: DATE: 1\Fileserver\usersWoan SottorivalCIVIL1Projects\PROPOSAL,CIty of Cape Canaveral\2008 Proposals\p-JEFF RATLIFF design support- Ridgewood Ave. doe \§§§ \ \ )! o \f / k! ,} Ell III I,: \, ,\ „ Q \ - - \ - - { ( -T - � � /lo � � Page I of 1 Jeff Ratliff From: Brad Smith [bsmith@BSAPLANNING-DESIGN.COM] Sent: Thursday, December 11, 2008 3:03 PM To: Jeff Ratliff Subject: Ridgewood Ave. engineering requirements Jeff, I reviewed the project with John Pekar, and determined that the following clarifications to the original scope of services are appropriate: 1. Public meetings will not be required. (SSA had assumed that there would be a need for two such meetings). 2. If traffic tables at intersections are eliminated, there will be a reduced amount of work required, and a construction cost savings. The scope SSA provided is fine; you should just see it as a "worst-case scenario" (assuming that the traffic tables remain). 3. Permitting may require less effort, since it may be possible to receive a permit exemption through SJRWMD. Again, the scope provided by SSA is fine, representing a "worst-case scenario" (assuming a SJRWMD permit is required). These clarifications should not delay approval of SSA's contract. Brad Smith, ASLA, AICP — President Brad Smith Associates, Inc. Melbourne, FL - Cashiers, NC (321) 724-1036 ext. 102 "Enhancing Community through PLACE CREATION TM www.bsaplanning-design.com 12/18/2008 Meeting Type: Regular Meeting Date: 01-06-09 AGENDA REPORT AGENDA Heading Considerations Item 6 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR CONCEPTUAL ENGINEERING SUPPORT FOR THE N. ATLANTIC AVNUE GREENSCAPE PROJECT DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from Stottler, Stagg & Associates for conceptual engineering support for the N. Atlantic Avenue Greenscape Project in the amount of $14,500 as recommended by the public works director. Summary Explanation & Background: See attached memo from the public work director and proposal from SSA. Exhibits Attached: Public works director's memo; SSA's Proposal City Manager'.Office Department PUBLIC WORKS/STREETS im\ do ents\admin ncil\meeting\2009\01-06-09\natlantic. doc To: Bennett Boucher — City Manager From: Walter Bandish — Public Works Director Date: December 29, 2008 RE: Agenda Item for January 6, 2009 Council Meeting North Atlantic Avenue Beautification Project The City Council of the City of Cape Canaveral (City) recently approved funds for the completion of preliminary design services for the North Atlantic Avenue Beautification Project. The contract is between the City and Brad Smith Associates, Inc. (BSA - landscape architect). The City's engineering firm, Stottler Stagg & Associates (SSA), has submitted a cost estimate to provide conceptual engineering support services to BSA for the project. These services include design inputs for roadway drainage systems, utility corridors, and roadway geometric designs. Coordination meeting and citizen workshops support are also included. A project cost estimate to complete the project as prepared by SSA is attached. Recommendation: City staff recommends approval of funding for the project in the amount of $14,500.00 to SSA. Funds for the work are from the following: General Fund — (001-017-901-630100). October :?9, 2008 SSA Jeff Ratliff City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Conceptual Engineering Support of N Atlantic Avenue Dear Jeff: Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our engineering proposal to provide support services for development of an initial landscaping / hardscaping roadway design for North Atlantic Avenue. The landscaping / hardscaping plans will be prepared by Brad Smith & Associates. SSA will support these plans by providing engineering designs for drainage systems, bikeways, sidewalks, signage, and conceptual cost evaluations. As discussed with City staff members, it is anticipated that two (2) public workshops will be held along with two (2) presentations to the City Council. Preliminary field surveys for North Atlantic Avenue road rights of way determination and some roadside location surveys have been previously performed by SSA. Brevard County has also performed some field surveys along the southern portion of North Atlantic, and this work will also be used in the development of roadway concepts. SSA SPECIFIC SCOPE OF SERVICES Task 1 — Coordination Meeting with City Staff Brad Smith and SSA Prior to the workshop meeting, SSA will gather available roadway surveys for N. Atlantic Ave. Additional data will be reviewed using City master plans, historic site plans, utility mapping, Brevard County historic road data, and earlier Citizens workshops. Initial hardscaping concepts will be reviewed with the team. Task 2 — iOevelop Preliminary Design Concepts for North Atlantic Ave SSA will , pork closely with Brad Smith throughout the development of initial rendering concepts. As a min mum, three (3) team consultant meetings will be held between Brad Smith & Associates and SSA. SSA's design inputs will fcc.us on the following criteria: ■ Road drainage systems ■ Sidewalk development ■ Bi;eways • R;:-adside signage STOTIUR STAGG & ASSOCIATES ■ Utility corridors ■ Roadway geometric designs ■ Support preliminary cost estimates ARCHITECTS ENGINEERS PLANNERS. INC 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-7837065 ITileserverlusers\Joan Saflodi aizjviI 1rirjectslPROPOSAL1City of Cape Ctoavera11200*roMA4WZ%TLIFF cone Q076iort- N Atlant#I 6700 Mr. Jeff Ratcliff October 28, 2008 Page 2 SSA Fee Proposal Conceptual Engineering Support of N Atlantic Avenue Task 3 — Support of Citizen Workshops SSA will attend Citizen workshops in which concepts will be reviewed. Engineering questions that cannot be answered at the meeting will be evaluated back at the office of SSA. Follow up coordination with Brad Smith & Associates will be held following each workshop. Task 4 — Final North Atlantic Avenue Conceptual Drawings Following Citizen workshops and City Council presentations of the North Atlantic Ave Hardscape concepts, final drawings will be submitted to the City by Brad Smith & Associates. SSA will support the drawings by updating those roadway items from Task 2 above. SCHEDULES AND FEES Schedules: Upon receipt of a City Purchase Order, SSA will begin work. As several meetings and workshops are proposed it is anticipated that work tasks will be expanded over a 2 to 3 month period. Following the first Citizen workshop and City meeting, final project schedules will be prepared. Fees: SSA fees for Tasks 1-4 above will be a lump sum fee of $14,500.00 Printing if required will be at SSA's cost plus 15%. Additional work authorized in writing by the City that is not specifically included in this proposal will be deemed as additional services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out- of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through December 15, 2008. Acceptance after this date may necessitate increased fees or altered conditions. WileserverlusersWoan Sottoriva\CIVIL\Projects%PROPOSALICity of Cape CanaveraR2008 Proposalslp-JEFF RATLIFF conceptual engin support- N Atlantic Ave. doc Mr. Jeff Ratcliff October 28, 2008 Page 3 SSA Fee Proposal Conceptual Engineering Support of N Atlantic Avenue Jeff, your authorization of this proposal can be accomplished by the appropriate City signature below and our receipt of both a signed copy and a City Purchase Order. SSA is looking forward to working with the City on this project in Cape Canaveral. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A Pekar, PE Senior Vice President JAP/cs ACCEPTANCE: TITLE: DATE: 11 FileserveftsersUcan Sottonva\CIVILIProjects\PROPOSAL1City of Cape Canavera112008 ProposalMp-JEFF RATLIFF conceptual engin support- N Atlantic Ave.doc W $ o $oo o$ o00 a o o n F -OF ww ww C ww f a V � 2 ww w N � S O O $ 2 m wN w w J = d d o rc o � a o $$ o0 - U = a as O po $$ $$ p O S O S o m N G b O w a0o M N_ N w N N w N m N w a` a C �-H� 3 S C! w 0 � I V w w q w w N w N 9 u i O O � O O p W cOOO q q w w VO O O C O C .gal c K f m ww ww ww 0 x m a` w wN w 0 Y Y N 0 h Y N Y N 3 O W F S W L Va m V � f V O G W Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Considerations Item 7 No. City Manager' .-9ffice AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RENEWAL OF INMATE LABOR CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider approval of the Inmate Labor Contract with the Florida Department of Corrections Summary Explanation & Background: This is a budgeted item and I recommend approval. Exhibits Attached: Contract City Manager' .-9ffice Department PUBLIC WORKS/BEAUTIFICATION nt\ki \m cuments\ in\council\meeting\2009\01-06-09\inmate.doc FLORIDA DEPARTMENT of CORRECTIONS An Equal Opportunity Employer 2601 Blair Stone Road • Tallahassee, FL 32399-2500 December 1, 2008 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32932 Phone: (321) 868-1230 RE: Work Squad Contract #WS498 Dear Mr. Boucher: Governor CHARLIE CRIST Secretary WALTER A. McNEIL http://www.dc.state.fl.0 s Enclosed for signatures are two (2) originals of Work Squad Contract WS498 between the Department of Corrections and your organization. This Contract will replace WS364 effective March 12, 2009 These Contracts have not been signed by Deputy Secretary Davison. Please have both originals of the enclosed Amendments signed and return both originals to this office, via Express Mail, for further processing as soon as possible. Once the Contract has been executed by the Department, one executed original of the Contract will be returned to you. To provide for a seamless transition in contracting, please have both originals signed and returned by January 12, 2009. As a reminder, please be advised: to include the Contract #(WS498) on all correspondence; that changes to the scope of services cannot be made except through a formal Contract amendment, executed by both parties, and issued by this office; and that services may not be provided after the expiration date unless the Contract has been extended or renewed. If there are any questions, please call me at (850) 414-9364. Sincerely, ,J,434' Shelrine Berry-D'aramola Government Operations Consultant I Contractural Services Section Bureau of Procurement and Supply Enclosure CONTRACT # WS498 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF CAPE CANAVERAL This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral ("Agency") which are the parties hereto. WITNESSETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code, provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, City of Cape Canaveral is a qualified and willing participant with the Department to contract for an inmate work squad; and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on March 12, 2009 or the last date of signature by all parties, whichever is later. This Contract shall end at midnight one (1) year from the last date of signature by all parties or March 11, 2010, whichever is later. In the event this Contract is signed by the parties on different dates, the latter date shall control. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for one (1) additional one (1) year period after the initial Contract period upon the same terms and conditions contained herein. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days prior to the Contract expiration. Page 1 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 II. SCOPE OF CONTRACT A. Administrative Functions Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position to supervise an inmate work squad. This Contract provides for one (1) Work Squad of up to eight (8) inmates. b. The Department shall ensure the availability of the work squad except: when weather conditions are such that to check the squad out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position within five (5) working days. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal work items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property, expendable and non -expendable, provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non -expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. £ The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. M. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation, tools and equipment belonging to the Agency. e. The Agency shall provide vehicles for transportation of the work squads. 3. Communications Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 C. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. Other Equipment The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer for the work squad is provided by the Agency at no cost to the Department, and the Department maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract, the trailer will be returned to the Agency. III. COMPENSATION A. Payment to the Department Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of Addendum A, shall be due and payable upon execution of the Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks after the effective date of the Contract. The second quarterly payment is due no later than the 201' day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 201" day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. Page 5 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 B. Official Pam The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 C. Submission of Invoice(s) The name, address and phone number of the Agency's official representative to whom invoices shall be submitted to is as follows: Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32932 Telephone: (321) 868-1230 Fax: (321) 868-1224 E-mail: boucher-capegcrl.rr.com IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manama The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position, address and telephone number of the Department's Contract Manager for this Contract is: Warden Brevard Correctional Institution 855 Camp Road Cocoa, Florida 32927-3709 Telephone: (321) 634-6010 B. Department's Contract Administrator The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The name, address and telephone number of the Department's Contract Administrator for this Contract is: Page 6 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 Robert E. Staney, Chief Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Telephone: (850) 410-4091 Fax: (850) 922-8897 E-mail: staney.bob@mail.dc.state.fl.us C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32932 Telephone: (321) 868-1230 Fax: (321) 868-1224 E-mail: boucher-capegcrl.rr.com D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by the Agency upon no less than sixty (60) calendar days' notice and upon no less than thirty (30) calendar days by the Department, without cause, unless time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments, prorated as of the last day worked. Page 7 of 13 Master Document Revised 5/07/08 VII. CONDITIONS I!� C 0 E. F Records The Department and the Agency agree electronic storage media) in accordance practices. CONTRACT # WS498 to maintain books, records and documents (including with generally accepted accounting procedures and The Department and the Agency agree to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shall constitute a breach of Contract. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section III, Compensation. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV, Contract Management, of this Contract shall be considered as a duly authorized expression on behalf of the Page 8of13 Master Document Revised 5/07/08 CONTRACT # WS498 Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. BALANCE OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 13 Master Document Revised 5/07/08 CONTRACT # WS498 IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CAPE CANAVERAL SIGNED BY: NAME: TITLE: DATE: FEID #: DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: Richard D. Davison TITLE: Deputy Secretary Department of Corrections DATE: Approved as to form and legality, subject to execution. 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M` N a) E= O Q Q U 0 =3C a w U-� O CLL co CL w .0 p N w a) a) O c _c o cn cn as aa) � N z � 3 m c .c U U) _a w U)) �N aci C a`) o aci C - o - o o -a a � (n w uoi w F- o E 3 Q c Q _ E .� a E w c a) a a coo coo m c �o aa) cai t � c '�) o � as h S m c c co O .C- a) - } n 'c Q) ac) Q v c`o io m io (n cEE >'0 a'c53 L) 0 En06 W ac)0 0 0 0 in o a a w a) a) '3 Q a) a) E (n cao~ n a) m m O >, p 0 N .0 a- >, C p �- a) 0 a) a) .c L L U OD U U U F- .'� a) F- O U F- U = O a) m Z -a F- F- F- >; > > > C C C C p O 0 C C O p O p :+ r U) U) () a) M CITY OF CAPE CANAVERAL PUBLIC WORKS MEMO TO: Bennett Boucher, City Manager FROM: Walter Bandish, Public Works Director SUBJECT: Agenda Item for January 6, 2009 (Florida Department of Corrections Contract #WS364) DATE: December 30, 2008 The current contract (# WS364 between the City of Cape Canaveral and Florida Department of Corrections will expire on March 11, 2009. The proposed draft Contract and Addendum A was received for review. The current contract cost is $55,777.00. The new contract is an increase of $690.00 for a contract total of $56,467.00. The increase were in the following areas: Salary - $593.00 State Personnel Assessment - $ 9.00 Uniform Purchase - 88.00 TOTAL - $690.00 Funds have been budgeted for this contract within the 105-015-541-340000 (Beautification Fund — Contract Services). Staff recommends approval of the new Contract #WS364 w/Addendn rn A between the City of Cape the amount of $56,467 00 beginning March eral dFlorida Department of Corrections March 12, 2009 through March 11, 2010. Respectfully, "46^-" i060F 'OYCJ Walter Bandish Public Works Director /eml Attachment — Draft Contract w/Addendum A DEPARTMENT OF CORRECTIONS BUREAU OF PROCUREMENT & SUPPLY CONTRACT EXPIRATION NOTIFICATION DATE: September 12, 2008 TO: Bennett Boucher, City Manager FROM: Emily Phelps, Correctional Services Consultant RE: Contract: WS364, Brevard CI – City of Cape Canaveral Work Squad: 1 Correctional Officer, 8 Inmates Expires: March 11, 2009 NOTE: The above -referenced contract will expire on the above listed date. Please advise of your preference: ❑ Do not renew. Note: Contract will expire on date specified. Process new contract. CONTRACTOR PERFORMANCE Based on monitoring performed during the contract period, please answer the questions below: Did the Work Squad provide services (according to the entire scope of service) outlined in the above -referenced contract: a. were necessary reports provided in the required timeframe? ® Yes ❑ No ❑ N/A b. were invoices submitted in the required timeframe? ® Yes ❑ No ❑ N/A c. were services delivered in accordance with the terms & conditions? 'N Yes ❑ No 2. Please explain any "negative" responses and attach documentation, if applicable. \ 3. Rate the overall performance of service as outlined in the Scope of Service under the contract identified above: Excellent )— Good Satisfactory Unacceptable 90% or better compliance 89%-75% compliance 74%-60% compliance 59% or below If Unacceptable is checked, you are requested to provide an explanation. If you have any questions, please contact Emily Phelps at (850) 410-4573. PLEASE RETURN THIS FORMAS SOON AS POSSIBLE TO: Emily Phelps, Bureau of Institutional Support 2601 Blair Stone Road Tallahassee, Florida 32399-2500 WS Revised 6/07/06 INTERNAL WORKING DOCUMENT Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Considerations Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPOINTMENT OF A CANAVERAL PORT AUTHORITY LIAISON DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of an elected official liaison to the Canaveral Port Authority and define roles and responsibilities. Summary Explanation & Background: This item was requested by Council Member Shannon Roberts at the 12-02-08 City Council Meeting. Please advise. Exhibits Attached: N/A City Manager's Office Department LEGISLATIVE pe-nt\ki ydocuments\admin\council\meeting\2009\01-06-09\CPA.doc Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Resolutions Item 9 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-39, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE AND HOMEOWNERS ASSOCIATION FEES ON FORECLOSED UNITS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-39, supporting amendments to the Florida Statutes to increase mortgage holders responsibility for delinquent condominium, co-operative and homeowners association fees on foreclosed units as recommended by Mayor Rocky Randels. Summary Explanation & Background: See attached resolution. I recommend approval. Exhibits Attached: Resolution No. 2008-39 City Manager' Office _. Department LEGISLATIVE J capmy nts\a council\meeting\2009\01-06-09\2008-39.doc RESOLUTION NO. 2008-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE, AND HOMEOWNER ASSOCIATIONS FEES, REGULAR ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN FORECLOSURE AND ON FORECLOSED UNITS. WHEREAS, due to current economic conditions which include a housing market crisis, Florida, in particular, is experiencing a significant increase in foreclosure suits filed; and WHEREAS, under present Florida Law, mortgage holders are only responsible for unpaid condominium association fees that are the lesser of 1% of the original mortgage amount or six months of unpaid maintenance fees and regular assessments at the time of foreclosure; and WHEREAS, under the foregoing formula condominium association fees often accumulate in excess of what the mortgage holder is responsible for resulting in such fees becoming the responsibility of the remaining association members who must pay, in many cases, exorbitant special assessments to cover the maintenance expenses and all special assessments of the building, while units in foreclosure proceedings and foreclosed units continue to benefit at no additional expense to the mortgage holder; and WHEREAS, in order to provide a disincentive for mortgage lenders to delay foreclosure actions in order to avoid the payment of escalating condominium fees, and to fairly place responsibility on the party that has the most to benefit from the continued receipt of maintenance services on units in foreclosure proceedings and foreclosed units, the Florida Statutes should be amended. NOW, THERFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL CITY COUNCIL: City of Cape Canaveral, Florida Resolution No. 2008 - Page 2 of 2 SECTION 1. The Mayor and City Council hereby support amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominium, co-operative, and homeowner associations fees, regular assessments and special assessments on units in foreclosure and on foreclosed units. ADOPTED BY, the City of Cape Canaveral City Council this day of '2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Pagel of 6 Select Year: 2008 Go 1 The 2oo8 Florida Statutes Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.116 Assessments; liability; lien and priority; interest; collection. -- (1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severalty liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner. (b) The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of: 1. The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or 2. One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. (c) The person acquiring title shalt pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments. (d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary. (e) Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who arni OrP fitly fn a rnnrinminii im "inif as n rccwdt of the fn re`1.,����o f �4,., r.,., .... F.. ,a„ a is r ',"' asur of the mortgage or by used in Lieu o� http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 2 of 6 foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply. (f) The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief. (g) For purposes of this subsection, the term "successor or assignee" as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. (2) The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. (3) Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year. Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. Any payment received by an association shall be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee shall not be subject to the provisions in chapter 687 or s. 718.303(3). (4) If the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease of a unit, the grounds for disapproval may include, but are not limited to, a unit owner being delinquent in the payment of an assessment at the time approval is sought. (5)(a) The association has a lien on each condominium parcel to secure the payment of assessments. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the condominium parcel is located. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch07l 8 ->Section 116 : Online Sunshine Page 3 of 6 (b) To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association. No such lien shall be effective longer than 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. The 1 -year period shall automatically be extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. The claim of lien shall secure all unpaid assessments which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title, as well as interest and all reasonable costs and attorney's fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien. (c) By recording a notice in substantially the following form, a unit owner or the unit owner's agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: NOTICE OF CONTEST OF LIEN TO: 1Name and address of association You are notified that the undersigned contests the claim of lien filed by you on ear)-_, and recorded in Official Records Book at Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. Executed this day of , (year) . Signed: Aowner or Attorney) After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the lien; and, if the action is not filed within the 90 -day period, the lien is void. However, the 90 -day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel. (6)(a) The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association is entitled to recover its reasonable attorney's fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. http://www.leg.state.fl.us/Statutes/index.cfrn?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 4 of 6 (b) No foreclosure judgment may be entered until at least 30 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney's fees and costs as permitted by taw. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). The notice requirements of this subsection do not apply if an action to foreclose a mortgage on the condominium unit is pending before any court; if the rights of the association would be affected by such foreclosure; and if actual, constructive, or substitute service of process has been made on the unit owner. (c) If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver shalt be paid by the party which does not prevail in the foreclosure action. (d) The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. (7) A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership. (8) Within 15 days after receiving a written request therefor from a unit owner or his or her designee, or a unit mortgagee or his or her designee, the association shalt provide a certificate signed by an officer or agent of the association stating all assessments and other moneys owed to the association by the unit owner with respect to the condominium parcel. (a) Any person other than the owner who relies upon such certificate shall be protected thereby. (b) A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney's fees. (c) Notwithstanding any limitation on transfer fees contained in s. 718.112(2)(1), the association or its authorized agent may charge a reasonable fee for the preparation of the certificate. The amount of the fee must be included on the certificate. (d) The authority to charge a fee for the certificate shall be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 5 of 6 payable upon the preparation of the certificate. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. (9)(a) A unit owner may not be excused from payment of the unit owner's share of common expenses unless alt other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases: 1. If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. If a developer - controlled association has maintained all insurance coverage required by s. 718.111(11)(a), common expenses incurred during the stated period resulting from a natural disaster or an act of God occurring during the stated period, which are not covered by proceeds from insurance maintained by the association, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their respective successors and assigns, including the developer with respect to units owned by the developer. In the event of such an assessment, all units shall be assessed in accordance with s. 718.115(2). 2. A developer who owns condominium units, and who is offering the units for sale, may be excused from payment of assessments against those unsold units for the period of time the developer has guaranteed to all purchasers or other unit owners in the same condominium that assessments will not exceed a stated dollar amount and that the developer will pay any common expenses that exceed the guaranteed amount. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If a developer -controlled association has maintained all insurance coverage required by s. 718.1.11(11)(a), common expenses incurred during a guarantee period, as a result of a natural disaster or an act of God occurring during the same guarantee period, which are not covered by the proceeds from such insurance, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their successors and assigns, including the developer with respect to units owned by the developer. Any such assessment shall be in accordance with s. 718.1,15(2) or (4), as applicable. (b) If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as http:/iwww.Ieg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 6 of 6 provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses. (c) If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developer's financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows: 1. The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium. 2. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. (10) The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. 718.111 (11 approved in accordance with the condominium documents shall be set forth in a written notice of such assessment sent or delivered to each unit owner. The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in such notice. However, upon completion of such specific purpose or purposes, any excess funds will be considered common surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward future assessments. History. --s. 1, ch. 76-222; s. 1, ch. 77-174; s. 9, ch. 77-221; s. 7, ch. 77-222; s. 6, ch. 78-328; s. 8, ch. 84-368; s. 12, ch. 90-151; s. 9, ch. 91-103; ss. 4, 5, ch. 91-426; s. 6, ch. 92-49; s. 10, ch. 94-350; s. 87, ch. 95-211; s. 856, ch. 97-102; s. 7, ch. 98-322; s. 33, ch. 99-6; s. 1, ch. 2000-201; s. 56, ch. 2000-302; s. 7, ch. 2003-14; s. 6, ch. 2007-80; s. 5, ch. 2008-240. Copyright © 1995-2008 The Florida Legislature • _Privacy Statement • Contact Us http:/iwww.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Bennett Boucher From: Rocky [rocky-cape@cfl.rr.com] Sent: Sunday, December 07, 2008 9:33 PM To: EnidRodriguez@miamibeachfl.gov Cc: Bennett Boucher Subject: RE: Resolution to Amend Condominium Foreclosure Statute 718.116 Jerry, I also received your fax on this resolution and will add it to our next council meeting. The same issue is a concern in our city, also. Rocky Randels, Mayor From: Cape Canaveral [mailto:ccapecanaveral@cfl.rr.com] Sent: Friday, December 05, 2008 2:50 PM To: Rocky Randels Subject: FW: Resolution to Amend Condominium Foreclosure Statute 718.116 From: Rodriguez, Enid [mailto:Sent: Friday, December 05, 2008 10:34 AM Subject: Resolution to Amend Condominium Foreclosure Statute 718.116 December 4, 2008 Dear Mayor: Pagel of 2 Florida ranks second nationwide in foreclosures. As a Miami Beach Commissioner, I have started a statewide drive to push for legislation to address inequities existing in State Statute 718.116 that affect condominium associations regarding foreclosures. According to the State Statute, the first mortgagee who acquires title to a condominium unit—by foreclosure—pays the lesser of one percent (1 %) of the original mortgage or the unit's unpaid common expenses and regular periodic assessments (which have accrued or came due during the six months immediately preceding the acquisition of title). This limitation, referred to as the "Statutory Cap", allows banks and lending institutions to pay less than their fair share, which increases the condominium associations' financial risk. The Statutory cap negatively impacts the associations' financial stability and is further exacerbated by the excessively slow pace that foreclosure lawsuits, which are filed by the first mortgagees, proceed to judgment and to foreclosure sale. 12/10/2008 Page 2 of 2 To develop awareness and encourage participation among the affected associations, I have collaborated with several Florida municipalities to hold Special Town Hall Meetings to foster interest in this much needed condominium foreclosure reform. I have further asked associations and municipalities to pass resolutions calling for an amendment to State Statute 718.116. On November 5, 2008, the City of Miami Beach was the first to pass a resolution "supporting amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominiums, co-operative, and homeowner associations' fees on foreclosed units." (Please see enclosed copy of resolution.) Mayor, kindly consider placing a similar resolution of support on your next agenda. I ask that should your commission/council approve a similar resolution, a copy be faxed to me at 305-673-7096 or sent via e-mail to Jerrya mi_amibeachfl.uoy. Once I have received the resolution it will be hand delivered, along with thousands of resolutions from condominium associations and other Florida municipalities, to the Governor and the State Legislature for action during the 2009 legislative session. Julio Robaina, State Representative and Chairman of the Select Committee on Condominium Governance, will sponsor this legislation, so we will have a good chance to succeed in making the needed changes to Statute 718.116. Thank you in advance for your consideration and please feel free to call me at 305 673 7106 if you would like additional information. Sincerely, Jerry Libbin Attachment MIAMMEACH1 Enid Rodriguez, Aide to Commissioner Jerry Libbin OFFICE OF THE MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach. FL 33139 Tel: 305-673-7106 Fax: 305-673-7096 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live. work and play in our vibrant, tropical, historic community. 12/10/2008 1_ 10: 32 MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC # 300-2008 LETTER TO COMMISSION TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage DATE: November 18, 2008 ` SUBJECT: City of North Miami Beach, Florida - Resolution Encouraging The Eleventh Judicial Circuit Court of Miami -Dade County, Florida, To Establish A Residential Mortgage Foreclosure Diversion Pilot Program. Attached for your perusal is a copy of the City of North Miami Beach, Florida Resolution No. R-2008--80. JMGl1RPAb Attachment C:'Documents and Settingstcmgrwaip'local SettingslTemporary Internet F ilesiOLK239tcityofnorthm is mibeachresolubonr2008-50 LTC. d oc RiFSOLUfION NO. WOOS," A RESOLUTION OF THE MAYOR AND CITY COI,NCXL OF THE QTY OS NORTH NHAMI HIRAM FLORIDA, JOINING OUR SISTER CITY OF NOR'T'H MULNII IN EN. COURAGING THIS ELEVEN- 'R .IUIIICIAL CIRCtIT COURT OF ARA:MII-DA.DE COUNTY, FLORIDA, TO ETP ABLISH A RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PILOT PROGRAAI; ENCOURAGING ALL MLT'ICIP_-jLI`1"IES IN MIAMI -DADS COUNTY rO ADOPT ST.1'IILAR RESOLUTIONS; AND DIRECTLNG THE CITY CLERK TO TAKE ALL NECESSARY ACTION TO TRANSMIT' T>EIIS RESOLUTION TO THE CRIEF JUIIGE OF THE ELEVENTH JUDICIAL CIRCUIT COURT, PROVIDING Asti EFFECTIVE DATE AND FOR ALL OTHER PURPOSES. WHEREAS, due to the currenr eevriomic t nsis the uumbet of foreclosttres in dta State of l-'iorida has risco and Florida now has the seeOnd ?argost number of formIusurus in the nation; :Md WHI REAS, an eDOTWOUs number of Miarri-Dade residents arc facing foreclosure of their homestead property; and WTiEREAS, the Cit"', of Philadelphia has instituted a residential mortgage foreclosure diversion pilot program desi,gncd to assist botfr owner -occupied and non -owner occupied properties cur mdy facing foreclosure; and WHEREAS, the PniltulrlpWa Program has bin able to save approximately a_g}!ty percent (90%) of the properties fre*ra fitrther foreclosure; and WHERE,AS, the number of residents of the Cita of Nor -:h Miami Beach facing forec osurc is disturbing and the City shoulc take Aimtc-vcr lcgislative action possible to assist its residents in rcmining the-iT prcrpeTcy ownerships; and WTI] REAS, 'tic residKntial mortgage foreclosure diversion pisrt prognun offers 1•nrreowners an opportunity for further conciliation cont` cncw prior to #ir;ai foreclosure; ar_d WREREA,S, the Mayor and City Council wish m loin oto sister City of North Komi and strongly recommend that. the Eleventh ;ucicial Circuit Court rnriew the program in the Firs-, Judicial District of Philadelphia and establish a sirnilur program for the. rrsidenis an,l Property owners in Mia r:i-Dade County, Florida- RFSOLr ,TON R200$-50 NOSV, THER-EFF 2E, 13V 1T RESOLVED try the City Council Of the City of North ,1,fianii Beach sm-fien 1. The Mayor and City f:ouuacii hercbv srroncky encourage the Flcvcntb Judicial Circuit Court of Miaru-Dade County, Florida to establish a Residential h4orrgage Foreclosure Diversion Pilot Pao Barn to assist the property owners of Miami -Dade who are facing fareclost_~.c. Furthermore, the Mayor and City Council encotmagv other municipalities of & ;anti Uade County to adopt a slTnifar resolution sunPwtin,9 the ptuposcd program. The diversion program should include rocernrnendations that financial institutions be encouraged to canvert adjust.'ablc rut: mortgages (ARM's) to a Cixcd rate inorcgagc and to ex,,e:ad the amorrizw ar pericads. In addition, trey should bt cneouragcd, rrheax appropriate, to write down a portion of ovmrated reall property values and attempt future reou etv at the tail and of the debt; if that': is a nartia' recover}- is value. but tiu�ader ro circumstar_ocs exceed the unprovided over=ramenr in real property. Section 2. Thc. City Clerk is hereby directed 'o tabs: all nccesscuy action to transmit a copy of this resolution to the Chid Judge of tiro Eleventh ludicial Circuit Coma of Miami-Da•dc County, Florida and all other inanicipr'aliries in Mianv-Dade C:oucty, Florida, Section 3. Tliis resoludon shall be effective immediately upou adoption. AND ADOMM by the City of North Mianii Beach City Council at the -gut. X53 is 4`fi day of November, 2{F48: SOLOMON ODE. RAYi4 UNM F. NLARIN CITY CLERK MAYOR (CYI Y SEAL) AP K 4'E A9 FM& F1UWA B. r Ialf1RD CITY ATTORNEY SPONSORED BY, Mayor Raymond F. Marin City council RESOLUTION fMoes--59 Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Resolutions Item 10 No. I recommend approval with council picking a program. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2009-02, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels is requesting that City Council consider the adoption of Resolution No. 2009-02, recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities as requested by the president of the Florida League of Cities, Carmine Priore. Summary Explanation & Background: See attached letter of request from the Florida League of Cities and a listing of publication and programs. I recommend approval with council picking a program. Exhibits Attached: League of Cities Memo; Program -Publication Listing City Managers Off1, Department LEGISLATIVE ca i myd uments\admin\council\meeting\2009\01-06-09\2009-02.doc RESOLUTION NO. 2009-02 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. WHEREAS, municipal government is the government closest to most citizens, with tremendous daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to, and understanding of, its many responsibilities, and City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida's citizenry receives public services from State, County, School District, and other government levels, educating Florida's citizens of all ages as to the structure and function of all the levels of government, and how to be wise consumers of such services is therefore critically important; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and all citizens about municipal government through a variety of different projects, resources and information; WHEREAS, this initiative will make resources available to cities and their citizens to utilize in furthering their goals for civic education; NOW, THEREFORE BE IT RESOVED, BY THE CITY OF CAPE CANAVERAL CITY COUNCIL: City of Cape Canaveral, Florida Resolution No. 2009-02 Page 2 of 2 SECTION 1. That the City of Cape Canaveral does hereby encourage all citizens, City government officials and employees to utilize the opportunities and resources' available through this initiative. SECTION 2. That the City of Cape Canaveral does encourage educational partnerships between City government and schools, as well as civic groups and other organizations. SECTION 3. That the City of Cape Canaveral does support and encourage all City governments to actively promote the "Building Citizenship in the Community: Back to Basics" initiative. ADOPTED BY, the City of Cape Canaveral City Council this day of , 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney GUE pfc'r' o z w&mat 301 South Bronough Street, Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 • Fax (850) 222-3806 • Web site: www.ficities.com December 16, 2008 Dear Municipal Official: I am humbled to serve as your President this year. The Florida League of Cities is very near and dear to my heart. The League's motto is "Local Self -Government: Keystone of American Democracy", and I believe city government is the closest government to the people of Florida, and I believe in Home Rule. I want to stand side-by-side with you to protect the Home Rule power of Florida's cities. We are facing extremely tough economic times and I believe that the education of our citizens, and future citizens (students), is of the utmost importance - now more than ever before. Educating our citizens on the fundamentals of city services and what it takes to effectively run a city is going to be essential as we continue to be forced to "tighten our municipal belts", do more with less, and still maintain the level of service demanded by our citizenry. Through my presidential priority, "Building Citizenship in the Community: Back to Basics", the League has designed and launched a campaign to increase civic awareness and participation. We will provide education for our constituents to increase their awareness of municipal issues, and help them become smarter municipal service consumers. I encourage each municipality to stand with me in support of this initiative. I have attached a resolution for your council's or commission's consideration. There are 411 active municipalities in the Sunshine State — it would be wonderful to have 100% participation! I appreciate your consideration of this request. Further, I would appreciate hearing about what you are doing in your municipality. I'd like to hear about your successes in citizen education and about things that didn't work as well. How can we strengthen the relationship between elected officials and the average citizen in Florida's cities, towns and villages? 1 hope you will share your stories with us, by contacting Casey Cook at ccook@flcities.com or 850-701-3609. I appreciate your continued dedication to the Florida League of Cities. Together, we can make a difference... we already have ... we will continue to do so! Sincerely, Carmine Priore President, Florida League of Cities Vice Mayor, Wellington President Carmine Priore, Vice Mayor, Wellington First Vice President John Marks, Mayor, Tallahassee ♦ Second Vice President Joy Cooper, Mayor, Hallandale Beach Executive Director Michael Sittig ♦ General Counsel Harry Morrison, Jr. Civic Education http://www.flcities.com/membership/civic_education.asp The focus of programs to date has been K-12 civics education. If you are a teacher, please click here for state civics education requirements as well as a list describing the League's educational materials. While most of the programs are geared primarily to the school setting, city officials are encouraged to promote them to their local schools as they will help students and teachers develop a better understanding of their city's functions and services. Civic Education Publications ■ ABCs of City Government '•[Y� MAN I b-illifl j1_7 awt8� III °� i■l! 1 FLORIDA Lu %Guk or * tnc y.�ii� Crnt.:s, INc. �r 1 ;IF Monday, December 29, 2008 Who we are I I am a I I'm looking for I Contact Us I Search Site Index I Home r ,r S 40 Civic Education • Building Citizenship in the Community: Back to Basics This publication includes five lessons, facts on Florida cities, a local The Florida League of Cities has developed several educational programs with government vocabulary, and a civic review on city government in Florida. The the goal of increasing Floridians' understanding of city governments and the My City book is available online or in print. services they provide. This page contains links to the League's civic education publications and program information as well as to additional civic education resources. Also included are press releases and articles regarding League President Carmine Priore's civic education initiative. President Priore recently sent a letter to all cities encouraging them to adopt a resolution in support of this initiative. Please contact the Membership Development Department for additional infomation. The focus of programs to date has been K-12 civics education. If you are a teacher, please click here for state civics education requirements as well as a list describing the League's educational materials. While most of the programs are geared primarily to the school setting, city officials are encouraged to promote them to their local schools as they will help students and teachers develop a better understanding of their city's functions and services. Civic Education Publications ■ ABCs of City Government '•[Y� 0 This publication provides basic information about city government, as well as suggested student activities and student questions. It is geared toward C 0 students in grades 2 - 5. The ABCs book is available online or in print. ,r S ■ "My City: I'm Part of It, I'm Proud of It!" of it, This publication includes five lessons, facts on Florida cities, a local government vocabulary, and a civic review on city government in Florida. The My City book is available online or in print. ■ "Getting to Know Your Florida Cities" Training DVD This training tool was developed to help citizens, the media, civic organizations, schools and others learn more about municipal governments in the Sunshine State. Click here to view the text of the DVD chapters or e-mail the Public Affairs staff to obtain a copy. Civic Education Programs ■ Florida City Government Week This annual event is held in October and serves to highlight the crucial role played by city government in the lives of its residents. The week provides a special time to teach about municipal government issues and to develop city -school partnership programs. For additional information on the 2008 Florida City Government Week (October 19 - 25), click here or e-mail the Public Affairs staff. ■ Municipal Brain Bowl The Florida League of Cities launched its inaugural "Municipal Brain Bowl" in 1 of 3 12/29/2008 11:17 AM Civic Education http://www.flcities.com/membership/civic_education.asp conjunction with Florida City Government Week on October 21, 2008, at the City of Tallahassee Commission Chambers. The brain bowl was designed to engage citizens, specifically students, in learning about the function and purpose of municipal government. The event raised public awareness about the services cities perform and educated the public on the function of city government. The competition was passionate as middle and high school students demonstrated their knowledge of terms like municipal Home Rule, local -option sales tax, zoning, intergovernmental, homestead exemption and city hall. The experience was extraordinary as students sat in the chairs that Tallahassee Commissioners sit in during official commission meetings. Browse our Municipal Brain Bowl Gallery to view photos from the event. If you would like more information on the brain bowl or how to begin planning an event like this in your city, please contact the Public Affairs Division. Civic Education Resources ■ City -School Partnership Programs How do you go about beginning a city -partnership program? We've included a list of city -school partnership ideas that can be modified for various grade levels. ■ City Trivia Florida is a state rich in diversity, and each municipality brings its own special flavor. Click here to discover interesting tidbits about Florida's cities. ■ Florida State Government Electorate Chart This chart, updated in November 2006, explains the organization and separation of powers within Florida's state government. Click here to download a PDF version of the chart. ■ Home Rule: Understanding Florida's Home Rule Powers for Cities and Counties This article explains Home Rule, its history and application. ■ Local Government Vocabulary A list of common local government words and terms. ■ Promoting Youth Engagement Through Youth Councils: Tips for Getting Started Many cities are discovering that when they set up youth councils and offer other meaningful leadership opportunities, young people want to be involved and will recruit their peers to join them. This article suggests ways to begin the process. ■ A Quick Civic Review This article provides a "quick review" of city government in Florida. Do you know the population and name of the smallest city in Florida, or the largest? Click here to find out. Civic Education Intiative Press Pieces ■ Cabinet Proclamation Kicks Off Push for Civics Education by Florida League of Cities Click on the following link to view a video clip of the September 30, 2008, event. ■ Priore Wants Civics Focus with League (Wellington Crier, Don Brown, October 3, 2008) Wellington Vice Mayor Dr. Carmine Priore has been a go -to guy since before the village even became a municipality some 12 years ago. His influence was considerably expanded last month when he became president of the powerful Florida League of Cities. Full article. 2 of 3 12/29/2008 11:17 AM Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Ordinances -l' Reading Item No. 11 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 12-2008, 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Adopt the 5 Year Schedule of Capital Improvements of the Capital Improvements Element for transmittal to the Department of Community Affairs. Summary Explanation & Background: According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. On December 10, 2008 the Planning and Zoning Board reviewed the 5 Year Schedule of Capital Improvements. Exhibits Attached: Memo to Council Ordinance 12-2008 Public Facilities Capacity Analysis and 5 Yr Schedule of Capital Improvements P&Z Board Recommendation City Manager's Office Department f J ^ Community Development Department MEMORANDUM Date: December 10, 2008 To: City Council Members From: Barry Brown, Planning and Zoning Director RE: December 16, 2008 Council Meeting Florida Statutes mandates that every year local governments update their Capital Improvements Element including the 5 Year Schedule of Capital Improvements. We are going to update the body of the Capital Improvements Element next year as part of the EAR based amendment process. However, we need to update the 5 Year Schedule of Capital Improvements at this time so that we can continue to amend our comprehensive plan. This is merely an administrative exercise; no policy direction is being proposed with this update. Our comprehensive plan establishes minimum level of service (los) standards for certain public facilities and services such as sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation. These adopted levels of service must be maintained into the future. In order to determine if we will continue to have capacity in these facilities in the future, population projections are prepared and a basic public facilities capacity analysis is performed. The LOS facilities for which the City is directly responsible: sanitary sewer, drainage, and parks and recreation, all show capacity through the five year planning timeframe. No capital improvement projects are required in order to maintain adopted levels of service over the next five years. Potable water is supplied by the City of Cocoa and they are projecting capacity through 2013. Brevard County provides for the disposal of solid waste and they have capacity through 2023. School capacity falls under the purview of the Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All roads in the City for which minimum levels of service have been adopted are either County maintained or State roadways. None of the roadways are projected to have LOS deficiencies in the 5 year planning timeframe. ORDINANCE 12-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Five Year Schedule of Capital Improvements ("Schedule") serves as a companion to the Comprehensive Plan and the Capital Improvement Element ("CIE") of the Comprehensive Plan, by linking capital expenditures with the adopted public policy; and WHEREAS, the Schedule furthers the City's legitimate purpose of meeting the demands for new and properly maintained infrastructure and facilities in a fiscally responsible manner and in furtherance of section 166.021, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed Schedule, as set forth herein, and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the proposed Schedule consistent with the City of Cape Canaveral Comprehensive Plan; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by Citv of Cane Canaveral Ordinance 12-2008 Page 1 of 2 reference as legislative findings of the City Council of Cape Canaveral. Section 2. Adoption of Five -Year Schedule of Capital Improvements. The City Council of the City of Cape Canaveral, Florida hereby adopts the Five -Year Schedule of Capital Improvements, attached hereto as "Exhibit A," and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts SUSAN STILLS, City Clerk Betty Walsh Transmittal Hearing: Adoption Hearing: Effective Date: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 12-2008 Page 2 of 2 V) > N O E Q w � an � Q OJ Q - y EU OJ u LL O Ld Q 5 E -a N t to a L ILS � V � } LL m N e -i O N L 3 O L L IT O 00 O O N } LL -q LLi C I LL O i O O 0 1Ln O O O N O LL O C O O ! li O Ln i n Ln -I 00 LL r O t/Y O 4J tio 3 L Q ? N Q O� O C N LL U In I , V 40- - - c G li li c o v =ice 'a °' pp O X aV+ CL d. C N a) CLI 41 L In �v 3 ! s aril 'vl=0 o ° al 65j � +; CL) W —_ ao +� u -a i 0) _ N OA •L C 4J f0 = H O 16 m (06 O + U : f6 N L , O f6 +� c Y N n - L L a) pol CL LAI Q Q L f9 CL, N N N L I (0 1 t6 Q- M O; O OC Ln E m D. D L u; NS, U} N L H O Z O U O Z s Ln City of Cape Canaveral, Florida Capital Improvements Element Annual Update to the 5 Year Schedule of Capital Improvements Public Facilities Capacity Analysis According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. In order to determine if capital improvements are necessary to maintain adopted levels of service, the following public facilities capacity analysis has been performed. Data and Analysis as provided in the EAR have been used in the preparation of this analysis. The City is directly responsible for the provision of sanitary sewer, stormwater/drainage, and parks and recreation. As demonstrated in this analysis, no facilities for which the City is responsible will experience a deficit in LOS during the five year timeframe of the Schedule. Cocoa supplies potable water and Brevard County provides solid waste disposal. Both have capacity beyond the planning period. Public Schools are the responsibility of Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All LOS designated roadways in the City are projected to have capacity through the planning timeframe. Sanitary Sewer Adopted LOS is 118 gallons per person per day Capacity is 1,800,000 gallons per day 2008 — 13,294 x 118 = 1,568,692 gpd 2013 - 14,321 x 118 = 1,689,878 gpd No capacity issues are projected. Stormwater/Drainage Currently, the City has adequate drainage facilities. Since 1999, the City has utilized baffle boxes at key points to improve water quality and is currently installing additional baffle boxes in the Central Ditch at Central Blvd. The City adopted a Stormwater Master Plan in late 2000 which has been continuously implemented since. A Stormwater Utility fee was adopted on October 1, 2003. All development is required to meet City and SJRWMD standards for on-site water retention and treatment. Parks and Open Space Parks Adopted LOS for Parks is 2 acres/1000 population Currently the City has 34 acres in Parks 2008 — 13,294/1000 = 13.29 * 2 = 26.6 acres to meet adopted LOS 2013 - 14,321/1000 = 14.32 * 2 = 28.64 acres to meet adopted LOS No level of service issues are projected for parks. Open Space The City has an adopted level of service for open space of 1 acre per 1000 persons. In Cape Canaveral this standard is exceeded many times over merely by taking into account the many acres of beaches available to the public as well as open space at school facilities, City parks, and vacant tracts of land. Solid Waste Brevard County provides solid waste disposal services for the City. The Brevard County Central Disposal Facility has approximately nine years, through 2017, of permitted capacity and an additional fifteen years, through 2023, of capacity in the southern expansion area. The capacity of the facility handles Class I and III materials. Current LOS is 8.32 lbs./capita/day. Additionally, the City has contracted with Waste Management for the pickup and transportation of solid wastes within the City. The existing contract began in 2004 and runs until 2009. Potable Water The City of Cape Canaveral obtains its potable water supply from the system owned and operated by the City of Cocoa under an intergovernmental agreement. The City of Cocoa has supplied central Brevard County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air Force Base and a large population of unincorporated Brevard County with drinking water since 1957. The adopted level of service is 264 gallons per household per day and 60 psi. Studies indicate that the system should have capacity to supply all users during the 5 to 10 year planning period. Transportation The LOS roadways in our City are either under the jurisdiction of the Florida Department of Transportation or Brevard County government. Al A is a State road and North Atlantic Avenue, Ridgewood Avenue, and Central Boulevard are County roads. None of the LOS roadways in the City are projected to reach capacity through the year 2020. See attached Capacity -Demand analysis prepared by the Brevard County MPO in 2007 and included in our EAR. Population Projections to 2013 City of Cape Canaveral, FL year full-time, seasonal; total 2005 100341; 2509; 12543 2006 103171 2579 12896 2007 10526 2632' 13158 _ 2008 10635: 26591 13294 2009' 10795 2699 13493 2010 10956! 27391 136961 20111, 11121!, 27801 13901 2012, 11288' 2822' 141101 20131 114571 2864 14321 1 t I The City is projecting only modest gains in population over the next five years. Given the economic recession,, credit crunch, over built condo market, and the number of units in foreclosure, residential construction has come to a halt. The economy is not predicted to start turning around until 2010 and even then it will grow slowly and the demand for new housing will likely grow slowly as well. In addition, our area will be affected by the retirement of the space shuttle and the lack of space activity before the Constellation program is started. Therefore, we are projecting a 1.5% annual growth rate, the same rate as the last two years. 1 O I I 1 O � p v �+ '"U O O u 99 v C o Co C) N cr) M w Q 00 Cf) rz u fq r Q N .� fel •� 9 a� .,, 0 'm 03 w > ° •o z U me CU A M ,L1 .V _ H Ov 0. ~ Q .� U U O u 0 00 Cf) rz u fq fel z w A-11-41,1111, 00 00I Ick NOR Qr u fq U City of Cape Canaveral UGI If IC;LL LJUUl.1 IG1, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Ordinance 12-2008, Adopting the Five (5) Year Capital Improvements Program in Accordance with the Local Government Comprehensive Planning and Land Development Act. At the Local Planning Agency meeting, held on December 10, 2008, by majority vote, the Board recommended approval of the above referenced Ordinance to the City Council. Please schedule this item for the December 15, 2008 City Council meeting. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Discussion Item 12 No. Visioning Process that will take approximately 210 days to complete. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: DEVELOPMENT MORATORIUM ON ALL PROPERTIES ADJACENT TO SR A 1 DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Shannon Roberts has requested that council consider imposing a moratorium on all new development for all properties adjacent to State Road AIA until the City has completed the Community Visioning Process. Summary Explanation & Background: The scope of work for the East Central Florida Regional Planning Council to assist the City in a Community Visioning Process that will take approximately 210 days to complete. Please advise. Exhibits Attached: N/A City Manager' Office Department LEGISLATIVE 2X cap m\m uments\a in council\meeting\2009\01-06 09\moratorium.aoc Meeting Type: Regular Meeting Date: 01-06-09 AGENDA Heading Discussion Item 13 No. City Manager's -Qffice AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROJECTS, REPORTS AND CALENDAR DEPT/DIVISION: LEGISLATIVE Requested Action: City Councilmember Shannon Roberts would like to discuss City projects, reports and calendar. Summary Explanation & Background: See attached request. Exhibits Attached: 12/30/08 E -Mail Request City Manager's -Qffice Department LEGISLATIVE t-a-1Te--nt_Tcim\ tdocu nts\admin\council\meeting\2009\01-06-09\projectb.uoc Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Tuesday, December 30, 2008 7:47 AM To: Bennett Boucher Cc: Susan Stills Subject: Agenda Items for January 6, 2009, Council Meeting Bennett, Good morning! I would like to put the following items on the January 6, 2009, Council meeting agenda: North Atlantic Intersection Project Update, including specific schedule, if possible; North Atlantic Paving Schedule Relative to North Atlantic Streetscape Plans; Planning for January 20, 2009, "State of the City" address and associated materials and communications strategy; - City Council Master Calendar for 2009; Federal Stimulus Package/Opportunities for 2009 - 2013; Visioning Project with Phil Laurien Update, with specific schedule, if possible; Presentations to City Council Policy (e.g., information, representation, pre -decision making) City Council Agenda Order; - Canaveral Port Authority Liaison Thank you for your help with this. Wishing Tina and you a very Happy New Year and All the Best in 2009! Shannon 1