HomeMy WebLinkAboutPacket 09-16-2008 RegularCITY OF
CAPE CANAVERAL
I
City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 16, 2008
7:00 PM
AGENDA
PF CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
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 August 7, 2008.
2. City Council Regular Meeting Minutes of September 2, 2008.
3. Resolution No. 2008-21; Appointing a Regular Member to the Board of
Adjustment. (John Bond)
4. Resolution No. 2008-22; Appointing an Alternate Member to the Code
Enforcement Board. (Ralph Lotspeich)
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
w-ww.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
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of Cape Canaveral, Florida
tyCouncil Regular Meeting Agenda
eptember 16, 2008
Page 2 of 2
5. Resolution No. 2008-23; Reappointing Regular Members to the Code
Enforcement Board. (Charles Biederman, Walter Godfrey, Jr. and Raymond
Viens)
6. Resolution No. 2008-24; Reappointing a Regular Member to the Library Board.
(Jean Deck)
7. An Application for an Outdoor Entertainment Permit for the Fall Festival, Saturday,
October 11, 2008, 11 A. M. to 4 P.M.
8. An Application for an Outdoor Entertainment Permit for the Monster Mash
Halloween Street Dance on Thursday, October 30, 2008.
CONSIDERATIONS:
9 Motion to Approve: Second Amendment to the Interlocal Agreement for Creation of
the Space Cost Transportation Planning Organization.
DISCUSSION:
10. Fire Station.
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 Cleric's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
August 7, 2008
7:00 PM
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
Building Official
Public Works Director
Planning and Dev. Director
REPORTS:
MINUTES
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Bennett Boucher
Anthony Garganese
Todd Morley
Walter Bandish
David Barry Brown
City Manager
• Mr. Boucher distributed a proposed add on item for the Temporary Sign
Code Enforcement Resolution. He asked if there were any interest in
extending this another six months or whatever term to be deemed
appropriate. Mayor Randels asked if this could be moved to the last item.
• Mr. Boucher reminded Council that they were sent a draft copy of the
unfunded mandate letter to Senator Haridopolos. He explained that
one of the items in the letter is the unfunded mandate Administrative
Order on the Wastewater Treatment Plant and the other was an
unfunded mandate of Comprehensive Planning. Mr. Boucher asked
Council to review the letter over the weekend.
• Mr. Boucher referenced the Al left turn arrow issue. Mr. Petsos said he
believed the City does have the District Secretary's (of the Department of
Transportation) support. Mr. Petsos stated he had a good discussion with
her at the EDC (Economic Development Commission) meeting and she is
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 2 of 13
well aware of the problem. Ms. Roberts added that she talked to the
Florida Secretary of Transportation about the same issue as it related to
customer service from her department.
• Mr. Boucher announced that Laura Canady, the Community Development
Director of Satellite Beach, would present the Satellite Beach CRA
(Community Redevelopment Agency) activities at the next City Council
meeting on the 19th. Council will get good insight on TIF (Tax Increment
Financing) money and how Satellite Beach is utilizing it.
• Mr. Boucher announced that Mr. Ray Osborne is scheduled to talk about
his history book on the 19tH
Staff
Public Works Director
• Mr. Bandish reported the project on N. Atlantic Avenue and Central
Avenue was completed for the intersection. He responded to Mayor
Randels they lowered the twelve (12) inch reuse line.
Building Official
• Todd Morley stated he was going to present his Resort Dwellings status
update. (no date was given)
City Clerk
• Absent — no report.
City Attorney
• Attorney Garganese stated he would get the Sign Code Ordinance to
Council within the next week to ten (10) days.
• Attorney Garganese announced that City Attorney, Kate Latorre passed
her Certification Exam and is now Board Certified as a Specialist in
City/County Local Government Law effective August 20tH
• Mr. Petsos requested Mr. Boucher to please establish a date for a Council
workshop on the (revised) Sign Code Ordinance.
Planning and Development Director
• No report.
CITY COUNCIL
Council Member Nicholas
0 No report.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 3 of 13
Council Member Petsos
• Mr. Petsos inquired if anything was being done about parking on
sidewalks and asked for the proposed plan. Mr. Petsos expressed the
need to educate people with a warning.
• Mr. Petsos inquired if Mr. Boucher had heard anything more about the
school budget for the School Resource Officer. Mr. Boucher replied he
had not, but would check on it.
• Mr. Petsos asked about the stop sign at Shorewood Drive. Mr. Boucher
explained that when the City takes over the road, the City can do whatever
they want with it and that's how the County left it. Mr. Boucher brought out
that the County has agreed to re -stripe North Atlantic Avenue
entirely. Mr. Petsos stated he would like to revisit this issue and stressed
the desire for a short term fix.
• Mr. Petsos thanked the Sheriff's Department for National Night Out.
Ms. Roberts asked for an estimate of how many people participated and
suggested having the City featured in the paper next year. Mr. Petsos and
Mayor Randels reported that next year the event will be held in September
when school is back in session.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog reported that Saturday, August 2nd the Recreation
Department sponsored Kids Community Awareness Day and stated
there were backpacks and bike helmets given out. Mayor Pro Tem Hoog
expressed there was a great turnout and informed that the Fishing and
Diving Center donated 58 back packs and was one of many vendors that
participated.
• Mayor Randels thanked Joyce Hamilton, for her participation in the
event.
• Mayor Pro Tem inquired about the street lights on Thurm Boulevard.
Mayor Randels
• Mayor Randels reported he saw in the newspaper that, after a public
hearing, the Brevard County School Board unanimously approved a
new fee based transportation program for students living within two (2)
miles of their assigned school. Mayor Randels explained that City Council
specifically got permission to pick up all children West of A1A so they
didn't have to cross the road and it is within two (2) miles. Mayor Randels
stated the cost will be $2 per school day. Mr. Petsos clarified that the new
program is a courtesy pick up for students who live within two miles and
elect to take the bus. Mayor Randels requested verification because that
would be an extra $10 a day for some parents.
• Mayor Randels thanked reporter Jenet Krol from Hometown News for her
recent articles about Manatee Park and the City Council setting the
Tentative, Proposed Millage Rate.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 4 of 13
• Mayor Randels reported on representing Council Member Petsos at the
Beach Improvement Committee Meeting. Mayor Randels also noted
that Mr. Petsos' report on the Sand Fence Program was presented as an
example by Chairman O'Brian at the meeting.
• Mayor Randels voiced appreciation for all of the City Volunteers and
recognized Mr. David Schirtzinger for his work on the sand fences. Mr.
Petsos affirmed for Ms. Roberts that Council would receive a map from
Jeff Ratliff, Assistant Public Works Director, of where the sand fences are
going to be.
• Mayor Randels reported on attending the EDC (Economic Development
Commission) and the EELP (Environmentally Endangered Lands
Program) meetings.
Council Member Roberts
• Ms. Roberts questioned the status on bus shelters. Mr. Bandish
responded there was nothing to report.
• Ms. Roberts asked Mr. Boucher if he wanted to say anything about the
City website. Mr. Boucher informed that staff training will start on
Monday, August 11 for uploading and building the new website.
• Ms. Roberts questioned the status of the Oral History Project. Mr.
Boucher informed a press release was done.
• Ms. Roberts suggested mentioning City improvements that are underway
on the City website. Mr. Boucher informed that a daily picture can be
taken and put on the website.
• Ms. Roberts questioned the status of the use of the Library Community
Room. Mr. Boucher responded there was nothing to report yet.
• Ms. Roberts brought up the Curb/Gutter Project on Al A. She expressed
her desire to try, if they can agree as Council, to get it on the MPO
(Metropolitan Planning Organization) agenda. Ms. Roberts stressed this is
a high priority project because it is safety related. Ms. Roberts also
inquired about a Citizen Advocacy Group as part of the MPO process.
Mr. Boucher stated he would check into it.
• Ms. Roberts inquired about the status of the City flags. Mr. Bandish
stated this is in the budget and Public Works will purchase them in
October.
• Ms. Roberts questioned the status of the contract with Mr. Phil Laurien,
Executive Director, East Coast Regional Florida Planning Council. Mr.
Boucher stated Mr. Laurien would put forth a scope of services in October
when his new budget starts.
• Ms. Roberts suggested the Mayor or City Manager present a State of the
City address next year for the residents to have a clear perspective of
major accomplishments and plans for the preceding and coming years.
Ms. Roberts clarified this would be a special meeting, maybe of Council,
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 5 of 13
and it would actually be presented to the community in a formalized way;
verbal as well as written. (City Manager took note.)
• Ms. Roberts reported some residents recommended planting more oak
trees along the streets in the City. Mayor Pro Tem Hoog urged to consider
the power lines.
• Ms. Roberts mentioned that Mayor Randels and Mayor Pro Tem Hoog
were going to attend the Florida League of Cities meeting next week.
AUDIENCE TO BE HEARD:
Ms. Rosanne Scirotto stated she was representing the Small Business
Community of Cape Canaveral and inquired if the temporary extension for
temporary, on -premise signs would be approved. Mayor Randels
explained it would be discussed that evening.
Mr. Donald Dunn reported that he noticed, in the early morning,
Anchorage Way has a lot of cars parked on the sidewalk and the street.
CONSIDERATION:
Motion to Approve: Emergency Sewer Line Replacement.
Mr. Bandish affirmed for Mayor Randels that the job was completed.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to
Approve the Emergency Sewer Line Replacement. The vote on the motion
carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas,
For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
2. Motion to Approve: Emergency Purchase of a New Air Conditioning
Unit for City Hall.
Mr. Bandish stated, in the near future, another unit on the west side of the
building will be coming up due to dire need of replacement.
Brief discussion followed on the number of years before replacement of units, the
sourcing of the bids, warranties and SEER efficiency. Mr. Ralph Lotspeich, of
7008 Sevilla Court, explained he does all of the energy conservation for air
conditioning at Patrick Air Force Base and stated there is no real payback yet for
high SEER units.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos
to Approve the Emergency Purchase of a New Air Conditioning Unit for
City Hall. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For
and Ms. Roberts, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 6 of 13
CONSIDERATION:
3. Proposal for Lobbyist
Mr. Boucher introduced the firm Eligere Strategies, LLC. Mr. Garrett
Pomichter, Communications Director, introduced himself and stated he
contacted the City Manager about representing the City of Cape Canaveral. He
introduced Legislative Affairs Director, Mr. Matt Dupree, and Public Affairs
Director, Mr. Tim Buckley.
Mr. Dupree illustrated for Council the two the main reasons why his company
decided to appeal to smaller cities; House Joint Resolution 949 and Amendment
5. Mr. Dupree explained there is a movement by the (Florida) House of
Representatives to reduce Ad Valorem (taxes) across the board by using
vehicles such as these. Mr. Dupree assured that if their company is unsuccessful
in stopping Res. No. 949, then the City of Cape Canaveral will not have to pay
them. He stressed there was no representation for the small cities during the
committee meetings. Mr. Dupree pointed out that large initiatives like this do not
get started the first day of legislative session. He said the key is to look at who
voted for these things and where they fall in the leadership chain for the next few
years because that is a very likely indicator of how they will proceed.
Mr. Dupree gave other examples of how his company could help with sidewalk,
traffic light and sound wall issues.
Mayor Randels inquired if they had time to add one more firm to their list. Mr.
Dupree responded they form strategic partnerships with other lobbyists for
assistance. He encouraged contacting all of the clients listed and informed they
have not missed a deadline nor been unable to perform a task required or asked
of by any of their clients. Mr. Dupree responded to Mayor Randels that thirty to
forty percent of their time is taken up with working around unfunded mandates in
Tallahassee.
Mr. Nicholas inquired about conflicts of interest. Mr. Dupree responded they
would simply bow out if they felt there was something that represented conflict.
Mr. Petsos pointed out Council needed to remember this is citizens' money they
are spending and stated he likes the League of Cities and they do afford the City
a lot of protection. Mr. Petsos added he needed to hear from the rest of Council
on the pros and cons and what they would expect to get from Eligere Strategies,
LLC other than non -passage of Res. No. 949.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 7 of 13
Mayor Pro Tem Hoog stated he looked at the amount of money as a minimal
amount to pay for something the City could gain back in return and inquired what
could be done for the City of Cape Canaveral.
Mr. Dupree responded that his company would compliment what the City is doing
and to do it better, they have to have a consortium of small cities. Right now they
are in negotiations with Satellite Beach, Melbourne Beach and Sebastian. Indian
Harbor Beach is a client. Mr. Dupree emphasized these cities are handpicked
because they believe these communities have common problems and obstacles.
Mr. Dupree stated he believes strength is in numbers and a cohesive team
needs to be formed to keep home -rule protected and keep unfunded
mandates away. He urged Council to think about the message they're trying to
send to Senator Haridopolos now and the weight that message would have if
they had seven to ten cities that agreed, all in his district.
Ms. Roberts asked how, when lobbying, they deal with partisan issues and both
sides of the House. Mr. Dupree explained, as a lobbyist, it's not something that
is brought up or needs to be talked about. He went on further to explain that he
will seek support and co-sponsorship, but at the same time will make sure he is
not hated by members of leadership.
Ms. Roberts inquired as to when they proposed starting. Mr. Tim Buckley
responded $50,000 is the annual fee and they would essentially begin the
moment Council agreed. He said he wouldn't expect anything until October
when the City's budget starts. Mr. Buckley informed their contract comes with a
thirty day termination from either side with written notice.
Ms. Roberts asked if they give cities periodic written reports on what they have
been doing. Mr. Buckley responded they would provide reports as frequently as
Mr. Boucher required. Ms. Roberts inquired about how many work hours they
would be contributing for this amount of money. Mr. Dupree explained, if you are
looking at Committee Weeks and Session alone, ground time is a minimum
of five months. Mr. Buckley affirmed for Ms. Roberts that preapproved
expenses, such as travel time, are prorated among the multiple cities. Ms.
Roberts asked if there are other lobbyists that do something similar to what they
(Eligere Strategies, LLC) do. Mr. Dupree responded he does not know of any
other lobbyists that have decided to take the fee structure and the approach that
his company has.
Mayor Pro Tem asked Mr. Dupree if no contract was entered into, does his
company have an incident fee. Mr. Dupree indicated his company would consider
handling a couple of line items if seven or eight cities came to them asking for
the same thing.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 8 of 13
Mr. Dupree explained they would sit down with the City Manager and go over a
list of legislative goals and as part of their reactive lobbying: monitor
legislation as it comes through, call the City Manager with options and present to
the City Council for approval.
Mayor Randels concluded Council could not make a decision yet because this
was a discussion item and the City Manager would put this on an agenda as an
exploration possibility. Mayor Randels thanked the three gentlemen for coming.
4. Revisions to Building Permit Schedule of Fees
Mr. Todd Morley, Building Official, began his presentation explaining that current
Building Permit fees in Appendix B. (ref. Ch. 82) of the City code were
established by Ordinance 98-28. He stated, aside from Brevard County, no other
jurisdiction has raised their fees. He explained after reviewing the current rate
structure, he recommends increasing permit fees to keep up with increased
expenses incurred by the City. This presentation will include:
• A recommended methodology
• A "small permit" cost analysis
• A review of "How much of the building dept budget has been funded by
permit fees?"
• A proposed ordinance to impose a $100 fee for failure to obtain an
approved final inspection.
• The proposed revisions to City Code Appendix "B" Schedule of fees.
Recommended Methodology
Inflationary adjustment: Determine the year of the last permit fee increase
and add 5% per year for inflation.
Since the City of Cape Canaveral permit fee structure hasn't been
adjusted since 1998, we have not been keeping up with the times.
For years, salaries of public employees have generally increased at the
rate of 5% per year. Ten years of salary increases (department expenses) at 5%
per year amounts to 63%.
Generally speaking, costs have risen approximately 63% and our building
permit fees may have been undervalued by as much as 63%.
A graph showed: $100 increased by 5% each (compounded) nets an increase of
approximately 63% (for 10 years).
The revised permit fee schedule in discussion has been revised to
increase each category approximately 63%.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 9 of 13
Because we use a tiered fee level structure there will be an "across the
board" increase.
The result is that smaller permits (Fences, A/C change -outs, etc.) will see
the full increase. But larger permits (i.e. new structures) will see less of an
increase because as the construction value increases, the percentage rate of the
fee increase diminishes.
Illustrations showed examples of.
Current Fees, Proposed Fees and Percentage increases for A/C Change outs for
a Single Family Residence, a New Commercial Building and a new Multi -family
unit & Diminishing rate of percentage increase for A/C Change outs for a Single
Family Residence, a New Commercial Building and a new Multi -family unit.
Small Permit Cost Analysis
In 2008, how much did it cost the City to complete a small permit with one
inspection? (i.e. $2000 A/C change -out).
Illustration showed approximate rates for 2008.
Currently, for this permit we are charging $60.00.
In 1998, how much did it cost the City to complete a small permit with one
inspection? (i.e. $2000 A/C change -out).
Illustration showed approximate rates for 1998.
In 1998, the City charge for this permit was $60.00.
In ten years, the approximate cost for the City to complete a small permit has
risen from $44.40 to $70.57. An increase of approximately 60%, or approx. 5%
per year compounded. A graph showed this.
Note: This tracks with approximate annual employee wage increases of
5% per year.
Accordingly, fees for small permits should rise approximately 60%. This
means a $60 permit should be increased to $96.00. (60 x 1.6 = 96)
Recommendation: Increase the minimum permit fee to $100 (An increase
of 67%).
Historically, how much has the Building Department budget been funded
by permit revenue?
The building department is often required to perform unfunded work (i.e.
Inspection of Municipal Buildings, Code Enforcement Inspections, Damage
Assessment, Flood Plain Management Administration, Fieldwork Supporting
Other Departmental Functions, etc.). This portion of the departmental budget,
difficult to quantify, could be said to fall under the category of `General Fund -
supported'. Note: that the building department was 74% funded through permit
fees in the year immediately after the adoption of Ordinance 98-28.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 10 of 13
Graphs showed Building Dept budgets going back to 1992-93 FY illustrating
permit revenue and its percentage of the budget and how much of the Building
Dept. budget has historically been funded by permit revenue.
Proposed ordinance to impose a $100 fee for failure to obtain an approved
final inspection.
The City of West Melbourne adopted Ordinance Order No. 2008-35 (sample
attached to agenda and displayed). This ordinance contains provisions for some
new building -related policies for that City. One of those provisions is for the
imposition of a $100 fee for failure to obtain an approved final inspection.
For the following reasons this would be helpful for the City of Cape Canaveral
and the ordinance will:
• Help prevent expired permits (the fee can't be paid until the old permit is
closed and the permit will not be closed until it achieves an approved final
inspection);
• Help protect property owners from Code Enforcement (helps put
incentive for compliance in the contractors' hands);
• Reduce the volume of Code Enforcement cases (expired permits
equate to work without a permit); and
• Help avoid State disciplinary proceedings (the enactment of this
ordinance will achieve quick results as contractors will want to obtain
permits).
The last page of the West Melbourne Ordinance No. 2008-35, section (g)
states:
(g) Final Inspection. Failure to obtain a final approved inspection for a permit
before it expires will result in a $100.00 fine being levied against the permit
applicant. No further permits may be issued to any contractor or permit applicant
with an outstanding fine or to any contractor with an expired permit due to failure
to obtain a final inspection.
Mr. Morley expressed his hope for support of this ordinance and stated he
thought it would help the City out a lot. Discussion followed.
Mr. Morley displayed what the City's Ordinance would look like with these
proposals; Chapter 82 Buildings and Building Regulations.
Some proposed changes were:
1. Council agreed to strike out "No Inspections required" fee entirely.
2. A conforming change needs to be made at the bottom of the first page
displayed: Total valuation for assessment of permit fees for new
commercial and residential construction shall be based on the latest
valuation data published by the Seuthem Building Code GengFess.
(International Code Council (ICC)).
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 11 of 13
3. Under Plan checking fee: adding language stating plan review deposit
may be required at the time of permit application submittal for large
projects.
4. Under Plan checking fee: Mr. Morley requested the City Attorney's opinion
on adding "a hearing before the construction board of adjustment" at the
end of the sentence stating "When a dispute exists in the review of the
plans and specifications for construction, the applicant may request..."
5. Upping re -inspection fee from $25 to $45.
6. Adding Special Inspection Fees (after hours, holidays, etc...) $50/hr.
7. Adding Change of Contractor fee $50.
8. Adding Change of Sub -contractor on Combination Permit fee $20.
9. Adding Inspection and/or reporting services not required by this code
$50/hr.
Some points of discussion:
• Possible elimination of inspection services, which are not required by City
code.
• Final inspection call -ins (leaving on answering machines) and making sure
they're put on the schedule.
• Risk of contractors avoiding pulling permits to avoid fees and in turn
committing possible code violations.
• Concern over community education and putting information on the City
website.
Mr. Boucher stated he would have the City Attorney put these changes in a
Draft Resolution format and submit for the next available meeting.
1. Moratorium on New Commercial Development along SR A1A.
Ms. Roberts stated she thinks what the City is doing with the Visioning Project
and Phil Laurien will have a tremendous impact on the way in which the
community decides, through this highly participative process, what it wants in the
City. Ms. Roberts went on to say, since Al is major artery of the City and there
are potential projects coming in that the City is informally aware of, she
suggested considering a moratorium on all new construction along Al until the
City of Cape Canaveral has finished the Community Visioning Process.
Mayor Randels stated he didn't see anything happening immediately. Mr.
Boucher announced that Mr. Barry Brown, Community Development Director, is
working on a School Comprehensive Plan Amendment and stated that leaves
any other Comprehensive Plan Amendments and Re -zonings at a standstill until
January. Mr. Boucher clarified that existing commercial properties could meet
the criteria.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 12 of 13
Ms. Roberts stressed there are several projects of which Council is informally
aware that meet the zoning criteria right now, but may not provide what the
community wants. She stated these projects are in very significant parcels of
land along A1A and explained the City could very well have the development of
A1A start emerging without community input. Mayor Randels noted when you
have a willing buyer and a willing seller they can build whatever is properly zoned
for that location.
Ms. Roberts specifically addressed hotels. She stated Council has heard from a
fair number of residents that would probably, possibly not want to have more
hotels in the City. She suggested that in order to develop Al in a way that is
commensurate with the will of the community, to hold off on development, until
Council can get input.
Points of discussion were:
• The Porter Property;
• Various factors of imposing moratoriums;
• Property values going down and the economy of the area;
• The City being down to a level of zero permits;
• The time it would take to get through the Visioning Project; and
• The impact on the citizens of the City.
Mayor Randels stated, as Chair, he saw the majority of the City Council not being
interested in placing this issue on an agenda for future discussion.
A motion was made by Mr. Petsos and seconded by Mr. Nicholas to extend
the meeting until 10:15 PM. The vote on the motion carried 5-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Randels, For and Ms. Roberts, For.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog
to add on an item to the agenda. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos,
For; Mayor Randels, For and Ms. Roberts, For.
ADD ON: Resolution
Motion to Adopt: Resolution No. 2008-17; Extending for a period of six
(6) months the temporary suspension of the enforcement of display
time limits and permit fees applicable to temporary on -premises signs.
Mayor Randels was told, by Mr. Garganese, City Attorney, it was not necessary to
read the resolution.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 7, 2008
Page 13 of 13
There was no public comment.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to adopt
Resolution No. 2008-17. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Randels, For and Ms. Roberts, For.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:15 P.M.
Rocky Randels, MAYOR
Mia Goforth, Recording Secretary
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 2, 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
Leo Nicholas
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
City Treasurer
Andrea Bowers
Building Official
Todd Morley
Planning and Development
Director
David Barry Brown
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
Recreation Director
Robert Lefever
Mayor Randels acknowledged Ms. Joyce Hamilton for her letter commending the City
Manager and City Staff for their work during Tropical Storm Fay.
PRESENTATION:
Tropical Storm Fay Report.
Mr. Boucher distributed an extensive Report related to Tropical Storm Fay to the City
Council with availability to the public through the City Clerk's Office. Mr. Boucher read his
Report Summary.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 2 of 14
Mr. Boucher introduced Jeff Ratliff, Assistant Public Works Director, to explain the
response and recovery events that occurred as a result of Tropical Storm Fay. Mr. Ratliff
summarized how the City faced 21 -inches of rainfall over a short time which exceeded a
100 year -storm event. Mr. Ratliff informed that most municipal systems were designed for
a 25 -year storm event. He explained that the City has seven drainage basins, with the
exception of the Shorewood area. The stormwater system is gravity driven as it flows to
the Banana River, which was a key point to remember. Mr. Ratliff identified three major
flooding areas: 1) Central Ditch area (the northern portion), 2) Canaveral Drainage Basin
(the eastern portion) and, 3) Solana / Shorewood area (Shorewood Drainage Basin.)
Central Ditch Flooding: In summary, the flooding was the result of westerly winds
pushing water into the Central Ditch with little or no flow to the Banana River.
Short -Term and Long -Term Future Stormwater Improvements:
1) Investigate possible methods to increase stormwater flow through the Central Ditch to
the Banana River through Pipe orientation/ ditch excavation, etc.
2) Redevelopment of area will result in an improved stormwater management system as
this would increase elevations and eliminate many stormwater discharges to the
Central Ditch.
Canaveral Drainage Basin: In summary, the flooding which affected the residential area
of Harbor Heights, Villages of Seaport, and Ocean Woods, was the result of westerly
winds pushing the water from the Banana River into the Central Ditch with little or no flow
occurring to the Banana River through the entire drainage basin as a result of the
stormwater discharge pipe being submerged.
Short -Tenn and Long -Term Future Stormwater Improvements:
1) Pump/ Discharge pipe will be on-site at this location for immediate future storm
events.
2) Diversion pipe may be constructed from W. Central baffle box to the Central Ditch;
• Will allow for continuous pumping during any tropical storms or hurricanes.
• Will help to alleviate back-up of stormwater in the entire Canaveral Drainage
Basin.
Other Short -Term/ Long Term Considerations: Construction of emergency outfall
pipes at several locations from neighborhoods to the Atlantic dune.
• Will allow for emergency pumping of stormwater into the ocean.
• The City is currently working with the Florida Department of Environmental
Protection (FDEP) on permitting issues.
Solana/ Shorewood Communities: (Shorewood Drainage Basin): In summary,
flooding was the result of a "bowl' effect due to existing streets/ wet detention ponds
surrounded by higher -elevation areas and the stormwater had no place to flow.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 3 of 14
Short -Term and Long -Term Future Stormwater Improvements:
1) Continued discharge of stormwater through Port Canaveral which may also be the
best long-term solution due to the distance to the ocean.
2) Construction of emergency outfall pipe over the Atlantic Dune.
• Will allow for emergency pumping of stormwater into the ocean.
In summary, the City's flooding was a combination of factors:
• The City experienced 21 -plus inches of rainfall in a 24-hour period;
• The strong winds from the west which limited gravity flow of stormwater to
the Central Ditch and the Banana River;
• A "bowl effect" in the Shorewood Drainage Basin which minimized
stormwater outflow;
• And no stormwater system has been designed for a 200+ year storm event.
In conclusion, short-term solutions for problem areas have been developed and will be
used for immediate future storm events and long-term solutions for problem areas will be
identified, investigated and implemented as appropriate.
Mr. Sam LaRoca, of 604 Shorewood Drive, spoke of his intent to propose installing a 24%
30" line and also his intent to suggest the viability of flowing into the river; however, Mr.
Ratliff clearly addressed those issues. Mr. Ratliff acknowledged how the City Manager
succeeded in obtaining a Permitting Order from FDEP which was not done up to this time.
Mr. Boucher clarified that the Order would address Tropical Storms Fay and Hanna only
and he stated that response, recovery and mitigation were a team effort.
Mr. Jim Greever, 358 Coral Drive, spoke on the flooding as a result of the Central Ditch
and suggested using a Baffle Box with a check valve to alleviate future flooding. Mr.
Greever stated that Canaveral Port Authority pumped water into the ocean without a
permit. Mr. Greever related on the issues of how his neighbor could hear the Lift Station
alarm sounding for several hours and of his hearing about an alleged broken water main in
Harbor Heights. He requested a response from either Council or staff.
Walter Bandish, Public Works Director, responded that Public Works staff was available
from 10 P.M. onward to address the Lift Station issues. He explained how the light on the
Lift Station reacts to high water; however, these Lift Stations were fully operational. Mr.
Ratliff clarified, for the record, that Canaveral Port Authority pumping was a permitted
system. Mr. Ratliff explained how the City spent two days pumping water out of Jetty Park
in order to alleviate the flooding in the Solana/ Shorewood area.
Ms. Evelyn Tannebaum, of Solana Lakes, stated that the area residents took note of the
rising water at Solana Lakes during the storm event with minimal communication on what
to do. She expressed that, although she was unaware of how the damage would be
remedied, she hoped that the improvements would alleviate any future occurrences of
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 4 of 14
flooding. In conclusion, Ms. Tannebaum stated that she desired to see more Fire or Law
Enforcement presence during a crisis to reassure that emergency services were available.
Mr. Boucher emphasized that the DEP Permit was temporary and related to Tropical
Storms Fay and Hanna only. Mr. Bruce Patton, of 359 Harbor Drive, informed that the
storm sewer near his home backs up during heavy rain storms and asked if something
could be done to alleviate this situation. Mr. Ratliff explained that increasing the size of the
pipes was considered as well as pumping the water into the ocean.
Mr. Ralph Winans conveyed how quickly that the water rose up to his building and he
stated how obtaining the Permit would alleviate any further occurrence. Mr. Ratliff restated
that Tropical Storm Fay exceeded a 100 -year storm event. Mayor Randels informed that a
100 -year storm event standard was 11 -inches of rain. Mr. Alan Galbreath, of Solana
Shores, related how a line was nun from the Cape Caribe oceanfront building over the
dunes. Mr. Boucher clarified that Cape Caribe was also pumping water from the west side
of that building which created a system of pumps.
Mayor Randels stated that one of the lines in the Canaveral Port Authority area collapsed.
He related that he met with Mr. Stanley Paine, Canaveral Port Authority Executive
Director, who responded that the City would be allowed to pump water until dusk on Friday
evening. However, pumping would need to cease after that time since the pumps were in
an area that would interfere with the Port's Labor Day weekend activities.
Mr. Nicholas arrived at 7.56 P.M.
Ms. Roberts expressed that one of the challenges during the storm event was real-time
communication. She requested that City staff establish critical points of contact in order to
develop better communication between staff and the community. Ms. Roberts spoke
about the lack of directional signage and how the Solana/ Shorewood communities were
stranded and isolated from any Law Enforcement and Fire/ Emergency Service guidance.
Ms. Roberts emphasized that 1) improved communication, 2) directional signage, and
3) a more noticeable presence from Law Enforcement, Fire -Rescue Services, and the
Public Works Department would help the community during emergency events. Ms.
Roberts mentioned how the new City web site will allow residents to register and receive
E-mail alerts. In conclusion, Ms. Roberts thanked the Villages of Seaport for opening their
gate to assist the Solana/ Shorewood communities.
Mr. Petsos commended the Cape Canaveral Precinct, the Cape Canaveral Volunteer Fire
Department, and the Public Works Staff for their response to this emergency situation. He
agreed that improvements to the pipes would help. At this time, Mr. Boucher informed that
there was a link from the City's existing web site to the Brevard County web site to register
and receive emergency alerts. Mayor Pro Tem Hoog commended Staff for their tireless
work. He also commended the cooperative efforts between Solana/ Shorewood area and
the Villages of Seaport. Mr. Nicholas expressed that he had not seen standing water in
Harbor Heights in his 45 years as a resident.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 5 of 14
Ms. Roberts brought out the need for mosquito control and she also inquired about
submitting for Federal Emergency Management Agency assistance. Mr. Boucher clarified
that individual homeowners were eligible to submit claims and said that the online claim
submittal service was expeditious. Mr. Boucher informed that the Agricultural Center, at
3675 Lake Drive, in Cocoa was also available for grant assistance and this site also
offered other recovery services such as the Red Cross. Mr. Boucher emphasized that the
FEMA assistance would not address Homeowners' Association issues. Ms. Roberts
asked if there would be a focal point for donation of non-perishable goods. The City
Manager took note.
In conclusion, Mayor Randels stated that there were no electrical power outages or sewer
back-ups. Mr. Boucher announced that filled sand bags were available for residents at the
Public Works facility, 601 Thurm Blvd., in anticipation of the upcoming storm. Mr. Boucher
also announced that Waste Management was unable to collect any remaining debris prior
to the next anticipated storm. However, the County activated its Interlocal Agreement with
participating cities and another waste company would begin debris removal activities.
Residents could contact the City Manager's office at: 321-868-1230 to coordinate a pick-
up.
The Chair called for a two -minute recess.
The Chair reconvened the meeting at 8.17 P.M.
BOARD INTERVIEW:
Ralph S. Lotspeich, Jr.; Prospective Applicant, Code Enforcement Board.
Mayor Randels called on Mr. Ralph Lotspeich for an interview. Mr. Lotspeich affirmed to
the City Attorney that the information on his application was true and correct to the best of
his knowledge. Mr. Lotspeich stated that he had worked with Ms. Duree Alexander, Code
Enforcement Officer, on previous occasions and was encouraged to serve on the Code
Enforcement Board. Mr. Lotspeich affirmed that he had no problem serving on a Board
which may cite his neighbors for Code violations. Mr. Lotspeich affirmed that he had no
Conflict of Interest related to his real estate association. He explained that he was a full-
time Engineer with the Department of Defense and owned fifteen properties in Brevard
County. His real estate association was not to sell properties, but a contractual discount
agreement with his Broker.
Ms. Roberts asked what positive purpose Mr. Lotspeich hoped to accomplish by serving
on the Code Enforcement Board. Mr. Lotspeich replied that he would like to see the City
continue to move in a positive direction and he desired to volunteer his time. Mr.
Lotspeich disclosed that he spoke with Ms. Alexander regarding the Board requirements.
Attorney Garganese informed Mr. Lotspeich that he was required to complete a State
generated Financial Disclosure Form annually and he could obtain a copy from the City
Clerk's Office for his review before a final decision was made. In conclusion, Mayor
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 6 of 14
Randels stated that a Resolution to appoint Mr. Lotspeich to the Code Enforcement Board
would be placed on the next City Council Meeting Agenda of September 16tH
John Bond, Prospective Applicant, Board of Adjustment.
Mayor Randels called on Mr. John Bond for an interview. Mr. Bond affirmed to the City
Attorney that the information on his application was true and correct to the best of his
knowledge. Mr. Bond stated that he is a Real Estate Development Manager which
required him to work with those factions related to City development. Mr. Bond stated that
he had not prosecuted any land development applications with Cape Canaveral, but had
done so through another governmental agency. Mr. Bond stated that the company for
which he works did not do business in Cape Canaveral.
Mr. Bond responded to Ms. Roberts that the Board did not meet frequently which was well
suited to his schedule. He also stated that he desired to participate in the public meeting
process and not merely complain about issues. He expressed the understanding that he
would be unable to vote on all issues due to potential Conflict of Interest and he would
abstain from voting on those matters. Mr. Nicholas clarified that the Board of Adjustment
only renders decisions on the City's zoning code. Mr. Bond affirmed that he was aware of
that fact. Mr. Petsos expressed his appreciation that Mr. Bond planned to make fair and
informed decisions and commended Mr. Bond's desire to participate in the process. Mr.
Bond expressed his pride on living in the Cape Canaveral community. In conclusion,
Mayor Randels stated that a Resolution to appoint Mr. Bond to the Board of Adjustment
would be placed on the next City Council Meeting Agenda of September 16tH
REPORTS:
City Manager
• Mr. Boucher announced the First Budget Hearing on Wednesday, September 3rd
at 5:30 P.M.
Mr. Boucher announced that the City Attorney and the Planning and Development
Director completed a working draft of the Sign Code Ordinance. A Workshop
Meeting was forthcoming.
Mr. Boucher reported that City staff was preparing for Tropical Storm Hanna the
next anticipated storm. Mr. Boucher informed that a block of hotel rooms would be
made available at the Holiday Inn Express at the Airport to those employees who
live on Barrier Islands and may be subject to mandatory evacuation. This would
assist in keeping employees together and accessible for recovery efforts.
Mr. Boucher commended the Public Works staff for their efforts of preventing
City sewage back-ups. Ms. Dianne Marcum acknowledged the City employees
who live in other areas and were affected, but worked to alleviate the City's flooding
issues.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 7 of 14
STAFF
• There were no reports from Staff Departments or the City Attorney.
CITY COUNCIL
Council Members Roberts
• Ms. Roberts referred to City Council's previous discussion on the use of the
Library Meeting Room for a Council Chambers. She pointed out how the
capacity attendance at this meeting was an example of the need for a larger
meeting facility. Mr. Boucher responded that he would return to the matter of the
Library Meeting Room use subsequent to preparing the next storm event.
Council Member Nicholas
• Mr. Nicholas inquired about expanding the Sidewalk Master Plan. He
expressed the necessity of a plan to install sidewalks throughout the City.
The City Manager made note that Council could schedule a Workshop Meeting
for further discussion.
Council Member Petsos
• Mr. Petsos commended Law Enforcement, the Fire Department and Public
Works Staff for their work during Tropical Storm Fay.
• Mr. Petsos asked if the Recycling Program had been eliminated in the
Villages of Seaport. Mr. Jack Olive, President of the Villages of Seaport
Condominium Association, explained that there was an ongoing problem due to
lack of sorting. He suggested a location for recycling at another location. Mr.
Petsos requested recycling education for this community since the City was
moving toward becoming a Green City. Ms. Bowers suggested contacting Ms.
Pam Shoemaker of Brevard County for further education. In conclusion, Mr.
Olive informed that a non-profit group had expressed an interest to assist them
with sorting and recycling.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog requested a waiver on banners for a Kiwanis Club
Pancake and Meet the Candidates Breakfast at Manatee Sanctuary Park on
Saturday, October 4th. The banners would be placed on the north and south
sides of West Central Blvd.
Mayor Pro Tem Hoog commended staff for the new street lights on Thurm
Blvd.
After researching the issue, Attorney Garganese replied that the Kiwanis Club
could obtain a waiver based on the City's Sign Code, Section 94-81 for
temporary off -premise signs. The City Manager could Administratively address
the Kiwanis Club's request.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 8 of 14
Mayor Randels
• Mayor Randels noted a news article related to the Stormwater Products
Conference held on May 21 on Merritt Island attended by Jeff Ratliff, Assistant
Public Works Director
• Mayor Randels thanked the Canaveral Port Commission for the proposed
installation of a sidewalk along State Road Al for pedestrians headed to the
Port. He also thanked the Port for their cooperation during the pumping that
occurred during Tropical Storm Fay.
• Mayor Randels distributed the Canaveral Port Authority Business Plan
brochures.
• Mayor Randels reported that National Night Out was officially moved to
October in 2009.
• Mayor Randels reported on the recent TRIAD initiatives being put into progress.
Mayor updated the Council on the status of the City's Lifesaver Bracelets
purchase and their availability to Cape Canaveral residents.
• Mayor Randels reported on his letter of support to Senator Nelson for Senate
Bill 844 related to the Beach Protection Act of 2008.
• Mayor Randels reported on his effort to bring the State of Florida Communities
for a Lifetime Conference back to the Radisson.
• Mayor Randels offered an invitation for the following upcoming meetings to any
interested Council Members: 1) the Florida Public Relations Association planned
to meet at the Courtyard by Marriott in Cocoa on September 12th, Cost is $50 for
Members and $60 for guests; 2) the 2008 Air Force Ball at the Radisson also on
September 12th; Cost is $40; 3) Brevard Workforce Development Board Inc.
Graduation on September 5th; the Small Business Development Corporation
Veterans Conference on September 23rd at 8 A.M. Mayor Randels emphasized
that any related costs must be incurred by the attendee.
AUDIENCE TO BE HEARD:
Mr. John Johanson, of 310 Adams Avenue, thanked the City for the lighting on
Thurm Blvd. and requested street light blinders on the residential side to prevent
spillover lighting. The City Manager took note.
Mr. Johanson reported on sewer plant overflow into a retention pond at the
adjacent Discovery Bay area and he requested a landscape separation to avoid
any future spillage. Mr. Bandish informed that the sludge was removed and the
problem remediated.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of July 15, 2008.
2. Resolution No. 2008-18; Reappointing Regular Members to the Planning
and Zoning Board. (D. Dunn and H. Pearson)
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 9 of 14
Mayor Randels asked if any Council Member, Staff member, or interested party desired to
remove an item from the Consent Agenda for discussion.
Ms. Roberts referred to her previous recommendation for a process change related to the
City Board reappointments. Her request was to have Board Members return to the
Council to discuss what they have accomplished and to state what they planned to
accomplish as a reappointed Board Member. Mr. Nicholas asked if the Boards were
polled concerning coming back before the Council. The City Manager took note to pose
this question to the various Boards.
A motion was made by Mr. Nicholas and seconded by both Mayor Pro Tem Hoog
and Ms. Roberts to Approve Consent Agenda Item No. 1 with the amendments and
Item No. 2. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
CONSIDERATIONS:
3. Motion to Approve: Emergency Stormwater Pumping Services, in the Amount
of $49,500.
Mr. Bandish affirmed for Mayor Pro Tem Hoog that the emergency cost would include the
time up to 5:00 P.M. as of today when the pumping ceased. Mr. Tom Garboski, of 303
Surf Drive, asked if there were any anticipated reimbursements from the Port as this would
set a precedent for the City to assist others with their failing infrastructure. Mr. Boucher
explained how Cape Caribe addressed the issue on their property. Mr. Boucher clarified
that Homeowners' Associations were not eligible for reimbursement from FEMA; however,
Harbor Heights residents were eligible since the stormwater system in that area was a
public system. Mr. Petsos stated that the persons affected pay into the Stormwater Fund.
Ms. Roberts stated that the residents in the Solana/ Shorewood community pay taxes for
emergency services such as those related to the Tropical Storm Fay flooding.
Mr. David Shirtzinger, of Surf Drive, stated that he would like to see all residents pay a
more equal stormwater fee in that he was paying $3 for Stormwater service and the
Solana/ Shorewood community pay .45 cents. Mayor Randels emphasized that the
Solana/ Stormwater community does not drain into the City's stormwater line but into its
lakes creating a self-contained stormwater system. Attorney Garganese started that the
City had the authority to pump Stormwater from private property in an emergency
situation. Mr. Nicholas concluded that any further discussion on this issue was better
served under the Discussion Item: Lessons Learned as a Result of Tropical Storm Fay.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the
Emergency Stormwater Pumping Services, in the Amount of $49,500. The vote on
the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 10 of 14
4. Motion to Approve: Waiver of Building Permit Fees until 03/02/09 Related to
Tropical Storm Fay Damage.
Todd Morley, Building Official, explained how air compressor repairs and roof and siding
repairs, were the types of repairs anticipated which did not require a Permit. The two
requirements were: writing on the Permit Application that the damage was storm damage
and that the Applicant be on the Damage Assessment rolls. Mr. Morley clarified that
inspections were required. Mr. Petsos asked how the City would determine if a leaking
roof was on the damage assessment roll. Mr. Morley replied that Applications were
determined on the Assessment as having a leaking roof; however, other leaking roof
Applications would be added to the list when evidence was found that the damage was
storm related.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve a
Waiver of Building Permit Fees until 03/02/09 Related to Tropical Storm Fay
Damage. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
5. Motion to Approve: Proposal for the Design of the Southern Section of the
Central Blvd. Canal.
Jeff Ratliff, Assistant Public Works Director, reminded that a grant was available for
$115,000 from the St. Johns River Water Management District with matching funds from
the City. He stated that the project was limited in scope due to the presence of manatees.
Mr. Ratliff reminded that the Florida Department of Environmental Protection 319 Grant
was eliminated for this section as this project was considered a maintenance project.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the
Proposal for the Design of the Southern Section of the Central Blvd. Canal. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
6. Motion to Approve: Proposal for Construction Support of the Stormwater
Baffle Box Installation at Central Blvd.
Mayor Randels clarified that this project was eligible for a Florida Department of
Environmental Project 319 Grant. Mr. John Peker, City Engineer, stated a 90 -day
timeframe for completion. Mr. Ratliff noted that this project would require three baffle
boxes and he replied to Mayor Randels that baffle boxes did not reduce the flow of water
in a storm drain. Mr. Pekar replied that the 90 -days followed the initial 60 -day review
period. Mr. Ratliff clarified that ordering the boxes would follow the shop drawing reviews.
Mr. Peker explained how the Army Corps of Engineers was involved in tributary water
projects as a part of the Nationwide Waters Permitting. Mr. Pekar stated that this type of
project related to water quality. He related on the pollutants present in stormwater and
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 11 of 14
how the Baffle Boxes were a preventative water quality measure. Mr. Pekar stated the
difficulty of obtaining a FDEP Permit to pump water over the dunes to the ocean and
commended City Staff for their exemplary efforts to obtain one.
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Approve the Proposal for Construction Support of the Stormwater Baffle Box
Installation at Central Blvd in the Amount of $13,200 to Stottler, Stagg and
Associates, Inc. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and
Ms. Roberts, For.
7. Motion to Approve: School Resource Officer Agreement with the City of
Cocoa Beach.
Mayor Randels informed that this year's Contract covered 292 students, or 20 percent of
the Cocoa Beach Jr. / Sr. High School students who live in Cape Canaveral. The Brevard
County School Board pays 50 percent of this cost.
A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve a
School Resource Officer Agreement with the City of Cocoa Beach in the Amount
of $5,730. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for
the Quarter Ending June 30, 2008.
Andrea Bowers, City Treasurer, brought the County's report related to their Fund B State
Board Administration [SBA] Investments to the municipalities as payment for recently
collected taxes to Council's attention. A transfer of approximately $50,000, which was
owed from Internet Sales Taxes, a portion was provided to the municipality in cash;
however, the remaining $49,000 was transferred to an SBA Fund Account. Ms. Bowers
stated that this was a countywide issue. Mr. Petsos stated that this could be addressed at
the upcoming Space Coast League of Cities meeting.
Ms. Bowers reported a minimal increase in Fire Inspection Fees and in Brevard County
Emergency Medical Service. Parking ticket funds were now tracked separately for future
decision making. Funds were returned from the Police and Fire contracts. Ms. Bowers
noted reduced Revenues offset by Cash Forward to pay for some Capital used. Ms.
Bowers clarified that there was no longer a second position for an Administrative Assistant
for the City Manager's office. Ms. Bowers stated that the Long Point Road project was not
funded in the current 2007/ 2008 Budget. Ms. Bowers informed that the final Budget
Transfer would come to the Council in the form of an Ordinance.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 12 of 14
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the
Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30,
2008. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
9. Motion to Approve: Interlocal Agreement for Public School Facility Planning.
Mr. Matt Boerger, of Miller Legg and Associates, informed how due to the submittals of
other municipalities, the Council needed to address an amended plan based on the State
of Florida, Department of Community Affairs concerns. The changes included: 1) using
the Department of Educations' Capital Outlay Full -Time Equipment projections and, 2) the
City would implement the Concurrency Management System in the Land Development
Regulations as soon as the School Element was adopted. Mayor Randels noted the
inclusion of using the Florida Inventory of School Houses. Ms. Roberts noted, for the
record, a depiction of a process flow chart on Page 46 of the document.
Mr. Boerger replied to Mayor Randels that if the City did not adopt the Public School
Facility Plan, then the State would find the City noncompliant and would place a
moratorium on any further Comprehensive Plan Amendments. Ms. Roberts referred to the
language on Page 9, under Section 5.3, which stated that the School Board would provide
the local government of jurisdiction an opportunity to agree. Ms. Roberts asked if this
were an add-on. Mr. Boerger affirmed that it was an add-on and stated that this language
was standard to all the municipalities. He added that the City of Cape Canaveral was
given specific language to include the residential short-term population who were not
included in the student population.
Mr. Garboski questioned the student population relative to approving this Agreement. Mr.
Boerger replied that his question would be answered in the next item.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Interlocal Agreement for Public School Facility Planning. The vote
on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
ORDINANCE: First Public Hearing:
10. Motion to Approve: Ordinance No. 09-2008; Adopting a Public School
Facilities Element.
Attorney Garganese read Ordinance No. 09-2008 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVRAL, BREVARD
COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
MANEDMENT ESTABLISHING A PUBLIC SCHOOL FACILITIES ELEMENT AND
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 13 of 14
AMENDING THE CAPITAL IMPROVEMENTS, INTERGOVERNMENTAL COORDINATION
AN DFUTURE LAND USE LEMENTS CONSISTENT WITH THE REQUIREMENTS OF
CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
COMPREHENSIVE PLAN, AN EFFECTIVE DTAE AND LEGAL STATUS OF THE PLAN
AMENDMENTS.
Mayor Randels explained how adopting this plan would allow for a level of service and
adopting the Public School Facilities Element would even out the student population by
changing the boundary lines. Mr. Boerger stated that this Public School Facilities Element
affects other elements in the Comprehensive Plan. Mayor Randels mentioned how
Schools of Choice do not have boundaries; however, changing the boundary lines would
allow for 100 percent capacity and forego the need to build additional schools. Mr.
Boerger concluded that it was the school's obligation to meet the concurrency requirement
and build more schools. As a result, the City would also need to adopt the school's 5 -year
financial feasibility plan. Mr. Petsos informed that another school would establish an
International Baccalaureate Program which at this time is open to many out -of -area
students.
There was no public comment.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 09-2008 at First Reading. The vote on the motion carried
5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr.
Petsos, For; Mayor Randels, For and Ms. Roberts, For.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to
Extend the Meeting to 10:15 P.M. The vote on the motion carried 5-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For and Ms. Roberts, For.
DISCUSSION:
11. Cape Canaveral Lessons Learned as a Result of Fay.
Ms. Roberts stated her intent of this discussion was to obtain goals in a summary format of
the City Staff's planned improvements in the aftermath of Tropical Storm Fay. Mr.
Boucher encouraged Ms. Roberts to review his Storm Report for complete staff coverage.
He explained how on Monday, Tuesday, and Wednesday there was nothing to report due
to the prevailing easterly winds. However, the City's flooding problems began when the
wind changed to a westerly direction on Thursday. Ms. Roberts related on how the
Solana/ Shorewood community expressed their feeling of isolation due to the lack of
information in television news coverage about the Cape Canaveral area. Mr. Boucher
stated that he conveyed community alert messages through the Brevard County
Emergency Operations Center and they in turn published news announcements as
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
September 2, 2008
Page 14 of 14
needed. Ms. Roberts suggested that Council Members provide the City Manager with
their individual input in the storm's aftermath. Ms. Roberts also brought out the need for
clarity on the roles and responsibilities of City staff in conjunction with Law Enforcement
and Fire Rescue Services.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:15 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consent
Item
3
No.
Resolution No. 2008-21
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2008-21 APPOINTING A REGULAR MEMBER TO THE
BOARD OF ADJUSTMENT
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2008-21, appointing John Bond as a regular member of the
Board of Adjustment.
Summary Explanation & Background:
Term will expire 10-01-2011.
Exhibits Attached:
Resolution No. 2008-21
City Mana ffice/ ,
Department LEGISLATIVE
`mit\k' \m ents\a meeting\zuua\vy-lb-ub\Zuuo-u.aoc
RESOLUTION NO. 2008-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11-
2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape
Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint
a Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. John Bond is hereby appointed as a regular member of the Board of Adjustment of
the City of Cape Canaveral, Florida, with term to expire on October 1, 2011.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Florida this 16th day of September, 2008.
ATTEST:
Rocky Randels, Mayor
Name For Against
Susan Stills, City Clerk Robert Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Approved as to Form:
Anthony A. Garganese, City Attorney
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consent
Item
q
No.
Resolution No. 2008-22
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2008-22 APPOINTING AN ALTERNATE MEMBER TO THE
CODE ENFORCEMENT BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2008-22, appointing Ralph Lotspeich as an alternate
member of the Code Enforcement Board.
Summary Explanation & Background:
Term will expire 10-01-2011.
Exhibits Attached:
Resolution No. 2008-22
City ManaOffice
Department LEGISLATIVE
t\k' \ ments\admin c il\meeting\2008\09-16-08\2008-22.doc
RESOLUTION NO. 2008-22
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO
THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 2-256 created a Board known as the Code Enforcement Board of the City of Cape
Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to
appoint an Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Ralph Lotspeich is hereby appointed as an Alternate Member of the Code
Enforcement Board of the City of Cape Canaveral, Florida, with a term to expire on October 1,
2011.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of
September, 2008.
ATTEST:
Rocky Randels, MAYOR
Burt Bruns
Susan Stills, CITY CLERK Bob Hoog
Leo Nicholas
APPROVED AS TO FORM:
Buzz Petsos
Rocky Randels
Anthony Garganese, CITY ATTORNEY
FOR AGAINST
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consent
Item
5
No.
Resolution No. 2008-23
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2008-23 REAPPOINTING REGULAR MEMBERS TO THE
CODE ENFORCEMENT BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2008-23, reappointing Charles Biederman, Walter
Godfrey, Jr. and Raymond Viens as regular members of the Code Enforcement Board.
Summary Explanation & Background:
Terms will expire 10-01-2011.
Exhibits Attached:
Resolution No. 2008-23
City Ma��ef'`Office
Department LEGISLATIVE
-nt\k m ocuments\admi
1\meeting\2008\09-l6-0e\2008-1:i.doc
RESOLUTION NO. 2008-23
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CODE ENFORCEMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by
Ordinance No. 22-83 created a Board known as the Code Enforcement Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to reappoint 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. Charles Biederman, Walter Godfrey. Jr. and Raymond Viens are
hereby reappointed as Regular members of the Code Enforcement Board of the City of
Cape Canaveral with terms to expire on October 1, 2011.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day
of September, 2008.
ATTEST:
Susan Stills, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
Robert Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
For Against
mi . L_at i IMAVnnn e
PO Box 1086
Cape Canaveral, FL 32920
Dear Mr. McMillin:
City of Cape Canaveral
Your term on the Board of Adjustment expires on October 1, 2008. Please check
the box that indicates your desire to continue to serve on the Board for another 3 -year
term and return this notice to your Board Secretary or the City Clerk. The resolution to
re -appoint you as a Board member is scheduled to appear on the City Council Agenda
of Tuesday, September 16, 2008.
Thank you.
❑ ' 1 DO wish to be considered for reappointment
.XI DO NOT wish to be considered for reappointment.
--%` -
�gc.�.. (Signature)
Earl McMillin, Memb r
Sincerely,
Susan Stills, CMC
CITY CLERK
SS/mg
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
MI. v114211Cs a1Cuc11114211
504 Fillmore Ave, Apt B8
Cape Canaveral, FL 32920
Dear Mr. Biederman:
City of Cape Canaveral
Your term on the Code Enforcement Board expires on October 1, 2008. Please
check the box that indicates your desire to continue to serve on the Board for another 3
-year term and return this notice to your Board Secretary or the City Clerk. The
resolution to re -appoint you as a Board member is scheduled to appear on the City
Council Agenda of Tuesday, September 16, 2008.
Thank you.
r
�I DO wish to be considered for reappointment
❑ 1, DO NOT wish to be considered for reappointment.
(Signature)
Charles Biederman, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
SS/mg
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
August 25, 2008
Mr. Walter P. Godfrey, Jr.
433 Johnson Ave.
Cape Canaveral, FL 32920
Dear Mr. Godfrey:
City of Cape Canaveral
Your term on the Code Enforcement Board expires on October 1, 2008. Please
check the box that indicates your desire to continue to serve on the Board for another 3
-year term and return this notice to your Board Secretary or the City Clerk. The
resolution to re -appoint you as a Board member is scheduled to appear on the City
Council Agenda of Tuesday, September 16, 2008.
Thank you.
Walter P.
Sincerely,
r
Susan Stills, CMC
CITY CLERK
SS/mg
for reappointment
for reappointment.
(Signature)
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
1VII. rNuyl l cul lu V w1 lb
5801 N. Banana River Blvd., #945
Cape Canaveral, FL 32920
Dear Mr. Viens:
City of Cape Canaveral
Your term on the Code Enforcement Board expires on October 1, 2008. Please
check the box that indicates your desire to continue to serve on the Board for another 3
-year term and return this notice to your Board Secretary or the City Clerk. The
resolution to re -appoint you as a Board member is scheduled to appear on the City
Council Agenda of Tuesday, September 16, 2008.
Thank you.
X I DO wish to be considered for reappointment
❑ 1 DO NOT wish to be considered for reappointment.
(Signature)
R and en ,ember
Sincerely,
Susan Stills, CMC
CITY CLERK
SS/mg
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
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consent
[tem
6
No.
Resolution No. 2008-24
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2008-24 REAPPOINTING A REGULAR MEMBER TO THE
LIBRARY BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2008-24, reappointing Jean Deck as a regular member of
the Library Board.
Summary Explanation & Background:
Term will expire 10-01-2011.
Exhibits Attached:
Resolution No. 2008-24
City Mana •' ffice
Department LEGISLATIVE
c im m ments\admin\c uncil\meeting\2008\09-16-08\2008-24.doc
RESOLUTION NO. 2008-24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Chapter 46-26 created a Board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral
to reappoint a Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Jean Deck is hereby reappointed as a Regular Member of the Library
Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2011.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16"' day of
September, 2008.
ATTEST:
Susan Stills, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
Robert Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
For Against
ms. jean uecK
8494 Ridgewood Ave., #4205
Cape Canaveral, FL 32920
Dear Ms. Deck:
City of Cape Canaveral
Your term on the Library Board expires on October 1, 2008. Please check the box
that indicates your desire to continue to serve on the Board for another 3 -year term and
return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint
you as a Board member is scheduled to appear on the City Council Agenda of Tuesday,
September 16, 2008.
Thank you.
PI DO wish to be considered for reappointment
I DO NOT wish to be considered for reappointment.
(Signature)
an Deck, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
SS/mg
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
mr. fames r�. tsrown
8700 Ridgewood Ave, B301
Cape Canaveral, FL 32920
Dear Mr. Brown:
City of Cape Canaveral
Your term on the Library Board expires on October 1, 2008. Please check the box
that indicates your desire to continue to serve on the Board for another 3 -year term and
return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint
you as a Board member is scheduled to appear on the City Council Agenda of Tuesday,
September 16, 2008.
Thank you.
❑ I DO wish to be considered for reappointment
Pill', DO NOT wish to be considered for reappointment.
'_,e,y' =' (Signature)
Ja es K. Brown, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
SS/mg
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
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Consent
Item
7
No.
Exhibits Attached:
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR FALL FESTIVAL AT
MANATEE SANCTUARY PARK, SATURDAY, OCTOBER 11, 2008, 11 AM TO 4
PM
DEPT/DIVISION: PARKS & RECREATION
Requested Action:
City Council consider the approval of an outdoor entertainment permit for the Fall Festival at Manatee
Sanctuary Park on October 11th, as requested by the parks & recreation director.
Summary Explanation & Background:
See attached memo.
I recommend approval.
Exhibits Attached:
Recreation director's memo; permit; flyer
City Mana ffice .-----)
Department PARKS & RECREATION
Menw
TO: Bennett Boucher, City Manager
Fr rm Robert Lefever, Parks & Recreation
Department �
CC: Mayor Randels & City Council Members
Date: September 8, 2008
Ree Outdoor Entertainment Permits
Bennett,
The Parks & Recreation Department will be hosting the annual Fall Festival on Saturday,
October 11, 2008 at Manatee Park from 11:00 am to 4:00 pm. We will be celebrating the
city's 45"' anniversary by displaying decorations, banners & giving away commemorative
frisbees to everyone in attendance. Other activities will include a DJ, bounce houses, face
painting, balloon art, games, food, a rummage sale, a bake sale & a prize drawing to benefit
the National Kidney Foundation.
We will also be hosting the annual Monster Mash Halkyween Street Dance on Thursday,
October 30, 2008 at the City Hall Annex Parking Lot from 6:30 pm to 8:00 pm. Activities will
include a costume contest, prizes, goodie bags, DJ & refreshments. We are requesting that
Taylor Ave. be closed east of Atlantic Ave. & west of Poinsettia Ave.
We are requesting outdoor entertainment permits for both events & that any & all fees be
waived.
Thanks,
Robert Lefever
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR EN'TERTAINMEN'T PERIMIT
Date: P o
The applicant or representative agrees to be on site at all tlnles cinpo4lered with authority over all aspects
of the event and empowered to act for the applicant.
--X41Name of Applicant: 0
Firm: el
w / /
Address: 7i1fi/ N
E-Mail:�e G
Telephone: I'AX:
Local Contact:_ - q�a t/e - - Title:
Local Address (if different from above)
Type of Event:_ / �P Z�r-�yQ /
Will Alcoholic Beverages Be Served on the Premises? YES NO
Event Date(s) in Cape Canaveral:
tG'��o1e.-oo,- --d0�
Location(s): Date(s) Time
AG/ —40-1-w
L°�/.i
a'c
/G}w�n� fd Otrrt°�j N� iGnaC ll �P% �-dvrl st /G
Attach map(s) in( Mating event area and designated park ig areas.
[]Traffic Control ❑Use of Police/Fire Rescue Equipment
❑Street Closing ❑Vehicles/Equipment on Beach
❑Other ❑Vehicle Parking on City Property
Specify:
e, 1^0ee
If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Revised 03-22-07
1. INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits
of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: QG , O "/ ! Policy No
Expiration Date:_ `)/ fQ Za 9
11. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
a/ Date y / d�
Applicant or Rep esentative/Title -777
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 868-1230
Fax: (321) 868-1224
T
FALL FESTIVAL
Saturday, October 11, 2008
11:00 a.m. — 4:00 p.m.
Manatee Sanctuary Park
701 Thurm Boulevard
CELEBRATE THE CITY OF CAPE CANAVERAL'S 45TH ANNIVERSARY
FREE COMMEMORATIVE FRISBEES FOR EVERYONE
ENTERTAINMENT CAPE VIEW PTO
• Celebration's DJ • Rummage Sale
• Bounce House To Benefit K -Kids
• Obstacle Course • Bake Sale
• Face Painting To Benefit K -Kids
• Giant Slide • Prize Drawing — To Benefit
• Games
National Kidney Foundation
• Balloon Art
SN_
• Pop Corn - $.50
• Snow Cones - $.50 1
• Soda - $1.00
• Hot Dogs - $1.50
For more information please call the
Recreation Complex at 868-1226.
'These materials are neither sponsored by nor endorsed by the Board, its agents, or its errO"es. The views and the information
contained in the materials are not an egression of the opinion, belief, or policy of the Board, the District, and/or the administration."
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consent
Item
8
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE HALLOWEEN
STREET DANCE IN THE ANNEX PARKING LOT, THURSDAY, OCTOBER 30,
2008, 6:30 PM TO 8 PM
DEPT/DIVISION: PARKS & RECREATION
Requested Action:
City Council consider the approval of an outdoor entertainment permit for the Halloween Street Dance in the
Annex Parking Lot on October 30th, as requested by the parks & recreation director.
Summary Explanation & Background:
See attached memo.
I recommend approval.
Exhibits Attached:
Recreation director's memo; permit; flyer
City Mana O
Department PARKS & RECREATION
cap t m my ments\actmin\council\meeting\zuuu\uy-lb-uu\nallowe enpermiL.aoc
TO: Bennett Boucher, City Manager �L
Fmm Robert Lefever, Parks & Recreation Department `✓
CC; Mayor Randels & City Council Members
Dmw September 8, 2008
Re: Outdoor Entertainment Permits
Bennett,
The Parks & Recreation Department will be hosting the annual Fall Festival on Saturday,
October 11, 2008 at Manatee Park from 11:00 am to 4:00 pm. We will be celebrating the
city's 4e anniversary by displaying decorations, banners & giving away commemorative
frisbees to everyone in attendance. Other activities will include a DJ, bounce houses, face
painting, balloon art, games, food, a rummage sale, a bake sale & a prize drawing to benefit
the National Kidney Foundation.
We will also be hosting the annual Monster Mash Halloween Street Dance on Thursday,
October 30, 2008 at the City Hall Annex Parking Lot from 6:30 pm to 8:00 pm. Activities will
include a costume contest, prizes, goodie bags, DJ & refreshments. We are requesting that
Taylor Ave. be closed east of Atlantic Ave. & west of Poinsettia Ave.
We are requesting outdoor entertainment permits for both events & that any & all fees be
waived.
Thanks,
Robert Lefever
& Recreation
Parks
Department
TO: Bennett Boucher, City Manager �L
Fmm Robert Lefever, Parks & Recreation Department `✓
CC; Mayor Randels & City Council Members
Dmw September 8, 2008
Re: Outdoor Entertainment Permits
Bennett,
The Parks & Recreation Department will be hosting the annual Fall Festival on Saturday,
October 11, 2008 at Manatee Park from 11:00 am to 4:00 pm. We will be celebrating the
city's 4e anniversary by displaying decorations, banners & giving away commemorative
frisbees to everyone in attendance. Other activities will include a DJ, bounce houses, face
painting, balloon art, games, food, a rummage sale, a bake sale & a prize drawing to benefit
the National Kidney Foundation.
We will also be hosting the annual Monster Mash Halloween Street Dance on Thursday,
October 30, 2008 at the City Hall Annex Parking Lot from 6:30 pm to 8:00 pm. Activities will
include a costume contest, prizes, goodie bags, DJ & refreshments. We are requesting that
Taylor Ave. be closed east of Atlantic Ave. & west of Poinsettia Ave.
We are requesting outdoor entertainment permits for both events & that any & all fees be
waived.
Thanks,
Robert Lefever
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLOIUDA
APPLICATION FOR SPECIAL OUTDOOR EN'T'ERTAINMENT PERMIT
Date: % G�
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.
Name of Applicant:— S� — �� /A/ t"- -- fide:G/P�/p✓1
Firm: 6Gle
Address:_? O /U•
E -Mai 1:,4/-e C// -----
Telephone: �_/� - FAX:
Local Contact: kf e �a U G _ Title:
Local Address (if different prom above)
Type of Event:_/�O/1S�U/ ,&�IeW
Will Alcoholic Beverages Be Served on the Premises? YES NO (/
Event Date(s) in Cape Canaveral:-,?I-'-'r//'?V'd�/'4/ e"/ CfQ �d4'
Location(s):
If
Date(s)
'rime
i / Armex
Aim
—co;"00 �
�lTIn e Gdr�f� SL, .�ii�-e
�90o�ie
Attach map(s) indicating event area and designated parking areas.
❑Tr Ic Control
[]Use of Police/Fire Rescue Equipment
06freet Closing
❑Vehicles/Equipment on Beach
[]Other
❑Vehicle Parking on City Property
%
Specify:
/I/C.
l/nsr°k
die
Ale-
if applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Revised 03-22-07
INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits
of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: /&Qe, 09�f of Policy No:
Expiration Date: -V-O?
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
Ill. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
AY P, /// rata J/
,"� ZAi�w�= %e <ifd✓ Date_
pplicant or R resentative/ itle
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 868-1230
Fax: (321) 868-1224
7 (URsp#Y
OCTOBER 301 MOB
6:30 PM -6:00 PM
C71Y HALL ANNEX PARKiNq LOT
TAYLOR ft POiNS77A AVENUES
A MMO N is FREE
> 40
Come join us for a night of star fun. 7 F ere will 6 a costume contest ft a Mance contest
for kits 12 ft unter. Bootie fags for all kits! Sotas a snacks will fie Mil -Ale for .50
FOR MORE IMFORMATiON CALL 7- (E RECREKIOP COMPLEX AT 868-1226
'These materials are nedw sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information
contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or the administration."
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Consideration
Item
9
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: SECOND AMENDMENT TO THE INTERLOCAL
AGREEMENT FOR CREATION OF THE SPACE COAST TRANSPORTATION
PLANNING ORGANIZATION
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of the second amendment to the interlocal agreement for creation of the
Space Coast Transportation Planning Organization.
Summary Explanation & Background:
This amendment changes the name from - Brevard Metropolitan Planning Organization to - Space Coast
Transportation Planning Organization.
I recommend approval.
Exhibits Attached:
Second Amendment
City Mana Offic
Department LEGISLATIVE
L--1,
e- i m d ents\admin council\meeting\2008\09-16-08\sctpo.doc
THIS INSTRUMENT RETURN TO:
Bob Kamm, Staff Director
Brevard Metropolitan
Planning Organization
Brevard County Government
Center - Bldg. B-105
2725 Judge Fran Jamieson Way
Viera, FL 32940
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III,
General Counsel
Brevard Metropolitan
Planning Organization
2220 Front Street - #204
Melbourne, FL 32901
SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT FOR CREATION OF THE
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION
f/k/a BREVARD METROPOLITAN PLANNING ORGANIZATION
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT is
made and entered into this day of
2008, by and between the FLORIDA DEPARTMENT OF
TRANSPORTATION; the COUNTY OF BREVARD; the CITY OF CAPE
CANVERAL, Florida; CITY OF COCOA, Florida; CITY OF COCOA
BEACH, Florida; TOWN OF INDIALANTIC, Florida; CITY OF
INDIAN HARBOUR BEACH, Florida; CITY OF MELBOURNE, Florida;
TOWN OF MELBOURNE BEACH, Florida; CITY OF PALM BAY,
Florida; CITY OF ROCKLEDGE, Florida; CITY OF SATELLITE
BEACH, Florida; CITY OF TITUSVILLE, Florida; CITY OF WEST
MELBOURNE, Florida; and CANAVERAL PORT AUTHORITY.
RECITALS
WHEREAS, pursuant to the authority of 23 United States
Code 134 and 49 United States Code 5303 and Section
339.175, Florida Statutes, the Brevard Metropolitan
Planning Organization ("MPO") was created;
WHEREAS, the creation of the Brevard Metropolitan
Planning Organization became effective by execution and
filing with the Brevard County Clerk of the Circuit Court
of an Interlocal Agreement creating the Brevard
Metropolitan Planning Organization (the "Interlocal
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
1
Agreement");
WHEREAS, the aforesaid Interlocal Agreement was
recorded on February 21, 2005, in Official Records Book
5425, Page 144, Public Records of Brevard County, Florida,
as re-recorded on May 12, 2006, in Official Records Book
5644, Page 5967, Public Records of Brevard County, Florida;
WHEREAS, the aforesaid Interlocal Agreement was amended
by that certain First Amendment to Interlocal Agreement
recorded on September 13, 2006, in Official Records Book
5696, Page 8801, Public Records of Brevard County, Florida;
WHEREAS, the parties to the Interlocal Agreement have
determined that the name of the organization does not
properly portray to the general public the purpose for
which the Metropolitan Planning Organization was created;
WHEREAS, in an effort to more accurately portray to the
community the purpose for which the Metropolitan Planning
Organization was created, the parties to the Interlocal
Agreement find it to be in the public interest to
effectuate a change of name to the Metropolitan Planning
Organization.
WHEREAS, the Brevard Metropolitan Planning Organization
approved this Agreement at a duly called and properly
advertised meeting on September 11, 2008;
WHEREAS, the MPO proposes to amend Section 3.01 of the
Interlocal Agreement to provide for the legal name of the
Brevard Metropolitan Planning Organization to be changed to
the Space Coast Transportation Planning Organization;
WHEREAS, Section 7.02 of the Interlocal Agreement
provides that:
Section 7.02. Amendment of
Agreement. Amendments or
modifications of this Agreement may
only be made by written agreement
signed by all parties here to with
the same formalities as the
original Agreement. No amendment
may alter the apportionment or
jurisdictional boundaries of the
MPO without approval by the
Governor; and
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
2
WHEREAS, the parties have determined that this
Interlocal Agreement is consistent with the requirements of
Sections 163.01 and 339.175, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual
covenants, promises, and representation herein, the parties
desiring to be legally bound, do agree as follows:
Section 1. Recitals. Each and all of the foregoing
recitals are hereby incorporated herein and acknowledged to
be true and correct to the best of the parties' knowledge.
Failure of any of the foregoing recitals to be true and
correct shall not operate to invalidate this Agreement.
Section 2. Definitions. The definitions utilized in
the Interlocal Agreement Creating the Brevard Metropolitan
Planning Organization recorded on February 21, 2005, in
Official Records Book 5425, Page 144, Public Records of
Brevard County, Florida, as re-recorded on May 12, 2006, in
Official Records Book 5644, Page 5967, Public Records of
Brevard County, Florida, as amended by that certain First
Amendment to the Interlocal Agreement Creating the Brevard
Metropolitan Planning Organization recorded on September
13, 2006, in Official Records Book 5696, Page 8801, Public
Records of Brevard County, Florida (herein: the
"Interlocal Agreement"), shall apply to this Second
Amendment to Interlocal Agreement for Creation of the Space
Coast Transportation Planning Organization f/k/a Brevard
Metropolitan Planning Organization (unless the context
shall clearly indicate the contrary).
Section 3. Sections 2.01 and 3.01 of the Interlocal
Agreement is hereby amended as set forth below. Wording
underlined is wording added to Sections 2.01 and 3.01, and
wording 9tTieken- l=ihi is wording deleted from Sections
2.01 and 3.01, as follows. Sub -sections of Section 2.01
and 3.01 not included below remain unamended.
Section 2.01. General Purpose. The purpose
of this Agreement is to establish the Space
Coast Transportation Planning Organization
(a) To assist in the development of
transportation systems embracing various
modes of transportation in a manner that will
maximize the mobility of people and goods
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
3
within and through this metropolitan area of
this state and minimize, to the maximum
extent feasible for transportation -related
fuel consumption and air pollution;
(b) To develop transportation plans and
programs, in cooperation with the Department,
which plans and programs provide for the
development of transportation facilities that
will function as multi -modal and an
intermodal transportation system for the
metropolitan area;
(c) To implement and ensure a
continuing, cooperative, and comprehensive
transportation planning process that results
in coordinated plans and programs consistent
with the comprehensively planned development
of this affected metropolitan area in
cooperation with the Department;
(d) To assure eligibility for the
receipt of Federal capital and operating
assistance pursuant to 23 U.S.C. 34 and 49
U.S.C. 5303, 5304, 5305 and 5306; and
(e) To carry out the metropolitan
transportation planning process, in
cooperation with the Department, as required
by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304,
5305 and 5306; 23 CFR 420 and 450, and 49 CFR
Part 613, Subpart A: and consistent with
Chapter 339, Florida Statutes, and other
applicable state and local laws.
Section 3.01. Establishment of MPO. The MPO
for the metropolitan area as described in the
membership apportionment plan approved by the
Governor is hereby created and established
pursuant to the Agreement to carry out the
purposes and functions set forth in Articles
2 and 5. The legal name of this Metropolitan
Planning Organization shall be Space Coast
Transportation Planning Organization Bi-evara
Section 4. Effective Date of Name Change. The change
of name from the "Brevard Metropolitan Planning
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
0
Organization" to the "Space Coast Transportation Planning
Organization" shall be effective on January 1, 2009, or
upon the recording in the Public Records of Brevard County,
Florida, of this fully executed Second Amendment to the
Interlocal Agreement for Creation of the Space Coast
Transportation Planning Organization f/k/a Brevard
Metropolitan Planning Organization, whichever event shall
occur second in time.
Section 5. Continuance and Effect of all Legal
Documents, Rules, Obligations, and Other Matters. The
change of name shall have no effect on the existence of the
Metropolitan Planning Organization currently in existence
and operating within Brevard County on the date of adoption
of this Second Amendment to the Interlocal Agreement other
than to change the name of said Metropolitan Planning
Organization. The title, rights, and ownerships of any
property, real or personal, uncollected revenues, dues,
claims, judgments, decrees, and choses in action, held or
owned by the Brevard Metropolitan Planning Organization
shall pass to and be vested in the Space Coast
Transportation Planning Organization. No obligation or
contracts of the said Brevard Metropolitan Planning
Organization shall be impaired or voided by this Agreement,
but such debts and obligations shall pass to, and be
binding upon, the Space Coast Transportation Planning
Organization. All officers heretofore elected or
appointed, and holding office under the said Brevard
Metropolitan Planning Organization shall continue to hold
their respective office and to discharge the respective
duties thereof until their successors are elected and
confirmed under the provisions of the rules and procedures
of the Brevard Metropolitan Planning Organization, as the
same may be revised by the Space Coast Transportation
Planning Organization, and all existing resolutions and
acts of the said Metropolitan Planning Organization shall
continue in effect and unimpaired until repealed, amended,
or modified by the Space Coast Transportation Planning
Organization.
Section 6. Drafters of Agreement. It is the desire
and intent of the signatories hereto that no provision
hereof should be more strongly construed against any party
as the drafter of this Agreement.
Section 7. Severability. Invalidation of any one of
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
5
the provisions of this Agreement or any part, clause or
word hereof, or the application thereof in specific
circumstances, by judgment, court order, or administrative
hearing or order shall not affect any other provisions or
applications in other circumstances, all of which shall
remain in full force and effect; provided, that such
remainder would then continue to conform to the terms and
requirements of applicable law.
Section 8. Agreement execution; Use of counterpart
signature pages. This Agreement may be simultaneously
executed in several counterparts, each of which so executed
shall be deemed to be an original, and such counterparts
together shall constitute one and the same instrument.
Section 9. Effective date; Cost of recordation.
(a) Effective date.
Interlocal Agreement
in the Office of the
County.
This Second Amendment to the
shall become effective upon its filing
Clerk of the Circuit Court of Brevard
(b) Recordation. The Brevard Metropolitan
Planning Organization a/k/a the Space Coast Transportation
Planning Organization hereby agrees to pay for the costs of
recordation or filing of this Agreement in the Office of
the Clerk of Circuit Court for Brevard County. The
recorded or filed original hereof, or any amendment, shall
be returned to the The Brevard Metropolitan Planning
Organization a/k/a the Space Coast Transportation Planning
Organization for filing in its records.
IN WITNESS WHEREOF, the undersigned parties have
executed this Second Amendment to the Interlocal Agreement
for the Creation of the Space Coast Transportation Planning
Organization f/k/a the Brevard Metropolitan Planning
Organization on behalf of the referenced legal entity.
Signed, Sealed and Delivered
in the presence of:
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
0
BREVARD COUNTY BOARD OF
COUNTY COMMISSIONERS
Chairman
Brevard County Clerk Date Approved by Board of
County Commissioners:
2008
ATTEST:
Clerk, Board of County
Commissioners
Dated Executed:
(SEAL)
W4111100
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
7
IN WITNESS WHEREOF, the undersigned parties have
executed this Second Amendment to the Interlocal Agreement
for the Creation of the Space Coast Transportation Planning
Organization f/k/a Brevard Metropolitan Planning
Organization on behalf of the referenced legal entity.
Signed, Sealed and Delivered
in the presence of:
CANAVERAL PORT AUTHORITY
Chairman
Date Approved by Port
Authority Governing Board:
, 2008
Attest: Date Executed:
2008
(SEAL)
Clerk
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
3
IN WITNESS WHEREOF, the undersigned parties have
executed this Second Amendment to the Interlocal Agreement
for the Creation of the Space Coast Transportation Planning
Organization f/k/a Brevard Metropolitan Planning
Organization on behalf of the referenced legal entity.
Signed, Sealed and Delivered
in the presence of:
ATTEST:
City Clerk
its
CITY OF CAPE CANAVERAL,
FLORIDA, a Florida Municipal
Corporation
, its
Date Approved by City Council:
, 2008
Date Executed:
(CITY SEAL)
Brevard MPO/Interlocal Agreement creating Brevard MPO Second Amd 8/28/08
X,
Meeting Type: Regular
Meeting Date: 09-16-08
AGENDA
Heading
Discussion
Item
10
No.
Discussion only.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: FIRE STATION
DEPT/DIVISION: PUBLIC SAFETY/FIRE
Requested Action:
City Council to review and comment on the fire house building addition and renovation costs in the amount of
$2,906,644 and land purchase of $750,000 totaling $3,656,644.
Summary Explanation & Background:
In preparation for the final millage rate vote on 09/22/08 that will set the fire/rescue service millage rate at.
1.2715 mills, an overview of the project and costs are provided with a timeline of implementation.
Discussion only.
Exhibits Attached:
ADG Project Cost and Timeline
City Manager' Mce
Department Public Safety/Fire
ca m y ments\admin\counci meeting\2008\09-16-08\firestation.doc
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