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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 rr 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 C6 S 00 -• - M M > O O O 69 69 69 69 64 bR 69 69 -54 cr ctj bOA y c3 U vi cA bOA by pO H '. Cf) 0� 0 3 W cd 6N4- t bN9 _ Q Q Ncn _ Q N O O ci Q 113 o C'wO4. ori' �i >;:s �+- Ln V)cn y O Q 4 U R CC " M bA M �+ O M U y O V O O O �n N ..�. 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