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Home My WebLink AboutPacket 02-19-2008 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Manager City Council AUDIENCE TO BE HEARD: ;ity of Cape Canaveral NCIL REGULAR MEETING ITY HALL ANNEX nue, Cape Canaveral, Florida TUESDAY 'ebruary 19, 2008 7:00 PM AGENDA Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: City Council Regular Meeting Minutes of February 5, 2008. 2. Proclamation in Honor of Irish -American Heritage Month. ORDINANCES: First Public Hearing: 3. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. 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 pity of Cape Canaveral, Florida City Council Regular Meeting Agenda February 19, 2008 Page 2 of 2 CONSIDERATIONS: 4. Motion to Approve: Quarterly Budget Report and Transfers. 5. Motion to Approve: Replica Space Shuttle Purchase. 6. Motion to Approve: Transit Shelter License Agreement with 20/20 Media Holdings, Inc. DISCUSSION: 7. Dumpster Condition Provisions. 8. Temporary Off -Premises Signs. 9. Central Canal Area. 10. Community Redevelopment Agency Presentation. REPORTS: Staff ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: 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 Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley City Planner Todd Peetz Recreation Director Robert Lefever REPORTS: City Manager Mr. Boucher announced the Business and Cultural Development Board Professional Art Show on Friday, February 22nd and Saturday, February 23rd from 10 A.M. to 4 P.M. at the Cape Canaveral Library Meeting Room. Mr. Boucher informed that the City received a letter from the East Coast Regional Planning Council. Mr. Boucher highlighted some of the following suggestions on the City's Evaluation and Appraisal Report which was sent to the Florida Department of Community Affairs: 1) creative planning in the transportation plan could transform the City by providing alternative transportation choices City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 2 of 13 connecting to Port Canaveral and enhancing its economic redevelopment, 2) the Council supports the implementation of the mixed use category especially along the business corridor or in a business downtown district, 3) seek affordable housing opportunities, 4) consider the use of form -based Codes to obtain the property architecture, building mass, mix of uses and streetscape in the redevelopment areas, and 5) recommended participation with the group, "How Shall We Grow" committee. • Mr. Boucher informed that he worked with Florida Power and Light on burying the Ridgewood Avenue lines. The City has to first identify all of the existing utilities on the Ridgewood Avenue corridor at its own expense. It was also the City's responsibility to contact and notify all associated entities using the FPL lines for relocation purposes. The City was also responsible, at its own expense, to enter a right-of-way agreement with FPL related to the Public Service Commission tariff. FPL recommended that the City seek a Project Engineer. Ms. Roberts asked if Mr. Boucher had talked with FPL about a phased -in approach to include N. Atlantic Ave. and Central Blvd. as suggested at the previous meeting. Mr. Boucher replied that the focus was on Ridgewood Avenue at this time and the same principles would apply to N. Atlantic Avenue. • Mr. Boucher reported that the City received the redesign plans of the N. Atlantic Avenue intersection. If there were no additional comments, the plans would proceed to the Road and Bridge Department. The Review Comments were due by February 15th and a meeting was scheduled for February 271". Ms. Roberts requested a schedule. Mr. Boucher informed that adjustments were made related to a pole on the southwest side of the intersection. Ms. Roberts requested a schedule from the meeting on February 27th • Mr. Boucher reported that the Public Works Maintenance Building was in progress. • Mr. Boucher reported that the Manatee Sanctuary Park Life Trail has 5 out of the 10 Life Train stations installed. The remainder would be completed during the week. • Mr. Boucher informed that the $25,000 additional homestead under the Property Tax Amendment would remove $58 million from the City's tax roles. • Mr. Boucher informed that he received copies of the City of Satellite Beach oral history DVD and the DVD of the City of Cocoa Beach's Anniversary. Mayor Randels asked if City could obtain copies for Council and the Board members. The City Clerk would check on copyrighting prior to duplicating the material. • Mr. Boucher suggested dates for a Workshop Meeting: February 14th or February 28th. Council agreed on Thursday, February 28th for a Code Review Workshop. • Mr. Boucher recommended a meeting for Council Action Items. Council agreed on a Workshop Meeting on February 19th at 5:30 PM. • Mr. Boucher reported that he and the City Attorney would meet with the Coastal Fuels attorney in the following week. Mr. Boucher replied to Mayor Randels that a Special Exception was submitted. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 3 of 13 Staff Building Official • The Building Official announced that the Building Department officially moved to 7510 N. Atlantic Avenue. He reported that $23,600 was expended which was under the $25,000 budget. Mr. Morley welcomed a visit. Recreation Director Mr. Lefever reiterated that five of the Life Stations were operational. City Clerk • No report City Attorney • No report City Council Council Member Roberts • Ms. Roberts requested some information to help residents understand the new Appeals process such as a process flow. • Ms. Roberts addressed the possibility of a welcome center and City history museum on the property in out -parcel north of the Country Inns and Suites. • Ms. Roberts addressed the use of customer service standards to address response times related to permitting, project reviews and the clarity of City processes from a customer's viewpoint. Ms. Roberts clarified that citizens know the specific timeframe to expect a response. • Ms. Roberts addressed the need to discuss at the Council Actions Workshop a Master Calendar of Priorities to include the Visioning Session, the Space Coast League of Cities dinners and the representational meetings that Council Members attend. • Ms. Roberts asked about the status of the Green Cities application. Mr. Boucher replied that Walter Bandish and Todd Morley were evaluating the impacts of the cost to their Departments. Council Member Nicholas Mr. Nicholas referred to the number of political signs and asked how the State election laws interacted with City sign code laws. Attorney Garganese responded that the Constitution allows for campaign signs for extensive time periods. Attorney Garganese stated that a candidate is allowed to post campaign signs under the Constitution. He responded to Mr. Petsos that a City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 4 of 13 candidate, however, must be "qualified" to run for office. Attorney Garganese concluded that the adopted Sign Code would address temporary signs which addressed campaign signs. • Mr. Nicholas referred to his previous question of the name for a body of water known as the Canaveral River or Creek. Mr. Nicholas stated that the response he received was offensive in calling it a "ditch." He requested further discussion of this item at a future Council meeting or perhaps the Council Actions Workshop. • Mr. Nicholas referred to a list of grants that the Council received and questioned the time period in which the City received the grants. He requested that dates accompany the grants list. Council Member Petsos • Mr. Petsos inquired about the status of bus shelters. Mr. Ratliff replied that 20/20 Media would provide the City a packet. Mr. Ratliff would contact them again for a response. • Mr. Petsos encouraged participation in a Sea Oats Planting at 9 A.M. at Cherie Down Park on Saturday, February 16tH • Mr. Petsos inquired about a letter in response to the City's use of the Library Meeting Room. Mr. Boucher responded that the Library Board cancelled its January meeting; however, he would meet with them in February to discuss this issue. Mr. Petsos requested information prior to the Council Workshop on February 19th for planning purposes. • Mr. Petsos inquired about ad valorem taxes that the City sends to the County. Mr. Boucher replied that Commissioner Nelson was waiting for the results of the January 29th election. Mr. Petsos stated that the City sent $5.3 million dollars which did not include the $1.4 million for Mosquito Control and Library District and Environmentally Endangered Land plans. He concluded that citizens were experiencing a double tax hit. • Mr. Petsos reminded of the election for State Representative. A former Cocoa Beach Commissioner, who had a grasp on community issues, was seeking that office. Mayor Pro Tem Hoog Mayor Pro Tem Hoog inquired about the street light program. Mr. Ratliff reported on a visit from Florida Power and Light who would report back. Mr. Ratliff asked if the light should be installed or was more discussion required from the residents along Thurm Blvd. Mayor Pro Tem Hoog replied that Bayside and Bayport Drive residents were in favor of the additional lighting. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 5 of 13 Mayor Randels Mayor Randels announced the success of the Student Art Show on Saturday, February 2"d. Former City Council Member Tony Hernandez provided a $500 award for the winner. AUDIENCE TO BE HEARD: There were no concerns from the audience. CONSENT AGENDA: City Council Regular Meeting Minutes of January 15, 2008. 2. Outdoor Entertainment Permit - Brevard County Traveling Skate Park. 3. Outdoor Entertainment Permit - Space Coast Seafarers Ministry — Walk for Bibles. 4. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration. 5. Cooperative Purchase of Sanitary Sewer Lining Services. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 5 for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 4. 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. Cooperative Purchase of Sanitary Sewer Lining Services. Ms. Roberts questioned how this request fit in with the City's Master Plan. Mr. Bandish distributed further information on the Sanitary Sewer Lining Service program. Mr. Bandish explained how in 2002 the lines were cleaned, televised, and smoke tested. He pointed out how the lines were prioritized for repair. Mr. Bandish stated that roughly 30,000 feet remained to repair. Ms. Roberts referred to the distribution line map and asked if many of the systems in the City's northern part were private lines? Mr. Bandish explained how private lines connected to the City's main trunk lines. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 6 of 13 A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 5. 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. SITE PLAN: 6. Motion to Approve: Proposed Burger King Site Plan. Mayor Randels concluded that all concurrency related requirements were met. Mr. Petsos requested a bus shelter in the northeast corner of the parcel. Ms. Kirkland responded that this would require a landscaping adjustment. Mr. Bandish informed that he was working on a bus shelter with Country Inns and Suites. Staff would review the two parcels for a viable location. Mayor Randels clarified that bus shelters were allowed on private property only on State Road AIA. Mr. Ratliff responded that the awaited packet from 20/20 Media would identify the available bus shelter sites. Mayor Randels concluded that Space Coast Area Transit considers the greater area of riders. Ms. Kirkland agreed to take the bus shelter concept back to her office. Ms. Roberts requested a copy of the proposal that was sent to 20/20 media. Ms. Roberts questioned the possibility of using a 3-D architectural rendition. Ms. Kirkland responded that a 3-D rendition was labor intensive, costly and usually used for larger projects, such as a shopping center. Ms. Roberts suggested for Council to consider adding criteria that requires an additional item for a 3-D color rendering of the principal structure in City Code Section 110-222. Todd Peetz, City Planner, explained how the out parcel would not remain part of the Residence Inn. He stated that staff was working on a mechanism to change the platting Ordinance procedure to identify when a re -platting was necessary. Mr. Peetz stated that one of the Planning and Zoning Board conditions was the Lot Splitting Resolution. Ms. Kirkland requested to have Item No. 8 considered along with Item No. 6 as a related item. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Consider Item No. 8; Resolution No. 2008-03 at this time. 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 Adopt: Resolution No. 2008-03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Mayor Randels read Resolution No. 2008-03 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING A LOT SPLIT, AS A CONDITION OF SITE PLAN APPROVAL, City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 7 of 13 OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHWAY Al AND COMMONLY REFERRED TO AS "OUT PARCEL 2"; RECOGNIZING THE PROPERTY AS A SEPARATE AND DISTINCT LOT FOR DEVELOPMENT PURPOSES ONLY; PROVIDING THAT ANY FURTHER SUBDIVISION OF OUT PARCEL 2 BE INCOMPLIANCE WITH ANY APPLICABLE LAW OR ORDINANCE; LIMITING ACCESS TO AND FROM HIGHWAY A1A; PROVIDING THAT THIS RESOLUTION SHALL BE RECORDED IN THE PUBLIC RECORD OF BREVARD COUNTY AND SHALL RUN WITH THE LAND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Mr. Nicholas stated that this action was a re -platting by another name and he expressed his concern with taking action without formal platting. He asked if there were any way to go through the re -platting process after action was taken. Attorney Garganese explained how the Lot Splitting Resolution recognized this lot for development purposes and placing restrictions on the property prior to considering the Site Plan. Attorney Garganese concluded that a Lot Splitting Resolution was the most expeditious manner of addressing this issue. Mr. Nicholas stated that he did not want to set a precedent for a means of circumventing the City's existing laws. Attorney Garganese stated that the City controls Land Subdivision, subject to Florida Statutes Chapter 171. He stated that lot -splitting was an effective way to address this circumstance since the lot did not deal with the creating roads, creating townhome lots or multiple lots. Attorney Garganese stated that the action had limited application. Mr. Nicholas stated that he has seen a negative effect of a residential lot re -selling a portion of their re -platted lot; however, he realized the City had no control over conveyances. Attorney Garganese concluded that the governing body would confront any newly created lot at the time of any permit applications. Ms. Roberts asked for clarification related to the south parcel. Ms. Kirkland pointed out a cross access easement connecting to the Race Trac property. Discussion concluded that a cross access easement kept any parcel from becoming land -locked. Mr. Boucher inquired about the dumpster capacity. Ms. Kirkland replied that the dumpster would be of standard size. Mr. Boucher requested a dumpster of adequate size for a fast -foot restaurant. Ms. Kirkland stated that the identified parking in front of the dumpster was for employee parking. The owner of Extreme Fun added that he was willing to continue the easement through to the traffic light. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-03. 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 Ms. Roberts and seconded by Mayor Randels to Approve the Site Plan for Burger King with the condition of: a Resolution for a lot -split. 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 Agenda February 5, 2008 Page 8 of 13 In closing, for the record, Ms. Kirkland complimented the City's Building Department staff on their effective permitting process specifically Joy Lombardi and Susan Chapman. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2008-02; Adopting a Social Security Number Policy and Written Statement Addressing the City's Collection and Use of Social Security Numbers. Revised Mayor Randels read Resolution No. 2008-02 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN STATEMENT ADDRESSING THE CITY'S COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.07(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. Attorney Garganese explained that effective October 1, 2007 per Florida Statutes the City was required to adopt a policy regarding Social Security Numbers, the City would be required to report to the State, annually, anyone who requests a social security number through a public records request. The draft Resolution stated that the City would only collect social security numbers as authorized by law. Attorney Garganese replied to Mr. Petsos that the Florida Legislature adopted a Public Records provision which made social security numbers a public record if they were requested under certain circumstances, for example, Skip Tracing services. As a safeguard the Legislature added a reporting requirement to track who was requesting this type of data. Mr. Petsos inquired how the City would ascertain if a reputable company were requesting the information. Attorney Garganese responded that in another City he submitted a Set of Interrogatories to a requestor in order to ascertain its reputation; however, he received no reply. Attorney Garganese explained how, if a commercial entity requests social security numbers, the City was not required to notify those whose names were a part of that request. Ms. Roberts stated that an additional provision was needed then to notify the persons whose social security number was requested and to charge the requestor. Attorney Garganese replied that the law did not require a charge to the requestor or to notify the person whose number was requested. Attorney Garganese clarified that a commercial enterprise, however, could make such a request if they could verify that they were a reputable company. Attorney Garganese informed that if the Council did not adopt the policy, then sanctions would follow. Attorney Garganese explained that this would establish that the City was formally establishing a Social Security Number Collection policy. Ms. Roberts reiterated City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 9 of 13 notifying the person whose Social Security Numbers was collected. Ms. Roberts suggested adding a provision (D) to read, "The City shall provide notice to each individual whose Social Security Numbers are requested from a commercial entity." Attorney Garganese stated that the City could do this; however, for clarification the language might read, `The City shall notify each individual whose social security number is disclosed by the City in response to a written request from for social security numbers made by a commercial entity engaged in the performance of a commercial activity." Mayor Randels clarified that the former provision (D) would be reassigned to (E) for accession purposes. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to add Provision (D) which would read, "The City shall provide notice to each individual whose Social Security Number was disclosed to a commercial entity" and to Adopt Resolution No. 2008-02. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2008-03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Item No. 8 was discussed in conjunction with Item No. 6. 9. Motion to Adopt: Resolution No. 2008-04; Approving the Temporary Suspension of Enforcement of the Time Limits to Display Temporary On - Premises Signs Set Forth in Section 94-76 and Approving the Suspension of Permit Fees for Temporary On -Premises Signs Imposed by Section 94-35; Suspending said Code Provisions for a Period of Six (6) Months; Providing for One (1) Six (6) Month Extension of the Suspension Period by a Majority Vote of the City Council. Revised Mayor Randels read Resolution No. 2008-04 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE TIME LIMITS TO DISPLAY TEMPORARY ON -PREMISES SIGNS SET FORTH IN SECTION 94-76 AND APPROVING THE SUSPENSION OF PERMIT FEES FOR TEMPORARY ON -PREMISES SIGNS IMPOSED BY SECTION 94-35; SUSPENDING SAID CODE PROVISIONS FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR ONE (1) SIX (6) MONTH EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mr. Petsos pointed out that the intent to suspend the requirements for all businesses not only for new businesses as stated in City Code Section 94-76. Attorney Garganese replied that the Council was suspending the only temporary on -premise sign provision in the Code. Mr. Morley explained that the remaining portion of the Sign Code was City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 10 of 13 unaffected by this Resolution. Ms. Roberts questioned temporary signage relative to the real estate community. Ms. Roberts asked if staff would consider some means of providing temporary relief for them similar to what was being done for the business community. Mayor Randels concluded that her request related to off -premise signs. Ms. Roberts requested that staff to research this for future discussion. Mr. Boucher reminded that during the last Sign Code meeting, temporary off -premise signs in the right- of-way were not favored. Mr. Boucher stated that he would place the request on the next City Council Agenda under Discussion. Mr. Morley asked if Council's intent was one sign per premise on the item in discussion. Mayor Randels affirmed that it was. Mr. Lamar Russell, Vice Chairperson of the Planning and Zoning Board, reminded that the intent was to set aside the Sign Ordinance and address temporary on -premise signs. The Owner of All About Hair questioned when the Resolution would go into effect. Mayor Randels responded that the Resolution was effective immediately on Adoption. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-04. 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: 10. Motion to Approve: Interlocal Agreement for Beach Cleaning Equipment. Ms. Roberts expressed concerns that there was no discussion with Keep Brevard Beautiful, the community or with the Port, nor was there discussion on the percentage of proportionate funding with the City of Cocoa Beach. Ms. Roberts recommended a Workshop on this issue in order to address concerns. Mr. Petsos stated that Keep Brevard Beautiful participated in the equipment demonstration. Ms. Roberts re -stated that there was not enough community involvement and a Workshop was in order. Mayor Randels questioned Ms. Roberts' opposition. Mr. Tom Garboski related that he spoke with up to 30 residents who were opposed to the beach cleaning machine and he questioned the long-term cost. Mr. Garboski stated that the ocean -front residents desired the beach cleaning machine; however, other non beach- front residents did not desire it, nor did they want to pay for it. Mr. Petsos related on a newspaper article and the favorable feedback contained in it. He stated that the Interlocal Agreement could be re -negotiated if it were found that the cost proportion was not fair and said that the City Manager sought to resolve many concerns. Mr. Boucher stated that the current manual beach -cleaning process was not cost-effective. Ms. Roberts stated that she did not see any corporate cost-sharing. Mr. Bandish related that people were concerned seeing prison inmates on the beach and Mr. Boucher added City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 11 of 13 that Keep Brevard Beautiful would charge for their cleaning assistance. Some discussion followed on equipment maintenance and storage. Mr. Boucher clarified that during Turtle Nesting Season the City was restricted to use the machine during high tide line. He informed of three species of protected turtles that nest in the Cocoa Beach/ Cape Canaveral area. Ms. Dianne Marcum inquired about the amount of mileage difference between Cocoa Beach and Cape Canaveral. Mr. Boucher replied that Cocoa Beach intended to clean their high -traffic areas only. Ms. Roberts recommended a Workshop Meeting prior to taking action. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve the Interlocal Agreement for Beach Cleaning Equipment $27,220.20. The vote on the motion carried 3-2 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, Against. 11. Motion to Approve: Donation to Keep Brevard Beautiful. Mayor Randels recounted that Keep Brevard Beautiful [KBB] provided 222 volunteer hours for Adopt -a -Shore, picked up 2,430 pounds of trash, provided 80 volunteers with the Adopt -a -Road program and picked up 1,380 pounds of trash, and their total measurable value was $3,290. Mayor Randels stated that no aid to private organizations was included in the current Budget and funding was moved to the City's Contingency Fund. Mr. Petsos expressed his favor with KBB; however, due to the beach cleaning machine purchase, he requested to decline a donation this year. Ms. Roberts stated that a donation to support KBB was a notable action. Ms. Roberts requested to mention to KBB the need for their assistance such as in the instance of red tide. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve a Donation to Keep Brevard Beautiful in the Amount of $2,000. 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 Ms. Roberts to extend the meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 12. Motion to Approve: Proposal to Re -Roof the Public Works Laboratory. Ms. Roberts asked if there was a warranty on the new roof. Mr. Bandish affirmed and stated that the Building Official noted a negative slope which caused water retention. Mr. Morley asked if the City Council desired to waive the Permit Fees. Mr. Boucher informed that this would not favor the General Fund; therefore, the Permit Fees were not waived. Discussion concluded that there was a 10 -year warranty on the work and 20 -years on the City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 12 of 13 materials. Mr. Bandish replied to Ms. Roberts that no businesses were found in the City that performed roof repair or air-conditioning work of the type required. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve a Proposal to Re -Roof the Public Works Laboratory. 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. 13. Motion to Approve: Proposal for the Evaluation of Road Re -surfacing. Mr. Bandish informed that he contacted a professional consultant who performed a review and suggested 15 -boors at two -feet to ascertain if the road bases were stable. Mr. Nicholas questioned the subsequent plan if the road bases were found unacceptable. Mr. Bandish replied that the consultant was called in at Council's direction. He stated that if the consultant found the base unstable, then the streets would require total refurbishment or a material called geo-fabric could be installed. Mr. Nicholas stated that he did not envision refurbishing newly repaved streets. A motion was made by and seconded by to Approve a Proposal for the Evaulation of Road Re -surfacing. 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. ORDINANCES: First Public Hearing: 14. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. Mayor Randels read Ordinance No. 01-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/ RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Roberts commended the City Treasurer for recommending a 20 percent reserve and not the suggested 15 percent minimum requirement from the Auditors. No action was taken on Ordinance No. 01-2008. The item would return to the next City Council Agenda for a First Public Hearing. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 13 of 13 DISCUSSION: 15. Recommendations to City Council from the Business & Cultural Development Board. Ms. Joanne Muncey, Business and Cultural Development Board Chair Person, addressed the Council and presented the five issues which the Board recommended City Council pursue in 2008. Ms. Muncey explained the Board's intent to preserve the City's history and the Board determined that a Community Redevelopment Agency [CRA] would provide the most beneficial avenue for the City's success. A CRA would provide the authority and access to funding that's required to achieve the City's goals. Ms. Muncey called on Mr. John Anderson, Business and Cultural Development Vice Chairperson, and Ms. Dianne Marcum to speak on the CRA recommendation. Ms. Marcum declined to speak. Mr. Anderson stated that a CRA was a tool that allowed the City to have access to tax instrument funding that it would not otherwise have unless it were certified under the CRA. Mr. Anderson explained some of the CRA's flexibility to acquire, hold, and dispose of property and funding for streetscapes and parks. It provides flexibility in governance to become a separate Agency or the City Council could serve as the CRA. The CRA would be a tool that would allow the City to do its economic development, community development and re -development that would otherwise not exist. A CRA would also require a designated staff person performing a specified task. Mr. Anderson stated that there were 38 recommendations of which the Board chose five to present to Council. Mr. Anderson mentioned that mix -used was discussed; however, the Council could identify their areas for redevelopment and then include mixed-use within that area. Mr. Anderson informed that every recommendation to the Plan was unanimously decided. He emphasized the Board's support of staff to specifically work on redevelopment issues. Mr. Anderson replied to Ms. Roberts that the issue of a Community Redevelopment Agency was time -sensitive and therefore time perishable. Ms. Roberts requested for the Council to begin discussion of the five points at the next City Council meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK OFFICE OF President, Div 2 Brevard County Your Honor, EDWARD KELLY 1236 Silver Lake Dr MelbOUrne, FI 32940-1950 321-259-9820 of nIBERNIANS INCORPORATED Organized in New York City, May 4, 1836 5 January 2008 IN AMIUM Once again„ the Brevard County Irish American Community celebrates its heritage. Ever since its start under the leadership of the first executive officer, IrishAmerican Andrew Jackson, Irish Americans of Florida have provided leadership to their communities. We are very proud of the current local leaders who are members of the State. County and Town/City Councils In the past, the month of March, St Patricks day month, has been designated, Irish American Heritage Month throughout the Nation. The Ancient Order of Hibernians will hold a St Patricks Day Parade in Melbourne as co-sponsor. We would also request that your office issue a Proclamation designating March as,"Irish American I Month", in support of the celebration of the contributions of the Irish Americans over the years. We have provided a few suggested WHEREAS for vour review and possible use. We would like to thank you for your kind consideration of this request and are hopeful for your approval. ED ARD KELLY President Div 2, Brevard County AOH 1236 Silver Lake Dr Melbourne. Fl 2940-1950 321-259-9820 NCIEgIORDER ~a HIBERNIANS N AMERICA -1 Edward P. Reilly Past President Brevard County, FL 701 W. Central Blvd, Res: 407/723-1262 Melbourne, FL 32901 Division 2 WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the colonies that would become the United States; and WHEREAS, following the victory at Yorktown over the English, a French Major General reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the Irish; and WHEREAS, at lease 8 signers of the Declaration of Independence were of Irish origin; and WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and WHEREAS, in 1892, Irish born James Hoban, and Irish immigrants, assisted in the construction of the United States Capital; and WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero of the American Revolution and became Commander -in -Chief of the United States Navy; and WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary War off the coast of Florida and saved the United States Treasury; and WHEREAS, in 1782, Commodore Oliver Perry, an Irish -American, achieved his major naval victory in the Battle of Lake Erie; and WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and WHEREAS, Governors and mayors of over 37 states and cities have or will designate March of this year as "Irish -American Heritage Month"; and WHEREAS, Irish -Americans have provided leadership in the Political, Business, and Religious areas of this country since its inception; and NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2008, as IRISH -AMERICAN HERITAGE MONTH In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by participating in appropriate ceremonies and activities. Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Ordinance -l' Reading Item 3 No. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2008, ESTABLISHING A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 01-2008, establishing a fund balance/retained earnings reserve policy. Summary Explanation & Background: This was an audit comment from last year. The Government Finance Officers Association recommends a 15% reserve. I am recommending 20% General Fund Reserve of $1,651,833. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance language. The Sewer Fund 20% Reserve would be $807,505 and the Stormwater Fund 20% Reserve would be $162,148. Please advise. Exhibits Attached: Ordinance No. 01-2008; Reserve Breakdown; GFOA Reserve Fund Policy City Mana • a ' Office Department ADMINISTRATION/FINANCE sap-e--rr-c-\Klm\mydocAiments\admin\council\meeting\2008\02-19-08\01-2008.doc ORDINANCE NO. 01-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council endorses sound financial policies and practices; and WHEREAS, the City Council has determined that a fund balance/retained earnings reserve policy tailored to the particular needs of the City is the most responsible way to insure against unanticipated events which would adversely affect the financial condition of the City and jeopardize the continuation of necessary public services; and WHEREAS, it is essential that the City Council maintain adequate fund balances/retained earnings and reserves in its various operating funds to provide the capacity to: (1) provide sufficient cash flow for daily financial needs; (2) secure and maintain investment grade bond ratings; (3) offset significant economic downturns or revenue shortfalls, and (4) provide funds for unforeseen expenditures related to emergencies; and WHEREAS, the City Council desires to adopt a fund balance/retained earnings reserve policy as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral Ordinance No. _-2008 Page 1 of 4 City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeeat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 1. GENERALLY Sec. 2-208. Creation of Fund Balance/Retained Earnings Reserves. There is hereby created, in each of the various governmental fund tape (general fund, special revenue funds, debt service funds, and capital projects funds) and proprietary fund type (enterprise funds) of the City, a reservation of fund balance or retained earnings qual to the following_ (a) General Fund. In the general fund, there shall be created a reservation of fund balance equal to 20% of the current fiscal year budget for the fund. For the purposes of this calculation, the current fiscal year budget shall be the budget as originally adopted by ordinance in September. This reserve shall be in addition to all other reserves or designations of fund balance, including but not limited to reservations for uncollected receivables and reservations of funds which have expenditure authority limited to specific purposes. In any fiscal year when the City is unable to create the reservation of fund balance required by this section, the City shall not budget any amount of appropriated fund balance for the purpose of balancing the budget. Special Revenue Funds. By definition, special revenue funds are created to account for the proceeds of specific revenue sources (other than expendable trusts or for major capital projects) that are legally restricted to expenditure for specified purposes. As such, no specific reservation of fund balance is created by virtue of enactment ofthis ordinance; rather the amount of any reservation of fund balance shall be governed by the legal authority underlying the creation of the individual fund. (cc) Debt Service Fund. Debt service funds are typically subjected to the creation of very specific reserve amounts as a part of the ordinance or resolution which authorizes the issuance of the bonds which are being repaid. Therefore, this policy does not create any specific reservation of fund balance within the debt service fund rather; reserve requirements for any outstanding City bond issues will be as derived from the ordinance or resolution City of Cape Canaveral Ordinance No. _-2008 Page 2 of 4 authorizing the issuance of the bonds. Capital Proiects Fund. The capital projects fund was created to account for resources designated to construct or acquire general fixed assets and major improvements Occasionally, these projects may extend beyond a single fiscal year. Therefore although no specific reserve requirement is established for the capital projects fund at a minimum the fiscal year end unreserved, undesignated fund balance coupled with estimated revenues for the ensuing fiscal year, must be sufficient to fund all outstanding fund obligations. (ee) Enterprise Funds. The City has created a total of two (2) enterprise funds to account for wastewater treatment and stormwater treatment services In each of the enterprise funds now or hereafter created by the Council, there shall be created a reservation of retained earnings equal to 20% of the current fiscal year budget for that fund For the purposes of this calculation, the current fiscal year budget shall be the total budget as ori ig nally adopted by ordinance in September. This budget shall be prepared on the modified accrual basis of accounting and therefore includes such items as capital outlayand nd operating transfers out This reserve shall be in addition to all other reservations of retained earnings including but not limited to amounts reserved for debt service and/or amounts reserved for renewal and replacement of long lived assets. Section 2-209. Utilization of Surplus Reserves. In the event that the unreserved undesignated fund balance or unreserved retained earnings balance exceeds the amounts set forth above, the excess may be utilized for any lawful purpose Nevertheless, it is recommended that first priority be given to utilizing the excess within the fund in which it was generated. In order to minimize the long term effect of such use it is also recommended that any such excess be used to fund one time expenditures or expenses which do not result in recurring operating costs or other one time costs including the establishment of or increase in legitimate reservations or designations of fund balance or reservations of retained earnings Section 2-210. Replenishment of Reserve Deficits. If, at the end of any fiscal year, the actual amount of unreserved, undesignated fund balance or unreserved retained earnings falls below the required levels set forth herein the City Manager shall prepare and submit a plan for expenditure or expense reductions and/or revenue increases to the City Council. As a part of the annual budget review, the City Council shall review and amend the plan submitted by the City Manager for restoring the amount of unreserved, undesignated fund balance, or unreserved retained earnings to the required levels. Any deficit in the required amount must be restored no later than the end of the second fiscal year following its occurrence. Section 2-211. Annual Review. Compliance with the provisions of this ordinance shall be reviewed as a part of the annual budget adoption process. City of Cape Canaveral Ordinance No. _-2008 Page 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. _-2008 Page 4 of 4 W) r - W O O le u,, Ei} v V LL .N m D U) L D +-•� N - 'a N a) CO � O 0 a) N O C 0 _N O O L O C=) a) a) cu U o O m0 c NCU CN CU vim- M N c u N a) LO w c 0 0 v 3 U co -- C a) 6 a) aa) C o oN w ani -iuN c cco O Q V Q m co co ~ a) _ = Co a) T a) a) C VNa)NOQ"O O cu E -S NN a) 5 _ m N a) N C7 E C " 'C -O -O C1 U N N > -o a) a) N L =3a) �� -0C O a) O > Co Z a- W 0 a) N N Ur a O N C- :3 'O — Aa OC C a cu O 3 O c_a U. .F .0 N� YCCS co Ea) UN �N �LL U N 'w �_ co o cu 0 O` N N 0 3 c a) L N N a) C U C .N _ _ O O N CL N L a)` + U 0 w a) (o to a) a) C O N C C a) .� m a>i co N a) a) >, 2)N 0) N N Cc U C "O O N> in a) W 0 W U N N "° :34a -o Q N cu 0 cq a) L CL a) C: -Fucn N •C .O ,N Lr— O O 0 oa)W� C c am- .00 a) N N 3 "v Aw> 70 a) r—Y < c t—" O ca) o N N W o C = E O N 0) .. O (7 N C a) .O N .N _N a) a) U cu N U C C co H ` C: ° t0o w a) cu> D E U L y a) a) > a) >m a) M co co Co c a) N O .. 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E m a) / �0® ]E f \mf0E 1 �f° § §E of % 0 0 2 a) j}/§ &f m. 0)) &' a & Appropriate Level of Unreserved Fund Balance in the General Fund (2002) Backizround. Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government's budgetary basis.' In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish reserved fund balance from unreserved fund balance. Typically, only the latter is available for spending. Accountants also sometimes report a designated portion of unreserved fund balance to indicate that the governing body or management have tentative plans concerning the use of all or a portion of unreserved fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government's general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unreserved fund balance in the general fund. Credit rating agencies carefully monitor levels of fund balance and unreserved fund balance in a government's general fund to evaluate a government's continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unreserved fund balance for state and local governments. Those interested primarily in a government's creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens' groups, which may view high levels of fund balance as "excessive." Recommendation. GFOA recommends that governments establish a formal policy on the level of unreserved fund balance that should be maintained in the general fund.2 GFOA also encourages the adoption of similar policies for other types of governmental funds. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and specific plans for increasing or decreasing the level of unreserved fund balance, if it is inconsistent with that policy. 3 The adequacy of unreserved fund balance in the general fund should be assessed based upon a government's own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures.4 A government's particular situation may require levels of unreserved fund balance in the general fund significantly in excess of these recommended minimum levels.5 Furthermore, such measures should be applied within the context of 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetaryfund balance to distinguish these two different uses of the same term. 2 Sometimes reserved fund balance includes resources available to finance items that typically would require the use of unreserved fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unreserved fund balance for purposes of analysis. s See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 4The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government's particular circumstances. In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unreserved fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. 5 In practice, levels of fund balance, (expressed as a percentage of revenues/expenditures or as a multiple of monthly expenditures), typically are less for larger governments than for smaller governments because of the magnitude of the amounts involved and because the diversification of their revenues and expenditures often results in lower degrees of volatility. long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unreserved fund balance in the general fund at any one time. In establishing a policy governing the level of unreserved fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of it revenues and the volatility of its expenditures (i.e., higher levels of unreserved fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). • The availability of resources in other funds as well as the potential drain upon general fund resources from other funds (i.e., the availability of resources in other funds may reduce the amount of unreserved fund balance needed in the general fund, just as deficits in other funds may require that a higher level of unreserved fund balance be maintained in the general fund). • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). • Designations (i.e., governments may wish to maintain higher levels of unreserved fund balance to compensate for any portion of unreserved fund balance already designated for a specific purpose). Naturally, any policy addressing desirable levels of unreserved fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the Committee on Accounting, Auditing and Financial Reporting and the Committee on Governmental Budgeting and Management, January 30, 2002 Approved by the Executive Board, February 15, 2002. Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Monday, January 07, 2008 3:11 PM To: 'bowers-cape@cfl.rr.com'; 'Anthony Garganese'; 'Kate Latorre' Cc: stills-cape@cfl. rr.com' Subject: Fund balance ordinance Attachments: Fund Balance Cape Canay.doc Hello Everyone, One of our outstanding audit comments was to enact a fund balance ordinance. After extensive research, attached is a draft ordinance for your review. I plan on going to first reading with this on February 2nd. Andrea, I need to know what the dollar amounts come out too as stated in the draft ordinance. 1 Fund Balance Cape Canay.doc (6... Thanks, Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 HYPERLINK www.myflorida.com/cape www.myflorida.com/cape No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.13/1213 - Release Date: 1/7/2008 9:14 AM Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Consideration Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE PERIOD ENDING 12/31/07 DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council review and consider the approval of the Quarterly Budget Report and Transfers from the period ending 12/31/07 as recommended by the city treasurer. Summary Explanation & Background: See attached report. I recommend approval. Exhibits Attached: City Treasurer's memo dated 02-07-08 City Manage 's Office Department ADMINISTRATION/FINANCE �--e-nt\kim\m o�ents\admin\council\mcetl g\�vv \ � MEMORANDUM DATE: February 7, 2007 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2007/2008, Quarter Ended 12/31/2007 Revenues The new year has begun and activities within the City, for the most part, are in full gear. Some projects, originally budgeted, will need to slide to the next fiscal year, due to the uncertain financial environment with the State Tax Amendments. With internal transfer dollars and the Army Corp of Engineers Grant removed Revenues stand at 31 % collected. This is down from 41.4% for the same time last year, FY 06/07. Removing Ad Valorem taxes, historically collected in the early part of the year gives a collected percentage of 13%. While this is slightly lower than last year's 14%, it is in line with the target percentage of 10%, due to the full accrual, required by GASB 34. Cash Forward has been increased to fund the balance of the Springbrook Software purchase/implementation and the renovation of City Park. Both of these projects were started in FY 2006/07 and are carried over for project completion in the current year. The FRDAP Grant for the City Park project is also carried forward into the current year. State Shared Revenues and Local V2 Cent Sales Tax are reduced according to the revised State projections. Interest Income from Investments has been reduced due to the recent devaluation of the SBA investments and interest rate cuts. Interest income will continued to be monitored and all effort is being made to minimalize the reduction in revenue. Cash Forward is increased in the Library, Beautification and Sewer Funds to provide funding for those projects both new and reappropriated from the prior year. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Most operating expenses for each department have a target percentage expenditure of approximately 20%. This is slightly lower than the 25% of the year due to the timing of payments. Both the Administrative Department and the Sewer Enterprise Fund's Capital Purchases are increased to complete the purchase/conversion of the Springbrook Software, a project started in FY 2006/07. The Streets Department is requesting an increase to their Street Repairs Account to cover the cost of a survey of Lincoln Avenue Beach End. This survey is required to determine the property line along the south right of way. Funding is carried over from FY 2006/07 for the renovation of City Park. Parks & Recreation's Capital Purchases is increased to fund the replacement of the AC unit at the Youth Center. The Christmas Bonus Special Pay is deleted with the Christmas season. Contingency is decreased to provide funding for the current year General Fund additions to the budget and decreases in revenue projections. Cash Forward is increased in the Beautification Fund to complete the Ridgewood Planning project started in FY 2006/07. The Sheriffs Department has requested an increase in their Capital Budget to fund new equipment. Copies of the requests are included in this packet. These requests are being budgeted in the Capital Expansion Fund because they represent new technology. Cash Forward is increased in the Sewer Fund to reappropriate the funding originally budgeted in FY 06/07 for the Brown & Caldwell engineering for the City's FDEP permit for the Waste Water Treatment Plant and the construction management tasks associated with the construction of the Washington Avenue force main. Cash Forward is also increased to fund the completion of the new maintenance building. Building & Grounds Maintenance is increased to provide for a survey to establish the East side boundary from the Public Works entrance gate. This is being done as part of the replacement of the fence. These funds are being taken from the Contingency Account. This completes the requested Budget Amendments for the first quarter of the fiscal year 2007/2008. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and or concerns. 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C: �, �, 5, C (Q CDD 3 CD CD C C C M0 N. � 0 0. a 0 h m c c c c -n (D (D (D (D w. 0 I I 1 D /L -n r- CD m CDo x CD CD cn CD CD m CL w a (D N r CD 0 3 W CD CD E (Q N n O (D �' O (� 4 C CL (n CD N m n (A O �, M �D CD 2) M M (D N �W N O O 4 W N O O M M Cn C) �lWOCn�OCON m 0 0 0 0 0 0 0 Cn 0 Ln .p0000000 N o W W W cn co W W OD., N Cn w� cn O O --AW M O cn Cn cn N w co CO N Cn O CO -I NCO N W A N O -1 00 A— v W Co A N O W —1 O-4�� Cn —1 W M Cn Cn C)O CO N — CO CO N Cn O r CD 0 3 W CD CD E (Q N n O (D �' O (� 4 C CL (n CD N m n (A O �, M �D CD 2) M M (D N �W N O O 4 Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Consideration item 5 No. An appropriation of $5,600 from the Beautification Fund is needed. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REPLICA SPACE SHUTTLE PURCHASE DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the purchase of a 15 foot fiberglass replica space shuttle in the amount of $1,600 from Stinger Fiberglass and $4,000 estimated for installation/mounting, as recommended by the Beautification Board. Summary Explanation & Background: See attached memo from the Beautification Board and press release from the TDC. An appropriation of $5,600 from the Beautification Fund is needed. I support the recommendation. Exhibits Attached: Beautification Board memo dated 02/12/08; TDC press release City Manage •' ffice Department PUBLIC WORKS/BEAUTIFICATION e-nt\kim\m docu is\admin\co it\meeting\2008\02-19-08\shuttle a0c MEMO TO: Bennett C. Boucher, City Manager Susan Stills, City Clerk FROM: City of Cape Canaveral Beautification Board SUBJECT: Replica Shuttle DATE: February 12, 2008 Request that the City of Cape Canaveral participate in the Space Coast Tourism Development Commission (TDC) sponsorship of the development of large Space Shuttle Models that are being made by Stinger Fiberglass. The cost of the replica shuttle is $1,000.00. These models measure 15 feet in size and can be made in a vertical take -off or horizontal landing configuration (recommend the horizontal landing). Stinger Fiberglass will paint the replica shuttle for $600.00. The city will then have to mount and anchor the shuttle at City Hall at an estimated cost of $4000.00, with a total cost not to exceed $6000.00. This is by far the best value for replacing the replica shuttle that once was located at City Hall. Thank -you. /AL&, Judy Hale Chairperson City of Cape Canaveral Beautification Board 1 Enclosure (Tourism Development Commission email) Communications Concepts, Inc. www.cciflorida.com FOR IMMEDIATE RELEASE Contact: Ashley Babb Communications Concepts, Inc. (407) 903-9730 (Orlando Office) Email: ababbncciflorida.com Space Coast Tourism Office to Commemorate Space Shuttles Space Shuttle Models to line the streets of Cape Canaveral, Cocoa Beach, Melbourne, Palm Bay and Titusville Cape Canaveral, Fla. (January ??, 2007) Space Coast Tourism Development Commission (TDC) is sponsoring the development of large Space Shuttle Models that businesses can put in front of their office to pay tribute to the Space Shuttle Program. The 15 foot tall statues will be on display beginning in January. "The Astronaut Scholarship Foundation is proud to be involved in such a unique project that brings both awareness and honor to the Space Shuttle program," said Linn LeBlanc, Executive Director of the Astronaut Scholarship Foundation. "At the conclusion of the program in 2010 Space Shuttle Astronauts will autograph the models and they will be auctioned off to raise funds for the Foundation." "Much like Chicago has their cow statues and Washington, D.C. has their panda statues it is only fitting that the Space Coast should have Space Shuttles," said Jim Lewis, VP of Communications Concepts Inc., the company that created the idea. Businesses can paint their Space Shuttle in any color or design. Once the Shuttles are in place, the Space Coast TDC will put a map for tourists on the TDC website. "It will be interesting see all the different shuttle statues. I'm looking forward to the creative ways each business will display them," said Rob Varley, Director of the Space Coast Office of Tourism. The Space Shuttle Orbiter models are approximately 15 feet in size and come in a vertical take -off or horizontal landing configuration. The models are made of fiber glass and will be constructed locally by Stinger Fiberglass. "Businesses wanting a Space Shuttle model can order an unpainted one for $1000. Painting and design services are available at an additional cost," says, Artie Schricker, President of Stinger Fiberglass. Wachovia Bank has already purchased a space shuttle model statue. "The shuttle program is such a historic, patriotic symbol of America. Wachovia Bank is honored to be the first to jump on such a wonderful tribute," said ???, title, with Wachovia Bank. For more information please contact Ashley Babb in Orlando at (407) 903-9730 or email ababb ,cciflorida.com. For information on the painting of the shuttles contact Artie Schricker of Stinger Fiberglass at (321) 258-8160. The Astronaut Scholarship Foundation (ASF) is a 501(cx3), nonprofit organization and was established in 1984 by the six surviving members of America's original Mercury astronauts to aid the United States in retaining its world leadership in science and technology by providing scholarships for college students who exhibit motivation, imagination, and exceptional performance in the science or engineering field of their major. ASF funds 19 $10,000 scholarships annually and has awarded $2.5 million to 226 deserving students nationwide. Today, more than 60 Gemini, Apollo, Skylab and Shuttle astronauts have joined in this educational endeavor. For more Meeting Type: Regular Meeting Date: 02-19-08 AGENDA REPORT AGENDA Heading Consideration Item 6 No. The City would receive a 5 % annual license fee on all gross advertising revenues. The term of the agreement CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: TRANSIT SHELTER LICENSE AGREEMENT WITH 20/20 MEDIA HOLDINGS, INC. DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and consider the approval of a Transit Shelter License Agreement with 20/20 Media Holdings, Inc. to install bus stop street furniture, with advertising, at City approved locations. Summary Explanation & Background: Attached is an outline of bus stop furniture locations that were evaluated by 20/20 Media as to the type of street furniture that could be provided. The City would receive a 5 % annual license fee on all gross advertising revenues. The term of the agreement is for ten years, with an additional ten year renewal. There are no costs to the City. Please advise. Exhibits Attached: Bus Stop Evaluation; License Agreement City Manager' Office Department LEGISLATIVE im\myd u e s admin\cou meeting\2008\02-19-08\transit.doc Bus Shelter Meeting with 20/20 Media — Results Public Works and Joel Davis of 20/20 Media met on February 11 to discuss bus shelter locations (existing locations only). The results are as follows: West Side of SR AIA: • Residence Inn (or Country Inn Suites or Burger King) — a shelter can be constructed. • Radisson Resort — a shelter can be constructed but will require slight re-routing of sidewalk — or the Radisson has stated that they would sign an easement agreement — either option will work. • Columbia Drive — a shelter can be constructed but may require slight re-routing of the sidewalk. • International Drive — a shelter can be constructed but may require slight re-routing of the sidewalk. • Trailer parks — could install a bench only due to presence of large Australian pine trees • IAP Services - a shelter can be constructed but may require slight re-routing of the sidewalk — or pursue an easement agreement with IAP Services. • Cocoa Palms — would most likely need an easement agreement to construct a shelter. • Holman Avenue — could at least install a bench and possibly construct a shelter if the bus stop was moved to the south. • Casa del Sol — a shelter can be constructed but may require slight re-routing of the sidewalk. East Side of SR AIA: South City Sign — a shelter would block the City sign — possibly install a bench. Shell Station — would need an easement agreement with the property owner for a shelter or bench. East Side of North Atlantic: • Townhouse Complex — could install a bench only. • West Central — could install a bench only. • Southgate Trailer Park - a shelter can be constructed but may require slight re- routing of the sidewalk. • Coastal Fuels - a shelter can be constructed but may require slight re-routing of the sidewalk. East Side of Ridgewood Avenue: 0 Harrison Avenue - could install a bench only. • Madison Avenue — could construct a shelter if the bus stop was moved 60 feet north. • Washington Avenue - could install a bench only. Library: • Library - a shelter can be constructed but may require slight re-routing of the sidewalk. Please note that a survey of each location is required to ultimately determine if a shelter can be constructed or a bench installed. 20/20 Media performs the survey, constructs the shelters/benches, maintains the shelters/benches, and pays the City a franchise fee — there is no maintenance required of the City. Examples of the types of bus shelters to construct are located on SR 520 in Merritt Island. In general, the following guidelines apply: • SR AIA — 45 mph speed limit requires an 18' setback from the inside of the white line since no curbing is present. • North Atlantic Avenue — 35 mph speed limit requires a 10' setback from the inside of the white line since no curbing is present. • Ridgewood Avenue — 25 mph speed limit requires 6' setback from the inside of the white line. TRANSIT SHELTER LICENSE AGREEMENT "THIS AGREEMENT ("Agreement" or "License Agreement") is entered into by and between The CITY OF C'AP1l. CANAVI'.RAL, a Florida political subdivision ("City") and 20/20 MEDIA HOLDINGS. INCORPORATFD, a Florida corporation ("20120 Media"). this day of February 2008 ("Effective Date"). WITNESSETH: WHEREAS, the City has the authority to provide written authorization to a qualified private supplier for installing and operating transit shelters ("Transit Shelters") and Convenience Benches ("Benches") (collectively known as "Street Furniture") including advertising for the comfort and convenience of the general public pursuant to Florida Sialutes 12.5.111(1W). 33-.408. and in any event pursuant to the home rule powers. both proprietary and governmental. granted it by the State of Florida and the City Charter. WHEREAS, 20/20 Media proposes to place the Street Furniture within the City. and located on the public rights of way. WHEREAS, 20/20 Media has proposed to build and maintain the Street Furniture for public usage at absolutely no cost to the City, and a fee will be paid to the City in consideration of this License Agreement. NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: LICENSES GRANT. Pursuant to the terms and conditions set forth herein to the fullest extent allowed by law. the City hereby grants to 20120 Media an exclusive license to use the rights-of=way of the road system within the Cite for the purposes of constructing, installing. erecting, and maintaining the Street Furniture, including advertising displayed thereon, for the comfort and convenience of the general public. 2. LICENSF F1:F. For and in consideration of this license. 20/20 Media shall pay to the City annually, at the beginning of each }ear during the term of this license Agreement. a tee of Live (i) percent of the gross advertising revenues received from 'transit Shelters during the prior ycar by 20/20 Media for all of the Street Furniture located within the City subject to this License Aorcement. PUBLIC SERVICE. 20/20 Media shall provide space for public service announcements of the City on a space available basis. Any such public service announcements may be removed by 20/20 Media in the event 20/20 Media rents such advertising space. In no event shall a paying customer be removed from an ad space for public service announcements. 20'20 Media shall not be responsible for paying for public service message materials. The City will provide all necessary ad materials at their sole cost and expense. However. 20/20 Media will install at no cost to the City, such public service advertisements within five (5) days alter such advertisements are provided to 20/20 Media_ 4. SHEL-11,.R t1SAGF-:. 20/20 Media shall not use, sufler, cause, or permit the use of the locations licensed hereby for any commercial purpose other than advertising. 20120 Media shall not charge a fee, surcharge. or any other consideration to the public for usage of the Street Furniture licensed hereby. All the Street Furniture operated pursuant to this Agreement shall be available to the general public on a gratis basis. 5. TFIZM. This License Agreement shall be for a term of ten (10) years from the Lftcetive Date. This License Agreement shall automatically renew for another ten (10) year term on the date that is ten (10) years after the Effective Date ("Renewal Date"). so long as 201`20 Media is not in detault of this agreement on the Renewal Date. This License Agreement shall automatically rcnc,,v for another ten (10) year term on the date that is ten years atter the Renevkal Date ("Second Renewal Date"), so long as 20120 Media is not in default of this agreement on the Second Renewal Date. This License Agreement may be renewed or extended thereafter upon terms mutually agreeable between the parties hereto. Upon termination of this Agreement and any renewals or extensions. 20'20 Media shall remove or cause to be removed the Street Furniture atter the date of termination. All removals shall be performed so that City property and facilities will not be damaged as a result. The City acknowledges that concrete slabs must be poured for purposes of providing a Ibundation for the transit shelters and walkways connecting the adjacent sidewalk and curbs to the transit shelter, which slabs will remain without removal and will be the property of the City in all respects. 2 6. COMPLIANCE; WITH LAWS. 20/20 Media shall comply with all applicable state, tederal, and local laws, ordinances. rules, and regulations, including the Americans with Disabilities Act in the construction. erection, installation, maintenance, and operation of the transit shelters. including without limitation, permitting. Throughout the term of the Agreement. 20/20 Media shall maintain in good standing a license for outdoor advertising with the Florida Department of Transportation issued pursuant to hloridu ,'tututes. ('hunter 479. 7. INDEMNITY AND INS[ jRANCF.. To the fullest extent permitted by Florida I.aw. 20/20 Media shall indemnify. save, hold harmless. and defend the City, against all losses, damages. costs, claims, causes of action, suits, liabilities, and expenses (including costs of reasonable attorney's fees) resulting from 20/20 Media's gross negligence in connection with the use. construction, maintenance. and operation of' any Street Furniture. Additionally. 20/20 Media shall maintain in full force and effect throughout the term of this Agreement and all extensions or renewals thereof a policy of comprehensive general liability insurance with it company duly authorized to engage in the business of issuing such a policy in Florida. Comprehensive general liability must be in the amount of at least $1.000.000 per occurrence with $2.000.000 aggregate which names the City as a co -additional insured, said policy to cover any losses and claims occurring or arising from the installation, location, maintenance and/or operation of the shelters. The insurance certificate shall also be endorsed with a provision that the City shall be entitled to at least ten (10) days advance written notice prior to cancellation of the then existing policy. Proof of such insurance shall be supplied to the City prior to the commencement of installation of any shelter and, throughout the term of this Agreement and all extensions and renewals thereof. 20/20 Media shall supply the City with appropriate certifications. T11e City may at any time. and from time to time, request from 20/20 'v-ledia assurances in the tbrm of a certificate from the insurer that such policy of insurance is in effect. and 20120 Media shall appropriately respond within ten (10) calendar days from receipt of such request. 8. SIII:I_I'EIZ DFSIGN.w_MAINTh:NANCE. AND LOCATION. 20/20 Media shall design. provide plans and specifications tor, and erect the Street Furniture as provided under paragraphs 14-20,001 through 4-20.005 of the Hlorhki IhIministrutive Code (FAC) and Sections 33 -.408 of the Horiclu .5;Iaattes. The size. shape, design and location of the Street furniture shall be subject to approval by the City. In addition to all standards imposed by law. ordinance. rule. and regulation, the Street Furniture shall be located and designed so as to not hinder or impede the free and safe flow of vehicular and pedestrian traffic and will be built, erected. installed. and operated in a manner to preserve the public safety and welfare and to cause the minimum possible disruption to vehicular and pedestrian traffic, as well as right-of=way maintenance and repair. 20/20 Media shall coordinate all construction efforts with the Cite. The Street Furniture shall be erected in public rights-of=way along the street frontage. Notwithstanding the above_ 20'20 Media may locate the Street Furniture on private property provided, however, that 20.20 Media shall secure, at its own expense, written leases, authorizations. or grants of casements from the owners of such property as may be necessary. Construction materials, techniques. design, and lighting shall be subject to approval by the City. Also, 20/20 Media shall locate and design the Street Furniture so that access for utilities and cable TV is not substantially impaired and twill coordinate with utilities and cable TV companies. 20/20 Media shall pay all electrical expenses and service costs incurred by the use of any electrical lighting for the Street Furniture. The City agrees to allow 20/20 Media access to and the right to connect up to. or tap into. anv electric service. which the City has the authority to authorize, which is now or hereafter being furnished to any public street lights located in a close proximity to the Street Furniture provided. however. 20.120 Media agrees to reimburse the City for reasonable costs of such electricity consumed in the operation or lighting of the Street Furniture. 20/20 Media shall make all necessary arrangements with utility companies for the provision of this service. 20/20 Media shall maintain the Street Furniture in a neat, orderly, and sanitary condition. Graffiti anclJor acts of vandalism shall be removed or repaired within 10 business days so as to restore the shelter to an aesthetically pleasing appearance consistent with its condition as installed. 20/20 Media shall have the absolute right to remove any shelter prior to the expiration of this License Agreement. 9. ADVI RTISING. 20/20 Media retains full and sole authority and discretion in selecting advertisers and advertising copy for display. Rates, charges, terms and conditions of advertising shall be as negotiated between 20/20 Media and its advertiser. It is agreed that 20120 Media shall not place on the Street Furniture advertising for any goods or scrvices that are not lawfully sold to minors with the exception of the Florida Lottery. No such advertising shall consist of or include, any depictions, messages, graphics or other content which is or would be patently offensive to the general public based upon contemporary community standards in the Cit\ or would pose a threat to safety by distracting motorists, bicyclists. and/or pedestrians due to its shocking or inflammatory nature. it is agreed that the advertising pertinent to the shelters erected under this Agreement shall not constitute signage for regulatory purposes and that such i shelters when erected and operated in public rights-of-way are not subject to anv zoning restrictions. 10. TERMINATION. If 20120 Media fails to fulfill any material obligation hereunder or violates any material covenant, term or condition of this Agreement, the City shall give 20i20 Media written notice specifying in detail such failure or violation. If such failure or violation is not cured within ninety (90) days from the date 20/20 Media receives such notice. the City may terminate this Agreement which shall be effective upon 20/20 Media's receipt of said notice or such other date as specified in the notice. If the City terminates this Agreement Pursuant to this paragraph, then 20/20 Media shall. at its expense, remove all the Street Furniture from the rights-of-way within ninety (90) days after receipt of the termination notice from the OtN or such other date as may be agreed upon by the parties. 1 I. RI?MF:I)IES. This Agreement shall be governed by and be subject to the laws of Florida. Venue for any and all actions necessary to enforce this Agreement shall be in Osceola County. Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power. or remedy hereby shall preclude any other or further exercise thereof. 1 2. MODIFICATIONS TO CONTRACT: This agreement. together with any exhibits. task assignments and schedules constitute the entire License Agreement between the City and 20/20 Media and supersedes all prior written or oral understandings. This License Agreement and anv exhibits. task assignments and schedules may only be amended, supplemented or canceled by a written instrument duly executed by the parties hereto. S 13. NOTICI_.S. Any notices provided for herein must be given in writing and must he sent by certified. United States mail return receipt requested, by personal delivery with receipt required, or by lacsimilc with confirmation receipt required, or by a recognized courier such as Federal Express with confirmation receipt requested to the following address: To City: City of* Cape Canaxeral C/o City Manager 105 Polk Avenue Cape Canaveral. 1:1 32920 l'o 20/20 Media: 20120 Media I loldings, Incorporated 3055 Vest Road St. Cloud, Florida 34772 CITY of CAPE: CANAVERAL B\: (SFA1.) :�TTIa�E: fly: Clerk 20.20 MEDIA I1C"T4B'S, INCORPORATED Joel C' Davis, President v Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Discussion Item 7 No. Section 7.2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: DUMPSTER CONDITION PROVISIONS DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Leo Nicholas requested a discussion item about Waste Management's responsibility for dumpster condition under the service contract. Summary Explanation & Background: See Section 7.2 Condition, attached. Exhibits Attached: Section 7.2 City Manag Mice Department LEGISLATIVE cape- im\my ocu ts\admin\council\meeting\2008\02-19-08\dump5ter.uoc equipped with communication devices and such devices shall be maintained in good operating order. 7.2 Condition. All collection equipment shall be maintained, at all times, in a reasonable and safe working condition and shall be in good repair, appearance, and sanitary and clean condition. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the name of the Contractor, Contractor's telephone number and number of the collection vehicle in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is strictly prohibited, except for advertisements promoting City sponsored special events. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage (described in paragraphs 4.1(D) and (H); however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2 of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time and without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in performance of the collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 21 of 43 Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Discussion Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: TEMPORARY OFF -PREMISES SIGNS DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Roberts requested a discussion item on allowing temporary off -premises signs as a means to help businesses due to the poor economy. Summary Explanation & Background: Attached is the existing Code Section 94-81, Temporary Off -Premises Signs. Please advise. Exhibits Attached: Code Section 94-81 City Manager's Office Department LEGISLATIVE kim yd m nts\admin\council\meeting\2008\02-19-08\signs.doc ARTICLE III. SIZE, LOCATION AND CONSTRUCTION Sec. 94-81. Temporary off -premises signs. Page 1 of 2 (a) There shall be a limit of one sign per business or activity erecting a temporary off -premises sign. (b) Temporary off -premises signs may be erected only by the following: (1) A housing project or subdivision within the city consisting of ten or more residential units; (2) Any new business opening within the city; or (3) A charitable, educational or religious institution as defined in section 70-66, conducting a special event. (c) Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the building official. There shall be no illumination of any sort provided specifically for the sign. (d) The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped. Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. (e) In the case of a public interest sign, a sign may be erected no more than once per year, and must be removed no later than five days after the special event has concluded. A public interest sign, however, may not be erected for more than a total of 30 days. (f) Signs restrictions along the following corridors are as follows: Location and Placement for Temporary Signs TABLE INSET: Street Minimum Setback from Right -of -Way Maximum Height Astronaut Boulevard(SR A1A) 50 feet 15 feet Old State Road 401 10 feet 8 feet Ridgewood Avenue 10 feet 8 feet These restrictions affect properties adjacent to these streets with the exception of any R-1 zoning districts. (g) The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. (h) A construction sign (two only) may be erected one by the primary contractor of a project, and one to include all sub -contractors of a project, after the issuance of a building permit as required in table 94-96-1. (1) Construction signs shall be confined to the site of construction and shall not be placed in any right-of-way or visibility triangle. (2) All construction signs shall be removed prior to the issuance of a certificate of occupancy or completion. (3) All construction signs shall contain contractors licensing information. http://libraryl.municode.com/default/DocView/12642/l/175/178 2/13/2008 Meeting Type: Regular Meeting Date: 02-19-08 AGENDA Heading Discussion Item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CENTRAL CANAL AREA DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Nicholas requested that City Council discuss the Central Canal area - name, maintenance activities and proposed projects Summary Explanation & Background: Status report from staff is attached. Please advise. Exhibits Attached: Staff Status Report dated 02-13-08 Citya5;Mcece Department LEGISLATIVE ca im\my oc s\admin\council\meeting\2008\02-19-08\canal.doc To: Bennett Boucher — City Manager Through- Walter Bandish — Acting Public Works Director From: Jeff Ratliff—Assistant Public Works Director Date: February 13, 2008 Re: Agenda Item — February 19, 2008 Meeting Central Canal Stormwater Improvements Status report on the canal: Canal Nomenclature: • Regulatory agencies (FDEP, SJRWMD, Brevard County, etc.) were contacted — FDEP provided historical documents — there isn't a formal name for the canal that has been consistently used through the years. Current Canal Maintenance Activities: • Quarterly mowing of selected canal bank areas (east side only) — does not include to water's edge and does not include to SR AIA (adjacent to Wendy's). • West side of canal is private property — not currently maintained. • Canal sprayed for mosquitoes by Brevard County semi-annually. • No current herbicide spraying for aquatic weeds. • Inmate crew cleans areas adjacent to Central Boulevard semi-annually. Proposed Canal Maintenance Activities (in newly revised re -bid documents): • Mowing of entire length of east side of canal - uplands areas and to water's edge and to SR AIA — eight times per year (some hand work will be required). • Ditch sprayed for mosquitoes by Brevard County semi-annually. • Herbicide spraying for aquatic weeds entire length of canal - quarterly. • Inmate crew used as needed. Future Work On the Canal: • Set aside specific amount of funds (e.g., $30,000) annually from stormwater fund to clean up canal north of West Central Boulevard; • Entire intersection area to be "spruced up" with available grant funds and City funds (if necessary). Baffle Box Project Status: • Mega -baffle box to be installed — currently including FDEP review comments in final construction drawings. • SJRWMD stormwater permit application and bid documents currently in preparation. 0 Page 2 Meeting Type: Regular Meeting Date: 02-19-08 AGENDA REPORT AGENDA Heading Discussion Item 10 No. City Mana a •' Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: COMMUNITY REDEVELOPMENT AGENCY PRESENTATION DEPT/DIVISION: ADMNISTRATION/CITY MANAGER Requested Action: City Council review and comment on the Community Redevelopment Agency presentation. Summary Explanation & Background: This is a continuation of the discussion on what is a Community Redevelopment Agency (CRA). Exhibits Attached: Presentation; FAQ's on CRA City Mana a •' Office Department ADMINISTRATION/CITY MANAGER ca im\ ydoc nts\admicouncil\meeting\2008\02-19-08\CRA.doc Florida Redevelopment Association CRAs: Communities Working Together How is a CRA Created? Its All Loca I • Notices and Public Meetings • Finding of Necessity • Establish Board • Create Trust Fund • Adopt Redevelopment Plan 1 What is a CRA? AGENCY or AREA... BD Members appointed by local government Dependent Special District Elected or appointed people May have multiple CRA districts There can only be one CRA Board What is a Redevelopment Plan? A BLUEPRINT Board In Charge Addresses unique needs Overall goals Specific projects Incentives for private business Living document 2 What is Tax Increment Financing? LONG TERM SEED $ • Goal: up property values • Revenue level frozen for city/co • Increase in property VALUES is • "increment" • Increment used only by CRA • County and city write check annually • Can be used now, earmarked for a • project, or bonded What the CRA Can Do? Acquire and hold property Demolish buildings Dispose of property at FAIR VALUE Develop property (eg. housing) Install, Construct, Repair Streets Parks Utilities Playgrounds Voluntary or compulsory repair Rehab (Code Enforcement) 3 What the CRA Cannot Do.... Any project, program, donation, sponsorship, grant that is not expended in the area and is not in the redevelopment plan. WHAT IS NOT APPROPRIATE UNDER F.S. 163 PART III Public buildings (unless all taxing authorities agree) Installation, construction, repair or alteration of any publicly owned capital improvements if the projects are normally funded by the governing body or user fees or if the project would be funded within 3 years under any existing CIP or Funding Plan General government operating expenses unrelated to planning and carrying out the CRP 9 City/County Tension • Political Trading Chip • Growth Management • Good news — funding resource • Bad news — fighting over who gets what $ Money in the Trust Fund at End of the Fiscal Year Funds left on the last day shall be: Returned to the taxing authorities Used to reduce debt Escrowed for reducing debt later Appropriate to a specific project contained in the CRP that will be completed within three (3) years 5 Step Back & Agree On The Need • Redevelopment Benefits Everyone • Usually a long-term process • Immediate results are rare • Planning and consensus are critical • Each area is unique HELPFUL HINTS Update Plan every 5 yrs / set goals Keep CRA and Commission/ Council meetings separate Make certain to file all necessary reports outlined in Ch. 163 Part III and Ch. 189 9 We Can Work It Out • Establish Common Goals • Communication • Joint efforts • Coordination • Negotiation • Mediation What To Do First • Appoint one person to be responsible • Allow them the leeway to do what • needs to be done. • Look for projects that are highly visible • Seek monetary partners/grants • Assign Liaison between City and • Developer/ Owners • New Aesthetic Regulations • Encourage Code Enforcement 7 What To Do Next • Promote accomplishments • Network, Network, Network • Look at other planning needs • Implement changes needed to prepare for projects • Learn about what it takes to implement the projects you want The Future • Cities & counties must find common ground • A cooperative instead of confrontational approach must be used • Dialogue, not monologue • Changes to the Redevelopment Act that are creative, not punitive, must be explored The Reality • Why does it still look the same? • You are just trying to make my taxes go up! • You are wasting my money on plants! • These projects would have happened anyway! • You are pro — any development! • There is nothing wrong with our town! Florida Redevelopment Association P.O. Box 1757 301 S. Bronough Street Tallahassee, Florida 32302-1757 www.redevelopment.net 850.222.9684 Carol Westmoreland, Executive Director 01 MORE HELPFUL HINTS There's more to do than just creating a redevelopment Plan Establish program parameters (goals) Understand your market Know development and its costs 10 FLORIDA REDEVELOPMENT ASSOCIATION Community Redevelopment .Agencies: What, When, and How CRAs, as they are known, are quite common, but often there are many questions in the minds of those who don't work with them everyday. How are they authorized? Who oversees them? What is involved in their operation? How are they funded? This article is intended to simply answer those questions. For further information, please contact Carol Westmoreland of the Florida Redevelopment Association at 850.222.9684, ext. 115 or cwestmoreland(a-)_flcities.com. What is a Community Redevelopment Area or District? Under Florida law (Chapter 163, Part III), local governments are able to designate areas as Community Redevelopment Areas when certain conditions exist. Since all the monies used in financing CRA activities are locally generated, CRAs are not overseen by the state, but redevelopment plans must be consistent with local government comprehensive plans. Examples of conditions that can support the creation of a Community Redevelopment Area include, but are not limited to: the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required conditions exist, the local government may create a Community Redevelopment Area to provide the tools needed to foster and support redevelopment of the targeted area. There are currently over 170 Community Redevelopment Agencies in the State of Florida. The designation is used by Florida cities of all sizes, from Jacksonville and Tampa to Madison and Apalachicola. Many familiar locations, such as Church Street in Orlando, Ybor City in Tampa and the beachfront in Ft. Lauderdale are successful examples of Community Redevelopment Areas. What is a Community Redevelopment Agency? The activities and programs offered within a Community Redevelopment Area are administered by the Community Redevelopment Agency. A five- to seven -member CRA "Board" created by the local government (city or county) directs the agency. The Board can be comprised of local government officials and or other individuals appointed by the local government. Although one local government may establish multiple CRA districts, there generally may be only one CRA Board. Each district must maintain separate trust funds, and expend those funds only in that district. What is a Community Redevelopment Plan? The Community Redevelopment Agency is responsible for developing and implementing the Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area. Examples of traditional projects include: streetscapes and roadway improvements, building renovations, new building construction, flood control initiatives, water and sewer improvements, parking lots and garages, neighborhood parks, sidewalks and street tree plantings. The plan can also include redevelopment incentives such as grants and loans for such things as facade improvements, sprinkler system upgrades, signs, and structural improvements. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area; however, the boundaries of the area cannot be changed without starting the process from the beginning. What is Tax Increment Financing? Tax increment financing is a unique financing tool available to cities and counties for redevelopment activities. It is used to leverage public funds to promote private sector activity in the targeted area. The dollar value of all real property in the Community Redevelopment Area is determined as of a fixed date, also known as the "frozen value." Taxing authorities, which contribute to the tax increment, continue to receive property tax revenues based on the frozen value. These frozen value revenues are available for general government purposes. However, any tax revenues from increases in real property value, referred to as "increment," are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area. It is important to note that property tax revenue collected by the School Board and any special district are not affected under the tax increment financing process. Further, unlike in some states, Florida taxing entities write a check to the CRA trust fund, after monies are received from the tax collector. In California, the increment is sent to the CRAs directly out of collected county tax revenues, before they are distributed to each taxing entity. The tax increment revenues can be used immediately, saved for a particular project, or can be bonded to maximize the funds available. Any funds received from a tax increment financing area must be used for specific redevelopment purposes within the targeted area, and not for general government purposes. How does the CRA Process Work? A public meeting begins the designation process. Several steps will have to be accomplished before the Community Redevelopment Area becomes a reality. These steps are briefly outlined below. Adopt the Finding of Necessity. This will formally identify the blight conditions within the targeted area and establish the area boundary. II. Establish a CRA Board. III. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. IV. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. These steps should be taken in partnership with the taxing entities that will contribute to the redevelopment trust fund, i.e. the county and any special districts. But when it is all said and done, the local government that creates the CRA is legally responsible for the administration, management and funding of the CRA and its projects and activities. Florida Redevelopment Association Legislative Position As monies in the CRA tax increment trust fund build up, disputes may arise over the use of those monies. The FRA has been advocating before the legislature for local resolution of those disputes. This is because CRAs are 100% funded by local tax dollars. We support the ability of local governments to create and effectively use community redevelopment agencies to redevelop and revitalize their urban areas. This includes the use of tax increment financing. We support local control and disposition of any disputes between local governments over the use of such agencies and financing. The Florida Redevelopment Association is available for technical assistance, legislative advocacy and redevelopment educational resources. For copies of current or past bills, statutes or further legislative information, you may visit www.leg.state.fl.us or call the FRA. at 800.616.1513, ext. 115. About the FRA The Florida Redevelopment Association (FRA) is dedicated to the revitalization and preservation of Florida's communities. Operated under a contract with the Florida League of Cities in Tallahassee, it's purpose is to promote the improvement of downtowns and other urban areas through redevelopment and development activities under the Florida Statutes; provide a forum for networking, training and technical assistance; be an advocate for its membership; and monitor legal and legislative issues. The FRA currently has more than 300 public and business agency members. Summary CRAs are a specifically focused financing tool for redevelopment. CRA Boards do not establish policy for the city or county - they develop and administer a plan to implement that policy. The CRA acts officially as a body distinct and separate from the governing body, even when it is the same group of people. The CRA has certain powers that the city or county by itself may not do, such as establish tax increment financing, and leverage local public funds with private dollars to make redevelopment happen. The CRA term is limited to 20 years, 40 years if extended. After that time, all revenues (presumably much increased from the start of the CRA) are retained by each taxing entity that contributed to the CRA trust fund.