Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Packet 01-15-2008 Regular
GTV OF CAPE CANAVERAL CALL TO ORDER: V, City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 15, 2008 7:00 PM PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Holiday Beautification Awards AGENDA 2007 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition REPORTS: City Council City Manager AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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 OCity of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 2 of 2 CONSENT AGENDA: City Council Regular Meeting Minutes of December 18, 2007. 2. Cooperative Purchase of Stormwater Baffle Box Cleaning Services. CONSIDERATIONS: 3. Motion to Approve: Interlocal Agreement for Public School Facility Planning. 4. Motion to Approve: FPL Engineering Deposit for Ridgewood Avenue to Bury Utility Lines. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 2008-01; Urging the Members of the Florida Legislature to Support Municipal Issues During the 2008 Legislative Session. 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. MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Beautification Board SUBJECT: Holiday Awards 2007 DATE: January 9, 2008 The Beautification Board conducted a special meeting on December 20, 2007 and the following properties were selected as the 2007 Holiday Award winners: Single Family — The Guidi Family 395 Harbor Drive Cape Canaveral, Florida 32920 Multi -Family — The Residents of Ocean Oaks Condominiums 8700 Ridgewood Avenue Cape Canaveral, Florida 32920 Commercial — Dr. Christine Storts Atlantic Animal Clinic 7620 North Atlantic Avenue Cape Canaveral, Florida 32920 Request that Holiday Award Certificates and a $25.00 gift certificate be presented to the winners at the January 15, 2008 City Council Meeting. Biz Mars, Beautification Board Member will present these awards. Thank -you., �a Judy Hale Chairperson, Beautification Board Meeting Type: Regular Meeting Date 01-15-08 AGENDA Heading Presentations Item I want to express my appreciation to Robert and Suzanne and the many volunteers for their dedication and. No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: PROCEEDS TO THE UNITED WAY OF BREVARD COUNTY FROM THE 5K RUN & WALK; RECOGNITION OF MAJOR SPONSORS DEPT./DIVISION: RECREATION DEPARTMENT Requested Action: Robert Lefever, Recreation Director, and Suzanne Sparling of the United Way of Brevard County, will present a check to the United Way and Keys to the City to the major sponsors of this event. Summary Explanation & Background: I want to express my appreciation to Robert and Suzanne and the many volunteers for their dedication and. enthusiasm in making this a successful event for our community and the United Way. Exhibits Attached: Recreation Director's memo City Ma '_ Office f Department RECREATION DEPARTMENT Memo To: BENNETT BOUCHER, CITY MANAGER From: ROBERT LEFEVER, RECREATION DIRECTOR Date: 01/10/07 Re: PRESENTATION OF PROCEEDS CHECK TO UNITED WAY OF BREVARD COUNTY & SPONSORSHIP RECOGNITION Please place the presentation of the net proceeds check in the amount of $17,090.78 from the December 8, 2007 Reindeer 5K Run & Walk to Benefit United Way of Brevard County on the City Council Agenda for the January 15, 2008 meeting. Additionally, the City will be presenting Keys to the City to the Community Event Partners and major sponsors. Thank you. /kmm • Page 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 18, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Mayor Pro Tem Council Member Council Member Mayor Council Member City Manager City Attorney City Clerk City Treasurer Public Works Director REPORTS: City Council Members Council Member Roberts Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Ms. Roberts related a concern from the northeast City residents on the stop sign in the Harbor Heights area. She explained how perceptually the Harbor Heights area was less dense than the neighboring area at Shorewood Drive. Mr. Boucher stated that the County had not yet reported back on the Villages of Seaport north entrance. The County traffic engineer declined to eliminate the right turn lane due to the number of existing exits. Mr. Bandish stated that the City needed a permit to remove the right turn lane. Mr. Boucher related that direct input from residents related to a stop sign to the County Commissioner might be effective. Ms. Roberts requested an outline of the steps leading up to the City assuming North Atlantic Avenue Ms. Roberts also related a resident's concern of insufficient lighting at the following locations: 1) Chandler Street, the Cape Canaveral Library parking lot, which was noted at the Tree Lighting Ceremony and 3) Cherie Down Park, which was noted at the Reindeer Run. Ms. Roberts concluded that the Council and staff should review an overall Lighting Plan for the City which might require an Ordinance amendment. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 2 of 13 • Ms. Roberts thanked Todd Morley for finding the information for the City to apply for a "Green City" designation. • Ms. Roberts requested action tracking as a method for Council actions documented at each meeting. • Ms. Roberts requested employee Customer Service standards in order to recognize employees who make suggestions to improve the City's efficiency as well as for the residents to know when to expect action taken on their concerns. Council Member Nicholas • Mr. Nicholas stated that the intent of the stop signs on North Atlantic Avenue was to decrease speeding on North Atlantic Avenue as a citywide benefit. • Mr. Nicholas referred to his previous suggestion of an electronic sign for City Hall and transferring the current City Hall sign to the new building. • Mr. Nicholas re -stated a previous concern related to the cracks in the new street paving. Mr. Bandish replied that he was seeking a professional consultant to verify the problem. The bid documents did provide a warranty. • Mr. Nicholas spoke about the red tide and expressed the need for its control at the State level. He suggested gaining support through the Florida League of Cities Legislation Delegation as a matter of public health, safety, and welfare. Council Member Petsos • Mr. Petsos questioned the status of the bus shelters. Mr. Boucher replied that he was seeking support from the Radisson Resort; however, grant funding was one year away. Bus shelter installation on Ridgewood and North Atlantic Avenue was limited due to the right-of-way. However, bus shelters on State Road A1A were feasible but the City would have to pay the cost since there were no grant funds available. Mr. Petsos inquired about assistance from the 20/20 Media Group. Mr. Boucher replied that they had not responded to Mr. Ratliff's inquiry. • Mr. Petsos asked about a Master Schedule of Projects to assist Council and staff with a prioritized list of the upcoming projects. Mr. Boucher replied that he would prepare a list for distribution in January. • Mr. Petsos recommended that the City Manager attend the next Library Board Meeting in order to allay their concerns related to the Meeting Room usage. Mr. Nicholas suggested a joint meeting with the Library Board. Mr. Boucher would seek a meeting with the County Commissioner and County Manager to reiterate the State constitution revenue law whereby the County was not allowed to use municipal taxes elsewhere. • Mr. Petsos reported on the low street light wattage at State Road AIIA and International Drive. He requested a lumen survey for this major traffic intersection. Mr. Petsos asked for a breakdown on the Inmate Crew work. Mr. Bandish replied that the crew performed landscape and beach -end clean up. Mr. Petsos requested to have the City Manager's report moved up on the Agenda in order to accommodate the citizens. Council members agreed. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 3 of 13 Mr. Petsos went on record to address a resident's statement claiming that he was harassing her Resort Dwelling guests. He stated that he built his record based on honest and ethical principles and the comments were a fabrication. The resident sent E-mail to the City Manager making the accusations and some residents were beginning to accept what was said as true. Mr. Petsos stated that there was no truth to the statements and he asked the City Attorney if there was any recourse on his part. Attorney Garganese stated that he would review the E-mail and address the issue. • Mr. Petsos wished everyone a Merry Christmas and a Happy New Year. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the lighting on Tower Blvd. Mr. Bandish stated that Public Works was addressing this issue; however, the Florida Power and Light representative was on vacation. • Mayor Pro Tem Hoog also inquired about the progress of the new Building Department building. Todd Morley replied that the inmate crew completed the painting and he anticipated moving into the building some time in January. Mayor Randels Mayor Randels reported that the Tourist Development Council expressed an interest in sharing one-third the beach rake cost with Cape Canaveral and Cocoa Beach. The Tourist Development Council would provide this as a one-time assistance. Ms. Roberts pointed that questions related to the percentage of use and storage had not been addressed. She stated that she was seeking a progress report prior to proceeding with the purchase. Ms. Roberts stated the anticipation of a joint review to address: 1) what equipment might be jointly acquired, 2) deciding the appropriate cost share, 3) the schedule of use, and 4) addressing storage. Mr. Petsos stated that at a previous meeting the Council gained consensus on going forward with an Agreement. In conclusion, Mr. Boucher stated that he would return with a joint purchase Agreement for the Council's review. Mr_ Nicholas requested information from other cities on their success with this type of equipment. Mr. Boucher ensured the Council that the City was not making a commitment at this time. Ms. Roberts added to reconsider the City's portion of the cost share. Mayor Randels announced that former Council Member Tony Hernandez moved his law office to Cocoa. Mayor Randels reported that at the Brevard County Metropolitan Planning Organization meeting, the City was recognized for the Safe Walk to Schools Forum. • Mayor Randels reported that he visited Ms. Gerry Cline, an 85 year-old, long time resident and former Board member. She now resides at Cedar Creek Life Center and remembered some of those in the City and on the Council. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 4 of 13 • Mayor Randels reported that the City received $1,887.50 in return funds through the Florida League of Cities from companies who were operating without a Business License. • Mayor Randels informed that he initiated the Wildflower License plate campaign. The Florida Museum of Natural History now promotes the efforts and distributes brochures that explain the benefits of the recent Wildflower License Plate Foundation sales. • Mayor Randels stated that he was unable to provide Ocean Woods with clear- cut directions on how to proceed with their request. Mr. Boucher stated that Ocean Woods was a private development and the Florida Attorney General's opinion was that the City could not use utility funds to fix, repair, and maintain a private system. Mr. Boucher stated that the City would accept a roadway if it were up to the City's design standards. • if not, the development would incur the costs. 1. City Manager • Mr. Boucher informed that the Florida League of Cities has a Green City Resolution which would be on the next Agenda. He commented on the labor- intensive application. • Mr. Boucher reported that the final left turn lane signal for North Atlantic Avenue was signed; however, the City should anticipate major utility work. • Mr. Boucher commended the Recreation Department on the Tree Lighting Ceremony and the Reindeer Run with 490 participants. • Mr. Boucher reported that the Recreation Coordinator was hired. • Mr. Boucher reported that the Finance Department was making progress with the new financial software. He thanked the Council for the investment. • Mr. Boucher reported that he had not heard from the County on assuming Cherie Down Park. • Mr. Boucher stated that the Council would need to schedule a Capital Improvement review meeting. • Mr. Boucher reported that City of Rockledge gave the City an inflatable space shuttle for the Christmas exchange at the last Space Coast League of Cities dinner meeting. • Mr. Boucher reported that the Recreation Director purchased the new life trail and received a $500 discount for purchasing before December 31 st. Brochures were available on the trail equipment. • Mr. Boucher replied to Ms. Roberts that he would return to Council with a Resort Dwelling status report when his Assistant returned from vacation. • Mr. Boucher commended the Public Works Department on the Christmas decorations. • Mr. Boucher reported that the Public Works Maintenance building was still in progress. • Mr. Boucher stated that he would report to the Council once the City hears from the Florida Department of Environmental Protection [DEP] related to heavy metal City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 5 of 13 testing. Mr. Boucher explained how if the City were enforced by DEP to keep water from flowing into the river, the Port would need to improve their ASR system. • Mr. Nicholas inquired about drainage improvements in the Port area. Mayor Randels replied that this was related to a gravity filtration pond system. • Ms. Roberts mentioned that John Grandlich, of Cape Caribe, conducted a meeting with Solana Lake and received a favorable response to the expansion project and also had discussion on the drainage issues. AUDIENCE TO BE HEARD: • Mr. Rich Emerson, President of the Ocean Woods Homeowners' Association, stated that Ocean Woods residents desired clear direction from the Council to transfer their sewer line maintenance to the City. They desired an answer possibly in writing and he stated that if easements were required; residents would consider them. Mr. Nicholas recommended a response from the City Manager and the City Attorney. Mr. Petsos stated that, given the Attorney General's Opinion, the City was unable to allow for the easements. Mr. Emerson contended that easements were legal agreements. Mayor Randels concluded that Mr. Emerson would hear from the City Manager and City Attorney. Mr. Ray Osborne addressed the Council and expressed the desire to draft a survey to uncover if there were any other City events in which there were community interest to preserve City history. He suggested an Annual Heritage Day at Manatee Sanctuary Park and an oral history tour in which City descendents would tour the area. His intent was to present the survey to the Council. Mr. Boucher suggested that the Council review the current City events in order not to over task staff. He recommended that Mr. Osborne seek the assistance of an organization or non-profit group. Discussion followed on obtaining a Request for Proposal to obtain the City's Oral History and not to exclusively work with the University of Florida on the project. Ms. Joyce Hamilton distributed papers related to Sheldon Cove and Mermaid Key. Ms. Hamilton referred to the lack of a traffic light in the Mermaid Key area and the possibility of installing one to assist that area. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 4, 2007. 2. City Council Special Meeting Minutes of November 8, 2007. 3. Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673 (AFL-CIO). Mayor Randels asked if any Council member, staff, or interested parties desired to remove the Consent Agenda item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 6 of 13 Ms. Roberts requested to remove Item No. 1. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 2 and 3. 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 Council Regular Meeting Minutes of December 4, 2007. Ms. Roberts stated that there was an assumption that resumes were on file; however, Board Member applications were on file, not resumes. Mayor Randels concluded to amend the word resumes on Page 8 and insert applications. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Item No. 1 as amended. 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: 4. Motion to Approve: Canceling or Rescheduling of the City Council Regular Meeting on January 1, 2008. Ms. Roberts requested to reschedule the meeting for another time during the same week or in the following week. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Canceling the City Council Regular Meeting on January 1, 2008. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. Ms. Roberts suggested re -scheduling the City Council Meeting for Thursday, January 3rd or Tuesday, January 8th. Mr. Boucher informed that most of staff was on vacation during the week prior to Tuesday, January 3`d. Ms. Roberts expressed concern with waiting until January 15th for a meeting in light of the number of City projects under discussion. Mr. Petsos stated that holding the meeting on the 15th would provide the City Manager time to return with a Master Schedule of Projects. A motion was made by Ms. Roberts to Reschedule the City Council Regular Meeting to January 8th. The motion failed for lack of a second. 5. Motion to Approve: Annual Evaluation of Waste Management. Mr. Petsos expressed his favor with the company's work and continued communication with City staff. Ms. Roberts questioned the specific evaluation ranges. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 7 of 13 informed that Kim McIntire developed the evaluations which were intended to track the new cart system. Ms. Roberts requested to see the evaluations from some other municipalities. Mr. George Geletko informed that the cities of Cocoa and Cape Canaveral, under advisement of Attorney Garganese, were the only two that require an annual evaluation. Mayor Pro Tem Hoog related on speeding on the back streets. Mr. Geletko stated that the company sought the assistance of Law Enforcement for documentation purposes. Ms. Roberts requested to see documentation of the company's steps toward improvement in order to continue to improve the evaluation process. Ms. Roberts addressed the degree of acidic residue was causing deterioration of the pavement. Mr. Brian Thornton, District Manager with Waste Management stated that he would review this issue with the drivers. Ms. Roberts also addressed the possibility of deodorizing the dumpsters. Mr. Geletko stated that bleach in the dumpster periodically would effectively sanitize them. Mr. Thornton replied to Mr. Nicholas that the drivers could place crystals in the dumpsters which they carry onboard their trucks. If the container needed replacement, a replacement tag was placed on it for identification. Mr. Geletko informed that Waste Management also provides deodorizing crystals to the restaurants. Mayor Randels concluded on the overall favor with the firm's work. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the Annual Evaluation of Waste Management. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 6. Motion to Approve: Mermaid Key Site Plan Compliance Period Extension Request. Mr. Boucher explained that at the City Council Meeting on December 4th, concerns were addressed related to the Compliance Period Extension Request. Todd Morley, Building Official, informed that he received a Lighting Plan. He stated that since the City had no standard, he was agreeable with the plan since it met the Planning and Zoning Board's intent. Mr. Boucher reported that Attorney Timothy Pickles submitted a letter from Wachovia Bank confirming that Mr. Martin Greene had submitted an application for a Letter of Credit in the amount of $109,283 on December 13, 2007. The application was currently in Bank Underwriting and should be completed within the next 24 -to -48 -hours. Mr. Pickles would be contacted upon completion. Attorney Timothy Pickles replied that Item No. 7 was conditional on Item No. 6. The Chair stated for the record that discussion would proceed to Item No. 7 prior to a Motion on Item No. 6. Council returned to Item No. 6.[10:15 P.M.] Attorney Garganese clarified the Mermaid Key Site Plan Extension date of March 31St City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 8 of 13 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Mermaid Key Site Plan Compliance Period Extension Request with the Conditions as Amended. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Rande{s, For, and Ms. Roberts, For. 7. Motion to Approve: Sewer Line Relocation Agreement with Mermaid Key, LLC. Attorney Garganese stated that the developer needed the City to relocate a sewer line; therefore, the developer would grant the City a perpetual Sewer Line Easement in a form acceptable to the City. The City would contract for the engineering construction of the sewer line easement relocation and the City would advance the cost for that sewer line relocation. In order to provide security for the City's advanced cost, Mermaid Key would provide a Letter of Credit in the amount of $109,283. In the event that Mermaid Key does not make payment within a certain time period, then the City would have the right to demand payment from the bank. If there were any change orders, Council would have the right to approve those change orders outlined in Subparagraph (b). If the Letter of Credit was not received, then what the Council approved at this meeting was null and void. Ms. Roberts questioned the contractor's status. Mr. Bandish replied that the contractor would be willing to delay; however, he was not of any cost changes. Ms. Roberts registered her concern with the City advancing the development payment for the sewer line relocation at the taxpayers' expense. Ms. Roberts also registered a concern on Page 2, Section (2)(c) of the Relocation Agreement based on its subjective language of, "reasonable" written change orders and "prompt" notice. Andrea Bowers, City Treasurer, brought out that the money retained, the 10 percent or, $100,000, was for the City's purposes, not for Mermaid Key. Attorney Garganese stated that conditionally the Letter of Credit would need to be delivered and all was conditional with that delivery. Attorney Pickles spoke on the reasonableness of the approval and requested a change from delivering the Letter of Credit from December 19th to no later than January 7th. Ms. Roberts re -stated her concern with advancing funds and stated that the City was not setting a good precedent. Discussion followed on the need to continue with the repair of a major City sewer line. Mr. Boucher stated that he cautioned Mr. Greene that if the Site Plan expired there was no guarantee that he would obtain approval, relative to the sewer line relocation, at a later time. Mr. John Gedney asked who would sign the Letter of Credit. Attorney Garganese replied the owner of Mermaid Key and the bank. Attorney Pickles stated that the Mr. Greene's signature was already on the application for the Letter of Credit. Discussion City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 9 of 13 followed on any advanced fund draws prior to payment. Ms. Roberts re -stated her concern of the subjective language in Section (2)(c) which would leave the City subject to the developer's interpretation of the terms "reasonable" and "prompt." Mr. Boucher recommended stating, "the developer shall be responsible for reimbursing the City for any additional costs or written change order reviewed by the City Engineer's." Discussion followed on types of mechanisms that the City could use such as, withholding any permits or further development orders until the debt was paid. Mr. Boucher recommended the language, "the City would present the proposed change order within 24 -hours of receipt as approved by the City Engineer." Discussion continued on how to approach any change orders above the $109,283 prior to the developer's payment. Attorney Pickles stated that withholding the Building permit if any changes orders were not paid was a security action on the City's part. Attorney Pickles stated that the Council was establishing conditions of the Site Plan extension approval,- however, pproval;however, he would need to confer with Mr. Greene. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Extend the Meeting until 11:00 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 Attorney Garganese referred to a black -lined version of the payment section which stated that the payment of $109,283 be.no earlier than March 24th and no later than March 31St. He recommended changing the no later than date to March 281H Attorney Garganese stated these Amendments: Payment of the Sewer Relocation Agreement would be approved with the following amendments: • Mermaid Key would be responsible for any interest that the City incurs on any draws at a rate of 8.25%: • Mermaid Key would be responsible for change orders reviewed and approved by the City Engineers, • Mermaid Key would pay for any Change Orders within 30 days of that approval; • If Mermaid Key does not pay within that time period, there would be language within this Agreement that says the City has the right to withhold any future development permits or revoke any existing development permits; • In addition., the City will have the right to Lien the property for any amount on any change order; • Obtainment of $109,283 will be due the City no earlier than March 24, 2008 and no later than March 28, 2008; • In addition, if the Council approves this Agreement, it would be contingent upon the Letter of Credit delivered to the City, in a form acceptable to the City, no later than end of business day, .January 7, 2008; and City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 10 of 13 • If the Letter of Credit was not delivered by January 7, 2008, then this Agreement becomes null and void. Attorney Pickles affirmed his understanding of the Amendments. Discussion followed on a time for Mr. Greene's consent with the Agreement. Mayor Randels stated 48 - hours, or by December 20, 2007 close of business, the City required Mr. Greene's consent with the Agreement as amended. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Sewer Line Relocation Agreement with Mermaid Key, LLC as Amended. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, Against. 8. Motion to Approve: Dedication of a 10 -Foot Wide Sanitary Sewer Easement Within the Mermaid Key Revised North Parcel. Mr. Nicholas questioned if this would abandon any easements. Mr. Boucher replied that it did not. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Dedication of a 10 -Foot Wide Sanitary Sewer Easement Within the Mermaid Key Revised North Parcel. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 9. Motion to Approve: The Proposal to Provide Engineering Services for the Relocation of the 12 -Inch Force Main Due to the Mermaid Key Development. Mr. Boucher stated that approval of this item was contingent upon a signed Letter of Credit on or before January 7, 2008, close of business, and signed Agreement. He affirmed that every other request was based on this contingency as well. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposal to Provide Engineering Services for the Relocation of the 12 -Inch Force Main Due to the Mermaid Key Development. 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. 10. Motion to Approve: Change Order Proposal to Relocate the 12 -Inch Sewer Force Main Due to the Mermaid Key Development. Mayor Randels clarified that the above -stated contingency applied to this Item as well. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Change Order Proposal to Relocate the 12 -Inch Sewer Force Main Due City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 11 of 13 to the Mermaid Key Development. 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. RESOLUTION: 11. Motion to Approve: Resolution No. 2007-40; Adopting the Evaluation and Appraisal Report for the Comprehensive Plan and Providing for the Transmittal to the Florida Department of Community Affairs. Todd Peetz, City Planner, recounted the Community meetings, Planning and Zoning Board Meetings and City Council meetings that led to this submittal. Mr. Peetz informed how every seven years the City was required to review its Comprehensive Plan. Mr. Peetz stated that the City should anticipate the EAR's return some time in February, and would then have an additional 18 months to address any concerns. Mr. Peetz expressed his willingness to work with the Council to include any of their concerns and to correct any typographical errors in the draft document. Ms. Roberts expressed her concern that a number of Council's changes might not have been included. Council did not have an opportunity for a second draft review. Mr. Peetz re -stated his willingness to ensure that the document was complete for submittal to the Department of Community Affairs [DCA]. Discussion followed on ensuring that the City submits its best product effort. Mr. Peetz stated that DCA desired for the City to use the data analysis to ensure that the City was achieving the Goals, Objectives and Policies of the Comprehensive Plan. Mayor Randels read Resolution No. 2007-40 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COON TY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT ("EAR") FOR THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE TRANSMITTAL OF THE EAR TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. Ms. Bea McNeely, Planning and Zoning Board Chairperson, stated that the Board may not agree with every change that Ms. Roberts presents and therefore they would get another opportunity for review. There was no further comment. The City Attorney advised since this document was forwarded to another Agency that those changes become a separate document for Council's review. A motion was made by Mr. Nicholas and seconded Mayor Pro Tem Hoog to Resolution No. 200740 with the Provision that Ms. Roberts be Given the Opportunity to Meet with the City Planner, Todd Peetz and Give Her Input to the Document Forwarded to the Florida Department of Community Affairs. The vote on the motion carried 5-0 with voting as follows: The vote on the motion carried with City of Cape Canaveral. Florida City Council Regular Meeting December 18. 2007 Page 12 of 13 voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ORDINANCES: Second Public Hearing: 12. Motion to Adopt: Ordinance No. 11-2007; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09/30/07, at Second Reading. Mayor Randels read Ordinance No. 11-2007 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 20,200T PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 11-2007 at second reading. The vote on the motion carried 5-0 with voting as follows: The vote on the motion carried with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 13. Revenue Sources Eligible for Debt Pledge. Mr. Boucher explained how what was presented was an example of the types of pledges available for the list of Council's anticipated projects. Mr. Nicholas asked if anything pledged to which Ms. Bowers responded that the City's pledged revenue at this time was in the Sewer Department. Brief discussion brought out that the'/2 cent Sales Tax, Local Option Gas Tax, Franchise Fees, and Utility Tax were some of the larger revenues. Mr. Nicholas stated that the City would need to consider floating a bond to go forward with its Capital Improvement projects; however, a pledge was needed. Ms. Bowers related that she had previous discussions on this subject with the Florida League of Cities. REPORTS: 2. Staff City Treasurer 0 No report. City of Cape Canaveral. Florida City Council Regular Meeting December 18. 200 Page 13 of 13 Building Official No report. City Clerk • No report. City Attorney • No report. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:55 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 01-15-08 AGENDA Heading Consent Item 2 No. See attached memo and proposal for services. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF STORMWATER BAFFLE BOX CLEANING SERVICES DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the approval of the cooperative purchase of stormwater baffle box cleaning services in the amount of $9,130 with Chenandoah Construction, utilizing the School Board of Broward County Bid as recommended by the assistant public works director. Summary Explanation & Background: This is a budgeted item and I recommend approval. See attached memo and proposal for services. Exhibits Attached: Assistant Public Works Director's memo; Proposal City Mana ffice / Department PUBLIC WORKS/STORMWATER �ge n\myd nt-\admin\council\meeting\0008\01-15-08\baffle.doc To: Bennett Boucher — City Manager "Through: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: January 4, 2008 Re: Agenda Item for January 15, 2008 Meeting Cleaning of Six Nutrient -Separating Baffle Boxes The City of Cape Canaveral (City) has installed six nutrient -separating baffle boxes on stormwater outfalls located throughout the City. The baffle boxes have collected sufficient sediment to require cleaning. The goal for future years is to clean the baffle boxes on an annual basis (i.e., once per year) — these baffle box cleaning activities will be budgeted in fixture years. City staff has located a construction firm (Shenandoah Construction) that specializes in the cleaning of underground structures. The City's existing contractor (Equitas Sewer Services, LLC) has charged 53,000/baffle box for past cleaning services. Settled Solids Management, Inc., was also asked to bid on the project — but elected not to submit a bid. The City's baffle boxes are "first generation" structures and cleaning and maintenance are not simple/routine activities. In addition, the City will use the contractor rates established in a contract with the School Board of Broward County. Florida (selected contract pages attached). This maintenance work has been budgeted for FY2007-2005 under System Maintenance (4610) Stormwater Fund. Recommend the approval of the baffle box cleaning activities to Shenandoah Construction in the Amount of 59,130.00 (approximately 51,366 per baffle box plus travel expenses). :I A CONSTRUCTION IRKS N.W 22" Street • Pompano Reach_ Iq ,,ow) (-72) 46"-8861 Fax ('72) 46'-8863 PROPOSA L # 14051 DATE: October 25, 2007 SUBMITTED TO: City of Cape Canaveral STREET: 601 Thurm Blvd. PO Box 326 CITY, STATE & ZIP: Cape Canaveral, F1 32920 PHONE: (321)868-1240 FAX: (321) 868-1233 JOB LOCATION: Drainage baffle box cleaning ATTENTION: Jeff Ratliff We propose to furnish a crew and all necessary equipment to remove sand, rock and debris from draina<-e baffle boxes at the above mentionedjob location. This work will be performed at our following Broward County School Board contract hourly prices: Jet Vac Truck (at 5155.00 Per Hour) 40 hOur(s) 56.200.00 Pump (at 550.00 Per Hour) 40 hour(s) $2,000.00 Total: S8,200.00 NOTE: One way travel time for all hourly vehicles listed above. Three hour minimum. This proposal includes removal of all loose debris from the pipes and/or structures (excluding hazardous waste). However, we are not responsible for problems occurring' durin! or after cleaning due to pre-existing condition, original installation or design. This proposal may be withdrawn if not accepted within 30 days. Payment terms net ,0 days. All material is(uaranteed to be as specified. All work to be completed in a workmanlike manner accordin—Y to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond out - control. Owner is to carry fine, tornado and other necessary insurance. Our workers are fully covered b} Workman's Compensation Insurance. SIGNATURE: Mindy Cotrupi ACCEPTANCE OF PROPOSAL ' SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authod,ed to do thework a<, specified. SIGNATURE: COMPANY NAME: DATE: REPRESEN TATI VE: TITLE: 1^i 9.."-) El 0 7 11:35 9549759713 SHDIAtIDpAH F'GE F]'�/29 JAN -12-2007 121 33 P. 22,,01,-. a THE SCHOOL BOARD OF BR�WARU COUNTY, FLORIDA - 772u W EST OAKI.,AND PARK BOULE:VAM WIT14323 • SLNRISE, F"LOIZIDA 333 1.6704 -CEI, 7$4-321a605 ., •..... 5C11001- BOARD SUPPi.y ti;%N NGEMEN-Y & LOGISTICS N. W'AREMBURC" CM, DIRECTOR y;An TLRtiIAN RogEnr TWIN gAtilr.f E.N S. t71NNEN w%m,.broreardes %00lX *m VS 1t1ALIA `� r`YL L�iQNARD [;U"ITE.:hS January 5, 2007 I rrl t ss c:'- t toPR PIn'] u's 1 (HAV11'. ARMA KKAFI t 50 amok;lrf n. PARKS, r•.d.n, 4itbject: Lf"F CER OF AWA,RDIGTR7 AM—kTE OF INSU ANCE 61S:.4NOR SOUL u7LL}AMS Bid Notnber-. 27-1057 !ab1r5 P'. Ubl"I'F.R Doscriptioll• Sewer N42Lin Cleaning and Repair) rn,�r,oi s;r,,e rnre.vdam.. rsr u: Contract Valid; 01/01/47 throuBb 03/31/09 Shenandoah GLneral ConAtruction 18A's NW 21 Strect Poinp+ano Leach. Fl-nrida 33009 Pax r f'.5�54 ?5 g7lf De:u Vendor: Thc, School &ard of Broward County, Florida has accepted your bid for sewer main cleaning and repair services sublect to cA,mpliance with su*ct bid specifications, terms and conditions, all pertinent Iaw�; of the State of Florida, and in5tructtons as determined by the Attorney for the 96tse1 hoard. The School Board of Broward County, Florida reserves t1le right to terminate this contract at any time and for any reason ripen giving thirty {;t71 days pr I c r wr i ttrn notice. Your Certificate of Insurance form and Indemnification Ciause where applicable must b" orf file in the office of Risk Management 0cPams+entwithin fifteen (15 4yet of this notification. It is important that you notify your insurance zagrrct for genNrnl liability insurance that the insuranc6, requirements atLach0d. tip the- above hid re9llita drat The School Board of Bruward County, Florida, be included as an additional) uxtder the General Liability racy. This inFoLma+�o_r1 Xnu�t be soecificaliv �tateti on, the Certificate of Inturance submitted by your insurance agent in order for thL Cortific•ste ro be acceptable, No work can commence on the It'err.(s) accepted on tW', L�Uote until thio Certificate of insurance form is r-eived and approved, and a written purchase ordi- is released. Tito: completcd Certificate of Insurance must be mailed to: RISK MANAGJi:MFN'T 'DF,P?.M4INT, The School E3cu,rd of Broward County, Florida, 7770 West Oakland Part: Blvd, sunrise, Florida 1,.3351. Please ako fax copy of in.;urance tv Kay Lloyd, C.P-M., Nrc'rasing Deplartment (754 321.0534). Attached to this letter of agreement is the request for SBBC Phyto Identification Dadge(5) fk` Your representative(s), T3c�stt Regards, i Kav Lioyci, C:11'.M. Purchasing Agent Supply , lonagement & Logistics ..,,� o..,�,...; .. Transforms+fgGdrtcativtuon8Soid�mtat.4Time Ate... M•«�-�-�-F Ern�vcra-d Cowen, Public' Sn11r)oIs 1� An F"quo! Oppor-t;ttltiy/Er�ru1 acc'es.e T'o:pint'rn- The School Board of Broward County, Florida SEWER MAIN CLEANING AND REPAIRS SECTION 5, BID SUMMARY SHEET Bid No. 27-105T Page 11 of 28 Pages - REVISED - ITEM A (Continued): UNIT PRICE TOTAL COST ANNUAL (TO BE AWARDED AS A GROUP) ESTIMATED QUANTITIES 12, 20 Laterals Grouting of leaking laterals $ 30.00 /ea $ 600.00 13. 500 Lin. Ft. Cleaning 12" - 24" storm sewer $ 3.00 /ft $ 1,500.00 13A. 250 Lin. Ft. Root Removal $ 1.50 /ft $ 375.00 14, 400 Lin. Ft. Cleaning 30" - 42" storm sewer $ 5.00 /ft $ 2,000.00 14A. 25 Lin. Ft. Root Removal $ 6.00 /ft $ 150.00 15. 400 Lin. Ft. Cleaning 48" - 60" storm sewer $ 8.00 /ft $ 3,200.00 15A. 25 Lin. Ft. Root Removal $ 6.00 /ft $ 150.00 16. 150 Lin. Ft. Cleaning 66" - 72" storm sewer $ 9.00 /ft $ 1,350.00 16A. 25 Lin. Ft. Root Removal $ 6.00 /ft $ 150.00 17. 50 Each Cleaning storm sewer catch basin manholes $ 1.00 /ea $ 50.00 1 ft. -6 ft. deep. 1.00 25.00 18. 25 Each Cleaning storm sewer catch basin manholes $ /ea $ 6 ft. -1" -10 ft. deep. 19. 10 Each Cleaning storm sewer catch basin manholes $ 1.00 /ea $ 10.00 10 ft. -1" -15 ft. deep. 20. 12 Hours Clean or clear storm sewer pipe of obstruction $ 155.00 /hr $ -1,860.00 or blockages 21. 72 Hours Dewatering with 3" centrifugal pump with 20 ft. $ 1.00 /hr $ 72.00 suction and 100 ft. discharge hose 22. 72 Hours Dewatering with 4" centrifugal pump with 20 ft. $ 50.00 /hr $ 3,600.00 suction and 100 ft. discharge hose VENDOR NAME: Shenandoah General Construction Company KL/Ir Bid No. 27-105T Page 12 of 28 Pages The School Board of Broward County, Florida SEWER MAIN CLEANING AND REPAIRS SECTION 5, BID SUMMARY SHEET ITEM A (Continued): UNIT PRICE TOTAL COST ANNUAL (TO BE AWARDED AS A GROUP) ESTIMATED QUANTITIES 23. 10 Each 3" discharge hose 100 ft. sections $ 1.00 /ea $ 10.00 24. 15 Each 4" discharge hose 100 ft. sections $ 1.00 /ea $ 15.00 25. 15 Each Point repair (8" pipe) up to 9 linear feet $ 950.00 /ea $ 14,250.00 26. 15 Lin. Ft. Additional charge (8" pipe) per linear foot $ 1.00 /ft $ 15.00 27. 15 Each Point repair (10" pipe) up to 9 linear feet $ 950.00 /ea $ 14,250.00 28. 20 Ln. Ft. Additional charge (10" pipe) per linear foot $ 1.00 /ft $ 20.00 29. 20 Each Point repair (12" pipe) up to 9 linear feet $ 850.00 lea $ 17,000.00 30. 20 Ln. Ft. Additional charge (12" pipe) per linear foot $ 1.00 /ft $ 20.00 31. 20 Each Point repair (15" pipe) up to 9 linear feet $ 850.00 /ea $ 17,000-00 32. 20 Lin. Ft. Additional charge (15" pipe) per linear foot $ 1.00 /ft $ 20.00 33. 10 Days 6" vacuum assisted point pump, delivered to 50.00 /day $ 500-00 the job site. VENDOR NAME: Shenandoah General Construction Company KL/Ir Meeting Type: City Council Meeting Meeting Date: 1/15/08 AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Consideration Item 3 No. concurrency County -wide. The agreement is intended to be approved by all local governments in Brevard SUBJECT: Consider for Approval the Brevard County School Board's Interlocal Agreement, for School Concurrency and Coordination. DEPT./DIVISION: Building Department Requested Action: Consider for Approval the Brevard County School Board's Interlocal Agreement, for School Concurrency and Coordination. Summary Explanation & Background: In Chapter 163.3177(12(i) F.S. requires all local governments to implement school concurrency by December 1, 2008. The proposed interlocal agreement is intended to provide a methodology to implement school concurrency County -wide. The agreement is intended to be approved by all local governments in Brevard County and to be implemented prior to the December 1, 2008 statutory deadline. The agreement is requiring an aggressive deadline of July, 2008. In order to meet all the timeline stipulations, either the City will need to immediately process comprehensive plan amendments or the School Board's deadlines will need to be adjusted to be more in line with the statutory requirement. The overall intent of School concurrency is the same as the intent for other concurrency issues like roads., water, sewer, drainage, solid waste, and parks. The intent of concurrency is to insure that services are available as new development occurs. Staff's comment remains the same the Cape Canaveral Student Generation Rate is lower than the rest of the County and would like to have a lower generation rate recognized by the County. The County has concerns with applying a different student generation rates for each community because of the county -wide school impact fees are also county -wide. This issue has not been resolved. Exhibits Attached: #1 Miller Legg Executive Summary; #2 Draft Brevard County School Board Interlocal Agreement City Planner's,(Ance r ' ; Department: Building Department A EXECUTIVE SUMMARY OF THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY The following is an executive summary, prepared by Miller Legg, of the Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrency. This ILA is between Brevard County, the Cities within Brevard County and the School Board. The ILA is required by Chapter 163.31777, 163.3180(13), and 1013.33, F.S., which require the County, Cities and School Board to update their Public School Interlocal Agreement to establish school concurrency to satisfy Chapter 163.3180 (12)(8)1, F.S. The following are key elements that are included in the ILA: Commitments - Section 9.0 of the ILA has been included below. This section specifically describes the responsibilities of the County and Cities involved in the School Concurrency Process. This sections states: 9.1 Specific Responsibilities of the County and Cities. When the Comprehensive Plan amendments adopted in accordance with this Agreement become effective, the County and Cities shall undertake the following activities: (a) Adopt the required school concurrency provisions into their Land Development Regulations (LDR) consistent with the time frame established by law, the requirements of this Agreement, and the County and Cities' comprehensive plans, unless electing to be bound by the provisions established by the County. (b) Withhold the approval of any rezoning, site plan, preliminary plat, or functional equivalent for new residential units not exempted under Section 13.1(c) of this Agreement, until the School District has reported that there is school capacity available to serve the development being approved consistent with the requirements of this Agreement. (c) Share information with the School District regarding population projections, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities, and amendments to future land use plan elements consistent with the requirements of this Agreement. (d) Maintain data for approved new residential development. The data shall be provided to the School District annually by October 15th, and include at a minimum, the following: 1. Development name and location 2. Total number of dwelling units by unit type (single-family, multi -family, etc.) 3. Impact fee calculation 4. Total number of dwelling units with certificates of occupancy (CO) by development (e) Transmit site plans, preliminary plats and final plats for approved new residential development upon request by the School District, for their review and comment. Meetings - There will be three established groups which will participate in joint meetings created by the ILA. The first is a Staff Working Group which shall consist of staff from the School Board, Brevard County and a representative from each participating City. The City and County Staff is responsible for providing the five-year population projections at the first Staff Working Group. The population projections shall help the Staff Working Group and local jurisdictions prepare for future grown in the subject area. Secondly, an Annual Meeting of Elected Officials shall be established with one or more representatives from the School Board, Brevard County and each participating City. It is anticipated that the Brevard County Summit may be utilized as the meeting platform for the annual meeting of elected officials. Lastly, a Capital Outlay Committee (COC) shall be created. The COC will serve as the required oversight committee for school concurrency as detailed in Section 14 of the ILA. The committee will consist of representatives from the School Board, Brevard County and the participating Cities and will meet twice a year at mid-September and mid-March. Impacts - The ILA will impact Cape Canaveral in its development approval process. Before a rezoning, site plan, preliminary plat, or functional equivalent for new residential development is issued for a certain application, the City and/or applicant shall obtain a School Capacity Availability Determination Letter (SCADL) as described in Section 13.1(a) of the ILA. However, there are certain exceptions to this requirement as described in this same section of the ILA. The determining factors for issuing this letter will be the impacted school's Level of Service (LOS) or capacity to accommodate additional students generated by the proposed development. This will be determined by the Capital Outlay Committee which acts as the concurrency oversight committee. The LOS shall be 100% as measured by the Florida Inventory of School Houses (FISH). Then the Concurrency Service Area is examined with which the subject schools fall in. It should be noted that the School Board is working on a School Concurrency Application form to be used by local jurisdictions although, the City could draft their own if it so chooses. Concurrency Service Areas - The Concurrency Service Areas (CSA) are a geographic unit adopted by the School Board and local Governments within which the level of service is measured when an application for residential developments are reviewed for school concurrency purposes. If it is determined that a CSA is over capacity than all adjacent CSA's will be evaluated. Adjacent CSA's may also be utilized to serve new developments as long as the LOS is not exceeded. School Concurrency Application Review - Developers submitting a residential development permit application must prepare and submit a School Impact Analysis (SIA) to the City for review. The City shall forward a copy of the SIA to the School Board in order for school capacity to be determined. In the event that there is not adequate capacity available in the Concurrency Service Area or any adjacent Concurrency Service Areas, than the School Board will issue a SCADL detailing why the development is not in compliance. The opportunity will still be available for the applicant to enter into a negotiation period to allow time for the mitigation process described in Section 13.5 of the ILA. When capacity has been determined to be available, the School District shall issue a SCADL verifying available capacity to the applicant and affected local government. Note that there are certain exemptions from school concurrency review outlined in section 13.1(c) of the ILA. Once a SCADL is issued by the School Board indicating that sufficient capacity exists, then the City may offer a "Concurrency Evaluation Finding of Nondeficiency", or the functional equivalent. At this time, capacity may be considered reserved for an application for residential development. Local School Status: - The current status of schools serving the City of Cape Canaveral is both under and over capacity. Cape View is under capacity (62%), and Cocoa Bch is over capacity at 124%. The School Board is looking into the program issues that are creating the excess membership at Cocoa Beach. The adjacent CSA, Satellite Beach, is currently at 103%. However, the School Board indicates that it will most likely fall below 100% for school year 2008-09, as Viera High will open grade 12. This would allow potential residential development in Cape Canaveral to proceed. The district states that it is aware of the work that must be done in order to meet the LOS of 100% within the next 5 years. However, since the Concurrency Service Area (CSA) that Cocoa Beach High falls within is over capacity, adjacent CSA's may be evaluated to absorb additional students generated by residential development. The State Department of Community Affairs and the University of Florida is working on a concurrency tracking system that may be offered for free to local governments. Miller Legg is looking into obtaining this free software on behalf of the City. Implications of Adoption — Florida Statutes require Comprehensive Plan updates by December 1, 2008. However, adoption of the ILA will also require that the City adopt the associated Comprehensive Plan Amendments including the, Public Schools Facilities Element (PSFE), Intergovernmental Coordination Element (ICE), and Capital Improvements Element (CIE) no later than March 1, 2008. After the adoption of these elements, the school concurrency process will begin on July 1, 2008. In addition to the revisions to the Comprehensive Plan, the Land Development Code must also be updated to incorporate the new school concurrency requirements by July 1, 2008. or "opt in" to the County regulations. If the City chooses to Opt in then it must agree to be bound by the terms and provisions therein until it adopts its own ordinance. The City may create its own LDR ordinance at any time. To date, the following cities have adopted the ILA. These cities are Palm Shores, Satellite Beach and Malabar. There are still several other municipalities that have not adopted the ILA pending further information from the School Board. THE FVTV F:E C" F FLO RI C•A'S SPACE C�CAST BREVARD COUNTY GOVERNMENT SUMMIT OCTOBER 26, 2007 HANDOUT FOR SCHOOL CONCURRENCY 1. STUDENT PROJECTIONS 2. DEFINITIONS AND FREQUENTLY ASKED QUESTIONS 3. KEY DATES AND SCHEDULE OF FUTURE ACTIVITIES 4. OVERVIEW 0 0 0 0\o\\o\ \ \ \ \\o 0 0 0 0 0 0 0 0 0 0 0 0 0 O N (0 O 00 CO r- In O NLO f` In �oIN000MMMMOr-NNf`O r-0000000 0C) -O 1 I I I I I I I r-NN00000M0MMNo0 Od'd'00Nr-M00M0M :3 00 LO N N N N ' 00 r• r' M ' Q � 1 r- co 00 1 CO 00 O CO N (0 N (0 LO O N I- 0 O LO�- M r- r- 0 I- M CD 00 0) 00 O (D In In O N O CD N 0000r-NM0004 Q N r- (D M O O N 00 CO O O 00 M O00MM(DN00OI�InMl� a) NOr•Nd'M��-MNON C�COf`OOOr-NM00I--0 O I LO 00 N I r - N N O M O Co I` 00 O O r- N M d' 0 (D o MO 0 0 0 0 0 0 0 0 0 0 0 0 M0(Df�0000r-NM'10(D 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O NNNNNNNN , M a A -a _ a) (� O V CL 90 Lo 90 50 t0 co zo F- W ,N 00 U. 66 96 L6 96 w O O O O O O O O O O O O O O O O O O CO d N O 00 CO r- O O diysaagwaw juapnjS SCHOOL CONCURRENCY DEFINITIONS School Concurrency A requirement that public school facilities needed to maintain the adopted level of service are in place prior to or concurrent with the impacts of new residential development. Interlocal Agreement for Public School Facility Planning (ILA) The Interlocal Agreement for School Concurrency (ILA) spells out the responsibilities of all the parties associated with school concurrency. It must be signed by the School Board and all local governments and approved by the Department of Community Affairs (DCA). The existing ILA must be revised to include school concurrency and must be signed by all parties. The revised ILA will include: • Framework for school concurrency • Uniform level of service • Defined service areas • Development review procedures • School siting criteria • Co -location of public facilities • Monitoring and evaluation Data and Analysis • Student projections • Financial projections • Student generation rates • Current/future facility needs • LOS standards • Service area boundary(') • GIS mapping Public School Facility Element (PSFE) A PSFE must be adopted into all Comprehensive Plans. It will include: • Based on data and analysis • Uses ILA to establish goals, objectives and policies • Addresses emergency preparedness • Includes map series Capital Improvement Element (CIE) Updated to include School District's Five -Year Capital Improvement Summary • Financial Feasibility • Based on Concurrency Service Areas • Must achieve and maintain adopted LOS I'ao,e l of"I Intergovernmental Coordination Element (ICE) New policies will include: • Coordination • Siting • Joint -use • Public infrastructure availability • Dispute resolution Concurrency Service Area (CSA) A Concurrency Service Area is the defined area in which the impact of a residential development is measured. It may be district -wide but must be less than District -wide within five years. Capacity in adjacent CSA's must be considered if CSA's are less than District -wide. Level of Service (LOS) • Sets the maximum utilization rate for schools (student enrollment to capacity) • Based on 100% of permanent FISH capacity. • Must be financially feasible - tied to the District's capital plan • Must be uniform district -wide for each school type • Can be tiered to meet LOS Proportionate Share Mitigation (PSM) A legally binding agreement with developer, local goverment and School Board. Allows a developer to proceed if capacity is not available in the CSA or adjacent CSAs. Can include: • Donation of land/buildings • Renovation of existing school facilities • Construction of pennanent student stations • Construction of schools in advance of the time set forth in School District's 5 year plan • Financial contribution/mitigation bank FREQUENTLY ASKED QUESTIONS ABOUT SCHOOL CONCURRENCY Will school concurrency stop growth? No. It will require that the impact of unplanned growth pay its fair share of the cost of the impact. Are vested developments affected by this? No. Vested developments are included in the planned growth based on agreed absorption rates. Does everyone have to do this? Melbourne Village has been exempted. What happens if I don't agree to participate? The School District will not receive Capital Outlay funding from the FDOE. A local government will not receive approval for land use changes that increase residential density. Page 2 of 3 What is the size of the proposed Concurrency Service Areas (CSA)? Brevard Public Schools has proposed that each school attendance boundary is a CSA. Should Concurrency Service Areas (CSA) be larger than school boundaries? No. The smaller the CSA, the more closely the impact of a new development is addressed at the impacted school(s). The requirement to use available capacity in adjacent CSA's makes even the school boundary CSA quite large. It is better to start with the school boundary CSA's, even if it means using a tiered Level of Service (LOS) for the first several years. What is the proposed Level of Service? We have proposed 100% of permanent capacity as the maximum LOS at which we can deliver quality educational programs. The permanent capacity of all schools is contained in the Florida Inventory of School Houses (FISH) maintained by the Florida Department of Education (FDOE). Can Brevard Public Schools achieve a 100% Level of Service? Yes. Although we can not achieve this LOS immediately if we choose to establish Concurrency Service Areas (CSA) that are smaller than District -wide, it is achievable within 5 years. What is a "tiered" Level of Service? We will start with the highest utilization for each school type (elementary, middle and high) and reduce the highest utilization for each type every year. We can achieve a 100% LOS for all school types within five years. Is the proposed Level of Service financially feasible? Yes, the School Board is willing and able to fund the new capacity contained in the approved 10 - Year Facility Improvement Plan to create adequate new capacity to achieve a 100% LOS. Do school boundaries need to be changed? Yes. Capacity at under-utilized schools adjacent to over -crowded schools must be utilized. The DOE will not approve the student stations necessary to add capacity to over -crowded schools unless the capacity at all adjacent schools is fully utilized. If a school (CSA) and the adjacent schools (CSA's) are over the LOS, can a development proceed? Yes. The developer can pay the Proportionate Share Mitigation (PSM) to mitigate the impact of the students that exceed the LOS. Do Impact Fees eliminate the need for Proportionate Share Mitigation (PSM)? No. Although the School Impact Fees will be deducted from the PSM, the current School Impact Fee does not cover the cost to construct a new student station. How will school concurrency be implemented? All local governments must adopt a consistent a Public School Facilities Element (PSFE) and amend their Capital Improvements Element (CIP) to include the School District's adopted Financially Feasible Capital Plan in their Comprehensive Plans no later than 3/1/08. Page 3 of 3 KEY DATES FOR SCHOOL CONNCURRENCY The 2005 Growth Management legislation (SB 360) was signed into law by Governor Bush on 6/24/05. It is the most significant change in Florida's growth management laws since 1985. with legal and planning ramifications that directly impact school boards and local governments. Among the growth management reforms included in the law, it requires all local governments to implement school concurrency by adopting a Public School Facilities Element into its comprehensive plan no later than 12/1/08. Brevard's deadline is 3/1/08. The School District has been working closely with the 16 local governments in Brevard County for the past year to implement the requirements of this legislation. Following are the key dates of this effort: ■ 3/3/06: School Board Workshop ■ 3/14/06: Hired Kimley Horn and Associates, Inc. as Growth Management consultant ■ 6/16/06: Meeting with Local Planning Authority staff (Semi-annual meeting required by the current Interlocal Planning Agreement) ■ 8/15/06: Meeting with Brevard County Public Management Association ■ 9/27/06: Meeting with local government managers and planners ■ 10/9/06: Presentation to League of Cities Meeting ■ 10/19/06: Meeting with local government managers and planners ■ 11/16/06: Meeting with local government managers and planners ■ 12/12/06: Submitted Draft of Interlocal Agreement to the Department of Community Affairs (DCA) ■ 1/19/07: City/County/School Board Summit Meeting ■ 2/13/07: School Board Workshop ■ 3/13/07: School Board Meeting — Approved Student Enrollment Projections, 100% Tiered Level of Service and Concurrency Service Areas ■ 3/23/07: Meeting with Local Planning Authority staff ■ 3/30/07: Submitted Draft Public Schools Facility Element to DCA ■ 5/31/07: Submitted Final Public Schools Facility Element to DCA ■ 6/8/07: Submitted model Public Schools Facility Element to local governments ■ 8/20/07: Space Coast Growth Management Coalition Meeting ■ 9/5/07: Meeting with local government managers and planners ■ 9/17/07: Space Coast Growth Management Coalition Meeting ■ 9/20/07: Meeting with local government managers and planners ■ 10/9/07: School Board Meeting — Approved Interlocal Agreement ■ 10/23/07: Interlocal Agreement signed by School Board and transmitted to local governments for signature See the Comprehensive Plan Amendment Process flowchart for a timeframe of future activities. Page 1 of 1 Local government requests review_ 7Zegnes RPC/Affected person request o recfei+ review. DCA issues ORC (Within 60 days cf-celpt ofcomplete proposal amendmanti. Proposed Phase Local govenment transmits three copies of the plan amendment to the Department of Community Affairs (DCA) and one copy to review agencies ' (Local govemmeot may request review at transmittal)_ Complefe RsL,,-,brigovement and agencies notified ittal is `complete' (Within eve working s of receipt). Review agencies send comments to DCA. (Within 30 days ofr=_celpt ofcomplete amendment) Regional Planning Council (RPC 'V Affected person sends DCA request to review_ (Must be received within 30 days after transmitta0. 'Vo request In review / DCA notifies \ local government of its decision to review. (Within 35 days of receipt of complete amendment) Adopted Phase Local government adopts plan amend- ments with effective date_ (within 60 days after receipf ofORC or .,thin 120 days for an EAR -based amendment) Local government submits three copies of adopted plan amendment to DCA, one copy to review agencies_2 iwthtn 10 working days after adoprisr) Local govenment and agencies notified submit- b,compICle " tans "incomplete five Working days of rece ct) I Review agencies include. appropriate Regional Planning Council and Water Management District, Department of Transporta- tion. Department of Environmental Protection, Department of State, the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commis- sion and the Department of Agriculture and Consumer Services (county plan amendments only), and the Department of Education (public educational facilities element only) and for certain local governments. the appropriate military installation. 4dopted Amendnnent udth Objections lir Changes" I 'Unchanged 9mendment not Rciiewed or kith not Objections DCA issues DCA issues Notice of Intent e of Intent (NO[). t ✓min as /n.,bn" (NOI)' (Within zodaysofreeerntofa ofreceipt of o complete adopted ecmpleta adopted plan amendment) Plan amendmantl ',%ot in Collip/iaace - DCA requests hearing, IIn Compliance" If challenged, DOAH. 01--1 ofAdministra- DCA does not review for Affected Party has 21 days tv Hearings. Departmentof to challenge or found not in Marlaoement Services) governments are required to submit one copy of the If challenged, refer to compliance DOA H Administrative amendment to DCA and Proceeding pursuant to the RPC. negotiation may Administrative Proceeding lead to a pursuant to s. 120 5 7 . F.S. compliance agreement and DCA or Administration remedial plan Commission Final Order amendment pursuant to s. 163 3184(16), FS Effective E i DCA IIn Compliance" DCA does not review for Affected Party has 21 days compliance adopted small to challenge scale amendments. Local governments are required to submit one copy of the If challenged, refer to adopted small scale DOA H Administrative amendment to DCA and Proceeding pursuant to the RPC. s 120.57, FS S DCA or Administration Commission Final Order I Effective Date I Updated February 2007 3 NOI will be published 30 days after receipt of compliance agreement amendment. ° Local government confirms that the adopted amendment is unchanced from the proposed amendment was not reviewed and no objec- tions were raised by an affected party or the Department. School Concurrency in Brevard County An Overview, Progress, Local Government Requirements, Actions, and Timeframe Overview Public schools are essential components to the well-being and future of a community. Residential development occurring within the community is the primary factor associated with student population growth within a public school system. Because of the relationship between residential development and the provision of public schools, coordination among the School Board of Brevard County (school district), Brevard County, and the Cities/Towns of Brevard County (local governments), is critical to ensure that public school capacity needs for future student growth can be met within the public school system. Recognizing the importance of the availability of capacity at an adopted level of service for public schools, the 2005 Florida Legislature enacted legislation amending Sections 163.3180 and 163.3 177, Florida Statutes (F.S.), mandating the implementation of a public school concurrency program. School concurrency requires that public school capacity, at an adopted level of service, will be available to meet student growth through a school district's financially feasible capital program supported by data and analysis. The School District, Brevard County and the following Cities are working together, in preparation for school concurrency: Cape Canaveral Melbourne Beach Cocoa Palm Bay Cocoa Beach Palm Shores Indialantic Rockledge Indian Harbour Beach Satellite Beach Malabar Titusville Melbourne West Melbourne Progress to Date Local governments are already party to a School Interlocal Agreement with the School Board. Approved in 20031, this Agreement addresses the siting and construction or redevelopment of public school facilities, as well as joint planning and the impacts of residential development on the public school system. Local government staffs have been working with the staff of the School Board for over 18 months developing revisions to the Agreement that satisfy the school concurrency mandate. Page 1 of 3 A Data and Analysis Report has been developed in accordance with the requirements of 163.3177(12)(c), F.S. and 9J-5.025(2), Florida Administrative Code (F.A.C.), to provide support and a detailed analysis of population, housing, and student growth, as well as projections of future growth based on sound planning principles. The results of the Report support the Public School Facilities Element (PSFE) for the School Concurrency Program. The Data and Analysis Report provided for the PSFE identifies the geographic areas in which the level of service standard will be measured known as a School Concurrency Service Areas (SCSA). The Report also recognizes the coordination between the school district and local governments necessary for planning and permitting residential development to ensure that school capacity is available at the adopted level of service for schools prior to, or concurrent with, the student impact from residential development. In addition, the Data and Analysis Report provides information and a basis for the School District's Five -Year Capital Facilities Plan, which is required to be financially feasible and identifi, how the school district will correct any existing deficiencies to attain the adopted LOS, and maximize school utilization. The Report's data shows that capacity is added, based on student growth, in accordance with the annually adopted financially feasible Five -Year Capital Plan. The adopted LOS standard for each school type within a SCSA will not be exceeded for the five year planning period through the continued coordinated planning of school facilities with the local governments. Local Government Requirements and Actions Florida law requires that each local government adopt a new Public School Facilities Element (PSFE) describing level of service standards for schools supported by data and analysis showing how the standards will be achieved and maintained. This ability to achieve and maintain the adopted LOS must be based on the School District's financially feasible Five -Year Capital Facilities Plan as discussed above. A Summary of the school district's Five -Year Capital Facilities Plan, as developed will be annually updated and adopted into each local government's Capital Improvements Element (CIE). Furthermore, the law requires that the public school LOS standards also be adopted into each local government's capital improvement element, and must apply to all schools of the same type (elementary, middle, and high). In addition, the Intergovernmental Coordination Element (ICE) must be amended to show consistency for public schools. Timeframe and Consequences A draft of the Public School Facilities Element, utilizing the County model, was forwarded by the school district to each local government on June 8, 2007. The July 2007 draft of the Interlocal Agreement for Public School Facility Planning and School Concurrency, and examples of a revised CIE and ICE necessary for the school concurrency program were likewise forwarded by the school district to each local government on August 21, 2007. In September, it is hoped that the various planning boards will review the documents for a full understanding, and will develop the Page 2 of 3 amendments as appropriate for their use. It is proposed that, after the documents have been reviewed, and receive the consensus of the local government's elected councils, they will be transmitted to the Florida Department of Community Affairs (DCA) for review in October, 2007. This would allow the DCA to issue its Objections, Recommendations and Comments (ORC) report by January 2008 (60 days after receipt). The local governments then have 60 days in which to adopt the plan amendments. A required party (City, County, or School District) choosing not to participate in school concurrency may cause sanctions to be imposed against it. A failure to execute the Agreement and implement a unifonn system of school concurrency in the state designated timeframe may result in that local government not receiving state funds, including grants. In addition, a local government could lose the ability to approve any plan amendment that increases its residential development. By the same token, the school district could lose school construction funds from the Department of Education if it does not execute the updated Interlocal Agreement consistent with the comprehensive plan elements. Pursuant to state law and the mandatory DCA schedule, the updated Interlocal Agreement must be executed, and comprehensive plan amendments must be adopted by the local governments by an effective date of March 1, 2008. Within 120 days of the effective date of the required Comprehensive Plan Amendments, each local governnent shall implement school concurrency with school concurrency provisions adopted into its land development regulations (I -DR) consistent with the requirements of the program. Upon the implementation date, the local governments will require all residential plat approvals and site plans that are neither exempt nor vested to undergo public school concurrency review. Summary Each local government must adopt consistent amendments to its comprehensive plan, as well as to the updated Interlocal Agreement. These comprehensive plan amendments include: a new Public School Facilities Element and amendments to the Capital Improvements Element. and the Intergovernmental Coordination Element supported by data and analysis. This information update is provided to all local governments within Brevard County in order to assist in preparing for the required public school concurrency program, consistent with the state statutes. Page 3 of OCTOBER, 2007 50300OK06 The School Board of Brevard County, The Brevard County Commission, and The Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, and West Melbourne ©�� IGn�ey-Han Wd Affiodft Its Table of Contents for the Interlocal Agreement INTRODUCTION...........................................................................................................................1 SECTION1. DEFINITIONS........................................................................................................2 SECTION2. JOINT MEETINGS................................................................................................6 2.1 Staff Working Group......................................................................................................6 2.2 Annual Meetings of Elected Officials.............................................................................6 2.3 Capital Outlay Committee (COC)..................................................................................6 SECTION 3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS ........................6 3.1 Population and Student Enrollment Projections Distributed Annually .......................... 6 3.2 Student Projections.......................................................................................................7 SECTION 4. COORDINATING AND SHARING OF INFORMATION.........................................7 4.1 Tentative District Educational Facilities Work Plan.......................................................7 4.2 Educational Plant Survey..............................................................................................7 SECTION 5. SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES .....7 5.1 New School Sites..........................................................................................................7 5.2 School Site Plan Review...............................................................................................8 5.3 Major Renovations and Closures..................................................................................9 SECTION 6. SUPPORTING INFRASTRUCTURE.....................................................................9 6.1 Joint Consideration of On -Site and Off -Site Improvements...........................................9 SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS ................9 7.1 Appointed LPA Members...............................................................................................9 7.2 County and City Development Applications Shared with the School Board ..................9 7.3 Criteria for Evaluating Residential Development Applications.......................................9 7.4 Formulating City and County Plans and Programs.....................................................10 SECTION 8. CO -LOCATION AND SHARED USE..................................................................10 8.1 Co -location and Shared Use.......................................................................................10 8.2 Mutual Use Agreement................................................................................................11 SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES...........................................11 9.1 Specific Responsibilities of the County and Cities.......................................................11 9.2 Specific Responsibilities of the School Board.............................................................12 SECTION 10. SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN.................................12 10.1 School District's Five -Year Capital Facilities Work Program.......................................13 10.2 Tentative Educational Facilities Plan...........................................................................13 10.3 Transmittal...................................................................................................................13 10.4 Adoption......................................................................................................................14 10.5 Amendments to the School District's Five -Year Capital Facilities Work Program .......14 Brevard County School Planning Interlocal Agreement -October. 2007 Page SECTION 11. COMPREHENSIVE PLAN ELEMENTS..........................................................14 11.1 Required Comprehensive Plan Amendments.............................................................14 11.2 Development, Adoption and Amendment of the Capital Improvements Element (CIE)..........................................................................15 11.3 Development, Adoption and Amendment of the Public School Facilities Element(PSFE).....................................................................15 11.4 Intergovernmental Coordination Element....................................................................16 SECTION 12. SCHOOL CONCURRENCY PROGRAM........................................................16 12.1 Commencement of School Concurrency.....................................................................16 12.2 Concurrency Service Area (CSA) Boundaries.............................................................16 12.3 Level of Service (LOS)................................................................................................17 12.4 School Concurrency Regulations................................................................................18 SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS........................................18 13.1 General Provisions......................................................................................................18 13.2 School Concurrency Application Review.....................................................................19 13.3 School Concurrency Approval.....................................................................................21 13.4 Development Review Table.........................................................................................21 13.5 Proportionate Share Mitigation....................................................................................22 13.6 Appeal Process...........................................................................................................24 SECTION14. OVERSIGHT....................................................................................................24 14.1 Oversight.....................................................................................................................24 SECTION 15. SPECIAL PROVISIONS..................................................................................25 15.1 School District Requirements......................................................................................25 15.2 Land Use Authority......................................................................................................25 SECTION 16. AMENDMENT PROCESS, NOTICE AND TERM OF AGREEMENT .............25 16.1 Amendment of the Agreement.................................................................................... 25 16.2 Notice Requirements.................................................................................................. 25 16.3 Repeal of Agreement.................................................................................................. 25 16.4 Termination of Agreement.......................................................................................... 25 16.5 Withdrawal..................................................................................................................26 SECTION 17. RESOLUTION OF DISPUTES........................................................................26 17.1 Dispute Resolution......................................................................................................26 SECTION 18. EXECUTION IN COUNTERPARTS................................................................26 18.1 Agreement Execution..................................................................................................26 Signature Pages ......... 26-41 Appendix............................................................................................................................... 42-48 Appendix "A" - Concurrency Service Area (CSA) Maps Appendix "B" - Tiered Level of Service Table Appendix "C" - School District Student Generation Multiplier Appendix "D" - School Concurrency Review Process Flow Chart Brevard County School Planning Interlocal Agreement - October, 2007 Page ii INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Brevard County, Florida THIS AGREEMENT is entered into with the Brevard County Board of County Commissioners (hereinafter referred to as the "County"), the Commission or Council of the Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville and West Melbourne (hereinafter referred to as the "Cities"), and the School Board of Brevard County (hereinafter referred to as the "School Board"), collectively referred to as the "Parties". The Town of Melbourne Village qualifies for an exemption from the ILA for School Concurrency at this time. WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their community; and WHEREAS, the County, Cities and the School Board are authorized to enter into this Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2 and Section 1013.33, Florida Statutes (F. S.); and WHEREAS, the Town of Melbourne Village qualifies for exemption in accordance with Section 163.3177(12)(b), F. S.; and WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co -locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, the County, Cities and School Board have determined that it is necessary and appropriate for the entities to cooperate with each other to provide adequate public school facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent student stations, and to provide capacity for projected new growth; and WHEREAS, Section 1013.33, F.S., requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) I and 2, F.S., require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted Brevard County School Planning Interlocal Agreement — October, 2007 Page 1 comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.3177(7) and 1013.33, F.S., require the County, Cities and School Board to establish jointly the specific ways in which the plans and processes of the school board district and the local governments are to be coordinated; and WHEREAS, Sections 163.31777, 163.3180(13), and 1013.33, F.S., require the County, Cities and School Board to update their Public School Interlocal Agreement to establish school concurrency to satisfy Section 163.3180 (12)(g)1, F.S. and WHEREAS, The Agreement acknowledges both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders; and WHEREAS, the County and Cities are entering into this Agreement in reliance on the School Board's obligation to prepare, adopt and implement a financially feasible capital facilities program to achieve public schools operating at the adopted level of service consistent with the timing specified in the School District's Capital Facilities Plan, and the School Board's further commitment to update the plan annually to add enough capacity to the Plan in each succeeding fifth year to address projected growth in order to maintain the adopted level of service and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Section 163.3180 (13)(c)2, F.S.; and WHEREAS, the School Board, is entering into this Agreement in reliance on the County and Cities' obligation to adopt amendments to their local comprehensive plans to impose School Concurrency as provided in Section 163.3180(13), Florida Statutes; and WHEREAS, Section 1002.33(1), F.S., states that charter schools shall be part of the state's program of public education and that all charter schools are public schools. A charter school may be formed by creating a new school or converting an existing public school to charter status. NOW THEREFORE, be it mutually agreed among the School Board, the County and the Cities (hereinafter referred to collectively as the "Parties") that the following definitions and procedures will be followed in coordinating land use, public school facilities planning, and school concurrency. SECTION 1. DEFINITIONS Adjacent Concurrency Service Area: A concurrency service area which is contiguous and touches the boundary of another concurrency service area along one side to the extent practicable, taking into account water bodies, and limited access interstate corridors. Attendance Zone: The geographic area which identifies the public school assignment for students. Brevard County School Planning Interlocal Agreement — October, 2007 Page 2 Capital Outlay Committee (COC): Committee responsible for the oversight of school concurrency. Cities: All municipalities in Brevard County, except any of those that are exempt from the requirements of school concurrency, pursuant to Section 163.3177(12), F.S. Charter School: Public schools of choice which operate under a performance contract, or a "charter," in accordance with Section 1002.33, F.S. Class Size Reduction: Florida Constitutional amendment creating class size limits for teacher to pupil ratios for core educational instruction. Beginning in the 2010 school year, a sufficient number of classrooms in a public school will permit: 1. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for pre -kindergarten through grade 3 does not exceed 18 students; 2. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students; and 3. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 9 through 12 does not exceed 25 students. Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 and 163.3178 F.S. Concurrency Service Area (CSA): A geographic unit adopted by the School Board and local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. Consistency: Compatible with and furthering the goals, objectives and policies of the Comprehensive Plan Elements and this Agreement. Core Facilities: The media center, cafeteria, toilet facilities and circulation space of an educational facility. Developer: Any person, including a governmental agency, undertaking any construction. Development Order: Any order granting, or granting with conditions, an application for a development permit. Development Permit: Any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Educational Facility: The buildings, equipment, structures and special educational use areas that are built, installed or established to serve educational purposes. Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and development of school facilities, owned and operated by the school district, needed to serve Brevard County School Planning Interlocal Agreement — October, 2007 Page 3 new growth and development. Educational Plant Survey: A systematic study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student based on projected capital outlay FTE's approved by the Department of Education. Exempt Local Government: A municipality which is not required to participate in school concurrency when meeting all the requirements for having no significant impact on school attendance, per Section 163.3177(12)(b), F.S. Financial Feasibility: An assurance that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a 5 -year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level -of -service standards are achieved and maintained within the period covered by the 5 -year schedule of capital improvements. The requirement that level -of -service standards be achieved and maintained shall not apply if the proportionate -share process set forth in s. 163.3180(12) and (16) is used (ref. 163.3164(32) F.S.). Five -Year Capital Facilities Work Program: The School Board's annually adopted financially feasible, five-year list of capital improvements which provide for student capacity to achieve and maintain the adopted level of service. Florida Inventory of School Houses (FISH): The current edition, published by the Florida Department of Education, Office of Educational Facilities, listing all land and facilities owned or acquired under a long-term (40 or more years) lease agreement by local school boards (hereinafter referred to as "FISH). Full -Time Equivalent (FTE) Student Count: Fall Semester: The fall semester count of all "full-time equivalent" students, pursuant to Chapter 1011.62, F.S. Level of Service (LOS): A standard or condition established to measure utilization within a Concurrency Service Area Boundary. Local Governments: Brevard County and its Cities. Maximum School Utilization: The balance of student enrollment district -wide, to ensure the most efficient operation of each school within the adopted LOS standard, based on the number of permanent student stations according to the FISH inventory, taking into account the Florida Department of Education (FDOE) utilization factor, special considerations such as, core capacity, special programs, transportation costs, geographic impediments, court ordered desegregation, and class size reduction requirements to prevent disparate enrollment levels to the greatest extent possible. Permanent Capacity: The floor area in a permanent classroom required to house a student in an instructional program, as determined by the FDOE. Brevard County School Planning Interlocal Agreement — October, 2007 Page 4 Permanent Classroom: An area within a school that provides instructional space for students assigned to a teacher which the school board considers not temporary and cannot be relocated.. Program Capacity: A FDOE regulated space within a school used to meet the needs of special programs, including exceptional education and English for Speakers of Other Languages (ESOL) classes, which contribute to a school's capacity. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the local government with jurisdiction over the approval of the development order to provide compensation for the additional demand on public school facilities created through the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. Proposed New Residential Development: Any application for new residential development or any amendment to a previously approved residential development, which results in an increase in the total number of housing units. Public Facilities: Civic capital assets including, but not limited to, transit, sanitary sewer, solid waste, potable water, schools, parks, libraries and community buildings. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. School Board: The governing body, established Article IX, Section 4, of the Florida Constitution, which shall operate, control and supervise all free public schools within the school district and determine the rate of school district taxes within the limits prescribed. School Capacity: A school's ability to house maximum number of students permitted by the FISH inventory. School Capacity Availability Determination Letter: A letter prepared by the School District of Brevard County, identifying if school capacity is available to serve a residential project, and if capacity exists, whether the proposed development is approved or vested. School District: The School District of Brevard County is created pursuant to Article IX, Section 4, of the Florida Constitution, which establish that each county shall constitute a school district unless otherwise established upon a vote of the electors of the county. School District Capital Facilities Work Program: The adopted Brevard County School District's Five -Year Capital Plan and Capital Budget as authorized by Section 1013.35, F.S. School Impact Analysis: A formal description of a residential project subject to school concurrency review provided by the developer for School District review in accordance with Section 13.1 of this Agreement. Temporary Classroom: A movable classroom facility for non -permanent student stations. Tentative Educational Facilities Plan: The School District's annual comprehensive capital planning document that includes long-range planning for facilities needs over 5 -year, 10 - year, and 20 -year periods. Brevard County School Planning Interlocal Agreement—October, 2007 Page 5 Tiered Level of Service: A level of service which is graduated over time, used to achieve an adequate and desirable level of service at the end of a specified period of time, as permitted by the Florida Statutes. Type of School: An educational facility providing the same level of education, i.e. elementary, middle, junior/senior, or high school or special purpose school such as magnet school. Utilization: The comparison of the total number of students enrolled to the total number of student stations (FISH) at a school facility. SECTION 2. JOINT MEETINGS 2.1 Staff Working Group. A staff working group comprised of staff representatives from the County, School Board, and Cities will meet on a semi-annual basis, in December and July, to discuss issues and formulate recommendations regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co -location and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the Regional Planning Council will also be invited to attend. A designee of the School Board shall be responsible for coordinating and convening the semi-annual meeting. 2.2 Annual Meetings of Elected Officials. One or more elected representatives of the County, each City and the School Board will meet annually in September to discuss the draft Tentative District Educational Facilities Work Plan, which includes the Five -Year Capital Facilities Program submission to DOE in a joint workshop session. A representative of the Regional Planning Council will also be invited to attend. The joint workshop sessions will provide the opportunity for the County, the Cities, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. The Parties will discuss opportunities to co -locate schools with other public facilities such as parks, libraries, and community centers to the extent possible. 2.3 Capital Outlay Committee (COC). The Parties hereby establish a Capital Outlay Committee (COC) for the purpose of reviewing potential sites for new schools, proposals for significant renovation, potential closure of existing schools and opportunities to co -locate schools with other public facilities such as parks, libraries, and community centers to the extent possible. Based on information gathered during the review, the COC will submit recommendations to the Superintendent or designee. Additionally, the COC will be a standing committee to review the School District's annual Five -Year Capital Facilities Work Program in accordance with Section 4.1 and 10 of this Agreement, and serve as the required oversight committee for school concurrency as detailed in Section 14 of this Agreement. In addition to appropriate representatives of the School Board, the Committee will include at least one staff member from the County and a representative from each of the participating Cities. SECTION 3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS 3.1 Population And Student Enrollment Projections Distributed Annually. In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate Brevard County School Planning Interlocal Agreement—October, 2007 Page 6 and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. At the first staff working group meeting of the school year described at subsection 2.1, the County and Cities shall provide updated five-year population projections and the School Board will supply the annually updated student enrollment projections. 3.2 Student Projections. The School Board shall use student population projections based on information produced by the demographic data, where available, as modified by the School Board based on development data and agreement with the Cities and the County. The School Board may request adjustment to the projections to reflect actual enrollment and development trends. In formulating such a request, the School Board will coordinate with the Cities and County regarding development trends and future population projections. SECTION 4. COORDINATING AND SHARING OF INFORMATION 4.1 Tentative District Educational Facilities Work Plan. By August 1s' of each year, the School Board shall submit to the County, each City and the Capital Outlay Committee (COC) the Tentative District Educational Facilities Plan prior to adoption by the Board. (a) The plan will be consistent with the requirements of Section 1013.35, F.S., and include projected student populations apportioned geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the 5, 10, 20 -year time periods, and options to reduce the need for additional permanent student stations. (b) The plan will also include the financially feasible School District Capital Facilities Work Program for a 5 -year period. The Cities and County shall review the plan and provide written comments to the School Board prior to September Is'. (c) If the local government does not support the plan, the matter shall be resolved pursuant to Section 17 of this Agreement. 4.2 Educational Plant Survey. Three months prior to preparation of the Educational Plant Survey update, the staff working group established in subsection 2.1 will assist the School Board in an advisory capacity in the preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, F.S., and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the land use plan. Upon receipt of the Educational Plant Survey, the Staff Working Group will have fifteen (15) calendar days to evaluate and make recommendations regarding the location and need for new schools, significant renovation or expansion, and closures of educational facilities, and the consistency of such plans with the local government comprehensive plan and relevant issues listed in subsections 5.2, 5.3, 6.1, 7.4 and 8.1 of this Agreement. SECTION 5. SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES 5.1 New School Sites. When the need for a new school is identified in the annual capital facilities work program, the COC will review a list of potential sites in the area of need. The list of potential sites for new schools will be submitted to the local government with jurisdiction for Brevard County School Planning Interlocal Agreement — October, 2007 Page 7 an assessment regarding consistency with the local government comprehensive plan. The coordination process shall be in accordance with Chapter 1013.33 F.S. as follows: (a) To improve coordination relative to potential educational facility sites, the school board shall provide written notice to the local government that has regulatory authority over the use at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. (b) The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to 5.1(c). (c) As early in the design phase as feasible and consistent with this Agreement entered, but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. (d) The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school board's request for a determination, whether a proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required, except as provided in this section. (e) Failure of the local governing body to make a determination in writing within 90 days after a school board's request for a determination of consistency shall be considered an approval of the school board's application. Campus master plans and development agreements must comply with the provisions of Sections 1013.30 and 1013.63 F.S. (f) If a determination is made that a proposed school site is not consistent with the comprehensive plan, the local government shall identify whether it will support necessary amendments to the comprehensive plan required to make the school site consistent. Based on the information gathered during this review for new schools, the COC will make a recommendation to the Superintendent or designee if one or more sites have been identified, in the order of preference. (g) If the local government does not support the proposed School District's choice for a school site, the matter shall be resolved pursuant to Section 17 of this Agreement. 5.2 School Site Plan Review. Once a school site has been selected and site design has begun, the School Board shall provide the local government the opportunity to review and comment on the proposed site plan as early in the design phase of the new public educational facilities as feasible. (a) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with s.1013.51(1) and consider the site plan and its adequacy as it relates to environmental Brevard County School Planning Interlocal Agreement — October, 2007 Page 8 concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in Chapter 1013 F.S. or the Florida Building Code, unless mutually agreed to as a part of this Agreement. 5.3 Major Renovations and Closures. When the need for a major renovation that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase or decrease in student capacity, or the closure of a school has been identified by the School District, the (COC) will review the proposed change to determine the impact the renovation or closure will have on the adopted level of service for schools and provide a recommendation to the school board regarding the proposed change. SECTION 6. SUPPORTING INFRASTRUCTURE 6.1 Joint Consideration of On -Site and Off -Site Improvements. In conjunction with the land use consistency determination described in subsection 5.1 of this Agreement, the School Board and affected local government will jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school or the proposed major renovation of an existing school. The School Board and the affected local government will enter into a written agreement identifying the timing, location, and the party or parties responsible for financing constructing, operating and maintaining the required improvements. SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 7.1 Appointed LPA Members. The County and Cities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend those meetings at which the agendas consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The Cities and County may at their discretion grant voting status to the appointed School Board member. 7.2 County and City Development Applications Shared with the School Board. The County and the Cities shall give the School Board Superintendent notification of land use applications and development proposals pending before them that may affect student enrollment, enrollment projections, or school facilities in accordance with Section 13 of this Agreement. Such notice will be provided concurrently with receipt of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and/or major residential or mixed-use development projects. 7.3 Criteria for Evaluating Residential Development Applications. In addition to the regulatory review process for school concurrency described in Section 13 of this Agreement, reviewing and approving Comprehensive Plan amendments, rezonings, for residential development proposals, the County and Cities will also consider the following issues, as applicable: (a) The consideration of School Board comments on residential development proposals; (b) The provision of school sites and facilities within neighborhoods; Brevard County School Planning Interlocal Agreement — October, 2007 Page 9 (c) The compatibility of land uses adjacent to existing schools and reserved school sites; (d) The co -location of parks, recreation and neighborhood facilities with school sites; (e) The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; (f) The existing traffic circulation pattern serving schools and their surrounding neighborhood; (g) The provision of off-site signalization, signage, access improvements, and sidewalks to serve schools; (h) The location / inclusion of school bus stops and turnarounds, and (i) The impact of development proposals on the public school facilities capital plan. 7.4 Formulating City and County Plans and Programs. In formulating community development plans and programs, the County and Cities will consider the following issues: (a) Scheduling of capital improvements that are coordinated with and meet the capital needs identified in the School District's Five—Year Capital Facilities Work Program; (b) Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments; (c) Targeting community development improvements in older and distressed neighborhoods near schools; and (d) Working to address and resolve multi -jurisdictional public school issues SECTION 8. CO -LOCATION AND SHARED USE 8.1 Co -location and Shared Use. The co -location and shared use of facilities are important to both the School Board and local governments. The School Board will look for opportunities to co -locate and share use of school facilities and civic facilities when preparing the District's Five—Year Capital Facilities Work Program. Likewise, co -location and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. Opportunities for co -location and shared use with public schools will be considered for the following: (a) Libraries; (b) Parks and recreation facilities; (c) Community centers; (d) Auditoriums; Brevard County School Planning Interlocal Agreement— October, 2007 Page 10 (e) Learning centers; (f) Museums; (g) Performing arts centers, and (h) Stadiums. In addition to the above, co -location and shared use of school and governmental facilities for health care and social services will be considered. 8.2 Mutual Use Agreement. For each instance of co -location and shared use, the School Board and local government shall enter into a separate agreement which addresses liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co -location and shared use. SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES 9.1 Specific Responsibilities of the County and Cities. When the Comprehensive Plan amendments adopted in accordance with this Agreement become effective, the County and Cities shall undertake the following activities: (a) Adopt the required school concurrency provisions into their Land Development Regulations (LDR) consistent with the time frame established by law, the requirements of this Agreement, and the County and Cities' comprehensive plans, unless electing to be bound by the provisions established by the County. (b) Withhold the approval of any rezoning, site plan, preliminary plat, or functional equivalent for new residential units not exempted under Section 13.1(c) of this Agreement, until the School District has reported that there is school capacity available to serve the development being approved consistent with the requirements of this Agreement. (c) Share information with the School District regarding population projections, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities, and amendments to future land use plan elements consistent with the requirements of this Agreement. (d) Maintain data for approved new residential development. The data shall be provided to the School District annually by October 151h, and include at a minimum, the following: 1. Development name and location 2. Total number of dwelling units by unit type (single-family, multi -family, etc.) 3. Impact fee calculation 4. Total number of dwelling units with certificates of occupancy (CO) by development Brevard County School Planning Interlocal Agreement—October, 2007 Page 11 (e) Transmit site plans, preliminary plats and final plats for approved new residential development upon request by the School District, for their review and comment. 9.2 Specific Responsibilities of the School Board. By entering into this Agreement, the School Board agrees to undertake the following activities: (a) Annually prepare and update a financially feasible Five -Year Capital Facilities Work Program containing enough capacity each year to meet the anticipated demand for student stations identified by the population projections so that no schools exceed the adopted level of service. (b) Institute program and/or school attendance boundary adjustments as necessary to maximize the utilization of capacity in order to ensure that all schools of each type (elementary, middle, high) in each Concurrency Service Area and each individual school operate at the adopted level of service, consistent with the requirements of this Agreement. (c) Construct the capacity enhancing and modernization projects necessary to maintain the adopted level of service specified in the School District Five -Year Capital Facilities Work Program. (d) Consider utilizing charter schools built in conformance with School District standards to expand the capacity of the public school system and mitigate the educational impact created by the development of new residential dwelling units. (e) Provide the County and Cities with the required data and analysis updated annually to support the comprehensive plan elements and any amendments relating to school concurrency. (f) Adopt a ten- and twenty-year work program consistent with the requirements of this Agreement. (g) Review proposed new residential developments for compliance with concurrency standards, consistent with the requirements of this Agreement. (h) Review proportionate share mitigation options for new residential development consistent with the requirements of this Agreement. (i) Prepare annual reports on enrollment and capacity, consistent with the requirements of this Agreement. Q) Provide necessary staff and material support for meetings of the COC as required by this Agreement. (k) Provide information to the County and Cities regarding enrollment projections, school siting, infrastructure necessary to support public school facilities, and amendments to future land use plan elements consistent with the requirements of this Agreement. SECTION 10. SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN Brevard County School Planning Interlocal Agreement—October, 2007 Page 12 10.1 School District's Five -Year Capital Facilities Work Program. In preparation of the School District's Five—Year Capital Facilities Work Program and each annual update, the School Board shall undertake the following: (a) Update and adopt the School District's Five—Year Capital Facilities Work Program for public schools in Brevard County on or before September 301" of each year, adding a new financially feasible fifth year that will achieve and maintain the adopted LOS for the five-year period. (b) Specify all new construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities. (c) Prepare the School District's Five—Year Capital Facilities Work Program and each annual update to provide a financially feasible program of school construction for a five (5) year period. (d) Include school construction projects which, when completed, will add sufficient capacity to achieve and maintain the adopted LOS standard for all schools based on the projected enrollment; provide for required modernizations; and satisfy the School District's constitutional obligation to provide a uniform system of free public schools on a county -wide basis. (e) Include a description of each school project, a listing of funds to be spent in each fiscal year for the planning, preparation, land acquisition, and actual construction and renovation of each school project which adds capacity or modernizes existing facilities; the amount of capacity added, if any; and a generalized location map for proposed schools included in the School District's Five -Year Capital Facilities Work Program. (f) Maximize utilization of existing schools so that proposed projects add the necessary capacity to maintain the adopted Level of Service standard. (g) The School District's Five -Year Capital Facilities Program and each annual update shall identify the projected enrollment, capacity and utilization percentage of all schools. The School District shall annually update the Concurrency Service Area Boundary Tables, as necessary, and "the School District of Brevard County Five -Year Capital Improvements Summary Table" when updating the School District's Five -Year Capital Facilities Work Program. 10.2 Tentative Educational Facilities Plan. In addition to the adopted School District's Five -Year Capital Facilities Work Program, the School District shall annually adopt a tentative five-year, ten-year and a twenty-year work plan based upon revenue projections, enrollment projections and facility needs for the ten-year and twenty-year period. It is recognized that the projections in the ten- and twenty-year time frames are tentative and should be used only for general planning purposes. Upon completion, the Tentative Educational Facilities Plan will be transmitted to the local governments. 10.3 Transmittal. The School District shall transmit to the County, the local governments and the COC copies of the proposed Tentative Educational Facilities Plan, which includes the Five -Year Capital Facilities Work Program, for review and comment. The Five -Year Capital Facilities Work Program contains the Five -Year Capital Improvements Summary Table, demonstrating the financial feasibility of the Program. Transmittal to the COC, the Cities and Brevard County School Planning Interlocal Agreement—October, 2007 Page 13 the County shall occur on or before August 1 sc of each year commencing after the effective date of this Agreement. 10.4 Adoption. Unless the adoption is delayed by mediation or a lawful challenge, the School Board shall adopt the School District's Five -Year Capital Facilities Work Program no later than September 30'h, and it shall become effective no later than October 1 sc of each year. 10.5 Amendments to the School District's Five -Year Capital Facilities Work Program. The School Board shall not amend the School District's Five -Year Capital Facilities Work Program so as to modify, delay or delete any project in the first three (3) years of the Program unless the School District, with the concurrence of a majority vote by its Board members, provides written confirmation that: (a) The modification, delay or deletion of a project is required in order to meet the School District's constitutional obligation to provide a county -wide uniform system of free public schools or other legal obligations imposed by state or federal law; or (b) The modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; or (c) The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; and (d) The COC, as the required oversight committee for school concurrency as detailed in Section 14 of this Agreement, has had the opportunity to review the proposed amendment and has submitted its recommendation to the Superintendent or designee. (e) The School Board may amend at anytime the Five -Year Capital Facilities Work Program to add necessary capacity projects to satisfy the provisions of this Agreement. For additions to the Five -Year Capital Facilities Work Program, the School Board must demonstrate its ability to maintain the financial feasibility of the Program. SECTION 11. COMPREHENSIVE PLAN ELEMENTS 11.1 Required Comprehensive Plan Amendments. The County and the Cities agree to adopt the following Comprehensive Plan amendments no later than March 1, 2008. All three elements (PSFE, CIE, and ICE) will be adopted in the same amendment package. The timing for the adoption of PSFE shall be set for the same time as the adoption of the ICE and the CIE update. (a) An amended Capital Improvement Element (CIE) shall include the School Board of Brevard County Capital Improvements Summary Table. The School Board's Capital Improvements Summary Table in the CIE shall be adopted and annually updated consistent with the updated and adopted School District's Five -Year Capital Facilities Work Program. The School District's data and analysis shall demonstrate that the Brevard County School Planning Interlocal Agreement — October, 2007 Page 14 School District's Capital Facilities Work Program is financially feasible for the five year period. The amended table shall be included in the next comprehensive plan amendment, but no later than December 1st, following the annual adoption of the Five - Year Capital Facilities Work Program by the School Board. (b) That the CIE uniformly sets forth a financially feasible public school capital facilities program, consistent with the adopted Level of Service standards for public schools. (c) A Public School Facilities Element (PSFE) consistent with the requirements of Section 163.3177 (12) and 163.3180 Florida Statutes and this Agreement. (d) An amended Intergovernmental Coordination Element as required by Section 163.3177(6)(h)1 and 2., Florida Statutes and this Agreement. (e) Each jurisdiction's amendments shall be consistent with this Agreement, and those adopted by the other jurisdictions as required by Section 163.3180, Florida Statutes. 11.2 Development, Adoption and Amendment of the Capital Improvements Element (CIE). The School District shall transmit the adopted Five -Year Capital Facilities Work Program based on data and analysis supporting financial feasibility and the ability to achieve and maintain the adopted LOS. The annual update or any amendment to the School District's Five - Year Capital Facilities Work Program, once adopted by the School Board, shall be transmitted to the County and the Cities. The update will include a new financially feasible fifth year to the CIE that will achieve and maintain the adopted LOS for the five year period. The County and the Cities shall adopt "The School District of Brevard County Five -Year Capital Improvement Summary Table" from the School District's Five -Year Capital Facilities Work Program into the Capital Improvement Element of their Comprehensive Plans. (a) Corrections or modifications to the School District's Five -Year Capital Improvement Summary Table which are consistent with the School District's Five -Year Capital Facilities Work Program concerning costs, revenue sources, or acceptance of facilities pursuant to dedications, may be accomplished by ordinance, and shall not be deemed an amendment to the comprehensive plan. A copy of the ordinance shall be transmitted to the State of Florida Department of Community Affairs. (b) The County and the Cities, by adopting "The School District of Brevard County Five -Year Capital Improvement Summary Table" in the Capital Improvements Element of the Local Government's Comprehensive Plan, shall have neither the obligation nor the responsibility for funding the School District Five -Year Capital Facilities Work Program. 11.3 Development, Adoption and Amendment of the Public School Facilities Element (PSFE). The County and the Cities shall adopt a Public School Facilities Element which is consistent with those adopted by the other local governments within the County. The PSFE must also be consistent with this Agreement, Chapter 163.3177(12), F.S., and Rule 9J-5.025, F.A.C. The County and the Cities shall notify the COC when this element is adopted and when the element becomes effective. (a) In the event that it becomes necessary to amend the PSFE, the local government wishing to initiate an amendment shall request review through the COC prior to transmitting the amendment to the Department of Community Affairs pursuant to Section 163.3184, F.S. The COC shall be responsible for distributing the amendment to all Brevard County School Planning Interlocal Agreement—October, 2007 Page 15 Parties to this Agreement for review and comment. To achieve required consistency, all local governments shall adopt the amendment in accordance with the statutory procedures for amending comprehensive plans. 2. If any local government objects to the amendment and the dispute cannot be resolved between or among the Parties, the dispute shall be resolved in accordance with the provisions set forth in this Agreement. In such a case, the Parties agree not to adopt the amendment until the dispute has been resolved. (b) Any local issues not specifically required by Statute or Rule in the PSFE may be included or modified in the Local Government PSFE by following the normal Comprehensive Plan amendment process and COC review. 11.4 Intergovernmental Coordination Element (ICE). The process for the development, adoption, and amendment of the Intergovernmental Coordination Element, for school concurrency purposes, shall be that process set forth below and pursuant to Section 163.3184, F.S. (a) In the event that it becomes necessary to amend the ICE, the local government wishing to initiate an amendment shall request review through the COC prior to transmitting the amendment to the Department of Community Affairs pursuant to Section 163.3184, F.S. The COC shall be responsible for distributing the amendment to all Parties to this Agreement for review and comment. To achieve required consistency, all local governments shall adopt the amendment in accordance with the statutory procedures for amending comprehensive plans. 2. If any local government objects to the amendment and the dispute cannot be resolved between or among the Parties, the dispute shall be resolved in accordance with the provisions set forth in this Agreement. In such a case, the Parties agree not to adopt the amendment until the dispute has been resolved. SECTION 12. SCHOOL CONCURRENCY PROGRAM 12.1 Commencement of School Concurrency. The School Concurrency Program described in this Agreement shall commence on July 1, 2008. 12.2 Concurrency Service Area (CSA) Boundaries. The Parties hereby agree that School Concurrency shall be measured and applied using a geographic area known as a Concurrency Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by the School Board. The mapping of the CSAs shall be included in the data and analysis of the Public School Facilities Element and are provided in Appendix "A" of this Agreement. (a) The County and Cities shall adopt the standards for modification of the Concurrency Service Area boundary maps as defined here into the PSFE of the Comprehensive Plan. 1. The School District and local governments shall apply school concurrency on a Brevard County School Planning Interlocal Agreement—October, 2007 Page 16 less than district -wide basis, using the school attendance zones, in which the school is located, as the CSA. Use of this method will create a separate concurrency service area boundary map for each elementary, middle and high school. Each school attendance zone will become its own CSA. 2. Charter schools and magnet schools will not have their own CSA. Charter and magnet schools are open to all students residing within the district; and students are generally accepted through application approval. These special public schools vary in size, and may target a specific type of student and can limit the age groups or grade levels. (b) As future school boundary changes are required for schools programmed in the Brevard School District Five -Year Capital Facilities Work Program, the CSAs shall be modified to the greatest extent possible to provide maximum utilization. The School District will perform as lead agency for coordination and review of proposed changes to the CSAs. (c) Any Party may propose a change to the CSA boundaries. Prior to adopting any change, the School District must verify that as a result of the change: 1. The adopted level of service standards will be achieved and maintained for each year of the five-year planning period; and 2. The utilization of school capacity will be maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. (d) The Parties shall observe the following process for the timing of the review and approval for modifying CSA boundary maps At such time as the School District determines that the change is appropriate considering the above standards, the School District shall transmit the proposed CSA boundaries and data and analysis to support the changes to the Cities, to the County and to the COC. 2. The County, Cities and COC shall review the proposed amendment and send their comments to the School District within forty five (45) days of receipt. 3. The change to a Concurrency Service Area boundary shall become effective upon final adoption of the new school boundaries by the School Board. 12.3 Level of Service (LOS). To ensure the capacity of schools is sufficient to support student growth, the County, Cities and School District shall adopt a LOS for schools. The Parties hereby agree that the desired LOS standard shall be 100% of Permanent FISH capacity. (a) To ensure that the capacity of schools is sufficient to support student growth at the adopted LOS for the five-year planning period and through the long term planning period for each CSA, the Parties hereby establish a Tiered LOS, as provided in Appendix "B" of this Agreement to achieve the adopted LOS. Upon achieving the LOS standard of 100% of FISH capacity by school year 2012-2013, the Tiered LOS will be terminated. (b) The School District may use a Tiered LOS standard to provide an opportunity to Brevard County School Planning Interlocal Agreement—October, 2007 Page 17 eliminate any deficits in capacity while maintaining a financially feasible Five -Year Capital Facilities Work Program. During the time that the Tiered LOS is in effect, the School District shall initiate necessary program changes, boundary adjustments, and/or additional capacity to prevent the tiered LOS standard from being exceeded. The Tiered LOS Table, provided as Appendix "B" of this Agreement, shall be incorporated in the Public School Facilities Element. The Tiered LOS will be reduced over a specific time period until a LOS of 100% is attained. The Tiered LOS and the timeframe necessary to achieve a LOS of 100% shall be based on the financially feasible School District Five -Year Capital Facilities Work Program as adopted by the School Board. 2. The Tiered LOS shall be supported with data and analysis demonstrating how LOS will be maintained and achieved. 12.4 School Concurrency Regulations. By July 1, 2008, each Local Government shall adopt school concurrency provisions into its land development regulations (LDR) consistent with the requirements of this Agreement. (a) The County and the Cities shall amend their LDRs to adopt school concurrency provisions for the review of development orders. 1. In the event that any participating City does not adopt LDRs by July 1, 2008, that government shall be deemed to have "opted in" to the County regulations and agrees to be bound by the terms and provisions therein until it adopts its own ordinance. 2. At any time, any Local Government may opt out of the County's implementing ordinance through implementing its own ordinance. SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS 13.1 General Provisions. The County, the Cities and the School Board shall ensure that the Level of Service Standard established for each school type is maintained. (a) No rezoning, site plan, preliminary plat, or functional equivalent for new residential development may be approved by the County or Cities, unless the residential development is exempt from these requirements as provided in Section 13.1 (c) of this Agreement, or until a School Capacity Availability Determination Letter (SCADL) has been issued by the School Board to the local government indicating that adequate school facilities exist. (b) A local government may condition the approval of the residential development to ensure that the necessary school capacity is in place to meet the adopted LOS at the time of residential impacts, in order to validate or render effective the approval. This shall not limit the authority of a local government to deny a development permit or its functional equivalent, pursuant to its home rule regulatory powers. (c) The following residential uses shall be considered exempt from the requirements of Brevard County School Planning Interlocal Agreement—October, 2007 Page 18 school concurrency: 1. All single family lots of record at the time the School Concurrency implementing ordinance becomes effective. 2. Any new residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. 3. Any amendment to any previously approved residential development, which does not increase the number of dwelling units or change the type of dwelling units (single-family to multi -family, etc.). 4. Any age restricted community with no permanent residents under the age of eighteen (18). Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. 5. The replacement of an existing residential dwelling unit, including those partially or entirely damaged, destroyed or demolished, with a new unit of the same type and use provided that the existing unit has been occupied at some time during the five-year period immediately preceding the construction of the new unit. (d) Upon request by a developer submitting a land development application with a residential component, the local government or the School District may issue a determination as to whether or not a development, lot or unit is exempt from the requirements of school concurrency. 13.2 School Concurrency Application Review (a) Any developer submitting a development permit application (such as a rezoning, site plan or preliminary plat) with a residential component that is not exempt under Section 13.1(c) of this Agreement is subject to school concurrency and must prepare and submit a School Impact Analysis (SIA) to the local government, for review by the School District in order to determine the availability of school capacity within the adopted LOS standard. (b) The SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi -family, apartments, etc.), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The local government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiency, the local government shall transmit the SIA to the School District representative for review. A flow chart outlining the school concurrency review process is included as Appendix "D". The process is as follows: 1. An application for residential development is submitted to the local government initiating a sufficiency review. Once deemed sufficient, the local government transmits the SIA to the School District for review. The School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of review. 2. The School District representative shall review the applicant's SIA for a Brevard County School Planning Interlocal Agreement — October, 2007 Page 19 residential development which has been submitted and deemed sufficient for processing by the applicable local government. 3. The School District representative shall review each SIA in the order in which it is received and verify whether sufficient student stations for each type of school are available or not available in the proposed development's CSA to support the development. To determine a proposed development's projected students, the proposed development's projected number and type of residential units shall be converted into projected students for all schools of each type within the specific CSA using the School District Student Generation Multiplier (SGM), as established in Appendix "C," which shall be reviewed annually and amended as necessary to reflect the current district wide student generation rates. b. New school capacity within a CSA which is in place or under actual construction in the first three years of the School District's Capital Facilities Work Program will be added to the capacity shown in the CSA, and is counted as available capacity for the residential development under review. (c) If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, an adjacent CSA will be reviewed for available capacity. In conducting the adjacency review, the School District shall first use the adjacent CSA with the most available capacity to evaluate projected enrollment and, if necessary, shall continue to the CSA with the next most available capacity until all adjacent CSAs have been evaluated or the available capacity has been identified to allow a SCADL approving school concurrency to be issued. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard and there is available capacity in an adjacent CSA, actual development impacts shall be shifted to the contiguous CSA having available capacity. This shift shall be accomplished through boundary changes or by assigning future students from the development to an adjacent CSA. (d) In the event that there is not adequate capacity available in the CSA in which the proposed development is located or in an adjacent CSA to support the development, the School District representative will issue a SCADL within twenty (20) working days detailing why the development is not in compliance, and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government and the developer pursuant to Section 13.5 of this Agreement. (e) When capacity has been determined to be available, the School District representative shall issue a SCADL verifying available capacity to the applicant and the affected local government within ten (10) working days of receipt of the application. Brevard County School Planning Interlocal Agreement—October, 2007 Page 20 (f) The local government shall be responsible for notifying the School District representative when a residential development has received a Concurrency Evaluation Finding of Nondeficiency or functional equivalent, when the development order for the residential development expires or is revoked, and when its school impact fees have been paid. 13.3 School Concurrency Approval. Issuance of a SCADL by the School District identifying that adequate capacity exists indicates only that school facilities are currently available, and capacity will not be reserved until the local government issues a Concurrency Evaluation Finding of Nondeficiency, or the functional equivalent. (a) A local government shall not issue a Concurrency Evaluation Finding of Nondeficiency or functional equivalent for a residential development until receiving confirmation of available school capacity in the form of a SCADL from the School District. Once the local government has issued a Concurrency Evaluation Finding of Nondeficiency or functional equivalent, school concurrency for the residential development shall be valid for the life of the Concurrency Evaluation Finding of Nondeficiency or functional equivalent. Expiration, extension or modification of a Concurrency Evaluation Finding of Nondeficiency or functional equivalent for a residential development shall require a new review for adequate school capacity to be performed by the School Board. (b) Local governments shall notify the School District within ten (10) working days of any official change in the validity (status) of a Concurrency Evaluation Finding of Nondeficiency or functional equivalent for a residential development. (c) The Local Government shall not issue a building permit or its functional equivalent for a non-exempt residential development until receiving confirmation of available school capacity from the School District in the form of a SCADL. Once the local government has issued a Concurrency Evaluation Finding of Nondeficiency or functional equivalent, school concurrency for the residential development shall be valid for the life of the Concurrency Evaluation Finding of Nondeficiency or functional equivalent. 13.4 Development Review Table. The School District shall create and maintain a Development Review Table (DRT) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the CSAs available capacity programmed within the first three years of the current five-year capital planning period. (a) Student enrollment projections shall be based on the most recently adopted School District Capital Facilities Work Program, and the DRT shall be updated to reflect these projections. Available capacity shall be derived using the following formula: Available Capacity = School Capacity' — (Enrollment' + Vested') Where ' School Capacity = FISH Capacity (As programmed in the first three (3) years of the School District's Capital Facilities Work Program ' Enrollment = Student enrollment as counted at the Fall FTE. 3 Vested = Students generated from residential developments approved and receiving a SCADL after the implementation of school concurrency (b) Using the Fall FTE, the vested number of students on the DRT will be reduced by the number of students represented by the residential units that received certificates of Brevard County School Planning Interlocal Agreement — October, 2007 Page 21 occupancy within the previous twelve (12) month period. 13.5 Proportionate Share Mitigation. In the event there is not sufficient school capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(b)3.a, the School District shall entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the local government to mitigate the impact from the development through the creation of additional school capacity. (a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer's proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District's Five -Year Capital Facilities Work Program. (b) The methodology used to calculate a developer's proportionate share mitigation shall be as follows: Proportionate Share = ('Development students - Available Capacity) x Total Costa per student station Where 'Development students = Students generated by residential development that are assigned to that school aTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District's Five -Year Capital Facilities Work Program. (c) The applicant shall be allowed to enter a negotiation period with the School District in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School District's Five -Year Capital Facilities Work Program. Capacity projects identified within the first three (3) years of the Five -Year Capital Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If capacity projects are planned in years four (4) or five (5) of the School District's Five -Year Capital Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to Brevard County School Planning Interlocal Agreement — October, 2007 Page 22 mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the School District's Five -Year Capital Facilities Work Program. 3. If a capacity project does not exist in the Capital Facilities Work Program, the School Board may add a capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer's proportionate share mitigation contributions in the next update of the Program. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations or core capacity; or f. Construction of a public school facility in advance of the time set forth in the School District's Five -Year Capital Facilities Work Program. g. Construction of a charter school designed in accordance with School District standards, providing sufficient permanent capacity to the District's inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive school impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer's educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developer's proportionate share and the impact fee credit shall be the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a school capacity improvement identified in the School District's Five -Year Capital Facilities Work Program. Brevard County School Planning Interlocal Agreement—October, 2007 Page 23 (h) Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School District shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local government, the School District and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. In accordance with 163.3180(13)(e) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate capacity is available, or that there is no available capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School District for purposes of Chapter 120, F.S. 13.6 Appeal Process. A person may appeal a determination made as a part of the School Concurrency Process. (a) A person substantially affected by a School District's adequate capacity determination made as a part of the School Concurrency Process may appeal such determination through the process provided in Chapter 120, F.S. (b) A person substantially affected by a local government decision made as a part of the School Concurrency Process may appeal such decision using the process identified in the local government's regulations for appeal of development orders. This shall not apply to any decision subject to section (a) above. SECTION 14. OVERSIGHT 14.1 Oversight. The COC will serve as the required oversight committee for school concurrency to monitor and evaluate the school concurrency program. The committee shall appoint a chairperson, meet semi-annually in mid-September and mid-March in accordance with the laws of Florida governing public meetings, and report to participating local governments, the School Board and the general public on the effectiveness with which this Agreement is being implemented. A designee of the School Board shall be responsible for coordinating the semi- annual meeting. (a) The monitoring and evaluation of the school concurrency process is required pursuant to Section 163.3180(13)(g)(6)(c), F.S., and Section 2 of this Agreement. The COC shall be responsible for preparing an annual assessment report on the effectiveness of the School Concurrency System. The report will be made available to the public and presented at the COC March meeting. (b) The COC members shall be invited to attend all meetings referenced in Section 2 and shall receive copies of all reports and documents produced pursuant to this Agreement. The COC shall evaluate the effectiveness of the CSAs for measuring the LOS and consider making recommendations to amend the CSA Map. Brevard County School Planning Interlocal Agreement—October, 2007 Page 24 (c) By August 1st of each year, the COC shall receive the proposed School District's Tentative District Educational Facilities Plan that includes the Five -Year Capital Facilities Work Program. The COC will report to the School District, the County, and the Cities on whether or not the proposed Five -Year Capital Facilities Work Program maintains the adopted Level of Service in each CSA by adding enough projects to increase the capacity. The COC will examine the need to eliminate any permanent student station shortfalls by including required modernization of existing facilities, and by providing permanent student stations for the projected growth in enrollment over each of the five (5) years covered by the program. SECTION 15. SPECIAL PROVISIONS 15.1 School District Requirements. The Parties acknowledge and agree that the School District is or may be subject to the requirements of the Florida and United States Constitutions and other state or federal statutes regarding the operation of the public school system. Accordingly, the County, the Cities and the School Board agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or obstruct in any manner, the School District's constitutional and statutory obligation to provide a uniform system of free public schools on a Countywide basis or to require the School District to confer with, or obtain the consent of, the County or the Cities, as to whether that obligation has been satisfied. Further, the County, the Cities and the School Board agree that this Agreement is not intended and will not be construed to impose any duty or obligation on the County or City for the School District's constitutional or statutory obligation. The County and the Cities also acknowledge that the School District's obligations under this Agreement may be superseded by state or federal court orders or other state or federal legal mandates. 15.2 Land Use Authority. The Parties specifically acknowledge that each Local Government is responsible for approving or denying comprehensive plan amendments and development orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to any other party. SECTION 16. AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT 16.1 Amendment of the Agreement. This Agreement may be amended by written consent of all parties to this Agreement after a COC review. The Agreement will remain in effect until amended in accordance with Florida Statutes. 16.2 Notice Requirements. County, City or Town Clerk, School Board Superintendent, or as designated by the individual. 16.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning coordination and school concurrency is repealed, the Agreement is terminated. Parties desiring to continue the Agreement may do so by written consent. 16.4 Termination of the Agreement. No party to this Agreement may terminate its participation in the agreement except through the exemption process in which a municipality may not be required to participate in school concurrency when demonstrating that all the requirements are no longer having a significant impact on school attendance, per Section 163.3177(12)(b), F.S., at the time of a local government Brevard County School Planning Interlocal Agreement—October, 2007 Page 25 Evaluation and Appraisal Report, by providing a sixty (60) day written notice to at other parties and to the Florida Department of Community Affairs. 16.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the terms of the Agreement with respect to the remaining signatories. SECTION 17. RESOLUTION OF DISPUTES 17.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any issue in which they may be in disagreement covered in this Agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164, F.S. SECTION 18. EXECUTION IN COUNTERPARTS 18.1 Agreement Execution. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be original, but all such counterparts shall, together, constitute but one in the same instrument. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Brevard County Board of County Commissioners, the Cities and Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, West Melbourne and the School Board of Brevard County on this day of , 200_ BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA (Seal) Chairperson, Brevard County Clerk Board of County Commissioners Brevard County School Planning Interlocal Agreement — October, 2007 Page 26 DULY PASSED AND ADOPTED BY THE SCHOOL BOARD OF BREVARD COUNTY, THIS Day of 1200 _ BREVARD COUNTY SCHOOL BOARD, FLORIDA Attest Chairman, Brevard County School Board Clerk Brevard County School Planning Interlocal Agreement—October, 2007 Page 27 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, THIS Day of 200 CITY OF CAPE CANAVERAL, FLORIDA By: Clerk Attest (Seal) Duly Passed and Adopted by the City Council of Cape Canaveral, Florida, this Day of ,200—. Brevard County School Planning Interlocal Agreement—October, 2007 Page 28 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF COCOA, FLORIDA, THIS Day of 200_ CITY OF COCOA, FLORIDA Attest By: Clerk Duly Passed and Adopted by the City Council of Cocoa, Florida, this Day of 200 Brevard County School Planning Interlocal Agreement — October, 2007 Page 29 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF COCOA BEACH, FLORIDA, THIS Day of 200_ CITY OF COCOA BEACH, FLORIDA Attest By: Clerk Duly Passed and Adopted by the City Council of Cocoa Beach, Florida, this Day of ,200—. Brevard County School Planning Interlocal Agreement — October, 2007 Page 30 (Seal) DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF INDIALANTIC, FLORIDA, THIS Day of 200_. TOWN OF INDIALANTIC, FLORIDA By: Clerk Attest (Seal) Duly Passed and Adopted by the Town Council of Indialantic, Florida, this Day of 200 . Brevard County School Planning Interlocal Agreement—October, 2007 Page 31 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF INDIAN HARBOUR BEACH, FLORIDA, THIS Day of 200_. CITY OF INDIAN HARBOUR BEACH, FLORIDA Attest By: Clerk (Seal) Duly Passed and Adopted by the City Council of Indian Harbour Beach, Florida, this Day of ,200_. Brevard County School Planning Interlocal Agreement — October, 2007 Page 32 DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF MALABAR, FLORIDA, THIS Day of 200_. TOWN OF MALABAR, FLORIDA Attest By: Clerk Duly Passed and Adopted by the Town Council of Malabar, Florida, this Day of 200 Brevard County School Planning Interlocal Agreement—October, 2007 Page 33 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF MELBOURNE, FLORIDA, THIS Day of 200_ CITY OF MELBOURNE, FLORIDA Attest By: Clerk Duly Passed and Adopted by the City Council of Melbourne, Florida, this Day of 200 . Brevard County School Planning Interlocal Agreement — October, 2007 Page 34 (Seal) DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF MELBOURNE BEACH, FLORIDA, THIS Day of 200_. TOWN OF MELBOURNE BEACH, FLORIDA By: Clerk Attest (Seal) Duly Passed and Adopted by the Town Council of Melbourne Beach, Florida, this Day of , 200_. Brevard County School Planning Interlocal Agreement—October, 2007 Page 35 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF PALM BAY, FLORIDA, THIS Day of 200_. CITY OF PALM BAY, FLORIDA Attest (Seal) By: Clerk Duly Passed and Adopted by the City Council of Palm Bay, Florida, this Day of 200 . Brevard County School Planning Interlocal Agreement — October, 2007 Page 36 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF PALM SHORES, FLORIDA, THIS Day of 200_ CITY OF PALM SHORES, FLORIDA Atte By: Clerk Duly Passed and Adopted by the City Council of Palm Shores, Florida, this Day of ,200—. Brevard County School Planning Interlocal Agreement— October, 2007 Page 37 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF ROCKLEDGE, FLORIDA, THIS Day of 200_ CITY OF ROCKLEDGE, FLORIDA Attest (Seal) By: Clerk Duly Passed and Adopted by the City Council of Rockledge, Florida, this Day of 200 . Brevard County School Planning Interlocal Agreement—October, 2007 Page 38 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF SATELLITE BEACH, FLORIDA, THIS Day of 200_ CITY OF SATELLITE BEACH, FLORIDA Attest By: Clerk Duly Passed and Adopted by the City Council of Satellite Beach, Florida, this Day of , 200_. Brevard County School Planning Interlocal Agreement — October, 2007 Page 39 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF TITUSVILLE, FLORIDA, THIS Day of 200_. CITY OF TITUSVILLE, FLORIDA Attest By: Clerk Duly Passed and Adopted by the City Council of Titusville, Florida, this Day of 200 . Brevard County School Planning Interlocal Agreement — October, 2007 Page 40 (Seal) DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF WEST MELBOURNE, FLORIDA, THIS Day of 200_ CITY OF WEST MELBOURNE, FLORIDA Attest (Seal) By: Clerk Duly Passed and Adopted by the City Council of West Melbourne, Florida, this Day of ,200—. Brevard County School Planning Interlocal Agreement—October, 2007 Page 41 APPENDIX "A" Concurrency Service Area Maps (CSA) Hwa Elementary School Concurrency Areas (CSA) and Student Locations - October 2005 Legend Elenieutaiy School Student Locations Elenientary School C'SA Elententary Schools E ;Major Roads Water Miles 0 2 4 8 A Brevard County School Planning Interlocal Agreement—October, 2007 Page 42 APPENDIX "A" Cont. Concurrency Service Area Maps (CSA) Legend I Middle School Student Locations Middle CZA -sol Serc i A ,; Middle Schools M Major Roads Nater Miles 0 2 4 8 �t Brevard County School Planning Interlocal Agreement—October, 2007 Page 43 APPENDIX "A" Cont. Concurrency Service Area Maps (CSA) High School Concurrency Areas (CSA) and Student Locations - October 2005 Legend High School Student Lo i i High School Service Art High Schools H Major Roads Water _ Miles 0 2 4 8 Brevard County School Planning Interlocal Agreement—October, 2007 Page 44 APPENDIX "B" Tiered Level of Service Table Facility Type 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Elementary 130% 162% 100% 100% 100% 100% Junior 121% 122% 100% 100% 100% 100% High 127% 122% 100% 100% 100% 100% Brevard County School Planning Interlocal Agreement—October, 2007 Page 45 APPENDIX "C" School District Student Generation Multiplier Determining the number of students generated from new residential development is necessary to identify the new development's impact on public schools. In order to calculate the number of students associated with new residential development, a student generation multiplier was created. Because the number of students living in a housing unit varies depending on the type of residential housing, the student generation rate per residential unit is based on four housing types as identified in Table 1. These housing types are: single family; multi -family; condominium/Co-Op; and mobile home. In accordance with this Agreement, the SGM shall be reviewed annually using this methodology and amended as necessary to reflect the current district wide student generation rates. Table 1: Brevard County School Concurrency Student Generation Multipliers (SGM) Condos and Co -Ops were not aggregated with the multi -family housing type for two reasons. The real estate market for Condos/Co-Ops differs from that of multi -family housing units, such as apartments and duplexes. The difference in housing types and their associated markets generate unique student multipliers. Typically, Condos / Co-ops do not generate as many students as multi -family housing units. Secondly, the specificity of the parcel data allowed for the calculation of unique generation rates for Condo/Co-ops and multi -family housing units. Two datasets were used to calculate the student generation rates. These datasets were the geographic information systems (GIS) property parcel file from the Brevard County Property Appraiser's office and October 2005 student enrollment data. The 2005 student enrollment data were obtained from the School District and contained student addresses and grade level data. The student address data were geocoded to property parcel data and street centerline data to create a GIS point file with the spatial location of each student based on their address. 71,805 of the 75,646 student records (95%) were matched to a property parcel. The remaining 3,841 students were then geocoded to the street centerline file. Of these 3,841 students, 547, or 0.7 percent, were unmatched due to address errors such as post office boxes or unidentifiable address data. A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type of spatial analysis in which the attributes of features in two datasets are joined together based on the relative location of each feature. In this case, the spatial join linked the point location of each student to a specific property parcel. The result of this operation is one GIS file that contains student data as well as housing type data from the property appraiser. Figures 1 through 3 identify the location of public school students at the elementary, middle or high school levels. Brevard County School Planning Interlocal Agreement — October, 2007 Page 46 Elementary 0.20 0.03 0.07 0.19 Middle 0.06 0.01 0.02 0.05 High 0.12 0.02 0.03 0.07 Total 0.38 0.06 0.12 0.31 Condos and Co -Ops were not aggregated with the multi -family housing type for two reasons. The real estate market for Condos/Co-Ops differs from that of multi -family housing units, such as apartments and duplexes. The difference in housing types and their associated markets generate unique student multipliers. Typically, Condos / Co-ops do not generate as many students as multi -family housing units. Secondly, the specificity of the parcel data allowed for the calculation of unique generation rates for Condo/Co-ops and multi -family housing units. Two datasets were used to calculate the student generation rates. These datasets were the geographic information systems (GIS) property parcel file from the Brevard County Property Appraiser's office and October 2005 student enrollment data. The 2005 student enrollment data were obtained from the School District and contained student addresses and grade level data. The student address data were geocoded to property parcel data and street centerline data to create a GIS point file with the spatial location of each student based on their address. 71,805 of the 75,646 student records (95%) were matched to a property parcel. The remaining 3,841 students were then geocoded to the street centerline file. Of these 3,841 students, 547, or 0.7 percent, were unmatched due to address errors such as post office boxes or unidentifiable address data. A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type of spatial analysis in which the attributes of features in two datasets are joined together based on the relative location of each feature. In this case, the spatial join linked the point location of each student to a specific property parcel. The result of this operation is one GIS file that contains student data as well as housing type data from the property appraiser. Figures 1 through 3 identify the location of public school students at the elementary, middle or high school levels. Brevard County School Planning Interlocal Agreement — October, 2007 Page 46 This study was conducted using over 99 percent of the total student population, not a sample set, and the volume of data used was large enough to offset occasional housing type assignment errors. The total student population used in the multiplier analysis was 72,165. The student population used in the multiplier analysis is smaller than the total student population contained in the October 2005 enrollment data for several reasons. Students with address errors or post office box addresses were not matched to an address by geocoding. Additionally, 1,387 students who attend non-traditional schools, such as the Space Coast Marine Institute and Crosswinds, were removed from the dataset. Pre -K students were also not included in the multiplier analysis. Charter school students were included in the student population for this analysis. Table 2 displays the number of students by housing type and school type in Brevard County as of October 29, 2005. In addition to the students summarized in Table 2, 1,096 students were not assigned to a residential land use due to errors in the parcel data and GIS analysis. These students were proportionately distributed to the four housing types based on the housing type distribution for the total student population. Table 2: Students by Residential Housing Type and School Type Table 3 details the 2005 housing type counts for Brevard County. These data were obtained from several sources. The single family and Condo/Co-Op numbers are from the August 2006 property parcel GIS data. The total number of units, not the total number or parcels, was used to calculate the number of multi -family and mobile home housing units. The mobile home totals are from 2002 and published by the Florida Housing Data Clearinghouse, which is maintained by the University of Florida and these numbers are published on the county's website. The total multi -family units are from 2005 and published by the University of Florida's Bureau of Economic and Business Research (BEBR). Table 3: Dwelling Units by Type Occupied 157,455 26,286 20,784 22,881 Dwellina Units To determine the student impact of a proposed residential development for school concurrency purposes, a proposed development's projected number and type of unit are converted into the number of projected students within the specific Concurrency Service Area Boundary. Based on the generation rates in Table 1, for every 100 new single-family housing units constructed in Brevard County, 20 elementary school students will be generated for the Brevard County Public School System. Brevard County School Planning Interlocal Agreement—October, 2007 Page 47 r. tc Elements K-6 30,678 829 1,490 4,388 MiddleI- ° 9,671 283 413 1,041 1114111h 9-12 19,626 446 585 1,619 All Students 59,975 1,558 2,488 7,048 Table 3 details the 2005 housing type counts for Brevard County. These data were obtained from several sources. The single family and Condo/Co-Op numbers are from the August 2006 property parcel GIS data. The total number of units, not the total number or parcels, was used to calculate the number of multi -family and mobile home housing units. The mobile home totals are from 2002 and published by the Florida Housing Data Clearinghouse, which is maintained by the University of Florida and these numbers are published on the county's website. The total multi -family units are from 2005 and published by the University of Florida's Bureau of Economic and Business Research (BEBR). Table 3: Dwelling Units by Type Occupied 157,455 26,286 20,784 22,881 Dwellina Units To determine the student impact of a proposed residential development for school concurrency purposes, a proposed development's projected number and type of unit are converted into the number of projected students within the specific Concurrency Service Area Boundary. Based on the generation rates in Table 1, for every 100 new single-family housing units constructed in Brevard County, 20 elementary school students will be generated for the Brevard County Public School System. Brevard County School Planning Interlocal Agreement—October, 2007 Page 47 APPENDIX "D" School Concurrency Process Flow Chart revised by applicant Applicant receives written "T notice specifying deficiencies Applicant withdraws C/ application School District issues Scholl Avaialriity 15 Work ( Days �� Local Government asues School Capacity Availability Determination Lo0w valid I f., N ty... f lh& Applicant, Local School District issues School Capacity Availability Determination Letter identifying deficiency in capacity ifigation option M rejected I School District issues a School Concurrency Deficiency Letter Local Government denies appticat- Approved NO CAPACITY AVAILABLE applicant Applicant submits notice of appeal with Local Govemment or School Board, as applicable Appeal reviewed and scheduled for hearing by the Board or Hearing Officer The Board or Hearing Officer Appeal to Circud Court ._ Brevard County School Planning Interlocal Agreement — October, 2007 Page 48 Meeting Type: Regular Meeting Date: 01-15-08 AGENDA Heading Consideration Item 4 No. attached proposal. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FLORIDA POWER & LIGHT ENGINEERING DEPOSIT TO BURY THE UTILITY LINES ALONG RIDGEWOOD AVENUE DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: Council Member Hoog is requesting that the City Council consider the Florida Power & Light engineering deposit in the amount of $8,098 to bury underground the utility lines along Ridgewood Avenue from Johnson Avenue to E. Central Blvd. Summary Explanation & Background: FPL's "ball park" estimate for this project is $1,100,000. This does not include many items noted in FPL's attached proposal. This engineering deposit will pay for a detailed and binding estimate that will be provided to the City which is only valid for 180 days. FPL has indicated that this project is not eligible for the 25 % governmental adjustment factor waiver. This is not a budgeted item and an appropriation from the General Fund Contingency is needed. Please advise. Exhibits Attached: FPL Proposal City Ma ' ffice Department ADMINISTRATION/CITY MANAGER cape-nt\kim\mydocuments\admin\council\meeting\2008\01-15-08\fpl.doc Florida Power and Light Company, 9001 Ellis Road, West Melbourne, FL 32904 FPL December 13, 2007 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Ave., Cape Canaveral, 32920 Re: City of Cape Canaveral - Electric Facilities Conversion Ballpark Estimate — Ridgewood Ave. Project WR # 2988415 Dear Mr. Boucher: In response to your email dated November 30, 2007, FPL welcomes the opportunity to assist you in examining the feasibility of converting from overhead electric distribution facilities to an underground system at the following location: Ridgewood Avenue from Johnson Ave. to E. Central Blvd Canaveral, FL. As per your request, the non-binding "ballpark" estimate to complete this conversion is $1,100,000.00. This estimate is provided strictly to assist you in preliminary decision making. It is not an offer from FPL to perform the requested conversion and should not be construed or used as such for detailed planning purposes. This represents an "order of magnitude" figure based on previous FPL experience and reflects the CIAC payment that the City would ultimately need to make to FPL if the conversion were performed at this point in time. However, given our understanding that the City doesn't expect to begin construction until sometime in late 2008, the City should make allowances for such factors as: phase timing and magnitude; potential price increases; planned financing levels, term, costs and issuance timing; possible adverse contractor bid risk (in a seller's market for contractor services); etc. It is our experience that conversions in developed areas are the most complex and challenging types of construction. The complex nature and impact of many variables associated with these types of projects. As such, this estimate likely will not precisely represent the City's ultimate actual cost to convert, but can assist the City in preliminary decision-making. FPL estimates include only estimated charges to be paid by the City to FPL. The costs of the following items are not included with the estimate and are the responsibility of the City. These potential costs should be included in future planning of the project: ■ Site restoration (sod, landscaping, pavement, sidewalks, etc) ■ Rearrangement of customer electric service entrances (requires electrician) from overhead to underground. Also, additional customer expense if local inspecting authorities require customer wiring to be brought to current codes. ■ Trenching/backfilling for service laterals. ■ Removal and undergrounding of other utilities (e.g. telecom, CATV, etc.) • Acquiring, describing, securing and recording of easements for underground facilities. In underground systems, major components formerly attached to poles must now occupy "at an FPL Group company Page 2 grade" appurtenances, e.g., ground level pad mounted transformers and switch cabinets. Facilities of an underground distribution system will not be placed in road right-of-way, with the exception of cables required for crossings or if the City executes a road right-of-way agreement. (See special note below) Note: Obtaining easements is typically the most difficult aspect of the conversion process; the time required to secure the easements may even exceed the 180 day binding estimate timeframe. FPL strongly suggests that all easements required for the conversion be described and secured prior to requesting the detailed cost estimate. Recently, the Public Service Commission has approved FPL's 25% Governmental Adjustment Factor (G.A.F.) waiver for local government sponsored projects. In order to be eligible for the G.A.F. waiver a project must meet a series of criteria (see Attachment). Based on the preliminary information you provided for the proposed conversion area, this request would not qualify the G.A. F. waiver. After reviewing the "ballpark" estimate, if you decide to move forward with the conversion project, you may request a detailed and "binding" estimate. Due to the complexity and time required to estimate such a conversion, a non-refundable engineering deposit is required prior to beginning the estimating process, as set forth in the Florida Administrative Code 25-6.115. For this conversion project the amount of the required engineering deposit is $8,098.00. If you decide to proceed with the work contained in the estimate, the amount of this deposit would be applied toward the estimated amount owed to FPL for the conversion. The work must commence within 180 days of the date the binding estimate is provided. The request for the binding estimate must be in writing, and must describe in detail the facilities to be converted. Binding estimates are valid for 180 days, and would be subject to change in the event of a work scope change. Should actual FPL costs exceed the binding estimate amount, the customer may be responsible for those additional costs up to a maximum of 10% of the binding estimate amount. Payment of customer costs, easements (with opinion of title and recorded), agreements from other utilities/pole licensees, and execution of a Conversion Agreement would be required before commencement of construction. If you have any questions or wish to consider a binding cost estimate, please call me at 321-726- 4946. Sincerely, Tom Kunz Account Manager — Customer Service FPL Attachments cc: Mr. Bret Beck — FPL Mr. Erik Dillenkofer — FPL Ms. Barbara Quinones — FPL Mr. John Lehr — FPL an FPL Group company Fifth Revised Sheet No. 9.725 FLORIDA POWER & LIGHT COMPANY U,,....«h n,..a. 1 0�,.._ UNDERGROUND FACILITIES CONVERSION AGREEMENT — GOVERNMENTAL ADJUSTMENT FACTOR WAIVER This Agreement, which is available to customers that sign the Agreement on or before October 30, 2008, is made and entered into this day of , 20 , by and between ("Local Government Applicant"), a Florida municipal corporation or county with an address of and FLORIDA POWER & LIGHT COMPANY ("FPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429. WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities located within the following boundaries (the "Conversion"): (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof (collectively, the "Underground Facilities"). NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and agree as follows: 1. Governmental Adjustment Factor Waiver VIGAF Waiver") Eligibility Criteria. The Local Government Applicant represents and warrants that it meets the following eligibility criteria for the Conversion: a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200 detached dwelling units within contiguous or closely proximate geographic areas (the "Conversion Area"). The Conversion may be completed in mutually agreed upon phases, with the project size minimums applying to the aggregate project — provided that any necessary subsequent phase begins within a l year period from completion of the prior phase and the minimums are met within, at most, 3 phases; and b. The Local Government Applicant must require all customers within the Conversion Area who currently have overhead service directly from the Existing Overhead Facilities to convert their service entrances to underground within 6 months of completion of the Underground Facilities installation or each phase thereof, and c. The Local Government Applicant must be willing and able to execute a right of way ("ROW") agreement with FPL if the Local Government Applicant requests that facilities be placed in the ROW; and d. For any affected laterals, the complete lateral must be converted, including all stages of any multi -stage lateral; and e. There are no state or federal funds available to the Local Government Applicant to cover any portion of the cost of the Conversion. Special Circumstances. Conversions which do not meet the project size minimums described in section La are eligible for the GAF Waiver in the following special circumstances: i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate limits are to be converted, but are less than the pole line mileage or dwelling unit minimums; or ii. A single lateral that serves at least one Critical Infrastructure Facility as determined by the appropriate local agency with the mutual agreement of FPL; or iii. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or (Continued on Sheet No. 9.726) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 4, 2007 Fifth Revised Sheet No. 9.726 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 9.725) iv. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but, for mutually -agreed engineering or logistical reasons, those phases are non-contiguous; provided that (a) the next (4d') phase must be adjacent to one or more of the first 3 phases such that the combined contiguous area meets the minimum size criteria, and (b) this 4`h phase begins within I year from completion of the 3`d phase. Contribution -in -Aid -of -Construction (CIRC). The Local Government Applicant shall pay FPL a CIAC as required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the Otherwise Applicable CIAC amount reduced by the GAF Waiver. i. Otherwise Applicable CIAC $ ii. GAF Waiver $ iii. CIRC Due $ In the event the actual cost of the Conversion exceeds the estimate, the Otherwise Applicable CIAC shall be adjusted by the lesser of (a) the difference between the actual cost of the Conversion and the estimate, or (b) 10% of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due. 3. Applicant -Installed Facilities. The Local Government Applicant may, upon entering into an applicant - installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities. 4. Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the requirements, terms, and conditions of FPL's Electric Tariff. 5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements, terms, and conditions of FPL's Electric Tariff, this Agreement and any other applicable agreements, FPL will proceed in a timely manner with the Conversion in accordance with the construction drawings and specifications set forth in Attachment A hereof. 6. Relocation. In the event that the Underground Facilities are part of, or are for the purposes of, relocation, then this Agreement shall be an addendum to the relocation agreement between FPL and the Local Government Applicant. In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall control. 7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the Underground Facilities. 8. GAF Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria, the Local Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such failure. Additionally, if at any point within 30 years of completion of the Underground Facilities installation, the Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider other than FPL, the Local Government Applicant shall repay FPL a pro -rata share of the GAF Waiver. The pro - rata share (which shall reflect partial years) shall be determined as follows: GAF Waiver * [(30 — years since the Underground Facilities completion date) / 30] (Continued on Sheet No. 9.727) issues by: S. E. Romig, Director, Rates and Tariffs Effective: April 4, 2006 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 9.726) Orieinal Sheet No. 9.727 9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start of the Conversion and the CIAC paid by the Local Government Applicant will be refunded to the Local Government Applicant; provided however, that the refund of the CIAC shall be offset by any costs incurred by FPL in performing under the Agreement up to the date of termination. 10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent of FPL. 11. Adoption and Recording. This Agreement shall be adopted by the Local Government Applicant and maintained in the official records of the Local Government Applicant for the duration of the term of this Agreement. This Agreement also shall be recorded in the Official Records of the County in which the Underground Facilities are located, in the place and in the manner in which deeds are typically recorded. 12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of this Agreement shall control. IN WITNESS WHEREOF, FPL and the Local Government Applicant have executed this Agreement on the date first set forth above. LOCAL GOVERNMENT APPLICANT FPL Name Title Signed Name Title Approved as to Terms and Conditions Signed Name Title Approved as to Form and Legal Sufficiency Signed Name Title Issued by: S. E. Romig, Director, Rates and Tariffs Effective: April 4, 2006 Si Name Title Second Revised Sheet No. 6.300 FLORIDA POWER & LIGHT COMPANY Cancels First Reviepa Chnnt N. 6 Ann INSTALLATION OF UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES FOR THE CONVERSION OF OVERHEAD ELECTRIC DISTRIBUTION FACILITIES SECTION 12.1 DEFINITIONS APPLICANT - Any person, corporation, or entity capable of complying with the requirements of this tariff that has made a "vritten request for underground electric distribution facilities in accordance with this tariff. CONVERSION - Any installation of underground electric distribution facilities where the underground facilities will be substituted for existing overhead electric distribution facilities, including relocations. CONTRIBUTION -IN -AID -OF -CONSTRUCTION (CIAC) — The CIAC to be paid by an Applicant under this tariff section shall be the result of the following formula: CIAC = The estimated cost to install the requested underground facilities; + The estimated cost to remove the existing overhead facilities; + The net book value of the existing overhead facilities; + The net present value of the estimated operational costs of underground facilities over 30 years; + The net present value of the estimated average storm restoration costs of underground facilities over 30 years; - The estimated cost that would be incurred to install new overhead facilities, in lieu of underground, to replace the existing overhead facilities (the "Hypothetical Overhead Facilities"); - The estimated salvage value of the existing overhead facilities to be removed; - The net present value of the estimated operational costs of the overhead facilities over 30 years; - The net present value of the estimated average storm restoration costs of overhead facilities over 30 years. GAF Waiver For Applicants entering into an Underground Facilities Conversion Agreement — Governmental Adjustment Factor Waiver with the Company, the otherwise applicable CIAC amount, as calculated above, shall be reduced by the GAF Waiver. If the Applicant elects to construct and install all or part of the underground facilities, then for purposes of calculating the GAF Waiver amount only, the otherwise applicable CIAC shall be adjusted to add FPL's estimated cost for the Applicant -performed work. The amount of the GAF Waiver shall be calculated as follows: GAF Waiver= 25%x the otherwise applicable CIAC; + 75% x (the net present value of the estimated average storm restoration costs of underground facilities over 30 years less the net present value of the estimated average stone restoration costs of overhead facilities over 30 years). Note: The final term avoids double -counting the estimated average stone restoration costs embedded in the otherwise applicable CIAC. DISTRIBUTION SYSTEM - Electric service facilities consisting of primary and secondary conductors, service drops, service laterals, conduits, transformers and necessary accessories and appurtenances for the furnishing of electric power at utilization voltage. SERVICE FACILITIES - The entire length of conductors between the distribution source, including any conduit and or risers at a pole or other structure or from transformers, from which only one point of service will result, and the first point of connection to the service entrance conductors at a weatherhead, in a terminal, or meter box outside the building wall; the terminal or meter box; and the meter. (Continued on Sheet No. 6.301) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: April 4, 2006 Meeting Type: Regular Meeting Date: 01-15-08 AGENDA Heading Resolution Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-01, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF CITIES LEGISLATIVE PRIORITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-01, urging members of the Florida Legislature to support the Florida League of Cities legislative priorities. Summary Explanation & Background: See attached resolution. I recommend approval. Exhibits Attached: Resolution No. 2008-01; League of Cities request letter City Mana ice 7� Department LEGISLATIVE cape-nt\kim\mydocuments\admin\council\meeting\2008\01-15-08\2008-Ol.doc RESOLUTION NO. 2008-01 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL: SECTION 1. That the City of Cape Canaveral urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: • Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; • Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding; City of Cape Canaveral, Florida Resolution No. 2008-01 Page 2 of 2 • Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; • Broadens municipal home rule and other authority to issue tax -increment financed bonds and other forms of indebtedness without approval by referendum; • Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5 -year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. SECTION 2. That a copy of this resolution shall be provided to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio and members of the Florida Legislature. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of January, 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\2008\2008_FLOC Legislative Priorities.doc MEMORANDUM FLORIDA LEAGUE OF CITIES, INC. To: Members of Florida League of Cities, Inc. From: Rebecca O'Hara, Director Legislative Affairs Date: December 20, 2007 Re: Request for Resolution The FLC Board of Directors adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 412 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. Please send copies of your adopted resolution to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your local legislative delegation and to the Florida League of Cities no later than Friday, February 22, 2008. Also enclosed are a list of addresses for the Governor, Senate President, and Speaker of the House. In addition, we have enclosed a directory so that you may identify legislators whose districts include your city. A Microsoft Word version of this resolution is available on the League's website under Legislative/Advocacy at: www.flcities.com. If you have any questions or require additional information, please contact Rikkia Rellford at the Florida League of Cities at (850) 701-3653. Thank you for your assistance. Enclosures 301 South Bronough, Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 • Internet: www.ficities.com City Clerk's Office Human Resources and Risk Management Services Quarterly Report for January 2008 CITY CLERK'S OFFICE Information Management • City web site updates continue. N'Sync Web Site Technician, Matt Travis, assisted with the Public Meeting Calendar. City Clerk continues to maintain web site updates related to Council and Board Meeting Agendas, the Public Meeting Calendar, Council and Board Minutes, and other monthly or periodic information, such as Recreation Activities. • Mia Goforth, new Administrative Assistant in the City Clerk's Office as of November 1. • Voter Registration information related to the January 29th election is available for the general public at the Clerk's Office counter. Legislative • The Clerk's Office distributed City Code Supplement 16 on December 6th. Ordinances are inclusive through No. 04-2007, Resort Dwellings. New ordinances are submitted to Municipal Code for electronic posting after adoption. Ordinance Nos. 06, 07 and 09-2007 were posted this quarter. • Final Campaign Treasurer's Reports will be due on or before February 4, 2008 from the qualified candidates in the 2007 election. Buzz Petsos and Shannon Roberts were this Election's successful candidates. • City Clerk completed the 2007 Report on Minority and Physically Disabled Board Appointments. • The Clerk's Office prepared a New Board Member Orientation Packet and for Beautification Board member. Records Management The Clerk's Office completed the 2007 State Records Compliance Statement and related Destruction Notice for James Global Storage Service. Records were physically viewed and authorized for destruction by shredding. The Clerk's Office performed a records audit to identify boxes previously marked miscellaneous at James Global Storage to ensure that boxes were correctly classified under the State record series. Notary Service The Clerk's Office continues to provide free Notary Service at a savings of $10 per document. This continues to be a highly used public service. City Clerk/ Human Resource Office Quarterly Report, January 2008 Page 2 HUMAN RESOURCES & RISK MANAGEMENT SERVICES Separated Employees: Mike Swingler, Administrative Assistant, Database/ Public Works New Employees: Mia Goforth, Administrative Assistant/ City Clerk's Office Andrea Binney, Recreation Coordinator/ Recreation Department Each new employee receives an Orientation packet, completes new hire forms and reviews employment terms. Temporary Employees: Natasha LaGrone, Admin. Assistant / Public Works - Spherion Staffing, Cape Canaveral Promotions: Walter Bandish, Public Works Director Jeff Ratliff, Assistant Public Works Director Robert Lefever, Recreation Director Health Benefits: The November 1 St' Benefits Open Enrollment was successful. Representatives were present from Health First, Humana -Comp Benefits and AFLAC supplemental coverage. Employees received the added benefit from Health First this year of a free Pro -Health Fitness membership. Also, additional free benefits, such as emergency medical assistance, are now available for those traveling 100 miles from home through Sun Life Insurance as of January 1, 2008. Property/ Liability Claims: • Parking Stops on Fillmore Avenue — City received a Victim Impact Statement from State Attorney's office related to damaged parking stops, case will be heard some time in January related to retribution. • City Vehicle Damage — Employee backed into City vehicle with private vehicle. Claim filed with the League. Outcome pending collection from driver's insurance. Workers Compensation Claims: • Utilities Maintenance Worker — Injured a toe, no lost work time - claim closed as tH of December 18 City Clerk/ Human Resource Office Quarterly Report, January 2008 Page 3 Staff Video Trainina: • No staff video training this quarter due to other personnel activities. Video training will resume at the January 16th Department Head meeting. Some upcoming topics are: Chemical Dependency, Sexual Harassment and Communications Skills for Supervisors. Videos are also made available to each department for staff viewing. Salary and Benefits Surveys: Ms. Stills completed the 2008 Florida League of Cities /Human Resource Management Partners Salary and Benefits survey. This comparative information will be beneficial to any current or future compensation and/or benefits decisions. Results are available for the City Manager and to Council at their request. COMMUNITY DEVELOPMENT DEPARTMENT Date: January 7, 2008 To: Bennett Boucher, City Manager From: Todd Morley, Building Official Re: Community Development Department Quarterly Activity Report: October — December 2007 The following report is a summary of the Community Development Department's activities, accomplishments, and on-going projects for the months of October - December 2007. Building Department - Overview: The annual budgets for the Building Department, Code Enforcement Department, Community Appearance Board and Planning and Zoning Department were merged into one budget entitled Community Development Department. This was done to streamline the four different budgets already under the management of the building official, into one all-inclusive budget. Mike Richart, Building Inspector/Plans Examiner/Code Enforcement Officer, achieved level 1 Code Enforcement Certification. Duree Alexander, Code Enforcement Officer, and Todd Morley, Building Official, provided input at various City Council joint workshop meetings pertaining to: creating an expanded Civil Citation program, a Chronic Nuisance program and revising the Sign Code. City Council supported an amended draft facilities plan, evaluation and scope of work for the remodeling project to relocate the Community 1/7/08 Community Development Department Quarterly Report October - December 2007 pg. 2 Development Department (Building Dept.) to the property at 7510 N. Atlantic Ave. (just north of City Hall on Al A). The construction budget is $25,000. Work has been permitted and is on-going, under the supervision of the Building Official and department staff. Dennis Clements, Building Inspector, conducted numerous initial inspections and final compliance inspections of structures for which resort dwelling/resort condominium status have been requested. Duree Alexander, Code Enforcement Officer, attended one Central Florida Code Enforcement Association meeting. Todd Morley, Building Official, attended a one -day E-911 workshop. Projected and on-2oinz proiects: • AAAA Storage (formerly the rear portion of the Cape Office Building site plan) - (404 Imperial Blvd.) — A Mini -storage building. Construction is ongoing. • Ace Hardware Expansion - (8300 Astronaut Blvd.) — Construction is ongoing. • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units at build -out. Construction is ongoing. 103 units completed to date. Project is complete except that one 3 -unit townhome building received a second six-month Temporary C.O. and is being used as a sales model. • Community Development Department (aka The Building Department - formerly the Atlantic Animal Clinic) — (7510 N. Atlantic Ave.) — Interior renovations ongoing. • Cabo Verde Condominiums - (Porter Property at AIA & Holman Rd.) — Site plan reviewed by staff and responses sent to developer. Developer has put this project on hold. • Canaveral Bulk Terminal - (Conveyor System at 245 Challenger Rd.) — Construction of revised drainage plan is ongoing. • Caribbean Vistas - (420 Madison Ave.) - A (4) unit townhouse building — a preliminary replat has been approved. The site plan was approved on July 17th No action this quarter. lnrog Community Development Department Quarterly Report October - December 2007 pg. 3 • Casa Esperanza Townhomes - (331, 333, 335 Fillmore Ave.) - one (3) unit townhouse building. Final replat approved by City Council on Oct. 22, 2007. — Currently under construction. • Fairvilla Megastore - (500 Thurm Blvd.) - Parking lot expansion. Currently under construction. • Fillmore Townhomes - (224 Fillmore Ave.) — An existing duplex. Owner wishes to re -plat the property and make improvements meeting the townhouse code. Waiting for applicant to submit preliminary re -plat application. No action this quarter. • Manatee Bay - (607 Manatee Bay Dr.) - Single Family Residence — Currently under construction. • Mermaid Key - (North half of project is accessed via Thurm Blvd. South half of project is accessed via Astronaut Blvd.) - Residential Condominiums (140 Units) and Commercial development (1.47 acres) on abutting commercial property - Site Plan was approved on August 9'h. A number of conditions were imposed which must be satisfied within 90 days. Applicant has requested that City Council grant an extension of this time period. • Public Works Facility Storage Building - (601 Thurm Blvd.) - Site Plan was approved. Currently under construction. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 condominium units in Phases I & II. 240 condominium units in Phase III. Total 404 condominium units at project build -out. Construction has been ongoing since October, 2001. However, no new permits have been issued since the last 5 -story building was completed in June, 2007 (187 units completed to date, 217 units remaining) • Rinker Materials Expansion — Proposed site revisions have been approved by staff. Permit issuance is pending receipt of contractor information. • Sea Shell Cay Office Building - (Lot 3, Sea Shell Drive) - No action this quarter. Note: this is the same property as the Sea Shell Cay North Townhomes. Villagio Del Mar - (S.E. corner of Washington Ave. and Ridgewood Ave.) — Currently under construction. 1/7/08 Community Development Department Quarterly Report October - December 2007 pg. 4 Recently completed proiects: • Beach Auto - (8200 N. Atlantic Ave.) Service bay addition complete. • Single Family Residence - (210 Harbor Dr.) One C. 0. issued. • Tech Vest, Phase X — (191 Center Street) — One C.O. issued. Permitting Statistics: (170) Permits were issued with a total construction valuation of $3,167,878.82. Total valuation of construction for calendar year: $11,667,127.54. The department assessed $48,768.16 in permitting fees and $2,367.81 in sewer impact fees; for a total of $51,135.97. (13 0) Permits were finaled. (1) Residential Certificates of Occupancy was issued for a single family residence. (1) Commercial Certificate of Occupancy was issued — (191 Center St.) (397) Inspections were performed. $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Construction Valuation Annually (2007 includes through this quarter) in10s Community Development Department Quarterly Report October - December 2007 pg. 5 Code Enforcement Activities Current Violations: notes: IPMC = International Property Maintenance Code, 1997 NEC = National Electric Code FLFPC= Florida Fire Prevention Code Code Section and Title Qty. Percent 22.40 Approval Prerequisite for Permit 3 6.3% 31.3.4 FLFPC Detection Alarm & Comm. System 1 2.1% 34-96 Standards Established 3 6.3% 34-97 Duties and Responsibilities 1 2.1% 34-122 Public Nuisance Prohibited 5 10.4% 94-4 Exemptions 2 4.2% 94-6 Prohibited Signs and Features 1 2.1% 94-31 Permit Required 2 4.2% 94-61 Restriction on Placement 1 2.1% 104/105 Florida Building Code -Permits & Inspections 18 39.2% 108.1.1 IPMC Unsafe Structure 1 2.1% 108.1.4 IPMC Unlawful Structure 1 2.1% 110-468 Accessory Structures 1 2.1% 110-469 Visibility at Intersections 1 2.1% 110-551 Location of Recreational Vehicles, Camping.. 2 4.2% 303.1 IPMC Exterior Structure -General 1 2.1% 303.4 IPMC Structural Members 1 2.1% 604.3 Electrical System Hazards 1 2.1% 1012.1 FLBC — Where Required 1 2.1% Total 47 100% District breakdown: (Brevard County breaks the City of Cape Canaveral into four districts. The following table illustrates the current code enforcement differences among these districts) Areas of Current Violations by District era Qty. Percentage Section 14 Northeast Section 15 32.9 Northwest Section 3 3.3 Section 22 Southwest Section 9 20.3 Section 23 Southeast Section 20 43.5 Total 47 100 1/7/08 Community Development Department Quarterly Report October - December 2007 pg. 6 Code Enforcement Board: The Code Enforcement Board held one meeting. Five cases were presented. The Jindra lien was paid in full. Code Enforcement Activities summarized: Current cases: 47 "A Better Place" requests completed: 4 Cases brought into compliance in field: Signs: 60 Removed, Vehicles Tagged: 6 Misc., Overgrowth, Maintenance, Permits: 50 Total number of cases for the quarter: 167 Community Appearance Board: The Community Appearance Board held five meetings and reviewed (9) requests; (8) items were approved, (1) item was postponed, (0) items were denied. Planning & Zoning Board: The Planning & Zoning Board held (4) meetings. The Board recommended: (0) site plans, (0) special exceptions, (0) change of use; (0) special exception time extension requests; (0) preliminary plats or replats; (0) final plats or replats; (0) easement vacations; (3) ordinances. Discussion was held regarding: creating a parking requirement for resort dwellings; creating a mixed-use zoning district; creating a zoning matrix; creating an open space/green space provision; creating a Citizen Awareness and Participation Plan (CAPP) process; consideration to increase the height limit for a proposed plaza project. The Board members attended numerous City Council joint workshops. 1/7/08 Community Development Department Quarterly Report October - December 2007 pg. 7 Local Planning Agency: The Local Planning Agency did not hold any meetings this quarter. Zoning Board of Adjustment: The Zoning Board of Adjustment did not hold any meetings this quarter. Construction Board of Appeals: The Construction Board of Appeals did not hold any meetings this quarter. Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 321-868-1227 rlefever .cfl.rr.com PARKS & RECREATION DEPARTMENT QUARTERLY REPORT OCTOBER — DECEMBER 2007 The Fall Festival took place on Saturday, October 13th from 11:00 am — 2:00 pm. Approximately 800 people attended. Kiwanis Club raised over $800 & the Breast Cancer Awareness Group raised close to $400. The Adult Co-ed Softball League began its' 4th season on October 25th with 6 teams. All teams have Cape Canaveral sponsors. The Monster Mash Halloween Party was held on Tuesday, October 30th from 6:30 pm — 8:00 pm. Approximately 150 attended. The event had to be moved inside the Recreation Center due to inclement weather. November 2nd —4 th was the 32nd Anniversary Racquetball Tournament. 85 players participated & we had 19 sponsors. The event made a profit of $1745.34 with $436.33 (25%) going to the Recreation Center. The Adult Flag Football League completed its 2nd season on November 13th with 8 teams. The 3rd season is set to start on January 22nd & has increased to 10 teams. November 14th was the Community Health Fair. Over 100 people received flu shots & approximately 200 people attended the event. Canaveral City Park Playground opened on November 22"d. The pavilion renovation is scheduled for mid January & should take 3 — 5 days. The water line for the drinking fountain & the restroom renovations are the only remaining projects left. We are under budget & should have money left over for additional beautification. 12th Annual Reindeer Run was held on Saturday, December 8th. 488 runners were entered & 51 children participated in the Kids' Run. The event raised $17,231.71 for the United Way. The Holiday Tree Lighting Program was held on Sunday, December 16th. The Cape View Chorus & the Dickens Carolers performed. Approximately 175 people attended the event. Free Tennis Lessons are being offered to kids' ages 8 to 14 on Tuesday afternoons from 3:30 pm — 4:30 pm. (average per day — 15) Improvements were made to the Little League Baseball Field by adding Poly Cap Fence Guards to the outfield fences. Programs at the Recreation Center, along with the Tennis & Racquetball Leagues remain strong. Our Belly Dance Classes relocated to another facility, so we are currently looking for a replacement program. The Youth Center activity is up & down. The kids are still getting adjusted to the new staff: • October — 385 (average per day — 15) • November — 212 (average per day — 9) • December — 450 (average per day — 18) Hours extended over Winter Break. Up Coming Events: January 12th — Nancy Hanson Dedication Ceremony January 22nd — Flag Football Starts January — Fit Trail installed at Manatee Park February 9th — Gator Bill March 8th — Community Celebration March 22nd — Easter Egg Hunt April 4th to 6th — Racquetball Tournament Public Works Department Quarterly Report January ,2008 Administration Reclaimed Water Stormwater Streets & Beautification Public Works Quarterly Report: October, November, December 2007 DATE: January 8, 2008 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 10 citizen requests for animal traps for the months of October, November, December 2007 and were notified that a total of 16 animals were trapped as follows: 3 Cats 10 Raccoons 3 Possum 2. Education/Training: Barney's Pumps and ITT Flygt provided below level preventive maintenance procedures training to the maintenance department. 3. New Hires/Transfer — Natasha LeGrone was hired as a temporary employee from Spherion. 4. Report on Work Orders/Work Production Period # WO's Community service provided 100 hours of additional labor support. FY 08 ---- Oct 07 - Dec 07 55 This Quarter 53 Outstanding This Qtr --Still Open 16 Still Open for FY 23 Plant Operators/ Water Employees Lab Streets Reclamation CollectionsiPublic Works/ Admin Sewer Positions ---31 3 8 8 6 5 Vacancies 0 0 1 0 2 Training — Events During Qtr Training Events Education Hours CEU's EBetter Requests Florida One Stop Requests/Locates (not all tickets need locates) Tickets Labor Hours Labor Cost 81 20.75 293.18 Public Works Quarterly Report: October, November, December 2007 DATE: January 8, 2008 RECLAIMED WATER Plant Production: Oct. Nov. Dec. Quarter Wastewater Treated: 42.1 MG 38.7 MG 30.75 MG 111.6 MG Storage Tank: 11.66 MG * 1.53MG 1.25 MG *4.44 MG Reuse Cape Canaveral 23.6 MG 23.5 MG 23.7 MG 70.8 MG Reuse Cocoa Beach 3.2 MG 2.63 MG 8.34 MG 14.13 MG Port Canaveral 1.0 MG .5 MG 1.0 MG 2.5 MG Total Reuse: 27.8 MG 26.63 MG 33.04 MG 87.43 MG River Discharge: 16.0 MG 11.6 MG 1.0 MG 28.6 MG Rainfall: 7.93 inches 1.6 inches 1.1 inches 10.63 inches Reclaimed Customers: 2 0 0 2 * Water from reuse storage tank that is added to total reuse used. Waste Water Treatment Plant - Capital Improvements 1. Sewer Force Main Replacement. Project started on July 16, 2007. Expertech completed about 3200 LF. Of force main. The project stopped on September 28 , 2007 waiting on Permit from Corp of Army Engineers to go under the canal. The City received the Permit on October 27, 2007. Know the Project is waiting on Greene Construction for Mermaid Key to come ply with their agreement. 2. Equipment and Maintenance Building. Construction is pending approval of change orders. Change orders have been agreed on, Butler Construction has started up the project again. The completion is scheduled for March 30 ,2008 3. I & I Program. Collections Dept. has completed the Lining Assignment for 2008. The City will be Lining about 4020 LF of pipe. 4. Regional Residual Dryer System. This project is ongoing and is a study for a regional bio -solids treatment facility for participating cities and Brevard County. This is an ongoing project that was approved by City Council on October 21, 2003. The Project web site may be located at www.SpaceCoastBiosolids.com. A meeting will be scheduled for Phase Il of this project. Staff will then present a City Council Agenda Item. 5. Treatment Facility Permit. The City has received a new Florida Department of Environmental Protection (FDEP) Domestic Wastewater Facility Permit (FL0020541- 004-DW 1 P), expiration date of February 28, 2012. The City authorized Brown and Caldwell to proceed with work on the FDEP Permit Compliance Administrative Order Project. This is on going until we complete Administrative Order. 0 Page 1 Public Works Quarterly Report: October, November, and December 2007 DATE: January 4, 2008 STORMWATER 1. Maintenance. City staff (inmates) routinely removes floatable items and performs inspections of all baffle boxes (6) after heavy rainstorms — floatable items are removed on a less frequent basis during drought periods. 2. Construction Site Inspections. Construction site inspections are completed at the commencement of land clearing, after every rainfall event, and weekly. Inspection of all new construction sites for state mandated regulations in regards to erosion and sediment control is routinely performed. 3. Baffle Box Stormwater Grant. City staff is currently performing water quality monitoring of the three new baffle boxes (Holman Avenue, Center Street, and West Central Boulevard) in accordance with grant requirements. 4. Street Sweeping. Street sweeping is performed on all City streets on a monthly basis. An annual contract was recently approved with USA Services for another year of street sweeping services. 5. North Central Ditch Project. The City was awarded a Section 319(h) grant from the Florida Department of Environmental Protection (FDEP - $314,770) and a Stormwater Cost -Sharing grant from the St. Johns River Water Management District (SJRWMD - $125,000) for stormwater improvements for the northern portion of the Central Ditch. The FDEP is currently reviewing the City's design drawings as prepared by Stottler Stagg and Associates (SSA) — upon completion of the review, the project will be advertised for bids. 6. South Central Ditch Project. The City was awarded a Section 319(h) grant ($286,000) from the FDEP for stormwater improvements to the southern portion of the Central Ditch. A SJRWMD grant was also awarded for the project in the amount of $115,000. Initial survey work has been completed and possible water quality designs are being discussed with the FDEP. 7. NPDES Permit. The City's NPDES Year 4 Annual Report (stormwater permit) was approved by the FDEP in December 2007. A Notice -of -Intent document detailing the City's proposed stormwater improvement efforts over the next five years is currently being reviewed by the FDEP. 8. Utilities. City staff is now marking all stormwater structures at construction sites as required. 9. Concrete Construction Contractor. City staff is working with the concrete contractor to repair/replace stormwater basins/sidewalks/streets/medians located throughout the City. 10. Street Paving. The City-wide paving project has been completed — striping of City streets is ongoing. 11. Manatee Park Drainage Project. City staff has completed the installation of flood control equipment at Manatee Park. Excess stormwater will now be pumped from the parking area to the wet detention ponds at the City's Public Works Facility. 12. Turtle Lighting — Pollution Reduction Project. An additional list of lights requiring corrections was forwarded by the County to FPL — the County has funds remaining from last year to pay for the corrections. The City is currently waiting on a response from Brevard County. 13. Estuary Grant Application. A grant was awarded to the City by the US Army Corps of Engineers (USACOE) to remove pepper trees from the City property located on Long Point Road. The City is currently waiting on a contract from the USACOE — waiting on approval of funds. 14. Mermaid Key Development. City staff continues to work on the Mermaid Key project — attempting to find a suitable project for the available wetland mitigation funds. Quarterly Report — October/December 2007 Street Division - Preparation of playground for new equipment - Irrigation renovations and sod installation of new playground - Preparation of Manatee Park for fall festival, weddings, pancake breakfast and other special events. - Restoration of signage, parking stops, beach ends, irrigation systems due to paving work. - Exterior restoration, painting, and landscape maintenance of the building dept. building. - Installation of insulation, interior painting and ceiling grid and tile installation of the building dept. blg. - Obtained quotes on restoration of sidewalks around City Hall and building dept. — waiting on P.O's. - Completion of hurricane pruning of all City installed ROW trees. - Intensive tree trimming of the Xeriscape Park, Rec Complex, Library grounds. - Preparations for Halloween dance, book sale, Reindeer Run, Christmas decorations and landscape beds for holidays. - Coordination with the building dept. for tree inspections and reports. - Coordination with contractor by APWD on beach renourishment project. - Sand Fence restoration. - Removal of dead fish from beaches due to red tide. - Extensive work with contractor and inmates to correctly install Manatee Park lighting - Research toward the purchase of City sign flagpoles — waiting on contractor's quote. Beautification Division Preparation of annual report for Tree City USA recertification Coordinate on replanting of butterfly gardens with Beautification board. Planting of Poinsettias for holidays. (Maintenance of over 50 irrigation systems throughout the City). Intensive restoration of the W. Central Blvd. corridor tree line. WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 Jan 8, 2007 Re: Fourth Quarter 2007 Report Dear Mr. Boucher: Waste Management provided a total of 53 garbage collections (including Ocean Woods and the bulk pick up), 14 green waste and 13 recycle collections to the single-family residents. This equates to approximately 142,898 collections. In addition, service was provided to approximately 6863 multi -family units, 111 commercial can customers, 188 commercial customers and 5 permanent roll off accounts. A total of 12 documented concerns were received by the City during this time period and the breakdown is as follows: 3 garbage/bulk complaints, 0 recycle complaint, 3 green waste, 3 general /dumpster complaints, and 3 cart deliveries/repair. If you have any questions or need further information, please feel free to contact me. Sincerely, James Tuggle Operations Manager Waste Management -Cocoa Hauling