HomeMy WebLinkAboutPacket 09-25-2007 BudgetCity of Cape Canaveral
CITY COUNCIL SPECIAL MEETING
CnoF CITY HALL ANNEX
CAPE CANAVERAL
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 25, 2007
5:30 P.M.
AGENDA
RESOLUTION:
Motion to Adopt: Resolution No. 2007-26 Adopting the Final Millage for Fiscal Year
2007/2008.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD
VALOREM TAXES FOR FISCAL YEAR 2007/2008 ON ALL TAXABLE
PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
2. Motion to Adopt: Resolution No. 2007-27; Authorizing an Agreement for Fire
Protection, Emergency Medical Services and an Operating Equipment Lease.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE PROTECTION,
EMERGENCY MEDICAL SERVICES AND AN OPERATING EQUIPMENT LEASE
BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN
EFFECTIVE DATE.
3. Motion to Adopt: Resolution No. 2007-28; Authorizing an Addendum to the
Agreement for Law Enforcement Services.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR
MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE
CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD
COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE: Second Public Hearina:
4. Motion to Adopt: Ordinance No. 05-2007: Adopting the Annual Budget for Fiscal Year
2007/2008, at Second Reading.
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
of Cape Canaveral, Florida
„City Council Special Meeting
September 25, 2007
_ Page 2
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND,
STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND
EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2007, AND ENDING SEPTEMBER 30,2008; PROVIDING FOR AN
EFFECTIVE DATE.
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.
Meeting Type: Special
Meeting Date: 09-25-07
AGENDA
Heading
Resolutions
Item
1
No.
• Beautification 0.3337
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-26, ADOPTING A MILLAGE RATE FOR THE LEVY OF
AD VALOREM TAXES FOR FISCAL YEAR 2007/08
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-26, adopting a millage rate for the levy of ad
valorem taxes for the Fiscal Year 2007/08 on all taxable property located within the City of Cape Canaveral.
Summary Explanation & Background:
The total millage rate is 2.7816 mills; last year's tax rate was 3.000.
Summary of tax rates:
• Beautification 0.3337
• Library 0.0453
• Fire/Rescue 0.9860
• Police 1.4166
TOTAL 2.7816
Exhibits Attached:
Resolution No. 2007-26
City Mana ffice
Department LEGISLATIVE
cape- ca-tMyd 4 '7a-25-07\2007-26.doc
RESOLUTION NO. 2007-26
A RESOLUTION OF THE CITY OF CAPE CANAVERAL
OF BREVARD COUNTY, FLORIDA, ADOPTING A
MILLAGE RATE FOR THE LEVY OF AD VALOREM
TAXES FOR FISCAL YEAR 2007/2008 ON ALL TAXABLE
PROPERTY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the electors approved in the 1985 referendum election the construction,
maintenance and operation of a library by ad valorem taxes; and
WHEREAS, the electors approved in the 1986 referendum election the imposition of ad
valorem taxes for beautification projects; and
WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the
imposition of ad valorem taxes for Fire/Rescue Services; and
WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the
imposition of ad valorem taxes for Police Protection; and
WHEREAS, the City wishes to impose said ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 2.7816 mills on the
dollar of taxable value for the 2007/2008 fiscal year for the City of Cape Canaveral, Florida.
This millage is a 6.96% decrease from the rolled back rate of 2.9897.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of .3337 mill for the Beautification Dependent Special District, as
City of Cape Canaveral, Florida
Resolution No. 07-25
Page 2
approved in the 1986 referendum election. This ad valorem tax shall be levied upon the 2007 Tax
Assessment Roll for ad valorem tax on all taxable property located within the City of Cape
Canaveral and is to be used for the City's fiscal year beginning October 1, 2007 and ending
September 30, 2008.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of .0453 mill for the Library Dependent Special District, as approved
in the 1985 referendum election. This ad valorem tax shall be levied upon the 2007 Tax
Assessment Roll for ad valorem tax on all taxable property located within the City of Cape
Canaveral and is to be used for the City's fiscal year beginning October 1, 2007 and ending
September 30, 2008.
Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of 0.9860 mill for Fire/Rescue Service General Operating Millage, as
approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied
upon the 2007 Tax Assessment Roll for ad valorem tax on all taxable property located within the
City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2007 and
ending September 30, 2008.
Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a millage rate of 1.4166 mills for Police Protection General Operating Millage, as
approved in the 1990, 1994 and 2002 referendum elections. This ad valorem tax shall be levied
upon the 2007 Tax Assessment Roll for ad valorem tax on all taxable property located within the
City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2007 and
ending September 30, 2008.
Section 6. This Resolution shall become effective immediately upon its adoption.
CADocuments and Settings\bennettb\Local Settingffemporary Internet Files\OLK30\RES#07-26 Final Millage .doc
City of Cape Canaveral, Florida
Resolution No. 07-25
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County,
Florida, this 25th day of September, 2007.
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
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK30\RES#07-26 Final Millage .doc
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Meeting Type: Special
Meeting Date: 09-25-07
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Resolutions
Item
2
No.
Exhibits Attached:
SUBJECT: RESOLUTION NO. 2007-27, AUTHORIZING AN AGREEMENT FOR FIRE
PROTECTION, EMERGENCY MEDICAL SERVICES AND AN OPERATING
EQUIPMENT LEASE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-27, authorizing an agreement for fire protection,
emergency medical services and an operating equipment lease with the Cape Canaveral Volunteer Fire
Department, Inc., in the amount of $1,200,720.
Summary Explanation & Background:
I recommend approval.
Exhibits Attached:
Resolution No. 2007-27; Addendum
City Manager' Office,
Department LEGISLATIVE
t\ im\mv OCu s\Admin\r--i 1 \r000
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE
PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN
OPERATING EQUIPMENT LEASE BETWEEN THE CITY OF CAPE
CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. have entered into that certain Contract for Services dated September
25, 2007; and
WHEREAS, said Contract contains a ten (10) year term commencing on October
1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department,
Inc. shall renegotiate the base contract price for each contract year after the first contract
year.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement
to Contract for Services between the City of Cape Canaveral and the Cape Canaveral
Volunteer Fire Department, Inc. to provide for a base contract price for the contract year
October 1. 2007 through September 30, 2008. A copy of said Agreement is attached
hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. The Mayor and City Clerk are authorized to execute an Operating
Equipment Lease Agreement between the City of Cape Canaveral and the Cape
Canaveral Volunteer Fire Department, Inc. for a (10) year term commencing on October
City of Cape Canaveral, Florida
Resolution No. 2007-27
Page 2
1. 2007 until September 30, 2017. A copy of said Operating Equipment Lease
Agreement is attached hereto and made part hereof by this reference as if fully set forth.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this 25th
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
Page 1 of 1
Bennett Boucher
From: Anthony Garganese [agarganese@orlandolaw.net]
Sent: Friday, September 21, 2007 3:59 PM
To: Bennett Boucher
Bennett, as we discussed, here are my changes. I can't amend David's email. The document was not even in a
word processing document. Please amend the Fire Contract as follows:
A. Paragraph 18. At the beginning add: "To the extent permitted by law and subject to the limitation set
forth in Paragraph 22 of this Agreement," the City and the Corporation ....
B. Add the following paragraph at the end of the agreement:
22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars
($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This
paragraph shall survive termination of this Agreement.
C. I recommend rewording paragraph 21 in its entirety as follows:
21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable
provisions of the City Code. Corporation agrees to fully comply with the City Code and any
amendments to Article IV, section 4 of the City Charter, or any other provision of the City
Charter related to fire protection and emergency medical services, which are approved by a
majority of the qualified electors of the City at a duly held referendum. If the qualified electors of
the City, by referendum election, choose to eliminate the City Charter provision which requires
the City to contract with the Corporation, or Article IV, section 4, is declared invalid by a court of
law, the City shall have the right to terminate this Agreement with thirty (30) days written notice
to the Corporation. If the City elects to terminate this Agreement, the City and Corporation
shall have no further liability or obligation under this Agreement. In addition, should the
City elect to create its own fire department upon termination of this Agreement, the City will give
preference to the hiring of the paid employees of the Corporation, with the exception of the Fire
Chief, provided said employees can satisfy the minimum hiring standards of the City that are in
place at the time of hiring. Said preference will expire six months from the date that the City
creates its own fire department.
9/21/2007
UL)IN 1 KAL I r V I( Jr—tc V 11.r�3
THIS AGREEMENT entered into this day of September, 20, by and between the CITY OF CAPE
CANAVERAL, Florida, (hereinafter called the City), and the CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit Florida corporation, (hereinafter called the Corporation).
WITNESSETH:
WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protection
and emergency medical services; and
WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor and City
Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services;
NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration of
the payments hereinafter set forth, the parties hereto agree as follows:
1. The Corporation agrees to provide emergency fire protection and emergency medical services within the City
of Cape Canaveral, Florida.
2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into by the City
providing for emergency fire protection services outside of the municipal boundaries of the City.
3. The Corporation agrees to respond to any other emergency situation when ordered to do so by the City
Manager of Cape Canaveral, or his duly appointed designee.
4. The Corporation agrees to comply with all orders of the Fire Chief of the City of Cape Canaveral relating to
the providing of the services referred to herein.
5. The Corporation agrees to require its members to attend training sessions in order to achieve and maintain
the degree of proficiency required by the State of Florida for firefighters. The Corporation also agrees to undergo
additional training as may be required by the City at reasonable times and upon reasonable notice; special training shall
be administrated by a State Certified Fire Service Instructor. This expense will be in addition to the amount
determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance..
6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules and
Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire
protection service to the City. A copy of these rules and regulations are available for review by the City during normal
working hours.
7. The Corporation agrees to maintain attendance and training records and to allow the inspection or copying of
such records by the City upon two working days notice to the Corporation.
9/21/2007
CONTRACT FOR SERVICES Page 2 of 4
8. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift. Trained
firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall immediately
notify the City Manager, in writing, should said 24 hour shift fall below seven (7).
9. The Corporation shall provide the City with the level of service and all support services incident thereto as
follows:
(a) At all times there shall be seven (7) trained firefighters on duty to respond to calls.
(b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one a
minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These personnel
can also be the personnel required in paragraph 9(a).
(c) The Fire Chief of CCVFD shall perform the duties as the City's Fire Chief for all prevention, fire, and
emergency medical services activity.
(d) The Corporation shall provide the services of a Fire Safety Inspector. The Fire Safety Inspector shall
perform those services on behalf of the City as are set forth in Florida State Statute 633, and the City Code of
Ordinances.
10. The City shall provide fire fighting equipment to the Corporation which shall be used within the corporate
limits of Cape Canaveral or in such other geographical area as determined by the senior officer on duty. The
Corporation shall have the authority over the day to day use of said equipment in carrying out its duties under this
Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs,
defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the
City.
11. All personnel used by the Corporation in the performance of this Agreement shall be members or employees
of the Cape Canaveral Volunteer Fire Department, Inc.
12. The Corporation agrees to obtain Public Liability, Casualty and Property Damage Insurance, insuring the
Corporation and the City against any and all claims, demands, and causes of action for bodily injury or property
damage relating to the performance of any duty or obligation herein set forth, including acts or omissions of the
Corporation's Paramedic and Emergency Medical Technician personnel. The limits of said policies shall be in the
amount of $1,000,000.00. The Corporation also agrees to provide Worker's Compensation coverage for the
firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage insurance
on the Fire Stations. The Corporation agrees to maintain the insurances required by law on its Defined Benefit
Retirement Plan. The City shall pay the Corporation, in addition to the other sums payable under this contract, one-
half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will provide the City
with copies of the certificates of insurance indicating that the City is an additional insured there under.
13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual
contract price of $1,200,720. The compensation provided for herein shall be paid monthly in the sum of $100,060 per
month commencing on the first day of October, 2007, and continuing on the first day of each month thereafter. The
base contract price for each successive year of this Contract shall be renegotiated by the parties annually. The City
further agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles,
equipment, personnel, and supplies, less any disaster relief funding provided by another agency.
9/21/2007
CONTRACT FOR SERVICES Page 3 of 4
14. The City agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the
Volunteer Length of Service Award Program.
15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of October
2007, and ending on the thirtieth day of September, 2017.
16. This Agreement may be terminated, or any terms thereof modified, altered, or amended at any time by
mutual agreement of the parties hereto.
17. In the event either party defaults in the performance of any obligations under this Contract, and said default
continues for a period of thirty (30) days after written notice of such default, this Contract may be canceled at the
option of the other party. No delay in enforcing any right hereunder shall be deemed a waiver of any rights the non -
defaulting party may have in these premises.
18. The City and the Corporation each indemnify and will hold the other whole and harmless from any and all
manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and
demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees
and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or
negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and
Corporation assumed the obligations of this agreement.
19. During the duration of this agreement, all disputes or disagreements between the parties relative to either
party's performance under the terms of this agreement, will be presented specifically, in writing, by the party claiming
the dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant.
Within fifteen (15) days thereafter, the parties will be at a mutually agreeable time and place to either settle the dispute,
or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding
arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator,
then an arbitrator will be selected by the Court pursuant to Florida State Statute 682.
20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation,
attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City,
attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920.
21. In the event that the voters of the City, by referendum election, choose to dispense with the services of the
Cape Canaveral Volunteer Fire Department, Inc., other provisions of this Contract not withstanding, this Contract
and all its provisions shall become immediately null and void, and there shall be no further liability or expense
incurred by the Cape Canaveral Volunteer Fire Department, Inc. for providing fire protection services and emergency
medical services. Should this occur, the City agrees to give preference to the hiring of the paid employees of the
Corporation with the new provider of services, with the exception of the Fire Chief.
9/21/2007
CONTRACT FOR SERVICES
Page 4 of 4
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, FLORIDA, by its duly
authorized officers, has executed this instrument this day of September 20
CITY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
10
ATTEST:
Susan Stills, City Clerk
(CORPORATE SEAL)
Rocky Randels, Mayor
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., a non-profit corporation, by its authorized officers, has executed this instrument this day of September
20
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit corporation.
I:
ATTEST:
Brian Teek, Secretary
(CORPORATE SEAL)
9/21/2007
David J. Sargeant, Fire Chief/CEO
Vl'LKAI INIr Ll1Ull'MLN 1' L�AS� ACiKLLML�NT
The CITY OF CAPE CANAVERAL (CITY) as Lessor, and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC. (CCVFD) as Lessee, enter into this Operating Equipment Lease Agreement this _
day of September, 2007, and agree as follows:
1. The CITY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the CCVFD
for the use of the CCVFD in performing its obligations under the fire service contract between the parties dated the
— day of September, 2007.
2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall remain in
the CITY at all times during the term of the lease.
3. The CCVFD will pay the CITY the sum of $1.00 for the term of the lease of said equipment.
4. The CCVFD agrees to keep the leased equipment in good repair and condition and further agrees to
use said equipment only for the purposes set forth in the above referenced fire service contract.
5. The CCVFD agrees to maintain property damage, theft, and liability insurance on said equipment
during the term of this lease in policy amounts acceptable to the CITY.
6. The term of this lease shall be from 1st day of October, 2007 until the 30th day of September, 2017,
unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract between the
parties is terminated prior to the 30th day of September, 2017, this lease shall terminate simultaneously.
9/21/2007
OPERATING EQUIPMENT LEASE AGREEMENT
IN WITNESS WHEREOF, we have set our names and seals on the date above written.
LESSOR: CITY OF CAPE CANAVERAL, FLORIDA, a
municipal corporation
Rocky Randels, Mayor
ATTEST:
Susan Stills, City Clerk
STATE OF FLORIDA
COUNTY OF BREVARD
Page 2 of 2
The foregoing instrument was acknowledged before me this day of 2007 b
Rocky Randels, on behalf of the CITY OF CAPE CANAVERAL, who is personally known to me and who did not
take an oath.
NOTARY PUBLIC
My Commission expires:
(SEAL)
LESSEE: CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit corporation
By:
David J. Sargeant, President
ATTEST:
Brian Teek, Secretary
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of , 2007 by
David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., who is
personally known to me and who did not take an oath.
NOTARY PUBLIC
My commission expires:
(SEAL)
9/21/2007
tAN101 I --A - U I r
YEAR
MAKE/MODEL
1991
International/Pierce Eng52
2005
Pierce Quantum Pumper SQ52
1997
Hacknee International Support52
2002
Pierce Quantum Ladder Trk52
2001
Pierce F550 MiniPumper SQ53
2004
Ford Ranger Pickup Fire Inspector
2005
Ford F250 Pickup F5
2003
Ford Crown Victoria F1
2001
Ford Expedition District53
2003
Dodge Intrepid
2007
Ford Expedition
VIN#
OWNERSHIP
1 HTSONZR5NH401331
CITY
4P1CU01S65A005326
CITY/PORT
1 HTSDADNOVH409832
CITY/PORT
4P1CT02562A002116
CITY/PORT
1 FDAW57F21 EB19338
CITY/PORT
1 FTZR45E44TA17915
CITY/PORT
1 FTSW205X5EB62453
CITY/PORT
2FAFP71 W83X119198
CITY/PORT
1 FMPU16LXl LA72488
CITY/PORT
2FAFP71 W6YX164342
CITY/PORT
1FMFU16557LA42207
CITY/PORT
Meeting Type: Special
Meeting Date: 09-25-07
AGENDA REPORT
AGENDA
Heading
Resolutions
Item
3
No.
Exhibits Attached:
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-28, AUTHORIZING AN ADDENDUM TO THE
CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES WITH SHERIFF
J.R. "JACK" PARKER
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Resolution No. 2007-28, authorizing a contract for municipal law
enforcement services with Sheriff J.R. "Jack" Parker in the amount of $2,714,745.00
Summary Explanation & Background:
The level of service was reviewed by City Council during the budget workshops.
I recommend approval.
Exhibits Attached:
Resolution No.. 2007-28; Addendum
City Man a 's Office
Department LEGISLATIVE
ca im y oc s\admin\council\meeting\2007\09-25-07\2007-28.doc
RESOLUTION NO. 2007-28
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT
FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY
OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS
SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide
Municipal Law Enforcement Services; and
WHEREAS, said Contract contains a four (4) year term commencing on October
1, 2005, and provides that the City and the Sheriff shall renegotiate the contract price
each year for the term of the contract.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum
for Municipal Law Enforcement Services between the City of Cape Canaveral and the
Sheriff to provide services for the contract year October 1, 2007 through September 30,
2008. A copy of said Addendum is attached hereto and made a part hereof by this
reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTION PAGE FOLLOWS:
City of Cape Canaveral, Florida
Resolution No. 2007-28
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 25th of
September, 2007.
ATTEST:
Susan Stills, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
Robert Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
For Against
ADDENDUM
THIS ADDENDUM is entered into this 25th day of September, 2007 by, between
THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and between
J.R. "Jack" Parker, as Sheriff of Brevard County, hereinafter called "Sheriff'.
WITNESSETH
WHEREAS, the City and the Sheriff have entered into that certain Contract for
Services dated September 22, 2005 ("Contract"), which Contract is for a term of four (4)
years; and
WHEREAS, said Contract requires the City and the Sheriff to renegotiate the
contract price for each year of the Contract; and
WHEREAS, the parties have agreed to a revised Contract price for the period
October 1, 2007 through September 30, 2008.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct and
incorporated into the body of this Agreement by this reference.
2. Price Revision. Article VII. Consideration of the Contract is amended to read
as follows:
-1-
The compensation to be paid by the CITY to BCSO for fiscal year 2007 — 2008
shall be the sum of Two Million Seven Hundred Fourteen Thousand, Seven
Hundred Forty-five Dollars ($2,714,745).
Payment shall be made to BCSO by the CITY IN THE FOLLOWING MANNER:
personnel services and operating expenses in the sum of $2,551,779 shall be
made in twelve equal monthly installments $212,648.25 payable on or before the
first day of each month. Capital purchases in the sum of $162,966 shall be
reimbursed by the CITY as they occur, within thirty days of receipt of invoice,
supplied by BCSO.
3. Continuing Effect. Except as modified by this Addendum, the Contract shall
remain in full force and effect.
-2-
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by its duly
authorized officers, has executed this instrument this 25th day of September, 2007.
CITY OF CAPE CANAVERAL, FLORIDA,
A municipal corporation
IN
Attest:
Susan Stills, CITY CLERK
(Corporate Seal)
Rocky Randels, MAYOR
IN WITNESS WHEREOF, the undersigned J.R. "Jack" Parker, Sheriff of Brevard
County, has executed this instrument this day of , 2007.
Attest:
-3-
Sheriff of Brevard County, Florida
0
J.R. "Jack" Parker, Sheriff
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Meeting Type: Special
Meeting Date: 09-25-07
AGENDA
Heading
Ordinances -2nd Reading
Item
4
No.
The attached matrix of the existing Building, P&Z, Community Appearance, Code Enforcement Budgets
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 05-2007, ADOPTING THE ANNUAL GENERAL FUND, SEWER
ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE
FUNDS, AND EXPENDABLE TRUST FUNDS FOR THE FISCAL YEAR OCTOBER
1, 2007 AND ENDING SEPTEMBER 30, 2008
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 05-2007, adopting the Annual General Fund, Sewer
Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds and Expendable Trust Funds Budgets
for the Fiscal Year beginning October 1, 2007 and ending September 30, 2008.
Summary Explanation & Background:
This ordinance adopts the annual budget.
The attached matrix of the existing Building, P&Z, Community Appearance, Code Enforcement Budgets
combined for a comparison shows an additional $20,065 is needed. Also recommending an initial budget of
$20,000 for the oral history. Both amounts can come out of the General Fund Contingency.
Exhibits Attached:
Ordinance No. 05-2007; Hand -Out; Budget Change Summary; Annual Budget; Community Development
Department information
City Mana •'s Office
Department LEGISLATIVE
- k'm\my nts\admin\council\meeting\2007\05-2007.doc
ORDINANCE NO. 05-2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND,
SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND,
SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS
BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007,
AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. The Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise
Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto
and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year
beginning October 1, 2007, and ending September 30, 2008, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 25th day of
_September, 2007.
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
First Reading: 9/5/2007
Second Reading: 9/25/2007
1,Z10FT' ION. d-
NOTICE OF BUDGET HEARING
The City of Cape Canaveral has tentatively adopted a budget for FY
2007/2008. A Public Hearing to make a FINAL DECISION on the budget
AND TAXES will be held on September 25, 2007 at 5:30 p.m.
At
Cape Canaveral City Hall Annex
111 Polk Avenue
Cape Canaveral, Florida
BUDGET SUMMARY
CITY OF CAPE CANAVERAL - FISCAL YEAR 2007-08
m r-nvrU,-*cU UrtHATING BUDGET EXPENDITURES OF
CITY OF CAPE CANAVERAL ARE 0.227 PERCENT MORE
6 THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES
E
GENERAL
SPECIAL STORMWATER SEWER CAPITAL
CASH BALANCES BROUGHT FORWARD
FUND
$47,572
REVENUE ENTERPRISE ENTERPRISE EXPANSION TOTAL
ESTIMATED REVENUES:
$15,320 $60,865 $949,633 $250,680 $1,324,070
MILLAGE PER $1,000
BEAUTIFICATION 0.3337
5462,765
LIBRARY 0.0453562,820
$462,765
POLICE PROTECTION 1,4166
$1,964,485
$62,820
I FIRE RESCUE 0.9860
$1,367,345
$1,964,485
I SALES AND USE TAXES
$248,113
$1,367,345
FRANCHISE TAXES$816,300
$248,113
UTILITY TAXES
$674,796
$816,300
TELECOMMUNICATION TAX$674,796
$533,268
LICENSES A.ND PERMITS
$175,000
$533,268
$10.000 $300,000 $74,700
f INTERGOVERNMENTAL REVENUE
$982,432
$559,700
$403,000
CHARGES FOR SERVICES
$1,005,083
$1,385,432
$334,200 $2,630,345
FINES AND FORFEITURES
$19,700
$3,969,628
$27,700
tnISCELLANEOUS
OTHER FINANCING SOURCES
$47,400$300,070 $28,149 $14,735
-
$157,545 $43,550 $544,049
I
$125,000
$125,000
I TOTAL REVENUES AND
I OTHER FINANCING SOURCES
$8,211,592.
$591,434 $751,935 $3,087,890 $118,260 $12,761,101
E TOTAL REVENUES, TRANSFERS
f AND BALANCES
$8,259,164
$606,754 $812,800 $4,037,523 $368,930 $14,085,171
EXPENDI T URES/EXPENSES:
GENE RAL GOVERNMENTAL SERVICES
$1,263,034
p
§ PUBLIC SAFETY$285,000
$4,834,813
$1,548,034
$6,719
PHYSiCA.I_ ENVIRONMENT
t
$873,600
$4,841,532
$451,154 $670,244 $3,246,436 $5,241,434
TRANSPORTAT!ON
$706,302
t
y GL4TUREANDRECREATION
$358,207
$706,302
$66,500 -
! DEBT SERVICE$37,403
$434,707
$649,383
OTHER FINANCING SOURCES (USES)
-
$686,786
TOTAL EXPENDiTURESIEXPENSES
$8,073,359
$125,000 $125,000
$524,373 $670,244 $4,020,819 $285,000 $13,573,795
Reserves
$185,805
$82,381 $142,556 $16,704 $83,930 $511,376
{ TOTAL APPROPRIATED EXPENDITURES
AND RESERVES
$8,259,164
$606,754 $812,800 $4,037,523 $368,930 $14,085,171
THE TENTATIVE, ADOPTED, AND/OR FINAL BUDGETS
y
ARE ON FILE IN THE OFFICE OF THE ABOVE k-AENTIONED TAXING AUTHORITY
AS A PUBLIC RECORD.
253355
CITY OF CAPE CANAVERAL
2007-08 FISCAL YEAR BUDGET
BUDGET SUMMARY
ADJUSTED
2003-04
2004-05
2005-06
2005-06
2006-07
%
FUND
ACTUAL
ACTUAL
BUDGET
BUDGET
BUDGET
CHANGE
GENERAL FUND
T,504;590
7,481,824
' -10,205;881
11,238,142
' $,259,163
27%
SEWER ENTERPRISE FUND
3,911,375
3,933,219
4,661,218
4,851,325
4,037,523
-17%
STORMWATER ENTERPRISE FUND
571,254.
383,515
895,006
995,006
$12,$Q0
-180/6
LIBRARY FUND
38,551
51,404
73,620
86,620
66,500
-23%
BEAUT1FIC- TION FUND
346,763
391x597
61/:,, 93
745,493:
,' 4$7,335
-33%
FIRE TRUST FUND
30,804
47,007
10,000
10,000
10,500
5%
F LIC 18DUC- '�` ON FUND
1;74'2
10,000'
3 7th
4,170'-,-,,
1160
-350/0
CAPITAL EXPANSION FUND
197,162
398,887
211,630
211,630
368,930
74%
i-aW1�C�RCEMENT'TRUST FUI+14 ::.
31;634
_
21),754
28,754
241~;719
Q%
TOTALS
12,633,874
12,719,808
16,662,672
18,172,140
14,085,170
-22%
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
BUDGET SUMMARY
2003-04 2004-05 2005-06 2005-06 2006-07
• FUND ■ GENERAL FUND
❑ SEWER ENTERPRISE FUND ❑ STORMWATER ENTERPRISE FUND
■ LIBRARY FUND ■ BEAUTIFICATION FUND
■ FIRE TRUST FUND ❑ POLICE EDUCATION FUND
■ CAPITAL EXPANSION FUND ❑ LAW ENFORCEMENT TRUST FUND
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Date: August 21. 2007
To: Bennett Boucher, City Manager
From: Kim M. McIntire, Business & Cultural Development Board Secretary
Subject: Recommendation to the City Council Regarding the Update of the
Existing Marketing Video
On August 15. 2007. the Business & Cultural Development Board unanimously
supported the proposal contained within the FY 07/08 Proposed Budget to update the
existing marketing video.
Proposed - CAPE CANAVERAL DEVELOPMENT PROCESS
COMMUNITY DEVELOPMENT DIRECTOR
Coordinates the processing of applications, flow of information to:
• CITY COUNCIL
• PLANNING & ZONING BOARD
• COMMUNITY APPEARANCE BOARD
• BOARD OF ADJUSTMENT
Processes applications related to:
• CONCURRENCY, PLATS, SITE PLANS, APPEALS, SPECIAL EXCEPTIONS,
VARIANCES, VESTED RIGHTS, COMPREHENSIVE PLAN AND ZONING
AMENDMENTS.
Implementation of.
• COMPREHENSIVE PLAN
• REDEVELOPMENT PLAN
Interpretation and enforcement of the following codes:
• CHAPTER 86 CONCURRENCY
• CHAPTER 90 FLOODS
• CHAPTER 94 SIGNS- (location and placement)
• CHAPTER 98 SUBDIVISIONS
• CHAPTER 102 VEGETATION
• CHAPTER 106 WATERWAYS/WETLANDS
• CHAPTER 1 10 ZONING CODES
• CHAPTER 115 VESTED RIGHTS
BUILDING OFFICIAL
Interpretation and enforcement of the following codes related to building permits and
related inspections:
• CHAPTER 82 FLORIDA BUILDING CODE
• CHAPTER 90 FLOODS
• CHAPTER 94 SIGNS
• CHAPTER 102 VEGETATION
• CHAPTER 1 10 ZONING —(building permits and related inspections, certificate of
occupancy)
• CONSTRUCTION BOARD OF APPEALS
Processes applications / inspections related to:
• Building permits / inspections, lot clearing permits / inspection, sign permits / inspection,
and any other required building plan review and inspections.
ENFORCEMENT
CODE ENFORCEMENT BOARD
The Code Enforcement Board will hear cases related to:
• ZONING ISSUES — Community Development Director
• BUILDING CODE ISSUES — Building Official
With the assistance of the Code Enforcement Officer.
CITY OF CAPE CANAVERAL
JOB DESCRIPTION
JOB TITLE: COMMUNITY DEVELOPMENT DIRECTOR
DEPARTMENT: COMMUNITY DEVELOPMENT Salary Range: 61,825 — 97,820
GENERAL DESCRIPTION:
Professional work in the Management, administration and supervision of the staff and activities assigned to the
building inspection, planning and zoning, code enforcement, grant writing and administration, and community
development. Work is performed under administrative direction of the City Manager.
ESSENTIAL JOB FUNCTIONS:
Directs and coordinates staff work assignments related to Building Inspections, Code Enforcement, grant
writing, Community Development Block Grant Program and Planning.
2. Administers land use/zoning regulations and the City's Comprehensive Plan.
3. Conducts public hearings and facilitates public meetings.
4. Develops and implements departmental policies and procedures.
5. Prepares and presents agenda items in compliance with City's Code of Ordinances and Land Development
Regulations for City Council including: recommendation for additional code requirements and amendments
to existing codes.
Confers, meets with and corresponds with the public, developers, contractors, architects, other
government organizations and other department heads to resolve problems, facilitate redevelopment
activity and projects and other code -related problems.
Attends and provides staff assistance to various City advisory and quasi-judicial boards.
Develops studies for annexation.
9. Supervises the development and administration of grant applications and grant programs.
10. Conducts inspections and reviews plans as needed.
11. Prepares and monitors departmental budget.
12. Performs and coordinates special projects assigned by the City Manager.
13. Prepares Ordinances and Resolutions.
14. Selects, trains, supervises and evaluates subordinate personnel.
(These essential job functions are not to be construed as a complete statement of all duties performed.
Employees will be required to perform other job related marginal duties as required.)
COMMUNITY DEVELOPMENT DIRECTOR Page 2 of 2
MINIMUM QUALIFICATIONS•
KNOWLEDGE, SKILLS AND ABILITIES:
- Knowledge of Federal Housing and Community Development Block Grant Programs.
- Knowledge of the Florida Growth Management Act and Administrative Rules.
- Knowledge of current construction practices including legislation changes affecting local codes.
- Knowledge of private sector affordable housing and community development initiatives.
- Knowledge of Code Enforcement procedures and strategies and building codes.
- Knowledge of modern management techniques
- Knowledge of zoning laws, comprehensive planning and the planning process.
- Ability to facilitate meetings and guide groups to identify and accomplish goals.
- Ability to effectively lead and manage the department.
- Ability to innovate and implement plans and programs.
- Skill in use of a personal computer and knowledge of GIS applications.
- Skill in public relations.
EDUCATION AND EXPERIENCE:
Graduation from an accredited college or university with a Master's Degree in Urban Planning or a related field.
Five (5) years in land use planning, five (5) years in a supervisory role, and three (3) years as a municipal
department head.
(A comparable amount of training, education or experience can be substituted for the minimum qualifications.)
LICENSES, CERTIFICATIONS OR REGISTRATIONS:
Valid Florida Driver's License
Membership in the American Institute of Certified Planners (AICP) or qualification for membership in AICP,
ESSENTIAL PHYSICAL SKILLS:
Acceptable eyesight (with or without correction)
Acceptable hearing (with or without hearing aid)
Ability to communicate both orally and in writing.
ENVIRONMENTAL CONDITIONS:
Works inside in an office environment.
(Reasonable accommodations will be made for otherwise qualified individuals with a disability.)
CI
PLANNING &
ZONING
DEVELOPMENT
DIRECTOR
BUILDING
102
CODE
ENFORCEMENT
The Community Development Department serves the City and its citizens by
enforcing City codes and ordinances
related to comprehensive planning, zoning,
building and construction, land use and development, signage and
licenses/ permits. This Department generally coordinates the City's future growth
and economic development.
The Community Development Department is comprised of three units which
provide the following services:
Building - Provides services related to the issuance of all
building permits, scheduling of site inspections, and the
review and approval of construction plans.
Planning Et Zoning - Provides services related to issues that
may require approval from the Planning and Zoning Board and
City Council with coordination of all requests for variances
and special exceptions through the Board of Adjustment.
Code Enforcement - Administers the Code Enforcement and
Civil Citation programs to ensure compliance with codes and
ordinances throughout the City.
The Community Development Department also supports five standing City
boards that influence the above processes: The Planning and Zoning Board
(Local Planning Agency), Board of Adjustment, Community Appearance
Board, Code Enforcement Board and the Construction Board of Appeals.
PLANNING &
ZONING
DEVELOPMENT
DIRECTOR
BUILDING
102
CODE
ENFORCEMENT
4
CITY OF CAPE CANAVERAL
2007-08 FISCAL YEAR BUDGET
GENERAL FUND - COMMUNITY DEVELOPMENT DEPARTMENT
001-6-524. EXPENDITURES
2006-07
2004-05 2005-06 ORIGINAL ADJUSTED 2007-08
%
CODE DESCRIPTION ACTUAL ACTUAL BUDGET BUDGET REQ
CHANGE
SUMMARY
1000-2500 PERSONAL SERVICES 359,352 411,404 465,803 465,803 520,079
120%
3140-5400 OPERATING EXPENSES 186,440 193,556 190,052 241,302 185,865
-230,40
6000-6600 CAPITAL 18,226 23,077 6,000 6,000 17,000
183%
TOTAL BUILDING DEPARTMENT 564,018 628,037 661,855 713,105 722,944
1%_
DEPARTMENT OF COMMUNITY DEVELOPMENT
This Budget is a combination of the four separate budgets maintained within the Building Department
at this time. Those four include Planning & Zoning, Community Appearance, Building and Code
Enforcement.
7]
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103