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HomeMy WebLinkAboutPacket 10-03-2006 RegularCity of Cape Canaveral CITY OF CITY COUNCIL REGULAR MEETING CAPE CANAVERAL CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 3, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA - 1 . GENDA:1. City Council Regular Meeting Minutes of September 19, 2006. 2. City Council Special Meeting Minutes of July 31, 2006 (2 Sets). 3. City Council Special Meeting Minutes of August 29, 2006. 4. City Council Special Meeting Minutes of September 5, 2006. 5. City Council Special Meeting Minutes of September 25, 2006. 6. Resolution No. 2006-39; Appointing a Regular Member to the Beautification Board (Andrea Rice). 7. Resolution No. 2006-40; Appointing a Regular Member to the Business & Cultural Development Board (Dianne Marcum). 8. Resolution No. 2006-41; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (James Evetts). 9. Resolution No. 2006-42; Appointing a Regular Member to the Board of Adjustment (Jack Childs). 10. Addendum to the Operating Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Department Inc. 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 City Council Regular Meeting October 3, 2006 Page 2of3 CONSIDERATIONS: 11. Motion to Approve: Award Request for Proposal No. 06-06 for Group Health Benefits. 12. Motion to Approve: Interlocal Agreement for Traffic Signal Maintenance with Brevard County. 13. Motion to Approve: Interlocal Agreement with Brevard County for the Transfer of N. Atlantic Avenue, Ridgewood Avenue and Central Boulevard. 14. Motion to Approve: Appointing Two Members to the "North Beaches Coalition Advisory Board" and a Voting Delegate and Alternate to the Brevard Metropolitan Planning Organization. ORDINANCES: First Public Hearing: 15. Motion to Approve: Ordinance No. 16-2006; Adopting a New Cable Franchise Agreement with Bright House Networks, LLC, at First Reading. 16. Motion to Approve: Ordinance No. 17-2006; Amending Chapter 110, Zoning, Relating to the Regulation of Nonconforming Uses and Structures; Providing for Intent; Providing for Continuance and Regulation of Lawful Nonconformities Under the Requirements Set Forth Herein; Providing for the Issuance of Special Permits by the City Council for the Continuance of Some Nonconformities that would Otherwise be Terminated when Circumstances Demonstrate that the Overall Community and Public Policy Objectives of the City will be Promoted and Enhanced, at First Reading. ORDINANCES: Second Public Hearing: 17. Motion to Adopt: Ordinance No. 11-2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the C-1 Zoning District Related to Residential Uses; Specifically Amending Section 110-334(c)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Along the A1A Highway Corridor as Depicted in Exhibit "A" Attached Hereto; Providing Clarifying Amendments, at Second Reading. RESOLUTION: 18. Motion to Adopt: Resolution No. 2006-43; Approving Final Replat of Beachside Townhomes, Phase II, Lot 13, Block 5, Avon -By -The -Sea Located on the North Side of Adams Avenue, Applicant John Johanson. City Council Regular Meeting October 3, 2006 Aff Page 3 of 3 DISCUSSION: 19. Space Coast Wayfinding Program. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 19, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate Latorre City Clerk Susan Stills Building Official Todd Morley BOARD INTERVIEWS: Andrea Rice, Beautification Board Ms. Rice affirmed that all of the information on her application was true and correct to the best of her knowledge. Ms. Rice said that she saw no conflict in her serving on the Board. She stated that she lived in Cape Canaveral for 28 years and she worked with some of the City Council's children and grandchildren as an educator providing seeds of learning. She informed that she worked with the Energy Action Patrol and on some beautification projects with the Brownie Troop through Cape View Elementary School. Ms. Rice stated that to have the City remain a tree City was an advantage in beautification. Mr. Bruns stated that Ms. Rice had a good background and would be a welcome addition to the Board. Mr. Nicholas informed that Ms. Rice has been beneficial when she attended a number of Board meetings. Mr. Petsos and Mayor Pro Tem Hoog also welcomed her to the Board. Mayor Randels stated that Ms. Rice was an asset in many phases of beautification efforts such as tree planting and others. Ms. Rice replied to Mayor Randels that she would enjoy working on the Ridgewood Avenue project. She explained how she would like to see a shade project in the Washington and Ridgewood City Council Regular Meeting September 19, 2006 Page 2 of 11 Avenue area. Discussion followed on trees or some sort of canopy element in the Cape View kindergarten area. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the following City Council Meeting Agenda. Dianne Marcum, Business & Cultural Development Board Ms. Marcum stated that all of the information on her application was true and correct to the best of her knowledge. She did not anticipate any conflict in serving on the Board. Ms. Marcum informed that she has been a resident for 10 years. Ms. Marcum stated that she served on a University Board and she also served several terms on the East Central Florida Health Council. She was also with Walt Disney World for 15 years in Strategic Planning and Human Resource Planning. Ms. Marcum is a Certified Public Accountant and she coordinates the AARP tax service at the Cape Canaveral Library during that season. Ms. Marcum informed that she has a book on travel in progress. Council members welcomed Ms. Marcum to the Board. Mayor Randels informed that he attended a meeting at which Mr. John Anderson, Board Chairperson, allowed Ms. Marcum to assist with the Board discussion prior to her appointment. Ms. Marcum responded to Mayor Randels that the Board would need to address the balance protecting the natural resources while accommodating the visitors and to address the employment for business in light of the housing market. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the following City Council Meeting Agenda. James B. Evetts, Construction Board of Adjustment & Appeals Mayor Randels noted two regular vacancies for this Board and informed that Mr. Evetts is a structural engineer. Mr. Evetts stated that all of the information on his application was true and correct to the best of his knowledge. Mr. Evetts replied to Attorney Latorre that he would not have a Conflict of Interest and as a Florida Engineer he would need to disclose his involvement with any contractor. He did not anticipate frequent refrain from voting. Mr. Evetts stated that he was in favor of the infrequent Board meetings. Mr. Evetts informed that he was born and raised in Cocoa Beach and he left, but returned to the area and resides in and opened a business in Cape Canaveral. Mr. Bruns stated that Mr. Evetts background as a structural engineer would complement the other Board members. Mr. Evetts asked if his action on the Board was protected from civil liability. Attorney Latorre replied that he was protected as a public official under sovereign immunity. Council members welcomed Mr. Evetts to the Board. Mr. Evetts informed that he worked with the Cape Canaveral's Fire Department and he related that the City's fire service was well trained and an asset to the community. Mr. Evetts recounted the events of a recent ship board disaster and disclosed how well executed the Fire Department emergency team responded. Mayor Randels concluded that a notation would be made to identify his name as Byron and a Resolution to appoint him on the Board would be placed on the next Council Agenda. City Council Regular Meeting September 19, 2006 Page 3 of 11 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 5, 2006. 2. Resolution No. 2006-31; Reappointing Members to the Board of Adjustment (Constance McKone and Paula Collins). 3. Resolution No. 2006-32; Reappointing Members to the Code Enforcement Board (Mary Russell, Walter Godfrey, Karen Hartley and Craig Stewart). 4. Resolution No. 2006-33; Reappointing Members to the Library Board (Joanna Atwood, June Bell and Mary Ernst). 5. Resolution No. 2006-34; Reappointing Members to the Recreation Board (John Dattilo, Marianne Kulac-Taiani and Regina Mead). 6. Resolution No. 2006-35; Appointing an Alternate Member to the Business & Cultural Development Board (Gene Vlahovic). Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Mayor Randels informed that Mr. Gene Vlahovic was previously interviewed and would be appointed due to Mr. Craig Smith and Ms. Beth Foy separation from the Board. Mayor Pro Tem Hoog noted that under the City Manager's Reports, the park in discussion was Banana River Park not Manatee Sanctuary Park. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 6 with the noted correction on the City Council Meeting Minutes of the Banana River Park. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 7. Motion to Approve: 2006/2007 Blue Wave Certification for Cherie Down Park. Mayor Randels stated that the Blue Wave Certification Application was $1,275. Mayor Randels informed that in the European travel market a Blue Wave beach was a mark of distinction and certified by the Clean Beaches Council. Some of the qualifications for the designation include frequent water sampling, adequate lifeguards, and local ordinances on animal control, public restrooms and adequate parking. Mayor Randels referred to a photo in which a check was presented by Christine Todd for $544,000 that initiated Cherie Down Park as a Blue Wave Beach. City Council Regular Meeting September 19, 2006 Page 4 of 11 Mayor Pro Tem Hoog questioned how often the water testing was performed. Mr. Boucher informed that the Brevard County Health Department would perform the testing. Mr. Petsos stated that the City sends much funding to the County with little returned and he questioned how the City residents would benefit from the designation. He expressed that the Tourist Development Council (TDC] would benefit more. Mr. Petsos stated that the City did not budget for this venture and he proposed that the business community, the TDC or the Beach Renourishment Committee support this endeavor. Mayor Pro Tem Hoog expressed agreement with Mr. Petsos. Mayor Randels concluded that Council would forward the Blue Wave Certification for Cherie Down Park to the Tourist Development Council. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 11-2006; at First Reading. Mayor Randels read Ordinance No. 11-2006 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the City Attorney advised the use of a map as an exhibit to the ordinance and publish notice as a first public hearing. Mayor Randels stated that this proposed ordinance would prohibit any residential development along the A1A corridor in the C-1 zoning district. Mayor Pro Tem Hoog referenced the previous Planning and Zoning Board meeting at the Library in which Mr. Johanson asked if the non -conforming structure discussion applied to this ordinance and the City Attorney affirmed that it did. Attorney t-atorre explained that Mr. Johanson's question addressed of residential properties enjoying the privilege of a Special Exception in the C-1 zoning district. He asked if a hurricane or natural disaster destroyed a townhome and the cost to re -build and make it whole were more than 50 percent of its appraised value, then the townhome would not be reconstructed unless it is in conformance with the Code. She stated that the ordinance would repeal Special Exceptions rendering them non- conforming uses since they were legal at the time but are no longer and would be grandfathered -in. Also, in the City ordinances Non -Conforming Use, under Section 110- 200, addresses a special permitting process that allows a person or an entity to come before the Council to seek re -building a non -conforming structure and this could occur on a case-by-case basis. Mayor Pro Tem Hoog expressed that the City would have a difficult time explaining to current owners that they could not rebuild in the same manner. Building Official, Todd City Council Regular Meeting September 19, 2006 Page 5 of 11 Morley, informed that there was a time period (18 months) before the property would revert back to the original zoning. Mayor Pro Tem Hoog reminded that there are people still waiting to re -build their homes after Hurricane Katrina. He asked for clarification within the proposed ordinance in order to protect the property rights of the existing residences. Attorney Latorre explained that there are provisions for special circumstances if the residential use was not detrimental to the surrounding community. She urged the Council to revisit the non -conforming use code. Attorney Latorre explained further that the Council could address Mayor Pro Tem Hoog's property rights concerns during discussion on non -conforming use section. Mr. Boucher brought out that discussion on the non -conforming use section would occur first at the next City Council meeting before the final reading on Ordinance 11-2006. Mayor Randels concluded that it was not the Council's intent to disallow re -building a residence based on a certain use if it were destroyed. Mr. Roger Combs asked when the non- conforming use discussion would occur. Mayor Randels replied at the next City Council Regular Meeting on October Td A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve Ordinance No. 11-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 9. Vacation Rentals. Todd Morley, Building Official, distributed information that he researched this matter and telephoned all beach communities with exception of two. Mr. Morley explained that in Brevard County a Department of Business and Professional Regulations license indicates commercial activity and violators come before their Special Master. The County also requires a Brevard County occupational license to operate vacation rentals. Rentals that are longer than 90 days are not a resort dwelling. He stated that regulation begins at the point of establishing if the property is a resort dwelling such as: multiple turn over in vehicles and people, advertising and if the property is homestead. Mr. Morley informed that the County addresses on a per complaint basis. In the City of Cocoa Beach, they use affidavits from eyewitnesses for evidence to prosecute. Vacation rentals are prohibited in residential zoning and they have included the State's provision on transient lodging in the City code. Permanency such as having a local job helps to identify if the person dwells in a vacation rental. Rentals cannot occur more then three times per year. Mr. Morley stated that the City of Cocoa Beach will take its violators to the Code Enforcement Board. There are some grandfathered properties; however, the properties are required to be licensed. Mr. Morley stated that detection was difficult once a property came under observation. In Indialantic, the one owner found was instructed to desist and at once complied. Indialantic will not allow an occupational license for vacation rentals in a residential district, however Mr. Morley City Council Regular Meeting September 19, 2006 Page 6 of 11 stated that there is a designated tourist district that allows vacation rentals. He stated that Satellite Beach has no transient occupancy regulation. In Satellite Beach some condominiums were used for vacation rentals; however, no occupational licenses were issued for vacation rentals in the residential district. Mr. Morley received no response to his inquiry from Indian Harbour Beach or Melbourne Beach. Mr. Morley explained that under the County regulations if there is an occupational license then the case is closed. Observations were made for a period of less than 90 days and the burden of proof was on the County to establish if a vacation rental exists. If evidence of a rental property is established, then the case proceeds to Code Enforcement. He then read the definition of a "resort dwelling" a single- or multi -family structure that is advertised, rented or subleased for a period of less than 90 days, and rental periods for over 90 days are not part of this definition. Resort dwellings must have an Occupational License. Mayor Randels initiated discussion on what constitutes a business. Mr. Petsos referred to a letter submitted on September 19th from a Mrs. Evelyn Bush of 415 Jackson Avenue. In summary, Mrs. Bush addressed the security issue with a transient demographic next to her home. Mrs. Joan McCluney, of 219 Johnson Avenue, informed that rentals began when the adjoining property was purchased by a gentleman from Orlando. She related how rentals are advertised on the Internet. Mrs. McCluney expressed how the situation was not safe for her as a resident. When she inquired of City staff on how to take action, she was told to get photographs and seek civil relief. Ms. McCluney stated that she did not seek out local law enforcement in fear of retaliation and concluded with how the trash piles up when the tenants leave the property. Mr. Morley replied to Mayor Randels that City staff has had some limited success in identifying those properties that rent for less than seven days with a telephone call. Mr. Petsos emphasized that most residents feared to call law enforcement due to possible retaliation. Mr. Ross McCluney, also of 219 Johnson Avenue, stated that a resident was at risk attempting to take photographs. Council agreed and expressed that fear of retaliation would exist. Mr. McCluney asked if the Brevard County regulation was predicated on all or one of Mr. Morley's listed criteria. Mr. Morley re -read the list and concluded that all criteria appeared to carry equal weight. Mrs. Gibson of 413 Jackson Avenue stated that the trash can remained outside from week to the next. She related that there are more cars than are adequate for the unit. Mrs. Gibson took photographs and concluded that she kept her premises secured due to the transient demographic. Mr. Bruns called for a 90 -day minimum of rental time. Mayor Pro Tem Hoog asked if an ordinance were enforceable on multiple person occupancy. Ms. Bea McNeely, Planning and Zoning Board Chair, informed that the Board's discussion ended without any specified definition on occupancy. Attorney Latorre stated that a family is defined in the City code as "a person or group of persons related to each other by blood or marriage, or a group of not more than four adults living together under one roof." Mayor Pro Tem Hoog pointed out that a definitive tool does not yet exist to regulate the 90 day issue; City Council Regular Meeting September 19, 2006 Page 7 of 11 however, residents could call regarding the number of persons in a unit. Mr. Boucher explained that he had no problem with Code Enforcement notifying the owner based on the number of residents occupying the unit since the only other remedy was to issue a Civil citation. Mr. McCluney stated that a need for regulation still exists after the time to address the violation has expired. Mayor Randels explained the properties could be addressed based on a three violation process. Mr. Petsos responded to Mayor Randels that no occupational license exists to operate such rentals. Mr. Boucher suggested notifying the Department of Business and Professional Regulations Hotel/ Motel Division to enforce Florida Statutes Section 509 for operating these facilities. He recommended that the Building Official contact a representative from this Department for a coordinated effort. Attorney Latorre explained that legal counsel is monitoring a lawsuit with Brevard County. She informed that in some municipalities an inspections procedure was more effectively used than a ban. She stated that the number of persons per residence provision established in the City code could be regulated through Code Enforcement. Mr. Petsos suggested regulation on the number of vehicles. Attorney Latorre informed that local government regulation under State Statutes would only apply to four units or less. Mayor Randels listed the types of dwellings under those regulations as: single-family residences, duplexes, and townhomes, tri- and four-plexes. Ms. McCluney asked if the existing operations would be grandfathered -in. Council did not agree with grandfathering -in an operation that was not identified as a licensed business. Mr. Boucher clarified that the City Attorney would draft an ordinance for the Planning and Zoning Board's review that would not allow for rentals of 90 -days or less in properties of less than four -units. Mr. Morley replied to Ms. McNeely that he did not see a need for an additional Code Enforcement Officer to assist with regulation at this time. REPORTS: 1. City Manager • Mr. Boucher reported that the Treasure Island Lift Station rehabilitation was delayed. • Mr. Boucher would meet with Keep Brevard Beautiful and the Hotel/Motel Group on the trash receptacles on the beach. • Mr. Boucher referred to an e-mail from the Building Official for the Community Appearance Board regarding a CVS Pharmacy in the City. • Mr. Boucher related that Mr. Morley presented his findings to the Planning and Zoning Board on liquefied petroleum. Council members expressed that they did not agree with individual meetings with the legal counsel for Coastal Fuels. Mr. Boucher stated that a suggested code amendment was forthcoming. • Mr. Boucher informed that he would meet with the representative from the Architect Design Group on Thursday. City Council Regular Meeting September 19, 2006 Page 8 of 11 • Mr. Boucher announced the Final Budget Hearing on Monday, September 25th. He stated that the City received an insurance quote on the General Liability; however, the City Treasurer prepared for the increased renewal rate. • Mr. Boucher reported that the bar screen and reuse pumps were repaired at the Water Reclamation Plant. Mayor Randels asked that Treasure Island Club be notified on the delay in the Lift Station rehabilitation. • Mr. Boucher informed that staff is preparing to place their new Budget items on the next City Council meeting agenda. 2. Staff Building Official • Mr. Morley reported that he had submitted a checklist for the International Property Maintenance Code. Council could return their lists to him at any time. • Mr. Morley announced that Cape Caribe submitted an expansion project site plan. • Mr. Morley received a request from Mr. Randy May regarding his buffer. The Building Official referred to the development agreement provision that called for a buffer and related that Mr. May asked if he could use 40 -foot by 8 -foot tall storage containers as a buffer. Mayor Pro Tem Hoog informed that the containers, which are already in use, were in violation. • Mr. Morley reported that he received a letter from Mr. Mark Peters on behalf of Mr. Rudy Hardick. Mr. Peters related that he sent a request to Ms. Tina Swanson of Brevard County Department of Natural Resources to identify if any petro -chemical storage tanks exist at the site. City Clerk • Ms. Stills reported that the Group Health Benefits proposals would appear on the first City Council Meeting in October. There was an anticipated decrease in costs based on a change of medical coverage carrier. City Attorney • No report. AUDIENCE TO BE HEARD: Mr. Ray Osborne reported that Brevard County drafted an ordinance for mixed- use zoning. He announced a potential luncheon on either October 12th or October 19th on that subject. He announced a breakfast meeting at the Wakulla Motel on Thursday morning at 8 A.M. with Geo Ropert of Lead Brevard. • Mr. Osborne also announced a meeting on Thursday, September 21St on Mr. Kip Wagner and the Museum of Sunken Treasures. He questioned if the City had any protocol on placing historical markers and asked if there were any interest in placing a marker on the museum's current site. City Council Regular Meeting September 19, 2006 Page 9 of 11 Ms. Shannon Roberts asked if the public would be noticed of the upcoming meeting with Coastal Fuels. Attorney Latorre explained that she discouraged individual meetings with the Council as asked for by the attorney for Coastal Fuels given the magnitude of the issue and she encouraged a public meeting. Attorney Latorre explained that any meeting with Coastal Fuels would be by Agenda and noticed to the public. • Ms. Roberts also inquired about the Ron Jon Regional Developmental Impact Study. Mr. Boucher reported that he spoke with Stan Payne who informed that negotiations are in their ninth month. Mr. Boucher anticipated a reply from a public records request from the Department of Community Affairs. • A resident asked if the Ridgewood Avenue project would proceed to the City limits and north to Central Blvd. and to the half -block south on Johnson Avenue. Mayor Randels replied no regarding the north end portion of his question and he said that the south end of the project would extend only half a block on Johnson Avenue. Mr. Boucher would bring the half block to the engineer's attention for a more efficient bike-pedway design. The same resident asked if there were a trash receptacle on Ridgewood Avenue. Mr. Boucher would follow up with staff. 3. City Council Mr. Bruns • Mr. Bruns questioned the current status of Banana River Park. Mr. Boucher reported that a final inspection on the parking lot was in order. Mr. Petsos commented on the uneven nature of the field. Mr. Boucher would pass the observation to the Engineering staff. • Mr. Bruns commended Attorney Latorre on her response to Attorney Rick Torpey on his request to meet individually with City Council members. Mr. Nicholas • Mr. Nicholas asked to redesign the lettering on the City entrance sign and move up the City of Cape Canaveral name by removing the words "Welcome To. Mr. Petsos Mr. Petsos asked for a status report on Waste Management. Mr. Boucher reported that he would meet with their staff every Thursday to address any prevailing issues. Mr. Boucher reported that he submitted a $470 fine letter due to the firm's failure to perform on the contract. Mr. Petsos reported that the Florida League of Cities has Councils now instead of committees. Mayor Pro Tem Hoog serves on Home Rule and he serves on Urban Planning. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported that the Home Rule Council reviewed five priorities saying that transportation and homeowners' property insurance cost were its priority matters and these would also be discussed in the City Council Regular Meeting September 19, 2006 Page 10 of 11 November session. Lee Feldman, author of the Fair Share ordinance, was also the key speaker. A local ordinance would be adopted by December 1. • Mayor Pro Tem Hoog brought out his thoughts on some possible mixed-use projects and expressed that there were two potential properties. Ms. Betty Gould expressed favor with the idea for her property and Mr. Ali Tezel also expressed an interest in a mixed-use project. • Mayor Pro Tem Hoog announced a Space Coast Condominium Association Meeting on Saturday, September 23rd at 9:00 A.M. at the Holiday Inn in Cocoa Beach in which Mr. Bruce Douglas, Chairman of the Board for Citizens Insurance, is the keynote speaker and Mr. Nathan Miller of the Public Comprehensive Hurricane Damage, Mr. Phillip Harris, Regional Director of Department Financial Services and Lou Barone, Chairman of the CAI Florida Legislative Alliance. Mayor Pro Tem Hoog stated that he could not be there and he encouraged any interested persons to attend. Mayor Randels replied that he would attend. Mayor Pro Tem Hoog planned to take the information with him to the League Conference in November. Mayor Randels • Mayor Randels reported on the Cocoa Beach Jr./Sr. High School Feeder Chain Meeting on Monday, September 25th which is time for review of new students from Roosevelt and Cape View students. • Mayor Randels announced his final meeting with Ron Pritchard. He asked the Council about the desired number of anticipated parking spaces at Cherie Down Park. Mr. Boucher informed that each District Commissioner had discretionary funds that could be used to acquire the parking spaces at Cherie Down Park. • Mayor Randels announced an Institute for Community Housing meeting on Friday, October 13th. Mr. Boucher announced that the Planning and Zoning Board Members as well as the Business and Cultural Development Board members were also invited. Mr. Petsos requested information to deliver to the Urban Council. • Mayor Randels reported on a Florida Today article wherein 89 percent of callers in a survey said that Brevard County has a better quality of life. • Mayor Randels asked for consensus in ordering a larger number of legislative information pamphlets from the League of Women Voters. Mayor Randels pointed out the frequent use in the City welcome packets and public information racks. • Mayor Randels reported that he met Ms. Susan Clemmons, the new Director for the Freedom 7 Senior Community Center. The Center has 400 members on their mailing list and 120 are in Cape Canaveral. There goal is increased membership and a new location. • Mayor Randels also commended the City Attorney's office for their response to Mr. Torpey. • Mayor Randels reported that the "Think Green" grant would provide new trash receptacles on the beach. He related that Waste Management awarded the City City Council Regular Meeting September 19, 2006 Page 11 of 11 $10,000 toward this project with an anticipated match from Keep America Beautiful. • Mayor Randels expressed his favor with the North Atlantic Avenue road widening. Mayor Randels reported on a Fiscal Stewardship meeting and related discussion on the group's goal to determine the impact of "Save Our Homes" on property taxes. Mayor Randels reported on a newspaper article reading that the State would purchase the Thousand Islands in Cocoa Beach with Environmentally Endangered Lands funding. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:50 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY July 31, 2006 5:30 P.M. MINUTES CALL TO ORDER: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate LaTorre City Clerk Susan Stills City Treasurer Andrea Bowers RESOLUTION 1. Motion to Adopt: Resolution No. 2006-25; Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for FY 2006/2007. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2006/2007 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read Resolution No. 2006-25 in its entirety. 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 City of Cape Canaveral, Florida City Council Special Meeting Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes July 31, 2006 Page 2 of 4 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 3.0000 mills on the dollar of taxable value for the 2006/2007 fiscal year for the City of Cape Canaveral, Florida. This millage is a 34.19% increase from the rolled back rate of 2.2357. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special_District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2006 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and City of Cape Canaveral, Florida City Council Special Meeting Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes July 31, 2006 Page 3 of 4 is to be used for the City's fiscal year beginning October 1, 2006 and ending September 30, 2007. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.0200 mills for Fire/Rescue Service Genera l_Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.5620 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 6. This Resolution shall become effective immediately upon its adoption. Mr. Petsos clarified that an additional meeting would be held to review the Fire and Emergency Services and the Law Enforcement Budgets on August 15th. Mayor Randels requested a synopsis from the City Manager of the projects for the upcoming budget year. Mr. Bruns expressed that the City's millage rate should remain as is in order to address any future needs. Mayor Randels noted that the City does not provide health insurance for employee dependents and a Request for Proposal was sought for health coverage. However, when Brevard County requested proposals their premiums City of Cape Canaveral, Florida City Council Special Meeting Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes July 31, 2006 Page 4 of 4 increased by $2,000. Mr. Art Berger questioned the City's property/ liability insurance rates. Mayor Randels informed that the City's premiums increased by 100 percent. Mr. Berger pointed out the number of hotels and eliminated wind and storm coverage due cost. Mr. Berger questioned which roads would be paved. Mayor Randels replied the Presidential east/west streets. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2006-25. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned this meeting at 5:50 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY July 31, 2006 Immediately Following the 5:30 P.M. Special Budget Meeting MINUTES CALL TO ORDER: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate LaTorre City Clerk Susan Stills City Treasurer Andrea Bowers SITE PLAN: Motion to Approve: 400 Imperial Boulevard Site Plan Office Building and Mini -Warehouse, Applicant William Mays. City Council approved by a vote of 4-0 on the Site Plan for 400 Imperial Boulevard for an Office Building and Mini -Warehouse. The vote carried as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 5:52 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 29, 2006 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the meeting to order at 5:30 P.M. Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Clerk Susan Stills Fire Chief Dave Sargeant ORDINANCE: Second Public Hearing: Motion to Adopt: Ordinance No. 12-2006, at Second Reading. Mayor Randels stated for the record that the ordinance was duly advertisement and First Read on August 15tH Mayor Randels read Ordinance No. 12-2006 by title. An Ordinance of the City of Cape Canaveral, Florida, Providing for a Referendum Election and Ballot Language for the November 7, 2006 General Election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's Charter by Deleting the Charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a Charter Provision that Requires a Duly Noticed Public Hearing before the City Council Formally Commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for Coordination with the Supervisor Of Elections; Severability; And An Effective Date. City of Cape Canaveral, Florida City Council Special Meeting August 29, 2006 Page 2 of 2 Mayor Pro Tem Hoog inquired if Chief Sargeant had spoken to the Board of Directors. Chief Sargeant stated that if the City passed the referendum and there is a value left on the property to which ownership would convey through a legal document. He informed that purchasing other property was considered; however, the question came out of how to utilize the existing property. Mayor Pro Tem Hoog expressed his concern with binding the City to the Fire Department Corporation. Chief Sargeant replied that the Board's main concern was remaining at the existing site. Mr. Petsos expressed his concern with the language calling for a duly noticed public hearing before the City Council commits to building or acquiring a Fire Station. He stated his preference to keep the language simple. Mayor Pro Tem Hoog explained that this provided for disclosure of due process to the public. Mr. Nicholas stated that the City Attorney would take responsibility for defending the language. There was no public comment. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to Approve Ordinance No. 12-2006 at second reading. The vote on the motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, a motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to adjourn the meeting at 5:44 P.M. Motion carried unanimously. Rocky Randels, MAYOR Susan Stills, CITY CLERK K:ACityC]k\Minutes\SPECIAL\2006\08-29-06_Ord 12-06.doc CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 5, 2006 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the meeting to order at 5:31 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Members Absent: Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Recreation Director Commander RESOLUTION: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Burt Bruns Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Nancy Hanson Doug Scragg, Canaveral Precinct 1. Motion to Adopt: Resolution No. 2006-29; Adopting the Tentative Millage for Fiscal Year 2006/2007. Mayor Randels read Resolution No. 2006-29 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2006/2007 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Special Meeting September 5, 2006 Page 2 of 5 Mayor Randels read the Resolution in its entirety. 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 3.0000 mills on the dollar of taxable value for the 2006/2007 fiscal year for the City of Cape Canaveral, Florida. This millage is a 34.19% increase from the rolled back rate of 2.2357. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This tentative ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. City of Cape Canaveral, Florida City Council Special Meeting September 5, 2006 Page 3 of 5 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .0500 mill for the Library Dependent Special_District, as approved in the 1985 referendum election. This tentative ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of 1.0200 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of 1.5620 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 6. This Resolution shall become effective immediately upon its adoption. City of Cape Canaveral, Florida City Council Special Meeting September 5, 2006 Page 4 of 5 Mr. Petsos questioned an E-mail that was sent from the Sheriff's Department regarding a return of $150,000. Commander Scragg replied to Mr. Boucher that the funds were close to return. Mr. Petsos expressed that a tax relief might be forthcoming with that return. Mayor Randels approximated that $150,000 might calculate to '/4 mil on the dollar. Discussion followed on two replacement vehicles and stated that the $150,000 could be used to purchase and outfit the two replacement vehicles. A motion was made by Mayor Pro tem Hoog and seconded by Mr. Nicholas Tem Hoog to Adopt Resolution No. 2006-29. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCE: First Public Hearing: 2. Motion to Approve: Ordinance No. 14-2006: Adopting the Annual Budget for Fiscal Year 2006/2007, at first reading. Mayor Randels read Ordinance No. 14-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; PROVIDING FOR AN EFFECTIVE DATE. Ms. Bowers stated that the First Public Notice is prepared prior to release of the tax bill and a full page display ad is prepared during the week of September 17tht prior to the Second Public Hearing. Mayor Randels read the ordinance in its entirety. 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 Runds, 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, 2005, and ending September 30, 2007, are hereby approved and adopted. City of Cape Canaveral, Florida City Council Special Meeting September 5, 2006 Page 5 of 5 Section 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of September, 2006. Mayor Randels noted that the replacement vehicles for the Sheriff's Office were the only changes. Mr. Boucher explained that no changes were anticipated reimbursed funds from citations. Ms. Bowers stated the Fines and Forfeitures were increasing somewhat. She reminded that open container violations were more costly to prosecute. The fee is $100 per hour for the State Attorney's Office to prosecute. Commander Scragg replied to Mayor Pro Tem Hoog that violations incurred in the County were not reimbursed to the City. Discussion followed on the legislative action that concluded with the municipalities funding the State court system. Ms. Bowers stated that the Florida League of Cities addressed the Legislation on this matter but to no avail. A motion was made by Mr. Petsos and seconded by Mayor Randels to adopt Ordinance No. 14-2006 at First Reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:01 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY September 25, 2006 5:30 P.M. MINUTES ROLL CALL - Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Members Absent: Council Member Leo Nicholas Others Present: City Manager Bennett Boucher City Clerk Susan Stills City Treasurer Andrea Bowers Fire Chief Dave Sargeant, Cape Canaveral Volunteer Fire Dept. Commander Doug Scragg, BCSO, Cape Canaveral Precinct RESOLUTION: 1. Motion to Adopt: Resolution No. 2006-36 Adopting the Final Millage for Fiscal Year 2006/2007. Mayor Randels read Resolution No. 2006-36 by entirety. 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 2006/2007 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City Council Special Meeting Minutes Adopting the Final Millage and Annual Budget for FY 2006/2007 September 25, 2006 Page 2 of 6 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 3.0000 mills on the dollar of taxable value for the 2006/2007 fiscal year for the City of Cape Canaveral, Florida. This millage is a 34.19% increase from the rolled back rate of 2.2357. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. City Council Special Meeting Minutes Adopting the Final Millage and Annual Budget for FY 2006/2007 September 25, 2006 Page 3 of 6 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This ad valorem tax shall be levied upon the 2006 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, 2006 and ending September 30, 2007. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.0200 mills 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 2006 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, 2006 and ending September 30, 2007. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.5620 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 2006 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, 2006 and ending September 30, 2007. Section 6. This Resolution shall become effective immediately upon its adoption. Mr. Petsos stated that he reviewed the idea of reducing the taxes; however, the amount would not be of significant benefit. Mayor Randels explained for a resident present in the audience that the transportation funding would address street paving that has been set aside in previous years. Mayor Prom Tem Hoog City Council Special Meeting Minutes Adopting the Final Millage and Annual Budget for FY 2006/2007 September 25, 2006 Page 4 of 6 commented on the $150,000 returned from the funds appropriated for the Sheriff's Office. Commander Scragg affirmed that any remaining funds would be returned to the budget. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2006-36 Adopting a Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2006/ 2007. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 2. Motion to Adopt: Resolution No. 2006-37; Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services. Mayor Randels Resolution No. 2006-37 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated the Agreement cost as $1,151,585 that included two additional staff positions. Mr. Boucher informed that the capital funds of $28,500 would change; whereby the Department would make the purchases and invoice the Port and the City. Ms. Bowers stated that $15,000 was added to the contract for the training facility which was taken from Contingencies. Chief Sargeant informed that he anticipated $36,000 in reimbursement from the County for Emergency Services. Mayor Randels questioned the Fire Tax Penalties for $1,100. Ms. Bowers affirmed it as a late tax penalty that could be found in the .369 area of Revenues. Mayor Randels noted that the City's portion of the training center was considerably smaller than the Port; however the City gained a large benefit. Chief Sargeant informed that training benefits are experienced nationwide. He concluded that he planned to include three additional positions, between the Port and the City, to operate the ladder truck per shift for a total of six new staff. Chief Sargeant informed that he was waiting to hear from citizens on the Referendum as well as the architects on the new facilities design. Mr. Boucher informed that the same architect is developing options for the City Hall campus plan. Mr. Petsos requested to view only feasible options on the City Hall plan. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve#tesolution No. 2006-37 Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services. The vote City Council Special Meeting Minutes Adopting the Final Millage and Annual Budget for FY 2006/2007 September 25, 2006 Page 5 of 6 on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 3. Motion to Adopt: Resolution No. 2006-38; Authorizing an Addendum to the Agreement for Law Enforcement Services. Mayor Randels read Resolution No. 2006-38 by title. 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. Mayor Randels stated the Agreement cost as $2,630,870 that included two new deputy positions. This is the first renewal of the existing contract. Commander Scragg informed that he anticipated two additional vehicles that would increase the request from four to six vehicles. Mayor Randels asked about the 24-hour service. Commander Scragg noted that the staffing was reduced from five to three positions for the requested 24-hour desk. Lt. Jeff Ludwig stated that the desk is staffed excluding the hours of 2:30 A.M. to 7:00 A.M. Mr. Petsos reminded that the residents were requesting higher visibility from the officers. Commander Scragg responded that the precinct is active and the Council is forwarded police reports. He stated that he believed in Mr. Petsos's philosophy of higher visibility and the precinct is committed to acting on it. Commander Scragg affirmed to Mayor Pro Tem Hoog that the officers enter the gated communities since the codes are available. He replied to Mayor Randels that the Department is adequately staffed. Commander Scragg explained that while there is no crime in being homeless, the intent to address the homeless population is to offer alternative locations and to deter the potential for criminal activity. He reported that the Department's perspective is zero -tolerance for violators Driving Under the Influence. Commander Scragg explained that resources are shared, such as Special Operations, among law enforcement jurisdictions. Discussion followed on law enforcement in Avon -by -the -Sea and the changing demographic. Ms. Shannon Roberts, 703 Solana Shores Drive, #501, stated that from her perception law enforcement was visible in the gated communities and also along the North Atlantic Avenue artery. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve Resolution No. 2006-38 Authorizing the Addendum to the Agreement for Municipal Law Enforcement Services. The vote on the motion carried 4-0 City Council Special Meeting Minutes Adopting the Final Millage and Annual Budget for FY 2006/2007 September 25, 2006 Page 6 of 6 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCE: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 14-2006: Adopting the Annual Budget for Fiscal Year 2006/2007, at Second Reading. Mayor Randels read Ordinance No. 14-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Hoog asked if there were any future plans for an underground lift station at Treasure Island Condominiums. Mr. Boucher replied that this could be placed in the Five -Year Capital Improvement Plan. Discussion clarified that the Public Works Director desired to test the success of the new improvements first. Mayor Pro Tem Hoog requested and Mr. Petsos agreed to budget this for an underground station in upcoming years. There was no public comment. A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve Ordinance No. 14-2006 Adopting the Annual Budget for Fiscal Year 2006/ 2007. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:23 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Consent Item 6 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-39, APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-39, appointing Andrea Rice as a regular member of the Beautification Board. Summary Explanation & Background: Her term will expire on 11-01-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-39 City Mana r%s Mee Department LEGISLATIVE / O ca ape\mydo ume s n council\meetin 006\10-03-06\2006-39 doc RESOLUTION NO. 2006-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181(a) created a Board known as the Beautification Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Andrea Rice is hereby appointed as a Regular Member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on November 1, 2009. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of October, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Leo Nicholas Susan Stills, CITY CLERK Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY MEMO TO: Bennett Boucher, City Manager FROM: Ed Gardulski, Director of Public W rk SUBJECT: Beautification Board Applicant, Andrea Rice Interview Council Agenda September 5, 2006 DATE: August 10, 2006 The Beautification Board interviewed Ms. Andrea Rice on August 8, 2006. The Board motioned to recommend to City Council the appointment of Ms. Rice as a regular Beautification Board Member. Please place this request on the City Council Meeting Agenda for September 5, 2006. If you have any questions please call the Board Secretary, Cathy Hardy. Cc: Susan Stills, City Clerk 0 Page 1 -- CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. 9 Home Address: `3 70`2- katir bo r D y-.. Cape,Can �, FL Home Telephone: 3 0-1, l- 7 0 t- T q 4. Occupation: 5. Business Telephone: 14 — 0 ;1 &c 6. Business Address: Iv, (!(f ` F7 . B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)_X, (N) (Y)_Z (N) (Y)(N)—K (Y) (N) (Y)(N) 5. City ordinance requires =that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)— �— (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (lr)(N) 6b. C. 1. 2. If yes to 6a, please provide name(s) of person(s) and relationship to you: I NTERESTSIEXPERIENCE your interest in serving on a gity advisory board of committee: vi iotl elf, G ar eh%•—,6 �x✓tDCS C -0-01"r. Briefly state any prior experiences in serving on any governmental board or committee. 4 D 0 �r' 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or co avv -+V ©L✓- Ct s !X✓ - c Is rte PrP T_ lite_ c2�c-q ur G 0 n-1 14- ,rtee CA -1, v 4. In numWcal sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 1 Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. 3 Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American_ Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: /���1✓ /�� Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue it; Cape Canaveral, Florida 32920 ;~ For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY OF CAPE CANAVERAL BEAUTIFICATION BOARD REVISED 01/12/06 Board Meets 2nd Tuesday 7 Regular and 2 Alternate Board Monthly in Annex at 7pm Members per City Code 2-181&2-171(m) Three Vacancies MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON ANDREA SCHAFFNER (H) 868-3088 02-15-05 (Reg) 11-01-07 506 TYLER AVE 05-18-04 aschaffner@cfl.rr.com VICE CHAIRPERSON MARY JO LAWS (H) 783-9548 10-21-03 11-01-06 232 CIRCLE DR (W) 867-9641 11-20-01 Jojoblu232@aol.com 01-18-00 (Reg) 11-16-99 (Alt) 01-03-06 11-01-08 MARTHA CARROLL (H) 799-3538 10-21-03 112 WASHINGTON 11-01-00 Martha. carroll a@partrick.af.mi1 10-20-98 ELIZABETH MARS (H) 783-6990 10-19-04 11-01-06 430 MADISON AVE (C) 243-3789 11-19-02 jmars@cfl.rr.com 06-20-00 (Reg) 05-02-00 (1st Alt) PAULA COLLINS (W) 853-5581 10-21-03 11-01-06 8708 BAY CT (H) 784-8256 05-18-01 (Reg) BCollinsl9@cfl.rr.com 09-06-05 (Reg) 11-01-08 JUDY HALE (H) 783-4246 02-15-05 (1st Alt) 110 WASHINGTON AVE 10-19-04 kepfit@juno.com 11-19-02 05-02-00 (Reg) One Member Vacancy Two Alternate Vacancies Meeting Type: Regular Meeting Date: 10-03-06 AGENDA REPORT AGENDA Heading Consent Item 7 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-40, APPOINTING A REGULAR MEMBER 'I'O THE BUSINESS AND CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-40, appointing Dianne Marcum as a regular member of the Business and Cultural Development Board. Summary Explanation & Background: Her term will expire on 06-01-2008. I recommend approval. Exhibits Attached: Resolution No. 2006-40 City Mana 'Office -' Department LEGISLATIVE e / l IVA c�unc.Ll\meeting\2006\iV-V3-U6\2006-4O.doc RESOLUTION NO. 2006-40 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Dianne Marcum is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of October 2006. ATTEST: Rocky Randels, Mayor For Against Susan Stills, City Clerk Approved as to Form: Burt Bruns Robert Hoog Leo Nicholas Buzz Petsos Anthony Garganese, CITY ATTORNEY Rocky Randels IL City of LI eLi .ave�n', Memo To: Susan Stills, City Clerk Cc: Bennett Boucher, City Manager From: Ed Lawson, Secretary, Business and Cultural Development Board Date: 9/8/2006 Re: Prospective Regular Member and I" Alternate to B&CDB Susan/Bennett, On September 6, 2006, the members of the Business and Cultural Development Board interviewed Ms. Dianne Marcum and recommended that she now be interviewed at the September 19, 2006 City Council Meeting for appointment as a Regular Member to the Business and Cultural Development Board. Also, recommend that Mr. Gene Vlahovic be appointed as 1" Alternate Member to the Business and Cultural Development Board. Mr. Vlahovic has already been interviewed by council and was not appointed because the board already had 25% non-resident members. Since his interview, the 2 non-resident members (Mr. Craig Smith and Ms. Beth Foy) have resigned from the board which makes Mr. Vlahovic now eligible for appointment to the board. Respectfully, CA Ed Lawson Secretary, Business and Cultural Development Board 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 " www.mvflorida.com/cap Sent By: Magnetic; 813 865 8872; Aug -17-06 12:iiPM; Page 2f5 CITY OF CAPE CAUVERAL APPLICATION FOR APPOINTMENT TO CITY ADVt90RY BOAM 1•�"'.-- Pumuant to creation Z 171,.Caps Canaveral Codi RIVE City Code roquinn prospective and etsting bosh members to fill outfroCk Code also prohibb a Parson m serving on a City 8oerd or Committee I pe�ld6 !-h— convicted convicted of a felony, unletheir civil rights have been restored. Please complete ft fallowing in the space provided: L _�u gi I-/-/ o il�' . A. Gl9*RAI_ 1. Applicant Name: �f 400CRRE.�t+i►t'1 2_ Home Address: SJLQI Al. -BAWA00 �l r VFJL 1$06- Ad 953 • 3. Home Telephone: 0 7 S► 4. f cupetion: If e"AEa � N/,t irCA. 5. Business Telephone - 6. Businsm Addms: _ S. ELKWHUTY The inkaTwtion provided in this secdcmi is for purposes of detennnM whether you are sligg" to serve on a City advisory board or oomn t w. 1. Are you duly registefed to vote M Brevard CmW 2. Haus you been a reskkmt of the City of Capo Can t rwsl far 12 fiK nOw or kwVef 1 (Y)__]( (N) 30. Have you ever been convicted or found guilty. regardless of � ry; vF alely'.in arty k im? Any Om of nolo conterxbre (no cornfsat) Shad be oonsidwed a (Y) (N)--Y- con% k bon for purposes of this Question. 3b. if ye* ro 3s, haus your civil rights been restored? (Y) (N) 4a. Do you preswdly sows on any other City of Cape (N)__)( Ca Wwral advisory board or commfte? (Y) 4b. if yes to Ott, please fist seclx - Sent By: Magnetic; 813 866 8872; Aug -17-06 12:12PM; Page 3/5 6. City ordinance requires that aN persons applying for a City advisory board or commifte must vclunttuily consent to a standard criminal background check before being 4A appointed to a board or committee. W you vokff*v ly initials conaent to having a standard background check performed on you by the City of Cape Canaveral? (Y) -IL (N) 6a. Are you rete W to a City of Cape Canaveral Council nwniber by blood, adoption or 2 m (N)_X- ft. it yes to ea please provide names) of person(s) and relationship to you: C. INTERESTSIEXPERENCE 1. Briefly state yoke interest in serving on a City advisory board or committee: 2. Briefly state any prior experiences in sming on anygovemmntai board or committee. 4 �vef.,l�.r al�+� GKD fir: a���.. _ G +►, �o� : Nes f ok 460 3. 4. Gar�f' Cn*ftd.`Efw4'�*e.:_-ftr4 t -JA i,iYs=•t - ow46WAat!b K!$ Please list any specialized sm and training (e.g., am hoot, engineer, general con"cior, etc.) that you feel help to qualify you for mernbersthtp on the desired board or irical sequence (1 = most in ee on %*Vch you wish to sews: a. LI w t Ji//j%LQi •n t nA*% advisory bon b. ..,, Board of A4ustmw r c t Business and Cultural oeveloprtrent Board I Code Erttoroernent Board' e.,+ Cornrnurinty appearance Board' ConstnJction Board of Adjustment and Appeals' 9_ wry Board h. Pl mWq and Zoning Board' L Recreation Board J. m Other g►,-t/r J,''O%- r%'.CVjPrVV or Wembers of How boat* are tequlred to coawhWe and So with the Supervisor of Elechons a F#mwm l Dhwomm form upon appointrJfsW to said board mW prior to July 1 of each year fOAbwkV N* IrnIW aprpofvr Fm* WAD 50 a mwnW of said board Sent By: Magnetic; 813 866 8872; Aug -17-06 12:12PM; Page 4/5 D. STATE REPORTING REQUIREMENTS. Section 7M80, Flonda Shafts, requires VW the City arwmally m6md a report to the Secretary of Stift diWosing raw, gender and physical disabilities of board and convnitlee members. Please check the appropriate boxes: RACE GENDER Male Asian -American Female Hispanic -American Not Known Native American — k - Caucasian Not hown Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE FORMATION PROVIDED HEREIN 18 TRUE AND ACCURATE TO THE SEST'OF YOUR KNOWLEDW, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112311-.326, FLORIDA STATUTES] AND THE FLORIDA --SUNSHIM LAW- [SECTION 2811.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF auO DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • InfW appointrnent to any City board is wAod to City Council approval follow" a b" art w" before the City Comwif at a rqpftrly 8dwdLA9d nn ft- • Your, appkalion will remain offectme for one yew from dw dab of conViedon. • If yoU should have any questions rogwd#V to carvVietion of this application, p"" contact the City. Clark's OMmet(321)SSS-122i. Signature: ICIf Lit. Date. A 0 00 (a Please return to: City of Cape Canaveral Office of the City Ck1fk 106 Po* Avervis Cape Canaveral, FkNide 328x20 Sent By: Magnetic; 813 866 8872; Aug -17-06 12:13PM; Page 5/5 For OfFios Use Only: Dat* Appok,bed: AppoWded by: @Dafd Appamted tD: Tem Expw", CITY OF CAPE CANAVERAL BUSINESS AND CULTURAL DEVELOPMENT BOARD REVISED 09/06/06 Board Meets 3rd Wednesday 5 Regular/2Alternate Member Board Monthly in Annex at 7pm Serving Three (3) Year Terms under 3 Vacancies City Code Sec 2-171(f) MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON JOHN ANDERSON (H) 784-1607 06-07-05 (Reg) 06-01-08 8106 Presidential Court 04-19-05 (1st Alt) johnandersoniesc@yahoo.com 01-04-05 (2nd Alt) C. SHANNON ROBERTS (H) 784-3334 03-21-06 (Reg) 06-01-08 703 Solana Shores Dr., #501 (C) 615-1855 08-16-05 (1st Alt) csroberts@cfl.rr.com DARRELL PETERSON (H) 784-4097 04-18-06 (1st Alt) 06-01-09 703 Solana Shores Dr., #202 (C) 917-8379 08-15-06 (Reg) petersdp@peoplepc.com ALISON SPIESMAN (H) 868-4410 06-20-06 (2nd Alt) 06-01-09 8773 Live Oak Ct (C) 432-7231 08-15-06 (Reg) tlia [ s a ras l.cor�� 1 Regular Member Vacancy 2 Alternate Member Vacancies Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Consent Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-41, APPOINTING A REGULAR MEMBER T'O THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-41, appointing James Evetts as a regular member of the Construction Board of Adjustment and Appeals. Summary Explanation & Background: His term will expire on 12-15-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-41 City Manager' ice ! Department LEGISLATIVE ca - pe\mydoc men s in\council\meeting\2006\10-03-06\2006-41.doc RESOLUTION NO. 2006-41 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 82-32 created a Board known as the Construction Board of Adjustment and Appeals; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. James Evetts is hereby appointed a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2009. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 3rd Day of October 2006. ATTEST: Susan Stills, CITY CLERK Rocky Randels, MAYOR Burt Bruns Leo Nicholas APPROVED AS TO FORM: Buzz Petsos Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: J A its E V,�; TS 2. Home Address: 3. Home Telephone: 3 a ! ` r C 4. Occupation: Ca -t Li'e' A. i.. _r l 6 i ✓` C - _i 61C C. 5. Business Telephone: 3i - —T 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: M(N) — (y) _V11", (N) m (N)Z (Y)(N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being �fC appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? m �(N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? m (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. I NTERESTS/EXPERIENCE 1. Briefly state your 'ippnterest in serving /ofn a City advisory board or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee: ~� ✓Lo Ile - 3. e- 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee• 1`L=�`��sS�c•� Cv�c7,`rne✓ N�fi'i�h. << L�:fi', r��c� 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. ✓ Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: � l z� Date: x 1z jreq i )GQ A,, 27, ?--e0� Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Use Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY OF CAPE CANAVERAL CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS REVISED 04/10/06 Board Meets On As Needed 5 Member Board Serving Three (3) Year Basis Terms per City Code 2-1710 2 Member Vacancies MEMBER NAMEIADDRESS TELEPHONE APPT DATE TERM EXPIRES THOMAS QUINN (H) 784-4817 12-02-03 12-15-06 303 E CENTRAL BLVD (W) 784-4817 07-17-01 Qandwl@aol.com NORMAN BOUCHER (H) 452-0552 12-06-05 12-15-07 8670 Villa Nova Drive (W) 452-3040 12-02-03 nbouc@bellsouth.net (C) 863-9695 07-17-01 05-06-97 RANDALL BYRD (H) 453-6564 12-07-04 12-15-07 2325 JASON ST 12-02-03 MERRITT ISLAND, FL 32952 07-17-01 05-06-97 Regular Member Vacancies Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Consent Item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-42, APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-42, appointing Jack Childs as a regular member of the Board of Adjustment. Summary Explanation & Background: His term will expire on 10-01-2007. I recommend approval. Exhibits Attached: Resolution No. 2006-42 City Manage ts- ce /' Department LEGISLATIVE cape- e\mydocu en s in\council\meeting\2006\10-03-06\2006-42.doc RESOLUTION NO. 2006-42 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11-2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jack Childs is hereby appointed as a Regular Member of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 3rd day of October, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Bob Hoog Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY August 31, 2006 City of Cape Canaveral Board of Adjustments 105 Polk Ave. Cape Canaveral, FL 32920 Dear Earl McMillin: Catherine Barnes 316 Lindsey Court Cape Canaveral, FL 32920pis _ eR? City Council i Cir; ratty. I P t -- — Pub. `d�-orks Dir. t :1:iU1ft Oft. 'YC2 DIL This is to formally notify you that I am resigning from City of Cape Canaveral Board of Adjustment. August 31, 2006 will be my last day to serve as a member of this Board. Thank you for the opportunity to work for such an outstanding Board. Sincerely, Catherine Barnes cc: City Manager CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENTS REVISED 09/27/06 Board Meets As Needed on a 5 Regular and 2 Alternate Board Monday in Annex at 7:30 pm Members per City Code 2-171(k) 1 Member Vacancy MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES VICE CHAIRPERSON 09-19-06 CONSTANCE MCKONE (H) 784-6491 10-07-03 10-01-09 340 CHANDLER ST (W) 783-4200 09-19-00 10-03-95 10-07-03 09-19-06 PAULA COLLINS (H) 784-8256 10-05-04 (Reg) 10-01-09 8708 BAY CT (W) 853-5581 10-07-03 Bcollinsl9@cfl.rr.com (F) 853-3690 10-01-00 09-15-98 10-03-95 ROBERT LAWS (H) 783-9548 09-17-02 10-04-05 10-01-08 232 CIRCLE DR 09-21-99 09-17-96 09-20-94 09-18-90 09-06-88 10-07-86 (Reg) 09-18-84 (Reg) 09-21-82 CHAIRPERSON 12-06-05 EARL MCMILLIN (H) 783-8834 09-17-02 10-01-08 PO BOX 1086 09-21-99 emcmillinjd@yahoo.com 09-17-96 11-01-94 Jack Childs (H) 799-1498 09-05-06(1st Alt) 10-01-07 8062 Sunset Court (1st Alternate) 1 Member Vacancy Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Consent Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: ADDENDUM TO THE OPERATING EQUIPMENT LEASE AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. DEPT/DIVISION: PUBLIC SAFETY/FIRE Requested Action: City Council consider the addendum to the Operating Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Department as requested by the fire chief. Summary Explanation & Background: The addendum provides for a new Exhibit "A". I recommend approval. Exhibits Attached: Exhibit "A"; Addendum; Existing Lease Agreement City Mana Office Department PUBLIC SAFETY/FIRE cap m\my o nts\a council\meeting\2006\10-03-06\fire.doc EXHIBIT "X— CITY 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 F2 VIN# OWNERSHIP 1 HTSONZR5NH401331 CITY 4P1 CU01 S65A005326 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 2FAFP71W6YX164342 CITY/PORT OPERATING EQUIPMENT LEASE AGREEMENT 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 j � day of October, 1992, and agree as follows: 1. The CITY leases the fire equipment and fire vehicles listed on the 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 September 23, 1992. 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 per year for 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 the date of execution until September 30, 1997, unless sooner terminated by the mutual Operating Equipment Lease Agreement CITY & CCVFD Page 2 agreement of the parties. In the event the fire service contract between the parties is terminated prior to September 30, 1997, this lease shall terminate simultaneously. IN WITNESS WHEREOF, we have set our names and seals on the date above written. LESSOR: (SEAL) ATTEST: i Faith a- Miller, T CLERK STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation ByL�f qyj Salamone, MAYOR The foregoing instrument was acknowledged before me this' d• _ by rJ c, ,/ C, :Saha- MO/7e on behalf of the CITY OF CIM CANAVERAL, wh6 is personally known to me and who did not take an oath. / (c. otary Public Name of Notary, Typed, Printed FAITH G. MILLER CC C Q g q G Notary Public - State of Florida 1Ay Commission Expires Serial Number JUNE 9, 1994 Comm. # CC 012770 Operating Equipment CITY & CCVFD Page 3 LESSEE: (Corporate Seal) AT T: Sacret4ry S'L'ATE OF FLORIDA C01-ri3TY OF BREVARD Lease Agreement CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation By: + President t The foregoing instrument was acknowledged before me this IF, th Qc4ar, tgciP by Trcu C. Fe -l { on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., who is personally known to me and who did not take an oath. ?ot�Pr``�°tom Notary Public, State of Florida SUSAN L. NELSON r ;ate My Comm. Exp, Mar. 22, 1993 F eF"'via" Comm. No. AA 658450 1rt!Yl L' kJ -1, Notary Public Name of Notary, Typed, Printed AA QF5 450 Serial Number Equipment Lease City & CCVFD Page WGf EXHIBIT "A" 1. 1991 PIERCE/INTERNATIONAL 1000 GPM PUMPER VIN: C91LVAG6205 2. 1988 GMC MINI -VAN VIN: 1GTDM1526JB537657 3. 1986 SUTPHEN 100+ AERIAL TOWER, 1500 GPM QUINT VIN: 1S9A3KBE1G1003422 4. 1982 GMC 7000, EMERGENCY ONE 750 GPM PUMPER VIN: DJ7D1E8CV566248 5. 1980 FORD DELIVERY TRUCK VIN: N81EVR51115 6. 1969 DOGE W-300, 100 GPM BRUSH TRUCK VIN: 2382930462 7. 1984 CAPRICE CLASSIC SEDAN VIN: lGlBL5168HX182574 ADDENDUM THIS ADDENDUM is entered into this 3rd day of October, 2006 by and between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", as Lessor, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida Corporation, hereinafter called "CCVFD", as Lessee. WITNESSETH WHEREAS, the City and the CCVFD have entered into an Operating Equipment Lease Agreement dated October 9, 1992; and WHEREAS, the City and the CCVFD agree to incorporate a new Exhibit "A" to said Lease Agreement; NOW, THEREFORE, the parties agree as follows: 1. The new Exhibit "A" attached, shall replace the existing Exhibit "A", and shall be incorporated into the Operating Equipment Lease Agreement. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANVERAL, by its duly authorized officer, has executed this instrument this 3rd day of October, 2006. CITY OF CAPE CANAVERAL, FLORIDA A municipal corporation 2 ATTEST Susan Stills, CMC CITY CLERK (Corporate Seal) Rocky Randels, MAYOR Cape Canaveral Volunteer Fire Department Addendum/Equipment Lease Agreement 2006/2007 Page 2 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 , 2006. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Corporation Dave Sargeant, Fire Chief ATTEST: Secretary (Corporate Seal) Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Considerations Item 11 No. As recommended by the review committee. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD REQUEST FOR PROPOSAL NO. 06-06 FOR GROUP HEALTH BENEFITS DEPT/DIVISION: ADMINISTRATION/HUMAN RESOURCES Requested Action: City Council consider the award of Request for Proposal No. 06-06 as follows: Group Medical - Health First HMO - Plan 24 Group Dental - Comp Benefits Dental PPO Elite Preferred Plan 610 Group Vision - Comp Benefits Vision Care Plan Group Life Insurance - Metlife As recommended by the review committee. Summary Explanation & Background: The annual cost for the Health First HMO Plan 24 is $210,321 based on (38) participants. This is a savings of $45,345. Group Dental will have a savings of $347 Vision is unchanged Life insurance is based on 1,000 x salary The city treasurer had budgeted for a 25% increase in premiums, but the bid came in 17% less than our current premiums. City Council had inquired about implementing a payroll deduction for participating employees to help offset the cost of group health benefits; see the attached 09-25-06 memo in which I outlined a 1 % to 5 % scale as a percent of the medical premium (please advise on this issue). I recommend approval of RFP No. 06-06 Exhibits Attached: City Clerk's memo dated 09-21-06; City Manager's memo dated 09-25-06 City Manapeg9wice^ Department ADMINISTRATION/HUMAN RESOURCES cape- m\mydoc ent a council\m '10-03-06\health doc Memo TO: The Honorable Mayor Randels and Members of the City Council Fmm Susan Stills, CMC, City Clerk/ HR and Risk Services c: Bennett Boucher, City Manager Andrea Bowers, City Treasurer Datm September 21, 2006 R« Review Committee Recommendation For Group Health Benefits Request for Proposal No. 06-06 solicited Group Health Benefits from local area Medical, Dental, Vision and Life Insurance providers as well as Benefits Consultants. The Review Committee of the City Manager, City Treasurer and City Clerk reviewed bids from the following carriers: ➢ Comp Benefits/ Orlando* ➢ Florida Benefits, Inc. / Winter Park ➢ Florida Dental Association/ Tallahassee ➢ Florida Municipal Insurance Trust/Oriando ➢ Health First Health Plans/ Rockledge* Thompson, Bostrom & Associates, LLC Dental/ Vision Medical/ Dental/ Vision/ Life Dental Medical/ Dental/ Vision Medical Medical/ Dental/ Vision/ Life The Committee selected Health First Health Plans for Medical coverage and Comp Benefits for Dental and Vision coverage. The City will seek Life Insurance coverage with MetLife our Pension Plan holders. The committee agreed to rank the listed proposals based on the completed Group Benefits Questionnaires. The questionnaires proved to be the best quantitative tool since three of the six submittals provided the same quote on the medical coverage. The components of the committee's recommendation were: premium costs, administrative services, plan benefits, provider network and the ability to consolidate the ancillary plans for dental, vision and life insurance. We have attached a synopsis of the proposals and the Group Health Benefits Questionnaires from the recommended providers. 2 O_j 0 D 5 � d0 ME �� c ckk_ "Wo cMk §mak 2 2 k'© k k k© � m 21� J\B ƒ k 2 ��m C*4 v 2 2 © © k " J U — f c �� c E �i : e 2 s 2 R U c . f 2 m Q c 7\ z® 2# m�� a2 0 0§ R/ J S f a @ �a C -A o �0 �Ja a . . c © a 2 q� �� k0 9$ QC ��k le le ■ ■ e � . . � § 40 40 . ��% k ® . 2 . §O a ■ — _ ®� ■ v $ = e § e . o E 2�� . o E m it a C) CLc# d�aga© 2e d�©C2� o+ m o c k 2° cIL k $ e$ I & e e $ e- 6 0 00 2 0 Wa oCL a s o■ 2& wW9Lfo w& wWCL40 a A � % w LU. g �IT q co V 2� _§ c a o 2 a . � ■ © 0 & k � �� � � m W N C m m OCL CL m O 2 w O 4) IL 1 10101 > m U I J W W C N � ) O v d W N N,�;c m a m m 'f om20 o*�� 0000 r CO U") to Lu F- co W N m N; Z W U " c 'm cv co) c O D a waw - N P. 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Ni W #a W iL � W �+ LL z N a a c c m = m Q m Q N m O C l0 U- w� O C. M N E O _ UC7Ci� V C W 0 0 °- CL ` 0 E City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health Benefits Form 3 GROUP BENEFITS QUESTIONNAIRE Please complete the following questions in the space provided. If additional space is needed, please use a separate sheet of paper marked - Section III, Group Benefits Questionnaire along with the appropriate question number. The use of WA should be avoided. WA can mean several things: Not Available, Not Applicable because there is no charge for the item, or Not Applicable because the item is not proposed. Instead, please Use the Terms "Included", "Not Included", or "Not Proposed. " Please be specific as to the location of where any information that you are referencing in the proposal can be found. Proposers are encouraged to provide legible responses. Does your proposed program comply with all applicable Florida and Federal Statutes regarding group insurance/ self-insurance and HMOs/ POSs and will you assure future compliance? 51 Yes, Health First Health Plans is in compliance with Chapter 641, Part III, Florida Statutes and Chapter 59A-12, Florida Administrative Code and has been issued a Health Care Provider Certificate Number 190. In addition, we hold a Certificate of Authority from the State of Florida to transact business in accordance with Chapter 641, Part 1 for Health Maintenance Organizations. 2. Have you enclosed your proposed contract? See Addendum 1 for copy of 2006 Small Group Contract. 3. Are you agreeable to negotiation of contract terms? Our Small Group contracts are regulated by the Office of Insurance and not subject to customization. 4. Please confirm that your proposal will remain valid until December 1, 2006. Small group rates in the State of Florida are determined upon final enrollment by three major components: age, sex, and medical condition of the group. The proposed rates are based on the age/sex census data provided by the City of Cape Canaveral. The potential for these rates to remain valid would be determined based on final enrollment with a 15% consideration given to the medical status of the employer group as a whole. City of Cape Canaveral, Florida 9 Request for Proposal No. 06-06 Group Health Benefits 5. Are you willing to provide renewal information 180 days prior to the renewal date of each subsequent plan year? All Small group clients receive their renewal as required by law 45 days in advance of their anniversary date. This allows for a minimum of only 7 months credible experience in determining the first year's renewal premiums, any less would not be feasible. 6. Please confirm that your proposed rates are guaranteed for 12 months. Final rates, based on age/sex/medical status, are guaranteed for 12 months. 7. Will you guarantee your proposed rates for longer than 12 months? Health First Health Plans will not be able to guarantee Small Group rates for longer than 12 months due to an annual renewal process that reviews changes in age/sex/medical status to determine rates for the following year. 8. Does your program give credit for deductibles previously satisfied? Health First Health Plans would be willing to apply credit for deductible satisfaction incurred this calendar year. 9. Does your program give credit for out-of-pocket previously accumulated? Health First Health Plans would not be able to accommodate a request to provide credit for previously accumulated out-of-pocket expenses. 10. Is there a deductible carry-over feature included as part of the quotation? The proposed rates include the deductible carry-over feature. 11. The City is currently handling COBRA service through CobraServ. Please confirm that your proposal will administer COBRA enrollments and assure compliance with COBRA LAW, or provide credit or an alternative to the absence of COBRA administration. Health First Health Plans also uses CobraSery and provides it free of charge to all eligible groups. City of Cape Canaveral, Florida 10 Request for Proposal No. 06-06 Group Health Benefits 12. Please confirm that your company will adhere to all of the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and you will keep the City in full compliance with all current and future requirements. Health First Health Plans will adhere to all HIPAA requirements. 13. How will you inform covered participants of changes to your provider network? Do you utilize a Web based network for identifying providers? If so, how often is the Web site updated? Please provide pertinent Web addresses. The Health First Health Plans Provider Directory is maintained on both our web- site and member portal. This information is updated regularly and is the most accurate information available to Health First Health Plan members. www.healthfirsthealthplans.org https:Hmvhfhp.health-first.org 14. Please provide a timetable that will outline the necessary requirements to implement your program for a December 1, 2006 effective date. Health First Health Plans would need to know what plan design has been selected one week prior to the open enrollment period for the City of Cape Canaveral so that individual enrollment kits can be made for each employee. Enrollment specialists from Health First Health Plans would work in conjunction with representatives from the City of Cape Canaveral during the open enrollment period. Enrollment applications that are received within 10 business days of the effective date will be guaranteed insurance cards mailed directly to each individuals home address listed on the enrollment form. 15. Are COBRA continuants included on the billing? If so, how is this handled? COBRA continuants are included on the Health First Health Plans billing statement. CobraSery will collect COBRA premiums from each COBRA member participating and will forward the premium to the City of Cape Canaveral. In turn, the City of Cape Canaveral will remit the COBRA premium to Health First Health Plans each month. City of Cape Canaveral, Florida 11 Request for Proposal No. 06-06 Group Health Benefits 16. At what location are the City's claims processed? All claims are processed at the following address: Health First Health Plans, Inc. 6450 US Highway 1 Rockledge, FL 32955 17. How many clients does this location service? This location serves nearly 2,000 commercial groups and a total of 72,000 Health First Health Plans members. 18. Would a Customer Service staff member be dedicated to the City? The City of Cape Canaveral will have a dedicated Account Manager assigned to work in conjunction with representatives from the City's Benefits Department. In addition, employees of the City of Cape Canaveral would be provided with a Customer Service phone line that would be made available seven days a week, 8a.m. - 8.p.m., and have 24 hour a day access to an interactive voice response system. Members can also access information about their plan through a secure web portal account to get details on their benefits and claim payments. 19. Are there any major anticipated changes in the claim payment system in the next 12 months? There are no anticipated changes to our claims system in the next 12 months. 20. What claims information will be made available to the City for auditing purposes? HFHP does not make Small Group Claims available for independent audit purposes. However the City can rest assured with our 98% claims payment accuracy and claims processing procedures that are SAS 70 certified. In addition to the Office of Insurance Regulation, independent auditors review the Health Plans' claims payments annually. 21. Can you provide web -based claims data? City of Cape Canaveral, Florida 12 Request for Proposal No. 06-06 Group Health Benefits Currently Health First Health Plans cannot provide web -based claims data. However, we are currently exploring opportunities for employers to review their experience via the web. 22. Please describe the claims process from the time received to the time paid. See Attachment 6 23. Please describe your case management procedures. Are out -of -network situations given the same attention as in -network? Both in -network and out -of -network case management procedures are handled the same. The Medical Management Department screens members for possible care coordination and case management services and make referrals to HFHP case managers when indicated. Referrals may be initiated from initial health risk assessments, patients, families, physicians, hospital case managers and social workers, etc. HFHP Case Managers gather all relevant information, contact the member and collaborate with the attending physician(s) to develop a plan of care. Tertiary Care and Transplant Case Management is a complex subset of the case management program that requires significant knowledge of the transplant program as well as coordination between local practitioner/providers and the tertiary care center. 24. Please describe your referral process from Primary Care Physician [PCP] to Specialist. Is it paper driven, or must a PCP notify you for an authorization? All proposed plans for the City of Cape Canaveral are considered Open Access plans. This allows members to self refer to an in -network specialist without a referral from their primary care physician. 25. Are all PCPs required to have admitting privileges to network hospitals? All participating primary care physicians are required to either have admitting privileges to network hospitals, have coverage arrangements with another participating physician that can provide inpatient coverage, or utilize the growing trend that has arisen nationwide for inpatient medical care called hospitalists. Hospitals groups are currently available at HRMC, PBCH, and CCH. 26. What is the procedure if a network provider refers a member (without the member's knowledge) to a nonparticipating provider? Who assumes responsibility? City of Cape Canaveral, Florida 13 Request for Proposal No. 06-06 Group Health Benefits Since a claim will not be paid without authorization, this scenario usually results in a member or provider appeal. Typically, in an isolated case, the claim may be paid and the responsible network provider is educated in the process. If it happens repeatedly, the Physician Advisory Committee may take action against the provider. Typically the member is held harmless unless they were aware or should have been aware of the issue. 27. Should a member receive a recommendation from a participating physician to a specialty hospital (i.e. Mayo Clinic) that is not a participating provider, does Proposer agree to accommodate such physician request? Explain your approval process. These cases are assessed individually. Often providers may recommend care from a non -participating provider when they are unaware that a source for such care exists in the provider network, or that the Plan has an existing relationship for such care. Typically, if the Plan has an existing relationship for such care, the request will not be approved and the care will be redirected to the in -network source. If no relationship is present, the Medical Management Department works directly with the member and participating physician to facilitate care at the requested facility or another mutually agreeable facility. 28. What criteria are used for selecting participating physicians and hospitals in your Provider Network? All requests for participation are reviewed by the Network Development Committee comprised of the following individuals: President/COO, both Medical Directors, VP of Sales and Marketing, VP of Operations, VP of Clinical Services, Director of Provider Relations, Manager of Clinical Services, and the Credentialing Coordinator. Physician providers are required to be board certified to be considered for review. 29. When physicians are eliminated from the network, will a reasonable time frame be allowed for participants to select a new primary care physician; i.e., 30 days? Please explain. Health First Health Plans will make every effort to help the member transition care from one provider to another. Members are allowed to make provider changes that will take effect the following day. Additionally, members have an option not to select a primary care physician and have their insurance id card reflect "Open Access," allowing them to see any participating PCP with an open panel. City of Cape Canaveral, Florida 14 Request for Proposal No. 06-06 Group Health Benefits 30. When physicians are eliminated, what provisions can be made for participants who undergoing treatment? Would charges be honored for a certain period of time? How long? If the provider is terminated by the plan, members in active treatment have the option to continue care for six months so long as the physician agrees to continue treatment at the fee schedule in force immediately preceding the termination. 31. What type of health promotion activities (i.e., Biometric screening, health risk assessments) would your company provide to the City? Is there an additional charge for these services? In addition to promoting Health Dialog, our disease management partner, Health First Health Plans mails quarterly newsletters, mammogram reminders, and publishes preventative medicine guidelines to educate our members. A Healthy Lifestyles Rebate rider is also available and can earn the City a percentage of premium paid refund. 32. Will you provide sample Summary of Benefits booklets, communication materials. Also, please confirm that these materials are included as part of your proposal submission. All Materials included in attachment 2 are included as part of this proposal submission. 33. Are there any services unique to your company that you feel should be highlighted to the City of Cape Canaveral? Please review attachment 3, Added Value Services. 34. How long has your company been in the Group Health (Dental, Vision, Life) business? Health First Health Plans has provided group health benefits since 1995. 35. Is your company a subsidiary or division of another organization? Describe. City of Cape Canaveral, Florida 15 Request for Proposal No. 06-06 Group Health Benefits Yes, Health First Health Plans is a wholly owned subsidiary of Health First, Inc. (see question 36 for complete history) 36. What special experience or resources might make your firm superior to other firms or of unusual value to the City of Cape Canaveral? Health First Health Plans' business history and current purpose/function in the marketplace Believing that "Together, we're better," three not-for-profit hospitals—Cape Canaveral Hospital in Cocoa Beach, Holmes Regional Medical Center in Melbourne, and Palm Bay Community Hospital in Palm Bay—united in 1995 to form the core of Health First's family in Brevard County on Florida's Space Coast. Working together in a seamless system, Health First, Inc. is devoted to integrating quality healthcare services with state-of-the-art technology for the betterment of our community. Other services include outpatient centers; the county's only trauma center; home care; specialized programs for cancer, diabetes, heart, stroke, and rehabilitative services; three fitness centers; Health First Physicians — one of Brevard's largest medical groups; and Health First Health Plans. Health First Health Plans began with 5,000 members in 1996, and now with 72,000 members, we are Brevard County's largest commercial health insurer, covering nearly one in seven of the county's residents. Product lines include four Medicare Advantage Prescription Drug plan options, and more than 70 options for fully -insured commercial HMO and POS products, as well as cost-effective TPA services. Milestones include: o December 1995: Received Certificate of Authority from Florida Department of Insurance o January 1996: First commercial members o April 1997: Received Medicare+Choice contract 0 1998: Received NCAA "New Plan" accreditation 0 2000 and 2003: Received NCAA "Commendable" accreditation 0 2000: AM Best ranks Health First Health Plans B++ 0 2004: Implemented direct access — PCP referrals to network specialists no longer required 0 2004: Introduced high -deductible health plans compatible with Health Savings Accounts a 2005: Introduced Care Level Management physician home visit program for medically -fragile homebound senior members 0 2006: Introduced Health Dialog medical management program City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health Benefits 16 o 2006: Achieved "Excellent' accreditation status, the highest available from NCAA Unlike our competitors, Health First Health Plans is centrally located within the service area, with our headquarters in the Suntree area of Brevard County. All operations, including executive management, customer service, and account management are located here. Also, as part of an integrated healthcare delivery system, Health First Health Plans benefits from strong contractual relationships with our hospitals that allow for substantially lower-cost healthcare services to employers and employees alike. Furthermore, our organization is capable of producing efficient and effective healthcare outcomes by controlling medical cost through the integrated delivery model of care. We believe strongly that the Space Coast community should have the option of choosing a health plan that is almost always priced below those from other carriers. Although technically a for-profit corporation, Health First Health Plans operates under the governance and philosophy if it's not-for-profit parent company, Health First. The financial viability of the Health First organization is very strong. Current revenues exceed $900 million system -wide, with one-third of total revenue being generated by Health First Health Plans' premiums. As a locally owned and managed health plan, we can ensure these premium dollars stay in our area, supporting the Health First mission of improving the health of our community. Rather than going to outside stockholders, any excess revenue is used to benefit residents of the Space Coast through healthcare projects such as: o Expanding services and facilities at Cape Canaveral Hospital, Holmes Regional Medical Center, and Palm Bay Community Hospital o Building a new campus in Viera to include a health park and medical center o Supporting Brevard's only trauma center o Providing care to patients regardless of their ability to pay, offering free educational programs, and more Health First Health Plans is proud to serve a wide variety of businesses, from local sole proprietors to large national firms. We are well positioned to serve the City of Cape Canaveral, and are experienced with handling municipal accounts. Our clients include some of Brevard's largest employers, as well as several municipalities: o City of Cocoa Beach o City of West Melbourne o City of Melbourne — Group Medicare o City of Indian Harbour Beach o City of Satellite Beach City of Cape Canaveral, Florida 17 Request for Proposal No. 06-06 Group Health Benefits o Town of Indialantic o Town of Melbourne Beach o Town of Melbourne Village 37. What kind of communications/ education programs does the Proposer provide? Include brochures and/or a brief description of each. Please see Attachment 4 for a copy of education and communication materials. 38. What kind of Disease Management and Wellness Programs does the Proposer provide? Include brochures and/or a brief description of them. Data is provided to our Disease Management partner, Health Dialog, for predictive modeling and assignment of risk scores to each member. Case management services are provided to those individuals who are identified as having complex medical issues, complicated cases, and/or multiple hospitalizations. Health Coaching is provided to those individuals in the top 10- 20 percent of risk scores. Targeted educational materials are sent to those members of low or average risk. A baseline of 24 months experience is used to establish baseline costs/disease incidence for comparison to program years. In addition to our Disease Management Program, Health First Health Plans also provides discounts to our Pro -Health Fitness Centers located in Merritt Island, Melbourne, and Palm Bay. See Attachment 5 for an overview of the Health Dialog Program and Value Added services. 39. Will you accept employee enrollment data now on file at the City without re - enrollment, or will you require a new enrollment. It is the policy of Health First Health Plans to have each new enrollee complete and sign a new enrollment form. 40. Please state if there are any required minimums or maximums for enrollment for insurance, HMO or services components you are proposing. Health First Health Plans requires 75% of all eligible employees, less qualified waivers, to enroll. In addition, the City of Cape Canaveral would be required to pay at least 50% of the employee cost for health benefits. City of Cape Canaveral, Florida 18 Request for Proposal No. 06-06 Group Health Benefits 1 have read the City of Cape Canaveral's Request for Proposal, I understand the desires stated. I realize that the Group Benefits Questionnaire applies to each plan of benefits proposed, and I am either complying with desires or indicating which specific items I cannot comply with. In cases of non-compliance I attempted to offer an alternate solution. The Request for Proposal by the City is understood to be a solicitation of offers from insurers, administrators, HMO's, POS's and Agents which may be accepted by the City the formation of a valid and binding contract. I state that I am authorized to make such an offer on behalf of the insurer(s) HMO and/or POS proposed. Authorized Representative Firm Telephone Date INSURED MEDICAL HMO/POS PLAN Insurer HMO/ POS: Health First Health Plans — Bests Rating: B+ Administrator: Health First Health Plans Contact Name: Dean Brombacher Toll Free Telephone #: 800 716-7737 Telephone: 321 434-5633 FAX: 321 434-4362 Proposer: Health First Health Plans Contact Name: Dean Brombacher Toll Free Telephone #: 800 716-7737 Telephone: 321 434-5633 FAX: 321 434-4362 Is the HMO Federally Qualified? Yes Adjusted Community Rated? Yes Can this benefit or service be purchase alone, without other benefits or services? The following benefits/rates being proposed by Health First Health Plans can be offered along with any other life, dental or vision plan. CURRENT PLAN – HEALTH MAINTENANCE ORGANIZATION 12/01/2006 # X Monthly Rate X 12=Annual Premium Current HMO Plan Employee 36 X $560.67 X 12 = $242,209 Employee +S ouse 0 X $1,399.52 X 12 = Employee + Child 0 X $903.66 X 12= S ouse/Child ren / Dependents* 0 X $1,742.52 X 12 = COBRA Employee 0 X $560.67 X 12 = Employee Dependant 1 X $560.67 X 12 = $6,728 Total HMO Plan Premium 137 X $560.67 X 12 = $248,937 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health Benefits OPTION A — POINT -OF -SERVICE PLAN (Value Choice 1) 19 12/01/2006 # X Monthly Rate X 12=Annual Premium Employee 38 X $459.96 X 12 = $209,741.76 Employee +S ouse 1 X $988.90 X 12 = $11,866.80 Employee + Child ren 0 X 1$883.11 X 12 = Family 0 X $1379.87 X 1 12 = 0 X X 12= X X 12= Total HMO Plan Premium 139 39 X X 12 = $221,608.56 OPTION B — HMO (HF 24) 12/01/2006 # X Monthly Rate X 12=Annual Premium Employee 38 X $461.23 X 12 = $210,320.88 Employee +S ouse 1 X $991.64 X 12 = $11,899.68 Employee + Child ren 0 X 1$885.56 X 12 = Family 0 X $1383.68 X 12 = 0 X X 12= X X 12= Total HMO Plan Premium OPTION C — HMO (HF 22) 139 1X X 112 = $222,220.56 12/01/2006 # X Monthly Rate X 12=Annual Premium Employee 38 X $491.42 X 12 = $224,087.52 Employee +S ouse 1 X $1056.56 X 12 = $12,678.72 Employee + Child ren 0 X $943.53 X 12 = Family 0 X 1$1474.27 X 1 12 = 0 X X 12= X X 12= Total HMO Plan Premium 39 X X 12 = $236,766.24 Assumptions: • Rates assume a total carrier replacement • Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participate. • Proposed rates are pending Office of Insurance Regulation Approval City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits SECTION III GROUP BENEFITS QUESTIONNAIRE Please complete the following questions in the space provided. If additional space is needed, please use a separate sheet of paper marked - Section 111, Group Benefits Questionnaire along with the appropriate question number. The use of N/A should be avoided. N/A can mean several things: Not Available, Not Applicable because there is no charge for the item, or Not Applicable because the item is not proposed. Instead, please Use the Terms "Included", "Not Included", or "Not Proposed." Please be specific as to the location of where any information that you are referencing in the proposal can be found. Proposers are encouraged to provide legible responses. 1. Does your proposed program comply with all applicable Florida and Federal Statutes regarding group insurance/ self-insurance and HMOs/ pass and will you assure future compliance? Yes, CompBenefits complies with all applicable Florida and Federal Statutes regarding group insurance/ self-insurance and HMOs/ pass and will you assure future compliance. 2. Have you enclosed your proposed contract? Yes, please refer to Section VII for a sample of CompBenefits Contract. 3. Are you agreeable to negotiation of contract terms? Yes, CompBenefits will meet to discuss agreeable negotiation of contract terms. 4. Please confirm that your proposal will remain valid until December 1, 2006. CompBenefits agrees that its proposal will remain valid until December 1, 2006. 5. Are you willing to provide renewal information 180 days prior to the renewal date of each subsequent plan year? CompBenefits is willing to meet with the City to discuss renewal rates timeline that is mutually beneficial to both CompBenefits and the City. CompBenefits will then send written notification to the City according to what was agreed upon by CompBenefits and the City. This document will explain any changes that are required to maintain continued coverage. 9 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 6. Please confirm that your proposed rates are guaranteed for 12 months. Rates are guaranteed for 12 months. 7. Will you guarantee your proposed rates for longer than 12 months? CompBenefits is willing to meet with the City to discuss rate guarantees that is mutually beneficial to both CompBenefits and the City. CompBenefits will then send written notification to the City according to what was agreed upon by CompBenefits and the City. 8. Does your program give credit for deductibles previously satisfied? Yes, CompBenefits gives credit for deductibles previously satisfied. 9. Does you program give credit for out-of-pocket previously accumulated? Yes, CompBenefits gives credit for out-of-pocket previously accumulated. 10. Is there a deductible carry-over feature included as part of the quotation? Yes, we have a last quarter deductible carry-over. 11. The City is currently handling COBRA service through CobraServ. Please confirm that your proposal will administer COBRA enrollments and assure compliance with COBRA LAW, or provide credit or an alternative to the absence of COBRA administration. CompBenefits does not provide COBRA Administration. However, we do comply with COBRA law. 12. Please confirm that your company will adhere to all of the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and you will keep the City in full compliance with all current and future requirements. CompBenefits has read and will comply. 10 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 13. How will you inform covered participants of changes to your provider network? Do you utilize a Web based network for identifying providers? If so, how often is the Web site updated? Please provide pertinent Web addresses. 14. 1s 16 17 Participants are notified in advance of any plan changes. This is done through direct mailings, and our Web site updates. To provide real-time access to information about our networks and to assist members in the selection of a dentist, CompBenefits offers a provider search system on our Web site at www.compbenefits.com. Members may search by city, state, or ZIP code, or they have the option of entering their entire street address. The mapping system lists all participating dental offices within a requested radius and offers a map and mileage to their offices. The provider search system is updated daily to ensure the latest network information is available. Please provide a timetable that will outline the necessary requirements to implement your program for a December 1, 2006 effective date. Please refer to Section VII for Sample Implementation Plan. Are COBRA continuants included on the billing? If so, how is this handled? Yes, COBRA continuants are included in the bill and will be noted as COBRA participants. At what location are the City's claims processed? Dental Claims Office 200 W. Jackson Boulevard 9th Floor Chicago, Illinois 60606-6910 Vision Claims Office 1511 North Westshore Boulevard Suite 1000 Tampa, Florida 33607 How many clients does this location service? Dental: CompBenefits process an average of 180,987 dental claims every month. Vision: CompBenefits process an average of 63,311 vision claims every month. 11 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 18. Would a Customer Service staff member be dedicated to the City? All CompBenefits' Member Services Representatives are trained to handle the majority of member inquiries and grievances. In cases where the matter is more complex, CompBenefits provides the service of a Grievance Coordinator. CompBenefits will assign a dedicated account manager who will act as the liaison between all service issues and CompBenefits. In addition, we will provide the City with a dedicated billing representative who can provide information and services regarding billing and eligibility. Member inquiries will be directed to the CompBenefits Member Services Department, which is staffed by trained representatives who can assist with any questions members might have. 19. Are there any major anticipated changes in the claim payment system in the next 12 months? No, there are no major anticipated changes in the claim payment system in the next 12 months. 20. What claims information will be made available to the City for auditing purposes? CmpBenefits is willing to meet with the City to discuss the claim reports available to the City and the frequency of these reports. 21. Can you provide web -based claims data? Yes. Provider/member is able to view claims data on CompBenefits' web site. The web site address is www.compbenefits.com. 22. Please describe the claims process from the time received to the time paid. Once reviewed, claims entered through Claims Batch Entry (CBE) for auto adjudication are received in the mailroom, they are routed to the Pre - Screening Department and checked for completeness. Incomplete claims are returned to the member or provider with a request for necessary information. Complete claims are date stamped, counted, and sorted in batches of 200. Each batch is scanned and routed to the CBE Data Entry Operator for input. A batch control sheet accompanies each batch and is entered into CompBenefits computer system. The Lead Pre-screening Clerk is responsible for opening the batch for input, assigning the batch to the Data Entry Operator, and closing the batch after all claims have been entered. The Lead Pre-screening Clerk then requests a claims batch journal 12 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits for each batch that has been entered. After the journal has been verified, the Lead Pre-screening Clerk is responsible for sending the batch through the auto adjudicator for processing. Once a claim is entered in the system, CompBenefits on-line system edits validate eligibility, providers, plan information including maximums and limitations, and prior claims history. These on-line edits allow for automated claims adjudication. The Audit Department audits approximately 5 percent of claims processed through the claims auto adjudicator. After claims are audited, they are released for payment. Checks and EOB's are printed and mailed. Claims Adjusters review claims for COB, unbundling, and duplicates that are not automatically processed for payment. The adjusters process the claims using the claims adjudicator or through the manual claims payment process. Each adjuster, based on his/her level of experience, has a pre- determined percentage of claims audited and all claims more than a certain dollar limit is audited. After claims are released from audit, checks and EOB's are printed and distributed. CompBenefits' company standard for claims processing turnaround time is 85 percent of clean claims processed within 15 business days. Our payment accuracy standards are 98 percent processing accuracy and 99 percent financial accuracy. 23. Please describe your case management procedures. Are out -at -network situations given the same attention as in -network? CompBenefits assigns case managers to specific area to handle and process both in and out -of -network issues. We take pride in having dedicated people to ascertain a high level of expectations. 24. Is it paper driven, or must a PCP notify you for an authorization? This is not applicable to CompBenefits as we are proposing dental and vision benefits. 25. Are all PCPs required to have admitting privileges to network hospitals? This is not applicable to CompBenefits as we are proposing dental and vision benefits. 13 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 26. What is the procedure if,a network provider refers a member (without the member's knowledge) to a nonparticipating provider? Who assumes responsibility? If a CompBenefits' General Provider refers a member to an out -of -network specialist and the member has services rendered without verifying whether the specialist is contracted, the claim will be denied. In most cases the member would then submit an appeal and we would allow a one-time exception. In addition, CompBenefits will advise the member to contact Member Services to validate provider participation before having services rendered. 27. Should a member receive a recommendation from a participating physician to a specialty hospital (i.e. Mayo Clinic) that is not a participating provider, does' Proposer agree to accommodate such physician request? Explain your approval process. This is not applicable to CompBenefits as we are proposing dental and vision benefits. 28. What criteria are used for selecting participating physicians and hospitals in your Provider Network? This is not applicable to CompBenefits as we are proposing dental and vision benefits. 29. When physicians are eliminated from the network, will a reasonable time frame be allowed for participants to select a new primary care physician; i.e., 30 days? Please explain. This is not applicable to CompBenefits as we are proposing dental and vision benefits. 30. When physicians are eliminated, what provisions can be made for participants who undergoing treatment? Would charges be honored for a certain period of time? How long? This is not applicable to CompBenefits as we are proposing dental and vision benefits. 14 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 31. What type of health promotion activities (i.e., Biometric screening, health risk assessments) would your company provide to the City? Is there an additional charge for these services? This is not applicable to CompBenefits as we are proposing dental and vision benefits. 32. Will you provide sample Summary of Benefits booklets, communication materials. Also, please confirm that these materials are included as part of your proposal submission. Yes, CompBenefits will provide the City all of the necessary materials to both educate and enroll members. The booklets include a description of their plan, provider directory, forms, and enrollment forms. Please refer Benefits for Summary of Benefits. schedules of summaries of benefits to Section V, Proposed Rates and 33. Are there any services unique to your company that you feel should be highlighted to the City of Cape Canaveral? As one of the nation's largest dental and vision carriers, we are confident that CompBenefits can exceed your expectations in quality, value, and service through our dental and vision care programs. It is our intent to demonstrate that CompBenefits possesses the network, resources, infrastructures, and commitment to quality service to assure the success of the City of Cape Canaveral's dental and vision benefit programs for the proposed contract period and beyond. CompBenefits will develop dental and vision benefit programs that specifically addresses the concerns of the City in the following areas: • Superior Benefits Administration • Enhanced Benefits • Superior Network Access Dedicated Account Management Caring and Responsive Customer Services 34. How long has your company been in the Group Health (Dental, Vision, Life) business? CompBenefits Corporation, based in Roswell, Georgia, is a nationally recognized leader in the development and administration of dental and vision plans. CompBenefits began operations in Florida in 1968 and since expanded throughout the United States. 15 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 35. Is your company a subsidiary or division of another organization? Describe. No, CompBenefits is not a subsidiary or division of another organization. 36. What special experience or resources might make your firm superior to other firms or of unusual value to the City of Cape Canaveral? CompBenefits plans are designed to place the highest emphasis on comprehensive exams as the foundation for oral and visual health. We believe this is best achieved in a private practice office where stable relationships are established between doctors and patients. When corrective treatment is required, each practitioner is provided incentives to perform the appropriate treatment and not under- or over -treat the patient. CompBenefits takes every measure to support these objectives, and maintains committees for credentialing, utilization management, and quality improvement. Our offering for the dental and vision benefits program is based upon a comprehensive plan design with stable pricing that promotes efficient administration, enhanced customer service, and optimal health outcomes. 37. What kind of communications/ education programs does the Proposer provide? Include brochures and/or a brief description of each. CompBenefits provides all of the materials necessary to both educate and enroll members. The booklets that members receive include a description of their plan, provider directory, forms, schedules of summaries of benefits and enrollment forms. CompBenefits will provide staff to assist members with their enrollment and can provide the service statewide. CompBenefits' staff will be available to attend 100 percent of the City's initial enrollment meetings to ensure that all prospective members have the information they need to make an informed choice about their benefits. 38. What kind of Disease Management and Wellness Programs does the Proposer provide? Include brochures and/or a brief description of them. This is not applicable to CompBenefits as we are proposing dental and vision benefits. 16 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 39. Will you accept employee enrollment data now on file at the City without re - enrollment, or will you require a new enrollment. CompBenefits will accept employee enrollment data now on file at the City. CompBenefits will request a detailed claim history from the prior carrier. This history would include any necessary deductibles, plan year maximums, and any internal limits, which are necessitated due to the plan design. This would need to occur on or before the plan takeover date and periodically during the run -out period. 40. Please state if there are any required minimums or maximums for enrollment for insurance, HMO or services components you are proposing. The minimum employee participation requirement for the plans quoted are ten eligible employees. The case will be returned and will be subject to cancellation if less than 10 eligible employees are enrolled. 17 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits I have read the City of Cape Canaveral's Request for Proposal. I understand the desires stated. I realize that the Group Benefits Questionnaire applies to each plan of benefits proposed, and I am either complying with desires or indicating which specific items I cannot comply with. In cases of non-compliance I attempted to offer an alternate solution. The Request for Proposal by the City is understood to be a solicitation of offers from insurers, administrators, HMO's, POS's and Agents which may be accepted by the City the formation of a valid and binding contract. I state that I am authorized to make such an offer on behalf of the insurer(s) HMO and/or POS proposed. CompBenefits 1-800-295-627411 A horized Representative Firm Telephone Date 18 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits FULLY INSURED DENTAL PLAN Insurer: CompBenefits Bests Rating: NA Administrator: Contact Name: Manny Manso Toll Free Telephone #: 800-893-2981 Ext. 24 Telephone #: 321-223-5513 FAX #:770-518-3116 Proposer: CompBenefits Contact Name: Manny Manso Toll Free Telephone #: 800-893-2981 Ext. 24 Telephone #: 321-223-5513 FAX #:770-518-3116 CURRENT DENTAL PLAN 12/01/2006 # X Monthly Rate X 12=Annual Premium Employee 44 X $25,50 X 12 = $15,048 Employee + Spouse 6 X $30.29 X 12 = $2181 Employee + Child 3 X $46.01 X 12 = $1656 Spouse/Child(ren)/Dependents" 0 X $76.30 X 12 = COBRA Employee 0 X $28.50 X 12 = Employee Dependent 1 X $30.29 X 12 = $30.29 Total Plan Premium X X 12 = $18,915.29 "Not Family Rates (i.e. Dependent Rates = Family Rates less Single Rate) 19 City of Cape Canaveral. Florida Request for Proposal No. 06-06 Group Health benefits FULLY INSURED VISION PLAN Insurer: CompBenefits Bests Rating: NA Administrator: Contact Name: Manny Manso Toll Free Telephone #: 800-893-2981 Ext. 24 Telephone #: 321-223-5513 FAX #:.770-518-3116 Proposer: CompBenefits Contact Name: Manny Manso Toll Free Telephone #: 800-893-2981 Ext. 24 Telephone #: 321-223-5513 FAX #:770-518-3116 CURRENT VISION PLAN 12/01/2006 # X Monthly Rate X 12=Annual Premium Employee 42 X $5.74 X 12 = $2892.96 Employee + Spouse 4 X $14.17 X 12 = $680.16 Employee + Child 0 X $14.17 X 12 = Spouse/Child(ren)/Dependents* X $14.17 X 12 = COBRA Employee 0 X X 12 = Employee Dependent 1 X $8.43 X 12 = $8.43 Total Plan Premium X X 12 = $3581.55 'Not Family Rates (i.e. Dependent Rates = Family Rates less Single Rate) 001 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits ADMINISTRATION OF DENTAL AND/OR VISION BENEFITS Attach this Questionnaire to each Dental and Vision Benefits Proposal. Are you providing this form for Dental Benefits, for Vision Benefits or X I both? If you are proposing both, be sure to answer separately for each type of benefits proposed. If necessary, copy for the form for a separate response. Questions: Please attach necessary explanations and/or deviations. For what range of employees are the proposed rates/premiums applicable (e ... g. within 5%, 10%, etc. of the census)? The proposed rates/premiums is based on the participation level of 100 percent of the City's employees will enroll. 2. Will the event of a takeover of the plan from the current insurer result in a no loss/no gain to existing participants? CompBenefits agrees to provide coverage on a takeover basis. CompBenefits will need information on each of the current members' satisfied deductibles and cumulative benefits received for the current year. CompBenefits Insurance Company will request a detailed claim history from the prior carrier. This history would include any necessary deductibles, plan year maximums, and any internal limits, which are necessitated due to the plan design. This would need to occur on or before the plan takeover date and periodically during the run -out period. (Bi -monthly updates are recommended.) The amounts applied to the deductibles and maximums would be updated upon the receipt of the claims history from the prior carrier (out-of-pocket does not apply to dental plans). With a calendar year deductible and calendar year maximum, an option is to not load the prior plan's history and to verify internal limits on a case-by-case basis with the member's provider. The format and medium of this information can be discussed in further detail prior to the plan's effective date. 3. Will any participant(s) be excluded or limited from coverage for any reason? Eligibility standards will set by the City. Any exclusion should be the result of abiding by the City's policies. For example, part-timers would be excluded. 21 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 4. Will you be responsible for takeover of the current plan's extension of benefits? Please refer to CompBenefits' response to number 2. 5. Have you provided an attachment to describe in detail all resources that will be made available to the City for enrollment and how you will structure enrollment communications, and enrollment data entry? Please see Section VII for a sample of CompBenefits Implementation plan. 6. Will you include presentation of cost containment explanations and instructions? Yes. Please refer to Section V, Proposed Rates and Benefits. 7. Do you agree to an open enrollment (all applicants will be accepted without providing evidence of insurability) at inception of your plan? CompBenefits relies on the City to determine who is eligible for coverage and enrollment under the Plan. The City is responsible for the communication of this information to CompBenefits. The Plan benefits will be made available to all enrollees that are included on the electronic files submitted to CompBenefits for processing. Presently, CompBenefits does not provide standards monitoring on the electronic files and reports submitted by the City to CompBenefits. 8. Will you prepare literature_ describing the new plan in layman's terms and make such literature available for employee meetings? Yes, CompBenefits will provide the City with literature describing the new plan in layman's terms. The booklets that the City will receive include a description of plan, provider directory, forms, schedules of summaries of benefits and enrollment forms. CompBenefits will make the literature available for employee meetings. 9. Will you provide an insurance policy, plan document, benefit I.D. cards, certificates or booklet- and any other appropriate literature to describe the benefits to employees? Yes, CompBenefits provides its clients all of the materials necessary to both educate and enroll our members. The booklets that members receive include a description of their plan, provider directory, forms, schedules of summaries of benefits and enrollment forms. CompBenefits will also provide a staff to assist the City with their enrollment. 22 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 10. What is your procedure and assistance for enrollment of employees who become eligible after plan inception? The assigned Account Management Team will be there at the inception and for ongoing services. 11. Explain the extent to which you will comply, upon enrollment and throughout your service to the City, with the Americans with Disabilities Act with respect to accommodating employees who have sight, hearing or other disabilities. CompBenefits will fully comply with the Americans with Disabilities Act with respect to accommodating employees who have sight, hearing, or other disabilities. This includes a dedicated TTY line for the hearing impaired. 12. Which medical fee schedule do you use for your customers? State why you prefer it over other available schedules. This is not applicable to CompBenefits. 13. At what percent of reasonable and customary are in -network claims paid? Out - of -network claims? Generally, claims are paid according to standard contracted fees for the Preferred Provider for services rendered by an in -network provider. We show two plans with different options for out -of -network service. Plan EP 510 reimburses out -of -network services at the 80% percentile of UCR. Plan EP 610 reimburses out -of -network services on the contracted fees for the Preferred Provider. 14. Do you assume fiduciary liability for administration of the Plan? If yes, explain the process for settlement of a claim dispute. CompBenefits assumes fiduciary liability for administration and payment of claims under the plan. In the event of a claims dispute, the member must submit the dispute in writing to our Grievance Coordinator for review and investigation. 23 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 15. Does your contract include a "hold harmless" clause to protect employees from any fees for provider services rendered that are eligible charges according to the plan (except deductible and coinsurance), regardless of the reason for non- payment? If yes, explain: CompBenefits agrees to indemnify and hold the City harmless from any claims, actions, judgments, settlements, and costs or expenses arising from or which may result from the negligent act or willful misconduct by CompBenefits, its employees, officers, or agents, in performing its obligations under the Agreement. 16. Describe instances in which an Explanation of Benefits (EOB) will be generated and forwarded to participants. Dental: CompBenefits issues EOBs to members when a claim is denied. Vision: An Explanation of Benefits is typically sent to members who use out -of -network doctors. When a member visits the non -network doctor of their choice, they pay the doctor in full at the time of the visit and then submit itemized receipts to CompBenefits for reimbursement, according to the scheduled non -network provider benefits allowance. CompBenefits then sends the member a check for the reimbursement amount along with an Explanation of Benefits (EOB) form, which explains all benefits received at the time of the appointment. The EOB contains all information, such as the group name, patient name, charges pertaining to the exam, lenses, frames, co -pays, date, total amount paid by patient, and total amount due. 17. Will you provide monthly summaries of enrollment, rates, premiums and claims, (within 30 days after the end of the month) with cumulative totals for the plan year for HMO and POS participants? Explain any differences between what is requested and what you will provide. To keep members abreast of the details of their coverage, CompBenefits' standard employee communication material includes: • Printed benefit descriptions • Group application form • 1D card • Claim forms • Certificate of Benefits • Explanation of Benefits • Provider directories 24 City of Cape Canaveral, Florida Request for Proposal No. 06-06 Group Health benefits 18. Will you provide such information separately for employees and their dependants, COBRA and their dependents and total for all participants and all dependents? Yes, CompBenefits has read and will comply. 21. Have you completed the Group Benefits Questionnaire? Yes, CompBenefits has completed the Group Benefits Questionnaire. 25 Memo To: Participating City Employees From: Bennett Boucher, City Manager CC: Susan Stills, City Clerk / Human Resources Date: 09/25/2006 Re: Notice — change in provider coverage. The City recently bid the Medical, Dental, Vision and Life insurance coverage, and on 12-01-06 upon City Council approval your coverage will change as follows: Medical — Health First HMO — Plan 24 (see attached coverage summary). $461.23 a month per employee. Dental — Compbenefits Dental PPO Elite Preferred plan 610 (see attached coverage summary). $24.74 a month per employee. Vision — Compbenefits Vision Care plan (see attached coverage summary). $5.74 a month per employee. Life Insurance & AD&D — MetLife 0.331 rate of $1,000 x salary. The City will be paying $491.71 per month per employee or $5,900.52 annually per participating employee for your coverage. (Does not include cost of life insurance and AD&D). If you have any questions about your new coverage or you need information on spouse or family rates, please contact Susan Stills. City Council will be considering the possibility of one of the following payroll deductions based on the health insurance premium. 1% - $2.13 per pay period, $55.35 annual. 2% - $4.26 per pay period, $110.70 annual. 3% - $6.39 per pay period, $166.04 annual. 4% - $8.52 per pay period, $221.52 annual. 5% - $10.64 per pay period, $276.64 annual. Outpatient physician services Classic HF24 Copayment Primary care physician (PCP) $15 Chiropractor (20 visits maximum per calendar year) $15 Podiatry $15 Women's health provider (Gynecological exams and maternity visits — $15 for maternity, copay applies to first visit only) Behavioral Medicine (Mental health — 20 visits maximum, alcohol/substance — 20 visits maximum) $35 In -office routine lab and x-ray $0 All other specialists $25 Sterilization $50 Preventive care (Annual physicals, well-child visits, osteoporosis screenings, $0 and annual screenings for breast, colorectal', cervical, prostate, and skin cancer) Allergy shots $5 Hospital services (Some services may require authorization) Inpatient admission — at Health First facility $200/day* Inpatient admission — at non -Health First facility $400/day Acute rehabilitation stays $250/day Mental health hospitalization (30 days maximum per calendar year) $200/day* Alcohol/substance abuse admission (detox and acute care only; 5 days maximum per calendar year) $200/day* Diagnostic services (lab, x-ray, imaging) $0 Outpatient surgery facility — if a Health First facility $150 Outpatient surgery facility — if a non -Health First facility $200 Emergency room services — rendered at a Health First facility $75 Emergency room services — rendered at a non -Health First facility $100 Outpatient imaging services (Requires authorization) CT, MRI, MRA, PET scans, and nuclear cardiology studies—rendered at Health First facility $50 CT, MRI, MRA, PET scans, and nuclear cardiology studies—rendered at non -Health First facility $75 Other services (Some services may require authorization) Skilled nursing facility (120 days maximum per calendar year) $0 Durable medical equipment ($2,000 maximum per calendar year) $0 Home health care (60 treatment days per referral) $0 Short-term rehabilitation $15 Hyperbaric oxygen therapy (per treatment) $50 Hospice (180 days maximum per calendar year) $0 Ambulance $0 Urgent care — within the service area $15 Urgent care — outside the service area $30 Maximums Out-of-pocket maximum — single/family $1,500/$3,000 Lifetime maximum Unlimited * $1,000 maximum per calendar year HF24 SMRY (1/2005) Note: This is a summary of benefits only. Consult your Certificate of Coverage for details. Health First yealth Plans 2/7/15/35/70 Benefits Member Responsibility Prescriptions filled at participating pharmacies (up to a 30 -day supply) Tier 1 $2 Tier 2 $7 Tier 3 $15 Tier 4 $35 Tier 5 $70 Prescriptions filled by home delivery (up to a 90 -day supply) Tier 1 $18 'Iter 2 $18 Tier 3 $40 Tier 4 $60 �- Tler 5 $185 Covered drugs Exclusions • Drugs on the formulary approved by Health First Health Plans. • Drugs, medicine or medication that, under Federal or state law, may be dispensed only by prescription from a participating physician or his/her authorized representative. • Drugs prescribed by a physician for the treatment of an injury or sicirness. • Drugs dispensed by a pharmacist. • Prescription refills. • Some drugs require proof of medical necessity and prior approval by Health First Health Plans. See drug list for details. • Drugs not on the formulary. • Drugs that do not, by Federal or state law, require a prescription (Le., overthecounter drugs). • Any legend drug for which a similar over-the-counter equivalent is available. • Any drug labeled 'Caution: limited by federal law to investigational use' or experimental drugs. • Any medication that is consumed or administered at the place it is dispensed. • Any prescription drug that costs less than its requited copayment. • Drugs for which the recipient is not charged. • Prescription drugs for procedures and services that We not covered. • Prescription orders fRed prior to the effective date or after the termination date of coverage. • Replacement of lost or damaged prescriptions. • Drugs not approved by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic law and regulations. • All new drugs approved by the FDA will be excluded from the preferred drug list/formulary unless the Health Plan Pharmacy and Technology Committee, in it's sole disc edon, decides to waive this exclusion with respect to a particular drug. • Rcfms in excess of the amount specified by the Participating Physician, reM filled prior to 75% of the prescription bas been used, or any rd iU dispensed after one (1) year from the order of the Participating Physician. 1080(6/04) Note: This Is a summary of benefits only. Consult your Certificate of Coverage and drug list for details. What is the drug list? Also called a "formulary" by doctors and pharmacists, the Drug List is an extensive list of safe and effective, FDA - approved, brand name and generic prescription drugs used to treat the most common medical conditions. The Health First Health Plans Pharmacy and Therapeutics Committee (P & T), a panel of physicians and pharmacists, developed our Drug List and updates it regularly. The list includes quality drugs available to you at reasonable cost. Only those medications that have successfully passed federally required clinical testing and evaluation and have been proven effective are included. The Pharmacy and Therapeutics Committee reviews and evaluates all available literature about a drug when updating the list. About tiers Most covered prescription drugs will be categorized into one of five tiers. The cost of drugs varies widely, even though several different medications may be used to treat the same condition. What you pay for the prescription depends upon what tier the drug is listed in. Health First Health Plans offers many benefit plans that can vary in coverage for each tier. Details about your specific benefit for each tier are included in the Health First Health Plans Summary of Benefits. • Tier 1— A select list of medications • Tier 2 — The majority of generic drugs available on the market • Tier 3 — Generally brand name drugs that do not have a generic equivalent available, and some expensive generic drugs. • Tier 4 — Brand name drugs that either: –have equally effective and less costly generic equivalents or –may have one or more alternatives in Tier 3 • Tier 5 — Brand name high-technology drugs that are generally the most expensive Generic drugs are prescription drugs that are identified by their chemical name. When the patent has expired on a brand name drug, the FDA permits new manufacturers to create an equivalent of the brand name drug and make it available to the public. Generally, more than one manufacturer will create generic versions, although often the same pharmaceutical firm that produces the brand name drug also makes the generic version. This prompts competitive pricing of the generic version and usually results in a less expensive drug. The following list includes the majority of drugs prescribed. * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 ** Specialty Medication restricted to Circles of Care Pharmacy Page 1 This list is not a complete list of all drugs covered under your benefit plan. For information about a specific drug not listed, please contact Customer Service. Health First Health Plans Customer Service is available Monday through Friday from 8 am to 5. TTY is available during the same hours. • Phone (321) 434-5665 • Toll free (800) 716-7737 • TTY relay (800) 955-8771 • E-mail hfhyinfo(aAhealth-first.or� Drug Name I Tier Allfen-DM 4 Allopurinol 2 Alocril 3 Alphagan P 3 Alprazolam 2 Altace 4 Amantadine HCL 2 Amaryl 4 Amcinonide 2 Amerge 3 Amidrine 2 Amiloride HCL w/HCTZ 2 Amiodarone HCL 2 Ami-tex LA 2 Amitriptyline HCL 2 Amitriptyline w/ er henazine 2 Amitriptyline/ chlordiazepoxide 2 Ammonium lactate 2 Amox tr/potassium clavulanate 2 Amoxicillin 1 Amoxicillin trihydrate 1 Amoxil 4 Amphetamine salt combo 2 Ampicillin trihydrate 2 Analprarr HC 3 Andehis�DM X Androderm Androgel Antara JPA Anucort-HC Anzemet -4 Apri 2 Aranesp PA- 5— Arava 5— Drug Name Tier Aricept 4 Arimidex 3 Armour thyroid 4 Arthrotec 50 4 Arthrotec 75 4 Asacol 3 Ascomp w/codeine 2 Astelin 3 Atacand 4 Atenolol 1 Atenolol w/chlorthalidone 1 Ativan 4 Atrovent inhaler 3 Atrovent nasal spray 4 Atrovent nebulizer solution 3 Atuss HC 4 Augmentin 4 Augmentin ES -600 4 Augmentin XR 3 Auroto 2 Avalide 4 Avandamet 3 Avandaryl 3 Avandia 3 Avapro 4 Avelox X Aviane 2 Avinza 4 Avodart 3 Avonex admin. pack X Axert 4 Azasan 4 Azathioprine 2 Azithromycin 2 Azmacort 4 Azopt 3 Azulfidine 4 Bacitracin 2 * Covered 100% with no member cost share X=E_rcluded PA=Prior Authorization required Revised 05/09/2006 Specialty Medication restricted to Circles of Care Pharmacy Page 2 1 ButalbitaVapap/caffeine 2 Butalbital/caff/apap/ codeine 2 Byetta PA -3 Caduet X Calan SR 4 Calcitriol 2 Camila 2 Capex shampoo 3 Capital w/codeine 3 Captopril 1 Captopril/ hydrochlorothiazide 1 Carac 3 Carbamazepine 2 Carbatrol 3 Carbidopa/levodopa 2 Carbofed DM 2 Cardizem CD 4 Cardura 4 Carisoprodol 2 Carmol 40 4 Camitor 4 Carteolol HCL 2 Cartia XT 2 Casodex 4 Catapres tabs. 4 Catapres-TTS 3 Cefaclor 2 Cefadroxil 2 Ceftin tablets 4 Cefuroxime 2 Cefzil 4 Celebrex 4 Celexa 4 Cellcept 4 Cenestin 2 Cephalexin 1 Cheratussin AC 2 Chlordiazepoxide HCL 2 Chlorhexidine gluconate 2 Chlorothiazide 2 Chlorpromazine HCL 2 Chlorthalidone 2 Chlorzoxazone 2 Cholestyramine 1 Cholestyramine light 1 Choline mag trisalicylate 2 Ciloxan opth. ointment 3 Inca Cytomel 3 Cytuss HC 2 Darvocet -n 100 4 Darvon 4 Ddavp 4 Denavir 3 Depakote 3 Depakote ER 3 Depakote sprinkle 3 Depo-testosterone 4 Derma-smoothe/FS 3 Desipramine HCL 2 Desmopressin acetate 2 Desogen 4 Desonide 2 Desoximetasone 2 Detrol 3 Detrol LA 3 Dexamethasone 2 Dextroamphetamine sulfate 2 Diazepam 2 Didofenac potassium 2 Diclofenac sodium 2 Didoxacillin sodium 2 Dicyclomine HCL 2 Diffeerin 3 Diflorasone diacetate 2 Diflucan 4 Digitek 2 Digoxin 2 Dilantin 4 Dilaudid 4 Diltia XT 2 Diltiazem HCL 2 Diovan 3 Diovan HCT 3 Diphenhydramine HCL 2 Diphenoxylate w/atropine 2 Dipivefrin HCL 2 Diprolene AF 4 Dipyridamole 2 Ditropan XL 3 Doryx 4 Dostinex 4 Dovonex 3 Doxazosin mesylate 2 Doxepin HCL 2 Drug Name i Tier, Doxycycline hyclate 1 Drituss HD 2 Duac gel 3 Duet 3 Duoneb 4 Duradrin 2 Duragesic 4 Duricef tablets 4 Dyazide 4 Dynacirc 3 Dynacirc CR 3 Econazole nitrate 2 Effexor 3 Effexor XR 3 Efudex cream 3 Efudex solution 4 Elavil 4 Elidel 3 Elocon 4 Enablex 3 Enalapril maleate 1 Enalapril maleate/HCTZ 1 Enbrel 5" Endocet 2 Endodan 2 Enpresse 2 Entab-DM 2 Entex ER 4 Enulose 2 Epipen 3 Epipen Jr. 3 Epivir 4 Epogen X Errin 2 Ery 2 Ery -tab 2 Erythrocin stearate 2 Erythromycin 2 Erythromycin base tabs 3 Erythromycin ethylsuccinate 2 Erythromycin -benzoyl peroxide 2 Esgic-plus 4 Eskalith CR 4 Estazolam 2 Estrace 4 Estraderm 3 Estradiol 2 * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 ** Specialty Medication restricted to Circles of Care Pharmacy Page 3 Inic Estradiol transdermal patch 2 Estratest 4 Estratest H.S. 4 Estropipate 2 Estrostep Fe 3 Ethambutol hydrochloride 2 Etodolac 2 Evista 3 Exelon 4 Factive 3 Famotidine 2 Famvir 4 Fast Take 3 Felodipine 2 Femara 4 Femhrt 3 Fioricet 4 Fiorinal w/codeine #3 4 Flecainide acetate 2 Flexeril 4 Flomax 3 Flonase 4 Florinef acetate 4 Flovent 3 Floxin 4 Fludrocortisone acetate 2 Fluocinolone acetonide 2 Fluocinonide 2 Fluocinonide -e 2 Fluoxetine HCL 1 Flurazepam HCL 2 Flurbiprofen 2 Fluticasone 3 Fluvoxamine maleate 2 Focalin 3 Foradil 3 Forteo PA - 5" Fortical 3 Fosamax 3 Fragmin PA - 5" Frova 4 Furosemide 1 Gabitril 4 Gemfibrozil 1 Genotropin X Gentamicin sulfate 2 Druc Geodon 4 Gleevec PA - 5" Glipizide 1 Glucophage 4 Glucophage XR 4 Glucotrol XL 4 Glucovance X Glyburide 1 Glyburide micronized 2 Grifulvin V tabs. 4 Guaifen PSE 2 Guaifenesin 2 Guaifenesin 600/pse 120 2 Guaifenesin LA 2 Guaffenesin w/codeine 2 Guaifenesin w/ seudoe heddne 2 Guaifenesin phenylephrine 2 Guaifenex DM 2 Guaifenex G 2 Guaifenex GP 2 Guaifenex LA 2 Guaifenex PSE 2 Guaifen-PSE 2 Guanfacine HCL 2 Guiatuss AC 2 Haloperidol 2 H -C Tussive 2 Hemorrhoidal HC 2 Histinex HC 2 Humalog X Humalog mix 75/25 X Humatrope X Humira 5" Humulin 70/30 X Humulin N X Humulin R X Hydralazine HCL 2 Hydrochlorothiazide 1 Hydrocodone bit- ibuprofen 2 Hydrocodone BT/ homatropine mbr 2 Hydrocodone compound 2 Hydrocodone w/acetamino hen 2 Drug Name Tier Hydrocodone w/ uaifenesin 2 Hydrocodone/ acetaminophen 2 Hydrocodone- acetaminophen 2 Hydrocortisone 2 Hydrocortisone wfiodo uinoI 2 Hydromorphone HCL 2 Hydro-tussin DM 12 Hydro-tussin HC 2 Hydroxychloroquine sulfate 2 Hydroxyurea 2 Hydroxyzine HCL 2 Hydroxyzine pamoate 2 Hyoscyamine sulfate 2 Hyzaar 3 Ibuprofen 1 Imipramine HCL 2 Imitrex 3 Indapamide 2 Inderal LA 3 Indomethacin 2 Inspra 4 Insulin syringe 3 Insulin syringe ultra fine II 3 Intal Inhaler 3 Ipratropium bromide nasal spray 2 Ipratropium nebulizer solution 2 Isosorbide dinitrate 1 Isosorbide mononitrate 2 Kadian 4 Kariva 2 K-dur 4 Keppra 3 Ketek 3 Ketoconazole 2 Ketoprofen 2 Ketorolac tromethamine 2 Kineret 5" Klaron 3 Idonopin 4 Mstalose 3 Kytril PA -4 Labetalol HCL 2 Lac -hydrin 4 Laclotion 2 Lactulose 2 Lamictal 4 Lancets 3 Lanoxin tabs. 4 Lantus 3 Lasix 4 Lescol 4 Lescol XL 4 Lessina 2 Leukeran 3 Levaquin DPA 3 Levemir 3 Levlen 28 4 Levlite-28 4 Levobunolol HCL 2 Levora-28 2 Levothroid 2 Levothyroxine sodium 2 Levoxyl 2 Lexapro 3 Lidocaine HCL 2 Lidocaine HCL viscous 2 Lidoderm 4 Lifescan 3 Lindane lotion 3 Lipitor 4 Lisinopril 1 Lisinopril -HCTZ 1 Lithium carbonate 2 Lithobid 4 Livostin 3 Lo/ovral-28 4 Loestrin 4 Loestrin Fe 4 Lonox 2 Loperamide HCL 2 Lopressor 4 Lopressor HCT 4 Loprox cream 4 Loprox gel 4 Lorazepam 2 Lortab 4 Lotemax 3 Lotensin 4 Lotensin HCT 4 * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 Specialty Medication restricted to Circles of Care Pharmacy Page 4 Drug Name I Tier Drug Name Tier Drug Name i Tier Drug Name Tier, Lotrel 3 Metoclopramide HCL 2 Neoral 4 One touch test strips® 3 Lotrisone 4 Metoprolol tartrate 1 Neupogen 5 " One touch ultra system " Lovastatin 1 Metrocream 4 Neurontin 4 One touch ultra test strips 3 Lovenox PA- 5" Metrogel 3 Nexium X Metrogel-vaginal 4 Niaspan 3 Optivar 3 Low-ogestrel 1 Metrolotion 3 Nifedical XL 2 Oramorph SR 2 Lumigan 3 Metronidazole 2 Nifedipine 2 Orapred 4 Lupron PA-* Miacalcin 3 Nifedipine ER 2 Orphenadrine citrate 2 Micardis 4 Nitro-dur 4 Ortho evra 4 Luxiq 3 Mi estin Fe 2 �9 Nitrofurantoin macr ocrystal 2 Ortho tri- cl cy en 4 Macrobid 4 Migrazone 2 Nitroglycerin 2 Ortho-cyden 4 Marinol 4 Migrin-A 2 Nitroglycerin transdermal 2 Ortho-novum 4 Mavik 3 Minitran 3 Nitrolingual 3 OT ultrafast tk cnbi soln 3 Maxair autohaler 3 Minocycline HCL 2 N"uick 2 Ovcon -35 4 Maxalt 3 Minoxidil 2 Nitrostat 4 Ovide 3 Maxalt MLT 3 Miralax 4 Nitrotab 2 Oxaprozin 2 Maxifed 4 Mirapex 3 Nizatidine 2 Oxazepam 2 Maxifed DM 2 Mircette 4 Nizoral 4 Oxistat 3 Maxifed-G 4 Mirtazapine 2 Norco 4 Oxybutynin chloride 1 Maxzide-25mg 4 Misoprostol 2 Nordette-28 4 Oxycodone HCL 2 Mebendazole 2 Mobic 4 Norditropin 5- PA** Oxycodone 2 w/acetamino hen Meclizine HCL 2 Moexipol HCL 2 Medroxyprogesterone 2 acetate Mometasone furoate 2 Norethindrone acetate 2 Oxycodone/apap 2 Monopril 4 Noritate 3 Oxycontin 4 Mefloquine HCL 2 Monopril HCT 4 Nor -Q -D 4 Pacerone 2 Megestrol acetate 2 Morphine sulfate 2 Nortrei 1 Patanol 3 Menest 3 Morphine sulfate IR 2 Nortriptyline HCL 2 Paxil 4 Mentax 3Norvasc Mycelex troche 4 4 Paxil CR 3 Meperidine HCL 2 p Mytussin AC 2 Novofine 30 3 Pegasys 5" Meperidine 2 w/ Nabumetone 2 Novofine 31 3 Peg 3350/electrolyte 2 promethazine Meprobamate 2 Meprobamate Nadolol 2 Novolin 70/30 3 Peg -intron PA- 5** N 3 Nap4 Meprozine 2 Pen needle 3 Penicillin V 1 Novolin R 3 Naproxen 1 Naproxen Meridia PA -3 Metadate CD 4 Naproxen sodium 1 Novolog 3 potassium Pentasa 4 Novolog mix 70/30 3 Nasacort 4 Metadate ER 4 Pentazocine and 2 naloxone HCL Nasacort 4 Metformin HCL 1 29m Nasarei 29mcg. 3 Nutri aNulytelt 2 Metformin ER 1 Pentazocine/naloxone 2 Methadone HCL 2 Nasonex 3 Nutropin X pentoxifylline 2 Methadose 2 Natalcare 2 Nuvaring 4 Percocet 4 Methimazole 2 Natatab 2 Nystatin 2 Pergolide mesylate 2 Methocarbamol 2 Necon 1 Nystatin w/triamcinolone 2 Periogard 2 Methotrexate 2 Neo/polymyxin/ 2 dexamethasone Nystop 2 Periostat 4 Ocuflox 4 Methyldopa 2 Phenazopyridine HCL 2 Neomycin sulfate 2 Olux 4 Methylin 2 Phenergan 4 Neomycin/polymyxin/ 2 dexameth Omeprazole X Methylin er 2 phenobarbital 2 Omnicef 3 Methylphenidate HCL 2 Neomycin/ 2 polymyxin/gramicidin One touch basic system9 phentermine PA -2 Methylprednisolone Phenytoin sodium, 2 extended One touch lancets 3 Metipranoloi 2 Neomycin/polymyxin/HC 2 * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 ** Specialty Medication restricted to Circles of Care Pharmacy Page 5 Drug Name Tier Phoslo 3 Phrenilin forte 4 Pilocarpine HCL 2 Piroxicam 2 Plavix 3 Plendil 4 Pletal 4 Polymyxin B suV trimetho rim 2 Portia 2 Potassium chloride 1 Prandin 3 Pravachol 4 Prazosin HCL 2 Precare 3 Precare prenatal 3 Precose 3 Prednisolone 2 Prednisone 2 Premarin tabs. 2 Premarin vaginal cream 3 Premesis RX 3 Premphase 3 Prempro 3 Prenatal optima advance 2 Prenatal RX 2 Prenate GT 4 Prevacid 4 Prevident 5000 plus 4 Prevpac 4 Prilosec X Primacare 3 Primidone 2 Principen 2 Prinivil 4 Proamatine 4 Probenecid 2 Procainamide HCL 2 Procardia XL 4 Prochlorperazine maleate 2 Procrit PA - 5" Proctofoarn•HC 3 Proctosol-HC 2 Proctozone-HC 2 Progesterone 3 Prograf 4 Promacet 4 Promethazine HCL 2 Drug Name Tier Promethazine VC 2 Promethazine VC w/codeine 2 Promethazine w/codeine 2 Promethazine w/DM 2 Promethegan 2 Prometrium 3 Propafenone HCL 2 Propoxyphene HCL 2 Propoxyphene HCL w/a a 2 Propoxyphene napsylate w/a a 2 Propoxyphene napsylate- as 2 Propranolol HCL 1 Propranolol HCL w/HCTZ 1 Propylthiouracil 2 Proscar 3 Protonix 4 Protopic 4 Proventil HFA 2 Provera 4 Provigil 4 Prozac 4 Pulmicort 3 Pulmozyme PA - 5' Purinethol 4 Q -bid LA 2 Q -bid -DM 2 Quinapril 2 Quinidine gluconate 2 Quinine suffate 3 Quixin 3 Ranitidine HCL 2 Rebetol * *' Rebif X Regranex PA - 5* Relagard 4 Remeron 4 Remeron soltab 4 Reminyl 4 Renagel 3 Requip 4 Rescon MX 4 Restoril 4 Retin-A micro PA -3 1 Drug Name j Tier Rhinocort aqua 3 Rifampin 2 Risperdal 4 Ritalin 4 Ritalin LA 3 Rosanil 4 Rowasa 4 Roxicet 2 Rx -otic 2 Saizen X Salagen 4 Sanctura 3 Sandostatin 5** Sandostatin LAR 5** Seasonale (2 copays) 4 Selegiline HCL 2 - Selenium sulfide 2 Serevent 3 Serevent diskus 3 Seroquel 4 Serzone 4 SF 5000 plus 2 Silver sulfadiazine 2 Singulair 3 Skelaxin 4 Sodium chloride 2 Sodium sutfacetamide/sulfur 2 Softdix 3 Solaraze 3 Sotalol 2 Spiriva 3 Spironolactone 2 Spironolactone w/HCTZ 2 Sprintec 2 SPS 2 SSD 2 Stadix 3 Strattera 3 Sucralfate 2 Sular 1 Sulfacetamide sodium 2 Sulfamethoxazole/ bimetho rim 1 Sulfasalazine 2 Suthmine EC 2 Sulindac 2 Suprax I X Surestep 1 3 Sustiva 4 Su-tuss HD 2 Symbiax 4 Symlin PA -3 Synagis PA* Syntest D.S. 2 Syntest H.S. 2 Synthroid 2 Tamoxifen citrate 2 Tarka 4 Tazorac 4 Taztia XT 9 I egretol 4 Tegretol XR 3 Temazepam 2 Temodar 5'* Tenormin 4 Tenuate dosepan tab. PA -4 Tequin 3 Terazol 3 vaginal supp. 3 Terazol 7 cream 4 Terazosin HCL 2 Testosterone 3 Tetracydine HCL 2 Theo-24 3 Theophylline anhydrous 2 Thiothixene 2 Thyroid 2 Thyrolar -1 3 Tiazac 4 Tidopidine HCL 2 Timolol maleate 2 Timoptic-XE 4 Tizanidine HCL 2 Tobradex 3 Tobramycin sulfate 2 Topamax 4 Toprol XL 3 Torsemide 2 Tramadol HCL 2 Transderm scop patches PA -4 Travatan 3 Trazodone HCL 1 Tretinoin PA -2 Triamcinolone acetonide 2 Triamterene w/HCTZ 1 Triaz lotion 3 Triazolam 2 * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 ** Specialty Medication restricted to Circles of Care Pharmacy Page 6 Notes Drug Name T, Uniphyl 2 Unirelic 3 Univasc 3 Urecholine 4 Urocit l< 3 Ursodiol 2 Usept 2 Uroxatral X Vagifem 3 Valium 4 Valproic acid 2 Valtrex 3 Vasotec 4 Verapamil HCL 2 Verelan PM 3 Vesicare 3 Vicodin ES 4 Vicoprofen 4 Vinate GT 2 V-Q-tuss 2 Drugs needing prior HFHP authorization: Some covered drugs require proof of medical necessity from the physician before filling the prescription. In order for the plan to pay for these drugs, the physician ordering the prescription is required to submit all medical information to Health First Health Plans documenting the medical necessity. These drugs are identified in the Drug List. Excluded drugs: Health First Health Plans does not provide coverage for all drugs. In addition to the drugs marked "excluded" in this drug list, newly FDA approved drugs are not covered unless the P & T Committee in its sole discretion approves these drugs for coverage. Health First Health Plans will automatically exclude a particular drug if a generic version becomes available, and an entire class of drugs if a particular drug within that class becomes available over the counter. The following are NOT covered by HFHP: • Compounded drugs • Cosmetics or any drugs used for cosmetic purposes (such as Retin-A, Rogaine, Topical Minoxidil, and Vaniqa) • Diabetic supplies, blood glucose monitors and test strips other than those manufactured by Johnson & Johnson under the product name One Touch meters® and test strips® • Erectile dysfunction drugs (such as Viagra) * Covered 100% with no member cost share X=Excluded ** Specialty Medication restricted to Circles of Care Pharmacv Page 7 • Infertility drugs (such as Clomid) and abortive drugs such as Plan B and RU486 • Injectables (except insulin, Imitrex, and those requiring prior authorization) • Multivitamins and nutritional supplements (except prescription pre -natal vitamins) • Nicotine products • Nonprescriptive supplies or substances • Oral and topical antifungals for onychomycosis (such as Lamisil, Sporanox, and Penlac) • Outpatient drugs for influenza (such as Tamiflu and Relenza) • Over-the-counter medications (such as Lotrimin, Zantac 75, Pepcid AC), or any drug for which a similar over-the- counter version is available • All new drugs approved by the FDA will be excluded from the preferred drug list/formulary unless HFHP's Pharmacy and Therapeutics Committee, in it's sole discretion, decides to waive this exclusion for a particular drug. • Sleeping agents (such as Ambien and Sonata) Support garments Syringes, needles, or other disposable supplies (except those used with insulin) PA=Prior Authorization required Revised 05/09/2006 NOTE: If your plan offers mail service for covered drugs, our mail order pharmacy, Medco Health Solutions, offers excluded drugs at a discount through their home delivery Subject to change service. For more information, visit ww.medcohealth.com. * Covered 100% with no member cost share X=Excluded PA=Prior Authorization required Revised 05/09/2006 ** Specialty Medication restricted to Circles of Care Pharmacy Page 8 If you need urgent care after normal office hours and your primary care physician (PCP) isn't available, think about visiting a participating urgent care center. For life's little surprises like stitches over the holidays or a weekend ear ache, it could save you time, money, and be more convenient than going to a hospital emergency room. There's an urgent care center located near you, r and no appointments are necessary. Of course, in the event of a serious emergency please call 911 or go to a hospital emergency room. Your health is our most important concern. See your provider directory for more information. Atlantis Urgent Care Center/Walk-In Clinic Mon.—Sat. 9 am to 6 m 2194 Highway A IA, Unit 106 p . , Sun. 10 am to 5 m Indian Harbour Beach, FL 32937 p 321-777-2273 Health First Physicians 105 South Banana River Blvd. Mon. -Fri. 8 am to 7:30 pm Cocoa Beach, FL 32931 Sat. 9 am to 3:30 pm 321-868-8313 Sun. 9 am to 12:30 pm (Not closed for lunch.) Omni Urgent Care Center 2501 West New Haven Ave. Mon.—Fri. 8 am to 6 pm Melbourne, FL 32901 321-723-9411 Premier Urgent Care Clinic 6300 North Wickham Rd., #101 Mon.—Fri. 8 am to 5 pm Melbourne, FL 32940 Sat.—Sun. 9 am to 5 pm 321-253-2169 Royal Oaks Medical Center 1855 Knox McRae Dr. Mon.—Fri. 8 am to 8 pm Titusville, FL 32780 Sat.—Sun. 9 am to 5 pm Health First 321-269-2028 Plans Sinai ClinicHealth 2070 US Highway 1, Unit 102 Mon., Wed.—Fri. 9 am to 7 pm Rockledge, FL 32955 Tues. 9 am to 6 pm • i Sat. 9 am to 6 pm 321-637-0033 Sun. 10 am to 5 pm Health First Health Plans Customer Service 6450 US Highway 1 M -F, Sam -spm 321.434.5665 Rockledge, Florida 32955 Sales 321.434.4343 Toll-free 800.716.7737 healthfirsthealthplans.org TDD relay 800.955.8771 Dedicated to your good health E-mail hfhpinfoChealth-first.org 1128(2/06) A Health First Health Plans Dedicated to your good health 1130(2/06) Your health care in know you're also it positive lifestyle ch Services program. ' exclusive access to Pr-Heaith & F Receive discounts locations. Also, enr members who join Health Plans memo • Melbourne — ( • Merritt Island cludes more than just care when you're W. We tterested in keeping healthy and fit, and making Dices. That's why we offer our Value -Added You'll save money with discounts and have a variety of health and fitness related services. itness Center )n monthly membership fees at any of our three ailment fees will be waived for new Pro -Health within the first 60 days of becoming a Health First er. For more information about Pro -Health, call i 1 E. Sheridan Road (434.7149) - 255 Borman Drive (434.5801) • Palm Bay — 5270 Babcock street NE (722.5943) The Spa at Pro -Health & Fitness Center Enjoy a 10 percent discount on therapeutic and beauty treatments at our Merritt island and Melbourne day spas. Health First Integrative Wellness Enjoy discounts on a variety of massage therapy, acupuncture, and other complementary medicine and pain and stress relief methods.; - Health First Integrative Wellness is located on the third floor of the Melbourne Pro -Health & Fitness Center behindIbe Spa. For more information or to schedule an appointment call 434.1810. Health Dialog Health Coaches -- New for 2W*I We're proud to introduce this free service that gives you personal support with the information, motivation, and confidence to navigate the healthcare system and discuss options with your physician. Through this program, you can talk to a Health Coach — a trained health professional — 24/7, receive personalized check-in calls, get additional information mailed to your home, and log in to the secure Health Dialog web site for online health tools. To get started, visit healthfirsthealthplans.org or call Health Dialog at 800.308.5848. Tri -Fit weight management program Tri -Fit is a comprehensive approach to helping you reach a healthy weight. A team of health professionals and exercise specialists work together with you to help you achieve your goal. Ask your doctor for details or call our case manager at 434.5645 (may not be included with all plans). Incomparable customer service Our responsive customer serviceteam stands ready to answer your questions via phone, e-mail, or in person. We're centrally located right here in Brevard, so you can meet with us in person if you'd like. We also have an automated phone service for 24/7 self service. Health First Health Plants Customer Service 6450 US Highway 1 M -F, Sam -Spm 321.4345665 Rockledge, Florida 32955 Sales 321.434.4343 Toll-free 800.716.7737 healthfirsthealthplans.org TDD relay 800.955.8771 E-mail hfhpinfo@health-first.org Health First Health Plans Dedicated to your good health 1129(2/06) Specialty tar* Health First Health Plans is proud to offer "open access"— that means you don't need referrals to see specialists in our network. It also means you can enjoy the benefits of having more choice, more flexibility, and more convenience. (Important note: Although Health First Health Plans does not require you to get a referral, many specialists may ask you to get one from your primary care physician to ensure your care is coordinated effectively.) Getting established with your PCP Even though we don't require primary care physician (PCP) referrals to see specialists, we still encourage you to "get established" and regularly see your PCR Being established means You've seen your PCP within a certain amount of time (usually within the past year; but it can vary), and the office already has your up-to-date records. If you've seen your doctor before but aren't sure if you're established, call and ask. • If you're choosing a new PCP (or haven't been seen in a long time), make an appointment to get established, and ask your former doctor(s) to transfer your old records to your new PCP Collecting and updating information about your medical history is important, so it's best to do this when you're healthy and the office can devote extra time to you. Then if vou —t sick and need care, your doctor will be able to see you more quickly and your records will already be available. Also, by being established with a network PCP, you'll be able to receive care from the doctor you've chosen in the event he or she is no longer accepting new patients. Your PCP can best coordinate all aspects of any care you may receive from other providers, and also keep track of all your medications to reduce the chance of any complications. Plus, your PCP can often help you choose a specialist and schedule appointments more quickly. For more information about physicians in our network, their credentials, addresses, and phone numbers, see your Provider Directory, visit our web site, or call Customer Service. Health First Health Plans Customer Service 6450 US Highway 1 M -F, 8am-5pm 321.434.5665 Rockledge, Florida 32955 Sales 321.434.4343 Toll-free 800.716-7737 healthfirsthealthplans.org TDD relay 8W.955.8771 E-mail hfhpinfo@health-first.org The PPO plan offers a variety of benefits with set reimbursement amounts. You pay the provider for services at the time of your appointment. Claim payments are then made to you or your provider. The plan features: • Freedom to choose any dentist • Quick claims turnaround • National coverage Frequently Asked Questions How can I reduce Out -of -Pocket Expenses? By using one of our PPO Providers, you have the benefit of reduced out-of-pocket expenses. You also receive the additional peace of mind of knowing that our providers go through an extensive credentialing process. How does the plan work? 1. The PPO plan allows you to seek treatment from any licensed dentist. 2. Once services are performed, you or your dentist must file a claim form in order to receive reimbursement. 3. Your claim will be paid based on your group's schedule of benefits. Benefits will be payable after your deductible and coinsurance (if applicable) are satisfied. Your plan also has an annual limit on benefits available. -he dentist may agree to file your insurance claim for you. However, if .e/she does not, you may be required to pay the entire bill at the time services are rendered and submit a claim to CompBenefits for reimbursement. Where should I send my claims? Claim forms can be obtained from your Group Benefits Administrator or CompBenefits Member Services and should be sent to: CompBenefits Claims PO Box 8236 Chicago, IL 60680-8236 Your provider may also file your claims electronically. What is a predetermination? A predetermination of benefits can help you understand what benefits will be paid for your proposed treatment plan. It explains what is covered, how much CompBenefits will reimburse for the treatment and what your portion of the cost will be. When is a predetermination needed? If a planned treatment is going to cost over $200, it is highly recommended that you ask the dentist to file for predetermination of benefits before services begin. This will ensure that you know CompBenefits' responsibility, as well as your own, before treatment starts. How can I get more information? You may contact CompBenefits with any questions or concerns at 1-800-342-5209, M -F 8 am -6 pm EST. You may also locate us on the reb at www.mvcomr)benefits.com. e... r benef its Dental PPO Overview Elite Preferred 610 with Ortho Monthly rates for: City of Cape Canaveral Effective date: December 1, 2006 Employee $24.74 Employee + Spouse $50.74 Employee + Children $56.48 Employee + Family $91.04 Type I — Diagnostic & Preventive Services Reimbursement Oral Exam In Out of Prophylaxis Network Network* Topical Flouride 100% 100% X -Rays Sealants Space Maintainers Type 11 — Basic Services Reimbursement Simple Restorative In Out of Periodontics Network Network* Emergency Palliative Treatment 80% 80°0 Tooth Extraction Endodontics Type III — Major Services Reimbursement (0 month waiting period) In Out of Major Restorative Network Network* Bridge, Denture Repair 50% 500% Prosthetics Type IV — Orthodontics Reimbursement (12 month waiting period) In Out of Dependent children 18 years of age or younger Network Network* 50% 50% MAXIMUM BENEFITS In Out of Network Network Lifetime Type I, II, III .................................................... Unlimited Unlimited Type IV .......................................................... $1,000 $1,000 Calendar Year Type I, II, III .................................................... $1,000 $1,000 TypeIV .......................................................... $500 $500 Deductible $150 per family maximum Type I ............................................................ Waived Waived Type II, III, IV ................................................... $50 $50 Exclusions and[T.'amy overage based on contracted fees for the Preferred Provider Network. Limitations e served on the employer's immediately preceding group dental plar be credited towards this plan's waiting periods, subject to Underwriting proval. Certain exclusions and limitations apply. This schedule shows only a few of the covered procedures. Please see your Benefit Administrator for a complete schedule. This schedule is intended for comparison purposes only. The benefits for each plan will be determined by the contract. ,ionCare Plan offers you and your family an itstanding benefit plan that covers all routine eye care, including eye exams and eyeglasses (lenses and frames) or contacts. The plan features: In -network and out -of -network benefits Enhanced in -network benefits National panel of optometrists and ophthalmologists Frequently Asked Questions How does the plan work? The plan is easy to use! 1. Obtain a Benefit Form from CompBenefits by calling the Member Services Department (1-800-865-3676) or visiting online at www.visioncare.com. 2. CompBenefits will send you a personalized Benefit Form that outlines your benefits, along with a list of providers. Then schedule your appointment. 3. Give the Benefit Form to the doctor during your first visit. You'll pay any co -payments at that time. You have nothing more to do! The doctor provides you with services ` ,d bills CompBenefits directly for the balance of your bill. ince the plan is designed to meet your eye care needs, optional upgrades (like frames costing more than the plan limits, progressive lenses, or contacts that are not medically necessary) will cost extra. However, since all upgrades are on a wholesale basis, your cost will be lower than what you would pay on your own. What are the advantages of using a network provider? CompBenefits' national network of providers provides you with one- stop shopping. You'll receive eye exams and materials and pay nothing more than your co -payment (cosmetic options will include additional charges). What if I want to see a provider not in your network? If you prefer, you can visit a non -network doctor. You will pay the doctor's regular charges, and CompBenefits will reimburse you according to the plan's non -network benefit schedule. How can I get more information? You may contact CompBenefits' Member Services Department with any questions or concerns at 1-800-865-3676, M -F 8am-6pm EST. You may also locate us on the web at www.mvcompbenefits.com. r compbenef its VisionCare Plan Overview Monthly rates for: City of Cape Canaveral Effective date: December 1, 2006 Employee $ 5.74 Employee + Family $14.17 Rates are guaranteed for two years. Plan Exam every 12 months Frequencies Lenses every 12 months Frames every 24 months Co -payment for each member at the time of service Exam $10 Maximum Allowances Network Provider (after co -payments; up to plan limits) Non -network Eye Exam Paid in full $30 Lenses (per pair) Single Paid in full $20 Bifocal Paid in full $40 Trifocal Paid in full $60 Lenticular Paid in full $100 Contact Lenses Elective (exam & lenses) $120** $120** Medically necessary* Paid in full $150 Frame $35 wholesale $35 retail Lasik*** Members will receive a discount No benefit if Services are rendered by a TLC Network provider and they will pay no more than $1800/eye. * Medically necessary (prior authorization required) is defined as 1) following cataract surgery w/o intraocular lens; 2) correction of extreme visual acuity problems not correctable with glasses; 3) anisometropia greater than 5.00 diopters and asthenopia or diplopia, with spectacles; 4) Keratoconus; or 5) monocular aphakia and/or binocular aphakia where the doctor certifies contact lenses are medically necessary for safety and rehabilitation to a productive life. **This allowance is paid with the same frequency as lenses, in place of all other benefits. ***Plan members must first contact CompBenefits for a list of providers and tc receive a Refractive Care ID card. This schedule shows only a few of the covered procedures. Please see your Benefit Administrator for a complete schedule. This schedule is intended for comparison purposes only. The benefits of each plan will be determined by the contract. For a complete listing of benefits, exclusions, and limitations, please reference your certificate of coverage. Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Considerations Item 12 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE WITH BREVARD COUNTY DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider approval of an interlocal agreement for traffic signal maintenance with the Board of County Commissioners of Brevard County as recommended by the public works director. Summary Explanation & Background: The term of the agreement is for five (5) years. See attached memo and interlocal agreement. I recommend approval. Exhibits Attached: Public Works Director's memo; Interlocal Agreement City Mana ffice f . / Department PUBLIC WORKS/STREETS 7 % e cape- m\mydoc ent a council\meeting\2006\10-03-06\traffic.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: September 25, 2006 SUBJECT: City Council Agenda Item for October 3, 2006 Brevard County Interlocal Agreement — Traffic Signal Maintenance Agreement The City of Cape Canaveral has three traffic signals within the City that Brevard County and/or its contractor provides maintenance. City Council approved a maintenance agreement on March 21, 2000. This agreement was amendment to add the indemnification clause that was inadvertently omitted from the original agreement. In addition, there is an updated hourly rate for their employees. Attached is a new five -5 years Interlocal agreement with Brevard County for Traffic Signal Maintenance. Brevard County has provided the City with excellent service. Funds have been budgeted and are available within the operating budget. The estimated cost for this services is about $2,000 a year. The hourly rate increased should not reflect any funding problems. Recommend the approval of Brevard County Interlocal Agreement for Traffic Signal Maintenance. Attachment CC: File BREVAR BOARD OF COUNTY COMMISSIONERS TRANSPORTATION ENGINEERING DEPARTMENT TRAFFIC ENGINEERING 2725 Judge Fran Jamieson Way A211 Viera, Florida 32940 September 1, 2006 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 FLORIDA'S SPACE COAST Re: Interlocal Agreement - Traffic Signal Maintenance Dear Mr. Boucher: Telephone: (321) 633-2077 Fax: (321) 637-5471 Enclosed for your review, approval and subsequent execution by the appropriate city officials are four copies of an Interlocal Agreement between the County and the City of Cape Canaveral covering traffic signal maintenance for three (3) signals in Cape Canaveral. The rates for these services are detailed on Attachment A of the Agreement. The standby rate was calculated using the ratio of the signals maintained on behalf of your city vs. the total number of signals maintained by the County. This proposed agreement expires five (5) years from the final date of execution by both parties, but may be cancelled by either party upon 30 day's written notice. The proposed Agreement has been reviewed and approved by the Brevard County Attorney's Office. Please forward all four copies of the executed agreement to our office within the next thirty (30) days of the date of this letter for subsequent execution by the Board of County Commissioners. After the Agreement has been executed by all parties, a fully executed copy of the Agreement will be returned to you for your records. Please let us know if you need any additional information or clarification. Sincerely, ina Anderson Operations Specialist I /ta Enclosure PRINTED ON RECYCLED PAPER INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of , 200 by and between the CITY OF CAPE CANAVERAL, Brevard County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "City", and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" WITNESSETH: WHEREAS the County has entered into an agreement with a signal maintenance contractor, hereinafter referred to as "Contractor" for maintenance and construction of traffic signals within Brevard County, and WHEREAS the City desires to "piggy back" the agreement between Brevard County and its Contractor, and to have County staff perform maintenance and/or oversee the Contractor on behalf of the City, IT IS THEREFORE agreed as follows: STATUTORY CITE This agreement shall be considered an interlocal agreement pursuant to the State of Florida Statutes, Chapter 163, Part 1, 2006. 2. SCOPE OF WORK The County and/or the Contractor shall provide all requested routine and emergency maintenance to Three (3) existing traffic signals and all new traffic signals as they become activated, located in CAPE CANAVERAL, and to oversee the Contractor on behalf of the City. The County and/or the Contractor shall also perform other aerial maintenance tasks, i.e. maintenance on overhead signs, and roadway lighting luminaries as requested by the City and agreed to by the County. Such aerial maintenance may be at any location under the jurisdiction of the City and agreed to by the County. It is understood that these tasks shall be performed by the County when time is available, and that signal maintenance shall take precedence over other types of aerial maintenance. A. ROUTINE MAINTENANCE It is understood that the County will perform at least three (3) preventive maintenance inspections of each City traffic signal installation annually and will re -lamp each traffic signal installation every other year to provide optimal service and minimize the number of maintenance calls. 3. TERM OF AGREEMENT The period of this Agreement shall be for five (5) years from the final date of execution by both parties. 4. CANCELLATION CLAUSE This Agreement may be canceled by either party upon 30 days prior notice to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 5. ASSIGNABILITY This Agreement in non -transferable and non -assignable in whole or part without the consent ofthe County. 6. CONSTRUCTION OF AGREEMENT The parties hereby acknowledge that they have fully reviewed this Agreement and its attachments, and have had the opportunity to consult with legal counsel of their choice, have participated in the negotiating and drafting of this Agreement and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement. 7. MODIFICATION CLAUSE No modification of this Agreement shall be binding on the County or the City unless reduced to writing and signed by authorized representatives of the County and City. 8. NOTICE Any and all notices required under this Agreement shall be in writing and sent to the following addresses, by US Postal Service, certified, return receipt requested: Brevard County Traffic Engineering 2725 Judge Fran Jamieson Way, Bldg. A Viera, FL 32940 9. ENTIRETY CLAUSE City of Cape Canaveral Street Division PO BOX 326 Cape Canaveral, FL 32920 This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein. The proposed Agreement between the County and the Contractor will become a part of the Agreement and be incorporated herein. 2 10. SEVERABILITY In the event a court of competent jurisdiction determines any sentence, provision, paragraph or section of this Agreement to be null and void, the remaining parts of this Agreement shall continue in full force and effect as though such sentence, provision, paragraph or section had been omitted from said Agreement. 11. VENUE Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County, Florida. 12. INDEMNIFICATION The County agrees to indemnify and hold harmless the City and its employees from all claims, losses and expenses, including attorney's fees and costs, arising out of or resulting from the performance of the services to be contracted, provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death or personal injury, or to property damage, including loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the County or arises from a work-related injury to any of the County's employees. The County acknowledges adequate consideration for this agreement. The City agrees to indemnify and hold harmless the County and its employees from all claims, losses and expenses, including attorney's fees and costs, arising out of or resulting from the services provided under this agreement provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death or personal injury, or to property damage, including loss of use of property, and (2) is caused in whole or in part by any negligent act or omission of the City, arises from a work-related injury to any of the City's employees, or is caused in whole or part by any equipment or part the City provides for installation. The City acknowledges adequate consideration for this agreement. 13. WAIVER No delay or failure on the part of any party hereto to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof or preclude such party from the exercise thereof at any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. 14. ATTORNEY'S FEES In the event of any legal action to enforce the terms of this contract, each part shall bear its own attorney's fees and costs. This provision shall not be interpreted to be a pledge of ad valorem tax revenues. 3 15. DEFAULT Either party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. 16. EFFECTIVE DATE Pursuant to Section 163.01(11) Florida Statutes, the effective date of this contract shall be the date on which this instrument is recorded in the Public Records of Brevard County, Florida. 17. RIGHT TO AUDIT In the performance of this Agreement, the Contractor shall keep books, records and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All documents, papers, books, records and accounts made or received by the contractor in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the Grantee for a period of three (3) years after termination of this Agreement, unless such records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1) Florida Statutes. 18. PROCEDURE A. Emeraencv Sienal Maintenance The City shall contact the County Central Dispatch Center (Civil Defense) (321-633-1737) to request traffic signal maintenance. The County will respond to requests for maintenance and, if possible, make repairs. If repairs cannot be performed by County personnel, the County will authorize the Contractor to perform the repairs. Major repairs will not be undertaken without the approval of the City. The City shall provide a primary emergency contact, and two (2) backup emergency contacts for emergency calls. The Contractor will submit a separate invoice for work performed on City maintained traffic signals to the City, with a copy to the County. The County shall review the Contractor's invoice for accuracy and shall submit a payment recommendation on the Contractor's invoice. The County will submit a statement using agreed upon rates in Attachment 'W', periodically to the City for maintenance work performed by County personnel. The City shall be responsible for payment of Contractor invoices directly to the Contractor. El B. Other Aerial Maintenance The City shall notify the County in writing, either by Notice to Proceed or City purchase order, of the work to be performed. The County will respond to requests for maintenance and perform the maintenance when time is available. 19. MAINTENANCE OF TRAFFIC The County or the Contractor shall be responsible for maintaining safe traffic ;'flow in accordance with Florida Department of Transportation Roadway and Traffic Design Standards most recent edition and any other applicable references. In the event law enforcement is necessary to maintain traffic, the City shall, at its sole expense, arrange for law enforcement. 20. EQUIPMENT AND STOCK The City reserves the right to supply new and/or reconditioned parts to the County for installation. The City will be responsible for the installation of any necessary telephone drops in the master cabinet and shall pay the monthly charges for such telephone drops. 21. AUTHORIZED PERSONNEL The personnel authorized by the City and the County to perform maintenance shall be limited to the County's Traffic Systems Technician(s), the County's Traffic Sign/Signal Technician(s) and the Contractor or any other personnel agreed upon by the City and County in an emergency. The charges for the services of such emergency personnel shall be computed using the rate on the attached schedule, which is closest to the actual expenses of that employee, and shall not exceed the highest rate in the attached schedule. 22. COMPENSATION The City shall compensate the County for maintenance in accordance with Attachment "A" and shall compensate the Contractor in accordance with the Agreement between the County and the Contractor. Compensation will be made to the nearest one- half hour and may include travel time to the work site. Emergency call outs performed after hours shall be compensated from portal to portal, all time associated with travel to and from the location and time spent repairing emergency. The County's compensation schedule may be adjusted upon thirty (30) days written notice to the City. The Contractor's compensation schedule may be adjusted in accordance with the Agreement between the County and the Contractor. Compensation adjustment shall be based on material cost variation or other relevant economic conditions, sufficiently documented by the requesting party. Either party may request a compensation adjustment. Failure to 5 agree upon compensation adjustments may constitute mutually agreed upon termination of this Agreement. Regular time work shall be work that was performed between the hours of seven thirty o'clock (7:30) a.m. and four (4:00) p.m., Monday through Friday. Overtime work shall be work that was performed during those hours not defined as regular time. Holidays will be charged at the overtime rate. Holidays are defined as those days officially designated as holidays by the Brevard County Board of County Commissioners. Work that is initiated during regular time, completed during overtime, and required more than one (1) hour of effort during overtime to complete, will be partially compensated at the overtime rate, based upon the prorated share of work completed during overtime. The City shall pay to the County the actual cost of all materials furnished by the County, associated with maintenance activities, which are an integral part of the finished work. Standby personnel are assigned to respond to all after hour calls for the County and the City. Due to the number of traffic signals within the County system and the City systems, there may be times that it is more beneficial to the County and City to have an additional Traffic- Signal Technician on call to provide timely response. In the event it becomes necessary to place a second employee on call, the standby rate would double for that period of time and the cost would be shared on a pro rata basis. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Scott Ellis, Clerk Helen Voltz, Chairman As Approved by the Board on ATTEST: CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA 0 BREVARD COUNTY TRAFFIC ENGINEERING These rates are subject to change according to changes in salaries, benefits, maintenance and equipment prices without notice. ATTACHMENT A Effective 1/1/06 REG OT Traffic Si sn/Si nal Tech 20.32 Bailey 23.72 Buckner Craig Kennedy Hess Jenkins Rodden Feather Traffic Signal Tech 1 25.01 Anderson 30.15 Holstein Marasco Traffic Signal Tech II 27.79 Simmonds 34.22 Cotter LaRoche Taormina Traffic Signal Tech 111 36.59 Graham 47.40 Kemmerlin Mihalich Vehicle per call 11.00 Bucket Truck per call 88.50 Administrative Fee 18.00 These rates are subject to change according to changes in salaries, benefits, maintenance and equipment prices without notice. Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Considerations Item 13 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR THE TRANSFER OF N. ATLANTIC AVENUE, RIDGEWOOD AVENUE AND CENTRAL BLVD. DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the approval of the Interlocal Agreement with Brevard County for the transfer of N. Atlantic Avenue, Ridgewood Avenue and Central Blvd. to the city. Summary Explanation & Background: Paragraph (3) of the agreement outlines what will occur prior to the transfer of these roadways to the city. Also attached is the public works estimate for repaving Ridgewood Avenue. Please advise. Exhibits Attached: Interlocal Agreement City Man --s--Office Department PUBLIC WORKS/STREETS c im\mydoc men s\ n council\meeting\2006\10-03-06\transfer.doc RIDGEWOOD REPAVING Item Unit Unit Cost Quantity Total Remove/Replace Curb Linear Foot $100 100 $10,000 Milling/Cleanup" NA NA 1 $75,000 Pave (1 1/4 S-3) Ton $71.71 1,500 $107,565 Maintenance of Traffic" NA NA 1 $10,000 $202,565 " - Estimated value - roadway is 6,600 feet. Z- U �J��GL/ _ M BOARD OF COUNTY COMMISSIONERS U FLORIDA'S SPACE COAST TRANSPORTATION ENGINEERING DEPARTMENT 2725 Judge Fran Jamieson Way, Bldg. A., Rm. 204 Viera, Florida 32940 September 7, 2006 Mr. Bennett Boucher City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 617-7202 FAX: (321) 633-2083 Re: N. Atlantic Avenue, Ridgewood Avenue and Central Avenue Dear Mr. Bennett: Enclosed, is the proposed Interlocal Agreement between Brevard County and the City of Cape Canaveral for the transfer of N. Atlantic Avenue, Ridgewood Avenue and Central Avenue. Please review this document, and if acceptable, have same executed by the city and returned to this office. If more information is needed, please notify. Since ly, Harriet F. Raymond Special Projects Coordinator III Enclosure cc: John Denninghoff, P.E., Transportation Engineering Director INTERLOCAL AGREEMENT This Agreement, made and entered into by and between the Board of County Commissioners of Brevard County, Florida, hereinafter referred to as "County" and the City of Cape Canaveral, Brevard County, Florida, hereinafter referred to as "City" Whereas, the County and the City wish to enter into an agreement concerning improvements to N. Atlantic Avenue between SR A1A and Port Canaveral, Central Boulevard from SRA1A to Ridgewood Avenue and Ridgewood Avenue from Central Boulevard to Grant Avenue, located in the incorporated area of the City, with the County having ownership and maintenance responsibilities over said roadway; and Whereas, the County and the City wish, as part of this agreement to mutually participate in funding, resurfacing and future ownership and maintenance responsibilities of this roadway, hereinafter referred to as the Project. Whereas, the City desires the County's assistance in coordinating this project; and Whereas, the County and City covenant and agree that they have full power and authority to enter into this Agreement and bind their respective governmental entities It is therefore, agreed as follows: (1) The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this Agreement. (2) Statutory Authority: This Agreement shall be considered an Interlocal Agreement pursuant to authority of Florida Statutes, Chapter 163, Part 1, 2006. (3) Projects: The City and the County agree that the County, and City via currently allocated Impact Fees disbursements will provide funding needed to complete intersection and widening improvements on N. Atlantic Avenue between SR A1A and Port Canaveral (this project includes: adding a center turn lane from south of Central Avenue to Port Canaveral and from Central Avenue to SR A1A. It also includes adding south and northbound left turn lanes together with signal improvements at N. Atlantic Avenue and Central Boulevard; that the County will resurface Central Boulevard from SRA1A to Ridgewood Avenue; and that the County will provide to the City $167,320 as allocated by the Board of County Commissioners for the resurfacing of Ridgewood Avenue from Central Boulevard to Grant Avenue. (4) Financial Contribution to the Project: The County and the City agree that: (a) The County will utilize the funding currently allocated by the Board of County Commissioners for all of roadways listed as the "projects". (5) Lead Agency: The City agrees that the County shall be the lead agency to perform all work on the project. The County shall have the authority to enter into appropriate contracts to perform work on the project in compliance with Florida Statutes. (6) Notices: All notices required under the agreement shall be in writing and delivered to the parties by United States mail, as follows: (a) City Representative Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 (b) County Representative Harriet Raymond, Special Projects Coordinator III Brevard County Transportation Engineering Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 (7) Ownership and Maintenance: The County and the City agree that upon completion of the each of the "projects", the City will assume ownership and maintenance responsibilities of each of the "projects". Ownership of the roadways shall transfer to the City via the attached Exhibits 1 ", "2", and "Y, which shall be executed by both parties upon completion of the projects. Approval for execution of the documents is included in approval of this interlocal agreement and no further action is required by either party. The City shall also assume responsibilities for any and all permits of record associated with the "projects" and shall execute all necessary documents to formally accept these permits. (8) Indemnification: The City agrees that it will indemnify and hold harmless the County, to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes of action of any kind and/or nature arising out of or connected with the City's sole negligence in the management, control, use, operation, maintenance or repair of the Utilities installed during this project subject to Florida Statute 768.28. The City agrees that it will, at its own expense, defend any and all actions, writs or proceedings which are brought against the County and which arise out of circumstances set out previously in this paragraph; and that it will satisfy, pay 2 and discharge any and all judgement that may be entered against the County in any such actions or proceedings. The County agrees that it will indemnify and hold harmless the City, to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes to action of any kind and/or nature arising out of or connected with the County's sole negligence in the management, control, use, operation, maintenance, or repair of those portions of roadway for which it had a duty and responsibility prior to this Agreement subject to Florida Statute 768.28. The County agrees that it will, at its own expense, defend any and all actions, writs, or proceedings which are brought against the City and which arise out of circumstances set out previously in this paragraph; and that it will satisfy, pay, and discharge any and all judgments that may be entered against the City in any such actions or proceedings. (9) Attorney's Fees: In the event of any legal action to enforce the terms of this contract, each party shall bear its own attorney's fees and costs. This provision shall not be interpreted to be a pledge of ad valorem tax revenues. (10) Default: Either party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. Each party agrees to pay all reasonable costs and attorneys fees to the other party not in default, provided such costs and attorneys fees are payable under this paragraph only to the prevailing party in such suit. (11) Severability: If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can still be accomplished. (12) Entirety: This Agreement represents the understanding and agreement of the parties in its entirety. There shall be no amendments to the Agreement unless such amendments are in writing and signed by both parties. (13) Effective Date: Pursuant to Section 163.01(11) Florida Statutes, the effective date of this agreement shall be the date on which this instrument is recorded in the Public Records of Brevard County, Florida. (14) Termination Clause: The County or the City shall have the right to terminate this Agreement by furnishing written notice to the parties listed in paragraph (7). However, paragraph (4) of this Agreement shall be adhered to. In the event that the City has not completed the resurfacing of Ridgewood Avenue in 3 years from the date of this agreement, the funds will be refunded to the County. 3 IN WITNESS WHEREOF, we have set our hands and seals. ATTEST: City Clerk ATTEST: Scott Ellis Clerk of the Circuit Court Reviewed for legal form and content: z Assistant County Attorney City of Cape Canaveral: Rocky Randels, Mayor Date Board of County Commissioners of Brevard County, Florida Helen Voltz, Chair As approved by the Board on: 0 Exhibit "1" COUNTY DEED THIS DEED, made this day of 20__, by the BOARD OF COUNTY COMNIISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Viera, Florida 32940, party of the first part, to The Cfty of Cape Canaveral Florida, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of $10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the land described in Exhibit "A", attached hereto and made a part of this Deed said land lying and being in Brevard County, Florida. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman and said Board, the day and year aforesaid. ATTEST: SCOTT ELLIS, CLERK ctydeed.doc BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA HELEN VOLTZ, CHAIR As approved by the Board on Exhibit "A" NORTH ATLANTIC AVENUE, AKA OLD STATE ROAD 401, FROM AIA TO GEORGE KING BOULEVARD IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, AND RECORDED IN PLAT BOOK 1, PAGE 25, PLAT BOOK 16, PAGE 131, PLAT BOOK 17, PAGE 81, AND CCMB 7, PAGE 120 AND CCMB 24, PAGE 68A, ALL IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. 0 v.nf.Vry Exhibit "C" 12 ✓�rrr .�� PA NX 13 .AGES OF SEAPORT 1RBOR HEIGHTS North Atlantic Avenue off° AlA to George King Boulevard I_avPd EAN �r WOODS AIIAVERAL SANDS LAKE APTS. /1v CNf##ff OW Poor 0) ABY°° CAPE r -CANAVERAL c23 N ly Wow Cir : Ln N. s Avon -By -The -Sea ieAYn S. AV MArEm4i FqAV Qj� Exhibit "2" COUNTY DEED THIS DEED, made this day of . 20 . by the BOARD OF COUNTY CoNiNuSSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, V era, Florida 32940, parry of the first part, to The City of Cage Canaveral Florida. whose address is 105 Polk Avenue, Cape Canaveral, Florida 329201, party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of $10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the land described in Exhibit "A', attached hereto and made a part of this Deed said land lying and being in Brevard County, Florida. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman and said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMIIVIYSSIONERS OF BREVARD COUNTY, FLORIDA SCOTT ELLIS, CLERK ctydeed.doc HELEN VOLTZ, CHAIR As approved by the Board on Exhibit "A" CENTRAL BOULEVARD, FROM AIA TO RIDGEWOOD AVENUE, IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, PER PLAT BOOK 17, PAGE 81, PLAT BOOK 31, PAGE 1 AND PLAT BOOK 31, PAGE 27, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. j P CANAVERAL,B� Jus y 22 Hit Center AfgasAME rush tb Cocoa fi �! 40 itr CAPE SHORES 3"22'30" TALL LAND IACL ILAAO COSTA DEL VA ex SOL ; / aCOA goo aCEAN !EACH DN YE 2tr -ii I ark aoo Ln MAP "2" 'rl J Ove VILLAGES OE SEAPORT V11 .111, 1. J AAreoB CAPE AvfsooCANAVERAL �a2 3 Garl el I Av o F�e BAG cEArr Central P� Boulevard .SWOODS AIA to Ridgewood Avennge IandA Azu a In N. Ln N. W .ANAVERAL SANDS n Ln (LAKEAFTS, o CNEMq/E OOWq fw'kp.0 /A*x "o 0 0 AAreoB CAPE AvfsooCANAVERAL �a2 3 Garl el I Av o I q YLA o0 � jr zoo ie u IandA Azu a In N. Ln N. AIeT AY s Avon -By -The -Sea :reU Meri Ln Dl fw'kp.0 a Ln S. '1 ao.o Av 4 In U SAY 01 Af$YOAEC INC. 4 Y Epp ,;:26 Meade Av•� :o 1ef �Ya CANAYfgAI wins(o« Rr 111 AV 0 (� a L - HOLIDAY SHORLS ANTS. Q In anne 200 SLA GULL ULACH CLOG Ae M �a xlnm o COCOA sch Caw 7 O1c 6Vivo S //w a NfFA AD 1xle Cn F o YAAA' s a ahl9�fb�` t lie L n BEACH g evard Sig PIm Lp 35 Lr'0 o_ Fla ler LN we,"apLn OCEAN TERRACE n Surf i Or Exhibit "3" COUNTY DEED THIS DEED, made this day of , 20__, by the BOARD OF COUNTY COMWSSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Viera, Florida 32940, party of the first part, to The City of Cape Canaveral, Florida, whose address is 105 Poly Avenue, Cape Canaveral, Florida 32920, party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of $10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the land described in Exhibit "A", attached hereto and made a part of this Deed said land lying and being in Brevard County, Florida. IN WITNESS WHEREOF, the said parry of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman and said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COWHSSIONERS OF BREVARD COUNTY, FLORIDA SCOTT ELLIS, CLERK ctydeed.doc HELEN VOLTZ, CHAIR As approved by the Board on Exhibit "A" RIDGEWOOD AVENUE, FROM GRANT AVENUE TO CENTRAL BOULEVARD, IN SECTIONS 14 AND 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST, AND RECORDED IN PLAT BOOK 3, PAGE 7A, PLAT BOOK 17, PAGE 81, PLAT BOOK 21, PAGE 80, PLAT BOOK 31, PAGE 30, AND OFFICIAL RECORD BOOK 2356, PAGE 1096, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. c it s• 0000 Ti CANAVERAL.0 g Jus �» 22 Hit Cente WORM- ff/J a Coca � o^ q CAPE SHORES 5'22'30' TALL LAND ALL LAND COSTA DE L ANN 40L 3 COA 00 CEAN LEACH ---- Ln OC SEAPORT 14Ap "3" ie Blvd �CEAN vd WOODS nn71VeAL gewood Avenue (� LAKEAPT5Grant Avenue — CenUl Boulevard CN WE 001M PARA A� CAPE FCANAVERAL X123 8 1 ' GCartiet f AY o N ArthIN foo A rnsloe CH IaW4 Axu eLnN. n1eY AY s Avon -By -The -Sea even Mei' 'yen AxUS S �eg pAp II 3?Aj AY Il- >n H AND AND GLOBE sroaes. INC, ioo 26 .':.AV eade AY ¢o$ •� !Vs CANAVERAL Winslow PIER Pte„ a S h HOLIDAY SHOHLS AP fS. sd �L n Y00 Inge Ln b SLA (iIILL BGACHnI)l1 APTS COA ech Csw a SIIEPARO .dc V�xl@ Cfl F o PARA AA 'INA�ibnr I "'Zo Ln evard Ln tn35 BEACH P Im Ln 35 Lr 100N1 00 m Fla ler Ln Wa w. Ln OCEAN TERRACE n Surf Dr N wo i0 g c� 00 1-4 IT Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Considerations Item 14 No. Organization was recently finalized and recorded. This amendment incorporated the attached interlocal AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPOINTING TWO MEMBERS TO THE "NORTH BEACHES COALITION ADVISORY BOARD" AND A VOTING DELEGATE AND ALTERNATE TO THE BREVARD METROPOLITAN PLANNING ORGANIZATION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council appoint two members to the North Beaches Coalition Advisory Board and a voting delegate and alternate to the Brevard Metropolitan Planning Organization pursuant to the interlocal agreement with the City of Cocoa Beach. Summary Explanation & Background: The first amendment to the interlocal agreement for the creation of the Brevard Metropolitan Planning Organization was recently finalized and recorded. This amendment incorporated the attached interlocal agreement with Cocoa Beach City Council also gets to appoint a regular member and alternate member to the Citizens Advisory Committee of the MPO. Please advise. Exhibits Attached: Interlocal Agreement with Cocoa Beach City M s Office Department LEGISLATIVE ca im\mydo ent in\council m \2006\10-03-06\mpo.doc FN:2006078871 03-17-2006 09:25 am THIS INSTRUMENT RETURN TO: R Book/Page: 5618 1713 Scott Ellis Clerk Of Courts, Brevard County THIS INSTRUMENT PREPARED BY: 'gs:7 #Names:2 ist: 4.00 Rec: 57.00 Serv:0.00 Paul R. Gougelman, III, General Counsel . 0.00 excise: 0.00 Brevard Metropolitan Planning Organizatiorig: 0.00 ntTax: 0.00 1825 Riverview Drive Melbourne, FL 32901 INTERLOCAL AGREEMENT WI.TH RESPECT TO VOTING REPRESENTATION ON BREVARD COUNTY METROPOLITAN PLANNING ORGANIZATION THIS AGREEMENT is made and entered into as of the 4 day of 2006, by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation (herein: "Cape Canaveral"). WITNESSETH: WHEREAS, the Brevard County Metropolitan Planning Organization ("BMPO") is a metropolitan planning organization established under Section 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County; WHEREAS, Cocoa Beach was accorded a single voting delegate seat on the BMPO Governing Board; WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the BMPO Governing Board; WHEREAS, the authority to undertake sharing of a delegate seat on the BMPO Governing Board is provided in Section 339.175(2)(a), Florida Statutes (2005), which states in pertinent part: Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06 1 (a) The voting membership of an M.P.O. shall consist of not fewer than 5 or more than 19 apportioned members, the exact number to be determined on an equitable geographic - population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations. The Governor, in accordance with 23 U.S.C. s. 134, may also provide for M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area that do not have members on the M.P.O. . . . All voting members shall be elected officials of general-purpose governments, except that an M.P.O. may include, as part of its apportioned voting members, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation, or an official of the Florida Space Authority. .; WHEREAS, the undersigned parties for the purposes of this Agreement, and for the purpose of reference by the BMPO, have designated the arrangement provided for herein to be informally and colloquially referred to as the "North Beaches Coalition"; WHEREAS, this Agreement is entered as an interlocal agreement pursuant to Section 163.01, Florida Statutes (2005), and is also entered into pursuant to the home rule power of each of the municipalities as provided in Section 166.021, Florida Statutes, and Article VIII, Section 2, Florida Constitution of 1968; WHEREAS, pursuant to this Agreement, the parties have provided for an arrangement by which the voting delegate on the BMPO Governing Board shall be rotated between Cocoa Beach and Cape Canaveral on a scheduled basis; WHEREAS, the parties have further agreed to establish an organized method to provide joint instructions to their single voting delegate to the BMPO; Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06 2 WHEREAS, by its language, this Agreement shall expire on December 31, 2012, but may be extended from time to time; WHEREAS, this Agreement was approved on ci 2006, by the Cocoa Beach City Commission; and WHEREAS, this Agreement was approved on-eb,u.,o�c,�7tr� 2006, by the Cape Canaveral City Council. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties that: 1. Recitals. Each and all of the recitals above be and the same are hereby incorporated herein and declared to be true and correct. 2. Appointment of Voting Delegate. The single voting delegate holding the North Beaches Coalition seat on the BMPO and representing the collective interests of Cocoa Beach and Cape Canaveral shall be designated by the governing body of each respective municipality according to the following schedule: Designating Party Calendar Years for Designation Cocoa Beach 2008, 2009, 2012 Cape Canaveral 2006, 2007, 2010, 2011 In the event that any Party fails to designate the North Beaches Coalition delegate to the BMPO at or prior to the commencement of the two-year term for that voting delegate set forth in the preceding table, the voting delegate designated for the immediate prior two-year term shall continue as such voting delegate until such time as said delegate's successor has been designated. 3. Powers and Duties of Voting Delegate. The person designated as the voting delegate for the North Beaches Coalition seat on the BMPO in accordance with the terms of the preceding paragraph of this agreement need not reside within the corporate limits of the designating municipality, but shall be an elected official of either Cape Canaveral or Cocoa Beach. During each two-year term set forth in herein, the voting delegate shall serve Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06 3 at the pleasure of the designating municipality, which municipality shall have the power to rescind any such designation and to name any other elected official of one of the two municipalities as the voting delegate for the North Beaches Coalition. 4. Advisory Board. (a) An advisory board (the "North Beaches Coalition Advisory Board") consisting of four (4) members shall be appointed to advise, guide, instruct, and direct the voting delegate for the North Beaches Coalition. Two members of the North Beaches Coalition Advisory Board shall be appointed by the governing body of each of the municipalities, and at least one such member appointed by each of the municipalities to serve on the North Beaches Coalition Advisory Board shall be an elected official of the municipality which he or she represents. Each member of the North Beaches Coalition Advisory Board shall serve at the pleasure of the governing body which appointed such member. (b) The voting delegate for the North Beaches Coalition seat on the BMPO designated pursuant to this Agreement shall vote in matters before the BMPO in accordance with instructions provided by the North Beaches Coalition Advisory Board; provided, however, that in those cases in which the North Beaches Coalition Advisory Board has not provided express instructions to the voting delegate, the voting delegate shall exercise his or her best discretion in voting for the best interests of the two municipalities on matters before the BMPO. (c) The member of the North Beaches Advisory Board who represents the municipality responsible for designating the North Beaches Coalition delegate in accordance with section 2. of this Agreement shall serve as Chairperson of that advisory board. The position of Chairperson shall rotate in accordance with the schedule established in paragraph 2. hereof. Brevard MPO/North Beaches Coalition Interlocal Agreement !/24/00' 0 (d) The North Beaches Coalition Advisory Board shall elect a Vice -Chairperson from among its members during the month of December each year. The Vice -Chairperson shall serve for one year or until his or her successor is elected, whichever event shall later occur. (e) The municipality which is responsible for designating the North Beaches Coalition delegate to the BMPO shall provide staff support for all activities incident to the performance of this Agreement, including preparation of agenda packages, distribution of agenda packages, advertising of meetings as appropriate to comply with the Government -in -the -Sunshine Law, preparation of minutes, and coordination of time and place of meetings of the North Beaches Coalition Advisory Board. The responsibility for such staff support shall rotate in accordance with the schedule established in section 2. of this Agreement. 5. Alternate Voting Delegate; TAC and CAC Members. (a) Alternate Voting Delegate. In the event that the BMPO Governing Board permits alternate voting delegates to vote and participate in BMPO Governing Board actions, the party to this Agreement designating the voting delegate shall also have the power to designate an alternate voting delegate. The alternate voting delegated must be an elected official from either party to this Agreement, and the alternate voting delegate shall serve at the pleasure of the designating party. (b) TAC and CAC Members. In the event that the BMPO seats only one Technical Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC") member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement designating the BMPO voting delegate shall also have the authority to designate the sole TAC or CAC member(s) to represent the parties to this Agreement. In the event that the BMPO will permit a TAC or a CAC member to represent each municipality, the governing body Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06 5 of each municipality shall appoint the TAC and CAC member to represent that particular individual municipality. To the extent permitted by law and pursuant to Section 339.175(5), Florida Statutes, TAC and CAC members shall serve at the pleasure of the appointing authority. 6. Expiration. This Agreement shall expire on December 31, 2012; provided, that the respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to time to extend, amend, or terminate this Agreement by written instrument. No such written instrument shall be effective until the amendatory instrument is: approved by the governing bodies of each of the two municipalities, executed by appropriate officials of each governing body, and recorded with the Brevard County Clerk of the Court as provided in Section 163.01(11), Florida Statutes (2005). 7. Interpretation. This Agreement and the terms herein were negotiated jointly by Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of wording thereof. Consequently, no term, provision, or section hereof shall be more harshly construed against either party hereto as the drafter of this Agreement. 8. Effective Date. This Agreement shall become effective upon recordation in the Public Records of Brevard County, Florida, as maintained by the Brevard County Clerk of Court pursuant to Section 163.01(11), Florida Statutes (2005). [Intentionally Left Blank] [Intentionally Left Blank] Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06 M IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth below. ATTEST: oredana Kalaghchy CMC, its City Clerk ATTEST:' Susantills• ,its.' City Clerk,-, � CITY OF COCOA BEACH, FLORIDA, a Florida.._ Munic'ipa1 Corpora ion r - ti �; • By: }1 tlC u .its r F Dated: 0,2) 0jy.',, :2'00�6r (CITY SEAL) CITY OF CAPE CANVERAL, FLORIDA, a Florida Municipal Corporation o By: c3o,C1 424M�- cf,=CAA 4zfttae1Q-1-5,)its Dated: ? V" �O®lb 2006 (CITY SEAL) Brevard MPO/North Beaches Coalition Interlocal Agreement 7 1/24/06 Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Ordinances -l' Reading item No. 15 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 16-2006, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council consider at first reading, Ordinance No. 16-2006, adopting a new cable franchise agreement with Bright House Networks, LLC. Summary Explanation & Background: The term of the non-exclusive franchise is for (10) years. I recommend approval at first reading. Exhibits Attached: Ordinance No. 16-2006; Franchise Agreement City Ma nag Office - � Department ADMINISTRATION/CITY MGR -nt\kim\mydoc ent in\council\mee \2006\10-03-06\16-2006.doc Memo To: Mayor & City Council Members From: Bennett Boucher, City Manager CC: Susan Stills, City Clerk Date: 09/22/2006 Re: Bright House Networks Franchise agreement Attached is an advance copy of the Bright House Networks Franchise agreement which is scheduled for first reading on October Yd and the final reading for October 17tH If you have any questions, please contact me or the City Attorney. ORDINANCE NO. 16-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, City Ordinance No. 38-94, commonly referred to as the Cable Television Franchise Ordinance granted a non-exclusive Franchise to Time Warner Entertainment Company, a Limited Partnership, its successors and assigns, to operate and provide a television cable service to the citizens of the City by utilizing public rights-of-way within the corporate boundaries of the City; and WHEREAS, in accordance with City Resolution No. 2002-43, the City's Cable Television Franchise Agreement was thereafter assigned from Time Warner Entertainment to TWEAN Subsidiary, LLC as successors to the Franchise; and WHEREAS, TWEAN Subsidiary, LLC changed its name to Bright House Networks, LLC (BHN) on April 1, 2003; and WHEREAS, BHN has indicated its intent to continue to provide cable system services to subscribers within the City and has requested the issuance of this Franchise pursuant to the terms hereof; and WHEREAS, the original Franchise was for an initial term of ten years, expiring at midnight on November 1, 2004, however, BHN has provided notice of renewal as provided in 47 U.S.C. § 546 and agreed to continue to provide service under terms and conditions of Ordinance No. 38-94, as amended.. until this Agreement is adopted; and WHEREAS, the City deems it necessary to enter into a new Franchise Agreement with BHN to take into account the new regulatory environment created by the enactment of the Telecommunications Act of 1996, the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, and recent court precedent concerning the local regulation of cable franchises in order to ensure proper regulation of the local cable franchise, safeguard the use of City rights-of-way and promote the quality and reliability of cable services offered to the citizens of Cape Canaveral; and City of Cape Canaveral Ordinance No. 16-2006 Page 1 of 3 WHEREAS, the City is authorized to grant one or more non-exclusive, revocable, franchises to construct, reconstruct, operate, and maintain a cable communications system within the City and has negotiated this Agreement with BHN pursuant to the Cable Communications Policy Act of 1984, as amended, by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Adoption of Cable Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Franchise Agreement entered into by and between the City of Cape Canaveral, Florida and Bright House Networks, LLC, a Delaware Limited Liability company, attached hereto as Exhibit "A". Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Not Incorporated Into Code. This ordinance shall not be incorporated into the Cape Canaveral City Code. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ROCKY RANDELS, Mayor City of Cape Canaveral Ordinance No. 16-2006 Page 2 of 3 ATTEST: For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 16-2006 Page 3 of 3 FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (the "City"), whose address is, 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920, and BRIGHT HOUSE NETWORKS, LLC ("BHN"), Delaware limited liability company whose address is 2251 Lucien Way, Maitland, FL 32751. RECITALS WHEREAS, City Ordinance No. 38-94, commonly referred to as the Cable Television Franchise Ordinance granted a non-exclusive Franchise to Time Warner Entertainment Company, a Limited Partnership, its successors and assigns, to operate and provide a television cable service to the citizens of the City by utilizing public rights-of-way within the corporate boundaries of the City; and, WHEREAS, in accordance with City Resolution No. 2002-43, the City's Cable Television Franchise Agreement was thereafter assigned from Time Warner Entertainment to TWEAN Subsidiary, LLC as successors to the Franchise; and WHEREAS, TWEAN Subsidiary, LLC changed its name to Bright House Networks, LLC (BHN) on April 1, 2003; and WHEREAS, BHN has indicated its intent to continue to provide cable system services to subscribers within the City and has requested the issuance of this Franchise pursuant to the terms hereof; and WHEREAS, the original Franchise was for an initial term of ten years, expiring at midnight on November 1, 2004, however, BHN has provided notice of renewal as provided in 47 U.S.C. § 546 and agreed to continue to provide service under terms and conditions of Ordinance No. 38-94, as amended, until this Agreement is adopted; and WHEREAS, the City deems it necessary to enter into a new Franchise Agreement with BHN to take into account the new regulatory environment created by the enactment of the Telecommunications Act of 1996, the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, and recent court precedent concerning the local regulation of cable franchises in order to ensure proper regulation of the local cable franchise, safeguard the use of City rights-of-way and promote the quality and reliability of cable services offered to the citizens of Cape Canaveral; and WHEREAS, the City is authorized to grant one or more non-exclusive, revocable, franchises to construct, reconstruct, operate, and maintain a cable communications system within the City and has negotiated this Agreement with BHN pursuant to the Cable Communications Policy Act of 1984, as amended, by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996; and WHEREAS, the City has determined that it is in the best interest of the public's health, safety and welfare for the City and its residents to enter into this Agreement with BHN; and WHEREAS, the City has approved this Agreement pursuant to adoption by the City Council of Ordinance No. 16-2006. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, the parties do mutually agree as follows: I. RECITALS. Recitals Incorporated. Each and all of the foregoing recitals be and the same are hereby incorporated herein and acknowledged to be true and correct. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. II. PURPOSE AND LEGISLATIVE FINDINGS. 2.1. Purpose. The City finds that the development of cable communications has the potential of having great benefit and impact upon the people of the City. Because of the complex and rapidly changing technology associated with cable television, the City further finds that the public convenience, safety and general welfare can best be served by exercising regulatory powers which are vested in the City or such persons as the City shall designate. It is the intent of this ordinance and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters and any Franchise issued pursuant to this ordinance shall be deemed to include this finding as an integral part thereof. Further, it is recognized that cable communications systems have the capacity to provide not only entertainment and information services to the City's residents, but can provide a variety of interactive communications services to institutions and individuals. Many of these services involve City agencies and other public institutions, by providing governmental, educational or health care communications. For these purposes, the following goals underline the terms contained herein: (a) Communications services should be made available to all City residents, subject to the requirements of Section 16.10. (b) The cable communications system should be capable of accommodating both the present and reasonably foreseeable future communications needs of the City and should be improved and upgraded if necessary during the Franchise term so that the new facilities necessary for the operation of this system shall be integrated to the maximum extent possible with existing facilities. The cable communications system authorized by this Agreement shall be responsive to the needs and interests of the local community, and shall provide a wide diversity of information sources and services to the public. (c) The education and governmental needs for access to the cable communications system should be met. 2.2 Legislative Findings. In considering whether to grant a cable television Franchise within the City to any person, the City has considered all relevant facts and matters, both procedural and substantive, in arriving at its decision including, but not limited to, the following: (a) The economic impact upon private property within the City; (b) The need for a cable television Franchise within the City, if any; (c) The capacity of public rights-of-way to accommodate the cable system; (d) The present and future use of the public rights-of-way to be used by the cable system; (e) The potential disruption to existing users of the public rights-of-way to be used by the cable system and the result of inconvenience which may occur to the public; and (f) The financial ability of the Franchisee to perform and other societal interests, including the dissemination of information through the cable system and the exercise of the rights of free speech under the First Amendment of the United States Constitution and the Florida Constitution. III. DEFINITIONS. When used in this Agreement, the following words shall be defined as indicated below, unless the context clearly indicates otherwise. Terms used in this Agreement but not defined below which are defined in the Act, shall have the meaning set forth in 47 U.S.C. §521 et. sea. as amended by the Telecommunications Act of 1996. 3.1 "Access Channel' shall mean any channel on a cable system set aside without charge by the Franchisee for non-commercial, local access programming relating to educational and local governmental use which has been recognized and approved as such by the City. 3.2 "Act" shall mean the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as further amended by the Cable Television Consumer Protection and Competition Act of 1992, codified in 47 U.S.C. § 521 et sea., 3 and as amended by the Telecommunications Act of 1996, and as these acts may hereinafter be amended. 3.3 "Agreement" shall mean this Franchise Agreement as may be amended by agreement of both parties pursuant to Sec. 21.2. 3.4 "Applicant" shall mean any officer, agent, employee or representative seeking an approval, grant, revision, amendment, transfer or renewal under this Agreement. 3.5 "Cable System" means a closed transmission path and associated signal generation, reception and control equipment and other communications equipment including, but not limited to, any headend, antenna, wire, cable, line, tower, pole, amplifier, converter, and fiber optic line, that is designed to provide cable service which includes video programming and other services and which is provided to multiple subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems. 3.6 "Channel' means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. 3.7 "City Manager" shall mean that person who is appointed by the City Council of the City of Cape Canaveral, Florida. For the purposes of this Agreement, the "City Manager" shall include his or her designee. 3.8 "Complaint" means an indication from a subscriber of a problem with any aspect of cable service when it results in a service call or written indication from a subscriber of a problem with any aspect of cable service. 3.9 "Communications Services Tax" shall mean the tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, as that law has been and may hereinafter be amended or renumbered, and any other ordinance or resolution setting the amount for the local CST that may be adopted by the City Council for the City of Cape Canaveral and not inconsistent with the City Charter that may be excised and collected by the City or Franchisee on behalf of the City. 3.10 "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view signals delivered at designated converter dial locations at the set or by remote control. 3.11 "Days" means calendar days unless otherwise specified. 4 3.12 "Facilities and Equipment" shall include, but not be limited to, wires, cable, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, converters, appliances, attachments, poles and other property and equipment which are located in the public rights-of-way. 3.13 "FCC" shall mean the Federal Communication Commission and any legally appointed or elected successor. 3.14 "Fiscal Year" shall mean a calendar year beginning January 151 of each year. 3.15 "Franchise" shall mean an initial authorization or renewal thereof, voluntarily entered into by the Franchisee and issued by the City, whether such authorization is referred to as a Franchise, permit, license, ordinance, resolution, contract, certificate, agreement, or otherwise, which authorized the construction or operation of a cable system in the City. All Franchises shall be non-exclusive. Any such authorization, in whatever form granted, shall not mean or include any Franchise or permit required for the privilege of transacting and carrying on a business within the City as required by other code provisions and ordinances of the City. 3.16 "Franchise Area" means all of the territory within the incorporated City, and such additional territory as may be from time to time annexed into the City. The Franchisee shall be notified in writing of any annexations to the City. 3.17 "Franchise Fee" means the percentage as specified in this Agreement, of the Franchisee's gross annual revenues derived from the operation of the cable system in the City and which is payable in exchange for the rights granted by this Franchise. 3.18 "Franchisee" shall mean Bright House Networks, LLC ("BHN"), and the lawful successor, transferee, or assignee of such person. 3.19 "Gross Annual Revenues" means all receipts arising from, attributable to providing cable service, or in any way derived directly or indirectly from the provision of the Franchisee's cable services in the Franchise area, including but not necessarily limited to fees of any kind whatsoever charged to subscribers of the cable system, including but not limited to monthly subscriber fees, service charges, late fees, leased access fees, installation charges, service protection or installation warranty fees, change -in-service fees, disconnect and reconnect fees, fees derived and collected from access and origination channels, all revenues received by the Franchisee for Pay -Per -View, leased channels, premium channels, pay television, and equipment sales, lease or rental and other cable services provided over the cable system in the City of Cape Canaveral to subscribers and any revenues derived from the leasing of cable or fiber optic lines and other transmission devices and equipment for the provision of cable services. "Revenues shall be defined consistent with Generally Accepted Accounting Principles (GAAP). Gross annual revenues shall also include any revenues derived from advertising less agency fees allocable to the City based upon the subscriber base of the City divided by the subscriber base of the cable system, the quotient of which shall be multiplied by the cable system's total advertising revenue to determine the allocable revenue stemming from advertising 5 and any revenues from home shopping channels or other sources allocable to the City based upon the subscriber base in the City divided by the subscriber base of the cable system and any revenues derived from cable service provided on the system. The phrase "gross annual revenues" shall not include any fees or taxes which are imposed directly on any subscriber thereof by any governmental unit or agency, and which are collected by the Franchisee on behalf of that entity. Nor shall the phrase include any debts for service or equipment owed but uncollected by the Franchisee or any payment to an affiliate or parent company of Franchisee for programming or transmission capacity where such payment is treated by Franchisee as an expense. Gross annual revenues shall be used to determine the basis for computing an alternative Franchise Fee in the event Chapter 202, Florida Statutes, is repealed or otherwise deemed unconstitutional as more specifically set forth in Article IX of the Agreement. 3.20 "Installation" shall mean the connection of the cable system from feeder cable to the subscribers' terminal(s). 3.21 "Person" shall mean any individual, corporation, partnership, association, joint stock company, trust, joint venture, organization or legal entity of any kind, any lawful trustee, successor, assignee, transferee or personal representative thereof. 3.22 "Public Right -of -Way means the surface, the air space above the surface, and the area below the surface of any public street, sidewalk, bridge, waterway, utility easement, or other public property, including public utility easements dedicated for compatible uses as set forth in Title 47 U.S.C. § 541(a)(2) in and over which shall entitle the City and the Franchisee to the use thereof for the purpose of installing and maintaining the Franchisee's cable television system. No reference herein, or in any Franchise, to the "public right-of- way" shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and the Franchisee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give. 3.23 "Subscriber" shall mean a person or legal entity lawfully using or receiving cable television on a particular cable system from a Franchisee. 3.24 3.25 "Sunshine State One -Call of Florida, Inc." shall mean the not-for-profit corporation created by Section 556.103, Florida Statutes, to administer the provisions of the Underground Facility Damage Prevention and Safety Act set forth at Chapter 556, Florida Statues. 3.26 "Total Disruption of Service" means the inability of any subscriber to receive Franchisee's cable transmission on more than one channel due to signal failure, malfunction, or to receive said transmission in such poor quality as to make viewing impracticable to a reasonable subscriber. G 3.27 "Transfer" means the disposal by the Franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest in the cable system, or thirty-five percent (35%) cumulatively over the term of the Franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Franchisee. IV. GRANT OF FRANCHISE. 4.1 Grant of Franchise. BHN is hereby granted a cable Franchise, subject to the terms and conditions of this Agreement. Pursuant to this Franchise, the Franchisee may construct, operate, and maintain a cable system in, under, over, along, across or upon the public rights-of-way within the City for the purpose of reception, transmission, collection, amplification, origination, distribution or redistribution of audio, video, digital, microwave, data, or other signals and is intended solely for the provision of cable services. Any Franchisee electing to provide additional telecommunication services over the cable system shall satisfy all state and federal regulations pertaining to the provision of such services. In exercising rights pursuant hereto, the Franchisee shall not endanger or interfere with the lives of persons, interfere with any structures, buildings, or facilities of the City, any public utility, or any other person permitted to use the public rights-of-way, nor unnecessarily hinder or obstruct the free use of the public rights-of-way. The grant of this Franchise does not establish priority for use over other present or future permit, license, or utility franchise holders or the City's own use of the public rights-of-way and any such privilege or right conveyed to a Franchisee shall be subordinate to the existing use of a public right-of-way. In addition, this Agreement does not authorize the provision of cable services to any private property owner without express consent of such owner unless otherwise authorized by law. City shall not grant any overlapping franchises for cable services within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within the City. All rights granted for the construction, reconstruction, installation, maintenance, and operation of the cable system shall be subject to the continuing right of the City to require such reconstruction or relocation of the cable system in the public rights-of-way as shall, at the sole discretion of the City, be in the public interest. To the extent that other users of the public rights-of-way are compensated for moving their facilities, the Franchisee shall also be compensated for moving its facilities pursuant to Section 15.7 of the Agreement. 4.2 Franchise Not Exclusive. The grant of this Franchise shall be non-exclusive and shall not affect the right of the City to grant to itself or any other person the right to: build, operate, or own a cable system; or occupy or use the public rights-of-way for the construction, reconstruction, maintenance, and operation of a cable system or for any purpose whatsoever. No privilege or power of eminent domain is bestowed on the Franchisee by the grant of this Franchise. 7 4.3 Event of Conflict. In the event of conflict between the terms and conditions of the City Code and this Agreement, this Agreement shall control. In all events, the Franchisee shall, to the extent not inconsistent with this franchise agreement, comply with all laws, ordinances and regulations enacted by the City pursuant to its lawful police and regulatory powers as authorized by law and shall comply with all federal and state laws pertaining to the provision of cable systems. Nothing in the Franchise shall be deemed to waive the requirements of the various codes of the City regarding permits, taxes, fees to be paid, or manner of construction. V. EFFECTIVE DATE OF FRANCHISE; TERM. 5.1 Effective Date. The effective date of this Franchise shall be upon its approval by the City Council, subject to Bright House Networks acceptance within sixty (60) days. The effective date of this Franchise shall be . Any prior Franchise granted to the Franchisee, is hereby superseded and of no further force and effect. 5.2 Term. The term of this Franchise shall be for a period of ten (10) years from the effective date unless sooner terminated as provided for in this Agreement. The Franchise shall terminate on 5.3 Renewal Term. The Franchise shall be renewed under the provisions of the federal Cable Act. VI. FRANCHISE OPERATION. 6.1 Use of Public Rights -of -Way. For the purpose of operating and maintaining a cable system in the City, the Franchisee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the City its facilities and equipment as are necessary to the operation of the cable system; provided, however, that the Franchisee complies with all design, construction, safety, and performance provisions contained in this Agreement and any other provisions of City Code. All privileges prescribed by this Franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the public rights-of-way. 6.2 Right of Condemnation Reserved. Nothing herein shall limit any right the City may have to acquire by eminent domain or otherwise any property of Franchisee; provided, however, that any such acquisition shall be for a price that values the Franchisee's property as allowed by law. 6.3 City's Right to Perform Public Works. Nothing in this Agreement shall be in hindrance to the right of the City or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the Franchisee shall, at its own cost and expense, to the extent other users of the rights-of-way do so at their cost and expense, protect or relocate its cable system, or part thereof, as reasonably directed by the City officials or any governmental authority. 6.4 Emergency Removal of Plant. If at any time, in case of fire, emergency, or disaster in the City, it shall become necessary in the reasonable judgment of the City to cut, move, or relocate any of the Franchisee's facilities and equipment or appurtenances of the cable system, the City shall have the right to do so at the sole cost and expense of Franchisee. However, the City shall make all reasonable efforts to contact the Franchisee prior to any cutting or moving of wires, cables, amplifiers, appliances, or appurtenances of the cable system, and if possible, in the City's reasonable discretion, to allow the Franchisee to perform any cutting or moving of the cable system wires, cables, amplifiers, appliances, or appurtenances. The Franchisee shall bear all costs of reinstallation, repair, and other costs resulting from or arising out of the emergency cutting or removal of the cable system; provided, however that in the event it is determined that an emergency, fire, or disaster did not exist, then the cost of such removal and reinstallation shall be borne by the City. 6.5 Removal or Abandonment. Upon termination of the Franchise, absent right of renewal and at the request of the City, the Franchisee shall remove its cable system from the public rights-of-way and shall restore any property, public or private, to its original condition prior to the installation, erection, or construction of the cable system. Restoration of City property, including, but not limited to, the public rights-of-way, shall be in accordance with the directions and specifications of all affected departments and agencies of the City, and all applicable law. The Franchisee shall accomplish such restoration at its expense. Such removal and restoration shall be completed within twelve (12) months after notice by the City delivered in writing to Franchisee. In the event the Franchisee fails or refuses to remove its system or to satisfactorily restore all areas to as reasonably close a condition as existed prior to the original construction of the system, the City, at its option, may perform such work and collect the cost thereof from the Franchisee. 6.6 Time Is of the Essence. Whenever this Agreement shall set forth any time for any act to be performed by or on behalf of the Franchisee, such time shall be deemed to be of the essence, and any failure of the Franchisee to perform within the time allotted shall be sufficient ground for the City to invoke any applicable provision of the City Code or this Agreement. 6.7 No Waiver of Rights. No course of dealing between the Franchisee and the City nor any delay on the part of the City in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Franchisee in contravention of the City's rights, except to the extent expressly waived by the City in writing or expressly provided for in the Franchise. VII. TRANSFER OF OWNERSHIP OR CONTROL. 7.1 Transfer of Franchise. This Franchise shall only be sold, transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means pursuant to federal regulations. The Franchisee 9 shall provide written notice to the City of the transfer. In reviewing such transfer request, the City shall consider transferee's legal, financial and technical qualifications in accordance with local, federal and state regulations. No application for a transfer shall be granted unless transferee agrees in writing that it will assume and accept all obligations and liabilities under this Agreement. 7.2 Transfer Threshold. The Franchisee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Franchisee. 7.3 City Approval. Every change, transfer, or acquisition of control of the Franchisee shall make the Franchise subject to cancellation unless and until the City shall have consented thereto in writing subject to applicable federal law. For the purpose of determining whether it may consent to such change, transfer, or acquisition of control, the City may inquire without limitation into the legal, financial and technical qualifications of the prospective transferee or controlling party, and the Franchisee shall assist the City in obtaining all required information. Failure to provide information in accordance with applicable federal law shall be grounds for denial of the proposed change, transfer or acquisition of control. 7.4 Signatory Requirement. Any approval by the City of transfer of ownership of the Franchise shall be contingent upon the prospective assignee becoming a signatory to the Franchise. 7.5 No Waiver/Release for Transfer. Approval by the City of a transfer of the Franchise does not constitute a waiver or release of any of the rights or remedies of the City under this Agreement, whether arising before or after the date of the transfer. VIII. MODIFICATION OR RENEWAL OF FRANCHISE. 8.1 Modification. Any request by the Franchisee for a modification of this Franchise shall be in writing and shall include the following information at a minimum: 1) the specific modification or modifications requested; and 2) the justification for the modification, including the impact of the requested modification on the cable system and subscribers, and the financial impact if the modification is approved or disapproved. A request to modify the Franchise shall also include a statement as to whether the modification is sought pursuant to Title 47 U.S.C. § 545 and a demonstration by the person seeking the modification that the modification meets the standards set forth under 47 U.S.C. § 545. An affidavit or sworn declaration of an authorized officer certifying the truth and accuracy of the information supporting the request for a modification of the Franchise and that such modification is consistent with the Act and any other applicable federal, state, and local laws. 8.2 Renewal. Renewal of this Franchise shall be conducted in a manner consistent with 47 U.S.C. § 546. Upon consideration of the renewal, City shall determine the level of services needed to meet the City's cable -related needs and interests. Failure of Franchisee to initiate the renewal process in a timely fashion shall be treated as an informal request to We renew and shall be at the discretion of the City in accordance with 47 U.S.C. § 546(h). The City may deny a request for renewal pursuant to federal law. IX. COMMUNICATIONS SERVICES TAX/FRANCHISE FEES. 9.1 Communications Services Tax. Franchisee shall pay the Communications Services Tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statues, as such law has been and may hereinafter be amended or renumbered, and any City ordinance or resolution adopted pursuant to the City's Charter and the authority granted within Chapter 202, Florida Statutes. In the event that Chapter 202, Florida Statutes, or any portion thereof affecting the ability of the City to collect the communications service tax is repealed, held to be unconstitutional, invalid, or unenforceable, Franchisee, as compensation for the privilege of operating the Franchise for a cable system pursuant to this Agreement, shall pay to the City a Franchise Fee of five percent (5%) of the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Franchisee. If, in the future, applicable law including but not limited to the Act, as amended from time to time, allows a greater Franchise Fee, the parties shall meet and confer to negotiate with respect to the fee. Thereafter, the Franchise Fee may be amended by mutual agreement of the parties at any time. The City shall be furnished a fully - certified statement of said payment by a certified public accountant or financial officer of the Franchisee, reflecting the total amounts of gross annual revenues from subscribers within the City and of the above charges and computations for the period covered by the payment within ninety (90) days after the end of each year when Franchise Fees are paid directly to the City. Sections 9.2 through 9.13 and any references to Franchise Fees and/or gross revenues shall not be in effect as long as the Franchisee pays the Communications Services Tax or similar tax or fee. 9.2 Franchise Fees in Addition to Other Taxes or Payments. In the event that a Franchise Fee is to be paid pursuant to this Agreement, payment of the Franchise Fee made by the Franchisee to the City shall not be considered in the nature of a tax, but, to the extent consistent with applicable law, shall be in addition to any and all taxes of general applicability which are now or may be required hereafter to be paid by any federal, state, or local law. 9.3 Acceptance by the City. Subject to applicable law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim that the City may have for further or additional sums payable as a communications services tax or Franchise Fee under this Agreement or for the performance of any other obligation of the Franchisee. 9.4 Late Fees. In the event that a Franchise Fee payment is not received by the City on or before the due date set forth above, or is underpaid, the Franchisee shall pay simple interest at the prime rate as set forth in the Wall Street Journal. The Franchisee shall not be responsible for paying interest on delinquent Franchise Fees resulting from erroneous database information provided by the City. Any interest paid by the Franchisee is intended to be a charge incidental to the enforcement of a Franchise within the meaning of 47 U.S.C. §542(g)(2)(D), and may not be deducted from the Franchise Fee imposed by this Agreement. Furthermore, the City may invoke all rights and remedies available under applicable law and this chapter. 9.5 Quarterly Filing. A Franchisee shall file with the City, on a quarterly basis with the payment of the Franchise Fee, a financial statement setting forth the computation of gross revenues used to calculate the Franchise Fee for the preceding quarter and a detailed explanation of the method of computation showing the revenue derived from each category of the Franchisee's operations. The statement shall be certified by a certified public accountant or a Franchisee's financial officer. The Franchisee shall bear the cost of the preparation of such financial statements. 9.6 City's Right to Inspection. The City, at its discretion, shall have the right to inspect the Franchisee's Gross Annual Revenue reports and records, to audit, and to recompute any fee amounts. Inspections, audits or recomputations may be performed either by the City or an independent firm selected by the City and qualified for such purposes. No audit of the Franchisee's records relating to Gross Annual Revenues shall take place later than thirty- six (36) months following the close of each of the Franchisee's fiscal years. Audits that result in payment of four percent (4%) or more of Franchise Fees during the audit period, shall be at the expense of the Franchisee. Any additional amount due to the City as a result of the audit shall be paid within thirty (30) days of notice by the City, unless the Franchisee disputes the results of the audit. The Franchisee agrees to meet with the City and will attempt in good faith to resolve any differences. Thereafter, the additional amount due shall be subject to payment within thirty (30) days after said additional amount is determined to be due by the Franchisee and the City. The City shall provide the Franchisee with a description of all property annexed into the City at the time of each annexation. Should such annexation information not be provided to the Franchisee and a discrepancy arise in reported Franchise Fees as a result, the Franchisee shall not be found in non-compliance of this Agreement. 9.7 Payments Due in Event of Termination or Expiration. In the event that the Franchisee continues the operation of any part or all of the cable system beyond the termination, revocation or expiration of the Franchise granted herein, it shall continue to pay to the City the Franchise Fee or Communications Services Tax, whichever is applicable, in the manner set forth in this Agreement. This section shall not be construed to authorize the operation of the cable system beyond the termination or revocation of this Franchise. 9.8 Alternative Fee Contingencies. In the event that the Franchisee's obligation to pay a communications services tax is held invalid by a decision of any court of competent jurisdiction or due to the actions of any legislative body, the Franchisee shall pay to the City, pursuant to the Cable Act, a Franchise Fee of five percent (5%) of the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Franchisee. 9.9 Other Fees and Taxes. To the extent that any federal or state law or regulation may now forbid the City from assessing any type of fee or tax, upon repeal, modification, or judicial/administrative interpretation of said law or rule that would permit the City to assess said fee or tax, the City shall have the right to assess said fee or tax to the full extent authorized by law; provided, that the City shall first notify the Franchisee. Upon such 12 occurrence, the parties shall meet and confer within (90) days of notice from the City to, in good faith, negotiate Franchise provisions to implement the collection of said fee or tax. 9.10 Termination. If for any reason whatsoever the Franchise terminates, the Franchisee shall file with the City, within sixty (60) calendar days of such termination or when operations cease, whichever occurs later, a certified financial statement reflecting the gross revenues received by Franchisee since the conclusion of the previous fiscal year. Adjustments to any Franchise Fee owed to the City shall be made upon review of such statement. Franchisee shall be prohibited from conducting any transaction or making such arrangements which have the effect of evading payment of any fee or tax owed to the City under this Agreement. 9.11 Prohibited Transactions. Any transaction or arrangement which has the effect of evasion of payment of Franchise Fees (for example, by non -collection of revenues, non -reporting of revenues, collection of revenues by parents, affiliates or subsidiaries, bartering, or any other means) from the operation of the Franchisee's cable system to provide cable service in the City is strictly prohibited. 9.12 Applicability of Franchise Fee. The Provisions of this section IX related to Franchise Fees shall apply to the extent the City may lawfully impose a Franchise Fee. The provisions of this section IX shall not be in effect so long as Franchisee pays the Communications Services Tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statues, as such law has been and may hereinafter be amended or renumbered. X. FORFEITURE OR REVOCATION. 10.1 Grounds for Revocation. The City reserves the right to revoke the Franchise granted hereunder and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: (a) If the Franchisee shall default in the performance of any of the material obligations under this Agreement; (b) If the Franchisee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required herein; (c) If the Franchisee shall violate material provisions of any orders or rulings of any regulatory body having jurisdiction over the Franchisee relative to this Agreement, and Franchisee fails to begin cure within thirty business (30) days of notice from the City and to complete cure within a reasonable time after notice, as determined by the City; (d) If the Franchisee practices any fraud upon the City or cable subscribers; (e) If the Franchisee is grossly negligent, as defined by general law, in maintaining any of the customer service standards provided in this Franchise; 13 (f) If the Franchisee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; (g) If the Franchisee fails to restore service City-wide after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the City or is permitted pursuant to this Agreement, as provided in Section 10.2 of this Agreement or when caused by circumstances outside the control of the Franchisee pursuant to Section 10.2; (h) If the Franchisee makes a material misrepresentation of fact in the application for or negotiation of the Franchise or any extension or renewal thereof on which the City has explicitly relied; and (i) If the Franchisee shall fail to pay the Franchise Fee or the communications services tax in the manner provided in this Agreement. 10.2 Effect of Circumstances Beyond Control of Franchisee. The Franchisee shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case in which performance of any such provision is prevented for reasons beyond the Franchisee's control. For the purposes of this Agreement, causes or events beyond the Franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. A default shall not be deemed to be beyond the Franchisee's control if committed by a corporation or other business entity in which the Franchisee holds a controlling interest whether held directly or indirectly, when such fault is due to Franchisee's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Franchisee's directors, officers, employees or contractors or agents. 10.3 Procedure Prior to Revocation. The City shall notify the Franchisee in writing of the exact nature of the alleged violation constituting grounds for termination and give the Franchisee thirty (30) calendar days, or such greater amount of time as reasonably required to correct such violations or to present facts and arguments to refute the alleged violation. If after such time the City then concludes that there is a basis for termination, it shall notify the Franchisee thereof. If within the designated time the Franchisee does not remedy and/or put an end to the alleged violation, the City, after a public hearing before the City Council where all interested parties may be heard, may suspend or revoke the Franchise, if it determines that such action is warranted. The Franchisee shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Franchisee's control, as stated in Section 10.2. The Franchisee shall have the right to review by a court of competent jurisdiction upon the City Council's determination of non-compliance. XI. REGULATORY AUTHORITY. 11.1 Authority. Franchisee and City hereby reserve all of their rights under Federal and State Constitutions and laws. Acceptance of the terms and conditions of this franchise will not 14 constitute a waiver by either party of any constitutional or legal right which either party may have, or may be determined to have, either by subsequent legislation or court decisions. 11.2 Right of Inspection of Cable Facilities. The City shall have the right to inspect, in a timely manner and in the accompaniment of a representative of the Franchisee, all Franchisee facilities and equipment or installation work in the public rights of way performed subject to the provisions of this Agreement as it shall find necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law, including the Act. 11.3 City Regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation or decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Franchisee, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City. The City shall provide advance notification to the Franchisee of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the Franchisee or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. XII. PERFORMANCE BONDING; ALTERNATIVES. 12.1 Performance Bond. The Franchisee shall obtain and maintain during the entire term of any Franchise and any extensions and renewals thereof, at its cost and expense, and file with the City, a corporate surety bond in the amount of thirty thousand dollars ($30,000) to guarantee the faithful performance by the Franchisee of all of its obligations provided under this Agreement and the City Code. Such bond must be issued by a surety. The form and contents of such performance bond shall be reasonably acceptable to the City. The bond shall be released only upon expiration of the Franchise. 12.2 Conditions. The performance bond shall be issued upon the following conditions: (a) The performance bond shall be issued by a surety licensed and authorized by the State of Florida to do business as a surety in the State of Florida. (b) There shall be recoverable by the City, jointly and severally from the principal and surety or the financial institution that has issued the bond, any and all fines and liquidated damages due to the City and any and all damages, losses, costs and expenses suffered or incurred by the City resulting from the failure of the Franchisee to faithfully comply with the provisions of the Franchise (c) The total amount of the bond shall be forfeited as a liquidated damage paid to the City in the event: (1) The Franchisee abandons the cable system; 15 (2) The Franchise is terminated by reason of the default of the Franchisee. 12.3 Reduction of Bond. Upon written application by the Franchisee, the City may, at its sole option, permit the amount of the bond to be reduced for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. Upon written application by the Franchisee, the City may, at its sole option, permit the terms of the requirements of the performance bond to be altered for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. 12.4 Use of Performance Bond. Prior to drawing upon the performance bond for the purposes described in this section, the City shall notify the Franchisee in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make a full and complete payment. If the Franchisee does not make the payment within thirty (30) days or demonstrate a reason acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the performance bond. Within three (3) days of a withdrawal from the performance bond, the City shall send to the Franchisee, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Performance Bond. No later than thirty (30) days after mailing to the Franchisee by certified mail notification of a withdrawal pursuant to Section 12.4 above, the Franchisee shall replenish the performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the performance bond shall constitute a material breach of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Performance Bond. The performance bond required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Franchisee. The Franchisee shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of a replacement bond or policies within thirty (30) days following receipt by the City or the Franchisee of any notice of cancellation, alteration, or non- renewal. 12.7 Inflation. To offset the effects of inflation, the amount of the bond provided for herein is subject to a reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three (3) year period, at the sole discretion of the City. 12.8 Provision of Performance Bonds. A performance bond furnished to comply with the provisions of this franchise shall be issued by a company which is licensed to do business in the state and which has received an "A" or better rating provided buy the A.M. Best Company or other recognized rating entity agreed to by the City. 16 12.9 Insurance for Contractor and Subcontractors. The Franchisee, or its subcontractors, shall provide coverage for any contractor or subcontractor involved in the construction, installation, maintenance, removal, or operation of the cable system by either obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to obtain appropriate insurance coverage consistent with this Franchise and appropriate to the extent of its involvement in the construction, installation, maintenance, removal, or operation of Franchisee's cable system. XIII. LIABILITY AND INSURANCE. 13.1 Certificate of Insurance. Not later than thirty (30) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Franchisee shall furnish to the City a copy of the certificate of insurance for insurance required under this section. Failure to furnish said certificate of insurance in a timely manner shall constitute a material breach of the Franchise Agreement. At the City's request, the Franchisee shall furnish a certificate of insurance which are in effect from time to time. 13.2 No Liability Limit. Neither the provisions of this article or any damages recovered by the City hereunder, shall be construed to limit the liability of the Franchisee for damages under this Franchise. 13.3 Endorsement. All insurance policies maintained pursuant to this Franchise Agreement shall contain an endorsement in substantially the following form: (a) It is hereby understood and agreed that this insurance policy may not be modified or canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City of Cape Canaveral, City Manager, by certified mail, of a written notice of such intention to cancel or not to renew. (b) Each policy shall require that thirty (30) days prior to cancellation of or a material change in the policy a written notice thereof shall be delivered to the City Manager. (c) Insurers shall have no right of subrogation or recovery against the City, it being the intention that the insurance policies shall protect the City and shall be primary coverage for all losses covered by the policies. 13.4 State Institution. All insurance policies pursuant to a Franchise agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. 13.5 Named Insured. The City shall be named as an additional insured for all insurance policies written pursuant to a Franchise. 13.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to 17 reasonable increases at the end of every three (3) year period of the Franchise, applicable to the next three year period, at the City's discretion. 13.7 Commercial General Liability Insurance. The Franchisee shall maintain throughout the term of the Franchise, general liability insurance insuring the Franchisee in the minimum of: (a) $5,000,000 for property damage, single limit; and (b) $5,000,000 single limit liability for personal bodily injury or death to any one person; and Such general liability insurance must include coverage for all of the following: comprehensive form, premises operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. 13.8 Automobile Liability Insurance. The Franchisee shall maintain throughout the term of the Franchise, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: (a) $5,000,000 single limit liability for bodily injury and consequent death per occurrence; and (b) $1,000,000 for property damage per occurrence. 13.9 Worker's Compensation. The Franchisee shall maintain throughout the term of the Franchise, worker's compensation insurance coverage in the minimum amount required by the State of Florida and the employer's liability requirements, whichever is greater, for worker's compensation claims, as amended from time to time. XIV. INDEMNIFICATION. 14.1 Indemnification. Franchisee shall, at is sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, city attorneys, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct of Franchisee's business in the City, or in any way arising out of Franchisee's enjoyment or exercise of the Franchise granted hereunder. Such indemnification shall not extend to any claims caused solely by the misconduct or negligence of the City, its officials, boards, commissioners, agents or employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings; claims arising out of copyright infringements or a failure by Franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system; claims arising out of 47 U.S.C. § 558; and claims against Franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person. Nothing in this section shall prohibit the City from participating in the defense of any litigation by its own counsel where the City is a named party. 18 14.2 Condition. The foregoing indemnity is conditioned upon the City giving the Franchisee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the City from requesting from the Franchisee permission to cooperate with the Franchisee and participate in the defense of any litigation by its own counsel where the City is not a named party at its own costs and expense. XV. DESIGN AND CONSTRUCTION PROVISIONS. 15.1 Authorization to Commence Construction and Application Procedures. To the extent generally required of other users of the public rights-of-way, prior to the installation or erection of any towers, poles or conduits, other than minor or emergency excavation and maintenance, the Franchisee shall first submit to the City for review a concise description of the facilities proposed to be maintained, erected, removed, or installed, including engineering drawings, if required by the City. No erection or installation of any tower, pole, underground conduit, or fixture, excavation of other than a minor or emergency nature shall be commenced by any person until proper permits have been received from the City. 15.2 City Maps. The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures or utilities. 15.3 Construction Bond. (a) Prior to the commencement of any major construction project, Franchisee shall furnish and file with the City a construction bond in the amount of $150,000. For the purposes of this section a major construction project shall mean any construction project within the City whose costs exceed $1,000,000 in any calendar year. The construction bond shall be conditioned upon and insure that Franchisee does not create, and leave uncured, any public safety hazard that would endanger the community. After thirty (30) days of the completion of any major construction project, Franchisee may remove the construction bond and the City shall execute all necessary documents to affect such release. (c) The construction bond shall be subject to the reasonable approval of the City Manager and the City Attorney, and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (d) The rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Agreement or at law or equity, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the City. 15.4 Compliance with Construction and Technical Standards. The Franchisee, through the cable system, shall provide uniform, strong signals which are free from any significant distortion and interference as required by FCC. The cable system shall be designed, constructed, operated and maintained for 24 -hours -a -day continuous operation. The system shall produce, for reception on 19 subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any noticeable interference or distortion which would cause any material degradation of video or audio quality as required by FCC and including any such standards as hereinafter may be amended or adopted by the FCC or other applicable Federal or State law pertaining to digital transmission, High-definition television, or other advanced technologies. To the extent required by FCC, rules and applicable federal and state law, the Franchisee shall perform, as its sole expense, performance testing of the cable system and shall provide such results to the City upon request within 10 business days of the City's requesting the results of such tests. 15.5 Quality of Construction. Construction, installation, reconstruction, operation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. The Franchisee shall utilize its best efforts to have all cables and wires installed, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations. Nothing herein shall preclude underground installation. 15.6 Use of Public Rights -of -Way. (a) To the extent generally required of other users of the public rights-of-way, any public rights-of-way excavated or otherwise disturbed by the Franchisee shall be done under the supervision and direction of the City under permits issued for work by the City, and shall be done in such a manner as to give the least inconvenience to the citizens of the City. Franchisee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such rights-of-way to as good a condition as before the work was done, and shall also prepare, maintain and provide to the City full and complete plats, maps and records showing the exact locations of its facilities located within the public - rights -of -way, as many be required under the City's permitting procedures. (b) Except to the extent required by law, the Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, or any other type of governmental improvement; provided, however, that the Franchisee shall, in any such case have the privilege of abandoning any property in place. (c) Franchisee shall, at the request of any person holding a building permit issued by the City, temporarily raise or lower its wires, cables, etcetera to permit construction or maintenance on private and public property. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The Franchisee shall be given not less than seven (7) business days advance notice to arrange for such temporary cable or wire changes. 20 (d) All safety practices required by law shall be followed during construction, maintenance, repair and operation of a cable system. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any pre-existing gas, electric, telephone, water, sewer or other utility facilities, so as to obstruct or hinder in any manner the various utilities serving the residents of the City or their use of any street or any other public rights-of-way. (e) Franchisee shall, at all times: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of any applicable building code or electrical safety code, and in such manner that they will not interfere with any installations of the City. (2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, cables, equipment, and connections in, over, under, and upon the public -rights-of-way. (f) The City shall encourage, to the extent feasible, that a public utility and the Franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches will be shared equitably by all users of such trenches. The Franchisee shall at all times comply with the requirements of the Trench Safety Act codified in Sections 553.60 through 553.64, Florida Statutes. (g) Regarding permits and compatible easements, the following requirements shall apply: (1) It shall be the responsibility of the Franchisee to obtain all necessary written permits and approvals of governmental agencies and easement holders prior to beginning installation. It shall also be its responsibility to determine any conflicts of its proposed installation with the facilities or equipment of other easement holders or beneficiaries. (2) The Franchisee shall join and maintain a continuous membership in Sunshine State One -Call of Florida, Inc. and use its services prior to each installation. (3) The Franchisee shall comply with the provisions of 47 U.S.C. § 541(A). (4) Underground installations in compatible easements shall be in accordance with the National Electrical Safety Code. (5) Upon request from the City, the Franchisee shall make available for review by the City a set of as -built plans of the installation in compatible easements at the Franchisee's office. 15.7 Underground Installation. 21 (a) All installations shall be underground in those areas of the City where public utilities providing telephone and electric service are underground at the time of installation or where City Code requires underground installation. Unless the City Code provides otherwise, in areas where either telephone or electric utility facilities are above ground at the time of installation, the Franchisee may install its cable system above ground; provided, that at such time as those facilities are required to be placed underground by the City or are placed underground, the Franchisee shall likewise place its cable system underground without additional cost to the City so long as the Franchisee is provided with access to the open trenches at the time of excavation. In the event that the City shall lawfully elect to enforce such underground requirements, the Franchisee shall be compensated as other users of the public rights-of-way are compensated for rearranging and/or relocating their facilities. Where not otherwise required to be placed underground by this Franchise, the Franchisee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. Any and all cables to be constructed under any paved street or alley, or other public right-of-way shall be accomplished by the jacking of an underground pipe or conduit, including the use of the jack and bore method and directional bore application. And under no circumstances shall cable be constructed under a paved street, alley or other public way by digging or excavating from the surface of the paved street without the approval of the City. All cable passing under the street shall be installed in conduit. (b) Prior to performing any underground construction, the Franchisee shall use its best efforts to locate, in advance, any water, sewage, gas, electric, drainage or other utility (including other cable systems) lines, including compliance with Chapter 556, Florida Statues, to the extent applicable. Where any damages or alterations occur to said utility lines in the public right-of-way as a result of construction, reconstruction, maintenance, or removal of the cable system by the Franchisee, its agents or independent contractors, the cost of such repairs including all services and material will be the responsibility of the Franchisee, providing any information relied upon by the Franchisee as to the location of any underground utility line was accurate. 15.8 Construction Notice. Except with regard to routine maintenance and emergency circumstances, the Franchisee shall give appropriated notice to the City and residents within a reasonable period of time of proposed construction, reconstruction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than five (5) business days before such commencement. 15.9 Interference with Persons, Public and Private Property, and Utilities. The Franchisee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall: (a) Not endanger or interfere with the health, safety or lives of persons; 22 (b) Not interfere with any improvements which the City, county or state may deem proper to make; (c) Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual construction or repair; (d) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repairs; and (e) Not obstruct, hinder or interfere with any existing gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the City. 15.10 Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Franchisee shall, at its own cost and expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good a condition as before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the City or the governmental entity having operational and maintenance responsibility for the public right-of-way. Unless otherwise approved by the City Manager, such restoration shall be undertaken within no more than ten (10) business days after the damage is incurred and shall be completed as soon as possible thereafter. 15.11 Private Property. The Franchisee shall promptly repair or replace all private property, both real and personal, damaged or destroyed, as a result of the construction, installation, operating or maintenance of the cable system at its sole cost and expense. 15.12 Tree Trimming. The Franchisee may trim trees or other vegetation to prevent branches, leaves or roots from touching or otherwise interfering with its wires, cables, or other structures as follows: (a) Except for emergencies, all tree/root trimming or pruning to be conducted on public property or public rights-of-way shall be done only in accordance with City policies; (b) All trimming or pruning shall be at the expense of the Franchisee and shall be performed in accordance with applicable City Codes; (c) Any and all persons engaged by the Franchisee to provide tree trimming or pruning services shall be deemed, for purposes of the Franchise, an employee or agent of Franchisee when engaged in such activity, and in no event shall such person be deemed to be an employee of the City; and (d) The Franchisee shall use its best efforts to obtain the prior permission of the owner of any privately owned trees or other vegetation before it prunes or trims same. 23 15.13 Erection, Removal, and Common Use of Poles. No poles shall be erected by the Franchisee without prior approval of the City with regard to location, height, type and any other pertinent aspect and in accordance with City Code. Such approval shall not be unreasonably withheld. However, no location of any pole of the Franchisee shall be vested right, and such poles shall be removed, relocated or modified by the Franchisee at its own expense whenever the City determines that the public safety and convenience would be enhanced thereby. The City may also require that such poles shall be removed, relocated or modified by the Franchisee at the City's expense for other reasons. In the event that a pole owned by other than the Franchisee is to be moved either at the request or direction of the City and Franchisee is making use of said pole, the Franchisee shall remove, relocate or modify its lines, wires, appurtenance, and equipment attached to said pole at Franchisee's expense at the request of the City and be compensated as others users of the rights-of-way are compensated for moving their facilities. The City shall have the right, during the term of the Franchise, to install and maintain on reasonable terms and conditions upon the poles owned by the Franchisee, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the Franchisee. 15.15 Cumulative Leakage Index ("CLP') Monitoring. The Franchisee shall comply with FCC requirements with regard to CLI monitoring on an on-going basis. The results of said monitoring shall be made available to the City upon written request. 15.16 Cable System Upgrade. Franchisee shall keep the City advised of future upgrades to the cable system. To the extent technically and economically feasible, the Franchisee shall implement new technologies when made available and deemed commercially reasonable to fully satisfy its obligations and duties under this Agreement. XVI. SERVICE TO SUBSCRIBERS. 16.1 Franchisee shall use its best efforts to ensure the consistent provision of quality cable services to all subscribers serviced by the Franchise. 16.2 Programming. (a) Inform Subscribers. To the extent required by applicable law and regulations, the Franchisee shall inform subscribers, via written notice of proposed programming changes at least thirty (30) days in advance of said change. (b) Subscriber Electronic Equipment. The Franchisee shall abide by all FCC regulations pertaining to providing a cable system compatible with subscriber equipment. (c) Emergency Override. The Franchisee shall comply with FCC EAS requirements. (d) Government Access. Government access programming is provided by Brevard County through Space Coast Government Television (SCGTV) 16.3 Minimum Facilities and Services. 24 (a) Franchisee's cable system shall have a minimum capacity of not less than fifty (50) video channels available. (b) Franchisee shall provide SCGTV consistent with this Agreement. (c) Franchisee shall provide leased access channels as required by federal law. (d) Franchisee shall, within thirty (30) days of written request by the City, provide one outlet of basic and CPST cable television service at no cost and without installation or monthly service charge to the following facilities within the City when its lines have been extended to within one hundred twenty five (125) feet of the named facilities: all public schools (excluding home schools), City police departments, City fire departments, public works administration building and other buildings owned and occupied by the City and used by the City for municipal purposes. The Franchisee shall charge no more than its time and material costs for providing any additional service outlets to such facilities. (e) To the extent required by federal law, Franchisee shall make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired. The Franchisee may impose a reasonable charge for such equipment. 16.4 Privacy and Billing. (a) Subscriber privacy. The Franchisee shall at all times protect subscriber information to the full extent required under Title 47 U.S.C. § 551 and other applicable federal and state laws. (b) Negative Option Billing. Negative option billing, as prohibited by federal law, is prohibited under this Agreement. 16.5 Consumer Services. The Franchisee shall abide by the Federal customer service standards set out in FCC Section 76.309, as amended from time to time. (a) Business Office. The Franchisee shall establish, operate and maintain a business office within Brevard County. The purpose of the facility will be to: receive inquiries, requests and complaints concerning all aspects of the cable system; and receive payment of subscribers' service charges. Business office hours will be those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours. Under normal operating conditions, the business office shall maintain a staff adequate to process complaints, requests for installation, service or repairs, and other business in a timely and efficient manner. "Normal operating conditions," as that term is used in this section, includes all conditions except times of natural disasters, power outages, civil disturbances, telephone network outages, severe or unusual weather conditions, and includes, but is not limited to, other similar types of circumstances beyond the control of the Franchisee. (b) Telephone Service. The Franchisee shall have a listed toll-free telephone number for service calls available twenty-four (24) hours a day, seven (7) days a week and for consumer information, complaints, and installation/disconnection of service available during regular business office hours. Said telephone number(s) shall be made available to 25 the general public by the telephone information operator by publishing it in the local telephone directory and by prominently printing it on every subscriber's monthly cable bill. The Franchisee shall provide a telephone number to the City and utility companies to enable the City or utility companies to reach the Franchisee in case of emergency on a twenty-four (24) hours a day, seven (7) days a week basis. The number shall be a telephone number where City or utility company officials will be able to reach an appropriate Franchisee official as quickly as possible. Telephones will be answered within thirty (30) seconds and transitions of calls from one person to another person shall be made within thirty (30) seconds, ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis. The caller shall receive a busy signal less than three percent (3%) of the time. Under normal operating conditions, the Franchisee shall begin working on service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The Franchisee shall begin actions to correct other service problems the next business day after notification of the service problem. A technician may cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment, but only if the Franchisee's technician first contacts the subscriber to notify them of the cancelled appointment. The appointment will be rescheduled at the convenience of the subscriber If the installer is running late and will not be able to keep the service appointment as scheduled, the subscriber will be contacted, and the appointment will be rescheduled, at the subscriber's convenience. 16.6 Disconnection and Downgrades. (a) Upon notice to Franchisee, a subscriber may terminate any cable service at any time. (b) When receiving a request to terminate, Franchisee shall promptly disconnect from the Franchisee's cable system or downgrade the service as requested. Charges for any voluntary disconnection, and any downgrade charges shall be in conformance with applicable law. Franchisee shall not impose any charge for service delivered after the requested date of disconnection or downgrade, provided the request is made at least twenty four (24) hours prior to the requested date of disconnection or downgrade. As provided for under federal law, subscribers may request a downgrade at no charge if made within thirty (30) days of a rate increase. (c) Any security deposit or other funds due a subscriber that disconnects or downgrades service shall be returned to the subscriber no later than either the next billing cycle, or thirty (30) days, whichever is earlier from the date disconnection or downgrade was requested, except where the subscriber does not permit the Franchisee to recover its equipment, in which case the amounts owed shall be paid to subscriber no later than thirty (30) days or the next billing cycle after the date the equipment was recovered by Franchisee, whichever is earlier. (d) Franchisee may not disconnect a subscriber's cable service for non-payment unless: (1) The subscriber is delinquent in payment for cable service; and 26 (2) A separate, written notice of impending disconnection, postage pre -paid, has been provided to the subscriber at the subscriber's billing address, at least twenty (20) days prior to the designated date on which service is to be disconnected. The amount subscriber must pay to avoid disconnection shall be stated on the notice; and (3) The notice of delinquency and impending termination may be part of a billing statement, provided that said notice is conspicuously stated; and (4) The subscriber has failed to pay, after notice, the amounts owed to avoid disconnection by the date of disconnection and no pending inquiry exists regarding the bill. (e) Franchisee may immediately disconnect a subscriber if: (1) The subscriber has damaged or destroyed or unlawfully tampered with the Franchisee's cable system; (2) The subscriber is not authorized to receive cable service, or is facilitating or aiding or abetting the unauthorized receipt of cable service by others; or (3) Subscriber -installed or attached equipment is resulting in signal leakage in violation of FCC rules, provided the subscriber has failed to correct immediately upon notice from Franchisee. (f) After disconnection, the Franchisee shall restore cable service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and has paid all fees and charges, including any reconnect fees and all amounts owed the Franchisee for services unlawfully received and for damage to its cable system or equipment. 16.7 Service Outages and Rebates. (a) Major Outages. The Franchisee will begin working on a "major outage" promptly no later than twenty-four (24) hours after the interruption becomes known. A "major outage" is defined as total disruption of service to a majority of subscribers within the corporate boundaries of the City. (b) Other Outages. The Franchisee must begin actions to correct "other outages," not considered a "major outage", the next business day after receiving actual or constructive notification of the outage. The repair of such outages shall take into consideration the safety and security precautions for all cable systems personnel. "Other outages" shall include, as a minimum, total disruption of service to at least three (3) subscribers. (c) Credits. At the request of the subscriber, subscribers shall receive a credit for any outage which constitutes a total disruption of service, providing said outage is caused by the actions or inactions of the Franchisee. At the request of the subscriber, subscriber shall receive a credit for "major outages". In order to receive the credit for outages that are not 27 "major outages," the subscriber must notify the Franchisee within seven (7) days from the final day of the outage and request a credit. 16.8 Complaint Records. The Franchisee shall keep full and complete records in connection with all written complaints in connection with the cable system. Such records shall identify the person contacting the Franchisee, and the person responding on behalf of the Franchisee, the subject matter of the contact, the date and time it was received, the resolution of the matter in question or the action taken by the Franchisee in connection with the contact, and the date and time thereof, and such other information as may be deemed pertinent by the Franchisee. These written records shall be made available to the City within ten (10) business days of the City's request subject to applicable privacy laws. A summary of written complaints shall be prepared by the Franchisee and submitted to the City annually, upon request. The summary shall be in a format acceptable to the City. 16.9 Subscriber Solicitation. Door to door solicitation will be in compliance with applicable City ordinances. 16.10 Installation and Connection. (a) Stranding. (1) Franchisee shall be required to extend its distribution facilities and provide service throughout the entire Franchise area to any residential subscribers whenever there exists a minimum density of twenty (20) dwelling units for each strand -mile of cable extension required or portion thereof where the ratio of twenty (20) dwelling units per strand -mile is maintained. For purposes of this section, density per strand -mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions thereof, of the total amount of aerial or underground cable necessary to make service available to the residential dwelling units in such area in accordance with Franchisee's system design parameters. The cable length shall be measured from the nearest point of access to the then -existing cable system, provided that extension is technically feasible from that point of access, and located within the public rights-of-way. The total cable length shall exclude the drop cable necessary to serve individual subscriber premises. (2) The Franchisee shall not be responsible for providing service in this area or meeting the density requirements herein if: (i) The Franchisee is precluded by the property owner, instrument of record or contact from providing cable services or construction and installation of facilities and equipment; (ii) Another cable operator is providing such service; or (iii) A SMATV operator is providing cable service to the area. 28 (3) Nothing herein shall preclude the Franchisee from charging for the construction or installation of facilities and equipment to provide service to subscribers requesting such where the strand -mile density is less than that required in this Agreement. (b) Service obligations. Within seven (7) days of a request for service by any person or entity, the Franchisee shall furnish the requested service to such person or entity if a standard installation is within one hundred twenty five (125) feet from the prospective subscriber's residence. If not within one hundred twenty five (125) feet, service shall be provided within thirty (30) days of a request for service, except where permitting takes longer periods of time. A non-standard installation is an installation over one hundred twenty five (125) feet, and in such cases the provision of service will be handled under a share cost program between the Franchisee and the subscriber. (c) Standard Installations. The standard installation shall consist of service not exceeding one hundred twenty five (125) feet from a single point or pedestal attachment to the subscriber's residence. The desire of the subscriber as to the point of entry into the residence or commercial establishment and location of pedestal, if on the subscriber's property, shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The Franchisee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be completed as soon as possible thereafter. 16.11 Quality of Service. The Franchisee expressly undertakes and agrees that it will at all times during the term of the Franchise transmit signals of strength and quality, and use such material and components in accordance with FCC technical standards. 16.12 Signal Theft. The Franchisee shall, at all times, take reasonable measures to detect and prohibit cable signal theft within the City. XVII. REPORTS AND RECORDS. 17.1 Annual Reports. Upon request and within forty-five (45) days after the expiration of the fiscal year, the Franchisee shall provide the City an annual report which includes the following information: (a) A summary of the previous year's activities in development of the cable system that includes services initiated or discontinued, number of basic subscribers in the City and miles of cable distribution plant in service. The summary shall also include any construction, including system upgrades, during the year as well as rate and charge increases and/or decreases for the previous fiscal year. (b) A copy of updated maps showing areas served. Such materials shall be marked "proprietary and confidential" and shall be kept confidential to the extent permitted by law. 29 (c) A summary of the number, type and duration of outages, the reason for the outage, and the number of subscribers affected if affecting 500 or more subscribers in the City. 17.2 Required Documentation. Upon request of the City, a Franchisee shall provide, on an annual basis, one or more of the following documents to the City as received or filed, without regard to whether the documents are filed by Franchisee or an affiliate, and only if Franchise Fees are paid directly to the City by the Franchisee: (a) If Franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; if Franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report; and a list of all persons holding five percent (5%) or more ownership or otherwise cognizable interest in Franchisee pursuant to 47 C.F.R. 76.501. (b) A copy of Franchisee's rules and regulations applicable to its subscribers. (c) A full schedule and description of services, service hours and location of Franchisee's customer service office(s) available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system. (d) Any and all notices of deficiency, forfeiture or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the cable system, provided however, that any such notice or documents need be provided only to the extent the same may directly or indirectly affect or bear on Franchisee's operations in the City. (e) Any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy. 17.3 Inspect Records. Access to the aforementioned records shall not be denied by the Franchisee on the basis that said records contain "proprietary" information, unless applicable law exempts said records. Any proprietary confidential business information obtained by the City from Franchisee shall be considered confidential and exempt from the provisions of s. 119.07(l) and s. 24(a), Article I of the State of Florida Constitution as provided under the Communications Services Tax Simplification Law, Chapter 202, Florida Statutes. 17.4 Public Records. Upon written request by Franchisee and subject to applicable law, including Chapter 119 of the Florida Statutes, information of a proprietary nature submitted by Franchisee to the City pursuant to this Franchise shall not be made available for public inspection. XVIII. RATES. The City reserves the right to regulate rates pursuant to the Federal Cable Act. XIX. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. All services rendered and all rules and regulations adopted by Franchisee shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity in accordance with federal and state law. 30 XX. ENFORCEMENT. 20.1. Relief. In addition to any other rights or remedies available at law or equity or provided under this Agreement, the City may seek legal or equitable relief from any court of competent jurisdiction to enforce the provisions of this Agreement. 20.2 Waiver. Failure of the City to enforce any requirements of this Agreement or any City Code regulating cable systems operations shall not constitute a waiver of the City's right to subsequently correct or enforce such requirements, terms or conditions. XXI. MISCELLANEOUS PROVISIONS. 21.1 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal- agent relationship between the parties, and neither party is authorized to, nor shall either party act toward, third persons or the public in any manner which would indicate any such relationship with the other. 21.2 Entire Agreement. This Agreement and all existing City Code provisions regulating cable system operations are incorporated herein by reference, represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersede all prior oral negotiations between the parties. This Agreement may be amended, supplemented, modified, or changed only by an agreement in writing and signed by both parties and, if required by law, adoption of an ordinance by the City. 21.3 Provisions Cumulative. The rights and remedies reserved to the City by this Franchise are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the City may have with respect to the subject matter of this Franchise subject to applicable law, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. 21.4 Notices. All notices from the Franchisee to the City pursuant to this Agreement shall be sent to: City Manager, City of Cape Canaveral, 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. All notices to the Franchisee shall be sent to: Vice President, Government Affairs, Bright House Networks, whose address is 2251 Lucien Way, Maitland, FL 32751. The names and addresses in this section may be unilaterally amended by either party at any time by giving written notice to the other party. 21.5 Captions. Captions to sections throughout this Franchise are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 21.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement. 21.7 Governing Law/Venue. Except as to matters which are governed by Federal Law or regulation, this Franchise shall be governed by and construed in accordance with the laws of the State of Florida, applicable City Codes, and this Agreement. If any part, section, subsection or other 31 portion of this Agreement conflicts or subsequently comes into conflict with any federal or state law, the prevailing law shall control and apply. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For the purpose of state court action, venue shall lie within Brevard County, Florida, and for the purpose of federal court action, venue shall lie within the Orlando Division of the Middle District of Florida. 21.8 Attorneys' Fees. In the event of any litigation or dispute arising out of this Franchise, each party shall bear their own attorneys' fees and costs incurred in such action. 21.9 Renegotiation Clause. In the event of a material change in federal or state law(s) or Federal Communications Commission rules, the City and the Franchisee mutually agree to renegotiate those particular terms of this Franchise affected by changes in said law(s) or rule(s). This Franchise shall remain in full force and effect until any negotiated amendments have been duly approved by both the City and Franchisee. However, should any change to federal or state law occurring during the term of this Franchise have the lawful effect of materially altering the regime of cable franchising, then Franchisee shall have the option of terminating this Franchise in order to opt -in to such new regime. 21.10 Police Power; Reservation of Rights. Franchisee shall at all times be subject to and shall comply with all applicable federal, state and all generally applicable local laws. Franchisee shall at all times be subject to all lawful exercise of the police power of the City to adopt and enforce generally applicable ordinances, resolutions, rules, regulations, written policies and practices necessary to the convenience, health, safety and welfare of the public, and shall comply with all applicable ordinances, resolutions, rules, regulations, written policies and practices by the City pursuant to such power. The City shall have all power conferred on a cable franchising authority not otherwise preempted by federal or state law. Subject to applicable law, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this Agreement shall not be deemed to constitute a waiver of such right or a waiver of requiring compliance or performance. 21.11 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statues, or other limitations imposed regarding the City's potential liability under state or federal law. 21.12 No Third Party Beneficiary. This Agreement is solely for the benefit of, and shall be binding upon, the parties hereto and their respective successors in interest. No right or cause of action shall accrue upon, or by reason hereof, to or for the benefit of any person not a party to this Agreement or a successor in interest. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first about written. 32 Signed, sealed, and delivered CITY: In the presence of: CITY OF CAPE CANAVERAL, FLORIDA a Florida municipal corporation Sign: Print Name: Address: Sign: Print Name: Address: ATTEST: Susan Stills, City Clerk Approved as to legal form and sufficiency for The City of Cape Canaveral Only: Anthony A. Garganese, City Attorney STATE OF FLORIDA ) COUNTY OF BREVARD ) By: Rocky Randels, Mayor Address: 105 Polk Ave. P.O.Box 326 Cape Canaveral, FL 32920 The foregoing instrument was acknowledged before me this day of ,2006, by , as of the City of Cape Canaveral, Florida, a Florida municipal corporation, on behalf of the aforesaid corporation. He is personally known to me or has produced as identification. Notary Public 33 Sign: Print Name: Address: Sign: Print Name: STATE OF _ COUNTY OF State of Florida at Large My commission expires: Print Name: FRANCHISEE: BRIGHT HOUSE NETWORKS, LLC, By: J. Christian Fenger, President Address: The foregoing instrument was acknowledged before me this day of ,2006. He is personally known to me or has produced as identification. Notary Public State of Florida at Large My commission expires: Print Name: 34 Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Ordinances -l' Reading Item 16 No. allow the continuation of a nonconforming use or structure. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 17-2006, AMENDING CHAPTER 110, RELATING TO THE REGULATION OF NONCONFORMNG USES AND STRUCTURES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 17-2006, amending Chapter 110, relating to the regulation of nonconforming uses and structures as recommended by the Planning Zoning Board. Summary Explanation & Background: The proposed ordinance is a result of a joint code review workshop with the Planning & Zoning Board. Please take note of Section 110 -200 -Special Building Permit. This is an innovative way for City Council to allow the continuation of a nonconforming use or structure. I recommend approval at first reading. Exhibits Attached: P&Z memo dated 09-15-06; Ordinance No. 17-2006 City Manager's Department GROWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meeting\2006\10-03-06\17-2006,doc From City of Cape Canaveral September 15, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance for Nonconforming Uses and Structures At the Planning & Zoning Board meeting, held on September 13, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance, with the amendment that the wording "special permit" be changed to "special building permit". Please schedule this item for an upcoming City Council meeting. 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 Planning & Zoning Board Meeting Minutes September 13, 2006 Page 5 t Mr. Wiedermann spoke about negative impacts to existing merchants if the City goes forward with the adoption of the proposed ordinance. He offered to facilitate a workshop with Coastal Fuels and other fuel merchants with the City to further outline the affect that this ordinance may have. He stated for the record that he was an employee of Coastal Fuels. A resident of the City questioned the Coastal Fuels representative as to why the facility has not complied with EPA regulations. Chairperson McNeely advised that the question was not part of what the Board was considering at this time but, it would be addressed. Evelyn "Annie" Tennenbaum commented that the reason why they are here is because Coastal Fuels is adjacent to their property and there is a conflict. She suggested that they find other places to expand. Discussion followed. Lamar Russell explained that in 1991 when the special exception was granted to Coastal Fuels for an expansion the Board thought that liquid and liquefied were both the same. Mark Morrison, 8931 Lake Drive, thanked the Board and Building Official. He reiterated what Lamar Russell had already said that the City code does not allow Coastal Fuels to expand. He advised that Coastal Fuels or anyone has a right to request a change in the City code. He stated that if Coastal Fuels does that the Board will see all of the residents again. He commented that the ordinance was exceptionally well done. Motion by Lamar Russell, seconded by Donald Dunn, that the Board make no recommendation at this time. That the Board will reconsider the proposed ordinance amending Section 110-354 (c) (6) at a later meeting after the City Attorney's office and City staff work together to redefine liquefied petroleum storage with clear unified appropriate definitions; define fire district(s) and where they should be applied; apply buffers and safety factors; and City staff identify the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City. Vote on the motion carried unanimously. 4. Review and Recommendation to City Council Re: Proposed Ordinance Clarifying Non -Conforming Uses and Structures - Section 191-201 of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, advised that the proposed ordinance was a result of several workshops and all of the recommendations are incorporated into this ordinance. The Board members reviewed the proposed ordinance. Discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed ordinance to City Council with the amendment that the wording "special permit" be changed to "special building permit". Vote on the motion carried unanimously. ORDINANCE NO. 17-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Article V, regarding nonconformities, and determined on March 7 and 21, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 17-2006 Page 1 of 14 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and sffikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent: rules of interpretation; building and fire codes: definitions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is desi n e�provide standards and guidelines for the control and management of nonconforming uses and non -complying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to permit these nonconformities and non -compliances to continue until they are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the zoning districts involved unless the City Council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. Within the disfficts established by this chaptei ot stibsequent amendments thete exist lots, structures, placement of structures, uses of land and structures and charactetistics of use Which were lawful prior to ellactrylent of the ordinance fioin which this section is detived o, chapter or subsequent aniendinent. it is the intent of this Chapter to pellifit these City of Cape Canaveral Ordinance No. 17-2006 Page 2 of 14 .. I III III Loin.. .. I Ili I III I'll, Ili 1110M l�l .. ... .. (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for, or approval of, the continuation of any illegal use of a building, structure or land or illegal structure or building that was in violation of any ordinance in effect at the time of the passage of this article or any amendments thereto. The casual, intermittent, temporary or illegal use of land, building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful building permit issued for any building or structure prior to the enactment of this article, the construction of which is in conformity with site plans, if applicable, and building plans shall be deemed nonconforming under this article if the building or structure is built in full compliance with the City Code as it existed at the time of the issuance of the building permit. In the event there is a conflict with the provisions of this article and a specific amortization provision requiring the removal or modification of a nonconforming structure or discontinuance of a nonconforming use of land, the provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply_ Any buflding Which is made nonconforining by vitue of this chapteT shaff be afivillmed to be leplaced, if it is destioYed, to the Same standaids that it was prior to the adoption of this chapter (Septembet 6, if 983). This shall rdso include those projects Which are yet to be conipfeted, but Foir Which application for site Plan approval has been inade PHUT tv aduptivir of this chapte, and for which a building permit was obtained before February 28, i 984. if a rebuilding is required, all efforts shaff bemade, whete practicable, to conform to the existing zil ordinance. (c) Building and fire codes. No provision contained in this article, or elsewhere in the City Code, shall nullify, void, abrogate or supercede any requirement contained in a building or fire code that is duly enacted by law. All nonconfoinfing lots of record as I Septembe, 6, f 983, shali be aHowed to be used in constructing structures that have beell destroyed. The (d) Definitions. As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: M Destroyed or destruction shall mean damage by any means, except by vandalism or other criminal or tortious act by someone other than the property owner, such that the cost to repair or reconstruct the structure exceeds fifty percent (50%) of the fair market value of the structure at the time of destruction, as established by the Brevard CountProperty Appraiser or by a licensed appraiser, whichever is greater. City of Cape Canaveral Ordinance No. 17-2006 Page 3 of 14 Lot of record shall mean a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the description of which has been recorded in the official record books of Brevard County, Florida, and complies with the subdivision of land regulations of the City. Nonconforming or Nonconformity shall mean any lot, structure, use of land or structure, or characteristic of any use or structure which was lawful at the time of subdivision, construction, or commencement, as the case may be, which over time no longer complies with the City Code or other applicable law due to a subsequent change of the City Code or other law. This chapter shall not be construed to allow f0i the extension o, enlmgement of a nonconforming lot u, buflding but is ineleiy intended to allow the rebuilding of structures after the result of a catastrophe in as Structural materials shall mean any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110-193. Continuance of Nonconforming structures. The lawful use of a nonconformine structure may be continued subject to the following provisions: (a) No such structure may be enlarged or altered in a way which increases its nonconformity; Any structure or portion thereof may be altered to decrease its nonconformity; (c) Should such structure be destroyed, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and City of Cape Canaveral Ordinance No. 17-2006 Page 4 of 14 Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. . . . .. .NMI... . . . . .. . . . . . . 1191111111111 111111111 11111111 11116121,91 or.19AR"moligr.15. tmilegamij ... . . .. . . .. . . . .. .. . . . . ... I NMI .. .. .. .. . .. . . .. :. .: .: . .Ilk I I. .. . . Sec. 110-194. Continuance of Nonconforming uses of land. A nonconforming use lawfully existing at the time of the enactment of the City Code or any subsequent amendment thereto may be continued subject to the following provisions: (a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the adoption or subsequent amendment of the City Code; unless such use is changed to a use permitted in the district in which such use is located; (b) No such nonconforming use shall be moved in whole or in part to any other portion City of Cape Canaveral Ordinance No. 17-2006 Page 5 of 14 of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; (c) No additional structures which do not conform to the requirements of the City Code shall be erected in connection with such nonconforming use of land. .. 1 000 moliall rim Ill= 61"10 Illbiwl . . .. . . . . .. . . . . . 101 WINAWW"-, 1,112 to I .... .. . . . . . . . . . . . ... . . .. ,1211,11 1 11,11112,10! Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination; change of use. If a lawful use involving individual structures, or of structures and premises in combination, exists at the adoption or subsequent amendment of the City Code, that would not be allowed in the zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Sat No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located; Sb2 Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article but no such use shall be extended to occupy any land outside such buildings City of Cape Canaveral Ordinance No. 17-2006 Page 6 of 14 (c) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed, and Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforminiz status of the land. . . .. . ... 111111.11 Ish 1 11111111111 1111 . .11 1.. . . . Bill 111211J.1 ORMOAME I .. .• -11 1 Sol IJ%Rm . . . .. . 11 11. . . City of Cape Canaveral Ordinance No. 17-2006 Page 7 of 14 ...... .. . ... .. 50,000.00 over §6- L{$1 Notwithstanding subparagraphs (a) through (d) of this section (`�), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area. A petition for a change shall be submitted to the building official and shali C011taill o, be subject to the following, An application for a change of use shall be submitted to the building official and shall include the following: a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. C. A sealed, as -built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. Clear and convincing evidence that demonstrates that the proposed City of Cape Canaveral Ordinance No. 17-2006 Page 8 of 14 nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area than the present nonconforming use. The due process and notice provisions set forth in section 110-28 shall apply to all applications for change of use. Mf-. All proposed applications for change of use shall be submitted to the planning and zoning board for its study and written recommendation to the board of adjustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. Wig- Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall issue a written order certifying whether or not the proposed nonconforming use is equally or more restrictive, equally or less intensive, and equally or more compatible than the present nonconforming use. The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for change of use. All change of use recommendations and final orders shall be based on the following relevant factors, including, but not limited to, whether the requested use: a. uses less space; b. has fewer employees; c. requires less parking, d. creates less traffic; e. has fewer deliveries; f. creates less noise; g_ creates a better benefit to the surrounding area than the previous use, h. is more acceptable with the existing and future use or make up of the area; i. is more normally found in a similar neighborhood; or L creates less of an impact than the present nonconforming use. City of Cape Canaveral Ordinance No. 17-2006 Page 9 of 14 ;:I 11111111111111111111 OHIO I MI ...A 11 1. . .... . . . . . . . . . .. . . ..... . . . . . . . . ... .. ... . . .. .. . . . . . . . . .. . . .. . . . ... . . . . . ... . . Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings or duplexes are permitted, a single- family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Sec. 110-197. Repairs and tnainte neim. Abandonment. (a) A nonconforming; use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: When the intent of the owner to discontinue the use is apparent, or When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar City of Cape Canaveral Ordinance No. 17-2006 Page 10 of 14 equipment within one hundred eighty (180) days, unless other facts show intention to resume the nonconforming; use; or When it has been replaced by a conforming use; or Where the use is discontinued or abandoned for a period of more than one hundred eighty (180) consecutive days or for eighteen (18) months (545 days) during any three-year period. The city council may grant extensions of time for a nonconforming use of a building or premises, which would otherwise be considered abandoned pursuant to subsection (a), to continue if the abandonment was directly caused by an act of God or other emergency situation outside of the control of the property owner. (c) In the event a more specific abandonment, discontinuance, or amortization provision is stated elsewhere in this City Code for a specific nonconforming structure, land use, or land area, the abandonment, discontinuance, and amortization provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply. No provision contained in this article, or elsewhere in the City Code regarding the abandonment, discontinuance, or amortization of nonconforming structures or land uses shall nullify, void, or abrogate any similar provision contained in a duly executed binding development agreement approved by the City Council. . .. . . 'AW19-19 0 8 1 WWA I L%J. ME I 10 .. 111 U & III 111111111111111 . 111 1 11 . 111 1 11111111 . .. . .. . ... . . . . .. .. . . .: . . . . . . . .. . . . . . . .. .. . . ..VDIMMIDMILftwinst M. .. ... ... .. . .a I awig a Lwj F-4 Ira Sec. 110-198. Teanporary uses. Repairs and maintenance. (a) Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconforming_ status, provided the work is necessary to keep the structure in a state ofog o�pair. The work may include the replacement of existing materials with like materials. However, repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building City of Cape Canaveral Ordinance No. 17-200( Page 11 of 14 official provided that the building official determines compliance with the following: LU The repairs and maintenance comply with applicable building and fire codes. No violation of Sections 110-193, 110-194, 110-195, 110-197 exists. The permittee shall be in compliance with all other applicable provisions of this article. There are no pending code enforcement actions or liens existing on the subject property. (5) If replacement materials are involved, such replacement may not exceed fifty percent (50%) of the fair market value of the structure, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever isreg ater. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantiallv rebuilt so as to extend the ordinary and natural life of a nonconforming structure. (c) The building official is authorized to permit structural alterations to nonconforming structures in instances where the Occupational Safety and Health Administration ("OSHA") requirements necessitate alterations, provided the alterations shall not be authorized primarily to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are required by OSHA including, but not limited to, a citation to all applicable OSHA regulations and any OSHA notifications requiring the alterations. This section does not apply to structures used for single-family dwelling or two- family dwelling_ purposes which structures may be renovated, repaired, or replaced in accordance with a lawfully issued building permit. Sec. 110-199. Reserved. Temporary Uses. The casual, intermittent, temporary or illegal use of land or structures, or construction of an unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments City of Cape Canaveral Ordinance No. 17-2006 Page 12 of 14 hereto, unless it complies with the terms of the City Code. Sec. 110-200. Reserved: Special building permit. (a) The intent and purpose of this section is to recognize that there are limited and special circumstances where overall communitypublic policy bjectives of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and structures are not detrimental to the surrounding neighborhood and to the community values established in the City's Comprehensive Plan and City Codes. The City Council desires to establish specific standards for this category of special building permit in order to allow the continuation of some nonconforming uses and structures notwithstanding any contrary provisions of this article or CitCode. The City Council, at a duly held public hearing, may grant a special building permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are strictly satisfied: The owner of the property on which the nonconforming use or structure exists files a special building_ permit application provided by the Cites (2) The applicant demonstrates that the continuation of the nonconforming use or structure: a. is capable of contributing in a positive way to the character and serves the needs of the community including re -occupancy for the accommodation of neighborhood walk -to -service uses, walk -to -work opportunities, and live - work spaces: reuse of buildings with architectural or historic value: and reuse of buildin s that generate a significant economic benefit to the community and b. is compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking, odor, light, intensity nd land uses, hours of operation, landscaping, aesthetics, structural design and density: and C. is consistent with the community values, objectives, and policies established in the City's Comprehensive Plan and City Code. (c) The City Council may impose conditions and safeguards as a condition of approval of any special building permit granted under this section. Secs. 110-199201--110-220. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent City of Cape Canaveral Ordinance No. 17-2006 Page 13 of 14 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 17-2006 Page 14 of 14 Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Ordinances -2nd Reading Item No. 17 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2006, AMENDING CODE SECTION 110-334(C)(10) TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ADJACENT TO AND FRONTING SR AIA DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Ordinance No. 11-2006, amending Code Section 110-334 (c) (10) to prohibit special exception residential uses on property that is located adjacent to and has frontage along the A 1 A highway corridor, as indicated in Exhibit "A" attached to this ordinance. Summary Explanation & Background: This proposed ordinance will prohibit residential R-2 development within the C-1 zoning districts adjacent to and fronting AIA. I recommend approval. Exhibits Attached: Ordinance No. 11-2006; Exhibit "A" City Mana ffice Department GROWTH MGMT/P&Z im\mydoc tents council\meeting\2006 10-03-06\11-2006.doc ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90 -day moratorium on accepting applications and issuing special exceptions under section 110- 334(c)(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the A 1 A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, the City Council later enacted Ordinance 01-2006 on March 21, 2006 extending the moratorium until September 30, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board conducted a survey of the City's residents, and held public meetings, with regard to what kinds of businesses are desired along the AIA Highway corridor and whether residential uses should be permitted by special exception in C-1 zoning districts; and WHEREAS, on July 26, 2006, the City Council, Planning and Zoning Board, and the Business and Cultural Development Board, by consensus, determined that the City should no longer permit residential uses by special exception in the C-1 zoning district along the A 1 A Highway corridor; and WHEREAS, the City Council hereby finds that reserving the C-1 zoning district for City of Cape Canaveral Ordinance No. 11-2006 Page 1 of 3 commercial uses along the A 1 A Highway corridor will promote economic development and attract more viable businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to amend Section 110-334(c)(10) to repeal the residential special exception in the C-1 zoning district for properties adjacent and with frontage along the AIA Highway corridor; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 110-334(c)(10), City Code. Section 110-334(c)(10) of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 110-334. It is intended that the text in Section 110- 334 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (10) Single-family dwellings, two-family dwellings, townhouses and or multiple - family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre and such dwellings shall not be permitted on property along the A 1 A Highway Corridor as depicted in Exhibit "A," attached hereto and fully incorporated herein by this reference. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and City of Cape Canaveral Ordinance No. 11-2006 Page 2 of 3 any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Burt Bruns Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 11-2006 Page 3 of 3 Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 11-2006 Page 3 of 3 ATLANTIS BAY DR RD J KIND BLVD OCEAN GARDEN CENTER ST OR BLVD HARBOR DR CORALDR DW Z O `r CENTRAL BLVD E G ? M1 SURF DR ST LEGEND. CAP DR HAYE ARFIE PE SHI 4RTHUR A-1 -A Corridor (Commercial C1) LLEVELANDAVCity of Cape Canaveral Boundary AV o�0' MILLER�� LEGE EXHIBIT "A =.— Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is ILEGAL ADVERTISING CLERK of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD#178635-$646.20) in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF ZONING CODE CHANGE was published in the FLORIDA TODAY in the issues of SEPTEMBER 12, 2006 affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. D L �T�/t (Il A-4) (Signature of Affiant) Sworn to and subscribed before this 12TH DAY OF SEPTEMBER 2006 (Signature of Notary Public) k LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type Identification Produced NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for First Reading of Ordinance No. 11-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, September 19, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO. RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PRbOHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.1015, 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 might 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. Susan Stills, CMC City Clerk 17� NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public hearing for Second Reading of Ordinance No. 11-2006 in the City Hall Annex, 111 Polk Avenue. Cape Canaveral, Florida at 7 P.M... on Tuesday, October 3, 2006. The ordinance may be inspected in its entirely in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. t i 1 t E i 3— l F t a } 1 P f Pursuant to Section 286.1015, 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 might 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. Susan Stills, CMC City Clerk 11- 016 CAP T k4L i' shr- ,4 C,/ZI.-/0(,. —r—u`-'ej A :1 appear/traffic. 9:42 p.m. Aug: 26. Arrested: Aaror Daniel Stiff, 21, of 220 Lincoln Ave. No. 11, Cape Canaveral. Charge: driv i ing under the influence. t 10:37 p.m. Aug. 26. Arrested: Bryor ta- Matthew Kadlec, 29, of 1101 Lamp .lighter Drive N.W., Palm Bay, tCharges: reckless driving, resistint art arrest without violence. 10:51 p.m. Aug. 26. Arrested: Aaror Blair Kehr, 20, of 785 Badger Drive iN.E., Palm Bay. Charges: possession n of controlled substance, possession he of cocaine with intent to sell, twc counts possession of paraphernalia. 11:01 p.m. Aug. 26. Arrested: an Joshua Benjamin Brown, 30, of 321 Johnson Ave., Cape Canaveral. . Charge: driving under the influence. -fy 11:29 p.m. Aug. 26. Arrested: Diana L. Kane, 49, of 4017 Joy Road, Co- t coa. Charge: battery. 'y 1:04 a.m. Aug. 27. Arrested: Paul 1a Thomas Daly, 46, of 435 Newfound Of Harbor Drive, Merritt Island. Charges: driving under the influence, refusal to take a breath test. , 1:49 a.m. Aug. 27. Arrested: David Sean Diemer, 25, of 1345 Fiddler Ave., Merritt Island. Charge: battery. 2:28 a.m. Aug. 27. Arrested: Twonie -T. 'Harris' 36, of 3208 - Redwood Lane, Melbourne. Charge: violation of injunction. ode I n Sale Make room in your closets for our newest fashions. Receive trade in allowances on comparable full price merchandise: $10 for tops $15 for pants & skirts $20 for jackets & dresses ted to he Salvation Army. h -October 1st Cocoa Beach Banana River Square 321-783-6691 Prior purchases, clearance items or with arty other' e. Offer expires close of business Iatl/W _ Least CVZ_ (o l 0 (,P. FLORIDATODAY v �. NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for Second Reading of OrdWAhce No. 11-2006 in the City Hall Annex, 111 Polk Avenub, Cape Canaveral, Florida at 7 P.M., on Tuesday, October 3, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LISTOF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(cx10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL .EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING. CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. -0f b �t 3 LEGEND: ��.ACmder(Casmwa+cp u.en�'Pitr: owisrr a - Pursuant to Section 286.1015, 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 might 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.. Susan Stills, CMC City Clerk Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Resolutions Item 18 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-43, APPROVING THE FINAL REPLAT OF BEACHSIDE TOWNHOMES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2006-43, approving the final replat of Beachside Townhomes as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is a request for a final replat of Lot 13, Block 5, Avon -By -The -Sea on the north side of Adams Avenue. I recommend approval. Exhibits Attached: P&Z Recommendation Letter; Application by Applicant; Site Report by Staff; Staff Review Comments; Final Replat Drawing - Hand -Out City Mana a •' ice Department GROWTH MGMT/P&Z ca t-tdCmydocum ts\adm' council \meeting\ u -us -u \Luub-4.s.a0c RESOLUTION NO. 2006-43 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEACHSIDE TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John Johanson, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Replat of Beachside Townhomes, Replat of Section 23, Township 24 South, Range 37 East, Lot 13, Block 5 of Avon by the Sea Subdivision — (Adams Avenue) is hereby approved. plat. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of October 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns J:M• '•M• Susan Stills, CITY CLERK Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY City of Cape Canaveral e Me To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Beachside Townhomes - Phase II Final Replat At the Planning & Zoning Board meeting, held on September 13, 2006, by a unanimous vote, the Board recommended approval of the above referenced Final Replat. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: (NOTE: SUBMITTAL MUST BE SUBMITTED A hSINT�MM OF 30 DAYS PRIOR TO THE PLANNR G & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELLIUNARY PLAT, RE -PLAT, OR FINAL PLAT? AMOUNT OF FMD,;G FEE PAID: $ AMOUNT OF ENGL.NTEERING DEPOSIT PAID: S 'Q��, �+�1 DID BREV ARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NA fE, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO ' N.A. PROTECT NAME: FcJ<-�-Jti 5 s 5 Ci.E .z <1 - PROJECT ADDRESS • `! j v fit•% r' - 6, LEGAL DESCRIPTION: 13 ;til 1-3y T/i , Lt/ O WINER(S) NAME: J t-, Z��.� r 1 c-> LL e,� dt � 0«iNTR(S) ADDRESS: -3 i j4 PROJECT ARCHITECT/EINGI2N- =R: PHO' -N -E NO. OF ARCHITECT/ENGLN7EER: APPLICAINT(S) SIGNATUTRE: OWNEWAGENT PHONE NUMMER OF 0 NVINEWA-GEN-T— CITY OF CAPE CANAVERAL Project Name: F cz 1 L 1 sc> � I,),--L & i -t Llc� RESIDENTIAL: 1 2 & 3 Residential Units ......TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units Q $7.50 per unit $ Total: $ 7, 5(::> COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... SITE PLAN EXTENSION: .................................................. TOTAL: ................. $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units .................... $700.O -Cb Over 4 Units .................. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres: Office Use Only: Escrow Account # 1-2022400 TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: PAID RECEIPT NO. DATE RECV'D r1 cc,. C, C" r, ' I . c 01 H C H 10:401 TOR16 kI F'i ' _ $737.50 City of Cape Canaveral Site Plan Beachside Townhomes Second Addition Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: John Johanson Range: 37 Township: 24 Section: 23 0.14 +/- Acres 2 Residential Units 2 Residential Units 14.28 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject site is located north of Adams Avenue and east of Rosiland Avenue. _ North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single and Multi Family Residential Multi Family Residential Single Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. This is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount the project could generate is 600 gallons. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 4-5 persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: August 10, 2006 Re: Beachside Townhomes Final Replat I have reviewed the Beachside Townhomes Second Addition Site Plan and don't have any comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. 09/06/2006 02:16 321-783-7065 STOTTLER PAGE 02 August 14, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Beachside Townhomes Second Addition -Review #1 SSA Job No. 05.0025, Task 034-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, 5 l tc7U�� p AV L J ON E.5 ¢-055%LL V-rV40M-PSo+J q jG�o4� .David Roy Jones, PLS Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1— $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 21,1 review will be billed at $95.00 per hour. ulmro soltu MlcWalprcgectslcapeLLbaaehajdc twmhomes second add final plal rWnw Un Page 1 of ]. Todd Peetz From: John Cunningham Dcunningham@ccvfd.org] Sent: Monday, August 14, 2006 10:11 AM To: Todd Peetz Subject: Re: Beachside Townhomes Todd, We have reviewed the plans and have no comment at this time. 9/6/2006 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 1, 2006 RE: Beachside Townhomes Second Addition Re -Plat, Lot 13 Block 5 Avon by the Sea The Public Works Department has reviewed the Re -Plat of the above stated project and all previous comments and concerns have been satisfied. There are not any existing easement(s) that this re -plat will vacate. The Public Works Department does not have any further comments or concerns. Meeting Type: Regular Meeting Date: 10-03-06 AGENDA Heading Discussion item 19 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: SPACE COAST WAYFINDING PROGRAM DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council review and comment on the proposed Space Coast Wayfmding Program as requested by the Space Coast Office of Tourism. Summary Explanation & Background: Five directional signs are proposed to be located within our city limits. I am seeking feedback from City Council on the proposed signage. Please advise. Exhibits Attached: TDC Letter; Proposed Signage Plan City Man ODMince Department ADMINISTRATION/CITY MANAGER -nt\kim\myd cumen drain\council m 006\10-03-06\wayfinding.doc +' ��ace�oaaft City of Cape Canaveral Bennett Boucher, City Manager 105 Polk Ave Cape Canaveral, FL 32920 Dear Bennett, Brevard County, Florida's Space Coast, is underway on an innovative visitor oriented directional signage program to help visitors find their way to our many attractions, beaches and downtowns. Believed to be the first such county -wide sign program in the U.S., the Space Coast Wayfinding Program will be a system of over 300 unified vehicular directional and identity signs placed throughout Brevard County. In addition, the Tourism Development Council is working with the Florida Department of Transportation to upgrade and supplement important visitor signage on I-95. The program has evolved from the TDC Signage Committee composed of representatives from area attractions as well as from many County cities. The project is funded by Brevard County Tourist Tax Dollars and it is thought now that finished signs will be provided to each County city for installation by the cities. The design, colors and aesthetics of the signs have been unanimously approved by the TDC Signage Committee after several months of development. Now it is time to refine and implement the program. Attached is a Draft Sign Location Plan for the portion of Brevard County that includes your city. We need your comments on sign locations and attractions listings. Please note the location and message criteria shown on the third page of the packet. Exact locations will be determined later. Again, this is a draft — no signs have been ordered. Please mark your comments on a copy of these sheets and return them to the Tourism Development Office, 2725 Judge Fran Jamieson Way, B-105, Melbourne, 32940, no later than October 6, 2006. In closing, we need and want your support for this important program. Sincerely, Rob Varley, Executive Director Florida's Space Coast Office of Tourism Space Coast Office of Tourism 2725 judge Fran Jamieson Way • # B-105 • Viera, FL 32940 321.637.5483 • Fax: 321.637.5494 • 877.57.BEACH • www.space-coast.com SPACE COAST GATEWAYS AND WAYFINDING PROGRAMMING REVIEW PACKAGE 7117106 T 6z6 793-7847 ` 6z6 793---549 z5 NORTH MENFOR AVENUE, PASADENA, CA 91 ro6-7709 H U N T D E S I G N L m CAPE CANAVERAL & COCOA BEACH AREAS HUNT r : ;: w Space Coast Wayfinding Signage Location Plan 07/14/06 2460 00-1 1wt amu+ L m CAPE CANAVERAL & COCOA BEACH AREAS HUNT r : ;: w Space Coast Wayfinding Signage Location Plan 07/14/06 2460 00-1 This map shows a draft ideal program and broad mix of all sign types. SIGN TYPES Gateway Monument Secondary Gateway Vehicular Direction Area Identity SIGN LOCATION CRITERIA High -traffic destinations have signs further from the destination. Hard -to -find destinations have more signs. Destinations with many existing signs may have fewer program signs. 'Beaches' are signed along east/west roads that cross the river(s), at easterly intersections to those roads and along A1A. Directional signs are distributed throughout the County. Area markers are spaced out along most tourist -traveled roads. SIGN MESSAGE CRITERIA Maximum of six lines of text per sign (four is ideal) 'Shortening' of some destination names is necessary for fit. Order of listing on sign (traffic standard): Left, Right, Straight ahead. Destinations on a sign that are in the same direction are listed in order of driver encounter. HUNT E - Space Coast Wayfinding Signage Location Plan 07/14/06 2460 00 A. E6 E6 t , � -I ; S E IA A I , i 6 i � , ZZ!. F5 401 F7 401 N Ar CAPE CANAVERAL Ati 4 t Al 7, zs M P F5 F7 ♦ G6 G6 HUNT Space Coast Wayfinding Signage Location Plan 07/14/06 2460 F67 rPort Canaveral Cruise 7 Ship Terminals ET A E7 A G7 G7 HUNT -D E - Space Coast Wayfinding Signage Location Plan 07/14/06 2460 F7 101, F8 7. F8 ., A G5 4 G5 F6 F6 G7 ► G7 H6 v H6 ' HUNT Space Coast Wayfinding Signage Location Plan 07/14/06 2460 G67 A: G6 A 66 COCOA BEACH - H5 4 H5 ,v 0:) ddS SPAC COA Al,► v 16 16 HUNT Space Coast Wayfinding Signage Location Plan 07/14/06 2460 H6 A 67 ♦ G7 �A) ► ♦ i7 v 17 v HUNT > E i, 14 Space Coast Wayfinding Signage Location Plan 07/14/06 2460 H77 H6© Ya H8 H6 H8 �A) ► ♦ i7 v 17 v HUNT > E i, 14 Space Coast Wayfinding Signage Location Plan 07/14/06 2460 H77 H6© Ya H8 �A) ► ♦ i7 v 17 v HUNT > E i, 14 Space Coast Wayfinding Signage Location Plan 07/14/06 2460 H77 15 .4 31 HIS A H6 v J6 v J6 HUNT Space Coast Wayfinding Signage Location Plan 07/14/06 2460 16 17 E� 17 16 A Cl H7 16 18 AM, ♦ ,t7 ,T J7 > � HUNT> Space Coast Wayfinding Signage Location Plan 07/14/06 2460 17 ♦cs H7 i 16 A Cl H7 16 18 AM, ♦ ,t7 ,T J7 > � HUNT> Space Coast Wayfinding Signage Location Plan 07/14/06 2460 17