HomeMy WebLinkAboutPacket 02-15-2005 RegularCity of Cape Canaveral
CITY OF CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 15, 2005
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION: Johnson Controls Special Recognition Award Sign
CONSENT AGENDA -
1 .
GENDA:1. City Council Regular Meeting Minutes of February 1, 2005.
2. Motion to Adopt: Resolution No. 2005-05; Urging Members of the Florida
Legislature to Support Growth Management Issues During the 2005 Legislative
Session.
3. Motion to Adopt: Resolution No. 2005-06; Appointing a Regular Member (A.
Schaffner) and Appointing an Alternate Member (J. Hale) to the Beautification
Board.
4. American Legion Request for a Waiver of Sewer Impact Fees and Building
Permit Fees.
5. Proposal from Florida Power and Light to Install Decorative Street Lighting in the
City Hall Complex Area.
CONSIDERATIONS:
6. Motion to Approve: Design/Build Proposal from Stottler, Stagg & Associates to
Develop Banana River Park in the Amount of $135,000.
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
Cy of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 2
7. Motion to Approve: Emergency Medical Services Agreement with Brevard County.
8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the
Period Ending December 31, 2004.
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 pubic 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 proceedirxfs is made, which record includes the testimony and
evidence upon which the appeal is to be based. This rbtice does not constitute consent by the City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize chaNenges 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.
To: Bennett Boucher, City Manager
From: Ed Gardulski, Public Works Director
Date: February 8, 2005
Re: Agenda item for February15, Council Meeting,
Johnson Controls Special Recognition Award Sign
The Beautification Board in conjunction with City Council would like to present
Johnson Controls with a special recognition award sign for their outstanding
landscaping and beautification efforts.
The sign is 24" X 36" made of high-density urethane purchased from Natural Wood
Signs and cost $ 400.00.
Please place this item on the February 15th agenda.
If additional information is required, please call Cathy Hardy at 868-1240
attachments
0 Page 1
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January 26, 2005
Mark Filteau
Johnson Controls, Inc.
7315 North Atlantic Avenue
Cape Canaveral, FL 32920-3792
Dear Mr. Filteau,
The City of Cape Canaveral and Beautification Board would like to present to Johnson
Controls a special recognition award sign.
An awards presentation is scheduled for Tuesday, February 15, at 7:00 P.M at the City
Council Meeting. The presentation will be held at the City Hall Annex, 111 Polk
Avenue. We hope that you will be able to attend to accept your new sign.
The City of Cape Canaveral appreciates your corporate beautification and environmental
landscaping efforts.
If you require additional information please call Cathy Hardy, Beautification Board
Secretary at 868-1240.
Sincerely,
Leo Nicholas
Beautification Board Chairperson
/ch
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 1, 2005
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Mayor Pro Tem
Bob Hoog
Council Member
Steve Miller
Council Member
Jim Morgan
Council Member
Buzz Petsos
Mayor
Rocky Randels
OTHERS PRESENT:
City Manager
Bennett Boucher
Assistant City Attorney
Kate LaTorre
City Clerk
Susan Stills
Recreation Director
Nancy Hanson
Public Works Director
Ed Gardulski
Building Official
Todd Morley
PRESENTATION:
Ms. Carole Lamance of the Florida Space Authority addressed the Council and requested
their support and partnership. The Florida Space Authority plans to build a commercial
spaceport for small to medium-size boosters in Cape Canaveral. Ms. Lamance said that a
feasibility study is the first step in the planning process at a cost of approximately $110 -to
$140,000 of which the Space Authority has acquired 50 percent. Ms. Lamance said that
the Florida Space Authority hoped to use excess property at the Kennedy Space Center
for their concept plan. She replied to Mr. Morgan that NASA's feedback is favorable
toward commercial space flights.
Mr. Petsos expressed his concern that use of the Air Force range would require a lengthy
bureaucratic process to obtain authorization. Ms. Lamance replied to Mayor Pro Tem
Hoog that the plan is to build a spaceport boosters within the requirements of the standing
port for use similar to that of an airline. The plan would provide economic benefits to the
spaceport and for those needing the service. She replied to Mayor Pro Tem Hoog that the
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 2 of 7
Space Authority anticipates approximately $2- to $5,000 from the cities. Discussion
followed on the competitive aspects of commercial space flights. Ms. Lamance related that
there are two local universities currently working on booster flights to the edge of space.
She replied to Mayor Randels that commercial space tourism is forthcoming. Mr. Petsos
concluded that the Space Authority would also need the State's legislative support.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of January 18, 2005.
2. Outdoor Entertainment Permit for the Manatee Sanctuary Park Dedication.
3. Renewal of Inmate Labor Contract with the Florida Department of Corrections
in the Amount of $50,307.95.
Mayor Randels asked if any member of Council, staff or interested party desired to remove
any items from the Consent Agenda for discussion.
No request was made to remove an item for discussion.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For, Mr. Morgan, For,
Mr. Petsos, For and Mayor Randels, For.
CONSIDERATION:
4. Motion to Approve: Mutual Aid Agreement with the Brevard County Sheriff's
Department.
Mr. Boucher explained that this Mutual Aid Agreement would formally establish Jack
Parker as the newly appointed Sheriff for authorization purposes. Mr. Boucher affirmed
that this mutual aid agreement would maintain procedures for assistance from the Brevard
County Sheriff` Office.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Mutual Aid Agreement with the Brevard County Sheriffs Department.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Miller, For, Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 3 of 7
RESOLUTIONS:
5. Motion to Adopt: Resolution No. 2005-04; Authorizing the Mayor and the City
Clerk to Execute the Final Re -Plat for Ocean Gardens - Wave Four, James E.
Morgan, Applicant.
Mayor Randels read Resolution No. 2005-04 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPROVING THE FINAL RE -PLAT OF "OCEAN GARDENS — WAVE
FOUR'; AUITHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE
PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Morgan abstained from voting due to financial interest. Mayor Pro Tem Hoog also
abstained due to his involvement with the project.
A motion was made by Mr. Petsos and seconded by Mr. Miller to Adopt Resolution
No. 2005-04. The vote on the motion carried 3-0 with voting as follows: Mr. Miller,
For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES: Second Public Hearing:
6. Motion to Adopt: Ordinance No. 01-2005: Repealing In Its Entirety Chapter
40, Article II, Human Rights, at second reading.
Mayor Randels read Ordinance No. 01-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 40, ARTICLE II, HUMAN
RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE AND AN
EFFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mr. Miller to Adopt Ordinance
No. 01-2005 at second reading. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For, Mr. Petsos, For
and Mayor Randels, For.
7. Motion to Adopt: Ordinance No. 02-2005: Imposing a 60 -Day Moratorium on
Issuing Land Clearing Permits in the City, at second reading.
Mayor Randels read Ordinance No. 02-2005 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA IMPOSING A 60 -DAY MORATORIUM ON ISSUING LAND CLEARING
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page_ 4 of 7
PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE
PLANNING AND ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS
IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY
COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels stated for the record that two Sections in the ordinance were amended
since the first reading: 1) a new Section II that specifically exempts certain persons from
the moratorium, those in the process of having their site plans approved, and 2) a new
Section III that creates a waiver provision to encourage those that are exempt from the
moratorium to preserve trees. For a point of clarification, Mayor Randels read from the
January 18th meeting minutes and asked the Building Official if what was recorded was
indeed correct. He read as follows, "Attorney Garganese stated that two issues apply: 1) if
the permit is in hand and construction has begun, then construction would proceed, and 2)
if some form of application was submitted prior to the January 13th meeting, then that
application would proceed_ Mr. Morley replied to Mayor Randels that the Preliminary Site
Plan review is the beginning point in the process. It is a meeting that involves the staff, the
site engineers and the developer. Mr. Morley affirmed for Mayor Randels that no other
new preliminary site plans were identified as of 60 days prior to January 13tH
Mr. Morgan stated that he might have a possible conflict and could not vote on this issue.
Mr. Morgan asked legal counsel what constituted a vested right if a person chose to replat
their existing property. He pointed out that retaining some of the large oaks might place
homeowners in jeopardy due to lightning strikes and wind damage. Ms. Latorre replied
that vesting means a permit in hand and also said that anyone coming to staff within 60 -
days of the moratorium was exempted. Mr. Morgan questioned how amendments to the
ordinance would affect a future re -platted site plan. Ms. Latorre replied that any re -plat
applicant would have to wait for the results of the moratorium. Mr. Morgan expressed his
overall favor with the moratorium. Mr. Boucher informed that Mr. Morley planned to
present nine issues to the Planning and Zoning Board regarding the land clearing and tree
preservation Code sections. Ms. Latorre stated at this time that Mr. Morgan could
participate in the vote on the issue.
A resident inquired about the land cleared north of Canaveral Beach Blvd. Mayor Randels
replied that the current City code allows the developer to remove any trees within the
footprint. Mr. Morley replied to a resident's question that a site plan and landscape plan
are submitted to the Building Department and mitigation is established and noted on the
landscape plan. Once the land clearing company performs their work, a City inspection is
performed to ensure that the trees that were identified for preservation are saved. He
stated that a penalty of $250 per inch of tree is applied if the developer does not adhere to
tree preservation noted on the landscape plan. Mr. Morley replied that some trees still
remain on the project's periphery.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Adopt Ordinance
No. 02-2005 at second reading. The vote on the motion carried 5-0 with voting as
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 5 of 7
follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For, Mr. Petsos, For
and Mayor Randels, For.
DISCUSSION:
8. Review Process for Site Plans.
Mayor Randels remarked that a comparative of what is done by way of Site Plan review
was submitted in the Agenda Packet. Mr. Petsos stated that he would prefer to see
Council as the accountable and responsible final authority in the Site plan review process.
He requested that this item be placed on the next City Council meeting agenda for further
discussion. Ms. Latorre stated that legal counsel could draft a proposed ordinance that
would change the Code to reflect that the Council has the final review and the Planning
and Zoning Board would remain in an advisory capacity. Council directed legal counsel to
draft said ordinance.
REPORTS:
1. City Manager
• Mr. Boucher reported that Ms. Hanson has been working with Ms. Sharon Horton, Cape
View School Principal, regarding a perimeter fence around the school in order to keep
the playground open after school hours. If the cost is within his spending authority, he
requested Council for permission to acquire the fencing.
• Mr. Boucher reported that the County plans to draft a Code on Vacation Rentals in
residential areas.
• Mr. Boucher reported that he received a response from the County Attorney on the
Emergency Services issue. He stated that the County is assessing the impact to the
remaining Brevard municipalities if Palm Bay secedes from the Emergency Services
system.
• Mr. Boucher reported that AJT made an offer to relocate the Sheriffs Office into their
proposed facility. He also reported that U.S. Customs and the Florida Department of law
Enforcement are relocating and might also be possible facilities for relocating the Canaveral
Precinct. Discussion resulted in retaining the City Hall complex.
Mr. Boucher inquired about a date for the next Code Review meeting. Council agreed to
February 15, 2005 at 5:00 P.M. Mr. Boucher replied that the Building Official compiled (9)
issues for the Planning and Zoning Board to review during their February 9h meeting.
2. Staff
Building Official
• Mr. Morley provided a report of local construction in Brevard County from the
Homebuilders and Contractors Association for both number of residential units and
construction valuation wherein the City of Cape Canaveral ranked fifth.
• Mr. Morley reported that the Residence Inn site plan was approved.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 6 of 7
Recreation Director
Ms. Hanson requested Council's help with preparing food for the Manatee Sanctuary Park
Grand Opening.
Public Works Director
• No report.
City Clerk
• No report.
Assistant City Attorney
• No report.
AUDIENCE TO BE HEARD:
There was no public comment.
3. City Council
Mr. Petsos
• Mr. Petsos asked if there were any interest in 24-hour, 7 -day desk support in the
Canaveral Precinct. Council members expressed their support.
• Mr. Petsos asked if the County Commissioner planned to provide the City with any
funding in light of the $3.2 million in revenue. He expressed that $70 -to 80,000 for
playground equipment was minimal compared to the revenue. Mr. Boucher suggested
sending a formal letter to the County Commissioner to request funding for playground
equipment and roadway paving. The letter would propose that the City would resume
ownership of Ridgewood Avenue and Central Blvd subsequent to the County paving and
resurfacing.
• Mr. Petsos inquired about the North Atlantic Avenue Transportation Study. Mr.
Gardulski replied that information was submitted and results are forthcoming. He said that
he is also working on a tum lane for Central Blvd. & State Road Al A.
• Mr. Petsos commended the Public Works on the Sea Oat Plants coordination. An
installation project is planned for February 19th at 8:00 A.M. Mr. Gardulski said the he
would continue with plans for another Sand Fence project.
Mr. Miller
• No report.
Mr. Morgan
• No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog expressed his favor with the school fence project.
• Mayor Pro Tem Hoog reported on transient activity at the Manatee Sanctuary Park
area.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 7of7
Mayor Randels
• Mayor Randels announced existing Board vacancies.
• Mayor Randels announced that the Chamber of Commerce is looking for volunteers at the
Seafest on March I f'through March 13th.
• Mayor Randels reported on a merger of the Space Congress and the Cape Canaveral
Space Port Symposium under the Symposium name.
• Mayor Randels reported on the success of the 40u' Annual Jazz Fest at the Radisson
and its positive feedback from WFIT.
• Mayor Randels read a commendable letter from R. Jerry Korte of Prudential Star Real
Estate.
• Mayor Randels reported that the Space Coast Area Transit [SCAT] now has designated
stop signs. He also reported that the SCAT has two new vans that are of curb height to
accommodate the physically disabled.
• Mayor Randels remarked on the newly distributed Hometown News and the successful
coverage for the City.
• Mayor Randels stated that he is working with the Girl Scouts of Orlando and Cape
Canaveral was chosen to promote their annual Cookie campaign.
• Mayor Randels related that due to inattentiveness of its City Council Members, the 2nd
District Court of Appeals in Los Angeles established that a City Council's duty is to listen
to testimony or risk violating citizens' due process.
ADJOURNMENT:
A motion was made by Mr. Morgan and seconded by Mayor Randels to adjourn the
meeting at 8:35 P.M. Motion carried unanimously.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Consent
Item
2
No.
I recommend approval.
AGENDA REPORT
CITY COUNCII.OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2005-05, URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT GROWTH MANAGEMENT ISSUES DURING THE
2005 LEGISLATIVE SESSION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-05, urging members of the Florida Legislature to
support growth management issues during the 2005 legislative session.
Summary Explanation & Background:
The Florida League of Cities requested this item.
See attached resolution.
I recommend approval.
Exhibits Attached:
Resolution No. 2005-05
City Mana s ffice
Department LEGISLATIVE
cap im\my cement council \me ng\2005\02-15-05\2005-05.doc
RESOLUTION NO. 2005-05
A RESOLUTION OF THE CITY OF CAPE CANAVERAL URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005
LEGISLATIVE SESSION.
WHEREAS, Florida's Growth Management Act was created in 1985 in an effort
to create a blueprint for growth in Florida's cities and counties; and
WHEREAS, cities and counties plan for future growth through local
comprehensive plans, but there is no defined state plan that provides an overall growth
management strategy; and
WHEREAS, as Florida's population continues to increase, cities are challenged
to meet the infrastructure needs to account for new growth and development, but there
is no infrastructure revenue source dedicated to municipalities; and
WHEREAS, counties, school districts, or the state of Florida control every
funding source that has been authorized for implementing growth management capital
improvements and complying with concurrency requirements; and
WHEREAS, Governor Jeb Bush and Florida's House and Senate leaders have
made growth management reform a top priority for the 2005 legislative session
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows:
SECTION 1. The City of Cape Canaveral urges Governor Jeb Bush and
members of the Florida Legislature to support legislation as part of a comprehensive
growth management package that:
• Establishes a process for the county commission and the municipal
governing authorities within a county to jointly levy local government
infrastructure surtax within their jurisdictions to fund infrastructure
improvements.
• Authorizes municipalities to levy a real estate transfer fee for infrastructure
improvements.
• Repeals the fuel adjustment charge exemption from the municipal public
service tax.
• Revises concurrency requirements or adequately funds needed
infrastructure.
• Ties state funding and budget allocations to articulated state growth
management policies. In other words, no more public expenditures which
are inconsistent with articulated growth management policies.
• Revises the Sustainable Communities Certification Program to encourage,
not discourage, cities from participating.
Resolution No. 2005-05
Page 2 of 2
• Creates a state comprehensive plan that articulates state planning goals
and policies with measurable benchmarks.
• Grants cities greater flexibility and les state oversight in pursuing growth
management strategies.
SECTION 2. A copy of this resolution shall be provided to Governor Jeb Bush,
Senate President Tom Lee, House Speaker Allan Bense and members of the Florida
Legislature.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th
day of February, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Susan Stills, CITY CLERK Steve Miller
Jim Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony Garganese, CITY ATTORNEY
2005-05_Leg. Priorities
MEMORANDUM
FLORIDA LEAGUE OF CITIES, INC.
To: Members of Florida League of Cities, Inc.
From: John Charles Thomas, Director
Legislative & Public Affairs
Date: January 13, 2005
Re: Request for Resolution
Last year the FLC Board of Directors adopted a new initiative to enhance the
Legislature's awareness of the League's priority issues. This plan calls on each
of Florida's 407 cities to adopt a resolution that supports the League's key priority
issues.
These key issues were adopted by the League membership at the recent
Legislative Conference and address Growth Management, Reform and
Infrastructure Funding.
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the
House Allan Bense, your House and Senate members and a copy to the Florida
League of Cities no later than Friday, February 25, 2005.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
legislators.
A Microsoft Word version of this resolution can be on the League's website under
Legislative/Advocacy at: www.flcities.com. Should you have any questions or
require additional information, please contact Jenny Anderson at the Florida
League of Cities at (800) 342-8112. Thank you for your assistance.
Enclosures
301 South Bronough, Suite 300 ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302-1757
Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 ♦ Internet: www.ficities.com
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Consent
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2005-06, APPOINTING A REGULAR MEMBER AND
AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-06, appointing Andrea Schaffner as a regular member
and Judy Hale as an alternate member of the Beautification Board.
Summary Explanation & Background:
See attached resolution.
I recommend approval.
Exhibits Attached:
Resolution No. 2005-06
City Man! •' Office
Department LEGISLATIVE
kim\m doc admin\co \meeting\2005\02-15-05\2005-06.doc
RESOLUTION NO. 2005-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR MEMBER AND
ONE (1) ALTERNATE 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 Ordinance No. 11-68
created a Board known as the Beautification Board 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
one (1) Regular Member and (1) Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Andrea Schaffner is hereby appointed as a Regular Member of the Beautification
Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2007.
SECTION 2. Judy Hale is hereby appointed as an Alternate Member of the Beautification Board
of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2007.
2005.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of February,
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Susan Stills, CITY CLERK Steve Miller
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
Jim Morgan
Buzz Petsos
Rocky Randels
virainiah
020.7 _ o9F
From: Tom Garboski [t.g.garboski@worldnet.att.net] oisT�seuTio�
Sent: Monday, February 07, 2005 7:16 AM ylayor_! _
To: Cathy Hardy c;ty counc;�
Cc: Virginia Haas
Subject: Resignation From Cape Canaveral Beautification Board
Cathy Hardy,
Secretary of the Beautification Board
I, Thomas Garboski am stepping down as an alternate member of the Cape Canaveral
Beautification Board, effective immediately. I will attend the Beautification Board
meeting of February 8,
2005 as an interested citizen of the city.
My time as an alternate member of the board has been very enjoyable and it has given me
some very valuable insight to the interactive workings of the various boards, city
council and city employees.
In the near future I would hope to continue being a part of a City of Cape Canaveral
volunteer board as now I see they are an essential part of the citizens of Cape Canaveral
voice in their local government process.
I wish the City of Cape Canaveral Beautification Board only the best as I know they will
be challenged to keep the character of the city as it grows ever so fast.
Respectfully,
Thomas Garboski, Beautification Board Alternate Member
1
Mrs. Judy Hale
110 Washington Ave.
Cape Canaveral, FL 32920
Dear Mrs. Hale:
City of Cape Canaveral
Please check the box that indicates your desire to serve on the Beautification Board as an
Alternate Member. The resolution to appoint you as an Alternate Member of the
Beautification Board will be scheduled to appear on the City Council on February 15,
2005.
EY I DO wish to be considered for reappointment as an Alternate Member
❑ I DO NOT wish to be considered for reappointment.
/q(2-49, (Signature)
M s Judy ,Beautification Board
Sincerely,
Susan Stills, CMC
CITY CLERK
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
virginiah
From: Bennett Boucher [toucher-cape@cfl.rr.com] O /2_g- a h3
Sent: Friday, January 28, 2005 7:36 AM TRi8' T10N
To: Bob Hoog; Buzz Petsos; Jim Morgan; Rocky Randels; Steve Miller -I Jr
Cc: Virginia Haas
Subject: FW: [Fwd: Beautification Board]
4
-----Original Message----- �eg'
From: capepw@bellsouth.net [mailto:capepw@bellsouth.net]
Sent: Friday, January 28, 2005 8:29 AM
To: stills-cape@cfl.rr.com; boucher-cape@cfl.rr.com
Cc: egardulski@bellsouth.net
Subject: [Fwd: Beautification Board]
> From: James C Hale <kepfit@juno.com>
> Date: 2005/01/27 Thu PM 03:29:25 EST
> To: capepw@bellsouth.net
> Subject: Beautification Board
> Cathy Hardy
> Secretary of the Beautification Board
> I, Judy Hale, feel the need to step down as a regular member of the
> Beautification Board due to family illness circumstances.
> I have enjoyed my position on the board for the past 5yrs. and feel the
> board has some very qualified alternates for my replacement.
> I would hope to continue being a part of the Beautification Board by
> reapplying as an alternate unless there are other applicants already
> available.
> Sincerely,
> Judy Hale, Beautification Board Regular Member
1
r
CITY OF
CAPE CANAVERAL
February 1, 2005
pr Mrs. Andrea Schaffner
506 Tyler Ave.
Cape Canaveral, FL 32920
Dear Mrs. Schaffner:
City of Cape Canaveral
Please check the box that indicates your desire to be appointed as a Regular Member of
the Beautification Board. The resolution to appoint you as a Regular Member of the
Beautification Board will be scheduled to appear on the City Council on February 15,
2005.
Q I DO wish to be considered for appointment as a Regular Member.
❑ I DO NOT wish to be considered for appointment.
.,� (Signature)
`Mrs. Andrea chaffner, �eautification Board
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Consent
Item
4
No.
City Council should also consider waiving the building permit fees in the amount of $310.00.
AGENDA REPORT
CITY COUNCH, OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: AMERICAN LEGION REQUEST FOR A WAIVER OF SEWER IMPACT
FEES AND BUILDING PERMIT FEES
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of a request to waive the sewer impact fees in the amount of $5,531.34 for their
new location at 105 Lincoln Avenue as requested by American Legion Commander Tracy Rac.
Summary Explanation & Background:
The American Legion Post is a non-profit veterans organization, and they are seeking to relocate to a new facility
located at 105 Lincoln Avenue.
City Council should also consider waiving the building permit fees in the amount of $310.00.
Exhibits Attached:
Letter of request; Building Official's memos
City Mana •'09ce
Department LEGISLATIVE
im\m docum s\admin\counci \2005\02-15-05\waiver.doc
Memo
Date. January 31, 2005
To: Bennett Boucher, City Manager
From: Todd Morley, Building Official
RE American Legion Seger Impact Fees at 105 Lincoln Ave.
To date, the previous sewer impact fees collected for the above address amount to one credit. A credit is
$2,337.81
The new use is:
45 seats a $174.87 = $7,869.15 (Bar and Lounge rate)
To deduct the credit:
7,869.15 — 2,337.81 = 5,531.34
The total amount of the Sewer Impact Fee for the proposed increased usage is $5,531.34
AMERICAN LEGION 348
CHALLENGER POST CAPE CANAVERAL
Bennett Boucher
RE: Request to be put on the agenda of next Councel
meeting in reference to Impact Fees.
As a non-profit Veterans Organization whose goal is
to serve our veterans and our Community.
G-) 1 Z Ll - o 11 -Z
_D_ STRI---'.TTIc
Mayor - _--
F� ity Counr_i!
c ty N4 g r-- —
cty,�cy------
Puk. Wc. K D;r.
Finance Di;
We have been an American Legion Post in the community
at the rented space on 8169 Canaveral Blvd. for almost
16 years. We have now purchased the building at 105 lincoln
ave. to be a permanent Home.
We ask that you consider lowering or waving the impact
fees on the new restroom and seating. There are two
restrooms in the building at the present time and we are
planning to make another in the lounge area. As you can
see from our ruff drawings on is near the kitchen area.
This will most likely be used only when the kitchen is
being used by person or persons preparing meals or snacks
The other is already in the lounge area and will be de-
signated for the men. We wish to install a seperate
restroom for the ladies, which we feel will not impact
the sewer system only give the ladies a little privicy.
The kitchen area will have no seating, it will be used
for fund raising meals and/or snacks which will be con-
sumed in the lounge area. This will not be used as a
restraunt per say. We wish only to better serve fund raisers
and comply with the Health Dept. rules and regulations,
and meet our obligations to both the veterans and the
community as in the past.
Last year we sponsored Legion Baseball Team at Cocoa
Beach High, We contributedto the local Fire Dept And
Sheriff Dept programs. We gave Cape View Elem. over 35 coats
for children on cold days. We supplied 11 food baskets to
those less fortunate at Thanksgiving, held a Coloring Contest
and provided flags for each child grades K -4th. We also
held a Halloween and Christmas party for neighbor children
under 12. These are a few of the many projects we do. There
are many more but we do not want to take up to much of your
valuable time. We ask only that you consider waving or low-
ering the impact fees to more suit the monies available
to us at this time.
Thank You Again
Respectfully,
Tracy Rac, Commander
OA
rm t3;,w Z r- a t z- r-
Memo
Date. January 31, 2005
Toe Bennett Boucher, City ME105'Umoln
From: Todd Morley, Building Of
RE: American Legion Permit Ave.
Joe LoCioero of the American Legion has stated that the improved value of construction for the remodeling
at the proposed American Legion Hall at the above address will be $10,000.
The permit fee for this work amounts to: $310.00
L 1 A. J JII.
Buil ing Permit per square footage: ..............
.............................................
Total Sq. Ft. (Living Area).-
Total
rea):Total Sq. Ft. (Enclosed Area):______
Building Permit based on valuation:..........
Total Sq. Ft. (Living Area):�SrDaO�
Total Sq. Ft. (Enclosed Area): 4100
Building Permit miscellaneous: ......... 1. . I
...
....................... 44. .........................
Total Sq. Ft. (Living Area):
Total Sq. Ft: (Enclosed Area):
Electrical.....................
................................................. „.............. _ , 0
Plumbing........:................................
........................................................ L r M. ..
Mechanical............
...........................................:......................................... .qfl
Building Permit Plan Check Fee ..........
..............................................
Fire Dept. Plan Check Fee.....:..............
Zadon Trust Fund: sq. footage
-oncurrency Management Fee ...........:.
:apical Expansion Fee ..............
.......................................
Total Building Permit Fees:......
EWER PERMIT FEES:
r -
Sewer Impact Fee.... 3 %.
Sewer Tap Fee.....:..........
Total Sewer Permit Fees .............
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Consent
Item
5
No.
FPL quote
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: PROPOSAL FROM FPL TO INSTALL DECORATIVE STREET LIGHTING
IN THE CITY HALL COMPLEX AREA
DEPT./DIVISION: BEAUTIFICATION/PUBLIC WORKS
Requested Action:
City Council consider approval of a proposal from FPL to install (20) decorative street lights around the recreation
and library areas in the amount of $62,202.80.
Summary Explanation & Background:
This is a budgeted item within the Beautification Fund, and I recommend approval.
Exhibits Attached:
FPL quote
City Manager'Lsg c
Department BEAUTIFICATION/PUBLIC WORKS
cape-nt\kim\mydocuments\admin\council\meeting\2005\02-15-05\fpl.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: February 8, 2005
SUBJECT: City Council Agenda Item for February 15th
Decorative lighting for Library and Recreation Complex
The Beautification Board proposed a decorative lighting project to be installed around the
City Hall complex. The project included the installation of decorative street lighting at the
Recreation Complex and the Library. Due to the uncertainty of the future City Hall location,
decorative street lighting will not be installed in front of the City Hall or Annex building.
The project entailed the installation of 20 streetlights spaced 40-50 feet apart starting in
front of the Recordation Complex along Taylor Avenue; then proceeding along Poinsetta Avenue
on the Library side of the road right -of way; and proceeding along Polk Avenue in front of the
Library within the road right-of-way. Special consideration was given to keep the street lighting
back from the 25 feet sight triangle at each corner intersection.
The Board agreed that Staff should proceed with this project. Attached is a proposal from
FPL to install 20 Acrylic Acorn 175 Watt lamps each on a 15 -foot Washington style concrete
black pole. All the wiring will be underground. Funds have been budget in the amount of
$61,000 within the Beautification Bennix account.
Recommend the approval of the Decorative Street Lighting Project proposal from
FPL in the amount of $62,202.80 and the appropriation of the necessary funds.
Attachment
CC: File
�7U� 9 9 7 -Ti i"
R 01'.4 FF L C U .5 T S V
FPL
Decorative Streetlighting Non -Refundable Deposit Invoice
111190=k
February 8, 2005
City of Cape Canaveral
Mr 5d Gardufski
Director of Public Works
P. 0. Box 32$
Gape Canaveral, FL 32920
Re: DSL Invoice
Protect Infow
. -1.4ti
City Halt
Cape Canaveral / Brevard
_111h '16' 'grid.
'Lump Som (M+E):
$394,
'10 Year Finance (Mo.ChaW.)(F+Nl+E)7
$1,133
*20 Year Finance (Nt. Charge)( +
e
$913
Z
Fbctur* Information (# and type):
20 Acrylic Acorn 175W MH
Pole Information (# and type):
20 15' Washington Concrete - i5lack.
Will Cu3t Install conduit? No
Linear Trench Footage;
500
Linear Bare Footage-
500
This preliminarV cost estimate for approximately 562.=2.60 include* basic project information, and does not account
for all aspects of construction (wg., restoration). in order to proceed with a more detailed cost estimate, a non-refundable
deposit for a detailed estimate in the amount of $12M.00 will be required. Upon completion of the project, this
deposit amount will be credited to your decorative streetlight account. This invoice becomes null and void after 180 days,
from invoice dale.
Please remit your payment to:
Florida Power and Ught Company
9001 Ellie Road
West Melbourne. FL .32904
Mr. Tom Kunz
If you have any questions about this estimate, or need additional information on FPL's Decorative Street Lighting Pregram,
please contact me at (321) 7264946
ncer
Mr. Tom Kunz
Manager, Major Accounts
CITY OF CAPE CANAVERAL
2004-05 FISCAL YEAR BUDGET
BEAUTIFICATION FUND
105-15-541.
CODE DESCRIPTION
2001-02 2002-03
ACTUAL ACTUAL
EXPENDITURES
2004-05 %
BUDGET CHANGE
OUTLAYCAPITAL
�I.'� � � K�_ f s s � �.�� � m • m a``w .5,�^� / a QP�` � ,,r .�:1 �� a�'��,hae'a �.� O a� .�'�,..
�olxfl I 1 1 • • 1 111
6320 SR A1A BEAUTIFICATION
150 15
-100%
6340 BANANA RIVER PARK PROJECT —40,000 40,000 - -100%
w.
TOTAL CAPITAL OUTLAY 26,016 251,882 129,050 179,525 168,800 -6%
GRANTS & AIDS
TOTAL GRANTS & AIDS 2,000 2,000 2,000 2,000 2,800 40%
TOTAL RESERVES — — 26,617 26,617 15,600 —41%
TOTAL BEAUTIFICATION 211,331 4459167 425,014 475,489 459,907 -3%
W.
Discussion Topics:
1. Welcoming Board Alternate, Andrea Schaffner
Ms. Schaffner was not able to attend the meeting.
\%2. Decorative Street Lighting Project
A proposal from FPL for City Hall decorative street lighting was distributed to the
Board at the May meeting. Kay McKee stated the project would include
installation of decorative streetlights at the Recreation Complex and the Cape
Canaveral Library. The proposed eighteen lights will be spaced 100 foot apart
starting in front of the Recreation Complex on Taylor Avenue; along Poinsetta
Avenue on the west side of the Library; and along Polk Avenue on the north side
of the Library. Due to the uncertainty of the future City Hall facility location,
decorative streetlights will not be installed along City Hall.
A motion was made by Mary Jo Laws to proceed with a decorative street lighting
project along the Recreation Complex and the Library. Judy Hale had seconded
the motion. With no further discussion, motion carried.
Leo Nicholas had concerns of City Council's interest on the Boom and Barrier
Building for the possible new City Hall Building. Mr. Nicholas felt a 44,000 sq. ft.
building was too large. Leo Nicholas suggested the United Agencies building
would be a better location for City Hall, in that, all the city facilities would be
within one area. The Board agreed to keep the City Hall complex in tact.
Mary Jo Laws made a motion for City Council to consider the United Agency
building for a possible new City Hall location. The recommending motion was
seconded by Elizabeth Mars and passed unanimously.
3. Selection of Summer Commercial Beautification Award
All Board Members agreed to select Johnson Controls, Inc. as the Summer
Commercial Beautification Award Winner. Elizabeth Mars made a motion to
select Johnson Controls as the winner and was seconded by Judy Hale. The
motion passed unanimously.
The Board Secretary will prepare an award certificate, and purchase a gift
certificate to Ace Hardware for presentation at the next City Council Meeting.
Also, a Board Member will place a Beautification Summer Commercial Award
sign at Johnson Controls.
- 2—
BEAUTIFICATION BOARD MEETING 7/13/04
winners. Unfortunately, some Board Members did not receive the meeting
minutes and this item will be placed on the next regular meeting agenda for
approval.
Reports:
The Public Works Director, Ed Gardulski gave the City Report for December
2004, a copy of which is attached and hereby made part of these minutes.
Discussion Toxics:
1. Status of Fountain for Library
The Board Secretary stated that the fountain was delivered to the Public Works
Facility. The Secretary will coordinate with departmental staff to have the
fountain installed at the Library. Andrea Schaffner requested a spotlight to shine
on the fountain.
2. Recognition Sign for Johnson Controls
Leo Nicholas asked the Board Secretary for the status of the sign. The Secretary
explained that the sign was complete and was scheduled for pick up. The Board
Secretary invited the Board to come see the sign at the Public Works
Department. Leo Nicholas asked the Board Secretary to request this topic be
added to a City Council agenda.
I Status of Decorative Lighting — City Facilities
Ed Gardulski measured and flagged 20 locations for the proposed lighting along
the facilities right-of-ways. 8 locations along the north side of the Recreation
Center, 4 locations on the west side of the Library and 8 locations along the
north side of the Library. Ed will contact FPL for an updated proposal.
4. Keep Brevard Beautiful Trash Bash
A copy of a letter from KBB was distributed to all Board Members. KBB is looking
for support from the City by getting the word out to our community for volunteers.
Trash Bash is scheduled for Saturday, April 16.
Beautification Board
Meeting Minutes 1/11/05
-2-
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Considerations
Item
The City has secured a grant in the amount of $112,500 and $37,500 of recreation impact fees will be used as the
No.
This is a budgeted project, and I support the recreation director's recommendation.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: DESIGNBUILD PROPOSAL FROM STOTTLER, STAGG &
ASSOCIATES TO DEVELOP BANANA RIVER PARK IN THE AMOUNT OF $135,000
DEPT./DIVISION: PARKS & RECREATION
Requested Action:
City Council consider approval of a design/build proposal from Stottler, Stagg & Associates to develop Banana
River Park in the amount of $135,000 as recommended by the Parks & Recreation Director.
Summary Explanation & Background:
The City has secured a grant in the amount of $112,500 and $37,500 of recreation impact fees will be used as the
required match for this grant.
This is a budgeted project, and I support the recreation director's recommendation.
Exhibits Attached:
Parks & Recreation Director's memo dated 02-04-05; SSA's proposal
City Man. ' Office
Department PARKS & RECREATION
pe-nt\kim\ ydocume admin\conn eting\2005\02-15-05\ssa.doc
CITY OF CAPE CANAVERAL
Parks & Recreation Department
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1227
email: parknrec@eafthlink.net
TO: Mayor
Council Members
cc: City Manager
FROM: Nancy Hanson, Director, Parks & Recreation Director ; V
DATE: February 4, 2005
RE: Banana River Park
The FRDAP grant for Banana River Park includes a soccer field, onshore fishing platform, parking lot,
play equipment and picnic tables.
SSA has proposed to design/build the field, fishing platform, & parking lot in the amount of $135,000.00. This
is within the budgeted amount for the project. SSA has expertise in the design & construction of soccer fields
and I therefore recommend that we move forward with this project and award SSA a design/build contract for
the dollar amount quoted.
If there are any building permit fees required, I ask that they be waived for this project in its entirety.
January 31, 2005
Nancy L. Hanson
SSA
City of Cape Canaveral
Parks and Recreation Director
7300 N. Atlantic Avenue
P.O. Box 326
Cape Canaveral, FL 32920-0326
RE: SSA Fee Proposal for Design/Build Improvements at Banana River Park
Dear Nancy:
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc.
(SSA) is pleased to present our proposal for a design/build program at Banana River
Park. In general, this program will address the Banana River Park grant and include
design of:
• A soccer field (somewhat scaled down in dimension to fit the property; generally
in the Jr. High School size)
• A parking area for 15 cars
• An on -shore fishing platform (about 10'x 20')
• A sidewalk from the parking area to the field
• Fence areas along Lagoon side
• Field irrigation
The SSA design/build program will include the following tasks:
SSA SCOPE OF SERVICES
Task 1: Field Surveys and Investigations
As the boundary survey is complete, SSA will obtain topographic surveys across the
site for design (and potential permitting) of the Park facilities. The SSA Design Team
will also perform a site inspection to support initial design concepts.
Task 2: Preliminary Designs
SSA will prepare preliminary designs on our cadd system showing the soccer field,
parking area, sidewalk and fishing platform. (An area will be set aside for a City
playground area which is not a part of this SSA Program.) The plan will be reviewed
with City staff for approval. (During this time, coordination with SJRWMD will be made
by SSA to determine if a regulatory permit is required for the work.)
Task 3: Final Design(s) / Builders' Plans
SSA will prepare final designs / builders' plans for the Park facilities as noted in Task 2.
As plans are finalized, close coordination with SSA's Contractor will be maintained. If
STOTTLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC.
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065
Lie. #AAC000329 #EB0000762 #LB0006700
Nancy L. Hanson
January 31, 2005
Page 2 Design/Building @ Banana River Park
regulatory permits are required, SSA will prepare the NPDES and SJRWMD
applications (fees for all permit applications will be paid for by the City.)
Task 4: Construction of Park Facilities
SSA (and SSA's Contractor) will construct the Parks' facilities which will include:
• Topographic surveys;
• Permitting
• Grading of the project site;
• Drainage;
• Irrigation;
• Seed, mulch and sprig;
• 15 Car parking lot with stabilized base;
• Sidewalk from parking to field;
• 4' Chain link fence (400')
• Goal posts (1 set)
• On -shore fishing platform (10x20)
Soccer field construction will include clearing & grubbing, grading, seeding, and
installation of two (2) goal nets. (No Park signage or lighting has been included in this
SSA proposal.)
SCHEDULES AND FEES
Schedules: Upon receipt of a City purchase order SSA will begin work immediately.
Approximately thirty (30) working days are anticipated to complete Tasks 1 and 2 Upon
the City's approval of the preliminary designs, a final SSA construction schedule will be
provided to the City.
Fees: SSA's fee for the above tasks (1 thru 4) will be a design/build lump sum fee of
$135,000.00.
SSA's fee will be invoiced once a month based on a percentage of work completed
each month. Payment will be due within 15 days of receipt of invoice. Print costs for 10
sets of construction drawings have been included in the above fees.
Additional services not included in the above tasks will be billed at SSA's standard
hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket
expenses for hourly work and additional printing will be billed with a fifteen percent
(15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on
the execution date of this Agreement by the appropriate governing bodies having
jurisdiction over the project. Any significant modification in these ordinances,
Nancy L. Hanson
January 31, 2005
Page 3 Design/Building @ Banana River Park
regulations, procedures, etc. shall be justification for re -negotiation for the
compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by SSA throughout the
course of rendering professional services on this project shall be limited to a maximum
of the net fee received by SSA, not including reimbursable expenses and sub -
consultants, for all services rendered on the project. Should it become necessary to
obtain a third party to collect our fees for services, the Owner hereby agrees to pay all
costs of such collections including Attorney's fees.
Nancy, your authorization of this proposal can be accomplished by the appropriate
signature below and our receipt of a signed copy. SSA is looking forward to working
with you on this project.
Sincerely,
STOTTLER STAGG & ASSOCIATES
Architects, Engineers, & Planners, Inc. ACCEPTANCE:
John A. Pekar, PE BY:
Senior Vice President
TITLE:
cc: Ed Gardulski
DATE:
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Considerations
Item
7
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: EMERGENCY MEDICAL SERVICES AGREEMENT WITH
BREVARD COUNTY
DEPT./DIVISION: FIRE DEPARTMENT
Requested Action:
City Council consider the approval of the emergency medical services agreement with Brevard County as
recommended by the fire chief.
Summary Explanation & Background:
The city and port will split the amount noted in section (5) of the EMS Assessment Fee Agreement.
I support the fire chief s recommendation.
Exhibits Attached:
Letter from county; Agreement
City Manager's -office - j
Department FIRE DEPARTMENT
ca im\ ydocume dmin\coun—c eting\2005\02-15-05\ems.doc
BOARD OF COUNTY COMMISSIONERS
Brevard County Fire Rescue
Timothy J. Mills Fire Rescue Center
1040 S. Florida Ave., Rockledge, FL 32955
.January 31, 2005
FLORIDA'S SPACE COAST
City of Cape Canaveral Fire Department
190 Jackson Avenue
Cape Canaveral, FL 32920
To Whom It May Concern:
Telephone: (321) 633-2056
Fax: (321) 633-2057
Enclosed you will find two (2) original agreements for the First Responder
Program. Please review for accuracy and if you find any discrepancy with
the dollar portion of the agreement, please call me at 633-2056 as soon
as possible. The language in the agreement is the same as last year, the
only items changed were the dates and amounts.
Please sign both agreements and return to my office by Friday, February
18, 2005 so they can be submitted to the Board of County
Commissioners on February 22, 2005 for execution at the March 8, 2005
Board Meeting. Our department will then send you a fully executed
agreement for your files.
Thank you,
Patricia Thomas, Assistant Chief
Brevard County Fire Rescue
AGREEMENT
This Agreement entered into this 8th day of March, 2005 by and between the CITY OF CAPE
CANAVERAL, hereinafter referred to as the "City" and the BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereinafter referred to as the "County".
WHEREAS, the County has authorized a portion of the Emergency Medical Services
Assessment be utilized to assist Primary First Responders with delivery of emergency medical care;
and
WHEREAS, the County authorized an increase to the Emergency Medical Services
Assessment to provide funding to Primary First Responder Agencies; and
WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service
to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic
Aid Agreements; and
WHEREAS, the First Responder funding provided to each agency will assist in the
improvement and quality of Emergency Medical First Response Service; and
WHEREAS, the First Responder Program provides an incentive for Primary First Responder
Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons
awaiting ambulance transport; and
WHEREAS, during the budget process for Fiscal Year 2004/2005, the Board of County
Commissioners authorized the First Responder Program to continue with a 3% increase over the
previous year; and
WHEREAS, it has been proven that early intervention by highly trained first responders
greatly improves a patient's chance of survival.
NOW, THEREFORE, in consideration of the sum of $70,224.60, the receipt and sufficiency
of which is hereby acknowledged by the City and the County, the parties hereto do hereby enter into
this Agreement under the terms and conditions set forth herein.
SECTION 1. RECITALS:
The above recitals are true and correct and by this reference are hereby incorporated into and
made an integral part hereof.
SECTION 2. DEFINITIONS:
Primary First Responder - Paid Fire Fighters who have the primary responsibility
of providing First Responder Services.
Advanced Basic Life Support -The utilization of Certified Emergency Medical
Technicians who are trained and equipped with
Automatic External Defibrillators and Advanced
Airway Devices and can perform all aspects of
Basic Life Support care.
Advanced Life Support - The utilization of Certified Paramedics who are
trained and equipped to perform all aspects of
Advanced Life Support care.
Front Line Unit - A fully staffed engine or squad utilizing paid personnel
assigned to immediately and primarily respond on a 24
hour basis to a specific jurisdictional area.
SECTION 3. TERM:
This Agreement shall be effective upon the signing of both parties for one (1) year.
SECTION 4. SERVICES PROVIDED:
The City Fire Department agrees to provide First Response Emergency Medical Services to all
persons in need of medical assistance within their area of jurisdiction and in accordance with any Auto
or Mutual Assistance Agreement the City may have with another jurisdiction. Service shall be
provided utilizing qualified, certified and equipped Emergency Medical Technicians and/or
Paramedics.
2
SECTION 5. COMPENSATION/PAYMENT:
The County agrees to pay the Cape Canaveral Volunteer Fire Department the sum of
$29,669.58 for each of 2 Advanced Life Support Front Line Units, $4,078.56 for Medical Direction
Fees and $6,806.88 for consumable supplies.
Payment for the first response units, Medical Direction and supplies for the fiscal year will be
processed in February/March of 2005.
The payment will be made to "Cape Canaveral Volunteer Fire Department" at the request of the
City Manager.
SECTION 6. POINTS OF CLARIFICATION:
The First Responder Rate Schedule (attached hereto as Attachment "A") applies to the units
which provide either Advanced Basic Life Support or Advanced Life Support First Response for the
entire fiscal year commencing October 1, 2004. The County will provide first responder funding for
units placed in service after October 1, 2004 on a pro -rated basis utilizing a daily pro -rating method.
For the purposes of this Agreement, a first response unit must be an engine or squad which has
permanently assigned personnel on each shift who provides first response services 24 hours per day, 7
days per week. A unit which utilizes or depends on or "shares" personnel assigned to other units
(engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized
to receive first responder funding.
SECTION 7. TERMINATION OF AGREEMENT:
This Agreement may be terminated by the City or the County for any reason upon providing
thirty (30) days written notice to the other party.
The County has the sole authority to approve of an acceptable level of care which must be
provided by the City. If the County determines that the service levels provided by the City have
declined below the established acceptable level of care, the County may, at its option, provide the City
�l
with notice of the decline and an opportunity to cure, or immediately terminate this Agreement upon
written notice.
In the event of any termination by the County or City pursuant to this Section, the City agrees
to return a pro -rated amount of First Responder funding to the County from the effective date of
termination through September 30, 2005.
SECTION 8. NOTIFICATION:
Notifications should be sent to the following personnel and addresses:
Fire Chief David Sargeant William L. Farmer, Fire Chief
Cape Canaveral Volunteer Fire Department Brevard County Fire Rescue
8970 Columbia Rd. 1040 S. Florida Avenue
Cape Canaveral, Fl. 32920 Rockledge, Florida 32955
SECTION 9. ATTORNEY'S FEES AND COSTS:
In the event of any litigation between the parties arises out of this Agreement, each party shall
bear its own attorney's fees and costs.
SECTION 10. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason
held by a Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder
of this Agreement.
SECTION 11. LIABILITY:
Each party to this Agreement will be responsible for their own negligence and will maintain
appropriate insurance as necessary to meet any incurred liability under Section 768.28, F.S. Nothing
in this Agreement shall be construed to waive the limited liability conferred to both parties to this
Agreement under Section 768.28, F.S.
SECTION 12. AUDITING, RECORDS AND INSPECTIONS:
In the performance of this Agreement, the City shall keep books, records, and accounts of all
activities, related to the Agreement, in compliance with generally accepted accounting procedures.
Books, records, and accounts related to the performance of this Agreement shall be open to inspection
4
during regular business hours by an authorized representative of the office and shall be retained by the
City for a period of three (3) years after termination of this Agreement. All books, records, and
accounts related to the performance of this Agreement shall be subject to the applicable provisions of
the Florida Public Records Act, Chapter 119, Florida Statutes.
No reports, data, programs, or other materials produced, in whole or in part for the benefit and
use of the County, under this Agreement shall be subject to copyright by the City in the United States
or any other country.
SECTION 13. ASSIGNABILITY:
The City shall not assign any portion of this Agreement without the written permission of the
County.
SECTION 14. JURISDICTION, VENUE AND CHOICE OF LAW:
All questions pertaining to the validity and interpretations of this Agreement shall be
determined in accordance with the laws of the State of Florida. Any legal action by either party
against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be
deemed proper jurisdiction and venue for the action.
SECTION 15. ENTIRE AGREEMENT:
This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets
forth the entire Agreement between the parties. This Agreement shall not be modified except in
writing and executed by all parties.
SECTION 16. AUTHORIZATION/EFFECTIVE DATE:
Effective date of this Agreement will be October 1, 2004.
5
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
written above.
ATTEST:
Scott Ellis, Clerk
ATTEST:
By:
LIM
Ron Pritchard, D.P.A., Chairperson
AS APPROVED BY THE BOARD ON
Reviewed for legal form and content
CITY OF CAPE CANAVERAL
In
!✓
8, 2005
Bennett Boucher, City Manager
City of Cape Canaveral
ATTACHMENT "A"
FIRST RESPONDER RATE SCHEDULE
Paid, Full Time, Advanced Life Support Unit .............................................$29,669.58
Paid, Full Time, Advanced Basic Life Support Unit ......................................$17,209.80
Consumable Supplies:
*Allowable Per Call................................................................. $ 4.89
Advanced Life Support Medical Direction:
*Allowable Per Call................................................................. $ 2.93
Basic Life Support Medical Direction:
*Allowable Per Call................................................................ $ 1.73
*Call Load Based on Previous Calendar Year (Close Out) Totals
For the purpose of the "First Responder Agreement", "first response unit" must be an engine or squad
which has permanently assigned personnel who are immediately available to provide first response
services 24 hour per day, 7 days per week. A unit which utilizes or depends on (or "shares") personnel
assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and
will not be authorized to receive first responder funding.
Meeting Type: Regular
Meeting Date 02-15-05
AGENDA
Heading
Considerations
Item
8
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: QUARTERLY TREASURER'S REPORT AND BUDGET
TRANSFERS FOR THE PERIOD ENDING 12-31-04
DEPT./DIVISION: FINANCE
Requested Action:
City Council consider approval of the quarterly treasurer's report and budget transfers for the period ending 12-31-
04 as presented by the city treasurer.
Summary Explanation & Background:
See attached report.
I recommend approval.
Exhibits Attached:
City Managers-Pffice
Department FINANCE
c kimpvggefffs\admin\c ci1\meeting\2005\02-15-05\budget.doc
MEMORANDUM
DATE: February 8, 2005
TO: Honorable Mayor and
Members of the City Council
FROM: Andrea Bowers
City Treasurer
SUBECT: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year
2004/2005, Quarter Ended 12/31/2004
Revenues
Revenues received for the first quarter of the year are well within original projected
levels. With Grant and internal transfer dollars removed they stand at 37% collected.
This collection percentage represents only those budgeted revenues actually received and
is a repeat of our revenue position at this same time last fiscal year. Numerous revenue
sources historically lag a month or more behind. These include Garbage, Recycling and
Bottled Gas.
The numerous hurricanes brought the city to a halt for a brief period and created
numerous unplanned projects. Most of these are FEMA eligible and have been
submitted. At this time no funding has been received. This is true for all of the
municipalities in the county. I will update you as information is received.
Following is a brief evaluation of budget amendments requiring attention. It should be
noted that only those items representing a significant change in fiscal policy have been
offered for adjustment. It is not the intent of these amendments to adjust each account to
reflect actual activity. Some of these items have previously been approved, and the
technical adjustment is merely housekeeping.
The phone system in the Annex required an unexpected repair and funding has been
provided within the Public Safety Budget.
General Insurance for the Fire Department was increased to provide for the increased
premiums.
The Streets Department was increased to provide funding for the Concurrency
Management System Update and to replace street signs lost during the hurricanes. The
street signs are a FEMA eligible expense.
The scoreboards at City Park, lost during the hurricanes, are slated to be replaced.
Recreation Department's budget is increased to provide for the replacement. This
funding will be reimbursed by FEMA.
The Sewer Enterprise Fund budget is increased to provide the funding required to
proceed with the plant improvements, done by Waterline Industries. This is an ongoing
project and was originally budgeted in FY 2004. Reuse has also been extended beyond
original projections. These funds are Impact Fee eligible and Contingency is reduced to
provide the funding required.
Expenditures within the Stormwater Enterprise Fund are within targeted balances and
no transfers will be made at this time.
This completes the requested Budget Amendments for the first quarter of the fiscal year
2004/2005. Following is a breakdown by line item to enable you to see the overall effect
to the budget. Please contact the Finance Department with any questions and/or concerns.
City of Cape Canaveral
Budget Transfers for the Quarter Ended 12/31/04
10/1/2004 Requested Adjusted
Budget Budget Budget
Line Item Account Name Balance Amend. Balance
General Fund
General Fund Revenue
001-300.1000 Cash Forward 228,780 30,700 259,480
Amended General Fund Revenue 30,700
Public Safety
001-4-521.4100 Communications 300 400 700
Amended Public Safety Expenditures 400
Fire Department
001-5-522.4500 General Insurance 26,250 1,000 27,250
Amended Fire Department Expenditures 1,000
Street Department
001-7-541.3100 Engineering Fees 3,500 8,000 11,500
001-7-541.5330 Street Signs 10,850 10,000 20,850
Amended Street Department Expenditures 18,000
Recreation Department
001-11-572.6300 Facility Improvements 30,000 12,700 42,700
Amended Recreational Dept Expenditures 12,700
Amended General Fund Revenues 30,700
Amended General Fund Expenditures 30,700
Sewer EnUrprise Fund
Expenditures
401-10-535.6300 Facility Improvements 75,000.00 397,600.00 472,600.00
401-19-901.6313 Reuse Expansion 100,000.00 38,100.00 138,100.00
401-19-901.9900 Contingency 670,475.00 (435,700.00) 234,775.00
Amended Sewer Enterprise Fund Expenditures