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HomeMy WebLinkAboutPacket 01-04-2005 RegularV CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: of Cape Canaveral . REGULAR MEETING TALL ANNEX Cape Canaveral, Florida UESDAY iary 4, 2005 T:00 PM AGENDA PRESENTATIONS: Commander George McGee CONSENT AGENDA: City Council Regular Meeting Minutes of December 7, 2004. 2. Resolution No. 2005-01; Appointing One Alternate Member to the Business and Cultural Development Board (J. Anderson). 3. Resolution No. 2005-02; Appointing an Alternate Member as a Regular Member to the Code Enforcement Board (L. Holfve). CONSIDERATIONS: 4. Motion to Approve: Cooperative Purchase with City of Orlando, Sanitary Sewer Lining and Manhole Repair; Griner's Pipeline Services, Inc. 5. Motion to Approve: Capitol Equipment Contract Amendment Requested by the Sheriffs Department. 6. Motion to Approve: A Hold Harmless and Indemnification Agreement between Cape Caribe, Inc and the City of Cape Canaveral. 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 of Cape Canaveral, Florida City Council Regular Meeting January 4, 2005 Page 2 6. Motion to Approve: A Hold Harmless and Indemnification Agreement between Cape Caribe, Inc and the City of Cape Canaveral. RESOLUTIONS: 7. Motion to Approve: Resolution No. 2005-03; Review of Annual Sewer Rates. 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 December 7, 2004 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Council Memb2r Mayor Others Present: City Manager City Attorney City Clerk Public Works Director PRESENTATION: MINUTES Bob Hoog Steve Miller Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Ed Gardulski Fall Multi -Family Beautification Award — La Villa Apartments Mayor Randels called on Mr. Leo Nicholas to present the Quarterly Beautification Award. Mr. Richard Parmen accepted the award on behalf of the La Villa Apartments at 199 Tyler Avenue. He was presented him with a plaque and gift certificate in recognition of their beautification efforts. BOARD INTERVIEW: John C. Anderson, Business & Cultural Development Board Mayor Randels called on Mr. John Anderson a prospective alternate to the Board. Assistant City Attorney Kate LaTorre asked if all the information on Mr. Anderson's application were true and correct to the best of his knowledge Mr. Anderson affirmed. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 2 of 10 Mr. Anderson responded to Attorney LaTorre's question on his relevant experience in that he spent 30 years in the tourist development industry. He has worked in 60 countries around the world and assisted in economic development in those countries. He also served as the State Economic Trade Administrator in several U.S. states. Mr. Anderson also stated that he has assisted in the development of many small businesses. He stated that he was also named Chairperson of the National Association for Secretaries of Commerce and National Development. Mr. Anderson replied to Mayor Randels that he chose Cape Canaveral as a place to reside due to the community's ambience. Council members expressed combined thanks for his interest in serving on the Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 16, 2004. 2. Outdoor Entertainment Permit for the 9th Annual Reindeer 5K Run/Walk. 3. Approval of Employee Christmas Bonus. 4. Resolution No. 2004-24; Reappointing One Regular Member to the Construction Board of Adjustment and Appeals (R. Byrd). Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. Mayor Pro Tem Hoog requested a correction on the names stated in the Manatee Sanctuary Park item that provided statements from Mayor Pro Tem Hoog and Mr. Petsos. The City Clerk will make the correction. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 4 with the Noted Change to the Council Meeting Minutes of November 16th. 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: 5. Motion to Approve: Boston Beef and Seafood Appeal of a Community Appearance Board Decision. Mayor Randels reviewed the items that comprised the Appeal Packet. Attorney LaTorre explained that the Council's review in this Appeal is to provide intermediary assessment prior to proceeding to Appeals Court. Mayor Pro Tem Hoog disclosed that he has worked for the applicant on previous occasions. Attorney LaTorre stated that she saw no conflict in Mayor Pro Tem Hoog's disclosure. Attorney LaTorre swore in all the parties who planned City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 3of10 to provide testimony. Mr. Morgan stated that he had visited the site and was shown the materials that the applicant planned to use for the fascia. Mr. Morgan said that he related to the applicant that he had to stay within the guidelines of the City code. Attorney LaTorre called on the applicant to present his case to the Council. Mr. Michael Gulick, of Go Signs, introduced himself to the Council. Ms. Duree Alexander, Code Enforcement Officer, stated that the Community Appearance Board had approved the ground sign; however, the wall sign is in discussion. Ms. Alexander said that she had evidence to submit on behalf of the Sign Company. Mr. Morgan asked if the Board was presented the same information as the Council. Ms. Alexander affirmed. Attorney LaTorre explained to the Council that this review is a de novo review and should be treated as a new discussion. Council members expressed concern with hearing an appeal in that the information presented to them had changed since presentation to the Community Appearance Board. Council members stated that the Board should see the presented changes prior to any form of Appeal. Mr. Burt Bruns, Community Appearance Board Vice Chairperson, explained that the Board approves on appearance and their decision was based on previously presented information. He stated that the Applicant was the sign maker and not the property owner, and therefore he could not provide answers on the owner's behalf. The Community Appearance Board expressed their objections based on the facts that were presented. Mr. Gulick concluded that he might have chosen an inaccurate forum to re -present his information. Council directed the application back to the Board for review. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Remand the Boston Beef and Seafood Appeal Back of the Community Appearance Board. 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. 6. Motion to Approve: Proposal for Reuse Distribution Line Extensions. Mayor Randels stated that the reuse line extension is a budgeted item and the plan is to continue reuse installation while the company is in the area. Mr. Norm Boucher, of 411 Jackson Avenue, said that the 100 Block of Monroe was not included in the plan. He requested Council's approval to include that street. Mr. Gardulski stated that he would review the overall reuse extension plan for omitted streets. Mayor Randels expressed the need for proactive reuse installation in light of the two proposed hotel constructions. A motion was made by Mr. Petsos and seconded by Mr. Miller to Approve the Proposal for Reuse Distribution Line Extensions with Wiring Technologies in the Amount of $60,157. 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 December 7, 2004 Page 4 of 10 7. Motion to Approve: Proposal from Luke Transportation to Present a Concurrency Management Update and an Access Management Workshop. Mr. Joe Robiero stated that the proposal encompasses two areas: 1) to compile a data standard for a concurrency system and 2) to review Astronaut Blvd. and North Atlantic Avenues and create a unified transportation plan to include activity in the Port area. Mr. Robiero explained that vacant lots would be included in the review in order to address potential growth. Mr. Todd Peetz, City Planner, affirmed that he could assist Mr. Robiero in acquiring maps and explain to him some of the changes that have occurred in the City. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Luke Transportation to present a Concurrency Management Update and an Access Management Workshop in the Amount of $8,000 Appropriated from the General Fund. 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 Rands, For. RESOLUTIONS: 8. Motion to Adopt: Resolution No. 200415; Officially Naming Tin Roof Avenue Located in Oak Park. Mayor Randels read Ordinance No. 2004-15 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING TIN ROOF AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. There was no further discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Resolution No. 200415; Officially Naming Tin Roof Avenue Located in Oak Park. 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. 9. Motion to Adopt: Resolution No. 2004-16; Officially Naming Anchorage Avenue Located within the City of Cape Canaveral in the Alas at the Port. Mayor Randels read Resolution No. 2004-16 by title. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 5 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING ANCHORAGE AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE VILLAS AT THE PORT, TEUTONS SUBDIVISION, AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. There was no further discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 200416; Officially Naming Anchorage Avenue. 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. 10. Motion to Adopt: Resolution No. 2004.43; Final Re -plat of Beachside Townhomes. Mayor Randels read Resolution No. 2004-43 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL RE -PLAT OF "BEACHSIDE TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDtNG FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Morgan disclosed that he had previously worked for Mr. Johanson. Attorney LaTorre replied that she found no conflict with Mr. Morgan's disclosure. Mayor Randels stated for the record that this item was postponed at the November 16"' City Council meeting due to lack of a quorum. Mr. John Johanson stated the address as 510 and 512 Adams Avenue. Mr. Morgan said that he was the builder and he would complete a Conflict of Interest form the following morning. Attorney LaTorre explained that unless Mr. Morgan stood to gain or lose financially from the transaction on the property, he would not need to complete a Conflict of Interest form. A motion was made by Mr. Miller and seconded by Mr. Petsos to Adopt Resolution No. 2004-43; Final Re -Plat of Beachside Townhomes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Miller, For, Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 11. Motion to Adopt: Resolution No. 200445; Supporting Financial Incentives for Disaster Recovery. Mayor Randels read Resolution No. 2004-45 by title. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 6 of 10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ENCOURAGING THE STATE OF FLORIDA TO ESTABLISH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CLIENTS TO VOLUNTARILY USE CERTAIN CONSTRUCTION TECHNIQUES AND MATERIALS DURING RECONSTRUCTION FOLLOWWNG NATURAL DISASTERS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS WITH PRIOR RESOLUTIONS. Mayor Randels explained that the Florida League of Cities developed a Resolution following the Institute for Business and Home Safety whose mission is to prevent loss of life and property damage due to disaster. Mayor Randels outlined the Resolution's whereas clauses in that there are building materials and proven construction techniques that would significantly minimize property damage. Federal funding would be provided from the proceeds remaining from the 2004 hurricanes. Mr. Miller stated that he found the current Building code adequate for wind zones and risks, and added that if the current code were followed properly, construction was performed to rigorous standards. Mr. Miller replied to Mayor Randels that if repair or replacement is performed at 50 percent or more of the existing structure, it must comply with the current Building code. Mayor Randels asked the City Manager to forward copies of the Resolution to the Building Officials Association of Florida and the other entities listed on the Agenda Report. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Adopt Resolution No. 2004-45; Supporting Financial Incentives for Disaster Recovery. 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. ORDINANCES: Second Public Hearing: 12. Motion to Adopt: Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right- of -Way. Mayor Randels read Ordinance No. 10-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THEIR ADDITION, AS RECORDED IN PLAT BOOK 16, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels stated that the ordinance was duly published on November 27"', the first hearing was held on May 4, 2004 and the ordinance was approved at that time with stipulations. Mayor Randels asked if all of the stipulations were met. Mr. Boucher affirmed and said that access road stabilization was performed using paving blocks and a sound activated emergency gate was added at the entrance of the Villages of Seaport. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 7 of 10 There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right -of -Way 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. DISCUSSION: 13. Outline of Mixed Use Development Agreement. Mayor Randels reviewed the proposed concept for Mr. Miller and Mr. Morgan. He clarified the project venue as the west side of State Road Al A near the Canaveral Creek and the Budget Rent-A-Car. In response to Mr. Morgan, Mr. Greene stated that 11 acres were proposed. Mayor Randels read the points of the Outline as: 1) the Applicant desires to develop a mixed-use and residential development within the City of Cape Canaveral, 2) It is the City's desire to promote said development according to applicable law, 3) the Applicant shall submit an application for change in Comprehensive Plan along with a proposed Mixed -Use Ordinance no later than December 31, 2004, 4) The City shall use reasonable efforts in processing the application for change in Comprehensive Plan as well as the enactment of the Mixed -Use Ordinance, 5) The City shall process said application such that the transmittal to the Department of Community Affairs should occur no later than March 2005. Mr. Todd Peetz stated that the Council's discussion was feasible if the application was submitted by December with a 30 -day notice period. Mayor Randels continued the Development Agreement Outline: 6) the Comprehensive Plan change as well as the Mixed -Use Ordinance must be commercially reasonable for Developer to continue to process said development. 7) The total process for the change in the Comprehensive Plan and the Mixed -Use Ordinance should be concluded no later than December 31, 2005. Mr. Peetz stated that within one year the City should have the application returned from Department of Community Affairs for review. Mr. Nicholas asked if the Planning and Zoning Board would participate in the review. Mayor Randels affirmed. Mr. Nicholas also asked who determines what is commercially reasonable? Mayor Randels clarified that commercial viability Hes upon the developer. Mr. Petsos asked if the City is bound by the dates in the Agreement? Attorney LaTorre related that Attorney Garganese cautioned against committing to pre -determined dates. At this time Mr. Morgan stated his favor with the concept. Mr. Peetz replied to Mr. Boucher that he would pursue a text/map Comprehensive Plan amendment. Mr. Peetz clarified that the zoning boundaries would dictate commercial property placement. He stated that the text amendment would reference the concept within the Comprehensive Plan in order to modify the Land Development Code and keep the Code consistent with the Comprehensive Plan. Mr. Peetz related that he understood the applicant's need for timelines in order for the application not to stagnate at the Board City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 8 of 10 level. Attorney LaTorre stated that the Florida Statutes also provides safeguards for the application to proceed from the Board to the Council level. Mr. Boucher stated that adjacent property owner notification is also another step in the process and Greene International would submit an application that would follow due process. Mr. Martin Greene expressed that his company would find out during review if the concept were viable due to its compliance with City code. He said that he was aware that the City's height and density ratios would not change. Mr. Peetz stated that Mr. Greene would need to submit an application for a Comprehensive Pian Amendment and a Zoning Plan change. Attomey LaTorre stated that there are restrictions on how long the application could be held at the Planning and Zoning Board level and also at the Council level once submitted to the Department of Community Affairs. 14. Review Process for Site Plans. Mr. Petsos expressed his thoughts on the Council providing decision on site plans in the City. He noted the loss of beach end parking on Monroe Avenue due to development as an example. Mr. Morgan said that the Council did discuss some site plan issues and he inquired if Council review could run concurrent with the Planning and Zoning Board review. Mayor Randels suggested that Council receive a Zoning Board packet for review at the same time as the Board. Mr. Miller stated that the City of Cocoa Beach Commission performs site plan reviews. Ms. Bea McNeely, Planning and Zoning Board Chairperson, cautioned that no matter which body approves site plans; the site plan must agree with the ordinances. She stated that the ordinances are not always clear and suggested that the Council continue with Code review in order to better clarify the intended purpose of the City's laws. Mr. Boucher added his intent to address Code review continuance under his reports. Discussion concluded that Council did not choose to intervene in the Planning and Zoning Board's decisions or to belabor the process, but to make the process more effective. REPORTS: 1. City Manager • Mr. Boucher announced that the City was awarded another grant from the St. John's River Water Management District for $31,000. • Mr. Boucher reported that the Fire Chief and Commander McGee have been working on the 800 Megahertz System. He stated that a 350 -foot tower, if land were available, costs $750,000. However, the project price would increase to $2 million if the Rockledge site were not upgraded. • Mr. Boucher reported that he spoke with Tallahassee officials and beach re -nourishment would begin some time in February and be completed before turtle -nesting season begins. • Mr. Boucher reported on the North Atlantic wkiening project and said that all utilities except Bell South have been relocated from the area. • Mr. Boucher reported on the status of the model space shuttle at an approximate cost of $10,000 with volunteer assistance. • Mr. Boucher announced that message boards would be stationed on State Road A1A beginning on December 21s to caution against fireworks use within City limits. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 9 of 10 Mr. Boucher asked if the Council desired to proceed to Code Section 110 for Code Review. Council requested that Ms. McNeely inquire of Planning and Zoning Board member attendance and to schedule date and time. Mr. Boucher referred to the City Council Meeting on December 21st and asked if Council desired to meet or postpone until January 4, 2005. A motion was made by Mr. Morgan and seconded by Mr. Miller to Cancel the City Council Meeting of December 21st due to the Holiday. 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. Mr. Boucher reported that the Building Official was hospitalized. He would update the Council on his status as he received news. 2. Staff Public Works • Mr. Gardulski reported that City holiday decorating is ongoing. City Clerk • No report City Attorney • Attorney LaTorre reported that the Burgett case relating to the Annexation was dismissed. AUDIENCE TO BE HEARD: There was no public comment. 3. City Council Mr. Petsos • Mr. Petsos asked the City Manager to stay informed of the County Ordinance on resort rentals. Mr. Boucher stated that the County Commission passed a 30 -day moratorium on any new rentals. • Mr. Petsos inquired about the City Hall relocation. Mr. Boucher reported that he tasked the City Clerk and Ms. McIntire to compile all previously submitted information and make a presentation on space options. • Mr. Petsos thanked the Public Works Director for addressing street lighting. Mr. Miller Mr. Miller asked if Attorney Torpy had any further prevailing issues against the City since the Annexation. No issues were noted. Mr. Morgan No report. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 10 of 10 Mayor Pro Tem Hoog • No report. Mayor Randels • Mayor Randels reported that concerned residents called regarding tree destruction on the former Maggie's Mini Nursery property. He related that the developer did work within the constraints of the City code. Mayor Randels stated that Perlas del Mar had 2,638 total inches of trees and 1,877 were exempt once the footprint for the house and roads were established. There were only 761 inches of trees that the developer kept however, they were palms, not oaks. Mayor Randels expressed concern that the City code should allow for more flexibility in order to preserve trees. • Mayor Randels announced the Holiday Tree Lighting on Sunday, December 1 e at 7 P.M. at the Cape Canaveral Library Meeting Room • Mayor Randels announced the Annual Reindeer Run on Saturday, December I Vh. • Mayor Randels solicited items for discussion with the County Commissioner. Mr. Petsos replied he would like to see more County tax dollar funds used in the City. Mr. Boucher added paving Ridgewood Avenue. • Mayor Randels reported that the Brevard County Water Board met the day prior and he asked if there were any interest from other Council Member in attending. ADJOURNMENT: There being no further business the meeting adjourned at 9:55 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 01/04/05 AGENDA Headft Consent ftem 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2005-01; APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council appoints John Anderson as an Alternate Member to the Business and Cultural Development Board. Summary Explanation & Background: Council interviewed Mr. Anderson at their December r meeting. Approval of appointment recommended. Exhibits Attached: Resolution No. 2005-01; Board Application; Business and Cultural Development Board Memo dated November 18, 2004 City Manager's Office Department LEGISLATIVE A� �n RESOLUTION NO. 2005-01 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE 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 Second 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. John Anderson is hereby appointed as a Second Alternate 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 4th day of January 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY MCM9TM5 JUN 1 0 2004 CITY OF CAPE CANAVERAL:f 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 fallowing in the space provided: A. GENERAL 1. Applicant Name: d H,rl 2. Home Address: �l�lo �R� S�o�,ls�i✓l� C� i l'^ 3. Home Telephone: C 3A A 79 41 - /lv D 4. Occupation: � f- / -0 5. Business Telephone: 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? (`) ✓ (N) 2. Have you been a resident of the City of Cape (Y) ✓ (N) 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 (Y) (N) conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? y�- M (N) 4a. Do you presently serve on any other City of Cape (Y) (N) Canaveral advisory board or committee? 4b. If yes to 4a, please list each: 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 J C 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? 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N)z 6b. if yes to 6a, please provide name(s) of person(s) and relationship to you: C. I NTERESTSlEXPERIENCE i . Briefly state your interest in serving on a City advisory board or committee: s ? c Z4 L 74-A ME ZA w, c e0^1,V C1/(// T%a 2. Briefly state any prior experiences in serving on any governmental board or committee: s�r2��To/2 �Lo.� Jtu'xx7iJ.t'/ /ice �'ap'lil9�o�cc �.e �S'T.�7de' die <%/z�GQ ./ it77CaeV ".0,4 SSeC/ai/6.V 0/' S7a7ecAClil�pj�yf�A-7 AGE_Jl/CiCS. 3. Please fist 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 _4/L / 7� P / �%.P s' /c' -r x '� _6r4'4'e 6 G 14 et S'/7/ 01&6�e ste t IAI"'70.1 /7/C//L SC ,1ZA1CL d- A?�2Ai47/6tiAX1a7/dA� a7 fJ�d e D 2l %C �wAn rd Y C.dOG�(�C�QGCd� -FO,t S747L/ 2o(Q�',/,L CiDbC/l.1//�,C�i/7 ,�' iL'�'L7/l�,fS� 349 YeOI/r.3 /�/Lr��//f/G" Tdli.0/S///� 147L 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board �zd6 art s x b. Board of Adjustment* U S s7v7rs. 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* L Recreation Board j. Other. *Members of these boards are required to complete and fife 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 appointrrwent while sftlf 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 L,-, 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 conCact the City Cleric's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Date Appointed: Appointed by: Board Appointed to: f3u51 *16-55 j Co -11 &0L jk(c� erm Expires: Memorandum To: Bennett C. Boucher, City Manager CC: Susan Stills, City Clerk , �\ From: Bertie Edwards, Chairperson, Business & Cultural Development Board Date: 11/18/2004 Re: RECOMMENDATION TO CITY COUNCIL REGARDING APPOINTMENT OF 2ND ALTERNATE BOARD MEMBER The Business & Cultural Development Board interviewed applicant, John C. Anderson, to fill the 2°`' Alternate Board Member position at the meeting held on November 17. 2004 (application attached). Members unanimousl}- recommended that Cite Council appoint John C. Anderson as 2°d Alternate. Please schedule this proposed ordinance for the December 7, 2004 City Council agenda. Attachment Meeting Type: Regular Meeting Date: 01/04/05 AGENDA Headkv Consent Rem 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2005-02; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBR TO THE CODE ENFORCEMENT BOARD. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council appoints Lars Hotfve as a Regular Member to the Code Enforcement Board. Summary Explanation & Background: Former Code Enforcement Board member Jeffrey Ratliff accepted employment with the City and that created a regular member position vacancy. City Manager recommends appointment. Exhibits Attached: Resolution No. 2005-02; Reappointment Confirmation Letter — L. Holfve; Resignation letter from Jeff Ratliff. City Manager's Office Department LEGISLATIVE RESOLUTION NO. 2005-02 A RESOLUTION APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE CODE ENFORCEMENT 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 City Code Section 2-256 created a Board known as the Code Enforcement Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council 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. Lars Holfve is hereby appointed as a Regular Member of the Code Enforcement Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of January, 2005. ATTEST: Rocky Randels, MAYOR Steve Miller Jim Morgan Susan Stills, CITY CLERK Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST City of Cape Canaveral December 20, 2004 Lars Holfve 350 Taylor Ave. #135 Cape Canaveral, FL 32920 Dear Mr. Holfve: Please check the box that indicates your desire to be appointed as a regular member of the Code Enforcement board and continue to serve for another three- year term. Please return this notice immediately to the City Clerk. The resolution to appoint you as a regular member is scheduled to appear on the City Council Agenda of Tuesday, January 4, 2005. Thank you. I DO wisht e considered for appointment as a regular member. ❑ t DO NOT ish to be considered for appointment. Board Sincerely, Susan Stills, CMC CITY CLERK Signature) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com To: City of Cape Canaveral Attn: Ms. Virginia Haas From: Jeffrey A. Ratliff VIA FACSINELE: 321 868-1248 'Due to my acceptance of tho position of Stormwater Administrator for the City of Cape Canaveral (City), I respectfully resign from the City of Cape Canaveral Code Enforcement Board (Board) effective December 31, 2004. It has truly been a pleasure to work with the City and the personnel on the Board — I wi I I certainly miss working with these wonderful volunteers. C. ` 01� -A 9Jeffrey A. Ratliff Gd WdVO: ZO VOOZ ST -0aG c'�'8669ZTZZ : 'Old XUA : WOaj Meeting Type: Regular Meeting Date: 01/04/05 AGENDA Heading Considerations Rem 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATIONS: COOPERATIVE PURCHASE WITH CITY OF ORLANDO, SANITARY SEWER LINING AND MANHOLE REPAIR; GRINER'S PIPELINE SERVICES, INC. DEPT./DIVISION: PUBLIC WORKS Requested Action: Council considers a cooperative purchase with the City of Orlando in order to proceed with budgeted repairs on the City's sewer collection system. Summary Explanation & Background: See attached memo from the Public Works Director. City Manager recommends approval. Exhibits Attached: PW Director's memo dated: 12/01/04; Copy Budget Line Item; City of Orlando Agreement; Price List. City Manager's Office Department PUBLIC WORKS MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: December 1, 2004 SUBJECT: City Council Agenda Item for December 7, 2004 Cooperative Purchase with the City of Orlando, Sanitary Sewer Lining and Manhole Repair; Griner's Pipeline Services, Inc. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Four years ago the collection crew had identified problem areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary sewer system. This year project is a continuation of the City's program. The streets scheduled for this year are attached. The projected cost for slip lining 3,138 MOL liner feet of 8" clay pipe is $91,002 (@ 29.00 LF). Funds have been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year. The purchase of this service will be through a cooperative bid with the City of Orlando, Bid No. B 102-1660, awarded to Griner's Pipeline Services, Inc. The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. Recommend approving the cooperative purchase with the City of Orlando for service from Griner's Pipeline Services, Inc. in the amount of not to exceed $92,000. Attachments CC: Walter Bandish, File V . CITY OF CAPE CANAVERAL 2004-05 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND 401-19-901. CODE DESCRIPTION 6308 FORCE MAIN REPLACEMENT NON -DEPARTMENT EXPENDITURES 2001-02 2002-03 ACTUAL ACTUAL 2004-05 BUDGET CHANGE 6313 REUSE PROJECT - INSTALLATION 2,238 67,512 311,554 311,554 100,000 -68% 7110 SRLF CS120825020 DEBT PAYMENT 325,817 � - 346,326 346,326 357,061 3% 7120 STATE REVOLVING LOAN INTEREST 223,004 235,662 204,269 204,269 190,579 7% 9900 OPERATING CONTINGENCY 1 I 299,677 3,695 NON -DEPARTMENT 1,187,531 861,756 1,234,632 3 695 1,325,632 690��wo�£� ,475 18045% 2,059,858 55% I Ncv 19 04 04:07p Miller Pipeline 1352383GG07 p,2 June 2, 2004 Ms. Shannyu L. Reed, Operations Assistant Miller Pipeline Corporation Dba Griner's Pipeline Services 21902 State Road 46 Mount Dora, FL 31.757 SUBJECT: Extension of Annual Agreement for Sanitary Sewer Lining and Manhole Rehabilitation, BI02-1660-02 Dear Ms. Reed: The subject Agreement will expire on October l4, 2004. In accordance _with. the terms and conditions of subject Agreement. the Agi.ee;nent may. by mutual assent of the parties, be extended for.2n additional twelve (12) month period, The Cite would like to extend the Agreement for a"a additional year, effective October 15, 2004, at she existing pricing, terms and conditions. However, during the past year, the City has instituted a new policy that governs wages paid to employees by firms that are under contract with the City. Iota ac)cnowledgement that :your fern: is in compliance with this policy must be. confirmed by you before the renew'aI can be executed, The Living Wage policy is as follows: All covered service contractors, as well as their subcontractors (first tier only), shall pay to all of their employees providing services pursuant to a contract with the City, a living wage for the time spent providing covered services to the City. (This provision does not include general administrative personnel unless they tbbe, assigned to a City project.) "Living wage' means compensation for employment. of not less than $8,50 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall bc. provided to confirm compliance with this provision of='tile service coin * ofof shdil a11ox! the City to audit (at service contractor's place of business) its payroll records to detertnine if compliance has been achieved. Failure to comply with the provision may result it, termination of. the contract and/or preclusion from future City contracts. This provision shall apply. to ah bid.and proposal awards for. services, which invoke City expenditures that exceed SI.00,000.100 per year. . UFTICE of PURCHASING AND MATERIALS MANACFNTFNT C:TY HhLL • 400 SOUTH ORArGz Av--N-n- - P.O. BOX 4990 - ORLANDO, MOR[DA 32802-4990 PHONE (4 07) 24 6- 2291 • FAx (40) 246-2869 - httpaYwww.Cityof0r':ando.net N&v 19 04 04:07p Miller Pipeline 1352363GG07 Please acknowledge below that your firm is in compliance with the City's living wage policy and that this policy will not affect your pricing schedule. Thank you for your immediate attention to this matter. Sincerely, on Mead, C.P.M. Director of Purchasing & Materials Management im ACCEPTANCt Official Signature Title 4, 1 oral. Date OFFICE,oF PURG11ASING AND MATERLALS MANAGEMENT CITY HALL - 400 SOUTH ORANGE AVENUE - P.C. BOX 4990.ORLANDO, FLORIDA 32802-4990 PHONE (407) 246-2291 - FAx (407) 246-2869 - http://tvww.CityofOriando.ne: p.3 Street Manhole # Footage Cost Price Buchanan 115-14 - 115-15 25 29.00 725.00 Pierce 115-20 - 115-21 25 29.00 725.00 Jackson 116-23 - 116-22 305 29.00 8845.00 Jefferson 122-2 -116-49 278 29.00 8062.00 Washington 116-64 - 116-65 295 29.00 8555.00 Washington 116-71 - 122-4 290 29.00 8410.00 Adams 116-56 -116-57 295 29.00 8555.00 Washington 116-71 -116-70 270 29.00 7830.00 Washington 116-67 -116-68 329 29.00 9541.00 Holman 114-10 -114-11 390 29.00 11310.00 Holman 108-8 - 108-7 290 29.00 8410.00 Monroe 116-30 -116-31 346 29.00 10034.00 Total 3138 91,002.00 Meeting Type: Regular Meeting Date: 01/04/05 AGENDA Head -9 Considerations nem 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATIONS: CAPITOL EQUIPMENT CONTRACT AMENDMENT REQUESTED BY THE SHERIFF'S DEPARTMENT. DEPT./DIVISION: PUBLIC SAFETY/ LAW ENFORCEMENT Requested Action: City Council considers approval of an amendment to the Law Enforcement contract for the purchase of Category 5 computer cabling in order to re -wire the Canaveral Precinct. Sheriff estimates a cash forward of $24,000. This is not a budgeted item. Summary Explanation & Background: City Manager recommends approval. Exhibits Attached: Bid Proposal. City Manager's Office Department PUBLIC SAFETY! LAW ENFORCEMENT ,tsrtrar�►�� �. �.. ELAFC r'§VMAt ". Si"STWANs, S. MCp Proposal # 04-087 November 18,2004 TO: Brevard County Sheriffs Department ATTN: Marvin Greene Re: Canaveral Precinct BID PROPOSAL Scope: Provide and install Category 5e plenum cable from the existing patch panel area to locations specified on survey map. Install 27 duplex surface mount faceplates with new category 5e inserts and blanks where required. Utilize new 48 -port patch panel in existing rack. Terminate according to 568 standards, label, test, and certify results. All labor is included in the Total Cost. Hardware: Component Description Part No. Quantity 4 Pr. 24 AWG Plenum CAT. 5e Commscope 55NU-XX 2,700 Surface Mount Box Molex SBX00001 20 Patch Panel Molex 5E 1 Swing Gate Molex 2 RMU 1 2 port faceplate, ivory Molex WSY 002 27 Blanks Molex KSJ-00005 27 J hooks Caddy #12 70 Beam Clamps Caddy BC200 70 RJ -45 Insert, Blue, cat 5E Molex KSJ-00024 27 5' Patch Cord Molex PCD5e-05 27 7' Patch Cord Molex PCD5e-07 27 Surface mount raceway Panduit LD3 120 Ceiling Adapter Panduit CF3 20 Total Cost: $4,068.78 (See bid # 01C -23J Palm Beach County, FL School District) Submitted by: Steven L. Koller, Regional Manager ACCEPTANCE OF PROPOSAL - By issuance of a Purchase Order, the above specifications conditions, and pricing are accepted. Accepted by: Purchaser 5095 S. AN:ASIIINGION :AVrI NEE • Sl ITE. 301 • 'l'l'tI SVIL1,1:, I 32i9 PIIONE- 321-901-1321 • PAS: 015-694-9502 Meeting Type: Regular Meeting Date: 01/04/05 AGENDA Heading Considerations Rem g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATIONS: A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BETWEEN CAPE CARIBE, INC. AND THE CITY OF CAPE CANAVERAL. DEPT./DIVISION: BUILDING DEPARTMENT/ CODE ENFORCEMENT Requested Action: City Council considers an agreement between the City and Cape Caribe, Inc. in the matter of a ground sign placement. Summary Explanation & Background: Cape Caribe, Inc. submitted a Hold Harmless and Indemnification Agreement with the intent to comply with a City code violation Exhibits Attached: Hold Harmless and Indemnification Agreement. City Managers Office Departrnent p ? �z t ,oc.� BUILDING DEPT./ CODE ENFORCEMENT HOLD HARNILESS AND INDEMNIFICATION AGREEMENT THIS AGREEMENT, entered into on the last date signed below by and between CAPE CARIBE, INC., a Florida corporation (hereinafter "Indemnitor") and the CITY OF CAPE CANAVERAL, a Florida municipal corporation (hereinafter "City', and the parties agree as follows: WITNESSET H: WHEREAS, the Indemnitor was found in violation of Sections 94-64(g) & (f) of the City Code relating to the placement and size of its ground sign on its property at the southeast corner of Shorewood Drive and George King Boulevard; and WHEREAS, the City's code enforcement board found that Indemnitor's non-compliance was due in part to errors which occurred during the City's plans review process, and determined that at this time, the onlyway for Indemnitor to comply would be for the removal of the existing sign and to construct a new compliant sign, which would take time and significant expense to Indemnitor, and WHEREAS, the Indemnitor has agreed to bring its property into compliance but has asked for time to explore its options relating to obtaining such compliance; and WHEREAS, the City's code enforcement board agreed to provide Indemnitor up to one (1) year in which to obtain compliance, provided. the Indemnitor entered into this Agreement; and WHEREAS; the Indemnitor agrees to indemnify and hold harmless the City for any and all claims, liability, damages, or expenses, as provided more thoroughly below, arising from the location of the Indemnitor's ground sign. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Recitals. Foregoing recitals are true and correct and are incorporated herein by this reference. 2. Indemnification. The Indemnitor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its officials, officers, employees, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings) directly or indirectly arising from the location of Indemnitor's ground sign at the southeast corner of Shorewood Drive and George King Boulevard in the City of Cape Canaveral. The indemnification provided above shall obligate the Indemnitor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that maybe brought against the City.or its officials, officers, employees and attorneys arising from the placement and size of the sign in violation of the above ordinance. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indernnification provided herein, as long as said fees are no greater than at a rate of $200 per hour. 3. Sovereign Immunity.Nothing contained in this Agreement shalt be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 4. Choice of Law/Venae. This Agreement is made .and shall be interpreted, construed, governed, and enforced in accordance with the laws ofthe State offlorida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. Witnesses: INDEMINITOR Q" Print: % Print Name: ea A iv a E W Date: �� c F� 3e +-� , 20 ov Name: "�� J DIOW dtllr-'v PA STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared f4vo4Er� St:rrr�us3 as V:cc pr ES%v£0t who'fwas known to me to be the person described in or O produced as identifi//tion and who executed the foregoing instrument and he acknowledged before me that he executed the same. A of CAae Ca r: be , 2ryC WITNESS my hand and official seal in the County and State last aforesaid this 17ty day of `DECCmBGR , 24ol. Attest: J��JNY-01,, Barbara Downey os9s �V- zC=Mf5d= DD Mil E=p19.2005 '�y�f�Ff J6 Bea Auq, Tluq 'a,n1u• At]anEic 3-%*% Ca, Inc Public My Commission Expires: CITY OF CAPE CANAVERAL, By: Susan Stills, City Clerk Rocky Randels, Mayor Date: 20 M Meeting Type: Regular Meeting Date 01/04/05 AGENDA s Resolutions Rem 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-03; AMENDING THE SEWER RATES, PROVIDING NOT TO IMPLEMENT A 3 PERCENT SEWER RATE INCREASE FOR 2005. DEPT./DIVISION: ADMINISTRATION/ FINANCE. Requested Action: City Council adopts Resolution No. 2005-03 that proposes not to implement a 3 % sewer rate increase in 2005. Summary Explanation & Background: City Treasurer has provided an analysis of sewer rates over the last five years based on the consultant's rate model. Exhibits Attached: Resolution No. 2005-03; City Treasurer's Memo dated 12/21/04; Graphs — Impact Fees, Sewer Rate Revenues, Operating Expenses. City Manager's Office Department `= 19 � ,� A\ \\ ■ATA \ TSA• t i !\ \ \ Ar I AUMlIVIZI 1 KA 1 tVIV/ r11VA1Vl.t RESOLUTION NO. 2005-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE SEWER RATES, PROVIDING NOT TO IMPLEMENT A 3% SEWER RATE INCREASE FOR 2005, AS PROVIDED FOR IN CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78-152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 78-152 of the Code of Ordinances, provides for the adjustment of the monthly sewer rates by Resolution; and WHEREAS, the City Council desire not to implement a 3% sewer rate increase for 2005, and WHEREAS, this Resolution is deemed in the best interest of the health, safety and welfare of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. The Sewer Rate schedule as set out in Appendix B, Chapter 78, Utilities, Article III, shall remain unchanged at the 2002 rates for the Commercial Sewer Rate structure and unchanged at the 2003 rates for the Residential Rate structure effective January 1, 2005 and ending on December 31, 2005. SECTION 2. This resolution shall be come effective upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of January, 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller Jim Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\2005\Sewer Increase Abatement.doc Memorandum To: HONORABLE MAYOR AND MEMBERS OF CITY C CIL From: ANDREA BOWERS, CITY TREASURER Date: 21 DECEMBER 2004 Re: REVIEW OF ANNUAL 3% SEWER RATE INCREASE We are now in the final year of our five year rate plan, which again calls for an across the board 3% rate increase. The 3% rate increase was implemented for the first two years of the five-year plan. On the third year the 3% increase was implemented for the residential units and the commercial rate was held at 435% of water charges. On the fourth year all rates were frozen and no increases were authorized. I have attached some figures comparing the rate study's projections to the actual figures. While some revenue projections were not reached, namely interest on investments, most were surpassed due to the unprecedented growth the City has recently experienced. It should be noted that the City of Cocoa has again raised their rates for water usage for all of our residents, which automatically indirectly increases the sewer charges paid by commercial accounts. 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