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Home My WebLink AboutPacket 06-21-2011 RegularCALL TO ORDER: REPORTS: 7:0,5 p. m. — 7.- 10 p. m SMEEM 7:10 p.m. — 7:25 p.m. City oif Cape Canaveral rk 9TONE Avenue, Cape Canaveral, Florida Tuesday June 21, 2011 7:00 PM FAW';Q1 j$7jj Comments to be heard on items that do not appear on the agenda of fts meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be H�eard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in tW! - , 1 i 7:25 p.m. — 7.40 Ordinance No. 04-2011, amending Chapter 110 Zoning, related to setbacks-, providinig for the repeal of prior inconsistent Ordinances and Resolutions', incorporation into the Code-, severab,ility; and an effective date. CONSENT AGENDA: 7:4 0 p.m. — 7:45 p.m. 2. Approve Minutes for Regular City Council Meeting of May 17, 2011. 3. Designate one (1) City Official to be the Voting Delegate at the 85th Annual Floridia League of Cities Conference scheduled for August 11-13, 2011 — W orld World Center Marriott, Orlando. 1015 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (32 1) 868-1220 Fav (32 1) 868-1248 ",",�v,cityofc,aliecariavct-zil.oi-g - ern ail: info( eityofcapecanavcral.org City of Cape Canaveral, Florida Ciity Council Meeting June 21, 2011 Page 2 of 2 4. Approve renovation to the marquee at City Mall to install an electroni'Ve message center; appropriate General Government Capital Exp;ansi Funds in the amount of $19,915 for same. I 5i. Approve � Binding Developer's Agreement between the City of Ca -m - Canaveral and Puerto del Rio, LLC, Inc. (Danny Ringdahl) for the Assist Living Facility (ALF) located at West 700 Central Boulevard, I il. Approve - Site Plan Set dated June 14, 2011 for the constructioni of ar Assisted Living Facility at 700 West Central Boulevard. 1 11!11 1!11 11191 11, RII 11 1111111 111 8. Discuss Red Light Cameras and a survey condiucted by ATS (American Traffic Solutions). REPORTS: 0"61410111 so I III I'ag ko Pursuant to Section 286.01 Cis, Florida Stattges, 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. ORDINANCE NO. 04-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, RELATED TO SETBACKS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Council finds a need to modify the City Code to permit parking spaces, access drives and aisles, and dumpsters within setbacks; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed amendment at a duly noticed public hearing held on May 25, 2011, and said Board and City Staff have recommended approval of this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Article 1, "In General"; and Article IX, "Supplementary District Regulations", Division 2 "Off -Street Parking", and Division 5 "Setbacks"; of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and it is intended that the text in Chapter 110 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110 ARTICLE I. IN GENERAL. * � x City of Cape Canaveral Ordinance 04-2011 Page 1 of 4 Sec. 110-1. Definitions. Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specified in sections 110-468, 110-492, 110-538 and 110-567. All required setback areas shall be landseaped with gfeeneT-y (sod) and shall be properly maintained and open space areas within the setback areas except parking and other legal encroachments) shall be landscaped with reg enery (sod). ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2. OFF-STREET PARKING Sec. 110-492. Location of Spaces. (a) Parking spaces for all residential uses shall be located on the same property as the main building, except that one-half the total number of required spaces for multiple -family dwellings, townhouses and mobile homes may be located in a common parking facility not more than 200 feet distant from the nearest boundary of the site. (b) Parking spaces for other uses shall be provided on the same lot or not more than 500 feet distant. (c) Parking requirements for two or more uses of the same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility. (d) Required offstreet parking areas for seven or more automobiles shall have individual spaces marked and shall be so designed, maintained and regulated that no parking or maneuvering shall be on any landscaped buffer, public street, walk or alley and so that any automobile may be parked and unparked without moving another, allowing, however, a driveway of not more than 24 feet total on any street or alley for ingress or egress to the offstreet parking area. e Parking, spaces, access drives and aisles, and dumpster areas are permitted within setbacks. DIVISION 5. SETBACKS � � x Sec. 110-538. Encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: City of Cape Canaveral Ordinance 04-2011 Page 2 of 4 nafkif . be 1eeated i „ ui .a Fr nt or- rear- efl aek fe .le family B a �AAb iiµ VV AV VULVU 111 U 1L1.313111,r1.i 11 V1 twe family dwellings, IR theeeffifner-eial and -nadusfr4� zoning distr-iefs, with the exeeptien e f affy Beuleyafdz f!equir-ed effstreet par -king spaees may be pefmitted within ten feet ef the 48iii let, ZOHifig n*. et 4.,,.,1 eat n pt ., eeifie ; ubseetiens (7) (8) and rt 1) e f this . eiie, 4uVAiVµL U1LU, LAVViJL µJ 311 , . LD(1e Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. ,��, 4ing&;� { } .P_fimar-y par -king may a leeated in u required Rent for- multiple fn ;1. tY0'�C1�"'b"'. �(} Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs. M{l-3) Roof overhangs (eaves) may project not over two feet into a required setback. LUO 44) Air conditioner units may project not over five feet into a required rear setback. LLI JQ44 Emergency pad -mounted generators as provided for in section 110-484. Conveyor' systems may be located within setbacks in the M-1 .light industrial and research and development district by special exception, for purposes of moving aggregate and other materials, Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as.riecessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section S. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be City of Cape Canaveral Ordinance 04-2011 Page 3 of 4 deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of June, 2011. ATTEST: Angela Apperson, City Clerk Legal Ad Published: May 28, 2011 First Reading: June 7, 2011 Second Reading: June 21, 2011 Rocky Randels, Mayor FOR Bob Hoag Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance 04-2011 Page 4 of 4 AGAINST Mailed to: City of Cape Canaveral Attn: Mia Goforth 105 Polk Ave Cape Canaveral, FL 32920 STATE OF FLORIDA COUNTY OF BREVARD A daily publication by: Before the undersigned authority personally appeared KATHY CICALA, who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE Ad # ( 409002) $ 646.40 the matter of: Acct. #( CIT120 ) CITY OF CAPE CANANVERAL the Court NOTICE OF ZONING AMENDMENT ORDINANCE NO. 04-2011 as published in the FLORIDA TODAY in the issue(s) of: May 28, 2011 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. '0 % A Sworn to and subscribed before thi � Ry MARY GRIFFIN NOTARY PUBLIC STATE OF FLORIDA. Iomm# DD0933769 r' C� ��►�Expires 10/1912013 Personally Known X or Produced Identification Type Identification Produced: (Sign fureNdAfrant) 28th day of May, 011 (Signature 6INotary Public) Mary Griffin (Name of Notary Typed, Printed or Stamped) NOTICE OF. ZONING AMENDMENT Notice is Hereby Given that the City of Cape Canaveral City Council will consider an amendment to the code of 'ordinances regarding setbacks in the City of Cape Canaveral A Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, June 7, 2011, at 7:00 P.M.. in the Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, Florida, The City . of Cape Canaveral proposes to adopt the following ordinance: ORDINANCE NO. 04-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO SETBACKS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY, AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, , FL ,32920 during regular working hours, . Monday through Friday, 8:30 A.M. to 5:00 RM. pursuant to. Section 286.1015, Florida Statutes, the City hereby advises the.public that: If a person decides to appeal any decision made by the City Council with -rerspect to any matter considered at this meeting, that person will need a record of the proceedings, and forsuch purposethat person might need to ensure that a verbatim record of the ' proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law,. Persons with disabilities needing .assistance to participate in any of these proceedings should contact the City Clerk's office (868=1221) 48 hours in advance of'the meeting. Angie Apperson, City Clerk CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY May 17, 2011 7:00 PM MINUTES CALL TO ORDER: Mayor Pro Tem Hoog called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. He noted Mayor Randels is absent to attend a conference related to "Green Cities". ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Council Member Betty Walsh Council Members Absent: Mayor Others Present: City Manager- City anager.City Attorney Parks and Recreation Director Public Works Director Assistant Public Works Director Building Official Planning and Development Director Brevard County Sheriff Commander City Treasurer City Clerk PRESENTATION: Rocky Randels David L. Greene Anthony Garganese Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alan Moros Andrea Bowers Angela Apperson Presentation: Cape Canaveral — Cocoa Beach Communitv Fireworks Show on the 4th of July, 2011 - Cocoa Beach Commissioner Kevin Pruett. Commissioner Pruett explained the event and encouraged the City's participation, as well as his offer to Council Member Petsos to wear a Florida State University T-shirt. Discussion ensued and included: the benefits to the businesses within Cape Canaveral; the barge being located off Shepard City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 2 of 7 Park; the Use of contingency; that an organized event is much better than having individuals use their own fireworks, which can be very dangerous; contributions from individual hotels as well as the Hotel Association; that staff is doing all it can to reduce expenditures; whether there are excess funds from prior years, to which Cocoa Beach City Manager Billias responded to the negative; the personnel costs paid by the City of Cocoa Beach in addition to their contribution to the Fireworks display; and that people from all over Central Florida come to this area for the Holiday. A motion was made by Council Member Petsos, seconded by Council Member Morgan, to approve. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Absent; and Ms. Walsh, For. Add-on Item: Approve Proclamation Recognizing June 5 - 11 2011as "Management Week" in the City of Cape Canaveral as requested by the National Management Association. (NMA). A motion was made by Council Member Petsos, seconded by Council Member Walsh, to approve the add-on. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.. Petsos, For; Mayor Randels, Absent; and Ms. Walsh, For. Mayor Pro. Tem Hoog'read,the Proclamation into the record. A motion was made by Council Member Petsos; 'seconded by Council Member Walsh, to accept the Proclamation. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan,` For, Mr. Petsos, For; Mayor Randels, Absent; and. Ms. Walsh, For. Mr. Ray Pohiak accepted the Proclamation, thanked the City Council and explained one member of the organization will be selected as the Golden Knight of Management. He noted the conference is held at Patrick Air Force Base in June. The Manager of the Year for Brevard County is also selected at the conference. POW/MIA (Prisoners of. War/Missing in Action) Flag Donation to the City of Cape Canaveral by Rolling_ Thunder Florida Chapter One, local chapter of Rolling Thunder® Inc.: Mr. Dale Brown presented the City with 6 flags, which will be flown at all City facilities. City Council thanked the'organization for their donation. REPORTS: City Attorney Anthony Garganese indicated all the Harbor Heights Easements have been received and recorded in the Official Records of Brevard County. AUDIENCE TO BE HEARD: Mr. Arvo Eilau thanked the Council for the Bike Path on Ridgewood Avenue. He was concerned about safety of walkers. Mayor Pro Tem Hoog indicated the path is for both pedestrians and bicyclists. City Manager Greene indicated Staff is closely monitoring the situation to see if any action needs to be taken. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 3 of 7 CONSENT AGENDA: Mayor Pro Tem Hoog inquired if any items are to be removed from the Consent Agenda for discussion. With no items being removed, he read the item titles into the record. 1. Approve Minutes for Regular City Council Meeting of April 19, 2011: 2. Approve Resolution No. 2011-06, Appointing an Alternate .Member as a Regular Board Member Shawn K. Painter, to the Business & Cultural Development Board: 3. Approve a Proclamation Designating ating the Month of May 2011 as "Neurofibromatosis Awareness Month": 4. Award the Bid for Stormwater Improvement Pro'ect - Manatee. and Banana River Parks in the amount of $231,599 to Goodson Paving, Inc.; authorize the City Manager to execute the contract and approve budget transfer for same: 5. Authorize the City Manaaer to sian contracts with selected fi eerina/Survevina. Planni response to RFQ 2011-01, without ne'ed'for further City Council approval: 6. Award the Bid for Stormwater Improvements Project ' — Pipe Replacement in Harbor Heiqhts in the Amount of $83,470 to Atlantic Development of Cocoa. Inc.: authorize the City Manager to,execute the contract and approve budget transfer in the amount of $91,470: A motion was made by Council Member Morgan, seconded by Council Member Walsh, to approve Consent Agenda. Attorney Garganese noted the contract in the packet for items four and six will be replaced with their Standard Contract. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Absent; and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 7. Ordinance No. 02-2011, amending Section 110-486 of the Code of Ordinances related to Resort Dwellings and Resort Condominiums; requiring Nonconforming, Resort Dwellings and Resort Condominiums to be licensed by the State in order to operate; providing that Nonconforming Resort Dwellings and Resort Condominiums shall be considered abandoned and lose their Nonconforming Status if their State license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation .into the Code; severability; and an effective date. Attorney Garganese read the title of the Ordinance into the record. A motion was made by Council Member Petsos, seconded by Council Member Morgan, for approval of Ordinance 02-2011. The public hearing was opened. No comments were received and the public hearing was closed. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 4 of 7 The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Absent; and Ms. Walsh, For. 8. Ordinance No. 03-2011, amending Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severabilit • and an effective date. Attorney Garganese read the title of the Ordinance into the record. A motion was made by Council Member Walsh, seconded by Council Member Petsos, for approval of Ordinance 03-2011. The public hearing was opened. No comments were received and the public hearing was closed. The motion carried 4-0 with voting as follows Mayor'Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Absent; and..Ms. Walsh, For. DISCUSSION: 9. Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights; including identified support systems and making the meters stem purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp.: City Manager Greene noted the prior request of Council Member Petsos for this item. Discussion ensued and included a memo which indicates the need to have equal rates for all individuals;, if different rates are used, it will create problems for Brevard County because the., un' -metered parking spaces in Cape Canaveral were used as part of a grant consideration for beach re -nourishment; to have Staff do more research on the issue as well as to see if "Parker Systems" would place the meters for a certain return on their investment so the City would not have any Capital costs. A motionwas made by Mayor Pro Tem Hoog, seconded by Council Member Petsos, to table. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, Absent; and Ms. Walsh, For.",,, A Point, of information was asked by Mr. Scott and Mrs. Vicidomini as to whether Audience Members will be able to comment on the items, to which Mayor Pro Tem Hoog indicated since the item was tabled no comments will be allowed. 10. Discussion of Council Consent Agenda Policy and Rules of Procedure: City Manager Greene reviewed the item. The reasons for changing the policy were discussed. Consensus was reached by the City Council for the City Attorney's Office to prepare an Ordinance for the changes. 11. Discussion of Red _Light Cameras and a survey conducted by ATS American Traffic Solutions; ATS representative Al Bushami presented the findings of the traffic survey, the services provided by his company, a demonstration of how the cameras work and video of violations that have been recorded. A question and answer session ensued and included: City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 5 of 7 • Whether the timing mechanism for the caution (yellow) light could be adjusted to allow the light to stay on longer? Answer: This is controlled by the County and the State; the City cannot adjust. • Concern regarding rear end collisions and when you see someone closely behind you, you must decide whether to run the light or take the chance of being rear ended? Answer: This would be up to the discretion of the local police when video is reviewed. • What requirements did the legislature change this year regarding Red Light Cameras? Answer: No major changes; just some minor adjustments: Courts will be paid by the violator and not the City. The right-hand turn issue has been left up to the discretion of the local police. • If light is red and someone pulls up, stops and turns, is this a right-hand turn violation? Answer: No, as long as you authorized right turns on red lights. This is a business decision established by the City. • Whether a rolling)"California" stop at 8-10 mph is a violation? Answer: This is a Policy decision and is up to the City to establish thresho' ld for the reviewing officer to follow. • The number of accidents caused by a vehicle that ran a red light. Answer: Crash statistics were collected and presented; several careless driving citations were issued; no red light tickets were noted; however; officers'can I use a careless driving citation and determine if the crash was caused by a vehicle running a red light, each report will have to be pulled and reviewed. • Who testifies in court?. Answer: The officer who reviewed the video and issued the citation. • Whether there are' constitutional issues surrounding these cameras. Answer: There are two categories ofcases: those that precede the legislation that was adopted by the Florida legislature last year those cases are challenging the cities' ability to adopt a home rule ordinance and those cases that are challenging provisions of the state law that authorize the red light cameras to be installed at intersections. There are some cases which have been decided (pre statute being adopted) and other cases challenging the statute'are ongoing. There are still a plethora of cities that are using the, new statute as authorization to adopt ordinances and implement the program. Some cities have been using this program since its infancy, have adopted Home Rule ordinances and have continued with the program under the new statute. The City would be under the new legislation adopted last year that enables this program. Under new legislation, the State receives a substantial cut of all tickets; ATS is paid a portion; the City retains a portion of each ticket as well. However, there are potential legal issues like everything else. • For cameras being placed on A1A, does City need to have an agreement with the County? ATS: Would be worked out with Sheriffs Department. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 6 of 7 Comments from Audience: • Mr. Scott: felt the system saves lives, works and makes money for City. He noted past work by motor units to reduce red light running. He advocated for public education and the system should not be all about raising money. • Ms. Judith Lowe objects to red light cameras. She noted that the agenda packet exempts leased vehicles from being ticketed and it was stated most of the violators were either out of state vehicles or rental cars. She questioned what percentage of out of state motorists actually pay their citations and how many of the citations issued are actually collected. She felt.. the driver of the vehicle should have to be recorded as well as allowing the individual cited to have the right to confront and cross examine those accusing them of a violation. Ms. Lowe felt the City will lose revenue from the rental cars and commercial vehicles and the burden of the payment is going to be on the City. ,. She is all for safety, but she is not for allowing somebody who she doesn't know to make a determination of whether or not her stop was sufficient and,,' nd she proceeded prudently after coming to a stop. Mr. Greene noted rental cars do receive citations and are pursued under the program: Mr. Bushami indicated ATS has 85% of violations paid and this figure includes out of state citations. Mr. Greene: stated it is not the person driving who is identified, it, is the vehicle; and the rental car company will be able to identify to,whom the car. was rented. • Mr. Al Vicidomini: Thought there was something in the new legislation that FDOT has to review the City's accident` -records to authorize the installation of red light cameras. He encouraged the City to look at percentage of moneys received. Discussion returned to the actions of the legislature. Consensus was reached for Staff to gather additional information and obtain answers to questions raised by audience this evening; Commander Moros to refine data to reflect the actual number of red light crashes and bring all information back to the City Council. REPORTS: 12. Council Council Member Walsh asked if the City could paint on the path a lane for bikes. City Manager Greene indicated there are pros and cons to painting on the path, which include increased costs and maintenance. He also reminded the Council that bicycles are also vehicles and, therefore, can also be on the roadway. Mr. Greene felt the simplest and best; solution is for people to use common sense. Mr. Vicidomini requested signs telling people not to run in the street. Discussion ensued and included the state law which requires individuals to use the sidewalks where they are present; whether to ticket individuals who are not using the sidewalks and that parking on the driveway where it blocks the sidewalk continues to be an issue. Council Member Morgan asked what happened to the program for bikes. Mr. Greene responded it is on the "to do list". Council Member Walsh noted the need for bike racks. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2011 Page 7 of 7 ADJOURNMENT: There being no further business, the Meeting adjourned at 8:58 P.M. Angela M. Apperson, MMC, City Cleric City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06121/2011 Item No. .3 Subject: Designate one (1) City Official to be the Voting Delegate at the 85th Annual Florida League of Cities Conference scheduled for August 11-13, 2011 — World Center Marriott, Orlando. Department: Administration Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Growing from a small number of cities and towns, it now represents more than 400 cities, towns and villages. The League is governed by a Board of Directors composed of elected municipal officials. The FLC's 85th Annual Conference is scheduled for August 11-13, 2011 at the World Center Marriott in Orlando. League By -Laws require that each member municipality sending delegates to the Annual Conference of the FLC, designate one (1) of their officials to cast its votes at the Annual Business Session. Additionally, the FLC adopts resolutions each year to take positions on commemorative, constitutional or Federal issues. If City Council wishes to propose a resolution, it must be received by the League no later than July 6, 2011. Mayor Randels will be attending the Conference this year and, as such, may act as the Voting Delegate in the event no other Council Members are attending or desire to be the Voting Delegate. Staff requests Council designate one (1) City Official to be the Voting Delegate at the Conference and decide if it wishes to propose resolutionls for the League's consideration. Submitting Department Director: Angela Ap erson OA Date: 06-09-2011 Attachments): Letter, Designation of Voting Delegate form and Procedures for Submitting Resolutions Financial Impact: None. VVI Reviewed by City Treasurer: Andrea Bowers N Date: 13 tl The City Manager recommends that City Council t e the following action(s): Designate one (1) City Official to be the Voting Delegate at the 85th Annual Florida League of Cities Conference scheduled for August 11-13, 2011 — World Center Marriott, Orlando and decide if it wishes to propose resolutionls for the League's consideration. Approved by City Manager: David L. Greene 0 71, - Date: 6 !3 1 r City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 301 South Branough Street - Suite 300 - P.O. Box 1757 - Tallahassee, Fl. 32302-1751 - (850) 222-9689 - Fax (850) 222-3806 - www.flcifies.com TO: Municipal � Key Official FROM: Michae�i�f#,fg, Executive Director DATE: May 16, 2011 SUBJECT. 85th Annual FLC Conference — Cities Work VOTING DELEGATE AND RESOLUTION INFORMATION August 11-13, 2011— World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August I 1-13. This year we are celebrating Cities Work which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2010, which are the same as the 2010 Census. Registration materials will be sent to each municipality the week of June 1 st. Materials will also be posted on-line. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701-3602 or (800) 616-1513, extension 3602. Proposed resolutions must be received by the League no later than July 6, 2011. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701- 3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 1, 2011. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President Joy Cooper, Mayor, Hallandale Beach First Vice President Patricia J. Bates, Mayor, Altamonte Springs - Second Vice President Manny Maroiio, Mayor, Sweetwater Executive Director Michael Sittig - General Counsel Harry Morrison, Jr. 85th Annual Conference Florida League of Cities, Inc. August 11-13, 2011 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolutionto designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 85th Annual Conference World Center Marriott Orlando, Florida August 11-13, 2011 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July b, 2011, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates May 27, 2011 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 15 Appointment of Resolutions Committee Members July 6 Deadline for Submitting Resolutions to the League office August 11 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration {also available Aug. 12th} August 13 hnmediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0612112011 Item No. Subject: Approve renovation to the marquee at City Hall to install an electronic message center; appropriate General Government Capital Expansion Funds in the amount of $19,915 for same. Department: Administration Summary: The sign/marquee at City Hall serves as a means to communicate with residents and visitors. To display a message, an employee must sort the letters needed for the proposed message and physically place the letters on the sign/marquee. This is a simple process; however, it is not efficient and does not allow for timely messages to be displayed. The Public Works Department obtained quotes from several vendors for full replacement of the sign and for renovation of the existing sign. The cost for full replacement exceeds $32,000. Renovation of the existing sign is a much more cost effective solution at $19,915. The existing face will be reproduced in an almost identical fashion, except the area where the letters are currently placed will be replaced with the message center. This renovation will be more efficient as the device is programmable from indoors; can have several messages pre -programed and the message would change in a more timely fashion. The Program is proposed to be installed on the City server, which will make it accessible to all departments on the network. The cost for computer work to install the software and connect the users is quoted not to exceed $200. Staff asks City Council approval of the renovation of the existing sign and use of General Government Capital Expansion Funds in the amount of $19,915. Submitting Department Director: Angela Apperso X__Date: 40/& Attachment(s): Proposal from Sign Access Incorpora ed Financial Impact: There is sufficient funding available in the General Government Capital Expansion Fund ($277,065) to make this impr nt. CG�Reviewed by City Treasurer: Andrea Bowers Date: 61gh( The City Manager recommends that City Cou a the following action(s): Approve renovation to the marquee at City Hall to install an electronic message center; appropriate General Government Capital Expansion Funds in the amount of $19,915 for same. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WE HEREBY SUBMIT OUR QUOTE FOR THE FOLLOWING SCOPE OF WORK: RETROFIT ELECTRONIC MESSAGE CENTERS EMCs Supply all labor, materials and equipment necessary to install two (2) 32"x 10' replacement faces and two (2) red EMCs onto existing monument sign on location per SignAccess sketch (TBD). ption 1: "WatchFire" 19mm EMCs with a 24"x 7' viewing area capable of displaying 4 lines of 5" inch text, Price: $19,714.92 Option 2: :) 1.Optec" 20mm EMCs with a 25"x 74" viewing area capable of displaying 4 lines of 5.5" text, Price: $15,111.39 TERMS: A deposit of 50% is due upon acceptance; 30% Is due upon LED shipping; balance is due upon installation. Any payments not received In a timely manner by SlgnAccess, Inc. shall bear Interest from the due date at the rate of 18% per annum, with a $50 late fee assessed per month for past -due accounts until paid in full. Ail signage to remain property of SignAccess, Inc. until paid in full. Customers failure to submit prompt inial payment fdlawing installation as per plan shall constitute default The ClientGuyer agrees to pay all cost In the event of default of payment by the CllentlBuyer, induding reasonable attorney's fees. The Cliant/auyer hereby grants SignAccess, Inc. the right of entry into and on the property of the ClientlBuyer for the purpose of retaking possession of the signage In the event of default, regardless of partial payment received for signage. In addition to sketch specifications, PRICE INCLUDES: All tax that may be applicable by law. Survey for exact dimensions included at no charge. Permit procurement. Replacement pan -formed acrylic fabs with high-performance vinyl decoration; logo to be digitally printed with an over - laminate for U.V. protection. One (1) pair of aluminum T -bar face dividers; vented aluminum filler panels to provide adequate ventilation. EMCs to utilize wireless radio communication; radios provided and installed: and up to 75' of communications cable provided for installation inside building (installed by customer). Temperature sensor provided and installed. One (1) graphics software license; on-line/phone-based operator technical training. EMCs to be manufactured and installed to U.L. specifications and to bear the U.L. labels. Connect to existing electrical Circuit if adequate. Installed on existing monument sign with proper electrical grounding. Remove existing faces and discard. PRICE DOES NOT INCLUDE: Permit to be billed as extra at actual cost. If adequate primary electric circuits do not exist to sign location at the time of installation, additional circuits and final hook- up to sign to be provided by customers electrician. (Balance of payment will still be due at installation.) Installation of communications cable to link from the location of the operator's computer to and through an exterior wall adjacent to the sign. (SignAccess will perform this installation if straightforward and convenient.) NOTES: SlgnAccess, Inc. will complete work as per plan. Customer shall be assessed a wasted trip charge if the jobsito is not ready upon the crew's arrival, Unforeseeable obstructions in footers (i.e. coquina rock) or fascias (i.e. steel beams) are additional. If conditions at rile result In additional Vme required for Installation or removals It will be billed as extra. Al additions, changes, andlor errors that require additional time, laboror materials will be charged at SignAccess standard pricing. SignAccess, Inc. reserves the right to apply minor final adjustments and revisions to any sign's design that Is deemed in our sole discretion as beneficial to the sign's operatton andlor overall appearance. PRODUCT GUARANTEE: Our standard warranty Is as follows: One (1) year for materials. finishes, general workmanship, Including pans and labor. One (1) year for ballasts and transformers; includes parts only, labor to be bllled as extra. Ninety (go) days for neon and LEDs, including parts and labor. Thirty (30) days forfluorescent lamps, including parts and labor. Warranties for specialty products such as Electronic LED displays are Issued separately. we apprectare the opportunity you have extended us to quote this Work and would like to thank you Tor your consideration. Authorized SignAccess, Inc. Signature: ' Account Services Manager ACCEPTANCE OF PROPOSAL: The above price(s), specifications and conditions are satisfactory and hereby accepted. I authorize SignAccess, Inc. to perform the work as specified. 1 agree to make payments as outlined above. Please note: This price is valid for thirty (30) days. Date of Acceptance Authorized Customer Signature Title Submitted to: Submittal Date: City of Cape Canaveral 411111 105 Polk Avenue Cape Canaveral. FL 32920 Contact; Kay McKee 15A Invoice to: Sketch # Same TBD Job Name: Design Date: '` -,` � � t - ' City of Cape Canaveral Revision Dale: w R P 0 R A T E at Job Location; 105 Polk Avenue Designer: � ► � s � � ® City Hail Cit Cape Canaveral. FL 32920 WE HEREBY SUBMIT OUR QUOTE FOR THE FOLLOWING SCOPE OF WORK: RETROFIT ELECTRONIC MESSAGE CENTERS EMCs Supply all labor, materials and equipment necessary to install two (2) 32"x 10' replacement faces and two (2) red EMCs onto existing monument sign on location per SignAccess sketch (TBD). ption 1: "WatchFire" 19mm EMCs with a 24"x 7' viewing area capable of displaying 4 lines of 5" inch text, Price: $19,714.92 Option 2: :) 1.Optec" 20mm EMCs with a 25"x 74" viewing area capable of displaying 4 lines of 5.5" text, Price: $15,111.39 TERMS: A deposit of 50% is due upon acceptance; 30% Is due upon LED shipping; balance is due upon installation. Any payments not received In a timely manner by SlgnAccess, Inc. shall bear Interest from the due date at the rate of 18% per annum, with a $50 late fee assessed per month for past -due accounts until paid in full. Ail signage to remain property of SignAccess, Inc. until paid in full. Customers failure to submit prompt inial payment fdlawing installation as per plan shall constitute default The ClientGuyer agrees to pay all cost In the event of default of payment by the CllentlBuyer, induding reasonable attorney's fees. The Cliant/auyer hereby grants SignAccess, Inc. the right of entry into and on the property of the ClientlBuyer for the purpose of retaking possession of the signage In the event of default, regardless of partial payment received for signage. In addition to sketch specifications, PRICE INCLUDES: All tax that may be applicable by law. Survey for exact dimensions included at no charge. Permit procurement. Replacement pan -formed acrylic fabs with high-performance vinyl decoration; logo to be digitally printed with an over - laminate for U.V. protection. One (1) pair of aluminum T -bar face dividers; vented aluminum filler panels to provide adequate ventilation. EMCs to utilize wireless radio communication; radios provided and installed: and up to 75' of communications cable provided for installation inside building (installed by customer). Temperature sensor provided and installed. One (1) graphics software license; on-line/phone-based operator technical training. EMCs to be manufactured and installed to U.L. specifications and to bear the U.L. labels. Connect to existing electrical Circuit if adequate. Installed on existing monument sign with proper electrical grounding. Remove existing faces and discard. PRICE DOES NOT INCLUDE: Permit to be billed as extra at actual cost. If adequate primary electric circuits do not exist to sign location at the time of installation, additional circuits and final hook- up to sign to be provided by customers electrician. (Balance of payment will still be due at installation.) Installation of communications cable to link from the location of the operator's computer to and through an exterior wall adjacent to the sign. (SignAccess will perform this installation if straightforward and convenient.) NOTES: SlgnAccess, Inc. will complete work as per plan. Customer shall be assessed a wasted trip charge if the jobsito is not ready upon the crew's arrival, Unforeseeable obstructions in footers (i.e. coquina rock) or fascias (i.e. steel beams) are additional. If conditions at rile result In additional Vme required for Installation or removals It will be billed as extra. Al additions, changes, andlor errors that require additional time, laboror materials will be charged at SignAccess standard pricing. SignAccess, Inc. reserves the right to apply minor final adjustments and revisions to any sign's design that Is deemed in our sole discretion as beneficial to the sign's operatton andlor overall appearance. PRODUCT GUARANTEE: Our standard warranty Is as follows: One (1) year for materials. finishes, general workmanship, Including pans and labor. One (1) year for ballasts and transformers; includes parts only, labor to be bllled as extra. Ninety (go) days for neon and LEDs, including parts and labor. Thirty (30) days forfluorescent lamps, including parts and labor. Warranties for specialty products such as Electronic LED displays are Issued separately. we apprectare the opportunity you have extended us to quote this Work and would like to thank you Tor your consideration. Authorized SignAccess, Inc. Signature: ' Account Services Manager ACCEPTANCE OF PROPOSAL: The above price(s), specifications and conditions are satisfactory and hereby accepted. I authorize SignAccess, Inc. to perform the work as specified. 1 agree to make payments as outlined above. Please note: This price is valid for thirty (30) days. Date of Acceptance Authorized Customer Signature Title City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/21/2011 Item No. Subject: Approve - Binding Developer's Agreement between the City of Cape Canaveral and Puerto del Rio, LLC, Inc. (Danny Ringdahl) for the Assisted Living Facility (ALF) located at 700 West Central Boulevard. Department: Communitv Development Department Summary: The City of Cape Canaveral and Puerto del Rio, LLC, Inc. (Danny Ringdahl) are partnering in an effort to design, fund, and construct West Central Boulevard roadway and streetscape improvements from Astronaut Boulevard (aka State Highway A1A) to Thurm Boulevard and, as such, are entering into a Binding Developer's Agreement. The Developer's Agreement addresses the nature of improvements and the timing and amount of developer contributions. This is a public/private partnership that will enable the City to upgrade West Central Boulevard and provide streetscape improvements as addressed in the Vision Statement. These improvements will establish a standard for future development along Central Boulevard and elsewhere in the City. Roadway improvements will include the replacement of all curbs and gutters including installation of base under the new curbing; the milling of existing asphalt between two (2) to three (3) inches in depth; resurfacing with a minimum of three (3) inches of asphalt; and re -striping to include bike lanes. Streetscape improvements shall include, but not be limited to: landscaping; lighting; irrigation; street furniture (benches, trash receptacles); pedestrian walkways; crosswalks; bus stops and shelters. The total cost of the improvements is approximately $725,000. The developer will contribute $300,000 over a two-year period. The City will be the lead party responsible for contracting with the necessary professionals for the design, permitting and construction of the roadway and streetscape improvements consistent with applicable law and City policy. The developer also agrees to construct an eight (8) ft. wide pedestrian walkway along the north side of Central Boulevard from the eastern property boundary of the ALF to Thurm Boulevard. This will allow ALF patrons and others to better access Manatee and Banana River Parks. Staff Recommendation: Staff recommends City Council approval of the Binding Developer's Agreement. Submitting Department Director: Barry Brow Date: 06-13-11 Attachment(s): (1) Binding Developer's Agreement. Financial Impact: Impact is not known at this time as the is pursuing various funding sources. Reviewed by City Treasurer: Andrea Bowers Date: JC[11 The City Manager recommends that City Council take t e following action(s): Approve — Binding Developer's Agreement between the City of Cape Canaveral and Puerto del Rio, LLC, Inc. (Danny Ringdahl) for the Assisted Living Facility (ALF) located at 700 West Central Boulevard. Approved by City Manager: David L. Greene LO 7 Date: 6//t/ //) City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Katherine W. Latorre, Esq, Assistant City Attorney of Cape CanaveraI Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 CASA CANAVERAL BINDING DEVELOPER'S AGREEMENT THIS BINDING DEVELOPER'S AGREEMENT ("Agreement") is made by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City"), whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and PUERTO DEL RIO, L.L.C., INC., a Florida limited liability company ("Owner"), whose principal address is 750 North Atlantic Avenue, Suite 1209, Cocoa Beach, Florida 32931. WITNESSETH: WHEREAS, this Agreement is a developer's agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the current fee simple owner of record of certain real property comprising 7.7 acres and generally located on the north side of Central Boulevard in the City of Cape Canaveral and more particularly described herein ("ALF Property"); and WHEREAS, the ALF Property was previously included in a site plan approved by the City for the Puerto Del Rio Condominium development ("Original Site Plan"); and WHEREAS, Owner only partially developed the Puerto Del Rio Condominium pursuant to the Original Site Plan and desires to develop the remaining portion (the ALF Property) as an Assisted Living Facility ("Project"); and WHEREAS, consistent with applicable laws and ordinances, the City Council approved Owner's site plan for the Project on June 21, 2011 ("ALF Site Plan"), subject to, among other conditions, the approval and execution of this Agreement; and WHEREAS, the City and Owner desire to set forth their mutual understanding of the terms and conditions of the City's site plan approval as set forth in this Agreement; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan and Iand development regulations; and DEVELOPER'S AGREEMENT City of Cape CanaveraI I Puerto Del Rio, L.L.C. Page 1 of 8 WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Agreement to effectuate the development of the ALF Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Horne Rule Powers Act. 3.0 The ALF Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. 4.0 Effective Date. This Agreement shall become effective immediately upon the occurrence of all of the following conditions precedent ("Effective Date"): Plan; 4.1 The expiration of any and all appeal periods for any challenge to the Site 4.2 Owner obtaining financing for the Project; 4.3 Approval of the assisted living facility by the State of Florida; and 4.4 The recordation of a fully executed original of this Agreement in the official records of Brevard County, Florida. Should any of the foregoing conditions precedent fail to occur, this Agreement and the ALF Site Plan shall be null and void. 5.0 ALF Site Plan. Owner agrees to develop the ALF Property in accordance with its site plan, approved by the City Council on June 21, 2011 ("ALF Site Plan"), and pursuant to the terms and conditions of this Agreement and all applicable laws. The ALF Site Plan is depicted on the signed and sealed site plans prepared by Morgan and Associates Consulting Engineers, Inc. dated May 20, 2011 and on file at Cape Canaveral City Hall. As a matter of convenience, and at the request of Owner, the ALF Site Plan may be amended from time to time, as approved by the City, without further amendment to this Agreement. Any such amendment to the ALF Site Plan shall automatically be incorporated herein by this reference. 6.0 Status of Original Site Plan for Puerto Del Rio Condominium. The parties understand and agree that upon the Effective Date, the Original Site Plan shall be superseded by the ALF Site Plan only as to the ALF Property. Thus, any development rights granted to Owner pursuant to the Original Site Plan as to the ALF Property shall be null and void. Any DEVELOPER'S AGREEMENT City of Cape Canaveral 1 Puerto Del Rio, L.L.C. Page 2 of 8 development rights granted to Owner under the Original Site Plan not affected by the ALF Site Plan or this Agreement shall remain in full force and effect. 7.0 Central Boulevard Roadway Improvements. Owner and City shall each be responsible for fifty percent (50%) of the costs to design, permit and construct the repair, resurfacing and restriping of Central Boulevard from Thurm Boulevard to Astronaut Boulevard (a/k/a State Highway AIA) ("Roadway Improvement Project"). The Roadway Improvement Project shall include the replacement of all curbs and gutters on both sides of Central Boulevard and on any medians contained therein, and shall include the installation of base under the curb; milling of existing asphalt between two (2) and three (3) inches in depth; resurfacing with a minimum three (3) inches asphalt; and re -striping to include bike lanes in accordance with Florida Department of Transportation ("FDOT") standards. The City shall be the lead party responsible for contracting with the necessary professionals for the design, permitting and construction of the Roadway Improvement Project consistent with applicable law and city policy. Owner's payment shall be pursuant to paragraph 9.0 herein. 8.0 Central Boulevard Streetscape. Owner and City shall each be responsible for fifty percent (50%) of the costs to design, permit and construct a streetscape plan for Central Boulevard from Thurm Boulevard to Astronaut Boulevard (a/k/a State Highway AIA) ("Streetscape Plan"). The Streetscape Plan shall include construction details and specifications sufficient for bidding, as well as a detailed cost estimate for each element of the plan. Further, the Streetscape Plan shall include, but not be limited to, the following elements: landscaping; lighting; irrigation; street furniture (benches, trash receptacles); pedestrian walkways; crosswalks at the intersections of Central Boulevard and State Highway AIA, and at Central Boulevard and Thrum Boulevard; bus stops and shelters; and provisions of sleeves under Central Boulevard for irrigation. The City shall be the lead party responsible for contracting with the necessary professionals for the design, permitting and construction of the Streetscape Plan consistent with applicable law and city policy. Owner's payment shall be pursuant to paragraph 9.0 herein. 9.0 Owner's Financial Obligation. 9.1 Owner's financial contribution for the improvements outlined in paragraphs 7.0 and 8.0 above shall not exceed a total of Three Hundred Thousand and no/1.00 Dollars ($300,000.00). 9.2 Owner shall deposit One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) with the City no later than one (1) year following the City's issuance of the certificate of occupancy for the Project. 9.3 The remaining balance of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) shall be deposited with the City no later than two (2) years following the City's issuance of the certificate of occupancy for the Project. 10.0 Pedestrian Walkway. The developer agrees to construct, at its sole expense, an eight -foot (8') wide concrete pedestrian walkway along the north side of Central Boulevard from Thurm Boulevard to the eastern boundary of the ALF Property. The pedestrian walkway shall be DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 3 of 8 constructed in lieu of a sidewalk within the Central Boulevard right-of-way and shall otherwise be built to City specifications for a sidewalk. The construction of the pedestrian walkway shall be completed prior to the City's issuance of a certificate of occupancy for the Project. 11.0 Notices. Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: To Owner: Puerto Del Rio, L.L.C. Attn: Danny P. Ringdahl 750 N. Atlantic Avenue, Ste. 1209 Cocoa Beach, FL 32931 To City: City of Cape Canaveral Attention: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 Phone (321) 868-1224 Fax Either party may change the notice address by providing the other party written notice of the change. 12.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the ALF Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the ALF Property to the terms and conditions set forth in this Agreement. 13.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owuer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the ALF Property and shall run with title to the same. 14.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. DEVELOPER'S AGREEMENT City of Cape Canaveral I Puerto Del Rio, L.L.C. Page 4 of 8 15.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). 16.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the ALF Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 17.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 18.0 Recordation. No later than 14 days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. 19.0 _Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 20.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 21.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by Iaw. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 22.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 23.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 5 of 8 24.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 25.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 26.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate the ALF Site Plan, or any and all certificates of occupancy for any building or unit, if Owner is in material breach of any term and condition of this Agreement. 27.0 Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 28.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 29.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Owner fails to receive building permits and substantially commence construction of the Project within three (3) years of the effective date of this Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement if Owner permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 27.0 DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 6 of 8 herein. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Brevard County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. CITY: City of Cape Canaveral, a Florida municipal corporation. LE Rocky Randels, Mayor Date: ATTEST: Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only. CITY SEAL Anthony A. Garganese, City Attorney for the City of Cape Canaveral, Florida STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2011, by Rocky Randels and Angela Apperson, well known to me to be the Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER'S AGREEMENT City of Cape Canaveral 1 Puerto Del Rio, L.L.C. Page 7 of 8 Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF OWNER: Puerto Del Rio, L.L.C., a Florida limited liability company. By: D Paul LLC, its managing member. Danny P. Ringdahl, Manager Date: The foregoing instrument was acknowledged before me this day of , 2011, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of Puerto Del Rio, L.L.C., a Florida limited liability company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 8 of 8 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/21/2011 Item No. (o Subject: Approve - Site Pian Set dated June 14, 2011 for the construction of an Assisted Living Facility at 700 West Central Boulevard. Department. Community Development Department Summary: Danny Ringdahl is proposing to construct a 288 bed Assisted Living Facility on an undeveloped portion of the Puerto del Rio Property addressed as 700 West Central Boulevard. The property has R-3 Medium Density Residential District Land Use and Zoning designations, which allow for an Assisted Living Facility by Special Exception. A Special Exception for the Assisted Living Facility was granted by the Board of Adjustment on April 28, 2011. The Site Plan Set for the ALF has been rigorously reviewed by Staff and the Planning and Zoning Board. The P&Z Board recommended approval with conditions on May 25, 2011. The attached Site Plan Set dated June 14, 2011 includes revisions in accordance with the recommendations by the Planning and Zoning Board. Planning and Zoning Board Recommendation: The Board heard the request on May 25, 2011 and recommended approval to the City Council. Staff Recommendation: Staff recommends approval of the ALF Site Plan Set dated June 14, 2011. Submitting Department Director: Barry Brown Date: 06-13-11 Attachment(s): (1) Planning and Zoning Board recommendation; (2) Site Plan Set dated June 14, 2011. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Councif take the following action(s): Approve — Site Plan Set dated June 14, 2011 for the construction of an Assisted Living Facility at 700 West Central Boulevard. Approved by City Manager: David L. Greene D—V� Date: V/Z// City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral Community Development Department CRY OF CAPE CANAVERAL Date: May 26, 2011 To: Barry Brown, Planning & Development Director From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Re: Site Plan for. Casa Canaveral Assisted Living Facility — (700 W. Central Blvd.) At the Planning and Zoning Board meetings held on May 4th & May 26th the Board considered recommendation of the above'referenced site plan. Following the Board's review and discussions regarding the Casa Canaveral Assisted Living Facility Site Plan, by a 4 to 1 majority vote, the Board recommended that the City Council approve the Site Plan with the following conditions: 1. Subject to the adoption of Ordinance No. 04-2011. If the City Council does not adopt the Ordinance, the Site Plan will need to be modified to be compliant with the existing code provision, which does not allow for parking areas within setbacks. 2. Removal of the sidewalk, along the West side of the parking lot, adjacent to the retention pond; and modify the parking spaces to 200 sq. ft. to meet the City code. 3. No modification to the existing median located on W. Central Blvd. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwnv cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City Council Meeting Date: 06/21/2011 Item No. 6 Attachment (2) Site Plan Set dated June 14, 2011 Available for inspection at; City Clerk's Office located at 105 Polk Avenue; and Community Development Department located at 7510 N. Atlantic Avenue City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/21/2011 Item No. 7 Subject: Sewer Impact Fee Payment Plan -- Izzy's Bistro Department: Community Development Department Summary: The owner of Izzy's Bistro submitted a request that City Council approve a sewer impact fee payment plan. City Staff did not oppose this proposal when the Board of Adjustment approved Izzy's Special Exception for alcohol consumption on -premises on April 1, 2010. Staff subsequently became aware of the prohibition specified in City Code Section 78-128. The City Council could: 1. Require full payment in accordance with current City Code. 2. Grant a one-time exception for Izzy's Bistro and allow a sewer impact fee payment plan, with interest, with a default provision that would jeopardize the approval status of the granted Special Exception for alcohol. 3. Revise City Code Section 78-125 giving Staff the authority to accept payment plans. Submitting Department Head: Todd Morley Date: 616111 Attachments: Staff memo dated 619111. Letter from Brigitte Krause, Owner of Izzy's Bistro. City Code Section 78, Division 3, Impact Fees. Financial Impact: This will defer revenue, but with interest received the impact would be negligible. By making payment options available, the City may encourage development/redevelopment from existing or new businesses. Reviewed by City Treasurer: Andrea Bower 90 Date: 14 } ( l The City Manager recommends that City Council take the following action(s): Grant a one-time exception for Izzy's Bistro and allow a sewer impact fee payment plan, with interest, with a default provision that would jeopardize the approval status of the granted Special Exception for alcohol. Approved by City Manager: David L. Greene Date: 6Agr/fit City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL Via: DQAVID L. GREENE, CITY MANAGER From: TODD MORLEY, BUILDING OFFICLY Date: 6/13/2011 Re: SEWER IMPACT FEE PAYMENT PLAN — IZZY'S BISTRO, 6615 N. ATLANTIC AVENUE In order to comply with City Code requirements to obtain a full-service liquor license, Izzy's Bistro increased its seating from 75 seats to 150 seats and its parking from 25 spaces to 50 spaces. At the April 1, 2010 Board of Adjustment meeting, the Board approved Izzy's Special Exception for alcohol consumption on -premises. This Zoning Approval enabled Izzy's Bistro to obtain a 4COP Alcohol Service Establishment License from the State of Florida. The Board noted that a sewer impact fee would need to be paid ($292.23 per seat for a total of $21,917.25), at which time the Board was informed that Izzy's Bistro intended to submit a payment plan to City Council. City Staff did not oppose the proposal; subsequently, the State License was approved. On February 24, 2011 Izzy's Bistro submitted a request for City Council to consider approval of a Sewer Impact Fee Payment Plan. Staff subsequently became aware that Code Section 78-125 requires full payment of sewer impact fees prior to official approval of the State Alcohol License application. The Code reads: "Full payment required prior to issuance of certificate or license. No certificate of occupancy or city license shall be issued until the impact fee as set forth in this division has been paid in full." Thus, Staff erred in approving the State Alcohol License application without full payment of the impact fees. City Council may consider the following options: 1. Require full payment in accordance with current City Code. 2. Grant a one-time exception for Izzy's Bistro and allow a sewer impact fee payment plan, with interest, with a default provision that would jeopardize the approval status of the granted Special Exception for alcohol. 3. Revise Code Section 78-125 giving Staff the authority to accept payment plans. Points to consider: A. The code amendment could temporarily suspend the requirement for full payment of sewer impact fees and authorize administrative approval of "Payment Plan Agreements" with interest. B. The Ordinance could be tied to the Visioning, referencing the difficult economic times we are in and only apply to existing businesses. The Ordinance could be renewable on an annual basis. C. In the past, the City was able to approve Impact Fee Payment Plans. D. The Code was changed in 1996 to remove the section entitled: "Collection Over Certain Time", which related to accepting impact fee payment plans. (Ord. 23-96) E. Staff has been unable to locate any approved payment plans after the date of this ordinance. F. On December 16, 2008, the owner of a different local restaurant requested that City Council approve an impact Fee Payment Plan. Discussion focused on approval based upon "hardship". At the time, the City Manager requested a Draft Agreement be drawn up. However, the restaurant subsequently relocated outside the City and no action was taken. G. The City Attorney advises that: o Such agreements should "run with the land" and only be considered on a case- by-case basis under certain circumstances. o The owner of the real property would need to be party to the agreement, not a tenant. o The agreement would set forth the amount due and the payment terms (amounts, due dates, etc). o Any default of repayment would subject the property to discontinued sewer service and would accelerate the payment to be immediately due and owing. a In the event of default, the City would reserve the right to file a lien against the real property for any amounts due and owing. H. The Party making this request (Izzy's Bistro) requests that the agreement "run with the tenant" and not encumber the land, with a default in terms jeopardizing only the Special Exception. The property owner who leases the property to Izzy's has verified to me that he is not interested in burdening the property. The City Attorney advises that under these terms, the City would not have the same "teeth" that an agreement with the land owner, recorded against the Iand, would have. I. The City Attorney advises that, with regard to Izzy's specifically, Izzy's already has its Special Exception and thus, barring any expansion of the alcohol service, the City will likely be unable to go back and add terms and conditions to the already approved Special Exception Use via an agreement. Further, because the Board of Adjustment granted the Special Exception and the City Council would need to approve an impact fee payment agreement -- there is a separation of duties. In recognition of the error made, Staff requests that City Council grant a one-time exception (Option 2, above) for Izzy's Bistro and allow a sewer impact fee payment plan, with interest, with a default provision that would jeopardize the approval status of the granted Special Exception for alcohol. From: Brigitte Krause, Owner IZZY'S BISTRO 6615 N. Atlantic Ave. Cape Canaveral, F132920 321-783-4548 To: Anthony Garganese, City Attorney and The City of Cape Canaveral City Council Members c/o Todd Morley, Building Oficial 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, Fl. 32920 Re. Sewer Impact Fees for Izzy's Bistro February 24, 2011 Dear Mr. Morley, I'm grateful for the City's willingness to work with me and help me to obtain my Liquor License for IZZY'S BISTRO. According to the City code, a sewer impact fee payment is required at the time a restaurant expands its seating. I have been informed that the calculation is $ 292.23 per seat. I acknowledge that I am responsible for paying seats 76 through 150 (75 seats). This calculates to $ 21,917.25. As you may be aware, this expenditure represents an economic hardship for me, especially after it took 2 years for me to obtain the signature from the City of Cape Canaveral for the Application. I'm formally requesting that the City Council consider granting me a six-year payment plan. With payments stipulated as follows: April 1, 2011 $ 2191.72 (10% ) April 1, 2012 $ 3945.11 (18% ) April I, 2013 $ 3945.11 ( 18% ) April 1, 2014 $ 3945.11 (18% ) April 1, 2015 $ 3945.11 (18% ) April 1. 2016 $ 3945.11 (18% ) Total $ 21,917.25 (100%) Thank you for your consideration, Sincerely Yours, 2 - V/V a -U j -e Brigitte Krause DIVISION 3. IMPACT FEES Sec. 78-121. - Established. There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the city. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the city sewer system. The assessment schedule shall be as set forth in appendix B to this Code. See. 78-122. - Payment. The assessments as set forth in this division shall be paid by certified funds at the time of issuance of a certificate of occupancy for such new construction, except as provided in section 78-123. Except as provided in section 78-34, a building permit shall not be issued unless a sewer permit has been first obtained. The amount of the assessment shall be determined in accordance with the rates established in section 78-121 in effect at the time a sewer permit is issued by the city. A sewer permit shall not be issued until a city sewer main line is placed within 150 feet of the applicant's property. If the assessment is not paid by the 30th day following that for which a billing has been rendered, then an amount equal to five percent of such assessment due shall be added thereto as a late charge. Upon failure of any user to pay for the assessment within 60 days from being billed, the city shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the city on account of the services shall have been paid in full. If such sewer service is shut off pursuant to this section, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount as set forth in Appendix B to this Code in addition to any other assessments and charges due. In addition [to], and as an alternative means of, collecting such assessment, last charges and penalties, the city shall have a lien on such lot or parcel of land for which the sewer connection has been made, for which such lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the city in the same manner provided by the laws of the state for the foreclosure of mortgages upon real estate. Sec. 78-123. - Excessive quantity of wastewater. For those establishments which the city determines generate more than 10,000 gallons per day of wastewater into the system, the city shall calculate the impact fee based on the quantity of discharge actually introduced into the sewer collection system. At the city's option, a flow meter to monitor the quantity of discharge shall be installed at the user's expense. The following method shall be used to determine the impact fee: (1) An impact fee deposit of $12,700.00 shall be paid by the user; (2) The total volume of effluent in gallons shall be recorded for the initial period of six consecutive months following installation of the aforesaid sewer line; (3) The six months' total volume shall be divided by the number of days in the six-month period to compute a daily average discharge through the sewer line; (4) The daily average discharge in gallons shall be divided by 400 to establish the number of units to be assessed at the costs of $2,032.00 per unit (example: if the average daily discharge is 800 gallons, the sewer impact assessment shall be $4,064.00); (5) If the sewer impact assessment for the first six months as calculated above exceeds the $12,700.00 initial deposit made, the user shall pay the difference within 15 days after written notification to user of the required adjustment. However, if the assessment as calculated above does not exceed the initial deposit, the city agrees to reimburse the difference to the user no later than 30 days after the first six- month monitoring period; (6) For each succeeding six-month period the volume of effluent outflow shall be measured. To the extent that average daily effluent outflow in any subsequent six-month period exceeds that of the initial six-month period, an additional impact fee for the excess shall be levied as calculated and as provided for in subsections (3) and (4) of this section. Any additional fee so calculated shall be paid to the city within 15 days of written notification to user; (7) For the initial six-month period only, if the average daily effluent outflow is less than initially projected, the city shall refund the unused portion of the impact fee as set forth above. For subsequent six- month monitoring periods, there shall be no refunds of impact fees, regardless of effluent outflow volumes. Sec. 78-124. - Reserved. Editor's note— Ordinance No. 23-96, § 1, adopted December 3, 1996, deleted § 78-124 in its entirety. Formerly, such section pertained to collection over certain time; promissory note and derived from § 535.02(B) of the 1981 Code; Ord. No. 31-93, § 1, 9-21-93. Sec. 78-125. - Full payment required prior to issuance of certificate or license. No certificate of occupancy or city license shall be issued until the impact fee as set forth in this division has been paid in fall. Sec. 78-126. - Reserved. Editor's note— Ordinance No. 23-96, § 2, adopted December 3, 1996, deleted § 78-126 in its entirety. Formerly, such section pertained to issuance of certificate of occupancy upon full payment and derived from § 535.02(B) of the 1981 Code. Sec. 78-127. - Use of funds. All fiends generated by sewer connection impact fees shall be used for projects related to sewer plant expansion and sewer plant collection and transmission line expansion and shall not be used as operating revenue for the sewer plant. These funds shall be kept in accounts which are segregated from the general sewer plant fund. Sec. 78-128. - Change of use. Any structure or use of structure which is modified such that the sewer impact assessment is greater than the amount for which the initial impact fee was computed, the owner shall be assessed additional impact fees in accordance with section 78-121. For any change of use which increases the original impact fee for which the building was constructed, the owner will be assessed additional impact fees in accordance with section 78-121. For any change of similar use which increases the number of units (per seat, per worker, per square feet of floor space, etc.) within the establishment, the owner will be assessed impact fees only on the additional number of units proposed to be constructed, in accordance with section 78-121. f. Food service operations: 1. Restaurant, per 292.23 seat ..... 2. 24-hour 438.35 restaurant, per seat ..... 3. Bar and cocktail 174.87 lounge, per seat ..... 4. Drive-in 292.23 restaurant, per car space ..... City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/21/2011 Item No. 9 Subject: Discuss Red Light Cameras and a survey conducted by ATS (American Traffic Solutions). Department: Public Works Summary: The issue of installing red light cameras has been discussed at the City Council Meetings of 04/19/11 and 5117/11. These cameras record electronic images of vehicles that run a red light. After the images/photos are reviewed by trained personnel, if warranted, a citation is mailed to the registered owner of the vehicle. The implementation of this program is a step toward discouraging driving behaviors that can contribute to vehicle crashes or other types of incidents; such as, vehicle versus bicyclist/pedestrian(s) within the City. This would make our community a safer place in which to live, work and visit. ATS American Traffic Solutions conducted a Site Selection Analysis Survey of all the traffic signals within the City limits. A number of the intersections have violation numbers at a level that suggests consideration of a photo enforcement program for safety factors. On average, sites with 8 violations a day or more (over 240 per month) should be considered for camera intervention. If Council wishes, Staff can proceed with Cooperative Purchasing with a City that awarded American Traffic Solutions a Contract. Discussion questions presented by City investigated and reported on at the 06/21/11 the responses are as follows: Council and City Residents were to be City Council Meeting. These question with 1) What is the overall collection rate? RESPONSE: Rates vary across the state from 60% - 95%. Based upon the success of Cocoa Beach, it is anticipated that the City of Cape Canaveral collection rate would be approximately 70.5%, with possible increase after Public Awareness campaign. 2) What is the collection rate for out of state vehicles? RESPONSE: This rate is also variable, between 52.3% - 75%. The average municipality collection rate is 65.5% - 85% (includes out of state and rental car collection). 3) What are the final changes in the law after this year's legislative session? RESPONSE: Effective July 1, 2011, the only ancillary adjustment made which does not affect most programs is the clerk's office will not be allowed to take a 10% processing fee for RLC fines. 4) We look forward to your responses and would also like a breakdown of total fees and to whom they are paid for the projected citation numbers. RESPONSE: The total fine is $158 which is divided with $83 going to the Department of Revenue's General Revenue Fund, the Department of Health Administrative Trust Fund and the Brain & Spinal Cord Injury Trust Fund. The remaining $75 goes to the local government administering the program. 5) What is the collection percentage for rental cars? RESPONSE: See response to question #2 above. Submitting Department Director: Walter Bandish Date: 0619111 City Council Meeting Date: 06/21/2011 Item No. C— Continued Attachment(s) #1 Cape Canaveral, Florida, Site Selection Analysis Survey #2 Cameras at Red Lights – a summary of 2010 Legislation (CS/CS/HB 325) #3 Current Florida Statues: 316.0776; 316.0745; and 316.07456 Financial Impact: This program is a safety measure and not intended to be a revenue generator. Additional staff may be required to review the video to determine if enforcement is warranted. Ticket collection would be dependent upon any agreement with the camera provider and future state actions. - Reviewed by Ci!y Treasurer: Andrea Bowers Date: The City Manager recommends that City Council tak t e following actions): City Council discuss the program and provide direction. Approved by City Manager: David L. Greene O Zei., Date: a C t City Council Action: [ ] Approved as Recommended [ ] Disap roved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Cape Canaveral,, Florida Site Selection Analysis Survey Cape Canaveral, Florida Site Selection Analysis Survey Evaluating the numbers of red light running occurrences at City selected intersections... May 2, 2011 Proprietary and Confidential Iufonnatiou American Traffic Solutions" Al Buscemi, Bus. Dev. Mgr. American Traffic Solutions 7681 E. Gray Road Scottsdale, Arizona 85260 (954) 892-0439 al.buscerni a atsol.com www.atsol.com www.redligjitcamera.com The information contained in this document is Confidential Information of American Traffic Solutions, Inc., and City requesting the evaluation. ATS - Automated Intersection Safety Program Methodology The following is a summary of our findings during the recent intersection monitoring and violation assessment analysis provided by ATS for the City of Cape Canaveral. This service provides the City numerical documentation to assess and quantify the red light running and public safety problem at the monitored intersection(s). A number of the intersection approaches highlighted below have violation numbers at a level that suggests consideration of a photo enforcement program for safety factors. On average, sites with 8 violations a day or more — over 240 per month - should be highly considered for camera intervention. ©Irectian Street r' Cross Streets' ;` Lefts hru Rights OTgt S'SNJ auto a' �Yoved , P - -Pi- SB Florida A1A W Central Blvd 6 6 4 16 Yes NB Florida A1A W Central Blvd 6 ] 6 ill 7 19 1 Yes .1 NB Florida Al North Atlantic Ave 1 Monroe Ave 0 9 17 26 Yes SB Florida Al A Center St 1 Buchanan Ave 5 i 9 6 20 Yes NB ' Florida A1A Center St 1 Buchanan Ave 6 11 7 24 Yes Any questions regarding the data or process, please give me a call. I will be following up to schedule an on-site visit in the next few days to review the findings and to discuss next steps. Sincerely, Al Al Buscemi I Business Development Manager American Traffic Solutions, Inc. (954) 392-0439 al.buseemi@atsol.com I www.atsol.com Cape Canaveral, FI_ Projected Revenue Without Rights Penalties Collected by Municipality $75 # of Intersection Safety Camera Approaches 5 Notice of Violations per day per approach 13 % of Notice of Violations Issued (after review) 90% Pay Rate 70% Monthly Yearl Notice of Violations per Approach 390 4,680 Total Notice of Violations 1,950 23,400 Total Notice of Violations Issued 1,755 21,060 Total Paid Notice of Violations 1,229 14,742 Gross Revenue to Municipality $92,138 $1,105,650 Option 1- Flat Fee per Month per Approach $4,750 Monthly Fee per Approach $5 Processing Surcharge - Certified Mail (10% of UTC's Issued) Total Monthly Penalties Collected $23,750 $285,000 Total Processing Surcharge $878 $10,530 Gross Revenue to Municipality $92,138 $1,105,650 Total Fee to Vendor $24,628 $295,530 Net Revenue to Municipality $67,510 $810,120 Cape Canaveral, FL Projected Revenue With Right Hand Turn Violations Penalties Collected by Municipality $75 # of Intersection Safety Camera Approaches 5 Notice of Violations per day per approach 20 % of Notice of Violations Issued (after review) 90% Pay Rate 70% Monthly Yearly Notice of Violations per Approach 600 7,200 Total Notice of Violations 3,000 36,000 Total Notice of Violations Issued 2,700 32,400 Total Paid Notice of Violations 1,890 22,680 Gross Revenue to Municipality $141,750 $1,701,000 Option 1- Flat Fee per Month per Approach $4,750 Monthly Fee per Approach $5 Processing Surcharge - Certified Mail (10% of OTC's Issued) Total Monthly Penalties Collected $23,750 $285,000 Total Processing Surcharge $1,350 $16,200 Gross Revenue to Municipality $141,750 $1,701,000 Total Fee to Vendor $25,100 $301,200 Net Revenue to Municipality $116,650 $1,399,840 Attachment #2 Cameras at Red Lights — a summary of 2010 Legislation (CS/CS/HB 325) CAMERAS AT RED LIGHTS By: Kraig Conn After over five years of attempts, the Florida Legislature has finally passed a bill on the use of cameras at intersections to enforce red light traffic laws. CS/CS/HB 325 ("the bill") is the result of tireless efforts by the primary sponsor in the House, Representative Ron Reagan, and the primary sponsor in the Senate, Senator Thad Altman. Over the course of the legislative session, the bill went through numerous versions. The bill is somewhat vague in certain areas and may have to be further clarified by involved state agencies or possibly the Legislature in 2011. The following is a general overview of the bill, which should not be relied on to implement a cameras at red lights program. if your city currently has a cameras at red lights program, or is considering such a program, please have your staff obtain a copy of "Enrolled CS/CS/HB 325." The bill begins by expressly preempting to the state the regulation of the use of cameras for enforcing traffic laws under Chapter 316, Florida Statutes. This chapter of law is known as the "state uniform traffic control law," and it provides for a comprehensive, statewide system of traffic laws. Cities and counties are specifically authorized to use traffic infraction detectors to enforce state traffic laws when a driver fails to stop at a traffic signal on streets and highways under the city's or county's respective jurisdiction. A "traffic infraction detector" is defined generally as a vehicle sensor installed to work with a traffic control signal and a camera or cameras synchronized to record photographs or electronic images of a motor vehicle failing to stop at a red light. A city is authorized to install detectors within its incorporated area and a county is authorized to install detectors only in unincorporated areas of the county. However, a county may authorize a city, by interlocal agreement, to operate detectors on county roads going through the city. Under the provision in Enrolled H13 5501, cities and counties are authorized to use detectors to enforce traffic laws on state roads when permitted by the Department of Transportation. Contracts with vendors to install detectors are specifically authorized. Traffic infraction detectors are allowed on a state road when permitted by the Department of Transportation and under placement installation specifications developed by the Department of Transportation. Detectors are allowed on streets and highways under the jurisdiction of a city or county in accordance with placement and installation specifications developed by the Department of Transportation. (Note that installation specifications have not yet been developed by the Department of Transportation). The bill provides a very detailed process for administering a traffic infractions detector program. Cities, counties and the Department of Highway Safety and Motor Vehicles may authorize "traffic infraction enforcement officers" to issue traffic citations under a traffic infraction detector program. Traffic infraction enforcement officers are to receive specialized training and do not receive certification as a law enforcement officer - or police officer. A police or sheriff's department may designate employees as traffic infraction enforcement officers. (Law enforcement officers may continue to directly issue citations for anyone they observe running a red light). Once a violation occurs, the bill provides a two-step process to inform an alleged violator: a notice of violation process and a traffic citation process. Within 30 days after a violation, notice must be sent by first class mail to the registered owner of a motor vehicle involved in running a red light. The notice must contain certain information and specify various remedies available to the registered owner or that the owner can pay a penalty of $158. It appears that the registered owner may submit an affidavit within 34 days following the date of the notice to contest the alleged violation. The registered owner will not be held responsible or liable for failing to stop at the traffic signal if the owner can establish that: the motor vehicle was yielding the right-of-way to an emergency vehicle or funeral procession; the motor vehicle was directed to pass through the intersection by a law enforcement officer; the motor vehicle was, at the time of the violation, in the care, custody, or control of another person; or a traffic citation was issued to the vehicle driver by a law enforcement officer who directly observed the vehicle running the red light. If the $158 penalty is paid, the bill provides various distribution methods. If the Department of Highway Safety and Motor Vehicles operates the traffic infraction detector program, $45 is distributed to the city in which the violation occurred, or, if the violation occurred in an unincorporated area, to the county in which the violation occurred. If a city or county operates the traffic infraction detector program, the city or county retains $75 of the $158 penalty. The remainder of the money collected is to be sent to the Department of Revenue for distribution to the state and various trust funds. Any fees or expenses a city or county incurs in operating its traffic infraction detector program are to be paid from the $75 share of the penalty, or from other city or county revenues. A manufacturer or vendor of cameras cannot receive a fee or remuneration based on the number of violations detected through use of a traffic infraction detector. Also, a commission from any revenue collected from violations detected through use of a traffic infraction detector cannot be paid. Uthe registered owner of a motor vehicle involved in a violation does not make payment within 30 days after notice of violation, a traffic citation may be issued no later than 60 days after the date of the violation and sent by certified mail to the registered owner. The bill establishes a process, including notice to the proper court, and the required information for the issuance of a traffic citation. Within 30 days after the date of issuance of a traffic citation, the registered owner of a motor vehicle may provide an affidavit setting forth detailed information supporting an exemption from the citation. The exemptions are the same. exemptions available to a registered owner after receiving the "notice of violation". The bill provides several exceptions for violations. A notice of violation and a traffic citation cannot be issued for failure to stop at a red light if the driver is making a right-hand turn in a "careful and prudent manner" at an intersection where right-hand turns are permissible. The registered owner isnot responsible if the vehicle was stolen at the time of the violation, or if the driver of the vehicle was issued a ticket by a law enforcement officer for running the red light. Also, the owner of a leased vehicle (rental car companies) cannot be held responsible for a violation. Traffic infraction detectors must meet specifications established by the Department of Transportation and must be tested at regular intervals. The Department of Transportation is to establish the specifications before December 31, 2010. However, any equipment acquired by purchase, lease, or other arrangement entered into by a city or county on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a city or county on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. Except for the statements relating to the Department of Transportation specifications and payments to be made to the Department of Revenue, the bill does not address any camera programs currently operated by cities or counties. That is, the bill does not specifically provide for the "grandfathering" of any existing camera programs. Because the biIl's preemption language becomes effective on July 1, 2010, any existing camera program should be carefully reviewed by city staff to determine what, if any, changes are needed to the program prior to July 1, 2010. The bill provides for various levels of public notice for the use of a traffic infraction detector program. A city placing a traffic infraction detector at an intersection must notify the public that the traffic infraction detector will be in use at the intersection, and must specifically include notification of camera enforcement of violations concerning right at red light turns. Signage, at a minimum, must be used to provide public notice. Also, if a city begins a traffic infraction detector program where none has existed previously, the city must make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the program. Each city and county operating a traffic infraction detector must submit a report by October 1, 2012, and annually thereafter, to the Department of Highway Safety and Motor Vehicles, which details the results of using the traffic infraction detector. The information must include statistical data and any information required by the Department. The Department is then to aggregate all of the information and submit annual reports to the Governor and Legislature on the use and operation of traffic infraction detectors. While the bill provides guidelines to continue or to implement a traffic infraction detector program, there will likely be marry questions as to the details of operating such a program. The bill is clearly a step in the right direction, but further clarifications will undoubtedly be sought from the Department of Transportation and the Legislature. The League wilt keep all members informed of any additional information related to traffic infraction detectors. Attachment #3 Current Florida Statues: 316.0776; 316.0745; and 316.07456 statutes & Lonstitution : View Ntatutes : Online Sunshine Page 1 of 1 Select Year: 2010 Go The 20io Florida Statutes (including Special Session A) Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.0776 Traffic infraction detectors; placement and installation.— (1) Traffic infraction detectors are allowed on state roads when permitted by the Department of Transportation and under placement and installation specifications developed by the Department of Transportation. Traffic infraction detectors are allowed on streets and highways under the jurisdiction of counties or municipalities in accordance with placement and installation specifications developed by the Department of Transportation. (2)(a) If the department, county, or municipality installs a traffic infraction detector at an intersection, the department, county, or municipality shall notify the public that a traffic infraction device may be in use at that intersection and must specifically include notification of camera enforcement of violations concerning right turns. Such signage used to notify the public must meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to s. 316.0745. (b) If the department, county, or municipality begins a traffic infraction detector program in a county or municipality that has never conducted such a program, the respective department, county, or municipality shall also make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the enforcement program. History.—s. 8, ch. 2010-80. Copyright © 1995-2011 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.usIStatuteslindex.efin?App_mode=Display_Statate&Search String... 5/10/2011 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2010 Go The 2010 Florida Statutes (including Special Session A) Page 1 of 1 Title XXIIi Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.0745 Uniform signals and devices.— (1) The Department of Transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state. The uniform system shall, insofar as is practicable, conform to the system adopted by the American Association of State Highway Officials and shall be revised from time to time to include changes necessary to conform to a uniform national system or to meet local and state needs. The Department of Transportation may call upon representatives of local authorities to assist in the preparation or revision of the uniform system of traffic control devices. (2) The Department of Transportation shall compile and publish a manual of uniform traffic control devices which defines the uniform system adopted pursuant to subsection (1), and shall compile and publish minimum specifications for traffic control signals and devices certified by it as conforming with the uniform system. (a) The department shall make copies of such manual and specifications available to all counties, municipalities, and other public bodies having jurisdiction of streets or highways open to the public in this state. (b) The manual shall provide for the use of regulatory speed signs in work zone areas. The installation of such signs is exempt from the provisions of s. 335.10. (3) All official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation pursuant to subsection (2). (4) It shall be unlawful for any public body or official to purchase, or for anyone to sell, any traffic control signal or device unless it conforms with the manual and specifications published by the Department of Transportation and is certified to be of such conformance prior to sale. Any manufacturer or vendor who sells any traffic control signal, guide, or directional sign or device without such certification shall be ineligible to bid or furnish traffic control devices to any public body or official for such period of time as may be established by the Department of Transportation; however, such period of time shall be for not less than 1 year from the date of notification of such ineligibility. (5) It is unlawful for any public body to manufacture for installation or placement any traffic control signal, guide, or directional sign or device unless it conforms to the uniform system of traffic control devices published by the Department of Transportation. It is unlawful for any public body to sell any traffic control signal, guide, or directional sign or device it manufactures to any nongovernmental entity or person. http://www.leg.state.fl.us/Statuteslindex.cfm?App_mode--Display_Statute&Search String... 5/10/2011 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 (6) Any system of traffic control devices controlled and operated from a remote location by electronic computers or similar devices must meet all requirements established for the uniform system, and, if such a system affects the movement of traffic on state roads, the design of the system shall be reviewed and approved by the Department of Transportation. (7) The Department of Transportation is authorized, after hearing pursuant to 14 days' notice, to direct the removal of any purported traffic control device wherever located which fails to meet the requirements of this section. The public agency erecting or installing the same shall immediately remove said device or signal upon the direction of the Department of Transportation and may not, for a period of 5 years, install any replacement or new traffic control devices paid for in part or in full with revenues raised by the state unless written prior approval is received from the Department of Transportation. Any additional violation by a public body or official shall be cause for the withholding of state funds for traffic control purposes until such public body or official demonstrates to the Department of Transportation that it is complying with this section. (8) The Department of Transportation is authorized to permit traffic control devices not in conformity with the uniform system upon showing of good cause. History.—s. 1, ch. 71-135; s. 1, ch. 72-189; s. 1, ch. 73-310; s. 1, ch. 76-31; s. 1, ch. 77- 146; s. 1, ch. 80-178; s. 4, ch. 88-91; s. 3, ch. 88-93; s. 95, ch. 99-248; s. 6, ch. 2010-80. Note.—Former s. 316.131. http:llwww.leg.slate.fl.us/Statuteslindex.efrn?App_mode=Display Statute&Search String:.. 5/10/2011 statutes & constitution: View statutes : Unline sunshine Page 1 of 1 Select Year: 2010 Go The 2010 Florida Statutes(including Special Session A) Title XXI I I Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.07456 Transitional implementation.—Any traffic infraction detector deployed on the highways, streets, and roads of this state must meet specifications established by the Department of Transportation, and must be tested at regular intervals according to specifications prescribed by the Department of Transportation. The Department of Transportation must establish such specifications on or before December 31, 2010. However, any such equipment acquired by purchase, lease, or other arrangement under an agreement entered into by a county or municipality on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a county or municipality on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. History.—s. 7, ch. 2010-80. Copyright ©1995-2011 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfin?App mode--Display_Statate&Search String... 5/10/2011