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HomeMy WebLinkAboutPacket 12-07-2010 RegularG41-1- TO ORDER: City of Cape Canaveral Avenue, Cape Canaveral, Florida Tuesday December 7, 2010 7:00 PM tir REPORTS - 7:15 720; P.m. WINSWA 7:20p.m. — 7:35p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limlit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such; iternsas regular agenda items and act upon them in tWe future. Approve Minutes for Regular City Council Meetings of 11-04-2010 and 11- 16-2010. I 2. Change Order #4: Approve the Ulse of STS Paveway Systern Crosswalks i for the Ridgewood Avenue Improvements Project in Lieu, of Brick Pavers. 105 Polk Avenue - Post Office Box 3,26 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityokapecanaveral.org - ernaiL ccapecanaverai@cfl.rr.coni City of Cape Canaveral, Florida December 7, 2010 P,age 2 of') 4. Approve the 20,11 City Council Regular Meeting Schedule and Tentativto Biudget Meeting Schedule. 4. Approve Resolution No. 2010-35; Appointing a Second Alternate Member to the Library Board. 5. Joint Purchase of Replacement Fire Apparatus with the Canaveral Port Authority. 7:40 p.m. — 8.-05 p.m. 6. Ordinance No. 14-20101, amending Chapter 54, Parks and Recreation, of the Code of Ordinances; authiorizing the City Counci'l to award franchises for Commercial Vending Activities on the City's beaches by competitive bid pursuant to certain requirements and restrictions', providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, 7, Ordinance 18-2010, amending Chapter 66, Article 111, Excavations, of the Code of Ordinances related to open cuffing of roads or streets, permitting, fees and inspections; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code-, severability; and an effective date. 8i. Ordinance No. 19-2010, amending Chapter 94, of the Cape Canaver Code of Ordinances to allow for Historical Markers-, providing for t repeal of prior inconsistent ordinances and resolutions-, incorporation in the Code; severabillity� and an effective date. 11 9. Resolution No. 2010-33; certifying the, results of the General Election of November 2, 2010; repealing prior inconsistent resolution; providing for an effective date. 10Appointment of Voting Delegate/Direct�or and an Alternate to the Space Coast League of Cities. ,'ape Canaveral, Florida ,r 7, 2010 f3 Discussion of restoring local control of smoke-free air laws in the State of Florida. W1 0 0 M MM M Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. �y CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 4, 2010 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:31 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Bob Hoog` Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson RESOLUTION: Motion to Adopt: Resolution No. 201032; Certifying the results of the General Election of November 2,_2010; providing for an effective date: Attorney Garganese read the title of the Resolution into the record. City Clerk Apperson read the unofficial results into the record and asked the Resolution be amended to include them. She noted the official results would not be received until after November 121h. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the Resolution as amended. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 2 of 6 PRESENTATION: Deputy of the Month for September 2010 — Commander Alan Moros: Commander Moros explained the reasons Deputy Kent Guttebo was selected as September's Deputy of the Month and presented him with a plaque of recognition. Commander Moros presented the information related to Resort Dwellings, which was previously requested by Council Member Hoog, and provided a status report on the renovation to the City Hall Annex. 1:7 d lil:4 lk-9 City Attorney Garganese provided an update related to'the Royal Mansion litigation. He indicated the expert's report is complete and. has been sent to the Plaintiffs as a proposed settlement. He provided an update regarding the Harbor Heights Easements; noting the Attorney representing the property owners has indicated his clients are not responding. Attorney Garganese indicated the revised Beach Vending Ordinance is scheduled for the November '16th meeting. He not the passage of the New City Charter and indicated the City Clerk has been advised' as to the appropriate actions. City Clerk Apperson indicated the New City Charter has been sent to Elected Officials and City Staff. It will be sent to Secretary of State, when official election results are received. AUDIENCE TO BE HEARD: • Ms. Gay Clark urged for individuals to speak into the microphones, so the audience members can hear them. • Mr. Ron Friedman.,noted an e' -.mail he sent to the Elected Officials objecting to the proposed dog 'park. at Manatee Sanctuary Park. He also stated many residents also object because a dog barking at the park will get the dogs of the residents barking at their complex (Bayside Condominiums). CONSENT AGENDA: Mayor Randels read the items on the Consent Agenda. He noted a correction to the minutes of the September 23, 2010 Special Meeting to show Mr. Petsos as absent. 1. Approve Regular City Council Meeting Minutes of January 5, 2010 and October 19, 2010. Approve Special City Council Meeting Minutes of September 23, 2010: 2. Approve Resolution No. 2010-28, Supporting the Let's Move Cities & Towns Campaign: City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 3 of 6 3. Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting: 4. Change Order #3: Approve Funds in the Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium arta Approve Funds to Stottler Stagg & Associates (SSA) in the Amount of $1,699.00 to Prepare Engineering/Construction Drawings: 5. Ratify City Manager Performance Evaluation: A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCES: Second Public Hearin 6. Motion to Adopt: Ordinance No. 15-2010, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility_ Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for .the Fiscal Year beginning October 1, 2009, and ending September 30; 2010; providing for an Effective Date: Attorney Garganese read the title of the Ordinance, into the record. Mayor Randels explained the Ordinance updates the final changes to the Prior Fiscal Year Budget. A motion was made by Mr. Petsos, seconded by Mr..' Hoog, for approval at second reading. The public hearing was opened. ` No comments were made and the public hearing was closed. The motion carried 5-O with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 7. Motion to Adopt: Ordinance No. 16-1010, amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved;;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. He explained its intent and the areas that are exempt from it. ` The public hearing and discussion ensued and included whether the Ordinance applies to service vehicles that are visiting to complete some type of maintenance at the property and whether it needs to be amended to clarify this; that some individuals are placing their garbage cans and recycling containers on the sidewalks and the pedestrian facility and the suggestion this needs to be addressed also, possibly with education of residents; what will be done for visitors to the residences where there is no room to park in the driveway; the need to send a new letter to Mr. Petre to withdraw the prior letter which indicated he was allowed to park in the right -of --way between the curb and the pedestrian facility; whether a study was done of the areas outside of Ridgewood Avenue; and that this Ordinance is meant to address City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 4 of 6 a known problem; however, it may need to be amended in the future. The public hearing was closed. A motion was made by Mr. Petsos, seconded by Mr. Randels, for approval. Discussion continued and included: prior lack of enforcement with parking on the sidewalks; that individuals who are having gatherings can phone the Cape Canaveral Precinct and inform them of the event, so officer discretion can be utilized; the need for public education and the need to enforce the state law that precludes walkers and joggers from using the road way when a sidewalk or bike path is provided. Attorney Garganese suggested adding the following language to the Ordinance: This section shall also not be construed to prohibit the temporary parking of service or delivery vehicles on a right-of-way, excluding sidewalks, provided such vehicles are in actual use providing a service or delivery and such vehicles do not obstruct pedestrian or vehicular traffic. • The City Council may authorize by resolution the temporary parking of vehicles on a right-of-way, excluding sidewalks, during seasonal holidays and special events. The motion was amended to include the language suggested . by Attorney Garganese be added to the Ordinance. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearin 8. Motion to Approve: Ordinance No. 17-2010, amending Chapter 110, Zoning, of the Cape Canaveral Code of,Ordinances to add Assisted Living Facilities as a Special Exception Use in .the R-3 Medium Density Residential District and the C-1 Low DensitX Commercial District subiect to certain requirements; updating definitions; providinq 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. He' noted ' the Ordinance has been recommended by the Planning and Zoning Board. He gave a brief explanation of it. Planning and Development Director Barry Brown provided background on this item and gave a detailed explanation of the Ordinance. Discussion included whether the Department of Community Affairs is agreeable to the conversion factor; the green space around the facility; the concepts used to create the plans for the proposed Assisted Living Facility; the prior concern over evacuation of the residents of the facility; whether the residents of Puerto Del Rio are aware of the potential Assisted Living Facility next to their condominiums and that they are excited about this facility, as they will be able to stay in the area when they need to have this type of assistance; the employment opportunities for approximately 200 people, the expanded tax benefits and what types of facilities can be located in a R1 Zoning District. A motion was made by Mr. Petsos, seconded by Ms. Roberts, for approval. Public Hearing included whether the zoning density would be changed for this project; which was answered by Mr. Brown to be no; however with the conversion factor there could be up to 180 beds; and when will the adjoining City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 5 of 6 neighbors be notified of the proposed property change; to which Mr. Brown responded there is no change in zoning or land use. Attorney Garganese indicated when the property owner applies for the Special Exception, notice will be sent to the surrounding properties. Concerns as to the entrance for the facility being directly across from the entrance to the Bayside Condominiums; and the alternate use possibly enhancing the property values were also noted. The public hearing was closed. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 9. Renewal of health, dental, vision and life insurances policies: City Clerk Apperson reviewed the recommendations. A lengthy discussion ensued and included: a revised recommendation by City Manger Greene that the City fund, 10% of dependant coverage and eliminate any requirement for employees to contribute, $20.00 per pay period for their coverage; whether the City would share in the cost for dependant health coverage; currently no employees elect coverage for their dependants due to the cost; that not sharing in the cost for dependant coverage places the City at a competitive disadvantage to get and retain quality, employees; the two types of health coverage that are offered and the current contribution to a Health Savings_Account; whether the City could join with other cities to possibly get a lower rate; the, cost shifting of the Florida League of Cities plan to the employees; that insurance is one of the major things the employees are working for; the need to look at the total benefit package and other reductions to offset the rising costs of health coverage; in comparison to other municipalities the City's benefits package is weak due to the defined contribution plan and the lack of assistance toward dependant insurance coverage; where the money for 10% toward dependant insurance coverage would come from and that participation would be minimal at this .point and whether the employees will be asked to contribute $20.00 per pay period towards their insurance coverage. The discussion moved to the Life Insurance Options and included: the current coverage; the proposed coverage of $100,000.00 per employee, which is an improved benefit at a lower cost and is locked in for the next three years; and that the City does not fund a short term or long term disability policy. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve the staff recommendations as revised. The discussion returned to health insurance and how to make the 10% City contribution for dependent coverage work. The motion carried 3-2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Against. 10. Results of the Multi -Way Stop Sign Warrant Study prepared by Luke Transportation Engineering Consultants for the intersection at North Atlantic Avenue and Shorewood Drive: Public Works Director Walter Bandish explained the results of the Study, which recommends the installation of two roundabouts. He indicated if these are desired they would be a part of the design of the North Atlantic Avenue Project. The proposal was discussed as well as whether the 30 second wait limit was exceeded; City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 6 of 6 whether this would be a deterrent for vehicles traveling to the port; and this study was completed because it was an item on the "parking list". No Consensus was reached. 11. Request by the Mayor to consider making tattoo studios a Special Exception Use and regulating them as to location: Mayor Randels explained his request. Consensus was reached that Staff prepare an Ordinance to regulate this use and send it to the Planning and Zoning Board for consideration. Attorney Garganese noted he will work with staff on this issue, but this will require a considerable amount of staff work prior to presentation to P & Z, as a legislative record will need to be established. REPORTS: 12. Council Council Member Walsh congratulated the City Treasurer for recouping $29,080, which was owed for back wastewater fees. ADJOURNMENT: There being no further business, the Meeting adjourned at,8:16 P.M. Rocky Randels, MAYOR Angela M. Appersoh, CMC, City Clerk �z CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 16, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:09 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Others Present: City Manager City Attorney Parks and Recreation Director Public Works Director Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Assistant Public Works Director B'uilding Official Planning and Development Director Brevard County Sheriff Commander. Cape Canaveral Volunteer Fire Dept. Assistant Chief City Clerk David L. Greene Anthony Garganese Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alan Moros John Cunningham Angela Apperson OUTGOING ELECTED OFFICIAL COMMENTS: Mayor Randels presented an appreciation plaque to Ms. Roberts for her service since 2006. Ms. Roberts indicated it was an honor and joy to serve as a Council Member and to serve the community. She expressed her appreciation of the other City Council Members, the City Staff and the many Advisory Board Members. She noted many areas where progress has been made and listed areas where she believes the work needs to continue. OATH OF OFFICE: Attorney Garganese administered the Oath of Office to Mr. Petsos and Mr. Morgan. Mr. Morgan took his place on the Council. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2010 Page 2 of 4 ELECTION OF MAYOR PRO TEM: Mr. Petsos nominated Ms. Walsh for Mayor Pro Tem, seconded by Mr. Hoog. Mr. Morgan nominated Mr. Hoog as Mayor Pro Tem. After a brief discussion, Ms. Walsh conceded the nomination to Mr. Hoog. Mr. Randels seconded the nomination of Mr. Hoog as Mayor Pro Tem. The nomination carried unanimously, after a roll call vote. PRESENTATION: Presentation from Waste Pro, USA to the Canaveral Police Athletic Leaque: Mr. Ted Oglesby presented a check for $1,000.00 to the Police Athletic League. Presentation from the American Red Cross, Mid -Florida Region: Ms. Ruth Bently reviewed a power point presentation which explained the mission and work of the Red Cross; how funds are received; the disaster relief efforts for single and multi -family residential fires; the services to the Armed forces; and the Disaster Response in 2010. Ms. Bentley noted the need for additional , volunteers and funding. She encouraged community members to get training and prepare for disasters. REPORTS: No reports were received. AUDIENCE TO BE HEARD: Linda Meeuwenberg having at her residence on Canaveral Beach Blvd Works Department will look into the matter. CONSENT AGENDA: spoke about a parking issue she is Mr. Greene indicated the Public Mayor Randels inquired if any. items are to be ' removed from the Consent Agenda for discussion. Mr. Petsos requested item number two be removed for discussion. 1. Approve Minutes for Special City Council Meetings of 06-25-2010, 07-28-20.10 and 09-13-2010: 2. Change Order #4: AP prove the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of brick pavers for a_cost savings of $26,426.25: A motion was made by Mr. Hoog, seconded by Mr. Petsos, to approve item number one. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Item Number 2: Assistant Public Works Director Jeff Ratliff explained the issues surrounding the installation of the brick pavers and the recommendation to use "STS" at the intersections. Discussion ensued and included how the existing "STS at N. Atlantic Avenue is wearing; that the City of St. Augustine is removing the "STS"; the length of City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2010 Page 3 of 4 time it takes to install the bricks; the cost savings that could be derived by the use of "STS" instead of brick; that FDOT does not recommend the use of brick; the work recently performed in Rockledge and the "STS" was selected due to cost and that they are having problems with other intersections where this product was installed; that there are other applications that could be used as well; the unevenness that brick pavers produce; whether colored stamped concrete would have different colors for each batch of concrete; the maintenance of traffic while the bricks are being installed; the wear ability of STS; and the need for staff to investigate all options and have documented backup for recommendations. This item will be considered at a future meeting. ORDINANCE: Second Public Hearing: 3. Motion to Adopt: Ordinance No. 17-2010, amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to add Assisted Living Facilities as a Special L—_ __._i._._ !i__ .._ 1�__ R n ■If__��. ..__ 11_.__.a. C1__1_�_._..._ 111_i._._e l__ n A I for Parkina Reauirements: Makina Conformina Amendments to Chanter 110: Providina Code; Severability, and an Effective Date: Attorney.Garganese read the title of the Ordinance into the record. A motion was made by Mr. Petsos, seconded by Ms. Walsh, for approval of Ordinance No. 17-2010. The Public Hearing was opened and included where the proposed Assisted Living Facility would be built, to which Mayor Randels responded on West Central Avenue; and the evacuation of individuals living at the facility, to which Mr. Greene responded the evacuation plan is regulated by the State and the County. The Public Hearing was closed. The difference between a nursing home and an assisted living facility was noted as well as a recent newspaper article which explained the need for Assisted Living Facilities in Brevard County. The motion carried 5-0 with rooting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Ms. Walsh, For. DISCUSSION: 4. Ordinance No. 14=2010, Amending Chapter 54, Parks and Recreation, of the Code of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions: 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. He noted changes to limit the franchises to two; limited vending to only food and non-alcoholic beverages; and the elimination of the vendor appearance requirements. The discussion included whether the changes to the Ordinance will affect the business at Cape Caribe; that some vendor appearance regulations are necessary to ensure individuals will not be scantily clothed; the need to ensure a photo ID was still a requirement; whether the means of propulsion for the vending cart has been regulated by the Ordinance; how the item arrived back before the Council instead of having a referendum; how interested City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2010 Page 4 of 4 companies would bid on or be awarded a franchise and the use of the sealed bid process for submittal; and the suggestion for a workshop to further discuss the item. Consensus was reached to have a minimum dress of shorts and short sleeved shirt with the company name on it; to prohibit motorized carts and to change may to 'Shall" in front of charge a franchise fee. 5. Historical Markers: Ray Osborne reviewed a power point presentation. He requested permission to use the money that was raised for the. Historic Marker and to have the first location be the Fuller Mounds, as this is City property. Discussion ensued as to the type of sign and the materials to be used, as well as the need to have the same type of sign at each historical property. A consensus was reached for Mr. Osborne to submit a grant application for the State Historical, Marker Sign at the Fuller Mounds; to have a plastic sign at the ArtesiaPost Office Site and that Mr. Osborne work through the City Staff and follow the City's Purchasing Policy. REPORTS: 6. Council: No reports were given. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:14 P.M. Rocky Randels, MAYOR Angela M, Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/0712010 Item No. 2— Subject: Change Order #4: Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of Brick Pavers. Department: Public Works. Summary: This issue was presented to the City Council at the November 16 Council meeting — Staff has returned with additional information on this topic as requested. Staff recommends that the City Council reconsider the use of brick pavers at the five intersections (20 crosswalks) on Ridgewood Avenue as part of the Ridgewood Avenue Improvements Project. Staff recommends the use of STS Paveway System crosswalks based upon the following: 1). Additional discussions with other governmental agencies have indicated that brick pavers are no longer the preferred material for use in pedestrian crosswalks due to a number of reasons (see Attachment #1). 2). A cost savings of $26,426.25 for 20 crosswalks if the STS Paveway System is used in lieu of brick pavers. 3). Time of construction — each intersection will take approximately 8-10 working days to complete if brick pavers are installed which significantly extends the construction portion of the project. The STS Paveway System can be installed in a single intersection overnight. 4). Alternating lane closures for several days will be required if brick pavers are used, further disrupting area residents. 5). Brick pavers are not recommended for retro -fit projects by the project contractor, Brewer Paving & Development (Brewer). In particular, Brewer does not recommend the use of brick pavers in turning radius areas where larger vehicles will be using the roadway (see Attachment #2). 6). The maintenance required of brick pavers — especially due to damage caused by larger vehicles (e.g., garbage trucks). 7). The Florida Department of Transportation (FDOT) no longer recommends brick pavers in roadways — FDOT uses and recommends the STS Paveway System. The Federal Highway Administration (FHWA) also no longer recommends brick pavers at crosswalks. For brick pavers at 20 crosswalks on Ridgewood Avenue, the annual maintenance issues/costs to the City are estimated as follows: 1). Truck load of fine sand - $450.00 (spreading of sand on crosswalks). 2). Weeding of the cracks between the bricks by the City's chemical contractor - $100.00. 3). Replacement of broken bricks by Staff, as needed. 4). Staff would attempt to adjust bricks that have shifted vertically or horizontally, as needed (a contractor may be necessary if there is significant settling or shifting). There will also be an initial purchase of bricks to use as replacement bricks — these initial costs are estimated at $750.00 (150 bricks @ $5.00 per brick). Submitting Department Head: Walter Bandish Date: 11118110 Attachment(s): 1). Documentation of Correspondence. 2). Contractor Recommendations. 3). Budget Summary. 4). Additional Information. Financial Impact: For all five intersections in the Presidential Streets area, the cost savings for using the STS Paveway System in lieu of ick pavers is $26,426.25. An updated project budget summary is included as Attach e t #3. Reviewed by City Treasurer: Andrea Bowers Yr Date: 11 laq110 The City Manager recommends that City Council t6ke the following action(s): Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of Brick Pavers. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Documentation of Correspondence MEMORANDUM TO: David Greene City Manager FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 11/18/10 RE: Investigation Results Brick Pavers for Ridgewood Avenue Florida Department of Transportation (FDOT): Jeff Ratliff contacted Ms. Joan Carter (386-943-5000), FDOT District Pedcstrian/Bicycle Coordinator, on November 17, 2010 at 11.30 a.m. Ms. Carter stated the following: • Brick pavers are no longer installed as crosswalks on state-owned roadways (FDOT regulation); • Brick pavers are no longer allowed primarily due to "failure" of the bricks; • Other historical issues as follows: o Differential settling of the bricks occurs (both vertically and horizontally); o Rutting typically occurs between the asphalt roadway and the concrete ribbon curb -- thus creating a bump along both sides of the crosswalk for vehicular traffic; o Differential settling of bricks causes trip hazards and violations of the Americans with Disabilities Act (ADA); o Engineers -of -record typically won't certify brick paver crosswalks due to "failure" of the bricks — therefore, the engineer -of -record and municipality are open to lawsuits; and a Brick pavers are more costly than other methods — both initially and due to fixture maintenance costs. Port Canaveral: Jeff Ratliff contacted Mr. Tony Quatrone (321-403-7987), Project Manager, on November 15, 2010 at 2:30 p.m. Mr. Quatrone stated the following: • Brick paver crosswalks at the Port were installed over compacted lime rock; • The brick pavers have "failed" at most of the Port crosswalks; • The asphalt roadway has settled adjacent to the ribbon curbing thus creating "bumps" to vehicular traffic; • The Port is concerned about future lawsuits due to trip hazards and ADA violations; and • The Port plans to replace the brick paver crosswalks with the STS Paveway System. City of Rockledge: Jeff Ratliff contacted Mr. Kenn Poole (321-690-3961), Public Works Director, on November 18, 2010 at 1:30 p.m. Mr. Poole'stated the following: • The City of Rockledge has installed STS Paveway Systems throughout the City and is pleased with the three years of usage; • The STS Paveway System has held up well but was chosen mostly as a cost savings measure (many crosswalks installed); • City of Rockledge Staff was concerned about trip hazards with brick pavers as well as differential settling of the bricks; and • In the end, the decision to use STS Paveway Systems was mostly a cost factor. City of St. Augustine: Jeff Ratliff contacted Ms. Martha Graham (904-825-1040), Public Works Director, on November 18, 2010 at 3:00 p.m. Ms. Graham stated the following: • Brick pavers are no longer installed as crosswalks on state-owned roadways (FDOT regulation); • The City has history -based ordinances regulating the types of materials for roadways and crosswalks; • The City installed several stamped concrete crosswalks in the 90s and they have deteriorated rapidly and do not hold their color — they do not recommend any type of stamped concrete; • The City frequently uses old bricks in their crosswalks and have a number of difficulties — but newer brick crosswalks have been successfully used; and • The City will be using STS Paveway Systems in the future on state-owned roadways. STS Paveway Systems: Walter Bandish contacted Mr. Mark Fox (813-632-3500), Company Owner, on November 17, 2010 at 8:30 a.m. Mr. Fox stated the following: • Mr. Fox will be at the City Council meeting on December 7 to answer any questions from the City Council; • Durability of the product is really unknown — STS Paveway has been installed for six years without any failures (STS has been in business for six years); and • Ft. Lauderdale has installed STS Paveway at crosswalks on intersections where 60,000 cars travel per day -- on the roadways for six years - no failures have been reported. Attachment #2 Contractor Recommendations Jeff Ratliff From: Ryan Herold [Ryan@brewerpaving.com] Sent: Monday, November 08, 2010 2:50 PM To: Jeff Ratliff Cc: John Pekar; Billy Joe Brewer; Shane Brewer Subject: Ridgewood Ave - Brick Paver Concerns Jeff, As we are getting closer to the end of the project, we have some large concerns about the durability and constructability of the brick pavers. We have legitimate concerns about their use in this project that I would like to outline here in hopes that we could go back to the original contract and the stamped asphalt. I will outline these concerns below. 1) Without allowing us to completely shutdown the intersection to all traffic while the work is taking place, the ribbon curb will have to be done one lane at a time. There are a couple of issues with constructing it this way. First, we will have to be able to make Ridgewood One -Way while this work takes place which we would anticipate taking 2 weeks per intersection. Second, with pouring the curb in 2 phases, there will be a joint in the middle of the road. We cannot guarantee that this joint will not crack and the ribbon curb eventually heave up in the middle of the road. Especially given the daily groundwater fluctuations. 2) Another concern we have is with the long term durability and maintenance of the intersections. The locations on the side streets where vehicular traffic will be turning on will eventually start to shift and we cannot guarantee material and workmanship for this work. Brick Pavers are not meant to have heavy duty traffic turning on them, which is what will happen with garbage trucks, fire trucks, ect. 3) There are also some constructability concerns during the milling and paving operation. There are no contractual provisions for paving straight through those intersections, so we will have to mill through those intersections, and then pave up to the ribbon curb areas and then slope down and leave a gap. There is approximately 100 tons of extra asphalt if we were to pave straight through the intersections and then dig up the new asphalt to install the pavers. We believe in the STS product. There would be a cost savings to the City by virtue of altering the original brick paver change order. The Paveway "STS" system is the best "Patterned Textured Pavement" system in Florida, proven by the Florida Department of Transportation's own requirements. STS has been tested by the FDOTfor over 3 years and has the best proven results of every/any other system available. STS comes with a 3 year warranty from both the manufacturer and the "certified installers". No customer has exercised the warranty because in the last 3 years there has been zero failures with over 250,000 SF of STS in use on FDOT high volume roads. wyan Mffofif 3190 Grissom Parkway, Cocoa, FI.32926 Phone: 321-636-4645 Fax: 321-636-4648 Attachment #3 Budget Summary c %0 C> C� CD C> cq IV% en cq C5 Ch cli io..k Ci cl� 00 C5 C%% N on CD I I I I I I Z C> 0 C5 O as C> 60 6s &9. F".611yy 'm CD CD Vi 40 C> C> "n log 121) 9 IC74, 8 o -.0 C> c> %0 C7% C'! ff; W 00 W69 fig 11 Itc. in LAI Ci -r- C 'r_ as. CA Fl 'm kn C5 -bd va ri ri 01, 4 Ca Attachment #4 Additional Information (provided by the FDOT) Broken brick crosswalks fnistrating for image -conscious downtown Fort Lauderdale - Su... Page 1 of 2 Advertisement ■ You are here: Sunsentinel.com a Collecgans Ads by Googte Broken brick crosswalks frustrating for image -conscious downtown Fort Lauderdale September 20, 2010 [ By $con Wyman, Sun Senfinel FORT LAUDERDALE -- Outside the Broward County government building, workers have patched the red brick crosswalk with black asphalt. Next to the nearby Regions Bank, a deep pothole created by broken brick pavers went Without repair for more than a week. The decade -old effort to beautify Fort Lauderdale's downtown with brick crosswalks and Intersections has business leaders increasingly frustrated. They say the bricks have been a nightmare to maintain and create hazards for pedestrians and drivers because they break too easily under heavy traffic. Remmmertd ; Be the fast ofyour f&nds to __ �--- recommend this. Decorative crosswalks are a feature in South Florida communities from Weston to Boynton Beach, but bricks are used mainly on residential streets. More traveled streets have asphalt or concrete inlersections that are stamped and painted to look like bricks. 'We took the busiest intersections in town and put those pavers in and made us look like a Third World country,' said prominent attorney Bill Scherer, a member of the Downtown Development Authority. "They have really ruined the streets with those things. Anything would be better.` ` Ads by Gnogla Triple -M -Brick Pavers Inc Installation'Repaire Sealcoating '10 Year Warranty on WorkmanshV www.Ur plembrlc%s.com Brick Pavers South FL $2.99 SF Installation Bricks Sand (954) 369-7244 [CPI Certified www.BdckPaversF[arida.com Advertisement The bricks were part of a push to revitalize downtown and create a posh destination for residents, workers and tourists. They outline intersections from the las Olas Boulevard shopping district west through the Himmarshee entertainment district, but theyAve been expensive and a problem from the start. The brick Intersections along the main Broward Boulevard thoroughfare cost $745,000 when they were Installed in 2001. Bumps and holes quickly ted to two insurance settlements when a woman's alrbag deployed and another driver got a flat tire. The brick pavers soon became stained with black streaks. No one was sure at the time how much maintenance the brick pavers would need because they usually aren't used on busy roadways. Now they know. The city spends about $13,500 a year maintaining the bricks downtown. City officials said the major problem they deal with is that the bricks sink under the weight of traffic and create dips or break. They said they sometimes use asphalt to fit[ problem spots temporarily so there Is no hazard for people. The bricks, they said, also can be difficult to match, so some streets have more of a hodgepodge design than originally Intended. Members of the Downtown Development Authority said at a recent meeting that they would like to find ways to improve maintenance or explore other options such as the stamped pavement. Ads by Google http://articles. sun-sentinel.cornl2010-09-2 01newslfl-labderdale-brick--pavers-20100915_1... 11/18/2010 Rough ride over crosswalks - MariettaTimes.com I News, Sports, Jobs, Ohio, Community... Page 1 of 2 Mobile: mobte.mariettatimes.wrn Sign In I Create an ActoNAl 15ubrenbe I Stibme Nesys I Home Q Brick&Mortar Restoration Foundation and Sinkhole Foundation Repair cleanfrepaidre-eolorlcolor match 91 Solutions for Sink Hole Problems Quality & Quick Response Nationwide Since 9987 - Uo & ins. Call 1-888-9349669 Now Commercial & Residential w &.NaAturwm vnnvAllFbridaRamla<k.aam w"siopshkIM.mm ffi AdrbyGoogle News Extras Forums Opinion Life Sports Special Community Info CU Ads ]obs Classifieds Contact Us Local News !News I focal Ne-/ ■ Christmas Countdown ` Airship's 1925 crash commemo.... — Area native brings LST 325 b,_. ■ Local News . Business Rough ride over crosswalks r Entertainment r Opinion More repairs planned in revamped blocks of Front r Life September 1, 2010 - By Sam Shawver, r Neighborhood News 9 schawveromariettatimer.com ■ Obituaries I r Election 2010 Save I Comments (14) 1 Posta comment I D SHARE ,r!SC'ri_) r Religion It's been 15 months since resurfacing and pedestrian safety ■ Extras upgrades were completed in the first two blocks of Front Street in ■ Corrections Marietta. But now, for the second time since the project was • Ohio News I finished, repairs are needed in the brick crosswalks at the Butler and r W.Va. News Front streets Intersection. is National News ■ Seeking Reader Input The heaviest damage is an area of buckled brickwork on the west P Weather end of the Front Street crosswalk near the Plumbers and Plpefitters union hall. r Forums ■ VIEW community "I've seen cars swerving to miss that section," said Becky Pritchett photos with Twisted Sisters Boutique on the corner of Front and Butler. ■ VIEW news videos r SUBMIT news "It's sad that the crosswalk is In such bad shape so soon after it was Installed," she said. Next door at the Rlverrront Barber Shop, owner Cindy Wepprer recalled the brickwork had been repaired just about a year ago. "A few customers have told me there's another dip In the crosswalk i1..= now," sire said. It's more carthanelectric. A total of six brick crosswalks were installed as part of the $515,000 j upgrade project in the 100 and 20D blocks of Front Street during the spring of 2009. I Two raised crosswalks were built In the middle of both blocks, and four walkways cross Front and Butler streets at the Intersection. But within weeks after the Front Street upgrades were completed, cracks began forming In some of the bricks at the Front and Butler intersectlon. It was determined that the bricks had been part of a bad batch, and manuracturer Whitacre -Greer of Alliance agreed to have the i brickwork replaced at no further cost to the city. "I made it clear at the time that 1 didn't want to have to do this more than once, so if there were any design or other issues the company should let us know, but here we are with another problem a year later," said Joe Tucker, Marietta's city engineer. Safety -service director Chad Presley said the brick manufacturer had been back several times to look at the bricks, which are sunken and out of alignment in the damaged area of the crosswalk. > Lt1tn more i _ K I "They can't explain it,' he said. "The bricks were put In to the right specifications, and they're saying it's not the bricks this time." Tucker said the bricks were laid in sand that's spread over a concrete base, which Is a common way to install brick pavers. RaN 7:•srfarmpmrit&--al's. I But we think vehicle wheels running over the crosswalk have pushed the bricks out of place," he said. "Now we're evaluating a completely different method for stabilizing the bricks." l Tucker said that process would likely be the same the city will use to repair several sunken areas along Putnam Street where sand has j also been used to hold the bricks. Marfatta,OH o Extended Forerast Mo Z� 44 F FflMArgiherLpralon Bala Tided Tha YleaMer Channel® News, Blogs & Events I am looking for: i Fr SEARCH I irll I r News, slogs & Events C web r ==use com I irar�l r }rrerr�liiririr: Article PElotos..--'_ -- .------.---� I A �n 7rs I i #'r SAM SHAYYVER The Marietta Times Don't mis r^�"y- ti �N. HOLIDAY EDITION of the YEAR! Thanksgiving Day, Nov. 25 Fact Box By the numbers The 5515,000 resurfacing and pedestrian safety upgrade project in the first two blocks of ! Front Street was completed In May 2009. The upgrades included two raised brick crosswalks that were Installed in the middle of each block, and four brick crosswalks were constructed at the Intersection of Front and Butler streets. Within a month of the Front street project's E completion, cracks were forming In some of the crosswalk brickwork at the Front and Butler Intersection. The brick manufacturer agreed to replace the brickwork at no cost to the city in August 2009. http://www.mariettatimes.com/page/content.detail/id/529492.htm1 11/18/2010 Rough ride over crosswalks - MariettaTimes.com I News, Sports, Jobs, Ohio, Community... Page 2 of 2 He sold those bricks would be set in a solid concrete base to keep them from moving. But Tucker also noted that setting bricks in concrete would make it more difficult to take up the pavement when repairs are needed on water, sewer and other utility Imes located beneath the street. He added that, depending on the materials needed, repairs to the brick crosswalk at Front and Butler could cost the city a minimum of $15,000. Presley said the brickwork on Putnam Street would be completed I first, and if that work Is successful, the city will use the same technique on the brick crosswalks. Tucker said the Putnam Street work should be done In September and October, and he hopes the crosswalk work will be completed before cold weather sets in. Save I Comments (14) 1 Post a comment I Remramend aethe first or your friends to remmrnrsd this. Subscribe to The Marietta Times A section of brick crosswalk is discovered sinking and out of alignment at the same Intersection in August 2010. Source: Times archives sidOhioyj&yi COUPONS Photos Iry w�elay ewe Local photos Local Ads The Marietta Times 700 Channel Lane , Marietta, OH 45750 1 740-373-2121 © 2010. All rights reserved.1 Igrms or Service and Privacy -Policy http://www.mariettatimes.com/page/content.detail/id/529492.html 11/18/2010 F&K : A.Cersstue Sobawl-va xpalb SnascT CROS%IP34A # Fl"Orlftmw A116AWA)p A%N#*6i%7RA?%o -�k Factors that affect the usability of the sidewalk surface include: • Surface materials • Changes in level • Firmness, stability, and slip resistance • Dimensions of gaps, grates and openings • Visual consistency Surface materials generally consist of concrete or asphalt; however, tile, stone, and brick are also used. Typically, sidewalks of concrete and asphalt are fum, stable, and fairly slip resistant when dry. A broom finish used on concrete sidewalks increases the slip resistance. Surfaces that are not slip resistant are especially difficult for people who use wheelchairs or walking aids to travel across. Crutch users, for example, rely on being able to securely plant their crutch tip to travel effectively on the sidewalk. Surfaces that are not visually consistent (all one color and texture) can make it difficult for pedestrians with vision disabilities to distinguish the difference between a change in color and pattern on the sidewalk and a drop off or change in level. Decorative surface materials such as paints and surface materials, polished stones or exposed aggregate rock, are not as slip resistant and should be avoided. Paint and thermoplastic materials, commonly used to mark crosswalks, are generally not as slip resistant when wet. Slip resistant contact is more difficult to achieve when the sidewalk material is wet or icy. Texture added to the thermoplastic will improve the slip resistance. Brick and cobblestone may improve the aesthetic Figure 7 quality of the sidewalk, but may also increase the amount of work required by pedestrians with mobility impairments. For example, tiles that are not tightly spaced together can create grooves that catch wheelchair casters (See Figure 7). These decorative surfaces may also create a vibrating The space between the jointed surface causes wheelchair bumpy ride that can be casters to swivel and catch and greatly increases the roiling uncomfortable and resistance. painful for those in wheelchairs. The surface texture should not include more than a 114 inch rise every 30 inch. Brick and cobblestone may heave or settle, creating unsafe changes in level or become a tripping hazard for pedestrians, especially those with vision and mobility disabilities. Decorative textured surface materials can make it more difficult for pedestrians with vision impairments to identify detectable warnings, which provide critical information about the transition from the sidewalk to the street. For these reasons, brick and cobblestone are not recommended. Creative alternatives include smooth walkways with brick trim, and colored concrete. Changes in level/elevadon are vertical rises between adjacent surfaces. Causes of changes in level include: • Tree roots pushing upwards. • Uneven transitions from street to gutter to ramp. • Heaving and settling due to frost. • Buckling due to improper sub -base preparation. Changes in level/elevation can cause major problems for: • Pedestrians with mobility impairments -difficulty lifting feet, or crutches (causing tripping). • Pedestrians with vision impairments -difficulty detecting elevation changes, (causing tripping). • Pedestrian using wheelchairs -small front caster wheels swivel side- ways and cannot climb over. • Pedestrian using wheelchairs -difficult time rolling over Iarge changes in elevation. Changes in leveUelevation requirements.- * equirements. • Up to 6 mm (0.25 in) -can remain without beveling. • 6-13 mm (0.25 in -0.5 in) -bevel the surface with a maximum grade of 50 percent (1:2). • Greater than 13 mm (0.5 in) -remove or install a ramp with a maximum grade of 8.3 percent. Gaps, grates and other openings occur at railroad tracks, drainage inlets, air vents, tree grates, etc. Wheelchair casters, inline skating wheels, as well as bicycle wheels often get caught in openings and gaps wider than i2 inch or which are incorrectly aligned. In these cases there is potential for the person to be suddenly pitched forward. Walking aids such as canes and crutches can also get caught in grates and gaps. When the cane tip slips through an opening, the pedestrian can become unstable and risk falling. Grates should be placed within the planter/f imiture zone (See figure 1) away from the pedestrian travel area, and also away from the bottom of crosswalks and curb ramps. Gaps andgrates should be designed so that. • Openings do not allow the passage of 13 nun (0,5 in) sphere. • The long dimension of the opening is perpendicular or diagonal to the dominant direction of travel. The impact of trees on the sidewalk corridor-- trees are generally planted because they improve the pedestrian experience, improve the aesthetic appearance of the streetscape, serve as a visual and auditory buffer between pedestrians and traffic, provide shade, and may have a traffic calming effect. Trees need a minimum of 12 m x 12 rn (4 ft x 4 ft), They are also one oftbe IW City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. 3 Subject: Approve the 2011 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule Department: Administration Summary: A yearly meeting schedule assists everyone in the planning of activities necessary to complete the City's business. This year we have added the tentative budget meetings to this schedule. Although we are not able to pin point the exact day for the Budget Hearings, this provides Council Members with as much notice as possible. Submitting Department Head: Angela M. Apperson � Date: 1112212010 Attachment(s): Draft Schedule Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: j30 110 The City Manager recommends that City Council take the following action(s): Approve the Meeting Schedule. Approved by City Manager: David L. Greene D'V' Date: 6113 fo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral 2011 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule Agenda Cut-off at 4:30PM Agenda & Packet Due by Close of Business Council Meeting 7:OOPM unless noted 12/22/2010 12/28/2010 11412011 11512011 1/11/2011 1/18/2011 1/19/2011 1125/2011 2/1/2011 2/2/2011 2/8/2011 2/15/2011 2/16/2011 2/22/2011 3/1/2011 3/2/2011 3/8/2011 311512011 3/23/2011 3/29/2011 4/5/2011 4/6/2011 4/12/2011 4/19/2011 4/20/2011 4/26/2011 5/3/2011 5/4/2011 5/10/2011 5/17/2011 5/25/2011 5/31/2011 61712011 6/8/2011 6114/2011 6/21/2011 6/22/2011 6/28/2011 7/5/2011 N/A N/A 7/12/2011 - Budget Workshop 5:30 PM 7/6/2019 7/12/2011 7/1912011 7/20/2011 7/25/2011 * 81'112011' N/A N/A 8/9/2011 - Budget Workshop 5:30 PM 8/3/2011 81912011 8116/2011 8/24/2011 8/30/2011 9/6/2011 Week of Sept 4 _1 Oth— First Budget Hearing exact day TBD Note: Historically the Brevard County and School Board have met on Tuesday and Thursday. Florida Law does not allow the City to hold our meeting on the same day as them. 9/7/2011 1 9113/2011 1 9/20/2011 Week of Sept 18-14 th — Second Budget Hearing exact day TBD Note: Historically the Brevard County and School Board have met on Tuesday and Thursday. Florida Law does not allow the City to hold our meeting on the same day as them. 9/21/2011 9/27/2011 10/4/2011 10/5/2011 10/11/2011 10/18/2011 10/19/2011 10/25/2011 1'11'112011 11/2/2011 11/8/2011 11/15/2011 11/23/2011 11/29/2011 121612011 12/7/2011 12/13/2011 12/20/2011 *Denotes item deviates from the Standard Schedule Approved by Council: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. Subject: Approve Resolution No. 2010-35; Appointing a Second Alternate Member to The Library Board (Marilyn Nicholas). Department: Legislative Summary: A vacancy exists on the Library Board for a second alternate. Mrs. Marilyn Nicholas submitted an application to fill the position. At the November 9, 2010 Library Board Meeting, Mrs. Nicholas' application was reviewed. The Board recommended the vacancy be filled by Mrs. Nicholas. The term would expire on October 1, 2013. The City Council interview of the applicant is on this same agenda at the beginning of the meeting. Submitting Department Head: Angela Apperson Date: 11-24-10 Attachment(s): Resolution. No. 2010-35 Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: It ,o The City Manager recommends that City Council take t e following act on(s : Adopt Resolution No. 2010-35. Approved by City Manager: David L. Greene "` Date: tl�a��iQ City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-35 A RESOLUTION APPOINTING A SECOND ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to appoint a Second Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Marilyn Nicholas is hereby appointed as Second Alternate Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of December, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, CMC Robert Hoog City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. 5 Subject: Joint Purchase of Replacement Fire Apparatus with the Canaveral Port Authority Department: Cape Canaveral Volunteer Fire Department Summary: The current Pierce Pumper was wholly purchased by the City in 1978 and was refurbished in 1991. It no longer meets National Fire Protection Association (NFPA) requirements and retains little trade-in value. Some of its existing equipment will be removed and installed on the replacement pumper. The 2011 Pierce Pumper will be purchased in a 50150 partnership with the Canaveral Port Authority; the cost to the City is $229,050 (total cost: $458,100). This price includes a three percent discount for prepayment and if ordered by January 1, we avoid a three percent price increase of $6,872. $250,000 is budgeted for the Pumper and required equipment and will be funded utilizing Fire Reserves, budgeted annually for equipment and facility replacement. This is a piggyback purchase utilizing St. John's County Bid No. 07-53. The manufacturer requires approximately 180 days lead time to deliver and the unit should last 30 years. This item is scheduled for discussion at the 12/08/10 Port Commission Meeting. Submitting Department Head: Fire Chief Dave Sargeant Date: 11/29/2010 Attachment(s): Pierce bid book and copy of St. John's County Bid No. 07-53 are available for review in the City Clerk's Office. Financial Impact: While the Pumper will cost $229,050, additional equipment (radios, etc.) will be required to prepare the Pumper for use. $250,000 is budgeted for this replacement and Chief Sargeant assures this amount will cover all required expenditures. Reviewed by City Treasurer: Andrea Bowers Date: 130/10 The City Manager recommends that City Council take the following action(s): Approve joint purchase of replacement fire apparatus with the Canaveral Port Authority. Approved by City Manager: David L. Greene c9 `V-- Date: 11130 bio City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. - Subject: Ordinance No. 14-2010, Amending Chapter 54, Parks and Recreation, of the Code of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. Department: Community Development Department Summary: At the August 17, 2010 City Council meeting, David Patty appeared requesting to be permitted to sell his goods on the City's beaches. Consensus was reached to have Staff and the City Attorney further study the beach vending issue, provide a recommendation on how to allow beach or mobile vending within the City limits in some limited fashion. This Ordinance revises the commercial solicitation provisions of the Parks and Recreation Ordinance by allowing limited beach vending to be regulated as a City franchise. Solicitation on the beach areas has always been prohibited. If approved, this change will permit exemptions to that prohibition for franchises authorized by the Council. At first reading on September 21, 2010, Council declined to approve the Ordinance and instead directed that Staff research the cost and feasibility of holding a referendum vote of the City's electorate. At its October 5, 2010 meeting, during open discussion and audience input, the Council decided not to move forward with the referendum and directed that the matter be brought back for discussion at its next meeting. On October 19, 2010, the Council directed that certain revisions be made to the proposed Ordinance and that it be brought back for further discussion. It has been revised consistent with Council direction as follows: • Franchises limited to total of two (2) • Merchandise limited to food and non-alcoholic beverages only • Eliminated vendor appearance requirements The revised Ordinance was discussed at the November 16'h Council meeting. By consensus, the Council decided to place the item on the next agenda for approval at I" reading with revisions regarding minimum attire requirements and a prohibition regarding motorized carts/vehicles. Submitting Department Head: Todd Morley Date: 11/18/10 Attachment: Ordinance No. 14-2010 Financial Impact: Franchise Fees would be determined at time of award through competitive bid. Impact would be positive. Reviewed by City Treasurer: Andrea Bowers Date: ! I aq I to The City Manager recommends that City Council take t e following action(s): Approve Ordinance 14-2010 at first reading Approved by City Manager: David L. Greene �� `�''` Date:1 11,11 MA City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 14-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, OF THE CODE OF ORDINANCES; AUTHORIZING THE CITY COUNCIL TO AWARD FRANCHISES FOR COMMERCIAL VENDING ACTIVITIES ON THE CITY'S BEACHES BY COMPETITIVE BID PURSUANT TO CERTAIN REQUIREMENTS AND RESTRICTIONS; 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, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter provided that the use of the ocean beach for public recreational purposes was paramount to its use for any other purpose; see Ch. 63-1197, Article II, § 1(9), Laws of Fla ; and WHEREAS, consistent with this Charter provision, the City has traditionally restricted any commercial activities from occurring on its beaches; and WHEREAS, the City desires to permit limited commercial vending activities on its beaches in an effort to enhance and improve the experience of beach -goers; and WHEREAS, the safety, welfare and convenience of the persons that reside near the beaches of the City of Cape Canaveral and of the public that recreate on the beach are of the utmost importance to the City and to the City Council; and WHEREAS, it is the intent of this Ordinance to allow limited commercial vending activities on City beaches provided such activities do not adversely effect the safety, welfare and convenience of persons that reside near beaches and of the public that recreate on the beach; and WHEREAS, the City Council desires to permit commercial beach vending activities by franchise agreement pursuant to the conditions and limitations set forth herein; 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 City of Cape Canaveral Ordinance No. 14-201 C Page 1 of 6 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 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 54. PARKS AND RECREATION ARTICLE I. IN GENERAL Sec. 54-4. Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city: 1. All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots except as authorized by franchise apyeement pursuant to section 54-5 herein. 2. All public parking lots and facilities for beach or park access, including dune crossovers. 3. All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. Sec. 54-5. Commercial Beach Vendor Franchises. Reserves (a) Authority. The Cily Council may enter into franchise agreements Granting the right, privilege and franchise to use the sand beach areas within the City's jurisdictional boundaries to solicit, canvass or merchandise for the sale of food and non-alcoholic beverages. Said franchise agreements shall be for the purpose of a particular person or entity operating a City of Cape Canaveral Ordinance No. 14-2010 Page 2 of 6 commercial beach vending business in the City in conformity with, and subject to, all provisions, terms and conditions of this section. A person's or entity's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive and the City reserves the right to grant the use of its beaches to any person at any time during the period of any franchise awarded pursuant to this article. Award offranchise. All franchises granted hereunder shall be awarded by the City Council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of three (3) years and no more than two (2) franchises shall be in effect at any given time. In considering any bids submitted for a franchise under this section, the City Council shall consider the following criteria in addition to any criteria included in the bid specifications: (1) The effects the proposed franchise would have on the public's use and enjoyment of the City's beaches; The effects the proposed franchise would have on public safety; The performance history of the proposed franchisee, if any; The environmental impacts of proposed franchise activities; Public input; The ability of the bidder to comply with the minimum requirements of franchises under subsection (d); Q Theprices offered for the sale of food and beverages; and ( Any other criteria deemed relevant by the City Council. Lq) Franchise fee. The City Council shall impose a franchise fee upon any person or entity that enters into a franchise agreement with the City pursuant to this section. Minimum requirements o�franchisees. If the franchisee is _a_corporation or other entity, it shall provide documentation that it is duly registered to conduct business in the State of Florida. Franchisce shall provide the City with a detailed description of the scope of its proposed beach vending operation, including, but not limited to a description of the food and beverages to be sold; number and description of carts or other apparatus used to store or transport merchandise; name of each employee, and the proposed price of all merchandise. City of Cape Canaveral Ordinance No. 14-2010 Page 3 of 6 The principal of any franchisee and all persons conducting beach vending activities on City beaches shall be subject to a background check. The City reserves the right to refuse to award a franchise or to terminate an existing franchise in the event any principal or any person conducting beach vending activities on City beaches has been convicted of a felony within the past five (5) years. Franchisees shall be required to furnish a fully paid commercial general liability damage and food and beverage liability insurance policy. Such insurance policy shall be procured by the franchisee from a company licensed to do business in the state. The policy must protect the city, its officers, agents, and attorneys from any and all claims or damages to property and or bodily injury which may result from or in connection with any of the operations carried on by franchisee, list the City as an additional named insured, and provide for a deductible deemed acceptable by the City Manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida Statutes. Franchisees shall, to the fullest extent permitted by law, indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. Prior to commencing vending activities under an awarded franchise, franchisee must obtain and maintain in good standing all food, beverage, business tax and other local and state licenses. Franchisee shall fully comply with all terms and conditions of any franchise agreement with the City. (e). Manner and conduct o beachvendin . Beach vending authorized by franchise under this section shall only be authorized between the hours of 9:00 AM and dusk daily and shall be conducted in a manner that is consistent with the public's use of the beach as a passive and active recreational facility and with the public's expectation that activities and services provided on the beach will enhance one's enioyment of their beach experience. As such, no person or entity operating under a commercial beach vendor franchise shall: Solicit a person whose eyes are closed; Touch a person without consent during a solicitation; Continue a solicitation after receiving a negative response from the person solicited; City of Cape Canaveral Ordinance No. 14-2010 Page 4 of 6 Impede the free movement of any person; Operate a motorized beach vending vehicle or cart on the beach or within restricted areas; or Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. (f) Minim um Appearance/DressRequirements. Persons engaging in commercial beach vending shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque short pants covering the pelvic area around the waist and the upper art of the legs. The T- shirt shall prominently display the business name of the Franchisee. (g) Iden ti mcation requirements. Franchisees shall display their beach vending license so that it is visible to patrons, either -on their person or on their vending apparatus, at all times while engaging in commercial beach vending; The cart or other vending apparatus must display the prices for all items offered for sale. Location of commercial beach vending. Commercial beach vending shall be prohibited within the following areas: Within conservation areas dunes or other protected zones,• Within beach parking areas; Within pedestrian beach approaches; or Within 25 feet of any lifeguard tower or facility. Termination or -suspension of franchise. The City Council may terminate any franchise awarded under this section upon a finding that the franchisee has violated the provisions of this section or has defaulted under, or otherwise violated, the franchise agreement. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior 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 City of Cape Canaveral Ordinance No. 14-2010 Page 5 of 6 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code maybe freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2010. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog James Morgan ANGELA "PERSON, City CIerk Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 14-2010 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. Subject: Approval of Ordinance 18-2010, an Ordinance of the City of Cape Canaveral, Florida Amending Chapter 66, Article 111, Excavations, of the Code of Ordinances Related to Open Cutting of Roads or Streets, Permitting, Fees and Inspections; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation Into the Code; Severability; and an Effective Date Department: Community Development Summary: City Code requires a permit for all excavation work in the right-of-way. These revisions update and refine the requirements for performing and permitting excavation work, by: • Stressing the prohibition of open cutting except by special permission of the City Manager. • Creating a "designee" option for the City Manager to delegate permit approval authority. • Establishing a 10 -day appellate period. • Establishing a 90 -day permit expiration period. • Providing an automatic waiver for permit fees and deposits for work by City Staff, City Contractors on City projects and authorized Franchisees. • Authorizing the City Manager to waive permit fees and deposits. • Simplifying the deposit requirements. • Requiring an approved final inspection from the Public Works Department. Note: Revised Fee Resolution to be submitted at 2"d reading. Submitting Department Head: Todd Mor !K�. Date: 11/09/10 Attachment: Ordinance 18-2010 Financial Impact: Will save money by reducing Staff time required to obtain Council authorization. Reviewed by City Treasurer: Andrea Bowers Date: JI Jai 1 p The City Manager recommends that City Council ake the following action(s): Approve Ordinance 18-2010 at first reading. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 18 - 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 66, ARTICLE III, EXCAVATIONS, OF THE CODE OF ORDINANCES RELATED TO OPEN CUTTING OF ROADS OR STREETS, PERMITTING, FEES AND INSPECTIONS; 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, proper regulation to preserve the quality of paved roads and streets is important for the quality of life, safety and health of the residents of the City of Cape Canaveral; and WHEREAS, the City Council desires to update certain provisions of Chapter 66 of the City Code related to street excavations as set forth herein in order to update and refine the requirements for performing and permitting street excavations in the City; 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 66, Article III, Excavations, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and str-ikeeu� type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 66. It is intended that the text in Chapter 66 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE III. EXCAVATIONS DIVISION 1. GENERALLY *** City of Cape Canaveral Ordinance 18 -2010 Page 1 of 4 Sec. 66-65. Method of installation. All installations under or across paved streets or roads shall be made by boring and jacking, if pessible. Installation by open cut will be allowed by speeial permissie shall be prohibited, except as authorized in writing by the City Manager_ or the City Manager's designee. Any person who receives an adverse decision of the City Manager or the City Manager's designee may appeal such decision to the City Council within ten (10) days of receipt of the decision. All materials and workmanship shall conform to requirements established by the city, which will be available from the City Manager or his designee. DIVISION 2. PERMIT Sec. 66-81. Required. It shall be unlawful for any person to dig up, break, excavate, tunnel, jet, bore and jack, undermine or in any manner break up any street, highway, sidewalk or other public way or public grounds or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained a permit from the city. Permits issued under this article shall expire 90 days after issuance. See. 66-83. Fee. (a) A permit fee as set forth in appendix B to this Code shall be charged for the issuance of an excavation permit, which fee shall be in addition to all other fees for permits or charges relative to any proposed construction work. Excavation work performed by City Staff, by City contractors on City projects, or„pursuant to an approved franchise agreement shall not be subject to the permit fee. (b) The City Manager is authorized to waive permit fees for permits issued under this article, provided such work is requiredy the City* Sec. 66-84. Cash dDeposits. (a) The application for an excavation permit to perform excavation work under this article shall be accompanied with a e -ash deposit, for deposit with the City, in an amount set forth in appendix B to this Code made in for streets which have been paved and for eh exeava4ion to be made in streets which are not paved. Ne depasit shall be less f ..Y.,....b.,, ...-.., �.- .......-..-.a...... .tea ., ......... ...») ...».... »..... ...»a..,»-.. .. �... .,.... .. .J b.......». afid the per -son so depasitin Code, City of Cape Canaveral Ordinance 18 -2010 Page 2 of 4 shall fiet be required to fnake the speeial depesits pfavided in this seefien but shall, . Any speeialor genef:al deposit made under this section shall serve as security for the repair and performance of work necessary to put the street in as good condition as it was prior to the excavation, if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Excavation work performed by City Staff, by City contractors on City projects, or pursuant to an aunroved franchise agreement shall not be subject to the deposit requirements of this section. (b) The City Manager is authorized to waive the deposit required by this section for excavation work required by the City. (c) Upon the permittee's completion of the work covered by such permit in conformity with this article, as determined by the city, Elepesit, the balance shall be refunded by the city to the permittee upon the expiration of'a 12 menth the 90 -day permit period. However, the city may use any or all of such deposit to pay the cost of any work the city performs to restore or maintain the street if the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the city. Sec. 66-85. Inspections. All excavation work shall receive an approved final inspection from the Public Works Department. Failure to obtain an approved final insvection within the time frame specified in section 66-81 shall result in the City's utilization of the deposit required by Section 66-84. 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 necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance 18-2010 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2010. ATTEST: Rocky Randels, Mayor FOR AGAINST Bob Hoog Angela Apperson, City Clerk Jim Morgan First Reading: Legal Ad Published: Second Reading: 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 18-2010 Page 4 of 4 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1210712010 Item No. Subject: Ordinance No. 19-2010, amending Chapter 94, of the Cape Canaveral Code of Ordinances to allow for Historical Markers; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions: Incorporation into the Code; Severability; and an effective date. Department: Community Development Summary: The City is considering the creation of a historical marker program. This program will establish criteria to evaluate which properties are eligible for historical designation and create criteria for markers/signage to identify the historical properties. The current sign code does not allow for the types of markers or signs that would be used to designate historical sites. Staff is recommending that the sign code be revised to allow for historical markers by adding historical markers to the list of signs that may be erected without a permit: Section 94-4 Exemptions - (12) Subject to the criteria established in Section 94-61, historical markers located on public or private property that are part of a duly authorized local state or federal historical program. Historical markers will be subject to criteria such as size, location and number, which will be established as part of a local historical marker program. Submitting Department Head: Barry Brown-R�) Date: 11/29/10 Attachment: Ordinance No. 19-2010 Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 1 % �30� t,o The City Manager recommends that City Council take the following action(s): Approve the first reading of Ordinance No. 19-2010 which revises the sign code to allow for historical markers pursuant to criteria established in a historical marker program. Approved by City Manager: David L. Greene 60 1-)-� Date: 11/30/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 19-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO HISTORICAL MARKERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is currently considering implementing a local historical marker program in order to recognize places of historical significance in the City of Cape Canaveral; and WHEREAS, the City Council desires to amend the City's sign regulations as set forth herein to exempt historical markers from permitting requirements; and WHEREAS, the City's Local Planning Agency held a duly advertised public hearing on this Ordinance and recommended approval to the City Council; 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 94, Signs, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 94. SIGNS /:\_SII Y_[iI_�1_�l.l�.li;[ei.�1►!_� �7l_� *** Sec. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to aII remaining requirements of these regulations: City of Cape Canaveral Ordinance 19-2010 Page l of 2 Subiect to the criteria established in section 94-61, historical markers located on public or private property that are part of a duly authorized local, state or federal historical program. 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 necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section b. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12010. ROCKY RANDELS, Mayor ATTEST: For Against ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 19-2010 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/7/2010 Item No. q Subject: Approve Resolution No. 2010-33; Certifying the Results of the General Election of November 2, 2010; Repealing Prior Inconsistent Resolution; Providing for an Effective Date. Department: Administrative Summary: On November 4, 2010, the City Council approved Resolution 2010-32. After Resolution 2010-32 was approved, the official certified election results differed from those presented by one vote. Therefore, Resolution 2010-33 certifies the official election results and repeals the previously approved resolution. Submitting Department Head: Angela M. Apperson, Date: 11/22/10 Attachment(s): Resolution 2010-33, as revised and the Official Election Results. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: I The City Manager recommends that City Council take the following action(s): 1. Motion to consider Resolution 2010-33 and vote accordingly. 2. Motion to adopt Resolution 2010-33. Approved by City Manager: David L. Greene Date: 11 30 l� City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain RESOLUTION NO. 2010-33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 2, 2010; REPEALING PRIOR INCONSISTENT RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brevard County Canvassing Board serves as the canvassing board for City elections; and WHEREAS, the City Council desires to accept the County Canvassing Board's election results as set forth herein; and BE 1T RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Certification of Election Results. The City Council accepts the certification of the election returns as submitted by the Brevard County Supervisor of Elections for the General Election of November 2, 2010. (A) Candidates for City Council. The City Council certifies as proper the following election returns for candidates for City Council (vote for two), the whole number of votes cast was 5,276, of which number: Candidate Total Votes Richard Fischer 817 John Johanson 664 Jim Morgan 1,052 Leo Nicholas 653 Buzz Petsos 1,443 David Schirtzinger 647 (B) Referendum Items. The City Council certifies as proper the following election returns for the Referendum Items: 1. For Charter Amendment i — New City Charter the whole number of votes cast was 3,054, of which number: For Charter Amendment Against Charter Amendment City of Cape Canaveral Resolution 2010-33 Page 1 of 2 Received 1,875 Votes Received 1,179 Votes 2. For Charter Amendment 2 — Mayor and Councilmember Term Limits the whole number of votes cast was 3,208, of which number: For Charter Amendment Against Charter Amendment Received 2,230 Votes Received 978 Votes SECTION 2. This Resolution shall take effect immediately upon its adoption. SECTION 3. Repeal of Prior Inconsistent Resolution. Resolution No. 2010-32 is hereby repealed. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of December, 2010. ATTEST: Rocky Randels, Mayor Name For Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2010-33 Page 2of2 Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1210712010 Item No. 10 Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities Department: Legislative Summary: Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the League. Only the member municipality's elected officials, city manager, city attorney, city clerk and department heads are eligible to be a Voting DelegatelDirector and an Alternate. The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director is the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Mayor Pro Tem Hoog is the current Voting DelegatelDirector and Council Member Betty Walsh is the Alternate. Submitting Department Head: Angela Apperson Date: ITI Attachment: Supporting Documents Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: r 130110 The City Manager recommends that City Council take the following action(s): Designate a Voting Delegate and an Alternate. Approved by City Manager: David L. Greene `yam Date: C I%d glio City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain C(01rV E�� _ SPACE C04LST LEAGUE 01? Cffl ES �CAPE CANAVERAI. INJI)ALAMPIC CpCOA eNneAts taARTjbuk nFnl:H MELBOURNE BtTAC{i kC1CKtl}GF_,� COCOA BL'AQ1 INDIA 4 N MELnOUANL VILLAGE; SATEWTF Ht?ACH 01tAN'I' VALKAeeIA tM;t.,l3f4AI( PALM HAY TrrUS`VItYIT. PALMSHOurs WIM'Mr•.1 BOURNE: "CITIES OF BREVARD WORKMG 70GETHER" .. Appointment of Leeoule - 'Voting Delegate/Diirector The Bylaws of the Space Coast League of cities require the following: * Every December, the governing body of each member municipality mu- st appoint a Voting Delegate/Director and Alternate to the League. .Whi l : Only the member municipality's eieeW ofticiais, manager, attorney, clerk; anddepartmentkneads are eligible is be a 'yoking DelegatelDirector and Alternate. Any Voting Delagate/Direcior or Alternate who ceases to hold such a position -ceases at the same time to be a Voting Delegate/Dlrector or Alternate. E=Oto : The3 person appointed as Voting Delegate serves as both -the member municipality's Voting Delegate at membership meetings -and its representative to the Board of Directors. The Voting Delegate and ft Director area the same person. The sole function of the Memate for the Voting Delegate/Director is to vote in theabsence of the Voting DelegaWDirec;tor. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be Promptly certified in writing to the League Secrretary. * Because:: the number,of votes allocated- to'member municipalities for membership -meetings is based upon population, each member municipality must also certify its current population figures Men it certifies -its Voting Delegate3/Directo>J and Alternate. Accordingly, please provide and certify the information requested below and promptly to the League Executive Secretary at the address or fax number shown g tthe bottom of this page, Municipality Current Population.. Voting Delelgafe /Director Home Phone _ Alternate Voting DelegatelDirectot Date Appointed by Governing Body I hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing Information is correct. Date Submitted UR'nFY.PIR Munlexlpal Clerk'a Signature Printed Name 91)", C:frast L. OSS of Citk% 0 1600 Humin6ftrnt [ante ❑ Ruckledgc.1;1., 32955 ❑ FAX (321) 636-3193 L) Telcphone (32l) 636-99)6 ZO/Z0 3E)Vd SSVISN E6TESESTU 0090 0TOZ/8T/TT Fe�1-rx�i SPACE COAST LEAGUE OF CITIES CAPE CANAVeRAI. INVIAL,AP"IC ML•I_BOURNEBL•ACH ROCKLEMW I/ CCXOA INDIAN 17ARDUUR BEAC1{ MELBOURNE VILLA[;I; SA'1'Fl.l.}'I'G BEACH COCOA BF.ACII MALABAII PALM BAY 17TUSVILI-F ORANT-VALKARIA W.I.B011s.ml, 'PALM SI ORFS W1,.W MELBC1URN1'. "C17TES OF BREYARIa WORKING TOGETHER" November 16, 201 0 TO: FROM: Nancy Glass As Soon as your Municipality reorganizes, please complete the accompanying form. Note: For file purposes, I need a new form completed even if the director and alternate re- main the same. Thank you so very much. ( Page 1 of 2 pages) Sp;tce C"QaCE I'.e�Iguc nI' [";iti« ❑ I!(jp Nuillii7�n l:dllt: ❑ 121xk[txl��,1=1.32�)SS ❑ 1~AX (32l) G.3fi-311): p 1U�phcun f'3'2!) (i3fi-9�1 I ti Z0/i0 39dd SSV -19N E5IE9E91ZE 170-90 fli9Z/81/ZL City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/07/2010 Item No. Subject: Discussion of restoring local control of smoke-free air laws in the State of Florida. Department: Legislative Summary: Mayor Randels requested this item be placed for discussion after receiving a letter from Americans for Nonsmokers' Rights (ANR) regarding the preemption of smoke-free air laws in Florida. They are the leading national lobbying organization (501 (c) 4), dedicated to nonsmokers' rights, taking on the tobacco industry at all levels of government, protecting nonsmokers from exposure to secondhand smoke, and preventing tobacco addiction among youth. ANR pursues an action -oriented program of policy and legislation. ANR urges restoration of local control of smoke-free air and tobacco to Florida's communities by passing legislation deleting the existing line of preemptive code in state law. To support this initiative ANR suggests encouraging the Florida League of Cities to adopt a resolution in support of local control of smoke-free air. Formed in 1976, ANR's activities began with efforts to enact legislation to protect nonsmokers in the workplace and enclosed public places. ANR has promoted clean indoor air ordinances in thousands of communities and states, and assists countries and communities around the globe to enact smoke-free regulations. As of October 1, 2010, there are 3,173 municipalities with laws in effect that restrict where smoking is allowed. There are 902 municipalities; 32 states, 2 commonwealths, and at least 51 countries that have a 100% smoke-free provision in effect in workplaces, and/or restaurants, and/or bars. Submitting Council Member: Mayor Randels Date: 11-19-2010 Attachment(s): Letter from the Americans for Nonsmokers' Rights (ANR), Preemption of Smoke-free Air Laws in Florida flyer, and Sample Resolution Financial Impact: No immediate financial impact. Reviewed by City Treasurer: Andrea Bowers Date: 11 �q lo The City Manager recommends that City Counc a he following action(s): Discuss ,as requested by Mayor Randels. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved I I Approved with Modifications [ ] Tabled to Time Certain AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokefree air since 1976 November 1, 2010 Dear Florida Local Elected Official, ANR had the pleasure of attending last month's Florida League of Cities meeting, and hosting a booth irx the Exhibit Hall to share information about the need to restore local control of smokefree air and tobacco control issues to Florida's communities. Since 1985, Florida has been one of the few states that prohibits local governments from adopting ordinances to regulate smoking in workplaces and public places. At ANR, we f -nly believe that it is the right and responsibility of local elected officials to debate and adopt policies that protect health and safety in the community. Florida communities have fallen behind. Without the right to debate and adopt smokefree air ordinances, Florida communities have fallen dangerously behind the rest of the U.S. in protecting workers and the community from the known health hazards from exposure to secondhand tobacco smoke in workplaces and public places. Many of you who stopped by our booth were not aware that Florida communities'cannot adopt smokefree laws and -expressed surprise that the legislature has stripped local governments of this right to adopt public health policies.. In 1985, Florida stripped local governments of the right to address smokefree air issues, and the provision has been retained in subsequent revisions of state law, including the 2003 Florida Clean Indoor Air Act, which was adopted as a constitutional amendment. The preemptive provision states: "This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject." Florida Statutes Chapter 356.201 et seq. How can local control be restored? The legislature can pass a law to restore local control of smokefree air by deleting the existing line of preemptive code in state law. One concrete way you can help support local control for this important public health issue is to encourage the Florida League of Cities to adopt a resolution in support of local control of smokefree air. The Florida League of Cities already has resolutions in support of many other local control issues, and it would be a powerful statement for them to also adopt a resolution for this issue. A second way you can help support local control for smokefree air is for your City Council or County Commission to adopt a resolution (sample enclosed) asking the Florida Legislature to 2530 San Pablo Avenue, Suite J . Berkeley, California 94702 . (510) 841-30321 FAX (510) 841-3071 wuvw.no-smoke.org . am@no-smoke.org restore local control. If your city or county does adopt a resolution, please send us a copy, as we would Iike to track the growing support for local control in Florida. Another way to get involved is to connect with other people in Florida who are interested in restoring local control. One of the organizations within Florida that actively supports restoring local control is the Tobacco Prevention Network of Florida, and we encourage you to contact them at or 877-672-8222 or through their website at hqp:l/tobaccopreventionnetwork.com/. If you are interested in learning more, please see the enclosed brief entitled Preemption of Smokefree Air Laws in Florida. It provides an overview about the history of preemption in Florida, its negative impact on public health, why it's important to restore local control of smokefree air to Florida's communities, and helpful suggestions on how policy makers Iike yourself can get involved in the efforts to restore local control. You can also find this brief on our website at http://www.no-smoke.orgZpdf/Florida preemption factsheet 2010.pdf If you have questions, or suggestions on how to collaborate on moving this issue forward, please feel free to contact ANR at 510-841-3032 or anrnno-smoke.or. Sincerely, Bronson Frick Associate Director Americans for Nonsmokers' Rights Liz Williams Pfoject Manager Americans for Nonsmokers' Rights Preemption of Smokefree Air Laws in Florida Florida's history of preemption: The tobacco industry's test case In 1985, Florida became the first state to strip local governments of the ability to adopt laws that restrict smoking in public places and workplaces. Preemption of tobacco control issues its the tobacco industry's #1 legislative goal. The industry knew that if local governments adopted smokefree laws for workplaces and public places, people would have fewer opportunities to smoke and would buy fewer cigarettes. The industry's bottom line was in trouble. So, Florida -was hand-picked as 4913t -me test case to see how viable preemption could be as a means to halt local communities' progress on smokefree air. Unfortunately for Florida, the 1985 law showed just how effective preemption is at preventing local smokefree air progress. The law overturned Florida's existing local laws, and no community in Florida has been able to adopt a smokefree air law in 25 years. Is not having local control a problem? Didn't Florida enact a statewide Clean Indoor Air Act in 2003? Unfortunately, yes, not having local control is a problem. In 2003, Florida voters approved a law for smokefree restaurants and workplaces, but it still permits smoking in bars, music venues, and other hospitality workplaces. Due to preemption, communities cannot heed public demand to close these loopholes in the state law. Local policymakers also are not permitted to adopt laws for outdoor areas where people are exposed, like restaurant patios, beaches, playgrounds and parks. Now is the time to restore local control to Florida's communities. And you can help. Did you know? Because of preemption, Florida communities cannot adopt laws to bring smokefree air to: • Ba rs • Restaurant and bar patios • Music venues • Outdoor workplaces • Beaches • Parks • Recreation areas • Health care campuses Or any other indoor or outdoor public places or workplaces not covered by the 2003 Florida Clean Indoor Air Act. It is the right and responsibility of local governments to address health and safety concerns in their communities. Percent of Population Covered by 100% Smokefree Restaurant AND Bar Laws in effect as of July 5, 2010 I-, r Preemption al Lodi Resta Grant and Bar Laws P - H..a. Prfempt:an: [_nnot Fas- lacal la:is SMICXommonrwea7tn Population with tOq=d SM074etree Re5nwrant AND Sar Law The Health Impact of Preemption on Finririn'c i'nn-9miinitip.s Secondhand smoke exposure remains a leading cause of preventable death and disease in the United States. Employees in many worksites throughout Florida are still breathing toxic tobacco smoke on the job. While communities around the country have been making progress to protect their workers and the public from secondhand smoke exposure, Florida communities have been unable to take action and are now dangerously behind the curve. ANR has heard from bartenders and musicians in Florida who want the air to clear in bars; restaurant patrons who want breathe easy when dining on patios; and city council members who want to heed their local coalition's call for cleaner, healthier recreation areas like parks and beaches. The time has come for Florida to restore local control so local elected off=icials can work with their communities to adopt smokefree air laws that help create cleaner, healthier, more vibrant places to work and play. www. protectlocalcontrol.org Florida has been left behind and the gap is growing... 63% of the U.S has stronger smokefree air laws than Florida. Thousands of workers in Florida are still exposed to secondhand smoke on the job. Why is restoring local control important? Local control lets local policymakers respond to their communities' demands for protection from second- hand smoke exposure where they work and play. Meaningful community change: Local control is powerful because a change process unfolds as a community debates the issue of second- hand smoke. The community gains an increased understanding of the health risks associated with secondhand smoke, resulting in strong community support for a law protecting nonsmokers. Ease of enactment: Strong smokefree air laws are much easier to enact at the community level because local policymakers are most responsive to the concerns of their constituents and are less influenced by tobacco industry lobbyists and campaign contributions. Ease of enforcement: Laws enacted at the local level are also easier to enforce. The community understands why the law is needed so compliance rates are generally higher, and enforcement agencies are more accessible and responsive. Tobacco Industry Promotion of Preemption "By introducing preemptive statewide legislation we can shift the battle away from the community level back to the state legislatures where we are on stronger ground." -Tina Walls, Philip Morris, July 1994 "We could never win at the local level ... So the Tobacco Institute and tobacco companies' first priority has always been to preempt the field, preferably to put it all on a federal level, but if they can't do that, at least on the state level." -Victor L. Crawford, Tobacco Institute, 1995 "While we're not married to any part- icular form of preemption language, we're dead serious about achieving preemption in all 50 states." -Tina Walls, Philip Morris, July 1994 What can local policymakers do to help restore local control? Mx=h_1L= FOR BINMATE RREASE A City Council or County Commission can �F47ro4�;�: support restoring local control in several ways: Sign a "Resolution to Restore Local Control" New Orleans City Council asks Louisiana Legislature to that asks the Legislature to return local control. Restore local control over clean indoor air You can find a sample resolution on the Florida I page of www.protectlocalcontrol.org Ask the Florida League of Cities to adopt a policy position on local control for smokefree air. Collaborate with local tobacco control coali- tions and public health groups to help increase awareness and public demand for local control. • Contact your state legislators to discuss how restoring the right to address tobacco control concerns benefits communities and is an appro- priate and needed function of local government. After a preemptive law is enacted, it can take many years of planning and strategic effort to restore local control. Today is a great day to start lending your support to the effort! 4 Call ANR at 510-841-3032 for assistance and sample materials. States that, restored local . control 6, smkefree air: , ,.. &a E. Louisiana A.Illinois,' NewJerey .. Iowa • Nevada " ' • Oregon,', THE CITY OF WAUKEE, IOWA RESOLUTION 07-176 REQUESTING TIME IOWA GENERAL ASSEMBLY AND THE GOVERNOR OF THE STATE OF IO%VA PASS LEGISLATION ALLOWING LOCAL CONTROL OF SMOKING IN PUBLIC PLACES Ask the Florida League of Cities to adopt a policy position on local control for smokefree air. Collaborate with local tobacco control coali- tions and public health groups to help increase awareness and public demand for local control. • Contact your state legislators to discuss how restoring the right to address tobacco control concerns benefits communities and is an appro- priate and needed function of local government. After a preemptive law is enacted, it can take many years of planning and strategic effort to restore local control. Today is a great day to start lending your support to the effort! 4 Call ANR at 510-841-3032 for assistance and sample materials. We're online! www.protectlocalcontrol.org Fast f=acts about Local Control: You should have the right to determine the standards for your community. • Local elected official have the right and responsibility to protect the health and safety of their communities, including protecting against the harmful effects of toxic secondhand smoke. • More than 3,100 local governments throughout the country have adopted smokefree air laws. • The vast majority of states do not preempt local smokefree air legislation. • Seven states have successfully repealed preemption and restored local control of smokefree air. • The tobacco industry's chief legislative strategy to prevent smokefree air progress is the preemption of local authority to regulate smoking in public places. • Preemptive state laws have a devastating effect on tobacco control efforts and on the public health of the states' residents and workers. Local communities c should have choice .......................................... "The tobacco industry clearly recognizes preemption as their best tactic against tobacco control. We know this through their behavior and through recently leaked internal docu- ments ... The only answer is NO PREEMPTION, ever. There's never a benefit to the public from preemption, and there's always a cost." - Americans for Nonsmokers' Rights UPDATE, Winter 1992 AMERICANS I&r NONSMOKERS' RIGHTS smoke_ "Target: "Eliminate laws that preempt stronger tobacco control laws... Retain year 2000 target" to "[deduce, to 0 the number of States that have clean indoor air laws pre- empting stronger clean indoor air laws on the local level." - U.S. Department of Health and Human Services Healthy People 2010 Objectives, November 2000 This publication was produced by Americans for Nonsmokers' Rights. For more information, please visit ANR online at www.no- smoke.org or www.protectlocalcontrol.org, or contact ANR at 510-841-3032 and am@no-smoke.org. Defending your right to breathe smokefree air since 1976, =AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokefree air since 1976 Sample Resolution for Florida Municipalities to Restore Local Control 2010 Whereas numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer; and Whereas the 2006 U.S. Surgeon General's report, "The Health Consequences oflnvoluntaryExposure to Tobacco Smoke, " concluded that there is no risk-free level of exposure to secondhand smoke; ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; smokefree workplace policies are the only effective way to eliminate secondhand smoke exposure in the workplace, and evidence from peer-reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry; and Whereas the World Health Organization has determined that there is no safe level of exposure to secondhand tobacco smoke, a pollutant that causes serious illness in adults and children, and in 2007 declared that there is indisputable evidence that implementing 100% smokefree environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and Whereas the National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of 53,000 Americans annually; and Whereas the Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen; and Whereas the California Air Resources Board has identified secondhand smoke as a toxic air contaminant, an outdoor air pollutant which may cause and/or contribute to death or serious illness; and Whereas outdoor tobacco smoke levels measured in outdoor cafes and restaurant and bar patios near smokers rival levels of indoor tobacco smoke, and nonsmokers spending six -hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smokefree outdoor area; Whereas secondhand smoke is particularly hazardous to individuals with cardiovascular disease, individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease, and elderly people; and Whereas children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, physical and cognitive developmental abnormalyties, and cancer; and Whereas data consistently demonstrates that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks; and Whereas local governments have both the right and the responsibility to adopt laws that protect the health and safety of their residents; and 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-30321 FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org Whereas the people in local communities should have the right to protect themselves against the harmful effects of secondhand smoke; and Whereas more than 3,100 local governments throughout the country have successfully implemented smokefree air laws to protect people against the harmful effects of secondhand smoke; and Whereas the tobacco industry, in an effort to negate such local legislation, has long had as its chief legislative strategy the preemption of local authority to regulate tobacco; and Whereas preemptive state laws have a devastating effect on tobacco control efforts and on the public health of the states' residents and workers; and Whereas the vast majority of states do not preempt local smokefree air Iegislation; and Whereas multiple states have successfully overturned preemption and restored local control to enact and enforce smokefree air laws; and Whereas Florida has had a preemptive state law since 1985, which prohibits local governments from enacting laws that restrict smoking in any indoor or outdoor settings, such as workplaces and public places, or that restrict the marketing, advertising, and point of sale of tobacco products; and Whereas 63% of the U.S. population lives in cities or states with smokefree bar laws, while Florida bars remain smoke-filled and their employees and patrons remain unprotected from secondhand smoke because of the preemptive state law; and Whereas protecting people from the harmful effects of secondhand smoke is best accomplished by local communities working directly with the people most affected by smokefree air laws; and Whereas the Florida Legislature should not deprive local governments of the authority to protect people from the harmful effects of secondhand smoke; Now, therefore, be it resolved that the [Municipal Entity] urges the Florida Legislature to repeal the state's preemption of local smokefree air and other tobacco -related laws, and restore the right of local governments to enact and enforce smokefree air and other tobacco -related laws. And be it further resolved that the [Municipal Entity] strongly encourages other local governmental entities in Florida to adopt similar resolutions. Name Signature Title Date