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Packet 12-02-08 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX Polk Avenue, Cape Canaveral, Florida TUESDAY December 2, 2008 7:00 PM AGENDA PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Operational Plan for ECSC/NASA, by Mr. Ron Morgan REPORTS: City Manager Staff City Council Wjjqj#ZL*L*E%_j Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. MA -6 a !. I 1!111_1 j 0. 2. Outdoor Entertainment Permit for the 13th Annual Reindeer 5K RunNValk for United Way. 105 Polk Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 ® SUNCOM: 982-1220 • FAX: (321) 868-1248 www.rn-yflorida.com/cape ® e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 2 of 2 ORDINANCE: Second Public Hearing: 3. Motion to Approve: Ordinance No. 09-2008; Adopting a Public School Facilities Element. ORDINANCE: First Public Hearing: 4. Motion to Approve: Ordinance No. 11-2008; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09-30-08. 1 1 *191 11111,111.111 5. Motion to Adopt: Resolution No. 2008-32; Urging the Florida Department of Transportation to Consider All Multi -Modal Transportation Options for SR 528 between SR 520 and Port Canaveral in the 2035 Strategic Intermodal System Highway Plan and the Evaluation of the Impacts to SR A1A. CONSIDERATIONS: 6. Motion to Approve: Appointment of a Voting Delegate and an Alternate to the Space Coast League of Cities. 7. Motion to Approve: Customer Service Standards, Master Calendar, and Performance Measurement. 8. Motion to Approve: State of the City Report. 9. Purchase of the Fire Department Property Located at 190 Jackson Avenue. 10. Interlocal Agreement with Brevard County for N. Atlantic Avenue & Central Blvd. 11. Ocean Woods Storm Water System. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Presentation Item Exhibits Attached: No. City Manar's O _ ce ' AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: OPERATIONAL PLAN FOR KSC/NASA BY RON MORGAN DEPT/DIVISION: LEGISLATIVE Requested Action: The Operational Plan for KSC/NASA will be presented by Ron Morgan as requested by Mayor Randels. Summary Explanation & Background: N/A. Exhibits Attached: Mayor's request City Manar's O _ ce ' Department LEGISLATIVE _ Leap =nt\ki currents\admin\council\meeting\2008\12-02-08\KSC.doc Bennett Boucher From: Kim McIntire [mcintire-cape@cfl.rr.com] Sent: Tuesday, November 25, 2008 10:20 AM To: Bennett C. Boucher Subject: Agenda Item from Rocky He would like to have Ron Morgan placed on the agenda. He will be presenting the Operational Plan for KSC/NASA. Kim M. McIntire Executive Assistant to City Manager City of Cape Canaveral 105 Polk Ave Cape Canaveral, Fl. 32920 Phone 321-868-1230 Fax 321-868-1224 mcintire-cape@cfl.rr.com www.myflorida.com/cape Please consider the environment before printing this e-mail 1 Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Board Interview Item on November 17, 2008 and by unanimous vote was recommended for appointment by the City Council as a No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERVIEW OF PROSPECTIVE COMMUNITY APPEARANCE BOARD MEMBER DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Interview and appoint a prospective Community Appearance Board member, Judi Cameron. Summary Explanation & Background: Judi Cameron has applied to serve on the Community Appearance Board. She was interviewed by the C'AB on November 17, 2008 and by unanimous vote was recommended for appointment by the City Council as a regular member of the CAB. Exhibits Attached: Application for Appointment to City Advisory Board or Committee. City Man�s�ffice -------- Department Community Development Department City of Cape Canaveral Date: November 21, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Randy Wasserman, Chairperson Re: Recommendation to City Council Appointment of a Regular Board member Judi Cameron At the Community Appearance Board meeting, held on November 17, 2008, the Board interviewed Judi Cameron as a potential Board member. By unanimous vote, based on her knowledge and expertise for detail, the Board recommended that Judi Cameron be appointed bv_ City Council, as a Reaular Board member, not as an Alternate. v Please schedule this item for the next City Council meeting agenda. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name 2. Home Address: 3. Home Telephone: t L 4. Occupation: 5. Business Telephone: /� 6. Business Address: s-� r A# n--: 7. G ! t 1 �- co - B c. B. ELIGIBILITY The infomriation provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. _bh 4a. if yes to 3a, have your civil rights been i restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (N) (Y)(N)-4=:.-- (`r`} (til} 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? ea. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? WE (Y).—� (N) (Y) (N)-!� If yes to 6a, please provide name(s) of person(s) and relationship to you: INTERESTSIEXPERIENCE board or committee: Briefly state any prior experiences in on any governmental board or committee: Please list any specialized skills and training (e.g., archvtec , engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Hoard b. , Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f Construction Board of Adjustment and Appeals* g= Library Board h. Planning and Zoning Board* i. Recreation Board i. tither: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311:326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: ® Initial appointment to any City board is subject to City Council approval following a brief interview before the City Councif at a regularly scheduled meeting. = Your application will remain effective for one year from the date of completion. s If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: ®ate: �' '� j_ �/0 '9 Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 2008 7:00 PM AGENDA CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Planning & Development Director Barry Brown Mr. Richard Worley of Banyan Way in Ocean Woods, addressed the storm sewers on Banyan Way, Oleander Way and Palm Way in the Ocean Woods community. Mr. Worley stated how representatives from Ocean Woods had previously asked the City Council for assistance with this issue. Mr. Worley stated that the Ocean Woods residents pay a $3.00 Stormwater Fee and they were seeking assistance from the City to make needed repairs. Mr. Worley requested for the City Council to address this issue on an upcoming Agenda. Mayor Randels affirmed that the President of the Ocean VVoods Homeowners' Association had addressed this matter at previous City Council Meetings. Mayor Randels informed that Ocean Woods was a private development and therefore responsible for its own infrastructure. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 2 of 11 Mr. Worley distributed information depicting a City easement from the residence to the street. Mr. Boucher requested that Council seek a written letter from the Ocean Woods Homeowners' Association regarding Mr. Worley's request. Mr. Boucher related that the Association President had declined to perform a study to identify the needed repairs. Ms. Roberts asked if other storm related issues could be addressed prior to hearing from the Ocean Woods representatives on this issue. Mr. Petsos requested that the City Manager seek Public Assistance Grant Funding from FEMA for the Ocean Woods residents. Ms. Roberts pointed out that Special Assessments to repair infrastructure were a part of the Homeowner Association fees. Mr. Boucher informed that he provided the FEMA representative with a contact person on the Ocean Woods Homeowner's Association staff. Mr. Worley stated that Tropical Storm Fay did not cause the pipe failure. He stated that the failing system was due to rust. Mr. Worley informed that he was representing the Homeowner's Association since Mr. Stevens was unavailable in the evening hours. • Mr. Ray Osborne presented a signed copy of his book, Images of America: Cape Canaveral, to the Council and requested that the City keep it as part of its archives. The book was given to the City Clerk. REPORTS: City Manager • Mr. Boucher informed that the North Atlantic Intersection project was scheduled to begin on December 1 st. Brevard County project management would post the directional signage. Ms. Roberts mentioned previous discussions on the possibility of closing one lane at a time during the project. The City Manager stated how this was not feasible at critical junctures in the project. He affirmed for Ms. Roberts that there would be a communication strategy to inform impacted residents within one week prior to any read closings. Mr. Petsos requested a copy of the project schedule from Staff. • Mr. Boucher reported on the six percent sewer rate increase. He explained that property owners would be formally notified in December and the billing would be reflected in the February 2009 bill. • Mr. Boucher also reported on the five percent garbage rate increase. Mr. Boucher replied that a notice would appear in resident's upcoming utility billing. Mayor Pro Tem Hoog asked if there were anticipated negotiations prior to the rate increase. Mr. Boucher stated that the Waste Management Agreement expires as of September 30; 2009; however, discussion could occur prior to the rate increase. The rity NAA ager : lni dd seek +n Hier i 1cc +ho rn+n innrogco xAA+h 1AI--+- lv -1- JJ U 1 1ULl, 11 IVI GCGJG VV111I VVQJIG Management. ® Mr. Boucher informed that the City of Cocoa passed a Resolution for municipal representation on the Cocoa Utility Advisory Board. Mr. Boucher informed of an upcoming Utility Advisory Board meeting on November 19th to discuss the City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 3 of 11 proposed charges for the backflow devices. Mr. Boucher informed that the vacant resident unit policy of not billing changed to billing for unoccupied units and this would subsequently impact condominiums with vacant units. Mr. Petsos emphasized the importance of addressing City of Cocoa's proposed backflow device charge as this would duplicate the charge imposed by the City. • Mr. Boucher announced that the Beach Rake Cleaning training would occur on Wednesday morning, November 19th at 10:00 A.M. Council was encouraged to attend. Mr. Boucher informed how Mayor Randels thanked Mr. Artie Strickler of Stinger Fiberglass who donated $4,500 toward the model shuttle. Ms. Roberts added that the Beautification Board suggested placing an honorary plaque in front of the model shuttle to commemorate the Space program and also to thank those who worked on the model shuttle. STAFF Public Works Director • No report. Recreation Director • No report. City Treasurer • No report. Building Official • No report. City Clerk • No report. City_ Attorney • Attorney Garganese reported that Judge Moxley denied Coastal Fuels request for an Emergency Injunction and Writ of Mandamus. This case involved a Stop Work Order issued by the Building Official because Coastal had not obtained a building permit prior to commencing the work on Asphalt tank, No. 4. After Coastal submitted a building permit application, the City later determined that the Coastal property was a non -conforming use and the intended work was prohibited under the non -conforming use provisions of the City of Cape Canaveral Code of Ordinances. In sum, the Judge made several important findings: - The Court found that although petroleum storage tanks were previously allowed In u►e City by Special Exception under the City's Zoning Code, Ordinance No. 01- 2007, enacted February 20, 2007, deleted such uses as Special Exceptions and made Coastal's facility a Non -conforming use; City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 4 of 11 - The Court further found that, based on the testimony provided at the hearing, the work on Tank 4 was nothing other than reasonable routine repair and maintenance authorized to be performed on a structure devoted to a non- conforming use by Section 110-198 of the City Code. Further, Coastal's legal argument that Florida Statutes 526.143 and 526.144 preempted the City's authority under the building and zoning code was rejected by the Court. Coastal Fuels' deadline for filing a Motion for Rehearing would be Monday, November 24th; and Council could hold an Attorney -Client Session to discuss any further legal strategy. Ms. Roberts agreed that the Council should meet for an Attorney -Client session. Mr. Nicholas reminded that he would not be on the Council after this evening and Mayor Randels would need to ask Ms. Walsh when she would be available. Attorney Garganese stated that he would seek a Court Reporter. He informed that a 24-hour Notice was not required for an Attorney -Client session. Mr. Petsos informed that he would not be available unless it was scheduled around 5:00 P.M. Council Members agreed to meet for an Attorney -Client Session on Friday, November 21St at 2:00 P.M., related to Coastal Fuels versus the City of Cape Canaveral. CITY COUNCIL Council Member Roberts • Ms. Roberts thanked Mr. Nicholas for his leadership and guidance during his tenure. • Ms. Roberts requested an item to make a decision related to the State of the City Report for the December 2nd meeting. She requested a written handout to summarize the City's accomplishments and an oral presentation from either the Mayor or the City Manager at the City Council Meeting on January 20, 2009. • ivis. Roberts requested a City Master Calendar to include City Council activities related to the Sign Code; upcoming Workshops; a sidewalk Master Plan; and a Community Center. Ms. Roberts also requested to include in the Master Calendar upcoming Staff and Board activities. Ms. Roberts requested to place this on the December 2nd City Council Meeting. • Ms. Roberts requested to discuss the following subjects: - Development and Use of Customer Service Standards (to help improve ri ictnmPr carvirtal - Development and Use of Metrics (to help develop workload data and improvement trends) Use of Project Management Tools and Software (to help develop schedules, associated costs and completion timelines for major City projects) City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 5 of 11 - Use of Process Mapping (to help baseline and illustrate processes, determine timelines, identify key players, including our customers, improve communications with customers and develop process improvement goals) Mayor Randels suggested that Ms. Roberts give these items to the City Manager to prepare them for the next City Council Meeting. Ms. Roberts asked if there were a status report from Mr. Phil Laurien. Mr. Boucher replied that discussion of the terms for Mr. Laurien's assistance was in progress. Council Member Leo Nicholas Mr. Nicholas related that Library Board Members had expressed concern regarding the amount of storage space needed in the Library Meeting Room. Mr. Boucher responded that he had discussed the Members' concerns earlier that day during the Library Board Meeting. Once completed, he would present a report on that meeting. Council Member Buzz Petsos • Mr. Petsos addressed inoperable street lights. He informed how Florida Power and light took 15-20 working days to repair lights and there were approximately 12 lights out in the City according to his count. Mr. Petsos requested a rebate from the lights that remain out for an extended period. Mr. Nicholas informed that this type of rebate was given to the City of Rockledge. • Mr. Petsos thanked the Recreation Director for the successful Brevard County Sheriffs Office Pal Event held on Saturday, November 15th. • Mr. Petsos encouraged the continuance of the Sign Code meetings in order to come to a conclusion. Mr. Petsos acknowledged that Council had received sign related information from Mr. David Shirtzinger and he encouraged them to read what was provided. • Mr. Petsos asked if anyone had information related to a park dedication on behalf of Mr. Rodney Ketcham at Canaveral Port Authority. Mr. Petsos requested that Staff obtain this information. The City Manaqer took note. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog thanked Mr. Petsos for his efforts on the street lights. Mr. Boucher replied that lighting in the Manatee Park area would be installed by the first week of December. Mayor Pro Tem Hoog agreed with Mr. Petsos on the lighting charge rebate concept. Mayor Pro Tem Hoog suggested that the Citizens Observer Patrol assist in identifying street lights that were out. _ vAayor Pro Term Hoog referred to the North Atlantic Avenue area project and the potential difficulty for emergency service access. Mayor Pro Tem Hoog recommended not closing both ends of the road. ® Mayor Pro Tem Hoog thanked Mr. Nicholas for his work with the Council and he welcomed Betty Walsh as the new Council Member. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 6 of 11 Mayor Rocky Randels • Mayor Randels informed that Mr. Don Williams recommended convening the City's Peacock Committee to determine the number of peacocks and if it were time for thinning of the population. Mr. Boucher explained that the Peacock Committee had decided that it was a Homeowner Associations' responsibility to humanely trap and relocate the peacocks. Ms. Roberts brought out how South Florida was using a birth control method to control the peacock population. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 21, 2008. 2. City Council Special Meeting Minutes, Certifying Election Results of the General Election, of November 6, 2008. 3. Resolution No. 2008-34; Appointing a Regular Member to the Recreation Board, Stephanie Robinson. 4. Resolution No. 2008-35; Appointing an Alternate Member to the Business & Cultural Development Board, Paul Pritchard. 5. Outdoor Entertainment Permit for Veterans of Foreign Wars Post 10131, Pearl Harbor Day Commemorative Service BBQ Picnic. 6. Proclamation: Family Month Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. Mr. Lefever clarified that Ms. Robinson would be a Regular Member not an Alternate Member of the Recreation Board. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels. For and Ms. Roberts. For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 7 of 11 CONSIDERATION: 7. Motion to Approve: Health Insurance Renewal with Health First, Inc. Ms. Roberts related some employee concerns about the absence of City sponsored dependent insurance coverage. She suggested negotiating for a type of discounted dependent coverage rate with Mr. Bill Ellis of the Health First Corporate Office. Ms. Roberts also addressed combining with other Brevard County cities through the Space Coast League of Cities to obtain discounted health care coverage for dependents. Mayor Pro Tem Hoog stated that he would bring this issue up at a Space Coast League of Cities meeting. Ms. Roberts asked if a modification were needed to the Motion for the City Manager to negotiate a rate with the Health First Representative. No amendment was needed since any discussion of the dependent coverage rate would not affect this year's Plan renewal. The City Manager took note to speak with the Health First Representative at the Open Enrollment Session on November 19th related to obtaining a discounted rate for employee dependant coverage. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Health Insurance Renewal with Health First, Inc. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Approve: Replace (4) Stormwater Inlets Within the Harbor Heights Subdivision. Mr. Ratliff stated that he was seeking funds to install (4) four Inlets due to failing infrastructure related toTropical Storm Fay. Mr. Nicholas addressed a collapsed curb at the entrance of Harbor Heights. Mr. Ratliff clarified that the curbs he described were small inlets located throughout Harbor Heights. Mayor Pro Tem Hoog stated that Stottler, Stagg and Associates recommended to add inlets. Mr. Ratliff explained that his plan was to incr ease the size of the existing inlets. Mr. Lamar sar Russell, of Harbor Heighns, stated that the approach in discussion was not to fix the overall system at this time but to address a specific problem. Mr. Russell explained how he had cleaned obstructed inlets every hour during the Storm event in order to keep the water flowing. Mr. Bandish added that Streets Department staff also cleaned the inlets. Mayor Pro Tem Hoog emphasized that his question addressed the difference in what Stottler, Stagq recommended and what Mr. Ratliff planned to do. Mr. Bandish stated_ ho_ w the plan would triple the inlets' capacity. Ms. Roberts stated that flooding needed to be addressed related to the City as a whole since other areas were also impacted with flooding problems. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 8 of 11 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to, Approve the Replacement of (4) Stormwater Inlets Within the Harbor Heights Subdivision in the Amount of $22, 281 to Atlantic Development. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTION: 9. Motion to Adopt: Resolution No. 2008-32; Supporting the Inclusion, as an Option, the Widening of SR528 in the 2035 Strategic Intermodal System Highway Plan. Attorney Garganese read Resolution No. 2008-32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF THE BREVARD METROPOLITAN PLANNING ORGANIZATIONS' RESOLUTION NO. 09-03 RECOMMENDING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADD STATE ROAD [SR] 528 IN THE 2035 STRATEGIC INTERMOCAL SYSTEM PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained how the previous discussion of this Resolution resulted in an Amendment to the language related to the proposed road widening. Mayor Randels stated that the Council's intent through this Resolution would include State Road 528 in the Space Coast Metropolitan Planning Organization's 2035 Strategic Intermodal System Highway Plan. Mr. Petsos commended the City Manager for his attempt to draft an amendment; however, he suggested the following language in the Whereas clause, "to consider "all" other multi -modal transportation options " rior' to the widening of State Road 528." Mr. Petsos requested that the Resolution title also reflect the same language. Mr. Nicholas emphasized the need for a traffic study related to the proposed road widening due to the anticipated level of increased traffic. Mayor Randels also noted for the City Manager to amend the Whereas clause to address that State Road 528 enters State Road AIA at Port Canaveral and therefore impacts the City of Cape Canaveral. Ms. Roberts pointed out that cargo trucks were also anticipated on the roadway which would further impact the City. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Table Resolution No. 2008-32 Until the Next Regularly Scheduled City Council Meeting. The Motion to Table carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 9 of 11 PRESENTATION: LEO NICHOLAS Mayor Randels recognized Mr. Nicholas for his contribution to various City projects. Mr. Nicholas expressed his satisfaction in working to preserve the City's Library and develop its public parks. Mr. Nicholas stated that he would continue to participate on City Boards and contribute to City activities. Mr. Nicholas commended the City Boards for their work. In conclusion Mr. Nicholas personally thanked each City Council Member and welcomed Ms. Walsh to the Council OATH OF OFFICE: Robert Hoog, Mayor Pro Tem Attorney Garganese administered the Oath of Office for to incumbent Mayor Pro Tem Robert "Bob" Hoog. Betty Walsh, City Council Member Attorney Garganese administered the Oath of Office to Ms. Betty Walsh. NEW BUSINESS RESOLUTION: 10. Motion to Adopt: Resolution No. 2008-36: Electing a Mayor Pro Tem. Attorney Garganese read Resolution No. 2008-36 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the Resolution to Elect a Mayor Pro Tem required a Nomination and a majority vote. Mayor Randels nominated Bob Hoog to serve for another year as the Mayor Pro Tem. Mayor Randels explained how Mayor Pro Tem Hoog actively participated on the Florida League of Cities' Legislative Committee. Ms. Roberts commended Buzz Petsos for his work on the Council and stated that he also actively served on Florida League of Cities committees. Ms. Roberts nominated Mr. Petsos as the Mayor Pro Tem. Ms. Roberts asked to hear from each of the nominees regarding their respective work and any anticipated plans toward future endeavors. Mayor Pro Tem Hoog stated that he would participate in any area that was beneficial to the City and he would serve the City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 10 of 11 City to the best of his ability in any capacity. He expressed appreciation for the nomination. Mr. Petsos stated that he served as Mayor Pro Tem in the past and served as a Committee Member on both the Florida League of Cities and the Space Coast League of Cities. Mr. Petsos stated that he planned to advocate local job related issues. Attorney Garganese stated that a Roll Call vote was required on the nominations; however, if the Motion carried on the first nominee, there was then no Vote on the second nominee. A motion was made by Mayor Randels and seconded by Mr. Petsos to Nominate, Bob Hoog, as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2008-36; Inserting the Name, Bob Hoog, as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 11. Motion to Approve: Assignment of the Ridgewood Avenue Streetscape Project, Final Design, Bid and Construction Services from GreenBlades of Central Florida to Brad Smith & Associates. Mr. Ratliff explained that Greenblades was unable to fulfill their commitment to the contract. Mayor Randels clarified that the City's check was returned and therefore would be paid to Brad Smith & Associates. Ms. Walsh questioned that since the Ridgewood Avenue Beautification Project contract was being transferred from Greenblades to Brad Smith & Associates that perhaps the contract amount should be reduced. In response to Ms. Walsh's question, Mr. Ratliff explained that Greenblades had little in upf, vnt costs on the project. A large majority of t! ie work (design l drawings' lgs' was already being performed by Brad Smith & Associates. Greenblades assumed that the project was a design/build and that they would become the prime contractor for the actual work on the Ridgewood Avenue project. Mr. Ratliff explained to Greenblades that the project was not, however, a design/build and that the project would go out to bid. They too would need to submit a bid for the oroiect and would not be selected unless thev submitted an acceptable bid- Mr- Ratliff explained further that the administrative costs (invoicing and other administrative duties) that Greenblades built into the contract would transfer to Brad Smith & Associates; therefore, the total contract amount would not change. City of Cape Canaveral, Florida City Council Regular Meeting Agenda November 18, 2008 Page 11 of 11 A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Assignment of the Ridgewood Avenue Streetscape Project, Final Design, Bid and Construction Services from GreenBlades of Central Florida to Brad Smith & Associates. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:17 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Consent Item 2 No. Outdoor Entertainment Permit AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR 13TH ANNUAL REINDEER 5K RUN/WALK FOR UNITED WAY OF BREVARD COUNTY DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the permit for this event. Summary Explanation & Background: See attached application for details. The route is the same as 2007. I recommend approval. I Exhibits Attached: Outdoor Entertainment Permit City Manager'�y0ffice -'i Department ADMINISTRATION �--Eap�nt\kim\ nts\admin\co nncl -meeting\2008\12-02-08\reindeer.doc e-Kolm TO: Mayor Randels & City Council Members From Robert Lefever, Parks & Recreation Director CC: Bennett Boucher, City Manager Date: November 17, 2008 Re. 1 e Annual Reindeer Run The Parks & Recreation Department will be hosting the le Annual Reindeer Run on Saturday, December 13, 2008 at 8:00 am. The event will be staged at Cherie Down Park, 8492 Ridgewood Ave. I have attached an Outdoor Entertainment Permit for your approval. I am also attaching the permit application from the Brevard County Parks & Recreation Department along with a copy of the certified race course. Activities at the event will include the 5K runtwalk, a kids' fun run coordinated by the Space Coast Runners Association, a visit from Santa, awards presentations & door prizes. Parking for the event will be at Cape View Elementary School located on Ridgewood Ave. across from Cherie Down Paris_ Thanks, 4f /Z Robert Lefever Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: The applicant or representative agrees to be oil site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: / �'�`—'-�_�{�,O __ Title:��'G✓G� �� /�� �� Firm: Address: E -Mail: ,�/�°I`Pv el ' Telephone:—/ 4/1 FAX: Local Contact: f eP R O✓ fide: Local Address (if different from above) S Type of Event: Will Alcoholic Beverages Be Served on the Premises? YES NO_,<-' Event Date(s) in Cape Canaveral:_ Location(s): Date(s) Time •r s_ � n 1 r P�;����s�,l f/ ✓1Q�o Attach map(s) indicating event area and designated parking areas. l�'fr" fit Control [Tse of Police/Fire aescue Equipment O'Stre Closing OVehicles/Equipment on Beach OOther DVehicle Parking on City Property 11 ,f,� r &.L@1�� mare a em c°���i �' � ✓�a✓j �`/ C a If applicant wishes to erect tents or they tem orary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: r� Revised 03-22-07 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: G4 •JfQCPolicy No: Expiration Date: a ® oC II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Al V //// Alo_( �P Date/ _d Applicant or R presentative/Title — Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (3211) 0060°-1224 1 RmhngThnil1 `t 1 M . by USA Truk :I--FRHEA \7(1ACK s r'iE� hJ t FW Y ,3� i Measurement Certificate Name of the course Mmuteman Causew y Calibration Course Distance '/z mile (2640 feet} Location (state) Florida (City)Cocoa Beach Type of course: road race ❑ _calibration P( track ❑ Configuration: Point to Point Type of surface: paved 100 % dirt % gravel ,_% grasses_% track % Altitude (meters/feet above sea level) Start 4m Finish_4 m Highest Lowest Straight line distance between start & finish 2640 feet Drop 0 m/km Separation 100 % Measured by (name, address, & phone)Bill Dillard 1480 Meadowbrook Rd. NE Palm Bay,FL 32905 (321)724- 2510 Mace contact (name, address, & phone Measuring lAediads: bicycl-e steel tape 8j Aectronie-distance meter ❑ Number of measurements of entire course: 2 Date(s) when course measured: 2 Ma 2002 Race Date: Course paperwork postmark date: 13 Jan 2003 Difference betweenhvobest measurements of thezourse: V4inch Certification code: FL-03004DL Replaces (if-appIicaUe). Notice to Race Director Use this Certification Code in all public Announcements relating to your race. Be It O#icia4y Noted That Bases) on examination of data provided by the above named measurer, the course described above and in the map attached is hereby certified as reasonably accurate in measurement according to the standards adopted by the Road Running Technical Council. If any chan_ges are made to the course, this certification becomes void, and the course must then be recertified. i%alirlatian of Course - in the event a National open Record is set on this course, or at the discretion of USA Track & Field, a validation remeasurement -may, be retlttired to be performed by a member of the Road Running Technical Council. If such a remeasurement shows the course to be short, then all pending records will be rejected and the course certification will be cancelled. This c:ertif7eation expires on De"c:embei31 in the}%ear2013 AS NATIONALLY CERTIFIED 1 Y.—Ts-ug Lce -USA' 1t/RRTC National Certifier 1399 W. Royal Palm Rd_, Boca Raton, FL 33486 Phone/Fax (561) 391-2880 e-mail: DougLoefflerPaol.com Date: 16 Jan 2003 n � o a v) �Y diyCf2Erce ,;� �LiHT' ��LF START LINE is first expansion crack 52" E of light pole, and 27j,l W of west edge of concrete cross walk. FINISH MARK, one half mile point, is even with the east edge of the underground C:C1nc Gut; lVVltd!lt ua.�i•ca.v ,,., .•.. •. .,�..,, a steel top and lined uwith the concrete expansion join tp . 3 H — rtzj H C7 !-C r., r 0 C? v: C O C7 O a C-) d � 3 O �o 0 n � o a v) �Y diyCf2Erce ,;� �LiHT' ��LF START LINE is first expansion crack 52" E of light pole, and 27j,l W of west edge of concrete cross walk. FINISH MARK, one half mile point, is even with the east edge of the underground C:C1nc Gut; lVVltd!lt ua.�i•ca.v ,,., .•.. •. .,�..,, a steel top and lined uwith the concrete expansion join tp . 3 H — rtzj H C7 !-C r., r 0 C? v: C O C7 O a C-) d � 3 O n � o a v) �Y diyCf2Erce ,;� �LiHT' ��LF START LINE is first expansion crack 52" E of light pole, and 27j,l W of west edge of concrete cross walk. FINISH MARK, one half mile point, is even with the east edge of the underground C:C1nc Gut; lVVltd!lt ua.�i•ca.v ,,., .•.. •. .,�..,, a steel top and lined uwith the concrete expansion join tp . 3 H — rtzj H C7 !-C r., r 0 C? v: C O C7 O a C-) d rin 1J mCa n-�yzarya rw ra�tm-�azan T rCa C700::�mC)t. '-P:� w � I I a z r� �d m 5, CD (D>8D00 opo M, rD z a CD CD n �a o CD opo oCD CD 1J mCa n-�yzarya rw ra�tm-�azan T rCa C700::�mC)t. '-P:� w � I I a z r� �d m 5, Brevard County Parks & Recreation Department APP ICATION FOR USE PERMIT Date i 16 6 COPY OF ID ❑ Applicant's&airL It In fly U (moi �a�l Day Phone EveningPhone In 3 % -1', Organization/Group Name (if applicable) !'? ( tTA wN Applicant's posi Mailing Address with Non -Profit Corp. AYes ❑ No I kJ/Xfn f'Slyd. ( 'JCC _L Street/PO Box ^ City State Zip Park Name and FaAlities Requested L%h2_?; 1. i e1n 1__�rk' C`��f . ( Event Name Type of Activity r•. Event Date(s) ?J021Z Estimated Attendance �'r z _➢ Dates Requested Times (Including Preparation/Cleanup) % ' 12- Received 2Received Facility Rental RulesYes 11No ................................................................ y .............. I....... THE FOLLOWING To BE COMPLETED BY STAFF.......................................................................................................... PERMIT CATEGORIES (CHECK ONE) ❑ CATEGORY I Sponsored/Co-Sponsored ❑ CATEGORY IV Private (Private Groups, Organizations, Individuals) CATEGORY II Recreation Partner ❑ CATEGORY V Public Issue Speech CATEGORY III Not-for-Profit/Exempt (Must qualify for tax exempt status pursuant to 501(c) criteria of the IRS Code) 501(Cri ) Consumers Certificate of Exemption (Florida) SOI (c)Criteria # CONDITIONS (CHECKALLAPPLICABLE) HIGH RISK CONDITIONS: INSURANCE REQUIRED (CHECKALLAPPLICABLE) ❑ Activity open to public ❑ Fee Waiver Requested Athletic events with physical contact ❑ Admission charged ❑ Letter of Request Alcoholic beverages and open to the public: liquor liability required ❑ Alcohol ❑ Security ❑ Sale of food items for functions open to the public ❑ Food sales ❑ Amplified music primary to function with over 200 people expected Music (Type } ❑ Commercial activities as defined in Chapter 78, Brevard County Code, and herein, w. here such activities are open to the public. THE PARK/FACILITY YOU HAVE REQUESTED IS LOCATED WITHIN THE CITY LIMITS OF PLEASE CONTACT THAT CITY TO DETERMINE IF IT HAS ANY REQUIREMENT(S) YOU MUST MEET. (A) TAXABLE FEES TAXABLE FEES FROM COLUMN A $ (C) DEPOSITS (B) NoN-TAXARTTF Ems A separate payment is always required for deposits Facility Rental Fee: $ Facility Rental Fee: $ Employee Fee: $ Cleanup/Damage C11, Check Deposit $ ❑ ❑ Additional Fees: Additional Fees: Receipt # Date $ $ $ $ CashCheck Tourist Tax $ $ Key Deposit $ El ❑ Fla. State Sales Tax: $ -CtL $ Receipt # Date Sub Total $ Sub Total $ PURSUANT TO CHAPTER 119, FLORIDA'S PUBLIC RECORDS ACT, GRAND TOTAL $ THIS RECORD IS A PUBLIC DOCUMENT THAT MAY BE INSPECTED AND/OR COPIED. IF YOU BELIEVE ANY PORTION OF THIS DOCUMENT u REC:Y.IY'I' if D?;lt tCEC: EIYl'ff r .. _ _ JJA1 Y'. CONTAINS INFORMATION THAT IS EXEMPT FROM DISCLOSURE_ - . PLEASE NOTIFY US IN WRITING AT: AMOUNT $ AMOUNT $ CENTRAL AREA PARKS. OPERATIONS OFFICE 840 FORREST AVE., COCOA FL 32922 I am 18 years of age (21 years of age if alcohol will be present) or over and understand as a representative of said event/organization, that I take full responsibility for each and every participant of said function. I have read and agree to follow the rental rules I have been given for rely activity. I hereby waive and all claims against a Board of County Commissioners and its employees and agents arising out of any personal injury or property damage th t I ed uring said fun ti n. I hay also read the ' fo ation on the reverse s' of Is permit and agree to. e terms and conditions hereof. A rli'n'1'YM C __ n t� % I I +�� �I �'lY1tiT� ApplIcan s Signature Da % jy Print Your Name As Signed Parks and Recreation Approval Title Date OFFICE COPY PR -108 -CB -PGM (03129105) OFFICIAL RECEIPT NO. 346.72 DATE ,/j/ 1 BREVARD COUNTY, FLORIDA PARKS & RECREATION DEPARTMENT AREA . NON TAX NA TAXABLE STREETADDRE{ V� TAX o REE ..a C/2 2- TOT. r /'fC) l TAX � CASH ❑ CHECK ❑ PARTICIPANT NAME(S) TAX EXEMPT # A ✓ (i� , f ' ( 'l kn �it" �� DRIVER'S LICENSE # PR-134-INDD-DEP (10117(07) Meeting Type: Regular Meeting Date 12-02-08 AGENDA Heading Ordinances-l't Reading Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2008, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/08 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 11-2008, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09-30-08, as recommended by the city treasurer. Summary Explanation & Background: I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 11-2008 and Budget Amendment Summary City Manaer Office Department ADMINISTRATION/ FINANCE ,_,.fE im m d ents\admin\ 1\meeting\2008\12-02-08\11-2UUtt.doc ORDINANCE NO. 11-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 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, 2007, AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2007, and ending September 30, 2008, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day December, 2008. Rocky Randels, MAYOR ATTEST: FOR AGAINST Rnh uoog Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts APPROVED AS TO FORM: Betty Walsh Anthony A. Garganese, CITY ATTORNEY First Reading: Second Reading: P:\CITY TREASURER\TR-AiNSFERS\2007-2008\3RD 11-2008- FINAL BUDGET ADOP'ION.docx MEMORANDUM DATE: November 14, 2008 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Final Budget Report and Transfers for the Fiscal Year 2007/2008 Revenues The Fiscal Year 2007/2008 has been completed. Following is a brief review of the state of the Budget. Removing Cash Forward and Non-cash donations from the mix, projected revenues finish the year at 102% collection, comparable to the previous year, which ended with a 102.4% collection. Legal Services in General Government has been increased to provide the funding required due to the increase in legal activity. This increase is offset with an increase in the Police Ad Valorem Taxes, which ended the year slightly higher than projected. While there are numerous spending changes within the departments in the final quarter, none of the changes affected the department budgets materially and no other adjustments will be made. This completes the requested Budget Amendments for the Fiscal Year 2007/2008, Following is a breakdown by line item to enable you to see the overall effect to the budget. 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Ql N �L L Q) Ci (D O W M O W Om m 0 3 LO Lr) Lr) a: aJ M m m try H Ln Ln Ln M O o o rH O o o 1-1 C E � � � Ln Ln lzl ` Ln Ln Ln 0 00 O kD � d' iLn Ln O O et I:t LA LA v L — (B C U (U CL i W j i O 3 11 v ,A a) I L L & S _0 U C O w +ts C CL W W 3 _ ' W & Ln Y @ CL L N u c W L 0 3 m E o m N m u? -O oa C _ CD � 't Q Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Resolution Item 5 No. The Brevard Metropolitan Planning Organization requested that all Brevard cities adopt a resolution of AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-32, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSIDER ALL MULTI -MODAL TRANSPORTATION OPTIONS FOR SR528 BETWEEN SR520 AND PORT CANAVERAL IN THE 2035 STRATEGIC INTERMODAL SYSTEM HIGHWAY PLAN AND THE EVALUATION OF THE IMPACTS TO SRAlA DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-32, urging the Florida Department of Transportation to consider all multi -modal transportation options for State Road 528 between State Road 520 and Port Canaveral in the 2035 Strategic Intermodal System Cost Feasible Highway Plan and the evaluation of the impacts to State Road AlA. Summary Explanation & Background: The Brevard Metropolitan Planning Organization requested that all Brevard cities adopt a resolution of support for this request. Exhibits Attached: Resolution No. 2008-32; supporting documents City Manager' x e Department LEGISLATIVE "e, —'- --" --u", - \ \-c-vc-moo\c Q-J4.UUU RESOLUTION NO. 2008-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSIDER ALL MULTI -MODAL TRANSPORTATION OPTIONS FOR STATE ROAD 528 BETWEEN STATE ROAD 520 AND PORT CANAVERAL IN THE 2035 STRATEGIC INTERMODAL SYSTEM COST FEASIBLE HIGHWAY PLAN AND THE EVALUATION OF THE IMPACTS TO STATE ROAD A1A; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SR 528 is the primary access route for the Orlando International Airport, Port Canaveral and the Spaceport, all of which are Strategic Intermodal System [SIS] facilities. These three facilities create directly and indirectly 200,000 jobs in Florida; and WHEREAS, SR 528 connects the Kennedy Space Center Visitor Center, Port Canaveral cruise ships and Brevard beaches with other attractions in the Orlando area. Tourism is the largest industry in Central Florida directly and indirectly creating 100,000 jobs; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but for coastal residents as far south as Miami; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but for coastal residents as far south as Miami; and WHEREAS, anticipated growth in population, space launch activity and airline and ship passengers and cargo will place additional demands on SR 528; and WHEREAS, significant work on improving SR 528 has been completed, In the last few years, one major bridge was upgraded, a Project Development and Environment Study was approved an a multi -modal corridor study exploring roadway, pipeline and freight and passenger rail opportunities was completed; and WHEREAS, SR 528 presents opportunities for public-private partnerships and other innovative financing approaches. Such partnerships often require a public funding component. NOW, THEREFORE, BE IT RESOLVFD RY THF CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral urges the Florida Department of Transportation to consider all multi -modal transportation options for State Road 528 between State Road 520 and Port Canaveral in the 2035 Strategic City of Cape Canaveral, Florida Resolution No. 2008-32 2 Intermodal System Cost Feasible Highway Plan and the evaluation of the impacts to State Road Al A. SECTION 2. The City Council of the City of Cape Canaveral requests that other units of government, elected officials and agencies concerned with or affected by future travel conditions on State Road 528, to express their views to the Florida Department of Transportation. SECTION L This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, City Council on this 2nd day of December, 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Betty Walsh Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Carganese, City Attorney Page 1 of 1 Bennett Boucher From: McCartney, Diana[diana.mccartney@brevardcounty.us] Sent: Friday, October 10, 2008 11:51 AM To: boucher-cape@cfl.rr.com; bwfree@townofmalabar.org; cbillias@cityofcocoabeach.com; cchinault@indialantic.com; David Reynal; Gail Griswold; Jack Schluckebier; Jackie Burns; jimb@melbournebeachfl.org; Jim McKnight; Lee Feldman; mark.ryan@titusville.com; Michael Crotty; townhall@townofpaImshores.org; Ric Holt; info@GrantValkaria.org Cc: Kamm, Bob Subject: SR528 Resolution Attachments: SR528 Resolution Transmittal 101008.doc; SR528 Res.pdf The Florida Department of Transportation is developing a funding plan for improvements to major roadways out to the year 2035. The Brevard MPO is concerned improvements to SR 528 are not included in the draft plan. The MPO adopted the attached Resolution at their meeting on Thursday. The MPO requested the resolution be sent to all Brevard cities for possible adoption of a similar resolution. Please note the comment period on the draft funding plan ends October 31. We are also including our transmittal letter to District Secretary Noranne Downs for your reference. We would appreciate receiving a copy of any action your Council/Commission may take. Contact the MPO office at 690- 6890 if there are questions. Thank you. 10/16/2008 BREVARD OL An October 10, 2008 Ms. Noranne Downs P.E., District Secretary Florida Department of Transportation District Five 719 South Woodland Boulevard Deland, Florida 32721 2725 Judge Fran Jamieson Way, Bldg. B Melbourne, Florida 32940 Telephone: (321) 690-6980 Fax: (321) 690-6827 www.brevardmpo.com Subject: Recommendation to Include SR 528 in the 2035 Strategic Intermodal System Plan Dear Secretary Downs: At their meeting on October 9, 2008 the Brevard Metropolitan Planning Organization adopted Resolution 09-03 recommending the Florida Department of Transportation add SR 528 between SR 520 and Port Canaveral to the 2035 Strategic Intermodal System (SIS) Cost Feasible Plan. The MPO believes the Department should include SR 528 in the Strategic Intermodal System Plan because of its state-wide importance to the movement of people and goods. We wish to call the Department's attention to the following features of SR 528 that the MPO believes warrants its inclusion: ■ SR 528 is the primary access route for the Orlando International Airport, Port Canaveral and the Spaceport, all of which are SIS facilities. These three facilities create directly and indirectly 200,000 jobs in Florida. ■ SR 528 connects the Kennedy Space Center Visitor Center, Port Canaveral cruise ships and Brevard beaches with other attractions in the Orlando area. Tourism is the largest industry in Central Florida directly and indirectly creating 100,000 jobs. • SR 528 is a critical evacuation route not only for Brevard Countv but for coastal residents as far south as Miami. ■ Anticipated growth in population, space launch activity and airline and ship passengers and cargo will place additional demands on SR 528. ■ Significant work on improving SR 528 has been completed. In the last few years, one major bridge was upgraded, a Project Development and Environment Study was approved and a multi -modal corridor study exploring roadway, pipeline and freight and passenger rail opportunities was completed. ■ SR 528 presents opportunities for public-private partnerships and other innovative financing approaches. Such partnerships often require a public funding component. The MPO believes viewing SR 528 in its totality from 1-4 to Port Canaveral will best serve the public interest. No single agency is responsible for all of SR 528. The Resolution requests the Department bring together public and private entities with an interest in the operation and improvement of SR 528 to coordinate planning efforts and explore the feasibility of public-private partnerships and innovative funding strategies in the corridor. Sincerely, f Robert Kamm Director RESOLUTION recommending the Florida Department ufTransportation include funding for the widening of8F!528between SR 620and Port Canaveral |nthe "2035 Strategic Intermodal System Cost Feasible Plan'" WHEREAS, the Brevard Metropolitan Planning Organization (K8PO)isthe designated and constituted body responsible for the urban transportation planning and programming process for the Palm Boy'Me|bounne-TituevU|eUrbanized Area; and WHEREAS, 8R528isacomponent ofthe Strategic Intermodal System (G/S) connecting 1-4 and Port Canaveral and under the management of Florida's Turnpike Enterprise, the Orange -Osceola County Expressway Authorbv(ODCEA\and the F|ohda DepadnnentofTnannpodatiun;and ' ` ' WHEREAS, 8R 528 is a critical element nfthe regional transportation system due to its central location within the region and the important facilities to which it provides access; and WHEREAS, SR 528 is'the primary highway connecting three internationally significant SIS facilities — Orlando International Airport A]/A>.Po�� nnCanavena(andtheF|oridaSpa�epo comprised �ndthoCape Canaveral Air Force Station and three SIS highways —|-4.8R417and |-Q5; and ' WHEREAS, the Florida Spaceport is the premier launch facility in the world, Port Canaveral is the second busiest cruise terminal in the world and the Orlando International Airport is the thirteenth busiest airport in the U,S. and twenty-third busiest in the world; and VVHEREA8, the three aforementioned SIS facilities are estimated to provide directly and indirectly 200,000 jobs inthe State ofFlorida; and WHEREAS, the 01A and Pori Canaveral are significant distribution centers for cargo, all ofwhich moves bytruck largely onSR528;and WHEREAS, tourism inthe largest industry in Central Florida with directly and indirectly more than 1OO,OOUjobs; and WHEREAS, SR 528 is the direct route connecting Orlando's attractions with the KSC Visitor Center, Port Canaveral cruise ships and Brevard County beaches thus enhancing the attractiveness of Central Florida to domestic and international visitors; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but also, due to its connection to 1-95, for residents of coastal Florida south to Miami; and WHEREAS, the population ofthe Central Florida region igprojected hodoub|eto7 rniUionpersons by205O;and WHEREAS, passenger activity and cargo volumes at both OIA and Port Canaveral will increase significantly in future years and facility expansion is planned or under way to serve these growing markets; and WHEREAS, the Florida Spaceport is engaged in development of the next generation space vehicle and onaggressive program tOsecure commercial space launch business; and WHEREAS, inrecognition ofg future travel demand onSR528.the Brevard MPO, CK]CEA and Florida's Turnpike Enterprise all include widening 5R 528 within their respective long range plans; and WHEREAS, two SR 528 improvement studies were recently completed -- a Project Development and Environment Study for the widening of SR 528 to six lanes in eastern Orange and Brevard Counties, and amulti-modal study tnassess the feoaibUitvofhighvvay.rail and pipeline irnpnovenlentninthe GR52800rhdnCand ' WHEREAS, the improvement plans of the three entities that own and operate SR 528 need to be coordinated and implemented in a mannerthat serve's the public interest and make sound financial sense; and WHEREAS, inthat GR528 isgstate road and partially atoll taci}—�opportunities may exist for public-private partnerships or alternative fundingstrategies�advance impm�me� plans; and WHEREAS, SR 528 is a unique facility with respect to its ownership, the critical facilities and markets it servers and its role as an emergency evacuation route and, therefore, deserves special recognition in the development of funding plans for the Strategic Intermodal NOW, THEREFORE, BE IT RESOLVED by the Brevard Metropolitan Planning Organization that the Brevard Metropolitan Planning Organization: 1. Recommends the Florida Department of Transportation include funding for widening SR 528 between SR 520 and Port Canaveral in the "2035 Strategic Intermodal System Cost Feasible Plan" in addition to projects in the Central Florida region already contained therein. 2. Requests other units of government, elected officials and agencies concerned with or affected by future travel conditions on SR 528 express their views to the Florida Department of Transportation. 3` Encourages the Florida Department of Transportation to bring together the various planning organizations, transportation operating agencies and loral governments to examine the feasibility of advancing improvements in the SR 528 corridor through a public-private partnership. BREVARDMETRDPOLOAN PLANNING ORGANIZATION ATTEST: ( � Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Consideration Item See attached correspondence from the Space Coast League of Cities. No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPOINTMENT OF A VOTING DELEGATE AND AN ALTERNATE TO THE SPACE COAST LEAGUE OF CITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of a voting delegate and an alternate to the Space Coast League of Cities. Summary Explanation & Background: See attached correspondence from the Space Coast League of Cities. Currently, Bob Hoog is the voting delegate and Shannon Roberts is the alternate voting delegate. Please advise. Exhibits Attached: SCLOC correspondence City Manager' ,Office, Department LEGISLATIVE e-nt\kim m uments\admin council\meeting\2008\12-02-08\scloc.doc CO --- SPACE COAST LEAGUE OF CITIES c-�-r���..��y� CAPE CANAVERAL tNDIALANTIC SATELLITE REALM r t �y a� MELBOURNE PALM BAY Qvl�vjv CACOA INDIAN MARBOI.'R BtACfI MELBOURNE pFACN PALM SHORES TTZV$VILLE Mir, of G� CUCOA BEA01 MALABAR MFi.RDVRNE VILLAGE ROCKLEDGE WRIT MELBOURNE "CITIES OF BREVARD WORKING TOGETHER" Appointment of League Voting Delegate/Director The Bylaw's of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League- Efigibany. Only the member nxlnicipality's elected officials, manager, attorney. cleric, and department heads are eligible to be a Voting Delegatelpirector and Alternate. Any Voting Delegate/Director or Allemate who ceases to hold such a position ceases at the same time to be a Voting Deiagate/Director or ARernate. Functions: The person appointed as Voting Delegate serves as both the merni er nwnicipalittfs Voting Delegate at membertshtp meetkW and its repr+aBentative to the Board of Directors. The Voting Delegate and the Oweetor are the same person. The sole fundion of the Alternate for the Voting Delegate/Director is to Vote in the absence of the Voting Delegate/Director. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the league Secretary. * 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 when it certifies its Voting Delegate/Director and Altemate. Accordingly, please provide and certify the Information requested below and return this form promptJy to his. Nancy Glass, SCLC Executive Secretary, at the address or tax number shown at the bottom of this page Municipality- -- -- Current Population Voting Delegate/Dlrector Nome Phone Alternate Voting Delegate/Director Dale 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 3uDfnittad CfArrrr Lwt Munitipai M ic'B Signature — Printed Name - - �'- Space Coca L g- „r t'nrca ❑ 16M flU umgron L iWW © Rarklodgi FL 320455 O FAX ( 321) 636.3193 p l rk ht we ( 321) 63&9916 ZO'd £61£-9£9 LOt, an6ea-1 gseoo a:>eds dt,9=60 LO-SZ-^oN Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Consideration Item 7 No. attend the training. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CUSTOMER SERVICE STANDARDS, MASTER CALENDAR, PERFORMANCE MEASUREMENT DEPT/DIVISION: LEGISLATIVE Requested Action: Councihnember Shannon Roberts is requesting that the City Council support City staff in developing customer service standards, master calendar and performance measurement standards. Summary Explanation & Background: I would like to retain the services of the UCF Florida Institute of Government to train staff in customer service and performance measurement. I would also request that City Council be active participants and attend the training. Staff can develop a master calendar for 2009. Please advise. F,xhihitc Attaehed! UCF Institute of Government information City Manager s Office - Department LEGISLATIVE Y� - im\myd come in\council meeting\2008\12-02-08\customerservice.doc UCF Florida Institute of Government About the i The John Scott Dailey Florida Institute of Government (IOG) at the University of Central Florida is one of five university affiliates of the statewide institute. The IOG mission is to provide training and technical assistance to local governments, state agencies, and non- profit organizations. The Institute of Government is housed at UCF's Downtown Orlando Ying Academic Center and is administered in the UCF College of Health and Public Affairs. The UCF IOG has served Central Florida government and non-profit agencies since 1982, and has been directed by Marilyn Crotty since 1990. Services offered to government and non-profit agencies include: Training Programs Technical Assistance Projects Organization Development The results of 10G training and consulting programs rams include: ✓ Performance improvement ✓ Increased effectiveness ✓ Improved culture ✓ Improved morale Increased retention ✓ Increased efficiency/productivity ✓ Increased customer satisfaction ✓ Career/succession planning ✓ Greater commitment to the organization ✓ Overall cost savings Pg. 4 of 103 CONTACT US. 407-235-3900 or iog@mail.ucf.edu 6- UCF Florida Institute of Government Top 10 Reasons to of Government - 1. We come to you! 2. Very affordable rates. I High quality, experienced facilitators who focus on interactive learning. 4. Experienced consultants who understand government and business trends. 5. Most workshops offer Continuing Education Units (CEO's). 6. We customize our content to meet your needs. 7. We can easily create a new program to fit your needs. 8. Affiliation with the University of Central Florida, the 6t" largest university in the US. 9. 25 years of reliable service to government and non-profit agencies in Central Florida. 10. We're both results -oriented and FUN! Pg. 5 of 103 CONTACT US, 407-235-3960 or log@mail.ucf.edu 6- UCF Florida Institute Government e Customer Service: Inside And Out! Every single "people interaction" that happens at work is really a customer service interaction! Each day every office must deliver excellent, effective service to two kinds of customers: external (citizens, suppliers, peers in other government offices) and internal (co-workers, boss, employees in other departments). Before, however, an organization can give good service to its "external" customers (its public), that organization must first give good service to "internal' customers (its employees). Customer Service: Inside and Out! focuses on specific ways government offices can offer quality service externally to the public they serve and internally to the people who work there. Through case studies and role plays, participants will: • explore how attitude affects customer service • review the customer service philosophy currently in place in their offices • identify the communication skills which underlie all good customer service • learn why customers get angry and how to use a proven technique to diffuse the anger Basic to this workshop is the belief that excellent customer service is crucial to every organization because ALL customers (be they employees or public) are NOT an interruption to the job: instead, they ARE the job!! Pg. 23 of 103 CONTACT 1: 467-236-3360 or irii.ucsedu f l C ' Florida Institute of Government The Manager's Role In Customer Service Tired of hearing complaints from the citizenry -- or from other departments -- about the quality of service your office provides? Then this workshop is for you, and it is an excellent one for your management team to take together. Government is a service business. As a manager or employee of a city, county, state, or government agency, you are by definition a "public servant," whose primary responsibility therefore is to give -- or see that your employees give -- good service to your customers. Only your organization's commitment to and practice of organizational values which demand good treatment of "internal customers" (your employees) can free your organization to give "external customers" (your citizens) the best possible kind of quality customer service. Excellent customer service begins when the top management of your organization realizes that the public is NOT an interruption to the job: the public IS the job, and then structures your organization to empower your employees to practice this belief as they conduct your business every day. This workshop outlines the commitment and steps needed from an organization's upper management to establish a customer service philosophy that A) demands good treatment of internal customers (employees), and B) thereby frees and empowers employees to give the best possible quality customer service to external customers (citizens). As a participant, you will: • Identify the steps needed from an organization's upper management to establish a customer service philosophy • Examine performance standards for all levels of employees • Explore systems to process and resolve successfully citizen complaints • Learn the elements of an effective service request system, including follow-up and evaluation Good customer service flows from the top down if management commits its organization to define, value, and deliver excellence. Pg. 57 of 103 CONTACT 07-235-3960 or iog@mail,ucf.edu UCF Florida Institute of Government Performance Measurement Workshop This workshop provides awareness and understanding of the role of performance measurement in public organizations. It provides specific examples and shows participants how to design their own measures. This workshop can be adapted to meet clients' specific requirements and applications. The length of the workshop is usually three to four hours, depending on requirements and class size. This workshop covers the following topics: 1. What is performance measurement? 2. Why do performance measurement? 3. Distinguishing outputs from outcomes. 4. Productivity and other performance measures. 5. Examples of basic performance measures in practice. 6. How to make performance measurement happen in your organization or work unit. 7. Practical issues in data collection, analysis and reporting. 8. Lessons learned: Where things stand today in other organizations. The performance measurement workshop is designed to be interactive and draws on participants' experiences. Applications are based on participants' needs, and are developed in the course of the workshop. Pg. 72 of 103 CONTACT € : 467-235®3966 or iog@mail.ucf.edu Page 1 of 4 Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Monday, November 24, 2008 10:53 AM To: Bennett Boucher Subject: Re: 12-2-08 agenda items Bennett, I would like to put the following items on the December 2, 2008 agenda: Decision: State of the City Report (verbal and in writing) by the Mayor and/or City Manager with City Council and Staff input on January 20, 2009. A written version of the State of the City Report, which would include 2008 accomplishments and major plans/goals for 2009, would be posted on the City's web site, and hard copies would be made available to the inquiring public. Decision: Development of 2009 Master City Calendar, with draft version available by City Council and Staff for 12-16-08 meeting. This Master Calendar would include items such as the following: MASTER CALENDAR - 2009 Example of Agreement on Major Initiatives/Goals to be scheduled for 2009 and phased implementation for each according to month: - 2009 State of the City Report - Completion of Sign Code - Agreement on Codes to be reviewed for 2009 - Completion of Visioning Sessions/Workshops with Phil Laurien - Development of 2020 City of Cape Canaveral Vision as a result of Phil Laurien sessions - Completion of Ridgewood Avenue Streetscape - Completion of North Atlantic Avenue Streetscape Design - Development of Community Center Concepts - Agreement and Completion of Fire Department Plans - City Bus Stop Shelters and Benches installed - City Development of Sidewalk Master Plan to determine sidewalk priorities for next 5 years - Use of Library Community Room for City Council and Board Meetings - City Development and Adoption of Customer Standards - City Development of City Business Inventory using new City software purchased in 2007 - City Use of Project Management Tools and Techniques for City Proiects - City Development of Metrics to determine workload, trends, and improvement initiatives - City Use of Process Mapping to baseline and ultimately improve major City processes, timelines, and customer service Sample of 2009 Planning/Month: 11/25/2008 Page 2 of 4 January State of the City Report - January 20, 2009 Sign Code #8 Workshop Visioning Session #1 with Phil Laurien Completion of North Atlantic/Central Avenues Lefthand Turn Signal Project North Atlantic Streetscape Design Proposal from Contractor Ridgewood Streetscape Phase II Consideration of Community Center Concepts - Phase 1 Review of Fire Department proposals -Phase I City Bus Stop Shelters and Benches Installed February Sign Code #9 Workshop Visioning Session #2 with Phil Laurien Turnover of North Atlantic and Central Avenues from Brevard County to the City of Cape Canaveral, including $ to deposit towards North Atlantic and Central Avenue streetscapes North Atlantic Streetscape Design Workshop #1 Consideration of Community Center Concepts - Phase 2 Review of Fire Department proposals - Phase 2 Ridgewood Streetscape Phase 3 March Sign Code First Reading Sign Code 2nd Reading Visioning Session #3 with Phil Laurien North Atlantic Streetscape Design Workshop #2 Ridgewood Streetscape Project Completed Community Center Concept Workshop #1 April City Staff Annual Planning Meeting with City Council Visioning Session #4 with Phil Laurien Confirmation of North Atlantic Streetscape Design Community Center Concept Workshop #2 May Development of City of Cape Canaveral 2020 Plan based on Visioning Session results with Phil Laurien and Community Confirmation of Community Center Approach June Budget Review Sessions July 11/25/2008 Page 3 of 4 Budget Review Sessions August Budget Review Sessions September Budget Review Sessions October November December Development of draft 2010 Master Calendar (Council and Staff) Thanks very much for asking our input for the December 2nd meeting. Please let me know if you have any questions or need additional information. Shannon On Nov 24, 2008, at 9:26 AM, Bennett Boucher wrote: Good morning everyone, If you have any items for the 12-2-08 City Council meeting or the 12-16-08 meeting, please let me know. We have a short week for the 12-2-08 items, so if you have anything that requires research, 12-16- 08 would be better. Take Care, Bennett Boucher City Manager City of Cape Canaveral 1 V.7 r-olk- Averjue 11/25/2008 Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Consideration Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: STATE OF THE CITY REPORT DEPT/DIVISION: LEGISLATIVE Requested Action: Councilmember Shannon Roberts is requesting that City Council set January 20, 2009, as the date to present the State of the City Report and to support staff in developing this report. Summary Explanation & Background: The report should include 2008 accomplishments and major plans/goals for 2009. Please advise. Exhibits Attached: Councilmember Roberts' request City Manager --,Office Department LEGISLATIVE "-im\my o ' dmin meeting\2008\12-02-08\stateofthecity.doc Page 1 of 4 Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Monday, November 24, 2008 10:53 AM To: Bennett Boucher Subject: Re: 12-2-08 agenda items Bennett, I would like to put the following items on the December 2, 2008 agenda: ' _W Decision: State of the City Report (verbal and in writing) by the Mayor and/or City Manager with City Council and Staff input on January 20, 2009. r A written version of the State of the City Report, which would include 2008 accomplishments and f# major plans/goals for 2009, would be posted on the City's web site, and hard copies would be made J available to the inquiring public. Decision: Development of 2009 Master City Calendar, with draft version available by City Council and Staff for 12-16-08 meeting. This Master Calendar would include items such as the following: MASTER CALENDAR - 2009 Example of Agreement on Major Initiatives/Goals to be scheduled for 2009 and phased implementation for each according to month: - 2009 State of the City Report - Completion of Sign Code - Agreement on Codes to be reviewed for 2009 - Completion of Visioning Sessions/Workshops with Phil Laurien - Development of 2020 City of Cape Canaveral Vision as a result of Phil Laurien sessions - Completion of Ridgewood Avenue Streetscape - Completion of North Atlantic Avenue Streetscape Design - Development of Community Center Concepts = Agreement and Completion of Fire Department Plans - City Bus Stop Shelters and Benches installed - City Development of Sidewalk Master Plan to determine sidewalk priorities for next 5 years - Use of Library Community Room for City Council and Board Meetings - City Development and Adoption of Customer Standards - City Development of City Business Inventory using new City software purchased in 2007 - City Use of Project Management Tools and Techniques for City Proiects - City Development of Metrics to determine workload, trends, and improvement initiatives - City Use of Process Mapping to baseline and ultimately improve major City processes, timelines, and customer service Sample of 2009 Planning/Month: 11/25/2008 Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Discussion Item 9 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PURCHASE OF THE FIRE DEPARTMENT PROPERTY LOCATED AT 190 JACKSON AVENUE DEPT/DIVISION: PUBLIC SAFETY/FIRE DEPARTMENT Requested Action: Discuss the purchase of the 190 Jackson Avenue property from the Cape Canaveral Volunteer Fire Department, Inc. Summary Explanation & Background: The property consists of 0.58 acres and is part of Block 25, Lots 7, 8, 15 and 16, Avon -by -the -Sea Subdivision. See attached documentation on the last offer of $752,500 from the CCVFD dated 06-12-2007. Please advise. Exhibits Attached: Fire Chief's letter; Property Information; City Council Minutes of 02-20-07 and 07-03-07 Cit Off ce' j Department PUBLIC SAFETY/FIRE / DEPARTMENT ca im yd c is\admin\council\meeting\2008\12-02-08\ccvfd.doc Feb 13 07 03:40p Canaveral Fire 3217834887 p,2 CAPE. ANAVEItAI1 VOLUNTEER FIRE DEPARTMENT INC. 'Serving`the city of Cape Canaveral & Canaveral Port Authority MEMORANDUM To: Bennett Boucher, City Manager From: David J. Sargeant, Fire Chief Date: 13 F E62007 RE: Fire Station Property After consulting with our attorney, t presented several options to our Board in regards to the existing Cape Canaveral Volunteer Fire Department, incorporated property. After much discussion and debate, it was decided that it would be in the best interest of the Corporation to pursue selling the property to the City. Please agenda this item as soon as possible and l will be at the meeting to explain the Corporation's stance. Thank you for your attention to this matter. Station #1 Station #2 190 Jackson Avenue, Cape Canaveral, Florida 32920 8970 Columbia Road • Cape Canaveral, Florida 32924 (321) 783-4777 • Fax_ (321) 783-5398 (321) 783-4424 • Fax: (321) 783-4887 ....,% - s:uevr6 Page 1 of 1 ;lick Action: Parcel Info Distance 0 View Decrease ZcounBat IAerial ViewRange Increase *Map Aerial • Change 1W89 g455Z 1 Z 3 H14 Locate Parcel iD9 A 9 10 11 12 1 � Zoom to j MON ROE AV Brevard County Go 7 - it t� Printable Version 1 3 4 5 6 7 Map Preview J10 Check below then Update 112.01 .0 13 ,a R Parcels ❑ ZonCnty 12 1 ❑ ZonCity ❑ GolfCourses ,JACKSON AV ❑ Schools El Libraries RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 Water Update t7 11 13 14 9 10 11 1213 14 He(o Legend 11 HARR IS ON AV I I I http://www.brevardpropertyappraiser.com/temp/graFrame200702l 310060l 3824.html 2/13/2007 1 5 7 9 12 13 Printable Version 1 3 4 5 6 7 Map Preview J10 Check below then Update 112.01 .0 13 ,a R Parcels ❑ ZonCnty 12 1 ❑ ZonCity ❑ GolfCourses ,JACKSON AV ❑ Schools El Libraries RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 Water Update t7 11 13 14 9 10 11 1213 14 He(o Legend 11 HARR IS ON AV I I I http://www.brevardpropertyappraiser.com/temp/graFrame200702l 310060l 3824.html 2/13/2007 CITY COUNCIL REGULAR MEETING Page 1 of 1 10. Purchase of the Fire Department Property Located at 190 Jackson Avenue. Fire Chief Dave Sargeant related that the Volunteer Fire Garet Department sought its legal counsel to reach a reasonable decision. He stated that the Volunteer Fire Gampaigy Department owned the +atm howeveic, the Gity awmed the 15tii entire complex, land and building. ++e -stated tIn order to avoid the City owning the newly constructed Fire Station and the Volunteer Fire Department owning the new building's land, the Volunteer Fire Gefnpamy''s Departments attorney recommended selling the existing land and building to the Com. lamd was affeFe ' for sale im the r..t..Fe Chief Sargeant informed that a property appraisal on the land was the first step. The Appraisal was to consist of two separate appraisals — one for the entire complex with land and the other of land value only. Attorney Garganese stated that Florida Statutes required two or more appraisals for any property over $500,000. Mayor Randels clarified that the voters gave the City the right to build or purchase. Chief Sargeant concluded that an appraisal would precede any design build projects. Council discussed if the lots to the west of the Fire Station near State Road A1A were available. Mr. Boucher stated that he would inquire with the property owner of their willingness to sell the property prior to obtaining an appraisal. He replied that the total number of lots might not provide optimal viability for the Fire Station. Chief Sargeant explained that his construction design accommodated the 10 paid personnel in order to allow the City to maintain its level of service. He stated that the prominent problem was bay space. Chief Sargeant explained that any available land was either too expensive or too small. Ms. Roberts questioned if the Council should be looking at other sites in parallel with looking at this site. Chief Sargeant stated the Volunteer Fire Department's intention to make the transaction as reasonable as possible and restated that the appraisal was still the first step. Discussion pointed out that moving closer to State Road Al would require an interactive traffic light. Ms. Roberts raised the question if the tax payers expected the City to own the land. Mayor Randels affirmed that the land ownership was the most viable option. Chief Sargeant related that if the Volunteer Fire Department moved, it did not desire to move near a residential area. Ms. Roberts referred to the land north of AJT and Associates for the City facilities and asked if that included the Volunteer Fire Department. Chief Sargeant replied that moving north of Central Blvd. was too close to the other Fire Station and affirmed for her that reason for two stations was coverage. Chief Sargeant restated that the Fire Department design would come after resolution to this issue. Mr. Petsos requested that the City Attorney seek another reasonable alternative. Attorney Garganese replied that he would discuss possible bond financing with the City Manager. http://myflorida.com/cape/Minutes/2007/02-20-07.htm 11/25/2008 CITY COUNCIL REGULAR MEETING 'Page 1 of 2 5. Motion to Approve: Property Offer from the Cape Canaveral Volunteer Fire Department, Inc. in the Amount of $752,500. Mayor Randels informed that complete Appraisals were available in the City Manager's Office. Mr. Petsos requested opinions from the Fire Chief and the City Manager before Council's discussion. Chief Dave Sargeant, of the Cape Canaveral Volunteer Fire Department, Inc., stated that the Council could not go out for a Bond Referendum in October due to the $4 million cost of the proposed project. Chief Sargeant informed of some temporary repairs such as a roof repair, a wall repair, and a replaced air -conditioner. Mayor Randels clarified that even if the Council decided to borrow the Bond money, an increased homestead exemption would not permit the City to repay the Bond. Chief Sargeant explained how any amount of approved millage obtained in October would be impacted by what happens in the Legislature in January. Mayor Randels summarized he did not anticipate residents voting on a City facility over an increased exemption and a tax savings. Mr. Boucher stated the City was looking at a $400,000 cut in the General Fund Budget this year. He informed the Fire Chief was able to escrow funds from the Fire Tax to help offset some future expenses; however, funding was no longer available. Mr. Boucher also stated how the Referendum in January was uncertain based on the Save Our Homes or Super -size choices of homestead exemption. Mr. Boucher concluded he would postpone responding back to the Cape Canaveral Volunteer Fire Department Board until the City and Council understands the ramifications of the Legislature meeting in January. Ms. Roberts spoke on two items. First, Ms. Roberts stated that the acquisition of the Kabboord property would not diminish the Council's value of priority for a new Fire Department facility and she asked to convey that message to their Board. Second, Ms. Roberts asked Chief Sargeant to comment on the Fire Services funding with the County. Chief Sarqeant explained the discussion was the reimbursement from the County for operating the Advanced Life Support service. Chief Sargeant summarized how Brevard County's Fire Department decided to not reimburse the cities for operating Advanced Life Support this year which would constitute a loss of approximately $40,000. Ms. Roberts proposed that Council support a Letter to the County expressing their concern and asked the City Manager if this perhaps this was already done. Mr. Boucher reported he had contacted the County Manager; however, to no avail since the service amounted to approximately .19 cents per thousand, or $500,000 from the cities. Chief Sargeant suggested forwarding the issue to the Space Coast League of Cities. Chief Sargeant explained how part of this Emergency Management Service assessment funding encouraged cities to buy the LifePak for their truck and to obtain the paramedic personnel. A loss of it was detrimental to s. the small communities. Mayor Randels stated the consensus of the Council that the City was unable to proceed with seeking Bond funding for a new Fire Department facility. Ms. Roberts suggested adding that the Council still considers the Fire Department facility one of the City's priority concerns. Mr. Nicholas concluded for the record to convey this sentiment to the Cape Canaveral Fire Department Board. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Present the Reimbursement of Advanced Life Service Operations from Brevard County as a Municipal Matter of Concern at the Board of Directors Meeting at the Space Coast League of Cities Dinner on Monday July 11th thrgutah RP_nrP_SP_ntatl_vP_ Maynr Prn Tpm http://myflorida.com/cape/Minutes/2007/07-03-07.htin 11/25/2008 CITY COUNCIL REGULAR MEETING Page 2 of 2 Bob Hoog. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. http://myflorida.com/cape/Minutes/2007/07-03-07.htm 11/25/2008 Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Consideration Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPERTY OFFER FROM THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the offer from the Cape Canaveral Volunteer Fire Department, Inc. in the amount of $752,500 to purchase the fire house building and land. Summary Explanation & Background: Attached are excerpts from the two appraisals. Complete appraisals are available for review. Is City Council interested in making a counter offer? Please advise. Exhibits Attached: CCFVD Offer Letter; Appraisal Excerpts City Manager' pOM Department LEGISLATIVE -nt\ki ents\admin council\meeting\2007\07-03-07\ccvfd.doc CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral & Canaveral Port Authority MEMORANDUM To: Bennett Boucher, Manager, City of Giipe Canaveral From: David J. Sargeant, Fire Chief Date: 12June2007 Re: Property Offer The CCVFD Board and myself have reviewed the appraisals that you provided for the property of 190 Jackson Avenue and adjacent vacant lots. Per your request, we are making an offer for sale of this property to the City. Our offer is $752,500.00, the average of the two appraisals. Should you need further information concerning this matter, please contact me. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 11A 1/l 8970 Columbia Road ! Cape Canaveral, Flonda 32-9.40 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Ordinance -2nd Reading Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2008, PUBLIC SCHOOL FACILITIES ELEMENT DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Adopt the Public School Facilities Element and Amended Capital Improvements, Intergovernmental Coordination, and Future Land Use Elements for transmittal to the Department of Community Affairs. Summary Explanation & Background: Pursuant to Florida Statutes Chapter 163, all cities and counties shall have a public school facilities element by December 1, 2008. Included in this packet is the proposed Public School Facilities Element and proposed amendments to the Capital Improvement, Intergovernmental Coordination, and Future Land Use Elements that are necessary to implement the Public School Facilities Element. On August 13, 2008 the Planning and Zoning Board reviewed the Public School Facilities and amended Elements and recommended approval. On September 2, 2008 the Council approved transmittal of the Public School Facilities and Amended Elements to the Department of Community Affairs. After reviewing the proposed PSFE and amended elements, the Department of Community Affairs issued a letter dated. October 27; 2008 that stated "The City may proceed to adopt this amendment immediately". The Public School Facilities Element must be adopted before we can adopt any other comprehensive plan amendments. Exhibits Attached: Letter from DCA; Ordinance No. 09-2008 adopting the Public School Facilities Element and proposed amendments to the Capital Improvement, Intergovernmental Coordination, and Future Land Use Elements; Legal Notice. 04 1%4 ti.asy laaa.aaageas CH1.1cc .�-� ,) I ilClJcli L111C11L Community Development Department STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor October 27, 2008 The Honorable Rocky Randels, Mayor City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Dear Mayor Randels: THOMAS G. PELHAM Secretary The Department has conducted a preliminary review of the City of Cape Canaveral's proposed comprehensive plan amendment received on September 22, 2008, DCA Reference No. 08-PEFE 1. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the East Central Florida Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments Report will be waived. The City may proceed to adopt this amendment immediately. After adoption, please submit three copies of the adopted amendment to the Department for final compliance review, consistent with the requirements of Rule 9J- 11.011, F.A.C. Also, pursuant to Chapter 163.3189(2)(a), F.S., the Department recommends that the City include the following language regarding the effective date of the adopted amendment:"The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local Lovernme-n-t's plan 2555 SHUMARD OAK BOULEVARD a TAI I AUAcs;:c ci z�xaa einn 850-488-8466 (p) ♦ 850-021-0781 (f) -Website N;v ♦ COMMUNITY PLANNING 31C-=88-22-6 ?p:;=:Q-4a8-3',`D9 r_) ♦ ♦ HOUSING AND COMMUNITY DEVELOPMENT 31 ---:88-7 955 pj d5u'-522-=%�23 ;_`; The Honorable Rocky Ranuels October 27, 2008 Page Two amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event that names and addresses were not provided, please supply this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. This letter should be made available for public inspection. If you have any questions, please contact Caroline Knight, Principal Planner, at (850) 922-1773. Sincerely, c )/-)///J"kd/ Mike McDaniel, Chief Office of Comprehensive Planning MMlck cc: Mr. Barry Brown, Planning and Development Director, City of Cape Canaveral Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council ORDINANCE NO. 09-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT ESTABLISHING A PUBLIC SCHOOL FACILITIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS, INTERGOVERNMENTAL COORDINATION AND FUTURE LAND USE ELEMENTS CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development .Regulation Act; and WHEREAS, section 16' ).3 Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, section 163.3177(12), Florida Statutes, requires that each Florida municipality adopt a Public School Facilities Element consistent with those adopted by the other local governments within the coi-mty; and WHEREAS, the Brevard County School Board, Brevard. County, and the Cities of Cocoa, Cocoa Beach, Indian Harbour Beach.. Melbourne, Palm Bay, Rockledge, Satellite Beach, Titusville, West Melbourne, and the Towns of Indialantic, Malabar, Melbourne Beach, and Palm Shores participated in a coordinated effort to ensure consistency between each local government's proposed Public School Facilities Element; and WHEREAS, pursuant to section 163.3177(3)(b)(1), Florida Statutes, certain portions of the City's Capital Improvements Element must be amended consistent with the adoption of the Public School Facilities Element to address financial feasibility; and WHEREAS, the City's Intergovernmental Coordination and Future Land Use Elements require amendment consistent with the adoption of the Public School Facilities Element. and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and Cit' of Cnn-. CnnnvraI Ordinance No. 04 -?008 Palge 1 of 4 all interested parties submitting written and oral comments; and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject large scale comprehensive plan text amendment to the Florida Department of Community Affairs for its review and comment: and WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large scale comprehensive plan text amendment adopting a Public School Facilities Element as part of the City of Cape Canaveral Comprehensive Plan and to amend the Capital Improvements, Intergovernmental Coordination and Future Land Use Elements consistent with same as required by section 16' ).3 Florida Statutes. S€coon 4. Adoption of Large Scale Comprehensive Plan Text Amendment. The City of Cape Canaveral Comprehensive Plan is hereby amended as set forth below: A. Public School Facilities Element. The Public School Facilities Element. attached hereto and fully incorporated herein by this reference as "Exhibit A," is hereby adopted into the City of Cape Canaveral Comprehensive Plan. B. Intergovernmental Coordination Element The Intergovernmental Coordination Element is amended as set forth in "Exhibit B," attached hereto and fully incorporated herein by this reference. (underlined type indicates additions and pec type indicates deletions of text in the Comprehensive Plan). C. Capital Improvement Element. The Capital Improvement Element is amended as set forth in "Exhibit C," attached hereto and fully incorporated herein by this reference. (Underlined type indicates additions and strikeerat type indicates deletions of text existing in the Comprehensive Plan), D. Future Land Use Element. The Future Land Use Element is amended as set forth in `Exhibit D," attached hereto and fully incorporated herein by this reference. (Underlined type indicates additions and striketomt type indicates deletions of text existing in the CIty of Cnne. C_a_na_vPrni Ordinance No. 09-2008 Page 2 of 4 Comprehensive Plan) Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(4), Florida Statutes, and Section 9.I -I 1, Florida Administrative Code. Section 6. Repeal of Prior inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council of the City of Cape Canaveral, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 S. incorporation Into Comprehensive Pian. Upon the effective date of the Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Pian Amendment. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. [ADOPTION PAGE FOLLOWS] Ciry of f anP f nn --r Ordinance No. 09-2008 Page 3 of 4 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ROCKY RANDELS, Mayor ATTEST: Name For Against SUSAN STILLS, City Clerk Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh Transmittal Hearing: Adoption Hearing: Effective Dtae: 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. 07-20008 Page 4 of 4 CAPE CANAVERAL COMPREHENSIVE PLAN CHAPTER 9 PUBLIC SCHOOL FACILITIES ELEMENT TABLE OF CONTENTS Page Goal, Objectives and Policies 1-8 Appendix A - Map Series 9-15 PUBLIC SCHOOL FACILITIES ELEMENT GOAL, OBJECTIVES, AND POLICIES GOAL TO PROVIDE A PUBLIC SCHOOL SYSTEM THAT OFFERS A HIGH QUALITY EDUCATIONAL ENVIRONMENT, PROVIDES ACCESSIBILITY FOR ALL OF ITS STUDENTS, AND ENSURES ADEQUATE SCHOOL CAPACITY TO ACCOMMODATE ENROLLMENT DEMAND WITHIN A FINANCIALLY FEASIBLE SCHOOL *ISTRICT'S FIVE-YEAR CAPITAL FACILITIES WORK PROGRAM. Objective 1 Maintain adequate school facilities in Brevard County Schools by adopting a concurrency management system to address the need for correction of school facility deficiencies through a tiered level of service for the short and long term planning periods. Policy 1.1 To ensure that the capacity of all schools is sufficient to support student growth at the adopted LOS for the five-year planning period and trough the long term planning period for each CSA, the Parties hereby establish a Tiered LOS to achieve the adopted LOS. Upon achieving the LOS standard of 100% of permanent FISH capacity, by school year 2011- 2012, the Tiered LOS will be terminated. TIERED LEVEL OF SERVICE'- SCHOOL YEAR 2007-08 to 2011-12 Facility Type 2007-08 2008-09 2009-10 2010-11 2011-12 Elementary Schools 127% 130% 115% 105% 100% "Middle Schools 122% 120% ",100% 100% '100% Junior / Senior High Schools 133% 135% 110% 105% 100% High Schools 139% 130% 115% 100% 100% Source: MrWey-Horn and Associates, Inc. 2007 Policy 1.2 Cape Canaveral hereby adopts the School Board's current public school attendance boundaries, as the Concurrency Service Areas (CSA). Policy 1.3 Concurrency shall be measured and applied using a geographic area known as a Concurrency Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by the School District. Either Cape Canaveral or the School District may propose a change to the CSA boundaries. The following procedures shall be used for modifvin� a CSA ma -D: 2 A. The School District will transmit a proposed CSA map modification with data and analysis to support the change to the Cities, the County, and the Capital Outlay Committee (COC). Any proposed change to a CSA shall require a demonstration by the School District that the change complies with the public school LOS standard and that utilization of school capacity is maximized to the greatest extent possible. B. Cape Canaveral and the COC will review the proposed modification of the CSA and send their comments to the School District within 45 days of receipt of the proposed change. C. State transportation costs, court approved desegregation plan, and other relevant factors must be considered when ensuring the maximum utilization of school capacity when considering a change to a concurrency service area. D. The modification of a CSA shall be effective upon adoption by the School Board. Policy 1.4 The Parties shall observe the following process for changes in the use of schools: 1. At such time as the School District deteimines that a school change is appropriate considering the appropriate use of the school and utilization requirements, the School District shall transmit the proposed school change in use and data and analysis to support the changes to the Capital Outlay Committee and the Staff Working Group. 2. The Capital Outlay Coninuttee and the Staff Working Group shall review the proposed changes to the school use and send their comments to the School District within forty five (45) days of receipt. 3. The change in school use shall become effective upon final approval by the School Board. Objective 2 Cape Canaveral shall ensure a school concurrency evaluation shall be performed by the Brevard County School District to review projected residential development in order to accommodate new students at the adopted level of service for adequate school facility capacity. Policy 2.1. Cape Canaveral shall not approve any non-exempt residential development application for a new residential preliminary plat, site plan or functional equivalent until the School District School has issued a School Capacity Availability Determination Letter (SCADL) verifying available capacity. 3 Policy 2.2 Cape Canaveral shall consider the following criteria to exempt residential uses from the requirements of school concurrency: Criteria: A. Single family lots of record, existing at the time the school concurrency implementing ordinance becomes effective. B. Any new residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. C. Any amendment to any previously approved residential development that does not increase the number of dwelling units or change the type of Z71 dwelling units (single-family to multi -family, etc.). D. Age restricted communities with no permanent residents under the age of 18. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. Policy 2.3 Cape Canaveral, through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential projects that are not exempt under Policy 2.2. The minimum process requirements are described below: A. A residential development application including a School Impact Analysis (SIA) is submitted to the city for review. B. Cape Canaveral determines that the application is complete for processing and transmits the SIA. to the School District for review. C. The School District reviews the application for available capacity and issues a School Capacity Availability Determination Letter (SCADL) to the city: 1. If capacity is available within the affected CSA, the School District shall issue a SCADL verifving available ca-nacitv- I – I — 2. If capacity is not available within the affected CSA, contiguous CSAs are reviewed for available capacity. 3. If capacity is available in the contiguous CSAs, the School -1-11 ; - cry A T -'%T �-P __-1_1_1_ __ 41__ 311CLI! 133U%, CE 0�IILJI� VkAilymr, avanauic; ;,apm_ay M MU adjacent CSAs. M 4. If capacity is not available in the contiguous CSAs, the School District shall issue a SCADL indicating the development is not in. compliance with the adopted LOS and offers the developer a 90 -day negotiation period for mitigation. Policy 2.4 Cape Canaveral in conjunction with the School District shall review developer proposed applications for proportionate share mitigation projects to add the school capacity necessary to satisfy the impacts of a proposed residential development. Mitigation options may include, but are not limited to: A. Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or B. Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or C. Donation of buildings for use as a primary or alternative learning facility; or D. Renovation of existing buildings for use as learning facilities; or E. Construction or expansion of permanent student stations or core capacity; or F. Construction of a public school facility in advance of the time set forth in the School District's Five -Year Capital Facilities Work Program. Policy 2.5 For mitigation measures in Policy 2.4 (A) thiu (F) above, the estimated cost to construct the mitigating improvement will reflect the estimated future construction costs at the time of the anticipated construction. A. Improvements contributed by the developer shall receive school impact fee credit. B. The cost difference between the developer's mitigation costs and the impact fee credit, if greater, shall be the responsibility of the developer. Cape Canaveral and the School District shall provide a 90 -day negotiation period to a I I rN I X7 -FrVr Al�l 'A" A nagnf; nf;nn nf —4; --fr— - - - - - - - A 1— - 1- 1-- — ,, 1111LI&MIUR UUC1,3 Uy a developer. 6 Num- -M A. If mitigation is approved, Cape Canaveral and the School District enter into an enforceable binding agreement with the developer and the improvement(s) will be included in the School District's annually adopted Five -Year Capital Facilities Work Program and reflected in the next update to the Capital Improvernents Element. B. If mitigation is denied, the City must deny the application based upon no available school capacity. C. Cape Canaveral shall not issue any permits for a residential development until receiving confirmation of available school capacity in the fonn of a SCADL from the School District. Policy 2.7 Cape Canaveral shall, upon acceptance of a mitigation option identified in Policy 2.4, enter into an enforceable binding agreement with the School District and the developer. Policy 2.8 Cape Canaveral shall notify the School District when an approved residential development has paid impact fees and when the development order for the residential development expires. Objective 3: Beginning with an effective date of 2008, all new public schools built within the City of Cape Canaveral will be coordinated with the School District to be consistent with the Citv'.-, Fuhire Land Use Map designation to ensure facilities are proximate to appropriate existing and future land uses, serve as community focal points, are co -located with other appropriate public facilities, and will have needed supporting infrastructure. Policy 3.1 Cape Canaveral, in conjunction with the School District, shall jointly determine the npprl fnr, "Inrl tirnincy CNf n"_L;+" Q11f] r-dT_Q;fe ;rnprwrn � to --so— , +_ o' --f ___1 -1_1 —emens—ce sat, tooqppwt a nevv school. Y Policy 3.2 Cape Canaveral shall enter into an agreement with the School Board identifying the timing, location, and the party or pat -ties responsible for the planning, constructing, operating, and maintaining off-site improvements necessary to support a new school or school improvement to ensure that the necessary infrastructure is in place prior -.urrent with nor to or c,.c)n( construction. Policy 3.3 Cape Canaveral shall encourage the location of schools near residential areas by: A A : S�: +I_ C, 1_1 T'%-,--, __ I-- __1-_'_-_-*__ _V �SSILIngMeOCIIUUI111SUILILIII LIIU lu1�11LIlluaLIVIIUI iullullig UIIU/Ul construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements. B. Reviewing and providing comments on all new school sites including the compatibility and integration of new schools with surrounding land uses. C. Allowing schools within all residential land use categories. Policy 3.4 Cape Canaveral, in conjunction with the School District, shall seek opportunities to co -locate schools with public facilities, such as parks, libraries, and community centers, as the need for these facilities is identified. Policy 3.5 Cape Canaveral, in conjunction with the School District, hereby designates the Capital Outlay Committee (COC) as the monitoring group for coordinated planning and school concurrency in Brevard County. Policy 3.6 School concurrency shall become effective upon the adoption of this element (Public School Facilities Element). Additionally, the City of Cape Canaveral shall adopt school concurrency provisions into its Land Development Regulations (LDR) to further implement school concurrency. Policy 3.7 Cape Canaveral, in conjunction with the School District and the municipalities within the Brevard County shall identify issues relating to public school emergency preparedness, such as: A. The determination of evacuation zones, evacuation routes, and shelter locations. B. The design and use of public schools as emergency shelters. C. The designation of sites other than public schools as long-term shelters, to allow schools to resume normal operations following emergency events. Objective 4 Beginning with an effective date of 2008 and no later than December 1St of each year thereafter, the Cape Canaveral will include in its Capital Improvements Element (CIE), the School District's annually updated five-year schedule of capital improvements as adopted by the School Board, which identifies school facility capacity projects necessary to address existing deficiencies and meet future needs based upon achieving and maintaining the aa - Uopted level of scrn7icc standard 1603,17 sC'1100N. 7 Policy 4.1 By December 1, 2008, The City of Cape Canaveral shall adopt as part of its Capital Improvements Element the Brevard County School Districts Five Year Work Program approved by the School Board May 13, 2008 as part of the School District Budget. The Five Year Work Program includes planned facilities and funding sources to ensure a financially feasible capital improvements program and to ensure the level of service standards will be achieved by the end of the five-year period. And by December I of each year thereafter, the City will adopt the annually updated School District Five Year Work Program as part of its Capital Improvements Element. Policy 4.2 Cape Canaveral shall annually coordinate review of the entire Public School Facilities Element, including school enrollment projections, in conjunction with the School District and other local governments through the Capital Outlay Committee. This will provide an annual update of the process, including the Public School Facilities Element and maintain a public school facilities map series which are coordinated with Cape Canaveral's Future Land Use Map or Map Series, including the planned general location of schools and ancillary facilities for the five-year planning period and the long-range planning period. The Map Series shall include: A. Existing Public School Facilities Map - type and location of ancillary plants B. Five -Year Planning Period Map - generally planned public school. facilities and ancillary plants Policy 4.3 Cape Canaveral, in conjunction with the School District, shall coordinate the long range public school facilities mar) with its comprehensive plan and future land use map. The Map shall be included in the Map Series provided in Policy 4.2. A. The Long Range Planning Period Map - generally planned areas of future public school facility needs Policy 4.4 The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3) 184, F.S. M Map Series Index Map 1 Existing and Proposed Elementary Schools (Referenced in Data and Analysis as Figure 3a) Map 2 Existing and Proposed Middle and Jr/Sr. High Schools (Referenced in Data and Analysis as Figure 3b) Map 3 Existing and Proposed Senior and Jr/Sr High Schools (Referenced in Data and Analysis as Figure 3c) Map 4 Existing Public School Facilities and Ancillary Plants (Referenced in Data and Analysis as Figure 4a) Map 5 Proposed Ancillary Facilities (Referenced in Data and Analysis as Figure 4b) Map 6 Proposed Schools 10 Year Plan (Referenced in Data and Analysis as Figure 5) Map 1 Existing and Proposed Elementary Schools (Referenced in Data and Analysis as Figure 3a) k Existing and Proposed Elementary Schools (No Proposed Elementary Schools) dVErueW OUINA is T � RNTG 7 E1AG EF Fzl ApDl16v j £r lF FREEDOM i E ° LL 3 re e �x L<4TfP d fl htEb Drn L NEdNTEFGiEDi PLA -U FE f i w 1/FF^IDE OCEAN 6 F.EE=E 'E �a Map 2 Existing and Proposed Middle and Jr/Sr. High Schools (Referenced in Data and Analysis as Figure 3b) Existing and Proposed Cuddle and Jr/Sr High Schools (No Proposed Middle or Jr/Sr Hicgh Schools) "�� V�u131 k� .�,cFr�xal. '• g 1 � ¢: C: iEvT.�f' EHir�ER. I 4.Yr a Map 3 Existing and Proposed Senior and Jr/Sr High Schools (Referenced in Data and Analysis as Figure 3c) Existing and Proposed Senior and Jr/Sr High a Schools n 1 Proposed "CCC' Senior High vk FE CK a A;i ... d } 'aw F S:s.TELLrtE �.f MEL*NE w Pr�dTY P'p}71iu fxxzl4 Existing High Schools Proposed High School Map 4 Existing Public School Facilities and Ancillary Plants (Referenced in Data and Analysis as Figure 4a) max'. Existing Public School Facilities and Ancillary Plants w Map 5 Proposed Ancillary Facilities (Referenced in Data and Analysis as Figure 4b) 0 Map 6 Proposed Schools 10 Year Plan (Referenced in Data and Analysis as Figure 5) Figure K x Proposed Schools 4E 10 Year Plan r f e:- � v �, 71t 4 _3�. Middle School "DD" 3 's 2011-12 f 2016-1 ....... .-....... i �I • m Comprehensive Plan GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Updated July 15, 2005 • ►�A� ��J��J � [• [ � l� •�/�_ �A � lE l�lf�l�-■�1��1U•I • (4007) 629 08080-0 GOAL 1 The City shall participate in coordinated activities with State, County, Regional and adjoining community governments in order to better provide for the public health, safety and welfare of its inhabitants. Objective IG -1.1: The City shall coordinate its planning efforts with the plans of school boards, other units of local government providing services but not having regulatory authority over the use of land, and with the planning efforts of Cocoa Beach, Cocoa, Brevard County, the Port of Canaveral, the East Central Florida Regional Planning Council, and the State of Florida. The measurement of this Objective shall be the degree to which the following Policies are implemented. Policy IG -1.1.1: The City shall request the review of plans of others to ensure compatibility between uses within Cape Canaveral and areas immediately adjacent to the Cape Canaveral city limits. Policy IG -1.1.2: The City shall review policies of the State, regional entities and Brevard County to encourage conformance of the City's Plan with those of these other governments. Policy IG -1.1.3: The City shall exchange planning information on a regular basis with the City of Cocoa Beach, the City of Cocoa, Brevard County, the Brevard County Housing Authority, the Brevard County School Board, and any other units of local government providing services in the City but not having regulatory authority over the use of land therein. Objective IG4.2: The City shall cooperate with any state, regional or local entity having operational and maintenance responsibility for public facilities within Cape Canaveral in establishing level -of -service standards for triose facilities. The measurement of this Objective is the degree to which the following Policies are implemented. INTERGOVERNMENTAL COORDINATION Page 2 City of Cape Canaveral Transmittal ransitta EAR -Based ^ me dme t -s Harris & llcober -28 199 r Walls, tr Policy IG -1.2.1: The City shall cooperate with the Florida Department of Transportation (FDOT) in establishing level -of -service standards for State highways within the City. Furthermore, the City shall work towards greater communication with the FDOT on transportation and growth management issues. Policy IG -1.2.2: The City shall cooperate with the City of Cocoa in establishing level -of -service standards for Cocoa's water system within Cape Canaveral. Policy IG -1.2.3: When conflicts occur between Cape Canaveral and other governmental entities, Cape Canaveral shall consider the use of the Regional Mediation Process in resolving such conflicts. Policy IG -1.2.4: The City shall coordinate any proposed or requested annexations with Cocoa Beach and/or Brevard County. Policy IG -1.2.5: When development within Cape Canaveral is proposed adjacent to the city limits, the City shall review the proposed development in relationship to the existing comprehensive plans of adjoining governments. Policy IG -1.2.6: The City shall, where practicable, coordinate the management issues concerning the Banana River and the Atlantic Ocean with other governing bodies bordering on said river and ocean. Policy IG -12.7: l l le l..lty W ill share 1i LLUI111U L1U11 U11 1C V Cl-Ul-ser V 1U2 Issues W1111 the I01110W Ing enures: Port Canaveral (for sanitary sewer), Cocoa Beach (for recreation, drainage, and transportation), Brevard County (for solid waste and transportation), ECFRPC (for planning assistance), City of Cocoa (for potable water), and FDOT (for transportation). INTERGOVERNMENTAL COORDINATION Page 3 City of Cape Canaveral Transmittal EAR Based "......,.1...e t -s Ivey,Walls,Ine. Octoberr Objective IG -1.3: The City shall, through coordination with adjacent units of local government, including Brevard County and the Canaveral Port Authority, and coordination with regional entities such as the ECFRPC and the SJRWMD, and coordination with State agencies, facilitate the mutual consideration of the impacts of development proposed in this Plan. The measurement of this Objective is the degree to which the following Policies are implemented. Policy IG -1.3.1: The City shall ensure that the coordination entities cited in Objective IG -3 are made aware of the contents of this Plan as far as proposed development is concerned, and the City shall be receptive to comments from those entities concerning the impacts of the proposed development. Policy IG -1.3.2: The City shall discuss and share information on infrastructure services regarding proposed development with Port Canaveral (sanitary sewer), Cocoa Beach (recreation, drainage and transportation), Brevard County (solid waste and transportation), Brevard County (solid waste and traffic circulation), ECFRPC (planning assistance), City of Cocoa (potable water, and FDOT (transportation). Goal 2 The City shall establish and maintain a cooperative relationship with the Brevard County School Board to provide an effective -joint planning process including_ procedures to coordinate land use Manning with the development of school facilities including public school siting, population protection calculations and the provision of public schools concurrently with residential development and infrastructure. INTERGOVERNMENTAL COORDINATION Page 4 City of Cape Canaveral Transmittal EAR Bawd mend_...._,.s Iver, Harris & Walls, hte. October no 1998 Objective IG -2.1: The City shall establish coordination mechanisms with the School Board to achieve a collaborative effort to identify school needs, provide for schools facilities and implement school concurrency using consistent suRporting data and analysis. Policy IG -2.1.1 In cooperation with the School Board, the City shall adopt and implement the interlocal agreement as required by Section 1013.33 F.S., which includes procedures for: a) Coordinating and sharing information b) Placement of schools and ancillary facilities c) Amendment and review of the Comprehensive Plan d) Site design and development plan review e) joint development of schools, parks and other uses f) Implementation of school concurrency g) Implementation of Interlocal Agreement amendments h) Resolution of disputes Policy IG -2.1.2 The City shall participate as members of School Board committees listed in the Interlocal Agreement to assist with the coordination of school placement review of School Board data, provision of determinations of impact fee fund distribution INTERGOVERNMENTAL COORDINATION Page 5 City of Cape Canaveral 'T'....n....._ttal EAR -Based "-------a---ent-, lver, Harris & Walls, hie. October 28 ,199 and review of proposed school concurrency amendments to local government comprehensive plans Policy IG -2.1.3 The City shall review School Board data and share development information, population projections and infrastructure availability information with the School Board consistent with the procedures provided in the Interlocal Agreement. Policy IG -2.1.4 The City shall provide the School Board with applications for new development in accordance with the provisions in the Interlocal Agreement. Objective IG -2.2: The City shall adopt regulations necessary to implement school concurrency, Policy IG -2.2.1 The city shall adapt regulations necessary to implement school concurrency n later than the date of issuance by the State Department of Community Affairs of a Notice of Intent to find the Public School Facilities Element in compliance. INTERGOVERNMENTAL COORDINATION Page 6 City of Cape Canaveral Transmittal EAR -Based Amendments lver, Harris & Walls, hie. October nQ 499 EXI+IBI I C Comprehensive Plan CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral r Updated September 16, 2008 GOAL 1: The overall goal for the Capital Improvements Element of the City of Cape Canaveral is to provide a program to coordinate the timing and to prioritize the provision of capital improvements which support the goals, objectives and policies of the City's Comprehensive Plan and encourage efficient and fiscally -sound utilization of public facilities; this includes the principle that the Capital Improvements Element is to serve as a tool for decision-making by the City government. Objective CI -1.1: The City shall utilize the Capital Improvements Element as a tool to ensure that capital facilities are made available in a timely manner to satisfy existing deficiencies, accommodate infrastructure needs for planned future growth, and replace obsolete or worn-out facilities. The measurement of this Objective is the degree to which the following Policies are implemented. Policy CI -1.1.1: The City shall, at least once per year, review and update the Capital Improvements Schedule and Budget in order to ensure that it is based upon the most recent data and outlook. Policy CI -112 - The City shall accommodate the public facility needs of new growth on an ongoing basis. Policy CI -1.1.3 The City shall evaluate public facilities necessary to correct existing deficiencies and to provide for future growth by determining the capacity of existing and planned facilities to meet the needs of new development. This evaluation shall employ the level -of - service standards adopted in the Comprehensive Plan for sanitary sewer, traffic circulation, drainage, recreation and open space. These level -of -service standards are as follows: A. RECREATION: * Parks: two acres /1000 population for all parks. * Open Space: one acre/1000 population CAPITAL IMPROVEMENTS Page 2 City of Cape Canaveral Transmittal EAR -Based Amendments October nQ 1 nno Ivey,Walls, , B. SANITARY SEWER: 118 gallons per person per day C. DRAINAGE: retention of the first inch of rainfall for new developments, and a design storm of 5 -year frequency and one hour duration with rainfall of 3 inches per hour and removal of excess water within 3 hours of the event. D. SOLID WASTE: 8.52 lbs. per capita per day. E. TRAFFIC CIRCULATION: minimum level -of -service standard "E", with desired level -of -service standard "C"; plus use of "interim" level -of -service standard as defined in Policy T-1.2 in event of an "F" condition. F. POTABLE WATER: * Consumption standard: 264 gallons per household per day. * Pressure standard: 60 psi. G. The uniform, district -wide level of service standard for permanent capacity based on the Florida Inventory of School Houses (FISH) capacity, is as follows: TIERED LEVEL OF SERVICE BY SCHOOL YEAR Facili lype 2007-08 2008-09 2009-10 2010-11 2011-12 Elementary 127% 130% 115% 105% 100% Middle Schools 122% 120% 100% 100% 100% Jr. Hi h 133% 135% 110% 105% 100% High 139% 130% 115% 100% 100% Note: See analysis of the Public School Facilities Element for detailed information on LOS Standards. POLICY CI -1.1.4: The City shall employ the usual policies and procedures of its legislative, administrative and fiscal system to ensure that the City's share of funds for the capital improvements specified in the Capital Improvements Schedule and Budget and included in the Annual Capital iif�provellLents Budget are identified, made available, authorized, appropriated, and expended for the intended purposes. POLICY CI -1.1.5: CAPITAL IMPROVEMENTS Page 3 City of Cape Canaveral Transmittal EA Based Amendment's The City shall allocate costs of new public facilities according to benefits received by existing and future residents. Objective CI -1.2: The City shall adopt an Annual Capital Improvements Budget as a part of its annual budgeting process which is consistent with the Capital Improvements Schedule and Budget of this Element. The measurement of this Objective is the extent to which it is accomplished and the degree to which the following Policies are implemented. POLICY CI -1.2.1: Annually, the City shall prioritize traffic circulation improvements based upon its established level -of -service standards, and the City shall consider the following factors: the volume -to -capacity ratio of each City roadway; the roadways based upon the established level -of -service standard and the highest volume -to -capacity ratio shall be ranked highest for improvements. POLICY CI -1.2.2: Drainage improvements shall be identified and ranked based upon a drainage system condition. The drainage improvements will receive a ranking according to facility deficiencies measured by the applicable level -of -service standard. POLICY CI -1.2.3: The City shall rank sanitary sewer and water facility improvements based upon the following factors: established level -of -service standards; locational criteria of the Future Land Use Element; the degree to which they eliminate public health hazards; the degree to which they improve the treatment levels for pollutants; and the degree to which they project that the natural environment. The highest funding priority shall be given to projects addressing facility needs for development approvals awarded prior to adoption of the Comprehensive Plan. POLICY CI -1.2.4: The City shall rank recreation and open space facilities based upon their ability to attain or maintain the established level -of -service standard; the degree to which they promote the efficient operation of existing facilities; and the degree to which they eliminate handicapped -access problems. Factors for prioritization are: facilities which will ,orrect the r +o f- foC;14c� rl � 1 .7 th ta1.1;-1,-A l r. -I t �. 611-1` 1 iulu y lA�C1i�,.ieiLl.ieJ VaJeLA lApolt L1LC esLCIU11D1LU" 1C V Cl-of-.7er standard will be given the highest ranking; facilities addressing the operation and maintenance of existing facilities shall be given the next highest ranking. CAPITAL IMPROVEMENTS Page 4 City of Cape Canaveral Transmittal Based Amendments, October 28 -199-8 POLICY CI -1.2.5: The City shall insure that the Annual Capital Improvements Budget Contains all of the City's capital improvements for which funding is needed during the year in question, including, but not limit to, the items in the Capital Improvements Schedule of the Comprehensive Plan. POLICY CI -1.2.6: The City shall adhere to the following debt management criteria; the ratio of total debt service to total revenue shall not exceed .1, or 10%; the ratio of total capital debt to the taxable portion of the tax base shall not exceed .1, or 10%; there shall be no limitation on the use of revenue bonds as a percentage of bonded debt. Objective 0-1.1 The City shall ensure that its public facility expenditures do not unnecessarily subsidize development in high -hazard coastal areas, except for expenditures for public land acquisition or enhancement of natural resources. The measurement of this Objective is the degree to which public facility expenditures are restricted in high -hazard coastal areas, plus the extent to which the following Policies are implemented. POLICY CI -1.3.1: The City shall not locate public infrastructure (other than public recreation, open space, conservation, or coastal access facilities) within the high -hazard coastal zone unless there is no alternative. POLICY CI -1.3.2: The City shall require developers in high -hazard coastal areas to provide sanitary sewer, water, drainage, and circulation facilities for new development, thereby reducing the amount of public funds needed for such improvements. POLICY CI -1.3.3: The CiLY shaii iiLsure +dial prier to Ci y approval, au deve1Vp11Lem proposed 1U1 coastal high -hazard areas meets PDEP requirements. Objective CI -1.4: The City shall provide the public facilities and the funding required for future frowth and redevelopment and that new growth pays for its fair share of these facility costs. The measurement of this Objective is the implementation of LOS standards and the degree to which all users pay their fair share of public facility costs. CAPITAL IMPROVEMENTS Page 5 City of Cape Canaveral Transmittal EAR -Based Arnendments �_ober � ivey,Walls, t 281 -1-9% o r 9% POLICY CI -1.4.1: The City shall continue to enforce its adopted impact fee ordinances for sanitary sewer and fire protection. POLICY CI -1.4.2: The City shall continue to require that developers provide the on-site facilities for sanitary sewer, water, drainage, and transportation for their developments. POLICY CI -1.4.3: The City shall consider whether other types of impact fees are necessary and appropriate (e.g., transportation or recreation impact fees). GOAL 2: The City shall support the Brevard County School Board in its efforts to provide a financially feasible public school facilities program. Objective CI -2.1: The city shall coordinate with the School Board in its efforts to address existing deficiencies and future needs consistent with the adopted level of service standards for public schools. POLICY CI -2.2.1 By December 1, 2008, The City of Cape Canaveral shall adopt as part of its Capital Improvements Element the Brevard County School Districts Five Year Work Program approved by the School Board May 13, 2008 as part of the School District Budget. The Five Year Work Program includes planned facilities and fanding sources to ensure a financially feasible capital Inlpi'UyeiIlei1tS progranl and to ensure the level of service standards will be achieved by the end of the five-year period. And by December 1 of each year thereafter, the City will adopt the annually updated School District Five Year Work Program as part of its Capital Improvements Element. CAPITAL IMPROVEMENTS Page 6 City of Cape Canaveral Transmittal EAR -Based Amendments October n-8 799-8 Ivey,Walls, v , POLICY 0-2.2.2 Proportionate Share - The City shall coordinate with the School Board as Provided in the adopted interlocal agreement to ensure that future development pays proportionate share of the costs of capital facility capacity needed to accommodate new development, and to assist in maintaining the adopted level of service standards via impact fees and other legally available and appropriate methods. CAPITAL IMPROVEMENTS City of Cape Canaveral Ivey, Harris & Walls, Page 7 Transmittal EAR Based Amendments EX"NI-51T D Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Updated July 15, 2005 Prepar-ed h. PA PA Cowin w tI WWI - GOAL 1 The overall goal for the City of Cape Canaveral for future land use is to insure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses. Objective LU -1.1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the following Policies are implemented: Policy LU -1.1.1: The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. Policy LU -1.1.2: The City shall require developers to provide for the local sanitary sewer, reuse and water systems to serve their developments. Policy LU -1.1.3: The City shall require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. Policy LU -1.1.4: The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. Policy L.U-1.1.5: The City shall require large scale residential development to provide an adequate range of services and facilities in accordance with the character of the development, and to reduce the direct or indirect cost to the public sector in providing such services and facilities. FUTURE LAND USE Page 2 Objective LU -1.2: Should blighted areas occur, the City shall work toward redevelopment or renewal of such areas. The measurement of this Objective is the continuing lack of blighted areas and the degree to which the following Policy is implemented. Policy LU -1.2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU -1.3: The City shall work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveral and the degree to which the following Policies. are implemented. Policy LU -1.3.1: The City shall enforce its various ordinances which regulate the land use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). Policy LU -1.3.2: The City shall require new development to be compatible with adjacent land uses. Policy LU=1.3.3: The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5,808 lots /acre= *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/ acre. *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre. -t-T i 1 T 7. . T_ l l 1 *' 1-i, Light Idustrial: maximum 4.356 lots/ acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. FUTURE LAND USE Page 3 *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON, Conservation Objective LU -1.4: The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the following Policies are implemented. Policy LU -1.4.1• The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) Policy LU -1.4.2: As historically -significant properties are identified, these shall be designated and protected. Policy LU -1.4.3: The City shall maintain a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order. Objective LU -1.5: The City shall coordinate coastal area population densities with the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. Policy LU -1.5.1: The City shall continue to monitor density of developments, especially in the high - hazard areas. Objective LU -1.6: The City shall attempt to prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. FUTURE LAND USE Page 4 Policy LU -1.6.1: The City shall work toward development on infill parcels. Policy LU -1.6.2: The City shall encourage projects which are adjacent to existing public infrastructure. Objective LU -1.7: The City shall ensure the availability of land suitable for utility facilities necessary to support proposed development. The measurement of this Objective is the availability of land for utility facilities. Policy LU -1.7.1: The City shall continue with its policy of requiring developers to provide local sanitary sewer and water lines at the time of development. Policy LU -1.7.2: The City shall continue to cooperate with the Cocoa Water Department for locating and obtaining land for additional water facilities which may be required to be located within Cape Canaveral at some future date. Objective LU -1.8: The City shall work toward the use of innovative land development regulations. The measurement of this Objective is the extent to which innovative land development techniques are allowed and the degree to which the following Policy is implemented. Policy LU -1.8.1: The City shall allow planned unit developments (PUD's) with proper review, using the following specific criteria: 1, The PUD is an area of land developed as a single entity, or in approved stages, in conformity with a final development plan which is intended to provide for a variety of residential and compatible uses and common space. 2. The PUD is a concept which permits variation in residential developments by allowing deviation in lot size, type of dwelling, density, lot coverage, and open space from that required for any one residential land -use classification under the zoning regulations. 3. PUD procedures and standards will have the following objectives: FUTURE LAND USE Page 5 A. Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. F. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development. G. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors. H. PUD should utilize economical and efficient use of land, utilities and streets and other infrastructure. 4. No PUD shall be approved by the City until such time as a PUD ordinance is adopted by the City; this PUD ordinance shall be an up-to-date type of ordinance based upon the criteria specified above. Objective LU -1.9: The City shall alleviate the impacts of inadequate public facilities and services, substandard structures and lot configurations in the blighted or other affected areas in the County through redevelopment and beautification activities. Policy 1.9.1: In July of 1995, the City identified areas, prepared and adopted in the State Route AlA Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound FUTURE LAND USE Page 6 commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: CRITERIA: A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage, solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision- making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. Obi ective LU -1.10: The Citv shall strive to coordinate with the Brevard Countv School Board with regard to the location of future public schools within the corporate boundaries of the City. Policy 1.10.1 Traditional types of public schools (high schools, junior high/middle schools and elementary schools) shall be an allowable use in all Future Land Use categories except FUTURE LAND USE Page 7 the M-1 Industrial and PUB Public/ Recreation. The City shall be cautious and attempt to reduce an impact of school sitting and its compatibility to other uses for the Future Land use category that may be impacted. Policy 1.10.2 High schools shall be required to be located on collector and arterial roads. Policy 1.10.3 The City of Cape Canaveral, in conjunction with the School District, shall seek opportunities to co -locate schools with Public facilities, such as parks libraries and community centers, as the need for these facilities is identified. FUTURE LAND USE Page 8 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared KATHY CICALA who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY , a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD#1006732) $140.87 the matter of CITY OF CAPE CANAVERAL the Court NOTICE OF COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 09-2008 was published in the FLORIDA TODAY in the issues of NOVEMBER 24 2008 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MF_.LBOURNE, in said Brevard County Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ,advertisement for publication in said newspaper. ✓��' r'i ✓ = (SiinatuV6-of Sworn to and subscribed before this ao� Y PUe4c S. H. WARD "ISS l/iil A16 /1 MY COMMISSION I DD 449461-- EXPIRES: _6i1v99 911 A (Signature of Notary Public) OF FG�P\�P Bonded Thor Budget Notary Servien J S. H. WARD (Name of Notary Typed, Printed or Stamped) Personally Known X or Produced Identification Type Identification Produced ;meenna Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Discussion Item 10 No. deed the roadways to the City. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR N. ATLANTIC AVENUE AND CENTRAL BLVD. DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review the Interlocal Agreement with Brevard County and whether or not to amend said agreement. Summary Explanation & Background: The county is constructing the improvements to the N. Atlantic Avenue, Central Blvd. Intersection. At the conclusion of this project, the county wants to resurface N. Atlantic Avenue and Central Blvd. and deed the roadways to the City. The City and county could amend the Interlocal Agreement that would give the City the resurfacing money, $147,588 for N. Atlantic Avenue and $151,680 for Central Blvd., and deed to the roadways. Please advise. Exhibits Attached: Interlocal Agreement City 1VManar" s ice Department LEGISLATIVE i i I cape-nt\kim\mydocuments\admin\council\meeting\2008\11-25-08\interlocalagreement.doc Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Monday, November 10, 2008 2:08 PM To: Bob Hoog; Buzz Petsos; C. Shannon Roberts; Rocky Randels (rocky-cape@cfl.rr.com); Walsh Betty (bettywalsh1 @bellsouth.net) Cc: 'Walter Bandish'; 'Jeff Ratliff'; 'stills-cape@cfl.rr.com'; 'Raymond, Harriet F' Subject: Interlocal agreement for Ridgewood, Central & N. Atlantic avenues Attachments: agreement for Ridgewood, Central & N. Atlantic ave's.pdf Hello Everyone, Attached is a copy of the Interlocal agreement the City Council entered into to obtain the deeds to Ridgewood, Central & N. Atlantic avenue's from Brevard County. After completion of the intersection project the County wants to either resurface N. Atlantic Avenue and Central Blvd. or give the City the funds set aside and deed over the roadways. Either way, the County wants to deed over these roadways. I'll bring this up for discussion the first meeting in December, I want to talk with staff and Brad Smith about the resurfacing z agreement for Ridgewood, Centr... Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL_ 32920 phone 321-868-1230 fax 321-868-1224 www.m)dlorida.com/cape i ♦_ BOARD OF COUNTY COMMISSIONERS TRANSPORTATION ENGINEERING DEPARTMENT 2725 Judge Fran Jamieson Way, Bldg. A., Rm. 204 Viera, Florida 32940 September 5, 2007 Mr. Bennett Boucher City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920-0326 FLORIDA'S SPACE COAST Telephone: (321) 617-7202 FAX: (321) 633-2083 Re: N. Atlantic Avenue, Ridgewood Avenue and Central Avenue Dear Mr. Boucher: Enclosed, is the recorded Interlocal Agreement between the City of Cape Canaveral and Brevard County for the above referenced roadways. Also enclosed is the recorded deed for the transfer of ownership of Ridgewood Avenue from Central Boulevard to Grant Avenue, along with a check in the amount of $967,320.00 made payable to the City of Cape Canaveral. The resurfacing of Central Boulevard from SR AIA to Ridgewood Avenue, and the agreed upon work on N. Atlantic Avenue is not complete. Very truly yours, Harriet Raymond Special Projects Coordinator Ill Enclosures cc: John Denninghoff, P.E., Transportation Engineering Department Director Ed Gardulski, Assistant Road & Bridge Department Director, with copy Mary O'Neal, Road & Bridge Support Services Manager, with copy Scott Spillman, Road & Bridge Central Area Manager, with copy Bob Graham, Traffic Operations Manager, with copy PRINTED ON RECYCLED PAPER INTERLOCAL AGREEMENT This Agreement, made and entered into by and between the Board of County Commissioners of Brevard County, Florida, hereinafter referred to as "County" and the City of Cape Canaveral, Brevard County, Florida, hereinafter referred to as "City" Whereas, the County and the City wish to enter into an agreement concerning improvements to N. Atlantic Avenue between SR A1A and Port Canaveral, Central Boulevard from SRA1A to Ridgewood Avenue and Ridgewood Avenue from Central Boulevard to Grant Avenue, located in the incorporated area of the City, with the County having ownership and maintenance responsibilities over said roadway; and Whereas, the County and the City wish, as part of this agreement to mutually participate in funding, resurfacing and future ownership and maintenance responsibilities of this roadway, hereinafter referred to as the Project. Whereas, the City desires the County's assistance in coordinating this project; and Whereas, the County and City covenant and agree that they have full power and authority to enter into this Agreement and bind their respective governmental entities It is therefore, agreed as follows: (1) The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this Agreement. (2) Statutory Authority: This Agreement shall be considered an Interlocal Agreement pursuant to authority of Florida Statutes, Chapter 163, Part 1, 2006. (3) Projects: The City and the County agree that the County, and City via currently allocated Impact Fees disbursements will provide funding needed to complete intersection and widening improvements on N. Atlantic Avenue between SR A1A and Port Canaveral (this project includes: adding a center turn lane from south of Central Avenue to Port Canaveral and from Central Avenue top SR A11 A. It also includes adding Asouth and northbound left turn IaneQ loge#he[ �1tYltl j signal improvements at iii. r -%U Ll Avenue Ne and CG-iI al Boulevard; that the County will resurface Central Boulevard from SRA1A to Ridgewood Avenue; and that the County will provide to the City $167,320 as allocated by the Board of County Commissioners for the resurfacing of Ridgewood Avenue from Central Boulevard to Grant Avenue= CFN 2007193911.OR l3K 55803 Page 1 15, Recorded 0810912007 at 02:05 pM, Scott Ellis, Clerk of Courts, Brevard County # pgs:13 (4) Financial Contribution to the Project: The County and the City agree that: (a) The County will utilize the funding currently allocated by the Board of County Commissioners for all of roadways listed as the "projects". (5) Lead Agency: The City agrees that the County shall be the lead agency to perform all work on the project. The County shall have the authority to enter into appropriate contracts to perform work on the project in compliance with Florida Statutes. (6) Notices: All notices required under the agreement shall be in writing and delivered to the parties by United States mail, as follows: (a) City Representative Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 (b) County Representative Harriet Raymond, Special Projects Coordinator III Brevard County Transportation Engineering Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 (7) Ownership and Maintenance: The County and the City agree that upon completion of the each of the "projects", the City will assume ownership and maintenance responsibilities of each of the "projects". Ownership of the roadways shall transfer to the City via the attached Exhibits "1" "2", and "3", which shall be executed by both parties upon completion of the projects. Approval for execution of the documents is included in approval of this interlocal agreement and no further action is required by either party. The City shall also assume responsibilities for any and all permits of record associated with the "projects" and shall execute all necessary documents to formally accept these permits. (R) Indemnification: The City agrees that it will indeYrhnify and hold harmless the County, to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes of action of any kind and/or nature arising out of or connected with the City's sole negligence in the management, control, use, operation, maintenance or repair of the Utilities installed during this project subject to Florida Statute 768.28. The City agrees that it will, at its own expense, defend any and all actions, writs or proceedil lgs which are e br oought C19011 10L U le CUUI Illy a[ Id wl 11X1 I ar MAU-- olit UI circumstances set out previously in this paragraph; and that it will satisfy, pay 2 and discharge any and all judgement that maybe entered against the County in any such actions or proceedings. The County agrees that it will indemnify and hold harmless the City, to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes to action of any kind and/or nature arising out of or connected with the County's sole negligence in the management, control, use, operation, maintenance, or repair of those portions of roadway for which it had a duty and responsibility prior to this Agreement subject to Florida Statute 758.28. The County agrees that it will, at its own expense, defend any and all actions, writs, or proceedings which are brought against the City and which arise out of circumstances set out previously in this paragraph; and that it will satisfy, pay, and discharge any and all judgments that may be entered against the City in any such actions or proceedings. (9) Attorney's Fees: In the event of any legal action to enforce the terms of this contract, each party shall bear its own attorney's fees and costs. This provision shall not be interpreted to be a pledge of ad valorem tax revenues. (10) Default: Either party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. Each party agrees to pay all reasonable costs and attorneys fees to the other party not in default, provided such costs and attorneys fees are payable under this paragraph only to the prevailing party in such suit. (11) Severability: If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can still be accomplished. (12) Entire : This Agreement represents the understanding and agreement of the parties in its entirety. There shall be no amendments to the Agreement unless such amendments are in writing and signed by both parties. (13) Effective Date: Pursuant to Section 163.01(11) Florida Statutes, the effective date of this agreement shall be the date on which this instrument is recorded in the Public Records of Brevard County, Florida. (14) Termination Clause: The County or the City shall have the right to terminate this Agreement by furnishing written notice to the parties listed in paragraph (7). However, paragraph (4) of this Agreement shall be adhered to. In the event that the City has not completed the resurfacing of Ridgewood Avenue in 3 years from the date of this agreement, the funds will be refunded to the County. 3 i i'rl)V WITNESS 11lHEREOF, we have set our hands and seals. 2T 1'� City of Cape Canaveral: r Y •' 0 ' ,f�f I V' �� � Vj'ti Yom/ v►._ Rocky Randel , Mayor ©ate ATTEST: Scott Ellis Clerk of the Circuit Court Reviewed for legal form and content: Assistant County Attorney Board of County Commissioners of Brevard County, Florida kie Colon, Chairperson As pproved by the modid on: 03-20-07 4 Exhibit "3" CFN 2007208369, OR BK 5807 Page 7503, Recorded 08!2912007 at 02:51 PM, Scott Ellis, Clerk of Courts. Brevard County Doc. D: $0.70 # Pgs:3 COUNTY DEED THIS DEED, made this 2ntl4ay of, Mar,,t, 20-0�, by the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Viera, Florida 32940, party of the first part, to Tjg City of Cape Canaveral, Florida. whoseerzs_ is 105 Palk AV -M& pe Caw—egrjL Florida 32924 party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of $10.00 to it in hand paid by the party of the second part, receipt whereofis hereby acknowledged, has grained, bargained and sold to the party of the second part, his heirs and assigns forever, the land described in Exhibit "A", attached hereto and made a part of this Deed said land lying and being in Brevard County, Florida. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed'in its name by its Board of County Commissioners acting by the Chairman and said Boar ; the day and year -aforesaid. ATTEST: ,' BOARD OF COUNTY CQMMISSIQNERS OF BREVARD COUNTS FLORIDA SCOTTELLIS, CI.BIt': r., - ckie Cion, Chairperson As approved by the Board on 23--20-07 ctydeed,doc Exhibit "A" RIDGEWOOD AVENUE, FROM GRANT AVENUE TO CENTRAL BOULEVARD, IN SECTIONS 14 AND 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST, AND RECORDED IN PLAT BOOK 3, PAGE 7A, PLAT BOOK 17, PAGE 81, PLAT BOOK 21, PAGE 80, PLAT BOOK 31, PAGE 30, AND OFFICIAL RECORD BOOK 2356, PAGE 1096, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA,. �� _..r--_.._�.._ _._ _..--------_.._�._.-____erre ._..._...__ . .. ---•-•--erre + � Gcean Park Woo tin NJ' VILLAGES OrSEAFORT 1P 113n Wig` Dak LA eras Dr Harbor Or ARBOR Af Nfl4awde - Harbor or HEIGHTS _ U L = nr _ Oak limpw 4'rd f�lr � zar AN �Sy r E bC:rrlr� ro �� baa I '�. we g�' � WOODS g �• lrwor M+na e � tirdcgfCt roam f Cana Iii Be [�lil1 e� °f'Ln � ChandFor f s` 14> ewood Avenue r ea Wg b75l1Db { Tarr AIA Ct aroliinW S! = RALAKEws.Grant Avenue - CenUl MtM COrr�UU Boulevard �! eerc i • ch fir iixlwa: ' tm, rrrr • eHrr /r[r� drM Ad s : aoo Point Rd Jet i !J-001 W AW SET Rinp lisp Ust Ln � ARMS CAPE - Madi on Ar GARDENS 11 No roa A +eo � ! 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H06FrfAY SN6Rt5Ari5. �PO She q( to to SyrannW zoo to SEA (VILL tlLAt:!t U111?APTS rlo to m kof$Qra ztn y �o(Sln � COCOA cc �O Co a ii aah CWw � • o: rN ,r�R�xpNo tNPr/HO ar RQ Engle to o MAX G( Yfax1j. tin r trl rE p6hzd AC H t.ardLn -Vo ST d# 35 tt,tC _ Pfm Ln rt:cac a L`n - -.,x to %wits to $ OCEAN TERRACE whaltp ri rates t $Swirl Dr i11 5 to lQL t O _ INC~ w 0I NO. 775828 - Payment Date: 08/30/2007 Vendor No.: 5371 BOARD OF COUNTY COMMISSIONERS P.O. BOX 1496 TITUSVILLE, FL 32781-1496 321-637-2002 Check Total ............................. FOP YOUR RFr-'nRr).q Page: 1 of 1 167,320.00 $ 167,320.00 4 5 WAR 9?�,611 P, CPU, 0 AFTER EOX,I 49,61--, -�,No-,-775'8f r2 .8 'FIL 3278 1-1491 63p 2002 t rusvll-�E, '0873,012007 J, 20.0 - 0 EIS THOU 1Np THREE iiU111L?1 D TWENTY iF E#16 0N Sff]N'T"R'LIST�13AN K, CM RAL-AOIR' 4�5 Q k E RA, L, v III? ?S13 21Gii, 1:061 LDO?901:6990 2 150tt 2133EIii, Meeting Type: Regular Meeting Date: 12-02-08 AGENDA Heading Discussion Item 11 No. The City does not own the Ocean Woods stormwater system; therefore, the City cannot use public funds to AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: OCEAN WOODS STORMWATER SYSTEM DEPT/DIVISION: LEGISLATIVE Requested Action: Ocean Woods resident Mr. Richard Worley is requesting that City Council fund the repairs to the Ocean Woods Subdivision stormwater system. Summary Explanation & Background: I talked with the HOA property manager and the HOA is going to impose an assessrnent- to fund the repairs. The HOA was not able to get FEMA mitigation funds and the HOA declined to apply for an SBA loan. The City does not own the Ocean Woods stormwater system; therefore, the City cannot use public funds to repair a private system. I requested that a member of the HOA be in attendance to address City Council on this issue. Exhibits Attached: HOA letter dated 10/17/08; Council minutes of 11/20/07; City Code on Maintenance City Manager's -Office,,---, Department LEGISLATIVE ('�ftt' im\my o, ents\admin\ l\meeting\2008\12-02-08\oceanwoods.doc 11/24/2009 21:54 3217838293 OCEAN WOODS PAGE 01 Homeowner'sAssociation ,Inc. 306 Ocean Woods ,boulevard Cape Canaveral, Ft 32920 (321) 783-8293 November 20, 2008 Attention All Homeowners Ocean Woods Homeowners Association Nott` xcation of 'Special Assessment At the monthly meeting of the Board of Directors on November 19, 2008 the Board of Directors voted to place a one time Special Assessment of $296.00 towards each property in the Association to replace the Storm Drain on Oleander and replace the security cameras. $240.00 of the assessment is for the storm drain and $56.00 of the assessment is for the cameras. The sum of $296.00 may be split into two payments. The first payment of $148.00 will be due on or before December 5, 2008. The second payment of $148.00 will be due no later than January 5, 2008, please detach the payment coupons below and send them with the check or monies for this assessment. We request that a separate check or other monies be used instead of adding it into your monthly maintenance fee. ,Please mail or drop off all,payments directly to the Ocean Woods Office. Should you have a financial need to extend the due dates of the assessment please contact the Manager or a Board member to mange payment. Sincerely, Ocean Woods Homeowners Association Board of Directors Payment Coupons Detatch Here Name: Lot# Special sessment Payment 1 Address Amount Due: $148.00 Check # D UE" NO LATER THAN 1215/08 Remit payment to: OWHA, 306 Ocean Woods blvd. Cape Canaveral FL 32920 Name: Lot# Special -sess went Payment 2 Address Amount Due: $148.00 Check #______�_ D UE NO LATER THAN 115/09 Remit payment to: OWHA, 306 Ocean Woods Blvd. Cape Canaveral FL 32920 11/24/2009 21:54 3217838293 OCEAN WOODS PAGE 02 QLD BUSINESS: Rescind Motion to Accept Stormwater and Underground bid: Ginny explained that Janet had discovered that the bid accepted at last month's meeting was an incomplete bid as the company was unable to do the entire run of the storm drain on Oleander that needed repaired. She made a motion to rescind the motion to accept the bid. Michael seconded it. All were in favor. Storm Drain Motion: Ginny made a motion to have .A.H.I, line the storm drain on Oleander from the Boulevard at Oleander to where it ties in with the city storm drain in the buffer area at the cost of $115,700.00. $42,740 will come out of the reserves leaving a balance of $72,960.00 which will be paid for by a one time special assessment to each homeowner of $240.00 payable in two installments of $120.00 due December 5, 2008 and January 5, 2008. Mike seconded the motion. All were in favor. Motion passed. Cameras: Ginny made a motion to make a motion to have Ingenious Technologies install 9 cameras and a wi- fe system for the cost of $18,075.60. $1051.60 will come out of the reserves from Security leaving the balance of $17,024.00 which will be paid for by a one time special assessment to each homeowner of $56.00 payable in two installments of $28.00 due December 5, 2008 and January 5, 2008. Mike seconded the motion. All were in favor. Motion for Short Term Loan for Special Assessment: Craig stated that tate board of directors feels that this project on Oleander needs to be started immediately. He said they would like to get a short term loan of 120 days or a line of credit from Sunrise Bank to cover the expense until we get the money in from the special assessment. Ginny made a motion to get a short term loan of 120 days or a line of credit for the repair of the storm drain which will be paid back when we receive the special assessment money. Mike seconded the motion. All were in favor NEW BUSINESS: Proposed Budget: Mr. Worley presented the budget. Craig asked the Board to go through the budget and they woad propose any changes they felt necessary. The motions made for the budget are as follows: Ginny made a motion to change Bad Debt from $3000.00 to $4000.00 in the proposed budget. Mike seconded it. All were in Favor. (Suzanne had arrived for this discussion and vote). Ginny made a motion to add a line item entitled Continued Education and fund it at $200.00. Mike Seconded it. Suzanne voted Nay, everyone else voted for it. Motion carried 3 to 1. Ginny made a motion to increase the Contingency expense line $2648.00 for a total of $5648.00. Mike seconded it. All were in favor. Ginny made a motion to increase the funding on the lawn contract by $436.00 making it $51,010.00. Mike seconded it. ,All were in favor. X1, t_w .. a .*' . *1.....M- @G 7'1 AA * * i ofS6nn r+• - - ' -'-- - IVIMc AAAauc a 111vbioil W 11111Gi3se t11G V1114e tcttlp yV / G.VV yr a Lo o nvv /6.vv. ninny second idle mQtlon. Suzanne voted nay. All others were in favor. Motion carried 3 to 1. Mike made a motion to increase the contract laborlbuffer $1860.00 for a total of $6560.00. tinny seconded it. All were in favor. Ocean Woods HO1neoivne1' 'S ASSOC7allo17 111C. 306 Ocean foods Boulevard Cape Canaveral; FL 32920 (32I) 783-8293 October 27, 2008 City Council City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Council Members: On September 11, 2008 Ocean Woods asked the City for financial assistance in repairing/replacing corroded metal storm water sewer pipes on Oleander, Palm Way and Banyan Courts. The City's reply was to refer Ocean Woods to FEMA and SBA. The corroded metal had nothing to do with Tropical Stonn Fay. The pipes are just rusting away. The original Stottler Stag drainage drawing called for reinforced concrete pipe, but the City approved corrugated metal pipe in this complex with high salt water intrusion_ Now Ocegn Woods is faced with an extremely high assessment to have this issue fixed. Ocean Woods residents pay the same storm water fee that the residents outside of Ocean Woods pay, approximately $11,000.00 per year. If a storm water drain failed on Central Boulevard there would be no assessment, the City would repair it, According to the StottlerStag drawing the city already has 10 feet force main easement on Oleander, so the City would not be treading on new territory. In the past Ocean Woods has opened our gates to re-route traffic during a water main break at the request of the city. Ocean Woods will always cooperate with the city in cases of emergencies such as this. We simply ask the city for some consideration during our emergency. We respectfully request that the City �„ovidc some financial help in solving this problem. Thank you for your consideration of this matter! Sincerely, Craig Stevens President of the Board of Directors CITY COUNCIL REGULAR MEETING Page 1 of 1 DISCUSSION:/' 13. Ocean Woods Homeowners Association, Inc. Request for the City to Assume the Maintenance Responsibilities of Their Storm and Sanitary Sewers. Mayor Randels informed that the Council had a letter from Ocean Wood Homeowners' Association related to the City assuming maintenance responsibility for the Ocean Woods' Storm and Sanitary Sewers. Mayor Pro Tem Hoog stated that if Ocean Woods accepted public funds then they would no longer be a gated community but a public road. Mr. Richard Worley of 8718 Banyan Way, Ocean Woods stated he that received services from other public utilities while remaining a gated community. He stated that he was requesting a service for which they were already paying on sewage and stormwater maintenance. Mayor Pro Tem Hoog re -stated that expending public funds would require that the road become a public road. Mr. Bandish explained how their lateral private sewer line goes from their home to the main sewer line. Mr. Bandish clarified that the City maintains the sewer line from the right-of-way and all City residents receive the same service. Mr. Worley contended that they were being charged for a service for which they were already paying. Mayor Randels clarified that the Solid Waste was a private contract. Mr. Boucher asked the Council if they wanted him to develop a maintenance or repair agreement. There was no response for action. Mr. Leon Maged used the City of Cocoa as an example in that they were responsible for their water line, and sewer was a public utility just like water. Mayor Randels concluded that at this time there was no response from the Council to Mr. Worley's request. http://www.myflorida.com/cape/Minutt s/2007/11-20-071tm 11/24/2008 DIVISION 5. MAINTENANCE Sec. 90-191. Dedication. If a stormwater management system approved under this article is to function as an integral part of the city -maintained system, as determined by the city engineer, the facilities should be dedicated to the city. (Code 1981, § 664.19(A)) Sec. 90-192. Maintenance by approved entity. (a) Acceptable responsible entities. An acceptable responsible entity which agrees to operate and maintain the surface water management system will be identified in the permit application. The entity must be provided with sufficient ownership rights to have control over all authorized management facilities. The following entities are acceptable: (1) The city. (2) The St. Johns River Water Management District, a drainage district created by special act, or a special assessment district created pursuant to F.S. ch. 170. (3) A state or federal agency. (4) An official public utility. (5) A property owner or developer, subject to compliance with the following prior to issuance of a certificate of occupancy: a. Written proof that an acceptable entity, as set forth in subsections (a)(1) through (4) of this section will accept the operation and maintenance of the system at a time certain in the future; and/or b. Submission of a bond or other assurance of continued financial capability to operate and maintain the system. (6) For-profit or nonprofit corporations, including homeowners associations, property owners associations, condominium owners associations or master associations, but only if= a. The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the city to affirmatively take responsibility for the operation and maintenance of the stormwater management facility. b. The association has sufficient powers to: 1. Operate and maintain the system as permitted by the city. 2. Establish rules and regulations. 3. Assess members. 4. Contract for services. 5. Exist perpetually, with the articles of incorporation providing that if the association is dissolved, the system will be maintained by an entity as set forth in subsections (a)(1) through (4) of this section. 6. Provide a bond or other assurance of continued financial capacity to operate and maintain the system. (b) Phased projects. (1) If a project will be phased and subsequent phases will use the same stormwater management facilities as the first phases, the operation and maintenance entity shall have the ability to handle the future phases. (2) In phased developments with an integrated stormwater management system that employs independent operation and maintenance entities for different phases, such entities, either individually or collectively, shall have the responsibility and authority to serve the entire project. That authority shall include cross easements for stormwater management, as well as the authority and ability of each entity to enter and maintain any facility should any other entity fail to maintain any portion of the system. (c) Applicant as acceptable entity. The applicant shall be an acceptable entity with responsibility for the operation and maintenance of the system from the onset of construction until the system is dedicated to and accepted by another acceptable entity (Code 1981, § 664.19(B)) Sec. 90-193. Plan for operation and maintenance program. The acceptable entity must provide a plan for the operation and maintenance of the stormwater management system to the city building official every five years. The entity must also provide, prior to approval, legally binding written documentation stating that the entity accepts the operation and maintenance duties for all stormwater management systems for which the entity is responsible. (Code 1981, § 664.19(C)) Sec. 90-194. Failure to maintain. If the responsible operation and maintenance entity fails to maintain a stormwater management system, the city building official shall give the entity written notice that corrective action should be taken. If the entity fails, within 30 days from the date of the notice, to take the corrective action, the city may elect to take the necessary corrective action and place a lien against the property to recover the cost thereof (Code 1981, § 664.19(D)) Z� Y MEMORANDUM TO: Ocean Woods Development City of Cape Canaveral FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 09/30/08 RE: Stormwater System Ownership This memo serves as verification that the existing stormwater system within the Ocean Woods Development is not owned/maintained by the City of Cape Canaveral (City) — the existing stormwater system is owned/maintained by the Ocean Woods Homeowners' Association. City staff frequently provide consulting services to the Homeowners' Association in efforts to improve the existing stormwater system, but has never performed any maintenance or construction activities. Please contact the City should you have any questions. 858 Trafalgar Court Suite 300 Maitland, FL 32751 Tel: (407) 661-9500 Fax: (407) 661-9599 www.brownandcaldwell.com June 3, 2008 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920-0326 Subject: Proposal Request (Ocean Woods Homeowners Association) Dear Mr. Boucher: Pursuant to the City's request we have conducted a cursory review to identify a probable cost to address the scope of services required for the City to accept ownership, operational maintenance, renewal and replacement responsibilities of the wastewater collection and stormwater facilities currently owned by the Ocean Woods Homeowners Association. Prior to preparing such proposal, we will require a non-refundable advance of $8,500.00 to cover costs associated with this third party solicited proposal that may not materialize. In the event that the proposal is executed the advance will be credited to the last invoice payment. At this time, based on our experience with similar assignments, the City should anticipate that the level of engineering due diligence, report preparation, consulting advisory services and attendance at meerings would result in service fees and reimbursable expenses in excess of $85,000, which would not include any costs associated with preparation of documents associated with the transfer of assets. Should you have any questions or require further information, please feel free to contact me at the address and phone number on this letterhead, very truly yours, BROWN LAND CALDWELL X0 �- Marco H. Rocca, CMC Senior Consultant MHR:ll P9GeMCape Canavem[Wune 3.doc E n v i r o n nz e n t a E E n g i n e e r s & C o n s u l t a n t s