HomeMy WebLinkAboutAgenda Packet 06-16-2015 [city seal]
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
June 16, 2015
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that
is listed on the agenda for final official action by the City Council excluding public hearing items which are heard
at the public hearing portion of the meeting, ministerial items(e.g. approval of agenda, minutes, informational
items),and quasi-judicial or emergency items. Citizens will limit their comments to three(3)minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council may
schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:20 p.m.
Recognition of Mayor Rocky Randels receiving the Space Coast Transportation Planning
Organization's Lifetime Achievement Award at the April 9, 2015 Board Meeting.
CONSENT AGENDA:
6:20 p.m. — 6:25 p.m.
1. Approve Minutes for Regular City Council Meeting of May 19, 2015.
2. Approve Special City Council Meeting, First Budget Hearing for September 8, 2015
and a Final Budget Hearing on September 22, 2015, and cancel the regularly
scheduled September 15, 2015 City Council Meeting and reschedule to
September 22, 2015.
3. Approve Cost-Share Agreement with St. Johns River Water Management District
to receive grant funds in the amount of $741,427.50 for the construction of a 2.5-
million gallon reclaimed water tank and authorize the City Manager to take any
other action deemed necessary or advisable in connection with the finalization and
execution of the Agreement.
City of Cape Canaveral, Florida
City Council Meeting
June 16, 2015
Page 2 of 2
PUBLIC HEARING:
6:25 p.m. — 6:40 p.m.
4. Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter 110
Zoning, of the Code of Ordinances; amending the technical requirements for
sidewalks within the City; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date,
second reading.
5. Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of
Ordinances relating to Recreational Fires; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date, first reading.
ITEMS FOR ACTION:
6:40 p.m. — 7:00 p.m.
6. Ratify the Composite City Manager Performance Evaluation and
discuss/determine an appropriate response to the provisions detailed in Section 2,
Salary and Evaluation, of the Employment Agreement between the City of Cape
Canaveral and City Manager David L. Greene.
7. City Council designate one (1) City Official to be the Voting Delegate at the 89th
Annual Florida League of Cities Conference scheduled for August 13-15, 2015 —
World Center Marriott, Orlando, Florida and decide if it wishes to propose
resolution(s) for the League's consideration.
REPORTS:
7:00 p.m. — 7:15 p.m.
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.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 06/16/2015
PRESENTATIONS/INTERVIEWS
Subject: Recognition of Mayor Rocky Randels receiving the Space Coast Transportation
Planning Organization's Lifetime Achievement Award at the April 9, 2015 Board Meeting.
Department: Administrative Services
Summary: Transportation Planning Organizations (TPOs) were created by Federal
law to review and administer all policies and procedures applicable for state and
Federal transportation funding. The Space Coast Transportation Planning Organization
(SCTPO) provides transportation planning services and coordinates transportation
plans for the area's local jurisdictions and transportation authorities including:
• One county: Brevard County Board of County Commissioners
• Sixteen cities and towns: Cape Canaveral, Cocoa, Cocoa Beach, Grant-
Valkaria, lndialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne
Beach, Melbourne Village, Palm Bay, Palm Shores, Rockledge, Satellite Beach,
Titusville, and West Melbourne
• Two airports: Melbourne International and Titusville-Cocoa (TICO)
• One seaport: Port Canaveral
• One spaceport: Cape Canaveral Spaceport (Kennedy Space Center and Cape
Canaveral Air Force Station)
The SCTPO Governing Board and various committees provides a forum for cooperative
decision making by officials of the affected governmental entities with input from
citizens and constituency groups. Mayor Rocky Randels has been serving on the
SCTPO Governing Board as a representative of the Cities of Cape Canaveral & Cocoa
Beach (North Beaches Coalition) jointly for the last 10 years. A Lifetime Achievement
Award was presented to the Mayor at the Board meeting on April 9, 2015. SCTPO
Bicycle and Pedestrian Education Coordinator Kim Smith is here tonight to join the City
in recognizing Mayor Rocky Randels for his work with the SCTPO and congratulating
him on this Achievement.
Submitting Department Director: Angela Apperson Date: 05/27/2015
Attachment: none
Financial Impact: Staff time to prepare Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/28/15
The City Manager recommends that City Council take the following action:
Join together in congratulating Mayor Randels on his accomplishment.
Approved by City Manager: David L. Greene Date: 5/27/15
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM #1
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 19, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels thanked those in attendance for taking their time to participate
in the City and thanked Mayor Pro Tern Hoog for chairing the last meeting.
ROLL CALL:
Council Members Present:
Mayor Pro Tern Bob Hoog
Mayor Rocky Randels
Council Member Betty Walsh
Council Members Absent:
Council Member John Bond
Council Member Buzz Pesos
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Economic Development Director Todd Morley
Community Development Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Brevard County Sheriff Lieutenant Andrew Walters
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Mickie Kellum expressed concern regarding the safety of the road to the Florida Beer
Company. Mayor Randels explained the road is privately owned and is the issue of a
legal dispute. Ms. Kellum advocated for City assistance to resolve the issues surrounding
City of Cape Canaveral, Florida
City Council Regular Meeting
May 19, 2015
Page 2 of 4
the closure of one lane and inquired about the use of eminent domain, to which City
Manager Greene explained costs and why eminent domain is not the best option at this
time.
Rebecca Rowe expressed concern over the Brazilian Pepper Trees behind Izzy's
Restaurant; explained her conversations with Code Enforcement Officials and presented
an e-mail which indicates the Cape Shores Homeowners Association Board supports the
removal of the invasive trees. City Manager Greene indicated Staff was requested to
notify Cape Shores of the proposed work. Ms. Rowe reaffirmed support for Brazilian
Pepper Tree removal, but not for other vegetation, which is native to the ocean hammock.
Ray Osborne provided an update regarding the private acquisition of property for
"Friendship Park". He presented a picture which shows Retired Senator/Astronaut John
Glenn catching an orange thrown by his son. The picture also shows the property as it
stands today. Mr. Osborne explained his efforts to interview Senator Glenn and his family
about their stay in Cape Canaveral. City Manager Greene indicated a letter was sent to
Senator Glenn's Office in support of the interview. Mr. Osborne thanked the City Manager
for the letter. Mr. Osborne introduced Randel Coppala with US Launch Report, who has
offered to conduct the interview.
Randel Coppala explained his credentials and work in interviewing individuals. He
advocated to represent the City when interviewing Senator John Glenn. City Manager
Greene indicated a letter was sent to Senator Glenn acknowledging the City's support for
the project.
Dawn Mays, representing Sheldon Cove, expressed concerns over the proposed
priorities of Resolution No. 2015-06 and requested to be kept informed as to work
proposed in the area. City Manager Greene explained should Florida Department of
Transportation (FDOT) agree with the City's'friorities, all stakeholders will be included in
the conversation related to the proposed work.
John Benton expressed concern over refrigerators being stored outside with the doors
still on at the mini warehouses owned by Kevin Mann. City Manager Greene explained
the actions ofthe Code Enforcement Officer, stated the City is not playing favorites and
Staff is doing their job.
CONSENT AGENDA
1. Approve Minutes for Regular City Council Meeting of April 21, 2015:
2. Resolution No. 2015-06; updating and modifying Resolution No. 2014-22 which
sets forth the City's list of State Road A1A Improvement Priorities; requesting FDOT
provide an updated traffic study for the portion of State Road AlA located within the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability;
and an effective date:
City of Cape Canaveral, Florida
City Council Regular Meeting
May 19, 2015
Page 3 of 4
A motion was made by Mayor Pro Tern Hoog, seconded by Council Member Walsh,
to approve the Consent Agenda. The motion carried 3-0 with voting as follows:
Council Member Bond, Absent; Mayor Pro Tem Hoog, For; Council Member Petsos,
Absent; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARINGS:
3. Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter 110
Zoning, of the Code of Ordinances; amending the technical requirements for sidewalks
within the City; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first reading: City Attorney
Garganese read the Ordinance title into the record and provided an explanation of same.
Mayor Randels indicated the new standards will increase safety. The Public Hearing was
opened. No comments were received and the Public Hearing was closed. A motion
was made by Council Member Walsh, seconded by Mayor Pro Tem l-loog, to
approve Ordinance No. 05-2015 on first reading. The motion carried 3-0 with voting
as follows: Council Member Bond, Absent; Mayor Pro Tem Hoog, For; Council
Member Petsos, Absent; Mayor Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
4. Resolution No. 2015-05; relating to Fire Protection and Emergency Medical
Services provided by the Cape Canaveral Volunteer Fire Department, Inc.; authorizing
an addendum to the operating equipment lease agreement and the contract for services
for purposes of modifying the term so the two agreements have the same termination
date of September 30, 2034; providing for an effective date: City Attorney Garganese
read the Resolution title into the record and provided an explanation of same. A motion
was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, for
approval of Resolution No. 2015-05. The motion carried 3-0 with voting as follows:
Council Member Bond, Absent; Mayor Pro Tem Hoog, For; Council Member Petsos,
Absent; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
Council Member Walsh explained Satellite Beach is hosting an Ethics Training Class on
July 23, 2015 at 1:00 p.m. and all Elected Officials are invited. Attendance can be
scheduled with Satellite Beach's City Clerk.
Mayor Randels indicated FDOT was in the County today related to the A1A Priorities. He
presented a solar LED fixture and explained the intention to obtain a grant to install them
at the bus shelters to provide lighting.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 19, 2015
Page 4 of 4
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:34 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/16/2015
Item No. 2
Subject: Approve Special City Council Meeting, First Budget Hearing for September 8,
2015 and a Final Budget Hearing on September 22, 2015, and cancel the regularly
scheduled September 15, 2015 City Council Meeting and reschedule to September 22,
2015.
Department: Administrative Services
Summary: Florida Statutes outline rules/regulations/timeline for adoption of the annual
budget for all entities in the State. This is commonly referred to as the Truth in Millage
(TRIM) Process. The TRIM Timetable requires municipalities hold their First Public
Hearing for adoption of the budget between September 3rd and September 18th. The
Second Public Hearing must occur between September 18th and October 3rd. Normally,
the City reserves the first Tuesday in September to hold the First Public Hearing;
however, the First Tuesday of this year falls on September 1St , which occurs prior to the
required TRIM Timetable. The next Tuesday is September 8th
Brevard County Commission selected September 15th and September 29th for their
Public Hearings. The School Board selected July 30th and September 3rd. Due to the
TRIM Timetable and the dates selected by the County and School Board, the City must
select dates that differ from the City's normal meeting schedule. The City is prohibited
from holding either Public Hearing on the same day as Brevard County Board of County
Commissioners and Brevard County School Board.
To avoid having a third meeting in the month of September, the following Budget Hearing
Schedule is recommended: hold a Special Meeting on September 8th for the First Public
Hearing; hold the Final Budget Hearing on September 22"d; and cancel the regularly
scheduled Council Meeting for September 15th and reschedule to September 22nd
where the Second Public Hearing will occur as a part of the Regular Meeting Agenda.
This will also allow the Public Hearings to occur on Tuesdays, which are the days
traditionally set aside for Cape Canaveral City Council eetings.
Submitting Department Director: John DeLeo Date: 5/29/15
Attachment: Amended Meeting Schedule
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/2/15
The City Manager recommends that City Council take the following action:
Approve Special City Council Meeting, First Budget Hearing for September 8, 2015 and
a Final Budget Hearing on September 22, 2015, and cancel the regularly scheduled
September 15, 2015 City Council Meeting and reschedule to September 22, 2015.
Approved by City Manager: David L. Greene Date: 6/2/15
Amended City of Cape Canaveral
2015 City Council Regular Meeting Schedule
and Budget Meeting Schedule
Agenda Cut-off at 4:30 PM Agenda & Packet Due by Council Meeting
Close of Business 6:00PM unless noted
6/3/2015 6/9/2015 6/16/2015
7/7/2015 — Date Reserved*
7/8/2015 7/14/2015 7/21/2015 also Budget
Workshop at 4:00 PM
8/3/2015 — Date Reserved*
8/18/2015
Budget Workshop
8/5/2015 8/11/2015 4:00 PM (if needed)
and CRA at 5:00 PM
September 8"' Special Meeting/First Budget Hearing at 5:30 p.m.
9/2/2015 9/8/2015 9/15/2015-Canceled/
Rescheduled to 9/22/2015
September 22nd Second Budget Hearing held as a part of the Regular Meeting,
which begins at 5:30 p.m.
10/6/2015 — Date Reserved*
10/7/2015 10/13/2015 10/20/2015
11/5/2015 — Date Reserved*
11/4/2015 11/10/2015 11/17/2015
also if needed CRA 5:00 PM
12/1/2015 — Date Reserved*
12/2/2015 12/8/2015 12/15/2015
*These dates are reserved if a meeting is necessary. Agendas will be published 1 week before the meeting.
Approved by Council: 11-18-2014
Amended schedule approved
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/16/2015
Item No. 3
Subject: Approve Cost-Share Agreement with St. Johns River Water Management
District to receive grant funds in the amount of $741,427.50 for the construction of a
2.5-million gallon reclaimed water tank and authorize the City Manager to take any
other action deemed necessary or advisable in connection with the finalization and
execution of the Agreement.
Department: Public Works Services
Summary: On March 17, 2014, the City of Cape Canaveral (City) applied for a grant
from St. Johns River Water Management District (SJRWMD) under the FY 2014-2015
Cooperative Funding Initiative Program. The City requested $748,917.00 in grant
funds, which at the time was estimated to be approximately 1/3 of the construction cost
($2,246,750.00) of the new reclaimed water tank. Further geotechnical investigations
at the wastewater treatment plant site revealed that, due to poor soil conditions and the
presence of several clay layers at depth, the actual cost of the reclaimed water tank
was closer to $3,000,000.00.
Staff received an e-mail from SJRWMD on September 4, 2014 stating that the City's
Project did not rank high enough to receive funding based on ad valorem revenue.
However, there was still the possibility of receiving funding in the coming year subject
to other funds becoming available in the next 2-3 months.
Staff received another e-mail from SJRWMD on March 5, 2015 stating that additional
funds had become available and that the City's Project was to be funded, in part, by a
grant in the amount of $741,427.50. The attached Cost-Share Agreement is the legal
document to accept the grant funds from SJRWMD for the construction of a 2.5-million
gallon reclaimed water tank. The remaining funding for the Project ($2,107,946.30) is
from the City's State Revolving Fund Loan.
Submitting Department Director: Jeff Ratliff Date: 06/02/15
Attachment: Cost-Share Agreement
Financial Impact: $741,427.50 in grant funds from SJRWMD for the construction of a
2.5-million gallon reclaimed water tank will reduce the Project's overall cost, whereby
the remaining funding required ($2,107,946.30) will come from the City's State
Revolving Fund Loan.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/3/15
City Council Meeting Date: 06/16/2015
Item No. 3
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve Cost-Share Agreement with St. Johns River Water Management District to
receive grant funds in the amount of $741,427.50 for the construction of a 2.5-million
gallon reclaimed water tank and authorize the City Manager to take any other action
deemed necessary or advisable in connection with the finalization and execution of the
Agreement.
Approved by City Manager: David L. Greene Date: 6/3/15
Attachment
Cost-Share Agreement
Contract#28253
Encumbrance#S007725
COST-SHARE AGREEMENT
BY AND BETWEEN THE
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CAPE CANAVERAL
THIS AGREEMENT("Agreement")is entered into by and between the GOVERNING BOARD of the
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT("the District"),whose address is 4049 Reid Street,
Palatka,Florida 32177,and the CITY OF CAPE CANAVERAL("Recipient"),P.O. Box 326,Cape Canaveral,
Florida 32920.All references to the parties hereto include the parties,their officers, employees,agents,
successors,and assigns.
RECITALS
The waters of the state of Florida are among its basic resources,and it has been declared to be
the policy of the Legislature to promote the conservation,development,and proper utilization of
surface and ground water. Pursuant to chapter 373,Fla. Stat.,the District is responsible for the
management of the water resources within its geographical area.
The District initiated a cost-sharing program in Fiscal Year 2013 for construction projects that
involve water resource development,alternative water supply development, water conservation,
or spring shed nutrient-loading reduction,and address one or more of the following District
strategic initiatives:springs protection,North Florida Water Supply Partnership,Central Florida
Water Initiative,or minimum flows and levels prevention and recovery.
The District has determined that providing cost-share funding to Recipient for the purposes
provided for herein will benefit the water resources and one or more of the above-stated
initiatives.
The parties have agreed to jointly fund the following project in accordance with the funding
formula further described in the Statement of Work,Attachment A(hereafter"the Project"):
Reclaimed Water Tank Project
In consideration of the above recitals,and the funding assistance described below,Recipient agrees to
perform and complete the activities provided for in the Statement of Work,Attachment A. Recipient shall
complete the Project in conformity with the contract documents and all attachments and other items incorporated
by reference herein.This Agreement consists of all of the following documents:(1)Agreement,(2)Attachment A
-Statement of Work;and(3)all attachments,if any.The parties hereby agree to the following terms and
conditions.
1. TERM;WITHDRAWAL OF OFFER.
(a) The term of this Agreement is from the date upon which the last party has dated and executed
the same("Effective Date")until September 30,2016("Completion Date").Recipient shall not
commence the Project until any required submittals are received and approved.Recipient shall
commence performance within fifteen(15)days after the Effective Date and shall complete
performance in accordance with the time for completion stated in the Statement of Work.Time
is of the essence for every aspect of this Agreement,including any time extensions.
Notwithstanding specific mention that certain provisions survive termination or expiration of
this Agreement,all provisions of this Agreement that by their nature extend beyond the
Completion Date survive termination or expiration hereof.
Page 1 of 12
Contract#28253
Encumbrance#S007725
(b) This Agreement constitutes an offer until authorized,signed and returned to the District by
Recipient.This offer terminates forty-five(45)days after receipt by Recipient;provided,however,
that Recipient may submit a written request for extension of this time limit to the District's Project
Manager,stating the reason(s)therefor. The Project Manager shall notify Recipient in writing if an
extension is granted or denied. If granted,this Agreement shall be deemed modified accordingly
without any further action by the parties.
(c) If the construction,which is eligible for District reimbursement, does not begin before
September 30,2015,the cost-share agreement will be subject to termination and the funds
subject to reallocation.
2. DELIVERABLES.Recipient shall fully implement the Project, as described in the Statement of Work,
Attachment A.Recipient is responsible for the professional quality,technical accuracy,and timely
completion of the Project.Both workmanship and materials shall be of good quality.Unless otherwise
specifically provided for herein,Recipient shall provide and pay for all materials,labor,and other
facilities and equipment necessary to complete the Project.The District's Project Manager shall make a
final acceptance inspection of the Project when completed and finished in all respects.Upon satisfactory
completion of the Project,the District will provide Recipient a written statement indicating that the
Project has been completed in accordance with this Agreement.Acceptance of the final payment by
Recipient shall constitute a release in full of all claims against the District arising from or by reason of
this Agreement.
3. OWNERSHIP OF DELIVERABLES.Unless otherwise provided herein,the District does not assert an
ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project,the District shall pay Recipient approximately twenty
five percent(25%)of the total estimated construction cost of$3,030,000.00 for the Project,but
in no event shall the District cost-share exceed$741,427.50.The District cost-share is not
subject to modification based upon price escalation in implementing the Project during the term
of this Agreement.Recipient shall be responsible for payment of all costs necessary to ensure
completion of the Project.Recipient shall notify the District's Project Manager in writing upon
receipt of any additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) "Construction cost"is defined to include actual costs of constructing Project facilities,including
construction management. Land acquisition,engineering design,and permitting costs are
excluded. Construction cost does not include any costs incurred prior to the Effective Date,
unless expressly authorized by the Statement of Work. Costs that are excluded will not be
credited toward Recipient's cost-share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date.
5. PAYMENT OF INVOICES.
(a) Recipient shall submit itemized invoices upon Task completion as per Attachment A for
reimbursable expenses by one of the following two methods: (1)by mail to the St.Johns River
Water Management District,Finance Director,4049 Reid Street,Palatka,Florida 32177,or(2)
by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for
proper pm-audit and post-audit review. Invoices shall include a copy of contractor and supplier
invoices to Recipient and proof of payment. Recipient shall be reimbursed for approved
Page 2 of 12
Contract#28253
Encumbrance #S007725
expenses in accordance with the Cost Schedule for Reimbursement in Section VI of Attachment
A for each invoice submitted until the not-to-exceed amount of the District's cost-share has
been expended. The District shall not withhold any retainage from this reimbursement. District
reimbursement is subject to annual budgetary limitation, if applicable,as provided in subsection
(g).If necessary for audit purposes,Recipient shall provide additional supporting information as
required to document invoices.
(b) End of District Fiscal Year Reporting.The District's fiscal year ends on September 30.
Irrespective of the invoicing frequency,the District is required to account for all encumbered
funds at that time.When authorized under the Agreement, submittal of an invoice as of
September 30 satisfies this requirement.The invoice shall be submitted no later than October
30.If the Agreement does not authorize submittal of an invoice as of September 30,Recipient
shall submit,prior to October 30,a description of the additional work on the Project completed
between the last invoice and September 30,and an estimate of the additional amount due as of
September 30 for such Work.If there have been no prior invoices, Recipient shall submit a
description of the work completed on the Project through September 30 and a statement
estimating the dollar value of that work as of September 30.
(c) Final Invoice.The final invoice must be submitted no later than forty-five(45)days after the
Completion Date;provided,however,that when the Completion Date corresponds with the end
of the District's fiscal year(September 30),the final invoice must be submitted no later than
thirty(30)days after the Completion Date.Final invoices that are submitted after the
requisite date shall be subject to a penalty of ten percent(10%)of the invoice.This
penalty may be waived by the District,in its sole judgment and discretion,upon a showing
of special circumstances that prevent the timely submittal of the final invoice.Recipient
must request approval for delayed submittal of the final Invoice not later than ten(10)
days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information: (1)District contract number;(2)District
encumbrance number; (3)Recipient's name and address(include remit address,if necessary);
(4)Recipient's invoice number and date of invoice;(5)District Project Manager; (6)
Recipient's Project Manager;(7)supporting documentation as to cost and/or Project completion
(as per the cost schedule and other requirements of the Statement of Work);(8)Progress Report
(if required); (9)Diversity Report(if otherwise required herein). Invoices that do not
correspond with this paragraph shall be returned without action within twenty(20)business
days of receipt,stating the basis for rejection.Payments shall be made within forty-five(45)
days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses,travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule,they are a cost of
providing the service that is borne by Recipient and are only compensable when specifically
approved by the District as an authorized District traveler.In such instance,travel expenses
must be submitted on District or State of Florida travel forms and shall be paid pursuant to
District Administrative Directive 2000-02.
(f) Payments withheld.The District may withhold or,on account of subsequently discovered
evidence,nullify,in whole or in part,any payment to such an extent as may be necessary to
protect the District from loss as a result of:(1)defective work not remedied;(2)failure to
maintain adequate progress in the Project;(3)any other material breach of this Agreement.
Amounts withheld shall not be considered due and shall not be paid until the ground(s)for
withholding payment have been remedied.
Page 3 of 12
Contract#28253
Encumbrance#S007725
(g) Annual budgetary limitation.For multi-fiscal year agreements, the District must budget the
amount of funds that will be expended during each fiscal year as accurately as possible. The
Statement of Work,Attachment A,includes the parties'current schedule for completion of the
Work and projection of expenditures on a fiscal year basis(October 1 —September 30)("Annual
Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount
during any fiscal year,Recipient shall promptly notify the District's Project Manager and provide
a proposed revised work schedule and Annual Spending Plan that provides for completion of the
Work without increasing the Total Compensation. The last date for the District to receive this
request is August 1 of the then-current fiscal year. The District may in its sole discretion prepare a
District Supplemental Instruction Form incorporating the revised work schedule and Annual
Spending Plan during the then-current fiscal year or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party,its officers,employees and agents.Recipient
accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be
construed or interpreted as denying to any party any remedy or defense available under the laws of the state
of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in
section 76828,Fla.Stat.,as amended.Each party shall acquire and maintain throughout the term of this
Agreement such liability,workers'compensation,and automobile insurance as required by their current
rules and regulations.
7. FUNDING CONTINGENCY.This Agreement is at all times contingent upon funding availability,
which may include a single source or multiple sources,including,but not limited to: (1)ad valorem tax
revenues appropriated by the District's Governing Board;(2)annual appropriations by the Florida
Legislature,or(3)appropriations from other agencies or funding sources.Agreements that extend for a
period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion
and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not
be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal Years,the District shall so
notify Recipient and this Agreement shall be deemed terminated for convenience five(5)days after
receipt of such notice,or within such additional time as the District may allow. For the purpose of this
Agreement,"Fiscal Year"is defined as the period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT.
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project.Either party may change its Project Manager upon three(3)
business days prior written notice to the other party. Written notice of change of address shall
be provided within five(5)business days.All notices shall be in writing to the Project
Managers at the addresses below and shall be sent by one of the following methods:(1)hand
delivery; (2)U.S.certified mail;(3)national overnight courier;(4)e-mail or,(5)fax.Notices
via certified mail are deemed delivered upon receipt.Notices via overnight courier are deemed
delivered one(I)business day after having been deposited with the courier.Notices via e-mail
or fax are deemed delivered on the date transmitted and received.
DISTRICT RECIPIENT
Nitesh Tripathi,Ph.D.,Project Manager Jeff Ratliff,Project Manager
St.Johns River Water Management District City of Cape Canaveral
4049 Reid Street P.O.Box 326
Palatka,Florida 32177 Cape Canaveral,Florida 32920
386-312-2359 321-868-I240
E-mail:ntripathi@sjrwmd.com E-mail:j.ratliff@cityofcapecanaveral.org
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(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information,and communicating District policies and decisions regarding all matters
pertinent to performance of the Project. The District's Project Manager may issue a District
Supplemental Instruction(DSI)form,Attachment C,to authorize minor changes in the Project
that the parties agree are not inconsistent with the purpose of the Project,do not affect the
District cost-share or Completion Date,or otherwise significantly modify the terms of the
Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING.
(a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project and
outline any potential issues affecting completion or the overall schedule. Recipient shall use the
District's Project Progress Report form,Attachment B. Recipient shall submit the Project
Progress Reports to the District's Project Manager and District's Senior Management Analyst
within thirty(30)days after the closing date of each calendar quarter(March 31,June 30,
September 30 and December 31).
(b) Performance Monitoring.For as long as the Project is operational,the District shall have the right
to inspect the operation of the Project during normal business hours upon reasonable prior notice.
Recipient shall make available to the District any data that is requested pertaining to performance
of the Project
10. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project,Recipient shall refund to the District all of the
funds provided to Recipient pursuant to this Agreement.However,the District,in its sole
judgment and discretion,may determine that Recipient has failed to complete the Project due to
circumstances that are beyond Recipient's control,or due to a good faith determination that the
Project is no longer environmentally or economically feasible.In such event,the District may
excuse Recipient from the obligation to return funds provided hereunder.If the Project has not
been completed within thirty(30)days after the Completion Date,Recipient shall provide the
District with notice regarding its intention as to completion of the Project.The parties shall
discuss the status of the Project and may mutually agree to revise the Completion Date or the
scope of the Project.Failure to complete the Project within ninety(90)days after the
Completion Date shall be deemed to constitute failure to complete the Project for the purposes
of this provision.
(b) In the event the Project constitutes a portion of the total functional project,this paragraph shall
apply in the event the total functional project is not completed. In such event,the 90-day
timeframe provided herein shall commence upon the date scheduled for completion of the total
functional project at the time of execution of this Agreement,unless extended by mutual
agreement of the parties.
(c) This paragraph shall survive the termination or expiration of this Agreement.
11. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement,including
any specific milestones established herein,the District shall provide Recipient written notice of the
deficiency by forwarding a Notice to Cure,citing the specific nature of the breach. Recipient shall have
thirty(30)days to cure the breach. If Recipient fails to cure the breach within the thirty(30)day period,the
District shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of
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said notice. In such event,Recipient shall refund to the District all funds provided to Recipient pursuant to
this Agreement within thirty(30)days of such termination. The District may also terminate this Agreement
upon ten(10)days written notice in the event of any material misrepresentations in the Project Proposal.
ADDITIONAL PROVISIQNS(Alphabetical)
12. ASSIGNMENT. Recipient shall not assign this Agreement,or any monies due hereunder,without the
District's prior written consent.Recipient is solely responsible for fulfilling all work elements in any
contracts awarded by Recipient and payment of all monies due.No provision of this Agreement shall
create a contractual relationship between the District and any of Recipient's contractors or
subcontractors.
13. AUDIT;ACCESS TO RECORDS;REPAYMENT OF FUNDS.
(a) Maintenance of Records.Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed.Recipient shall keep the records of receipts and expenditures,
copies of all reports submitted to the District,and copies of all invoices and supporting
documentation for at least five(5)years after expiration of this Agreement.In accordance with
generally accepted governmental auditing standards,the District shall have access to and the right
to examine any directly pertinent books and other records involving transactions related to this
Agreement.In the event of an audit,Recipient shall maintain all required records until the audit
is completed and all questions are resolved.Recipient will provide proper facilities for access to
and inspection of all required records.
(b) Repayment of Funds.District funding shall be subject to repayment after expiration of this
Agreement if,upon audit examination,the District finds any of the following:(1)Recipient has
spent funds for purposes other than as provided for herein;(2)Recipient has failed to perform a
continuing obligation of this Agreement;(3)Recipient has received duplicate funds from the
District for the same purpose;(4)Recipient has been advanced or paid unobligated funds;(5)
Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the
Agreement;and/or(6)Recipient has received more than one hundred percent(100%)contributions
through cumulative public agency cost-share funding.
14. CIVIL RIGHTS. Pursuant to chapter 760,Fla.Stat.,Recipient shall not discriminate against any
employee or applicant for employment because of race, color,religion,sex,or national origin,age,
handicap,or marital status.
15. DISPUTE RESOLUTION.Recipient is under a duty to seek clarification and resolution of any issue,
discrepancy,or dispute involving performance of this Agreement by submitting a written statement to
the District's Project Manager no later than ten(10)business days after the precipitating event.If not
resolved by the Project Manager,the Project Manager shall forward the request to the District's Office
of General Counsel,which shall issue a written decision within ten(10)business days of receipt.This
determination shall constitute final action of the District and shall then be subject to judicial review
upon completion of the Project.
16. DIVERSITY REPORTING.The District is committed to the opportunity for diversity in the
performance of all cost-sharing agreements,and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises(W/MBE)are given the opportunity for
maximum participation as contractors.The District will assist Recipient by sharing information on
W/MBEs.Recipient shall provide with each invoice a report describing:(1)the company names for all
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W/MBEs;(2)the type of minority,and(3)the amounts spent with each during the invoicing period.The
report will also denote if there were no W/MBE expenditures.
17. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL.
This Agreement shall be construed according to the laws of Florida and shall not be construed more
strictly against one party than against the other because it may have been drafted by one of the parties.
As used herein,"shall"is always mandatory.In the event of any legal proceedings arising from or
related to this Agreement:(I)venue for any state or federal legal proceedings shall be in Orange
County;(2)each party shall bear its own attorney's fees,including appeals; (3)for civil proceedings,the
parties hereby consent to trial by the court and waive the right to jury trial.
18. INDEPENDENT CONTRACTORS.The parties to this Agreement,their employees and agents,are
independent contractors and not employees or agents of each other. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent contractors during and after the
term of this Agreement.Recipient is not a contractor of the District.The District is providing cost-share
funding as a cooperating governmental entity to assist Recipient in accomplishing the Project.
Recipient is solely responsible for accomplishing the Project and directs the means and methods by
which the Project is accomplished. Recipient is solely responsible for compliance with all labor and tax
laws pertaining to Recipient,its officers,agents,and employees.
19. INTEREST OF RECIPIENT.Recipient certifies that no officer,agent,or employee of the District has
any material interest,as defined in chapter 112,Fla. Stat.,either directly or indirectly,in the business of
Recipient to be conducted hereby,and that no such person shall have any such interest at any time
during the term of this Agreement.
20. NON-LOBBYING.Pursuant to section 216.347,Fla. Stat.,as amended,Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
21. PERMIT'S.Recipient shall comply with all applicable federal,state and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.
Recipient shall obtain any and all governmental permits necessary to implement the Project.Any activity
not properly permitted prior to implementation or completed without proper permits does not comply with
this Agreement and shall not be approved for cost-share funding.
22. PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to
provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract
with a public entity for the construction or repair of a public building or public work;may not submit
bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform
work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and
may not transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO($35,000)for a period of 36 months following the date of being placed
on the convicted vendor list.
23. PUBLIC RECORDS.Records of Recipient that are made or received in the course of performance of
the Project may be public records that are subject to the requirements of chapter 119,Fla. Stat. If
Recipient receives a public records request,Recipient shall promptly notify the District's Project
Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow
public access to all documents,papers,letters,or other materials related hereto and subject to the
provisions of chapter 119,Fla.Stat.,as amended.
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24. ROYALTIES AND PATENTS.Recipient certifies that the Project does not,to the best of its
information and belief,infringe on any patent rights.Recipient shall pay all royalties and patent and
license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the District harmless from loss to the extent allowed
by Florida law.
IN WITNESS WHEREOF,the St.Johns River Water Management District has caused this Agreement
to be executed on the day and year written below in its name by its Executive Director,and Recipient has caused
this Agreement to be executed on the day and year written below in its name by its duly authorized representatives,
and,if appropriate,has caused the seal of the corporation to be attached.This Agreement may be executed in
separate counterparts,which shall not affect its validity.Upon execution,this Agreement constitutes the entire
agreement of the parties,notwithstanding any stipulations,representations,agreements,or promises,oral or
otherwise,not printed or inserted herein.This Agreement cannot be changed by any means other than written
amendments referencing this Agreement and signed by all parties.
ST.JOHNS RIVER WATER CITY OF CAPE CANAVERAL
MANAGEMENT DISTRICT
By: By:
Ann B. Shortelle,Ph.D., Executive Director
or Designee
Typed Name and Title
Date: Date:
Approved as to Form and Legality Attest:
William Abrams,Sr.Assistant General Counsel Typed Name and Title
Approved as to Legal Form and Sufficiency for
City of Cape Canaveral Only By:
Anthony A.Garganese,City Attorney
ATTACHMENTS
Attachment A—Statement of Work
Attachment B—Progress Report Form
Attachment C—District Supplemental Instruction Form
Cost-share:2015 Initiative
Last updated: 10-29-14
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ATTACHMENT A-STATEMENT OF WORK
CITY OF CAPE CANAVERAL
RECLAIMED WATER TANK PROJECT
I. INTRODUCTION/BACKGROUND
The St.Johns River Water Management District(District)is continuing its Cooperative Cost Share Initiative
Program in FY2015 to develop and implement resource and water supply development projects and promote
conservation. Each project selected for funding will have a positive benefit to Minimum Flows and Levels
(MFLs),water quantity,water quality,and/or natural systems and supports the District's Strategic Initiatives.
The City of Cape Canaveral (Recipient)has requested and been selected as a participant in this cost share
program.
On June 10,2014 the District's Governing Board approved funding for the Recipient's Reclaimed Water Tank
Project. The District will provide funding in the amount of$741,427.50 towards the original estimated
construction cost of S2,246,750.00. The revised construction cost is $3,030,000.00,primarily due to design
changes to accommodate local soil conditions.
II. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable the Recipient to construct a 2.5
million gallon reclaimed water ground storage tank. The quantity of water expected from this project is 23.9
million gallons per year.This water will go to reclaimed customers instead of discharged directly into the
Banana River Lagoon.
III. SCOPE OF WORK
Recipient is designing,permitting,and constructing a 2.5 million gallon reclaimed water ground storage tank.
The Recipient shall ensure the responsibilities in the Project Administration section of the Statement of Work
are completed.
IV. PROJECT ADMINISTRATION
The Recipient shall be responsible for performing the following:
• Complete and obtain final project design,construction plans,and specifications;
• Provide a copy of Recipient's executed construction contract documents to the District's Project
Manager;
• Provide a copy of any subsequent change orders to the contract to the District's Project Manager;
• Obtain all required permits,including right of access to the project sites related to project construction
and subsequent operation and maintenance of the completed work;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project construction;
• Perform supervision and inspection of construction;
• Perform construction contract administration;
• Submit timely invoices for actual construction costs in accordance with this cost share agreement to
enable proper review by the District's Project Manager prior to payment authorization;
• Provide Project Progress Reports,Attachment B,quarterly to the District's Project Manager and the
District's Budget Manager,Email address mlicourt@sjrwmd.com. Information shall include project
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progress to date,key milestones reached, overall project schedule versus time for project completion,
key issues to be resolved,projected costs versus actual cost to date,and other required information. If
no work has been done within the quarter,Recipient must submit the quarterly progress report
indicating"no progress to report."
• Provide certification of partial or completed construction for each reimbursement request by a
Professional Engineer registered in the state of Florida;and
• Assure compliance with cost accounting practices and procedures required for reimbursement of cost
share funds expended.
V. TIME FRAMES AND DELIVERABLES
The expiration date of this cost-share agreement is September 30,2016. The projected schedule for the Project
construction is as follows:
Anticipated Construction Start Date: June 2015
Anticipated Construction Completion Date: May 31,2016
VI. BUDGET/COST SCHEDULES
For satisfactory completion of the Project,the District shall pay Recipient approximately twenty-five percent
(25%)of the actual construction cost of the Project,estimated at$3,030,000.00,but in no event shall the
District's cost-share exceed$741,427.50. Recipient shall invoice the District upon Task completion in
accordance with the table below. The invoices shall include a copy of the contractor's invoices submitted to the
Recipient,proof of payment by Recipient,and other required supporting documentation.For in-house expenses,
Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff
time or other proof of staff time expenses for the Project. If the total construction cost of this project is less than
originally estimated,the District's cost-share amount shall be reduced proportionally.
This cost-share agreement is a multi-year agreement. The anticipated expenditures for this cost-share agreement
by fiscal year(FY)are shown below. Task 1 will be completed in FY 14-15;Tasks 2, 3,and 4 will be
completed in FY 15-16.
October 1,2014—September 30,2015(FY 14-15) $222,428.25
October 1,2015—September 30,2016(FY 15-16) $518,999.25
Cost Schedule for Reimbursement - Estimated cost of construction is $3,030,000.00; District's 25%,
approximately,is not to exceed$741,427.50.
Task District's Percent District's
Task Description of Reimbursement Reimbursement at
of$741,427.50 Completion of Task
1 General Requirements-$40,958.75 30% $222,428.25
Mobilization-$7,553.00
Sitework-$97,207.11
Ground Storage Tank(Partial)-$540,852.89
2 General Requirements-$40,958.75 30% $222,428.25
Sitework-$48,603.56
Ground Storage Tank(Partial)-$597,009.44
3 General Requirements-$40,958.75 25% $185,356.88
Ground Storage Tank(Completion)-$531,184.28
4 General Requirements-$40,958.75 15% 5111,214.12
Ground Storage Tank(Completion)-$254,007.22
Yard Piping-$48,320.00
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ATTACHMENT B
St.Johns River Water Management District Date;
Project Progress Report month/day/year
Report Number:
Contract/Project Identification
Project Name: Reclaimed Water Tank Project
Recipient: City of Cape Canaveral
SJRWMD Contract Number: 28253 SIRWMD Project Manager: Nitesh Tripathi,Ph.D.
Recipient's Project Manager: Jeff Ratliff
Construction Schedule Reporting Period
Start Date(mm/dd/yy): Beginning Date(mm/dd/yy):
Completion(mn/dd/yy): Ending Date(mm/dd/yy):
Budget Duration
Total Budget $ Planned Duration: Weeks
Expended To-date: $ Duration To-date: Weeks
Expended This Period: $ Duration This Period: Weeks
Percent Budget Expended: % Percent Duration Expended:
Anticipated Future Payment Requests:
3 Months 6 Months 9 Months 12 Months
Tasks/Milestones/Deliverables Scheduled for this Reporting Period or Within the Next 60 days:
Projected
Task Start Finish Percent Finish
Number Tasks/Milestones/Deliverables Date Date Complete Date
Problems,Issues,Solutions,Anticipated deviations from schedule:
Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances.
Contract#28253
Encumbrance#S007725
ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO:
FROM: ,Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with
the Contract Documents without change in the Contract Sum or Contract Time.Prior to proceeding in accordance
with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent
with the Contract Documents and return to the District's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a
Change Order in accordance witb the requirements of the Agreement.)
Approved: Date:
,District Project Manager
Acknowledged: Date:
,District Contracts Administrator
cc: Contract/Purchasing file
Financial Management
Page 12 of 12
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 06/16/2015
Item No. 4
Subject: Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter
110 Zoning, of the Code of Ordinances; amending the technical requirements for
sidewalks within the City; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, second
reading.
Department: Public Works Services
Summary: Chapter 98 of the City Code regulates subdivision activities. As written, the
existing Code is outdated in respect to sidewalk design criteria. Chapter 110, which
regulates the zoning activities, must also conform to sidewalk design changes made to
Chapter 98.
Attached Ordinance No. 05-2015 adds dimensions, clarification and standardization to
sidewalk design within the City. Many existing sidewalks are only four feet wide. This
current width does not promote the walk-able/bike-able vision the City is promoting as
more development/redevelopment occurs within the City. Some of the clarified/added
items are, but not limited to, the following:
• Standardized widths of sidewalks to no less than five feet wide.
• Increase of the compressive strength of concrete used for sidewalk construction
from 2,500 psi to 3,000 psi.
• Mandate that sidewalks in front of driveways be a minimum of six inches thick.
• Specifies how to transition new sidewalk construction widths to existing four feet
wide sidewalks.
On May 19, 2015, City Council approved this Ordinance at first reading, as written. The
Notice of Public Hearing was advertised in Florida Today on May 21, 2015.
Submitting Deputy Director: Lonnie Dunn G.Abit Date: 05/27/2015
Attachment: Ordinance No. 05-2015
Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and
codification.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/27/15
The City Manager recommends that City Councake the following action:
Adopt Ordinance No. 05-2015, second reading.
Approved by City Manager: David L. Greene Date: 5/27/15
ORDINANCE NO. 05-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
AMENDING CHAPTER 98, SUBDIVISIONS, AND CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES; AMENDING THE
TECHNICAL REQUIREMENTS FOR SIDEWALKS WITHIN THE
CITY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral desires to have safe and
efficient sidewalks to support the bicycling and pedestrian community and has determined that
City sidewalks contribute to the general quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Council desires to update the existing City Code related to sidewalks
to ensure that the Code provides the design and specifications needed to safely and efficiently
accommodate the City's bicycling and pedestrian public; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapters 98 and 110. Chapters 98, Subdivisions, and 110,
Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as
follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks
(***) indicate a deletion from this Ordinance of text existing in Chapter 98 or Chapter 110. It is
intended that the text in Chapter 98 or Chapter 110 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance No.05 -2015
Page 1 of 4
Sec. 98-92.- Streets.
(a) Arterial streets cross sections of a subdivision shall be in accordance with the city
comprehensive plan and as determined by the city engineer and approved by the planning
and zoning board.
(b) Collector streets shall have either:
(1) A 60-foot-wide right-of-way, two 20-foot-wide pavements, four-foot-wide separation
strips, no less than five-foot-wide sidewalk on each side; or
(2) A 60-foot-wide right-of-way, 40-foot-wide pavement and no less than five-foot-
wide sidewalk on each side.
(c) Minor streets for row houses and apartments shall have a 60-foot-wide right-of-way, 36-
foot-wide pavement, and no less than five-foot-wide sidewalks on each side. For residences,
minor streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and no less
than five-foot-wide sidewalks on each side.
(d) Marginal access streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and
no less than five-foot-wide sidewalks on each side.
* * *
(t) Sidewalks shall be constructed as follows:
(1) Residential areas shall have a sidewalk no less than five few feet wide.
(2) Arterial and collector streets shall have a sidewalk no less than five feet wide.
(3) All sidewalks shall be a minimum of three and one-half inches thick, 3000 2500 psi
concrete, reinforced with six by six # ten welded wire mesh or with polypropylene
fibers ("Fibermesh"), with expansion joints at 30-foot intervals and construction joints
at five foot intervals.
(4) All sidewalks must in front of driveways shall be a minimum of six inches thick, 3000 psi concrete,
reinforced with six by ten (6x10)
welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at
30-foot intervals and construction joints at five foot intervals.
(u) Driveway apron shall be a minimum of six inches thick, 3000 psi concrete, with six by
six # ten, welded wire mesh. Driveways shall be a minimum of three and one-half inches
thick, 3000 psi concrete, with a six by six # ten welded wire mesh or with
polypropylene fibers ("Fibermesh").
* * *
City of Cape Canaveral
Ordinance No.05 -2015
Page 2 of 4
Sec. 110-475.- Sidewalks required.
(a) Construction of sidewalks shall be required in conjunction with the construction of any
building or development on property abutting any paved street, public and private, within
the city limits.
(b) Sidewalks shall be no less than five feet wide
regardless of zoning district. Sidewalks and concrete aprons will be required across asphalt
paved driveways. Sidewalks
along State Highway A1A will require a permit from the state department of transportation
and shall be no less than five feet wide.
(c) Sidewalks being installed on a street within the same block which already has sidewalks or
portions of sidewalks installed must transition to the width of the existing
sidewalks, but shall be no less than five feet in width. The transition distance
between the two different widths of sidewalks will be a minimum of five feet.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral
City Code and any section or paragraph, number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may
be corrected and additions, alterations, and omissions, not affecting the construction or meaning of
this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the
City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 05 -2015
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
June, 2015.
Rocky Randels, Mayor
ATTEST:
For Against
ANGELA APPERSON, John Bond
City Clerk, MMC Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: May 19, 2015
Legal Ad published: May 21, 2015
Second Reading: June 16, 2015
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 05 -2015
Page 4 of 4
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 06/16/2015
Item No. 5
Subject: Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of
Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an effective
date, first reading.
Department: Administrative Services
Summary: Ordinance No. 07-2014, amending Chapter 54, Parks and Recreation was
adopted June 17, 2014. The Ordinance moved the language related to fires from
Section 54-3 to Section 54-16; however, a conforming amendment was not made to
Section 50-4(d)(4) to refer to Section 54-16 instead of 54-3. Ordinance No. 06-2015,
attached, makes the conforming amendment.
Additionally, Staff desires to further clarify the prohibition of open fires within the City
and that fires for the purpose of cooking are allowed at City Parks in designated areas
and on the Atlantic Ocean Beach provided they are confined within a self-contained
UL-listed container; all materials are removed from the beach and the previously heated
materials are not discarded into trash receptacles or upon the beach. No permit is
required for a cooking fire; however individuals planning a cooking fire are encouraged
to notify Canaveral Fire Rescue of the location/time of the cooking fire.
Staff from Canaveral Fire Rescue, Leisure Services and Community Development have
reviewed the proposed Ordinance and recommend approval.
Submitting Department Director: Angela Apperson Date: 6/5/2015
Attachment: Ordinance No. 06-2015.
Financial Impact: Cost to prepare, advertise and codify the Ordinance, as well as
preparation of the Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/5/15
The City Manager recommends that City Council take the following action:
Approve Ordinance 06-2015 on first reading.
Approved by City Manager: David L. Greene Date: 6/5/15
ORDINANCE NO. 06-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTERS 50 AND 54 OF THE CITY CODE OF
ORDINANCES RELATING TO RECREATIONAL FIRES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral desires to adopt rules and
regulations to provide for the safe enjoyment of the City's parks and recreational facilities; and
WHEREAS, it is the intent of this Ordinance to clarify City Code provisions prohibiting
open fires within the City and permitting self-contained recreational campfires or cooking fires
subject to the requirements set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendments to Chapters 50 and 54. Chapter 50, Offenses and Miscellaneous
Provisions, and Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
st-fikeeuut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Chapters 50 and 54. It is intended that the text in Chapters 50 and 54 denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
* * *
City of Cape Canaveral
Ordinance No.06-2015
Page 1 of 4
Chapter 54—PARKS AND RECREATION
Section 50-4. Sleeping and campling in public areas and beaches.
* * *
(d) Prohibitions. The following prohibitions shall apply within the corporate limits of the
city:
* * *
(4) It shall be unlawful for any person to sleep or camp upon any private beach or
undeveloped lot without the permission of the owner or person entitled to possession of
such private beach or lot. Notwithstanding, no undeveloped parcel of land shall be
inhabited or occupied for purposes of sleeping, eating, and habitation during the hours of
9:00 p.m. to 7:00 a.m. of the following day, unless such property is legally improved with
a safe, standard structure meeting all minimum ordinance requirements. Further, this
subsection shall not be construed as authorizing open fires which are expressly prohibited
by section 54-16 of the City Code.
* * *
(6) The burning of the following materials or objects are prohibited within the City: tires,
rubber material, asphalt, roofing material, tar, railroad crossties, and other lumber that has
been treated with creosote,plastics, garbage and trash.
Section 50-5. Recreational fires, generally.
Recreational campfires and cooking fires are permitted within the City provided that they are
confined within a self-contained UL-listed container, comply with all City Code and Florida Fire
Prevention Code requirements, and do not produce excessive smoke emissions. Recreational
fires within city parks, including but not limited to city beaches, are additionally subject to
section 54-16 of the City Code.
* * *
Section 54-16. Recreational Fires in City Parks.
a. Fires Prohibited in City Parks, Except in Designated Areas. Except as authorized in section 54-
16(b), Tit is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an
area designated by the city for fires by signage and postings displayed at the city park. Included in
this prohibition are recreational campfires and cooking fires. Any fire authorized in a designated
area of a city park shall be continuously under the care and direction of a competent person from
the time it is ignited until it is extinguished.
City of Cape Canaveral
Ordinance No.06-2015
Page 2 of 4
b. Cooking Fires Permitted Upon City Beaches Located on the Atlantic Ocean. Open, uncontained
fires, of any kind, are prohibited in all city parks, including but not limited to city beaches.
Cooking fires are permitted on city beaches provided that they are confined within a self-
contained UL-listed container. Disposal of coals, briquettes, embers, or other heated or
previously heated materials into trash receptacles or upon beach grounds is strictly prohibited.
Prior to departing the immediate vicinity of the cooking fire, the fire must be completely
extinguished. All materials associated with cooking fires at the beach shall be promptly removed
and the beach shall be returned to its condition prior to the use of such cooking fire.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral
City Code and any section or paragraph, number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may
be corrected and additions, alterations, and omissions, not affecting the construction or meaning of
this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the
City Council of the City of Cape Canaveral, Florida.
(Signature Page Follows)
City of Cape Canaveral
Ordinance No.06-2015
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2015.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk, MMC
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.06-2015
Page 4 of 4
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/16/2015
Item No. 6
Subject: Ratify the Composite City Manager Performance Evaluation and
discuss/determine an appropriate response to the provisions detailed in Section 2,
Salary and Evaluation, of the Employment Agreement between the City of Cape
Canaveral and City Manager David L. Greene.
Department: Legislative
Summary: Section 2, Salary and Evaluation, sub-section "B" of the City Manager's
Employment Agreement, Attachment 1, allows consideration for an adjustment to the
base salary and/or other benefits based upon performance evaluation which is required
to occur between May and July of each year.
City Council Member individual reviews were combined to create a Composite
Evaluation, Attachment 2. Performance ratings received were combined to create a
Composite, Attachment 3.
City Council Members are requested to ratify the Composite Evaluation and discuss
and determine how to proceed with the provisions of the Employment Agreement.
Submitting Department Director: Jane E. Ross Date: 6-2-2015
Attachments:
1. Excerpt from City Manager Employment Agreement.
2. Composite Performance Evaluation for City Manager David L. Greene.
3. Composite scores for Performance Evaluation for City Manager David L. Greene.
Financial Impact: Dependent upon the actions of the City Council.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/2/15
Attachment 1
AN EXCERPT FROM THE:
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement "), is by and
between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter
referred to as "City"), and David Greene (hereinafter referred to by name or as "City Manager").
Section 2. Salary and Evaluation.
A. For the performance of services pursuant to this Agreement, the City agrees to pay the
City Manager an annual base salary of Ninety-Nine Thousand Five Hundred and No/100 Dollars
($99,500.00), payable in installments at the same time as other City employees are paid with an
evaluation for a potential increase in the base salary within six (6) months of June 1, 2010, as
determined by the City Council at the Council's discretion.
B. In addition to the provisions of subparagraph A above, the City agrees to consider
adjustments of said base salary and/or other benefits of the City Manager in such amounts and
to such an extent as the City Council may determine desirable on the basis of an annual
performance evaluation of the City Manager. Such evaluation shall be in such form as the Council
and the City Manager agree upon and shall be made between May and July of each year in which
this Agreement is effective.
C. During the first year of this Agreement only, the City Manager shall have an additional
evaluation that will take place between November 2010 and January 2011 and shall receive a
potential increase in his base salary as determined by the City Council at the Council's discretion.
D. All salary shall be paid less appropriate deductions for employment taxes, income tax and
other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory
benefits.
Composite Perfomance Evaluation for City Manager David L Greene Attachment 2
Employee: David L Greene Date presented: 6/16/2015
Evaluation Period: June 2014 through May 2015 Date of Hire: 6/1/2010
Objectives:
• To evaluate the City Manager's performance of widely varied duties and responsibilities.
• To evaluate certain skills and traits that shape a successful City Manager's ability to perform
widely varied duties and responsibilities.
• To assess the quality of municipal services by measuring the management team's level of
performance in specific functional areas.
• To enable the City Council to identify and address specific strengths,areas needing improvement,
and performance objectives for the next evaluation period.
• To provide a management tool for continued improvement of the City administration.
Methods:
The Mayor and City Council members are to individually assess performance criterion by placing an"x"
on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The
performance standard evaluation scale is defined as follows:
1. Below expectations—Intolerable behavior or poor performance.
2. Marginal—Performance that is below recognized standards. Problems may exist in the quality,
quantity,or timeliness of work performance and more than normal attention to improvement is
required. Serves as a warning that work efforts could easily become unsatisfactory if not
corrected.
3. Acceptable—Performance that requires only normal correction.Quality,quantity and timeliness
of work are generally good.This is a person doing an average job when performance is compared
to that of peers.
4. Optimal — The unusual performance with a minimum of direction needed and, with rare
exception, good quality, quantity, and timeliness. This is a person doing an excellent job under
ordinary circumstances.
5. Exceeds expectations—Outstanding performance.This is a person who constantly delivers above
and beyond expectations of the job,always presenting excellent quality and quantity in a timely
manner.
This performance assessment may involve comparison to past performance, the performance of other
similar municipalities, or another standard as determined by the evaluator, but should focus on
performance during the specified evaluation period.
City Council members are encouraged to note strong points and/or concerns in the comment section
following the assessment of each performance criterion.
Page 1 of 18
Composite Performance Evaluation for City Manager David L Greene
Results:
Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate
and summarize the results into a final report that will later be presented to the City Council and the City
Manager.
Section I.Area Evaluation
Rate the City Manager on his performance in each of the areas below by placing an"x"above the number
you feel best describes his performance in that area.
1=Below Expectations;2=Marginal;3=Acceptable;4=Optimal;5= Exceeds Expectations
1. Communications
Name - Council Mayor' ; Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Petsos r Walsh
Score 4 5 4 5 4 4.40
Maintains constructive relations with the press and communicates clearly with department heads,
employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral
and written communication skills; provides opportunities for communications from citizens; effectively
utilizes tools such as newsletters,press releases,the Internet,and public speaking opportunities to inform
the community about Council actions and policies, plans for the future,and the economic outlook of the
city. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: David communicates very well through email,one-on-ones and Staff.
Council Member Petsos: Communication with department heads is very clear and open, would be good
to see some way of getting our citizens to use the internet to get their info,which in many cases could then
be"real time"and would also like to see the City manager out at more speaking engagements.
Mayor Randels:Sometimes I feel I am the last to learn of a new business interested in our community. I
hate to respond to a resident's question that I do not know the answer for. This is mostly my shortcoming
as I do not meet with City Manager on a daily basis for updates. My daytime is usually dedicated to
residents'needs or to a meeting to help some organization. City Manager has always responded with the
information when asked. I have not been asking. I will dedicate more time to local City involvement.
Council Member Walsh: The City Manager communicates dearly both orally and in writing with Council
Members,Department Directors,contractors and the general public.
Page 2 of 18
Composite Performance Evaluation for City Manager David L Greene
2. Relationship with City Council
Name Council Mayor Council Mayor Council Composite
Member Pro Tern Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Openly communicates with City Council members; promptly and properly responds to requests; keeps
City Council members informed of current issues and remains accessible;provides support in carrying out
Council decisions. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: David brings to Council every bit of information that is at his disposal. If there is
any needed information,it is brought forward as soon as possible.
Council Member Tem Petsos:Accessibility is excellent, only thing that could improve this is if real time
events(other than weather)could be sent out rather than only being included in the weekly report.
Mayor Randels:I look forward to a Planning and Goal Setting Day to receive Council's ideas for long-range
future goals. We have achieved the long-term Police Building,Fire Station,City Hall and Complete Streets
items,as well as updating WWTP and needed Stormwater improvements.
Council Member Walsh: The City Manager responds promptly to Council's concerns and utilizes an open
door policy and is available to Council Members as needed. As with any city manager's position, there is
the challenge of managing the different viewpoints of multiple Council Members of which the City
Manager does very well. Mr. Greene is very willing to share his thoughts, likes, dislikes, opinions and
professional views.
3. Budgeting
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Provides capital improvement plans or any other short and/or long range plans that anticipate the needs
of the community;presents a timely annual budget which is well documented,organized,and one which
closely represents the goals of the City Council. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: David has done excellent in this area for the City's future.
Council Member Petsos: Mr. Greene's foresight in packaging projects together has been one of many
strong points,although I don't like borrowing funds in the past year he has positioned us to move forward
Page 3 of 18
Composite Perfonnarioe Evaluation for City Manager David L Greene
on proiects that have been on the back burner for a very long time. He has managed to project forward a
plan to pay off the debt without having to increase ad valorem taxes.
Mayor Randels: Our 5-Year Capital Improvement Plan by far exceeds most other mayors;both large and
small cities. This most likely is due to most cities having term limits and the councils are not interested in
8-10 years from now as they won't be in office. I appreciate how each large capital expense is identified
with one of our Vision opals.
Council Member Walsh: : As mentioned in the reviews of the past years,a five-year capital improvement
plan has been developed and continues to be modified as applicable.I appreciate Mr. Greene's continued
efforts in continuously looking for alternative revenue streams for the City.Some of the fees still continue
to be inequitable amongst property types,such as the storm water fee.
4. Financial Management
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5+ 5 5
Accurately and precisely reports and projects the financial condition, budgets realistically; implements
management practices and policies to maintain or achieve a sound long-term financial condition; uses
debt appropriately; plans for the long-term replacement and maintenance of equipment and
infrastructure. Comments:
Council Member Bond: David also hired a world-class Finance Director. Kudos.
Mayor Pro Tem Hoog:Keeps City Staff needs ahead of expectations.
Council Member Petsos: The monthly reports we receive are wry detailed, along with good backup on
why we are in the position we are,always a good snapshot of status in time.I'm proud this City many years
ago developed a strong financial position,one that this administration continues with.
Mayor Randels: Probably one of our City Manager's strongest of many qualifications. Again, this is
unusual with many of the Mayors I meet and brag about our City's agenda,as they with term limits won't
be here to receive the broken sewer force main shooting out of the around. Admittedly, our policy of
replacement of an underground storm or sewer line that is not broken(although over half a century ofd)
is difficult to explain to our residents that preventive maintenance Is important.
Council Member Walsh: As previously mentioned,the five-year capital plan that has been developed. The
City has also been acquiring grant money. The City's continued strona financial strength is a true
testament to Mr. Greene's financial management of the City.
Page 4 of 18
Composite Performance Evaluation for City Manager David L Geene
5. Asset Management
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 4 5 5 4.70
Oversees appearance& condition of City-owned facilities, equipment, and vehicles; reviews equipment
and property for the purpose of future development/replacement. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: City vehicles and facilities are in excellent condition and appearance.
Council Member Petsos: Although the City has always had a 5 year plan,it has been drastically improved
under Mr. Greene's leadership equipment is being upgraded, along with all facilities and parks being
maintained in a manner that constantly has our Citizens commenting on how great they look. Manatee
Park is a shining example of the vast improvements and maintenance upkeep that the City continues to
maintain and improve upon.
Mayor Randels: Staff and our residents are proud of the recent year updates of our vehicles,and new and
better maintained building facilities. Also the modern, current computers and printers have eliminated
the expenses of repairs for 5-7 year old printers.
Council Member Walsh: As with the previous year,Mr.Greene continues to excel in this dimension. Under
his direction, many Maintenance and Repair programs he generated are in practice today to ensure
present and future needs are met.
6. Planning and Organization
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Pestos Walsh
Score 4 5 5 5 4.75 4.75
Works with the City Council in developing the City's long and short term goals, objectives, vision and
strategic plan;makes efforts to carry out the goals, policies,and programs of the Council;demonstrates
the ability to anticipate the needs of the City and recommends options to appropriately respond to those
needs. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog:David's goal is to carry out the City's vision. It is very evident by his actions.
Page 5of18
Composite Performance Evaluation for City Manager David L Greene
Council Member Petsos: Continues to excel in the proper planning of projects in the city along with a
strong strategic plan that he has shown us can happen and mesh with the city goals and objectives,
sometimes pushing and dragging us into the 21st century!
Mayor Randels: It is certainly a pleasure to be able to remove some of our 8-10 year old plans of Fire
Station, Complete Streets, Public Safety Facility, City Hall and WWTP Upgrade out of pending files in my
garage files. I believe the best is yet to come with the CRA, Brownfield, Overlay Plan of A1A, Branding
Initiative and some emphasis on Code Enforcement action for our neglected 40-50 year old residents'
homes. We just received our first resident to purchase a home on Ridgewood Avenue that works in Lake
Nona @ Nemours Hospital.
Council Member Walsh: The goals and objectives of the City/Council should be closely aligned with the
Visioning and Economic Development Action Plan that were established by Council in 2009/2010. Mr.
Greene has been diligently pursuing implementation of the City's Visioning statement and continues to do
so.
7. Decision Making
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 4.5 5 4.75 4.85
Makes timely decisions that are well thought out and in the best interest of the City;accepts responsibility
for outcomes;handles difficult situations in a professional and pro-active manner.Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Good thought process.
Council Member Petsos: Icon only repeat what I stated in last year's eval:Decisions are made in the best
interest of the Community,he has moved the City to a new level and while some items might have moved
a little faster than Council might be comfortable with,they were necessary. His passion to do what's right
for the Community Is without question.
Mayor Randels: City Manager is exactly correct when he referred to being a change agent at the interview
where he was hired. I can't keen un with him and I consider myself very capable. More advancement has
been accomplished in our last 4 years than the previous 25 years of my being on City Council.
Council Member Walsh: The City Manager generally considers facts and issues and potential outcomes
prior to making decisions. Mr. Greene does not hesitate to handle difficult situations and usually handles
them professionally.
Page 6 of 18
Composite Performance Evaluation for City Manager David L Greene
8. Council Meetings
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Pestos Walsh
Score 5 5 4.5 5 4.75 4.85
Attends all meetings, informs City Council in advance of future non-attendance, and arranges for
appropriate staff to attend;provides,on a timely basis,necessary documentation and information related
to issues presented during meetings; participates in discussions and makes appropriate
recommendations;provides timely agenda. Comments:
Coundl Member Bond:None stated.
Mayor Pro Tem Hoog: Council functions well due to David's preparedness.
Council Member Petsos:Council meetings continue to have all necessary info submitted to us far enough
in advance to be able to conduct the meeting without making it a workshop with a number of questions
having to be asked. Mr. Greene might tone down his passion directed at some of the audience members
at times,although we as a Council need to rein in some of the comments/acquisitions made by members
of the public.
Mayor Randels:The change in Council Meetings of this item of consideration is very noticeable. I cannot
remember now why we for nears had a workshop the week before each Council Meeting to discuss the
same items to be discussed next week when they were voted on. I am grateful as Chair to be able to ask
the City Manager to assist in the explanation of an item that I did not have knowledge on for the resident
asking the question.
Council Member Walsh: As with the previous year's review, Mr. Greene continues to do a great iob in
providing information in the agenda packets and getting the Council meetinqs to be more efficient.Agenda
packets are produced in a timely manner,items have been moved to the consent portion and the meetings
are more productive.
9. Professional and Leadership Skills
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 4 4 4 4.75 4.75 4.30
Represents the City in a professional manner; demonstrates a high degree of integrity;displays ability to
handle crises;accepts constructive criticism;demonstrates courtesy,tact and skill in dealing with sensitive
matters and in dealing with others;maintains an overall personable and warm attitude. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: On occasion, David shows the other side when a citizen does not agree with his
Page 7of18
Composie Performance Evaluation for City Manager David L Greene
form of presentation of an item.
Council Member Petsos: His integrity is truly an outstanding feature in making sure the City is well
represented whenever he meets with us, or members of the public and developers, which takes away the
concern of any"shady"deals being made.As stated above, courtesy and tact could be improved,but that
holds true for all of us.
Mayor Randels: City Manager certainly has the experience and ability to face a crisis and deal with the
situation appropriately. Not lust to resolve It alone,but also for it to be the best for our City and residents.
Council Member Walsh: Overall, Mr. Greene is a Professional Leader and has demonstrated this in his
everyday dealings. He tends to be personable and courteous with individuals and generally maintains a
positive attitude. Mr. Greene does a great job with taking a hard line with individuals when needed and
generally does what he feels is in the best interest of the City.
10. Community Relations
name Council Mayor Council Mayor Council Composite
Member Pro Tern Member Randels Member Score
Bond, Hoog Petsos Walsh
Score 4 4 3.5 4.75 4 4.05
Maintains positive relations with community groups and organizations;attends community functions and
designates appropriate staff to promote City Council through speaking engagements at civic and other
such types of meetings;properly handles complaints from citizens. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: As David has presented in his self-evaluation.
Council Member Petsos: This is the only area that I'd like to see some improvement, a number of
comments have been made by our Citizens about not seeing him at various functions, or out in the
community as much as possible.
Mayor Randels: Another area that is very beneficial to our City is improving relations with Canaveral Port
Authority. Our City is the only next door Residential Community of the Port. By working together,we can
both benefit for the future.
Council Member Walsh: The City Manager continues to build/rebuild positive relationships as well as
maintain existing positive relationships. Although Mr. Greene does view the SCLOC as an elected official
forum and not a City Manager's forum, I would like to see Mr. Greene attend more of their monthly
meetina functions.Other City Managers do attend and provide much information to the organization.Also
I would like to see the City Manager work more closely with the Fire Department regarding issues with
some replacement windows to ensure the safety,health and welfare of our residents.
Page 8 of 18
Composite Perf!oimanoe Evaluation for City Manager David L Greene
Other Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: I feel David's shortfall here is far exceeded by his other traits.
Council Member Petsos: Overall, an excellent City Manager. I believe we all feel very comfortable aoinq
into his office to discuss any issue and he will work on it,or be able to gently convince us that it might not
be where we want to position the City. He has great tact with the Council and doesn't come right out and
tell us that an idea we have might be flat out idiotic!
Mayor Randels:None stated.
Council Member Walsh: None stated.
Section I.Average:4.69
Section II.Skills&Traits Evaluation
1=Below Expectations;2=Marginal;3=Acceptable;4=Optimal;5= Exceeds Expectations
1. Planning Skills
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Petsos Walsh
Score 5 5 5 5 5 5
Anticipates future needs, identifies viable options, and implements appropriate measures to achieve
goals;anticipates and analyzes problems and plans effective solutions.Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: The City's future is well planned and organized through the efforts of Management
and Staff.
Council Member Petsos:The visioning process has given him a good road map to strive to obtain and he
has made the appropriate plans to implement them without overextending the City. The numerous projects
that are active or about to become active construction projects show just how well he's able to get his staff
to multitask to get these aoals a reality.
Mayor Randels: The prepared wording for this item is exactly the words I would choose.
Page 9 of 18
Composite Performance Evaluation for City Manager David L Greene
Council Member Walsh: None stated.
2. Leadership Skills
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member , Randels ' Member Score
Bond Hoog Petsos a Walsh
Score 4 5 5 5 4.75 4.75
Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as
necessary;delegates to appropriate levels in the organization. Comments:
Council Member Bond: Hard for me to assess as l am not part of the day-to-day activities at City Offices.
Mayor Pro Tem Hoog: David has formulated a vision and direction for Staff to take this City to heights
never before imagined.
Council Member Petsos: Leadership skills are excellent, if not, we wouldn't be accomplishing all the
forward momentum that we have.
Mayor Randels: City Manager has turned our Staff into a team all working for the one goal of"What is
best for our City?"
Council Member Walsh: The City Manager is respected by the Staff and continues to promote a team
environment with no barriers between City departments. I continue to recognize and applaud Mr. Greene
for holding team members accountable and responsible and know he will continue to do so in a
professional manner.
3. Negotiating Skills.
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 4.5 5 5 4.90
Effectively resolves the numerous conflicts inherent in municipal government;negotiates effectively with
developers and other interest groups, other governments, and individuals to reach agreements that
protect the community interest. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: The City has moved forward due to the process for negotiations that are in place.
Council Member Petsos:Mr.Greene has a way of working with the developers in our area to ensure that
they have a first class project without"giving away the farm"He is always working for the betterment of
Page 10 of 18
Composite Performance Evaluation for City Manager David L Greene
the community along with making the developers feel like they have "won"concessions while it's actually
the community that has obtained what was envisioned.
Mayor Randels: His lasting efforts with neaotiatina with investors in our community,as well as the service
providers we work with to provide the best outcome for our City, is certainly maintained althouah very
time consuming for his actions.
Council Member Walsh: The City Manager continues to successfully negotiate, and renegotiates when
needed,various contracts periodically keeping the community's and city's best interest in-sight.
4. Creativity
Name Council Mayor Council Mayor Council Composite
Member Pro Tern Member Randels Member Score
Bond Hoog Petsos Walsh
Score 1 5 5 5 5 4.75 4.95
Identifies effective,efficient,and when necessary,innovative solutions to problems. Comments:
Council Member Bond:This is very apparent when it comes to bidding Capital Projects.
Mayor Pro Tem Hoog: Always looking for new revenue streams and creative ideas.
Council Member Petsos: As stated before,his planning to lump together projects and have them approved
under a financial plan that keeps us under 2%for a loan enables us to do projects that we only hoped to
do. We did have fundina for some with the conservative methods of the past but he has helped to leverage
those funds to get an excellent interest rate for us to move forward with numerous projects at the same
time.
Mayor Randels:City Manager has remarkable creativity;a new idea for each occasion.
Council Member Walsh: Mr. Greene has proven to be a very creative problem solver.
5. Honesty/Fairness
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Pestos Welsh
Score 5 5 5 5 4.75 4.95
Is consistently open,straightforward,and impartial. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Always impartial.
Page 11 of 18
Composite Performance Evaluation for City Manager David L Greene
Council Member Petsos:l think the 5 rating speaks for itself.l have always believed that a ranking of 3 is
someone that is meeting expectations and doing a sufficientjob. Mr. Greene has proven himself and is
ethical, honest and fair with us. I have not had any complaints about honesty/fairness.........some on
treatment of citizens,but none on this rating.
Mayor Randels: Above written comments says it very well.
Council Member Walsh: None stated.
6. Adaptability
Name Council Mayor Council Mayor Council Composite
Member Pro Tern Member Randels Member Score
Bond Hoog Petsos Walsh
Score 4 5 4 5 5 4.60
Responds positively in a timely manner to a changing world and local conditions. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog:Never seems to have the lack of an answer.
Council Member Petsos: Always keeps an eye toward what is happening that might impact us as a City
not only in the financial aspect,but of future growth.
Mayor Randels: Our City is chanaina fast;the old previous ideas are not useful in today's business world.
With a small staff and limited resources from property taxes, he has utilized many user services fees with
the user of the service provided paying for the value of the product;such as reclaimed water for those
desirina the product.
Council Member Walsh: Mr. Greene continuously looks for opportunities to advance Cape Canaveral's
interest.
7. Initiative
Name Council Mayor Council Mayor Council Composite
Member Pro Tern Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5.0
Uses initiative to develop new programs to meet the needs of the City or resolve identified problems;
implements or modifies procedures and programs as necessary to improve organizational effectiveness
and efficiency. Comments:
Council Member Bond: None stated.
Page 12 of 18
Composite Perfamanoe Evaluation for City Manager David L Greene
Mayor Pro Tem Hoog: David is a motivator for all.
Council Member Petsos: Mr. Greene is always looking to use his past experience as a City manager and
in the private sector to identify potential problems and resolve them prior to them impacting the City.
Mayor Randels: City Manager's initiative has taken advantage of many opportunities for improvement
in our 50+year old community.
Council Member Walsh: The City Manager understands the need for processes and procedures and has
assisted the City team in this dimension which has added efficiencies. The City still has many opportunities
for improvement of which the City Manager will be challenged with over the years ahead.
8. Resiliency
Name ' Council ' Mayor Council Mayor Council Composite I
Member 'k Pro Tem : Member " Randels Member Score
Bond Hoeg lid j Walsh
Score 5 4 4.5 5 5 1 4.70
Maintains energy and motivation in spite of constant demands;handles stress well. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Back to the irritating citizen;but otherwise good motivation.
Council Member Petsos:Always has the motivation to do what needs to be done, doesn't show signs of
stress, thought know of times it Is there.
Mayor Randels: City Manager doesn't stop.
Council Member Walsh: Mr. Greene is a highly motivated individual.
9. Humor
Name Council Mayor Council Mayor Council Composite
", Member Pro Tem Member Randels Member Score
Bond Hoeg Petsos Walsh
Score 5 5 1 5 1 4.75 1 4.75 4.90 1
Maintains and shares an appropriate sense of humor to lighten the load. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog:David has a good direction about his actions.
Council Member Petsos: As I've said in the past, he has an excellent sense of humor and helps to always
lighten and defuse tense discussions. To deal with the 5 vastly different styles of the elected council and
his staff he needs to be commended!
Page 13 of 18
Composite Performance Evaluation for City Manager David L Greene
Mayor Randels: Humor is needed.
Council Member Walsh: Mr. Greene is very driven and extremely competitive, which is a very positive
trait for a city manager,and has a very Good sense of humor.
10. Ethical Standards
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics."
Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Above standards.
Council Member Petsos: The rating of 5 speaks for itself.
Mayor Randels: "Walk the talk,be an example to others"should be all our goals.
Council Member Walsh: Mr. Greene sets a good example for the City team of employees.
11. Job Knowledge
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Petsos Walsh
Score 5 5 5 5 5 5
Has a solid knowledge of all phases of municipal government. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Well informed of issues.
Council Member Petsos:His knowledge in both the municipal sector, along with dealing with developers
from other positions in aettinawrolects done at a municipal level are superb.
Mayor Randels: "Job Knowledge"is an excellent description of our City Manager.
Council Member Walsh: The City Manaaer has exceptional knowledge of municipal government. He also
possesses in-depth knowledge of local government and private business. Mr.Greene is exceptional in this
cateaorv.
Page 14 of 18
Composite Performance Evaluation for City Manager David L Greene
12.Operational Efficiency
Name Council Mayor Council Mayor Council Composite
Member Pro Tem Member Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5+ 5 5
Generally obtains the best possible result for the resources expended. Comments:
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Watches very closely;the best for the buck.
Council Member Petsos: Have not heard of any complaints other than from developers that feel they
"gave up a bunch to build here"If it wasn't financially feasible, they would have never relocated here,so I
believe Mr. Greene has more than done a professional job for the City and citizens of Cape Canaveral.
Mayor Randels:Our City's "Operational Efficiency"will lead in any city I can compare with.
Council Member Walsh: The City Manager continues to restructure the organization as needed.Over the
past year,Mr. Greene has once again Improved the operations of the City as a whole. This is an area that
I am certain Mr. Greene will continue to excel in.
Other Comments:
Council Member Bond:Much better at handling conflicts during Council meetinas. There are much
larger cities that would love to have David at the helm. He and I are alike in that when we encounter
roadblocks, we don't stew. We find another path to our destination.
Mayor Pro Tem Hoog:None stated.
Council Member Petsos: None stated.
Mayor Randels:None stated.
Council Member Walsh: As with prior year, doing more with less is essential to the City and to the
organization as a whole which will reduce expenses that positively impact the budget. Mr. Greene
continues to strive to meet these expectations and demands.
Kudos to Mr. Greene for another successful year!I truly enjoy working with him.
Section II. Average:4.90
Page 15 of 18
Composite Performance Evaluation for City Manager David L Greene
Section III.Quality of Municipal Service by Department/Division
Rate the quality of service provided by each of the functional departments and divisions below by placing
an"x"in the block beneath the number which you feel best describes the quality of service.
1=Below Expectations;2=Marginal;3=Acceptable;4=Optimal;5=Exceeds Expectations;N/S=Not Scored
Council Mayor Pro Council Mayor Council Composite
Member Tern Member Randels Member Score
Bond Hoog Petsos Walsh
City Clerk's Office 5 5 4 5 N/S 4.75
Admin/Financial Services 5 5 N/S 4.5 N/S 4.83
Audit/Financial Services 5 5 4 4.75 N/S 4.69
Contract Utility Billing 4 4 N/S 4.25 N/S 4.08
Services
Human Resources/Risk N/S 5 N/S 5 N/S 5
Management
Community Development 4.5 5 N/S 4.25 N/S 4.58
Building/Code Enforcement 5 5 4 4.25 N/S 4.56
Local Business Tax Receipts 4 5 N/S 4 N/S 4.33
Planning and Zoning 4 5 4 4.5 N/S 4.38
Economic Development N/S 5 4 5 N/S 4.67
Cultural and Leisure Services 5 5 5 5 N/S 5
Public Works Services 5 5 N/S 4.5 N/S 4.83
Stormwater 5 5 4 5 N/S 4.75
Infrastructure Maintenance 5 5 3.5 4.5 N/S 4.50
Water Reclamation 5 5 4 4.25 N/S 4.56
Engineering Services 4 4 3 4.25 N/S 3.81
Fire/Rescue Services 4 5 5 4.75 N/S 4.69
Police Services 4 4 4.5 4.5 N/S 4.25
Solid Waste Recycling 4.5 5 5 5 N/S 4.88
Specific Comments:
Council Member Bond: HR/Risk Mgmt.-Unable to evaluate.
Mayor Pro Tem Hoog:None stated.
Council Member Petsos: None stated.
Mayor Randels:None stated.
Page 16 of 18
Composite Performance Evaluation for City Manager David L Greene
Council Member Walsh: As previously stated, I feel that a survey should be placed on the website to
reach the residents of Cape Canaveral to get the feedback of the community of how they feel the
customer service and quality of service is.
Section III.Average:4.59
Section IV.Strengths,Weaknesses,Performance Objectives
STRENGTHS: What do you feel are some of the City Manager's strongest points and finest
accomplishments since the previous evaluation?
Council Member Bond: None stated.
Mayor Pro Tem Hoog: Leadership of the Staff— generating a "Team" environment and focusing on
accountability and responsibility. Continued organization of Council Meetings. Focusing on the
transparency and long-term vision and sustainability of the City. Improving operational and organizational
effectiveness
Council Member Petsos: Attention to detail. Ability to lead the departments and have them working as
a cohesive group with the final goal of having what's right and harmonious for the citizens of our
community.
Mayor Randels: None stated.
Council Member Walsh:
• Leadership of the Staff—generating a "Team"environment and focusing on accountability and
responsibility
• Continued organization of Council Meetings
• Focusing on the transparency and long-term vision and sustainability of the City
• Improving organizational effectiveness with the recent restructuring of departments
WEAKNESSES: What areas of the City Manager's performance do you feel most need improvement?Do
you have any suggestions for improvement in these areas?
Council Member Bond: None stated.
Mayor Pro Tern Hoog: Less agitation with aggressive citizens.
Council Member Petsos: Would like to see him out in the community at more functions.
Mayor Randels: None stated.
Council Member Walsh:
Page 17 of 18
Composite Performance Evaluation for City Manager David L Greene
• Involvement and engagement of community regarding City projects
o Mr.Greene should welcome Community involvement and encourage resident involvement
with major items and developments that impact their City such as financial budgeting
ideas. This community has a population of highly skilled and educated individuals who
want to volunteer, help and be involved. We should tap into those resources as much as
we can
• More involvement with the SCLOC
NEW OBJECTIVES: List new priorities you would like to see addressed in the next year.
Council Member Bond: None stated.
Mayor Pro Tem Hoog: City Employees Appreciation Day over and above the yearly Christmas Party;like
Employees of the Year Day.
Council Member Petsos: A children's fishing pier at one of the river parks. Improvements to the beach
crossovers to make them more accessible to handicapped citizens, this would also decrease in the amount
of people tripping on the steps coming and going to the beach.
Mayor Randels: City Staff/Council have a Planning/Goal Setting Day to establish new long-term
objectives.
Council Member Walsh:
• Cost effective implementation of infrastructure improvements from the CIP.
• Continue to work at the below objections that were mentioned last year.
• Engagement of the community/residents more on some topics,issues and projects facing the City.
• Continue to increase revenue streams and avenues and reduce operational expenses.
City Manager Performance Evaluations conducted by the Mayor, Mayor Pro Tem and Council Members
are retained by the Human Resource Director. This document represents the scores and comments of
all as submitted.
Employee Response:
Employee Signature Date
Page 18 of 18
Attachment 3
Composite Performace Evaluation Report for City Manager Greene
Evaluation Period June 2014 through May 2015
Presented June 2015
Council Council Council
Member Mayor Pro Member Mayor Member Composite
Section 1.Area Evaluation Bond Tem Hoog Petsos Randels Walsh Score
1 Communications 4 5 4 5 4 4.40
Relationship with City
2 Council 5 5 5 5 5 5.00
3 Budgeting 5 5 5 5 5 5.00
Financial
4 Management 5 5 5 5+ 5 5.00
5 Asset Management 4.5 5 4 5 5 4.70
Planning and
6 Organization 4 5 5 5 4.75 4.75
7 Decision Making 5 5 4.5 5 4.75 4.85
8 Council Meetings 5 5 4.5 5 4.75 4.85
Professional and
9 Leadership Skills 4 4 4 4.75 4.75 4.30
10 Community Relations 4 4 3.5 4.75 4 4.05
4.69
N/S= Not Scored
Council Council Council
Section 11. Skills&Traits Member Mayor Pro Member Mayor Member Composite
Evaluation Bond Tern Hoog Petsos Randels Walsh Score
1 Planning Skills 5 5 5 5 5 5.00
2 Leadership Skills 4 5 5 5 4.75 4.75
3 Negotiating Skills 5 5 4.5 5 5 4.90
4 Creativity 5 5 5 5 4.75 4.95
5 Honesty/Fairness 5 5 5 5 4.75 4.95
6 Adaptability 4 5 4 5 5 4.60
7 Initiative 5 5 5 5+ 5 5.00
8 Resiliency 5 4 4.5 5 5 4.70
9 Humor 5 5 5 4.75 4.75 4.90
10 Ethical Standards 5 5 5 5 5 5.00
11 Job Knowledge 5 5 5 5 5 5.00
12 Operational Efficiency 5 5 5 5 5 5.00
4.90
Composite Performace Evaluation Report for City Manager Greene
Evaluation Period June 2014 through May 2015
Presented June 2015
Council Council Council
Section III. Quality of Municipal Member Mayor Pro Member Mayor Member Composite
Service by Department/Division Bond Tern Hoog Petsos Randels Walsh Score
City Clerk's Office 5 5 4 5 N/S 4.75
Admin/Finandal Services 5 5 N/S 4.5 N/S 4.83
Audit/Financial Services 5 5 4 4.75 N/S 4.69
Contract Utility Billing Services 4 4 N/S 4.25 N/S 4.08
Human Resources/Risk Mgmt. N/S 5 N/S 5 N/S 5.00
Community Development 4.5 5 N/S 4.25 N/S 4.58
Building/Code Enforcement 5 5 4 4.25 N/S 4.56
Local Business Tax Receipts 4 5 N/S 4 N/S 4.33
Planning and Zoning 4 5 4 4.5 N/S 4.38
Economic Development N/S 5 4 5 N/S 4.67
Leisure Services 5 5 5 5 N/S 5.00
Public Works Services 5 5 N/S 4.5 N/S 4.83
Stormwater 5 5 4 5 N/S 4.75
Infrastructure Maintenance 5 5 3.5 4.5 N/S 4.50
Water Reclaimation 5 5 4 4.25 N/S 4.56
Engineering Services(Contracted) 4 4 3 4.25 N/S 3.81
Fire/Rescue Services(Contracted) 4 5 5 4.75 N/S 4.69
Police Services(Contracted) 4 4 4.5 4.5 N/S 4.25
Solid Waste Recyding(Contracted)
4.5 5 5 5 N/S 4.88
N/S= Not Scored
4.59
2014-15 2013-14
Section 1.Area Evaluation 4.69 4.73
Section II. Skills&Traits 4.90 4.90
Section III. Quality of Municipal
Service 4.59 4.79
Grand Total 4.72 4.81
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 06/16/2015
Item No. 7
Subject: City Council designate one (1) City Official to be the Voting Delegate at the
89th Annual Florida League of Cities Conference scheduled for August 13-15, 2015 —
World Center Marriott, Orlando, Florida and decide if it wishes to propose resolution(s)
for the League's consideration.
Department: Administrative Services
Summary: The Florida League of Cities (FLC) is the united voice for Florida's
municipal governments. Its goals are to promote local self-government and serve the
needs of Florida's municipal governments. Growing from a small number of cities and
towns, it now represents more than 400 cities, towns and villages. The League is
governed by a Board of Directors comprised of elected municipal officials. The FLC's
89th Annual Conference is scheduled for August 13-15, 2015 at the World Center
Marriott, Orlando, Florida.
League By-Laws require that each member municipality sending delegates to the
Annual Conference of the FLC designate one (1) of its officials to cast its votes at the
Annual Business Session.
Additionally, the FLC adopts resolutions each year to take positions on
commemorative, constitutional or Federal issues. If City Council wishes to propose a
resolution, it must be received by the League no later than July 8, 2015.
Staff requests Council designate one (1) City Official to be the Voting Delegate at the
Conference and decide if it wishes to propose resolution(s) for the League's
consideration.
Submitting Department Director: Angela Apperson Date: 5/27/15
Attachments: Letter, Designation of Voting Delegate form and Procedures for
Submitting Resolutions
Financial Impact: Cost of attendance at Conference. Staff time and effort to prepare
this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/29/15
The City Manager recommends that City Council take the following action(s):
City Council designate one (1) City Official to be the Voting Delegate at the 89th Annual
Florida League of Cities Conference scheduled for August 13-15, 2015 —World Center
Marriott, Orlando, Florida and decide if it wishes to propose resolution(s) for the
League's consideration.
Approved by City Manager: David L. Greene Date: 5/29/15
[Florida League of Cities logo]
301 South Bronough Street•Suite 300• P.O.Box 1757 •Tallahassee,FL 32302-1757 • (850)222-9684• Fax(850)222-3806•www.floridaleagueofcities.com
TO: Municipal Key Official
FROM: Michael Sittig, Executive Director
DATE: May 20, 2015
SUBJECT: 89th Annual FLC Conference —Florida Cities: A Public Conversation
VOTING DELEGATE INFORMATION
August 13-15, 2015 — World Center Marriott, Orlando
As you know, the Florida League of Cities' Annual Conference will be held at the World
Center Marriott, Orlando, Florida on August 13-15. This year the theme for this year's
conference is Florida Cities: A Public Conversation, which will provide valuable
educational opportunities to help Florida's municipal officials serve their citizenry more
effectively.
It is important that each municipality designate one official to be the voting delegate.
Election of League leadership and adoption of resolutions are undertaken during the
business meeting. Voting delegates will also adopt the FLC 2016 Legislative Action
Agenda because the 2016 Legislative Session will begin early next year. One official
from each municipality will make decisions that determine the direction of the League.
In accordance with the League's by-laws, each municipality's vote is determined by
population, and the League will use the Estimates of Population from the University of
Florida for 2014.
Conference registration materials will be sent to each municipality in the month of June.
Materials will also be posted on-line. Call us if you need additional copies.
If you have any questions on voting delegates, please call Gail Dennard at the League
(850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be
received by the League no later than August 7, 2015.
Attachments: Form Designating Voting Delegate
President Matthew D.Surrency,Mayor,Hawthorne
First Vice President Susan Haynie,Mayor,Boca Raton • Second Vice President Vacancy
Executive Director Michael Sittig • General Counsel Harry Morrison,Jr.
89th Annual Conference
Florida League of Cities, Inc.
August 13-15, 2015
Orlando, Florida
It is important that each member municipality sending delegates to the Annual
Conference of the Florida League of Cities, designate one of their officials to cast their
votes at the Annual Business Session. League By-Laws requires that each municipality
select one person to serve as the municipalities voting delegate. Municipalities do not
need to adopt a resolution to designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Fax to Gail Dennard at (850) 222-3806 or email gdennard@flcities.com
[Florida League of Cities logo] Important Information
MEMORANDUM
Submitting Resolutions for consideration by the FLC Resolutions Committee
The League's Resolutions Committee will be meeting in conjunction with
the FLC Annual Conference, August 13-15, 2015. Any municipality
interested in submitting resolutions for consideration must submit them to
the League no later than Wednesday, July 8, 2015, to guarantee that they
will be included in the packet of proposed resolutions to the Resolutions
Committee. Resolutions are limited to federal, constitutional or
commemorative issues that are of statewide concern. Attached are the
procedures your municipality should follow for proposing resolutions to the
League membership.
If you have questions regarding resolutions, please contact Allison Payne at
apayne@flcities.com or 850-701-3602 at the League office.
FLC Legislative Policy Committee Process
With the Florida Legislature convening the 2016 Legislative Session in
January instead of March 2016, the policy committee meetings will
commence this June instead of September. This accelerated timeline means
the proposed priorities adopted by each policy committee will then be
submitted to the Legislative Committee and then ultimately the FLC
membership for consideration and adoption at the FLC Annual Conference
in August instead of the FLC Legislative Conference in November. These
priorities then become the League's Legislative Action Agenda.
If you have questions regarding the legislative policy process, please contact
Holly McPhail at hmcphail@flcities.com or 850-701-3604 at the League
office.
301 South Bronough Street•Suite 300•P.O.Box 1757•Tallahassee,Fl.32302.1757•(850)222-9684•Fax(850)222-3806•www.Hcities.com
Procedures for Submitting Resolutions
Florida League of Cities' 89th Annual Conference
World Center Marriott, Orlando, Florida
August 13 — 15, 2015
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the
League office by July 8, 2015, to guarantee that they will be included in the
packet of proposed resolutions that will be submitted to the Resolutions
Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the
League office and distributed to members of the Resolutions Committee.
(Whenever possible, multiple resolutions on a similar issue will be rewritten to
encompass the essential subject matter in a single resolution with a listing of
original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee
at the conference; however, a favorable two-thirds vote of the committee will
be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of
members present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the
appropriate standing policy committee. Such proposals will not be considered
by the Resolutions Committee at the conference; however, all state legislative
issues will be considered by the standing policy committees and the
Legislative Committee, prior to the membership. At that time, a state
Legislative Action Agenda will be adopted.
(6) Proposed resolutions must address either federal issues, state constitutional
issues, matters directly relating to the conference, matters recognizing
statewide or national events or service by League officers. All other proposed
resolutions will be referred for adoption to either the Florida League of Cities
Board of Directors or FLC President.
Municipalities unable to formally adopt a resolution before the deadline may submit a
letter to the League office indicating their city is considering the adoption of a
resolution, outlining the subject thereof in as much detail as possible, and this letter
will be forwarded to the Resolutions Committee for consideration in anticipation of
receipt of the formal resolution.
Important Dates
May 2015
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions and Legislative Committees
June 2015
Appointment of Resolutions Committee Members
June 25 — Legislative Post-Session Review (2015 Session)
June 26 —Policy Committee Meetings (2016 Session)
July 2015
July 8 — Deadline for Submitting Resolutions to the League office
July 17 —Policy Committee Meetings (2016 Session)
August 2015
August 13 —Policy Committee Meetings including the finalization of
proposed committee statements (FLC Annual Conference)
August 14 —Resolutions Committee Meeting
August 14 —Legislative Committee Meeting (2016 Session)
August 15 —Pick Up Voting Delegate Credentials Followed by Annual
Business Session