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HomeMy WebLinkAboutPacket 01-20-2004 4pCE q ,O City p of Cape Canaveral r s�wx I };>, MY OF sR CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 20, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Kim McIntire and Suzanne Sparling Recognition of the 2003 Reindeer Run 5K 1 Proceeds to the Brevard County United Way Mayor's Award: Jim and Judy Hale CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 6, 2004. 2. North Atlantic Avenue Easement Agreements. 3. Easement Agreement with Tech-Vest Inc. CONSIDERATIONS: 4. Award Bid No. 03-06, Manatee Sanctuary Park Restroom/Pavilion Project. 5. Annual City Manager Evaluation. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com u City of Cape Canaveral, Florida IM, City Council Regular Meeting January 20, 2004 Page 2 RESOLUTIONS: 6. Motion to Approve: Resolution No. 2004-07; Urging the Members of the Florida Legislature to Support Municipal Issues During the 2004 Legislative Session. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.Persons with dwab*dm needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. Meeting Type: Regular ' Meeting Date 01-20-04 v� __ -.��_-• AGENDA o.M*"V W Ne"ng Presentations [tem No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: PROCEEDS TO THE UNITED WAY OF BREVARD COUNTY FROM THE 5K RUN&WALK;RECOGNITION OF MAJOR SPONSORS DEPT./DIVISION: BUSINESS&CULTURAL DEVELOPMENT BOARD Requested Action: Kim McIntire, Administrative Assistant to the City Manager and Suzanne Sparling of the United Way of Brevard County,will present a check to the United Way and Keys to the City to the major sponsors of this event. Summary Explanation& Background: I want to express my appreciation to Kim and Suzanne and the many volunteers for their dedication and enthusiasm in making this a successful event for our community and the United Way. Exhibits Attached: Board memo dated 01-09-04 City ManageF!j Office Department BUSINESS&CULTURAL DEVELOPMENT BOARD �C ,.�\mydoc s\ • \council\meeting\2004\01-20-04\OW.doc Memo To: BENNETT C. BOUCHER, CITY MANAGER Frame BUSINESS & CULTURAL DEVELOPMENT BOARD Dmw 1/9!2004 no PRESENTATION OF PROCEEDS CHECK TO UNITED WAY OF BREVARD COUNTY & SPONSORSHIP RECOGNITION Please place the presentation of the net proceeds check from the December 13, 2003 Reindeer 5K Run & Walk to Benefit United Way of Brevard County on the City Council Agenda for the January 20, 2004 meeting. Additionally, the City wilt be presenting the nine (9) major sponsors of this event with Keys to the City. Thank you. /kmm • Page 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 6, 2004 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski PRESENTATIONS: Holiday Beautification Awards Mayor Randels presented the Holiday Beautification awards to the following winners: Mr. Carl Anderson as the Multi -Family winner at 610 Jefferson Avenue and Mr. Vinnie Russomanno as the Commercial winner for Fairvilla Megastore at 500 Thurm Blvd. Mr. and Mrs. Ben and Pat Latta, the winners in the Single -Family division at 309 Madison Avenue were unable to attend the meeting and will receive their award at a later time. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 2 of 9 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 16, 2003. 2. Resolution No. 2004-01; Appointing One Alternate Member to the Code Enforcement Board. (A. Filteau) Mayor Pro Tem Hoog requested to remove Item No. 2 in order to meet the prospective applicant. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Consent Agenda Item Removed for Discussion: 2. Resolution No. 2004-01; Appointing One Alternate Member to the Code Enforcement Board. (A. Filteau) Mayor Pro Tem Hoog asked Ms. Filteau if she would be willing to move to the Planning and Zoning Board if a position became available due to her extensive planning background. Ms. Filteau agreed that she would. Mr. Hoog also asked about her thoughts on handling a matter concerning a friend. Ms. Filteau replied that she had no problem voting on issues that might confront a friend. Ms. Bea McNeely noted that there is an expressed need for people on the Community Appearance Board as well. Mayor Randels replied that Ms. Filteau had declined to serve on the Community Appearance Board. A motion was made by Mr. Hoog and seconded by Mr. Miller to Approve Consent Agenda Item No. 2 Appointing An Alternate Member to the Code Enforcement Board, Alice Filteau. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673. Mr. Boucher requested that the motion expressly state that the three percent increase is one time only for all City employees effective January 1, 2004. Mr. Larry McCormack, Union Steward, was present and indicated his agreement. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 3 of 9 A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 Contingent with a 1.1 Percent Cost of Living Increase Based On a One -Time 3 Percent Across Board Salary Increase for All City Employees Effective January 1, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Emergency Repairs to a Gravity Sewer Main by Atlantic Development of Cocoa in the Amount of $13,180. Mayor Randels explained that the City Manager desired to have the emergency repair approved by the Council since the cost exceeds his spending authority. Mr. Ed Gardulski, Public Works Director, stated that he is working on acquiring three bids for the actual construction following completion of the engineer's drawings. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve Emergency Repairs to a 16 -Inch Gravity Sewer Main by Atlantic Development of Cocoa in the Amount of $13,180. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 42-2003; Amendments to Section V, Wage and Salary Plan of the City Personnel Policy. Mayor Randels read Ordinance No. 42-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION V, WAGE AND SALARY PLAN, OF THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels summarized that the amendments to this ordinance would allow for an increase to the maximum wages in most job classifications and the amendments also included some specialized position classes. Mr. Boucher stated that all Department Heads provided input into this wage plan and he agreed that the specialized positions provided work incentives. Mr. Morgan stated that the City Manager's job classification was grossly underpaid and approving the wage plan would place his pay scale well within the range. Mr. Hoog said that there were some other positions as well that are also underpaid. Mayor Randels expressed that the employees needed a salary range comparable with the surrounding area. Mr. Treverton added that the total cost of the increase amounted to less than 1 percent of the City's annual budget. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 4 of 9 Mr. Nicholas inquired about the City Manager's salary and asked if the Council considered the budgets and the number of personnel in other cities. He said that the City Manager's salary should be reviewed in light of Cape Canaveral's absence of Fire and Law Enforcement administration. Mr. Morgan replied that other cities are also organized differently to oversee those larger components. On another note, Mayor Randels expressed his desire for quarterly reporting on the City goals. Mr. Treverton said that he would also like to see the City Manager's evaluation on the next City Council agenda. Mr. Boucher said that Council Members should submit evaluations by January 13th and he would also need to meet with each Council Member prior to that date. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 42-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 6. Motion to Approve: Resolution No. 2004-02; Amending the Sewer Rates to Abate an Increase in 2004. Mayor Randels read Resolution No. 2004-02 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE SEWER RATES, PROVIDING NOT TO IMPLEMENT A 3% SEWER RATE INCREASE FOR 2004, AS PROVIDED FOR IN CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78-152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that subsequent to a sewer rate study, a three percent rate increase was established to offset sewer operations costs. However, City Council has decided that revenue was sufficient and a rate increase was found unnecessary this year. A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve Resolution No. 2004-02 Amending the Sewer Rates, Providing Not to Implement a 3% Sewer Rate Increase for 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Resolution No. 2004-03; To Officially Name a Street in Portside Villas, Portside Avenue. Mayor Randels read Resolution No. 2004-03 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING PORTSIDE AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE C.M. WESTON SUBDIVISION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 5 of 9 COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. Mayor Randels stated that within the City ordinance avenues run east to west and streets run north to south. He stated for the record that the property was the 12 acres north of Southgate Mobile Home Park on the 8800 Block of North Atlantic Avenue. Mr. Treverton noted that some of the City avenues are actually streets by definition. A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve Resolution No. 2004-03 Officially Naming Portside Avenue in the C.M. Weston Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Mr. Todd Morley, Building Official, asked for approval for three Add -On Items to Officially Name streets to the regular meeting agenda. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Three Add -On Items to the Regular Meeting Agenda. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Approve: Resolution No. 2004-04; To Officially Name Streets in the Puerto Del Rio, Phase 3 Subdivision; Laguna Lane, Lago Drive and Lindo Street. Mayor Randels read Resolution No. 2004-04 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING LAGUNA LANE, LAGO DRIVE AND LINDO STREET, ALL LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE PUERTO DEL RIO, PHASE 3 SUBDIVISION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels clarified that the Puerto Del Rio property was visible to the west of the overpass. Mr. Hoog asked if the streets under discussion were concurrent with the City code street naming process. Mayor Randels read from City code Section 98-119 that defines how City streets are named. Discussion followed on the accuracy of renaming Luguna Lane to Laguna Way. Mayor Randels requested that the Building Official ensure the proper designation. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 6 of 9 A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve Resolution No. 2004-04 Officially Naming Laguna Lane, Lago Drive and Lindo Street in the Puerto Del Rio Phase 3 Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Resolution No. 2004-05,; To Officially Name Streets in the Shores of Artesia Subdivision; Sailfish Avenue, Elbow Key Court and Abaco Court. Mayor Randels read Resolution No. 2004-05 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING SAILFISH AVENUE, ELBOW KEY COURT AND ABACO COURT, ALL LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE SHORES OF ARTESIA SUBDIVISION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, AND THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels clarified that the existing units built east to west are considered 8501 Ridgewood Avenue and the County requested individual addresses for the units. Mayor Randels informed that the developer's choice of Man -of -War Avenue was not accepted as a street name and therefore Sailfish Avenue was chosen. Mayor Randels asked if the streets would comply with City standards. Mr. Nicholas concluded that at some later time the streets may be turned over to the City for maintenance. Mr. Boucher stated that the City holds the developer to the standards in City code Chapter 98. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve Resolution No. 2004-05, Officially Naming Sailfish Avenue, Elbow Key Court and Abaco Court in the Shores of Artesia Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Approve: Resolution No. 2004-06: To Officially Name a Street within the City of Cape Canaveral, Majestic Bay Avenue. Mayor Randels read Resolution No. 2004-06 by title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING MAJESTIC BAY AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 7 of 9 Mayor Randels clarified that the property is just south of the Wachovia Bank on North Atlantic Avenue and to the north of Carver's Cove. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Resolution No. 2004-06 Officially Naming Majestic Bay Avenue in the City of Cape Canaveral. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: City Manager • Mr. Boucher thanked Ms. Stills for filling in during his absence. • Mr. Boucher reported that Stottler, Stagg provided four available lots for Fire Department facilities. • Mr. Boucher announced that the City newsletter is in progress and solicited input from the Council. Mayor Randels suggested the Sewer Rate Abatement resolution. Mr. Hoog suggested highlighting a Board member. Mayor Randels also suggested a photo of Board members receiving an oath of office. Council also suggested that current Board members receive new City shirts. • Mr. Boucher again thanked staff for the City's holiday decorations. • Mr. Boucher reported that the Public Works Director's project update was available. 2. Staff Mr. Gardulski • Mr. Gardulski reported that the Ridgewood Avenue stormwater project should begin next week. • Mr. Gardulski also reported that the City sign lighting is in progress. City Clerk • Ms. Stills asked about the nominations for the Voting and Alternate Voting Delegate to the Space Coast League of Cities. Mayor Pro Tem Hoog was named as the Voting Delegate and Mayor Randels as the Alternate Voting Delegate. • Ms. Stills also asked about attendees at the monthly Space Coast League dinner. Mayor Randels and Mayor Pro Tem Hoog confirmed attendance. AUDIENCE TO BE HEARD: Mr. Trent Milliken addressed the Council regarding his response to the Summary Judgment. Mayor Pro Tem Hoog stated that Mr. Milliken's case was one of the first before the Code Enforcement Board and questioned why Mr. Milliken would have a problem signing the Summary Judgment if he no longer intended to produce honey or keep bees? Mr. Milliken replied that his property was intruded on after a report was made to City Hall. Mr. Milliken stated that he keeps the bees outside of the City limits. Mr. Hoog said that the hives however are being transported into the City limits. Mayor Randels clarified that one sentence in the City ordinance under BeeKeeping Prohibited, disallows beekeeping within City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 8 of 9 the City limits. Mayor Randels pointed out that Item 12 of the Summary Judgment provides for three days reasonable notice prior to City staff entering on Mr. Milliken's property if he should violate the Code at any future time. Mr. Morgan stated that Mr. Milliken could not engage in beekeeping as a home occupation in R-2 zoning. Mr. Hoog stated that the hives are located in North Merritt Island and transported into the City for honey extraction. Attorney Garganese replied to Mr. Morgan that the Code Enforcement Officer served Mr. Milliken a Notice of Violation for harvesting honey in a residential area and he will go before the Code Enforcement Board. Attorney Garganese stated that a reasonable settlement was presented and if Mr. Milliken signs and abides by the Settlement Agreement there is no harm. Mayor Randels summarized that the City Council intended to enforce the City code on beekeeping and the extraction issue would be addressed separately. Mayor Randels concluded that Council's intent was for Mr. Milliken to sign the Stipulated Order. Mr. Milliken went on record to say that he would not sign the Stipulated Order. Mr. Boucher stated that a Court date with the Judge would be set on the Summary Judgment and Mr. Milliken could address the Court at that time. 3. City Council Mr. Miller • No report. Mr. Morgan • No report. Mr. Treverton Mr. Treverton emphasized the City Manager's evaluation. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the status of the Portable On -Demand Storage ordinance. Attorney Garganese is working on the ordinance language. • Mayor Pro Tem Hoog gave a request to remove the offensive graffiti from the gazebo at the Washington Avenue Park. Public Works will address this issue. • Mayor Pro Tem Hoog inquired about the reuse line project. Mr. Boucher replied that engineering drawings were approved. • Mayor Pro Tem Hoog addressed annexation of the south area. Mr. Boucher will approach this issue with the County Commissioner. • Mayor Pro Tem Hoog asked if there were a standard set of questions that the Board attorney could ask when the applicant is interviewed at the Board level. The City Attorney will provide the questions. Mayor Randels • Mayor Randels displayed a newspaper photo of Mike Richart during a City cleanup. • Mayor Randels reiterated interest on the City Attorney performing oath of office for new City Board members. • Mayor Randels inquired about the current full time sworn deputies that are assigned to the Community Oriented Policing program. Mr. Boucher replied that quarterly reports provide the data. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 9 of 9 • Mayor Randels presented a recent sales article on a unit in Cherie Down Lane that sold for $174,000. • Mayor Randels announced that he received $5,000 from the Wachovia Bank for the Fair Housing Association. • Mayor Randels reported that the representative from the Carlisle Group was the focus of an article in Florida Trend magazine. Mayor Randels said that affordable housing construction and management is the Group's intent with dwellings that fit inconspicuously within the existing community. Mayor Randels expressed concern with mobile home parks that are phasing out and questioned if the City should take some action. Mr. Boucher stated that the proposed projects are within a low payment range. Mayor Randels concluded an affordable range might be too late due to the market value of existing property. • Mayor Randels shared a newspaper article from a resident of Palm Bay that commended Cape Canaveral on its beach access. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK C Meeting Type: Regular Meeting Date 01-20-04 AGENDA Heading Consent Item 2 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: NORTH ATLANTIC AVENUE EASEMENT AGREEMENTS DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of the following easement agreements as recommended by the public works director and the Planning and Zoning Board: Parcel No. 24-37-14-00-00251— Bjormar K. Hermansen, Trustee Parcel No. 24-37-14-27-00000.0-000A - Sunrise -Sunset Corporation Parcel No. 24-37-14-00-00258 — Maysen Properties, L.L.C. Summary Explanation & Background: The Planning and Zoning Board recommended approval of these (3) twenty -foot wide easement agreements needed for the N. Atlantic Avenue middle turn lane project. FPL is ready to bury the power lines and Towne Realty is responsible for the roadway improvements once the utility lines are relocated. I recommend approval. Exhibits Attached: Public works director's memo dated 01-15-04 City Mana ffice '"l Department PUBLIC WORKS 1—.-C7=�-- '"'.�a wvuia�.�..�N-1—�taay\aUUs\U1-6U—U'l\ed5emenrs. QOc MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: January 15, 2004 SUBJECT: City Council Agenda Item for January 20, 2004 Easement Agreements along the West -Side of Atlantic Avenue Parcel NO: 24-37-14-00-00251 Bjormar K. Hermansen, Trustee Parcel NO: 24-37-14-27-00000.0-000A Sunrise -Sunset Corpration Parcel NO: 24-37-14-00-00258 Maysen Properties, L. L. C. Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Attached are three contiguous agreements for a twenty -20 foot wide easement along the west -side of Atlantic Avenue. These easements are needed for the relocation of the sidewalk as the result of the addition of turn lane to be added to Atlantic Ave. More so, FPL will be relocating their power lines underground within this easement area. Attached is an engineering drawing of the road improvement of this project. The Planning and Zoning Board approved these Easement Agreements on January 14, 2004. After approval by City Council the above stated easements shall be recorded in public records. Recommend the approval the above stated three Easement Agreements. Attachment CC: File AL,�' U�N (321) 783-7443 jj nn FAX (321) 783-5902 ngineering, Inc. 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 Sketch of Doscr i pt ion �14 OF MM 114 M. R. SS9' OF MM I/tl Of RM i/a (CANAVERAL We MORITT) I OF 9060, I I CO STATE ROAD Y0. blEX SSS/106x) NORTN ATLANTIC N.E. )MISE'$ OOCR R0.) OVNTV CANAVE 4L •.+ I 1171/i7311 r I �( 60]/[112 tK 1 9w/960 l2E S.g1aL0EN2T ly IA.tlA.cl a2T/595 �Nw Va OEN ' EX.6O ]A012 V4 EX. I AR.0 W 427/595 9oeheo I an., ,e2nfi _ _I sed OF NE . —LA 3L N81eoT u E. of O}.p'ST,1, ed =4001+ 2: Es - JI r/f2.4 ]12/259 u. R I / s IAS/ISI 1: Sw Itl01,ei3/N9 / I _ � 1. Ifo N96ja 'a H�� 2 S BSI a ___-_ zC) f 102-ISa Y. S St k ;E 114 OF 4.4a+cJ %35-174.QG'_ W goo D,e a I S.2O aC 0.N25'zu ,f E%.ub/40 WEMN'3 SUED, -I E7. RO. R/W I: A ,A.I 'I VI E LACrC-S 1 20+ AT SER �aZT 9 � s.zw'oE EX. KII.3 ! R0 A/ W - I RDR/W a 165. Opl0`If 2aJ, 9 + u .f ` •.f (F. NJ4gOa ..'Er( L zal2 I )/211 64! ���Y� - 2-• tlil` , 273-254 ?. NO ,19511GS[L 395 -HS JV/N+a __ •. 8' _ _- -n.C= 51525 �� 1cS� -568-620 V • e5S _ 424-SE6 LOT I Al iY O! Lir _ C. 0E 60. - Nw e 01 — --- — — — — — — _ .. — —. — — — _ EY. W, eA$ ' )•f. �' :[-• �I59-Stl2) . I v� w ' OC ] W' ODDS D� f+ ,.n•cl ,z_ 2 STA Z ONc I S Wsxi6i oEN ao.o€'dr s.3z9ni Of _ MNJOd2}S.lza_DS �. I f,. _. EX..S .ei LYv:G wO' 0L0 STRD.ea . I _.. Lor t S< :7-1-2s �•- EX. w.9Ci�•- EASEMENT THIS INDENTURE made this day of&,C -_ 2003 by and between Biormar K. Hermansen, Trustee , of the County of Brevard, State of Florida, ("Grantor"), and the City of Cape Canaveral, a Florida municipality whose Post Office address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida, ("Grantee"): WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida more particularly described on Exhibit "A" attached hereto (Servient Estate). The easement shall be described as that portion of the Servient Estate, 20 feet in width running the length of the Servient Estate along the west right-of-way line of Atlantic Avenue, a Brevard County road. Parcel ID: 24-37-14-00-00251.0-0000.00 . The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to construct, install, maintain, repair and replace sidewalk, landscaping, trees, irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, (FPL Facilities), gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers, employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to Atlantic Ave and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHERFJ3F, the Grantors have hereunto set their hands and seals on the day and year first above written. v of: STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY, personally appeared before me, the unde well known to be the person(s) described in and who exe executed the same freely and voluntarily and for the purpose IN WITNESS = REOF, I have hereunto set my hand �t:� 2003. NOT#RY PUBLIC, State of My Commission Expires: ' me they State and County aforesaid this day of ,gyp RY P& OFFICIAL x OSEAL O W FRANCIA CARVAJAI COMMISSION NUMBERO DD052345 F N� MY COMMISSION EXPIRES _O"�FGO __ SEPT 10:>nns EXHIBIT "A" Easement over Parcel 251: The East 20.00 feet of that property known as Tax Assessor's Parcel Number 24-37- 14-00-00251-00000, as described in instrument recorded in Official Records Book 3539, Page 1000, lying contiguous to and parallel with the Westerly right of way line of that road right of way known as North Atlantic Avenue, North Atlantic Boulevard, County Road 401, Jetty Road or Old State Road 401. Oct- 14-03 10:06A City of Cape Canavova l EASEM VN -1 321 868-1248 P.01 THIS iNDENTURE made this day of IAC" i t0 ,2043 by and between unrise-Sgnset Coroorafion ,of the Courky of Brovard, State of Fonda, Grantor, and tho City of Cape Canaveral, a Florida municipality whose Post Office address is 105 Pc* Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida, Grantee: WEENESSETH That for and in consideration of the sum of Or* Dollar (S 00) and other good and valuable considerbtions, receipt of which is hereby acknowledged, tha Grantor hereby grants, sells and conveys unto the 0(antee, its successors and assigns, an easement along, under, over and across cortakh real property located in Brevard County. Florida more particularly described on Exhibit "A' attached hereto (Seeviont Estate). The easement shat, be described as that portion of the Servient Estate, 20 feet in width running the I"I h of the Servient Estate along the west right -f -way line of Atlantic Avenue, a Brevard County road. Parcel IQ; 24-37-14- 274=00 040A The purpose of the Easernent granted herein Is more specixcatly sat forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to Construct install, maintain, repair and replace sidewalk, landscaping, trees, irrigation and fighting within the described Easement. 2. The pe(potuai right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, rWlaco and remove utility systems Including potable water, sewer, reclaimed water, storm water drainage, finds or pipes, and other utilities such as electric, (FPL Facilites) gas and communication lines, and the dghi to transmit hind convey utilities through and under said property, together with the right to excavate and refil ditches and trenches for the placement of such lines or pipes within the dewAbod Easement 3. The purpose of this Easement is to provide for installation by Grantee and its public ubity designees and franchisees of public improvements as set forth In paragraphs I and 2 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be eVtossly provided herein such as the right to have imgre$S and egress to and from Grantors lands over the easement area. 4. Grantee anWor public utility designees and franchisees in constructing, maint2inting, repairing, ropladng or otherwise using the easement area shall not at any time totally black ingress into or egress from Grantor's remaining lands or unreasonably iniodare with the ability of Grantor or its heirs, administrator, successors and assigns to operate and conduct its commercial bosimss on said IanCS during normal business hours. 5. This easement shall be non-exciusive and %bleet to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for pe"Wtted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grarior placing advertising signs and other Items within the easement area and allowing Granlor and Its Customers, employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress arid egress to the FDOT State Road AIA and the lands of Grartor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successes and assigns, togother with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, pitches and caner Incidents which said Grantee may deers necessary or convmerit in wriection therewith. It is expressly understood and agreed that the tomo, covenants .and conditions of this Easement shall be and constitute covenants running with and binding upon the promises herein above described and shall constitute an oblit}2tion of said premises regardless of title of ownership thereof tend regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set thei,Lhands and seals on the day and year first above written. i1 Signed in the presence of: ( ranter STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY, personally appeared before me, the undersigned authority, 11 h ,to me well known to be the person(:) described in and who executed the foregoing easement, and thVy acknowlehdged before me that they executed the same freely and voluntarily and for this purpose exprassed. IN WITNESS WHEREOF, i have hereunto sat my hand and official seal In the Slate and County aforesaid this &!" 4ay of 200.1 NOTARY PUBLIC, State of Florida at Large SUM ST11119 My Conanission Expires' MY COMMISSION t tQ 412::4 Ezrin_S:twv027,2W5 r a.. W T!w Mwry Iu*Aftmwrm"...� Oct -14-03 10:06A City c3F Cape Canaveral 321 868-1248 P.03 EXHIBIT "A^ Easement offer a Portion of Lot A, q -M. Weston's Sutadiviion: The East 20.00 feet of that property known as Tax Assessor's Parcel Number 24-37- 14-27-00000-Q000A, as described in instrument recorded in Official Records Book 4283, Page 1421, lying contiguous to and parallel with the Westerly right of way line of that road right of way known as North Atlantic Avenue, North Atlantic Boulevard, County Road 401, Jetty Road or Old State Road 401. 2�1 s�� SIM ■ �1 ■ r I f ■u I ■n n■u lli �i 1111111211 -V uwII■Mn EASEMENT THIS INDENTURE made this day of 7 2003 by and between Maysen Properties. L.L.0 ,of the County of Brevard, State of Florida, Grantor, and the City of pe Canaveral, a Florida municipality whose Post Office address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida, Grantee: WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida more particularly described on Exhibit "A" attached hereto (Servient Estate). The easement shall be described as that portion of the Servient Estate, 20 feet in width running the length of the Servient Estate along the west right-of-way line of Atlantic Avenue, a Brevard County road. Parcel ID: 24-37-14- 00-00258-00000 The purpose of the Easement granted herein is more specifically set forth as follows: I. The perpetual right of the of the Grantee or its designee or franchisee to construct, install, maintain, repair and replace sidewalk, landscaping, trees, irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, (FPL Facilities) gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs I and 2 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers, employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. wig d in the presence of: c �- STATE OF FL IDA COUNTY OF BREVARD Grantor ON THIS DAY, personally appeared before me, the undersigned authority, Z IA O A InM-1 to me well known to be the person(s) described in and who executed the foregoing easement, and they ac knowled ed before me that they executed the same freely and voluntarily and for the purpose expressed. 40 IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the State and County aforesaid this 40 _day of 2003. NOTARY PUBLIC, State of Florida at Lae MyCommissi Expires: ® 191- o�PRy POOH FRr1NOACARVNA4 2 £ * COMMISSION NUMBER � Q t)D05234a` MY comMISSION EXPIRES OF FSO SEPT 10.2005 EXHIBIT "A" Easement over Parcel 258: The East 20.00 feet of that property known as Tax Assessor's Parcel Number 24-37-14- 00-00258-00000, as described in instrument recorded in Official Records Book 4716, Page 2889, lying contiguous to and parallel with the Westerly right of way line of that road right of way known as North Atlantic Avenue, North Atlantic Boulevard, County Road 401, Jetty Road or Old State Road 401. ick Action: I Parcel Info Distance 10 Demme Zoom Bar I Aenal View Range Lam l Increase Page 1 of 1 View 6 Map r Aerial ,_ I I i -Locate Parcel IT -7 1 -Zoom to Brevard County -Printable Version Map 71 'Pcev -Check below then Update - r Parcels r ZonCnty F ZonCity r GolfCow r Schools r Libraries P_ RoadNames r Sections F Water Help Legend http://www.brevardpropertyappraiser. com/templgraFrame2003 l 02813 55060652.htrnl 10/28/2003 Meeting Type: Regular Meeting Date 01-20-04 AGENDA Heading Consent Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: EASEMENT AGREEMENT WITH TECH VEST, INC. DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of the easement agreement with Tech Vest, Inc. as recommended by the public works director and the Planning & Zoning Board — Parcel No. 22 -37 -23 -JI -00001.1. Summary Explanation & Background: This is a 15' easement needed by the Solana on the River project to connect to the City sewer line. The easement is across the Tech Vest, Inc. property. I recommend approval. Exhibits Attached: Public works director's memo dated 01-15-04 City Manager's�Office Department PUBLIC WORKS cape- mydo uments n\council\meeting\2004 cul-20-04\zecnvest.aoc MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: January 15, 2004 SUBJECT: City Council Agenda Item for January 20, 2004 Easement Agreement for Utilities requested by Solana on the River Parcel NO: 22 -37 -23 -M -0000I.1 Tech -Vest Inc. Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Attached agreement is for a twenty -15 foot wide utility easement to connect to'the City's sewer main for the development of Solana on the River Development. This Agreement is necessary for the development as the result of an underground utility structure conflict within Center Street. Therefore, an easement across Tech Vest Inc property was required to resolve this problem. Attached is an Agreement and engineering drawing. The Planning and Zoning Board approved these Easement Agreements on January 14, 2004. After approval by City Council the above stated easement shall be recorded in public records. Recommend the approval the above stated Easement Agreement. Attachment CC: File EASEMENT THIS INDENTURE made this !°`t'".day of �Ayg�Lst, 2003 by and between Tech -Vest Inc , of the County of Brevard, State of Florida, Grantor, and the City of Cape Canaveral, a Florida municipality whose Post Office address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida, Grantee: WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida more particularly described on Exhibit "A" attached hereto (Servient Estate). The easement shall be described as that portion of the Servient Estate, 15 feet in width. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right ofthe Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 2. The purpose -of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraph hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 3. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to operate and conduct its commercial business on said lands during normal business hours. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Grant � A STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY, personally appeared before me, the undersigned authority, t r-, L'. Y:�� to me well known to be the person(s) described in and who executed the foregoing easement, and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. � IN WITNESS WHEREOF, I have hereunto set my hand d official seal in a State and County aforesaid this 1 ` l r' � day of 2003. NOTARY LIC, State of Florida at Large . Keit g PMM My Commission Expires: * *W .,, t.*mMair1%2M4 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURREY 15' WIDE SANITARY SEWER EASEMENT SII I SOLANA ON I 'it-- °--t--EXISrM sAMraY -w-wric ensrror THE RIVER ' O.R.& 852, PACE 1044 h I POINT OF I POINT OF BEGINNING S88'49'1 I T TERMINATION I j 35.00' I av KST Lauf OF AN E7i05W ^� n ' o�wARYRa B52 PACE 1EAS T I O.R.B. 3194, - I I I PAGES 955 & 957044 YACHTED eo Foor OF WAY I ►�-P QR.B. 65,'P 0998 - I S E. CORNER OF LANDS DEWRIH£D IN D.R & 3194, PACES 955 d: 957 ABBREVIATION: 0 5 10 20 GRAPHIC SCALE NW51211Y. 40.00' MATCH LINE 1 1 rill n O.R.B. OFFICIAL RECORDS BOOK MATCH LINE wl H EXHIBIT "A" SHEET 1 OF 2 VLEN ngineering, Inc. su""ORS - ENCINSBR4 106 DDH IAMB COCOA BEACII, FLORIDA 32991 TELEPBON& (321)789-7443 - FAX: (321)169-5902 TEME: "wAllenenC net -EMAIL: into@aDenent.net tl � w of 2 of 2I POINT OF COMMENCEMENT S.C. CORNER OF SECTION 22-24-37 22 123 27 J26 SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION & NOTES REVISE DESCRIPTION & SKETCH 10-09-03 I PREPARED AND CER71FIED FOR: DATE. 8-05-03 DRAWN BY- DJG SOLANA ON THE RIVER, LLC JOB NO. 020069 SCALE. l'--20' 020069-Sewer.dwg 10-09-03 02:16:15 PM dgiovonnini 1- 2 q W O oa 0 1 2 Q; wo I S E. CORNER OF LANDS DEWRIH£D IN D.R & 3194, PACES 955 d: 957 ABBREVIATION: 0 5 10 20 GRAPHIC SCALE NW51211Y. 40.00' MATCH LINE 1 1 rill n O.R.B. OFFICIAL RECORDS BOOK MATCH LINE wl H EXHIBIT "A" SHEET 1 OF 2 VLEN ngineering, Inc. su""ORS - ENCINSBR4 106 DDH IAMB COCOA BEACII, FLORIDA 32991 TELEPBON& (321)789-7443 - FAX: (321)169-5902 TEME: "wAllenenC net -EMAIL: into@aDenent.net tl � w of 2 of 2I POINT OF COMMENCEMENT S.C. CORNER OF SECTION 22-24-37 22 123 27 J26 SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION & NOTES REVISE DESCRIPTION & SKETCH 10-09-03 I PREPARED AND CER71FIED FOR: DATE. 8-05-03 DRAWN BY- DJG SOLANA ON THE RIVER, LLC JOB NO. 020069 SCALE. l'--20' 020069-Sewer.dwg 10-09-03 02:16:15 PM dgiovonnini DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION OF EASEMENT: A 15.00 foot wide easement for the installation and maintenance of sanitary sewer lines, lying in Sections 22 and 23, Township 24 South, Range 37 East, Brevord County, Florida, lying 7.50 feet on each side of the following described centerline; Commence at the Southeast corner of said Section 22, thence N01'06 48 E, along the East line of said Section 22, a distance of 1,227.32 feet thence N88'51'21 "W, a distance of 40.00 feet, to the Southeast comer of lands described in Official Records Book 3194, Pages 955 and 957 of the Public Records of Brevord County, Florida; thence N01'06'481E, along the East line of said lands, a distance of 369.33 feet, to the PD/NT OF BEGINNING'of the herein described centerline; thence S88'49'11 "E, a distance of 35.00 feet, to the West line of an existing sanitary sewer easement as described in Official Records Book 852, Page 1044 of said Public Records, and the POINT OF TERM/NATION of the herein described centerline. SURVEYOR`S NOTES: 1. THIS IS NOTA SURVEY. 2. The bearings shown hereon are based on a bearing of N01106 48 E, along the East line of Section 22. 3. • = Denotes change in direction (no corner found or set). SEE SHEET I FOR SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: I hereby certify that attached Property Description was prepared EXHIBIT W under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 "Minimum Technical Standards," for /and surveying in Stat f Florida, described in Chapter 61G17-6, Florida Admin' fi Code, pursuant to Chapter 472.027, Florida Statutes. vLEN ngineering, Inc. SUMORS - aGumm 106 D= LANE COCOA BUM FWKU 32931 TE MONS: (321)783-7443 - FAM (321)183-5902 WEBSM- vvwAUeneugzd - EKM- inloMeneng.net 1 1. 1 REVISE DESCRIPTION & SKETCH 10-09-03 1 JOB NO. 020069 020069_Sewer.dwg 10-10-03 08:48:04 AM dgiovonnini BY.- ----- Not valid without signature BER N and origin/ raised seal of a VORI'I&.:A4 OFES5l0 S R do Florida licensed surveyor and mapper. ER REGI ON No. 4262 SOLANA ON THE RiVER, LLC Ci �d Ff - Y [EA -QJ [Property Research] [Map Searchl [Maps & Data] [Unusable Property] [Tax Authorities) [What's New] Links General Parcel Information for 24 -37 -23 -JI -00001.1-0000.00 Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Value Summary for 2003 Legal Description UNIVERSITY AS PER SURVEY BOOK 1 PGS 106 & 108 E 1/2 OF VACATED 80 FT STREETLYING W OF PAR I Land Information 0.16 Sit�.oce�; AO Land-'����$10,2200-2 ** This is the value established for ad valorem purposes in accordance with s.193.01 l(l) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information 3/1995�(� $100 QC , F- 12/19931 -- E V12/ $1001jm7F � V *** Sales Screening Codes and Sources are from analysis by the property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information http://www.brevardpropertyappraiser.conVasp/Show parcel.asn?acrt_9.44'1O ARrcron—TR, »IIQPli`r,l http://www.brevardpropertyappraiser.com/temp/graFrame2003l2l8l6l l26R594 htm) 11)i1 Qi,)Mll RBID17Y SCREEN/ EE DETAIL) ANG GRADE MUST BE 7A1ED w17H SOD TO SENT EROSION 6'';'4�� OVERALL SITE PLAN SCALE. 11-100, Meeting Type: Regular Meeting Date 01-20-04 AGENDA Healing Considerations Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD BID NO. 03-06, MANATEE SANCTUARY PARK RESTROOM/PAVILION PROJECT DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider the award of Bid No. 03-06, Manatee Sanctuary Park Restroom/Pavilion Project, to the low bidder, LA Construction Services, in the amount of $267,000 as recommended by the recreation director. Summary Explanation & Background: This project is partially fiuided with a State recreation grant in the amount of $119,750 and City funds are available to fund this project as outlined in the attached memo from the recreation director. I support the recreation director's recommendation. Exhibits Attached: Recreation director's memo dated 0l -14-04 City Mane Offi,. -� I Department PARKS & RECREATION eting\2004\01-20-04\03-06.doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net MEMO TO: Mayor, Councilmembers, City Manager FROM: Nancy Hanson, Director, Parks & Recreation Department, DATE: January 14, 2004 RE: Manatee Sancturary Park, Restrooms/Pavilion Bid Contract Bids were opened on January 7, 2004 for the restrooms/pavilion at Manatee Sanctuary Park, which includes the site work and utilities. Low bid was submitted by LA Construction Services, Merritt Island, in the amount of $267,000.00. I have personally spoken with representatives from four randomly selected agencies (Canaveral Port Authority, City of Melbourne, Patrick Air Force Base and Brevard County) to check job references. All spoke highly of the contractor, Louie Lovett, his competency and professionalism as well as his ability to complete the job on time and on budget. All stated that they would be pleased to work with Mr. Lovett again. Building Official Todd Morley checked his contractors license and it is current. Also, there are no complaints of record. John Pekar and I met with Mr. Lovett on Monday, January 12`s and all questions and concerns we had were addressed to our satisfaction. Funding needed for the project is $279,906. This includes: Base Bid (with split face block) $267,000.00 Encumbered funds 1,678.00 2 % contingency 5,548.00 Total $279,906.00 Available Funds: `03-'04 budget (restrooms/pavilion) $119,750.00 `03-'04 budget (infrastructure) 25,000.00 Benko donation 30,000.00 Recreation Impact Fees 105.156.00 Total $279,906.00 I am requesting that Council transfer fees from the Benko donation and from the Recreation Impact fees and fund this project and award the contract to LA Construction Services. Mr. Lovett, representing LA Construction and I will be present at the Council meeting to answer any questions you might have. Bond No. BID BOND The American Institute of Architects. AIA Document No. A310 (February, 1970 Edition) KNOW ALL INIEN BY THESE PRESENTS, that we L.A. Construction Services, Inc. 4115 North Courtenay Parkway Merritt Island, FL 32953 As Principal, hereinafter called Principal, and The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the State of Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto City of Cape Canaveral, City Clerk 105 Polk Avenue, Cape Canaveral, FL 32920 As Obligee, hereinafter called Obligee, in the sum of 57 of amount bid Dollars $ 5% of amt. bid For the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Cape Canaveral, Manatee Sanctuary Park Restroom (Pavilion) NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not exceed the penalty hereof between the amount specified in such bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th day of January , 2004 G: (Wrmess L .A. Construction Services. Inc. (Principal) Annmarie Lovett, President- (Title) The Ohio Casualty Insurance Company a (Witness) 4Merreth r i s h (Attorney -in -Fact) Revised to February, 1970 SB 5714b Printed in U.S.A. 5-4148 (3/99) CERTIFIED COPY OF POI VER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY 'WEST AMERICAN INSURANCE COMPANY No. 34-954 Knox All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and REST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, do hereby nominate, constitute and appoint: F. D. Winder-weedle or Merrvbeth Parrish of Merritt Island, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION (56,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s}in-fact. In WITNESS R`HEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company [tris l Ith day of May, 2000. •. f• =4e: :fir of SEAL SEAL Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 11th day of May, 2000 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that be is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. �PtiN111ry, re3/Y1hY� Notary Public in and for County of Butler, State of Ohio My Commission expires September 25, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VK, Section I of West American Insurance Company, extracts from which read:- Article ead:Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, El•C. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fad for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, aclmowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970 -The Ohio Casualty Insurance Company-, adopted April 24,1980 -West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be Affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By -Laws of the Companies and the above Resolution of their Boards of Directors are true and correctw ies and are in full force and effect on this d t IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 7th day of January Ib 04 T W34 µ1N3y SEAL " SEAL S4300 Assistant Secretary Ll SECTION 00300 BID NO. 03-06 For City of Cape Canaveral Manatee Sanctuary Park Restrooms/Pavilion Cape Canaveral, Florida Submitted in Triplicate: , 200 A' City Clerk, City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bid and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and has fully satisfied himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. This determination was made based on his personal knowledge and experience and/or having made sufficient test holes and other subsurface investigations. The bidder states that he has examined the Drawings and Specifications for the work and based on his own experience or professional advice, he has determined that the Drawings and Specifications are sufficient for the work to be done and that he has examined the other Contract Documents and all addenda relating thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Bid Bond, Noncollusion Affidavit of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds, Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications, Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Cape Canaveral in a form acceptable to the City's attorney, to furnish all necessary materials, equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Bid and the Contract, and called for by the Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the OWNER for additional costs to the OWNER resulting from the work not being completed within the time limit stated in the Contract Form. 4 15 IN The Bidder further agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds, each in the amount of one -hundred percent (100%) of the Contract price, within ten (10) consecutive calendar days after written notice being given by the OWNER of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the OWNER as liquidation of damages sustained by the OWNER; otherwise, the Bid Security accompanying the Bid shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump sum prices named in the following schedule. Absent a Change Order, there shall be no increase in the lump sum payment. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor in the event of a Change Order, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the technical specifications. Name of Bidder L.A. Construction Services, Inc. Bidders Occupational License No. nngq-lnns2 Signature of Authorized Officer Title vice President Business Address 4115 N. Courtenay Pkwy. City Merritt Island State Fl. Zip 32953 0 Name and Address of Surety or Sureties who will sign Bonds: 0 Performance Bond The Ohio Casualty Insurance Company 4 4 4 Payment Bond 4 ThP Ohin C'acna1ty TnGnrance Company 4 4 16 Maintenance Bond SAME BID SCHEDULE BASE BID: Restrooms/Pavilion construction as shown, in entirety, on Contract Drawings Total Lump Sum Price $ ,� �, : 000' 00 In Words nn // ALTERNATE BID #1: Restrooms/Pavilion construction as shown, in entirety, on Contract Drawings, using split face block in place of marblecrete and paint on the exterior. Total Lump Sum Price $ In Words % wv Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. 1 Dated: 12 / 3 0 / 03Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: 4 y 4 4 END OF SECTION 00300 4 17 L7j ■ ■ 4 4 4 4 4 SECTION 00480 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida County of Brevard Annmarie D. Lovett says that: ) ss. being duly sworn, deposes and (1)SHe is DYo�;aontof LSA. 0e s r:Li81�e Bidder that has submitted the attached bid: Services, Inc. (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any person interested in the Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. Sworn to and subscribed before me this 2004 Personally Known ✓' OR Produced Identification END OF SECTION 7 day of January NOTART Ommie lean Ellis Notary Pub"y04i St t of Florida of Printed Name: - ��aj L.A. CONSTRUCTION SERVICES, INC. 4115 North Courtenay KNNy. Merritt Island, Fl. 32953 3214-52-0716 FAAY321 452-0734 January 7, 2004 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 RE: Manatee Sanctuary Park Restroom Pavilion List of Subcontractors B.W.K Electric, Inc. Cocoa, Fl. 321 6396201 Electrical Brewer Paving & Development Merritt Island, Fl. 321 4590900 Sitework Sun Plumbing & Mech Edgewater, Fl. 386 423 0273 Plumbing Architectural Sheet Metal, Inc. Orlando, Fl. 407 855 7183 Roofing L.A. CoNSEraciivN Services, JHc. 4115 N. Courtenay Pkwy. - Merritt Island, FL 32953 - Phone (321)452-0716 - Fax (321)452-0734 PROJECTS COMPLETED BY L.A. CONSTRUCTION SERVICES, INC. COMPLETED GOVERNMENT PROJECTS: City of Melbourne Landscaping of Medians 54,280.00 Brevard County Bd. Of Cnty Comm Manatee Hammock (Project 998-0470) 109,825.00 Brevard County BD of Cnty Comm WLC Landscape Improvement 26,592.00 Brevard County BD of Cnty Comm Westshore Jr./Sr. High Sitework 88,772.00 Brevard County BD of Cnty Comm Cone Road Vehicle Storage Facility 53,200.00 PAFB Playground Equipment, North Housing 75,000.00 PAFB 30 -Ton Liebert Chilled Water Unit 25,000.00 City of New Smyrna Beach/Renovate Senior Community Center 1,218,127.55 PAFB Carpet Replacement & Installation (FO8650-99-D-0030) 150,000.00 PAFB Repair Upper & Lower Range Markers, Incl. Towers 6,800.00 SGS Install Power, Lightning & Ventilation Bldg. K6-2096 CCAFS 115,581.00 City of Satellite Beach/Sports & Recreation Complex Phase I1 256,500.00 PAFB RSA -Construct Addition Bldg. 969 313,900.00 Housing Authority of Brevard County/Baxley Manor Complex 210,467.19 SGS Renovations to 4`h Floor Headquarters, Bldg. M6-399 KSC 214,458.00 SGS Mods. To Room 1289B, M7-360 KSC 98,737.00 SGS Modify/Renovate Warehouses M6 -794&M6-698 KSC X00578 493,000.00 City of Cocoa/Joe Lee Smith Community Park 53,200.00 Boeing /Design, Install Potable Water Meter 33,884.00 USA Replace Metal Siding ARF KSC, Fl. 94,475.00 SGS Replacement of Roof M7-505 KSC, Fl. X01507 575,000.00 SGS Upgrade Existing East&West Overhead Doors of Bldg. M7-1355 KSC, Fl. 65,523.00 PAFB Replace Various Windows Hangar Y CCAFS 139,300.00 SGS Mods to Microbiology Lab M7-355 KSC X00598 233,798.00 SGS Upgrade Lobby Hallways, Restrooms KSC, Fl X01581 154,744.81 SGS Repair Concrete Slab SRB Slip CCAFS, Fl. 26,222.00 SGS Install Electric Motors CCAFS, Fl. 11,111.00 Brevard County/Fire Rescue Fleet Canopy Q-3-01-50 33,700.00 PAFB Replace Fire Suppression System F08650 01 C 0049 610,497.00 County of Volusia/Riviera Oaks Stormwater Park Phase 11 351,494.40 SGS Split IACP Cooling Tower M7 -407A KSC X01530 89,999.10 SGS Correct Deluge System Deficiencies Bldg. 77800 CCAFS X04585 32,777.00 SGS Replace Roof & Add New Ladder CCAFS X02510 149,020.70 45`h Contracting Sq. Repair HWPCB Storage Facility CCAFS F08650 01 C 0085 99,500.00 Brevard Cnty Bd Cnty Comm Grissom Road Sidewalk Q-3-02-35 28,648.00 SGS Install Kitchen Hood Fire Suppression System at Navy Club CCAFS X02524 12,777.00 SGS Task I & Task III CCAFS X00557/4 40,054.00 SGS Multi -Functional Facility CCAFS, Fl. X01580 754,646.84 Community Services Council 827,100.00 City of Melbourne Beach Anchor &Pelican Key Drainage Improvements 112,430.00 City of Melbourne Chlorine Scrubber at Front Street 84,700.00 City of Melbourne Garfield Street Detention Ponds 106,778.00 St. Lucie County International Airport Perimeter Fencing Citi• of Fellsmere Senior League Phase II Park Project Canaveral Port Authority Modifications to HVAC at Cruise Terminal # 10 Canaveral Port Authority Grouper Road Security Gate WORK IN PROGRESS: PAFB Construct 2200 SF Addition to Bldg. 9624 PAFB, Fl. SGS Restroom Renovation, Facility 60680 CCAFS SGS Repair Command Control Fac. 81550, 81551, 81565 CCAFS PAFB Repair Bldg. 632 PAFB, fl. City of Cocoa Addition to Public Works Office BldWTleet Maint Shop REFERENCES: Don Ackerman 321 867-7842 FAX# 321 867-3882 Work related to Space Gateway Support ( SGS) Bob Moran PAFB, Fl. 321494-6136 FAX# 321494-6193 Peggy Norman 321494-9951 Work related to PAFB/45 CONS/LGCAA (PAFB) Gary Newton/Adelia Ford 321 853-0874 Work related to CCAFS/45 CONS/LGCAC (PAFB) Oliver Rye 321 861-6221 Work related to USA Joe B. Alford 321452-5331 FAX# 321-452-3181 Housing Authority of Brevard County Jaime Iriarry/Joan Van Sickle 321633-2098 Work related to Brevard County Bd of County Commissioners Gary McClintock 321 617-7202 FAX# 321633-2083 Work related to Brevard County Bd' of County Comm John Rice, P.E./Outlaw, Rice & Sweeny, Inc. 321-254-9721 FAX# 321-242-7854 Work related to City of Satellite Bch Kalid N. Resheidat/City of New Smyrna Bch 904-424-2140 William Hoskinson/Community Services Council 321-639-8770 Rory Dittmer/City of Melbourne 321 953-6344 Tom Foxhoven/Canaveral Port Authority 321-783-7831 166,666.00 177,000.00 253,000.00 93, 716.00 329,000.00 224,400.00 545,500.00 323,333.00 192,700.00 CHESTER L. LOVETT MERRITT ISLAND, FL. 32953 WORK EXPERIENCE Aug. 1998- Co-Owner/Vice-President, L.A. Construction Services, Inc. Merritt Island, Fl. Present Small emerging women -owned business doing commercial and governmental general construction. 1978- Vice -President, Southern Comfort Builders, Inc. Merritt Island, Fl. Aug. 1998 Project Manager, estimator, and supervisor for residential, commercial, and government general construction projects ranging from $25,000-$5,000,000. Responsible for scheduling, budgeting, and analysis of overhead, and profit and loss. Supervise as many as 25 employees and multiple subcontractors. CERTIFIED BUILDING CONTRACTOR LICENSE # CB C030126 CERTIFIED ROOFING CONTRACTOR LICENSE # RC 0043301 EDUCATION 1976 Graduate of Brevard Community College, Cocoa, Fl. Associate of Arts Degree in Business Administration 1977-78 University of Central Florida, Orlando, Fl. Continuing Education Hours Per Year AFFILIATIONS 1990-95 Merritt Island Girls Lassie League — Coach Member of Our Saviours Catholic Church ANNMARIE M. LOVETT MERRITT ISLAND. FL 32953 WORK EXPERIENCE Aug 1998- OWNER/ PRESIDENT, L.A. Construction Services, Inc. Merritt Present Island, Fl. Small emerging %women -owned business doing commercial and governmental general construction. SEPT 1986- CONTROLLER, Southern Comfort Builders, Merritt Island, Fl. AUG 1998 Responsible for government contract administration, financial statement preparation, cost analysis, budgeting, and short and long range planning for commercial and governmental general construction projects. Experienced PC software user. FEB. 1984- ACCOUNTING CLERK IV, Wuesthoff Hospital, Rockledge, Fl. AUG. 1986 Responsible for financial statement preparation for fifteen affiliate medical centers. Prepared depreciation schedules, physicians compensation schedules, and tax reports. JULY 1981- BOOKKEEPER/COMPUTER OPERATOR, Nisbet Chevron Oil, FEB. 1984 Cocoa, Fl. Maintained inventory control, accounts receivables, monthly computer reports, over- the -counter sales. EDUCATION 1994- GRADUATE OF LEADERSHIP BREVARD PROGRAM 1995 May 1993 BACHELOR OF SCIENCE DEGREE IN BUSINESS ADMINISTRATION Rollins College, Rockledge, Fl. Honor student with a 3.70 GPA on a 4.0 scale Course Highlights: Government Contracts Management Investments Leadership Theory and Effective Management Super-6sion Business Ethics — Social Psychology JAN 1990 GRADUATE OF AMERICAN ASSOCIATION OF COST ENGINEERS PERSONAL Honest, dependable, self -motivated. Enjoy learning and new challenges. Energetic and ability to work in fast paced environment. REFERENCES Will be furnished upon request. AP#06609 0 2 STATE OF FLORIDA DEPARTIdgNT OF BUSINESS AND PROFESSIONAL RECiULATYON CONSTRUCTION INDUSTRY LICENSING BOARD REGU $EQ#LOZ10; The BUILDINGt CONTRACTOR "`-- Named belo>r--ZS CBRTIFI$D Under the provisions of Chapter`48.9. F$ Expiration date: AUG 31, 2004 LOVETT, CHssTBR.`7, L A CONSTRUCTION SERVICES INC 4115 N COURTENAY PK➢ITY MERRITT ISLAND FL 32953 JEB BUSK. QOVBRNOR DISPLAY AS REQUIRED BY LAW KIM BINKLEY-SEY] SECRETARY 2003-2004 BREVARD COUNTY ROD NORTHC UTT. reX cnllaaw, ew n,a coaMy. OCCUPATIONAL00c93045 LICENS00c93045%.ushae.Flxiysazieo SULiISEMMECT To y�UNTy7DhTGRESTqICiIONs accawrtiuueae EXPIRES SEPTEMBER 30, 2004 LICENSE PERIOD OCTOSERI,2001 • SEPTEMBTs1I70, 9D01 L[OEIiiE1NOLWBE0ISPWYF�ONPREMTEls RwwCEwrtiiawDNOi{6�CROnI�EAi utH5iITAE dRE fjD1+a'CUxSiYN�Pite eu6rFs I�, DESCRWMN G THE VERSON(5j, OR ENTITY BELOW: AWUNT :P:050 L'f;ILDING CONTR.-•CEPTIFIED L I S - i I=SSG ROOF IN � Al.•, • C••.I !"hUC T Z?�i;i • 3 C �ivTFtraGTCtR SE•:RUIC-s ltgC 5":501 HAZ. WASTE SEN. SURCHARGE 4 2-003 . 004 S 15. [; i •{ !-; i•� Ct7i.ii:!'Elvr�aY PK_i'W � ;":7t •- LIC:EiV.�i` ��M7. •�5„ �r. MERRi-i"T :Lr�NIt FL - _.•. i% IS UCENSEDAS INDICATED FOR THE FOLLOWINCa LOCATION: �i i?S �.:•OiJ�; EEirr;'r �i::iriY i`� i)NI.NI i iRP N i'IERt< PO 652.66 AMOUNT DUE ON THIS TRANSACTION: S OWNED BYr .. C:CINS RL C 1- "tit'VI C:t T RCT. NUM i DATE RA T Cti AMT. UPONACHANGE DFO�WWRSHIPORLOCATION, 406tt LICENSE SHOULD BE 7 �' .. 2 RNVSFERRED NRTHIN 10 DAYS. ACITIFYTAlCOOLLECiC)R UPON CL0.SIN0OF BUSINESS. Meeting Type: Regular Meeting Date 01-20-04 AGENDA Heading Considerations Item 5 No. City Manager's memo; councilmembers' evaluations AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: ANNUAL CITY MANAGER EVALUATION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council conduct an evaluation of the city manager's performance. Summary Explanation & Background: The last evaluation was conducted on 12-03-02. City Council requested this item at their 01-06-04 meeting. Attached are evaluations submitted as of 01-15-04. Exhibits Attached: City Manager's memo; councilmembers' evaluations City Manazer's)Office Department LEGISLATIVE ca im\my oc n in\council\meeting\2004\01-20-04\evaluation doc lug To: Mayor and City Council Members From: Bennett Boucher, City Manage CC: Susan Stills, City Clerk Date: 12/19/2003 Re: Annual City Manager Evaluation The attached City Manager Evaluation form is taken from the International City Managers Association. There are nine (9) evaluation categories for you to score on a scale of 1 to 5 with one being poor and five being excellent. There is also space available for comments. To assist you in the process, I'm submitting a brief note on each of the nine evaluation categories. Organizational Management Works with staff to review, update, and budget for the implementation of the Goal and Action plan approved by City Council each year. We have made progress each year and it's an example of the teamwork we have. We also have staff meetings after every City Council meeting. Department Heads have the opportunity to share information on what they are working on, raise issues or concerns they may have about city operations and to make recommendations to the City Manager. It is also an opportunity for Department Heads to network and to work on issues together. As recent examples, the revised Travel Policy and Wage and Salary Plan update. Fiscal Management We have always worked to live within our monetary means. It all starts with the annual visioning meetings with staff and City Council. Department Heads formulate their budgets with guidance from the City Manger to be consistent with the Goal and Action plan. I mentored the New Building Official on budgeting this past year. City council and department heads receive monthly budget reports and formal quarterly reports are provided to city council. I constantly review the revenue and expenditure data with the City Treasurer to ensure we are within budget, and to recommend changes if needed. I require Department Heads to review their budgets and encourage them to recommend budget transfers if needed to cover any unforeseen expenditures. Worked with staff to establish a Stormwater utility fee, with billing to start in January 2004. We have applied for grant funding on projects and programs consistent with the Goal and Action Plan. Received a COPS FAST grant, and 319 Stormwater grant funding for the'installation of (3) baffle boxes, as an example. Planning During the year, I work with staff in updating the five-year capital improvement plan. I challenge staff to utilize new technology to improve their departmental operations in an effort to be more productive and responsive to the needs of our community. With limited funding and the leveraging of grant funds when available we are able to achieve our goals in a reasonable time frame. When I evaluate Department Heads, they are given constructive guidance on what is expected and reasonable goals and objectives are assigned to work on for the next rating period. Everyone is enthusiastic about the annual review of the goal and action plan. It gives us a chance to exchange ideas and plan for the future. Staffing This has been a problem in the past with turnover in some departments. I have worked hard with the City Clerk to ensure we recruit talented individuals to serve our community. The Building Department has stabilized and customer service has greatly improved. We have a core workforce of (21) employees that have over (10) years of service each, and I will continue to improve upon this core number. I have an open door policy with employees and consult with employees as needed. Staff and I have worked to improve our benefit package for our co-workers; the Health Insurance Committee's work resulted in a 5% decrease in premiums this year and eliminated the payroll deduction for all covered employees. Seminars were provided to the employees during the year on pension investing and supplemental insurance coverage. I work to keep up to date on labor rules and regulations and have respectful relationship with the Union. Supervision Department Heads are challenged to make informed operational decisions within their respective departments and to seek guidance from the City Manager. as needed. I will not micro manage a Department. I do demand accountability for their 0 Page 2 actions, and if needed, I will spend time with a Department Head if they are having difficulty with an issue, program or project. "Management by walking around" is my way of getting out of the office and seeing our employees in action. It's a great way to find out what's happening with our work groups. Relations with Council The City Managers office works to assist and inform each City Council Member in a professional and timely manner. I have encouraged City Council members to call or stop by the office any time. I will contact each member if there is an emergency. E- mails are sent on a regular basis to provide updates on city activities. City Council often seeks my opinion on issues and of staff as well. Open communication has helped us maintain professionalism during meetings and there is an excellent working relationship with City Council, the City Manager and Staff. ReaortinQ All Department Heads are required to Agenda packets are Council to debate an requested. prepared to provide issue and make an prepare quarterly reports on their activity. as much information as possible for City informed decision. Reports are provided as Citizen and Intercwvernmental Relations The City Mangers office has worked to respond to citizen complaints in a timely manner. Complaints are logged into the "Better Place" online system and the status of each complaint is tracked weekly until closed out. During this past year, I have met with many concerned citizens, business owners and developers on many issues and will continue to have a policy of open communication with our residents and business leaders. I have been active during the year in working with many county and city officials on issues that may have an impact on our city. I have served on committees dealing with the sales tax, emergency management, fireworks, and TICO airport as examples. Professional/Personal Characteristics The City Manager is comparable to a CEO in the private sector and I work diligently in an effort to be a well rounded city manager in order to react and respond to the needs and concerns of City Council, our workforce, the business community and our residents. This is a challenge that continues to motivate me as a professional and I greatly appreciate the opportunity to serve this great community. 0 Page 3 J 1 I � CITY OF . . CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher 9-16-03 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 74 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. 3-] 4 Comments: (1) Very good iob. (2) Has improved in this area. Fiscal Management Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 4 0 2. Administers the adopted budget within approved revenues and ❑ expenditures. 4 City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: (3) Has (4) Very good job. Planning in this area. 0 1. Establishes a process of planning in anticipation of future needs [�4 and problems. 2. Participates in the establishment of reasonable goals/objectives 3- for the City and each of its Departments. 4 3. Achieves goals/objectives, which are the direct responsibility of F3 the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: (1) Has improved: aood iob. (2) Has dropped off in this area. (3) Status quo. Staffing Recruits and retains qualified Department Heads. 7 2. Initiates corrective action to improve employee job performance, 03 when needed. 3. Effectively manages personnel issues including employee 3❑- insurance, fringe benefits, promotions, pensions, performance 4 evaluations and union negotiations. City Manager Evaluation Comments: (1) Needs improvement. (2) Needs improvement. (3) Has irnpFoved in this area. Supervision 1. Encourages Department Heads to make decisions within their 2❑- own jurisdictions without City Manager approval, yet maintains 3 appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize 03 support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City F3 employees. Comments: (1) Has improved in this area. (2) Remains the same. (3) Has improved in this area. Relations with Council 1. Responds to requests for information or assistance by the Council 3❑- and/or by individual Council Members. 4 2. Adequately informs the Council of current issues. 74 3. Accepts and responds to constructive criticism and advice. F3 4. Carries out the directives of the Council as a whole, 'rather than 3❑- those of any individual Council Member. 4 5. Assumes responsibility for staff performance. 03 Comments: (1) Needs improvement. (2) Very good job. (3) 1 ias improved. (4) Needs improvement. (5) Needs improvement. City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 47 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: Has done well in all these areas. Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and 3 prompt manner. 4 2. Willingness to meet with members of the community and discuss 3❑- issues of concern; initiates follow-up as appropriate 4 3. Cooperates with neighboring communities and maintains open 3- communications with other municipalities in areas that may affect 4 or relate to the City. Comments: Has improved in all these areas. Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. 4 Comments: Maintains hiah marks. Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: Holding a tight line on the budget. Management of the budget. 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: Staying on track with a user-friendly Cit/ Hall. Understanding department needs. 3. Two things that the Manager does now that I would most like him to continue: a. Watching and responding to the needs of the citizens and the employees. City Manager Evaluation b. Controlling very closely non -needed increases in all areas. 4. Two things that the Manager does now that I would most like him to discontinue: a. Do not allow any department to establish policies contrary to our Code of Ordinances. b. Discontinue not looking into the needs of the lower paid employees. 5. Two things that the Manager does not do now that I would most like him to do: a. Talk to each and every employee on a one-to-one basis without any negative effect from their supervisor or other staff members. b. Watch very closely our rate of return on our investments. I personally rate Bennett very high as a City Manager. He seems to have a handle on all major issues. I believe he should be well compensated to the middle of the range of the new wage and salary plan. Q and Title of Person Evaluation Date CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular itenVssue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 9-16-03 Evaluation Due 1. Pians and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads.. Demonstrates knowledge/understanding of Departmental operations. 0 Comments: Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council 5� 2. Administers the adopted budget within approved revenues and a expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. F5 Comments: Perhaps responsible fiscal management is Bennett's strongest suit. Planning 1. Establishes a process of planning in anticipation of future needs 7 and problems. 2. Participates in the establishment of reasonable goals/objectives 0 for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists. and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: Staffing 1. Recruits and retains qualified Department Heads. 0 2. Initiates corrective action to improve employee job performance, 74 when needed. 3. Effectively manages personnel issues including employee C5 l insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: No problems here Supervision 1. Encourages Department Heads to make decisions within their 75 own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasise 75 support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: Reardina Number OneLjudQinq_from the excellent output of each department, Bennett has struck an excellent balance of careful supervision without stifling initiative. Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 74 4. Carries out the directives of the Council as a whole, rather than 0 those of any individual Council Member. 5. Assumes responsibility for staff perfonrlance. Comments: I am very satisfied City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of 7 importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open FAI communications with other municipalities in areas that may affect or relate to the City. Comments: Reaardina Item Number One, Bennett continues to improve in this area. Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in �]5 the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be 74 kept informed of new legislation, methods and techniques. 4 City Manager Evaluation 3. Demonstrates professional personal appearance. LU 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. 5 ❑ Comments: Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: The resolution of employee HEALTH INSURANCE issue (circa November, 2002) handled beautifully in the way he framed the issue and encouraged participation by the troops. He has recently displayed leadership in the EMPLOYEE COMPENSATION issue (circa November, 2003) 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: Perhaps attend a few more short seminars and conferences of his choosing. 3. Two things that the Manager does now that I would most like him to continue: City Manager Evaluation a. Interacting with Cocoa Beach and the Port. Perhaps have a few more lunches with their key staff. City Manager Evaluation I 4. Two things that the Manager does now that 1 would most like him to discontinue: a. N/A b. 5. Two things that the Manager does not do now that I would most like him to do: a. N/A I Ae Richard rFe Name and Title of Person Performing Evaluation s_ - CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher 9-16-03 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. [� Comments:rso�ah,i� !/r.� DE��j.�.¢as fi.�� �'.�.��' 1.v�2o✓�� or Av zz' c Lf, Re -9 ` 4 Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. J 7-1 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. L 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: /Ala.eoe' 0415 _p.&J/C_ z ,y •4 r Ae1Z .cI© j- ,.a EN Ga 2C 1f �P02>'1 / o �iJnie i YV9C �10ST o /rf E 1//� Tv 17W -e . Planning Establishes a process of planning in anticipation of future needs 0 and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: ACM /✓G 7- A.) - r Staffing 1. Recruits and retains qualified Department Heads. �3 2. Initiates corrective action to improve employee job performance, [�] when needed. 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. City Manager Evaluation Comments: Pems Y- - Wg4,0s �/Rd� �i�P/Id�/Bi /9/�,urL f d ��O T, /�EA D f JWOV/'/ Q7 oa. 4Y /$E 41V"W I Ili -1P c, T -t5h -1c, 40"' X9" X o peel a'W rye AAL' � ,ONS Supervision Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City 0 employees. Comments: 11 .::5,7'.aAl:A;'�-/-4va- �K �/2.�5.3€/� %�EEC�,d� 5 D � ✓i�%E//L ��LrQf/ONS/i /J� ,'�S'� �iEEL �1.QT j�%�1� tid Relations with Council 1. Responds to requests for information or assistance by the Council 0 and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 0 4. Carries out the directives of the Council as a whole, rather than 0 those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: (sf er7,y^J -:§'A� 7v llkfIye-ll ;'/Are_ City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: Citizen and Intergovernmental Relations Handles citizens' complaints and questions in a professional and Ff prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: 07 A41 -E -d-3 ZW-WyET� 1,1125/WG e Tia fjL5O�,,o,Oe> '40a 41V.741/l 19rW,41u4,ic�r�ias�1 .Oha% ry Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in 0 the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic F groups/organizations. I Comments: la,, 4,Vz' ✓ oe v gC,rY J4—; 0 G>/ r;' A -4d lea i'�i1So.ugG �!%PPEA2Rtic z dNc fi:j A*ar.✓ 2u W2E A A'04154R�,Uu .u�E ©cJ/L Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 16 ©r�E�,¢GL��F..4.e�.vrE o� 1'% �ra�= �Q,u� '0�a �,✓ �r L; ry A1,,4 s Ae ee, ~ Z 1% ?C �s c.� i/��••�v D4 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: ZelLoc G .titG�,lflc"i�jE ,t�oe� ��iZE.crG�' G/�7�f L',rf /��YF� 14 b� ,(!� �tP/�2 oti.�s G fEC,G1wy�t 3. Two things that the Manager does now that I would most like him to continue: a. /�ti�%.! �`c°�d�,Ci l �✓ �iL �//SECT/o � ��3',Q,� lr�✓ %!� s�o PC D � / �� C��i E f 5rA'�i q e t 7 7�%' �-o Tf% �t> i,v T t, /�r��(o-✓P (,�/� `l ,Q I/C %Jf EES` 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: ZelLoc G .titG�,lflc"i�jE ,t�oe� ��iZE.crG�' G/�7�f L',rf /��YF� 14 b� ,(!� �tP/�2 oti.�s G fEC,G1wy�t 3. Two things that the Manager does now that I would most like him to continue: a. /�ti�%.! �`c°�d�,Ci l �✓ �iL �//SECT/o � ��3',Q,� lr�✓ %!� s�o PC D � / �� C��i E f City Manager Evaluation b.N �v�r�,/ TSE ��2�� r %riti%f•s ff.�y�' �/'E�rGJ� Z.��i?ovc.y .�'�'��-c,�A'N.Lyi«d .6Cd, l�2�T —T 4. Two things that the Manager does now that I would most like him to discontinue: a. 5. Two things that the Manager does not do now that I would most like him to do: a. , �%D � �I �i�,.r.l,�.v. �.rt •-.E Gr�i'r./ ,�.�/�Go y'�'g� �ie��r� Y b. Name and Title d Person Performing Evaluation Date CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 2. 9-16-03 Evaluation Due Plans and organizes work that implements the policies of the City Council. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. IST 02 City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: Planning 1. Establishes a process of planning in anticipation of future needs and problems. 2. Participates in the establishment of reasonable goals/objectives [] for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: Staffing 1. Recruits and retains qualified Department Heads. 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: Supervision 1. Encourages Department Heads to make decisions within their own `x jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. x 3. Accepts and responds to constructive criticism and advice. 0 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: /Z- /10/' �. 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: 3. Two things that the Manager does now that I would most like him to continue: 5 City Manager Evaluation b. 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5 -a 0 Two things that the Manager does not do now that I would most like him to do: Name and Title of Person Performing Evaluation G Date r`_ i, 7 ' CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 9-16-03 Evaluation Due Plans and organizes work that implements the policies of the City Council 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Both evaluations very good this year. Staff meetings for action plans after council meetings is working very well. Suggested Improvements: City -working projects hang "non -finished" for many months with only "it's in the works". Hold successful bidders to their approved work schedule. Fiscal Management U 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. F 2. Administers the adopted budget within approved revenues and a expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: Fiscal management in one of the city manager's strongest assets. Each year we complete the fiscal year within budget and many projects for the City completed; many with grants funding. Planning 1. Establishes a process of planning in anticipation of future needs and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of 0 the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: Continue aoal & action setting plans with_department heads involved who, in turn, need to discuss with individual work groups so our plans become their goals also. Staffing 1. Recruits and retains qualified Department Heads. 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee FU City Manager Evaluation insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. City Manager Evaluation Comments: Stability in low turnover of personnel especially department heads, is important to me. Revised employee and pay classifications should greatly improve attitude, work and desire to continue with the City in FY 2003/04. Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize ❑3 support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City 0 employees. Comments: Much improvement in this area during the past vear. Understood directives with followed accountability and responsibility seems to be a successful plan of accomplishing objectives, in my opinion. Relations with Council Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 141 3. Accepts and responds to constructive criticism and advice. 7 4. Carries out the directives of the Council as a whole, rather than F3 those of any individual Council Member. 5. Assumes responsibility for staff performance. 3 4 City Manager Evaluation Comments: Great improvement in this area, in my view, vs. previous reviews. E-mail updates keep us informed. To improve, a monthly status project list is valuable for council to know status of working projects in order to answer resident questions. Include the building projects as well as public works items (Public Works short list of 1/13/04 is exce�llen_t-copy attached) Reporting Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as 03 when requested by Council. Comments: Much improvement this past year. E-mail updates are good. Always is good to answer resident questions when asked. Again, this year's action of attorney being proactive rather than reactive on needed changes in our ordinances is well noted. Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and F3 prompt manner. 2. Willingness to meet with members of the community and discuss 2 issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: Our copy of city manager's response to resident concerns keeps us in the loop of information as, most likely, the resident has also called us with same concern. City manager is much more in City Manager Evaluation limelight with joint meetings with county commissioners and other city managers; example, fireworks ordinance. Professional/Personal Characteristics Invests sufficient effort and time in being diligent and thorough in 03 the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. F3 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations.3� Comments: Continue to keep our Citi highly visible Being innovative not only in electronics but in all other areas, makes council and residents see that we are leaders in Brevard County. Council Observations During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: Continue to complete 12ublic works projects in City. These are visible to City residents. Strong Points: Keeping us out of media with adverse publicity. Accomplishments: Improvements in attitude of employees to believe our job is to serve our residents. 6 City Manager Evaluation 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: Newsletter information to residents is excellent Our City happenings have ceased to be published in the local press due to the lack of a reporter to cover our events. Suggest we work with freelance reporter to cover our information since we do not have a public information assistant. 3. Two things that the Manager does now that I would most like him to continue: a. Continue involvement in inter -governmental organizations with other city/county agencies. City Manager Evaluation b. Stress at every staff/employee meeting our City's purpose and job: To provide services to our residents that they cannot perform themselves such as police, fire protection, roads, street lights, and utilities. 4. Two things that the Manager does now that I would most like him to discontinue: a. Being restrictive on training seminars for employees who desire to improve their skills to benefit our City. b. Forwarding e-mail to council members from residents wanting a personal response about City business. 5. Two things that the Manager does not do now that I would most like him to do: a. Review scheduling of vacations with department heads and assistant department heads so that both are not on vacation at the same time. b. Complete a Citywide review of street lights, both on A1A, N. Atlantic Avenue and residential streets. Many new businesses and homes have been completed in our area that have never had the need for streetlights. Name and Title of Person Performing Evaluation ON -r I IFF -1I/, W. - Pagel of 2 Rocky Randels From: Bennett Boucher [boucher-cape@cfl.rr.coml Sent: Tuesday, January 13, 2004 2:49 PM To: Bob Hoog (E-mail); Jim Morgan (E-mail); Richard Treverton (E-mail); Rocky Randels (E-mail); Steve Miller (E-mail) Subject: FW: FYI PW project short list -----Original Message ----- From: Ed Gardulski [mailto:egardulski@bellsouth.net] Sent: Tuesday, January 13, 2004 2:37 PM To: City - Bennett Boucher Cc: Staff - Cathy Hardy; Staff - Marianne Huston; Staff - Walter Bandish Subject: FYI PW project short list BB FYI Public Works project short list 1. A meeting is scheduled at Public Works with Verison Wireless a 10 am Friday Jan 16th to review concepts. 2. Working on the drainage sink hole along AIA. Contacted FDOT and the Contractor. 3. Lights should be on tonight at the north AIA City Sign. White lights for the sign. Blue and green up lighting for the landscaping. 4. Contacted the Ocean Woods and Ocean Oaks in regards to the drainage project to start this week. 5. The International Drive Baffle box is scheduled for installation on Wednesday. 6. Walter and June is on a trip with Brown & Caldwell Engineering to review a Bleach system in Casselberry. 7. Setting up a City Volunteer project for Sunday Feb 22nd. or on Saturday Feb 28th. This project will entail the planting of sea oats along the existing sand fence. I will be ordering 14 packs of 96 plants. One packet for each city block consisting of a total of 1,344 plants. The Sea Oats will be planted in the area that the first planting had died. The volunteers will be planting the Sea Oats as replacement. We will need about 7 teams of 2.4 volunteers per team. Each team will plant a two block area and should take about two hours at most. This project will be permitted by DEP. 8. Requested an up date on the status of the tax deed sold in Harbor Heights. This subject may come up at the next City Council meeting. 9. Working on a Volunteer project to plant a Butterfly Garden at the Library. 10 Working on easement agreement with Yogi's Foods. Yogi's Attorney had requested a concept drawing of sign project. I contacted Kathleen Burson and asked her to stop and review the project for a design proposal. 11. Waiting for final Biosoilds treatment agreement from Brevard County. 12. Waiting for final Brevard County Inmate crew Agreement. 13. Waiting for SSA proposal for the AIA east side drainage and sidewalk to the Port. 14. The north sanitary sewer line project is work in progress. 15. The Treatment Facility engineering project is work in progress and should be completed this month 16. SSA is working on tate Reuse water line desi ga. SSA has received the Purchase Order City Manager Evaluation tabulation 1-20-04 Scale (1) poor, (2) fair, (3) good, (4) very good, (5) excellent Mayor Pro Councilmember Councilmember Councilmember Average (31) Evaluation items Mayor Randels Tem Hoog Treverton Miller Morgan score Organizational Management Plans and organizes work that implements the policies of the City Council 4 5 4 5 4 4.4 Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations 4 4 5 4 3.50 4.1 Fiscal Management Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council 5 5 5 5 4 4.8 Administers the adopted budget within approved revenues and expenditures 5 5 5 5 4 4.8 Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment 4 4 5 4 3.50 4.1 Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue 4 4 5 4 4 4.2 Planning Establishes a process of planning in anticipation of future needs and problems 4 4 5 4 3.50 4.1 Participates in the establishment of reasonable goals/objectives for the City and each of its Departments 3 4 5 4 3.50 3.9 Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner 3 4 4 4 3 3.6 Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives 4 5 4 4 4 4.2 Page 1 Mayor Pro Councilmember Councilmember Councilmember Average Staffing Mayor Randels Tem Hoog Treverton Miller Morgan score Recruits and retains qualified personnel for City positions 4 3 5 4 3 3.8 Initiates corrective action to improve job performance, when needed 3 4 4 4 3 3.6 tnectiveiy manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union 4 4 5 4 3.50 4.1 Supervision Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations 4 4 5 4 2.50 3.9 Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs 3 4 5 4 3 3.8 Has developed an open professional relationship with all City employees 3 3 4 4 3 3.4 Relations with Council Responds to requests for information or assistance by the Council and/or by individual Council Members 4 3 4 5 3.50 3.9 Adequately informs the Council of current issues 3 4 4 3 4 3.6 Accepts and responds to constructive criticism and advice 3 4 4 3 3 3.4 Carries out the directives of the Council as a whole, rather than those of any individual Council Member 3 5 5 3 3.50 3.9 performance 3 4 4 4 3 3.6 Reporting concerning matters of importance to the City 4 5 5 5 4 4.6 Reports are accurate and comprehensive 4 4 4 5 4 4.2 Page 2 Reports are generally produced through own initiative, as well as when requested by Council. 3 4 4 4 4 3.8 Citizen and Intergovernmental Mayor Pro Councilmember Councilmember Councilmember Average Relations Mayor Randels Tem Hoog Treverton Miller Morgan score Handles citizens' complaints and questions in a professional and prompt manner 3 4 4 4 3.50 3.7 Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 2 4 4 3 3.50 3.3 Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City 4 5 4 3 3.50 3.9 Professional/Personal Characteristics Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities 3 4 5 5 4 4.2 Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques 4 4 4 5 4 4.2 Demonstrates professional personal appearance 3 5 5 5 4 4.4 Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations 3 5 5 4 4 4.2 Total point score 110.00 130.00 140.00 128.00 110.50 123.70 Overall Councilmember score 3.55 4.19 4.52 4.13 3.56 Overall score 3.99 Page 3 Meeting Type: Regular Meeting Date 01-20-04 AGENDA Heading Resolutions [tem Issues of concern: No. Eliminate the $200 filing fee for the enforcement of municipal code or ordinance violations. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-07, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION DEPT./DIVISION: LEGISLATIVE Requested Action: The Florida League of Cities has requested the City Council consider adoption of the attached resolution urging members of the Florida Legislature to support municipal issues during the 2004 legislative session. Summary Explanation & Background: Issues of concern: Allow municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances. Eliminate the $200 filing fee for the enforcement of municipal code or ordinance violations. Provide a modification of the distribution formula for revenues transferred from the half -cent sales tax program to the revenue sharing trust fund for municipalities. Strengthen the ability of municipalities to eliminate all enclaves regardless of size or use, and provide reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. I recommend approval. Exhibits Attached: Resolution No. 2004-07 City Manages} Office Department LEGISLATIVE cape- . \mydo in\council\meeting\2004\01-20-04\2004-07.doc RESOLUTION NO. 2004-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION. WHEREAS, legislation passed (HB 113A) during the 2003 Special Session "A" that is the implementation of Article V, a 1438 constitutional amendment, that requires the state to fund the county court system; and WHEREAS, HB 113A prohibits state attorneys from appearing in county courts for the purpose of prosecuting municipal ordinances; and WHEREAS, the bill also prohibits a municipality from contracting with a state attorney fQr the prosecution of munici�,al ordinances, and public defenders will not be allowed to represent indigents charged with ordinance violations; and WHEREAS, HB 113A requires a filing fee of $200 for each code or ordinance violation; and WHEREAS, several cities enforce code enforcement through a citation process, which are filed through the county co- u►t system, and WHEREAS, manv of the fireefnr thPge rit�tionS end 1pcc than half of the- proposed heproposed $200 filing fee, which would make the citation process ineffective for code enforcement activities; and WHEREAS, the intent of the Municipal Revenue Sharing hold harmless provision in HB 113A was intended to not reduce any revenues currently shared with municipalities; and WHEREAS, clean drinking water is a precious resource that must be adequately planned for to meet the needs of future growth in Florida; and WHEREAS, cities are implementing several innovative methods to assure an adequate supply of drinking water is available for its citizens; and WHEREAS, efforts were made during the 2003 legislative session to mandate that cities establish water conservation rate structures, impose drought :rates, require sut�meters^g in paitme-r s hi_3ildings or condos, mandate statewide irrigation standards, implement "informative billing", and meter reclaimed water; and WHEREAS, municipalities would be negatively impacted by legislation man:tating conservation measures on a "one size fits all" approach and many of the F-ACi1yCik1Reso1uWnsTLC; Leg Priorities 20(Adm City of Cape Canaveral, Florida Resolution No. 2003-15 Page 2 conservation measures being considered had no demonstrable conservation benefit but will be very expensive to implement; and WHEREAS, the geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating inefficient service delivery and subsidizing urban sprawl; and WHEREAS, the current law has actually made it more difficult for municipalities to provide municipal services in the urbanizing areas in comparison to counties and special districts; and WHEREAS, Florida's tremendous population growth and inflexible annexation policies causes disruption in historical service delivery responsibilities and results in a continuous conflict and inefficiencies in the financing and delivery of many local public services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: SEC TfQN 1. That the City of Cape Canaveral urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Preserves the authority of individual local governments to determine and implement the specific water conservation measures required under a water use permit, and which preserves a local government's control over reclaimed water that is created by the local government SECTION 2. That the City of Cape Canaveral urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Allows municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances; and Eliminates the fee schedules for the enforcement of municipal code or ordinance violations. Provides a modification of the distribution formula for revenues transferred from the half -Cent Sales Talc Program to the Revenue Sharing Trust Fund for Municipalities. SECTION 3. That the City of Cape Canaveral urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: EACitvCtk\Reso4eltions\FLC Lect Priorities 20U.doe City of Cape Canaveral, Florida Resolution No. 2003-15 Page 3 Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and provides reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. SECTION 4. That a copy of this resolution shall be provided to Govern Jeb Bush, Senate President Jim King, House Speaker Johnnie B`rd and members of the Florida Legislature. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of January 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST :�s ra• Steve Miller Susan Stills, CITY CLERK Jim Morgan Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY EACiiyCUMesoltAws\FLC Leet Peiontms 2004_doc Memorandum FLORIDA LEAGUE OF CITIES, INC. To: Members of Florida League of Cities, Inc. From: Dottie Reeder, President Mayor, City of Seminole Date: December 10, 2003 Re: Request for Resolution At the recent Florida League of Cities' Legislative Conference last month, the FLC Board of Directors adopted a new initiative to enhance the Legislature's awareness of the League's priority issues. This new plan calls on each of Florida's 408 cities to adopt a resolution that supports the League's key priority issues. These key issues that were recently adopted by the League membership -at the:. recent Legislative Conference address three main areas: • Making revisions to the Article V bill dealing with prosecution of municipal ordinance violations; • Legislation that promotes water conservation incentives for Florida's cities; and • Annexation Reform, particularly relating to annexing enclaves Enclosed is a draft resolution that we are asking your city to adopt at the next available counciI/commission meeting. We would then like you to send copies of [Florida at resolution to Governor Jeb Bush, Senate President, Jim King, Speaker of the ouse, Johnnie Byrd, your House and Senate members and a copy to the League of Cities no later than, Friday, February 6, 2004. Also enclosed, is a list of addresses for the Governor, Senate President; Speaker of the House and a House and Senate directory with addresses for your legislators. Should you have any questions or require additional information, please contact John Thomas at the Florida League of Cities at (800) 342-8112. Thank you for your assistance. Enclosures 301 South Bronough Street + Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 • Suncom 278-5331 ♦ Fax (850) 222-3806 ♦ Internet: http://fcn.state.fl.us/flc/ Please send a copy of your City's resolution to the following no later than Friday, February 6, 2004: The'Honorable Jeb Bush Governor, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Honorable Jim King President of the. Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5030 Fax: (850) 487-5368 The Honorable­Joh-nnie Byrd, Jr. Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-0807 Fax: (850) 488-1456 Your House and Senate Members see attached directories for mailing information Jenny Anderson, Legislative Assistant Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (800) 342-8112, extension 119 Fax: (850) 222-3806 City Clerk/ Human Resource Office Quarterly Report, January 2004 HUMAN RESOURCES Position Vacancies: Interviews were dominant this quarter in order to secure qualified individuals for the remaining position vacancies in the Public Works Division and the Building Department. There are no position vacancies at this time. New Employees: Tim Reaves, Building Inspector/ Plans Examiner Jerry Martin, Plant Operator Ed Boes, Utilities Maintenance Worker Dennis Clements, Building Inspector/ Plans Examiner Resianations/ Terminations: Todd Hazel, Building Inspector/ Plans Examiner Tom Bubb, Building Inspector/ Plans Examiner *All resigning City employees are instructed to schedule an exit interview with Human Resources. Employees complete a questionnaire that helps management evaluate its performance and to work toward enhancing employment with the City. Risk Manaaement No claims filed this quarter. Workers Compensation • No claims filed this quarter. Health Insurance Renewal • The City's medical coverage plan experienced a decrease in its renewal rate however the dental plan renewal rate continued to increase. The Health Insurance Committee met on October 16th to review coverage options. The Committee recommended continuing the $7.32 payroll deduction in order to hedge against future increases, to change dental plans from Boston Mutual to Ameritas Group and to remain with G.E. Financial Group for life insurance coverage. The committee met again on October 31st to discuss the $7.32 health benefit payroll deduction. Some employees expressed disfavor with the Committee's recommendation to continue the payroll deduction. Ms. Stills distributed a citywide survey and the results were 28 to 8 of the eligible employees in favor of eliminating the $7.32 payroll deduction. The Committee made its final recommendation to the Council that was accepted in a Special Meeting of December 2"d City Clerk/ Human Resource Office Quarterly Report, January 2004 Page 2 Wage and Salary Plan • City Council held a workshop meeting on December 2"d to review the methodology that resulted in amendments to the wage and salary plan. Union Negotiations • Ms. Stills participated in Union negotiations this quarter in light of the health insurance renewal adoption and the wage and salary plan amendments. City Pension • Ms. Stills invited Paul Shimone, Retirement Services Manager with the Florida League of Cities to speak with employees regarding the City's Pension plan. Two sessions were held and well attended. Employees had an opportunity to have questions answered on the program's services. Ms. Stills will invite the Account Manager to review individual employee portfolios some time in January. CITY CLERK'S OFFICE Elections • City Clerk received the Official Canvassing Board results from the Supervisor of Elections and completed post election activities. The Oath of Office ceremony was held in November and our new Council member received orientation materials and his laptop computer. • Campaign Treasurer's Reporting was completed and documented in December on Mr. Miller who ran unopposed in the City Council election. Final reporting for the Mayor's election is February 2"d Information Management • Ms. Haas distributed records disposition notices this quarter. A total of 52 boxes were scheduled for destruction at the Foreign Trade Zone records storage facility. State records compliance forms were also completed for the year. • Ms. Haas compiled photographs and meeting dates for the annual City calendar. • Ms. Haas also compiled information for the employee newsletter during this quarter. • Ms. Haas continues to provide exemplary technical support for City Council's computer issues. EMPLOYEE DEVELOPMENT ACTIVITIES • Ms. Haas assisted in training 16 local residents through the Community Emergency Response Training program. Graduation took place in November. • Ms. Stills planned a joint seminar with the City Clerk of Cocoa Beach entitled, "The Leadership Challenge" in October for the Brevard County City Clerks Association. Seminar attendees were awarded three Continuing Education Credits. • Ms. Stills participated in planning the Space Coast Public Personnel/ Risk Management Association monthly meetings as its Vice -President. Memo TO., HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From BENNETT C. BOUCHER, CITY MANAGER Daft 1/13/2004 Ree QUARTERLY ACTIVITY REPORT —ANIMAL CONTROL This office processed 16 citizen requests for animal traps for the months of October, November and December, 2003 and was notified that a total of 20 animals were trapped as follows: 3 possums 7 cats 10 raccoons /kmm 0 Page 1 PARKS &RECREATION DEPARTMENT QUARTERLY REPORT OCTOBER -DECEMBER 2003 The Brevard County Parks & Recreation Department brought the "Traveling Skate Park" to Cape Canaveral over a four-day weekend October 16-19. One of our staff members is present, along with County Recreation Department staff, at all times the skate park is in operation. A report is attached. The "Monster Mash" Halloween Street Dance took place on October 3& in the Annex parking lot. Attendance was approximately 125-150. It's nearly impossible to "count noses" at an event such as this! A report is attached. The 28t' Anniversary Racquetball Tournament was held November 7-9. Due to the popularity of this tournament, registration was cut off two weeks prior to the tournament taking place. The tournament marks the anniversary of the Recreation Complex, which was dedicated on December 20, 1975. I have attached a dedication program, which you might find interesting, as well as the tournament report. The Community Health Fair was held on November 12th at the Recreation Center. The Health Fair continues to be a success with many people in the community getting flu shots and blood tests, as well as availing themselves of wellness information. A report is attached. The Holiday Tree Lighting Program was held in the Community Room at the Library. The attendance was less than usual but the program was "better than ever". Our thanks to the Capeview Elementary School Rocket Chorus for their outstanding performance, Communications Concepts for not only loaning, but delivering and setting up the sound system, Isabel Escapa for making the room available and being on site throughout the program, the Streets Department for delivering and returning the risers to Capeview, the Fire Department for Santa (and delivering Santa in their sleigh) and to Mayor Randels for being the Master of Ceremonies. It takes "many hands" to provide the community this holiday program. We are truly grateful to all! A report is attached. The Youth Center was open from noon -5:00 p.m. during the holiday school break to give the youths a place to "hang out" during the day. Youth Center Attendance: October - 575 / Average per day - 22 November - 428 / Average per day - 20 December - 515 / Average per day - 21 Upcoming event — Gator Bill, January 24th @ 10:30 a.m. October 16 - 19, 2003 Thursday, October 16th- Session 1 14 participants (10 from Cape Canaveral) Friday, October 17th- Session 1 11 participants ( all from Cape Canaveral) Session 2 18 participants (16 from Cape Canaveral) Saturday, October 18th - Session 1 11 participants (8 from Cape Canaveral) Session 2 18 participants ( 14 from Cape Canaveral) Sunday, October 19th - Session 1 9 participants (all from Cape Canavera» Session 2 7 participants (all from Cape Canaveral Expense: Flyers $2.70 & staff time CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec(2(earthlink.net "MONSTER MASH" HALLOWEEN STREET DANCE OCTOBER 30, 2003 ATTENDANCE: 125-150 (approximately) EXPENSES D.J. $200.00 Decorations 43.47 Prizes 10.89 Candy & Bags 23.77 Supplies 4.87 Total 298.60 + staff time CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 e-mail: parknrec@iu.net 28th ANNIVERSARY RACQUETBALL TOURNAMENT NOVEMBER 7th, 811 & 91h 2003 INCOME: Entry Fees (85 Participants) $2580.00 T -Shirt Sale 50.00 Sponsors: 275.00 Derman Homes 100.00 Wallpaper for Windows 100.00 HMS 100.00 Island Surf & Skate 100.00 The Racquet Connection 100.00 Wristlacers.com 100.00 InitiaTEK 125.00 Southern Tape & Label 100.00 Wardlow Ceramic Tile 100.00 Rainmaker 100.00 Spaceport Imaging 100.00 Sunshine Welding 100.00 Sea Ray Boats 100.00 T -Mart (shirt discount $113) .00 $1325.00 $3955.00 EXPENSES: Postage 9.26 Applications 14.00 Medals 275.00 Tournament Shirts (116) 1102.20 Racquetballs 130.92 Food & Supplies 229.81 Court Time (98 hours) 248.00 _Reproductions 3.75 Total Expense $ 2012.94 Profit $ 1942.06 25% of Profit Retained by Recreation Department $ 485.51 75% of Profit To Tournament Directors $ 1456.55 (Mike D'Amico $728.28) (Paul Owens $728.28) RECREATION PERSW EL RECREATION DIRECTOR JACK L. PICCALO DANIEL F. VORSINO STEVEN L. CRAVEY RECREATION CUIPLEX COMITTEE JOHN BUTLER CHAIRMAN E. HARRISON RHAME VICE CHAIRMAN NANCY HANSON SECRETARY E. H. ALLEN AL JIMENEZ DAN KEANE ROBERT LAWS SILVIO MARE JESSE QUATSE JACK L. PICCALO LAMAR RUSSELL ANN THURM CLIFFORD VAN WAGNER 1,71 a umvi 1 3:1'' 1 NANCY HANSON CHAIRMAN SILVIO MARE VICE CHAIRMAN LAMAR RUSSELL SECRETARY JOHN BUTLER AL JIMENEZ DAN KEANE JESSE QUATSE DEDICATION THE NEW RECREAT] 20 DECEMBER 1975 CITY COUNCIL MAYOR COUNCIL MEMBERS CITY MANAGER CITY CLERK/TREASURER POLICE CHIEF BUILDING OFFICIAL FIRE CHIEF MUNICIPAL JUDGE CITY ATTORNEY CITY PROSECUTOR FRANKLYN P. MACLAY E. HARRISON RHAME MAYOR PRO -TEM ANN H. THURM LEO C. NICHOLAS G. J. SALVAGGIO ALBERT J. FRANCIS ANITA J. OSTROM ROBERT A. TWEED JACK HURCK ERNEST HOELPERL IRVING H. PROPPER STANLEY WOLFMAN RICHARD F. SCOTT MISTRESS OF CERMIES ANN H. THURM DEDICATION CAPE CANAVERAL REG PLEDGE OF ALLEGIANCE INVOCATION INTRODUCTIONS REMARKS AND INTRODUCTION JF SPEAKER ADDRESS BENEDICTION TOUR OF RECREATI% CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 e-mail: parknrecc,earthlink.net COMMUNITY HEALTH FAIR November 12, 2003 8:00-11:00 a.m. PARTICIPANTS: SERVICES Brevard County Health Department — Flu (146)& Pneumonia Shots (20) Wuesthoff Reference Lab — Blood Tests (30) Cape Canaveral Volunteer Fire Department — Blood Pressure Checks Fogarty/Beachside Chiropractic Life Clinics — Spinal Checks Wal-Mart Vision Center — Vision Screening INFORMATION Brevard County Pharmacy Association Wachovia Bank Community Service Council R.S.V.P. Program Meals on Wheels Brevard County TRIAD, Inc. Comforts of Home Care Brevard County Sheriff's Department/Community Policing EXPENSES Flyers $ 7.70 Postage 12.49 TOTAL $ 20.19 + Staff Time Wachovia Bank, Cape Canaveral Branch, provided refreshments for the event. HOLIDAY TREE LIGHTING PROGRAM EXPENSES: Dickens Carolers Refreshments Flyers DECEMBER 14, 2403 $200.00 47.32 12.90 262.11 + staff time Communications Concepts, Inc. donated the setup and use of their sound equipment ($191.00) ATTENDANCE: 115 Performers participating -35 (Cape View Chorus & Dickens Carolers) TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: October, November, and December 2003 DATE: January 7, 2004 PUBLIC WORKS ADMINISTRATION 1. Staff has prepared and distributed the Quarterly Concurrency Report for the 1' Quarter of 2004. 2. The following is a list of training, certifications and seminars attended by the Public Works Department during the Is' quarter of 2004: • Paul Prince completed FWPCOA backflow tester re -certification. 8 hours • Kenneth Veenstra completed a correspondence course entitled "Facility Management Module 1 and 2. • Tim Davis attended a "Live Oaks in the South" Seminar in Plant City, FL. 16 hours 3. The second Community Emergency Response Training (CERT) for residents was completed on 11/6/03. 4. South City of Cape Canaveral Sign. Staff is working with the property owners of Yogi's Foods to obtain an easement for the construction and landscaping of a City of Cape Canaveral entrance sign at the south city limits along Al A.- 5. Atlantic Ave Underground Power line. Project is pending easement agreements approval by the P&Z Board and City Council. 6. Harbor Heights Easement Vacation. Staff is preparing the legal instruments required to vacate the unused easement recorded on the Subdivision Plats 1, 2, & 3 and securing a new easement along the south line of the Harbor Heights Subdivision. Staff will batch the agreements for approval by the Planning and Zoning Board and City Council. 7. FDCC Maintenance Contract. The Florida Department of Correction Custody's Attorney reviewed the contract requests made by the City's Attorney. Anticipating a final contract for City Council approval by January 20, 2004. 0 Page 1 Page 2 of 4 Quarterly Report — I - Quarter 2004 January 8, 2004 STREETS AND BEAUTIFICATION 1. Building Air Quality: The City of Cape Canaveral has contracted to test the air quality of all City's facilities. The implementation of corrective action is work in progress. Annex carpet and ceiling renovations have been completed. 2. North Atlantic Ave Sidewalk. Staff received an Engineering design proposal from SSA in the amount of $10,000 for the design of 800 feet of sidewalk along the east side of the North Atlantic Ave connecting the pedway from City of Cape Canaveral to the Port. Additional work will be needed for the required special assessment notice and public hearings in meeting City Code 110-475(g). Staff will seek easement for the improvements. 3. Renovations have been completed in the following other areas: Little League Scoreboard Room, electrical repairs at dugout and Concession Buildings. 4. The Streets Department assisted with the Reindeer Run and all did a great job. 5. The disaster location road markings were redone (map is contained in the Hurricane Manual). 6. Beach End Signs. The final new signage for the remaining beach -ends was completed. Staff installed the new signs. 7. Plantings were done for Veterans' Day memorial; poinsettias were planted over the holidays. 8. The City's North Al sign: Staff has obtained cost estimates for lighting for the sign. Construction is pending FDOT Permitting. Staff is finalizing FDOT permitting request. Construction is scheduled to commence in January. 9. Holiday Decorations. Staff has been hard at work decorating the City of Cape Canaveral for the holidays. The City is looking great. 10. North Atlantic Ave City Sign Improvements. Staff has requested a proposal from Vila & Son for landscaping the sign area More so, Staff has ordered a City of Cape Canaveral Seal to attach to the sign. Work is in progress. 11. Butterfly Garden: A citizen had requested a Butterfly Garden to be constructed within the City of Cape Canaveral. Staff is reviewing areas for this project. This may be a good volunteer project to plant an area located at the Library and other future areas around the City of Cape Canaveral. 0 Page 2 Page 3 of 4 Quarterly Report —1 st Quarter 2004 January 8, 2004 RECLAIMED WATER 1. Plant Production: October November December 1 st Quarter Wastewater treated: 30.12 MG 26.054 MG 25.849 MG 82.023MG Reuse Cape Canaveral 15.49 MG 15.56 MG 13.839 MG 44.89 MG Reuse Cocoa Beach 0 MG 0 MG 0 MG 0 MG Port Canaveral .37 MG .15 MG 1.4 MG 1.92 MG Total Reuse: 15.86 MG 15.71 MG 15.24 MG 46.81 MG River Discharge: 14.26 MG 10.342 MG 10.61 MG 35.21 MG Rainfall: .47" .92" 2.4" 3.79" Reclaimed Customers: 4 2 1 7 2. The City's Collection Crew is working on the sewer main at the north end of the City that runs from Atlantic Avenue to the canal sewer main. There is a blockage in the old ductile line. Griner's Pipeline Inc has mobilized and will be inspecting the problem this month. Emergency repairs are complete. 3. Brown & Caldwell finalized the Reuse Report. Council reviewed the final report presentation on March 4, 2003. Due to legal requirements, the project will not be a design build as presented to the City Council. Staff requested a proposal from Brown & Caldwell for the design and bid document for the project. Due to the total dollar value, the City is required to bid the project. Design proposal was approved by Council September 2, 2003. Design and Bid Documents will be ready for Staff review in January. 4. Reuse Water Distribution Expansion Project. Staff has received a design proposal from SSA for the design of the reuse distribution system in the amount of $18,000. This project will extend the City reuse system along Adams, Monroe, Tyler and Lincoln. The Public Works Director has determined that the probable construction cost will be $265,518 based on historical data. The Engineering as -built, permitting and inspection by SSA will be $9,000. Design is work in progress 5. Griner's Pipeline Inc has mobilized and are cleaning and relining the City's sanitary sewer lines. Work will be completed January 2004. This project was budgeted and approved by City Council. 0 Page 3 Page 4 of 4 Quarterly Report —1" Quarter 2004 January 8, 2004 STORMWATER North Ridgewood Stormwater project: The concept design presented at the public meeting, Thursday August 10 was very successful. We had a good turnout of about 30 residents. 50% from Harbor Heights, 25% each from the Woods and the Oaks. The meeting lasted about an hour. The concerns of the public were would the drainage area hold water and breed mosquitoes. The second concern was the landscaping. The Public Works Director met with Ocean Oaks to review a concern with the area near the building closest to the drainage project. The request to reduce the drainage area was forwarded to SSA to review the drainage calculations and the impact to the overall project. Construction is scheduled to commence in January 2004. 2. International Drive Stormwater Project: International Drive Baffle Box is work in progress. The Contractor is scheduled to mobilize in January 2004. City staff had a public meeting with the condominiums in the area. Flyers were forwarded to the condominiums. Due to the construction delay, additional notices will be delivered. 3. Astronaut Blvd Sidewalk and Drainage Improvement. Staff received an Engineering design proposal from SSA in the amount of $22,500 for the design of 1,000 feet of sidewalk and drainage improvement along the eastside of the Astronaut Blvd. connecting the pedway from the City of Cape Canaveral to the Port. Additional work will be necessary for the required special assessment notice and public hearings in meeting City Code 110-475(g). /mh 0 Page 4 W WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 Jan 14, 2004 Re: Forth Quarter 2003 Report Dear Mr. Boucher: Waste Management provided a total of, 26 garbage collections, 14 green waste and 13 recycle collections to the single family residents. This equates to approximately 88,139 collections. In addition, service was provided to approximately 5,100 multi -family units, 45 commercial can customers, 115 commercial customers and 10 permanent rolloff accounts. A total of 52 documented concerns were received by the City during this time period and the breakdown is as follows: 22 garbage complaints, 3 recycle complaints, 33green waste and 3 general /dumpster complaints. If you have any questions or need further information, please feel free to contact me. Operations Manager Jim Tuggle BUILDING DEPARTMENT Date: January 14, 2004 To: Bennett Boucher, City Manager From: Todd Morley, Building Official Re: Building Department Quarterly Activity Report: October - December 2003 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of October - December 2003 Building Department - Overview: • Plans Examiner Todd Hazel was unable to complete his required six- month probationary period of employment. • The Building Department is pleased to have Mr. Tim Reaves as a new Building Inspector/Plans Examiner. Tim has two licenses and 15 years of construction experience, four of which were as an inspector for the City of Cocoa Beach. He fills the position left vacant by Todd Hazel. • Building Inspector Tom Bubb resigned after over two years of service to the Building Department. • The Building Department is pleased to have Mr. Dennis Clements come on- board as a new Building Inspector/Plans Examiner. Dennis is a multi - certified Inspector and Plans Examiner. He has a Bachelor' s degree in Construction and 24 years of general contracting experience. He fills the position left vacant when Mr. Tom Bubb resigned. • We are happy that Joy Daine passed the exam to receive Level I Code Enforcement certification. She attended an intensive weeklong course hosted by F.A.C.E. This training and certification further ensures quality Code Enforcement for the City. Mrs. Daine is the Code Enforcement Board Secretary. • Duree Alexander, Susan Chapman, Joy Daine and Todd Morley received special workshop training in the use of Microsoft PowerPoint. This will aid for presentations to the various boards, as the need arises. Currently the Code Enforcement Board is receiving much of the information on code cases via PowerPoint. t wldmg oepartment Quarterly Report October - December 2003 Page 2 Building Department — Overview continued: • In the wake of two employee turnovers in the last quarter, the Department staff continues to work diligently to keep up with the demand for processing new and ongoing construction projects and inspections. • No continuing education was obtained in the quarter. Proiected and on-going projects: • AJT Building — (North end of Astronaut Blvd.) Awaiting submission of site plan. • Alleyway Vacation Request- (comer of Lincoln & Johnson Avenues) — Nearing resolution. • Amoco site remodel - (At Atlantic and Astronaut) Has received pre - application review but has not submitted for site plan review. • Bayside Condominiums and Townhomes — (At W. Central and Thurm Blvd.) 100 residential units. Construction is ongoing. • Bayport Condominiums and Townhomes - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units. Construction plans under review. • Beach Side Townhomes - (Adams Avenue) Four (4) residential units. Submitted for approval to Community Appearance Board. • Canaveral Woods (formerly Ocean Woods West) — (At Ocean Woods and N. Atlantic) Nineteen (19) residential units. Construction is ongoing. • Cape Club Condominiums — (At beach -end of Jackson) Sixteen (16) residential units. Construction is ongoing. • Casa Del Vista — (S. Ridgewood Avenue) Three (3) residential units. Construction is underway. • Discovery Bay Single Family Subdivision - (Manatee Bay Drive) Three (3) residential units. Construction is ongoing. • Doug Wilson, SFR — (Holman Rd.) — One (1) residential unit. Submitted for approval to Community Appearance Board. • King Rentals — (At Central and N. Atlantic) Commercial addition plans under review. • Madison Cay (a.La. Shores of Artesia, a.La. Sand In the Shoes) — (One block south of Surf and Ridgewood) Thirteen (13) residential units. Site plan is vested. Waiting approval of street names by City Council. Construction plans under review. t3utiding vepartment Quarterly Report October - December 2003 Page 3 Proiected and on-going oroiects continued: • Majestic Bay - (South of Wachovia Bank on Atlantic) Twenty-nine (29) residential units. Site Plan approved. Foundation -only permit application under review. • Manatee Sanctuary Park (City Project) — (At West end of Thurm Blvd. N. of PW facility) Site plan approved. Currently in bidding process. • Marie Ann Villas — (Monroe at Poinsetta) Fourteen (14) residential units. Site plan approved. • Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential units. Has begun pre -application review process but has not submitted for site plan review. • Ocean Estates — (At beach -end of Monroe Avenue) Seven (7) residential units. Site plan approved. Site plan revisions approved. Permits have been applied for. • Ocean Gardens Subdivision — (At Ocean Gardens and N. Atlantic) One (1) unit under construction. • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) Forty (40) residential units. Site plan approved. Construction plans not submitted. • Pindziak - various properties still under construction. • Port Side Villas — (N. Atlantic Avenue, across from Villages of Seaport) 120 residential units. Site plan under review. • Port View Country Inn & Suites - (Just North of Racetrac on Astronaut) 154 Hotel Units. Submitted for re -approval by Community Appearance Board. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units in Phases I & H. 240 residential units in Phase III. Total # of residential units at project build -out = 404. Construction is ongoing. • Radisson Fabric Structure — (S.W. of Radisson) Construction plans under review. • River Gardens Condominiums — (On King Neptune) Thirty (30) residential units. Construction is ongoing. • Solana On The River — (River -end of Center St - Sevilla and Marbella Court.) Total of eighty (80) residential units at build -out. Construction is ongoing. • Sunrise Villas Townhomes — (N. Atlantic Ave.) Three (3) residential units. Construction is ongoing. • Tech Vest, Phase X — (Center Street) - Construction plans are being reviewed. Building Department Quarterly Report October - December 2003 Page 4 Proiected and on-zoine proiects continued: • Unnamed Condominiums - (S.E. Corner of N. Atlantic Avenue and Shorewood Drive) 40 residential units. Project approved by the Community Appearance Board. Site plan has not been submitted. • Villa Toscana — (Chandler Street) Four (4) residential units. Construction is ongoing. • Villages of Seaport (Phase 7) — (E. end of Seaport Blvd.) Total of 160 residential units at build -out. Construction of the first of four Five -story buildings has begun. Permit application for building # 2 under review. • Villages of Seaport — (W. end of Seaport Blvd.) Two townhouse buildings are under construction. The overall project is ongoing. • Villas by the Port — (Across the street from, and just N. of, Harbor and N. Atlantic) Thirty-four (34) residential units. Special Exception approved last quarter. The Community Appearance Board approved the project. Site plan has not been submitted. Recently completed proiects: • Artesia Condominiums - (comer of Buchanan & Pierce Avenues) Four (4) residential units. • Bayside Condominium Bldg. A — (At W. Central and Thurm Blvd.) Twenty -Four (24) residential units. • Cape Caribe — (Shorewood Dr.) The hotel (150 units) and one (1) time- share building (56 units) are completed. • Houston/Gabriel Townhouse — (502/504 Jackson Ave.) Two (2) residential units. Received final re -plat approval. • John Johanson Townhomes - (Adams Avenue) Two (2) residential units. • River Gardens Bldg. A — (King Neptune Ln.) Six (6) residential units. • Villages of Seaport Bldg. 65 — Four (4) of nine residential units. Permittine Statistics: (155) Permits were issued with a total construction valuation of $144,960,880.20. The department assessed $285,026.17 in permitting fees and $464,268.33 in sewer impact fees. (106) Permits were tinaled. (23) Certificates of Occupancy were issued. (619) Inspections were performed. Building Department Quarterly Report October - December 2003 Page 5 Code Enforcement Activities: Cases brought into compliance in field: 80 Number of cases presented to Board: 15 Number of current cases: 20 Total number of cases for the quarter: 115 Areas of violations by Code Section: 82-371; Posting Specification of Numbers 2% 34-98; Building Appearance and Maintenance 2% 70-69; Occupational License Required 16% 110-334; Special Exceptions 5% 34-97; Responsibilities for Maintenance of Parking '"% 94-6; Exposed Electrical Discharge Lighting 2% 34-97; Screening of Dumpster Area. 11% 34-100 Sign Appearance and Maintenance 2% 110-470; Fence, Walls & Hedges 2% 78-96; General Prohibitions and Limitations 2% 104 & 105; Florida Building Code; Permits & Inspections 23% 22-40; Approval Prerequisite for Permits 7% 110-551; Recreational Vehicles, Boats & Trailers 5% 110-538: Encroachments into Required Setbacks 2% 110-523; Home Occupational License Required 2% 34-96; Standards Established 2% 110-295; Prohibited Uses and Structures 2% 94-31; Permit Required 4% 1007.3 Florida Building Code; Treads and Risers 2% Total 100% Areas of violations by District: Section 14 Northeast Section 24% Section 15 Northwest Section 22% Section 22 Southwest Section 22% Section 23 Southeast Section 32% Total 100% Community Appearance Board: The Community Appearance Board reviewed (12) requests. (12) were approved. Planning & Zoning Board: The Board approved (1) plat and (5) site plans. The Board did not review any proposed ordinances during this quarter. Building Department Quarterly Report October - December 2003 Page 6 Board of Adjustments: The Board of Adjustments held (1) meeting during this quarter. (1) Request was made and approved. Construction Board of Appeals: The Board held (1) meeting during this quarter. (1) Administrative Appeal was submitted against the Building Official's decision. The Appeal was denied.