Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Packet 05-04-2004
CrrY OF CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 4, 2004 7:00 PM I AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEW: Andrea Schaffner, Beautification Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 20, 2004. 2. Proclamation for Civility Month. 3. Letter of Support to Brevard County for the Byrne Grant Program. CONSIDERATIONS: 4. Motion to Approve: Award Reuse Water Line Bid No. 04-02. 5. Motion to Approve: Request for State and Federal Transportation Project Funding. 6. Motion to Approve: Contract Administration and Inspection Services for the Reclaimed Water Line Extension Project. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 2of2 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 08-2004; Amending Code Section 110-352, Providing for Distance Requirements for Fireworks Sales Facilities, at second reading. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 09-2004; Implementing the Use of Civil Citations for Unlicensed Contractors and Failure to Obtain a Building Permit, at first reading. 9. Motion to Approve: Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right of Way, at first reading. RESOLUTIONS: 10. Motion to Adopt: Resolution No. 2004-17; Adopting a Citation Form. DISCUSSION: 11. Al A Sidewalk Project Update. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221) 48 hours in advance of the meeting. Memo TO: Bennett Boucher, City Manager Susan Still, City Clerk From: Ed Gardulski, Public Works Director ~7 Thru: Leo Nicholas, Beautification Board Chairperson Data April 19, 2004 Re: Interview of Prospective Alternate Board Member, Andrea Schaffner At the Beautification Board Meeting held on April 13, 2004, the Board Members interviewed Ms. Schaffner. The Board members recommended that the City Council appoint Ms. Schaffner to the Board as an alternate member. Thank you for your consideration. 0 Page 1 Andrea Schaffner 506 Tyler Avenue Cape Canaveral, FL 32920 Dear Andrea: T of Cape Canaveral As Chairperson of the Beautification Board, I represent the Board in thanking you for your interest in applying for the position of a Beautification Board Member. I will submit a letter of recommendation to our City Council for your appointment as an alternate Board Member. The City Clerk will contact you when this item will be on the City Council Agenda. Sincerely, Leo Nicholas Beautification Board Chairperson cc: Susan Stills, City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmvflorida.com/cane • e-mail- ccanPcanavernIOA rrrnm tl INIAR 7 5 2004 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITT Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their Civil rights have been restored. Please Complete the following in the space provided: A. GENERAL ,1 1. Applicant Name: rl f Cke a SCh a.� CY- 2. Home Address: 50(o T�fi1' hVen U& v 3. Home Telephone: yo - 3D8Y 4. Occupation: W r e, 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or Committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of_ adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. 4b. if yes to 3a, have your civil rights been restored? Do yoU presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: M Z(N) m �N) m (N) (Y)— (N) -Z 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being ap appointed to a board or committee. Do you voluntarily initials consent to having a standard background check / performed on you by the City of Cape Canaveral? m V (N) 6a. Are you related to a City of Cape Canaveral Council / member by blood, adoption or marriage? (Y) (N) V 6b. if yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in sgrving on a City advisory board !r' rn✓� �kv)JiI- rnu 11 KJ anc! I�'S dtr_Chc_r» lel 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please W any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: ors �e�e rnan vrev1t� �n�oYinatcrn-� s Sfcros. ll�l rK nc 2Y'- In Co /h s d.¢<S U r acs we(.0 ri.S�eCf ►r1Qn a.ae"i1 t. i e hertl'ur rs uc i' dr q no✓ Cr 4. In numerical sequence (1 = most interested), please rank which advisory `60ard c?r committee on which you wish to serve: orre Ofd ryletn J, pd nc4 pleS el y �� fo bocwd Mad -eV -S. a. 3 Beautification Board b. Board of Adjustment' c. �. Business and Cultural Development Board d. a Code Enforcement Board' e. �Community Appearance Board` f. Construction Board of Adjustment and Appeals` 9- Library Board h. Planning and Zoning Board' i. Recreation Board j. Other. 'Members of these hoards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year Wowing the inifial appointment while stiH a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDE African-American Male Asian -American _a/ Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311,326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND 1F APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: okd/ N� Date:����� Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 20, 2004 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Building Official MINUTES Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton Bennett Boucher Anthony Garganese Susan Stills Ed Gardulski Todd Morley Mayor Randels expressed his sincerest apologies to the Council, the City Clerk, Board members and staff for his absence from this year's Board Appreciation dinner. Mayor Randels announced that Mr. Stan Kammerude of Stan's Hardware passed away. Mayor Randels said that Stan had been a member of the community for 40 years and he will truly be missed. Mayor Randels called for a moment of silence. PRESENTATION: Presentation from Fairvilla Megastore to the City of Cape Canaveral Mr. Vinnie Russomanno of the Fairvilla Megastore presented a check for $4,083.20 to the City Manager toward beautification of Manatee Sanctuary Park. Funds were raised during a recent fundraising event. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 2of8 Spring Single -Family Beautification Award Mr. Leo Nicholas, Beautification Board Chairperson, explained that each quarter the Beautification Board presents an outstanding award to a resident or commercial property in the City. This quarter acknowledged the Single Family category. Mr. Nicholas informed that the Beautification Board also posted 'We Noticed" recognitions on properties that displayed landscaping improvements. Mr. Nicholas said that the Board would forward Mr. Craig Donceel of 625 Manatee Bay Drive his plaque and gift certificate since he was not available to receive them. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 6, 2004. 2. Proclamation for National Public Works Week. 3. Resolution No. 2004-14; Appointing One Alternate Member to the Community Appearance Board (R. Wasserman). Mayor Randels asked if any Council Member, staff or interested party desired to remove an Item from the Consent Agenda for discussion. No request was made to remove any item for discussion. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 through 3. 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. Randels informed that the theme of this year's Public Works week "Focused on Our Community" was a befitting title. CONSIDERATIONS: 4. Motion to Approve: Cooperative Purchase of Landscaping Services with Vila & Son. Mayor Randels informed that this project had been ongoing for seven years for the City's south entrance sign. The project will be completed in three phases. Mr. Gardulski informed that Vila and Sons has performed many of the Florida Department of Transportation landscaping projects, the City's north entrance sign, the Port's welcome sign and the A1A Beautification project. Mr. Treverton asked if any vegetation would be lost if the sign is moved. Mr. Gardulski replied that room was available for the design concepts. The concept plan is similar to the landscaping at the beach end signs. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 3 of 8 A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve the Cooperative Purchase of Landscaping Services with Vila and Son in the Amount of $8,462.00 for Landscaping of the City's South Entrance Sign on State Road A1A. 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. 5. Motion to Approve: Proposal from J & S Curb, Inc. to Construct Sidewalks in the Amount of $30,187. Mr. Gardulski explained that this approval is for sidewalk installation on two sides of the perimeter area to the south and west of Yogi's Discount Beverage store as part of the landscape project. Mr. Nicholas summed up that the existing sign removal and project's cost totaled approximately $40,000 total. All agreed that the potential benefits outweighed the costs. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Proposal from J & S Curb, Inc. to Construct Sidewalks in the Amount of $30,187. 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. 6. Motion to Approve: Award Bid No. 04-01, Wastewater Treatment System Improvements to Waterline Industries Corporation in the Amount of $917,677. Mayor Randels explained that this project was initiated as a result of the study done by Brown and Caldwell, Inc. Mr. Gardulski explained the three elements of the project as: 1) to increase the storage and pumping capacity of our reuse water system, 2) to replace the chlorine feed system with a sodium hypo -chlorite system and 3) to make improvements to the laboratory ventilation system. Mr. Gardulski emphasized the safety factor of implementing the new chlorine system. Mr. Gardulski stated that two of the three items are impact fee eligible excluding the laboratory ventilation system maintenance. Mayor Randels informed that this project is a budgeted item and explained how sewer impact fees can be used to address the expenses of the City's growth. Mr. Treverton asked if only three bids were received. Mr. Gardulski affirmed. Mr. Treverton noted that the project costs were within 5% on each proposal. He also inquired how the company would perform the project since they are based in New Hampshire. Mr. Ralph Dumke replied that the company has a local office in Melbourne. The company has performed projects for the City of Cocoa Beach and is currently performing a project for the City of Melbourne. He explained to the Council that the company would recruit local labor to perform the work stating that it is the equipment that caused the bulk of the project's expense. Mayor Randels replied to Mr. Sean Schaffner's question on using the low bidder in that inability to perform the project is the criteria that would disallow them the City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 4 of 8 award. The City is not however required to use the lowest bidder. Staff performs inquires of other cities to find out if the intended bidder delivered quality service. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Award of Bid No. 04-01, Wastewater Treatment System Improvements, to the Low Bidder, Waterline Industries Corporation in the Amount of $917,677. 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: 7. Motion to Adopt: Ordinance No. 06-2004; Adopting a New Division Entitled Code Enforcement Citations, at second reading. Mayor Randels read Ordinance No. 06-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, THROUGH THE ADOPTION OF A NEW DIVISION ENTITLED CODE ENFORCEMENT CITATIONS; PROVIDING FOR A CIVIL CITATION PROGRAM; PROVIDING THAT CITY CODES MAY BE ENFORCED BY CIVIL CITATION WHEN SPECIFICALLY PROVIDED FOR BY THE CITY CODE; CITATION FORM AND PROCEDURES; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CITATION CONTEST PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels explained that this ordinance was first heard on April 6th where changes were made to the Class II fine amount to $200 and to the effective day to within 30 days of the adoption. Mayor Randels read the ordinance whereas clauses in their entirety. Mayor Randels explained that the intent of this ordinance is to project the health, safety and welfare of the general public. Mr. Treverton asked if the Citation Classification code applied to all violations incurring penalties. Attorney Garganese said that currently this ordinance would apply only to the fireworks ordinance however application procedures could expand in the future. Mr. Treverton revisited the $200 fee for a Class II violation and asked the Council if $100 would be a more reasonable fine. Discussion followed and Council agreed to retain the $200 fine. Mayor Pro Tem Hoog commented on enforcement and said, for a first offense the child would be delivered home with a warning, and on a second offense the child's parents would be cited. The Building Official stated that the fine for this ordinance could evolve based on necessity. Mr. Schaffner expressed that there are an excess of fireworks on July 4th that point to a definite need for ticketing to gain public awareness that this is a problem. Mayor Randels explained that the City plans to rent mobile signage to inform the public that discharging fireworks in the City would result in a fine. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 5 of 8 Mr. Boucher informed that his office would issue a press release to inform the public of the impending fine as well as publish an article in the City newsletter. Ms. Bea McNeely emphasized that a $200 fine would get the public's attention. Mr. Nicholas asked if the fine is a fixed amount of $200. Mayor Randels affirmed. Mr. Boucher said that fireworks discharge would incur a $200 fine per occurrence. Attorney Garganese stated that the Court has the authority to increase the amount up to $500. Attorney Garganese replied to Mr. Schaffner that a Civil Judgment would occur if the violator fails to pay or contest the citation. Council agreed to retain the $200 fee in the Class II category. Attorney Garganese referred to a Draft Citation form that was included in the Agenda packet and the form would be approved by Resolution at the next City Council meeting. Mr. Treverton expressed that he favored the paperless citation system. The Sheriffs office would look into the potential of a digital citation method as used in the City of Melbourne. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 06-2004; To Adopt a New Division Entitled Code Enforcement Citations, 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. Mayor Randels acknowledged Mr. Jim Tuggle, Supervisor of Waste Management, Inc. Mr. Tuggle solicited the audience for any comments, suggestions or concerns on the City's solid waste service. Mr. Morgan related that the service people damaged newly planted landscaping at his home. Mr. Tuggle made note of his concern. Ms. Andrea Schaffner, of 506 Tyler Avenue, inquired about the driver's responsibility when lifting the large dumpsters stating that it sprayed debris over the back of the truck. Mayor Randels replied that all trash should be containerized within a dumpster. Ms. Schaffner also related that a driver had made turns using her front yard so she installed a stake to deter this practice, now the driver is using her driveway to make the turns. She expressed concern with the impact of the trucks weight on the driveway. Mr. Tuggle replied that private drives are not to be used and made note of her concern. He also said that he and the Code Enforcement Officer are addressing community issues in an effort to make the service more effective. Mayor Randels informed that if any resident has a concern with solid waste service they should call Kim McIntire the City Manager's Administrative Assistant. Mayor Randels concluded that due to the Monday yard waste pick-up, the City benefits aesthetically for the remainder of the week. 8. Motion to Adopt: Ordinance No. 07-2004; Amending Chapter 78, Utilities; Providing for the Mandatory Connection to the City's Sewer System Where Available, at second reading. Mayor Randels read Ordinance No. 07-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE MANDATORY CONNECTION TO THE CITY'S SEWER SYSTEM WHERE AVAILABLE; City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 6 of 8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels reviewed the proposed changes to the code: 1) connection shall take place 365 days following notification, and 2) the owner or plumber contemplating the work shall notify the Public Works Director. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 07-2004 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. ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 08-2004, Amending Code Section 110-352, Providing for Distance Requirements for Fireworks Sales Facilities, at first reading. Mayor Randels read Ordinance No. 08-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING DISTANCE REQUIREMENTS FOR FIREWORK SALES FACILITIES WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels read the ordinance whereas clauses in their entirety. Mr. Treverton stated that currently there are no pre-existing fireworks sales facilities. Mr. Boucher replied that this ordinance would establish the location for any subsequent facility once one is established. Mr. Morgan requested a map citing where the facilities could be located. Mr. Nicholas inquired too about the possibility of a fireworks facility in proximity to the tank storage facilities in the M-1 Zoning district. Mr. Boucher replied that space was too limited to construct a facility near the storage tanks, however the City Planner developed a map of all available property within a 1,000 -foot possible radius. The map will be included in the next Agenda packet. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 08-2004 at first 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. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 7 of 8 REPORTS: City Manager Mr. Boucher reported that the next City newsletter is due for publication in May. Council member were encouraged to provide input. Mr. Boucher informed that staff has been working on the annexation issue. He expressed some observations: beach front zoning districts are R-3, many non -conforming uses are present, minimal or no beach -end parking, some roads are inverted and storm drainage needs attention. He also reported a tax base of $64 million. Mr. Boucher expressed that if studies support that annexing the Avon -by -the -Sea result in a financial concern for the City of Cape Canaveral, then he would not recommend continuing the pursuit of annexation with the Council. He would provide additional information some time in mid-May. Mr. Boucher informed that the City Manager of Cocoa Beach would like to hold a joint meeting with the Cape Canaveral Council and the Brevard County District Representative to address re -locating the Freedom 7 Center. Mr. Boucher replied that a position paper outlining what the organizations needs are would help to address the issue. Mr. Boucher will relate to Mr. Billias that the Council is willing to meet given further information. 2. Staff Public Works Director • Mr. Gardulski announced the upcoming bid for the Reuse project. Building Official • No report. City Clerk • Ms. Stills announced the annual Cape View Elementary Third Grade visit that includes a tour of City Hall, a tour of the Canaveral precinct and a mock City Council meeting for the student participants. The activity is schedule for Wednesday, April 281h beginning at 9:30 A. M. City Attorney • Attorney Garganese informed that he distributed a draft Intent to Sell Land Agreement. • Attorney Garganese also informed that he prepared the Benko Construction Agreement for the staging project area at the end of Center Street. AUDIENCE TO BE HEARD: There were no comments from the audience. 3. City Council Mr. Miller 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 8 of 8 Mr. Morgan • No report. Mr. Treverton No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoag reported on the intended Brevard County Charter Review committee. The proposed County Charter would take over much of the authority granted to the cities by Municipal Home Rule. Council concluded that the City newsletter could be used to educate the public of this activity. Mr. Boucher informed that the Double Exemption on property taxes could result in a roll forward and a subsequent increase for some taxpayers. Mayor Randels stated that 421 homes in Cape Canaveral are appraised at under $50,000. Mayor Pro Tem Hoog encouraged Council members to attend next year's Legislative session. He would also attend the Elected Officials Institute in Orlando. Mayor Randels • Mayor Randels commented on the City's foresight to establish an ordinance prohibiting Adult Arcade entertainment centers. • Mayor Randels restated that Cape Canaveral would have 421 homes with $4,968,540 of property value that would not incur taxes under the Double Exemption method of property appraisal. • Mayor Randels informed that Cape Canaveral was chosen for an Earth Day celebration on Thursday at Cherie Down Park • Mayor Randels announced that Cape View Elementary is having their 6"' Grade final awards ceremony at Cherie Down Park on Monday, May 17th. Mayor Randels will acquire permit exemption from Brevard County for the park use. • Mayor Randels related the events of a pit bull that knocked down one resident and attacked a pet on a leash at the City's playground. He commended the Sheriffs deputies for going door-to-door to locate the owner. • Mayor Randels reported on the benefits of defibrillator use. • Mayor Randels announced that he has an opportunity to go to Washington and speak regarding a Senate Bill for $318 billion and a House Bill for $270 billion outlining transportation issues. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:22 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of May 2004 as CIVILITY MONTH And call upon all citizens to exercise civility toward each other. H. r CITY, COUNTY AND LOCAL GOVERNMENT LAW SECTION www.loc-gov-law.org CHAIR: Kenneth W. Buchman P.O. Box 5 Plant City, FL 33564 (813)659-4242 kbuch@tampabay,rr.com CHAIR -ELECT Craig H. Coller 111 NW 1st St., Ste. 2810 Miami, FL 33128 (305)375-5151 chc@miamidade.gov SECRETARY/TREASURER: Kathryn Kaye Collie 201 S. Rosalind Ave., FL. 4 Orlando, FL 32801 (407) 836-5690 kaye.collie@occompt.com IMMEDIATE PAST CHAIR: Thomas Pelham P.O. Box 11240 Tallahassee, FL 32302-3240 (850)681-0411 tpelham@towlerwhite.com BOARD LIAISON: Gwynne Alice Young (813) 223-7000 gyoung@caritonfields.com EXECUTIVE COUNCIL: Terms Expiring 2004: District 1 Can L. Roth Tallahassee (850)224-2608 District 2 Mary Helen Campbell Tampa (813)272-5670 Terms Expiring 2005: District 3 Liz Hernandez Miami (305) 460-5218 District 5 Vivian Monaco Orlando (407)836-7320 Terms Expiring 2006: District 4 Susan L. Trevarthen Ft. Lauderdale (954) 763-4242 Terms Expiring 2004 At -Large Members: Emeline C. Acton Tampa (813) 272-5670 Grant Alley Ft. Myers (239) 332-6709 James L. Bennett Clearwater (727)464-3354 Edward A. Dion Fort Lauderdale (954)357-7600 Howard Lenard Miami (305)948-2939 Karl Sanders Jacksonville (904) 633-7979 Ex -Officio Members: All Past Chairs SECTION ADMINISTRATOR: Carol J. Kirkland The Florida Bar ckirkland@fiabar.org March 11, 2004 Mayor Rocky Randels P.O. Box 326 Cape Canaveral, FL 32920 Re: Proclamation and Pledge of Civility in the Month of May Dear Mayor Randels: Please join with other cities and counties in the State of Florida to proclaim May as Civility Month. Like last year, we have expanded our program to include Florida's district school boards. We hope that the pledge of civility will uplift the tone and conduct in your meetings. Civility uplifts our common life, and invites citizens to participate in their government. The art of civility requires constant application everyday. The attorneys of the City, County and Local Government Law Section of The Florida Bar ask you to renew the pledge of public conduct. A sample proclamation is enclosed for your use. We urge all citizens to exercise civility toward each other throughout the year. Thank you for your attention to this important matter. Sincerely, Kenneth W. Buchman Chair Enclosure KWB:ck THE FLORIDA BAR/651 EAST JEFFERSON STREETITALLAHASSEE. FLORIDA 32399-2300/ (850) 561-5631/FAX: (850)561-5825 PROCLAMqTION Whereas, the open exchange of public discourse is essential to the democratic system of government; and WhereaS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WhereaS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and ` fWreas, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WftereaS, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now, therefore, be It resolved, by the City Commission of the City of that the month of May is proclaimed as Civility Month, and calls upon all citizens to exercise civility toward each other. Passed and adoptedthis day of , 2004. ATTEST: CLERK Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Consent Item 3 No. County memo and sample letter AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: LETTER OF SUPPORT TO BREVARD COUNTY FOR THE BYRNE GRANT PROGRAM DEPT./DIVISION: LEGISLATIVE Requested Action: City Council authorize the mayor to send a letter of support on behalf of Brevard County's Byrne Grant Application as requested by Assistant County Manager Stockton Whitten. Summary Explanation & Background: The county is seeking $357,807 in Byrne Grant funds. Exhibits Attached: County memo and sample letter City Mana s�OfFice Department LEGISLATIVE ca \my ocument in\council\meeting\2004\05-04-04\byrne.doc 04/27//04 TUE 14:20 FAX 321 6332115 COUNTY XANAGER iii Cape Canaveral BREVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Office of the County Manager (321) 633-2004 Brevard County Government Center (321) 633-2115 fax 2723 Judge Fran Jamieson Way, Building C, Viera, FL 32940 TO: Brevard City/Town Mayors and Managers /l/ir V/A SAX `a FROM: Stockton Whitten, Assistant County Manage SUB]. Byrne Grant Proposal DATE: April 26, 2004 9 001 Please find attached a Byrne Grant Proposal from the Brevard County Sheriff's Office. As I have advised you previously all proposals submitted to the Florida Department of Law Enforcement require consent of 51% of the cities within Brevard County. I will be submitting this program proposal to the Byrne Grant Advisory for their review and subsequent submittal to the Board of County Commissioners. Please have your Council/Commission review the above referenced proposal and vote whether or not they are in favor of the proposal via the consent letter. Please advise if you have questions or require additional clarification. SW/s Attachment 04/26/04 MON 16:04 FAX 321 6332115 COUNTY KANAGER -*4-r Cape Canaveral 131REVAMia BOARD OF COUNTY COMMISSIONERS Brevard County Government Center 2725 Judge Fran Jamieson Way, Building C, Viers, FL 32940 April 15, 2004 Mr. Bennett Boucher City Manager Cape Canaveral Post Office Box 326 Cape Canaveral, FL 32920 Dear Mr. Boucher: FLORIDA'S SPACE (321) 633.2115 fax Ln At yesterday's regular meeting of the Brevard County Board of County Commissioners the Board appointed an Advisory Board to review program/project proposals under the Florida Department of Law Enforcement (FDLE) Byrne Grant Program. I have enclosed informational material on the Byrne Grant. The Advisory Board would be responsible for reviewing proposals and submitting recommendations to the Board of County Commissioners for funding recommendations to the FDLE. The Board ved the following composition or authorized representatives for the Advisory Board: appro • The Chief Circuit Judge • The State Attorney • The Public Defender • The Brevard County Sheriff • A Chief of Police designated by the Police Chiefs Association • The Brevard County Manager • The Superintendent of Education • A Representative of a Local Drug Treatment Program (Circles of Care) Because the application package is tentatively due to the State on or before lune 8, 2004, and there receive notice of your intent to participate or the name of your authorized designee as are a limited number of Brevard County Board of County Commissioners meeting dates, I would tike to possible. soon as Thank you in advance for your assistance. Please advise if I can provide further information or provide additional clarification. Sincerely, Stockton Whitten, Assistant County Manager Enclosure 04/27/04 TUE 14:20 FAX 321 6332115 COINn MANAGER ;ate Cape Canaveral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SERIOUS HABITUAL OFFENDER COMPREHENsivF- ACTION PROGRAM JUVENILE TRACKING INITIATIVE APRIL 5, 2004 1. AGENGy IDENTIFICATION INFORMATION Brevard County Sheriff's Office 700 S. Park Ave. Titusville FL. 32780 2. PROBLEM IDENTIFICATION Brevard is one of the 10 largest and most populated counties in the State of Florida. The County has a population of just over 500,000 citizens who reside across 14 municipalities and a large unincorporated area. Dubbed the "Space Coast", Brevard County is home to The Kennedy Space Center. The County has a linear geography, being 72 miles in length and 20 miles wide. With over 70 miles of beaches, an international Airport, and the world's second busiest seaport at Port Canaveral (home of Disney Cruise lines), Brevard is also well-known for its parks and golf courses, all of which help to Luing over 2.3 million international tourists to Brevard each year. The Brevard County Sheriffs Office is the primary law enforcement service provider for the 190,000 citizens in the unincorporated areas of the County. Moreover, there are 72,000 school -aged children in Brevard County in 89 public schools. As with all progressive law enforcement agencies, the Brevard County Sheriffs Office is constantly searching for new technology and resources to reduce crime and improve the quality of life for its citizens. It is well documented that juvenile crime comprises a significant portion of the overall picture of crime throughout the country. The national Criminal Justice Resource Center reports that, on average, juvenile crime accounts for about 17% of all crime in any local jurisdiction. Moreover, nationally, juvenile offenders account for one in every ten murders, one in every eight drug offenses and one in every three property crimes. Studies have shown that repeat juvenile offenders on probation often commit additional crimes, resulting in further victimization to the community. Society as a whole should have a reasonable expectation that juvenile offenders on probation are being adequately supervised and kept under the control of the criminal justice system. In 1999 the Brevard County Sheriffs Office implemented a Serious Habitual Offender Comprehensive Action Program or SHOCAP for juveniles. SHOCAP is a program that prioritizes and selects from over 650 juveniles on probation, the 30 most serious and habitually offending juveniles in Brevard County. Those selected are from all jurisdictions within Brevard County and must be currently on probation for habitual criminal behavior. Some juveniles in the program have as many as 20 referrals (arrests) on their record. A single SHOCAP Deputy and a part time Deputy from the Brevard County Sheriffs Office intensely supervise their probation, strictly enforcing the conditions of probation and reporting all violations to a judge. However, the SHOCAP Deputies do not work alone. SHOCAP is part of a cross -agency agreement with a horizontal link into the State Attorney's Office, Florida Department of Juvenile Justice, Q002 04/27/04 TUE 14-20 FAX 321 6332115 COtSNn MANAGER Odd Cape CanaTeral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 0003 Florida Department of Children and Families, Brevard Schools, and the 1P judicial circuit judiciary. Each month a council is convened and the SHOCAP list is made. The SHOCAP Deputy is one of the first to "meet and greet" the juveniles on that list. While on intensive probation there are many restrictions for the SHOCAP juvenile, including: random urine tests for drugs, curfew restrictions, no further violations of the law, required attendance at school, and restricted access to certain people and property. Juveniles selected to participate in this program come from any or all of the 14 jurisdictions as well as the unincorporated areas in Brevard. With a jurisdiction so targe and having 30 serious habitual juvenile offenders to supervise, it is easy to see why the SHOCAP deputy is challenged to locate and supervise this population. There is widespread agreement within the criminal justice community that finding effective ways to supervise these juvenile offenders is one of the most significant challenges we face. in Brevard County, law enforcement officers on patrol have neither the time nor resources to track these offenders. With a single deputy and a part-time deputy to monitor these juveniles it becomes difficult to detect and deter further criminal acts by the SHOCAP offender. With the knowledge that a small number of juvenile offenders commit a disproportionate number of crimes, public safety is truly at risk without proper tracking and monitoring of these juveniles. in 2002 for Brevard County, there were a total of 4805 juvenile delinquency referrals (arrests) received by the Florida Department of Juvenile Justice. These include: 712 Assault and Batteries, 581 misdemeanor thefts, 188 Marijuana possessions, 148 disorderly conducts, 10 sex offenses, and 18 concealed weapons. Given that the average crime clearance rate in Brevard County is 27%, the actual number of crimes committed by juveniles can be estimated to be, at minimum, 3 times the number actually recorded. Moreover, the only juvenile detention facility in Brevard County is the Brevard Regional Juvenile Detention Center. it is a secure facility with 52 fixed beds located in the Northern portion of the County. in 2002, there were 1340 juveniles booked into the detention facility with an average stay of 14 days. Thus, the juvenile crime problem in Brevard presents a serious dilemma and illustrates the need for additional resources to ensure the safety of the general public. 3. PROGRAM DESCRIPTION The Brevard County Sheriffs Office is requesting consideration for funding from the Edward C_ Byrne Formula Grant funds 2005, to implement a SHOCAP juvenile tracking program. We believe our proposal is eligible for funding under Program Area 16A.02 of the authorized program areas of this grant. Moreover, Brevard County has never used any portion of the Edward C. Byrne Grant formula award under this program area. This proposal is to create a program of electronic monitoring that eliminates the two elements that lead to crime for juvenile offenders: opportunity and anonymity. This concept proposes the use of Byrne Grant funding to hire a civilian crime analyst, and for the purchase of 15 GPS t GIS devices to be used to track SHOCAP Juvenile offenders white in the program. Currently, the Brevard County Sheriff's Office has one full time and one part time deputy sheriff assigned exclusively to the SHOCAP program. The work is accomplished in partnership with numerous agencies, but primarily with the Florida Department of Juvenile Justice who oversees detention and probation for all 04 04/27/04 TUE 14:21 FA.X 321 6332115 COUNTY MANAGER 444 Cape Canaveral Brevard County Sheriff's Office Concept paper 200S Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Q004 of the juveniles on probation in Brevard County. Although current resources meet the minimal, reactive needs of the program, service gaps exist which inhibit the functionality of the program in a proactive sense. The SHOCAP deputies could be made much more efficient and effective in their monitoring of these juvenile offenders through the implementation of this program THE GOALS OF THIS PROGRAM ARE: ➢ Reduce Crime by SHOCAP juveniles on probation; ➢ Reduce the fear of SHOCAP juvenile crime Increase SHOCAP juvenile offender accountability; and A Provide a workforce multiplier for the SHOCAP Deputies The capacity for monitoring offenders is actually beyond the 15 requested in the grant. As juveniles move through the program and either violate probation or improve their behavior and are dropped from the SHOCAP list, the vacant tracking device will be utilized by another juvenile taking their place in the program. It is estimated that a minimum of 60 juveniles will be monitored with the tracking devices in one year. It is understandable that there is concern in our communities over the inability of SHOCAP deputies to proactively supervise so many repeat offender juveniles, especially those involved in violent crimes. There is a legitimate fear of repeated assaults by these juveniles, particularly in domestic violence cases. While the ideal solution is the secured detention of violent juveniles, facility over -crowding and time-consuming judicial processes all work to cause the undesired release and subsequent probation status of many of these juveniles who are resultantly a threat to their communities. Both the volume of cases and the lack of staffing place severe limits on any law enforcement agency seeking to conduct surveillance or effective tracking of these juveniles to prevent or deter the commission of additional crimes. However, it is possible to use small, individual GPS devices that, once placed on the juvenile (usually with a secure band around the ankle), use 2 -way wireless data communication and can be programmed with inclusion 1 exclusion zones to restrict the individual within their court authorized or ordered boundaries. These zones can be used to notify the monitoring agency that an offender is departing a jurisdiction or that the offender is approaching a victim's home, work place, school, or other restricted location. However, the greater value is not in apprehending a repeat offender, but in using the device as a tool to prevent or deter criminal acts. Because the technology is new, there is little longitudinal data to support the use of GPS units on juveniles on probation. However, it is widely known that if probationers have knowledge that they are being tracked it eliminates the criminal rationale of anonymity and denial. To successfully facilitate the project, the Brevard County Sheriffs office will establish guidelines and protocols to ensure the effective operation of the following procedures: 3 04/27/04 TUE 14:22 FAX 321 6332115 COUNTY MANAGER 434 Cape Canaveral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Pormula Grant Program • Secure from the Brevard County Chief Judge an amendment to the present administrative order concerning electronic monitoring of adult offenders, to allow for the placement of GPS devices on juveniles on probation as well; • Process and place GPS devices on SHOCAP juveniles, pursuant to a court order; • Coordinate with the GPS monitoring company to establish inclusion t exclusion zones relating to designated juveniles; • Install software programs and provide training to the crime analysts to allow the active monitoring of offenders fitted with GPS devices; • Institute a crime analysis program that identifies and correlates the GPS tracking data of SHOCAP juveniles and geographic locations of reported crime. It is our belief that this initiative is the genesis of a much larger trend in court ordered control of criminal offenders. Already a similar program is being implemented on a State level involving high-risk parolees. In the short term, this program will have a significant affect on the juvenile crime problem in Brevard County. In the long run, this initiative will help lay the foundation for future tracking projects by providing an introduction and model to: the Department of Juvenile Justice, the State Attorney's Office, the Brevard County Sheriffs Office, and the local judiciary. Inevitably, the entire criminal justice system, including the juveniles involved as well as the citizens of Brevard County, will benefit greatly from this program. EvAwmioN The evaluation of this program will be based on the measurements of the following objectives over the next 12 months, 1. To reduce the criminal violations of SHOCAP Juveniles by 10% in a 12 month period 2. The number of juveniles in the SHOCAP program (through rotation) who have received GPS devices 3. The number of investigative referrals to other agencies or units within the Sheriff's Office, where SHOCAP GPS information was used. 4. The number of SHOCAP Juveniles whose probation was violated in whole or in part as indicated by the tracking data. 5. The number of GPS information reports produced by the intelligence analyst 4 BuDGF.T INFORMATWK See belgw for budget information rd IZ 005 04/27/04 TUE 14:22 FAX 321 6332115 COUNT/' MANAGER Cape Canaveral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Q 006 a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you wile use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. C. Show all figures rounded to the next highest dollar; do not Include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits $21,874 $24,691 $46,565 Contractual Services $52,200 $52,200 Operating Capital Outlay Expenses Indirect Costs �i. Totals $74,074 $24,691 $98,765 5 04/27/04 TUE 14:23 FAX 321 6332115 COUNTI MANAGER X44 Cape Canaveral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. if Please respond to the following five items before providing the details of the Budget Narrative. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a. Identify your specific sources of matching funds. A County General Fund cash match will be requested from the Brevard County Board of County Commissioners. Is match available at the start of the grant period? Yes b. If match wig be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) MIA 2, If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? Yes: XXX if yes, please list number and title of position and type of benefits. A total of 1 net civilian crime analyst positions will occurred due to this funding. Benefits for this position are the standard benefit package provided for all employees of the Sheriffs Office 3. Indicate the OCO threshold established by the subgrantee. $ 750 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. No Indirect Costs 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. 7 (it 008 04/27/04 TUE 14:23 FAX 321 6332115 COUNTY MANAGER 444 Cape Canaveral Brevard County Sheriff's Office Concept paper 2005 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a. What is the basis for the unit costs? NIA b. How recently was the basis established or updated? NIA ACTUAL BUDGET SALARIES AND BENEFITS CATEGORY $46,565 S1-1 Civilian Investigative Crime Analyst $46,565 CONTRACTED SERVICES/OPS CATEGORY $ 52.200 C1.15 GPS Active Tracking Personal Attachments for 1 year $52,290 OPERATING CAPITAL OUTLAY $00.00 EXPENSES CATEGORY $00.00 GRAND TOTAL $98,765 0 0 009 04/26/04 MON 16:06 FAX 321 6332115 COUNTY MANAGER 444 Cape Canaveral 10008 —, ..•6•�•••• t.,L7tz2ll mrorrnarlon Page l of -5 Flori"al Of LaI valet to... � __ Sates/► Nle :DLE zJ resour centers Ep-110ose One Citizen's Career Criminal FTDLE Edward Byrne Memorial State and local Law Enforcement Assistance Formula Grant Program The purpose "Provides state and local units of government grant funds in setting up projects designed to address the problems of illegal drug use and violent crime and to improve the functioning of the criminal justice system." The Edward Byrne Memorial Stale and Local Law Enforcement Assistance Formula Grant Program (Byrne Program) is administered at the federal level by the U. S. Department of Justice. The program purpose is to promote the states' efforts to prevent and control crime, violence and drug abuse and to improve criminal justice systems. Byrne funds are allocated to individual states via a population -based formula. The Florida Department of Law Enforcement (FOLE) administers the Byrne Program for the state of Florida. Program Strategy and Purposes Units Of local government must use the Byrne Program funds to implement projects that offer a high probability of improving the functioning of the criminal justice system, aggressively and effectively responding to violent crime, or reducing drug trafficking and abuse. Projects must comply with the 28 federally authorized program areas and may provide personnel, equipment. direct services, training, technical assistance, and public information, They may include a range of activities including provision of prevention, intervention and enforcement initiatives. 4Click here to view the 28._progrr areas. Allocation information There are two parts to each year's award of federal funds under the Byrne Program resulting from federal congressional mandates: I- Mandated distribution between local and state subgrants: hitp://www.fdle.stale.f).uS/granI.qBYRNE/byrne—dcralI-htm 4/13/2004 04/26/04 MON 16:07 FAX 321 6332113 COUNTY MANAGER 4.+4Cape Canaveral Q010 � Y§ A v ragr-am tictall information Page 2 of 5 9 At least 61.56 % of the total federal grant award must be distributed to local units of government. * The remaining 38.44% can be retained for state agency projects. contingent upon approval by the Florida Legislature. 2. Mandated support for criminal justice system improvement: o At least 5% of the total federal grant award must be used for the improvement of criminal justice records. These funds can come from either or both of the local or state share funding allocations. Florida has established an allocation formula that governs the distribution of the 61.56% local share funds. Each county is allocated a sum of money for use by alt local governments within the county. This amount is determined through a funding algorithm established in administrative rule. OClick here to view current and prior year county allocations. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the interior. Program Evaluation Each program must include one or more Uniform Objectives. These are established by FDLE and will be the basis for the quantitative part of contractually required quarterly performance reports_ The Uniform Objectives are grouped according to the 28 program areas. *Click here to view Uniform Objectives. Project -Specific Objectives may also be established and incorporated into the quarterly reports. They will result in mandatory reporting. In addition, if a subgrantee wishes to track additional items, Self - Generated Objectives may be established. -these may be tracked as part of the quarterly report but will not be mandatory. Program Development Process Chapter 9B-61.008, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of the Byrne funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement and the Department requests the county board of commissioners to coordinate requests for all local governments within the county. The Chairman, Board of County Commissioners, in each county is requested to return to the Department a Certificate of Participation indicating the county's willingness to serve as the coordinating unit of government, in the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. http://www.fdie.state.D-us/grants/BYRNE/byme.-detail.httn 4/1-VPpA4 04i26l04 MON 16:07 FAX 321 6332115 COLtNn MANAGER iii Cape Canaveral 0011 .,y„+c: t rogCam Ueteil Information Page 3 of 5 To accomplish these tasks, the Department encourages each county to appoint a Substance Abuse Policy Advisory Board. The membership of this board should include at a minimum the following persons or their authorized designee- Chief Circuit Judge, State Attorney, Public Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment programs. Each county is also encouraged to designate an Office of Substance Abuse Policy to assist with these tasks. Application Requirements Chapter 98-61, Florida Administrative Code, governs program administration and funding. Local governments should thoroughly review rule provisions before applying for subgrant funds. In addition, each year FDLE sends a notification of anticipated federal funding to each county. This notice includes any application instructions that may be specific to the current year. The chairman of the county commission is requested to designate a county coordinator to coordinate the application process at the local level. FDLE provides the application and instructions to the county coordinator to share with other eligible applicants. Within each county, eligible applicants are required to reach consensus on the use of allocated funds. Letters documenting this consensus must accompany applications submitted for funding consideration. The letters must represent at least 51 percent of the units of government, which also represent at least S1 percent of the population located in a county. Match Requirements Applicants must supply no less than 25 percent of a project's total cost in cash from non federal funds; however, Indian Tribes are exempt from this matching requirement. These matching funds must be funds that would not have been available for reduction of drug trafficking and abuse and violent crime and criminal justice system improvement efforts in the absence of federal funds; that is, they must represent an additional local effort in addressing these problems. Funding Period Most Byme-funded projects are eligible to receive funding for up to 48 months. The purpose of the time limit is to encourage innovative programming. After that time, it is hoped that the project will have been a success in the community, showing the worth of the project, and that the project will be continue through use of local funds. The 48 months do not have to be consecutive. but will be tracked on a cumulative basis by the state. The limitation on funding applies to all projects with the exception of multi -jurisdictional drug task forces, victim assistance programs and multi -jurisdictional gang task forces. Note that those task forces that are not multi -jurisdictional and those not focused on drug control or on gang activities are not eligible for this exemption. htip://www.fdle.state.fl.us/€;rants/BYRNEibyrnc_detail.htni 4/13/2M4 GOt]NTY MANAGER 444 cape Canaveral 0 012 0!26i0,„���vL7ain 16:08 FAX IntOrmatlon5 Page 4 of 5 Reporting Requirements Successful applicants will be required to report information to FDLEfor Performance Reporting System (PRS) - this is a quarterly report that will show progress on objectives set forth in the grant application, dick for.infornation_on P�5 and Cquart�rly. R�Rs Other reports due to FDLE will include: ::y Pinancial Claim Reports Click here for forms o Financial Close-out Package Click hergfo_r„form and instructions. X33 Program Generated Income Report Clipk_hpre for forms and in_ tructions.. p According to the Office of Management and Budget, a non-federal entity expending less than $300,000 in Federal Funds during the audit period is not required to submit an annual audit. If your agency has expended less than $300,000 complete the Certification of Audit Exemption form below. Certification of Audit Exemption Form - Click here for form. Distribution of Funds Grant funds are distributed on a reimbursement basis. Requests for reimbursement can be submitted on a monthly or a quarterly time frame and should include total expenditures for the period reflected. A cash advance is possible for up to 25% of the grant award if the Subgrantee is able to document a hardship. Federally Required State Program Documents An annual report is submitted to the U.S. Department of Justice each year. This document provides information on the statewide accomplishments of the Byrne Program. 30ick here to view the SFY 2001 Annual Report. JClick here to view the SFY 2002 Annual Report. 'Click here to view the SFY 2003 Annual Report. Each state is required to develop a Criminal Justice Records Improvement Plan. This document guides the use of the 5% set-aside funds for the Byrne Program, as well as, all funds under the National Criminal History Improvement Program (NCHIP)_ +Click here to view the FFY 2002 CJRI Pian. :)Click here to view the FFY 2002 Amendment to the CJRI plan. Click here to view the FFY 2003 Amendment to the CJRI plan. htip://www_ fdlc.state.tl_us/grants/BYRN E/by. ne_dctai 1. htm 4/)3/2004 04/26/04 MON 16.08 FAX 321 6332115 COUNTY MANAGER Cape Canaveral 0 014 �yrnc rrogr= Areas Page] of 3 arid:! Department � of I-MIr Enforcement Choose One S*anb Ilan FDLt :ii• 7T r6sourCP Centers !j 11 tiliZsn's Career c";7i. 1 ivstise rDLE 28 Program Areas Edward Byrne Memorial State and local taw Enforcement Assistance Grant Program 1. Demand reduction education programs in which law enforcement officers participate 2• Muitiyurisdictional task force programs that integrate Federal, State, and/or local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence and facilitating multi -jurisdictional investigations_ 3. Programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and cannabis cultivations. 4. Providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions $" Disrupting illicit commerce in stolen goods and property. 6. Improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes, and fraud against the government with priority attention to cases involving drug-related official corruption. 7a, improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang - related, and low-income housing drug control programs. 7b. Developing and implementing anti -terrorism plans for deep draft portsi airports, and other important facilities. , nternational 8. Career criminal prosecution programs, including the development of model drug control legislation. 9. Financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information sharing systems. 10. Improving the operational effectiveness of the court process by expanding prosecutorial, defender, and judicial resources and implementing court delay reduction Programs. http://www.fdle.slate.fl.usIL,.rants/I3YRNE128%20pr(,)gram%20areas-BYRNF,.htm1 4/13/M04 04/26iO4 MON 16:09 FAi 321 633115 COUNn WAGER _)44 Cape Canaveral Q015 kfyrne Program Areas Page: 2 of 3 11, Programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies. 12_ Providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution. 13. Providing programs which identify and meet the treatment needs of adult and juvenile drug -dependent and alcohol -dependent offenders. 14. Developing and implementing programs which provide assistance to jurors and witnesses and assistance (other than compensation) to victims of crime. 15a. Developing programs to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case management, and monitoring of drug -dependent offenders and enhancement of state and local forensic laboratories. 15b. Criminal justice information systems to assist law enforcement, prosecution, courts, and corrections organizations (including automated fingerprint identification systems). 16. Innovative programs which demonstrate new and different approaches to enforcement, prosecution. and adjudication of drug offenses and other serious crimes. 11_ Addressing the problems of drug trafficRing and the illegal manufacture of controlled substances in public housing 18. Improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly 19. Drug control evaluation programs which state and local units of government may utilize to evaluate programs and projects directed at slate drug control activities_ 20. Providing alternatives to prevent detention, jail, and prison for persons who pose no danger to the community. 21. Programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales 22. Prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles 23. Programs that address the need for effective bindover systems for the prosecution of violent 16- and 17 -year-old juveniles in courts with jurisdiction over adults for the crimes Of: a. Murder in the first degree. b. Murder in the second degree. c. Attempted murder. d. Armed robbery when armed with 8 firearm. e. Aggravated battery or assault when armed with a firearm. f. Criminal sexual penetration when armed with a firearm. g_ Drive-by shooting. 24_ Law Enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs. 25. Developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. http://www.fdle.state. fi_us/grants/BYRN E/28%20program%20areas-BYRN E.htlii) 4/13/2004 04i28iO4 MON 16:09 F.+LT 3.1 633.115 COUNTY MANAGER 444 cape canaxeral Q016 8yrnc Program Areas Page 3 of 3 26. To develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities_ a. Law Enforcement Officer Training in Anti -terrorism b. Enhancing Enforcement Capabilities for Responding to Terrorist Acts 2T Enforcing child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. 28. Establishing or supporting cooperative programs between law enforcement and media organizations, to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders. http://�vww. fdle.state. flus/granWBYR N E/28%20prt)gram%20areas-BYRNE.litml 4/13/2444 04//26/04 MON 16:09 FAX 321 6332115 Florida Department of Law Enforcement cmNTI BUNAGER 4-» cape Canaveral Q017 April 4, 2003 Byrne Program Local Share Allocation by County FFY 2002 and FFY 2003 County FFY 2002 FFY 2003 County FFY 2002 FFY 2003 Alachua 284,053 288,260 Lake 181,095 184.420 Baker 89,962 91,276 Lee 315,108 320,756 Bay 213,360 216,578 Leon 267,148 270,984 Bradford 94,381 95,735 Levy 103,927 105,593 Brevard 353,035 357,607 Liberty 37,048 37,591 Broward 1,171,346 1,190,672 Madison 84,349 85,579 Calhoun 77,454 76,603 Manatee 256,140 260,180 Charlotte 118,580 120,251 Marion 216.870 220,678 Citrus 96,452 97,889 Martin 177,977 180.742 Clay 110,603 109,375 Monroe 188.163 190,595 Collier 205,532 210,238 Nassau 99,971 101,650 Columbia 131,655 133,728 Okaloosa 136,727 138.748 Dade 1.590.482 1,611,144 Okeechobee 116,339 118,109 DeSoto 113,305 115.116 Orange 753,435 766,258 Dixie 85.033 86,344 Osceola 199,467 203,143 Duval 667,493 676.952 Palm Beach 730,760 743.599 Escambia 290,591 294,581 Pasco 220,647 224,015 Flagler 96.300 94,532 Pinellas 716,954 724,892 Franklin 106,730 108,347 Polk 400,712 406,528 Gadsden 108,832 110,326 Putnam 153,168 155,245 Gilchrist 36.601 37,212 Santa Rosa 99.907 101,992 Glades 83,385 79,216 Sarasota 305,361 309,651 Gulf 82,420 83,625 Seminole 280,378 284,808 Hamilton 86,734 88,037 St. Johns 131,265 133,876 Hardee 100,193 101,724 St. Lucie 213,112 216,410 Hendry 110,269 112,007 Sumter 94,914 90,168 Hernando 115,205 116,959 Suwannee 93,133 94,594 Highlands 103,019 104,579 Taylor 103,573 105,084 Hillsborough 815,748 827,516 Union 42.001 42,631 Holmes 37,578 38,121 Volusia 389,587 395,077 Indian River 159,323 161,757 Wakulla 59,928 61,029 Jackson 62,288 63,099 Walton 72,919 74,271 Jefferson 134.579 136,601 Washington 58,123 59,003 Lafayette 19,608 18,628 Total $15,252,335 $15.464,734 NOTES: - FFY 2002 total allocation of $15,252,335 includes approximately $43,004 in residual funds from prior years. - FFY 2003 total allocation of $15,464,734 includes approximately $23,459 in residual funds from prior years. BREVAR(3 BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Office of the County Manager (321) 633-2004 Brevard County Government Center (321) 633-2115 fax 2725 Judge Fran Jamieson Way, Building C, Viera, FL 32940 April 14, 2004 Mayor Rocky Randels Post Office Box 326 Cape Canaveral, Florida 32920 Dear Mayor Randels: Please find enclosed information regarding the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (Byrne Grant). As you are aware the Bryne Grant, under 28 federally authorized program areas (enclosed), provides funding to local governments to implement projects/programs that offer a high probability of improving the functioning of the criminal justice system. The Byrne Grant Advisory Board on behalf of the County is now accepting concept papers/applications (format enclosed) for projects/programs that you feel may meet the requirements of the Byrne Grant. In order for the Advisory Board to submit its recommendation to the Board of County Commissioners for their approval and submittal to the Granting agency is it necessary to receive concept papers/applications by April 30, 2004. As you may be aware letters (format enclosed), approving the distribution of funds, from at least 51 percent of the local units of government, representing at least 51 percent of the county population must be submitted with the applications submitted to the Florida Department of Law Enforcement. I would ask that you schedule approval of this letter for your municipality something in early May meetings so that I will have them in time for approval of the application package by the Board of County Commissioners on May 18, 2004. Thank you in advance for your cooperation. Please advise if you have questions or require additional clarification or information. Sincerely, GA Stockton Whitten, Assistant County Manager APPENDIX I - FIFTY-ONE (51) PERCENT LETTERS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Letters from at least 51 percent of the local units of government, representing at least 51 percent of the county population must be submitted with the application for funding. The letters should follow the format presented below. Each letter must be signed by the chief elected official of the unit of government identified as approving the distribution of funds. (DATE) Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: In compliance with State of Florida Rule 1ID-9, F_A.C., the (city or county) approves the distribution of $ (total allocation available) of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following projects within (county): Subgrantee Dollar Amount (City or County) Title of Proiect (Federal Funds) Signature Block Typed Name Typed Title FDLE Byrne Formula Granf Application Pa_ckage _ ___ 51% Letter of Approval Revised 04/04/2003 Appendix 1 - Paoe 1 Meeting Type: Regular Meeting Date: 05-04-04 AGENDA Heading Considerations Item 4 No. This project is to be funded with sewer impact fees. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BID AWARD 04-02, RECLAIMED WATER LINE EXTENSION DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the award of Bid No. 04-02, reclaimed water line extension to the low bidder, Wiring Technologies, in the amount of $239,886 as recommended by the public works director and city engineer. Summary Explanation & Background: This is a planned and budgeted project to install 5,364 LF of reuse lines as follows: 100 block of Adams Avenue; 200 to 600 block of Monroe Avenue; 100 to 400 block of Tyler Avenue; and 100 to 300 block of Lincoln Avenue. This project is to be funded with sewer impact fees. I recommend approval of the bid to Wiring Technologies. Exhibits Attached: Public works director's memo and supporting documents City Mana s ffice Department PUBLIC WORKS/WWTP P cape m\mydo s\ n\council\meeting\2004\05-04-04\04-02.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 26, 2004 RE: City Council Agenda Item for May 6th 2004 Bid Award 04-02 Reuse Distribution lines and Services The City of Cape Canaveral has had a high public demand for reclaimed water services to additional areas within the Avon by the Sea Subdivision. This area has an estimated 145 potential customers. The area was targeted because of the large number of potential customers and the number applications the City has received. More so, some of our citizens have made application with payment for reuse water and have been waiting for over two years.. The Public Works Director Staff received a design and bid documents from SSA for the design of the reuse distribution system. 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 $9,500. The total project cost is estimated to be $293,018 The City of Cape Canaveral Advertised Request of bids no. 04-02 for Directional Boring of Reuse Distribution Lines and services. A pre-bid meeting was held on April 16th at 10:00 A.M. in the City Hall Annex. Seal Bids were accepted until April 22, 2004 until 2:00 P.M. The City of Cape Canaveral received three bid packages. The Low bidder is Wiring Technologies with the bid in the amount of $239,886. SSA reviewed the bid package and found that Wiring Technologies meets the basic requirements of the project. This project is 100% Enterprise Fund Impact Fee eligible. Recommend the awarding Bid 04-02 to Wiring Technologies in the amount of $239,886 and the appropriation of the necessary funds. Apr 27 04 01:29p 4079350685 p.2 Sent via Fax (321) 868-1233 April 27, 2004 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Palk Avenue Cape Canaveral, FL 32920 RE: Reclaimed Water Line Extension Dear Ed: By request of the City of Cape Canaveral, City of Cape Canaveral Reclaimed Water follows: SSA SSA has reviewed the three (3) bids for the Line Extension Project. The bids were as 1. Wiring Technologies ......................$239,886.00 2. Cornerstone Business .................... $289,623.20 3. WM Kriston .................................... $291,637.00 In addition, SSA has contacted the references for the lowest bidder. Based on review of the costs and the discussions with the references, SSA recommends the award of the Contract to Wiring Technologies. Please be advised that this project appears to be 100% eligible for use of impact fees. �Sincerely, John A. Pekar, PE Senior Vice President 3"m'r]1.F..R Sr.AGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. CORPORATE OFFICE: 68301 Nonh Atlantic Avenue t'. O. Box 1830 Cape Canaveral, Florida 32920 Tcl 321.763.1320 Fax 321-793.7065 50IB East Oak Street Ivasimmee, Flntida 34744 Tel: 407.9350049 Pax: 407-935{06x';5 EMAIL: ssaosceotad? eUAtkrstagg.com Lic. #AAC004329 #E,B(XM7611 *LBIAX1'6700 Ascnver11c1pxn:lin�'s dmuncn&s john pekarled gardulski Itndo City of Cape Canaveral, Florida RESULTS OF BID OPENING DATE: ,i- 2ti - 26,5 y ' TIME; 'S: P: M. PLACE: k1 !I 4titx Staff Present: Ll 0,'c G)eriLs .U(,yeeoer v/Jci i*)r i cl:5 A) H55T. Pub 11,01 ,1 I, 'Ice z.. J5 ,jn .1f:ll5 64x cle: iz ITEM(S) FOR WHICH BIDS WERE RECEIVED: � C4 j O� 63 (a rid Ve"d REQUEST FOR PROPOSAL NO. d y 6:15tr'tT7°" °� �ecra;med w/d COMPANY CITY & STATE �) d;r,1e 34-c.ie d a es5 & 32.2 Ze 4, hyr A,'1131 iedh .16 e . e5 -T'1 Li .sl J J !v . - -, L Aar 27 04 12:28p LARRY B MORRIS 352 324 3120 p.2 W'rxaxx4c� Z1tiT4r, REFERENCES H & B Consulting Engineers Various projects at Center Hill and Lake Panasoffkee, Florida 8" through 16' water pipe installation. Approximately 4,500 LF Tom Wille 352-793-2113 or cell 352-303-8457 Orange County Public Utilities - Orlando, Florida Various projects ranging from $ 300:000.00 to $ 1,250,000.00 InstaNation of water mains, force mains, lift stations, fire hydrants, services and other accompanying facilities. 7,7 7 Z Owner: Brad Bell -- Orange County 407-835-727Cell 407-947-9702 St. Johns County Utilities - $ 1,997,000.00 Contractor: Utilx Corporation — Larfy Morris — Manager Engineer. Metorplex, Inc— Paul Ina-- Jacksonville, Florida 904-384-6772 Owner. St Johns County Utilities — Herb Vandermark — 904-471-2"61 Water Mains 6,066 LF 20" HDPE & 35CO LF 14" HDPE South Seminole North Orange County Wastewater Transmission Authority $ 450,000.00 Contractor: Ryan Eastern — Larry Morris — Manager Engineer. Rockett & Associates, Inc — Mike cannon / Lowery Rockett -- 407-894-3804 Owner: South Seminole North Orange County Wastewater Transmission Authority Force Mains 4,250 LF 16" PVC Fax: (407) 862-1964 871 Sunshine Lanc, Suite 105, AlUnnontc Springs, Fl 32714 Phone: (407) $624)290 APR-27-20104 13:46 WIRING TECHNOLOGIES 407 862 1964 P.01/0! -i WIRING T&Ss ts GIE, INC. WON Custorner References Orlando Regional Healtheacre Systems 1414 Kuhl Avenue Orlando, FL 32803 Contact: Sam Tilt, RCDD Phone Number: (321) 841-5111 x8837 Various on-going projects, $1M in 2003 Not Bonded Orlando Utilities Commission P.O. Rox 3193 Orlando, FL 32802 Contact: Debbie Crow, Phone Number. (407) 236-9621 Various on-going prpjects, 346,000 in 2003 Not Bonded The Orlando Sentinel 633 Noath Orange Avenue Orlando, FL 32801-1349 Contact: Silvio LaFrossia Phone Number: (407) 420-6245 Various on-going projects, $84,000 in 2003 Not Bonded Orange Lake Country Club 8505 West Irlo Bronson Highway Kissimmee FL 34747 Contact: Erich Tines Phone #407-239-0000 Various on-going project, $218,000 in 2003 Not Bonded VZ--. 1AA^7% 04'7 1c6<A 071 C ----L:-- T .. .. — , i,n H& -B Engineering Inc. Projects Engineered: City of Center Hill $275,000 Lake Panasof ee Water Assocication $95, 000 Contact Name: Mr Tom Willie 352-793.2113 CM Group 450 S. Orange Avenue Orlando, PL 32801 Contact: Jerry Perkins Phone Number, (407) 650-9400 Various on-going projects, $146,000 in 2003 Not Bonded Full Sail 3300 University Blvd. Wint r Park FL 32792 Contact Mike Olson Phone Number: (407) 679-0100 Various en -going projects, $140,000 in 2003 Not bonded Florida Hospital 601 E. Rollins Street Orlando, FI, 32803 Contact: Doug Sallin Phone Number: (407) 303-5579 Various on going projects, $710,000 in 2003 Not bonded TOTAL P.©1 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension Brevard County, Florida SSA Job No. 04-0002 SECTION 00300 BID s+ For City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension Cape Canaveral, Florida Submitted in Triplicate: ►1 Aa. , 2004 City Clerk, City of Cape Canaveral 105 Polk Avenue q. Cape Canaveral, FL 32920 Gentlemen: The undersigned, as Bidder, herebydeclares that the only person orpersons 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 r- 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, Li 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 the form of contract specified, 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. LJ 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. 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 BID 00300-1 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension Brevard County, Florida SSA Job No. 04-0002 BID SCHEDULE ITEM QTY UNIT DESCRIPTION UNIT PRICE PRICE 1. 1 L.S. Mobilization $ oo.w $/2100... 2. 1 L.S. Construction Survey $ 1 40c.w $ )`ca•• 3. 1 L.S. Traffic Maintenance $ '2;%a••) $ ol�tov.•• 4. 1 L.S. Re -Use Line Testing $ 40o... $ 5. 5,704 L.F. 4" PVC $ q , $ to? 6. 1 EA. 8" x 4" Cross $ dao..- $ 4xa• 7. 4 EA. 6" x 4" Cross $ -715c).— $ 3000 . oe 8. 2 EA. 6" x 4" Tee $_ (v 4 o. w $ 1-11.5- 9. 1 EA. 6" Butterfly Valve $ 153o.w• $ 1 S36.e* 10. 1 EA. 8" Butterfly Valve $18 (00. e. $1160.00 11.. 10 EA. 4" x 45" Bend $ 32,17— $ 3-aSn.ve 12. 4 EA. 4" x 22-1/2' Bend s-330-0. $ 131.0. P. 13. 5 EA. 4" End Cap $ 35, nb $ 1 b1 S.00 14. 5 EA. 2" Blow -Off Assembly 15. 2 EA. Connect New 4" Reuse Main to Existing 4" Gate Valve $ '135. ao $ l 41 O.Oo 16. 1 EA. Remove Existing 4" Plug and Connect Proposed 4" Reuse Main $ '4 on $ 41 D, o � 17. 1 EA. Remove Existing 6" Cap $ 300.40 $ 300.00 18. 147 EA. Re -Use Service Connection (Single) (1") $ 1S.uv $ 4.3�g4S.00 19. 147 EA. Re -Use Service Sprinkler/Hose Bibb Assembly Total $ Z3 (In words) � �,... L.P i'�►.�►1�`-r1.�...1 fr,�a �.,....1� C,Yh+I, S. x t�))�„� / �n �,,�, $ 2 °i, 8�t,.,a. Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: AddendumNo. Dated:4�� �y Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: NOTES: 1. Bid price includes applicable appurtenances to make proper connection of proposed reuse mains to existing reuse mains. Removed blow -off assembly and other appurtenances shall become property of City of Cape Canaveral Public Works Department. 2. Bid price includes removal and restoration of existing asphalt and base pavement, concrete curb and gutter, and concrete sidewalk, as applicable. 3. Quantities shown are estimated quantities for bidding purposes only. Actual quantities shall be field measured and shall be paid to Contractor based on specified Unit Price for bid item. BID 00300-3 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension Brevard County, Florida SSA Job No. 04-0002 SECTION 00480 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of f- .1, ) Y County of ) ss. A Ode- , being duly sworn, deposes and says that: (1) He is oft,uj z i�� .�,6, -Lk-, the Bidder that has submitted the attached bid: (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 anyway 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 STATE OF FL,r, 4 COUNTYOF Personally known OR Produced Identification o (Type of Identification) a` day of I 20 u Notary Public - State of name of notary public) END OF SECTION /,15, Jofm E C;IdttMoo Jr Al.• My co"KrAs" 00087M MON Ja xmq 2T. 2008 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00480-1 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension �7 Brevard County, Florida SSA Job No. 04-0002 SECTION 00670 1! LETTER OF TRENCH SAFETY COMPLIANCE Bidder to fill in, and submit with bid prior to execution of the Agreement. DATE: Lf TO: City of Cape Canaveral, Owner RE: City of Caae Canaveral Reclaimed (Re -Use) Water Line Extension (Contract Title) z. GENTLEMEN: This letter is written to give assurances that, as Contractor for the above -noted construction, we will comply with the applicable trench safety standards during the work of this Contract. We have considered the costs per linear foot for Trench Safety Measures and the cost per square foot for special shoring requirements, and have incorporated these costs into related item on the bid forms. The provision shall in no way affect the Conditions of Contract relating to changes in the work or adjustments for differences between estimated Quantities on the Bid Form and measured -in-place completed Work. In case we subcontract any portion of the Work which is subject to the "Trench SafetyAct", we will be responsible for obtaining assurance of compliance with applicable trench safety standards from the subcontractor. Very truly yours, Contractor S ly (Authorized Signature) END OF SECTION LETTER OF TRENCH SAFETY COMPLIANCE k4 00670- 1 REFERENCES H & B Consulting Engineers Various projects at Center Hill and Lake Panasoffkee, Florida 8" through 16" water pipe installation. Approximately 4,500 LF Tom Wille 352-793-2113 or cell 352-303-8457 Orange County Public Utilities - Orlando, Florida Various projects ranging from $ 300,000.00 to $ 1,250,000.00 Installation of water mains, force mains, lift stations, fire hydrants, services and other accompanying facilities. Owner: Brad Bell — Orange County 407-836-7274 Cell 407-947-9702 St. Johns County Utilities - $ 1,997,000.00 Contractor: Utilx Corporation — Larry Morris— Manager Engineer: Metorplex, Inc — Paul Ina — Jacksonville, Florida 904-384-8772 Owner: St Johns County Utilities — Herb Vandermark — 904-471-2161 Water Mains 6,066 LF 20" HDPE & 3500 LF 14" HDPE South Seminole North Orange County Wastewater Transmission Authority Contractor: Engineer: Owner: Force Mains $ 450,000.00 Ryan Eastern — Larry Morris — Manager Rockett & Associates, Inc — Mike cannon / Lowery Rockett — 407-894-3804 South Seminole North Orange County Wastewater Transmission Authority 4,250 LF 16" PVC Fax: (407) 862-1964 871 Sunshine Lane, Suite 105, Altamonte Springs, Fl 32714 Phone: (407) 862-6290 Diller Brown & Associates Various projects from 6" through 16" Bill Nelson 407-673-2800 or cell 321-231-1823 STATE OF FLORIDA CERTIFIED UNDERGROUND UTILITY LICENSE CU -C043116 Fax: (407) 862-1964 871 Sunshine Lane, Suite 105, Altamonte Springs, Fl 32714 Phone: (407) 862-6290 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MORRIS, LARRY BEDFORD WIRING TECHNOLOGIES INC 604 WATERWOOD DR YA,ARp FL 34797 STATE OF FLORIDA AC# 097350 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CUC043116 07/17/03 200438977 CERT UNDERGROUND & E%CAV CNTR MORRIS, LARRY BEDFORD WIRING TECHNOLOGIES INC IS CERTIFIED under the provisions of Ch.489 TS. respiration dates AUG 31, 2004 L03 07 17 0 080 9 DETACH HERE # 0 9 7 3 5 0 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L03071700809 ,. - LICENSE NBR 7/17/20031200438!97,7 CUC043116 The UNDERGROUND UTILITY & ZAUAVA -LViV v:V Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004, MORRIS, LARRY BEDFORD WIRING TECHNOLOGIES INC 1620 E SR 46 GENERA FL 32732 Meeting Type: Regular Meeting Date: 05-04-04 AGENDA Heading Considerations Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING DEPT./DIVISION: LEGISLATIVE Requested Action: City Council prepare and approve a transportation project list to be submitted to the Brevard Metropolitan Planning Organization. Summary Explanation & Background: I have attached last year's project list and ranking, and I am requesting feedback and a motion for approval for this year's project submittal. The due date is 05-24-04. Please advise. Exhibits Attached: MPO letter; 2003 Project List and Instructions City Ma er's ffice - - Department LEGISLATIVE cape- docu n�siltFsin 'ng\2004\05-04-04\tnpo.doc 2725 Judge Fran Jamieson Way, Bldg. A Melbourne, Florida 32940 Telephone: (321) 690-6980 Fax: (321) 690-6827 DATE: April 12, 2004 TO: City Managers Technical Advisory Committee Members Growth Management Subcommittee Members FROM: Kama Dobbs, Transportation Planr`07<� L-21 SUBJECT: Request for State and Federal Transportation Improvement Funds and Locally Funded Project Information Each year the MPO is required to prepare a five-year work program of transportation projects planned for the Palm Bay -Melbourne -Titusville Urbanized Area. This five year program, the Transportation Improvement Program (TIP), is the basis for receiving federal and state transportation funds. Preparation of the TIP begins with the MPO establishing project priorities for the Brevard County area. To prepare this document, we need your assistance. There are two steps in the TIP process that must be completed by you. The first is to submit information regarding locally funded and implemented projects for inclusion in the FY 2005 - 2009 TIP. The second is to submit requests for projects to be federally funded, which will be prioritized for inclusion in the FY 2006 - 2010 TIP or future TIP's. The requirements for each step are described in the enclosures included with this letter. Enclosures for each step are grouped together. We would appreciate receiving completed forms for both steps by MAY 24, 2004. The Growth Management Subcommittee will meet in late June to evaluate project requests and submit preliminary priority recommendations to the TAC, CAC and MPO to review at their meetings in August. A submittal reminder letter and meeting information will be sent to GMSC members in early May. If you have any questions regarding either process, or would like an electronic copy of the TIP or project request form, please call me at 321-690-6890 or send an e-mail to: kdobbs@brevardmpo.com. REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTINGJURISDICTION: City of Cape Canaveral 2. JURISDICTIONS PRIOP.ITY VATHIN THE CATEGORY: I 3. PROJECTLOCAmON: SR A1A, International Drive and N. Atlantic Avenue (401 ) 4. REQUESTEDACTION: Reconfigure alignment of intersection 5. DESCRIPTIONOFPROBLEM: International Drive and N. Atlantic Avenue are offset with the alignment of SR A1A, thus an unsafe area 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Th i G nrn j — t is recommended within the SR A1A Transportation Alternatives Study b. If No, what type of study maybe needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: Port interchange project resulting in increased traffic volume and growth in area 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves of this project REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: . City of Cape Canaveral 2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 2 3. PROJECT LOCATION: SR Al A and Columbia Drive 4. REQUESTED ACTION: Construct a pedestrian overpass 5. DESCRIPTION OF PROBLEM: There presently is no safe way to cross SR AIA at this intersection 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions N/A b. If No, what type of study may be needed to better define the Droblem and/or solution(s): Warrant Study 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THATMAYAFFECT REQUESTED ACTION: Canaveral Port Authority Interchange, increase traffic volume S. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves of this project REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTION'S PRIORITY: 3 3. PROJECT LOCATION: SR Al A and rcel iimhi a priyc 4. REQUESTEDAc-nON: Install traffic signal with pedestrian features 5. DESCRIPTION OF PROBLEM: Will help to make this intersection safe for vehicles and pedestrians 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: NSA b. If No, what type of study may be needed to better define the problem and/or solution(s): Warrant study 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: increased traffic due to growth in this service area 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: FDOT will not lower speed limit; traffic volumes are increasing, safety is major concern REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: 2. JURISDICTION'S PRIORITY: 3. PROJECT LOCATION: 4. REQUESTED ACTION: 5. DESCRIPTION OF PROBLEM: 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: b. If No, what type of study may be needed to better define the problem and/or solution(s): 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTINGJUPISDICTION: City of Cape Canaveral 4 2. JURISDICTION'S PRIORITY WITHIN THE CATEGOP.Y: - 3. PROJECT LOCATION: SR Al A 4. REQUESTED ACTION: Install overhead boom/mast arm signals (4) locations 5. DESCRIP71ONOFPROBLEM. City is on a barrier island; current signals are subject to severe wind damage 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions within the SR A1A Transportation Alternatives Studv Identified b. If No, what type of study may be needed to better define the problem and/or solution(s): Upgrade to new standard 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council . approves of this project; will help to keep traffic flowing after a storm event REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 5 3. PROJECT LOCATION: SR Al A 4. REQUESTED ACTION: Street lighting plan and implementation 5. DESCRIPTION OF PROBLEM: Street lighting on SR A1A is deficient 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified within the SR AIA Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A S. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves; project will provide safety for vehicular traffic and pedestrians REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTIONS PRIOP17Y VAT HIN THE CATEGORY: EGORY: 6 3. PROJECT LOCATION: SR Al A 4. REQUESTEDAc71ON: Synchronize traffic lights 5. DESCRIPTION OF PROBLEM: Current signalization interrupts traffic flow 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified within the SR A1A Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE. City Council approves REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTIONS PRIORITY VATHIN THE CATEGORY: 7 3. PROJECT LOCATION: SR Al A 4. REQUESTED ACTION: Design and construct an urban roadway profile for SR A1A 5. DESCRIPTION OF PROBLEM: Installation of an urban roadway will provide safety for vehicles as well as pedestrians 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Recommended within the SR A1A Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAYAFFECT REQUESTED ACTION: N/A 8. SUMMARIZE PUBLIC COMMENTRECEIVEDTO-DATE: City Council approves Project Requests for Priority Consideration for State and Federal Funding in FY 2006 — 2010 Preparation of the TIP begins with the MPO annually establishing project priorities for the Brevard County area. Enclosed is a blank standard form titled "Request for State and Federal Transportation Project Funding". Under the provisions of the Transportation Equity Act for the 21st Century (TEA -21), transportation projects on arterial and collector roads under the control of both local governments and FDOT are eligible for federal funding. The "Request for State and Federal Transportation Project Funding" form is the method by which local governments inform the MPO of desired improvement projects on arterial and collector roads. In general, projects that will be implemented by FDOT using state and/or federal funds should be included on the form. The MPO will consider these projects when it prioritizes transportation needs for funding consideration. Detailed instructions for completing the form are enclosed. Please note that the purpose of the form is to advise the MPO of potential new projects that should be considered for state and federal funding only. The forms are not to report projects that will use local transportation improvement funds. There are several categories of projects included in the MPO Priority list. The categories generally correspond to state and federal funding sources and are described in detail below. Project requests should fit into one of these categories. In addition to the main priority list categories, the MPO also prioritizes Transportation Enhancement projects and Traffic Operations projects. Enhancement application packets were sent to local jurisdictions in March, with a submission deadline of April 14, 2004. Enhancement applications will be reviewed by the Bicycle, Pedestrian and Trails Advisory Committee (BPTAC), which will make priority recommendations to the MPO. The funding set-aside by the MPO for traffic operations projects is currently committed to the projects that were prioritized in 2003, therefore new Traffic Operations projects will not be considered this year. The MPO strongly urges the council or commission of each local government to adopt the project list prior to submission to the MPO. This will ensure that the public, staff and elected officials are aware of the project list and that the projects included on the form(s) represent the local government's position. Additionally, in order to satisfy the requirements of Department of Community Affairs (DCA), all projects being considered for inclusion in the FDOT Work Program must be supported by the local jurisdiction's Comprehensive Plan. Therefore FDOT will be requiring documentation of Comprehensive Plan support in the form of a map or project list including the project, or a policy that clearly supports the project. The FDOT is currently implementing procedural changes to introduce Efficient Transportation Decision Making (ETDM) and Socio Cultural Effects (SCE) evaluation. These new procedures are being implemented statewide in an effort to streamline the planning and programming of projects and to seek participation from environmental and other regulatory agencies and the public in the early stages of a project. ETDM and SCE have been developed over the last few years in an effort to streamline the project development process. ETDM and SCE are being implemented as a pilot program with assistance from the Federal Highway Administration (FHWA). The ETDM process utilizes a web based Environmental Screen Tool (EST) to provide project information and GIS based environmental and cultural resource data to reviewing agencies and the public. An Environmental Technical Advisory Team (ETAT) has been established for each FDOT District. The ETAT is made up of staff representatives from regulatory agencies such as US Fish and Wildlife, the Florida Department of Environmental Protection and the St. Johns River Water Management District. The ETAT will be responsible for reviewing proposed projects and determining potential impacts prior to the programming of funds for each project. The ETDM process has two distinct steps. The first is the "Planning Screen". The Planning Screen will be conducted at the time of updates to the MPO's Long Range Transportation Plan to determine up front the feasibility of projects and any potential environmental or socio -cultural impacts. The second step is the "Programming Screen". Projects in the MPO's Priority List will be required to complete the Programming Screen prior to the allocation of funding by FDOT. The Programming Screen will result in a determination of the environmental Class of Action needed to meet National Environmental Policy Act (NEPA) requirements. This determination will allow FDOT to fund the appropriate first phase of each project in the Work Program. Programming could be further study to produce an Environmental Impact Statement (EIS) or could be Design. Due to this new procedure, FDOT will not be programming PD&E studies after FY 2009. The MPO will still have the option to request funding for feasibility, corridor or other planning studies. However PD&E will no longer be required for the programming of Design funds. This procedural change will likely have some affect on the way the MPO prioritizes projects and will be discussed at the Growth Management Subcommittee (GMSC) meeting this summer. For your convenience, a copy of the MPO's 2003 Priorities, updated to reflect funding programmed in the FDOT FY 05-09 Tentative Work Program, and a list of the projects you submitted last year are included. If your jurisdiction's priorities have not changed since last year, you do not need to submit a new request form. However, comprehensive plan citations (Line 10) and evidence of your council or commission's continued support for the projects should be submitted. Completed forms and other enclosures should be received by MPO staff by MAY 24, 2004. The Growth Management Subcommittee will meet in late June to evaluate the requests and submit preliminary priority recommendations to the TAC, CAC and MPO to review at their meetings in August. A submittal reminder letter and meeting information will be sent to GMSC members in early May. If you have any questions regarding the project priority process or the requirements for submitting projects, please contact MPO staff at 321-690-6890 or send an e-mail to kdobbs@brevardmpo.com. FY 2006 - 2009 Request for Federal Funding Project List by Jurisdiction Updated to include 2003 MPO Project Priority Staus and Tentative FDOT FY 05-09 programming status. Jurisdiction Category Priority I Location Requested Action F Brevard County Highway 1 Babcock St.: At US 192, Palm Bay Rd. & Malabar Rd, Intersection Improvements (ROW and CST) Brevard County Highway 2 Wickham Rd.: at NASA Blvd. & Ellis Rd. Realign Intersection (ROW and Construction) Brevard County Highway 3 Palm Bay Parkway: Malabar Rd. to US 192/1-95 Design, ROW and Construction Brevard County Bridge 1 Max Brewer Bridge Design and Construct replacement bridge Caps Canaveral Highway 1 SR A1A: International Dr. & N. Atlantic Intersection Re -align intersection Cape Canaveral Highway 2 SR A1A: At Columbia Drive Construct pedestrian overpass Cape Canaveral Highway 3 SR A1A: At Columbia Drive Install traffic signal with pedestrian features Cape Canaveral Highway 4 SR A1A: At 4 locations Construct mast arm signals Caps Canaveral Highway 5 SR A1A: Throughout City Develop and implement a streetiighting plan Cape Canaveral Highway 6 SR AIA: Throughout City Synchronize traffic signals Cape Canaveral Highway 7 SR A1A: S. City Limits (and beyond) to Port Entrance Design and construct an urban roadway Cocoa Beach Highway 1 SR A1A/SR 520 Intersection Construct recommended improvements Cocoa Beach Highway/Drainage 2 Orlando Ave. (SR A1A SB): Minutemen Cswy. to 4th St. N Construct exfiltration system Cocoa Beach Highway/Operations 3 SR A1A at Wakulla Ln. & Escambia Ln. Increase right tum radius at intersections Melbourne Highway 1 Eau Gallie Blvd. (SR 518): 1-95 to Sarno Rd. Melbourne Highway 2 Eau Gallie Blvd. (SR 518): Eau Gallie River to US 1 Melbourne Highway 3 Florida Ave. Extension/Realignment Melbourne Highway 4 Turtlemound Rd.: Sarno Rd. to Aurora Rd. Palm Bay Highway 1 Palm Bay Parkway: Malabar Rd. to US 192 (and further south) Palm Bay Highway 2 Palm Bay Rd.: Minton Rd. to RJ Conlan Blvd. Palm Bay Highway 3 New South Brevard interchange (at Grant Rd. or Vaikaria Rd.) Palm Bay Bridge 4 Port Malabar Blvd. over Turkey Creek Palm Bay Highway 5 Babcock St: Valkaria Rd. to Hibiscus Blvd. Palm Bay Highway 6 Minton Rd. extension to DeGroodt Rd. Palm Bay Highway 7 Malabar Rd.: Minton Rd. to Jupiter Blvd. (and beyond) Palm Bay Multimodal 8 Multimodal Opportunities Study West Melbourne Highway 1 US 192: 1-95 to US 1 West Melbourne Highway 2 Wickham Rd.: At NASA Blvd. Ellis Rd. Intersections West Melbourne Highway 3 Hollywood Blvd.: Palm Bay Rd. to US 192 Titusville Highway 1 Park Ave.: Bama to Draa Titusville Highway 2 US 1: Throughout Titusville Titusville Highway 3 Hopkins Ave.: Jackson St. to US 1 Titusville Highway 4 Harrison St.: Park Ave. to US 1 Titusville Highway 5 Knox McRae Dr.: Fox Lake to US 1 Titusville Traffic Ops 1 Park Ave./Knox McRae Dr. Intersection Study to widen to 6 lane divided with tum lane improvements Study to widen to 4 or 6 lane divided highway Study and implementation Study and implementation of extension to the south Design, right of way and construction Widen to 6 lanes (ROW and Construction) Interchange Justification Report Replace bridge in both directions, improve approaches Intersection Improvements Study to realign and connect Widen to 4 lanes, consider extension to the Beltway Feasibility Study PD&E Study for widening to 6 lanes Realign Intersections PD&E Study for 4-laning Widen road with urban design Reconstruct with urban design, improve drainage, rehab RR xing Widen road with urban design Widen road with urban design Widen road with urban design Install traffic signal and two right tum lanes on Park Ave. INSTRUCTIONS FOR COMPLETING THE "REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING" FORM GENERAL: The "Request for Funding Form" should be used by any local agency to nominate an improvement project that will require state and/or federal funds to implement. The form will provide information on transportation improvement needs so the MPO and its committees can realistically and fairly evaluate one project relative to others of the same general type. The form should not be used for projects relying entirely on local revenue, for transportation enhancement projects, traffic operations projects or for projects using funds allocated by formula directly to agencies such as SCAT, airports, the port or the spaceport. A separate form should be completed for each candidate project. Please include a response to each item even if the response is "NA." For word processing convenience, project data can be typed on a separate page, rather than the form itself. Please contact MPO staff if there are questions concerning this form or how it should be completed for a specific project. LINE 1: Enter the name of the local government or agency submitting the request and the year of the request. LINE 2: Check the appropriate category of the project (See below for category descriptions). LINE 3: If multiple requests are submitted, the individual projects must be prioritized. This ensures consideration of the most pressing local needs. LINE 4: The location should specify the road name and project limits or the intersecting street(s) as appropriate. Maps are not required but can be submitted if needed to better define the project limits. Federal funds can only be spent on collector and arterial roads (i.e., the federal aid highway system). Contact MPO staff to verify a project is located on the federal aid highway system. State funds are limited to projects on the state highway system. Federally funded projects not on the state highway system usually require 12.5% local match. LINE 5: The action the applicant desires to have implemented with state or federal funds such as "conduct planning study," "design improvements," "acquire right-of-way". Prior to funding consideration, projects will undergo ETDM screening to determine, in part, if the requested action is appropriate. LINE 6: A brief statement about the nature, extent, duration and consequences of the deficiency the project is intended to address. An additional page may be attached to explain a complicated problem. LINE 7: If a prior study was conducted, please reference the type of study, the data and the author such as FDOT corridor study, city warrant study, etc. The study recommendation(s) should generally match the requested action in line 4. A copy of the study should be made available if requested. Do not submit the study unless requested by MPO staff. If a study has not been performed, indicate the type and extent of study that is requested. LINE 8: Any known public and/or private sector actions over the upcoming five years that may substantially affect the nature or timing of the requested action should be noted. The intent is to properly define the scope of the project, identify potential constraints and/or future opportunities for public/private partnerships, ROW donation, etc. LINE 9: Summarize any public comment on the requested project. Any actions by elected bodies should be noted. The intent is to gauge potential public support for or opposition to a project. The lack of public comment on a requested project will not "count against' the project. LINE 10: Summarize Comprehensive Plan support for the requested project. During the ETDM programming screen, projects without local government Comp Plan support will not be considered for funding. LINE 11: Summarize any other information that will assist in the understanding of the requested project. PROJECT CATEGORIES Highways — Capacity projects on arterial and collector roadways or major operations projects that are too complex to be included in Traffic Operations. Rural — Highway projects on roadways located outside the Urban Boundary. Resurfacing — Resurfacing of state highways. Projects in this category are determined based on FDOT's annual Pavement Condition Survey. Bridges — Reconstruction or repair of bridges that are not included as part of a highway capacity project. Intermodal — Capacity or operational projects that are directly related to Ports, Airports, or Transit facilities or provide linkages between different modes of transportation. Florida Intrastate Highway System (FINS) — Projects on FIHS roadways (1-95 or SR 528) Space Transportation — Projects for space -related activities. Miscellaneous Projects — Multi -modal, maintenance, drainage or other small-scale projects related to transportation facilities. Projects in this category are not ranked by priority. Transportation Enhancements — Projects such as bike paths, trails and landscaping that meet Federal Enhancement criteria. Projects in this category undergo a separate application and ranking process by the Bicycle/Pedestrian and Trails Advisory Committee and may not be accepted every year. Traffic Operations — Major operational improvements. Projects in this category undergo a separate selection process by the Traffic Operations Committee and may not be accepted every year. BREVARD METROPOLITAN PLANNING ORGANIZATION 2003 PROJECT PRIORITIES Adopted August 14, 2003 - Updated to reflect FDOT programming changes in the Tentative FY 05 - 09 Work Program 2003 COMMITTED PHASE, PROPOSED MPO STATUS FISCAL YEAR, IMPLEMENTATION RANK CODE LOCATION ULTIMATE IMPLEMENTATION DESCRIPTION FOOT FM NO. PHASE A.1 HIGHWAYS (Capital Projects to Improve Highway Capacity, Safety or Maintenance) 4 & U64 2 4 US 1 WIDEN TO 6LD FROM PINE TO CIDCO O& S. PAT -RICK (SR 613) CORRIDGRIMPROVEMENTS FROM ME-60TO TO PIN&DA (SR 404) O4 4 BABCOCK (SR 507) 5 4 SR 3 O8 4 WICKHAM 0 4 PALM BAY PARKWAY O8 4 APOLLO EXTENSION O9 4 SR AIA 10 11 12 CORRIDOR IMPROVEMENTS FROM VALKARIA TO NASA WIDEN TO 6L FROM SKYLARK TO SR 528, CORRIDOR IMPROVEMENTS RE -ALIGN INTERSECTIONS AT NASA AND ELLIS NEW CORRIDOR FROM MALABAR TO 1-95/ELLIS WIDEN TO 4LD AND EXTEND FROM SARNO TO EAU GALLIE CORRIDOR IMPROVEMENTS FROM PINEDA (SR 404) TO PORT (SR 401) 3 CAUSEWAY VULNERABILITY STUDY 4 PARK RECONSTRUCT AND WIDEN TO 2LD FROM BARNA TO DRAA 3 US 1 DRAINAGE / RESURFACE / SIDEWALKS FROM SR 50 TO BCC ENTRANCE 13 1 WICKHAM CORRIDOR IMPROVEMENTS FROM NASA TO PINEDA 14 1 US 192 WIDEN TO 6LD FROM WICKHAM TO BABCOCK 15 1 BARNES WIDEN TO 4LD FROM FISKE TO US 1 DES (In progress), ROW (05-06), 2375921, CANSTR11609)237-6741i CONSTRUCT 2375922 W (04 06), CST (09) OBTAIN RQAl FOR DRAID saz&s&4 DES (In Progress), ROW (09) Melb - Fee 2376502 IMPLEMENT OPERATiGO&A, CONSTRUCT US 192 INT. I DES (06-07) Mal. -US 192 2376503 CONSTRUCT INTERSECT11 DES (05-08) US 192 -NASA 2376504 DESIGN & CONSTRUCT FF DES (In Progress) 2377051 IMPLEMENT ROW & CONS DES (In Progress), ROW(09) 4046671 CONSTRUCT PD&E (In Progress) 4046051 IMPLEMENT DESIGN, ROY DES (07) 2412411 IMPLEMENT ROW & CONS STUDY COMPLETED 4044201 DESIGN & CONSTRUCT IN DESIGN & CONSTRUCT IN IMPLEMENT DRAINGAE PF STUDY COMPLETED IMPLEMENT CAT. 1 LEVEL DES COMPLETED OBTAIN ROW FOR ENTIRE CONDUCT PD&E CONSTRUCTINTERSECTII WIDEN TO 4L AND EXTEND FROM DE GROODT TO MALABAR DESIGN & CONSTRUCT FF 1 CLEARLAKE (SR 501) DESIGN & CONSTRUCT FF CONDUCT PD&E DESIGN & CONSTRUCT FF ETDM PLANNING CONDUCT PD&E ETDM PLANNING CONDUCT PD&E CONDUCT PD&E CONDUCTPD&E INOTE: The MPO is requesting that the Florida Department of Transportation concentrate revenues on the circled highway projects during the development of the FY 2005 - 2009 Work Program. A.2 HIGHWAY PROJECTS CANDIDATES LIST (These projects have been requested by Local Governments and will be added to the priorities as needed when funds are likely to be a 1 MALABAR WIDEN TO 4LD FROM JUPITER TO MINTON CONDUCT PD&E 1 MINTON WIDEN TO 4L AND EXTEND FROM DE GROODT TO MALABAR CONDUCT PD&E 1 CLEARLAKE (SR 501) WIDEN TO 4L FROM MICHIGAN TO SR 524 CONDUCT PD&E 1 HOPKINS RECONSTRUCT AND WIDEN TO 2LD FROM JACKSON TO US 1 CONDUCT PD&E 1 HARRISON RECONSTRUCT AND WIDEN TO 2LD FROM PARK TO US 1 CONDUCT PD&E Px BREVARD METROPOLITAN PLANNING ORGANIZATION 2003 PROJECT PRIORITIES Adopted August 14, 2003 - Updated to reflect FDOT programming changes In the Tentative FY 05 - 09 Work Program 2003 COMMITTED PHASE, PROPOSED MPO STATUS FISCAL YEAR, IMPLEMENTATION RANK CODE LOCATION ULTIMATE IMPLEMENTATION DESCRIPTION FDOT FM NO. PHASE 2.2 1 SARNO WIDEN TO 4L OR 5L FROM EAU GALLIE TO WICKHAM CONDUCT PDBE 1 KNOX MCRAE RECONSTRUCT AND WIDEN TO 2LD FROM FOX LAKE TO US 1 CONDUCT PD&E 1 MALABAR WIDEN TO 4L FROM BABCOCK TO US 1 CONDUCT PD&E 1 EAU GALLIE BLVD (SR 518) WIDEN TO 6LD WITH TURN LANE IMP FROM 1-95 TO SARNO CONDUCT PO&E 1 EAU GALLIE BLVD (SR 518) WIDEN TO 4LD OR 6LD FROM EAU GALLIE RIVER TO US 1 CONDUCT PD&E 1 FLORIDA AV EXTEND/REALIGN FROM DAIRY TO MINTON CONDUCT PD&E 1 TURTLEMOUND RD EXTEND ROAD FROM SARNO TO AURORA CONDUCT PD&E 1 HOLLYWOOD WIDEN TO 4L FROM PALM BAY TO US 192 CONDUCT PD&E B. RURAL (Projects in the Rural Area to be Implemented with Non -Urban Funds) ALL RURAL PROJECTS ARE CURRENTLY FUNDED THROUGH CONSTRUCTION C. RESURFACING (Based on Condition Survey. Additional Projects May Be Recommended by FDOT) 1 3 CLEARLAKE (SR 501) RESURFACE NB AND SB LANES FROM SR 520 TO SR 524 CONSTRUCT 2 3 SOUTH ST. (SR 405) RESURFACE EB FROM W. OF COLLINS TO US 1 CST (07) 4166181 (SR 60 - US 1) 3 3 US 1 RESURFACE NB AND SB FROM GARDEN TO LACRANGE CONSTRUCT 4 3 US 192 RESURFACE EB AND WB FROM NEW HAVEN/STRAWBRIDGE TO US 1 CONSTRUCT 5 3 BABCOCK ST. (SR 507) RESURFACE NB LANES FROM S. OF PORT MALABAR TO N. OF PALM BAY RD. CONSTRUCT 6 3 1-95 RESURFACE SB FROM N. OF US 192 TO N. OF WICKHAM RD. CONSTRUCT 7 3 SR AIA RESURFACE SB LANES FROM FLAGLER LN. TO SR 520 CONSTRUCT 8 3 EAU GALLIE BLVD. (SR 518) RESURFACE WB FROM W. END OF RELIEF BRIDGE TO E. OF S. PATRICK (SR 513) CONSTRUCT 9 3 EAU GALLIE BLVD. (SR 518) RESURFACE EB FROM E. END OF CAUSEWAY TO W. END OF RELIEF BRIDGE CONSTRUCT 10 3 SOUTH ST. (SR 405) RESURFACE NS AND SB FROM FOLEY RD. TO BOBBIE LN, CONSTRUCT 11 3 1-95 RESURFACE NB AND SB LANES FROM SB REST AREA TO AURANTIA OVERPASS CONSTRUCT D. BRIDGES (Projects Selected Based on State-wide Need) 1 4 BREWER CSWY REPLACE SWING SPAN OVER INDIAN RIVER WITH HIGH RISE BRIDGE DES (03) 2412001 CONSTRUCT 2 3 PORT MALABAR BLVD. REPLACE EB BRIDGE OVER TURKEY CREEK DESIGN & CONSTRUCT 3 3 SR 520 WIDEN HUMPHREY BRIDGE TO BLD DESIGN E. INTERMODAL (Projects Improving Access to Port or Airports) 1 2 NASA REALIGN AND STRAIGHTEN FROM EDDIE ALLEN TO AIRPORT CONDUCT PD&E 2 1 N. AIRPORT CONNECTOR NEW CORRIDOR FROM WICKHAM TO APOLLO CONDUCT PD&E 2.2 BREVARD METROPOLITAN PLANNING ORGANIZATION 2003 PROJECT PRIORITIES Adopted August 14, 2003 - Updated to reflect FDOT programming changes in the Tentative FY 05 - 09 Work Program 2003 COMMITTED PHASE, PROPOSED MPO STATUS FISCAL YEAR, IMPLEMENTATION RANK CODE LOCATION ULTIMATE IMPLEMENTATION DESCRIPTION FOOT FM NO. PHASE F. FLORIDA INTRASTATE HIGHWAY SYSTEM (Projects on 1-95 and SR 528 are eligible. Note programming beyond FY 07 is Included In the 2012 Interstate Plan.) 1 4 1-95 WIDEN TO 6L FROM MALABAR (SR 514) TO EAU GALLIE (SR 518) DES (In Progress), ROW (05), CST (08-09) CONSTRUCT 4055061, 3 1 4 1-95 WIDEN TO 6L FROM SR 528 TO SR 50 DES (05), ROW (09), CST (12) 4055W2 OBTAIN ROW & CONSTRU( 2 4 1-95 NEW INTERCHANGE AT PINEDA EXTENSION PD&E COMPLETED, DES (05) OBTAIN ROW & CONSTRU( 3 4 SR 528 WIDEN TO 6L FROM SR 520 TO PORT CANAVERAL PD&E (In Progress) 4074021 DESIGN, OBTAIN ROW & G 4 1 1-95 FEASIBILITY STUDY FOR NEW INTERCHANGE BETWEEN IND. RVR. CO. & SR 514 CONDUCT STUDY 5 4 1-95 WIDEN TO 6L FROM SR 50 TO VOLUSIA CO. PD&E (06), DES (08), ROW (11) 4068692, CONSTRUCT 4068693,4068695 6 1 1-95 WIDEN TO 6L FROM INDIAN RIVER CO. TO MALABAR (SR 514) PD&E (05), DES (07) 413072 OBTAIN ROW & CONSTRU( G. SPACE TRANSPORTATION (Projects at the Spaceport) 1 1 SPACEPORT MULTI -MODAL ROUTING STUDY CONDUCT STUDY H. PROJECTS FUNDED THROUGH CONSTRUCTION 5 PALM BAY ROAD WIDEN TO 6L FROM MINTON TO RJ CONLAN, INT. IMP. ON BABCOCK ROW (04-05) 2412211, CST (07-08) 2412212,3 5 US 1 WIDEN TO 6L FROM EYSTER TO PINE ROW (05-06), CST (08) 2375762, 2375921 5 SR 520 WIDEN TO 4L FROM ORANGE CO. TO 1-95 ROW (01-02), CST (04-08) 2374661, 2374741, 2375321 5 PORT MALABAR BLVD. REPLACE WB BRIDGE OVER TURKEY CREEK ROW(03-04), CST (09) 2412111 5 SR 3 CORRIDOR IMPROVEMENTS FROM SR 520 TO SKYLARK DES (In Progress), ROW (04-05), CST (06)2377052 5 I-95 WIDEN TO 6L FROM EAU GALLIE (SR 518) TO SR 526 DES (In Progress), ROW (05-06), CST (08)4055061, 4, 5 Al 5 us'! CORRIDOR IMPROVEMENTS FROM BARNES TO EYSTER DES (In progress), ROW (04-05) CST 2375761 A3 6 S. PATRICK (SR 513) CORRIDOR IMPROVEMENTS FROM DESOTO TO PINEDA (SR 404) DES (In Progress), ROW (04-05), CST (09) 2375851 STATUS CODE: ABBREVIATIONS: 5 CONSTRUCTION FUNDED PD&E PROJECT DEVELOPMENT AND ENVIRONMENT STUDY 4 PD&E, DESIGN OR RIGHT OF WAY FUNDED, CONSTRUCTION REQUESTED DES DESIGN 3 PLANNING STUDY COMPLETED, PD&E OR DESIGN REQUESTED ROW RIGHT OF WAY ACQUISITION 2 PLANNING STUDY PROGRAMMED OR IN PROGRESS CST CONSTRUCTION 1 PLANNING STUDY REQUESTED STUDY CORRIDOR PLANNING OR IMPROVEMENT STUDY IMR INTERCHANGE MODIFICATION REPORT Note: For Bridge and Resurfacing categories, condition INT INTERSECTION determination or evaluation is considered a "study' IMP IMPROVEMENT 4A6LD 4r6 LANE DIVIDED 2.3 ATTACHMENT A BREVARD MPO FY 2003 MULTIMODAL PROJECTS PROJECT DESCRIPTION ROAD NAME FROM TO I WORK DESCRIPTH SR At and drainage canal (west side) Construct pedway brb SR 524/SR 501 Coventry Court Michigan Sidewalk Michigan Cocoa Lakes US 1 Sidewalk SR A1A NB 16th St. S 11th St. S Sidewalks on East and West sic Downtown Melb. & Old Eau Gallie Riverfrt. Redev. Area Construct/Reconstruct Pedesti M-1 Canal Right -of -Way Construct Greenway/Pe Multimodal Opportunities Study Feasibility Study NOTE: PROJECTS ARE NOT LISTED IN PRIORITY ORDER BREVARD MPO 2003 MAINTENANCE, DRAINAGE & OTHER MISCELLANEOUS PROJECTS PROJECT DESCRIPTION ROAD NAME FROM TO I WORK DESCRIPTI( 1-95 SR A1A SR A1A SR A1A SR A1A SR A1A SR A1A SR 520 Orlando Ave. (SR Al A SB) SR A1A SR A1A SR 3 US 1 US 1 US 1 US 192 US 1 Citywide (Melb.) Park Ave. NOTE: PROJECTS ARE NOT LISTED IN PRIORITY ORDER Various Interchanges Storm drain outfalls to Banana River At Columbia Dr. within city limits within city limits within city limits At 4 locations Peebles Bridge Minutemen Cswy. At Wakula Ln. & Escambia Ln. At SR 518 (Eau Gallie) SR 520 At Golden Knights Blvd, University Samo Rd. At Airport Blvd. At Ballard Dr. At. Knox McRae Dr. 2.4 SR A1A 4th St. N SR 528 Crane Creek Aurora Rd. Surface Road/Interchange Install four baffle bo) Pedestrian Bridge for Schoi Street lighting plar Install raised curbin Synchronize Traffic Sig construct Mast Arm Si{ Clear/Install shoreline protect Construct Exfiltration Sj Increase right turn r. Street Lighting Street Lighting Street Lighting Highway beautificati Traffic Signal/Operations ImF Extend WB left tum h Restripe to create SB right Traffic Signal Improven Install traffic signal and rigt ATTACHMENT B BREVARD MPO 2003 TRANSPORTATION ENHANCEMENT PROJECT PRIORITIES Adopted August 8, 2002 - Updated to reflect FDOT programming changes in the Tentative FY 05 - 09 Work Prograr 2002 BPTAC Rank Project Name Applicant 2002 BPTAC Score Est. Cost 1 Brevard County Trailhead Program Brevard County 92.5 $675,000 C 2 Boundary Canal Trail Palm Bay 90 $240,000 C 3 SR A1A Bikeway/Pedway Cocoa Beach 80 $709,000 4 Cross City Linear Trail Palm Bay 77.5 $455,000 5 Eau Gallie Ped Improvements/Trafic Calming Melbourne 75 $750,000 6 North Fiske Greenway Trail Cocoa 71.5 $100,000 7 South Melbourne Greenway - Phase 1 Melbourne 68 $264,000 8 Eau Gallie Causeway Greenway Enhancements Melbourne 67.5 $500,000 9 Water Street Linear Park Palm Bay 67.5 $305,000 10 Barna Ave. Multi -Use Trail Titusville 67 $422,625 11 M-1 Canal Pedway/Greenway Melbourne 65.5 $436,635 12 Melbourne Ped Improvements/Traffic Calming Melbourne 60 $340,200 13 US 1 Stormwater Park Trail Palm Shores 55 $150,000 14 SR 405 Trail Titusville 55 $1,265,000 15 SR 520 Bikeway/Pedway Cocoa Beach 53 $331,000 16 NASA Blvd. Landscaping Melbourne 0 $150,000 17 US 1 Landscaping South Entrance to City Melbourne 0 $100,000 18 1-95/SR 518 Interchange Landscaping Melbourne 0 $150,000 2.5 ATTACHMENT C 2003 Traffic Operations Project Priorities Recommended by the Traffic Operations Committee, May 5, 2003 Updated to reflect FDOT programming changes in the Tentative FY 05 - 09 Work Program Priority Project Description Programming Status 1 Eau Gallie Blvd. (SR 518) from 1-95 to J. Rodes Blvd. CST (07) 4164061 2 SR 520 WB from W. of US 1 to E. of Forrest Ave. DES (05) 4164081 3 SR A1A & US 192 northbound dual lefts ICST (07) 4164071 Traffic Operations Set -Aside Funding Programmed by FDOT (FM# 414170-1) FY 2008: $1,150,000 FY 2009: $1,223,000 2.6 Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Considerations Item 6 No. I support the recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CONTRACT ADMINISTRATION AND INSPECTION SERVICES FOR THE RECLAIMED WATER LINE EXTENSION PROJECT DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the proposal from Stottler, Stagg & Associates in the amount of $9,500 for contract administration and inspection services for the reclaimed water line extension project, as recommended by the public works director. Summary Explanation & Background: See attached memo and proposal. This task will be funded with sewer impact fees. I support the recommendation. Exhibits Attached: Public works director's memo dated 04-27-04 City Managerrs ffiic_e _; Department PUBLIC WORKS/WWTP ca m yd admin\council\m eting\2004\05-04-04\ssa.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 27, 2004 RE: City Council Agenda Item for May 6th 2004 Contract Administration and Inspection Service by Stottler Stagg and Associates for the Reclaimed Water Extension Project. The City of Cape Canaveral received bids for the Reclaimed Water Extension. Attached is a proposal from SSA for the contract administration and inspection service that is recommended for a project of this extent. SSA was the design engineer of this project and have satisfactory performed contract administration and inspection service for other City of Cape Canaveral reclaimed water projects. Funds are available within the Enterprise Impact Fund for this project. This project is 100% funded by the City of Cape Canaveral. SSA's fees are based on an hourly contract rate and will be invoiced on actual work performed. Recommend the approval for contact administration and inspection service from SSA in the amount not to exceed $9,500 and to appropriate the necessary funds. Attachment CC: File Rpr 27 04 12:51p April 27, 2004 Stottler Stagg Mr. Ed Gardulski City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 321-783-7065 RE: SSA Fee Proposal for Reclaimed Water– Distribution System Dear Ed: p,2 SSA Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc (SSA) is pleased to present our construction inspection fee proposal for extension designs of Cape Canaveral's reclaimed water. In general, the work will include the following streets: Street Block Length Size (Feet) .. Adams 100 Monroe -200 437 428 ,(Inches) f 4 I q �i 300 450 4 400 500 450 261 4 4 600 499 4 7 ler T 100 200 438 ! 424 4 _ 4 ._.. 300 457-- 400 332 1 4 Lincoln 100 450 47 200 _ 432 4 4 � R 300 306 Total 5,3fi4 LF Based on the above criteria, our specific Scope of Services includes the following: SSA SCOPE OF SERVICES Task 1 — SSA will work with the City's Public Works Department to provide select construction service support. SSA work tasks will include: • Preparation of technical documents for City bid package • Review of contractor bids with City • Attend and support pre -construction meeting with City • Review contractor shop drawings • Perform fourteen (14) inspections of work in progress • Perform final inspection of work with the City • Review contractor record drawings SCHEDULES AND FEES Schedules: Upon receipt of written authorization to proceed SSA will begin work immediately. Schedule is based on the Contractors work effort. Estimated contract time is 120 days. SCCI'UIZ,R STAGG & M-SOC1A7FS ARCH1'i (IS • LNGINF'.E:RS • NANNI:RS, INC- s(") M 1-111 Nhvv)v A--, 1'. 11, ItWA 1(0) Cap-lut%av-4*;O, 14arithi Ai920 TO :IA V,0] 1300 VIA S -i 7k.1-70(;!1 I . n.MMI'UIICt:U, WL'1XXXViC Nl.iltXXW;74X) 1:5ch4prg9CtY1Ru0c>aMly dcape -W.69n roeldncddee Rpr 27 04 12:52p Stott.ler Stagg 321-7€33-7085 p.3 Mr. Ed Gardulski April 27.2004 SSA Fee Proposal Page 2 . -Reclaimed Water— Distribution System Fees: SSA's fee for the above work will be a lump sum fee of $9,500. Print costs supporting construction will be billed to the City at SBA's cost plus a 15% mark-up. Fees will be billed monthly based on a percentage of work completed and payment will be due within fifteen (15) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal, such as follow-up coordination work with land owners, additional City meetings, etc., will be deemed as additional services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates (attached) or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc, shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other, The terms and conditions of this proposal are effective through May 27, 2004. Acceptance after this date may necessitate increased fees or altered conditions. Ed, your authorization of this proposal can be accomplished by the appropriate City signature below and our receipt of a signed copy. SSA is looking forward to working with the City on this project in Cape Canaveral. Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. BY; John A. Pekar, PE Senior vice President gbHryroleablBraBa�kBy IT U04 0MtY6ft 0*fd.6ki ih.OtdiM —W—d.&. TITLE: DATE: Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Ordinances -2"d Reading Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-2004, AMENDING CODE SECTION 110-352, PROVIDING DISTANCE REQUIREMENTS FOR FIREWORKS SALES FACILITIES DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT Requested Action: City Council consider adoption of Ordinance No. 08-2004, amending Code Section 110-352, providing distance requirements for fireworks sales facilities as recommended by the Planning & Zoning Board. Summary Explanation & Background: This proposed ordinance would provide for a 1,000 -foot distance between pre-existing fireworks sales facilities and pre-existing residential use or property. I recommend approval. Exhibits Attached: Ordinance No. 08-2004; P&Z memo and meeting minutes. City Manager's- ce r; Department P&Z/GROWTH MGMT cape- mydo um in\council\meeting\2004\05-04-04\08-2004.doc ORDINANCE NO. 08-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING DISTANCE REQUIREMENTS FOR FIREWORK SALES FACILITIES WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds the sale, display, and storage of fireworks is inherently hazardous, as evidenced by the U.S. Consumer Products Safety Commission "2002 Fireworks Annual Report" and Chapter 791, Florida Statutes (2003); and WHEREAS, the proliferation of the sale of fireworks in the City would be a danger and detriment to the community; and WHEREAS, the grouping of fireworks sales facilities in close proximity to each other or to residential areas poses an unreasonable potential safety hazard in the event of fire; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 110, entitled Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and st.-ikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 08-2004 Page 1 of 3 CHAPTER 110 — ZONING ARTICLE VII. DISTRICTS DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: (9) Fireworks sales facilities subject to the following distance requirements: (a) They shall be at least 1,000 feet from any pre-existing fireworks sales facilities; They shall be at least 1,000 feet from any pre-existing residential use or property designated residential on the City's Comprehensive Plan Future Land Use Map and/or official zoning map; (c) The distance shall be measured as the shortest linear distance between the property line of the proposed fireworks sales facility and any pre-existing fireworks sales facilities or any pre-existing residential use or property designated residential on the City's Comprehensive Plan Future Land Use Map and/or official zoning map. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding City of Cape Canaveral Ordinance No. 08-2004 Page 2 of 3 shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Steve Miller SUSAN STILLS, City Clerk Jim Morgan Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08-2004 Page 3 of 3 Date: April 9, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Establishing Distance Requirements for Storage and Sales of Fireworks ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board held discussion regarding establishing distance requirement for storage and sales of fireworks at the meeting held on March 24, 2004 and unanimously recommended that City Council establish a 1,000 ft. distance requirement for storage and sales of fireworks from any residential use for safety reasons; and to measure the distance from property line to property line to be consistant with other distance requirements throughout the city code. The City Attorney was requested to draft an ordinance based on the Board's recommendation and submit it to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 4 that property maintenance is enforced by City code enforcement. Mrs. Gould verified that no one is allowed to occupy the units. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 04-01 to the Board of Adjustments with the following condition: a hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed north of the dumpster. Vote on the motion carried by a (4) to (1) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. NEW BUSINESS: 1. Preliminary Replat Approval - Beachside Townhomes, Replat of Lot 15 Block 5 Avon by the Sea Subdivision, (5 10 & 512 Adams Avenue) - John Johanson Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. Mr. Johanson, confirmed that he already cleared the property and the adjacent property. He advised that he intends to replat and build on all three lots. He noted that this is a replat of the eastern most lot. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Beachside Townhomes. Vote on the motion carried unanimously. 2. Preliminary Replat Approval - J.M. Jr. Townhomes, Replat of Lot 49 Ocean Gardens Wave Four, (131 & 133 Ocean Garden Lane) - James Morgan Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. He noted that the property was located in the Ocean Gardens subdivision across the street from the entrance of Harbor Heights and just south of Circle K. Mr. Morgan, applicant noted that the townhouse will be similar to the others within the Ocean Gardens subdivision. He would be seeking the approval of the home owners association once the city has approved the replat. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Ocean Gardens Wave Four. Vote on the motion carried unanimously. DISCUSSION Discussion Re: Establishing Distance Requirements for Storage and Sales of Fireworks. City Attorney Garganese advised that the City Council requested that the Planning Zoning Board establish distance requirements from residential areas as a further restriction. Following discussion, the Board agreed that for safety reasons the distan requirement should be 1,000' ft. from any residential use, measured from property lir property line. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 5 Motion by Ms. McNeely, seconded by Ms. Shea -King to request the City Attorney draft an ordinance based on the Board's discussion and submit it to City Council. Vote on the motion carried unanimously. Due to the late hour the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary f Cape Canaveral City 1 Date: April 9, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Establishing Distance Requirements for Storage and Sales of Fireworks ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board held discussion regarding establishing distance requirement for storage and sales of fireworks at the meeting held on March 24, 2004 and unanimously recommended that City Council establish a 1,000 ft. distance requirement for storage and sales of fireworks from any residential use for safety reasons; and to measure the distance from property line to property line to be consistant with other distance requirements throughout the city code. The City Attorney was requested to draft an ordinance based on the Board's recommendation and submit it to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Minutes March 24, 2004 Page 4 that property maintenance is enforced by City code enforcement. Mrs. Gould verified that no one is allowed to occupy the units. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 04-01 to the Board of Adjustments with the following condition: a hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed north of the dumpster. Vote on the motion carried by a (4) to (1) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. NEW BUSINESS: 1. Preliminary Replat Approval - Beachside Townhomes, Replat of Lot 15 Block 5 Avon by the Sea Subdivision, (5 10 & 512 Adams Avenue) - John Johanson Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. Mr. Johanson, confirmed that he already cleared the property and the adjacent property. He advised that he intends to replat and build on all three lots. He noted that this is a replat of the eastern most lot. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Beachside Townhomes. Vote on the motion carried unanimously. 2. Preliminary Replat Approval - J.M. Jr. Townhomes, Replat of Lot 49 Ocean Gardens Wave Four, (131 & 133 Ocean Garden Lane) - James Morgan Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. He noted that the property was located in the Ocean Gardens subdivision across the street from the entrance of Harbor Heights and just south of Circle K. Mr. Morgan, applicant noted that the townhouse will be similar to the others within the Ocean Gardens subdivision. He would be seeking the approval of the home owners association once the city has approved the replat. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Ocean Gardens Wave Four. Vote on the motion carried unanimously. DISCUSSION Discussion Re: Establishing Distance Requirements for Storage and Sales of Fireworks. City Attorney Garganese advised that the City Council requested that the Planning & Zoning Board establish distance requirements from residential areas as a further restriction. Following discussion, the Board agreed that for safety reasons the distance requirement should be 1,000' ft. from any residential use, measured from property line to property line. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 5 Motion by Ms. McNeely, seconded by Ms. Shea -King to request the City Attorney draft an ordinance based on the Board's discussion and submit it to City Council. Vote on the motion carried unanimously. Due to the late hour the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary CI M1 M1 R3 R2 �_—eew.egrAe— _ M1 C1 I M1 I R3 CON \ R2 Rl� Rl _ _jj \� � � 1 - _—namxII� - or .ON \� I - - z - - R3 C2 :; \'.___ _,i 0c Wmn.:aFa— ---- R2 R3 8 J R1CenlratBlvdE� entraFBlvd C1 RI �R2i Al 1 ✓—sono J Cl f- \ / _ C1 R2 1 �__ R2 CON R3 CI R3 -- - . \ �. �II .LbFM UownL PUB \\`_Trw�mBND_—.:..•`✓ Cl �.. �Crrww-sc=J PUB PUB R3 i C1 C �j CI It 2 L C1 R2 R2 CONS— ltl..._. R2 R2 A2 Cl lIt 3 � R2 L__. Cl Cl R2 R2 R3 Ji.�FrAl �ff R3 J _.. i — '7L.-_ PUB ._ Cl Cl I R2 R2 R3 r BR92 j ?I 2 r If R2 1— BANANA RIVER - _ 'WA� —� -= ATLANTIC OCEAN Cc,ro �— lWcAm L. b R2 R2 R3 BM 2._— BH91 j I PUB z PUB R2 R27 R3 BR94 PUB';; R2 R2 I 7 BR93 Cl RZ 1 R2 r R3 — -- — �C1 f R2 II L E6 . a Cl 1i- R2 Rz R,- --I L- --R2 -A -R2--� rR3- a I , FUTURE LAND USE C1 COMMERCIAL C2 COMMERCIAL/MANUFACTURING M1 INDUSTRIAL R1 RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC/RECREATION CON CONSERVATION AREA ARCHAELOGICAL SITE s SCALE: 0 500 t 000L°C;;,pYFN<l ' APE ...I V ..yx:_v- CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 R1 R3 R3 IL 7��C/ _ C1 J LJ 1,000 feet from Residentially Zoned property �_---�C� 3 R2 Jr� '1-117-7 1,000 feet from Residentially Zoned - - property or from property with a special exception -- for Residential use. Ivey, Harris & Walls, Inc. 631 South Orlando Avenue, Suite 200 Winter Park, Florida 32789 (t) 407.629.8880 (f) 407.629.7883 Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Ordinances -I' Reading item g No. The recommended civil penalty is $500.00. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2004, IMPLEMENTING THE USE OF CIVIL CITATIONS FOR UNLICENSED CONTRACTORS AND FAILURE TO OBTAIN A BUILDING PERMIT DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider at first reading Ordinance No. 09-2004, implementing the use of civil citations for unlicensed contractors and failure to obtain a building permit. Summary Explanation & Background: This ordinance was requested by our building official to assist his office in the enforcement of unlicensed contractors that try to conduct business within the city. The recommended civil penalty is $500.00. I support the building official's recommendation. Exhibits Attached: Ordinance No. 09-2004 City Man ffice _ .- - "":" Department PUBLIC SAFETY/BUILDING DEPT. cape- im\my ocuinent in\council\ g\2004\05-04-04\09-2004.doc ORDINANCE NO. 09-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO UNLICENCED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENCED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council of the City of Cape Canaveral, Florida to establish an equitable, expeditious, and effective method of enforcing Codes, Ordinances and applicable Florida Statutes; and WHEREAS, the City Council desires to provide for the issuance of civil citations by Code Enforcement Officers for persons violating the construction contracting provisions of Section 489.127, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. The City of Cape Canaveral Code, Chapter 82, Article XV is hereby created as follows: (underline type indicates additions). City of Cape Canaveral Ordinance No. 09-2004 Page 1 of 8 ARTICLE XV - CITATIONS; UNLICENCED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT Section 82-400. Intent and Purpose It is the intent and purpose of this Article to authorize the issuance of citations for violations of Sections 489.127 and 489.132(1) Florida Statutes as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this Article to establish a procedure to implement the issuance of such citations by code enforcement officers who under this Article shall be the Building Official and those persons designated a code enforcement officer by the City Manager. Nothing contained in this Article shall prohibit the City from enforcing its codes or ordinances by any other lawful means. Section 82-401. Findings. The City Council of the City of Cape Canaveral hereby finds: (a) The commencement or performance of work for which a building permit is required without such building_ permit being in effect creates a grave threat to the public health, safety, and welfare and jeopardizes the safety of occupants of buildings The performance of construction by contractors who are not duly licensed when a contracting license is required, may pose a dangergnificant harm to theup blic when incompetent or dishonest unlicenced contractors provide unsafe unstable or short-lived products or services. Section 82-402. Citation Authorized for Construction Contracting Violations City of Cape Canaveral Ordinance No. 09-2004 Page 2 of 8 A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1) Florida Statutes whenever, based upon Personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this Article and Florida Statutes. This Article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. Section 82-403. Citation Form. A citation issued by a code enforcement officer shall be in a form prescribed by the City Council by resolution, and shall contain at a minimum: (aa) The time and date of issuance. The name and address of the person to whom the citation is issued (c) The time and date of the violation. A brief description of the violation and the facts constituting reasonable cause (e) The name of the code enforcement officer. (f) The procedure for the person to follow in order to pay the civilep nalty or to contest the citation. W The applicable civil penalty if the person elects not to contest the citation Section 82-404. Penalty. In addition to any other criminal penalties provided by Section 489 127(2) Florida Statutes a civil penalty of $500 shall be levied for any violation of this Article All monies collected by the City from citations issued under this Article shall be deposited in the City's general fund and may City of Cape Canaveral Ordinance No. 09-2004 Page 3 of 8 be expended for any public purpose authorized by the City Council A person cited for a violation pursuant to this Article is deemed to be charged with a non -criminal infraction Each violation is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. Section 82-405. Refusal to Sign Citation. Except in the absence of the person who has committed the violation a code enforcement officer shall require the person to sign and accept a citation being issued If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's sijznature and shall leave a copy of the citation with the person if possible or mail a copy to the person if possible, by registered or certified mail return receipt requested Following such refusal to sign and accept, the code enforcement officer shall also contact the Sheriff's Department to report such violation of this Article and Section 489.127(5)(m) Florida Statutes Section 82-406. Ston Work. Any person who is issued a citation under this Article shall immediately cease the act for which the citation was issued upon receipt of the citation. Section 82-407. Correction of Violation; Payment of Penalty,• Notice of Hearing Upon receipt of a citation, the person charged with the violation shall elect either to: (a) Correct the violation and Day to the City the civil penalty in the manner indicated on the citation or, (b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal City of Cape Canaveral Ordinance No. 09-2004 Page 4 of 8 holidays, request an administrative hearing before the City's Code Enforcement Board to appeal the issuance of the citation in accordance with the procedures set forth in this Article Any request for an administrative hearing shall be made and delivered in writing to the City anager by the time set forth in this subsection. Failure to request an administrative hearing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hearing A waiver of said right shall be deemed an admission of the violation and penalties shall be imposed as set forth on the citation. Section 82-408. Administrative Hearings; Accrual of Penalties. (a) All administrative hearings held pursuant to this Article shall be conducted by the Code Enforcement Board in accordance with the requirements of the Local Government Code Enforcement Boards Act. Ltj During the administrative hearing, if the violator demonstrates to the Code Enforcement Board that the violation is invalid or that the violation has been corrected prior to appearing before the Code Enforcement Board the Code Enforcement Board may dismiss the citation unless the violation is irreparable or irreversible in which case the Code Enforcement Board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1,000 per day for each violation In determining the amount of the penalty, the Code Enforcement Board shall consider the following facts: City of Cape Canaveral Ordinance No. 09-2004 Page 5 of 8 1. Therg avity of the violation. 2. Any actions taken by the violation to correct the violation 3. Any previous violations which were committed by the violator. During the administrative hearing if the Code Enforcement Board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this Article, the Code Enforcement Board shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. Lej All civil penalties imposed by the Code Enforcement Board under this Article shall continue to accrue until the violator comes into compliance or until a judgement is rendered by a court to collect or foreclose on a lien filed under this Article whichever occurs first regardless of whether or not the order of the Code Enforcement Board sets forth this accrual requirement Section 82-409. Appeals of Code Enforcement Board Decisions Any person aggrieved by a final administrative order of the Code Enforcement Board pursuant to this Article, includingthe hw Commission may appeal the order to the circuit court in accordance with Section 489.127(5)(j), Florida Statutes as may be amended or renumbered from time to time by the Florida Legislature. Section 82-410. Recording Code Enforcement Board Orders. A certified copy of an order of the Code Enforcement Board imposing a civil penalty under this Article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law. City of Cape Canaveral Ordinance No. 09-2004 Page 6 of 8 Section 82-411. Notices. All notices required by this Article shall be provided to the violator by certified mail return receipt requested, by hand delivery by a law enforcement officer or code enforcement officer,• bX leavina the notice at the violator's usual place of residence with some person of his or her familX above 15 years of age and informing such person of the contents of the notice-, or by including hearing date within the citation. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of City of Cape Canaveral Ordinance No. 09-2004 Page 7 of 8 ATTEST: Susan Stills, City Clerk First Reading: Legal Ad published: Second Reading: _ Rocky Randels, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 09-2004 Page 8 of 8 Memo Date: April M, 2IM To: Bennett Boucher, City Manager Front Todd Morley, Building Official RE: Citation Program for Unl' and Construction without a permit In the interest of Public Safety and the general well-being of the citizens of Cape Canaveral, I would like to endorse the Citation program for unlicensed contractors and construction without a permit. Reasons: • Work done without a permit can be dangerous and unlawful. • Please see the attached Code Enforcement report indicating that the City's Code Enforcement Officer has traditionally expended 20% of his/her efforts towards compliance with the Building Code for unlicensed and un -permitted work. • The Florida Building Code requires the Building Official to charge a 100°x6 penalty for work begun without a permit. For many permits, this amounts to $60. This is not viewed as a serious deterrent. • Please also see the attached copy of correspondence (name and address whited-out) to a repeat violator/contractor. While most contractors and citizens appreciate the need for permits and inspections, there are some who disregard this requirement of law. This particular type of violator obtains a permit only when caught and does not call for inspections. I have threatened to withhold permitting privileges, but this would only penalize the property owner. (Code Enforcement informs the violator to obtain a permit, the violator is not allowed to obtain a permit, yet work has been done without a permit — our only recourse is the property owner.) • In times of disaster, such as after a hurricane, the unscrupulous have proven to attempt to circumvent the law in many ways. One of the more serious concerns is unqualified work without a permit. Until the unlicensed contractors and those who would perform work without a permit are faced with the seriousness of a citation program, the Building Department will continue to be undermined by these few individuals, leaving us no recourse but to enforce traditional Code Enforcement proceedings against the property owner. CODE ENFORCEMENT REPORT SUMMARY JANUARY 2001- MARCH 2004 NUMBER OF CASES: 476 CODE SECTIONS: 104/105 Florida Building Code -Permits & Inspections 93 20% 34-181 Storing, Parking or Leaving on Private Property 96 20% 70-69 Occupational License Required 81 17% 34-97 Duties and Responsibility for Maintenance 39 8% 82-116 Adoption of National Electrical Code 33 7% 82-371 Posting & Specifications of Numbers 18 3% 110-334 Special Exceptions 19 4% 110-470 Fence, Walls & Hedges 11 2% 34-38 Owner's Maintenance of Premise 11 2% 110-335 Prohibited Uses and Structures 9 1% 110-475 Sidewalks Required 7 1% 94-76 Temporary On -Premise Signs 2 34-98 Building Appearance and Maintenance 3 94-64 Criteria and Standards for Measurement/Placement 3 110-583 Encroachment Into Set Backs 1 34-122 Public Nuisances Prohibited 3 34-99; Landscape Appearance and Maintenance 1 110-566 Interior Landscaping Off Street Parking 1 34-209 Spillover Lighting 3 82-146 Adoption of Plumbing Code 5 302.7.2 International Property Maintenance Pools 1 110-538 Encroachments 1 78-96 General Prohibitions, Limitations 4 94-6 Prohibited Signs and Features 3 110-295 Prohibited Uses and Structures 4 14-51 Article III Sea Turtles 3 110-297 Minimum Setbacks 2 94-62 Abandoned and Hazardous Signs 2 34-100 Sign Appearance and Maintenance 3 94-6 Prohibited Signs 5 34-97 Responsibilities for Maintenance of Parking 1 22-40 Approval Prerequisite for Permits 1 94-4 Exemptions 1 34-97 Duties and Responsibilities 2 34-96 Standards Established 2 34-100 Sign Appearance and Maintenance 1 110-295 Prohibited Uses and Structures 1 TOTAL 476 85%+ 15%= 100% * Represents the other 15% of Code Enforcement C Re: Expiration of permits. Dear Mr. City of Cape Canaveral April 22, 2004 Please be advised that our records indicate that many permits, issued to you for - . g work, have expired. Between July 24, 2002 to September 8, 2003 twenty-two permits were issued under your license. Of those twenty-two (22), seventeen (17) have expired due to lack of an approved final inspection. Our records indicate that no request was made for a final inspection on these expired permits. This trend was brought to my attention and causes me concern Knowing that you are a diligent professional who is concerned about running an efficient business operation, I request that you make necessary reparations to this issue to prevent the possible withholding of future contracting privileges in the City of Cape Canaveral per FBC 104.4.2. Please feel free to contact me if I can be of service. Sincerely, Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 www.myflorida.com/cape E-mail: morley-cape@ctl.rr.com Fax 321-868-1247 Encl. - stats 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 wwwmyflorida.com/cape - email: ccapecanaveral@cfl.rr.com Don't Be A Victim of Unlicensed Activity The Department of Business and Professional Regulation licenses more than one million individuals in professions that touch your life every day. Each has the training and experience necessary to be awarded a Florida license. Professional licensing laws exist to protect the health, safety and welfare of all Floridians. Whether it is to protect your financial well being during a construction or real estate transaction, or your health while receiving cosmetology services or eating in a restaurant, these regulations are designed for your protection. Unfortunately, unlicensed activity exists in virtually every profession. These unlicensed individuals cause extensive physical and monetary damage to Florida's citizens every year. They choose not to comply with state law for a variety of reasons: ■ May not be able to meet the financial requirements. • May not be able to pass a background screening. ■ May not meet the education or experience (skill) requirements. ■ May not meet the worker's compensation and/or liability insurance requirements. ■ May not want to abide by the rules of their chosen profession, or the laws established by the legislature for the protection of the public. Play it safe and ask to see the professional's license. All state -generated licenses include a wallet card in addition to the main license. Verify that the license you are shown confirms the person's identity. If in doubt, ask to see additional identification. Note the license number and check with the Department of Business and Professional Regulation to verify that the license is current and active. The Florida Department of Business and Professional Regulation provides up-to- the-minute information about all our licensed professionals online. To verify if an individual is properly licensed, file a complaint online, or to report unlicensed activity, visit www.mvflorida.com and locate eGovernment Services, click on Business and Professional Licenses, or call 850.487.1395. Some people claim to be experts, but only Florida's licensed professionals can prove it. Why settle for anything less! 10121/02 Unlicensed Activity Program JTK Protect Your Home Hire ONLY Licensed Contractors Contracting for home improvements and storm repairs can pose many difficult problems if you are not careful. The information contained in this article can help you make smart choices and help you avoid being victimized by an unlicensed contractor. Generally, a contractor's license is required for any structural additions, roofing, air conditioning, plumbing, electrical/alarm work, pool/spa work or any job which requires a building permit. In addition, many local jurisdictions have additional licensure requirements for other specialty contractors. Any doubts should be resolved by contacting your local building department. Beware of Construction Con Artists, Who May: ■ Target the elderly, uninformed or the young and inexperienced. ■ Focus on roofing and remodeling. ■ Solicit door-to-door, claiming to have "just finished a job down the street." ■ Arrive in unmarked vans or trucks, possibly from out-of-state. ■ Use a post office box address with no street address. ■ Promise to use your home as a "demonstration model" at a bargain price. ■ Offer to work for you, only if you obtain the necessary building permits, which makes you responsible for the work done. ■ Ask for all the money up front. ■ Become injured on your property and sue you for damages. Find a Reputable and Reliable Contractor. • Ask to see the contractor's registered or certified license. All state -generated licenses include a wallet card. Verify that the license you are shown confirms the person's identity. Ask to see additional identification. ■ Note the license number and check with the Department of Business and Professional Regulation or local building officials to verify that the license is current and active. ■ Determine how long the contractor has been in business. You may want to check with local building material suppliers. ■ Ask for references of persons for whom the contractor has done work and CHECK THEM OUT. Before Signing the Contract, You Should: ■ Read it carefully. ■ Fill in all the spaces. ■ Consult your insurance agent to determine if the repairs are covered by your policy and verify the proper procedure you must follow to ensure payment of a claim. ■ Have an attorney review the contract before you sign. Take every reasonable precaution to protect your interests. 10/21/02 Unlicensed Activity Program JTK Be Sure Your Contract Includes: ■ Contractor's name, address, telephone number and professional license number. ■ Detailed description of work to be completed and the quality and type of materials to be supplied. ■ A complete list of companies or individuals supplying the contractor with labor or materials. ■ The total cost and a payment schedule tied to the completion of various stages of the project. ■ Any financing information that is required by law or that is part of the transaction. ■ Any warranty agreements. ■ A commencement and completion date. ■ All necessary building permits or fees will be the responsibility of the contractor. ■ An agreement regarding site cleanup and debris disposal. ■ A notice of the consumer's rights under the Construction Industry Recovery Fund. Canceling a Contract Some home improvement or repair contracts may be cancelled without penalty or obligation by midnight of the third business day after signing. These contracts include: ■ Agreements signed anywhere other than the seller's normal place of business, unless you have requested the specific goods or services. ■ Agreements resulting from door-to-door sales solicitation. ■ Agreements that will pay on an installment basis for more than 90 days. It is important to note that emergency home repairs, made at the owner's request, are not subject to cancellation under the three-day rule. To protect yourself, consult an attorney. Some Final Advice ■ Avoid any contractor who requires a large advance payment. Agree to pay after the work is completed or by regular progress payments. ■ Do not sign any type of completion certificate until all work is completed to your satisfaction. ■ Do not pay in cash. ■ If your contract exceeds $2,500, become familiar with the Florida Construction Lien Law. A notarized release of lien will help ensure that you will not have to face double payments or possible loss of your property to unpaid workers or material suppliers. The Florida Department of Business and Professional Regulation provides up-to-the- minute information about all our licensed professionals online. To verify if a contractor is properly licensed, or to file a complaint online, please visit www.myflorida.com and locate eGovemment Services, click on Business and Professional Licenses, then Search for a Licensee or call our Customer Contact Center at 850.487.1395. Be Sure! Be Safe! 10/21/02 Unlicensed Activity Program JTK Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Ordinances -I' Reading Item 9 No. upon receipt. AGENDA REPORT CITY COUNCIL, OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 10-2004, VACATING A PORTION OF HARBOR DRIVE RIGHT-OF- WAY DEPT./DIVISION: ADNIINISTRATION Requested Action: City Council consider at first reading Ordinance No. 10-2004, vacating a portion of Harbor Drive between Lots 19 and 100. Petitioners are David Eppley and Rhonda Lee. Summary Explanation & Background: The Planning and Zoning Board approved this item with conditions outlined in Section Two of this ordinance. I am still waiting for the survey that reserves the 20-$ wide emergency access. I will place in council's mailbox upon receipt. I recommend approval at first reading. Exhibits Attached: Ordinance No. 10-2004 City Ma rls Offi ' ' Department ADMINISTRATION ''r ORDINANCE NO. 10-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED IN PLAT BOOK 15 PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. WHEREAS, David Eppley and Rhonda Lee have requested that the City of Cape Canaveral abandon and vacate that certain parcel of land being part of the unimproved right-of-way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat Book 15, Page 81, in the Public Records of Brevard County, Florida; and WHEREAS, the Planning and Zoning Board members voted by majority and recommended approval to the City Council of the above -referenced request to vacate and abandon the property with stipulations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has determined that it is in the best interest of the City vacate said right -0f --way with stipulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Vacation. The City of Cape Canaveral, Brevard County, Florida, hereby vacates the property described as the lot located east of Lot 100 and west of Lot 19 on Harbor Drive, described as follows: Harbor Heights, Third Addition, at Book 15, Page 81: A parcel of land being part of the unimproved right-of-way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat Book 15, Page 81, Lying in Fractional Section 14, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Begin at a concrete monument marking the northeast corner of Lot 100, aforesaid Harbor Heights, Third Addition; thence S 890 20'25" E, along the Northerly line of said Harbor Heights, Third Addition and along the Northerly line of Ridgewood Avenue as depicted on said record Plat, a distance of 80.00 feet to the westerly line of the lands described in official records Book 2626, Page 364 of the Public Records of Brevard County, Florida; thence S 00' 39'35" W. along said westerly line, a distance of 100.00 feet; thence N 89 0 20'25" W, a distance of 105.00 feet to the point -of -curvature of a radial circular curve concave to the northwest having a radius of 25.00 feet; thence along the arc of said curve, through a central angle of 90 °00'00", an arc distance of 39.27 feet to the point -of -tangency; thence N 00' 3935" E, along the platted westerly right-of-way line of said Ridgewood Avenue, a distance of 75.00 feet to the point -of -beginning. Containing 8,134.1 square feet, more or less and being subject to any easements of record. SECTION 2. Easement Stipulations. The City of Cape Canaveral, City Council upon recommendation of the Planning and Zoning Board approve the request to vacate the property with the following stipulations on the subject easement: a. The City will retain an emergency access easement to the Villages of Seaport. b. The subject easement shall include all City utilities and franchises. C. The subject easement shall be 20 -feet wide to align with the emergency access to the Villages of Seaport's 20 feet. d. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. e. The easement area shall be stabilized to meet fire equipment access requirements. f. A survey of the easement, drawings and legal description shall be provided to the City. (Attached as Exhibit "A.") g. The applicant shall pay all costs. SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. Recordation. The City Clerk is hereby directed to promptly record this Ordinance in the Public Records of Brevard County, Florida. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption and shall be recorded with the Brevard County Clerk of Court. City of Cape Canaveral, Florida Ordinance No. 10-2004 Page 2 of 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY First Reading: Published: Second Reading: Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral, Florida Ordinance No. 10-2004 Page 3 of 3 March 15, 2004 Tony, Just to follow-up on our conversation this morning, I have verified with Bennett that all the information required by the Planning & Zoning Board has not yet been submitted. More specifically, the survey we received does not depict the 20 ft. easement. Please note that if City Council vacates all 50 ft., the property owners will not be allowed to do anything with the property. If you need clarification please contact Bennett directly. Let me know if I can be of further assistance. I also verified with Bennett that he wants this going back to the Planning & Zoning Board for final recommendation to City Council. Tony, as soon as I receive all the required documentation the City can move forward with the request. Sincerely, Susan 19a --4z66 Date: January 20, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, P & Z Board Secretary Re: Status Update to Vacate an Easement in Harbor Heights for Tony Hernandez On November 12, 2003 the P & Z Board recommended approval of the above referenced easement with many stipulations. The attached should serve to satisfy #6 of the memo to you dated September 20, 2003. Please give me a status update of this request. If I can be of further assistance please let me know. City of Cape Canaveral Pr Date: September 20, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Request to Vacate a 80-105 ft. Easement, (Unimproved Ridgewood Avenue, Harbor Heights) - Tony Hernandez, IIl, Applicant. The Planning & Zoning Board reviewed the above referenced proposed vacation of easement at the meeting held on November 12, 2003 and by majority vote, of the three members in attendance, recommended approval to City Council with the following stipulations: 1. The City will retain an emergency access easement to the Villages. 2. The subject easement shall include all city utilities and franchises. 3. The subject easement shall be 20 feet wide to align with he emergency access to the Villages of Seaport's 20 feet. 4. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. 5. The easement area shall be stabilized to meet fire equipment access requirements. 6. A survey of the easement, drawings, and legal description shall be provided to the city. 7. All costs shall be paid by the applicant. 8. The final easement agreement shall be approved by the Planning and Zoning Board and City Council before recording. Please note that Board member Leo Nicholas voted against the motion because in his opinion the City would not benefit by granting this request. Please schedule this proposed ordinance on an upcoming meeting agenda. Thank you. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Community Appearance Board Meeting Minutes November 12, 2003 Page 2 3. Recommendation to City Council Re: Request to Vacate a 80-105 ft. Easement, (Unimproved Ridgewood Avenue, Harbor Heights) - Tony Hernandez, III, Applicant. Mr. Hernandez, applicant gave an overview of the request to vacate the easement. He explained that the property was being maintained by the property owners. He advised that the property is an eyesore, an attractive nuisance, there are constant problems with vagrants, the maintenance of the property is a continuous burden, and the city would benefit by this property being placed on the tax rolls. The Board members reviewed the reports from City staff. Mr. Hernandez agreed with the conditions of the public works director with the change that the emergency access easement be changed to 20 ft. a required by the fire department. John Cunningham, Assistant Fire Chief, verified that 20 ft. access was acceptable. He advised that Villages of Seaport will install brick pavers for the access, as per their approved site plan. Mr. Nicholas voiced his opinion that the City would not benefit by this request. Discussion followed. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval to include the recommendations of the Public Works Director as follows: 1. The City will retain an emergency access easement to the Villages. 2. The subject easement shall include all city utilities and franchises. 3. The subject easement shall be 20 feet wide to align with he emergency access to the Villages of Seaport's 20 feet. 4. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. 5. The easement area shall be stabilized to meet fire equipment access requirements. 6. A survey of the easement, drawings, and legal description shall be provided to the city. 7. All costs shall be paid by the applicant. 8. The final easement agreement shall be approved by the Planning and Zoning Board and City Council before recording. Discussion followed. Mr. Nicholas advised that he would vote against the motion because the City would not benefit by granting this request. Vote on the motion carried by a (2) to (1) vote with members voting as follows: Mr. Fredrickson, for; Mr. Nicholas, against; Ms. Shea -King, for. Vatic 1 ul I Ed Gardulski From: "Ed Gardulski" <egardulski@bellsouth.net> To: "City - Todd Morley" <morley-cape@cfl.rr.com>; "City - Susan Chapman" <Chapman- cape@cfl.rr.com>; "City - Anthony Garganese" <agarganese@orlandolaw.net>; "City - Bennett Boucher" <boucher-cape@cfl.rr.com>; "Eng Plan - Todd Peetz" <Planning4u2@aol.com> Cc: "Staff - Walter Bandish" <wbandish@bellsouth.net>; <Thernandez3@cfl.rr.com> Sent: Wednesday, November 12, 2003 2:21 PM Subject: Vacation of ROW Harbor Heights RE: Vacation of City ROW item for tonight's P&Z meeting The conditions of the Vacation of the Harbor Height ROW shall be as the following: 1. The City will retain an emergency access easement to the Villages. 2. The subject easement shall incluq all city utilities and franchisees. ?.A 3. The subject easement shall be _tet wide to align with the emergency access to the Village's -2�5 feet. 4. In addition, the easement shall allow for the required turning radius to meet Fire Equipment requirements. 5. The Easement area shall be stabilized to meet fire equipment access requirements. 6. A survey of the easement, drawing, and legal description shall be provided to the City. 7. All cost shall be paid by others. 8. The Final easement agreement shall be approved by the P&Z and City Council before recording. Ed Gardulski Public Works Director 1 1 /I-111n0Z MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: November 5, 2003 RE: Vacation of Road Right of Way Harbor Heights Drive. Reviewed the City of Cape Canaveral road right of way located at the north east corner of Harbor Heights Subdivision 3"1 addition as recorded in Plat Book 15, Page 81 Lying in fractional section 14, Township 24 South, Range 37 East, City of Cape Canaveral, Brevard County. This property is utilized as an emergency access point. More so, the City of Cape Canaveral may have future needs for this property. As Public Works Director, the vacation of the road right of way is not recommended. TRIAL & APPELLATE PRACTICE GENERAL PRACTICE I. A 11' A ll�n II )K V lAAI) l li,. \l trtti^.:>I lttl'• September B, 2003 MRS. SUSAN L. CHAPMAN Administrative Assistant to the Building Official Secretary to the Planning & Zoning Board City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 RE: Request to Petition for Action to Abandon a Portion of the Harbor Drive Right -of -Way ,tet Dear M dpman: As you know, my office represents the legal interests of David Eppley and Rhonda Lee regarding the above -referenced matter. Torry Hernandez, 111, ESQ. Elena M. Alvatez, ESQ. -Paralegals Diana E. Hendren Cynthia A. Williamson Investigator Eugene Byrd, LPI M"' ical Consultant Blanca R. Lara, LPN This correspondence serves as our application to the City Council requesting that the City of Cape Canaveral abandon the property described as the lot located east of Lot 100 and west of Lot 19 on Harbor Drive. My clients own the adjacent property to the land in question and agree to accept their portion of the lot in fee simple. My clients agree to a 20 foot wide easement to run along the center of the lot. Pursuant to Section 110-476, Dedicated Public Land, enclosed please find the following: (A) Copy of survey depicting property; (B) Current appraisal I would respectfully request that this matter be scheduled for the November 12, 2003 Planning and Zoning Board Meeting. TH3/deh Enclosures as stated cc: David Eppley and Rhonda Lee Sincerely, To nandez, III -..,_ .) ., ,I +1 Todd Pee #'Z� 6', 1 11 1lanIi0P rani V rtal I'lot ida 32920 " OF SEAPORT '� A CONDO R-2 2 r — CAPE CANAVERAL �,. s = 654 RBO1R HEIGHTS 125 ,2 123 z t2' h1E/GHS s p� Ist ADD. n DR. 721 HARBOR DR. ry�y 77 �{ � - i 1 1 1 80 8, `s 82 83 LJ. 89 90 Jr MiJD 96 97 99 19 U4105J .'2Q . 55 52 ', x �, 80 ,R . HEIGHTS Sa 5' vl t.le5i G15-�0,� ;Ol =� �4 (/-81) 02 38 3- S ps e6 DR. 15 v CORAL f DR. 37 :>. 20 *25. j 11 12 "=IQ o 14 e^6 / 3 24 21 e z 33 SUBJECT _I PROPERTY '•�-�gaza;. > �1 R-3 / . _r zai� • I_tST TMREE•8 """) (25-791 •7Bi7GEavV W�BB� LrEM'WOODS mJREPL6i Of OCEAiWG17O5 E OCEAN OAKS A CO DO •55 y �� Eav =� �161iT " STKaE //1N ► PH.2 2A —56 7-0 --- `U - --� ----- ------ - ---_ OCEAN OAKS A CON Q`�f EaN 57 55 ENT�e6-76) 77 _ 4 PH. *1A O e3 i ('60"3 • rsa3 O0 19 11200.0 11 z2,1.o.0z1 CAECAPE8.0, ElRAL 17 Oz 9 BEACH 19.02 277-01 1e ,UNIT 2 (17-8/)'51 BLVD. -7R.4L. av 6 IV 7 k _4 . e o CONDO 2.01 13.01 2.01 )3' )3' I )3' 4.01 .0215.01 s n 6 )3' 6.01 7.01 7.03 8.01 Q i , 3 a 4.01 5 6.C26.03 p.02 7 8 ROYAL MANSION A CONDO _ 2.01 a SURF DR. 1 � 9A ' a I 2 3 c 5 9 10.01 ,1 N vm X1.1 O ^ m .w 10 - - sy 11.01 /Q `1 I `/ I I I4. BARBIZON bo 3 a . °� a � err �� tl RM�JI �a� 8 ( 1 CANAVERAL SANDS vcoNm 9 >��•'4LIt`�DSEY CT TR 32 33 ' CONDO PHASE ILi r , .,_icicr �� u ..1 ap` _� .o •�� �� •> Q 11 R. �' 2O n EDGE OF PAVING KIO& W000 AVENUE O 11E16HTS THIRD ADDITION U AT BOOK 15, PAGE 81 c C LEGAL DESCRIPTION: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT-OF-WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION AS RECORDED IN PLAT BOOK 15, PAGE 81, LYING IN FRACTIONAL SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A CONCRETE. MONUMENT MARKING THE NORTHEAST CORNER OF LOT 100, AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89'20'25" E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS, THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AB DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80.00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00-39'35" W, ALONG SAID WESTERLY LINE, A DISTANCE OF 100.00 FEET; THENCE N 89'20125" W,'A DISTANCE OF 105.00 FEET TO THE POINT -OF - CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 39.27 FEET TO THE POINT -OF -TANGENCY; THENCE N DO"39135" E, ALONG THE PLATTED WESTERLY RIGHT-OF-WAY LINE OF SAID RIDGEWOOD AVENUE, A DISTANCF OF 75.00 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8,134.1 SQUARE FEET, MORE OR I•ESS AND BEING SUBJECT TO A1IY EASEMENTS OF RECORD. 1 VILLAGES OF SEAPORT �r FOUND CONCRETE MONUMENT SUBJECT 'r OFFICIAL RE/ POINT-OF-BEGINNING PROPERTY � r FOUND CONCRI S 9'20'25'E 80.00 / r r r r r i� WLo r r' EIGHTS,THIRD ADDITION m Ir T BOOK 15,PAGE B1 ¢ cr om o m , N r , o pal (DAVID W. & MICHAELYN EPPLEY) W U) , / LOT 100 cr ' M M / / m Z W O / m FOUND "5 REBAR (ALLEN) z RADIUSt 25.00 / DELTAt 90'00100' ARCt 39.27 / / 105.00 r N89'20'25'W / (LB 4119) FOUND s4 REBAR , SET 05 REBAf EDGE OF PAVING KIO& W000 AVENUE O 11E16HTS THIRD ADDITION U AT BOOK 15, PAGE 81 c C LEGAL DESCRIPTION: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT-OF-WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION AS RECORDED IN PLAT BOOK 15, PAGE 81, LYING IN FRACTIONAL SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A CONCRETE. MONUMENT MARKING THE NORTHEAST CORNER OF LOT 100, AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89'20'25" E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS, THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AB DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80.00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00-39'35" W, ALONG SAID WESTERLY LINE, A DISTANCE OF 100.00 FEET; THENCE N 89'20125" W,'A DISTANCE OF 105.00 FEET TO THE POINT -OF - CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 39.27 FEET TO THE POINT -OF -TANGENCY; THENCE N DO"39135" E, ALONG THE PLATTED WESTERLY RIGHT-OF-WAY LINE OF SAID RIDGEWOOD AVENUE, A DISTANCF OF 75.00 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8,134.1 SQUARE FEET, MORE OR I•ESS AND BEING SUBJECT TO A1IY EASEMENTS OF RECORD. August 21, 2003 Mr. Tony ilernandez 6550 North Atlantic Avenue Cape Canaveral, Florida 32920 Geiger, Geiger & Associates, Inc. P.O. Box 321354 Cocoa Beach, FL 32932-1354 Phone: (321) 784-2134 Fax: (321) 784-3110, e -Mail: gga(elbrevard.net Re: Appraisal It: AO-57-7-3-1- Ridgewood O-57-7-3-LRidgewood Avenue Road Right of Way in Cape Canaveral, Florida See attached for full legal description Dear Mr. Ilernandez: I have completed the appraisal of the unencumbered fee simple estate of the property in Brevard County, Florida, that is identified in the attached documents based on the survey that you provided our office. The function of this appraisal is the use to which it will be employed. In this assignment it is: To estimate a fair and equitable price at which the land should sell Or Should be purchased It was assumed that the street address or legal description provided by you was correct. The value provided assumes there were no adverse mortgages, leases, liens, easements, adverse environmental conditions, encroachments, or encumbrances on the subject property. It was assumed the dimensions and size indicated in the survey was correct. The purpose of this appraisal is to estimate the current market value of the subject property according to definitions stated in this report and to the assumptions, limiting conditions, and certifications therein. The value provided would be the same if contracted by a buyer or seller of the property. Market value is defined on the attached "Certification and Limiting Conditions": (Form 10048). Date inspected: July 15, 2003 After analyzing all available information, it is my opinion that the market value of the subject property in fee simple, subject to an access easement, as of the date inspected, is : ZERO DOLLARS $0 To the best of my knowledge, this appraisal assignment and report conform to the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal Foundation. In the preparation and analysis of this assignment, the development process used provided a Limited Appraisal. The Departure Provision was applied. A Restricted Report is attached; data not presented but used in the analysis will be retained in the appraisers file. All land appraisal values are subject to inspection by a licensed hazardous materials inspector to determine if there are any hidden condition, hazardous materials or environmental conditions that were not identified or found at the time of the inspection or reported in the appraisal document that may adversely affect the value conclusion provided. None were found by the appraiser. 'I'hank you for the opportunity to provide [his service fur you. Sincerely, William Geig�r, SRA St.Cert.Gen.RCA #RZ1056 /pr Attachment (file 57-7-3-1) Scope of file A11n-aisal The scope of file appraisal: An appraisal is all unbiased estimate of the "nattye," "quality," "value," or "utility" of an interest in, or aspect of, identified real estate and related personality. There are, therefore, several potential types of'assignments and reports that appraisers prepare. They can be evaluation or valuation assignments. 'I his report is a "valuation" assignment that provides an "estimate of value." The appraiser collected, verified, analyzed and reconciled appropriate comparable transfers of ownership. Although a single point value was requested, it should be acknowledges (hal, under the constraints imposed, an appraiser can only accurately provide a value conclusion within a range of value. The appraiser has relied upon a variety of -sources for data in this report. Comparable data sources include public records, recorded deeds, county property records, office files, and representations by local brokers, sales people, and other knowledgeable persons. A search was conducted for sales comparable to the subject, located in comparable neighborhoods on similar sites and within the subject's market area. Only the most comparable data were researched in the report, however numerous others were reviewed and analyzed. liackeround and Analysis An extensive review of numerous past transfer of -ownerships from city, county, and government ownership to citizen ownership of an existing street or a platted proposed street or right of way, indicate (flat the transfers take place with little consideration (i.e. no appreciable monetary exchange). The reasoning is basic in that it has no value in use or exchange to the city. The only people (hat give it value or use or exchange is (he adjoining properly owners. The value is somewhat comprised to the new owner because they will have to pay additional costs of ownership such as insurance, taxes and maintenance. tf there is an access easement as proposed, file new owner cannot build on or even plant a tree or bush in the easement. The value to the city selling is, they now collect taxes, do not have to make expenditures for maintenance, insurance or repairs. The value to file new owners is that they can beautify the properly, maintain it without trespassing and include it with their land when selling. There is a chain link fence on the north properly line. 'f he subject is sodded and well maintained at present. Conclusion: The value is negligible. In this value conclusion, it was assumed that the city would keep a twenty foot access easement in the center of the existing right of way. The highest and best use of the properly was assumed to be surplus land (cannot be developed separately) for use by adjoining property owners. The zero value assumes the adjoining property owners pay the cost of transfer of ownership. FI IN(A ION AND PURPOSE OF'I 11EAPPRAISA L AND DEFINYI IONS. Function or Objective: The "limction" or use of an appraisal is the manner in which the client employs the information. An appraisal may be accomplished for a variety of uses. They include (1) Transfer of Ownership; (2) Financing and Credit; (3) Just Compensation in Condemnation Proceedings; (4) Tax Matters; (5) Investment Counseling and/or Decision Making; and (6) Asset Valualion Estimation lin Accounting Purposes. The function or use of the appraisal is "Transfer of Ownership" 'rhe intended user of the report is: Totij, [lei tandez. Fs( idre Type of Value Provided There are numerous types and definitions of value that are appropriately used. They include: investment value, insurance value, value in use, personal property value, reproduction value, market value, leasehold value, leased fee value, fair value, etc. The value type provided in this report is Mai kct Vaing Purpose The putpose of this report is to estimate the current market value of the subject property as of the date of the appraisal. Market value does not change with the function of the appraisal report. The value conclusion drawn by this appraiser would be the same if accomplished for the buyer or the seller of the subject property or performed for the mortgagee or mortgagor. Definition of Market Value Market Value is defined as the most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest , and assuming that neither is under undue duress. Fundamental assumptions and conditions presumed in this definition are (1) buyer and seller are motivated by self-interest; (2) buyer and seller are well informed and are acting prudently; (3) the property is exposed for a reasonable time on the open market; (4) payment is made in cash, its equivalent, or in specified financial terms; (5) specified financing, if any, may be the financing actually in place or on terms generally available for the property type in its locale on the effective appraisal date; and (6) the effect, if any, on the amount of market value of atypical financing, services, or fees shall be clearly and precisely revealed in the appraisal report. Definition of Fee Simple Interest Fee Simple Interest is defined as the greatest right and title which an individual can hold in real property. It is "free and clear" ownership subject only to the governmental rights of police power, taxation, eminent domain and escheat reserved to the Governments of the United States of America and the State of Florida under their constitutions. Sellout Value Definition Sellout Value is defined as the summation of all binding contracts and anticipated sale prices at the time of the appraisal. It can be higher, lower, or equal to Market Value. It is usually higher if a long sellout is anticipated because discounting for the time/value of money will be required. It is usually lower if individual unit pre - construction contracted sale prices are below today's individual Market Values. Il is usually equal to Market Value if the individual unit sales are contracted at Markel Value and all the units are anticipated to be sold within a short lime from completion. Other Definitions See Addendum for specialized definitions and abbreviations. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title born seller to buyer under conditions whereby: (t) buyer and seller are typically motivated; (2) both parties are well informer) or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideralion for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales tmnsaclions. Special or creative financing adjustments can be made to [he comparable property by comparisons to financing terms offered by a third party institutional tender that is not already involved in [he property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in file appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the properly and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site Is located In an identified Speclal Flood Hazard Area. Because the appraiser Is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. T The appraiser will not give testimony or appear in court because fie or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the properly. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources [hat he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. B. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can he conveyed by anyone to the public through advertising, public relations, news, sales, or other media. - Freddie Mic form 439 0 93 Page 1 of 2 Fannie Mae Form 100 -IB 6-93 Geiger Geiger & Associates Ioil ("•C', ''I ilp,r In,Windov",, p lais:1,)!I,,lip byalar,ri-1, hu: —1-800-RIV.1011F APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to rellect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, 1 have made a negative adjustment io reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in lire appraisal report. I have nut knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in file vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of file client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of tills appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted In the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any Individual or Individuals In the performance of the appraisal or the preparation of the appraisal report. I have named such Individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change Is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared file appraisal report, have reviewed [lie appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appralser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: (seo attachod legal), Cape Canayeral, Florida 32920__ APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: flame. WM GEIGER SRA -- Date Signed: August 21, Slate Certification #: ST.CERT.GEN REA RZ1056 or State License #: State: FL --------------- - - -- Expiration Dale of Certification or License: _11/30/2004 Signature: Name: Date Signed: State Certification #: or State License #: Stale: --�_— -- �- Expiration Date of Certilication or License: I I Did I I Did Not Inspect Property Freddie Hic roan .139 6 93 Page 2 of 2 f romp Mae Form 10048 6-93 Form AM - "TOIAI Ior Window" appraisal software by a la mode, Inc — 1 -800 -Al Af10DF Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Resolutions Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-17, ADOPTING A CITATION FORM DEPT./DIVISION: LEGAL Requested Action: City Council consider the approval of Resolution No. 2004-17, adopting a citation form, Summary Explanation & Background: This resolution will formally adopt the form that will be used to issue civil citations. The form will go to print after approval by City Council. I recommend approval. Exhibits Attached: Resolution No. 2004-17 and Citation Form City ManaOffice Department LEGAL ca m ydo admin\council\meeting\2004\05-04-04\2004-17.doc RESOLUTION 2004-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH ORDINANCE NO. 06-2004; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 20, 2004, the City Council of the City of Cape Canaveral, Florida, adopted Ordinance No. 06-2004 authorizing the issuance of citations for certain code violations under Chapter 162, Florida Statutes; and WHEREAS, in accordance with Ordinance 06-2004 the City Council desires to adopt a citation form to be used for citing violators of certain provisions of the Cape Canaveral Code as authorized by Section 2-288 of the City of Cape Canaveral Code; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Citation Form Adopted. The citation form attached hereto as Exhibit "A" is hereby adopted and approved as the citation form for purposes of issuing citations under Ordinance No. 06-2004, and Chapter 162, Florida Statutes. Exhibit "A" is hereby fully incorporated herein by this reference. The City Manager is hereby authorized to make minor amendments to the citation form for purposes of printing the citation forms, correcting technical mistakes or inconsistencies on the form, and updating the form to comply with applicable law. Section 3. Printing Citations. The City Manager is hereby authorized to have the citation form printed by a printing company in booklet form, in a manner deemed appropriate by the City Manager in consultation with the City's Code Enforcement Officers. . Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. City of Cape Canaveral, Florida Resolution No. 2004-17 Page 1 of 2 Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Steve Miller Jim Morgan Rocky Randels APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY Richard Treverton OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral, Florida Resolution No. 2004-17 Page 2 of 2 CODE ENFORCEMENT CITATION NO.: ISSUING AGENCY: CITY OF CAPE CANAVERAL This citation is issued under Chapter 2, Article VI, Division 3 of the Code of Ordinances, City of Cape Canaveral Code and Chapter 162, Florida Statutes. The undersigned officer certifies that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on: Day of the Week: Month: Day: Year: Time ❑ AM ❑ PM First Name: Street Addre City: DOB: MI: Last Name: State: Zip Code:. Race: Sex: Phone No.: _ Height: Did commit a violation of Chapter 2, Article VI, Division 3 of the Code of Ordinances City of Cape Canaveral, specifically: ❑ § 38-82 (Private use or display of fireworks) 11 Facts Constituting Reasonable and Probable Cause: Location of Violation: Penalty: S for each violation. Each day such violation shall continue shall be deemed to constitute a separate Infraction. Signature of Officer: Time of Issuance: ❑ AM ❑ PM Print Name/Title of Officer: Date of Issuance: / / Issued by: ❑ Certified Mail, Return Receipt Requested ❑ Hand Delivery to Violator ❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Spec Person: NOTICE TO VIOLATOR This Citation is issued pursuant to Chapter 2, Article VI, Division 3 of the Code of Ordinances, City of Cape Canaveral and Chapter 162, Florida Statutes. Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was issued. Upon receipt of this Citation, the violator shall elect either to: (1) Within fourteen (14) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. You must include a copy of this Citation with your payment; OR (2) Within twenty-one (21) days of receipt of this Citation, not including weekends and legal holidays, request an administrative hearing before the County Court to appeal the issuance of this Citation in accordance with the applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the twenty- one (21) day time period shall constitute a waiver of the violator's right to a hearing and such waiver shall be deemed an admission of the violation and judgment may be entered against you for an amount up to the maximum civil penalty. If the County Court finds that a violation exists, the County Court may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs. The above remedies are not exclusive. Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this Citation is a second degree misdemeanor punishable by a fine and/or 60 days in jail as provided by § 775.082 or § 775.083, Florida Statutes. Signature of Violator: Date: Original - To Be Retained by City Yellow Copy - To be Retained by Violator Meeting Type: Regular Meeting Date 05-04-04 AGENDA Heading Discussion Item 11 No. City Council asked staff to utilize the new sidewalk impact fee and the attached worksheets from Stottler, Stagg & AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: STATUS REPORT ON EAST AIA SIDSEWALK PROJECT TO THE PORT DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council review and comment on the status report on the East AIA Sidewalk Project to the port, as presented by the public works director. Summary Explanation & Background: The scope of the project is to construct 1,524 linear feet of sidewalk on the east side of AIA from W. Central Blvd. going north and connecting to the port sidewalk, with an estimated cost of $38,581. City Council asked staff to utilize the new sidewalk impact fee and the attached worksheets from Stottler, Stagg & Associates outline the proposed sidewalk impact fee for each property owner in the project area. If City Council is satisfied with the proposed sidewalk impact fees, staff will schedule a public hearing and send notices to the property owners regarding their respective impact fees. Please advise. Exhibits Attached: Public works director's memo of 04-26-04 City Mana a '� Office f Department PUBLIC WORKS cape im\my ocLune in\meeting\council\2004\05-04-04\sidsewalk.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 26, 2004 SUBJECT: City Council Agenda Item for May 6th, 2004 Discussion Item: Sidewalk along the East Side of AlA to the Port As a discussion item, City Council has the desire to have a sidewalk constructed along the eastside of A 1 A commencing from Central Avenue and extending to the Port Authority's sidewalk located at the City of Cape Canaveral's north city limit. To meet this goal the Public Works Department will need to comply with the City of Cape Canaveral's Ordinance 08-2003. In part, this Ordinance provides for the advance funds to construct required sidewalk and impose a sidewalk impact fee. To meet this requirement the City will need to hold public hearings stating the preliminary cost of the project and the determined proposed cost for each property owner to be determined by the sidewalk frontage. On February 3rd 2004 City Council tasked SSA to determine the probable construction cost of a sidewalk along the eastside of A 1 A connecting to the Port Authority's sidewalk. Attached is Stottler Stags & Associates Engineering report. In summary, the total probable construction cost of 1,524 linear feet of sidewalk is $38,581. SSA have broken down the unit quantities and itemized cost per Parcel. This sidewalk project cost is for the sidewalk only and does not include the cost of Engineering design, FDOT permitting, storm drain piping improvements and public notice. Attachments cc: File March 26, 2004 SSA Mr. Ed Gardulski City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Cost Evaluation for City of Cape Canaveral, A1A Sidewalk Project from Central Blvd. To Port Authority Sidewalk Dear Ed: Per your recent request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present to you a Preliminary Cost Evaluation for the above- mentioned Project. This proposed sidewalk distance is approximately 1524 feet and our attached photos show some of the obstructions. We have broken down the Quantities and itemized costs per Parcel and have indicated the Parcel Owners on the Attached Sheets. As always, if you have any questions, Please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Senior Vice President JAP:wrc cc: Bennett Boucher Kim Kelly S"I0"ITLHR SI'AGG & ASSOCIA"1 GS ARCHITECT") ENGINI I;RS - NI,A.NNERS, INC. 8680 Nooh MaWic Avemw P. (1, llox 16'30 Cmiavvl-M, Flori(la 32920 Tcl 321-18:r13L0 Fay, '321 783-7065 Lic. #AA( 000329 #L'110000762 #LB0006700 1lfilesmerluserstrandy curnhelcivilldty of cape canaveraWsidewalk design ala east to pon doc City of Cape Canaveral Sidewalk Project From Central Blvd. tying into Port Authority Sidewalk Areas Total Project Length: 1523.42 Ft (0.29 Miles) Total Project Sidewalk (Existing): 425.02 Ft (0.08 Miles) Total Project Sidewalk (proposed): 1098.40 Ft (0.21 Miles) Sidewalk Width: 5 ft. Total Project Sq. Ft.: 5492.0 Total Project Sq. yd.: 610.23 Estimated Proiect Concrete (Cubic Yards): Thickness / Cubic Ygrds 4" 67.0 CY 5" 85.0 CY 6" 102.0 CY Auroximate cost Qer Square Yd of Sidewalk: Concrete & Labor: 610 SY @ $30869 Embankment/Fill (for Slopes): 482 CY @ $5607 Sod (Slopes and Disturbed Areas, 1221 SY @ $2105 TOTAL PROJECTED COST: F- . d 990L -EBL -Tae "e4S JOT 44015 e T i, %80 b0 La -4dti City of Cape Canaveral Sidewalk along AlA SSA Job No. 04-0015 Tax Parcel/ Platbook & Page No. Sidewalk Fill Sod Concrete Totals Owner & Physical Prop. Address Sq. Yds. Cost Cost Cost Length X 5ft.@ 4" Thick 24-37-15-00-00758.0-0000.00 223.45X 5.0 $1140 $428 $6274 $7842 ORB 3607 Og. 4108 SY= 124 Owner: Sheldon Cove LTD 24-37-15-00-00804-0000.00 199.74X 5.0 $1020 $383 $5615 $7018 ORB 3677, Pg. 4215 SY= 111 Owner: Sheldon Cove LTD 24-37-15-00-00756.0-0000.00 350.02 X 5.0 0.0 0.0 Existing N/A ORB 3623, Pg. 2263 Existing S/W Owner: AJT LTD 8900 Astronaut Blvd 24-34-15-00-00026.0-0000.0 297.83X 5.0 $1520 $570 $8374 $10464 ORB 4142, Pg. 2634 SY= 165 Owner: Stroud, Stephen E. & Ramsey, Grace D. 24-37-15-00-00023.0-0000.00 75.OX 5.0 $384 $144 $2110 $2638 ORB 3662, Pg. 2484 SY= 42 Owner: Pindziak, Charles W. 24-37-15-00-00005.0-0000.0 75.OX 5.0 0.0 0.0 Existing N/A ORB 3291, Pg. 1767 Existing S/W Owner: Purcell, Gloria V 9110 Astronaut Blvd 24-37-15-00-00004.0-0000.00 302.38X 5.0 $1543 $580 $8496 $10619 ORB 3628, Pg. 0050 SY=168 Owner: DG Beach Waves Inc. TOTALS 610 SY $5607 $2105 $30869 $38581 Calculations based on 5ft Sidewalk/ Thickness=4" / Slopes 5:1 15% Contingency added to Cost Figures above. Utility Conflicts with Tie -In at Central Blvd. Area from Central Blvd. to Imperial Dr. Clearing & Fill Zi Tie in at Part Authority Sidewalk, Conflict with Existing Ditchline. Tie in at Port Authority Sidewalk, Conflict with Existing Ditchline. Tie in at Part Authority Sidewalk, Conflict with Existing Ditchline. dM _ Ren Nil __— ' _—__—_ - a ;_A I It s R ■ d r � 1 a I� I, at e e 0 na toot oxoo .Y R � I a raw 7,oaa.t It _ s E L w -0 'NK YYO i W'0000-Oi0000-Oo- I $ 1t-49-r: mww ni • YI! I y ! y i JS Ph ... INiod'UK aw aomm ocmoo 4 f- m-M ti-K alwd w ^ 8 ota WD �w�goo JlJ2R ovm I (=ypp--oo-C1-[f-K 1Z,m 1q • i E ' � I I � ? p +. a �3 I � � I January 20, 2003 SSA Ed Gardulski, Director, Public Works .City of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, FL 32920-0326 VIA FACSIMILE: 868-1233 RE: SSA Fee Proposal for Initial Planning of Sidewalk Along SR AIA from Central Avenue North to the Port Canaveral Sidewalk Dear Ed: Per your. request, Stottler Stagg & Associates, Architects Engineers Planners, Inc. (SSA) is pleased to present our fee proposal for the initial planning of a City sidewalk along the east side of SR AIA from Central Avenue North to the Port Canaveral Sidewalk. SSA SCOPE OF WORK Task 1 - Field Surveys SSA will perform a field survey within the 1000± foot study area to determine proposed sidewalk frontage for each owner. Task 2 — Preliminary Cost Estimates SSA will prepare preliminary cost estimates of probable construction costs for sidewalks that would be constructed for each property owner. These preliminary cost estimates would be broken out for each property owner and would include preliminary costs for, drainage, engineering and permitting. In preparing the conceptual layout, SSA will first meet with the FDOT to discuss criteria. Task 3 — Support With Public Meeting SSA will prepare two exhibits showing sidewalk locations and typical sections. SSA will then attend and support public meeting reviewing the potential project. SCHEDULES AND FEES Schedules: Upon written authorization to proceed (and receipt of a City Purchase Order) SSA will start work within five (5) working days. Approximately 15 working days will be required to complete Tasks 1 — 2 above. The public meeting will be scheduled by the City. Fees: SSA's fees for the above listed tasks, Items 1-3 above, will be a lump sum fee of $6,500. Print costs have been included in the lump sum fee. STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Nlantic Avenue P. 0. Box 1610 Cape Canavenal, Morida 32920 Tel 321-783-1320 Fax 321-793--tW5 Lie. #AAC000329 #GB0000762 #LB0006700 Ed Gardulski January 20, 2004 SSA Fee Proposal — Initial Planning of Sidewalk Along SR A 1 Page 2 From Central Avenue North to the Port Canaveral Sidewalk SSXs fees will be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorneys fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shalt assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through March 15, 2004. Acceptance after this date may necessitate increased fees or altered conditions. , Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy and a City Purchase Order. Thank you. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP:mw cc: Kim Kelly ACCEPTANCE: BY: TITLE: DATE: wWm soibrivatciwTprojes�Vmposdaty of cape cw.%wahM psoposa4s*-ga"sW mU planning of sidewalk 201an04.doc -23-04 01:21P City ar Cape Canaveral 321 868-1248 P-01 RECEIVED JAN 2 3. 2004 ORDINANCE NO. 08-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; Al►ZEIITDING SECTION 110-475 OF THE CAPE CANAVERAL CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS APD CONSTRUCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON. NEW DEVELOPMENTABUTTINGTH E SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE IMPACT FEE AND APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY OWNERS RECEIVING THE BENEFIT OF TRE SIDEWALK; PROVIDING FOR SEVI&R"ILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECT M DATE. WHEREAS, Section 110475, Cape Canaveral Code, currently provides that sidewalks shall be required in conjunction with the construction ofarry building or development abuttins any paved street within the City, and WHEREAS, the City of Cape Canaveral has exclusive control of City Streets and sidewalks and has the discretion under the Florida Municipal Honze Rule Powers Act to say when and where sidewalks shall be constructed in front of abutting property- 37.18, McQuiAin ot}.IVlunicipal Corporations; and WHEREAS, the City also has the police power to order abutting a sidewalk; and landowners to construct WHEREAS, the City also has the power to recover the cost of construc Statutes; and ting sidewalks from abutting property owners that accrue a benefit from the sidewalk. See, e.g,, Chapter 170, Florida WHEREAS, the City Council of the City of Cape Caneweral finds that development of all kinds has an impact and burden on pedestrian travel throughout the City and that sidewalks are instrumental in protecting pedestrians and providing ingress and egress to development; and WHEREAS, Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which include provisions such as "impact fees"; and City of Cape Canavcral Ordinance No. 08-2003 Page I of 4 Jan -23-04 01:21P City of Cape Canaveral 321 868-1248 P.02 WHEREAS, the City Council also finds that the fees required by this ordinance are necessary to mitigate impacts reasonably attributable to development; and WHEREAS, new land development activity generates pedestrian traffic within the City and it is reasonable for the City to require new development to pay a fair share of the cast of expanding new sidewalks attributable to new development; and WHEREAS, the City Council of Cape Canaveral also recognized that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory ordinance is consistent with that mandate. See e.g., Ch. 163, Fla. Stat.; and WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens and property owners of Cape Canaveral. NOW, THERMORE, be it enacted by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Incorporation of Recitals. The foregoing recitals are deemed to be true and correct and are hereby fully incorporated berein by this reference. Section 2, Code Amendment. Section 110-475, Sidewalks Required, Cape Canaveral Code, is hereby amended as follows: (u-nderhned type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-475. It is intended that the text in Section 110-475 denoted by the asterisks and set -forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-475 Sidewalks required (M Prior to the issuance of a certificate of occupancy or final ins2ection for new development or redevelopment. the City may,, at its disrxetion and eKgoa e._cause the ctnstructian of the sidewalk as would otherwise be required by this section and under the following conditions: W Prior to the W=en=oj pf ongtruction. the City shall proyidc all owners of real property 4bilitia&the proposed sidewalk with thirty (30) dais written notice of the City'& intent to eonsttuel the sidewalk and to impose a future impact fee on the property ojers for the costs of the sidewalk. Said notice shall provide a general description of the prolan_ estimated cost and the date. time. and place of the City Council meetingat which the proposed project will be authorized. At the meeting, affected property ownMj wl l be allowed an opportunity to be heard. City of Cape Canaveral Ordinance No. 03-2003 Page 2 of 4 4an-23-04 01:21P City aV Cape Canaveral 321 868-1248 P.03 Upon completion of the sidewalk by the City. the City Manager shall certify in writin to the City Council at a public meeting the cost of constructing the sidewalk The certification shall proportionately allocate the cost of construction to each pamd(a) of real pro qy that has received apedal benefit from the sidewalk At least fifteen (1 S) days prior notice of the certification hearing shall be plovided tp those property owners that maybe unposed an impact fee. At the hearing. affected property owners will be allaa'ed an opportunity to be heard. The City Council sW Wgrove the certificatign hy resolution The certified amount shall constitute a sidewalk impact fee for eadt progM The resolution shall be duly recorded jlt he Z blic records of Brevard CouM Flodda, and shall run with the land W Tie sidewalk iingget fee shall be paid by the graoerty owner prior to a certificate of occupancy or final inspection being issued by the City for the Mooeriv 1D Prior to 2MMont of the sidewalk immt fee, the prop= owner may petition the City Council for a waiver or reduction of the sidewalk impact fee. The amount of any reduction or waivgr shall be based on the costs incurred by the property owner to replace or m2M the sidewalk caused by impiM—entigg a site nlag approved by the City- The property owner shall be responsible for repairing, at the owner's expense_ anter sidewalk which is damaged by construction activities occur on the property. W In the event the rMperty owner fails to pay the s}Iiewalk impact fee pursuant to this Egetion.. the Cit eshall have the right to withhold am certificate of occupancy or final inspection for the property The Qjy shall also have the right to collect the sidewalk im= fee in any manner provided by law and to levy interest at a maximum rate allowed'by law and penalties not to exceed twenty-five„pereent on past due amounts. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. sectioll A. Repeal of Prior Inconsistent Ordinances and (resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict, Section S. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing, City or CAN Canaveral Oreinancx No. 09-2003 t'ago 3 of 4 , a'n- 23-04 01:21P City of Cape Canaveral 321 8613-1248 P-04 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Capc Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of March, 2003. (� Rocky Rsndela, Olayor ATTEST: r � l Susan Stilh, City Clerk First Reading: 3/4/03 Logit Ad pabii od; 3/8/03 second Rv ding: 3/18/x3 Approv s to legal form and sufficiency for the Canaveral only: Anthony A. Gargancse, City Attorney F JJooL:.�tYnl't:ayeC:auveeal`i0ttdloentta\Si�e.-NsIk_llaexcmest.apd For Again[ Bob Hoog 59201d Itm M"pa n Buzz Petsas MtXitm Rocky Randcls x Richard Triwerton X City of Cape Canaveral Ordinance No. 08-2003 Page 4 of 4