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HomeMy WebLinkAboutPacket 06-19-2001CALL TO ORDER: PLEDGE OF ALLEGIANCE: Rnl I CAI I PRESENTATIONS: ,ity of Cape Canaveral INCIL REGULAR MEETING 'ITY HALL ANNEX -nue, Cape Canaveral, Florida TUESDAY June 19, 2001 7:00 PM AGENDA Summer Beautification Commercial Award Kelsey's Restaurant CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 5, 2001. 2. Canceling the Regular City Council Meeting of July 3, 2001. CONSIDERATIONS: 3. Motion to Approve: Authorization to Purchase a New Ladder Truck and Disposition of the Aerial Fire Truck. 4. Motion to Approve: Proposal with Cape Canaveral Scientific, Inc. to Prepare Two Florida Forever Grant Applications. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 01-16; Issuing Permitting Fees to Telecommunications and Cable Providers. 6. Motion to Adopt: Resolution No. 01-17; Flat Rate Telecommunication Fee. 105 Polk Avenue . Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 2 7. Motion to Adopt: Resolution No. 01-18; Appointing a Regular Member and First Alternate Member to the Business and Cultural Board. (Wm. Young and E. Foy) 8. Motion to Adopt: Resolution No. 01-19; Renewal of the Engineering Services Agreement. DISCUSSION: 9. Storm Water Marker Volunteer Project. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will 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 Clerk's office (868-1221) 48 hours in advance of the meeting. City Council Regular Meeting City Hall Annex 111 Polk Avenue, Cape Canaveral, Florida Tuesday June 5, 2001 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Morris Reid, C.B.O., Building Official PRESENTATIONS: VFW Certificates of Appreciation to Deputies Jonathan Potter & Terry Bartnik Mayor Randels recognized the deputies on behalf of the Veterans of Foreign Wars Post No. 10131 for outstanding work in the community. Mayor also acknowledged Deputy Jonathan Potter for his award as the National Deputy of the Year. Government Finance Officer's Association Award to the City Treasurer Mr. Boucher presented the Annual Certificate of Achievement for Excellence in Governmental Financial Reporting to Ms. Andrea Bowers. Mr. Boucher commended the Finance staff for exemplary work. CONSENT AGENDA: Mayor Randels asked if any member of Council, staff or any interested party desired to remove an item from the Consent Agenda for discussion. Mayor Pro Tem Petsos requested to remove Item No. 2 for discussion. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Consent Agenda Items No. 1 and 3. The motion passed 5-0 with voting as follows: City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 2 Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; Mr. Weber, For. 1. City Council Regular Meeting Minutes of May 15, 2001. 3. School Resource Officer Interlocal Agreement with the City of Cocoa Beach. 2. Proposal with Cape Canaveral Scientific, Inc. to Prepare Three Florida Forever Grant Applications in the Amount of $22, 920. A motion was made by Mr. Bruns and seconded by Mr. Treverton to postpone discussion on this item until the next scheduled City Council Regular Meeting. Mr. Boucher related that Mr. Porter no longer desired to pay the grant application fee for the river front parcel. Mayor Pro Tem Petsos expressed that he would like to review additional proposals from other grant writers. Mr. Bruns expressed his concern that the property could be sold in the interim. Mr. Treverton concurred with Mr. Bruns and he noted that the fees were substantially higher than previous grant preparation fees. Mr. Treverton questioned Ms. Amy Adams on the proposal fee. Ms. Adams explained that estimates were performed on the acreage and location using a State recommended formula. She stated that the fees were not based on market value. Ms. Adams stated that although funds are available; land is expensive. Ms. Adams responded to the Council that the applications are due in August. Mayor Randels clarified that an appraisal was necessary in order to ascertain the difference in the asking price from the market value. Council directed Mr. Boucher to discover the asking price for the three properties in question as well as the status of any proposed contracts. Ms. Adams concluded that historically oceanfront property scored high in grant funding. She explained that the plant and environmental assessments already in the City's comprehensive plan were also pertinent criteria in the grant scoring process. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; Mr. Weber, For. DISCUSSION: 4. Storm Water Project for Center Street Outfall Area A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos for City Council's support of the hospital's expansion plan including the portion of the mitigation plan on Center Street if items are mutually agreed by all parties. Mayor Randels provided background on the Center Street project area. He summarized that several of the ideas from the Cape Canaveral hospital project development group were extracted from the City's Storm Water Master Plan. Mr. Boucher explained that the Council would need to determine if the proposed project is acceptable for the community and he questioned the amount of anticipated funding City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 3 from the hospital. Mayor Randels clarified that the focus of the discussion is to ascertain if Council desired to support the project. Mr. Rodney Ketcham explained the evolving nature of the mitigation plan. He restated that when the hospital fills its adjacent area, it must transfer the existing sea grasses. Mr. Bruns expressed concern that if an outfall were installed on Center Street, it would hinder the ability to capture and redirect storm water back to the City's reclaimed water facility. Mayor Randels questioned if the Florida Department of Transportation (FDOT) would be able to match funding for the project. Mr. Ketcham explained that the St. John's River Water Management District would assign points to the FDOT for participating. Mr. Treverton expressed his desire to see the City develop a park in the Center Street area. Mr. Weber concurred with Mr. Treverton's concept for a park and he queried if a price could be set for the available property. Discussion followed on options for the available property. Ms. Adams interjected that the City could not commingle storm water concepts with a park project under a Florida Communities Trust grant. Dr. Michael Dennis, of Breedlove, Dennis and Associates, related why the storm water plan site was chosen for the hospital mitigation project. The hospital mitigation credit would apply to the restoration of sea grasses and he stated that the sea grasses that are planned for removal from the hospital mitigation site would be transplanted to the Center Street area. Mayor Randels summarized that the City's part is to assist with the clean water effort for the area. Mr. Bruns asked if there were alternative sites for the mitigation area. Dr. Dennis responded that no other site was acceptable for planting sea grasses. Mr. Treverton restated his concept that in the effort to plant the sea grasses, property must be purchased. He questioned if the hospital would purchase property for the City to use as a park. Mr. Ketcham explained that in the overall mitigation plan the only property in question is that which impacts the environmental area. Ms. Adams explained that developed land could be used for a Florida Forever grant, but not the land that is part of the mitigation plan. Mayor Pro Tem Petsos asked if this is the best plan for the community. He also asked the hospital representatives for an estimate of its anticipated project funding. Mr. Boucher also questioned what the FDOT would fund for retrofitting the project. Mr. Pekar stated that mitigation points are estimated at $80,000 per acre. Mr. Ketcham responded to Mr. Boucher that the City is not responsible for purchasing the land regarding the water treatment process. Mr. Ketcham reiterated that installing the sea grasses is the mitigation goal, however any other uses for the property is at the City's discretion. Mr. Nicholas expressed that removing the outfall might substantially increase the cost of channeling clean water through the sea grass area. Mr. Laurie Smirl commented that a special workshop regarding what was approved for the mitigation plan could be established. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 4 Mayor Randels recognized that Ms. Linda Frank of Waste Management was available earlier at the Council meetings for questions and status reporting. 5. Brevard County Rave Club Ordinance. Mayor Randels questioned if the Council would agree to opt in this provision. Attorney Bennett clarified that the County's request is that City choose not to opt out of the ordinance. He explained that permitting authorization would come from the County Manager with an appeal process if the permit is denied or revoked. Attorney Bennett responded to Mr. Treverton that costs would be incurred if the City chose to administer and enforce the ordinance. Mr. Boucher stated that he would respond to the County Manager and County Attorney's office to express the City's support. At that time he could outline the details of the application and permitting process. Mr. Boucher explained that the City would have input in the process through local zoning authorization. Mr. Nicholas questioned the City's course to opt out and if the option to opt out could be done at a later time. Attorney Bennett responded that the City could opt out at any time through an ordinance. Reports: City Manager • Mr. Boucher reported on the notice to proceed for the Manatee Sanctuary Park project. Mr. Reid stated that the project would be underway at the week's end. • Mr. Boucher reported on status of the SR AIA landscaping in that legal counsels between Florida Department of Transportation and the federal government are disputing acceptable language for the easement agreements. • Mr. Boucher announced that fireworks signs have been ordered. • Mr. Boucher reported on his meeting with Malcolm MacLouth and Dixie Sampson of the Canaveral Port Authority. o The Port expressed favor with a pedway project and a joint police facility. o The Port would like to assist with the Manatee Sanctuary and Banana River park projects. o Although the Port could not assist financially with the left turn lane on N. Atlantic Avenue, however they would lobby the County Commission and the Brevard Metropolitan Planning Organization for funding. o The Port would work with the City on signage for the overpass area and the north entrance signs. Council members were invited to tour the Port at any time by scheduling an appointment through the City Manager's office. o An agreement was made to meet every month to provide feedback for each party's respective Council and Commission. • Mr. Boucher reported on water notices from the City of Cocoa regarding how exceeding limits would incur a tiered surcharge rate. Mayor Pro Tem Petsos requested to notify Canaveral residents through a mailing. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 5 • Mr. Boucher reported on the International Drive storm water baffle box in that matching grant funds are available from the Indian River Lagoon. Council decided to place this on the next agenda for discussion. • Mr. Boucher announced that storm water inlet decals are available and he asked Council if this could become a volunteer project. Council expressed agreement. • Mr. Boucher referred to Chief Sargeant's memo to purchase a ladder truck and requested to place this item on the next agenda for discussion. Council expressed agreement. • Mr. Boucher reported on the Stottler property in that he received a response from Attorney Roper. Mr. Roper replied that the 1992 City Council approved the replat of said property and therefore may have waived interest in the property. 2. Staff Mr. Reid Mr. Reid announced that the State code adoption has been postponed until January 1, 2002. Building department staff was apprised of the anticipated changes during a recent building conference in St. Augustine. Mr. Reid reported on three large projects in the City that total two million in square footage. He invited Council members to attend the Planning and Zoning Board meeting of June 13th. Mr. Reid would provide Council members an overview of these projects. City Clerk • Mrs. Stills reported that she is doing research on how to develop an electronic agenda packet process that would benefit Council's desire to use laptop computers. The goal is to replicate a successful process being implemented in another community. City Attorney • No report 3. City Council Mr. Weber • Mr. Weber's recommendation in the Code review process was to refer to City Hall Annex and not City Hall for Council meetings. • Mr. Weber announced that he would undergo surgery and would be unable to attend the next two Council meetings. Mr. Treverton Mr. Treverton questioned the Code review process. Mr. Boucher explained that he would agenda the summarized revisions for discussion. Mr. Treverton queried the option of renting, leasing or buying office space for the Building Department. Mr. Boucher responded that he is formulating a plan for all of City Hall that would determine the use of space vacated by the Building Department. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 6 • Mr. Treverton restated the concept of using developed Center Street property to create a park. Mr. Bruns • Mr. Bruns questioned the County Commission intent with its countywide school concurrency program. Mr. Boucher responded that our city planner, Todd Peetz, would address this issue. • Mr. Bruns related that he asked Ms. Bowers if there were any delinquencies in impact fees and she informed him that all fees were paid at the time of permitting. • Mr. Bruns also related that he asked the City Treasurer to perform research regarding our low fire impact fees. • Mr. Bruns commented on the water pressure on the reuse line. • Mr. Bruns reported on the phenomenal real estate sales of condominium property within the City. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos questioned beach end signage. Mr. Boucher responded that signage is programmed into the budget to include a timeline for installation, however acceptable language on the signs is still an issue for discussion. • Mayor Pro Tem Petsos asked about the previous discussion on using the library for public meetings. Mayor Randels responded that Ms. Kathy Swinesburg, Library Director determined that the City could use the meeting room on an as - needed basis. Council agreed to have Mr. Boucher pursue use of the meeting room. • Mayor Pro Tem Petsos questioned chemical residue detected in the effluent. Mr. Boucher responded that analysis could trace who uses the chemical type. Mayor Randels • Mayor Randels commented on the updates to the City's Public Meeting Calendar. • Mayor Randels announced that Johnson Controls launched a new portal solution on its e-mail called the Business Operations Solutions smart system. • Mr. Randels reported that he was speaker at the Florida Summer Industrial Summit that employs teachers during the summer and subsequently the teachers devise an action plan to demonstrate what they learned to their students. • Mayor Randels announced that the HMS Victorious would arrive in port on June 7th • Mayor Randels represented the City in an award ceremony with the Navy League. • Mayor Randels noted the Draft Environmental Assessment of No Significant Impact for the south beach study. • Mayor Randels questioned after-hours playground use. Mayor Pro Tem Petsos responded that the Superintendent of School requested a list of potential schools for after -hour use from the League of Cities. • Mayor Randels asked about the agreement with the Downs Corporation. Mr. Boucher responded that another site plan meeting is imminent and said that the City Attorney would perform a title search to ascertain ownership of the right-of- way and render a legal opinion. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 5, 2001 Page 7 • Mayor Randels questioned the status of the grant for the storm water utilities. Mr. Boucher responded that he is anticipating the grant paperwork from the St. John's Water Management District. Audience to be Heard: Mr. Leo Nicholas • Mr. Nicholas reported on the V.F.W. event held on May 28th and thanked Council members for attending. • Mr. Nicholas requested reuse water for the V.F.W. property. Mr. Boucher responded that the issue could be reviewed during the budget process. Adjournment: There being no further business a motion was made by Mr. Bruns and seconded by Mr. Weber to adjourn the meeting at 9:50 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Consent Item 2 No. N/A AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT AGENDA: CANCELING THE CITY COUNCIL MEETING OF 07-03-01 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider canceling the City Council Regular Meeting of 07-03-01 due to the Fourth of July Holiday. Summary Explanation & Background: Also, Councilmember Weber is not available for the 07-03-01 meeting. Please advise. Exhibits Attached: N/A Citv Man w6affice Department LEGISLATIVE cape- docum nts\a cil\meeting\2001\ --01\cancellation.doc Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Considerations Item 3 No. If City Council were to authorize this request, the broker agreement and formal purchase agreement with AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AUTHORIZATION TO PURCHASE A NEW LADDER FIRE TRUCK AND DISPOSE OF THE EXISTING AERIAL FIRE TRUCK DEPT./DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider authorizing the fire chief to purchase a new ladder fire truck and to dispose of the existing aerial fire truck. Summary Explanation & Background: The attached memo outlines the type of ladder truck being requested, disposition of the existing aerial fire truck and an example of financing this purchase. If City Council were to authorize this request, the broker agreement and formal purchase agreement with financing would be placed on a future City Council agenda for approval. Additionally, Burton & Associates has been contacted to provide a proposal for updating the city fire impact fees. Exhibits Attached: Fire chiefs memo of 05 -3 1 -01 City Man r'5 Mee .�? Department FIRE DEPARTMENT/PUBLIC SAFETY cape -n docume s\admin eeeting\2001\06-19-01\truck.doc CAPE CANAVERALDEPARTMENT,OLUNTEER FIRE DEPARTMENT, INC. Serving the city of Gape Canaveral & Canaveral Port Authority MEMORANDUM To: Bennett Boucher, City Manager of Cape Canaveral From: David J. Sargeant, Fire Chie Date: 31 May 2001 RE: New Aerial Apparatus As you are aware, our aerial will be 16 years old this January. We had it scheduled for replacement in FY 03/04 at a cost to the City of $300,000. 1 have recently specified and priced a new aerial that will meet our needs. The cost of the new vehicle will be approximately $600,000. The good news is that if we upgrade now, instead of FY 03/04, then we can receive a guaranteed trade in of $160,000 and a good possibility of as much as $200,000, please see attached agreements. This would leave the cost of replacement to the City between $200,000 - $220,000. Waiting any longer will only decrease the value of our truck and our chances of selling it. Also, if we keep this vehicle, we must replace the cables next year at a cost of $8,600. A note of interest is that if we receive the minimum for our truck, then this vehicle actually only cost the City $9,750 a year. I have looked at the option of refurbishment and have concluded this not to be feasible. First, this truck was not designed for easy use in Cape Canaveral. This truck does not have the capability of flowing foam on the ladder, which is most valuable for fires at places such as Coastal Fuels. Second, this vehicle will not fit in many complexes without considerable maneuvering. Third, the compartment space is no where near adequate. Fourth, this vehicle does not have a rescue type ladder and a new ladder would need to be added. Fifth, the down time for upgrades would be from four to six months. This vehicle will need a complete rewiring. Finally, the cost estimate would be between $350,000 and $400,000 to fix the above and we would still have a 1986 pump, tank, engine, transmission, frame, body, and drive train. The new vehicle will have all of the necessary things needed for the City/Port and will be 100% new. This vehicle will be all steer and capable of going in our smallest trailer park. The new truck will have rescue capabilities without raising and lowering the ladder. I would ask that we schedule this with Council as soon as possible. We would like Council to approve this purchase and place the order as soon as possible. It will take 8 months to build. Currently we can still tag onto the Lake County bid 99-150 which allows us to purchase the truck at 4% over dealer cost and options and equipment at 10% over dealer cost. This alone will save us the time and money for advertising, specs, etc. Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 0 (407) 783-4777 • FAX: (407) 783-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 K�-LLIVED MAY 2 4 2001 Ten - 8 Fire Equipment hic. * * memo Date: May 21, 2001 To: Chief David Sargeant (3) Pages Cape Canaveral Fire Department From: Mark Jones/Ten-8 Fire Equipment Inc. 2904 59"' Ave Drive East, Bradenton, FL 34203 800-228-8368 941-756-2598 fax mjones@ten8fire.com Cc: Robert Boggus RE: Broker agreement Attached is the broker agreement with the numbers we discussed. I feel the unit will sell in the 200K to 230K range. I recommend we start marketing at 240K. Per our discussion, the only negative features to this unit is that it is not an enclosed cab and the unit is approaching 16 years in age. Due to its great condition. I expect it to sell at the upper range of units within this class of vehicle. For budget purposes I would estimate the Fire Department could net 200K from the sale. Worst case scenario would be our 160K guarantee. If it would be possible to make the unit available for immediate delivery, this would also help facilitate a quick sale. Our guarantee and this offer is valid for a period of sixty (60) days. Thank you, Mark Jones 1 TEN -8 FIRE EQUIPMENT INC. PIERCE FIRE APPARATUS NEW AND USED 2904 59th Ave. Drive East Phone 941-756-7779 Bradenton, FL 34203 FL Watts 800-228-8368 FAX 941-756-2598 EXCLUSIVE BROKER SERVICE AGREEMENT This agreement is made effective as of May 21, 2001 by and between Ten -8 Fire Equipment Inc. (hereinafter TEN -8), a Florida Corporation at 2904 59th Ave. Drive East, Bradenton, FL 34203, and the Cape Canaveral Fire Department 190 Jackson Ave. Cape Canaveral, FL 32920. 1. WHEREAS, TEN -8 desires to provide a broker service and the Cape Canaveral Fire Department desires to use that broker service to sell apparatus per attachment "A" and therefore agrees to work with TEN -8 until apparatus is sold or the New Pierce Aerial apparatus is delivered which ever occurs first. Ten -8 agrees to aggressively promote and advertise apparatus in attachment "A" to expedite the sale. The Cape Canaveral agrees that the unit listed in attachment "A" shall be available for immediate sale and delivery on or before delivery of the New Pierce Aerial apparatus. 2. PRICE AND COMPENSATION. TEN -8 will advertise for sale and promote the sale of the unit per attachment "A" with an asking price of $240,000.00. Ten -8 will receive a 10% commission from the sale of the unit in attachment "A" if sold prior to delivery of the New Pierce Aerial. If the New Pierce Aerial apparatus is delivered prior to sale of the unit listed in attachment "A", Ten -8 Fire Equipment Inc. agrees to purchase the unit listed in attachment "A" for the amount of $160,000.00 or the Cape Canaveral Fire Department may extend this broker agreement without any further purchase guarantee from TEN -8. A fair and equitable price will be sought from any prospective buyer. 3. SALES LEADS, A representative of Ten -8 Fire Equipment Inc. will accompany any prospective buyers to inspect the apparatus and will present all offers in writing. Any cost associated with advertising and showing of apparatus shall be paid by Ten -8 Fire Equipment Inc. 4. COMPENSATION FOR DIRECT SALE. If The Cape Canaveral Fire Department completes the sale of the apparatus listed on attachment "A", directly with any buyer or agent of a buyer, during the term of this agreement without the direct assistance of TEN -8, TEN -8 shall be paid five (5%) of the sale price as compensation for services performed. If a sale is completed by TEN -8's negotiation with buyer as intended in paragraphs 1, 2, and 3 above, then this paragraph does not apply. 5. FAX COPIES AND APPLICABLE LAW. A duly signed copy of this agreement transmitted by electronic facsimile shall be construed, valid and enforceable as an original agreement between the parties. This Agreement shall be governed by the laws of the State of Florida. Dann Bouwer, Ten -8 Fire Equipment Inc., Broker David J. Sargeant Fire Chief Date: ATTACHMENT "A" -1986 Sutphen Aerial Platform model 100+ -Detroit Diesel 8V92TA -Allison HT740 -9,000 actual miles approximated -2,100 hours -18,500 pound front axle capacity -34.000 pound rear axle capacity -Tilt steering wheels -Vogel auto lube system -5 man cab with three SCBA holders -Federal Q2B siren -Federal PA170 electronic siren -Mars 888 light -Dual Grover air horns -Hale 1500 Single stage pump -300 gallon water tank -(2) 2 '/z'' L.S. discharges -(2) 2 ''/z" R.S. discharges -(1) 4" right side large diameter discharge -(2) 21/2" suctions, one each side -(2) 1 3/4" crosslays -Breathing air with connects at turntable and platform -Dual monitors at platform -New last 36 months- ladder slides, waterway seals, extension cylinder seals, elevation cylinder seals, extension cables -Tires in good like new condition -6KW Onan diesel generator -Six quartz lights, four on body, two at platform -Full ladder compliment 40', 35',30', 18', 16', 14' and 10' folding -Pike pole and folding ladder mounted at tip -Hose capacity minimum 1200' of 5" in hose bed and 400' of 2 `Yz" in compartment at rear A 0' overall height -46' 10" overall length -Paint condition good -Red with white top on cab -Current pump certification -Current aerial certification May 21, 2001 FILE No.506 05:31 '01 PM 03:42 ID:CMC3500 FH)<:8132539333 PAGE 2 PROPOSAL FOR TAX-EXEMPT LEASE FINANCING Nay 39, 2041 Presented by leasing 2 1904 0e89to Avenue, auia 304 Tomw, Florida 33606 Phone: 600-367.6166 Fuc: 013-266.6939 "leaatn92.corn" Prsaented To_(As a Vendor Cape Canaveral Fire Department Ten -8 Fire Department Attention: David Sargeant Robert Boggus VomkmtManufanturar Pavmant Terms from Lessor n foliows: Payment Type: Final Final Amount: $220,000 $220,000 Not Earlier Then: 02/01/02 02/01/02 The 'factors" shown In the pricing of this proposal can to used to calculate approxitn" payments on amount& other thou it* Mance amount proposed. To use, simply multiply the appropriate factor by the adjusted finance amount The product will be an approximate adjusted payment. ThispticIng represents just a few of the many options that ail available- in fad, you may $sled any down payment, payment frequency. first payment date, end loses term (up to 16 years on new fire trucks onty). Of course, such changes would change the pricing. Page I of i TRANSACTION SPECIFICS Equipment Deecription: Plerce 106 Quantum Ladder Commencement Date: 06/15/01 Equipment cost: QQlign 1 $220,000 option 2 $220,000 Lessee Down Payment: $0 $0 Amount Financed: $220,000 $220,000 Lea" Term: 5 Years 7 Years Flrst Payment Date: 08/01/02 06/01/02 Payment Frequency: 1 / year 1 / year Net Effective Rate: 4.78% 4.99% Lease Rate: 5-71% 5.70° Payment Amount: $60,253.20 $37,808.01 Payment Factor: 0.22842 0.17185 All rates are su t to Lessee issuing less than $10,000,000 in tex-exern t financings the calendar ar of the Lease. VomkmtManufanturar Pavmant Terms from Lessor n foliows: Payment Type: Final Final Amount: $220,000 $220,000 Not Earlier Then: 02/01/02 02/01/02 The 'factors" shown In the pricing of this proposal can to used to calculate approxitn" payments on amount& other thou it* Mance amount proposed. To use, simply multiply the appropriate factor by the adjusted finance amount The product will be an approximate adjusted payment. ThispticIng represents just a few of the many options that ail available- in fad, you may $sled any down payment, payment frequency. first payment date, end loses term (up to 16 years on new fire trucks onty). Of course, such changes would change the pricing. Page I of i FILE No . 506 05,-31 '01 PM 03:42 I D : CMC3500 FAX : 8132589333 PAGE 3 mliftstion— This is a lease proposes for it* payment stream(s) Indicated above. Each of the "transactlorn specifics" and vendor farms aro important to the lesse pricing. if any of these are not correct, please advise us so that we con determine whether a new proposal Is required. Qlhe Important elements of this proposal are: a) gam: To protect the Interest rate quoted, the fully etteouled lease documents along with aY other reWnild documentation must be returned to Leasbtp 2 by June 30, 2001. In order for this obieCtivs to be possible, tits "Request to Proceed" at the and of this proposal should be completed. signed and returned by June 7, 2001 . b) Cloajpg.0.geri: There wIN be pQ apdront costs of any kind charged by Lessor Including closkV costa, points, administrative costs, etc. Your attorney may charge you to review the lease documents and complete the opinion letter required with out isees doaumattation. c) Purchase gallon: This is a lease -purchase type of financing. After all the tease payments are made. Leasee will own the equipment without further out. d) FMd Rama: Unless othelwlae noted. the Interest rates in this proposal are fixed for the entire term. 2. Verldlar Payable I gatow &SOM tvilhore menticabiW: in the event that the truGk(s) andlor equipment are not ready to be delivered, oroossde of this lease will be held in a vendor payable account until dellverytacceptance and payment(s) are made to the vendor(s). a) The funds wilt cam Interest soh% in this account. b) All interest from this account will be paid to Laaeo(. c) Lessor has used all of the protected earnings from this s000unt to lower the lessee's borrowing costs (sea page one • "Net Effective Rate"). d) There win be no disbursement$ from escrow earlier then the vendor terms highlighted above (Vendor Terns Payable by Lessor). 3. Bank QuaN led / Sma1I Isager. Leases shall cerofy that It has not designated, and does not reasonably anticipate designating, mote then S1o.000,000.00 of obligations during the calendar year that the proposed lease Is executed. a. : This N a proposal only, and does not represent s commitment to ine". This finw4ng Is subject to credit review and approval and execution of mutually acceptable documentation, Including the opinion of laseae's Counsel opining that the agreement Is legal, valid and binding. and QuaNfiad ae a tax exempt obligation under the tax reform sot of I M as amended. This transaction will be designaited as tax exempt debt under section 286(b) 43) of the Internal revenue code of 1984. as amended. 6. 62" : The Lessor for this tease will be Leasing 2. Inc. or its atutgnesa. which will also adirninlster the lease trensactlon. Leasing 2, Inc. BY: DATE: May 31, 2001 Fkhd Meyers MEMBER FAIR COMPETITION: Leasing 2 appreciates good, healthy competition when it is fair. This is where you, the customer, plays an oft important part. Occasionally customers ask other financial Aelsocu YM of companies to give pricing on lease transactions such as this one. vovWutaVWAL With this In mind, we respectfully request in the spirit of fair i.e"I"a i r1N414e competition, that you treat our proposals as confidential. This VISIT OUR WESSITE: assures that all competitors compete on a level playing field. Thank LEASIN02-CON you in advance for your consideration. Page 2 of 2 FILE No . 506 05.31 '01 PM 03:43 I D : MC3500 FAX:8132589333 PAGE 4 REQUE8T To PROCEED: you "Vii h_ When you are ready to prooeed and Wouldh#" to Tomo o towards onetaxing N to L�a1np this ISM. P1111880 2.� W�� medtatety tax r step" Inovia**d this setructlons�� and understand Its contents by completing In Order to cover Leasofs Coate Marred as a result of recalving this "Request To Proceed" 6�� hs o, Less"oe been received byto P L"sOr SGM.00 In the event Lessee refuses to f1naN=e this transaction once the ism egreement to be executed by We appreciate your oof%Monos and ewmiderstlon. Proposal date: May 31- 2001 Option Chosen: (where applicable) Cage Canaveral Fire Department, Name of lessee Authorized 81gneturs Printed Name Of Authorized Signature Contact Nam• (if 06staM Than Authorized Signature) Contact E -Mail Address Date Title Contad hone Contact Fax Please complete the above information and fax all pages of the proposal to 813.238-9333. ►1C •" --Tyr-MG-Til Tax-exempt Interest rates are very reasonable now so It's probably a good idea to consider any fire station financing needs you may have. Leasing 2 can finance the construction of a new station or an add-on or renovation project Also, we can probably save you money by refinancing an existing station loan with today's lower Interest rates. Call us at 800.287.8158 for a quote. Page 3 of 3 FILE No . 506 05;,31 "01 Pr1 03:43 I D : CMC:3500 FAX :8132589333 PAGE 5 Ll leasing 2 THIS LEASE WILL BE EASY TO FINALIZE Because we have many years of experience financing hundreds of fire trucks, Leasing 2 knows how to simplify the process of finalizing a fire truck lease transaction. The usual steps In finalizing a Leasing 2 "Tax -Exempt Easy Lease" are: 1. Once we receive notification from you that we have been awarded the lease transaction, we will immediately fax you the following simple Instructions: a. Financial Statements We will ask you to mail to us the financial statements for your last three fiscal years plus your current years budget. If your financial statements are not audited, we will also ask for your checking account statements for only the last month of the last three fiscal years. b. General Information We will ask you to provide some general information such as the name and phone numbers of your primary contact person and attorney, mailing address, and a general profile of your organization. 2. Once we receive your financial Information, we will Immediately overnight the Lease Agreement to you to be signed by your authorized officers. While that Is happening, we will be proceeding with your credit approval, which might generate a few more questions that can be handled by a phone call. Historically, the credit approval has boon more of a formality, but it Is a condition of completing your lease arrangements that must be addressed. THAT'S ITI THAT'S HOW EASY A LEASiNG 2 "TAX-EXEMPT EASY LEASE" ISI Peke 4 of 4 FILE No.506 05:31 '01 PP1 03:43 ID:CMC3500 FAX:8132589333 leasing 2 IT'S EXPENSIVE TO DELAY THE PURCHASE OF A FIRE TRUCK PAGE 6 In an attempt to spend their money wisely, many fire departments delay buying new fire trucks for as long as possible. Few fire departments appreciate how much these delays actually Cost them. L ratty of the situation is that the infla 'on of truck costs is outpacing The cost of leasing. To understand this, consider the fact that the purchase price of new trucks has been increasing over the last number of years due to increasing costs of materials and equipment — we estimate this increase to average about 5% per year. As the following schedule illustrates: 1. In 5 years, the cost of a $160,000 fire truck will inflate by $49,730 2. The interest cost on a 5 year tax-exempt lease will be $21,561 3. The savings that can be gained by leasing a truck now will be $28,189 In summary, it is commendable that the governing bodies of the various fire departments are doing your best to be conservative with the expenditure of your department's funds. However, it is imperative to understand how costly it really is to delay when you can utilize the benefits of tax- exempt financing and - - buy your trucks now and lease themll Loosing 2 Spscislisfng In Tata -Exempt Lases for Fire Doportmente Call whiter Meyers at 800-287-6168 Page 5 of 5 ANNUAL ACCUMULATED INTEREST AT END OF THE PRICE Wl" as COST OF DELAYING COST OF LIME ACCUMULATED INTEREAT ACCUMULATED SAYINGS Year 1 $189,000 $ 9,000 $ -0- $ -0- $ 91000 Year 2 $198,460 518,460 S8,381 $ 8,381 $10,089 Year $206,372 $28,372 $ 8,466 514,848 $13,528 Year 4 $218,791 $38,791 $ 4,434 $19,280 S%611 Year 6 $229.730 $49,730 $ 2,281 $21,561 $28.168 In summary, it is commendable that the governing bodies of the various fire departments are doing your best to be conservative with the expenditure of your department's funds. However, it is imperative to understand how costly it really is to delay when you can utilize the benefits of tax- exempt financing and - - buy your trucks now and lease themll Loosing 2 Spscislisfng In Tata -Exempt Lases for Fire Doportmente Call whiter Meyers at 800-287-6168 Page 5 of 5 Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Considerations Item 4 No. The updated quotes will be made available as soon as possible. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSAL FROM CAPE CANAVERAL SCIENTIFIC, INC. TO PRPARE (2) FLORIDA FOREVER GRANTS DEPTIDIVISION: LEGISLATIVE Requested Action: City Council consider the proposal from Cape Canaveral Scientific, Inc. to prepare (2) Florida Forever Grants. Summary Explanation & Background: Proposal No. 1: 8.46 acre site located at the southwest corner of the intersection of W. Central Blvd. and N. Atlantic—Avenue. The property is listed at $1,500,000. Proposal No. 2: 3 acres of the 4.82 acre site along the Banana River, just south of Center Street. The updated quotes will be made available as soon as possible. Ms. Amy Adams of Cape Canaveral Scientific will be in attendance to answer any questions you may have. Funding would be appropriated with general fund reserves. Exhibits Attached: Supporting documentation City Man r' ffice Department LEGISLATIVE cape -documents\ ,meeting\2001\06-19-01\grants.doc Bennett Boucher From: Bennett Boucher Sent: Thursday, June 14, 2001 8:23 AM To: Amy Adams (E-mail) Subject: Florida forever grants Hello Amy, Got the following information on the 8.5 acre parcel at the intersection of W. Central Blvd. & N. Atlantic Ave. It's still for sale, and the asking price is $1,500,000. For the 3 acre site on the Banana River, The real estate agent is asking $1,500,000. This seems high, was told they already rejected an offer of $900,000. 1 do not see the market holding up a $500,000 per acre price tag at this point in time. therefore let's put this aside, try next year. As for the Ocean parcel, we have not been able to contact the property owner, thus we'll put this aside for next year. But, city council was interested in the center St. property, along the Banana River. This parcel is 4.82 acres. Would seek a grant for 3 acres, and leave the rest for the hospital project. Please sharpen your pencil, and update your quotes for this Tuesdays meeting. Thanks Bennett Boucher City Manager Cape Canaveral Scientific, Inc. 220 Sur` Road, Melbourne Beach FL 32951, (321) 722-1161 aadams@gate.net ESTIMATE OF SERVICES PER GRANT APPLICATION FOR 8 -ACRE PARCEL BETWEEN Al AND ATLANTIC STREET Grant Writlna Services Rendered Gather information and review city comprehensive plan for relevant proposal information; 10 hours @$65.00/hour$ 650.00 Write a draft and final application for submittal, including gathering support letters and documentation; 60 hours @ $65.00/hour $3,900.00 Prepare final proposal copies, duplication of color photographs, etc.., and bind proposal for grant submittal; 8 hours $65.00/hours $ 520.00 copies, binding, mail _$ 320.00 Grant Writing Services Total $57390.00 Ecological and Plant Surveys & Services Rendered To submit the application 2 ecological surveys must be completed including: Plant survey per site Ecological survey and analysis per site Ecological and Plant Surveys Total GRAND TOTAL ESTIMATE COST $ 750.00 $1,500.00 $2,250.00 57,640.00 Click Action: Parcel Info -M Distance B -1 View Decrease Zoom Bar Aerial Flew Rv1ge 1 Increase 6 Map r Aerial rFrrr {r'r�r.-- Change u ase -Locate 1 1 1 Car e sen sae, Zoom to Brevard County � Go �� JIL12 ,aex 16 -Printable Version e 0. e, to Ger Check below then Update F Parcels r GolfCoui 3 i10 e ,-F r RoadNames r- Sections Water ® Update . 0 coal ee.1 bee as se.s c se 11.1 fi 11 u ase -Locate 1 1 1 Parcel ID - Locate sen sae, Zoom to Brevard County � Go �� JIL12 ,aex 16 -Printable Version e Map � Preview to Ger Check below then Update F Parcels r GolfCoui 3 i10 r Schools r Libraries ,-F r RoadNames r- Sections Water Update . ms's- Page 1 of 1 http://205.172.172.144/scripts/esrimap.dll?Name=Brevard 1 &Cmd=zoom8&Parcels= 1 &Road05/09/2001 Brevard County Property Appraiser-- Online Real Estate Property Card 41m> FoKc, C.F.A. propertx Appr,aicer B_,,ravard County,, F.1 FHomel [Meet Jim Ford] FA [General Info] R4QP'Qrrty Reset O,, [Exemptions) [.Contact Usl Forms A eals [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authoritiesl [What's Newl rLinksl General Parcel Information for 24-37-14-28-00000.0-OOOE.02 Page 1 of 2 Parcel Id: -37-14-28-00000.0- Map Millage 26G0Exemption:: OOE.02 Code: r4- SUPRA COLOR ENTERPRISES INC Second Name: Mailing Property Address: _1EAccount: Tax 2429695 Owner Information Owner Name: SUPRA COLOR ENTERPRISES INC Second Name: Mailing �— 1980 N ATLANTIC AVE Address: #704 City, State, Zipcode: COCOA BCH, FL 32931 Value Summary for 2000 * Market Value: $230,050 Agricultural Assessment: $0 Assessed Value: $230,050 Homestead Exemption: $0 Other Exemptions: $0 energy Exemption: $0 Taxable Value: $230,050 Legal Description View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information Acres: 8.46 LOT E W OF Plat TEUTONS ST RD EX Book/Page: SUBD ORB 562 PG 0001/0022 Land Value: j 623 View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information Acres: 8.46 Lots/Units: 0 Front Feet: 0 Depth: 0 Site Code: 341 Land Value: j $230,050 • This is the value established for ad valorem purposes in accordance with s.193.011 (1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed Book/Page Date Amount Type 2323/2855 9/1981 $170,000 WD 1759/1044 7/1977 $100 Extra Feature Information Pool No Fireplace No = Fence Driveway INo Lawn Irrigation Shed Dock Seawall Other No No �No� No I�To ... /Show_parcel. asp?acct=2429695 &gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&405/09/2001 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem Icounty —1 $1,165.30 School$2,049.29 SW Collection City/MSTU $460.19 Water Management F $108.58 SP District —� $9.43 Debt Payment $106.28 Total Ad Valorem $3,899.07 Fee Agencies Fees Billed Non Ad Valorem SW Disposal $0.00 SW Collection $0.00 Recycling $0.00 EMS -Ambulance $0.00 Stor7water $0.00 HPK/BFOOT $0.00 [W—TR Control $0.00 Total Non Ad Valorem $0.00 Total $3,899.07 Data Last Updated: Tuesday, April 17, 2001- Printed On: Wednesday, May 09, 2001. New Search I Help Home [General Infol [Meet Jim Fordl [Exemptionsl [Save Our Homes] [Contact Usl [Property Research] [Other Links] [Maps & DatalFAppeals] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results ./Show_parcel.asp?acct=2429695&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T& 05/09/2001 Brevard County Map Server Page 1 of 1 E3 eva,rt came ' a ty A r ex maw Search Mone] 1Meet Jim FoidI [FAQ] I General InfoI ISave Our domes] IF.eemptionsI t(*nntact I, s] [Forma] IAppeaISI IProperty Research] IMaps & Data tl nUKthle Property] [Ta\_-1uthoriti_es] [WhaCs \e%et IUnksj Parcel Info � ,�, View _ick Action: Distance 10 Dtc rtase Zoom Bar Aerial View R tn! e Incrt AW Map e Aerial Locate Parcel ID vacate Zoom to EBrevard County (TECH -Printable Version ELLA �� Map Preview,. ` �"� [ Check below then Update r r UM Parcels GolfCoul r Schools r Libraries r RoadNames r Sections br Water m TolAccouniOwner roperty Addressl Parcel Identifier 1 243?775 URCIA, MARIA ISABEL TRUSTEE 4-37-22-JI-OOOON.0-0000. http://205.172.172.... /esrimap.dll?name=Brevardl&Cmd=TID&id=20010614&tid=243277 06/14/2001 Brevard County Property Appraiser-- Online Real Estate Property Card .14 — FWAQ.C.A. -0000.00 Page 1 of 2 Parcel Id: lage26G0ExemptionUse Code:00.00 de: Property Tax 2432775 Address: Account: Owner Information Owner Name: MURCIA, MARIA ISABEL TRUSTEE Second Name: Mailing p27764 P O BOX 527764 Address: City, State, Zipcode: MIAMI, FL 33152 r24---1-1-22-JI-OOOON.OMap�MCo Energy Exemption: $0 Taxable Value: $600,400 Page 1 of 2 Parcel Id: lage26G0ExemptionUse Code:00.00 de: Property Tax 2432775 Address: Account: Owner Information Owner Name: MURCIA, MARIA ISABEL TRUSTEE Second Name: Mailing p27764 P O BOX 527764 Address: City, State, Zipcode: MIAMI, FL 33152 $0 Energy Exemption: Value Summary for 2000 * Market Value: $600,400 Agricultural Assessment: $0 Assessed Value: 1 $600,400 Homestead Exemption: $0 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $600,400 Legal Description PLAT OF SURVEY FOR LOMA LINDA UNIVERSITY AS PER SURVEY BK 1 PGS 106,108PARCEL N & 1/2 VAC ST ON E Land Information Acres: IF 4.82 Lots/Units: 0 Front Feet: 560 Depth: 125 Site Code: F 0 - Land Value: IF $515,600 *This is the value established for ad valorem purposes in accordance with s.193.011( 1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR 3164/3168 9/1991 $729,000 PT 3164/3170 7/1991 $729,000 PT 2339/1718 12/1981 $5,000,000 PT Building Information PDC .../Show_p Sale Sale Deed Book/Page Date Amount Type OR 3164/3168 9/1991 $729,000 PT 3164/3170 7/1991 $729,000 PT 2339/1718 12/1981 $5,000,000 PT Building Information PDC .../Show_p Use Year Story Exterior Interior Roof Roof Floors Ceiling # Code Built Height Code Code Type Mater. Code Code _2800 1968 0���� arcel.asp?acct=2432775&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&(06/14/2001 [Ilomej [11cct Jim Ford) IFAQf lGencral Info] [Save Our Homcsf 11:xeiTlptions] (Contact L's] [fonnsjlAppcalsl I Property Research] [%1ap Search] ('v1aps cC Data) [Unusable Property f Tar Au0101uicsl [What s \cw] [Links] General Parcel Information for 24-37-22-JI-OOOON.0 Brevard County Property Appraiser-- Online Real Estate Property Card Building Area Information Page 2 of 2 Extra Feature Information P00111 Fireplace Fence Driveway Lawn Irrigation Shed Dock Seawall Other 110 No No No No No No No No Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem County 1$35041.27 School $5,348.36 City/MSTU $1,201.04 Water Management $283.39 SP District $24.62 Debt Payment $277.38 Total PDC Base Garage Open Car Screened Utility Enclosed Basements Attics Base # Area Area Porches Port Porches Rooms Porch Area Extra Feature Information P00111 Fireplace Fence Driveway Lawn Irrigation Shed Dock Seawall Other 110 No No No No No No No No Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem County 1$35041.27 School $5,348.36 City/MSTU $1,201.04 Water Management $283.39 SP District $24.62 Debt Payment $277.38 Total Ad Valorem $10,176.06 Fee Agencies Fees Billed Non Ad Valorem SW Disposal $0.00 SW Collection $0.00 Recycling $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT $0.00 WTR Control $0.00 Total Non Ad Valorem 1 $0.00 Total $10,176.06 Data Last Updated: Monday, June 11, 2001- Printed On: Thursday, June 14, 2001. Newer [Home] [General Info] [Meet Jim f=ord] [Exemptions] [Save Our Homes] [Contact lis] [Property Research] [Other Links] [Maps & Data][Appeals] Copyright O 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results /Show_parcel. asp? acct=2432775&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T& 06/14/2001 Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Resolutions Item 5 No. annual basis. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION 2001-16, PROVIDING FOR THE ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX DEPT)DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council consider adoption of Resolution No. 2001-16 as outlined by the city treasurer. Summary Explanation & Background: See attached memo from the city treasurer explaining not to elect to charge permit fees and the tax rate that we would be given by taking this option. I have also enclosed an outline from the league of cities on this matter. The city also can change this option on an annual basis. I support approval of this resolution. The next Resolution No. 2001-17 sets the communications tax rate for our community. Exhibits Attached: Resolution No. 2001-16; city treasurer's memo of 06-09-01; league information City Man r' Mee Department FINANCE/ADMINISTRATION cap mydocum tsa mi eeting\2001\06-172001-i6.doc RESOLUTION NO. 2001-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, section 337.40 1(3)(c)I., Florida Statutes (2000), requires each municipality to make an election regarding the payment of permit fees by providers of communications services and further requires each municipality to inform the Department of Revenue of the election by certified mail by July 16, 2001; and WHEREAS, a municipality may require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. However, to ensure competitive neutrality among providers of communications services, a municipality that elects to exercise its authority to require and collect permit fees will have an automatic reduction in the rate of the local communications services tax for the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by a rate of 0.12%; and WHEREAS, alternatively a municipality may elect not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services. If the municipality elects not to require and collect permit fees, the total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may be increased by ordinance by an amount not to exceed a rate of 0.12%; and WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends section 337.401(3)(c)I., Florida Statutes (2000), to state that the Department of Revenue must be informed of a municipality's election by certified mail postmarked on or before July 16, 2001; and WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further provides that if a municipality elects not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights-of- way for the provision of communications services, the total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may be increased by ordinance or resolution by an amount not to exceed a rate of 0.12%. The bill further provides if a municipality elects to increase its rate effective October 1, 2001, the municipality shall inform the Department of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001; and WHEREAS, section 337.40 1(3)(c)I., Florida Statutes (2000), further provides that if a municipality does not make an election and notify the Department of Revenue, it is presumed that the municipality elects not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights-of- way for the provision of communications services, and such municipality will be authorized to increase its tax rate by an amount not to exceed a rate of 0.12%; and WHEREAS, whatever election the municipality makes, such election shall take effect on October 1, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AS FOLLOWS: SECTION 1. Intent. It is the intent of The City of Cape Canaveral to make an election under section 337.401(3)(c)l ., Florida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, regarding the City of Cape Canaveral's decision on whether to require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. SECTION 2. Election Not to Require and Collect Permit Fees. The City of Cape Canaveral elects not to require and collect permits fees from any provider of communications services that uses or occupies municipal roads or rights-of- way for the provision of communications services. As provided in section 337.40 1(3)(c)l ., Florida Statutes (2000), this election shall take effect October 1, 2001. Pursuant to section 337.401 (3)(c) 1 .b., Florida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, The City of Cape Canaveral elects to increase its total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by an amount of 0.12%, and this election shall take effect October 1, 2001. SECTION 4. Notice to the Department of Revenue. The City of Cape Canaveral directs that notice of the above elections be provided to the Department of Revenue by certified mail by July 16, 2001, as provided in section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature. SECTION 5. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. SECTION 6. Effective Date. The effective date of this Resolution shall be immediately upon its passage by ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of June , 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY Memorandum To: Honorable Mayor and members of Coil From: Andrea Bowers, City Treasurer Date: 9 June 2001 Re: Resolution #2001-16 & 2001-17 concerning theTelecommunications Service Tax The 2001 Legislature has recently passed Senate Bill 1878, which is the Telecommunication Service Tax. As you already know, this bill will centralize the billing and collection of a number of existing taxes collected by the State, counties and municipalities within Florida. These taxes include: • Sales tax on communication services • Local public services tax • Local franchise fees on telecommunications companies and cable companies • Allocated the gross receipts tax on communications services • Provided a permitting fee option for local governments Last year the cities and counties reported their revenues from telephone and cable utility and franchise fees along with permit fees, if collected. This information was used to obtain a conversion rate to be used for the collection of these fees. Our rate will be added to the State's rates to be collected as one tax to the customer, instead of numerous taxes represented on the utility bills. If we choose to do nothing, the City's conversion rate for the fiscal year 2001/02 will be 4.9%. For subsequent years it will reduce down to 4.5% The higher first year rate is intended to offset the fact that there will only be 11 months collection instead of the normal 12. At this point, we need to make some decisions. First, this bill has provided an option concerning the levy of permitting fees. These are building permits that are issued to the utility companies when they do repairs, maintenance and construction on the right-of-ways. Our first decision must be whether we will charge permit fees. As we are not collecting them currently, I would project that this first decision would be not to collect permit fees. This is a decision that you as a Council will need to make. If we choose to collect permit fees 1 June 13, 2001 our conversion rate will decrease to 4.78% and the fees would be collected by our staff. If we choose not to collect the fees, we have a second decision to make. We can do nothing and the 4.9/4.5%, for FY 2001/02 and subsequent years respectively will remain in effect. This bill has also made available to those municipalities that choose not to collect the permit fees an additional .12% intended to offset any permit fees bypassed. We can choose to avail ourselves of the .12% increase, bringing our conversion rate to 5.02/4.62% respectively. Either way, these two choices must be made and in Tallahassee no later than July 161h The third decision to be made is whether we want to stick with the rates computed by the state or do we wish to increase them. The conversion rate is based on current collections. In the past we have looked briefly into going to a 7% utility tax on all communications instead of the 10% only on actual service. This would include pagers, cell phones, long distance, etc. We can choose to increase our rate at this time to a maximum of 5.1 % not including the .12% permit option. If we choose to do this we can adjust the first year, to compensate for the lost month, by using the difference between the state's first and second year conversion rates (.4%) setting our first year's rate at 5.5% and subsequent years at 5.1%. Even if we choose to remain at the current rate, it is to our advantage to pass a Resolution stating that we are accepting the new rate because of the 10% rule. This rule states that at the end of one year, if it is determined that revenues are 10% higher than the previous year plus 5% for growth, the rate is required to be rolled back. If a resolution or ordinance is passed stating the rate we are opting for, no roll back is required. In either case, notification must be postmarked to Tallahassee no later than July 16`x'. I have attached a matrix in an attempt to simplify this decision. These options are available to us each year so no decision is set in stone indefinitely. Please feel free to contact me with any questions or concerns you may have. 2 LU LU O F - z W z a U) z O F- CL O W J m J a w Cn LU C-) 0 J J _U O U) w J J Q a w 0 z 0 J m w 2 H 2 2 H CO w w LL F— CY W 0 - LU w J J O 0 O w CL z O H C) J J H O W r cn � W Z N U Z LL O O LLI= z P D O �- w LLJ WCO LL > LL LLJ Z O Lij O O ~ 0 W g w Q � o 0- 0- D w F- w wQ H Q U U CO Z U W W O 0 w Z U Q Q O O CNW LU LU ui m W W W 2 2 2 W W W 0 0 0 U U U 0 0 C] 7— N M 14 - LU W CA LL W 2 Z N 06 U) z O U W 0 O U) 0 z O 0- U) w O U co z O D J O W Cr M U) z O U W C O 0 z O 0- U) LU Cr O U z O D J O U) W CC LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Mitchell S. Goldman J. Wesley Howze David R. Martin Matthew J. Monaghan Mark N. McQuagge Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III Of Counsel: Mary E. Lytle, P.A. Ms. Andrea Bowers, City Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Reply to: Cocoa Post Office Box June 6. 2001 RE: PERMIT FEES FOR COMMUNICATION SERVICE FEES Dear Ms. Bowers: Mariner Square 96 Willard Street, Suite 302 Post Office Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 239-6611 Fax (321) 259-6624 I have reviewed the proposed resolution, the correspondence from the F1orid4-League of Cities, and Florida Statutes 202 and 337. Following said review, Resolution # 2001-J5 meets with approval as to form. As for issues of substance, I will defer to your expertise in the field, per our telephone conversation of this date. Please proceed accordingly and contact me should you have any additional questions or concerns. Sincerely, Mark McQuagge Simplified Communications Services Tax - Legislature passes second phase By Kraig Conn & John Wayne Smith Florida is one step closer to becoming the first state in the nation to simplify the way it collects and distributes communications taxes with passage of landmark tax reform legislation. On Wednesday, May 2nd, the Florida Legislature sent a package to Governor Jeb Bush that will define the tax policy for cable and telecommunications companies for many years to come and will serve as a model for the rest of the country. This new way of taxing telecommunications, cable television and direct broadcast satellite services will broaden the tax base for state and local governments and simplify the way these taxes are displayed to customers. "This is win -win-win legislation that will benefit customers, the industry and government," said Sen. Jim Horne (R -Orange Park), who sponsored CS/CS/SB 1878. "The legislature's action today establishes tax reform that will allow Florida to lead the way for the rest of the country. We are in the forefront of creating new, more efficient ways to collect and distribute state and local tax dollars." The rewrite of outdated telephone and cable television taxation laws has been a two-year process. Last year, legislation was enacted establishing the basic framework for the new "Simplified Communications Services Tax." It combined seven different types of communications taxes and fees into a two-tiered tax composed of a state tax and a local option tax on communications services. The new tax combines the sales tax on communications services, the municipal public service tax on telecommunications services, and local franchise fees on cable and telecommunications companies, allocates the gross receipts tax on communications services, and provides a permit fee option for local governments. It provides for a revenue neutral taxing scheme to be administered by the Department of Revenue and provides that various revenues are to be distributed to the Public Education Capital Outlay Fund, the state's General Revenue Fund and to local governments. The new tax changes will be displayed on communications bills beginning October 1, 2001. "The tax measure addresses emerging technologies," said House sponsor Rep. Stacy Ritter (D -Tamarac). "It takes seven taxes and fees and merges them into a state and local tax. It also taxes all communications services at the same rate regardless of the type of technology used to deliver them." However, last year's bill did not set the tax rates. With so many different revenue sources and so much money at stake, the Legislature opted to postpone implementation and setting the rates until this year. Last year's bill directed communications companies and local governments to supply information regarding the assessment of the various taxes to the Department of Revenue. This information was used by the Revenue Estimating Conference for calculating revenue -neutral rates for presentation to the 2001 Legislature. The Simplified Tax legislation had its origin in 1996 when Governor Lawton Chiles' Telecommunications Taxation Task Force recommended a statewide flat tax in its report to the Legislature. Building on this recommendation, members of the Florida League of Cities began a unique process of team negotiations with the telecommunications industry, the cable television industry, and county and state government officials. The group reached consensus on a way to consolidate the myriad of taxes and fees imposed on communications providers and presented its proposal to the legislature. "This is simply good public policy," said Susan Langston, Executive Director of the Florida Telecommunications Industry Association. "It's the end result of strong political leadership and a strong desire from the various stakeholders to make positive change. The one common theme was to ensure that everyone, especially the consumer, would benefit from this effort." The League is also enthusiastic about the passage of the Simplified Tax legislation. "This bill is good for local governments," said Mike Sittig, Executive Director of Florida League of Cities. "It gives us a more stable tax base and most importantly, eliminates tax erosion due to new technologies." "This is a restructuring of the current tax system and will not impose any new taxes. It is revenue neutral for government and competitively neutral for the industry," added Mayor Scott Maddox, President of the Florida League of Cities. "Florida is the first to form a collaborative effort that has addressed a wide range of concerns of all parties to establish efficient communications tax reform." The following is a summary of the major components of the tax package passed this year: New Tax Rates The legislation establishes the new state sales tax rate at 6.8 percent g and its gross receipts tax rate at 2.37 percent for a combined state rate of 9.17 percent for communications services. The new maximum rate for cities and charter counties for communications services is set at 5.1 percent and 1.6 percent for noncharter counties. The statewide rate for direct -to - home satellite service is 13.17 percent. In addition, to the new maximum rates the Legislature approved two conversion rates for each local government. The first conversion rate is set for the transition year beginning October 1, 2001. It is slightly higher to account for the fact that local governments will only receive 11 payments from the Department of Revenue in the first year. The second conversion rate is established for October 1, 2002 and is reduced slightly as this is the first year local governments will receive 12 full monthly payments from the state. The legislation also permits cities and counties that with conversion rates below the new maximum rate of 5.1 percent to increase their tax rate during the transition year. Any local government wishing to adjust their conversion rate must do so by ordinance or resolution and notify the Department of Revenue by July 16, 2001. Cable Television and Franchises In addition to the rates, CS/CS/SB 1878 resolves numerous glitch issues identified since last year's bill passed. One of the major concerns of local government was the application of cable companies. This year's bill clarifies that cities and counties may award one or more cable franchises and specifies that a cable operator may not operate without a cable franchise. The bill clarifies that local governments and cable companies may negotiate all terms and conditions of a franchise except the franchise fee, definition of gross revenues, or other definitions or methodologies related to franchise and permit fees. Most importantly, the bill states that cities and counties may continue to require in-kind contributions to the extent permitted by federal law. Management of Public Rights of Way This year's package clarifies the authority of local governments in regards to management of public rights of way - more precisely it provides that this registration by a communications services provider does not establish a right to place facilities in the rights of way, and it also does not limit or expand any existing zoning or land use authority of a city or county. The legislation reinstates cities ability to receive compensation from non -communications service providers with communications facilities in the public rights of way. While the parties working on the bill could not agree on a permanent resolution, the bill provides a "status quo" provision authorizing cities charge a pass-through provider at the current statutory rates until the Legislature acts on this issue. Permit fees �_ CS/CS/SB 1878 authorizes a city or charter county to impose the .12 percent permit fee option by resolution or ordinance. It also gives local governments until July 16, 2001 to notify the Department of Revenue of their intention to charge or not charge permit fees of communications service providers. Lastly, the bill extends the option to charge for permits prospectively so that cities can make this selection on an annual basis. Audits & Information Sharing The tax package includes a provision specifying that the Department of Revenue must provide a monthly report to local governments containing the name and other information to identify each dealer providing communications services in the jurisdiction. Such information shall include federal employer identification number, gross taxable sales by dealer, the dealer's collection allowance and any adjustments for refunds. In regards to the audits, Department audits must include a determination of whether the customers' addresses are in the correct jurisdiction and if the local tax rate is correct. The bill allows the local government to make corrections discovered in an audit and allows local governments to audit communications companies in certain situations Meeting Type: Regular Meeting Date: 06-19-01 AGENDA }leading Resolutions Item 6 No. 1 support approval of this resolution. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2001-17, LOCAL COMMUNICATIONS SERVICES TAX RATE DEPT./DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council consider adoption of Resolution No. 2001-17 as outlined by the city treasurer. Summary Explanation & Background: Please refer to the memo and supporting documentation for Resolution No. 2001-16. This resolution sets the new communications tax rate for our community at the maximum rate allowed under the new Florida Communications Tax Law. 1 support approval of this resolution. Exhibits Attached: Resolution No. 2001-17; city attorney memo City Man r' Office Department FINANCE/ADMINISTRATION ca Amy docum ci Ameeting\2001\06-19-01\2001-17.doc RESOLUTION NO. 2001-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2000 Regular Session, the Florida Legislature passed the "Communications Services Tax Simplification Law", creating Chapter 202, Florida Statutes (2000); and WHEREAS, section 9, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.19(2), Florida Statutes (2000), to state municipalities may impose a local communications services tax at a rate of up to 5.1 % for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees. These maximum rates do not include the add-ons of up to 0.12% for municipalities authorized pursuant to section 337.401, Florida Statutes, for municipalities that choose not to levy permit fees, nor do the rates supersede conversion or emergency rates authorized by section 202.20, Florida Statutes, which may be in excess of these maximum rates; and WHEREAS, section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.20(1)(a), Florida Statutes (2000), to set the local communications services tax conversion rates for the period of October 1, 2001, through September 30, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends section 202.20(1)(b), Florida Statutes (2000), to set the local communications services tax conversion rates beginning October 1, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, section 13, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature provides that notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under section 202.20, Florida Statutes, which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate, with such increased rate to be effective October 1, 2001, if notification of the increased rate is provided to the Department of Revenue by certified mail postmarked on or before July 16, 2001. During the period beginning on October 1, 2001, and ending September 30, 2002, the maximum rate established under section 202.19, Florida Statutes, shall be deemed to be the sum of such maximum rate plus the difference between the conversion rates set forth in paragraphs (a) and (b) of section 202.20(1), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AS FOLLOWS: SECTION 1. Intent. It is the intent of the City of Cape Canaveral to increase its local communications services tax rate as provided in section 13, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature. Section 13, Enrolled CS/CS/SB 1878 provides that notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under section 202.20, Florida Statutes, which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate established under section 202.19, Florida Statutes, with such increased rate to be effective October 1, 2001. For the period beginning on October 1, 2001, and ending September 30, 2002, the maximum rate established under section 202.19, Florida Statutes, is deemed to be the sum of such maximum rate plus the difference between the conversion rates set forth in paragraphs (a) and (b) of section 202.20(l), , Florida Statutes. The municipality must notify the Department of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001. It is the further intent of the City of Cape Canaveral to increase its local communications services tax rate effective October 1, 2002, as provided in section 202.19(2)(a), Florida Statutes, to the maximum tax rate of up to 5.1 % for municipalities that choose not to levy permit fees. SECTION 2. Increased Local Communications Services Tax Rate. The local communications services tax conversion rate established under section 202.20(l)(a), Florida Statutes, for the City of Cape Canaveral is 4.9%, which is less than the maximum rate of 5.1% as determined under the provisions of section 13, Enrolled CS/CS/SB 1878. The local communications services tax rate for the City of Cape Canaveral is increased to 5.5% during the period beginning on October 1, 2001, and ending September 30, 2002. As provided in section 13, Enrolled CS/CS/SB 1878, this increased rate is to be effective October 1, 2001. The local communications services tax conversion rate established under section 202.20(1)(b), Florida Statutes, for the City of Cape Canaveral is 4.5%, which is less than the maximum rate of t5.1% for municipalities that have not chosen to levy permit fees) as established in section 202.19(2)(a), Florida Statutes. The local communications services tax rate for the City of Cape Canaveral is increased to 5.1 %. This increased rate is to be effective October 1, 2002. SECTION 3. Notice to the Department of Revenue The City of Cape Canaveral directs that notice of the increased local communications services tax rate be provided to the Department of Revenue by certified mail postmarked on or before July 16, 2001, as provided in section 13, Enrolled CS/CS/SB 1878. SECTION 4. Severability The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. SECTION 5. Effective Date The effective date of this Resolution shall be immediately upon its passage by the City of Cape Canaveral. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of June .2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY LAW OFFICES AMARI & THERIAC, P.A. Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Mitchell S. Goldman J. Wesley Howze David R. Martin Matthew J. Monaghan Mark N. McQuagge Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III Of Counsel: Mary E. Lytle, P.A. Ms. Andrea Bowers, City Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attorneys and Counselors At Law Mariner Square Reply to: Cocoa Post Office Box 96 Willard Street, Suite 302 Post Office Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fax (321) 2$9-6624 June 5, 2001 RE: LOCAL COMMUNICATIONS SERVICE TAX RATE RESOLUTION Dear Ms. Bowers: I have reviewed the proposed resolution, the correspondece from the Florida League of Cities, and Florida Statutes 202 and 337. Following said review, Resolution # 2001-17 meets with approval as to form. As for issues of substance, I will defer to your expertise in the field, per our telephone conversation of this date. Please proceed accordingly and contact me should you have any additional questions or concerns. Sincerely, t Mark McQuagge UNST Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Resolutions Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-18, APPOINTING A REGULAR MEMBER AND A FIRST ALTERNATE MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of William Young as a regular member and Elizabeth Foy as a first alternate member to the Business & Cultural Development Board. Sumtpary Explanation & Background: See attached resolution. Terms will expire on 06-01-2003. 1 recommend approval. Exhibits Attached: Resolution No. 01-18 City Mana ffice Department LEGISLATIVE ��ocument admi e-eeting\2001\06-19-01\01-18.doc RESOLUTION NO. 01-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE FIRST ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 17-75 created a Board known as the Commercial Development Board of the City of Cape Canaveral, Florida and renamed by Ordinance No. 10-99 to the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one (1) regular member and one (1) first alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. William Young is hereby appointed as a regular member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2003. SECTION 2. Elizabeth Fov is hereby appointed as a first alternate member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2003. SECTION 3. This Resolution shall take effect immediately upon its adoption. \\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Appointments\Bus & Cul Dev Reg & Alt Member.doc ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of June , 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY I1Cape-nticityclerk\CityClk\Resolutions\BOARDS\Appointments\Bus & Cul Dev Reg & Alt Member.doc Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Resolutions Item 8 No. 1. Continue the site plan review and minor civil engineering tasks to SSA; this seems to be their strongest area. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-19, RENEWAL OF ENGINEERING SERVICES AGREEMENT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the renewal of the engineering services contract with Stottler, Stagg & Associates. Summary Explanation & Background: Attached you have staff's evaluation on the engineering services provided by SSA during this past year. Also included is SSA's response to staff's concerns raised during the evaluation process. Many of the concerns can be remedied, and I would offer the following for consideration: 1. Continue the site plan review and minor civil engineering tasks to SSA; this seems to be their strongest area. 2. The city has a continuing environmental contract with Brown & Caldwell, and I would recommend the city utilize their environmental expertise for sewer and reuse projects. It is difficult to employ a "one size fits all" concept when securing engineering services and this will capitalize on the strengths each firm has to offer. Exhibits Attached: SSA evaluations; response; Resolution No. 01-19; SSA contract City Mana s ffice� Department Ca - ydocu entS\3 Uncl\meeting\20111VUb-19-uIVill-19.(Joc RESOLUTION NO. 01-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The City Council, by passage of this Resolution, hereby authorizes the annual renewal of the Engineering Services Contract with Stottler, Stagg and Associates, for the provision of Engineering Services to the City of Cape Canaveral, Florida; a copy of said Engineering Services Contract is attached hereto and made part hereof by reference. Section 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 19th day of June, 2000. ATTEST: Rocky Randels, MAYOR Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\CONTRACT\Engineering Svcs 2001.DOC FOR AGAINST June 11, 2001 Mr. Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: SSA's Annual Review Dear Bennett: SSA SSA has reviewed our annual evaluation of City Engineering Service and we are concerned that some City Departments appear to have had insufficient data to properly rate our firm. We have attached a general summary of last years' SSA work efforts for both City Council's and your use. In addition, we would like to specifically address both the Building and Finance Department's evaluations as follows: Buildinq Department As noted on the attached work summaries, SSA has reviewed several major site plans for the City over the past year. Key points for our evaluation of this work should have included: 1. In the majority of sites, plans were reviewed in a very timely manner (average of 6 working days per submission). 2. SSA's reviews were performed by an engineering team. The reviews were in- depth and constructive. In many cases the developer (and their engineers) revised plans per SSA's comments and exceeded minimum City standards. Many of these site plans now have better roads, better parking areas, increased sidewalks, better drainage, and overall better sites. We feel that the current site plan process is the best the City has ever had. 3. While no developer likes second or third reviews, SSA did not "add on" additional items (from our first review). By doing site reviews in a comprehensive manner, most developers complaints to the City have been kept to a minimum. 4. The pre -submission site reviews have also helped develop a positive attitude with the site approval process. 5. Costs to the City for SSA's site plan reviews have been very reasonable. (We have included the first two reviews at one cost, which is paid by the developer.) Our review fees also include use of our facilities which include conference 5'fU"I"ILEIZ 5'CAGG & A55UClA"lL'ti AR(All"FEC15 • ENGINFJi N5 • PLANNFRS,INC. �iatiC Alorth Atinnli, Avolllw 1p Cinav�ral, 1:1orida:i2.920'D 1 ''7-783-li3°0 Pax 321-74,, 7065 ..... 1-h-t—ttann1-9001do, Ii:.Ma71,11000076#111,0000700 Bennett Boucher June 11, 2001 Paae 2 SSA's Annual Review rooms, extensive City filing system, etc. Our local presence is very positive for all parties. It was odd that the Building Department's evaluation did no appear to address the above work but seemed to focus on the Park's Department boardwalk. In response to some of the Building Department's comments we note the following: • SSA has the largest structural engineering subconsultant in the County as a team member (Tilden Lobnitz Cooper -Cocoa Office). Over the last five years Cape Canaveral has requested structural services from SSA one (1) time. On the other hand, the City has used our Architectural, Mechanical and Electrical Professional people on building inspections and other services. A staff Structural Engineer does not seem cost effective for the City at this time considering work requests and added insurance. • Design work and schedules on the Manatee Park Boardwalk allowed for City reviews and workshops. Several modifications to designs were a result of these team meetings and City requests. • Of the extensive site plan review work performed for the City, SSA is not aware of any approvals by us that do not meet minimum codes. In many cases our approved projects exceed standards. Finance Department Very little work has been performed for the Finance Department. The referenced space study performed by SSA's Architectural Staff involved work products the Finance Department did not see. These included building layouts and extensive coordination with the City Manager. With regards to invoicing the City, SSA has received different instructions from different departments. To clarify procedures, SSA met with the City Manager and the current procedures include: • If work is requested by the Public Works Department the SSA invoices will be sent to them; • Building Department invoices are to be included with the site reviews; and • Hourly work will be itemized similar to Attorney invoices and forwarded to the City Manager. (It should be noted that very little SSA work is performed hourly.) As there has been very little contact with the Finance Department, our accounting staffs really do not know each other. It would be good if they met quarterly for lunch just to discuss overall activities. r'n reuse Is'c 41 hr, ft anneal rav X)01 den Bennett Boucher June 11, 2001 Paae 3 SSA's Annual Review As the vast majority of SSA's invoices are lump sum tasks, it is hard to imagine cost overruns on the City's part. (SSA has performed quite a bit of additional services for the City on lump sum tasks and these costs have not been invoiced. A listing of some of these services is under Item D attached.) Bennett, per your suggestion SSA will be meeting with each of the above two Departments the week of June 111" to better understand their needs. SSA has enjoyed working with the City over these last five years and hopefully we can continue with a strong team relationship. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar, PE Senior Vice President JAP:jls cc: City Council nniUPnrnienk`nane`,I hannatt anneal rcvixa 9001 dnn Summary of Stottler Stagg & Associates Work For The City of Cape Canaveral June 2000 — June 2001 Overview The following summary reflects a majority of SSA's work performed for the City of Cape Canaveral during June 2000 through June 2001. This summary is intended as a general overview, and specific questions should be addressed to SSA's Cape Canaveral Office. A. Work Performed for Public Works (Lump Sum Tasks) • Preparation of Stormwater Plan • Design and Construction Inspection of 4 phases of re -use water lines • Design and Inspection of Thurm Boulevard • Design and Bid Package for Lift Station 4 and Outfall Line • Baffle Box Design and Construction Inspection on Central Avenue • Holman Avenue Re -Use Line Approximate SSA Fees: $70,425+ B. Work Performed for Buildinq Department • Murphy's Portview Townhouse • Wendy's • Cape Gardens • Royal Mansions • Puerto Del Rio • Villages of Seaport • McDonalds • Artesia Condominiums • Beach Port Townhomes • River Gardens • Capri Builders • Cape Caribe Hotel • Murphy Beachport Townhomes Approximate SSA Fees: $13,000+ (Paid by Developers) c \civillprojects\cape\overview of ssajune 2000 to june 2001.doc June 11, 2001 Page 2 Summary of Work 6/00 — 6/01 C. Hourly Work / Miscellaneous Projects (Mostly Lump Sum Tasks) • Manatee Park Boardwalk ($140,000 construction cost) • Canaveral River Easement • Beachport Survey • Manatee Boardwalk Additional Services • Ridgewood Avenue Pedway SSA Approximate Fees: $22,500+ D. SSA Services Not Charged To City • Al A Study Committee Member Value: $2,000.00 • Attendance @ City Council Mtgs Value: $2,500.00 • Re -Use Inspections w/Port Canaveral Value: $1,500.00 • City Meetings @ SSA Value: $3,000.00 • Engineering Services not charged (mostly due to alternative design requests by City) Value: $15,000.00 Total Value Not Charged: $24,000+ c:\civil\projects\cape\overview of ssa June 2000 to june 2001.doc AL W L O i Q CM O :D r cn N — O N Q m o C CF) CD / * � cz (n = O (D CD N (n 7 Cl p L �+ E U E (n L O U- 0 � (Q cn�/� O 0 O O 6q o O 6 O 6q C) 0 0 O O l T^ VT 0 0 O O (T v4 0 0 O O 'T^ vq O 0 0 U-) N Ir- VT 0 0 O O T {'� O 0 O O O 'T^ v� O C) o O 0 o O O T 6q 0 N Cfl JN^ vT O O 0 U) LNC) 64 O 0 O � 6q -0 70 _0 70 U)^ H a) a) CD (D CD a) O N O O CO O co O M T N-0 r- O r, cO cO cO LO O O T T `, T N CO CO T Z U Q Q Q Q Q Q A _ = 0 O 0 O O O O O O T O O O O O O O O T T T T T T O C) O O O O O O U r- CA (C) ' ON N O N CY) In CA Nt It � O \N -- \--N -- -- -- = - N N N N I— 00 a0 00 00 O T N N T N m m� LO L It N Q O 0000C)00� O O O O O T O O O O TT OTOOOO T T T 3 m >_(n It LO (C) 0)T O I- O O CD CD .� N N N_ N_ C'•) N O T C'7 NM� O O 00 ) M 0000 0000 C(O OD r- 000 C\0 T N T N T C� CY) 't 't '^ Y J T T T T C co � a > O a) cn co •D a a) � Cts cz T N —m O O T N CO � •- >> 4t4 a) LL T- T N T L- IL I w U)CCS C C cz >i T N w N a) a) a) a) O E E T a> a) a) °� > CC _ Q) cr a) N Ir > a) CC C — C — C — C — E C C C CD a) C O cr C: IL a- m Z > _ = cz Ir oC co cz w Ca m m a) a) E0 - Ui in (n CEL O CCf CCS >a a) a) � O O O O u) u) :W U) U) p p O cn222Z C O al O b -C CD -2 Q) a) cn (0_0CD a) -------- a) Q) a) cn cn Uco M czU N 70 70 O O U p m m m m m C CD CD o c c co co CDUUUU -p FZ a) CD O C U) M U a) a) a) a) L p 223: Lp a) O CCS (CS Ua-22<< :3U U a) = a) 'C ca a) CD0- . � sUUUU CCS CCS 0101 /CCAS CCS 0 Mav 25, 2001 Mr. Bino Camparaini Stottler, Stagg & Associates P. O. Box 1630 Cape Canaveral, FL 32920-1630 City of Cape Canaveral RE: SRIALL BUSINESS OF TME YEAR N'OMI,'YATION Dear ,V1r. Camnpanini: Congratulations! The Cape Canaveral Business & Cultural Development Board at their May 16, 2001 meeting nominated Stottler, Stagg & Associates for the Cocoa Beach Area Chamber of Commerce Small Business of the Fear Award in the 11 —30 employee category. You and a guest are cordially invited to be our guests at the SBICAward Banquet being Ireld on Friday, August 17th at the Radisson. The Cocoa Beach Area Chamber of Commerce will be contacting you shortly to discuss this upcoming event. Again, congratulations on your nomination! Sincerely B6171 ett Q' -Boucher City Manager cc: Business & Cultural Development Board Honorable Mayor and Members of the City Council Heidi Brandow, Cocoa Beach Area of Commerce 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: capeCiu.net June 11, 2001 Mr. Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Submission of SSA Invoices Dear Bennett: SSA Per our recent June meeting and your instructions, SSA will be invoicing the City of Cape Canaveral as follows: 1. If an SSA work order is prepared for a City Department such as Public Works, then the SSA invoice will be sent to Public Works for processing. 2. For the Building Department site plan reviews, SSA will continue to include the invoice with the review comments. 3. Finally, for miscellaneous hourly work (which is fairly rare), SSA will forward a line item summary (similar to your Attorney invoices) to the City Manager's Office for approval. Bennett, it is hoped that this simple invoice procedure will work for all Departments. Thanks for your support. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar, PE Senior Vice President JAP:jIs cc: Public Works Building Department Finance Department SSA Bookkeeping S7'C>"1'ILEK STAGG & ASSOCIA FS ANCHITECTS - ENGINFIERS • PLANNERS,INC. SfiBC Nonni '1 mii� Av,iwe f'. i i. !;:�x 16MI Caq,N i',i7ti9['� i. Florida 32920 I'c! '21-7 3-1320 Fax .ili-7 3-7QR5 o —l'-0, -—A h­tt n"­r,r-4—doe 4AAC0(1(,tiff q;AW000762 #11;C0670G ANNUAL EVALUATION OF CITY ENGINEERING SERVICES Provided by Stottler, Stagg & Associates City Department City Manager Evaluator Bennett C. Boucher Rating Scale: (1) unsatisfactory, (2) needs improvement, (3) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? 2 Remarks: They are good in civil and site plan review work; lacking in environmental areas Is the staff of SSA timely in responding to assigned tasks? 2 Remarks: Delay in delivering work product has delayed city projects (Vortex stormwater); site plan reviews have been timely and complete Are correspondence and reports written effectively? 3 Remarks: Reporting is not consistent; council asked for quarterly status reports. They are not submitted in a timely manner. Otherwise, reports are often well written and informative Rate the overall quality of work. 3 Remarks: Reuse construction inspection service, site plan reviews and civil engineering services are of good quality and professional Rate the interaction with your city staff. 2 Remarks: SSA should be more proactive in addressing staff's concerns. Would encourage SSA to meet with staff on site, then at SSA's office Are tasks completed within budget? 3 Remarks: SSA should not bill or conduct any work beyond approved task unless additional work is approved by the city in writing Is the billing by SSA accurate? 3 Remarks: There have been some billing problems; the requesting department should review any disputed billing and SSA should respond promptly. This is a correctable item Are there any areas you would like to see improvement? Prompt reporting and resolution of task or billing issues What are the best qualities of the SSA staff? Site plan reviews — I had no complaints from developers Would you recommend retaining the services of SSA? YES NO (??) Would reserve judgement pending SSA's comments to city council ANNUAL EVALUATION OF CITY ENGINEERING SERVICES`" Provided by Stottler, Stagg & Associates City Department �Lkj e -x_ Evaluator /� l' 7 •� Rating Scale: (1) unsatisfactory, (2) needs improvement, (3) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? Remarks:f eq_e �' f r r ; r e -Y✓ o T 12 Is the staff of SSA timely in responding to assigned tasks? 2— Remarks: c-; e /C' Are correspondence and reports written effectively? 3 Remarks: Rate the overall quality of work. , 5 0 Remarks: �� a S. c � � s' �f b f, /7'7 ��_ ���� / N� 7/_1 74- 2 , , �cc� 71--Z) �%i�u,� YfifJ�;-������r_� Rate the interaction with your city staff. Remarks Are tasks completed within budget? Remarks Is the billing by SSA accurate? Remarks: Are there any areas you would like to see improvement? What are the best qualities of the SSA staff? a V Ce 12lee�� 0717— k Would you recommend retaining the services of SSA? YES —NO n L d" P �= cJ !'� I'►� y� c� �, .: c, r; - � � i P h : CY (,� I��� ; �l ,P a_ f ) n ANNUAL EVALUATION OF CITY ENGINEERING SERVICES Provided by Stottler, Stagg & Associates City Department Evaluator Rating Scale: (1) unsatisfactory, (2) needs improvement, (3) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? Remarks: Is the staff of SSA timely in responding to assigned tasks?_ Remarks: Are correspondence and reports written effectively? ,i— Remarks: _Remarks: Rate the overall quality of work,_ Remarks: Rate the interaction with your city staff. Remarks Are tasks completed within budget?" Remarks Is the billing by SSA accurate? Remarks: Are there any areas you would like to see improvement? What are the best qualities of the SSA staff? Would you recommend retaining the services of SSA? YES NO f., lay, -le 777,0 ANNUAL EVALUATION OF CITY ENGINEERING SERVICES Provided by Stottler, Stagg & Associates City Department Evaluator , Rating Scale: (1) unsatisfactory, (Z) needs improvement, (7) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? Remarks: "I . Is the staff of SSA timely in responding to assigned tasks`? Remarks: Are correspondence and reports written effectively? Remarks: Rate the overall quality of work. Remarks: Rate the interaction with your city staff. Remarks Are tasks completed within budget? Remarks Is the billing by SSA accurate? a Remarks: 4 Are there any areas you would like to see improvement? , What are the Best qualfties of the SSA staff? Would you recommend retaining the services of SSA? YES NO s�,_ 47 ANNUAL EVALUATION OF CITY ENGINEERING SERVICES Provided by Stottler, Stagg & Associates City Department Finance Dept. Evaluator. Andr a RnwprG, Cit* -Treasurer Rating Scale: (1) unsatisfactory, (2) needs improvement, (3) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? 1 Remarks: I believe that SSA has staff to meet the requirements of Finance and Acct. Payable but choose not to follow established proceedure. I have written and spoke personally with Mr. Pekar concerning the original invoice and billing address with no cooperation. Is the staff of SSA timely in responding to assigned tasks? N / A Remarks: Are correspondence and reports written effectively? N/A Remarks: Rate the overall quality of work. 1 Remarks: The project that I was involved in is the City Hall expansion. The survey they submitted as their own had been developed and completed by City Hall staff prior to SSA involvement. Their efforts amounted to compiling it into matarix form. Their design was poor and did not take into consideration the Rate the interaction f.t h6up&,� %tr For this work we were bill excessively. Remarks Their accounts receivable staff has been openly hostile to my staff on more than one occasion. Most problems would be gone if their staff would follow proceedure as indicated on the Purchase Orders. Are tasks completed within budget? 2 Remarks Is the billing by SSA accurate? 1 Remarks: My department monitors SSA's billing as there is a history of cost over-runs.— They preform work without written authorization and do not submit billing to the Finance department, creating a paperwork nightmare. Are there any areas you would like to see improvement? What are the best qualities of the SSA staff? Would you recommend retaining the services of SSA? YES XX NO CITY OF CAPE CANAVERAL FINANCE DEPT. Memo To: Honorable Mayor and members of Council From: Andrea Bowers, City Treasurer Date: 14 June 2001 Re: SSA evaluation Attached are a few examples to back up my evaluation of SSA. Concerns that appear simple, such as following the billing instruction can cause a great deal of problems. When the Finance Department is not aware that an invoice has been issued for services/product there is no way that we can respond to the vendor or follow-up on payment authorization. When the process is followed, the payment procedure is quite trouble free. At this time I feel that the City should go out for bid concerning the City Engineer. 4- m O O O 00 M M _z 0 z Z) r.L. Q O LL CO W 0 W w O O O O V T 0 W F- U) W D 0 � W LL (7 z 0 z LL J O O O E O O O C .O :� h- -, O aM O Q 0 O � O m .. N 00 m - O a) 7 � O �=td' � M0 v- a) L O O to t a) U U O 3 4- ` f6 _ f6 O U O a) (D O r— O to to CL M Q N cB a) =) � cn 0 O O LO N C .0 a) LO Q O 6 O m � fn O. 0 C f� N � �- C E cn 69 L J }i � 0 m N(a CDCD C V COiN r- "T N c a)o E a) 0 E - _0 0)a) m rte-+ 09, OU O O O 00 M M _z 0 z Z) r.L. Q O LL CO W 0 W w O O O O V T 0 W F- U) W D 0 � W LL (7 z 0 z LL J O I.- O O O O LC) O O LO 0 0 0 O O Z O O O O r- LO O r— O to to O O =) O LO LO (o (V 6 6 0 r-� r-� O O 0) LO N r- "T (V O N T T T co O O - N r O 14- t- M M 00 00 M N T M T O T Q r N N N N N O (D (D (o (D (D r O T (D (D r Z TT .-- M LO LO MLO MLO U) N O a 0 0 0 N Ln T Ln r N LO T N LO Lo T T O) W Q r- 00 H O M O 0) (0 O L() z OT LO T LO (D N (D LO O O ti Q W I— O v Nr- 00 CO Ln m (o LO CO F- a. LL W(0 (0 (Q (Q Ln LO LO LO Ln LC) LO LO O V a J OO a T T O O M O O O O rn O ZW O O O O O rn O O O Orn O LO V r N O) V LO M V' M Nr Q N- N - - - N N N T 0 r LO M r- M T T M LO LO N N T N T O O O 00 M M _z 0 z Z) r.L. Q O LL CO W 0 W w O O O O V T 0 W F- U) W D 0 � W LL (7 z 0 z LL J O Regular Meeting Minutes October 5, 1999 Page 3 3. (1223) Bid Award — RFP #99-03, Reuse Water Project Phase III Extension Mr. Gardulski explained the bid results as reviewed by he and Mr. Pekar of SSA. References have been checked and they recommend awarding the bid to Carl Hankins. A' motion was made by Mr. Hernandez and seconded by Mr. Petsos to award Bid ,r99-03 to Carl Hankins, the low bidder in the amount of $279,592.60. Mr. Petsos clarified that restoration costs are included. The motion passed 4-0, with voting as follows: Mr. Treverton, For, Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. (1395) Evaluation and Design of Sewage Lift Station #4 Public Works Director, Ed Gardulski explained that this is the last canned station to be upgraded and the capacity will also be evaluated. Mr. Pekar explained that tasks one and two are highly defined and work could potentially stop after task two is the reason for the "no more than" clause in the proposal. He further explained the hours. Permitting is the only area of previous work done that will be able to be carried forward. Refurbishing does means that some elements of the station could be salvaged. Council concurred that they • want the lift station designed to be without flaw and upgraded to the best possible level. Mr. Saurenmann opined that it would be more efficient and cost effective to have a new lift station. Mayor Randels explained that the design has to be done regardless. Before a bid can be let, specifications for the lift station would be required. Mr. Petsos opined that the proposed cost for design is too high. ..A motion was made by Mr. Hemandez And seconded by Mr. Treverton approve the Evaluation and Design of Sewage Lift Station #4 as proposed by Mr. Gardulski. The motion passed 3-1, with voting as follows: Mr. Treverton, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, Against; and Mayor Randels, For. 5. (1979) Design of Phase 1V - Reclaimed Water Program Public Works Director, Ed Gardulski explained that the City is about a year behind with the reclaimed water program. He recommended constructing a new trunk line to tie in from North of Eberwein to Central for the industrial park and the properties on the west side of Atlantic Avenue. Council concurred that the loop appears to be a good concept. Clarification was given that Briley Wild • Engineers prepared a feasibility study for the City; Hartman and Associates did the conceptual design. This engineer design would have all underground O Y _ L O Y Q O N ai 3 70 N - O GO- O O - O- pcM 00 r C U M C (v cn (A .� N 0O cn N 7 (0 -C O t N to -- a) a L O ca cn O Q Y N cu U) = 3 U) a N -O LL � O cn U) m = C a) N (0 H F F- O O O O O O M r N CO �t M r F- 0 0 0 0 0 0 0 0 0 0 0 O Z 0 0 0 0 99 0 0 0 0 0 O D O U) U') O U) UO 0 0 0 0 0 O O q' M O M 00 O 00 O O M r It d7 N I� M 00 00 x 0 0 0 1� 00 Q N r C -i N d I - r O UJ w m N N N it It IT IT IT O O O 0 (1. (.. (I. O O O O O r r r M (�, CI. �. d U7 U) U7 M U7 U7 0 r Y r r r r r r r CK Q w N O "7 I- O N M U) It O O w Q N O Il- O W O r M O Or-- Qw Z (f) (LO LO U' � Om LO lLO LO (O ((D Z U Q 0 rn O rn rn O O O r Zw °' o rn CF) 0)�� 0 0 0 0 r M M ... M l` l\ r Q r Nr N to r M M N N O-- N M r r r ;T LO r-- ANNUAL EVALUATION OF CITY ENGINEERING SERVICES Provided by STOTTLER, STAGG & ASSOCIATES City Department Public Works Evaluator Ed Gardulski Rating Scale: (1) unsatisfactory, (2) needs improvement, (3) satisfactory, (4) very good, (5) exceptional Does SSA have the staff to meet your departmental needs? 3 Remarks: The firm appears to have had a shortfall in staff early during this contract period. They have increased their civil staff to meet demand. Staffing has improved. Is the staff of SSA timely in responding to assigned tasks? 2 Remarks: Needs to improve in completing tasks in a timely manner, for example bid document for L.S. #4 missed deadline for advertisement. Are correspondence and reports written effectively? 5 Remarks: Prepares concise and meaningful reports. Our Storm Water Plan is a good example. Rate the overall quality of work. 5 Remarks: Overall quality of work is consistent. Achieves results with accuracy and precision. Rate the interaction with your City staff. 4 Remarks: Interaction with City staff is exceptionally cooperative. Promotes cooperation as a team player. Are tasks completed within budget? 4 Remarks: Tasks are completed within the budget. Cost overruns have not been invoked. Is the billing by SSA accurate? 4 Remarks: Minor invoicing problems for work that has not been tasked by the City, for example, DEP Meeting on Plant Permit. Are there any areas where you would like to see improvement? Need to improve on completing tasks in a timely manner, for example, storm water box at WWTP. What are the best qualities of the SSA staff? Best qualities are: 1. Local firm and easy access to firm's staff. 2. The firm's fees are below the industry's average. Would you recommend retaining the services of SSA? YES Overall very good — 3.8 City Manager's Office Memo To: ED GARDULSKI, PUBLIC WORKS DIRECTO From: BENNETT C. BOUCHER, CITY MANAGER Date: June 7, 2001 Re: STOTTLER, STAGG & ASSOCIATES ANNUAL EVALUATION LUN - 7w' Ed, I need you to clarify the following comments made on your evaluation of SSA: • "SSA needs to improve completing tasks in a timely manner." Please provide some examples. • "Minor invoicing problems for work that has not been tasked by the city." Please provide examples. • "Need to improve on completing tasks in a timely manner." Please provide examples. SSA's engineering service contract will be up for City Council consideration on 06-19-01; therefore, please forward this requested information to my office by 06-13-01. BCB:kmm 0 Page 1 AGREEMENT FOR ENGINEERING SERVICES �h THIS AGREEMENT made and entered into this -7 day of n z, >Aqj by and between the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation(hereinafter referred to as "CITY"), and STOTTLER STAGG & ASSOCIATES, INC., a Florida Corporation (hereinafter referred to as "CONSULTING ENGINEERS") RECITALS WHEREAS, the CONSULTING ENGINEERS have served the CITY continuously since the 7th day of February, 1995; and WHEREAS, the CITY wishes to obtain the professional services of the CONSULTING ENGINEERS, pursuant to Section 2-I51 of the Code of Ordinances, to provide services as may be authorized by the CITY; and WHEREAS, the CITY desires to obtain the benefit of experience, ability and services of the CONSULTING ENGINEERS upon the terms and conditions hereinafter set forth; and WHEREAS, the CONSULTING ENGINEERS are willing to render such engineering services and to devote their best efforts to the CITY upon such terms and conditions. WITNESSETH NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants contained herein, the parties hereto, agree as follows: 1. CONSULTING SERVICES: The CONSULTING ENGINEERS agree to provide continuing consulting; (a) engineering, planning, architecture, hydrogeological, survey and management consulting services and (b) site plan review and sewer utility advisory services. 2. GENERAL ENGINEERING SERVICES: THE CONSULTING ENGINEERS agree to provide general engineering services including attendance at meetings, review of applicant submittals, negotiations of various kinds, staff assistance, miscellaneous engineering and all other functions not included in (i) site plan review services, (ii) study and report services, (iii) project design services, (iv) general services during construction, (v) resident inspection services, and/or (vi) supplementary and special services. 3. SITE PLAN AND DEVELOPMENT REVIEW SERVICES: The CONSULTING ENGINEERS agree to provide site plan and development review services verifying applicant compliance with the CITY's Comprehensive Plan, land development and community appearance codes, and field investigations. 4. STUDY AND REPORT SERVICES: The CONSULTING ENGINEERS agree to conduct reviews and analysis of submittals to the CITY, investigations and studies to prepare engineering reports and cost estimates pertaining to specific assignments as may be authorized by the CITY from time to time. S. PROJECT DESIGN SERVICES: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to prepare a Design Report for specific projects. The Design Report shall set forth the design basis, criteria, assumptions, schematics, materials and equipment evaluation, and preliminary selection with capacities, descriptions, catalog cut sheets and such other material as may be appropriate to thoroughly describe the intended design. The CONSULTING ENGINEERS agree not to 2 proceed with detailed design until such time as the CITY shall approve the Design Report. (b) The CONSULTING ENGINEERS agree to prepare the detailed design for any project for which the Design Report has been approved by the CITY. The detailed design shall include detailed construction drawings, specifications and contract documents suitable for inviting construction bids for such projects as may be authorized by the CITY. The work shall include the preparation of an estimate of probable cost of construction based upon completed construction plans, complete sets of drawings, specifications and contract documents, and reproducible drawings on erasable mylar film shall be provided to the CITY for each project (c) The CONSULTING ENGINEERS shall confer as required with officials of State, Federal and local regulatory agencies having jurisdiction during the preparation of the drawings and specifications and shall assist the CITY in obtaining approval of the same, and in obtaining required permits from, and agreements with, such agencies. 6. GENERAL SERVICES DURING CONSTRUCTION: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish general engineering services during construction of projects for which drawings, specifications and contract documents have been previously prepared by the CONSULTING ENGINEERS or accepted by the CONSULTING ENGINEERS as being suitable for use. The services shall include advice and assistance to the CITY in the receipt and analysis of bids and the award of construction contracts, advice during construction, preparation of such sketches as are needed to resolve actual field conditions, review of shop drawings and working drawings 3 submitted by the contractors, periodic observations of work in progress, review of cost estimates for payments to the contractors during the progress of and upon completion of the contracts, and observation of the final testing and final inspection of the completed works. (b) The CONSULTING ENGINEERS agree to prepare and submit monthly progress reports covering the general progress of the work and describing problems or factors contributing to delay. 7. RESIDENT ENGINEER OR INSPECTOR SERVICES: As may be authorized in writing by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish either a full-time chief Resident Engineer or Inspector, and full-time construction inspector(s) for inspection of construction and assistants (including other field staff, related office management and clerical staff) as may be needed, all of whom shall be under the general direction and instruction of the CONSULTING ENGINEERS. Resident Engineer or Inspector duties shall be generally in accordance with the National Society of Professional Engineers Contract Documents. (b) The CONSULTING ENGINEERS agree to prepare and submit daily reports of the field staff describing the general working conditions, areas of construction activity, all tests performed and special and unusual events. 8. SUPPLEMENTARY AND SPECIAL SERVICES: The CONSULTING ENGINEERS agree to furnish any one or more of the following supplementary and special services as may be authorized by the CITY from time to time: 4 (a) To make, or at the option of the CONSULTING ENGINEERS, to have made by others under the direction of the CONSULTING ENGINEERS, necessary field surveys (including easement plans and descriptions) not otherwise provided by the CITY, traffic surveys, subsurface explorations including the analysis thereof required for construction plans, laboratory testing and inspection of samples or materials, and other special studies and consultations. (b) To prepare necessary State and Federal grant application forms; to provide additional engineering services, special plans and descriptions, as may be required to assist the CITY in obtaining various permits and approvals for construction and operation; and to prepare for and attend public meetings and hearings as may be required by the CITY. (c) To furnish extra copies of drawings, specifications, contract documents, special drawings, reports and similar documents. (d) To review materials and equipment submittals tendered by bidders and contractors when such submittals are alternatives to those specified or previously approved. (e) To review and report on claims for extra compensation or time extensions submitted by contractors. (f) When requested by the CITY, to prepare and submit proposed contract change orders. (g) To prepare additional sets of reproducible record drawings and other data furnished by the contractor to the CONSULTING ENGINEERS showing those changes made during the construction process and which the CONSULTING ENGINEERS 5 consider significant. (h) To revise previously approved studies, reports, design documents, drawings and specifications. (i) To prepare detailed renderings, exhibits or scale models for projects. 0) To furnish such services and advice and assistance in the organization of an operation and maintenance staff, in the delegation of routine operating duties, in the organization of sampling and analysis, in the operating and testing of equipment, in the preparation of operating and laboratory report forms, in the adjustment of wastewater treatment processes for more efficient performance and to assist in the operation of the facilities. (k) To prepare an Operation and Maintenance Manual for the use of the CITY personnel for projects. (I) To conduct investigations and prepare reports pertaining to operations, maintenance and overhead expenses; to prepare rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; to prepare detailed quantity surveys of material and labor, and to prepare material audits or inventories or inventories required for certification of force account construction performed by the CITY. (m) To perform additional services resulting from projects involving more than one general construction contract, separate construction contracts for different building trades, or separate equipment contracts. (n) To perform additional services in connection with the rejection and rebidding of construction projects. (o) To inspect a project prior to the expiration of the guarantee period and to report observed discrepancies under guarantees provided by the construction contract. (p) To perform additional services during construction made necessary by work damaged by fire or other cause during construction; prolongation of the construction contract timeby more than twenty-five percent (25%); acceleration of the work schedule involving services beyond normal working hours; or contract default due to delinquency or insolvency. (c) To serve as an expert witness for the CITY in any litigation or arbitration and to assist the CITY in preparing for litigation or arbitration. 9. COVENANTS BY THE CITY OF CAPE CANAVERAL: The CITY hereby covenants and agrees: (a) To appoint a representative with respect to particular work to be performed under this Agreement. This representative shall have authority to transmit instruction, receive information, and interpret and define the CITY's policy and decisions pertinent to the work covered by the Agreement. (b) To make available at no cost to the CONSULTING ENGINEERS all existing records, reports, maps, plans, aerial photographs or other data which may be required for work under this Agreement, and to provide full information as to the CITY's requirements for any work authorized hereunder. (c) To make its stormwater and sewer and other facilities and properties available and accessible for inspection by the CONSULTING ENGINEERS, and to provide labor and safety equipment as required by the CONSULTING ENGINEERS and authorized by the CITY, and to guarantee access to and make all provisions for the CONSULTING ENGINEERS to perform his work under this Agreement. (d) To advertise for proposals for construction projects from qualified bidders, 7 open the proposals at the appointed time and plan and pay for all costs incidental thereto. (e) To give prompt written notice to the CONSULTING ENGINEERS whenever the CITY observes or otherwise becomes aware of any defect in project. (f) To give careful and reasoned consideration to the findings and recommendations of the CONSULTING ENGINEERS and to respond in a timely manner so as not to unduly delay the work. CITY (g) To pay the applicable regulatory permitting fees for those projects conducted by 10. AUTHORIZATION OF WORK: All work to be performed by the CONSULTING ENGINEERS under this Agreement shall first be authorized by the CITY. There is no obligation for work not authorized by a notice to proceed. (a) Engineering services relative to the CITY engineering functions and budgeted capital improvements program are authorized to be performed subject to the issuance of a notice to proceed for each and based upon a written scope approved by CITY with fees that are negotiated with the CONSULTING ENGINEERS. Work shall not commence on individual projects until a written notice to proceed is provided by the CITY. (b) Each authorization approved by the CITY shall contain a description of the work to be undertaken. The authorization shall also contain a budget amount of the fee to be paid based upon the applicable method for calculating the fee, and such budget amount shall not be exceeded unless prior written approval is issued by the CITY. In the event the CITY does not approve a revised budget and additional funding, and the need for such action is not shown to be the fault of the CONSULTING ENGINEERS, then the authorization shall be terminated and the 8 CONSULTING ENGINEERS shall be paid in full for all work performed to that point. The form and format of the budget shall be in sufficient detail so as to identify the various elements of cost and shall be subject to approval of the CITY. (d) Any authorization may contain additional instructions or provisions specific to the authorized work for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. 11. PAYMENT FOR SERVICES: The CITY agrees to pay the CONSULTING ENGINEERS for all services authorized and performed in accordance with the approved budget at the hourly rate schedule attached as Exhibits "A" and `B", as follows: (a) Within 30 days for CITY projects subject to the budget set out in each authorization of work. (b) Fees shall be due and owing to the CONSULTING ENGINEERS within 14 days of receipt of payment to the CITY by any site plan/development review applicant provided, however, the CITY shall have no liability to the CONSULTING ENGINEERS for site plan/development review fees not collected, provided the CITY has properly billed for such fees. (c) Those functions which are considered overhead and included in Exhibits "A" and "B" provided herein are general clerical functions, internal Stottler, Stagg & Associates, Inc. accounting functions, employee benefit and non -billable time functions, reception and overhead functions, insurance, secretarial support for letters, reproduction of short standard documents (not reports, studies and/or specifications), secretarial coordination for meetings and related M professional support activities; costs for telephone, costs for car telephone, long distance calls, company car mileage, car maintenance or other related costs. Moreover, costs for computers, word processors, CADD facilities, plotters and printers, facsimile equipment, optical scanning services, routine copies, computer software, and other professional support equipment are considered as included in the Exhibits "A" and `B" fee schedules provided herein. (d) Monthly billing documents shall include a delineation of the type of service, a description of the activity, a delineation of the person, rate and reimbursables for the project. 12. PROHIBITION AGAINST CONTINGENT FEES: The CONSULTING ENGINEERS warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTING ENGINEERS, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the firm, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. LIFE AND LIMITATIONS OF AGREEMENT: (a) This Agreement shall remain in full force for a one (1) year period, or unless earlier terminated by either party, per Paragraph IS, except that as to work completed under this Agreement prior to notice of termination without fault of the CONSULTING ENGINEERS. This Agreement may be renewed and extended for successive one (1) year periods on each anniversary date hereof by mutual agreement of the parties hereto. Should CONSULTING ENGINEERS desire to renew this Agreement, CONSULTING ENGINEERS shall request the extension in 10 writing at least sixty (60) days preceding any anniversary date of this Agreement. (b) It is agreed that this Agreement does not confer an exclusive right on the part of the CONSULTING ENGINEERS to perform all of the CITY's consulting engineering, planning and landscape architectural work. (c) It is agreed that the CONSULTING ENGINEERS shall not be required to enter upon any facility or property which the CONSULTING ENGINEERS believe to be hazardous, dangerous or unsafe. (d) It is agreed that intellectual property of all reports, tests, specifications, mylar or electrostatic plots on vellum or other reproducible media record drawings will be the property of the CITY. 14. AUTHORIZED REPRESENTATIVES: The authorized representative for the CONSULTING ENGINEERS is John A. Pekar, P.E. The CONSULTING ENGINEERS may only substitute the authorized representative if agreed to in writing by the CITY. The authorized representative for the CITY is the City Manager. The CITY may substitute the authorized representative after giving written notice to the CONSULTING ENGINEERS. 15. TERMINATION: This Agreement may be terminated by either party without cause upon sixty (60) days written notice to the other party. If terminated without fault of the CONSULTING ENGINEERS, the CONSULTING ENGINEERS shall submit and be paid in accordance with work previously completed under this Agreement. 11 16. INSURANCE: The CONSULTING ENGINEERS shall maintain a minimum of $1,000,000 professional liability insurance, for each occurrence $500,000 for workers' compensation and employers' liability, automotive liability of a combined single limit of $1,000,000 and general liability as an aggregate of $2,000,000 with coverages including personal injury of $1,000,000 and per occurrence coverage of $1,000,000. (a) Special Requirements: 1. The CITY is to be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 2. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the Agreement. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30 -day notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. (b) Indemnification: For specific consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTING ENGINEERS shall indemnify and save harmless the CITY and its employees from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the CITY or its employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission, omission, negligence or fault of the CONSULTING ENGINEERS, their agents, employees, or subcontractors committed in connection with this Agreement. 12 18. CONFLICT OF INTEREST: The CONSULTING ENGINEERS hereby agree that it, its principals, shareholders, or employees shall not represent any third parties in any matters of land development before the City of Cape Canaveral. In addition, the CONSULTING ENGINEERS, its principals, and shareholders agree that they will not develop property owned by them located in the City of Cape Canaveral without prior written consent of the CITY, at which time the CITY may engage an independent, third party engineer at its election. 19. MISCELLANEOUS: Venue for and litigation for other methods of dispute resolution shall lie exclusively in Brevard County, Florida. This Contract shall be governed by the laws of the State of Florida. WHEREFORE, the parties have executed the Agreement this day and date first written above. 13 Witness STOTTLER, STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. B y: z iz, John Pekar, P.E. Witness CITY OF CAPE CANAVERAL �� �Jr—�_ Byre �k Rocky Randels, Mayor Attest: 14 EXHIBIT A CITY OF CAPE CANAVERAL RATE SCHEDULE* Averaged Engineering Staff Billing Rate @ Survey Crew RATE/HOUR $70.00 $75.00 • To be typically used for preparation of City requested lump sum projects or as a standard fee for hourly supportive tasks. SSA may adjust hourly rates on some lump sum projects or supportive tasks that are small and only require partial work to complete. Other direct charges will be as noted in Section II of the contract under Payment for Services. c: lavil'gorclmtmvOexhibits to oontract.doc EXHIBIT B CITY OF CAPE CANAVERAL SSA FEE SCHEDULES FOR RESIDENTIAL SITE PLAN AND DEVELOPMENT REVIEWS Pre -Application Review Meeting at SSA's Cape Canaveral Office .......................................... No Charge (No charge for 1St meeting, however if additional meetings are requested by the applicant, charge of $70.00 per hour per staff member.) CITY REVIEW FEES* 1. Residential Site up to four (4) units..................................................................................... $500.00 2. Commercial Sites up to four (4) acres and Residential Sites over four (4) units .............. $1,000.00 3. Commercial Sites over four (4) acres to eight (8) acres ..................................................... $1,500.00 4. Commercial Sites over eight (8) acres or Special Commercial Sites. Review fees to be established after pre -application meeting based on hourly rates estimated in EXHIBIT A. 5. Expert Witness, Pre -Trial, Legal Support work, etc. to be billed at $125.00 per hour. * NOTE: This lump sum fee is to be paid to the City upon submission of the site plan. This fee covers up to (2) engineering reviews. If additional reviews are required by the Engineer, then SSA will bill the City at the rate of $70.00 per hour per staff member. The applicant will be required to pay this additional fee prior to site plan approvals being issued. cAavi*ctects�we%exhbits to contract.doc EXHIBIT B CITY OF CAPE CANAVERAL SSA FEE SCHEDULES FOR RESIDENTIAL SITE PLAN AND DEVELOPMENT REVIEWS Pre -Application Review Meeting at SSA's Cape Canaveral Office .......................................... No Charge (No charge for 1St meeting, however if additional meetings are requested by the applicant, charge of $70.00 per hour per staff member.) CITY REVIEW FEES' 1. Residential Site up to four (4) units..................................................................................... $500.00 2. Commercial Sites up to four (4) acres and Residential Sites over four (4) units .............. $1,000.00 3. Commercial Sites over four (4) acres to eight (8) acres ..................................................... $1,500.00 4. Commercial Sites over eight (8) acres or Special Commercial Sites. Review fees to be established after pre -application meeting based on hourly rates estimated in EXHIBIT A. 5. Expert Witness, Pre -Trial, Legal Support work, etc. to be billed at $125.00 per hour. ' NOTE: This lump sum fee is to be paid to the City upon submission of the site plan. This fee covers up to (2) engineering reviews. If additional reviews are required by the Engineer, then SSA will bill the City at the rate of $70.00 per hour per staff member. The applicant will be required to pay this additional fee prior to site plan approvals being issued. c:ldWi xg9c6lcap"A*flstoeontact.doc Meeting Type: Regular Meeting Date: 06-19-01 AGENDA Heading Discussion Item 9 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: STORMWATER MARKER VOLUNTEER PROJECT DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council set the date and time and scope of this volunteer project. Summary Explanation & Background: The public works department, in conjunction with the St. John's River Water Management District, has obtained storm drain "snook" markers and adhesive for all of our storm drainage inlets. This project will help to inform our residents and businesses to keep our curbs and storm inlets clean. Please advise. Exhibits Attached: Public works director's memo of 06-12-01 City ManaAer j'�;OfGce Department PUBLIC WORKS e -n 11 m,mydocume ncil\meeting\2001\06-19-0I\snook.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: June 12, 2001 RE: Stormwater Markers The City of Cape Canaveral has received the Stormwater Marker to be placed at each of the inlets throughout our city. It is recommend that the implementation of this project to be accomplished through phases. The first phase should be the Harbor Height subdivision and can be a test area by a group of team leaders. The Presidents Streets area can be the second phase with the team leader having street assignment. City Staff due to safety concerns should complete the area along Al A. Attached is a copy of a map locating the Stormwater inlets. The marker needs to be placed at the center of the inlet, on a flat surface, facing upward and readable from the street side. I will make up a drawing package for installation. Attachments File Volunteers Needed Storm Drain Markers Coming To a Storm Drain Near You! Storm Drain Marker Kits In order to keep eyes on our curbs, we need to add a little pizzazz. We'll be gracing our storm drains with a durable vinyl marker. We have put together Storm drain Marking Kits for volunteers. The kit includes 25 markers, adhesive, a storm basin map, instructions, trash bag, dustpan and broom. Application is simple and will certainly offer an opportunity to think about the land/water connection. If you or a local organization you belong to is interested in helping out in this way, please call: Public Works @ 868-1240 or email Egardulski@bellsouth.net. � � e � E © O 7 o s CQ � E 4) § e O & 44s 2 e � k ƒ Z— < E & � k ® 72 « Ci s e ® A 2 M to & 2 2 q z E E e £ e A q M k k ® § 2 2 f Cs e O % [ cl t 2 k [ [ 4 % o / e 3 q A % a & R E � e � E © O 7 o CQ 2 f 4) e E & 44s 2 e Z— < 72 Ci � ® A k E E q 0 o % e £ e A e R Cape Canaveral Storm water Utility Stormdrain Labeling Instructions 1. Check map for best routes for stormdrain marking. 2. At Stormdrain, generally clean the stormdrain area putting debris in trash bag—this includes leaves, grass clippings, dirt Et trash. 3. Roughen up the concrete with metal wire brush where marker will be applied—clean dust Et debris with dustpan /broom. 4. Wearing gloves during application can keep hands and clothes from getting messy. Avoid breathing adhesive or getting on skin. 5. Put adhesive on back of marker in ring-like pattern — see photo. Make sure to put bead of adhesive around the perimeter of marker to keep from having any space between marker and pavement. b. Gently place marker in desired location being careful not to smear adhesive on stormdrain label or pavement. 7. Gently press down on marker to spread adhesive. 8. Admire your work and then move on to next storm drain. Storm drain marker program under way In theory, only rainwater is supposed to flow from storm drains to the Indian River Lagoon. In reality, storm water carries lawn clippings, yard waste and a motley assort- ment of discarded trash to the lagoon and other waterways. The City of Cape Canaveral is among 15 cities to join Brevard County and the St. Johns River Water Management District's Indian River Lagoon program in an effort to heighten the public's awareness about the effects of storm water pollution on the 156 -mite -long waterway. Colorful urethane markers are being installed at thousands of storm water inlets throughout the County to remind folks that everything flowing down the gutter — be it storm water or garbage — eventually reaches the lagoon. Some cities are relying on legions of volunteers to install the markers; other cities are using Public Works crews to complete the task. Cape Canaveral is using volunteers to attach the markers to storm drains. The blue and yellow markers feature a snook encircled by dual messages, "Flows to lagoon. Keep curbs clean." "The majority of Brevard County's storm drains flow into the lagoon," says Marguerita Engel, a District intergovernmental coordinator involved in the pro- ject. "A great number of people don't think about where storm water goes. These markers may prompt them to consider how their actions directly affect the lagoon. " The City of Cape Canaveral has contributed $875.60 toward the project, with Brevard County and all 15 cities collectively chipping in about $14,000. The In- dian River Lagoon license plate program provided a matching grant. -. � � �� � � Q' i