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HomeMy WebLinkAboutAgenda Packet 06-02-1998City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 2, 1998 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEW: Jean Simoes, Beautification Board CONSIDERATIONS: 1. Motion to Approve: Regular City Council Meeting Minutes of May 5, 1998 2. Motion to Approve: Bid No. 98-06, 250 Wax Myrtle Trees in the amount of $7,250 to Silver Leaf Gardens for Manatee Park. 3. Motion to Approve: Beach Sand Fencing and Vegetation Project 4. Motion to Approve: RFP No. 98-07, StaffRanking of Engineering Inspection Services for Reuse Project Phases II and III 5. Motion to Approve: Authorize Staff to Prepare a Special Assessment Pursuant to F.S. 170 for the Commerce Street Construction Project 6. Motion to Approve: Cost Sharing Grant Agreement with St. Johns River Water Management District,Phase II Reuse 7. Motion to Approve: Cost Sharing Grant Agreement with St. Johns River Water Management District,Phase III Reuse \\cape-nt\cityclerk\cityclk\agenda\regular\1998\06-02-98.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407)868-1200 • FAX(407) 799-3170 City Council Regular Meeting Agenda June 2, 1998 Page 2 RESOLUTIONS: 8. Motion to Approve: Resolution No. 98-13, Appointing One Regular Member to the Code Enforcement Board, term to expire October 1, 2001 (Jeffrey Ratliffe) A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Approve: Resolution No. 98-14, Appointing One Regular Member to the Community Appearance Board, term to expire May 1, 2000 (Alice Nielsen) A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS ORDINANCE—FIRST READING 10. Motion to Approve: Ordinance No. 19-98, Amending or Adding the Definitions for Existing Grade, Finish Grade, Height of Building, and Fences AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CODE SECTION 110-1,DEFINITIONS.BY AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE,FINISH GRADE,HEIGHT OF BUILDING,AND FENCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. 11. Motion to Approve: Ordinance No. 20-98, Special Exceptions Permissible by Board of Adjustment AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 110-334, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE DELETION OF RESIDENTIAL CONSTRUCTION IN THE C-1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 12. Elections Referendum: Amendment to the Charter, Article III Sec.4 Vacancies in elected office (Resign to Run Law) \\CAPE-NT\cityclerk\CityClk\AGENDA\REGULAR\1998\06-02-98.doc City Council Regular Meeting Agenda June 2, 1998 Page 3 13. Ordinance No. 14-98, Relative to Tree Point Values AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 14. Review the proposed amendments to the Library Lease Agreement with Brevard County. REPORTS: 15. City Manager's Report 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015,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. \\CAPE-NT\cityclerk\CityClk\AGENDA\REGULAR\1998\06-02-98.doc PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Jean Simones Home Telephone: 783-5246 Home Address: 603 Shorewood Drive, #305 Business: CRHS Business Telephone: 407-0649-9111 EXT.-1898 Office Address: Orlando Brief Description of Education and Experience: RN, Master's prepared Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister,uncle, aunt, first cousin, nephew, niece, husband, wife,grandparent, grandchild, father-in-law, mother-in- law,son-in-law,daughter-in-law,brother-in-law,sister-in-law,stepfather,stepmother,stepson,stepdaughter,stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) X Beautification Board Construction Board of Adjustment & Appeals* Board of Adjustment* Library Board Code Enforcement Board* Planning and Zoning Board* Commercial Development Board Recreation Board Community Appearance Board* *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No Applicant's signature: Date: PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 5, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Torry Hernandez Mayor Pro Tem Buzz Petsos Council Members Absent Joy Salamone Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski PRESENTATION: Anne McElroy, Special City Employee Mayor Pro Tem Petsos and City Clerk, Sandra Sims presented Ms. McElroy a key to the City and commended her for her outstanding performance as a School Crossing Guard. CONSIDERATIONS: 1. (Tape 1,77) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Outdoor Entertainment Permit for the July 1, 1998 Wednesday-Friendsday at the Cape Canaveral Library. The motion passed 3-0,with voting as follows:Mr.Bruns,For;Mr. Hernandez,For, and Mayor Pro Tem Petsos,For. 2. (Tape 1, 13 1) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Reclaimed Water Project Phases H&III Bid Award in the amount of$498,005 to Dial Communications.Funds are to be appropriated from sewer impact fees, less any grant funding. The motion passed 3-0,with voting as follows: Mr. Bruns,For;Mr. Hernandez,For; and Mayor Pro Tem Petsos,For. \\cape-nt\cityclerk\cityclk\ty\minutes\regular\1998\05-05-98.doc City Council Regular Meeting Minutes May 5, 1998 Page 2 3. (Tape 1, 1146) A motion was made by Mr.Bruns and seconded by Mr. Hernandez to approve the Oak Lane project in the amount of $9,357 as follows: 75 feet, Oak Lane roadwork: $ 6,056 General Fund/Street Repair Account 264 feet of sidewalk: $1,476 Capital Project Fund Landscaping: $1,825 Beautification Fund This project is to provide improved safety for vehicle and pedestrian traffic. Beautification is a bi-product of landscaping the area and an important facet of the city's mission. Officer Perry commented that the improvements will help deter transients from harboring in the treed area. The motion passed 3-0,with voting as follows: Mr.Bruns,For;Mr. Hernandez,For; and Mayor Pro Tem Petsos,For. RESOLUTION: 4. (Tape 1,2036)Mayor Pro Tem Petsos read Resolution No. 98-11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 98-11 inserting the name Leo Nicholas, for term to expire on September 15, 1999. The motion passed 3-0, with voting as follows: Mr. Bruns,For;Mr. Hernandez, For; and Mayor Pro Tem Petsos, For. ORDINANCE—FIRST READING 5. (Tape 1, 3121-Tape 2)Mayor Pro Tem Petsos read Ordinance No. 17-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 34,ENVIRONMENT, SECTION 34-97,DUTIES AND RESPONSIBILITIES FOR MAINTENANCE,BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND FENCING OF DUMPSTER AREAS;ADOPTING DIMENSIONS FOR ENCLOSURES AS APPENDIX A;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Ordinance No. 17-98 for second reading. There was no public comment. The motion passed 3-0,with voting as follows:Mr. Bruns,For;Mr. Hernandez,For;and Mayor Pro Tem Petsos,For. ORDINANCE—SECOND READING 6. (Tape 2, 123) Mayor Pro Tem Petsos read Ordinance No. 16-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHPATER 110, DIVISION 8, SWIMMING POOLS, SECTION 110-581 CONSTRUCTION AND LOCATION, SECTION 110-582 ENCLOSURE, AND SECTION \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-05-98.doc City Council Regular Meeting Minutes May 5, 1998 Page 3 110-584 MINIMUM SETBACKS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 16-98. There was no public comment. The ordinance was adopted with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Pro Tem Petsos, For. DISCUSSION: 7. (Tape 1, 348) Commerce Street Mr. Boucher reported that Mr. Kruzek was unable to make contact with the appropriate representatives from the U.S. Post Office. He is attempting to establish an agreement on how to spend the $40,000 appropriated by the Postal Service for Commerce Street reconstruction. He explained that they are trying to make a good faith effort because they realize they are 90-percent of the problem. Mr. Boucher will report back to Council. REPORTS: City Manager—Bennett Boucher • Mr. Boucher reported that the county has a committee that requires a representative from each contributing entity regarding jail impact fees. Council concurred that the City Manager should be the City's representative. • Mr. Boucher reported that the City has received a letter from the Canaveral Port Authority confirming that the signs on A1A are being modified in accordance with the City's request. • Mr. Boucher reported that Council needs to schedule a Goals Workshop Meeting. Council concurred that the City Clerk shall email each Council Member with two or three proposed dates. • Mr. Boucher stated that the City Attorney is starting the proposed sign ordinance and suggested that community forums be held before introducing the ordinance for adoption. Council concurred. • Mr. Boucher reported that he and Mayor Randels attended a Mayors' and City Managers meeting hosted by the City of Titusville's. The meetings will continue for the purpose of working on legislative and cooperative purchasing issues. Audience Leo Nicholas • Mr. Nicholas, resident and Planning&Zoning Member, queried Major McGee regarding the alleged drive by shooting in the city.He expressed concern that it may be drug related.Major McGee stated that the shooting was not a drive by;it was the result of a previous dispute over a female. The person has been identified and has a criminal history. \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-05-98.doc City Council Regular Meeting Minutes May 5, 1998 Page 4 Jean Simoes • Ms. Simoes, new resident, Shorewood, queried how she could get the name of State Legislators. City Clerk, Sandra Sims, responded that she would provide the information. • Ms. Simoes expressed concern that the unoccupied house north of Shorewood would attract transients to the area. Code Enforcement will investigate. Beatrice McNeeley • Ms. McNeeley, resident and Planning &Zoning Chair, queried about the status of the Tree Points Ordinance. City Manager, Bennett Boucher, responded that it will be on a future agenda. City Clerk—Sandra Sims • Ms. Sims reported that she will provide a written report regarding Elections and Vacancies created by the Resign to Run Law as instructed by Council for a future agenda in preparation for a possible referendum. City Attorney—Kohn Bennett No report Canaveral Precinct Of icer—Ernie Perry • Officer Perry reported on the Community Policing Activities.He related that they have been very busy interacting with the community in events such as: • Trash Pickup • Ocean Potion Suncare—donations to Fire and Police • Bulletin Board at the Library • Ghost Out at Cocoa Beach High School • Joint venture to provide Space Camp Scholarships for two sixth grade students at Cape View • Bike Rodeo • They are seeking more grants to facilitate further activities Council Member—Burt Bruns • Mr. Bruns queried about the status of City Hall's new telephone system. Mr. Boucher responded that it will be discussed in the Goal Setting Workshop. Council Member—Tony Hernandez • Mr. Hernandez reminded Council of the art unveiling scheduled for tomorrow, May 6, 1998. Mayor Pro Tem—Buzz Petsos \\CAPE-NTcityclerk\CityClk\MINUTES\REGULAR\1998\05-05-98.doc City Council Regular Meeting Minutes May 5, 1998 Page 5 • Mr.Petsos queried about the status of sand fencing.He related that he has the contact telephone number for a provider and that Keep Brevard Beautiful has a grant for sea oats. • Mr. Petsos stated that the signs proposed to be erected in the City by the Port is another example of issues that could be avoided by establishing occasional joint meetings with the Port Authority. • Mr. Petsos queried about the status of recycling revenue. Mr. Boucher stated that this issue will also be addressed in the Goals Workshop. • Mr. Petsos suggested that the ad hoc Police Study Committee should be re-activated. Council concurred. There being no further business, the meeting adjourned at 8:35 p.m. Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-05-98.doc Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD BID NO. 98-06 TO SILVER LEAF GARDENS FOR 250 WAX MYRTLE TREES DEPT./DIVISION: BEAUTIFICATION/PUBLIC WORKS Requested Action: That the City Council consider the award of Bid No. 98-06 as recommended by the public works director. Summary Explanation & Background: The purchase of the 250 Wax Myrtle Trees is part of the Manatee Park Development schedule to provide a landscaping screen around this park area. $2,500 is budgeted from the Beautification Fund. I recommend approval. This will be a volunteer project. Exhibits Attached: Public works director's memo of 05-22-98 City Manager's Office Bennett C. Boucher Department BEAUTIFICATION/PUBLIC WORKS g:/admin/council/meeting/1998/06-02-98/98-06.doc M E M O R A N D U M DATE: May 22, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: City Council Agenda Item for June 2, 1998 Bid Award no. 98-06, Purchase of Wax Myrtle trees The City of Cape Canaveral published a request for bids for the purchase of Wax Myrtle trees. These trees are part of the Manatee Sanctuary Park project and was budget for this fiscal year. In addition, a portion of these trees will be utilize for the Long Point Park Project. The City received a total of three bidders on Monday, May 11, at 2 :00 p.m. Attached is a copy of the results of the bid opening. The low bidder is Silver Leaf Gardens for the amount of $7,250. The unit cost of each tree is $29.00. A site inspection of the trees was make by Kay McKee on May 21 . She reported that the sample tree looked good and met the bid specification of having the height of 4 to 5 feet with a spread of 3 to 4 feet. Recommend the approval of awarding bid no. 98-06 for the purchase of 250 Wax Myrtle trees in the amount of $7,250. Funding is available within the Beautification Fund. Attachment CC: File City of Cape Canaveral, Florida RESULTS OF BID OPENING DATE: 5/11/98 TIME: 3p PLACE: 111 Polk Av ITEM(S) FOR WHICH BIDS WERE RECEIVED: Trees- Manatee Sanctuary WAX Myrtles COMPANY CITY & STATE AMOUNT Concepts in Greenery, Inc. 8,750 163 Old Cheney Hwy $35 ea. Orlando, 32833 15 gal. Marion Gardens Tree Farm 21,250- 619 W. State Rd 50 $85 ea Groveland, FL 34736 30 gal. Silver Leaf Gardens $29.00= $7,250 520 S. Banana River # pot size unknown MI BID AWARDED TO: APPROVED BY: DATE: d:\citycl-"1\cityclk\bids\rsltfrm.doc REQUEST FOR PROPOSAL NO. 98 -06 MANATEE PARK TREES The City of Cape Canaveral requests proposals from qualified firms to obtain costs for 250 Myrica cerifera wax myrtle trees. Quantity Size Height Spread 250 15G 4'-5' 3-4' Proposals shall be accepted until 2:00 p.m. on Monday, May 11, 1998. A total of eight (8) copies of the proposal must be submitted and clearly marked RFP 98-06 on the lower left comer of the envelope and mailed or hand delivered to the City Clerk, City of Cape Canaveral, City Hall, 105 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920-0326. No bids shall be received after the time and date specified. All bids must be in compliance with the specifications as announced. The City reserves the right to withdraw this request for bid at any time to protect its.best interests. All interested parties are asked to contact the City Clerk's Office at (407) 868-1221 to request bid forms and specifications. All bids must be submitted on forms provided by the City. Bids must be enclosed, sealed and marked on the outside of the envelope with Bid No. 98-06 and the name of the item, and mailed or hand delivered to the Office of the City Clerk, Cape Canaveral City Hall, P. O. Box 326 (105 Polk Avenue), Cape Canaveral, FL 32920. Interested parties may obtain a detailed scope of services by contacting the City Clerk's Office at (407) 868-1221. Sandra O. Sims, CMC City Clerk City of Cape Canaveral, Florida CITY OF CAPE CANAVERAL 105 POLK AVENUE CAPE CANAVERAL, FL. 32920 SILVER LEAF GARDENS 520 S. BANANA RIVER DRIVE MERRITT ISLAND, FL. 32952 407 452-7850 FAX 407 452-7808 PROPOSAL SHEET FOR TREES FOR MANATEE PARK DATE; MAY 11, 1998 RE: 250 WAX MRYTLE TREES PRICE: $29.00 EACH SPECIFICATIONS: AS PER INSTRUCTIONS: TREES WILL BE FOUR FEET TALL OR TALLER AND BE MULTI-TRUNK WITH A THREE TO FOUR FOOT SPREAD. THIS IS THE PLANTED HEIGHT. POT SIZE= UNKNOWN TREES WILL BE DELIVERED, FIFTY AT A TIME, AS PER INSTRUCTION TO THE CITY OF CAPE CANAVERAL. WARRANTEE IS FOR THIRTY DAYS AFTER ACCEPTANCE OF TREES, WARRANTEE DOES NOT COVER ACTS OF NATURE SUCH AS HURRICANE,TORNADOES, FLOOD, FROST, HAIL STORMS; NOR WILL IRRIGATION-FAILURE OR SALT INTRUSION IN THE WATER SYSTEM BE COVERED IN THE WARRANTEE. PROPOSAL TREES For Manatee Park RFP NO. 98-06 Proposal of: Silver Leaf Gardens (Name) 520 S. Banana River Dr. Merritt Island, FL 32952 (Address) to provide the City of Cape Canaveral with "Trees for Manatee Park". The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Rozar Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. TOTAL COST: $ 7250.00 PROPOSAL TREES For Manatee Park RFP NO. 98-06 Proposal of: Marian Gardens Tree Farm (Name) 619 W. State Road 50, Groveland, FL 34736 (Address) to provide the City of Cape Canaveral with "Trees for Manatee Park". The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Rozar Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. TOTAL COST: 21 , 250. 00 * Price is for 30g trees .* We do not supply 15g trees . Height Spread Caliper 10 ' -12 4 ' 2" The undersigned also agrees as follows:. 1. The contract will be effective immediately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 120 days from Proposal due date. Dated this 30th day of April , 1998 Respectfully submitted, Marian Gardens (Company or corporation name) 619 W. S .R. 50 (Street address, P.O. Box) Groveland FI, 34736 (City, State, Zip code) By: (Signature, Title) DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS - In accordance with F.S. 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commod- ities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids .will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions hat will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in sub- section (1) . 4. In the statement specified in subsection (1) , notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is .available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to• maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Nicole A. Kisle VENDOR'S SIGNATURE SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(n), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement Is submitted to City of Cape Canaveral [print name of the public entity] by David Counihan Sales President [print Individual's name and title] for Marian Gardens Tree Farm [print name of entity submitting sworn statement] whose business address is 619 W. State Road 50 Groveland, FL 34736 and (if applicable) its Federal. Employer Identification Number (FEIN) is 59-2155223 (If the entity has no FEIN, include'thel.Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal Iaw by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convictal" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1939, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florldn Stntutcs, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crimes The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among person when not for fair market value under an arm's Iength agreement, shall be a prima facie case that one person controls another person. A person who knowingly caters into a joint venture with a person who has been convicted of a public cntity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 237.133(1)(c), Floridn Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who arc active in management of an entity. PROPOSAL TREES For Manatee Park RFP NO. 98-06 Proposal Of: CONCEPTS IN GREENERY, INC. (Name) 16366 OLD CHENEY HIGHWAY (Address) to provide the City of Cape Canaveral with "Trees for Manatee Park". The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Rozar Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. TOTAL COST: $8750.00 The undersigned also agrees as follows: 1. The contract will be effective immediately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 120 days from Proposal due date. Dated this 5 day of MAY , 1998 Respectfully submitted, CONCEPTS IN GREENERY, INC. (Company or corporation name) 16366 OLD CHENEY HIGHWAY (Street address, P.O. Box) ORLANDO, FLORIDA (City, State, Zip code) By: Geneva D. Henson (Signature Title) GENEVA D. HENSON CORPORATE SECRETARY Juley Wagner (Print, Type, or Stamp Commissioned Name-of Notary Public) Personally Known X OR Produced Identification Type of I.D. Produced Juley Wagner *My Commission CC870819 Expires August 10, 2001 CONCEPTS IN GREENERY INCORPORATED 16366 Old Cheney Highway, Orlando, Florida 32833 (407) 568-2000 - FAX (407) 568-0522 May 5,1998 Sandra Rozar Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral, Florida 32920 RE: TREES FOR MANATEE PARK- RFP NO. 98-06 Concepts In Greenery, Inc. proposes to supply the City of Cape Canaveral with 250- 15 gallon Wax Myrtles at $35.00 each, for the total sum of $8750.00 Plant sizes, quality and delivery schedule shall meet or exceed specifications outlined in RFP No. 98-06 Section II Manatee Park Tree Specifications. Thank You for the opportunity to provide a quote on this project. Respectfully Charley Brown Nursery Manger Florida Landscape Contractors, Nursery and Tree Farm Since 1979 SWORN STATEMENT-PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATU'r LI ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement Is submitted to CITY OF CAPE CANAVERAL [print name of the public entity] by GENEVA D.HENSON-CORPORATE SECRETARY [print Individual's name and title] for CONCEPTS IN GREENERY, INC. [Print name of entity submitting sworn statement] whose business address is 16366 OLD CHENEY, I+WY. ORLANDO, FL 32833 and (if applicable) its Federal Employer,Identification Number (FEIN) is 59-1944969 (If the cntity has no FEIN, include`thc Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime' as defined in Paragraph 237.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a pica of guilty or nolo contendere. 4. I understand that an "affilliatc" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crimc; or 2. An entity under tike control of any natural person who is active in the ttlanagcmcnt of tite entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who arc active in the management of an affiliate. The ownership by one person of shares constituting a controlling; interest in another person, or a pooling of cquipnicat or income among persons wlicn not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls anotlicr person. A person who knowiligly enters into a joint venture with a person who has been convicted of a public cntity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 237.133(1)(c), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public cntity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. DRUG—FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS - In accordance with F.S. 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commod- ities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids ,will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions hat will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in sub- section (1) . 4. In the statement specified in subsection (1) , notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is .available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE GENEVA D. HENSON-CORPORATE SECRETARY Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BEACH SAND FENCING AND VEGETATION PROJECTS DEPT./DIVISION: PUBLIC WORKS Requested Action: That the City Council authorize the scope and appropriate funds for this project. Summary Explanation & Background: The attached correspondence from Olsen & Associates states that we should coordinate this project with the port authority since they have the FDEP permit. Council also needs to determine the scope of this project. (1) Adams Avenue south to Johnson Avenue and (2) Washington Avenue north to Shorewood Condominiums. I would recommend that council appropriate $10,000 from contingency to fund this future volunteer project. Please advise. Exhibits Attached: Olsen letter of 05-08-98; Information on cost and construction detail City Manager's Office Bennett C. Boucher Department PUBLIC WORKS g:/admin/council/meeting/1998/06-02-98/fencing.doc MAY-08 98 14:04 FROM: OLSEN ASSOCIATES 904-384-7368 10:407 799 4980 PAGE: 01 OLSEN associates, inc. coastal engineering 4438 Herschel St. Jacksonville, FL 32210 904-387-6114 FAX-384-7368 facsimile TRANSMITTAL to. Ed Gardulski City of Cape Canaveral fax#: 407-799-4980 from: Kevin R Bodge re: Sand Fencing date: 8 May 98 page(s): one pages(s) total,including this cover sheet NOTES OR SPECIAL INSTRUCTIONS: The fencing orientation of which I was speaking looks like the figure at the right. . . . . . (Vegetation) (Examine south end of Jetty Park. ) / / / / / / / / / / / As I noted on the phone, though, please advise the -------------- North City that erection of any sand fencing on the beach Shore line must be approved by the Florida D.E.P. The existing permit for Ocean the sand bypass project (DBS-9AO316-BE) makes some allowance for fencing and dune-grass planting, but also requires approval Prior to its placement. That permit is held by the Canaveral Port Authority; so any work done under that permit should likewise be approved by the Port; or at minimum, the Pcrt should be made aware of same. (The environmental concern here is that sand fencing can adversely impact nesting marine turtles and new turtle hatchlings. . The turtles can get stuck in or behind them, or confused by their presence. ) Note also that the Brevard County beach restoration project may interfere with, or require removal of, the sand fence. That project is presently planned for a Nov 199 to April 100 construction. (At the same time, however, that project may not involve construction activity near the vegetation/fencing area -- assuming that sand from this year' s bypassing project is still hanging on. ) Contact Numbers : Florida D.E.P. - Field Agent: Chuck Brunty 407-543-6472/676-8091 Canaveral Port Authority - Mr. Richard Lombroia - 407-783-7831 cc: R. Lombroia Sand Fences Construction Cost Materials required to construct six 8 foot sections from one 50 foot roll of fence Quantities total cost Item Quantity unit price per 50' roll per 50' roll Fences 50' 1 $ 45.00 1 $ 45.00 2"X4"X8' 1 $ 2.35 6 $ 14.10 4"X 4"X 8' 2 $ 5.75 12 $ 69.00 other items such as nails $ 1.90 total $ 130.00 Each beach end may require six sections on each side The total cost for each beach end will be: $ 260.00 SEE DETAIL B 6 IN 6 FT GRAPHIC SCALE 0 5 10 FEET LANDWARD LIMIT OF BEACH FILL (BY OTHERS) SAND FENCE 4 FT 8ft >7 FT <-1 FT SALT TOLERANT VEGETATION NORTH EXISTING BEACH ACCESS (LOCATIONS VARY) TYPICAL WALK-THROUGH (NO VEGETATION OR FENCING) LANDWARD LIMIT OF VEGETATION 15 FT SEAWARD LIMIT OF VEGETATION DETAIL A TYPICAL VEGETATION AND SAND FENCE LANDWARD LIMIT OF FILL (APPROX. SAME AS LIMIT OF NORTH EXISTING VEGETATION) LANDWARD LIMIT OF PLANTED VEGETATION (TYP.) A B 6 INCHES (TYP) 18 INCHES (TYP.) SAND FENCE SEAWARD LIMIT OF VEGETATION (TYP.) VEGETATION SPRIG 18 INCHES O.C. (STAGGERED) DETAIL B PLANTING PLAN SPACING BETWEEN PICKETS SHALL BE NO GREATER THAN 2 3/8' 1/4" THICK X 1' TO 1/2" WIDE WOOD PICKETS SEE DETAIL D EACH OF THE FOUR LINES SHALL HAVE NOT LESS THEN 2 STRANDS 3 GAUGE GALVANIZED STEEL WIRE TWISTED TIGHTLY TOGETHER BETWEEN PICKETS FOR EACH LINE. ONE STRAND OF WIRE SHALL PASS ON FRONT SIDE OF AND ONE STRAND ON BACK SIDE OF PICKET IN ORDER TO BIND PICKETS TOGETHER 3-1/2 70 d' DIA.* POST SHALL BE HEART CYPRESS OR P.T. 0.4 (MIN.) CCA SOUTHERN YELLOW PINE POST BEACH FILL GRADE TOP OF BEACH FILL ELEV. 10.0 FT. NGVD WOOD PICKETS SHALL BE EITHER SPRUCE, SOUTHERN YELLOW PINE. OR HEART CYPRESS. DETAIL C SAND FENCE DETAIL N.T.S. 2X4 TOP RAIL TO BE HEART CYPRESS OR P.T. 04 (MIN.) CCA SOUTHERN YELLOW PINE TO BE INSTALLED BETWEEN EACH POST EXCEPT AT FENCE OPENINGS 3-1/2' TO 4' DIA FENCE POST [ALT- 4 X 4) STAPLE EVERY FIFTH PICKET STAPLES SHALL BE 1-1/4- X 1/2' GALVANIZED NO 9 WIRE CUT POINT. 2X4 TOP RAIL NAILED TO TOP OF FOST WITH HDG NAILS STAPLES SHALL BE 1-1/4' X 1/2' GALVANIZED NO 9 WIRE CUT POINT 2X4 TOP RAIL NAILED TO TOP OF POST WITH HDG NAILS DETAIL D BRACE AND PICKET ATTACHMENT DETAIL N.T.S. Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STAFF RANKING OF ENGINEERING INSPECTION SERVICES FOR REUSE PROJECT PHASES II AND III DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: Tha the City Council consider approval of the ranking of engineering inspection services as recommended by staff. Summary Explanation & Background: Once the ranking is approved by City Council, staff will negotiate a contract with the top ranked firm for council's consideration for the 06-16-98 meeting. I recommend approval of the proposed ranking. Exhibits Attached: Public works director's memo of 05-12-98 City Manager's Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS g:/admin/council/meeting/1998/06-02-98/engineering.doc M E M O R A N D U M DATE: May 21, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director RE: Ranking of Inspection Service RFP no. 98-07 The City of Cape Canaveral advertised for EngineerRcnglaimed Inspection Services for phase II and III of the City's Reclaimed Water Construction project. RFP no 98-07 was published in the Orlando Sentinel, Brevard Extra once on Tuesday, May 5, 1998. A copy of this advertisement was forwarded to four (4) Engineering firms. Proposals were accepted until 3:00 on May 12. On this date the City received three (3) proposals. The following is an alphabetized listing of Engineering proposals received: A. Hartman & Associates B. Quentin L. Hampton & Associates C. Stottler Stagg & Associates On May 26, 1998 at 1.00 p.m. , the Selection Committee reviewed the proposals at an open meeting held at the City Hall Annex. The specific criterion used for ranking firms was outlined in the RFP 98-07 . Section III stated 'The consultant performing these services should have a strong history of municipal reclaimed water distribution system construction with services, directional boring operation and pipeline installation. The following is the ranking agreed upon by all three committee members: 1. Quentin L. Hampton & Associates 2 . Hartman & Associates 3 . Stottler Stagg & Associates The firm selected as number one was Quentin L. Hampton & Associates. This firm has performed construction inspection and contract administration services within Brevard County for more than 25 years. Also, they have performed extensive work in Cities located in Volusia and Pinellas County. They have extensive experience with the installation of potable and reclaimed services throughout established municipal neighborhoods. The following are example of reclaimed water projects completed: The City of Cocoa Beach - Project consisted of 55,000 linear feet of distribution piping and 1, 200 reclaimed water service connections throughout the City. Reference: Chuck Billias, Public Works Dir. 868-3220. The City of Largo - Project consisted of 60,000 linear feet of distributions transmission lines and providing 1, 000 reclaimed water service connections. Reference: Chris Kubala Public Works Director ( 813) 587-6700 The City of Port Orange - Project consisted of tasks over a five year contract period for inspection services which entailed the installation of reclaimed water services within established neighborhoods. Reference: Randell Stevens Public Utilities Director (904 ) 756-5378. In addition, Q.L. Hampton & Associates is currently performing inspection service of direction boring for the City of Port Orange. The contractor of this project is Dial Communication. Dial Communication is the same contractor the City of Cape Canaveral has awarded the bid for the installation of the City' s Phase II and III reclaimed water system. Overall, Quentin L. Hampton & Associates is the most qualified to perform the inspection services for the City. Attached is a copy of references supplied by Quentin L. Hampton Associates, Inc. Recommend Council to approve the Staff ' s ranking of the Engineering firms and allow City Staff to negotiate a contract for Engineering Inspection Services. Attachments CC: Sandra Sims, City Clerk Walter Bandish, File C. References Quentin L. Hampton Associates, Inc. • City of Port Orange, Florida Contact: Kenneth W. Parker Title: City Manager Telephone: (904) 756-5203 Address: 1000 City Center Circle Port Orange, Florida 32119 • City of DeLand, Florida Contact: Keith D. Riger, P.E. Title: Public Services Director Telephone: (904) 736-3900 Address: Post Office Box 449 DeLand, FL 32721 • City of Largo, Florida Contact: Chris Kubala Title: Public Works Director Telephone: (813) 587-6741 Address: Post Office Box 296 Largo, FL 34649-0296 • City of Cocoa Beach, Florida Contact: Chuck Billias Title: Director of Utilities Telephone: (407) 868-3333 Address: Post Office Box 320280 Cocoa Beach, FL 32932-0280 • City of Holly Hill Contact: Milton Hallman Title: Public Works Director Telephone: (904) 947-4120 Address: 1065 Ridgewood Avenue Holly Hill, Florida 32117 C:\My Documents\PROPOSAL\Cape Canaveral.wpd Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STAFF RANKING OF ENGINEERING INSPECTION SERVICES FOR REUSE PROJECT PHASES II AND III DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider the approval of the ranking of engineering inspection services as recommended by staff. Summary Explanation & Background: Once the ranking is approved by City Council, staff will negotiate a contract with the top ranked firm for council's consideration for the 06-16-98 meeting. I recommend approval of the proposed ranking. Exhibits Attached: Public works director's memo of 05-12-98 City Manager's Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS g:/admin/council/meeting/1998/06-02-98/engineering.doc M E M O R A N D U M DATE: May 21, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director RE: Ranking of Inspection Service RFP no. 98-07 The City of Cape Canaveral advertised for Engineering Inspection Services for phase II and III of the City's Reclaimed Water Construction project. RFP no 98-07 was published in the Orlando Sentinel, Brevard Extra once on Tuesday, May 5, 1998. A copy of this advertisement was forwarded to four (4) Engineering firms. Proposals were accepted until 3:00 on May 12. On this date the City received three (3) proposals. The following is an alphabetized listing of Engineering proposals received: A. Hartman & Associates B. Quentin L. Hampton & Associates C. Stottler Stagg & Associates On May 26, 1998 at 1:00 p.m., the Selection Committee reviewed the proposals at an open meeting held at the City Hall Annex. The specific criterion used for ranking firms was outlined in the RFP 98-07. Section III stated 'The consultant performing these services should have a strong history of municipal reclaimed water distribution system construction with services, directional boring operation and pipeline installation.' The following is the ranking agreed upon by all three committee members: 1. Quentin L. Hampton & Associates 2. Hartman & Associates 3. Stottler Stagg & Associates The firm selected as number one was Quentin L. Hampton & Associates. This firm has performed construction inspection and contract administration services within Brevard County for more than 25 years. Also, they have performed extensive work in Cities located in Volusia and Pinellas County. They have extensive experience with the installation of potable and reclaimed services throughout established municipal neighborhoods. The following are example of reclaimed water projects completed: The City of Cocoa Beach - Project consisted of 55,000 linear feet of distribution piping and 1,200 reclaimed water service connections throughout the City. Reference: Chuck Billias, Public Works Dir. 868-3220. The City of Largo - Project consisted of 60,000 linear feet of distributions transmission lines and providing 1,000 reclaimed water service connections. Reference: Chris Kubala Public Works Director (813) 587-6700 The City of Port Orange - Project consisted of tasks over a five year contract period for inspection services which entailed the installation of reclaimed water services within established neighborhoods. Reference: Randell Stevens Public Utilities Director (904) 756-5378. In addition, Q.L. Hampton & Associates is currently performing inspection service of direction boring for the City of Port Orange. The contractor of this project is Dial Communication. Dial Communication is the same contractor the City of Cape Canaveral has awarded the bid for the installation of the City's Phase II and III reclaimed water system. Overall, Quentin L. Hampton & Associates is the most qualified to perform the inspection services for the City. Attached is a copy of references supplied by Quentin L. Hampton Associates, Inc. Recommend Council to approve the Staff's ranking of the Engineering firms and allow City Staff to negotiate a contract for Engineering Inspection Services. Attachments CC: Sandra Sims, City Clerk Walter Bandish, File C. References Quentin L. Hampton Associates, Inc. • City of Port Orange, Florida Contact: Kenneth W. Parker Title: City Manager Telephone: (904) 756-5203 Address: 1000 City Center Circle Port Orange, Florida 32119 • City of DeLand, Florida Contact: Keith D. Riger, P.E. Title: Public Services Director Telephone: (904) 736-3900 Address: Post Office Box 449 DeLand, FL 32721 • City of Largo, Florida Contact: Chris Kubala Title: Public Works Director Telephone: (813) 587-6741 Address: Post Office Box 296 Largo, FL 34649-0296 • City of Cocoa Beach, Florida Contact: Chuck Billias Title: Director of Utilities Telephone: (407) 868-3333 Address: Post Office Box 320280 Cocoa Beach, FL 32932-0280 • City of Holly Hill Contact: Milton Hallman Title: Public Works Director Telephone: (904) 947-4120 Address: 1065 Ridgewood Avenue Holly Hill, Florida 32117 Milton Hallman Public Works Director (904) 947-4120 1065 Ridgewood Avenue Holly Hill, Florida 32117 C:\My Documents\PROPOSAL\Cape Canaveral.wpd CITY OF CAPE CANAVERAL REQUEST FOR PROPOSAL NO. 98-07 ENGINEERING INSPECTION SERVICES The City of Cape Canaveral, Florida hereby gives notice that it will accept written proposals from qualified and properly licensed firms or individuals interested in providing the technical assistance of a Resident Project Representative for the City's Reclaimed Water System Improvements Construction. The City Council will select the successful firm or individual on the basis of the Selection Committee recommendations. A short-list of the most qualified firms will be selected by a Selection Committee and forwarded to City Council. Presentations are not required. A fee for service will be negotiated by the Selection Committee. Selection will be made in accordance with Florida Statutes, Section 287.055, Consultants Competitive Negotiations Act. Proposals shall be accepted until 3:00 p.m. on May 12, 1998. A total of ten (10) copies of the proposal must be submitted and clearly marked with RFP No. 98-07, on the lower left hand corner of the front of the envelope and mailed or hand delivered to the City Clerk, City of Cape Canaveral, City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920. Interested parties may obtain a detailed scope of services by contacting the City Clerk's Office at (407) 868-1221. Sandra Rozar Sims, CMC City Clerk To be published: once, Tuesday, May 5, 1998 Orlando Sentinel, Brevard Extra Section I Work Statement The City of Cape Canaveral is seeking proposals for technical assistance from qualified Civil Engineering firms for the purpose of conducting construction inspection of a reclaimed water distribution system installation along with residential and commercial connections. The services required include, but are not limited to Construction Administration and resident services during construction. Section II Scope of Service The Consultant shall provide pre -construction conferences, consult with and advise the City regarding construction contract administration, observe the construction progress and quality, prepare change orders required for minor modification corrections, review shop drawings and other submittals, provide a residential project representative with extensive onsite observation of work in progress and material and equipment field checks. Section III Specific Criteria The consultant performing these services should have a strong history of municipal reclaimed water distribution systems construction with services, directional boring operation and pipeline installation. Section IV Other Requirements A. Ten (10) copies of each proposal must be submitted by Tuesday, May 12, 1998, 3:00 p.m. B. Proposals shall be addressed to: City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 C. Proposals shall include the items listed below: 1. Resume of management and technical staff to be committed to project. 2. Copies of SF254 and SF255. 3. Qualifications and history of the firm to perform the work. 4. A list of at least (3) three similar projects completed with a brief project summary, company's name, address, and contact persona and telephone number. D. Selection Committee may include the following: 1. City Manager Bennett Boucher 2. Public Works Director Ed Gardulski 3. Water Reclamation Superintendent Walter Bandish E. The Selection Committee will review proposals received. There will be no presentations by firms. F. Inquiries concerning this proposal should be directed to Ed Gardulski, Public Works Director, 407-868-1240. Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AUTHORIZE STAFF TO PREPARE THE SPECIAL ASSESSMENT FOR THE COMMERCE STREET CONSTRUCTION PROJECT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council authorize staff to prepare a special assessment pursuant to Florida Statues Chapter 170 for "The Commerce Street Construction Project". Summary Explanation & Background: Mr. William Kuczek advised me that the postal representative he spoke with regarding the various options concerning Commerce Street, has opted for the special assessment method. Therefore, because there are no other viable alternatives, the city should take title to this roadway and proceed with the special assessment process. The public works director obtained a quote of $92,095 to complete this project as designed by SSA. A copy of the last road construction assessment in 1985 is provided as case history for the city doing these types of assessments. Please advise. Exhibits Attached: Copy of Chandler Street Assessment City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/councii/meeting/1998/06-02-98/commerce.doc MICROFILMED AUG 87 CITY OF CAPE CANAVERAL ASSESSMENT ROLL - CONSTRUCTION OF CHANDLER STREET TWP. 24, RGE. 37, SEC. 14 SUB. 77 Total *Annual Total Front Assessment Installments Tract Owner Footage Fee (Plus Int) 10 Leon M. Newman 350 Taylor Ave. Cape Canaveral, FL 32920 721.94 46,008.65 15,362.88 11 William Bennix P.O. Box 927 Cape Canaveral, FL 32920 415.25 26,509.56 8,836.52 12.01 Innovative Development Corporation of Cocoa Beach c/o 5360 N. Atlantic Ave Cocoa Beach, FL 32931 325.00 20,748.00 6,916.00 *Three annual installments may be made, with interest being charged on the unpaid balance at a rate of 8%. Attachment to Resolution No. 85-31 Page 1 of 1 Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations item No. 6 Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COST SHARING GRANT AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council approve the $50,000 cost share grant with St. Johns River Water Management District for Phase II of the reuse project. Summary Explanation & Background: The term is from 06-10-98 to 06-09-99. This is a 50% matching grant. I recommend approval. Exhibits Attached: Grant Agreement City Manager' s Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS g"/admin/council/meeting/1998/06-02-98/sjrwmdphaseII.doc SENT BY:Xerox Te!ecopier 7021 ; 5-28-98 ; 8.10 32 407 799 4980; # 1 Post-it Fax Note 7671 Date 5/28 # of pages 16 To Ed Garololski From D. Hancock Co./Dept. Cape Canaveral Co. SJRWMD Phone # Phone # 904 329 4196 Fax # (407) 799-4980 Fax # 329-4508 BETWEEN THE ST. JOHNS RIVER I AND CITY OF CA PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract #98H259 RECIPIENT: City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920 DISTRICT CONTRIBUTION: $50,000 RECIPIENT CONTRIBUTION: $50,000 AGREEMENT PERIOD: June 10, 1998 through June 9, 1999 Purpose of Agreement: This cost share agreement is authorized by the St. Johns River Water Management District ("DISTRICT") from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. Scope of Project: RECIPIENT will commence work within fifteen (15) days aftex approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Altemative Water Supply Cost Share Program Contract Outline," and Exhibit "B", "Project Specifications," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for mailing of the AGREEMENT, RECIPIMENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper permits will not be considered in compliance with this AGREEMENT, and will not constitute as work performed under this AGREEMENT'. RECEPIENT acknowledges understanding that any work not properly permitted prior to implementation will not be approved for invoicing to the DISTRICT, and that RECIPIENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized construction. 3. Legislative Reauirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The RECIPIENT must provide 1 SENT BY:Xerox Telecopier 7021 ; 5-28-98 ; 8:11 ; 32" 407 799 4980; # 2 Contract #98H259 CITY OF CAPE CANAVERAL DISTRICT with written assurance of its continued qualification under these requirements with submittal of invoice or forfeit funding. Details concerning these requirements appear in Subsections 373.1961(2)(b) and (c), F.S. 4. Status Report: RECIPIENT shall submit a brief final project report summarizing the project to DiSTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. 5. Records: RECIPIENT shall maintain its books and records in such a manner that the rweiptg and expenditures of the cost shwe funds will be shown separately from other expenditures in an easily checked form. RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the Agreement period. In accordance with generally accepted govemmental auditing standards, DISTRICT shall have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this Agreement. 6. Liability and urance: Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties A rther agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Plorida beyond the waiver provided for in Section 768.28, Fla. Stat. Each party shall acquire and maintain throughout the term of this Agreement such liability and automobile insurance as required by their current rules and regulations. 7. Pavment of Funds: Approved funds shall be paid to RECIPIENT by DISTRICT in one (1) payment following completion of project. Payment will be made following submission and approval of final invoice, including proper documentation, from RECIPIENT and verification of satisfactory completion of project by DISTRICT's Project Manager, Dor Brandes. Invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project complying with local and state building requim=nts, including verification of permits noeded. Once all required documentation is received, and determined to be complete and correct, by DISTRICT Project Manager and the Division of Financial Managernent, the DISTRICT will remit an amount not to exceed $50,000 (50% reimbursement of identifiable costs) to RECIPIENT within thirty (30) days. The DISTRICT may, at its own discretion, make payment directly to contractors or vendors who have provided services or materials for construction of the project Any inquiries shall be submitted to the Director, Office of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursments due and unpaid under this Agreement shall not bear interest. 2 SENT BY:Xerox Telecopier 7021 ; 5-28-98 ; 8:12 ; 32-+ 407 799 4980: # 3 Contract #98H259 CITY OF CAPE CANAVERAL 8. Repayment of Funds: Funds shall be subject to repayrnent by the RECIPIENT after expiration of the Agreement term if, upon a post -project audit examination, DISTRICT finds RECIPIENT has spent funds for purposes other than those specified in Exhibits "A" and "B". 9. Termination of Agreement . This Agreement may be fully or partially terminated upon ten (10) days written notice to RECIPIENT. 10, Non -lobbying: Pursuant to Section 216.347, Fla. Stat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 11. Governing Law: This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. This Agreement is entered into on , 1998, by the Executive Director of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka. Florida 32178-1429, and City of Cape Canaveral, whose address is Post Office Box 326, Cape Canaveral, Florida, 32920. ST. JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT By: Henry Dean, Executive Director Attest: By: Attest; Typed Name and Title Attest: Typed Name and Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Deputy General Counsel St. Johns River Water Management District (SEAL) 3 SENT BY:Xerox Telecopier 7021 : 5-28-98 : 8:12 ; 32-+ 407 799 4980: # 4 Contract #98H259 CITY OF CAPE CANAVERAL EXHIBIT A CITY OF CAPE CANAVERAL ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING 98032 I. BACKGROUND St. Johns River Water Management District (SJRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Brevard County in which the CITY OF CAPE CANAVERAL is located. SIRWMD has been working to rind alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes, SJRWMD makes Alternative Water Supply Matching Grant Program available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users; and other public and private water users. CITY OF CAPE CANAVERAL desires to construct an extension of it s public access reclaimed water distribution system to serve areas currently using private wells or potable water from the public water supply system for lawn and landscape irrigation. This project will provide approximately 177 million gallons per year of reclaimed water to take the place of ground water for irrigation. The project also will reduce effluent discharge to Banana River, a portion if the Indian River Lagoon system. II. OBJECTIVE The objective of this agreement is to provide for cost sharing with CITY OF CAPE CANAVERAL to partially finance the construction of reclaimed water transmission and distribution lines. This agreonunt specifics both the responsibilities of CITY OF CAPE CANAVERAL with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. III. RESPONSIBILITIES CITY OF CAPE CANAVERAL and SJRWMD, respectively, shall each be responsible for performing the following assigned tasks pertaining to the construction of the reclaimed water transmission and distribution lines as defined in Exhibit B. A. Responsibilities of City of Cape Canaveral CITY OF CAPE CANAVERAL. shall undertake to complete the following: 4 SENT BY:Xerox Telecopier 7021 5-28-98 ; 8:13 ; 32- 407 795 4980; # 5 Contract #98H259 CITY OF CAPE CANAVERAL 1. Complete construction of the reclaimed water transmission and distribution lines according to the specifications provided in Exhibit B and subsequent attachment. 2. Provide funds to pay at least 50 percent of the project construction costs from non- SJRWMD funds. 3. Submit an invoice with original receipts for the specified construction expenditures attached to the SJRWMD upon completion of construction. 4. Maintain compliance with all SJRWMD and other permitting regulations to which the project is subject. B. Responsibilities of the St. Johns River Water Management District SJRWMD shall provide the following support contributing to the completion of the project as defined in Exhibit B: 1. Inspect the project to verify that it as been constructed in accordance with the plans included in this contract within 30 days of written notification by the grant recipient that the project has been completed. 2. Reimburse CITY OF CAPE CANAVERAL up to 50% of the project's construction costs, not to exceed $50,000, upon: a. notification of project completion, b. receipt of an invoice from the grant recipient c. receipt of original receipts or other verification of payment to project contractors and supplier, and d. verification that the project has been constructed in accordance with the provided plans. 5 SENT BY:Xerox Te!ecopier 7021 ; 5-28-98 ; 8:13 : 32- 407 759 4980; # 6 Contract #98H259 CITY OF CAPE CANAVERAL EXHIBIT B CITY OF CAPE CANAVERAL ALTERNATIVE WATER SUPPLY SYSTEM COST SHARING PROJECT SPECIFICATIONS 98032 I. PROJECT SPECIFICATIONS The project shall consist of the installation of various sizes of 4" to 8" reclaimed water transmission lines, the installation of services to customers' property lines, and all necessary appurtenances to place the system in operation. The pipeline will follow the west side of Ridgewood Avenue and loop to connect to exiting lines. Detailed specifications for the project, the project schedule and the project budget, as provided by the applicant in its application, shall be considered to be put of this contract by reference thereto. II. PROJECT CONSTRUCTION AND COST SHARING PAYMENT SCHEDULE A. Construction of this project shall commence on or about June 10, 1998. No cost sharing payment shall be made by SJRWMD for any work or materials billed prior to that date. B. Construction of this project shall be completed and CITY OF CAPE CANAVERAL shall request payment from SJRWMD of cost sharing funds, no later than two months after completion of the project, but prior to end of contract period unless otherwise amended. Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Considerations Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COST SHARING GRANT AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT. /DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council approve the $50,000 cost share grant with St. Johns River Water Management District for Phase III of the reuse project. Summary Explanation & Background: The term is from 06-10-98 to 06-09-99. This is a 50% matching grant. I recommend approval. Exhibits Attached: Grant Agreement City Manager's Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS (g:/admin/council/meeting/1998/06-02-98/sjrwmdphaselII.doc SENT BY.Xerox Telecopier 7021 ; 5-28-98 ; 8:13 ; 32- 407 739 4980: # 7 BETWEEN THE ST. JOHN RIVER WATER MANAGEMENT DISTRICT AND CITY OF CAPE CANAVERAL PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract #98H260 RECIPIENT: City of Cape Canaveral P. 0. Box 326 Cape Canaveral, FL 32920 RECIPIENT ADMINISTRATOR: Bennett Boucher DISTRICT CONTRIBUTION: $50,000 RECIPIENT CONTRUTION: $50,000 AGREEMENT PERIOD: June 10, 1998 through June 9, 1999 Purpose of Agreement: This cost share agreement is authorized by the St. Johns River water Management District ("DISTRICT") from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. Scope of Project: RECIPIENT will commence work within fifteen (15) days after approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Alternative Water Supply Cost Share Program Contract Outline," and Exhibit "B", "Project Specifications," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for mailing of the AGREEMENT, RECIPIENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper permits will not be considered in compliance with this AGREEMENT, and will not constitute as work performed under this AGREEMENT. RECIPIENT acknowledges understanding that any work not properly permitted prior to implementation will not be approved for invoicing to the Dl`STRIGT, and that RECIPIENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized constriction. 3. Legislative Requirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The RECIPIENT must provide 1 SENT BY:Xerox Te'ecopier 7021 ; 5-28-98 8:14 : 32-* 407 799 4980; # 8 Contract #98H260 CITY OF CAPE CANAVERAL, DISTRICT with written assurance of its continued qualification under these requirements with submittal of invoice or forfeit funding. Details concerning these requirements appear in Subsections 373.1961(2)(b) and (c), F.S. 4. Status Report: RECIPIENT shall submit a brief final project report summarizing the project to DISTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. 5. Records: RECIPIENT shall maintain its books and records in such a manner that the receipts and expenditures of the cost share funds will be shown separately from other expenditures in an easily chocked form, RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the Agreement period, In accordance with generally accepted govemrnental auditing standards, DISTRICT shall have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this Agreement, 6. Liability and Insurance: Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof, The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla Stat. Each patty shall acquire and maintain throughout the term of this Agreement such liability and automobile insurance is required by their current rules and regulations. 7. Payment of Funds: Approved funds shall be paid to RECIPIENT by DISTRICT in one (1) payment following completion of project. Payment will be mace following submission and approval of final invoice, including proper documentation, From RECIPIENT and verification of satisfactory completion of project by DISTRICT's Project Manager, Don Brandes. Invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project complying with local and state building requirements, including verification of permits needed. Once all required documentation is received, and determined to be complete and correct, by DISTRICT Project Manager and the Division of financial Management, the DISTRICT will remit an amount not to exceed $50,000 (50% reimbursement of Identifiable costs) to RECIPIENT within thirty (30) days. The DISTRICT may, at its own discretion, make payment directly to contractors or vendors who have provided services or materials for oonstruction of the project. Any inquiries shall be submitted to the Director, Office of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursements due and unpaid under this Agreement shall not bear interest. 2 SENT BY:Xerox Teiecopier 7021 : 5-28-98 ; 8:15 ; 32-* 407 799 4980; # 9 Contract #98H260 CITY OF CAPE CANAVERAL 8. Repayment of Funds: Funds shall be subject to repayment by the RECIPIENT after expiration of the Agreement term if, upon a post-project audit examination, DISTRICT finds RECIPIENT has spent funds for purposes other than those specified in Exhibits "A"' and "B". 9. Termination of Agreement: This Agreement may be fully or partially terminated upon ton (10) days written notice to RECIPIENT. 10. Non -lobbying: Pursuant to Section 216.347, Fla. Stat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 11, Governing Law: This Agrxment shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to rxover from the other, reasonable trial and appellate attorney's fees and costs. This Agreement is entered into on ,1998, by the Executive Director of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and City of Cape Canaveral, whose address is Post Office Box 326, Cape Canaveral, Florida, 32920. ST. JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT By: Attest: Henry Doan, Executive Director By: Attest Typed Name and Title Typed Name and Title APPROVED BY THE OFFICE OF GENERAL - COUNSEL John W. Williams, Deputy General Counsel St. Johns River Water Management District 3 (SEAL) SENT BY:Xerox Telecopier 7021 ; 5-28-98 ; 8:15 ; 32-► 407 799 4980; # 10 Contract #98H260 CITY OF CAPE CANAVERAL EXHIBIT A CITY OF CAPE CANAVERAL ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING 98030 I. BACKGROUND St. Johns River Water Management District (SJRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Brevard County in which the CITY OF CAPE CANAVERAL is located. SJRWMD has been worldng to find alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes, SJRWMD makes Alternative Water Supply Matching Grant Program available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users, and other public and private water users. CITY OF CAPE CANAVERAL desires to construct an extension of it s public access reclaimed water distribution system to serve areas currently using private wells or potable water fmm the public water supply system for lawn and landscape irrigation. This project will provide 64.7 million gallons per year of reclaimed water to take the place of ground water for irrigation. The project also will reduce effluent discharge to Banana River, a portion if the Indian River Lagoon system. II. OBJECTIVE The objective of this agreement is to provide for cost sharing with CITY OF CAPE CANAVERAL to partially finance the construction of reclaimed water transmission and distribution lines. This agreement speafies both the responsibilities of CITY OF CAPE CANAVERAL with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. III. RESPONSIBILITIES CITY OF CAPE CANAVERAL and SJRWMD, respectively, shall each be responsible for performing the following assigned tasks pertaining to the construction of the reclaimed water transmission and distribution lines as defined in Exhibit B. A. Responsibilities of City of Cape Canaveral CITY OF CAPE CANAVERAL shall undertake to complete the following: 4 SENT BY:Xerox Telecopier 7021 ; 5-28-98 ; 8:16 ; 32-► 407 799 4980 ; # 11 Contract #98H260 CITY OF CAPE CANAVERAL 1. Complete construction of the reclaimed water transmission and distribution linea according to the specifications provided in Exhibit B and subsequent attachment. 2. Provide funds to pay at least 50 percent of the project construction costs from non-SJRWMD funds. 3. Submit an invoice with original receipts for the specified construction expenditures attached to the SJRWMD upon completion of construction. 4. Maintain compliance with all SJRWMD and other permitting regulations to which the project is subject. B. Responsibilities of the St. Johns River Water Management District SJRWMD shall provide the following support contributing to the completion of the project as defined in Exhibit B: 1. Inspect the project to verify that it as been constructed in accordance with the plans included in this contract within 30 days of written notification by the grant recipient that the project has been completed. 2. Reimburse CITY OF CAPE CANAVERAL up to 50% of the project's construction costs, not to exceed $50,000, upon: a. notification of project completion, b. receipt of an invoice from the grant recipient c. receipt of original receipts or other verification of payment to project contractors and supplier, and d. verification that the project has been constructed in accordance with the provided plans. 5 SENT BY:Xerox Telecopier 7021 ; 5-28-98 : 8:16 : 32- 407 799 4980; # 12 Contract #98H260 CITY OF CAPE CANAVERAL EXHIBIT B CITY OF PORT ORANGE ALTERNATIVE WATER SUPPLY SYSTEM COST SHARING PROJECT SPECIFICATIONS Exhibit B includes the engineering specifications for reclaimed water transmission and distribution lines to be constructed by CITY OF CAPE CANAVERAL„ a budget for the described project, and a schedule for completion of construction. I. PROJECT SPECIFICATIONS The project shall consist of the installation of various sizes of 4" to 8" reclaimed water transmission lines, the installation of services to customers' property lines, and all necessary appurtenances to place the system in operation. The pipeline will follow the west side of Ridgewood Avenue and loop to connect to exiting lines. Detailed specifications for the project, the project schedule and the project budget, as provided by the applicant in its application, shall be considered to be part of this contract by reference thereto. II. PROJECT CONSTRUCTION AND COST SHARING PAYMENT SCHEDULE A. Construction of this project shall commence on or about June 10, 1998. No cost sharing payment shall be made by SJRWMD for any work or materials billed prior to that date. B. Construction of this project shall be completed and CITY OF CAPE CANAVERAL shall request payment from SJRWMD of cost sharing funds, no later than two months after completion of the project, but prior to end of contract period unless otherwise amended. 6 Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Resolutions Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-13, APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Mr. Jeffrey Ratliff as a regular member of the Code Enforcement Board. Summary Explanation & Background: See attached resolution and application. Exhibits Attached: Resolution No. 98-13; Application City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/06-02-98/98-13.doc RESOLUTION NO. 98-13 A RESOLUTION APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT 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. 22-83 created a Board known as the Code Enforcement Board of the city of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jeffrey Ratliff is hereby appointed as a Regular Member of the Code Enforcement Board of the City of Cape Canaveral, Florida, in the Business Person designation, with a term to expire on October 1, 2001. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of June, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY D:\cityclerk\CityClk\ RES\BOARDS\APPOINT\CEB.DOC Code Enforcement Board Meeting Minutes May 21, 1998 Page 2 INTERVIEW OF PROSPECTIVE BOARD MEMBER: Jeffery A. Ratliff Mr. Ratliff explained that he had moved to Cape Canaveral one year ago and would like to volunteer some of his free time to the City. He advised that he works as an environmental consultant in Titusville. He noted that the > Beautification Board was his first choice he wished to serve and the Code > Enforcement Board was his second. Since there were no openings on the Beautification Board at this time, City Council had suggested he be interviewed by the Code Enforcement Board. Chairperson Russell introduced the Board members and welcomed Mr. Ratliff to the Board. COMPLIANCE HEARINGS: 1. Case No. 98-24, Jeffery Kellum, (8910 Coquina Lane), Section 14, Township 24 South, Range 37 East, Brevard County, Florida -Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cave Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 2. Case No. 98-31. Wade Miller. (8417 Rosalind Avenue). Section 14 Township 24 South, Range 37 East, Cape Canaveral Beach Gardens, Block B, Lot 13, Brevard County, Florida - Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 3. Case No. 98-34, Tony Greenwell, (8911 N. Atlantic Avenue, Lot #66), Section 14, Township 24 South, Range 37 East, Parcel 251.2, Brevard County, Florida - Violation of Section 110-469, Visibility at Intersections of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 4. Case No. 98-38, Brenda C. Hannafin (leasee), (350 Monroe Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 21, Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Resolutions Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-14, APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Mrs. Alice Nielsen as a regular member of the Community Appearance Board. Summary Explanation & Background: See attached resolution and application. Exhibits Attached: Resolution No. 98-14; Application City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/06-02-98/98-14.doc. RESOLUTION NO. 98-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE 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. 16-95 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint five regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Alice Nielsen is hereby appointed as an regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2000. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 2nd day of June, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\BOARDS\Appointments\Community Appearance.doc 98 0034-0424 DISTRIBUTION MAYOR X City Council X City Mgr. X City Atty. Pub. Works Dir. Building Off. X Finance Dir. CAB Board X To: City Council & Mayor Randels Subject: Resignation from Community Appearance Board & Library Board Effection: Immediately From: Richard Treverton Date: April 24, 1998 Dear Mayor & Council: It will deep regret that I must hereby tender my resignation from the subject boards. I have out of town business commitments on Mondays and Tuesdays that preclude my attendance of the board meetings. If I am released from my business activities I would appreciate the opportunity to serve the City again as a board member. Sincerely, [Signature-illegible/unread] Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Ordinances -1st Reading Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-98, AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDING, AND FENCES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the approval of Ordinance No. 19-98 at first reading. Summary Explanation & Background: The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report. I recommend approval. Exhibits Attached: Ordinance No. 19-98; Staff Report of 05-27-98 City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/council/meeting/1998/06-02-98/19-98.doc ORDINANCE NO. 19-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDINGS, AND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Section 110-1, Definitions, is hereby amended by adding the following definitions: Existing Grade shall mean the ground surface elevation prior to grading, or the addition of fill material. Finish Grade shall mean the final grade of the site, which conforms to the approved plan. SECTION 2. Section 110-1, Definitions, is hereby amended by deleting the definition of "Height of Building" and adopting the following in lieu thereof: Height of Building means the vertical distance from twelve inches (12") above the crown of the fronting road or finish grade at the building line, whichever is highest, to (I) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and gambrel roofs. Measurement must be in compliance with the one hundred (100) year flood level, as determined by the Federal Emergency Management Agency. SECTION 3. Section 110-1, Definitions, is hereby amended by deleting the definition of "Fence " and adopting the following in lieu thereof: Fence means a structure forming a physical barrier, which is constructed of wood or a similar lightweight building material. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. City of Cape Canaveral Ordinance No. 19-98 Page 2 SECTION 5. CONFLICTING PROVISIONS. Any ordinance or parts of an ordinance in conflict herewith is repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of ,1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: G:\CityCIk\Ordinances\EXISTING GRADE, HEIGHT OF BUILDINGS.doc City of Cape Canaveral STAFF REPORT May 27, 1998 TO: Bennett Boucher, City Manager FROM: Steven E. Bapp, Planning and Zoning Technician Re: P & Z Meeting, 5-13-98. A regular meeting of the Cape Canaveral Planning and Zoning Board was held on 5-13- -98. The Board recommended the following ordinances for approval: [ORD. 19-98] 1. Board recommended approval for a new definition of fence: Fence means a structure forming a physical barrier, which is constructed of wood, or a similar lightweight building material (Reason: Current definition does not allow for the stockade fence (most common type). This definition will also prevent a permanent, solid, block or concrete wall from being classified by a landowner as a fence.) [ORD. 20-98] 2. Board recommended the deletion of Sec 110-334 (10), use of R2/R3 in a C-1 Zoning District. Delete the following section from the Code of Ordinances: Single-family dwellings, two-family dwellings, townhouses and multiple family dwellings' provided, however, there shall not be more than 15 dwelling units per net residential acre. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. (Reason: This will eliminate'spot zoning' within C1 districts, and keep with the intent of the development of the A1A/Astronaut Blvd. Corridor.) 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX 1407) 799-3170 ORD 19-98 3. Board recommended approval of new definitions for Finish Grade, Existing Grade and for Height of Building. See attached sheets. (Reason: The Code of Ordinances, City of Cape Canaveral does not define these terms.) Cross-reference: The Southern Building Code Congress International (SBCCI) Standard excavation and Grading Code, SEC. 104, dated 1975. Enclosure Existing 110-1 definitions Proposed Ordinances Cc: Whitey Moran, CBO, City of Cape Canaveral File ZONING Family means a person or a group of persons related to. -each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. [Ord # 19-98] Fence means a structure forming a physical bar- rier which is so constructed that no less than 50 percent of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane. Fire district includes that territory or area con- sisting of: (1) Two or more adjoining blocks, exclusive of intervening streets, where at least 50 per- cent of the ground area is built upon and more than 50 percent of the built on area is devoted to group S occupancy or group H occupancy as defined in the Standard Building Code. (2) Where four contiguous blocks or more com- prise a fire district, there shall be a buffer zone, as determined by the fire marshal, of up to 200 feet around the perimeter of such district. Streets, rights-of-way and other open spaces not subject to building construc- tion may be included in the buffer zone. Floor area means the sum of the gross hori- zontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two at- tached buildings. The required minimum floor area within each district shall not apply to acces- sory uses. Garage, storage means a building or portion of a building thereof designed or used exclusively for the storage or parking of automobiles. Service other than storage at such storage garage shall be limited to lubrication, washing, waxing and pol- ishing. When used for such a purpose, such prop- erty may not be used in combination with any other use, with the exception of mini -storage. Guesthouse means living quarters within a de- tached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quar- ters having no kitchen facilities or separate utility § 110-1 meters and not rented or otherwise used as a sep- arate dwelling. Hedge means a row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. ORD # 19-98 Height of building means the vertical distance from 12 inches above the crown of the fronting road or natural grade at the building line, which- ever is highest, to (i) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the av- erage height between the eaves and ridge for gable, hip and gambrel roofs. Measurement must be in compliance with the 100 -year flood level, as determined by the Federal Emergency Manage- ment Agency. Home occupation means any occupation con- ducted entirely within a dwelling unit and car- ried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Hospital means a building or group of build- ings, having room facilities for one or more over- night patients, used for providing services for the inpatient medical or surgical care of sick or in- jured humans, and which may include related fa- cilities, such as laboratories, outpatient depart- ments training facilities, central service facilities and staff offices; provided, however, that such re- lated facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. Hotel means a building in which lodging is pro- vided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of 25 percent of the units per building. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per hotel. As used in this definition, the term "guestrooms" means those rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. CD 110:9 Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Ordinances - 1st Reading Item No. 11 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-98, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the approval of Ordinance No. 20-98 at first reading. Summary Explanation & Background: The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report and existing land use map. Please advise. Exhibits Attached: Staff report of 05-27-98; Ordinance No. 20-98; Existing Land Use Map City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/council/meeting/1998/06-02-98.doc ORDINANCE NO. 20-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-334, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE DELETION OF RESIDENTIAL CONSTRUCTION IN THE C-1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Subparagraph (10) of paragraph (c) of Section 110-334, Special Exceptions Permissible by Board of Adiustment, is hereby deleted in its entirety, and the following is adopted in lieu thereof (c)(10) (Reserved) SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or parts of an ordinance in conflict herewith is repealed. City of Cape Canaveral Ordinance No. 20-98 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of ,1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: G:\CityClk\Ordinances\Special Exceptions.doc City of Cape Canaveral STAFF REFORT May 27, 1998 TO: Bennett Boucher, City Manager FROM: Steven E. Bapp, Planning and Zoning Technician Re: P & Z Meeting, 5-13-98. A regular meeting of the Cape Canaveral Planning and Zoning Board was held on 5-13- 98. The Board recommended the following ordinances for approval: Board recommended approval for a new definition of fence: Fence means a structure forming a physical barrier, which is constructed of wood, or a similar lightweight building material (Reason: Current definition does not allow for the stockade fence (most common type). This definition will also prevent a permanent, solid, block or concrete wall from being classified by a landowner as a fence.) [ORD # 20-98] 2. Board recommended the deletion of Sec 110-334 (10), use of R2/R3 in a C-1 Zoning District. Delete the following section from the Code of Ordinances: Single-family dwellings, two family dwellings, townhouses and multiple family dwellings' provided, however, there shall not be more than 15 dwelling units per net residential acre. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the Gl district. (Reason: This will eliminate 'spot zoning' within C1 districts, and keep with the intent of the development of the A1A/Astronaut Blvd. Corridor.) 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 § 110-334 CAPE CANAVERAL CODE (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be con- sidered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recre- ational equipment and mobile home sales or rentals with accessory services, subject to the following: a. All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abut- ting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. c. All servicing and repair activities, ex- cept gasoline pumps shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than tem- porary storage not to exceed 30 days, and these vehicles shall be in an en- closed area and not be visible from out- side the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. (10) XXXXXXX (11) Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. (12) Public utility equipment; uses and rights- of-way essential to serve the neighborhood in which it is located. (13) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, un- less such uses fall within the scope and re- strictions of section 10-86 et seq. (14) Carwashes, including polishing, and sale of related materials. (Code 1981, § 637.51) Sec. 110-335. Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally per- mitted in this division. (2) Any use which fails to meet performance standards specifications as provided in sec- tion 110-466. (3) Bottle clubs. (Code 1981, § 637.53) Sec. 110.336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, hotels and motels, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. CD110:40 CITY OF CAPE CANAVERAL Zoning Map CITY OF CAPE CANAVERAL Exisitng Land Use Map Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Discussion item No. 13 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b), RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council discuss the type of tree grading to be included within the ordinance. Summary Explanation & Background: P&Z Board recommended approval of an amendment at their 02-11-98 meeting that would increase the required DBH size of a tree to be planted for new development from 2" DBH to 3" DBH for large 10 point trees and small trees from 1" DBH to 2"-3" DBH. Non-native palm trees were removed from this section. City Council asked staff to find a way to define the grade of tree that would be planted. There are (4) grades as follows: 1. Florida Fancy (best/highest grade) 2. Florida #1 3. Florida #2 4. Cull -(poor grade) Please advise staff as to which grades would be acceptable. Exhibits Attached: Ordinance No. 14-98; P&Z Minutes; Existing Code/Information on Tree Grades City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MGMT g:/admin/counciil/meeting/1998/06-02-98/14-98.doc Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Discussion Item No. 13 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b), RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council discuss the type of tree grading to be included within the ordinance. Summary Explanation & Background: P&Z Board recommended approval of an amendment at their 02-11-98 meeting that would increase the required DBH size of a tree to be planted for new development from 2" DBH to 3" DBH for large 10 point trees and small trees from 1" DBH to 2"-3" DBH. Non-native palm trees were removed from this section. City Council asked staff to find a way to define the grade of tree that would be planted. There are (4) grades as follows: 1. Florida Fancy (best/highest grade) 2. Florida #1 3. Florida #2 4. Cull -(poor grade) Please advise staff as to which grades would be acceptable. Exhibits Attached: Ordinance No. 14-98; P&Z Minutes; Existing Code/Information on Tree Grades City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MGMT g:/admin/counciil/meeting/1998/06-02-98/14-98.doc GRADING SHADE TREES INTRODUCTION Since most trees have a life expectancy of many years, it is important to plant good quality trees. The quality or grade of a tree at planting can have a large impact on longevity in the landscape. Tree quality is based on trunk, branch, crown, leaf and root characteristics. Large -maturing trees which are allowed to develop a double or multiple trunk should not be planted. These are sturdy when they are young but could become increasingly hazardous as they grow larger. Except for small -maturing trees normally grown with multiple trunks, such as crape -myrtle, buttonwood, Japanese ligustrum and others, nursery trees should have one trunk up through the center to the top of the tree. Live oak and some other trees can grow with a modified dominant leader as shown 1) *in Fig. 1 on page 10 (Florida Fancy). Branch diameter should not be larger than 2/3 the diameter of the trunk measured directly above the branch. There should be no flush cuts anywhere on the tree and no open injuries on the trunk or major branches. The crown should be full of foliage and show little, if anv, evidence of chlorosis, necrosis, disease or insect infestation. The root ball should be appropriately sized (see any matrix, e.g., page 14). Such a tree is given the top grade—Florida Fancy. 2) *Trees graded Florida #1 may require some corrective pruning so they develop good trunk and branch structure. They may have minor trunk injuries or could have other defects. Defects can be corrected by pruning the tree once or twice within a year or two after planting. 3) *Florida #2 is a lesser grade. These trees require major corrective pruning to form a structurally strong tree, or are badly misshapen. Great skill and effort (two or more prunings) are required to develop a structure in these trees which will promote longevity. Defects may take several years to correct. 4) *The lowest grade is a Cull. Defects are not correctable. These trees lack vigor and/or have poor trunk and branch structure or circling roots. They have other problems such as open wounds, flush cuts or loose root ball which may prevent them from becoming established in the landscape. If they become established, long life is unlikely. The better grades of trees will require less pruning after planting, and they will establish more quickly. These have been properly trained and pruned in the nursery to develop a structure which will be resistant to damage from winds and other outside forces. Most tree maintenance budgets have not been developed to allow for pruning a tree after planting, so it makes sense to start with a tree which is healthy and well formed. If there is a large tree - pruning allocation in the landscape maintenance budget, trees with the poorer grades may be trained into sturdy trees in the landscape by skilled arborists. Special Note: There is a specialty market for trees trained into forms which are not typical of their normal growth habit. Examples include standards, braided stems, poodles, espalier, topiary and bonsai, to name a few. When grading these trees, the height, spread and root -ball diameter -to - caliper relationships outlined in the matrices for these grades and standards do not apply. Therefore, when grading such trees, enter the grading process outlined below beginning at Step 6, skipping Steps 1 through 5. Large -maturing trees, such as oaks, are always graded beginning with Step 1 unless the planting specifications indicate that the trees will be maintained as topiaries or other small, clipped specimens throughout their lives in the landscape. Grades established for trees (Florida Fancy, Florida #1, and Florida #2) do not apply to trees used in wetland mitigation. For trees used in wetland mitigation, refer to the wetland section of this manual. 3 EXAMPLES apple, pitch- bauhinia bay, red- camphortree carambola citrus dogwood, flowering fig, fiddle -leaf fig, rusty fig, weeping floss silk tree goldenrain tree gumbo limbo holly, round kapok laurel, Cuban - lychee loquat TYPE ONE MATRIX - SPREADING & ROUNDED SHAPES MINIMUM MAXIMUM MINIMUM CROWN MINIMUM MINIMUM MINIMUM CALIPER TREE TREE SPREAD DIAMETER B&B GROW BAG CONTAINER HEIGHT HEIGHT ROOT -BALL ROOT -BALL VOLUME FL. FAN. #1 #2 DIAMETER DIAMETER 1/4" 18" 30" 10" 8" 6" 6" — 4" Sleeve 1/2" 24" 6' 14" 12" 8" 8" — 1 Gal. 3/4" 4' 8' 30" 24" 18" 14" — 3 Gal. 1" 5' 10' 36" 30" 24" 16" 12" 5 Gal. 1 1/4" 6' 11' 42" 36" 30" 18" 14" 7 Gal. 1 1/2" 7' 12' 48" 42" 34" 20" 16" 15 Gal. 2" 8' 15' 54" 48" 42" 24" 18" 15 Gal. 2 1/2" 9' 16' 60" 54" 48" 28" 18" 25 Gal. 3" 10' 18' 66" 60" 54" 32" 20" 45 Gal. 3 1/2" 11' 18' 6' 5 1/2' 5' 36" 24" 65 Gal. 4" 12' 22' 7' 6 1/2' 6' 40" 30" 95 Gal. 4 1/2" 14' 24' 8' 7 1/2' 7' 44" 36" 95 Gal. 5" 16' 26' 10' 9' 8' 48" 36" 95 Gal. 5 1/2" 17' 28' 1 11' 10' 9' 50" — 200 Gal. Notes: 1. Trees to be graded under this matrix are listed in the index of trees on pages 37-44. 2. Any liner less than 1/4" caliper shall be a minimum of 12" in height, well -rooted in its container which shall not be less than 2" in diameter. Bare -root trees shall be so noted. 3. Ball depth on B&B stock shall be at least 2/3 of the root -ball diameter shown. For trees larger than 5 1 /2" caliper, root -ball diameter shall be 8.5" for each inch of tree caliper. Trees grown in soils with a high water table can have shallower root balls provided the root -ball diameter is increased to the next larger tree size in the table. 4. Red or black mangrove may be a minimum of 18" overall height in a 1 -gallon container, 24" overall height in a 3 -gallon container.' 5. For the purpose of determining minimum root -ball size, cured trees can have a caliper up to 1" larger than indicated in the table. EXAMPLES mahoe mango mangrove, black oak, laurel oak, live oak, sand live oak, water oak, white olive, black - olive, spiny black - pagoda tree, Japanese rubbertree, Indian - sausage tree shaving brush tree silk-cotton tree, red sycamore tamarind weeping willow ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with greater than three-inch diameter (dbh) and two -foot spread. 5 Small species, six feet tall with two to three inch diameter (dbh) minium and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). 5 Nonnative palms, minimum height three feet (overall). SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of ,1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Randy Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: Planning & Zoning Board Meeting Minutes February 11, 1998 Page 2 He advised that the proposed structure placement was not visible from adjoining roadways and therefore, would not require approval from the Community Appearance Board. He noted that city staff and the city engineering firm recommended approval of the site plan. Ms. Lisa Lombardi, P.E., project engineer, advised that the proposed canopy was not shown on the original approved site plan. She further advised that the canopy would be constructed over existing paved area and therefore, no permit would be required from the St. Johns River Water Management District. Brief discussion was held regarding the amount charged by the city engineering firm to review the submitted site plan. Motion by Mr. Russell, seconded by Ms. McNeely to approve the site plan for a canopy addition to Marshall Manufacturing as presented. Vote on the motion carried unanimously. 2. Discussion and Motion to Recommend Approval to Amend Chapter 110, Section 110-567 (b), Relative Tree Point Values for Landscaping Purposes. Mr. Moran advised that City Council had requested staff to visit existing tree size diameter at breast height (dbh) requirements that appeared to be less than desirable. Staff was instructed to increase required tree size without changing any other code requirements. During this research, staff noted a discrepancy in the definition of (dbh) relating to "development grade". It was not defined elsewhere in the code whereas the term "finish grade" appeared. Therefore, staff recommended changing the term to "finish grade" to alleviate any conflicts. Discussion was held regarding different kinds of palm trees, both native and nonnative. After discussion, the Board decided to recommend deleting (5) points for nonnative palms from the proposed ordinance. The Board members were of the opinion that points should not be awarded for nonnative species. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the proposed ordinance amending tree point values for landscaping with the deletion of (5) points for nonnative palms. Vote on the motion carried unanimously. § 110-567 CAPE CANAVERAL CODE (4) Parking areas in the C-1 and M-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of- way, except for ingress and egress and side- walks. The perimeter shall be planted with decorative shrubs and bushes three feet in height to form a visual screen with a den- sity of 80 percent within two years of plant- ing. Perimeters facing such public right-of- way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50 -foot C-1 lot and 15 tree values on the minimum 75 - foot R-3 lot. (5) No trees shall be planted that will obstruct visibility at intersections or point: of in- gress and egress to streets. See section 110- 469. The perimeter footage defined in sec- tion 110-469 and ingress and egress shall not be used to calculate landscaping of pe- rimeters. (6) Existing trees in proposed internal parking areas as listed under subsection (bi of this section shall not be removed if over three inches diameter at breast height (dbh) with- out a permit from the building official. Ev- ery effort shall be made to build. pave or otherwise construct around existing trees of value. (7) Each landscaped area, both within the in- terior parking area and around the perim- eter, shall be served by a functioning un- derground sprinkler system adequate to maintain all landscaping. (8) All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. (9) The value of the landscaping for the inter- nal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land ac- quisition, whichever is greater. EXISTING (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with 3"- inch diame- ter (dbh) minimum and two -foot spread. 5 Small species, six feet tall with 2"-3" inch diameter (dbh) mini- mum and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be consid- ered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the plant- ing is in an area subjected to salt air, the B (bar- rier island) designation shall be present, which meets the state requirement to tolerate xeric con- ditions. Otherwise, documentation must be pre- sented as provided in section 110-566(d). (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94) Sec. 110-566. Preservation of trees in. all dis- trlcts. During the development of any project, all trees of four inches in diameter or larger shall be pre- served or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) A proposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross reference—Preservation of trees, § 102-26 et seq. Secs. 110-569-110-580. Reserved. Supp. No. 1 CD 110:70 City of Cape Canaveral STAFF REPORT February 25, 1998 TO: Bennett Boucher, City Manager Mayor & City Council Members FROM: G. J. Moran, Building Official [Intitial-GJM] Subject: Proposed Amendments To Chapter 102-36, Definitions and Chapter 110-567(b) Tree Point Values. As requested by City Council, through the City Manager, staff researched present Ordinances relating to landscaping requirements, prepared appropriate amendments that were presented to the Planning & Zoning Board for recommendations in the meeting held on February 11, 1998. The Planning & Zoning Board recommended approval of the proposed amendments with the deletion of the five (5) point value for Nonnative palms, minimum height three feet (overall) in the amendment to Paragraph (b) of Section 110-567. Staff recommends approval of the above referenced amendments. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 City of Cape Canaveral, Florida Regular City Council Meeting Minutes March 3, 1998 Page 7 A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Ordinance No. 14-98, for second reading. Mayor Randels explained that the Planning and Zoning Board also recommended this ordinance to increase tree point value from two inches to three inches. Mayor Randels noted that the Planning and Zoning Board and Beautification Board recommended that non-native trees not be given point credit toward the total value due to their lack of longevity. Mayor Randels stated that he serves on the State of Florida Urban Forestry Council that is planning a tree grading system. Since the City did not institute this, he would like to include a proponent for grading in the ordinance. A motion was made by Mayor Randels and seconded by Mr. Hernandez to amend Ordinance No. 14-98 to include a Paragraph (c ) under Section One, to read "All trees selected shall be of choice or better quality." Mr. Petsos queried if choice or better is determinable by the Building Department. Attorney Bennett stated that if the ordinance makes a reference; there must be a definition. Attorney Bennett recommended to Council to postpone discussion on the ordinance until staff could provide the needed definitions. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to postpone Ordinance No. 14-98 for first reading until the next scheduled City Council meeting. DISCUSSION: 18. (Tape 1, 283 1) Mayor Randels explained that this item, proposed by City Manager Boucher, is a joint meeting with the Canaveral Port Authority. Mr. Petsos queried if the Port Authority is willing to meet. Mr. Petsos was concerned with issues that need to be addressed by the Port Commission, such as the Sewer Franchise agreement and day labor hires. Ms. Salamone recommended that staff outline issues to be addressed at a meeting with the Port Commission instead of receiving a project status report from the Port staff. Mayor Randels instructed that Council provides the City Manager an outline of issues before he meets with the Port director. 19. (Tape 1, 3241) Mr. Tim Fadul, General Manager, USA Waste Industries addressed the Council with a services proposal. Mr. Fadul reviewed statistics from the draft including the number of customers serviced, dumpsters, dumpsters without enclosures and enclosures without gates. Mr. Fadul stated that some consideration should be given to a standard enclosure size. Mayor Randels explained to the audience that this review came about due to the visible portion on the currently used three -sided enclosures. Mr. Bruns queried if a minimum enclosure size was necessary. Mr. Fadul affirmed and stated the standard as 12 -feet wide, 6 -feet high, and depending on the size of the dumpsters, 8 or 10 -feet in depth, preferably 10 -feet. Mr. Petsos stated that the intent of past City Council was to provide a three -sided enclosure, but these were not built to accommodate various size dumpsters. Mayor Randels stated that the Beautification Board proposed the three -sided enclosure to remedy aesthetics around the dumpsters used at the time of that proposal. Mr. Bruns questioned if the proposed enclosure could accommodate any container in the City. Mr. Fadul affirmed, excluding roll- off containers. Ms. Salamone queried if building enclosures would apply to existing dumpsters. Mayor Randels responded that this would apply to new enclosures. Ms. Salamone questioned if USA Waste would replace an existing enclosure with a larger one if it were damaged. Mr. Fadul Meeting Type: Regular Meeting Date: 06-02-98 AGENDA Heading Discussion Item No. 14 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: LIBRARY LEASE AGREEMENT WITH BREVARD COUNTY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on the proposed amendments to the library lease agreement with Brevard County. Summary Explanation & Background: Enclosed is the original lease agreement and the city attorney will have his comments available at the meeting. Please advise. Exhibits Attached: County letter of 05-19-998 City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/06-02-98/library.doc BREVARD County BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST BREVARD COUNTY LIBRARY SERVICES 219 Indian River Drive, Cocoa, FL 32922-7781, Telephone (407) 633-1801, Fax (407) 633-1798 980040-521 DISTRIBUTION Mayor X City Council X City Mgr. X City Atty. Pub. Works Dir. X Building Off. Finance Dir. May 19, 1998 Mr. Bennett Boucher, Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mr. Boucher: I am enclosing two (2) copies of the Amendment to Agreement for the Cape Canaveral Public Library. This document is needed to bring your Agreement up-to-date with the Board of County Commissioners because the Library has been renovated and enlarged. Mrs. Isabel Matos-Escapa, Director of the Cape Canaveral Public Library, has been working with the other County staff to prepare this Agreement and has shared this information with you and the local Library Board. The Board of County Commissioners will meet again on July 7, 1998, and I hope, if it is at all possible, to have this signed Agreement on their agenda for that date. Please request that the City Council sign both copies of the Agreement and return them to me. As soon as the Board of County Commissioners execute the Agreement, one original copy will be returned to you. If you have any questions concerning this Agreement, please contact me. Sincerely, Kathryn A. Stewart Library Services Director KS:jh PRINTED ON RECYCLED PAPER AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this day of , 1998, by and between, the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, apolitical subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE CANAVERAL, --hereinafter referred to as "City." WITNESSETH: WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City owns the original 9000 square foot facility within which the Cape Canaveral Public Library is located; and WHEREAS, the Board has constructed a 6000 square foot addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the "Library Building;" and WHEREAS, the parties hereto desire to set forth and define their respective duties and responsibilities relating to the Library Building. NOW, THEREFORE, in consideration of the premises and mutual- covenants herein contained, the parties hereby agree as follows: SECTION 1. That Paragraph 1 of the Agreement is amended to read: The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue, Cape Canaveral, Florida 32920. SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following language: A list of all materials (including books and media), furniture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A." And to read: The Board shall have control over all County -owned property for such time as this Agreement is in effect. SECTION 3. That Paragraph 3 of the Agreement is amended to read: It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the Library Building including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or earned by the City of Cape Canaveral and the Friends of the Library. These funds shall remain under the control of those organizations. The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a separate account and such funds shall be utilized solely for such purposes as requested by the Library Director, and as approved by the Board or its designee. C:\OFFICE\WPWIn\WPDOCS\LIBRARY\CCAMEND WPD • KB\rb 5-6-98 1 SECTION 4. That Paragraph 6 of the Agreement is amended to read: The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property or causes death or personal injury. SECTION 5. That Paragraph 7 of the Agreement is amended to read: The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission of information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Director. SECTION 6. That Paragraph 14 of the Agreement is amended to read: Notice under this Agreement may be given to the County be sending written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940. SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988, which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands. and seals on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Sandy Crawford, Clerk BY: Helen Voltz, Chairman As approved by the Board CITY OF CAPE CANAVERAL BY: Dated: , 1998 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of 1998, by of the CITY OF CAPE CANAVERAL, who is personally known to me or who has produced as identification. Notary (S E A L) Notary Name (typed, printed or stamped) My Commission No. My Commission Expires: C: \OFFICE\WPW\MWPDOCSLIBRARY\CCAMEND. WPD - KB\rb 5-6-98 2 CAPE CANAVERAL LIBRARY Stottler Stagg and Associaties 120 E. Marks Street, Suite 200 Orlando, Florida 32803 Tele: 407-425-0193 Fax: 407-425-0197 L E A S E A G R E E M E N T THIS AGREEMENT, entered into this 18th day of March 1988, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and the CITY OF CAPE CANAVERAL, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, the Board intends to establish a Countywide free public library system; and WHEREAS, the City owns the facility within which the Cape Canaveral Public Library is located; and WHEREAS, the residents of the City and the County will benefit from the operations of such a library; and WHEREAS, the City wishes to relinquish its obligations to operate such a library, and WHEREAS, the Board wishes to undertake the operation of such a library, and WHEREAS, the parties wish to define their responsibilities relating to the library. NOW, THEREFORE, for and in consideration of the mutual promises of the parties and the covenants and conditions herein contained, it is mutually agreed between the parties as follows: 1. The City leases to the Board for $1.00 per year that building located at 7400 Poinsetta Avenue, Cape Canaveral, Florida 32920, on the parcel of City property described below: Section 23, Township 24 South, Range 37E, Avon -by -the -Sea, Block 47, Lots 1-2-3, 9-10-11 2. It is the intent of the parties that the Board shall have the primary control in accordance with this Agreement over all buildings, structures, facilities, library media and materials, furniture, equipment and other tangible property utilized Eor the operation and maintenance of the library. Policy for use of Meeting/Conference Rooms for said library shall be by mutual agreement between the Brevard County Library System and the City. -1- A list of all materials (including books and media), furniture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A". The Board shall have control of these items for such time as this Agreement is in effect. If the Board determines such material shall be disposed of or not be utilized for this library's purposes, the Board shall return such items to the City. 3. It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the library including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or earned by the City of Cape Canaveral, the City of Cape Canaveral Library Board and the Friends of the Library. These funds shall remain under the control of those organizations. The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a seperate account and such funds shall,be utilized solely for the library. 4. The Board hereby agrees to provide all payment for electricity, light, heat, power, water, telephone and other utility services required for the operation and maintenance of the library. 5. Pursuant to its right to control the facility, the Board reserves the .right to make renovations and additions and deletions to the said buildings, structures, facilities and equipment, including, but not limited to, the roof, plumbing, heating and cooling systems, and all other utility systems and in all respects to deal with the facility in its sole discretion. Any work which would enlarge or expand the Library building or alter the exterior or interior walls would require prior City approval. 6. The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. -2- However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property or causes death or personal injury not covered by the insurance of the City. Further, the Board agrees to indemnify and hold the City, their sureties, insurors, successors, assigns and legal representatives harmless from any liability, claim, cause of action, demand or damages for such casualty, theft, accident, death or personal injury of any kind or nature to any third party or such third party's property as a result of the acts, whether intentional or negligent, or omissions of any of the Board's employees, independent contractors or agents. Any promises to indemnify, however, are limited on the basis that the Board is self-insured as permitted under Florida Statutues and rely on Florida Statute 768.28 which limits the County's liability to $100,000 per person, $200,000 per occurrence. 7. The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission of information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Manager. S. The City shall be responsible for maintenance of the parking areas, walkways and grounds adjacent to and surrounding the library at its own expense and for providing public liability insurance consistent with the limits of coverage applied to all other City owned property. Proof of liability insurance shall be provided at the time of the signing of the agreement, and a copy delivered to the Contracts Manager within ten (10) days of the signing. The Board shall be responsible for the maintenance of -3- the structures including the interior and exterior of the structures. The City shall be responsible for maintenance of outside lighting, sprinkler system, underground water and wastewater lines, landscaping and approaches to the Library building. 9. This Agreement shall be for so long as the facility is maintained as a Public Library open to the public by the Board, except that either party may terminate this Agreement, without cause, upon one hundred eighty (180) days written notice to the other party. If this Agreement is breached, the non -breaching party may terminate the Agreement upon providing twenty -Four (24) hours written notice to the breaching party. However, said termination shall not affect the rights of the non -breaching party to pursue any remedies at law or equity that it may have. 10. This Agreement is not assignable. 11. No change, modification or waiver of any of the provisions or conditions of this Agreement shall be valid unless in writing, signed by a duly authorized representative for each party. Waiver or breach of this Agreement or failure to follow any provision of the Agreement shall not be deemed a waiver of any other or subsequent breach, and shall not be considered to be a modification of the terms of this Agreement. 12. This Agreement shall be governed by the Laws of Florida. In the event any portion of the contract is declared invalid, the remainder of the Agreement shall remain in force. 13. This Agreement represents the entire Agreement between the parties. 14. Notice under this Agreement may be given to the County by sending written notice to the Office of the County Administrator, 2235 North Courtenay Parkway, Merritt Island, FL 32953, and notice shall be given to the City by sending written notice to the City Manager, City of Cape Canaveral, P.O. Box 326, Cape Canaveral, FL 32920. -4- IN WITNESS WHEREOF, said parties have herein set their hands and seals the day and year first above written. ATTEST: CITY OF CAPE CANAVERAL Cheryl D. Poig City Clterk (Deputy) ATTEST: R. C. Winstead, Jr., Clerk STATE OF FLORIDA COUNTY OF BREVARD This is certify that the foregoing is at [printed-illegible/unread] correct copy of Lease Agreement witness my hand and official seal this 18th day of March 1988 R.C. WINSTEAD, JR. Clerk Circuit Court BY E. McEleg D.C. Patrick P. Lee Mayor BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Sue Schmitt Chairman Sue Schmitt -5- - BREVARD COUNTY LIBRARY SYS'T'EM POLICY FOR USE OF MEETING/CONFERENCE ROOMS CAPE CANAVERAL PUBLIC LIBRARY 1. Library programs have priority over all other activ- ities, except for special City Council meetings as determined by the City of Cape Canaveral. Programs "co-sponsored" by the library are next in priority. "Co-sponsored" means that the library staff or "Friends" participates in planning and presenting programs of an educational and cultural nature. 2. Meeting rooms are available for use by organizations which assume responsibility for the conduct of the programs and the care of the facilities. The room may not be used for profit- making purposes. Direct sales shall not be allowed on library premises. 3. All meetings must be open to the public within safety limitations. The library reserves the right to deny use of the meeting rooms. Meeting rooms are not available for partisan political activities, religious groups, or groups which have unlaw- fully discriminatory membership requirements. 4. No admission charge or request for donations shall be for any functions other than those under library sponsorship. In the case of any educational classes, instructor and material costs may be recovered. 5. Accidents must be reported immediately to a member of the staff. 6. Meetings held during library hours must be over 15 minutes prior to closing time. In libraries where the meeting space can be closed off from the rest of the building, where it can be exited directly and equipment secured, meetings may run beyond closing time when detailed arrangements have been made and approved by the Library Director in advance of the meeting. 7. Light refreshments, such as cookies and cakes, may be served, but no cooking is allowed other than for hot beverages. The room must be left in the same condition and arrangement as prior to the use of the room. 8. SMOKING IS NOT PERMITTED. 9. No furniture or equipment may be brought into or removed from these rooms without prior written permission. The library is not responsible for equipment, supplies, exhibits, or other materials owned by a group and used in the library. The library does not provide storage space. 10. Organizations that consistently have less than 15 persons in attendance may be asked to relocate to another conference room. The meeting room may be reserved for groups of more than 15. 11. If the library meeting room is designated as a voting precinct, when an election is scheduled, it will pre-empt all scheduled meetings. Groups meeting on an election day will be informed of this in advance whenever possible. 12. The library retains the right to cancel a reservation for the meeting room with notice and for cause. If a program is cancelled, the library will make every effort to notify the group who had reserved the room. Groups holding reservations are requested to notify the Library Director of any cancellation. 13. Use of the meeting/conference rooms is a privilege. Any violation of these rules as determined by the Library Director will result in cancellation of the group's future meeting privi- lege as well as a financial assessment for damages incurred. The financial assessment for damages will be set by the Library Director. If the organization wishes to appeal the decision, they must contact the Library Services Manager. 14. Any application for use of the meeting room must be completed and submitted prior to use of the library facility. 15. Use of library meeting rooms does not imply library endorsement of the aims, policies, or activities of any group. Approved this 1st day of March , 1988. BREVARD COUNTY LIBRARY SYSTEM Sue Schmitt CITY F CAPE CANAVERAL Patrick P. Lee Mayor ATTEST: Janet S. [Handwriting-illegible/unread] City Clerk DRAFT 2 YEAR GOALS-ROCKY RANDELS The following are items that I would like to see happen in the next two (2) years: • Complete Library addition • Complete Wastewater Treatment Plant • Complete Phase 1 of Reuse (Wastewater to Cocoa Beach) • Update Zoning Map through Comprehensive Plan completion • Prepare for purchase of future years' capital equipment needs by setting aside a portion of anticipated cost in advance years • Plan budget for 5 - 10 - 15 year replacement of large capital items, "i.e., Ladder Fire Truck - $325,000 • Permit each department more latitude over the transfer of line items • Permit each department to carry over excess funds if able to come in under budget, to eliminate the traditional government idea of "spend it or lose it" • Develop a park on east side of A1A • Asphalt the entrance to the Wastewater Treatment Plant • Use all recycled plastic, lumber for crossovers or wherever possible • Continue to improve interlocal relations between our neighbors, the Port and Cocoa Beaclk; . • Investigate the annexing of Avon -by -the -Sea area to Cocoa Beach • Have our zoning laws apply to County area • Investigate relocating City Council Chambers to Library auditorium in order to free up this area for departmental use • Consider revising the east parking lot of the Recreation Center for access from Tyler Avenue • Optical Disk imaging system for records • Additional sidewalks MAY 28 '98 15:23 FR PHSF/KSC/ TO 57993170 P. 01 5/22/98 Buzz Petsos Page 1 GOAL AND ACTION PLAN CITY ENHANCEMENT AND BEAUTIFICATION: 1. Develop a detailed plan and timetable for the development of Manatee Park. 2. Continue with landscaping and planting of additional trees/palms throughout the City. 3. Increase the planting of low -growing anti-erosion vegetation on the beach. 4. Continue the program started by the Sheriffs department to clear vacant property of camp sites. 5. Continue to provide a proactive code enforcement system throughout the City by informing our citizens by person or door hang tags. 6. Look at grants for development of Manatee Park and to purchase the property North of Cheri Down Park, the County was looking into this, we need to follow-up. 7. Work to obtain land in the N E. portion of the City fot a park. PLANNING AND ECONOMIC DEVELOPMENT: 8. Develop a plan on expansion versus relocation of City Hall. 9. Continue setting aside funds for future Capital purchases and large projects, i.e. road surfacing. 10. Determine the usage of the Port property we now have (IITF). 11. Consider reviewing the rate structure of impact fees. 12. Encourage expansion/renovations of existing businesses. 13. Promoto open discussions and joint meetings with both Cocoa Beach and Port Canaveral. 14. Work on grant funding for the replacement of non-conforming signs upon passage of a new sign ordinance. 15. Reconnect the mosquito impoundment areas at the end of Long point Road. 16. Continue to work on and review a cosriprehensive plan for street repaving. 05/28/98 15:23 TX/RX NO.4710 P.001 05/29/98 07:53 FAX 407 8686890 CAPE VIEW ELEM 002 Joy Salamone-Goals • Investigate purchasing a larger building to house city hall and sheriff's department + Support reworking City Park Work to establish an on-going clean up effort between "no man's land" and city • Investigate ways to get our children across busy highway and work to make safe access points throughout the A1A corridor • Expand opportuties of recreation for kids from ages 12-16 during the hours of 3:00-7:00pm • Need a plan to aggressively pursue ways to fill vacant buildings on A1A Need to work on a system for left hand turn lanes on North Atlantic Avenue 05/29/98 07:51 TX/RX NO.4719 P.002 ■ Goals - Rocky Randels Page 2 • Storm water system repair • Renovate Lift Station #1, Washington Avenue • Expect to replace some of our older department vehicles • Upgrade street lights • Ballfield lights replaced • Try to find occupants for vacant buildings • Continue to try for grants for matching funds for our projects • Master Plan for City buildings • Replace plants that have been lost in existing landscaped areas • Improve enhance to City corridor on North end of City • Investigate use of IIF land that City will receive from.Port along A1A • Continue to improve appearance of A1A by gradually removing signs or structures in non-compliance MAY 28 '98 15:24 FR PHSF /KSC/ TO 57993170 P. 02 5/22/98 Buzz Petsos Page 2 PUBLIC SAFETY: 17. Help promote crime prevention such as COPS, neighborhood watch, Community policing, etc. 18. Help promote the Police Athletic League (PAL) and the Police Explorers in the City of Cape Canaveral. 19. Look at increasing the lighting level of the street lights on A1A. 20. Encourage more bike patrols for the parks and beach areas. 21. Continue to lobby for reduced speed limits on A1A and to enforce speed limits on Atlantic, Ridgewood, Wasington, etc. 22. Continue the DARE program at the elementary school, look at the feastbility of a school resource Officer for the elementary school, these are the years the students develop their behavior, not in high school. COMMUNICATION/CITY IMAGE: 23• Develop a plan for the City computer network system, we started, then lost our "computer expert". 24. Look at offering an incentive Program that.rewards employees for cost saving ideas. 25. Continue to seek grants on a Federal, State, and County level for City services, Programs, and equipment. 26. Continue and increase news releases to the media on the projects and accomplishments in the City. ** TOTAL PAGE.02 ** 05/28/98 15:23 TX/RX N0.4710 P.002 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Jeffery A. Ratliff Home Telephone: 799-2507 Home Address: 555 Harrison Avenue #504 Cape Canaveral, FL 32920 Business: CRA Services Business Telephone: 269-9891 Office Address: 425 Cheney Highway Titusville, FL 32780 Brief Description of Education and Experience: Master of Science Degree - Geology 1982-1989 > Geologist - Texaco USA (New Orleans, LA) (Brooksville, Florida) 1989 - 1990 > Geologist - Sw Florida Water Mngemnt District 1990 - Present > Reg Mgr - CRA Services (Titusville, Florida) Are you a registered voter? Yes - X No Have you been a resident of the City for 12 months or longer? Yes No- X ( 10 Months ) Do yo4 currently hold, a public office? Yes No -X Are you presently employed by the City? Yes No-X At the present time, do you serve on a City Board? Yes No- X At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No - X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No ✓ Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) (1) Beautification Board Board of Adjustment* (2) Code Enforcement Board* (4) Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board (3) Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: In Both My Business ( Environmental Consultant) and Personal Life, I have become Familiar with the Services Provided bu Municipal Governments. Since moving to Florida in 1989, I have also become familiar with Issues pertient to the Citizens of the State, Including the Environment, Business Development, Beautification Projects, Etc. Therefore, I am very interested in Volunteering my time to help improve the overall quality of Life The City of Cape Canaveral. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes - X No Applicant's signature: Jeffery C. Ratliff Date: April 3, 1998 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920