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Agenda Packet 09-20-2016
CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 20, 2016 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for fmal official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting,ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 6:15 p.m. -6:30 p.m. Presentation of International Institute of Municipal Clerks(IIMC)Designation of Certified Municipal Clerk Plaque and Pin to City Clerk Mia Goforth by Patricia J. Burke, MMC, Town Clerk—Town of Palm Shores. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2015. Interview Applicant for appointment to the Board of Adjustment. (Joseph Tichich) Interview Applicant for appointment to the Community Appearance Board. (Jalinda Coudriet) Interview Applicant for appointment to the Library Board. (Evan Weisfeldt) CONSENT AGENDA: 6:30p.m. —6:35p.m. 1. Approve Minutes for Regular City Council Meeting of August 16, 2016 and Special City Council Meeting of September 6, 2016. City of Cape Canaveral, Florida City Council Meeting September 20, 2016 Page 2 of 3 2. Resolution No. 2016-18; appointing Members to the Board of Adjustment, Community Appearance Board and Library Board of the City of Cape Canaveral and reappointing Members to the Board of Adjustment, Code Enforcement Board and Culture & Leisure Services Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Joseph Tichich, Jalinda Coudriet, Evan Weisfeldt, George Sweetman, James Hale, Gene Petre and Douglas Raymond) 3. Resolution No. 2016-19; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2016-20; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 5. Approve the Preliminary Plat for property located at 350 Monroe Avenue — Cape Park Townhomes. 6. Waive the competitive bidding process for the purpose of extending the term of the existing contract, approve the Ninth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $47,604 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 7. Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $185,040 with SSS Brevard OPCO LLC, dba Green Leaf Landscaping & Irrigation and authorize the City Manager to execute same. PUBLIC HEARING: 6:35 p.m. —6:40 p.m. 8. a. Resolution No. 2016-21; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. b. Ordinance No. 03-2016; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017; providing for an effective date, second reading. City of Cape Canaveral, Florida City Council Meeting September 20, 2016 Page 3 of 3 ITEM FOR ACTION: 6:40 p.m. —6:50 p.m. 9. Authorize removal of a Specimen Tree at 307 Madison Avenue and that the applicant make a $3,150 contribution to the City Tree Bank. REPORTS: 6:50 p.m. 7:00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2016 PRESENTATIONS/INTERVIEWS Subject: Presentation of International Institute of Municipal Clerks (IIMC) Designation of Certified Municipal Clerk Plaque and Pin to City Clerk Mia Goforth by Patricia J.Burke,MMC, Town Clerk—Town of Palm Shores. Department: Legislative Summary: The International Institute of Municipal Clerks (IIMC) is a professional, nonprofit association that promotes continuing education and certification through university and college- based institutions and provides networking solutions, services and benefits to its members worldwide. The Certified Municipal Clerk (CMC) program is one of two professional designations granted by IIMC (the other being Master Municipal Clerk or MMC) and is designed to enhance the job performance of the Clerk in small and large municipalities. To earn the CMC designation, a municipal clerk must attend extensive education programs and have pertinent experience in a municipality. Mia Goforth began her career in municipal government here at the City of Cape Canaveral nine years ago as an Administrative Assistant in the City Clerk's Office.Working her way up through the ranks, she was appointed as City Clerk in February of this year. Ms. Goforth has recently obtained her CMC designation. Over the years, Municipal Clerks have become the hub of government; the direct link between the inhabitants of their community and their government. The eminent political scientist, Professor William Bennett Munro, wrote in 1934: "No other office in municipal service has so many contacts. It serves the mayor, the city council, the city manager(when there is one), and all administrative departments without exception.All of them call upon it,almost daily,for some service or information.Its work is not spectacular,but it demands versatility,alertness,accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." i Submitted by City Manager: David L. Greene Signature Date: 8/30/16 Attachments: 1 —IIMC President Letter 2—CMC Certificate Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 8/29/16 The City Manager recommends that City Council take the following action: Accept Presentation. Approved by City Manager: David L. Greene Signature Date: 8/30/16 Attachment 1 Logo for the International Institute of Municipal Clerks International Institute of Municipal Clerks Professionalism in Local Government August 11, 2016 Dear Mia Goforth,CMC: On behalf of the Board of Directors,it is my pleasure to inform you that you have been awarded the International Institute of Municipal Clerks' designation of Certified Municipal Clerk. Included in this package is your hard-earned CMC certificate, as well as your CMC lapel pin. We hope you wear it proudly. IIMC grants the CMC designation only to those Municipal Clerks who complete demanding education requirements; and who have a record of significant contributions to their local government,their community and state. In light of the speed and drastic nature of change these days, lifelong learning is not only desirable, it is necessary for all in local government to keep pace with growing demands and changing needs of the citizens we serve. We applaud your educational accomplishments and achievement of this milestone and congratulate you on your personal pursuit of professional excellence. Sincerely, Signature Vincent Buttiglieri, MMC IIMC President 8331 Utica Avenue.Suite 200,California 91730• Phone(909)944-4162•Fax(909)944-8545'E-mail: bgq'a iimc.com Attachment 2 International Institute Municipal Clerks Logo for the International Institute of Municipal Clerks Hereby Confers The Title of Certified Municipal Clerk upon Mia Goforth, CMC who has completed the requriements prescribed by the International Institute of Municipal Clerks for Certification. (You must remain an active member for IIMC to recognize your CMC) Certified This 11 Day Of August A.D. 2016 Siganture Signature IIMC President IIMC Director of Education [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2016 PRESENTATIONS/INTERVIEWS Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2015. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Department for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report(CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 21st consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff. Submitting Council Member: Mayor Bob Hoog Signature Date: 9-12-2016 Attachment: None Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 9/1/16 The City Manager recommends that City Council take the following action: Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. Approved by City Manager: David L. Greene Signature Date: 9/6/16 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/20/2016 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Board of Adjustment. (Joseph Tichich) Department: Community Development Summary: On August 23, 2016, the Board of Adjustment unanimously approved Mr. Joseph Tichich to fill a vacancy. Mr. Tichich is a retired U.S. Air Force officer and served on the City's Construction Board of Adjustment for a short period of time. His Application indicates that he is retired and wished to give back to his community.Mr.Tichich owns property on Seaport Boulevard. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Mr. Tichich's interview and interest in the City of Cape Canaveral Board of Adjustment,the Board recommends he be appointed by the City Council. Submitting Department Director: David Dickey Signature Date: 9/12/16 Attachments: 1 —Board Application 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signaure Date: 9/9/16 The City Manager recommends that City Council to the following action• Interview Applicant Joseph Tichich. Approved by City Manager: David L. Greene Signature Date: 9/12/16 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL: 1. Applicant Name: Joseph Tichich 2. Home Address: 610 Seaport Blvd, Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 321-576-5370 4. Occupation: Retired 5. Business Telephone: 6. Business Address: 7. E-Mail: TichichJ@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) ✓ (N) 3a. Are you a Business owner: (Y) (N) ✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page Z of 3 , 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) ✓ (N) 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: Mary Jo Tichich (wife)/Community Appearance C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Now retired, wish to give back to our great city! 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 2 Board of Adjustment* b. 1 Business and Economic Development Board c. 6 Code Enforcement Board* d. 8 Community Appearance Board[strikethroughed] e. 3 Construction Board of Adjustment and Appeals* f. 7 Culture and Leisure Services Board g. 4 Library Board h. 5 Planning and Zoning Board* i. Other: 'Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Served on City of Cape Canaveral "Construction Board of Adjustment & Appeals" (Approx(2014-15) 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes,requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian-American Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Joseph Tichich Date: 13 May 2016 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 5/13/16 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 CITY OF CAPE CANAVERAL Community Development Memo TO: Cape Canaveral City Council VIA: David L.Greene,City Manager FROM: David Dickey,Community Development Director DA'L'E: August 24,2016 RE: Recommendation to the City Council Regarding Prospective Board of Adjustment Board Member Joseph Tichich At the August 23,2016 Board of Adjustment meeting,the Board approved Mr. Joseph Tichich to fill a current vacancy. By a unanimous vote, the Board recommended Mr. Tichich for appointment. 1 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/20/2016 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Community Appearance Board. (Jalinda Coudriet) Department: Community Development Summary: On July 28, 2016, the Community Appearance Board unanimously approved Ms. Jalinda Coudriet to fill a vacancy. Ms. Coudriet holds an active Florida Real Estate license and is a certified Florida Master Gardener. She has also provided interior design services to her husband's custom home building business in Orlando. Her Application indicates that she wants to be a bridge between the community and public officials and that she wants to maintain the qualities that make Cape Canaveral a paradise.Ms. Coudriet owns property on Buchanan Avenue and has lived in the City part-time since 2007. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Ms. Coundriet's interview and interest in the City of Cape Canaveral Community Appearance Board,the Board recommends she be appointed by the City Council. Submitting Department Director: David Dickey Signature Date: 9-12-16 Attachments: 1 —Board Application 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 9/9/16 The City Manager recommends that City Council to take the following action: Interview Applicant Jalinda Coudriet. Approved by City Manager: David L. Greenet Signature Date: 9/12/16 Emailed 6/21 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Jalinda Coudriet 2. Home Address: 425 Buchanan #209/Cape Canaveral, FL 32920 6105 Masters Blvd. Orlando, FL 32819 3. Home and Cellular Telephone: 407-592-2939 4. Occupation: Healthy, active and concerned citizen and human being 5. Business Telephone: 6. Business Address: 7. E-Mail: jgnwc@aol.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? Have applied for change from Orange Co. to Brevard co on 6/17/2016 (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? Have owned property at 425 Buchanan since 2007 and have divided my time between there and Orlando (Y) (N) 3a. Are you a Business owner: (Y) (N) ✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest)shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) ✓ 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s) of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: To be a bridge between public officials and citizens to assist in: 1 Listening to issues that are brought Before the board and contribute to fair and reasonable solutions for the community as a whole 2 maintaining the qualities that make Cape Canaveral 2.3 sq. miles of paradise by fostering responsible growth and economic development. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 7 Board of Adjustment* b. 1 Business and Economic Development Board c. 4 Code Enforcement Board* d. 2 Community Appearance Board e. 5 Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. 8 Library Board h. 6 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel helps to qualify you for membership on the desired board or committee. Active Florida Real Estate license, Certified Florida Master Gardener D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American ✓ Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Jalinda Coudriet Date: 6/21/2016 , Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 CITY OF CAPE CANAVERAL Community Development Memo TO: Cape Canaveral City Council VIA: David L.Greene,City Manager FROM: David Dickey,Community Development Director DA'L'E: August 24,2016 RE: Recommendation to the City Council Regarding Prospective Community Appearance Board Member Jalinda Coudriet At the July 28, 2016 Community Appearance Board meeting, Ms. Jalinda Coudriet was approved to fill a current vacancy.By a unanimous vote,the Board recommended Ms. Coudriet for appointment. 1 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/20/2016 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Library Board (Evan Weisfeldt). Department: Library/Culture& Leisure Services Summary: On August 11, 2016, the Library Board unanimously approved Mr. Evan Weisfeldt to fill a vacancy. Mr. Weisfeldt is a working IT professional who has lived in Cape Canaveral since 2008. His Application (Attachment 1) indicates that he puts great importance on Libraries and their role in a community. This will be Mr. Weisfeldt's first experience serving on a City Board Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Mr. Weisfeldt's interview and interest in the City of Cape Canaveral Library Board, the Board recommends he be appointed by the City Council (Attachment 2). Submitting Department Director: Gustavo Vergara Signature Date: 8/31/16 Attachments: 1 —Board Application 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 8/29/16 The City Manager recommends that City Council take the following action: Interview Applicant Evan Weisfeldt. Approved by City Manager: David L. Greene Signature Date: 8/30/16 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Evan Weisfeldt 2. Home Address: 316 Madison Av. 3. Home and Cellular Telephone: (321) 292 • 1643 4. Occupation: Computer Programmer/Analyst 5. Business Telephone: (321) 613-2485 6. Business Address: 316 Madison Av. 7. E-Mail: evanfla@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) ✓ (N) 3a. Are you a Business owner: (Y) (N) ✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I would like to serve on the library board because I feel that libraries are important to the communities they serve. The need is there, and I feel like I could be a positive influence on the committee. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. 1 Library Board h. Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: This would be my first experience, outside of the P.T.A. when my children were young. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. No special skills. Just a willingness to learn and contribute as needed. Also I am an avid reader and a lover of books. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian-American Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Evan Weisfeldt Date: 7-12-16 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 7/14/16 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 CITY OF CAPE CANAVERAL Culture &Leisure Services Memo TO: Cape Canaveral City Council VIA: David L.Greene,City Manager FROM: Gustavo Vergara,Culture&Leisure Services Director DA'L'E: August 23,2016 RE: Recommendation to the City Council Regarding Prospective Library Board Member Evan Weisfeldt At the August 11, 2016 Library Board meeting,the Board approved Mr. Evan Weisfeldt to fill a current vacancy. By a vote of 6-0,the Board recommended Mr.Weisfeldt for appointment. 1 Item No. 1 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY August 16,2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M.Mayor Hoog led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Interim Public Works Services/Community Engagement Director Joshua Surprenant Brevard County Sheriffs Office Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: Keith Notary, owner of property located at 7090 N. Atlantic Avenue, inquired whether City Council would change its mind regarding the requirement for pole signs along AlA to come into compliance. Mayor Hoog indicated he understood Mr. Notary's plight, but Council would not discuss nor make a decision at this time. City Manager Greene clarified the Sign Code requirement for compliance by mid-September and how the City has consistently provided notice to the business community in recent months, Weekly Updates mention the requirement and letters have gone out to businesses about the expectation for the signs to come into compliance. Mr. Greene suggested Mr. Notary talk to the Community Development Department about how to come into compliance and how the Sign Code Ordinance remains in effect. PRESENTATIONS/INTERVIEWS: Interview Applicant for appointment to the Planning and Zoning Board (Albert Franks, Jr.): City Attorney Garganese asked Mr. Franks if the information on City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2016 Page 2 of 4 his application was true and correct to which he responded in the affirmative. Mr. Franks explained his interest in serving on the Board; Council expressed appreciation for Mr. Franks willingness to serve and discussion ensued regarding his experience and background in the City of Oviedo and a Christmastime bicycle charity he and his wife created. CONSENT AGENDA: City Manager Greene requested to withdraw Consent Agenda Item #4, Resolution No. 2016-15 and substitute in its place, a new item on the Consent Agenda approving the Interlocal Agreement between Brevard County and the City of Cape Canaveral, Florida, implementing the "Save Our Lagoon Project Plan" that City Council received the day before; he explained this City Council Meeting Agenda was distributed prior to the final action taken at the Brevard County Commission meeting dealing with the Lagoon issue; and he summarized details of the Interlocal Agreement before them. Mr. Greene stated if Council agreed, it would be appropriate to move forward with considering the Consent Agenda Items and any the Council wishes to withdraw. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to remove Resolution No.2016-15 from the Consent Agenda and in its place put in the Approval for the Interlocal Agreement with Brevard County for the Indian River Lagoon. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 4. Resolution No. 2016-15; supporting a Countywide Referendum for a Special Assessment Millage Funding Source for Indian River Lagoon (IRL) Restoration; supporting the IRL Restoration Plan developed by Brevard County Natural Resources Management Department; providing for repeal of prior inconsistent resolutions; severability; and an effective date. (WITHDRAWN) Mayor Hoog inquired if any items are to be removed from the Consent Agenda. Discussion ensued regarding whether the new Consent Agenda Item #4 should be pulled for discussion. Council reached consensus not to pull Item#4. 1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July 19, 2016. 2. Resolution No. 2016-12; amending the Stormwater Utility Fee authorized by Article V of Chapter 78 of the Cape Canaveral Code of Ordinances; providing for incorporation into Appendix B, Schedule of Fees, of the City Code;providing for repeal of prior inconsistent resolutions, severability; and an effective date. 3. Resolution No.2016-14;appointing and reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Albert Franks,Jr.,John Price and R. Lamar Russell) 4. Approve Interlocal Agreement between Brevard County and the City of Cape Canaveral, Florida implementing the "Save Our Lagoon Project Plan". (SUBSTITUTED) City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2016 Page 3 of 4 5. Resolution No. 2016-16; authorizing a sixty (60) day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolutions No. 2016-03 and 2016-10; providing for repeal of prior inconsistent resolutions, severability and an effective date. 6. Appoint Economic Development Director Todd Morley as the Voting Delegate to the Technical Advisory Committee (TAC) of the Space Coast Transportation Planning Organization (SCTPO). 7. Approve the Unity of Title Agreement between Martni Realty Fund, LLC (Owner), and the City of Cape Canaveral regarding two individual parcels located at the northeast corner of Astronaut Boulevard and Church Lane. 8. Approve the Agreement to Dedicate Roadway Puerto Del Rio Drive to the City of Cape Canaveral and authorize the City Manager to execute the Agreement for same. 9. Award the Bid for construction of the Oxidation Ditch Rehabilitation Project to Florida Design Contractors, Inc. of Lake Park, Florida in the amount of$2,574,000 and authorize the City Manager to execute the Construction Agreement for same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member McMillin, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. Mayor Hoog introduced Brevard County Commission Chairperson Jim Barfield, Representative District Two. Commissioner Barfield expressed thanks on behalf of the Brevard County Commission to the Council, City Manager and City Attorney for supporting the Agreement; he stated the need to take the lead to fix the Indian River Lagoon; affirmed his confidence for the half-cent sales tax going on the ballot as a referendum to let voters decide what to do and summarized how the money will be used should it pass. Commissioner Barfield added that the City and Citizens of Cape Canaveral should be proud for doing this; and believes everyone will work together to fix the Indian River Lagoon. He thanked the City Council for having him. REPORTS: Council Member McMillin thanked Interim Public Works Services/Community Engagement Director Josh Surprenant for breaking ground on the Community Garden Project; mentioned his attendance at a solar lunch; the solar Amendment coming up for vote and noted this is the first time a Cape Canaveral City Council Meeting is being videotaped. Council Member Brown stated he attended the Brevard County Commission Meeting for the Indian River Lagoon issue on August 9, 2016 and asked Commissioner Barfield how to assure citizens the money will be spent properly. Commissioner Barfield explained there will be a seven- member Oversight Committee, the function of which will be similar to the Brevard County City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2016 Page 4 of 4 Environmentally Endangered Lands (EEL) Program, looking at performance measures. Council Member Brown announced he will be representing the Florida League of Cities next month in Washington D.C. and will express to representatives the importance of the Indian River Lagoon and what needs to be done. Council Member Bond asked Commissioner Barfield if Amendment 1 money would go to the Indian River Lagoon. Commissioner Barfield responded he did not have an answer for that because the Amendment is Legislative,but he noted a lawsuit was filed because Amendment 1 dollars were allegedly not being used the way they should be; since 2014, $450,000 from Amendment 1 did go towards dredging operations, $200,000,000 has been committed to the Everglades for clean-up, annually; he suggested getting a commitment from every candidate running for State House and Senate on where they stand on the issue. Commissioner Barfield indicated the Indian River Lagoon Referendum can be used as leverage for more money, but there are no promises. Council Member Walsh complimented the Brevard County Save our Lagoon Project Plan; City Manager Greene stated a link to the Plan can be found on the City website along with a video for tonight's Meeting. Council Member Walsh thanked Mr. Surprenant for implementing the Community Garden at Patriots Park between Long Point Road and Columbia Drive; she inquired about the Tech Talk the night before. Mr. Surprenant stated this was the fourth class, with eight attendees and explained the Tech Talk program as trying to bridge the gap between citizen access to the City website and calendar among other things; he mentioned the ABC Computer Class is booked until January. Mayor Hoog noted how busy the City is for a small town with the New City Hall, the ballpark infiltration system, the changes to infrastructure at the Wastewater Treatment Plant and the sewer lift stations; City Manager Greene added that the North Atlantic Avenue Streetscape Project is using Brevard County allocated transportation impact fee funding dollars of around $900,000. Mayor Hoog urged anyone who might have ideas they would like to implement to please speak to the appropriate Department Director or call him. He announced he will be out of town for four days to attend the Florida League of Cities Annual Conference. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:44 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY September 6, 2016 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:27 P.M. Council Member Bond led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Members Absent: Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Interim Public Works Services/Community Engagement Director Joshua Surprenant Brevard County Sheriffs Office Lieutenant Don Barker Cape Canaveral Volunteer Fire Department Chief Dave Sargeant Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham PUBLIC PARTICIPATION:None PUBLIC HEARING: 1. Resolution No. 2016-17; adopting a proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Hoog and City Manager Greene briefly summarized Resolution No. 2016-17. City Manager Greene stated the City Council will adopt the final millage rate later in September. City Attorney Garganese read the Resolution title into the record. No comments were received during the Public Hearing. A City of Cape Canaveral, Florida City Council Special Meeting September 6, 2016 Page 2 of 3 motion was made by Council Member Bond, seconded by Council Member Brown, to approve Resolution No. 2016-17. The motion carried 3-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin,Absent and Mayor Pro Tem Walsh,Absent. 2. Ordinance No. 03-2016; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017; providing for an effective date, first reading: City Attorney Garganese read the Ordinance title into the record. The Public Hearing was opened. No comments received and the Public Hearing was closed. A motion was made by Council Member Brown, seconded by Council Member Bond,to adopt Ordinance No.03-2016. The motion carried 3-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin,Absent and Mayor Pro Tem Walsh, Absent. NEW BUSINESS: 3. Authorize the City Manager to engage a Hearing Officer to consider the appeal to Variance No. 2016-02 and make recommendations to the City Council: City Manager Greene explained the circumstances surrounding Variance No. 2016-02 regarding the side yard setback at 127 Oak Lane approved unanimously by the Board of Adjustment for applicant Sheropa, LLC and the appeal requested by Mr. Bernard Lennon of 126 Oak Lane; Staff recommended City Council allow City Manager Greene to engage the services of a Hearing Officer to hold a Public Hearing allowing both parties to present evidence and viewpoints pertaining to the Variance decision. City Manager Greene stated that, due to allegations and concerns that have been addressed to the City Council as well as Staff, the best process would be to engage a Hearing Officer to hear testimony, submit a report and recommend appropriate action for City Council; consistent with the City Code, City Council would make the final determination regarding the appeal. City Manager Greene stated the Hearing Officer would be an independent party who, at this point, has not been chosen. Mayor Hoog read aloud the name on a Speaker Card submitted by Alicia Spring of 122 Oak Lane, to which she stated she was satisfied and had nothing to say. Discussion ensued and included:whether the issue could be resolved prior to this action; it would not be appropriate for City Council to try to resolve the differences because this is a quasi-judicial matter; the number of parties involved, the disagreement over surveys that were conducted and the City's reliance upon the survey submitted for that particular address when the building permit was issued; and how it is best to have an independent party make a recommendation on the appropriate action.A motion was made by Council Member Bond, seconded by Council Member Brown, to authorize the City Manager to engage a hearing officer to consider the appeal to Variance No. 2016-02. The motion carried 3-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, Absent and Mayor Pro Tem Walsh,Absent. REPORTS: None City of Cape Canaveral, Florida City Council Special Meeting September 6, 2016 Page 3 of 3 ADJOURNMENT: There being no further business, the Meeting adjourned at 5:44 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 2/20/2016 Item No. 2 Subject: Resolution No. 2016-18; appointing Members to the Board of Adjustment, Community Appearance Board and Library Board of the City of Cape Canaveral and reappointing Members to the Board of Adjustment, Code Enforcement Board and Culture & Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Joseph Tichich, Jalinda Coudriet, Evan Weisfeldt, George Sweetman, James Hale, Gene Petre and Douglas Raymond) Department: Legislative Summary: Mr. Tichich was interviewed at the August 23, 2016 Board of Adjustment Meeting to fill a vacancy, where the Board unanimously recommended his appointment. Ms. Coudriet was interviewed at the July 28, 2016 Community Appearance Board Meeting to fill a vacancy, where the Board unanimously recommended her appointment. Mr. Weisfeldt was interviewed at the August 11, 2016 Library Board Meeting to fill a vacancy, where the Board unanimously recommended his appointment. The terms for Board of Adjustment Member George Sweetman, Code Enforcement Board Member James Hale and Culture & Leisure Services Board Members Gene Petre and Douglas Raymond will end October 1,2016. Each Board Member expressed a desire to continue serving on their respective Boards for an additional three year term (Attachment 1). Mr. Sweetman has been serving since January 2009, Mr. Hale since March 2002, Mr. Petre since May 2003 and Mr. Raymond since March 2010. Following completion of their second terms,these Appointees may be eligible for reappointment to their respective boards for additional terms, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. It is now incumbent upon the City Council to appoint and reappoint each to their respective boards. Submitting Department Director: Mia Goforth Signature Date: 9/9/2016 Attachments: (1) Expiration Notices. (2) Resolution No. 2016-18. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 9/8/16 ?5 A The City Manager recommends that City Council take the following action: Adopt Resolution No. 2016-18. Approved by City Manager: David L. Greene Signature Date: 9/8/16 Attachment 1 [City Seal] CITY OF CAPE CANAVERAL August 8,2016 George J. Sweetman 7200 Poinsetta Avenue Cape Canaveral,FL 32920 Dear Mr. Sweetman: Your term on the Board of Adjustment will expire on October 1, 2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped,self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for September 20, 2016 (your presence at which is not required). ✓ I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) GEORGE J. Sweetman, Board Member Sincerely, Signature Mia Goforth, City Clerk End: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org [City Seal] City of Cape Canaveral August 8,2016 James C. Hale 110 Washington Ave Cape Canaveral,FL 32920 Dear Mr. Hale: Your term on the Code Enforcement Board will expire on October 1,2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for September 20, 2016 (your presence at which is not required). ✓ I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) James C. Hale, Board Member Sincerely, Signature Mia Goforth City Clerk End: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX (321) 868-1248 wwwcityofcapecanaveral.org • email:info@cityofcapecanaveral.org [City Seal] CITY OF CAPE CANAVERAL August 8,2016 Gene Petre 8487 Ridgewood Ave Cape Canaveral,FL 32920 Dear Mr. Petre: Your term on the Culture and Leisure Services Board will expire on October 1,2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for September 20, 2016 (your presence at which is not required). ✓ I DO wish to be considered for reappointment. I DO NOT wish to be considered for reappointment. (Signature) GENE PETRE, Chairperson Sincerely, Signature Mia Goforth City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org [City Seal] CITY OF CAPE CANAVERAL August 8,2016 Douglas Raymond 7048 Sevilla Court,#202 Cape Canaveral, FL 32920 Dear Mr. Raymond: Your term on the Culture and Leisure Services Board will expire on October 1,2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for September 20, 2016 (your presence at which is not required). ✓ I DO wish to be considered for reappointment. I DO NOT wish to be considered for reappointment. (Signature) DOUGLAS RAYMOND, Vice Chairperson Sincerely, Signature Mia Goforth City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Attachment 2 RESOLUTION NO. 2016-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT, COMMUNITY APPEARANCE BOARD AND LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL AND REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD AND CULTURE & LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 2-256 established a Board known as the Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture & Leisure Services Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 46-26 established a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint and reappoint Members to said Boards. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Boards pursuant to Section 2-171(e) of the Cape Canaveral City Code,the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Boards indicated below: Joseph Tichich shall be appointed to the Board of Adjustment, to serve until October 1, 2019. Jalinda Coudriet shall be appointed to the Community Appearance Board, to serve until May 1, 2019. City of Cape Canaveral Resolution No. 2016-18 Page 1 of 3 Evan Weisfeldt shall be appointed to the Library Board, to serve until October 1, 2019. Following the completion of their first terms, these appointees shall be eligible for reappointment to their respective boards for one additional term, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Reappointments to City Advisory Boards pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Boards indicated below: George Sweetman shall be reappointed to the Board of Adjustment, to serve until October 1, 2019. James Hale shall be reappointed to the Code Enforcement Board, to serve until October 1, 2019. Gene Petre and Douglas Raymond shall be reappointed to the Culture & Leisure Services Board, to serve until October 1, 2019. Following completion of their second terms, these appointees may be eligible for reappointment to their respective Boards for additional terms,if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of September, 2016. (Signature page follows) City of Cape Canaveral Resolution No. 2016-18 Page 2 of 3 Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-18 Page 3 of 3 1/4 City of Cape Canaveral 41 4w1 co r_,_'' ' 4 City Council Agenda Form City Council Meeting Date: 09/20/2016 Item No. 3 Subject: Resolution No. 2016-19; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: The City of Cape Canaveral Volunteer Fire Department,Inc. (CCVFD)entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract which extends through September 30, 2034. Under the Addendum put forth,the parties agree as follows: 1. The City and CCVFD entered into a Contract for Services dated September 25, 2007 which expires September 30, 2034; 2. The Contract provides that the City and CCVFD shall renegotiate the base contract each year after the first year; 3. The parties have agreed to keep the same base annual Contract price for the 2016/17 year of$1,722,586,payable at$143,548.83 monthly,unchanged from the previous year. The total cost for services from CCVFD for the fiscal year, including Capital,is$1,784,586. The total budget for the fiscal year is $1,979,598, which includes fire hydrant fees, postage and plan review fees. 4. Paragraph 23 of the Contract is amended to comply with recent amendments to Section 119.0701, Florida Statutes. Submitting Department Director: Mia Goforth/1 •0;f Date: J?)) 6 Attachment: Resolution No. 2016-19 with Addendum. Financial Impact: As put forth in the City's 2016-2017 Annual Budget and reflected in the 2016-2017 Contract Addendum, the City agrees to pay CCVFD the base annual Contract price of$1,722,586 payable in monthly installments of$143,548.83; Staff time to prepare this Item. Reviewed by Administrative/Financial J ht Services Director: John DeLeo , Date: 1 The City Manager recommends that City Council ke the following action: Adopt Resolution No. 2016-19. Approved by City Manager: David L. Greener Date: g/3 ill` RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department,Inc. shall renegotiate the base contract each year after the first contract year. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2016 through September 30, 2017. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2016. (Signature page follows) Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-19 Page 2 of 2 Resolution No.2016-19 Attachment ADDENDUM THIS ADDENDUM is entered into this 20th day of September, 2016 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007("Contract"),which Contract is for a term of twenty-seven(27) years; and WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base contract price for each year of the Contract after the first year; and WHEREAS,the parties have agreed to a revised Contract price for the period October 1, 2016 through September 30, 2017. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of$1,722,586. The compensation provided for herein shall be paid monthly in the sum of$143,548.83 per month commencing on the first day of October, 2016 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually. 3. Public Records Revision. Paragraph 23 of the Contract is amended to read as follows: "Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software,writings or other material(s),regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software,writings or other material(s),regardless of the physical form, characteristics, or means of transmission of CONTRACTOR are subject to the Cape Canaveral Volunteer Fire Department Addendum to Contract 2016/2017 Page 2 of 3 provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the CITY CLERK does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time,the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement,the court may assess and award against CONTRACTOR the reasonable costs Cape Canaveral Volunteer Fire Department Addendum to Contract 2016/2017 Page 3 of 3 of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,by its duly authorized officer,has executed this instrument this 20th day of September, 2016. CITY OF CAPE CANAVERAL, FLORIDA ATTEST: a Municipal Corporation By: Mia Goforth, CMC, Bob Hoog, MAYOR CITY CLERK (Corporate Seal) IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has executed this instrument this day of September, 2016. CAPE CANAVERAL VOLUNTEER FIRE ATTEST: DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation Secretary By: (Corporate Seal) Dave Sargeant, FIRE CHIEF "°• City of Cape Canaveral City Council Agenda Form %Err— City Council Meeting Date: 09/20/2016 Item No. 4 Subject: Resolution No. 2016-20; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2015 for BCSO to provide Municipal Law Enforcement Services to the City, via Resolution No. 2015-14 (Attachment 1). The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; now in the second year of a two year term ending September 30, 2017. Under the addendum put forth, the parties agree the compensation to be paid by the CITY to BCSO for Fiscal Year 2016/2017 shall be the sum of$2,491,000. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of$207,583.33 payable on or before the first day of each month. This represents the total contract price of $2,619,000 minus $128,000 credit for services provided to Avon-by-the Sea for a net pay cost of$2,491,000 for FY 2016/2017. The addendum also amends Article XXII of the Agreement to comply with recent amendments to Section 119.0701, Florida Statutes. Submitting Department Director: Mia Gofort Signature Date: i0/306 Attachments: (1)Resolution No. 2015-14 with Agreement. (2) Resolution No. 2016-20 with Addendum. Financial Impact: As reflected in the City's 2016/2017 Proposed Annual Budget and in the addendum to the BCSO Agreement, the compensation to be paid by the City to BCSO shall be $2,619,000 less $128,000 credit for Avon-By-The-Sea for a net cost of $2,491,000 for FY 2016/2017. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 8/29/16 The City Manager recommends that City Council to take the following action: Adopt Resolution No. 2016-20. Approved by City Manager: David L. Greene Signature Date: 8/29/16 Attachment 1 RESOLUTION NO.2015-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS,said Contract contains a two(2)year term commencing on October 1,2015 and ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County,Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1,2015 through September 30,2017. A copy of said agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 22nd day of September,2015. [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor [Signature] Attest: Angela M. Apperson, City Clerk [Signature] Name For Against John Bond Second Bob Hoog X Buzz Petsos Motion Rocky Randels X Betty Walsh Absent Approved as to Form: Anthony A Gargansese, City Attorney [Signature] Resolution No.2015-14 I'I Attachment CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2015/2016—FY 2016/2017 This Agreement made and entered into this 22nd day of`September , 2015 by and between the City of Cape Canaveral,a municipality,chartered in the State of Florida,by and through its elected City Council,hereinafter referred to as the"CITY", and Wayne Ivey,in his capacity as the Sheriff of Brevard County,Florida,a county constitutional officer and a county charter officer,hereinafter referred to as the"SHERIFF" or"BCSO". WITNESSETH WHEREAS,the CITY is located within Brevard County, Florida; and WHEREAS,the CITY is desirous to contract its law enforcement services to SHERIFF; and WHEREAS,BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement,the receipt and legal sufficiency of which are hereby acknowledged,the parties hereby agree as follows: ARTICLE I,DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services,discipline of the personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 2. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year,i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 3. Effective Date: October 1, 2015. 4. Fiscal Year: A period of time beginning on October 1st of the designated year and ending September 30th of the following year. 5. Service: Comprehensive professional law enforcement and protection on a twenty-four (24)hour per day basis, except hereinafter stated,including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro-active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. City of Cape Canaveral Resolution No.2015-14 Law Enforcement Contract Attachment Fiscal Year 2015-2016 and 2016-2017 Page 2 of 11 6. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee)based on operational needs. 7. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. ARTICLE II,LEVEL OF LAW ENFORCEMENT SERVICE: As an accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Orders. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department,to the extent and in the manner hereinafter described: 1.Provide 24-hour law enforcement services to CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Commanding Officer(shared position with CPA) 4 Lieutenant(shared position with CPA) 5 Sergeants (shared position with CPA) 14 Deputies City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 3 of 11 3 General Crimes Agents (shared position with CPA) 1 School Resource Officer(SRO) at Cape View Elementary 1 Traffic Enforcement Corporal 2 Special Investigations Agent (shared position with CPA) 1 Administrative Assistant 1 Public Service Aides 2 Office Assistants/Desk Officers 1 Crime Analyst (shared position with CPA) 1 Patrol Support Specialist (shared position with CPA) 1 IT Specialist (shared with position CPA) 1 Communications Officer 1 Records Technician (shared position with CPA) 1 Mechanic (shared position with CPA) 1 HR Officer 5. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE III,LAW ENFORCEMENT AND ANCILLARY SERVICES: Law Enforcement Services shall include the law enforcement related functions and duties to be performed by SHERIFF and shall encompass duties and functions under the jurisdiction of and customarily rendered by SHERIFF under state statutes. Those duties shall include, but are not limited to, receiving and dispatching calls for service, investigating criminal complaints, crimes and security breaches, trespass, burglary, theft, homicide, drug offenses, assaults, fraud, missing persons, special event details, enforcement operations and related services such as polygraph, evidence management, report/record maintenance, etc. Ancillary services not specifically identified within this Agreement shall be made available to CITY at no additional charge to the Agreement Consideration.Those ancillary services shall include,but are not limited to,emergency response, Canine (K-9) patrol, explosive ordnance disposal, intelligence functions, mounted patrol, aviation, technical support, street crimes enforcement, multi-agency task force operations, victim services, DUI enforcement, marine/dive team, SWAT team response,major investigations, crime scene investigators, crime prevention programs, public awareness programs, drug enforcement,money laundering enforcement, and the continuity of staff and Support Services. City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 4 of 11 ARTICLE IV,MAINTENANCE OF ABILITY: All Capital Equipment urchased by SHERIFF for use in the performance of this Agreement shall it remain in the exclusive control of SHERIFF. Ownership of such equipment shall remain with SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement shall remain with CITY. Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds,the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, re ardless of acquisition date for funding used to acquire it, shall remain with BCSO. CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by CITY for use by SHERIFF, CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and,pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V,EMPLOYMENT RESPONSIBILITY: All persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of CITY for the purpose of pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI,EMPLOYMENT RIGHT OF CONTROL: SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who,by mutual agreement of the City Manager and the Sheriff,fails to perform in a manner consistent with standards contemplated herein. 2. CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with SHERIFF; City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 5 of 11 provided, however, BCSO agrees that it will cooperate with CITY so as to concentrate its efforts in particular areas or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII, CONSIDERATION: 1. The compensation to be paid by CITY to BCSO for Fiscal Year 2015 — 2016 shall be the sum of $2,619,000 for Contract Services. The fee amount to be paid for contract services of$2,619,000 less credit for Avon-by-The-Sea of$128,000 totals $2,491,000. 2. Payments shall be made to BCSO by CITY in twelve equal monthly installments of $207,583.33 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between CITY and SHERIFF. 4. Written agreement as to the compensation paid by CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year,plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should CITY desire that the SHERIFF provide services at a higher level than contemplated herein, CITY, through its City Manager, may negotiate with SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. 7. Cost of Investigation funds received by BCSO shall be remitted to CITY on a quarterly basis. ARTICLE VIII, SPECIAL EQUIPMENT PROVISO: BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral", prominently displayed on Patrol Units. ARTICLE IX,NATURAL DISASTERS AND EMERGENCY OPERATIONS: 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between CITY and SHERIFF, CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by SHERIFF, and employees in all precincts/offices performing non-essential functions on a county-wide basis City of Cape Canaveral Resolution No.2015-14 Law Enforcement Contract Attachment Fiscal Year 2015-2016 and 2016-2017 Page 6 of 11 are granted paid administrative leave by SHERIFF to return home,those employees of SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non-essential employees of SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: (1) Employees of SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of SHERIFF who are required to work during the recovery effort period, as established by SHERIFF shall be paid time and one half for all hours worked during the recovery effort period. (c)Employees of SHERIFF who are on a pre-approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X, GRANTS: SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. CITY shall be responsible for the application, administration and disposition of any and all such grants. ARTICLE XI, INSURANCE: SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by CITY. City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 7 of 11 2. CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by CITY to SHERIFF and shall name SHERIFF as an additional insured, at no cost to SHERIFF. 3. CITY assumes all risk of loss not covered by insurance. ARTICLE XII, FORFEITURE FUNDS: 1. SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within CITY. 2. Proceeds, including monies, collected by SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: (a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of CITY,upon forfeiture,will be awarded to CITY, less the attorney fees and other direct costs of the forfeiture proceeding. Such proceeds awarded to CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within CITY. (b)Proceeds exceeding$50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to CITY; and, (2) Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation. Such proceeds awarded to CITY shall be utilized for law enforcement services,as specified by Section 932.7055,Florida Statutes,within the CITY. (c)Proceeds exceeding$10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County assigned to the operation. Such proceeds awarded to CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within CITY. 3. If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of CITY, CITY shall advance all legal costs related to the forfeiture. Should CITY refuse to advance such costs, SHERIFF may elect to fund the legal costs of the forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of SHERIFF. 4. SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by SHERIFF will be made to CITY by BCSO on a quarterly basis. City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 8 of 11 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of SHERIFF. ARTICLE XIII,TRAINING: CITY upon request of SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV,HOLD HARMLESS CLAUSE: CITY and SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits,trespasses,judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees,officers or agents of the other,whether occurring before or after CITY and SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV, DISPUTES AND DISAGREEMENTS: During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically,in writing,by the party-claiming dispute. Thereafter,the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI, NOTICE: Notices, claims and any other matter requiring written communication to a party shall be given as follows: To the SHERIFF: Brevard County Sheriffs Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To the CITY: City of Cape Canaveral Attn: City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 City of Cape Canaveral Law Enforcement Contract Resolution No.2015-14 Fiscal Year 2015-2016 and 2016-2017 Attachment Page 9 of 11 ARTICLE XVII, TERM OF AGREEMENT: This Agreement contains a two (2) year term commencing on October 1, 2015 and ending September 30, 2017, and provides City and Sheriff shall renegotiate the contract price each year for the term of the contract. ARTICLE XVIII,MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX,TERMINATION: Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX,LEGALITY OF AGREEMENT: Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI,TOTALITY OF AGREEMENT: This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between City and Sheriff as to the subject matter hereof. ARTICLE XXII, PUBLIC RECORDS: In accordance with section 119.0701, Florida Statutes, Sheriff agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by CITY pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. SHERIFF agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by CITY in order to perform the services required by this Agreement. SHERIFF also agrees to provide the public with access to public records on the same terms and conditions that CITY would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. SHERIFF shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, SHERIFF shall meet all requirements for retaining public records and transfer, at no cost,to CITY all public records in possession of SHERIFF upon termination of this Agreement and destroy any City of Cape Canaveral Resolution No.2015-14 Law Enforcement Contract Attachment Fiscal Year 2015-2016 and 2016-2017 Page 10 of 11 duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, except to the extent that SHERIFF as a Florida county constitutional officer is required to retain and maintain any and all such public records. All records stored electronically must be provided to CITY in a tbrmat that is compatible with the information technology systems of the CITY. If SHERIFF does not comply with a public records request, CITY shall have the right to enforce the provisions of this Paragraph. In the event that SHERIFF fails to comply with the provisions of this Paragraph, and CITY is required to enforce the provisions of this Paragraph. or CITY suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to SHERIFF'S failure to comply with the provisions of this Paragraph, CITY shall be entitled to collect from SHERIFF prevailing party attorney's lees and costs, and any damages incurred by CITY, for enforcing this Paragraph against SHERIFF. And. if applicable, CITY shall also be entitled to reimbursement of any and all attorney's fees and damages which CITY was required to pay a third party because of SHERIFFS failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Signature of B.S. Canada Signature of Wayne Ivey, Sheriff Approved as to form and content: Signature of Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: 9/25/15 [CITY SEAL] OFFICIAL City of Cape Canaveral Law Enforcement Contract Fiscal Year 2015-2016 and 2016-2017 Page 11 of 11 Resolution No. 2015-14 Attachment Attest: Signature of Angela Apperson, MMC City Clerk Mayor of the City of Cape Canaveral Signature of Rocky Randels, Mayor Approved as to form and content: Anthony A. Garganese, City Attorney City of Cape Canaveral Date: 9-22-2015 Attachment 2 RESOLUTION NO. 2016-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2015 and ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the agreement. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an addendum for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2016 through September 30, 2017. A copy of said addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2016. (Signature page follows) Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-20 Page 2 of 2 Resolution No.2016-20 ADDENDUM Attachment CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDENDUM is entered into this 20th day of September, 2016, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer, (hereinafter called the "Sheriff' or`BCSO"). WHEREAS,the Sheriff currently provides for municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2015-14, as may be amended from time to time, (hereinafter"Agreement"); and WHEREAS, the Agreement contains a two (2) year term commencing October 1, 2015 and ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the compensation to be paid by the City to BCSO each year for the term of the contract; and WHEREAS, the Agreement requires that written agreement as to the compensation paid by the CITY to BSCO for each year be in force by October 1st of the affected year, or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the fiscal year and after the City approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the City to BCSO for fiscal year 2016/2017 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2016/2017; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2016/2017 shall be the sum of$2,491,000. Payments shall be made to BCSO by the City in twelve equal monthly installments of$207,583.33 payable on or before the first day of each month. 3.0 Article XXII of the Agreement is amended to read as follows: "Pursuant to Section 119.0701,Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the 1iPage CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868- 1220, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the CITY CLERK does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10,Florida Statutes.The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement,including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and 21 Page conditions set forth in this Section shall survive the termination of this Agreement." 4.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 5.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: BCSO: CITY OF CAPE CANAVERAL WAYNE IVEY, SHERIFF OF BREVARD COUNTY,FLORIDA Bob Hoog, Mayor Wayne Ivey, Sheriff Date: Date: ATTEST: Mia Goforth, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, City Attorney Date: 31 Page [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/20/2016 Item No. 5 Subject: Approve the Preliminary Plat for property located at 350 Monroe Avenue—Cape Park Townhomes. Department: Community Development Summary: The Applicant, Antonio Romano, is requesting a Preliminary Plat associated with the redevelopment of the property located at 350 Monroe Avenue (Attachment 1). The request would replat two (2) lots into five(5) lots to facilitate future sales (Attachment 2). The property is zoned R-2. The Project includes demolition of legacy structures and construction of five townhomes. The proposed lots will be 20 feet wide and 124 feet in depth with drainage swales to capture stormwater on-site. The Project is required to meet zoning standards established in Division 7 of Chapter 110 of the City Code. Three offstreet parking spaces are provided for each unit. Chapter 98, Article II of the City Code spells out the process by which the City will review and approve a Preliminary Plat. In general, the process consists of three steps: 1 —Staff conducts a pre-application meeting with the Applicant to determine if the application is adequate; 2 —the Planning&Zoning Board holds a public meeting and makes a recommendation on the proposed Preliminary Plat, 3 — the City Council holds a public hearing and takes final action on the request. Consistent with Chapter 98-36 of the City Code, a pre-application conference was held with City Staff on March 18, 2015, to discuss the Project requirements of the City's approval process. Sec. 98-41 of the City Code outlines the required information that must be submitted as part of the application for preliminary plat approval, which includes: a) completed application b) preliminary plat consistent with F.S. Chapter 177 c) topographic survey d) photos of the tract e) filing fee f) current title opinion The platting process is divided into two steps, preliminary and final. Once the City Council approves the Preliminary Plat and prior to the issuance of a Certificate of Occupancy, a Final Plat application shall be submitted for review and approval. The Final Plat approval process is similar to the Preliminary Plat process in that the P&Z Board will make a recommendation to the City Council who will approve the Final Plat via resolution. Attached is a memo dated August 30,2016 from City Engineer John Pekar,P.E.,recommending approval of the Preliminary Plat. The City Attorney's Office has also reviewed the submitted materials for consistency with applicable rules/regulations.At its June 8,2016 Regular Meeting, the P&Z Board recommended approval of the Preliminary Plat. Submitting Director: David Dickey Signature Date: 9-6-16 City Council Meeting Date: 9/20/2016 Item No.: 5 Page 2 of 2 Attachments: 1 - Location Map 2 -Application-February 1, 2016 3 -John Pekar, P.E. Memo-August 30, 2016 4 -Title Opinion-August 4, 2016 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial GWc2' Services Director: John DeLeo Signature Date:9/6/16 The City Manager recommends that City Council take the following action: Approve the Preliminary Plat property located at 350 Monroe Avenue-Cape Park Townhomes. Approved by City Manager: David L. Greene Signature Date: 9/6/16 Attachment #1 Location Map Ariel photo of preliminary plat. Attachment #2 City of Cape Canaveral Preliminary and Final Plat Information Sheet Date of Submittal: 2/1/16 Project name: Cape Park Townhomes Project address (if not available, provide general location) 350 Monroe Ave Cape Canaveral FL 32920 Legal description (attach legal) Lots 14 and 15, Block 21, Avon-By-The-Sea, a subdivision according to the plat thereof recorded at Plat Book 3, Page 7, Public Records of Brevard County, Florida FLU and Zoning designations: Owner(s) name: Antonio Romano Owner(s) address: 1956 Crosshair Circle, Orlando, FL 32837 Phone number(s): 321-438-3345 Email(s): antonioromano@gmail.com If applicant is not owner, a completed Power of Attorney form is required. Applicant name: Antonio Romano Wayne Wright Applicant Address 1956 Crosshair Circle, Orlando FL 32837 3700 S. Washington Ave. Titusville, FL Applicant phone number(s): 321-438-3345 321-267-6273 Applicant email(s): antonioromano@gmail.com wayne@honeycutl.cc Signature (owneror applicant): Signature Prelim.& Final Plat App 1/2015 4 Attachment #3 Company Logo JOHN A. PEKAR, P.E., LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral,FL 32920 Office Phone:321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@gmail.com RoniFlowe roniflowe@gmail.com Office Manager Cell Phone: 321-403-9899 August 30, 2016 TO: Dave Dickey; Patrice Huffman FROM: John A. Pekar, PE SUBJECT: 350 Monroe Ave. Townhomes Preliminary Plat Review We have reviewed the preliminary plat for 350 Monroe Ave. Townhomes and recommend approval to the City Council. Sincerely, Signature John A.Pekar,P.E. City Consulting Engineer JAP:rmf RANDALL C. SMITH, PA Attachment #4 ATTORNEY&COUNSELOR AT LAW 533 VERSAILLES DRIVE,SUITE 100 MAITLAND,FLORIDA 32751 (407)599-0002 (407)599-11 18 Facsimile August 4, 2016 Community Development Department City of Cape Canaveral 110 Polk Avenue Cape Canaveral, Florida 32920 Re: Title Opinion- LOTS 14 AND 15, BLOCK 21 AS SHOWN ON THE PLAT OF AVON-BY-THE-SEA, PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THE PERIMETER OF WHICH BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST OF SAID LOT 15, THENCE ON A BEARING OF WEST, ALONG THE SOUTH LINE OF SAID LOTS 14 AND 15, A DISTANCE OF 99.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N.01°43'26"E., ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 124.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE S.89°55'57"E., ALONG THE NORTH LINE OF SAID LOTS 14 AND 15 A DISTANCE OF 99.98 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE S.01°43'26"W., ALONG THE EAST LINE OF SAID LOT 15, A DISTANCE OF 124.15 FEET TO THE POINT OF BEGINNING. Containing 0.28 acres more or less. Dear Sir or Madam: This opinion letter is furnished to the City pursuant to F.S. §177.041. I am an attorney duly licensed to practice before the Florida Supreme Court. Based upon a title examination undertaken by Old Republic National Title Insurance Company, File No. 15124349, record title to the referenced parcel is vested in Antonio Romano. The subject property is encumbered by the following mortgage instruments: Mortgage and Security Agreement from Antonio L. Romano to Sunrise Bank, dated August 14, 2015 and recorded.August 17, 2015 in O.R. Book 7432, Page 906, together with Assignment of Rents, Leases and Profits recorded in O.R. Book 7432, Page 932, and UCC Financing Statement recorded in O.R. Book 7432, Page 937. Very truly yours, Signature Randall C. Smith [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2016 Item No. 6 Subject: Waive the competitive bidding process for the purpose of extending the term of the existing contract, approve the Ninth Addendum to Professional Services Agreement for Fertilization,Insect,Disease,Weed Control and Pest Control Services in the amount of$47,604 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Works Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's Spray Service, Inc. in 2010. In general, Staff is very pleased with the services provided by Black's. Black's proposed unit prices for grounds, weed and pest control and facilities pest control have not been increased for FY2016-2017. However, additional fees ($6,350) have been added to perform services in the North Atlantic Avenue corridor upon completion of the City's streetscape project. The total cost for all services is $47,604. Bid tab sheets detailing the proposed costs and services to be provided by Black's for FY2016-2017 are included as Exhibit "1"to the Attachment. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "(t)he parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." The Eighth Addendum provides for the current one-year extension period, which is set to expire on September 30,2016. The proposed Ninth Addendum provides for the last previously-authorized one-year extension period, which is set to expire on September 30, 2017. As there are no additional extensions otherwise referenced by the Eighth Addendum, Staff is requesting that the City Council waive the competitive bidding process for the purpose of extending the contract for additional terms. Specifically, the proposed Ninth Addendum (Attachment) would extend the contract for an additional one-year term from October 1,2016 through September 30, 2017, and would also give the parties the option to extend the term of the Agreement for one (1) additional subsequent year period upon mutual written agreement. Submitting Department Director: Joshua Surprenant Signature Date: 9/9/2016 Attachment: Ninth Addendum to Professional Services Agreement(Exhibit"1"of Ninth Addendum is the FY2016-2017 Bid Tab Sheets) Financial Impact: $47,604 with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 9/7/16 The City Manager recommends that City Counc' take the following action: Waive the competitive bidding process for the purpose of extending the term of the existing contract, approve the Ninth Addendum to Professional Services Agreement for Fertilization, Insect, City Council Meeting Date: 09/20/2016 Item No. 6 Page 2 of 2 Disease, Weed Control and Pest Control Services in the amount of$47,604 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Approved by City Manager: David L. Greene Signature Date: 9/7/16 Attachment Ninth Addendum to Professional Services Agreement (Exhibit "1" of Ninth Addendum is the FY2016-2017 Bid Tab Sheets) NINTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS NINTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Ninth Addendum") is made and entered this day of , 2016 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, is scheduled to terminate on September 30, 2016; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Ninth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein,the City and Contractor hereby agree as follows: ARTICLE 1 - RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 - EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2016 and terminating on September 30, 2017. The parties shall have the option to extend the term of this Agreement for one (1) additional year period. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Ninth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service,Inc. Page 1 of 5 ARTICLE 3 -PUBLIC RECORDS The Public Records provision, provided as Article 3 of the Sixth Addendum to Professional Services Agreement, is hereby deleted in its entirety and replaced with the following language: Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Contractor agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of Contractor related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of City or the Contractor. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Contractor are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS CITY CLERK, AT (321) 868-1220, 105 POLK AVENUE. CAPE CANAVERAL, FL 32920. Contractor is required to and agrees to comply with public records laws. Contractor shall keep and maintain all public records required by City to perform the services as agreed to herein. Contractor shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, Contractor shall transfer to City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt Ninth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service,Inc. Page 2 of 5 from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Contractor shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from the City Clerk, in a format that is compatible with the information technology systems of City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time, the Contractor may be subject to penalties under Section 119.10, Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Contractor to compel production of public records relating to this Agreement, the court may assess and award against Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. ARTICLE 4- PAYMENT OF CONTRACTOR Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $47,604.00 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "1" Ninth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service, Inc. Page 3 of 5 Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 5 -NOTICE Article 26 of the Agreement, which addresses notice, is hereby amended to replace the name of a former City Manager, Bennett Boucher, with the name of the current City Manager, David L. Greene. Article 26 of the Agreement is further amended to replace the name of a former Public Works Director, Walter Bandish, with the name of the current Interim Public Works Services Director, Joshua Surprenant. The remainder of Article 26 of the Agreement shall remain unchanged. ARTICLE 6- OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Ninth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh or Eighth Addenda, shall remain in full force and effect. [Remainder ofpage intentionally left blank. Signature page follows] Ninth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service, Inc. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Ninth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, City Clerk CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. WITNESSES: By: Carlos S. Boyer, President Print Name: Print Name: Ninth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service, Inc. Page 5 of 5 Exhibit "1" Ninth Addendum [Chart] City of Cape Canaveral Chemical Applications BID TAB SHEET Application Areas Unit Cost Timers Per Year Total Cost Address/Notes A City Hall, Sheriff's Annex, Bldg Dept, Library City Hall - 105 Polk Ave. Turf Applications (Granular/Liquid) $165.00 6 $990.00 Annex - 111 Polk Ave. Ornamental Fertilization (Granular) $200.00 2 $400.00 Bldg Dept - 7510 N Atlantic Ave. Tree Fertilization (Granular) $80.00 2 $160.00 Bldg Dept - 7510 N Atlantic Ave. Herbicide Applications $120.00 10 $1,200.00 Library - 201 Polk Ave. Facilities Pest Control $620.00 6 $3,720.00 City Hall - $55X6; Sheriff's Annex - $65X6; Bldg $60X6; Rec Ctr - $65X6; Canaveral Park -$145X6; Manatee Park - $50X6; Public Works - $125X6; Streets - $55X6 B Recreation Complex 7300 N Atlantic Ave. Turf Applications (Granular/Liquid) $105.00 6 $630.00 Ornamental Fertilization (Granular) $120.00 2 $240.00 Tree Fertilization (Granular) $30.00 2 $60.00 Herbicide Applications $75.00 10 $750.00 C Xeriscape Park Herbicide Applications $ - 10 $ - South Side of City Hall 105 Polk Ave. between Polk and Taylor Avenues D Veteran's Memorial Park Turf Applications (Granular/Liquid) $30.00 6 $180.00 Adjacent to Library 201 Polk Ave. Ornamental Fertilization (Granular) $45.00 2 $90.00 Herbicide Applications $30.00 10 $300.00 Page 1 of 8 aj -a 15 c a r is u W 6 O 9 0 a ixQ 'a T c to Z: c C 0 C c 60 01 ti,.0 C iia W c ti to p tt r g a W re QZ > i c . w CO 3 Ca w 110 ` a a o O O O O O 0 0 0 a 0a a s CO 0 0 0 0 0 0 0 0 0 a a a 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 o N. ni Cr CO r Or to W N N 0 to l+) ps to o tT N r to Cr, N A a- B r r r N hi- 7_ t r6 th 0 0 0 ~ to 419 09 49 49 69 69 69 49 09 49 64 69 49 69 09 it it W I C o W re U co Q aixo 0 Q a 2 El tO N N O O N N O SO N N 0 ter N N O r V al I-- (1 0 E tb i-• 0 0 0 0 0 0 0 6 a © O 0 0 0 0 0 0 6 0 0 0 a 0 t76 0 a 0 0 0 0 0 V V 0 O lei 6 O 0 tri 6 v) o O o O h tri T C) rte- 1) LO t9 CO O V r` M N 0 N r ' _ Z n 49 49 69 49 49 49 49 49 64 6% 69 69 69 49 64 69.. i , r I C tU as 7 Dra 3 ---). to c 4 Cr —. i a ... 5 J 0 10 0 F, J R N C). 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Department: Public Works Services Summary: This Contract was awarded to SSS Brevard OPCO LLC dba Green Leaf Landscaping & Irrigation (Green Leaf) in August 2015 for providing mowing and landscaping services of City landscaped areas, rights-of-way, Water Reclamation Plant, lift stations and the mowing/slope mowing of the Central Ditch with a contract amount of$182,640. Staff is very pleased with the services provided by Green Leaf. Green Leaf's proposed unit prices have not increased for FY2016/2017. However, $2,400 has been requested to perform additional services including mowing, edging, blowing, trimming, weeding and spraying for weeds in the North Atlantic Avenue corridor upon completion of the City's streetscape project. Communications from Green Leaf, including a project Change Authorization Form, are included in Attachment#1, as well as the BID #2015-09 TAB SHEET which delineates the original scope of services (including unit costs and service areas) of the Professional Services Agreement. (NOTE: The total annual contract amount is typically not billed by Green Leaf due to weather-related disruptions to the mowing schedule.) The Professional Services Agreement between the City and Green Leaf allows for five(5)one- year extensions thereof. The initial Agreement will expire on September 30,2016.The proposed Addendum to Professional Services Agreement is included in Attachment#2: 1. Extends the Professional Services Agreement for one year (from October 1, 2016 to September 30, 2017); 2. Revises the Scope of Services to reflect the additional services and itemized costs thereof; 3. Addresses that upon completion of the new City Hall building, the Contractor shall maintain mowing and trimming services at the new City Hall at no additional cost due to the reduction of mowing and trimming services being done on the City ball fields; 4. Reflects the increased total contract amount of$185,040; and 5. Revises Article 32 to comply with recent amendments to Section 119.0701, Public Records. Submitting Department Director: Joshua Surprenant ) S Date: a/ 15/20/(v Attachments: #1: Green Leaf communication including Project Change Authorization Form, and original BID#2015-09 Tab Sheet(scope of services) #2: Addendum to Professional Services Agreement Financial Impact: $185,040 for Professional Services Agreement for Mowing and Landscaping Services with SSS Brevard OPCO LLC dba Green Leaf Landscaping & Irrigation funded by City Departments. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial q II Services Director: John DeLeo Date: J I> (1b City Council Meeting Date: 09/20/2016 Item No. 7 Page 2 of 2 The City Manager recommends that City Council take the following action: Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$185,040 with SSS Brevard OPCO LLC dba Green Leaf Landscaping & Irrigation and authorize the City Manager to execute same. Approved by City Manager: David L. Greene (9 Date: q f a.ji Attachment #1 Green Leaf communication including Project Change Authorization Form, and original BID #2015-09 Tab Sheet (scope of services) GREEN LEAF LANDSCAPE AND IRRIGATION PROJECT CHANGE AUTHORIZATION FORM August, 25-2016 Office 321-242-1180 City of Cape Canaveral Tom DiEulio Hi Toni,just to update you on changes coming, I have sent a change order for additional mowing of Al A N. project(please see attached file) in addition to changes, when the City hall bldg., is complete we will maintain mowing and trimming at no additional cost due to the reduction of mowing and trimming of work being done on ball fields. This will be a wash. Any questions regarding this please fill free to discuss with Tom our supervisor or call me. Thanks!! Dan Russell Landscape Operations Manager Green Leaf Landscape and irrigation 321-254-1180 office 321-254-3426 fax 321-890-5662 cell illP* \ r` Green Leaf Landscape and Irrigation 321-254-1525 ph. 321-253-3426 GREEN LEAF LANDSCAPE AND IRRIGATION PROJECT CHANGE AUTHORIZATION FORO6 June 17, 2016 Customer Name City of Cape Canaveral Project Sponsor Tom DiEulio Project Name A1A additional Mowing Project Manager Tom/Greenleaf Project Change Mow— Edging -Weeded Responsible City of Cape Canaveral Individuals Requested By Tom DiEulio Estimated Start Date 10-2016 Estimated End Date End of contract DESCRIPTION Additional Mowing of North Atlantic Ave project. Cost for mowing, edging. blowing will be:. Additional cost for mowing; $90 per month Additional Detail work of North Atlantic Ave,trimming of shrubs, weed beds, spray for weeds will be: Additional cost for Detail; $110 per month TOTAL COST OF CHANGES FOR 1 YEAR $ 2,400.00 Dan Russell 08-24-2016 For City of Date For Green Date Cape Leaf Canaveral Landscape 1 __ -o C 0 as Q '� u 0.1' Q > w Q a Q y — = a Y > Q co Q A v c — Q €e — t, b 0 Qa� to 0 c p th c o 0 w t G .4 O c) = L Rn, = ttri Q ii) > c M ; Q ,, a E o. coQ �QO > Ern Yo o ffi c U ❑ c." et.. 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Gs cc _ an a _1 o p 12 2 i ra r4 wIv) O -� O w a IN _ w Q Ce Z O W - > o N o Q > E o � o , a m Q o L W W ¢r w Eli O Z 0 u) J Q w co m OC o wpQCO l CI W Uz a. CC z>- (.!1 C di Z 0 Ea Attachment #2 Addendum to Professional Services Agreement ADDENDUM TO GREEN LEAF LANDSCAPING & IRRIGATION PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2016 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and SSS Brevard OPCO LLC, dba Green Leaf Landscaping & Irrigation, a Florida corporation, whose principal address is 2800 Allen Hill Drive, Melbourne, Florida 32940 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into the August 24, 2015 "Green Leaf Landscaping & Irrigation Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights-of-Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS,the Agreement is scheduled to terminate on September 30, 2016; and WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: SECTION 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. SECTION 2—EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2016 and terminating on September 30, 2017. SECTION 3 -AGREEMENT ADMINISTRATION Article 4 of the Agreement, which addresses agreement administration, is hereby amended to replace the name of a former city Infrastructure Maintenance Superintendent, Lonnie Dunn, with the name of the current Infrastructure Maintenance Superintendent, Tim Carlisle. The remainder of Article 4 of the Agreement shall remain unchanged. Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 1 of 5 SECTION 4—SCOPE OF SERVICES Article 5, Scope of Services,is hereby amended to include the following language: In addition to those costs and service areas provided by Exhibit "A" of the Agreement, Contractor shall provide the following services at the following costs: 1) Additional mowing (mowing, edging and blowing) of North Atlantic Avenue (A 1 A/N. Atlantic Avenue to Welcome Sign at north end of N. Atlantic Avenue by Port) upon completion of the City's streetscape project at $90.00 per month; 2) Additional detail work(trimming of shrubs, weeding of beds and spraying for weeds) of North Atlantic Avenue (Al A/N. Atlantic Avenue to Welcome Sign at north end of N. Atlantic Avenue by Port) upon completion of the City's streetscape project at $110.00 per month; and 3) Upon completion of the new City Hall building, the Contractor shall maintain mowing and trimming services at the new City Hall at no additional cost due to the reduction of mowing and trimming services being done on the City ball fields. SECTION 5—PAYMENT OF CONTRACTOR Article 6 of the Agreement, which addresses payment of Contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $185,040 for the mowing and maintenance of certain landscaped areas of the City and of the Central Ditch, as collectively described in Article 5, Scope of Services, and Exhibit "A" of the Agreement. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. SECTION 6—PUBLIC RECORDS Article 32 of the Agreement, which addresses Public Records, is hereby deleted in its entirety and replaced with the following language: ARTICLE 32 - PUBLIC RECORDS. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Contractor agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of Contractor related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 2 of 5 connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of City or the Contractor. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Contractor are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. Contractor is required to and agrees to comply with public records laws. Contractor shall keep and maintain all public records required by City to perform the services as agreed to herein. Contractor shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, Contractor shall transfer to City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Contractor shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from the City Clerk, in a format that is compatible with the information technology systems of City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time, the Contractor may be subject to penalties under Section 119.10, Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Contractor to compel production of public records relating to this Agreement, the court may assess and award against Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 3 of 5 Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. SECTION 7—NOTICE Article 26 of the Agreement, which addresses notice, is hereby deleted in its entirety and replaced with the following language: All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Joshua Surprenant, David L. Greene,City Manager Interim Public Works Services Director City of Cape Canaveral City of Cape Canaveral PO Box 326 PO Box 326 Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Steve Rose, Owner Green Leaf Landscaping& Irrigation 2800 Allen Hill Drive Melbourne, FL 32940 SECTION S--SOVEREIGN IMMUNITY Article 31 of the Agreement, which addresses sovereign immunity, is hereby deleted in its entirety and replaced with the following language: The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 4 of 5 liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. SECTION 9—OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, CMC, City Clerk CONTRACTOR: SSS Brevard OPCO LLC, dba Green Leaf Landscaping & Irrigation a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 5 of 5 City of Cape Canaveral ti„,4,1' u1r4,\ City Council Agenda Form City Council Meeting Date: 9/20/2016 Item No. 8a Subject: Resolution No. 2016-21; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral,Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Final Millage of 3.5235 mills, which represents a rate below the previous year's rate. This Millage includes two segments: General Government Millage 3.4600 mills Library Dependent Special District 0.0635 mills These rates are identified in the Fiscal Year 2016/17 Proposed Budget. Per"Truth in Millage Compliance",the Ad Valorem Tax rates can be lowered from the proposed rate; however, no tax rate can be increased. The City Council adopted Resolution No.2016-13—Tentative Proposed Millage Rate of 3.5235 on July 19,2016 and Resolution No. 2016-17—Tentative Millage Rate of 3.5235 on September 6, 2016. Resolution No. 2016-21 (attached) is the final approval establishing the Millage Rate for Fiscal Year 2016/2017. Submitting Department Director: John DeLeo Date: 1 3\ \) Attachment: Resolution No. 2016-21 Financial Impact: The adopted Final Millage rate of 3.5235 will provide $3,555,362 in property tax revenue. These revenues are represented in the Proposed FY 2016/17 Budget at a 95% receipt rate and allow for a balanced budget; cost to prepare Agenda Item. Reviewed by Administrative/Financial n (/ � Services Director: John DeLeo Date: `'I X The City Manager recommends that City Council to the following action: Adopt Resolution No. 2016-21. Approved by City Manager: David L. Greene 0"3)4- Date: 1/9, //4 RESOLUTION NO. 2016-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2016/2017 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total final millage for all City operating purposes is 3.5235 mills on the dollar of taxable value for the 2016/2017 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate below the previous year's rate. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.4600 mills for General Government Millage. This proposed Ad Valorem Tax shall be levied upon the 2016 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2016 and ending September 30, 2017. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This proposed Ad Valorem Tax shall be levied upon the 2016 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2016 and ending September 30, 2017. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 20th day of September, 2016. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC, John Bond City Clerk Mike Brown Bob Hoog Brendan McMillin Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No. 2016-21 Page 2 City of Cape,117:7b�� ' City Council Agenda Form City Council Meeting Date: 9/20/2016 Item No. 8b Subject: Ordinance No. 03-2016; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed its workshop pertaining to the development of the Budget for Fiscal Year 2016/17. The Budget reflects Council direction from that meeting and revised revenue/spending estimates. The Budget for the Fiscal Year 2016/17 totals $34,540,466. This represents a 5.3% decrease from the Fiscal Year 2015/16 Budget. City Council adopted Ordinance No. 03-2016 on first reading at its September 6, 2016 meeting. The Notice of Hearing is scheduled for publication in Florida Today on September 1 ,2016 and the Ordinance is presented for the second reading and doption. Submitting Department Director: John DeLeo Date: I Attachment: Ordinance No. 03-2016. Financial Impact: This is a balanced Budget based upon a 3.5235 Ad Valorem Millage Rate. Reviewed by Administrative/Financial (/ ` Services Director: John DeLeo Date: d I The City Manager recommends that City Council e the following action: Adopt Ordinance No. 03-2016; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017, second reading. Approved by City Manager: David L. Greene(TZV4' Date: R/g1/� I ORDINANCE NO. 03-2016 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund,Enterprise Capital Fund, Special Revenue Funds,Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2016. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC, John Bond City Clerk Mike Brown Bob Hoog Approved as to Form: Brendan McMillin Betty Walsh Anthony A. Garganese, City Attorney First Reading: 9/06/2016 Legal Ad Published: 9/15/2016 Second Reading: 9/20/2016 Ordinance No. 03-2016 Attachment City of Cape Canaveral Fiscal Year 2016-2017 Budget Summary Revenues Expenditures General Fund: $ 14,249,694 $ 14,249,694 Enterprise Funds: Wastewater Enterprise Fund 7,329,462 7,329,462 Stormwater Enterprise Fund 2,266,338 2,266,338 Enterprise Capital Fund 5,937,100 5,937,100 Capital Project Funds: Capital Construction Fund 3,800,000 3,800,000 North Atlantic Ave. Improvement Fund 406,000 406,000 Special Revenue Funds: Police Education Fund 1,044 1,044 Aerial Fire Protection Fund 132 132 School Crossing Guard Fund 2,385 2,385 Library Fund 70,436 70,436 CC Community Redevelopment Agency Fund 475,503 475,503 Agency Fund: Law Enforcement Trust Fund 2,372 2,372 Total Fiscal Year 2016/2017 Budget $ 34,540,466 $ 34,540,466 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/20/2016 COT 00Item No. 9 Subject: Authorize removal of a Specimen Live Oak Tree at 307 Madison Avenue and that the applicant make a$3,150 contribution to the City Tree Bank. Department: Community Development Summary: On August 26, 2016, a tree removal application was submitted to Staff by Turnkey Construction Planners, Inc. for the removal of a Specimen Live Oak Tree located on property located at 307 Madison Avenue (Attachment 1). The property owner is Sheropa, LLC and is zoned R-2. The subject request is in anticipation of construction of a 2 unit townhouse project (Attachment 2). On August 26, 2016, the City Arborist and Staff conducted a site inspection and verified that the tree to be removed is a Specimen Live Oak Tree. The City Arborist submitted a Tree Hazard Evaluation Form.The tree has a diameter at breast height(dbh)of thirty-one and one-half(31.5) inches; approximately thirty-five (35) feet in height and has at least a seventy-five (75) foot canopy spread. The Arborist's report indicates that at the time of inspection,the tree was in good health (Attachment 3). City Code Section 102-40(b)(8) exempts tree removal on parcels containing an existing single family dwelling unit that have been issued a Certificate of Occupancy, but are subject to the provisions of sections 102-41, Specimen trees, which require City Council approval and 102- 45, Minimum tree requirement. The propertysurve indicates that the property is 6,250f (50 ft. wide x 125 ft. deep=6,250). The survey indicates that four (4) Live Oak Trees are to be preserved on the property (Attachment 4). These include a nineteen and one-half (19.5) dbh located at the rear of the property;a twenty-three(23)dbh at the front(north)of the property; and a thirteen(13)dbh and twelve and one-half(12.5) dbh located on the West side of the property(Photos Attachment 5). Four oak trees and two mango trees are proposed to be removed from the parcel. None of the additional trees slated for removal are Specimen Trees. Staff recommends pursuant to Section 102-41(b) that the City Council require mitigation as a condition of removal of the Specimen Tree and that a contribution to the City's Tree Bank be made on the basis of two-to-one ratio of cumulative diameter(dbh)basis of the Specimen Tree in the amount of three thousand one hundred and fifty($3,150)dollars(31.5 x 2=63 x$50/inch of dbh=$3,150)and that the four(4)listed Live Oak trees be preserved as indicated on the tree survey. Submitting Director: David Dickey 1 Date: 1 • j 2.16 Attachments: 1 - Permit Application for the Removal of Tree; Aerial Photo 2 - Site Plan I City Council Meeting Date: 9/20/16 Item No. 9 Page 2 of 2 3 - Tree Hazard Evaluation Form 4 - Property Survey 5 - Photos of the Trees Financial Impact: $3,150 in increased revenue to the Tree Bank. Staff time for inspections and preparation of the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 1\\A\\ The City Manager recommends that City Council take e following action: Authorize removal of a Specimen Live Oak Tree at 307 Madison Avenue and that the applicant make a$3,150 contribution to the City Tree Bank. Approved by City Manager: David L. Greene (.94.- Date: ?//L / /6 ATTACHMENT 1 Date: 8/26/16 CITY OF CAPE CANAVERAL Tracking# RECEIVED AUG 26 2016 PERMIT APPLICATION Permit# FOR THE REMOVAL OF TREES Authority: City of Cape Canaveral Code of Ordinances Sec. 102-37(e) (321) 868-1222 City of Cape Canaveral Building Department 7510 N.Atlantic Ave. Cape Canaveral, FL 32920 You may download this application: www.cityofcapecanaveral.org You may fax to: (321)868-1247. Important: Please complete the checklist on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: 307 Madison Ave Legal description of property: TWN: 24 RNG: 37 SEC: 23 SUBD: Avon by the Sea BLK: 21 LOT: 2 PB: PG: Property Owner Name: Sherapa Phone: Address: 400 Harbor Dr Cape Canaveral Contractor Name: Chad Gressoni Name of Company: Turnkey Construction Address: 2640 Brookshire Cir Melbourne Fl 32904 State License No.: CGCO61042 Phone(office): Phone(cell/pager.): 321 404-3263 Fax: Please check all that apply(proof may be required). Of the tree(s) to be removed,are all the trees: dead? no diseased? no suffering from severe structural defects? no posing a clear and obvious safety hazard? Yes Please clarify the reason tree(s)must be removed: Need to be removed to build new Townhouse Do you plan to relocate the tree(s)or re-plant new tree(s)? Please describe: No Notes: d.b.h. is diameter at breast height(4 1/2 feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24"or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. X Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of Building built or proposed protected/native how many have caliper of all protected/native tree removal on the property trees over 3" dbh measurement of 24"or larger? trees to be removed work to be removed Single Family Residence $ X Townhome 5 4 192 2000.60 Apartment Other(specify) X Permit Application Checklist Notes Completed Permit Application A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping Contractor's State License Record will be kept on file after initial submittal Current Worker's Comp. Policy/Exemption Record will be kept on file after initial submittal City Council Approval(if needed - please attach approval minutes) For removal of specimen or historic trees Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Applicant's Name: Chad Gressoni Applicant's Signature: Chad Gressoni Date: 8-25-16 Notary use only: In the State of Florida,County of Brevard sworn and subscribed before me this 25 day of August , 2016 , by Chad Gressoni . Printed name of Applicant who produced identification: or X is personally known to me. Seal: BRANDY DENISE TORRES MY COMMISSION #FF084703 EXPIRES January 21, 2018 (407) 398-0153 FloridaNotaryService.com Signature - Notary Public At Large G:\Bldg.Dept.Forms\BP Appl. Removal of Trees (3 D.U.) This form may be duplicated. i 1 I lir ..f :.Tso .:4 O CD 1 L1-4 F 10- r CL3 t,.t j , • ifellks v • .41 ;fir it , T=1. aT`' a `• t y4p.t cl '. „ . T ! 1 4 , 0 4.4 ' ' • _-.:...:i,a4.--- .:1. 0 1-0 ,. 0 ri- -. 4A11--" r - 4t C21"1 `f< O • -101 alet* -1 ' 1 1-gril- V. 411 i O IN lial mum.:. ,,r•- } _.-_ to „: M ATTACHMENT 2 PLAT OF LAND SURVEY FOR and/or CERTIFIED TO: John Dismore DESCRIPTION AS FOLLOWS: Lot 2, Block 21, AVON BY THE SEA, as recorded in Plot Book 3, Page 7, Public Records of Brevard County, Florida, LOT 11, BLOCK 21 LOT JO BLOCK 21 LOT 9, BLOCK 21 S 89`0e4O" W REC. 1" i,P. 60.00 REC 1"LP. a S4' OAKO 3Z.-. f ,2 a 1,✓ TREE ZOAX,S O SPLiT C3 14-a OAK TREE 0 kiDi 14- OAKS R2 oqq p quo 0 h$rq F... Ems LOT 2 F ~ate 40, BLOCK 21 9 a NOT: STRUCTURES NO r MLOCATED/SHOWN - TO SE DEMOLISHEDV p O Z .) c'. 36 Kr Z1- Z r. k i, E 50.00 REC. 1"I.P. 1 50.00 I REC. 1" IF. N 59'0240' E (B.B.) MADISON AVENUE .50' PAVED PUBLIC R/1Y WALKER LAND SURVEYING INC 1. TI[L IX 1tCNCD DGES HEREBY CERftEr TART THIS SURVCT MEETS 1'€HEN[U TEG TICAL STANDAR➢S SET ITR TN BT THE ERNiiIIA BOM9[Y S[Arv€TDRS AHD HApPERS IH CHAPTER VAesMaPv 5.7-17.752 FLORi QA A➢HINISTRATIVE CDDE PIRTSIMHT fL CHAPTER .T2-025,FLWlEIA STATUTES. EV -7 di r 1rx cSS S(GIE➢AHQ EHBOSSEQ V[TH SIAlVETDR'S SEAR,THIS SLRVET ES KIT 4ALIA 3. TH[S SIiRVET WAS PREPARED FRbP TITLE INFEIRHATIDN ruRtiarca TD THE SURVEYOR. TICRE ?IAT BE OTHER RESTRICTIONS DR EASEMENTS THAT AFFECT THIS PROPERTY. .'t ,.. 4. NO LAIDERGRI31771D EAPROVENENTS!HAVE DEER LOCATED UNLESS DT/CW.0[SE SHENK :' , 5. THIS SURVEY IS PREPARED rOR TPE , E DENENRECDNsr .s sg-zwHN CDR INC LSAT$E INFR WEHEHYSS/CREDN SHS DDV'DE uSEET TO TO AND SMUNEQ T BE LILIES- :Y-7 'A' - LQSANK7. ELEVATIONS.If SARS BASED CH NATIONAL GEODETIC VERTICAL DATUM Or 1424.Lva.CSS VICINITY MAP aRnoRfrsaANrrorr+ DTHERv,sc+nfE€L Orn s;IS + THE SOUTH WO"LiNE OF MADISON AVENUE NOT TO SCALE fitITAWIX&rt-AVM a BEARINGS BASER IN -121-536-1055 SA ID BEAR/ NG KM 69'0244"E LEGENDJV- -1404(t4A) 4BEARING AHD DIST PACES ARE PLAT AND 1CASURED uLEES OTHERWISE SAWN. r.i. .42L111 Of fA1fiNEY r .PLAT . 0 IREC M RO r KILO IR ASIiREHCR SHOWNLETEE ATE'.EASED.C61 THE STANDARD LLS.WITHOUT LINSE L i NATE fEARQG TAE OD L. .1201 PIPE C6 6710 IT1O11S DR QELETIUtS TO THIS SiRVCY IS PRINTED vITPO.lT CDHSEfxf FRpf SIGHING S R'4TT'R t AIR E4.Alr1ff4R Em •1 209 • analus0II •sAr IR Nti l712 • 20 L .AAE Nei Ti!SEDL.YM IA 4/ill iTIQ SCALE I. EN •EI2:e9 PREGR *MCDVCR£Q CERTIFIER BY. R.L.S.HQ 5742 FIELD DATE 17iACR NO.ova NW Ci 4W1Q IIIN111ti PAC 02117 IF C1iRNOe ArP.• 141Ni. LQC PIIC. 1 Q i fir(Y.WALKER RA::trnx`u`v-YAY PAD Q -OAR Ii FM BOUNDARY 6-3-16 65236 CAL=RACIAL (DAT •CASCTRAI RR. NOD PA41A PRAM .DRAINAGE VP.. ARIPRIS POW DT1. •yTILLI• THIS BUILDING/PROPERTY DOES NOTLIE WITHER THE ESTABLISICP Ve. w(7317 C;. •Ou1N l D& SN MK Wal, CDC •LOICRETd 19/. IRILLI0.E PC MINT Cf MeV/MK ELOO9 HAZARD AREA PER'ORR'. IT LIES IN PON .r CL yl.VATI mill ft uT Ell ft!•► RIDED CsRTtArO PAiEL R 120090 0363G HAP DATE,3-17-14 PRAWN EPA ` E,q A EIECRED 8Y= ATTACHMENT 3 [ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 307 Maddison ave. C.C., FL HAZARD RATING: 3-12 Map/Location: 1 3 2 6 Failure + Size + Target = Hazard Owner: public private X unknown other Potential of part Rating Rating Date: Inspector: City of Cape Canaveral - Tim Davis Immediate action needed Date of last inspection: Unkown Needs further inspection Dead tree TREE CHARACTERISTICS Tree#: 1 Species: Quercus Virginiana "Live Oak" DBH: 31-5" # of trunks: 1 Height: 35' Spread: 75' Form: Xgenerally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed Crown class: Xdominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑young ❑semi-mature Xmature ❑over-mature/senescent Pruning history: Xcrown cleaned ❑excessively thinned ❑topped ❑crown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced ❑none ❑multiple pruning events Approx.dates: Special Value: Xspecimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade Xindigenous Xprotected by gov. agency TREE HEALTH Foliage color: Xnormal ❑chlorotic ❑necrotic Epicormics? Y X N Growth obstructions: Foliage density: Xnormal ❑sparse Leaf size: ❑normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent Xaverage ❑poor Twig Dieback? Y N X ❑curb/pavement ❑guards Woundwood development: ❑excellent Xaverage ❑poor ❑none Xother --- Vigor class: ❑excellent Xaverage ❑fair ❑poor Major pests/diseases: None at the time of inspection SITE CONDITIONS Site Character: Xresidence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest Landscape type: ❑parkway ❑raised bed ❑container ❑mound Xlawn ❑shrub border ❑wind break Irrigation: ❑none ❑adequate ❑inadequate ❑excessive ❑trunk wettled Recent site disturbance? Y N ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing %dripline paved: 0% 10-25% X 25-50% 50-75% 75-100% Pavement lifted? Y N X %dripline w/ fill soil: 0% X 10-25% 25-50% 50-75% 75-100% %dripline grade lowered: 0% X 10-25% 25-50% 50-75% 75-100% Soil problems: ❑drainage ❑shallow ❑compacted Xdroughty ❑saline Xalkaline ❑acidic ❑small volume ❑disease center ❑history of fail ❑clay ❑expansive ❑slope ° aspect: Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. ❑ Exposure to wind: Xsingle tree ❑below canopy ❑above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow Prevailing wind direction: East Occurrence of snow/ice storms ❑never ❑seldom ❑regularly TARGET Use Under Tree: Xbuilding Xparking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape ❑small features ❑utility lines Can target be moved? Y N X Can use be restricted? Y N X Occupancy: ❑occasional use Xintermittent use ❑frequent use ❑constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y N X Mushroom/conk/bracket present: Y N X ID: Exposed roots: ❑severe ❑moderate Xlow Undermined: ❑severe ❑moderate Xlow Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y N X When: Restricted root area: ❑severe ❑moderate Xlow Potential for root failure: ❑severe ❑moderate Xlow LEAN: --- deg.from vertical Xnatural ❑unnatural ❑self-corrected Soil heaving: Y N Decay in plane of lean: Y N X Roots broken Y N X Soil cracking: Y N X Compounding factors: The Oak is a specimen Tree. Lean severity: ❑severe ❑moderate Xlow CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I=low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow, sweep L L L L Codominants/forks N/A L L L Multiple attachments N/A L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L M Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy Tree Failure potential: 1 -low;2-medium;3-high;4-severe Size of part: 1 -<6"(15 cm):2-6-18"(15-45 cm); Inspection period: annual biannual other 1 Time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm) Failure Potential+Size of Part+Target Rating=Hazard Rating Target rating: 1 -occasional use;2 intermittent use; 1 + 3 + 2 = 6 3-frequent use;4-constant use HAZARD ABATEMENT Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑ restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay ❑aerial ❑monitor Remove tree: Y N Replace? Y N Move target: Y N Other: Effect on adjacent trees: Xnone ❑evaluate Notification: ❑owner ❑manager Xgoverning agency Date: COMMENTS The tree I inspected today was a Live OAK. At the time of my inspection, the tree had no decay and was in good health. ALSO, this oak is a specimen Tree. If you have any more questions, Please call me. (321-863-7341) Thank you Tim Davis FL0509A aTTACH M ENT 4 4 PLAT OF LAND SURVEY FOR and/or CERTIFIED TO.' John Dismore DESCRIPTION AS FOLLOWS: Lot 2, Black 21, AVON BY THE' SEA, as recorded in Plot Book .3, Po9e Z Pi61+c Records of Brevard County. Florida. LAT IL BLOCK 21 LOT 10, BLOCK 21 LOT 9• BLOCK 21 S 89°0240" V RSC 1"I.P. 50.00 REc. 1"TA . - 0 -eix OAK0 11/.5 +E Rem pes►1 u.l ....... 1 to A Lss = Cr 4 k;d'5 •REV ads TREE Orrtm -Tee( 04 ta- ° fl Q4 ao mPN 04p '` LOT ''Q k. BLOCK 221 w i NOTE. STRUCTURES NST' 41 LOCA FED/SHOW - 7V BE 'e DE1/OUSHED W CS1 a 61.50.AA:)____.-- Emos k PECat -r C5 ° S OAK ,p3ii 0 50.00 REC. 1"T.P. 50.00 Rec. r"IF.. 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