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HomeMy WebLinkAboutAgenda Packet 03-19-2013 (OCR),n',,1111,„"'",1,11;1,1,1,111,11,11,11111J,:1,11 City of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk. Avenue, Cape Canaveral, Florida Tuesday. March 19, 2013. 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS / INTERVIEWS: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2012 — Presentation by Bernadette Britz -Parker, James Moore & Co. REPORT: 6:15 pin. — 6:20 p.m. City Attorney AUDIENCE TO BE HEARD: 6:20 p.m. — 6:35 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:35 pin — 6:40 p.m. 1. Approve Minutes for City Council Meeting of February 19, 2013. 2. Resolution No. 2013-06; supporting and honoring all military service members, veterans and their families in the State of Florida and recognizing April 17, 2013 as Military Family and Community Covenant Day; providing an effective date. 105 Polk Avenue • Post Orrice 13ox 326 (...'ape Canaveral, 32920-0326 `Feleplione (32 1) 868-1220 • Fax: (321) 868-1248 \\ '\ • email: info(4'eityoleapeconaveral.org City of Cape Canaveral, Florida City Council Meeting March 19, 2013 Page 2 of 3 3. Resolution No, 2013-07; declaring support for proposed changes to Section 287.055, F.S., also known as "The Consultants' Competitive Negotiation Act" or "CCNA"; providing an effective date. 4. Approve the Library Board's request to purchase books to expand the Library collection utilizing Library Capital Expansion Fund Reserves. 5. Award the bid for the Canaveral North Drainage Way Improvements Project — Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and authorize the City Manager to execute the Construction Agreement for same. 6. Approve change in starting time for the May 21, 2013 Regular City Council Meeting from 6:00 pm to 7:00 pm. 7. Approve, with conditions, the application for satisfaction or release of lien for Code Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a reduction from $14,250.00 to $5,771.25. PUBLIC HEARING: 6:40 p.m. — 7:00 p.m. 8. Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to commercial parking facilities in the A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 9. Ordinance No. 04-2013; amending the definition of "height of building" set forth in Section 110-1 of the Cape Canaveral Code of Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 10.Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of Ordinances related to outside storage; providing for a definition; repealing the special exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, second reading. 1001 .,„ City of Cape Canaveral, Florida City Council Meeting March 19, 2013 Page 3 of 3 ITEMS FOR ACTION: 7:00 p.m. — 7:15 p.m. 11. Recreational Vehicles in Mobile Home Parks. REPORTS: 7:15 p.m. —7:30 p.m. 12. Council 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 of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/19/2013 Presentation Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2012 — Presentation by Bernadette Britz -Parker, James Moore & Co. Department: Financial Services Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2012. James Moore & Co. determined the Financial Statements present fairly, in all material respects, the financial position of the City of Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit was conducted in accordance with Generally Accepted Auditing Standards and Government Auditing Standards. The findings and recommendations will be presented by Audit Manager Bernadette Britz - Parker. Financial Highlights: The assets of the City exceeded its liabilities at the close of the most recent year by $39.1 million (net assets). Of this amount, $8.8 million (unrestricted net assets) may be used to meet the City's ongoing obligations. The City's total net assets increased by $289,985. This is due to the effective management of the City's resources in an ever-changing economic climate. • At the close of the Fiscal Year, the City's Governmental Funds reported combined ending fund balances of $7.0 million, a decrease of $237,622 in comparison with the prior year, due primarily to the completion of several capital projects in the current year. At the close of the Fiscal Year, fund balance for the General Fund was $6,175,082. Of this amount $11,192 relates to inventory and prepaids and is therefore nonspendable. The remaining fund balance includes: restricted ($227,475), assigned ($2,901,197) and unassigned ($3,035,218) balances. Within the assigned fund balance category, the largest pieces are $794,779 assigned for use in the 2013 Budget and $1,634,660 assigned for Fire Rescue. Unassigned funds are available to fund on-going activities of the City's various General Fund services and programs. The City's total long-term liabilities decreased $608,311. This was due primarily to annual debt service payments on outstanding obligations related to a State of Florida Department of Environmental Protection revolving loan for Wastewater treatment improvements made in 1995 and 1996. Submitting Department Director: John DeLeo Date: 3/7/13 City Council Meeting Date: 3/19/2013 Presentation Page 2 of 2 Attachment: None. (The City of Cape Canaveral's Comprehensive Annual Financial Report (CAFR) will be distributed separately.) Financial Impact: Staff time and effort to prepare this Agenda Item and cost of the Audit. Reviewed by Finance Director: John DeLeo Date: 3/12/13 The City Manager recommends that City Council talke the following action: Accept the Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2012. Approved by City Manager: David L. Greene Date:3 jia/3 City Council Action: [ Approved as Recommended [ ] Disapprcived [ ] Approved with Modifications [ 1 Tabled to Time Certain CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY February 19, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Attorney Assistant City Manager/City Clerk Finance Director Community & Economic Development Director Planning & Zoning Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Assistant Chief PRESENTATIONS / INTERVIEWS: Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Gustavo Vergara Jeff Ratliff Lonnie Dunn Mike DeMorat John Cunningham Interview applicant Maureen Michel for appointment to the Culture and Leisure Services Board: Attorney Garganese asked Ms. Michel if all information on her application was true and correct, to which she replied in the affirmative. Ms. Michel explained her desire to serve. Ms. Michel's experience as a certified referee was noted. Council Members welcomed her to the Board. CITY ATTORNEY'S REPORT: None City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 2 of 6 AUDIENCE TO BE HEARD: Joyce Hamilton noted the proposed beautification improvements to SR 528 have grown to include the name "Linear Parkway". David Reynolds provided a handout and spoke of what he perceives as public nuisance issues within his neighborhood related to Friday Fest. He advocated for a Noise Ordinance which includes maximum decibel, base and treble vAlume levels. He also objected to open containers, people drinking from private coolers, po police presence and the bad image it presents for the City. Assistant City Niager/City Clerk Apperson committed to scheduling another meeting with Mr. Reynolds ipcuss his concerns. 4. CONSENT AGENDA: Mayor Randels inquired if any items are to be re , oved fro the Consenend for discussion. No items were withdrawn. 1. Approve Minutes for City Council Meeting of`January 15, 2013: Approve the Interlocal Aareenier t with respect to1itktina representation on the 2. Space Coast Transportation Planning\ r aiiization (TPO b. ®een the City of Cocoa Beach and the City of Cape Canaveral:' 3. Resolution No. ,20!1:3=A3: appointing e member to the Culture and Leisure Services Board of the 'City o rr©.ape Canaveral, Florida: providing for an effective date. (Maureen Michel)'`_'; 4. Resolution No. 241%0 a` endinq..,.Resolution No. 2012-27. which committed local finanois'pp".ort to the�irQualifie``Ta tcieted Industry Tax Refund Program pursuant to Section 288.1b'61Plorida tatutes. for L-3 IEC, as a Target Industry Business: providing for repeal of'orior. inconsistent resolutions. severability, and an effective date: 5. Resolution No. 201:3-05: designating the Cape Canaveral Planning and Zoning Board as th'e ape Canaveral Economic Enhancement District ("CCEED") Brownfield Advisory Con Y ttee: providing for the repeal of prior inconsistent resolutions: severability: and aieffective date: 6. Grant a Waiver of Landscape Requirements at the New Fire Station: A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Bond, to approve Consent Agenda Item Nos. one through six. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 3 of 6 PUBLIC HEARING: 7a. Ordinance No. 01-2013; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed eight million dollars for purposes of funding certain wastewater and stormwater improvement Droiects: authorizina the loan aareement(s); establishing pledaed revenues: designating authorized representatives: providing assurances; providina for the repeal of prior inconsistent ordinances and resoldions, severabilitv and an effective date: second reading: Attorney Garganese re -`the title of the Ordinance into the record, noted the need for a Public Hearing o"b`'mefly explained same. A motion was made by Mayor Pro Tem Bond, secon o etd by u ncil Member Hoog, T to approve Ordinance No. 01-2013 as written.he .'ublic .'ea ing was opened. Mayor Randels noted items that will be accompli `pea -by the loan eds. Maureen Michel asked if this will be passed along on the,Tax Bill.. Mayor Rand' �and Assistant City Manager/City Clerk Angela Apperson „respanded toj her concerns;Ne Paining the loan will be repaid by the proceeds from the Wastewater`'apd Stormwater bills. The Public Hearing was closed. The motion carried 5'=0: ;With voting as follows: Mayor Pro Tem Bond, For; Council Me ber Hoog, For;',,C:ouncil Member Petsos, For; Mayor Randels, For; and Council Welber Walsh, For�.y .. 7b. Resolution No. 2013-02; adopiinatta 'MCity of tape Canaveral, Florida Wastewater and Stormwater Facilities Plan 293.2©a authorizing the submittal of the Plan to the Florida Department of Environi gtal Prot4e'tion; providing for the repeal of prior inconsistent resol .itions: everability. and an effective date: Attorney Garganese read the ResolutiQft itle into `the record. public Works Services Director Jeff Ratliff answered questions asked by )Council Membe-p: Consultant Don Berryhill expressed appreciation for the oppor::unity-to_wo.rk with_th`e City and noted the pleasant experience. He explains . Or.ocess ,for applying ..for the loan and the requirements for the Faciliti, )Plan. He'li,fed thepre-construction loan interest rate is 1.69%; indicated the cons uefon loan should,root be'•much`higher; explained how the rate is calculated; the ado do `0f4he Facilities1 Ian does -not obligate the City to construct the items within the plan; theirement for the Facilities Plan to be sent to the State for review/comments; the ability to p,, down thie� loan at any time with no pre -payment penalties; that the Facilities Plan'i �a. „ be an -tended; however, doing so will require additional review by State Departmen�ttethe et revenue from the Wastewater and Stormwater fees will be used to repay the loan'the loan is for 20 years; the first payment will be due six months after completion of construction; interest will be charged as money is drawn and a rate increase is not required to repay the loan. Mr. Berryhill responded to Council Member questions. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Mr. Berryhill provided additional information about the Loan Program. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution No. 2013-02. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 4 of 6 Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to commercial parking facilities in the AIA Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record, noted the prior submittal of the Ordinance, the additional work by the Planni , Zoning Board and provided a brief explanation of the Ordinance. Plannin aqd Zoning Director Barry Brown provided further explanation of the Ordinance, t —Vs taken by the Planning and Zoning Board and the creation of the definition of c Omer i 'I ; arking facilities. The Public Hearing was opened. Ray Osborne providedton*ents anfl1©uestioned whether this item is needed. He expressed concern ,bye N>noise from �`- alarms in the neighborhood. The Public Hearing was cl sed. Council Membe `diiscussed the screening/landscaping requirements. A mono .was may a by Mayor Plm Bond, seconded by Council Member Petsos, to pa s, fihe Ordiffance (03-2013) as written. The motion carried 5-0 with voting as follows: Mk 6r Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; ,Mayor Randels, For; and Council Member Walsh, For. 9. Ordinance No. 04-2013; amending. the`d"dihition of "height of building" set forth in Section 110-1 of the Cape Canaveral Code of aedbilabees: providing for the repeal of prior inconsistent ordinances: sand resolutions: incorporation into the Code; severability: and an effective date' firstfeadinq: Attorn4 y Garganese read the Ordinance title into the record and 13140 d a brief explanation f same. Planning and Zoning Director Barry Brown reviewe r actions1`taken which 16 08 the Ordinance. The Public Hearing was opened. No comments: -were receivedand the Public Hearing was closed. A motion wase ertiby Council Member�i Petsos, seconded by Council Member Walsh, .or appro lcopfi Ordinance No. 04-2013. The motion carried 5-0 with voting as f P o' mows: Mayor ,Tem `-=Bond, For; Council Member Hoog, For; Council Memb`eHP-setsos, For; Mayer Randels, For; and Council Member Walsh, For. 10. Ordina ie No. 05,72013: amendina Chapter 110. Zoning. of the Code of Ordinances retdfell. to outside storage: providing for a definition; repealing the special exception in the ' lLand`C-2 Zonina Districts for the commercial establishments for the storage or parkins o recreational vehicles. trailers and trailerable items; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;, severabilitv and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Planning and Zoning Director Barry Brown explained the events which led to the prior Ordinance being sent back to the Planning and Zoning Board for further consideration and creation of a definition for outside storage. The Public Hearing was opened. Joyce Hamilton expressed concerns related to the creation of a non -conforming use, to which Attorney Garganese responded. She also encouraged an Ordinance change to allow temporary City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 5 of 6, parking on grass areas for special events. Attorney Seth Chipman, representing Mr. & Mrs. Pierson, property owners in the 200 Block of Central Blvd. noted his clients' opposition to the Ordinance due to the lack of consistency with uses in the neighborhood and the City's Vision Statement. To prohibit the parking of these items in residential neighborhoods is not in the best interest of the community. Concerns raised by Attorney Chipman were discussed and included the proposed Town Center and Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for outside storage, to which Mr. Brown responded M1. The Public Hearing was closed. Further Council comments were received. A motion was made by Council Member Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: 11. Council Mayor Pro Tem Bond welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. He noted the large turnout for the Sea Oats Planting and thanked Council Member Petsos for his work on this project. Council Member Walsh asked who normally serves as the City's Representative to the TPO, to which it was stated the Mayor is the representative. She requested additional review time when a large document is presented for consideration/adoption. Council Member Petsos thanked Public Works Services for their work on the Sea Oats Planting Project. Council Member Hoog welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the League of Women Voters. He noted his participation in a "Trike-a-Thon" held at Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately 25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is requesting support for their request to obtain tourist tax dollars that will be available after the loan for the Baseball Stadium is paid in April 2013. They would like a municipal pier, beach or boardwalk, and/or a surf park/destination beach resort. He noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor Randels noted at the February 14th Space Coast Transportation Planning Organization (TPO) meeting the TPO's Legislative Priorities to the State Department of Transportation were amended to include the MA Corridor Improvements as recommended in the Feasibility Study. City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 6 of 6 ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Assistant City Manager/City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. 2 Subject: Resolution No. 2013-06; supporting and honoring all military service members, veterans and their families in the State of Florida and recognizing April 17, 2013 as Military Family and Community Covenant Day; providing an effective date. Department Administrative Services Summary: The Florida Military Family and Community Covenant, Inc. (FMFCC) is a not-for-profit whose mission is to recruit a ground swell of civilian support across the State of Florida to support our military families and veterans. By reaching out to Florida's 410 cities and engaging small groups of civilians to create and implement an action plan, the FMFCC will make a difference in the lives of military families. The FMFCC has asked the Florida League of Cities to partner in getting the word out to Florida's cities by encouraging its membership to place this item on an agenda before the end of March for consideration and adoption of a resolution in support of Florida Military Family and Community Covenant Day — April 17, 2013. rAP Submitting Department Director: Angela M. Apperson o Date: Attachments: Resolution No. 2013-06; Florida League of Cities letter with attachments Financial Impact: Staff time to prepare Resolutiori and agenda item. / Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council taske the following action: Adopt Resolution No. 2013-06. Approved by City Manager: David L. Greene c,91.m.- City Council Action: [ ] Approved as Recommended [ 1 Disapprotecr [ ] Approved with Modifications [ 1 Tabled to Time Certain Date: 3 /// /3 RESOLUTION 2013-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AND HONORING ALL MILITARY SERVICE MEMBERS, VETERANS AND THEIR FAMILIES IN THE STATE OF FLORIDA AND RECOGNIZING APRIL 17, 2013 AS MILITARY FAMILY AND COMMUNITY COVENANT DAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, for more than 230 years, individuals from all walks of life have taken up arms and sworn an oath to support and defend the principles upon which our country was founded; and WHEREAS, whether serving at home or abroad, Florida's active duty reserve and National Guard military and civil servants, protect our homeland, respond to national disasters, assist humanitarian emergencies and protect against all threats foreign and domestic; and WHEREAS, created in 2008, the United States Army Community Covenant program was designed to foster and sustain effective state and community partnerships with all the armed services, improving the quality of life for service men and women and their families; and WHEREAS, the State of Florida has conducted a state-wide community covenant signing ceremony; and WHEREAS, community support is essential to the readiness of the military and contributes to strengthening the resilience of the U.S. military personnel; and WHEREAS, Americans recognize that military personnel and their families make considerable sacrifices as they defend the Nation, as multiple long deployments, frequent moves, and visible/invisible wounds of war are a few of the unique stresses military families face; and WHEREAS, today, Floridians support service members, veterans, and their families by stepping forward to help mitigate stresses associated with military life while also striving to inspire their fellow Americans to continue to recognize and support military and veteran families in their communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cape Canaveral, Florida, recognizes April 17, 2013 as Military Family and Community Covenant Day and hereby expresses their unwavering support and admiration to all current and former military personnel for their true and faithful service and further recognize the tremendous sacrifices of their families. Res. No. 2013-06 Pg. 2 of 2 BE IT FURTHER RESOLVED that the City Council of the City of Cape Canaveral, Florida, through the Florida Military Family and Community Covenant and Operation Strong Families, accepts the call to action to support and honor all service members, veterans and their families, past and present. PASSED AND ADOPTED BY the City of Cape Canaveral City Council this 19th day of March, 2013. Rocky Randels, Mayor ATTEST: Name For Against Angela M. Apperson, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh 301 South Branough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 • (850) 272-9684 • Fax (8501 222-3806 • www.floridaleogueo)cities.corn February 8, 2013 Dear City Manager or City Clerk: (PLEASE SHARE THIS INFORMATION wriri YOUR CITY 0.1111CIALS ANI) YOUR PUBLIC INFORMATION OFFICER) The Florida Military Family and Community Covenant, Inc. (FMFCC) is a not-for-prolit whose mission is to recruit a ground swell of civilian support across the State of Florida to support our military families and veterans. By reaching out to Florida's 410 cities and engaging small groups of civilians to create and implement an action plan, the Florida Military Family and Cominuniiy Covenant will make a difference in the life of military families. The. Florida Military Family and Community Covenant has asked the 'Florida League of Cities to partner in getting the word out to Honda's cities. Therefore. we are encouraging, our membership to place this item on an agenda before the end of March for consideration and adoption of a resolution in support of Florida Military Family and Community Covenant Day -- April 17, 2013.. We have attached a draft resolution, along with several other items of information — suggestions for activities celebrating FMFCC and April 17, 2013 and a publicity checklist. When adopting your resolution, we strongly encourage your city to publicize the adoption of the resolution, as well as any activities planned in celebration of April 17, 2013. EM FCC Day. Also. pleaSC let the FMFCC Executive Director (inbb. below) when the item is scheduledto comc before your .eommission or council. Once your resolution is adopted, please provide a copy to the 1N1FCC at Post Office Box 883, Monticello, Florida 32345-0883. All resolutions will be placed on a backdrop Ibr future events, including celebrations on April 17, 2013 in Tallahassee. For further information. please contact. Rae Pike, FMFC(..? Executive Director at (850) 673-7981. Thank you for placing this on an upcoming agenda for consideration. We look forward to receiving your resolution and to celebrating Florida Military Family and Conununity Covenant throughout Florida! Sincerely., .lvtanny Marofio President, Florida 1....eague of Cities Mayor, City of Sweetwater President Manny Marano, Mayor, Sweetwater First Vice President P.C. Wu, Council President, Pensacola • Second Vice President Lori C. Moseley, Mayor, Miramar Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. Civilian solutions that work from ������ to ����m .-u�� JOINING FORCES ACROSS THE GREAT STATE OF FLORIDA VVith the amazing support of the Florida League of Cities and by joining forces with Operation Strong Families, we have the ability to reach many cities who want to support and play a role in the lives of our military and veteran OPERATION STRONG FAMUJES: Operation Strong Families is a statewide initiative focusing on the strengths and connections within Florida's families and communities. The goal of this initiative is to support military families beginning with the families of our American Hemen, the men and woman of the Army, Navy, Air Force, Marines, National Guard, Coast Guard, and Reserves through coordinated efforts to build on protective factors and enhance community capacity, Community connections are the linchpins in supporting military families. Community and family resilience is influenced by strong informal networks that occur among friends, family members, work associates and neighbors. The Florida Faith -Based and Community- based Advisory Council in partnership with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families and Prevent Child Abuse Florida are joining forces with Florida Military Family and Community Covenant Inc., other agencies and organizations statewide to build and sustain a network of connections to strengthen families. This nelwork will promote protective factors known to increase the health and well-being of children and families, including our military families. QUOTE BY: GEN Martin Dempsey, 18th Chairman of the Joint Chiefs of Staff 'It 5 the recognition that ind ependent groups working together inside a community-based model can do things to improve Iong-term quality of life that government just cannot do." ANSWERING THE CALL TO ACTION WHY A STATEWIDE COVENANT? We believe by our local. state and natio/al leaders proactively responding to -Sustain the Gro undswell of Support' and by signing a statewide civilian driven community covenant that encourages everyone across the Great State of Florida to contribute, Then cities can harness the good will of their communities by leveraging the inherent pride that American people have for those that have sacrificed so rnuch for our Nation wsUE a� `�� CIVILIAN BATTLE ADVOCAY BUDDY (CBAB) BATTALION WHO ARE WE? VVe are a group of civilians answeririg the caII 10 action In this time of shortfalls and budget cuts we know we can play ari mportarit role of support by standing in the gap and by • Providing support for our inilitary and veteran familtes, at home, in our communities. • Joining community forces to enable our military and veteran families the much needed community care they deserve. ^ Helping sustain and improve the quality oflife for our military and veteran families utilizing local community resources. Building public anarenr,, through our CBAB'S and Covenant teams. ^ Inspiring and encouraging total co unity involvement, action not words. ~ Re -tooling, promohng, and connecting community services to meet the needs of local military and veteran families. ^ Connecting military and veteran families to existing systems support in the Armed Forces and Veterans Affairs, where appropriate. Assisting with transition services to ensure the long term weltare of our local military arid veterari families. Fuom city 10 city across the Great State of Florida, we through CITY RESOLUTIONS will inspire civilian support. WE WORK WITH A DIVERSE COMMUNITY BASE, HOW CAN YOUR CITY HELP THEM? Florida Military and Veteran Families We have never More in the history of our military asked so much of our military and veteran families. The Community Covenant is a U.S. Army program designed to foster and sustain effective state and community relationships and partnerships to improve the quality of life for soldiers, veterans and their families. In response to this call to action, our Florida group incorporated in January 2012 to inspire and implement local coordinated support for Florida military and veteran families. Mission: Te recruit and coordinate a ground swell of civilian support across the Great State of Florida to support our military and veteran families. Vision: To reach out to Florida's 410 cities and inspire and engage small groups of civilians to create and implement a local holistic action plan that will make a difference in the lives of military and veteran families in their cornrnunitv IT IS BY OUR ACTIONS WE CAN MAKE A DIFFERENCE SUPPORTED BY Baronsign.com (561) 863.7446 i ,11111111111EEMEN1111E,6111,1 i5 1111111E11111111, 1,1E115, 5, Place an order with Baron Sign Manufacturing and 3% of the total order will go to support Florida Military Family and Community Covenant Inc. 900 West 13th Street Riviera Beach, FL 33404 850.673.7981 ph 561.848.2270 fax OUR COMMUNITY COVENANT SUPPORTS ALL SERVICE MEMBERS, VETERANS AND THEIR FAMIUES REGARDLESS OF THEIR BRANCH OF SERVICE www.frnfcc.org Follow us on Facebook and twitter t The Florida Military Farnily and Community Covenant Inc, is a non-federal entity. It is not part of the Department of Defense or any of its components and it has no government status. No official Department of Defense or U.S Army endorsement is expressed or implied 5_ 5 Florida Military Family and Community Covenant, Inc. A FLORIDA NOT FOR PROFIT Operation Strong Families "Where Family Matters, Ma ter TO rec'rraataracl FA. 'C'C Mission: )rdinate a ground swell eiI civilian support acroSS tlae Great Stcatc' r?/ 10ridc1 to support our military and veteran "'amities. Fa11FCC Vision:: I'cf reach our to Florida's 410 c.'iti1 00(1 inspire and en, cc small grOUps OrCil'AVIS to create and implement 0 local hcdisli( action plan that will make a di,!%c°rc'iicc° in the lives e)j'raailitera y and veteran jamilics in their c�,>aaaraaaaaaity. Visit its cava tlc web at: ww.fmft lo yidaMilitary Family and Community Covenant P.O. Box 883, Monticello, I+L 32345 / 850-673-7981 Add City Logo along with FMFCC logo ������ �=.xrn" x Saniple Press Release Military Family and Community Covenant Day {City Name} Adopts Resolution Recognizing Military Family and Community Covenant Day CONTACT: {City Offica's Name} FOR IMMEDIATE RELEASE: [Month Day, 2013} {Contact email address}/{Contact phone number} {City Name}, Ma. — The ([ity/Tomn/Vi||a8e)mf{city name} has adopted a resolution proclaiming April 17, 2013, Military Family and Community Covenant Day. This resolution representsthe city's continuing commitment to supporting and honoring all military service members, veterans and their families. Cities across Florida are joining forces with Florida Military Family and Community Covenant (FMFCC), along with several state and national agencies and organizations, to recognize April 17 as Florida Military Family and Community Covenant Day. In partnership with the Florida League of Cities and the Florida Regional Planning Councils Association, FMFCC is reaching out to Florida's 410 municipalities to inspire civilian support for military families by creating a statewide network of Community Covenant Cities. "The citizens of {city name} are proud to support this statewide covenant," said Mayor {name}. "We recognize the sacrifices members of the armed forces, and their families, make on a daily basis. [City name} looks forward to working with the Florida Military Family and Community Covenant to help these families in the areas of employment, education, housing, transition and well-being." When local, state and national leaders proactively respond to FMFCC's efforts to buiId accessible, sustainable support for military and veteran families, cities can harness the good will of their communities by reveraging the inherent pride Arnericans have for those who have given so much to protect this nation. For more information on Florida's Community Covenant Cities and supporting initiatives, such as Operation Strong Families and the Civilian Battle Advocacy Buddy Battalion, please visit www.fmfcc.org. Florida Military Family and Community Covenant, Inc. is a Florida -based not-for-profitcorporation. Its sole purpose 15 to recrultand coordinate a grounri swell of civiliann support across the great stare of Fiorido to support our military and veteran families, Our mission isuoreach out to Floridci's 410 cities and inspire and engage smallgroups ofcivi/ians to creote and implement a local holistic action plan thot willmakeodifference /nthe lives nfmilitary and veteranfamllies in their community. CITIES CELEBRATE FLORIDA MILITARY FAMILY AND COMMUNITY COVENANT DAY APRIL 17, 2013 Here are some low cost ways to celebrate, some of which can be ongoing activities: • Invite military personnel and military families to participate in your commission or council meeting during the adoption and signing of the resolution in support of April 17, 2013. • Coordinate with military presence in your area to set up exhibits at local shopping malls, military bases or other public places with information on your city government and its services and military services available to the community and military families. • Sponsor a military history day focusing on the history of the U. S. Military and your city and its government. This could be coordinated with a local historic group. • Involve businesses, sorority and fraternal organizations. Enlist their help in celebrating Military Family and Community Covenant (FMFCC) Day. • Contact your local library; advise them of the activities around this day. Ask if you can make available at their information desk details on celebrating FMFCC Day. • Work with senior citizens groups to find innovative ways to involve seniors in support of military personnel and families in your area. Encourage seniors to volunteer their time with the city to help military families. • Request a speaker from FMFCC for your city activities and coordinate with senior groups, businesses, sorority and fraternal organizations and the like to draw a large gathering of concerned citizens. • Sponsor an essay contest for students and city residents regarding the importance of the U.S. Military and the military families in your area. • Get acquainted with local military personnel. Coordinate efforts for integrated activities as available and appropriate. • Share information regarding your city/city services with military personnel and military families. • Sponsor tours of city hall and city facilities for military personnel and their families. MP' t FLORIDA MILITARY FAMILY AND COMMUNITY COVENANT DAY - APRIL 17, 2013 • There are several steps that can be taken to promote and publicize your city's project. A list of suggestions follows: Get the local media involved from the beginning! Let the media know when you will be adopting your resolution in support of FMFCC Day. ■ Be sure to designate a contact person for your project(s) who can be reached by the media during city hours and after. ■ Write a guest editorial that talks about Florida Military Family and Community Covenant Day and the importance of cities support military and military families and submit it to your newspaper(s) opinion page editor for use before or on April 17, 2013. (Check with your newspaper on deadlines.) ■ Coordinate with military personnel to have a press conference or media day surrounding April 17, 2013 to discuss activities, etc. is Keep reporters informed of your activities. Send the local newspaper(s), television and radio station(s) a media advisory to alert them to upcoming activities and a press release(s) to publicize your activities. (A sample press release in enclosed.) ■ Send a letter -to -the -editor of your local newspaper(s). • As you coordinate this project with various groups (as mentioned on the list of suggested activities), encourage them to assist you in generating publicity. ■ Consider scheduling an interview about your project on the local television or radio talk show and/or your cable -access channel. • Highlight your activities on your city website. Be sure to put your website address on ALL communications with the media. (This can also be done on your social media sites, if you have them.) ■ Advise the Florida Military Family and Community Covenant staff of your activities. ■ A post -press release may be issued. ✓ 1 Be sure to send thank you letters to the newspaper reporter/editor if you receive favorable press on the event. Don't forget to plan for and take good quality photos (both black and white and color) for reprint in local publications and for dissemination. We Work With a Diverse Community Base You can help by developing with us..... ........ Wounded Veterans new best buddy KNOWLEDGE, RESILILIENCY, CONNECTION, COMPETENCE, and most importantly... SUPPORT, COMMUNITY ATTACHME here tary Family Matters, Mattel Success Stories • Madison, FL has become the community that truly, with civilian support, is the example of what can be done given the opportunity to serve. Adopted a military spouse who's husband is deployed to North Africa. Helped with household furnishings as she left the base in Texas 6 months pregnant to find herself with no military base support. • Dental care for a deploying Army reservist. Help for spouse of deployed soldier whose son has special medical needs • Assisted veteran with a land use problem at the city level so he could obtain a VA loan to purchase a home • Wheel chair ramp for Korean war veteran to assist his disabled wife make home visits from the nursing home. • Through our version of "Paws for Vets" we assisted a disabled veteran by save his dog. Our local vet took care of little Bear and now puppy and veteran are both doing well. You have not lived today until you have done something for someone who can never repay you. —John Bunyan They need new battle buddies Army CoI. David Sutherland, special assistant to the chairman of the Joint Chiefs of Staff for warrior and family support. FORT BELVOIR, Va., Feb. 29, 2012 "Troops don't come home to government programs", he noted "they come home to their families, their neighbors and their communities". The colonel cited a study that indicated the No. 1 remedy for dealing with combat's effects is a sense of community, a feeling that they fit in."Communities must step up to embrace these troops and veterans", the colonel said, "Particularly once their battle buddies are no longer by their side. They need new battle buddies, he added, but this time from their communities' people who can assist them in translating their skills, knowledge and attributes into civilian life and organizations. Government programs can't do it alone; however, "independent organizations working together at a community level can." is the recognition that independent groups working together inside a community-based model that do things to improve long-term quality of life that government just cannot do." General Martin Dempsey, lath Chairman of the Joint Chiefs of Staff- CBAB The Civilian Battle Advocacy Buddy Battalion (CBAB) is a group of civilians who will ansWertne call to action. In this time of shortfalls and budget cuts we know we can play an important role of support by standing in the gap and by: 1. Providing support for our military and veteran families, at home, in our communities. 2. Joining community forces to enable our military and veteran families to receive the much needed community care they deserve. 3. Helping sustain and improve the quality of life for our military and veteran families utilizing local community resources. 4. Building public awareness through our CBAB'S and Covenant teams. 5. Inspiring and encouraging total community involvement, action not words. 6. Re -tooling, promoting, and connecting community services to meet the needs of local military and veteran families. 7. Connecting military and veteran families to existing support systems in the Armed Forces and Veterans Affairs, where appropriate. 8. Assisting with transition services to ensure the long term welfare of our local military and veteran families. * CIVILIAN BATTLE ADVOCACY BUDDY BATTALION City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. 3 Subject: Resolution No. 2013-07; declaring support for proposed changes to Section 287.055, F.S., also known as "The Consultants' Competitive Negotiation Act" or "CCNA"; providing an effective date. Department: Administrative Services Summary: Under Florida law, state and local governments are prohibited from considering price when selecting consultants who provide specific professional services (architecture, engineering, landscape architecture, surveying and mapping). Instead, agencies are required to rank (select) firms based strictly upon qualifications. Price is then negotiated with the top-ranked firm with no knowledge of what the other firms might charge for the work. While this method of procurement may be advantageous under certain circumstances, it prevents cities/counties/citizens from ever being able to directly compare fee proposals in the initial contracting process. Accordingly, several professional associations within Florida (and across the country) are seeking to change the law to allow public entities the discretion to continue to use the existing "qualifications -based selection" process or to utilize an alternative "best value" method. Under the alternative method, firms would be ranked according to qualifications as they are presently. The top-ranked firms would then be invited to submit a fee proposal. The top firms would then be re-evaluated considering qualifications and price with the latter being weighted at not more than 50 percent of the total award criteria. The list of groups supporting the proposed legislation includes the following entities: • The Florida Association of Counties (FAC) The Florida Association of Public Purchasing Officers (FAPPO) The Florida Government Finance Officers Association (FGFOA) • The National Institute of Government Purchasing (NIGP) The Southeast Florida Chapter of NIGP • Wakulla County Sarasota County • Lee County St. Lucie County • Several public professional engineers throughout Florida If passed, the bill would give agencies the discretion to competitively compare fees and make a best value selection that considers qualifications and price among pre -qualified firms; additionally, this legislation may help remedy the reductions in revenue agencies throughout Florida are experiencing. Submitting Department Director: Angela M. Apperson Date: L,„ Attachments: Resolution No. 2013-07 and Senate Bill 1002. City Council Meeting Date: 03/19/2013 item No. Page 2 of 2 Financial Impact: Staff time to prepare Resolution an,agenda item. Reviewed by Finance Director: John DeLeo Date: (.:7 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2013-07. Approved by City Manager: David L. Greene &--4)-4- Date: 3 City Council Action: [ ] Approved as Recommended [ Disapproved [ Approved with Modifications [ I Tabled to Time Certain RESOLUTION NO. 2013-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DECLARING SUPPORT FOR PROPOSED CHANGES TO SECTION 287.055, F.S., ALSO KNOWN AS "THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT" or "CCNA"; PROVIDING AN EFFECTIVE DATE. WHEREAS, local and state agencies throughout Florida are experiencing severe and significant reductions in revenue; and WHEREAS, professional services agreements constitute a significant public expenditure; and WHEREAS, many local and state agencies throughout the United States routinely compare fees among competing firms before selecting an architect or engineer; and WHEREAS, current Florida law prohibits local and state agencies from competitively comparing architectural/engineering fees and related costs; and WHEREAS, several public organizations including the Florida Association of Counties, the Florida Governmental Finance Officers Association, the Florida Association of Public Procurement Officers and the National Institute of Government Purchasing support the use of alternative procurement methods for the acquisition of professional services; and WHEREAS, the proposed change would modify the existing state law and would give local and state agencies the discretion to competitively compare fees and make a best value selection that considers qualifications and price among pre -qualified firms. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, to support the proposed changes to the Consultant's Competitive Negotiation Act to allow local and state agencies to procure professional services on a "best value basis" as set forth in Florida Senate Bill 1002. PASSED AND ADOPTED BY the City of Cape Canaveral City Council this 19th day of March, 2013. (Signature page follows) Resolution No. 2013-07 Page 2 of 2 ATTEST: Angela M. Apperson,-City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Florida Senate - 2013 By Senator Soto 14-01249-13 20131002 1 A bill to be entitled 2 An act relating to the procurement of professional 3 architectural, engineering, landscape architectural, 4 or surveying and mapping services; amending s. 5 287.055, F.S.; revising the definition of the term 6 "continuing contract" and defining the term "best 7 value selection"; clarifying provisions with respect 8 to selection of firms by an agency under the 9 competitive selection process; providing that an 10 agency has the right to reject any or all submissions 11 received in response to a public announcement under 12 the competitive selection process; authorizing an 13 agency to award contracts to multiple firms under the 14 competitive negotiation process; providing for a best 15 value selection process; requiring agencies to adopt 16 rules governing the use of the process; providing 17 minimum requirements with respect to best value 18 selection procedures; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (g) of subsection (2) of section 23 287.055, Florida Statutes, is amended, and paragraph (m) is 24 added to that subsection, paragraph (b) of subsection (4) of 25 that section is amended, and paragraph (e) is added to that 26 subsection, paragraph (d) is added to subsection (5) of that 27 section, present subsections (6) through (11) are renumbered as 28 subsections (7) through (12), respectively, and a new subsection 29 (6) is added to that section, to read: SB 1002 Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2013 SB 1002 14-01249-13 20131002 30 287.055 Acquisition of professional architectural, 31 engineering, landscape architectural, or surveying and mapping 32 services; definitions; procedures; contingent fees prohibited; 33 penalties. - 34 (2) DEFINITIONS.—For purposes of this section: 35 (g) A "continuing contract" means a contract for 36 professional services entered into in accordance with all the 37 procedures of this act between an agency and a firm whereby the 38 firm provides professional services to the agency for projects 39 in which the estimated construction cost of each individual 40 project under the contract does not exceed $2 million, for study 41 activity if the fee for professional services for each 42 individual study under the contract does not exceed $200,000, or 43 for work of a specified nature as outlined in the contract 44 required by the agency, with the contract having lacing for a 45 fixcd tcrm or with no time limitation, except that the contract 46 must provide a termination clause. Firms providing professional 47 services under continuing contracts shall not be required to bid 48 against one another. 49 (m) "Best value selection" means the selection of a firm or 50 firms whose proposal provides the greatest overall benefit to an 51 agency in accordance with the requirements of a formal 52 solicitation. 53 (4) COMPETITIVE SELECTION. - 54 (b) The agency shall select in order of preference no fewer 55 than three firms deemed to be the most highly qualified to 56 perform the required services, except in instances where fewer 57 than three firms respond to the public announcement. In 58 determining whether a firm is qualified, the agency shall Page 2 of 4 CODING: Words s- io]eca are deletions; words underlined are additions. Florida Senate - 2013 SB 1002 14-01249-13 20131002 59 consider such factors as the ability of professional personnel; 60 whether a firm is a certified minority business enterprise; past 61 performance; willingness to meet time and budget requirements; 62 location; recent, current, and projected workloads of the firms; 63 and the volume of work previously awarded to each firm by the 64 agency, with the object of effecting an equitable distribution 65 of contracts among qualified firms, provided such distribution 66 does not violate the principle of selection of the most highly 67 qualified firms. The agency may request, accept, and consider 68 proposals for the compensation to be paid under the contract 69 only during competitive negotiations under subsection (5). 70 (e) The agency shall have the right to reject any or all 71 submissions received in response to the public announcement. 72 (5) COMPETITIVE NEGOTIATION. - 73 (d) The agency may, in its discretion, award contracts to 74 multiple firms. 75 (6) BEST VALUE SELECTION PROCESS. - 76 (a) An agency may, at its discretion, purchase professional 77 services using a best value selection process, subject to 78 requirements provided in this subsection. The agency shall make 79 such purchases in accordance with this chapter and rules 80 applicable to the agency. 81 (b) Each agency shall adopt rules governing the use of the 82 best value selection process in choosing a firm or firms. 83 Procedures for the use of the best value selection process must 84 include, at a minimum: 85 1. The preparation and distribution of a public 86 solicitation consistent with the requirements of subsection (3). 87 The public solicitation shall contain the criteria, procedures, Page 3 of 4 CODING: Words •at- c: are deletions; words underlined are additions. Florida Senate - 2013 SB 1002 14-01249-13 20131002 88 and standards for the evaluation of proposals considered under 89 subparagraph 3. 90 2. The initial evaluation of proposals received in 91 accordance with the requirements of paragraph (4)(a). 92 3. A two-stage selection process that shall, at a minimum, 93 adhere to the following procedures and requirements: 94 a. Except as otherwise provided in this section, under the 95 initial stage of the selection process, competing firms shall be 96 evaluated using the criteria set forth in paragraph (4)(b) and 97 the agency shall select a firm or firms based on the 98 evaluations. Proposals for compensation to be paid under the 99 contract may not be solicited or accepted during this stage of 100 the selection process. 101 b. Under the second stage of the selection process, the 102 firms selected shall be asked to submit a compensation proposal 103 for the proposed work. The proposal shall be evaluated along 104 with the information obtained under sub -subparagraph a. and any 105 other information the agency chooses to request with the 106 compensation proposal to make a best value selection. 107 4. A requirement that the criterion pertaining to 108 compensation may not exceed 50 percent of the total weight of 109 the published evaluation criteria. 110 5. Authority of an agency head to negotiate with the best 111 firm available in the event of a declared state of emergency 112 pursuant to s. 252.36. 113 Section 2. This act shall take effect July 1, 2013. Page 4 of 4 CODING: Words 3trickcn are deletions; words underlined are additions. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/19/2013 Item No. 4 Subject: Approve the Library Board's request to purchase books to expand the Library collection utilizing Library Capital Expansion Fund Reserves. Department: Leisure Services Summary: The Cape Canaveral Library Board, at its September 11, 2012 meeting, unanimously approved a motion to request $30,000 for the purchase of videos and books to expand the Library collection. The funds will be spent as follows: $8,000 to Baker and Taylor for Adult and Juvenile Books $6,000 to Cengage / Gale Group for large print books $2,070.72 to Center Point Large Print for adult large print books $13,900 to Midwest Tapes for DVDS and Books on CD Unfortunately, this request was not included in the FY 12/13 Budget and will require a budget amendment. Submitting Department Director: Gustavo Vergara Date: 3-5- \ 3 Attachment: Minutes from the September 11, 2012 Library Board Meeting Financial Impact: $30,000. As of January 31, 2013 the Library Capital Expansion Fund Reserve balance was $212,803.25. if approved, this will be included in the yearly Budget Amendment, processed at the end of the fiscal year. / Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council take the folio ng action: Approve the request for funding. Approved by City Manager: David L. Greene Date: 3/ 5 / 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain CAPE CANAVERAL LIBRARY BOARD Meeting Minutes September 11, 2012 1. Call to Order The regular meeting of the Cape Canaveral Library Board was held Tuesday, September 11, 2012, and called to order at 2:01 pm by Linda M. Brown, Chairperson. The following Members were present: Linda Brown, Chairperson Jean Deck, Secretary Mary Ernst, Library Board Member Marilyn Nicholas, Library Board Member Evelin Reid, Library Board Member Also present Jenny C Morrison, Library Director Marianne Ellis, Recording Secretary Fran Norman — Cape Canaveral Recreation Center Leo Nicholas a Apnroval of minutes Evelin Reid made a motion to approve the May 8, 2012 minutes. Marilyn Nicholas seconded the motion. Motion carried unanimously as approved and accepted. b. Corresaondence There was no correspondence. c. Chairperson's Report Linda Brown welcomed Marilyn Nicholas as our newest regular Library Board Member and noted that Mary Ernst would not be continuing as a member of the Library Board. Linda told Mary that she may re -apply if she wanted to re -consider. Her last meeting would be this one. Linda advised that we have received applications for the vacancies on the Board. Linda asked if it was alright to contact the persons on the applications to see if they arc still interested in being on the Board. It was suggested by several members that Linda contact those applicants that placed their interest at #1 or #2 first then continue from there. Review of Sunshine Laws was discussed. All of the Board Members will be required to review the Sunshine Law once a year to make sure that everyone understands what the Sunshine Laws are. The Sunshine Laws requires that two or more members of the Board cannot discuss anything that may come up in front of the Board. The City of Cape Canaveral has requested that all of the Board Members have reviewed the Sunshine Law and understand them. There was much discussion about the possibility of getting the City of Cape Canaveral to provide a recording secretary for Library Meetings after the present recording secretary is no longer available. It was suggested that Cltbmilleirt.00111,priaratilIABYNCIAIDIO1111101EMPTEIRILIZIUM1111111CAITCAXAVIZALIMIUM Isertnr Jean Deck, Board Secretary, take the minutes. Jean expressed surprise and indicated that she would not continue if so asked. Evelin Reid made a motion that the board look into the possibility of having the City of Cape Canaveral provide a recording secretary for our meetings and into changing our By -Laws to reflect this change. Jean Deck seconded the motion. d. Friends of the Cave Canaveral Public Library Re'L.o Jean Deck reported that for the fiscal year the Friends expenses were $560.00 more than incoming funds. For the calendar year expenses were $3000.00 more than incoming funds. Book Sale Revort Arrangements are being made for the upcoming Children's Book Sale. Regular yearly book sale will be the in December. e. Director's Report Jennifer Morrison reported that Circulation as of this date is down 43% for the year. This is likely due to people using digital media more and more. Attendance is up 5.7% indicating how many people are in and out of the Library. Weeding continues especially in Juvenile items that haven't circulated in two years. A report of Fines & Fees was given to each Board Member and discussed. Jenny thanked the Friends for helping finance her attendance at the PLA (Public Library Association) Conference. 2. Personal Annearances There were no personal appearances. 3. Unfinished Business There was no Unfinished business. 4. Old Business a. Summer Library Youth Program The Summer Library Youth Program was a huge success. There were 16 programs for infants & toddlers presented with a total of 318 in attendance. A total of 894 children ages 4-11 years attended 8 programs. There were 8 young adults in attendance of 1 program and one additional program for Youth Services was attended by 143 individuals. b. Roof Replacement CSCI.mt.allI..i1ww11r..f.UtY.0.O,Qi0.1.NIL IROOY1171.31 W. CINMVQALiS...117,XD,.ROO.. The final quote for the roof replacement on the Cape Canaveral Public Library was copied to each member of the board. $133,123.00. The City of Cape Canaveral has promised to waive the permitting fees. Approximate time to re -roof will be 3 months. 5. New Business a. Library fund Raising Linda Brown showed pictures she took at a San Jose Library and made suggestions for Library Fund Raising, including a new sign for the Friends Book sales within the Library. Another suggestion was Commercial Advertisements at the library for local businesses. Additional funds could be used for new books b. 2013 Meeting Dates Jenny Morrison requested that the Library Board Meetings be changed to Thursdays to help coordinate her schedule better. A motion was made by lean Deck to change the by-laws to reflect a change in meeting day from the second Tuesday every other month at 2:OOpm, to the second Thursday every other month at 2:O0pm. The motion was seconded by Evelin Reid. c. City Tax Contingency Funds Request Jenny Morrison suggested looking into what it would cost to re -carpet the building. d. Impact Fees Request Jenny requested that a motion be made to request $30,000 from the city from Capital Improvement Accounts for materials such as Videos, Books, etc. Jean Deck made a motion and Evelin Reid seconded the motion. e. VFW Children's Christmas party A question regarding volunteers arose about the co-sponsorship of the VFW Children's Christmas Party by the Cape Canaveral Library on December 15, 2012 and was tabled until the November meeting of the board. 6. Announcements a. The next Cape Canaveral Public Library Board Meeting will be held on Tuesday, November 13, 2012 at 2:OOpm at the Cape Canaveral Public Library Meeting Room. The next Brevard County Library Board Meeting will be held on Wednesday, November 2I, at 4:30pm at the Central Library. b. All libraries will be closed Sunday, November 11th and Monday November 12 to honor Veterans Day and Thursday, November 22nd and Friday November 23rd for Thanksgiving. 7. Adiournment Evelin Reid made a motion to adjourn the meeting. Jean Deck seconded the motion. There being no further business before the Board, the meeting was adjourned at 3:40 pm. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. 6 Subject: Award the bid for the Canaveral North Drainage Way Improvements Project — Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Licensed Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for the installation of approximately 1,200 feet of reinforced concrete pipe in the Central Ditch from West Central Boulevard to 400 feet north. Utility Easements have been obtained from two property owners; one temporary Construction Easement has been obtained to gain access to the site. Staff advertised this bid opportunity on February 12, 2013 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to the Onvia, Inc., bid service. Staff also notified several local contractors of the bidding opportunity; these contractors provided similar types of services to the City in the past. Five (5) sealed bid submittals were received and publicly opened at the City Clerk's Office on March 7, 2013. PWS Staff analyzed the bid submittals and recommends the City award the bid/contract with Atlantic Development of Cocoa, Inc. of Cocoa, FL; which provided the low bid in the amount of $295,941.55. The next lowest bid was provided by Valencia Construction Group, Inc. in the amount of $296,673.50. Reference checks (via telephone) performed by Staff with City of Rockledge, City of Indian Harbour Beach, City of Cocoa and Brevard County personnel revealed positive responses concerning Atlantic Development to perform this type of work. A proposed Construction Agreement is included as Attachment #1. A Bid Tally Sheet is included as Attachment #2, Atlantic Development's Bid is included as Attachment #3. Submitting Department Director: Jeff Ratliff Attachments: #1 - Construction Agreement #2 - Bid Tally Sheet #3 - Atlantic Development of Cocoa, inc. Bid Date: 03/12/13 Financial Impact: $240,000.00 was budgeted for this phase of the project. However, due to the extremely low interest rates, this project was included in the State Revolving Loan Fund request. Reviewed by Finance Director: John DeLeo Date: City Council Meeting: Date: 03/19/2013 Item No. Page 2 of 2 The City Manager recommends that City Council take the following action(s): Award the bid for the Canaveral North Drainage Way Improvements Project — Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene 0`11)-3- Date:3 /42/7,3' City Council Action: [ ] Approved as Recommended [ ] DisapprOveli [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Construction Agreement CONSTRUCTION AGREEMENT THIS AGREEMENT MADE THIS DAY OF , 2013 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and ATLANTIC DEVELOPMENT OF COCOA, INC., a Florida corporation authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of the Canaveral North Drainage Way Improvements. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement Exhibits and Addendum to the Agreement the Engineering Pian and Drawings prepared by the City's Public Works Services Department, dated February 12, 2013; Bid Documents issued by the City, dated February 12, 2013; Contractor's Bid Submittal, dated March 7, 2013; General Conditions, if arty; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedenoe in the following order. a. Agreement Exhibits and Addenda; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions; e. Engineering Plans and Drawings; and f. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole discretion will Interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is fisted, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute materia!, artide, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within ten (10) days after the Issuance of a written Notice to Proceed and shall complete the work of the Project within sixty (60) calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. Page 2 Canaveral North Drainage Way Improvements 6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100 for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 7. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Two Hundred Ninety-five Thousand, Nine Hundred Forty-one dollars and Fifty-five Cents ($295,941.55. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar clays after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default Is such that it cannot, In the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder, or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement or 1. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. Notwithstanding the aforementioned, In the event of a default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination 9. FORCE MAJEURE - Any delay or failure of either party in the performance of Its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary Page 3 Canaveral North Drainage Way Improvements breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency, or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such deray is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; d. Another Contractor Is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, OWNER shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, In whole or in part, and the project Is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the OWNER has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the constructions services provided for in this Agreement. After 50% completion, the Contractor may present to the OWNER a payment request for up to one-half of the retainage held by the OWNER. Owner shall promptly make payment to the CONTRACTOR unless the OWNER has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, If the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; Page 4 Canaveral North Drainage Way improvements b. Work that does not comply with the Contract Documents: c. Outstanding daims of liens; or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Lonnie Dunn or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections. Opinions. and Progress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Resection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be sotely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessaryfor such proper supervision and direction. Page 5 Canaveral North Drainage Way Improvements b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Fumishina of Labor. Materials. etc. CONTRACTOR shall provide and pay for all tabor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shaft secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If OWNER determines that any subcontractor is not performing in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take Immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, Individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all sults and actions of every name and description that may be brought against the Page 6 Canaveral North Drainage Way improvements OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, end city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and afl applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the OWNER's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from daims from property damage, which may arise from the ownership, use, or maintenance of owned and non - owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied Page 7 Canaveral North Drainage Way Improvements the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30 -day advance written notification to the OWNER in the event of cancellation or modification of any stipulated Insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its Interest may appear, from time to time, excluding worker's compensation and professional liability pollcles. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 21 and 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed In the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, govemed, and enforced In accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, It is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing In thls Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on ane hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized Information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and Its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER'S City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. Page 8 Canaveral North Drainage Way Improvements 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in thisAgreement, nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to Sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S potential Iiabaity under state or federal law. As such, the CONTRACTOR agrees that the CITY shalt not be Liable, under this Agreement for punitive damages or interest for the period before judgment Further, the CITY shall not be liable for any daim or judgment, or portion thereof, to any one person for more than 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 the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For CONTRACTOR: Atlantic Development of Cocoa, Inc. 2185 West King Street Cocoa, Florida 32926 For OWNER: City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Either party may change the notice address by providing the other party written notice of the change. Page 9 Canaveral North Drainage Way Improvements Signed, Sealed and Delivered in the presence of: Attest: CONTRACTOR: ATLANTIC DEVELOPMENT OF COCOA, INC. Name Title Business Address City, State Zip Date OWNER: CITY OF CAPE CANAVERAL, A Florida municipal corporation. Attest: Angela Apperson, Assistant By: David L. Greene, City Manager City Manager/City Clerk Business Address City, State Zip Date Attachment #2 Bid Tally Sheet Bid Opening Marek 7, 2013 {a13:OC Tun V&eze/L r7 W jo-/14/94164/£o , e77mvt/ /eL/15 ape90,17'(420,75:72d.e.,77e4/ /97e94/? -7e 1 rgray,/7 4/i 6066e , Bid Amount Base Bid BDP Pipe Alternate "A" RCP Pipe 1 Attachment #3 Atlantic Development of Cocoa, Inc. Bid Atlantic Jevelopment of Cocoa, Inc. 2.125 West King Street ♦ Cocoa, Florida 32926 Phone (321) 639-4902 • Fax (321) 632-3655 Email. jmoore@atianticdevelopmentofcocoa.com • March 7, 2013 ADC#13-012 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 RE: Bid #2013-01 Canaveral North Drainage Way Improvements To Whom It May Concern: Atlantic Development of Cocoa, Inc. (ADC), as bidder, hereby declares our intent to complete the work specified in the above referenced bid. ADC has been in business for 17 years, incorporating in January, 1996. Our executives have over 100 years of combined experience in the utility and construction industries. We have the equipment and personnel to perfonn any task in the industry. We will provide a twelve (12) month warranty for all work performed, including labor and materials. We have performed this type of work on a larger scale for the City of Cocoa, City of Rockledge, City of Indian Harbour Beach and Brevard County, to name a few. Our executive staff is as follows: A.M Moore President Susan Moore Vice President Glenn GrignonGeneral Manager Jim Moore Vice President Regards, im Moore Vice President Atlantic Development of Cocoa. Inc. ADC #13-012 2185 W. King Street James Moore, V.P. Cocoa, P1. 32926 jmoom@atlanticdevelopmentalcocoa.com 321-639-8788 March 7 8011 Contractor's Oualifications Bid No. 2013-01 Canaveral North Drainage Wav improvements Name of Bidder. ATLANTIC DEVELOPMENT OF COCOA. INC. Permanent main office address: 2185 WEST KING STREET. COCOA. FL 32926 Telephone: 321-639-8788 Fax: 321-639-0936 Organized (Month/Year): JANUARY 30 , 1996 Where incorporated (State): FLORIDA Years engaged in the contracting business under our present fixm or trade name? 17 Background and experience of the principal members: Alva M. Moore, President 47 years of construction experience James Moore, Vice President 33 years of construction experience Glenn Grignon, General Manager 30 years of construction experience General character of work performed by our company: SEWER. FORCE MAINS. STORMWA11;K AND RECLAIMED WATER. LIFT STATIONS UNDERGROUND UTILITIES. EARTHWORK. CONCRETE. FLAT WORK ROAD WORK & CURBS. EMERGENCY REPAIRS. SIDEWALKS Contracts on hand: Contract Name Amount of Contract Anticipated Completion Dates City of Indian Harbor Beach Continuing Contract Continuing Contract Brevard County Natural Resources • Sarno Lakes Phase II Drainage $1,176,622 05/27/2013 Project City of Rockledge Continuing Contract Continuing Contract City of Cocoa • Space Coast Gardens and Melrose $1,080,760 09/25/2013 Manor Water Main Replacements • Continuing Contract Continuing Contract Continuing Contract Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, P. 32928 321-639-8788 Project Name Cedar Street Drainage Ph. 1B West Fortenberry Ditch Piping and Sidewalk Extension Yuma Drive Storm Bracco Pond Drainage Continuing Contracts ADC #13-012 James Moon:, V.P. jmooreglaUa nttcdevelopmen tofcocoa.com March 7.2013 Recent Proiects Completed Bid No. 2013-01 Canaveral North Drainage Wav Improvements Description Removed and replaced existing storm drainage system. Removed and replaced existing storm drainage system Removed and replaced existing storm drainage system. Installed new storm system. Stormwater, Sewer, Force Mains, Reclaimed Water, Lift Stations, Emergency Repairs, etc. Owner Contact Address Attn: Ken Poole City of Rockledge 1400 N. Garden Road Rockledge, Florida 32955 Merritt Island Redevelopment Agency City of Indian Harbour Beach City of Cocoa Brevard County Water Resources City of Cocoa City of Rockledge City of Indian Harbour Beach Attn: Greg Lugar 2575 N. Courtenay Pkwy. Room 207 Merritt Island, FL 32953 Atter Scott Scaldo 2055 S. Patrick Dr. Indian Harbour Beach, FL 32927 Attn: Ed Wegerif 500 School Street Cocoa, Florida 32922 Charles Burton 2725 Jdge Fran Jamieson Way Building A, Suite 213 Viers, FL 32940 Ed Wegerif 600 School Street Cocoa, Florida 32940 Ken Poole 1400 N. Garden Road Rockledge, Florida 32955 Scott Scaldo 2055 S. Patrick Dr. Indian Harbour Beach, FL Contact Phone 321-690-3961 321-454-6610 321-773-3181 321-433-8770 321-633-2016 321-433-8770 321-690-3961 321-773-3181 Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, FL 32926 321-639-8788 1 ADC #13012 James Moore, V.P. imocra@atlanticdevelopmentorcacoa.com March 7.2013 Subcontractor(s) To Be Committed to the Project Bid No. 2013-01 Canaveral North Drainage Wav Improvements SUBCONTRACTOR SODDING Years in Business: Date of Incorporation: State of Incorporation: President: Vice President: General Character of Work: Licenses: Completed Projects: NAME/ADDRESS/INFO. Name: LSP, Inc. Address: 521 Thor Ave. City: Palm Bay State/Zip: FL, 32909 Phone: 321-724-6176 r....rrrr 16 1997 Florida Leo Badalamenti Rose Badalamenti Installation of Landscaping Installation of Irrigation Systems Land Clearing Brevard County #9970167 Irrigation Contractor #1R196 Excavation/Landclearing #09 -EX -CT -00160 1) Ocean Beach Blvd. Owner: City of Cocoa Beach GC Quinton Hampton 2) Space Exploration Park Owner: Space Florida GC: Jones Edmond 3) Cruise Terminal 6 Owner: Port Authority of Cape Canaveral GC: AE Com 4) Publix at Harbor Point Owner: Publix GC: HRG Construction Atlantic Development of Cocoa, Inc. ADC #13.012 2185 W. King Street James Moore, V.P. Cocoa, Florida 32926 Jmoore@atlanticdevelopmentofcocoa.ccm 321-639-8788 March 7. 2013 SECTION 00 30 00 BID No. 2013-01 For City of Cape Canaveral Canaveral North Drainage Way Improvements Cape Canaveral, Florida Submitted in Triplicate: March 7, 2013 City Clerk, City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Gentlemen: The undersigned, as Bidder, hereby declares the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bld and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares he has examined the site of the work and has fully satisfied himself that such slte is a correct and suitable one for this work and he assumes full responsibility therefore. This determination was made based on his personal knowledge and experience and/or having made sufficient test holes and other subsurface investigations. The bidder states that he has examined the Drawings and Specifications for the work and based his own experience or professional advice, he has determined that the Drawings and Specifications are sufficient for the work to be done and that he has examined the other Contract Documents and all addenda relating thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Non -collusion Affidavit of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds, Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications, Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Cape Canaveral in the form of Construction Agreement specified, to furnish all necessary materials, equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Bid and the Contract, and called for by the Drawings and Specifications and in a manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Construction Agreement, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Construction Agreement. 003000-1 Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, Florida 32926 321-639-8788 Bid No. 2013-01 Canaveral North Drainage Way Improvements ADC #13-012 James Moore, V.P. imoore anUcdeyeL .. W k . ..cam March 7. 2013 The Bidder further agrees to execute a Construction Agreement and furnish satisfactory Performance and Payment Bonds, each in the amount of one -hundred percent (100%) of the Contract price, within ten consecutive calendar days after written notice being given by the Owner of the award of the Contract The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump sum prices named in the following schedule. Absent a Change Order, there shall be no increase In the lump sum payment. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor in the event of a Change Order, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the technical specifications. Please Note: An alternate bid is requested for reinforced concrete pipe (RCP) in lieu of HDPE Pipe. This alternate is noted on Bid Tabulation sheet titled "ALTERNATE "A" USING RCP PIPE.° Name of Bidder: ATLANTIC DEVELOPMENT OF COCOA. INC. Bidder's Occupational License No.: CUC057160 Signature of Authorized Officer. Title: VICE PRESIDENT Business Address: 2185 WEST KING STREET City: COCOA State: FL Zip: 33296 Name and Address of Surety or Sureties who will sign Bonds: Performance Bond Payment Bond Ohio Casualty insurance Comoanv 940 Seward Road Fairfield. Ohio 45114 Ohio Casualty Insurance Comoanv 940 Seward Road Fairfield. Ohio 45114 003000-2 Atlantic Development of Cocoa, Inc. ADC #13-012 2185 West King Street James Moore, V.P. Cocoa, FL 32928Jmoore@atlanUcdevelopmentofcocoa.com 321-639-8788 March 7, 2013 BASE BID USING HDPE PIPE BID ESTIMATE Bid No. 2013-01 12-0002 Canaveral North Drainage Way Improvements HDPE Cape Canaveral, Florida Unit Item # Description QTY Unit Price General Construction Operations MOBILIZATION 1 LS 7,800.00 MAINTENANCE OF TRAFFIC 1 LS 1,850.00 EROSION CONTROL, EXPANDED REQMTS-INCL. TIRE WASH 1 LS 6,700.00 DEWATERING 1 LS 11,400.00 Division Total Clearirg Construction Site CLEARING AND CLEAN UP REMOVAL OF EXISTING 4' CLF SCREEN EXISTING 6' CLF; TEMP. REMOVAL AS REQ'D Division Total 1 LS 4101 LF 500 LF 7,440.00 2.25 7.65 Amount 7,800.00 1,850.00 6,700.00 11,400.00 $27,750.00 7,440.00 922.50 3,825.00 $12,187.50 Earthwork & Related Operations MUCK EXCAVATION & REMOVAL 1,400 CY 11.50 16,100.00 COMPACTION 1 LS 2,250.00 2,250.00 CLEAN FILL - FOR BACKFILL & GRADING 1,800 CY 12.50 22,500.00 GRADE/SHAPE TRANSITION FROM HEADWALL TO EXIST. 1 LS 2,500.00 2,500.00 DRAINAGE SWALE GRADING - EAST & WEST SIDES 1 LS 1,800.00 1,800.00 Division Total $45,150.00 Base Courses 1 I 1#57 STONE BASE FOR HDPE PIPE Division Total Structures MANHOLE SPECIAL INDEX# 200' TYPE C INLET FDOT INDEX # 232 SHORING WALL (10 FT. DEEP, +1-) CONNECTION BOX CONCRETE CONNECTION W/COLLARS TO EXSPTING HEADWALL PIPE, 48" HDPE PIPE, 12" HDPE - RE: YARD DRAIN SAND - CEMENT ENDWALL Division Total 1 3241 TON 38.00 12,312.00 $12,312.00 1 EA 2,960.00 2,960.00 2 EA 1,260.00 2,520.00 72 LF 355.75 25,614.00 1 LS 16,789.00 16,789.00 1 LS 1,850.00 1,850.00 1,185 LF 110.95 131,475.75 25 LF 23.32 583.00 1 EA 6,850.00 6,850.00 $188,641.75 Page 1 of 2 Base Bid Atlantic Development of Cocoa. Inc. ADC #13-012 2185 West King Street James Moore, V.P. Cocoa, FL 32928 jmoore@allanticdevelopmentofcacoa.com 321-639-8788 March 7, 2013 BASE BID USING HDPE PIPE BID ESTIMATE Bid No. 2013-01 12.0002 Canaveral North Drainage Way Improvements HDPE Cape Canaveral, Florida Unit Item # Description QTY Unit Price Incidental Construction EXPOSE AND CAP 2" FORCEMAIN YARD DRAIN MANATEE BARRIERS RIP - RAP SOD & WATER HDPE CULVERT STRAPS REMOVE, AND RE -INSTALL TRAILER LOCATION SIGNS REROUTE/MODIFY DOWNSPOUTS TO FOLLOW SWALE FLOWLINE WEST BANK TREES AND SOD (SEE EXHIBIT W) Division Total 2 LS 2 EA 1 LS 1 LS 2,597 SY 1 LS 1 LS 1 LS 1 LS 100.00 750.00 2,025.00 3,520.00 1.90 27,212.85 250.00 300.00 4,120.00 Amount 200.00 1,500.00 2,025.00 3.520.00 4,934.30 27,212.85 250.00 300.00 4,120.00 $44,062.15 Construction Survey I 1 (LAYOUT AND AS -BUILT SURVEY I 11 LS I 2,350.00 2,350.00 Division Total $2,350.00 Construction Testing I I (TESTING (BY CITY) Division Total TOTAL USING HDPE PIPE I 1 1 332,453.401 Page 2 of 2 Base Bid ATLANTIC DEVELOPMENT OF COCOA, INC. ADC #13-012 2185 West King Street James Moore, V.P. Cocoa, FL 32926 jmooreCiatlanttcdevelopmentofc ocoa.com 321-639-8788 March 7, 2013 ALTERNATE "A" USING RCP PIPE BID ESTIMATE Bid No. 2013.01 12-0002 Canaveral North Drainage Way improvements HDPE Cape Canaveral, Florida Unit Item # Description QTY Unit Price Amount General Construction Operations MOBILIZATION 1 LS 7.800.00 7,800.00 _. . MAINTENANCE OF TRAFFIC 1 LS 1,850.00 1,850.00 EROSION CONTROL, EXPANDED REQMTS-INCL. TIRE WASH 1 LS 6,700.00 6,700.00 DEWATERING 1 LS 11,400.00 11,400.00 Division Total 827,750.00 Clearin Construction Site CLEARING AND CLEAN UP 1 1 LS 1 7,440.00 7,440.00 REMOVAL OF EXISTING 4' CLF 410 LF 2.25 922.50 SCREEN EXISTING 6' CLF; TEMP. REMOVAL AS REQ'D 500 LF 7.75 3,825.00 Division Total $12,187.50 Earthwork & Related Operations MUCK EXCAVATION & REMOVAL 1.1400 CY 11.50 16,100.00 COMPACTION 1 LS 2,250.00 2,250.00 CLEAN FILL- FOR BACKFILL & GRADING 1„800 CY 12.50 22,500.00 GRADE/SHAPE TRANSITION - HEADWALL TO EXIST. 1 LS 2,500.00 2,500.00 DRAINAGE SWALE GRADING EAST & WEST SIDES 1 LS 1,800.00 1,800.00 Division Total $45,150.00 Structures MANHOLE SPECIAL INDEX # 200' 1 EA 2,960.00 2,960.00 TYPE C INLET FOOT INDEX # 232 2 EA 1,260.00 2,520.00 SHORING WALL (10 FT. DEEP, +/-) 72 LF 355.75 25,614.00 CONNECTION BOX 1 LS 16,789.00 18,789.00 CONCRETE CONNECTION W/COLLARS TO EXISTING WALL 1 LS 1,850.00 1,850.00 PIPE, 48” RCP 1,185 LF 112.55 133,371.75 PIPE, 12" RCP - RE: YARD DRAIN 25 LF 68.00 1,700.00 SAND - CEMENT ENDWALL 1 EA 6,850.00 6,850.00 Division Total $191,654.75 Page 1 of 2 Alternate "A" ATLANTIC DEVELOPMENT OF COCOA, INC. ADC #13-012 2185 West Fang Street James Moore, V.P. Cocoa, FL 32926 jmoore@atlanticdeveiopmentofcocoa.com 321-639-8788 March 7, 2013 ALTERNATE "A" USING RCP PIPE BID ESTIMATE Bid No. 2013-01 12-0002 Canaveral North Drainage Way Improvements HDPE Cape Canaveral, Florida Unit Item # Description QTY Unit Price Amount Incidental Construction EXPOSE AND CAP 2" FORCEMAIN 2 LS 100.00 200.00 YARD DRAIN 2 EA 750.00 1,500.00 MANATEE BARRIERS 1 LS 2,025.00 2,025.00 RIP - RAP 1 LS 3,520.00 3,520.00 SOD & WATER 2,597 SY 1.90 4,934.30 WEST BANK TREES AND SOD (SEE EXHIBIT "A"1_ 1 LS 4,120.00 4,120.00 REMOVE, AND RE -INSTALL TRAILER LOCATION SIGNS 1 LS 250.00 250.00 REROUTE/MODIFY DOWNSPOUTS TO FOLLOW SWALE 1 LS 300.00 300.00 FLOW LINE Division Total $16,849.30 Construction Survey 1 1 !LAYOUT AND AS -BUILT SURVEY 1 11 LS 1 2,350.001 2,350.001 Division Total $2,350.00 Construction Testing I 1 'TESTING (BY CITY) 1 1 1 Division Total TOTAL USING RCP PIPE 1 295,941.551 Page 2 of 2 Alternate "A" Atlantic Development of Cocoa. Inc. 2185 W. King Street Cocoa. Florida 32926 321-639-8788 Bid No. 2013-01 Canaveral North Drainage Way Improvements ADC #13-012 James Moore, V.P. jmoore@atlanticdeveiopmerttafoacoa.com March 7.2013 Acknowledgement is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. 1 Dated: 2/28/13 Addendum No. Dated: Addendum No. 2 Dated: 2/28113 Addendum No. Dated: NOTES: 1. Bid price includes applicable appurtenances to make proper connection of proposed reuse mains to existing reuse mains. Removed blow -off assembly and other appurtenances shall become property of City of Cape Canaveral Public Works Services Department. 2. Bid price includes removal and restoration of existing asphalt and base pavement, concrete curb and gutter, and concrete sidewalk, as applicable. 3. Quantities shown are estimated quantities for bidding purposes only. Actual Quantities shall be field measured and shall be paid to Contractor based on specified Unit Price for bid item. 00 30 00 - 4 Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, Florida 32926 321-639-8788 State of FLORIDA County of BREVARD Bid No. 2013-01 Canaveral North Drainage Way Improvements SECTION 00 48 00 ADC #13-012 James Moore, V.P. jmoore©aUantialevelopmentotcocoa.com March 7.2013 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER ) SS ) JAMES MOORE being first duly sworn, deposes and says that: 1) He is VICE PRESIDENT of ATLANTIC DEVELOPMENT OF COCOA. INC. the Bidder that has submitted the attached bid: 2) He Is fully Informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any person interested In the Contract; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including affiant. Swom to and subscribed before me this 7th day of March , 2013. STATE OF Florida COUNTY OF Brevard JAMES MOORE is personally known to me ublic-State of Florida mission expires: 4/24/15 Notary Public Stato of Florida xiVirginia Levith ExpkQo 04124�E508M38 or� ‘\%St (Signature) VICE PRESIDENT (Title) 004800-1 Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, Florida 32928 321-839-8788 Bid No. 2013-01 Canaveral North Drainage Way Improvements ADC #13-012 James Moore, V.P. jmooregatlanlicdeveiopmertsfcocoa.com March 7. 2013 SWORN STATEMENT PURSUANT TO SECTION 287.133(3l(Al. FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to CITY OF CAPE CANAVERAL By JAMES MOORE. VICE PRESIDENT (Pint this individual's name and title) for ATLANTIC DEVE1..OFMENT OF COCOA. INC. (priii name acuity submitttag aratemaats) whose business address is 2185 WEST KING ST.. COCOA. FL 32926 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: FEIN 59-3357333 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, means a violation of any state or federal Iaw by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statues means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a `person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Atlantic Development of Cocoa, Inc. 2185 W. King Street Cocoa, Florida 32926 321-639-8788 Bid No. 2013-01 Canaveral North Drainage Way Improvements ADC 013-012 James Moore. V.P. ]moare@at anUodevelopmentatcocoa corn March 7. 2013 6. Based on information and belief the statement which I have marked below is true in a relation to the entity submitting this swom statement. (Please indicate which statement applies.) X Neither the entity submitting this swom statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in neither management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months, AND (Please indicate which additional statement applies.) The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management oldie entity or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order). (Signature) State of FLORIDA Date: March 7.2013 County of BREVARD Sworn and subscribed before me this 7e' day of MARCH . 2013 by JAMES MOORE who is Personally know to me 4 OR who produced identification Notary Public -State of Florida GINIA LETT (Printed, typed or =raped eontmimioned name of notary public) My Commission Expires: 4/24/15 (Seal) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ZECMAN, CHARLES H ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST ICING STREET COCOA FL 32926 Congratulations! With this license you became one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do .business in order to serve you better. For information about our services, please log onto www.myfioridalicense.com. There you can find more Information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the Department's Initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE (850) 487-1395 STATE OP FLORIDA- AC# :615 2. 21. 2 -DEPARTMENT- .OF `. BUSINESS AND ' P.RO_F_ESS'IONAL REGULATION : 4�� • Y ::.. • • CGC017868,_tsa l:05%pg/3e2 110421674 CERTIFIED�G EI_S ' OVNTRACTOR ZECMAN,' CH1f4R. ' '-`~S '• • .A .'LANTIC .IiE ,03110 F' ;COCOA= IN • IS CERTIFIED ucdur ttie provi.ioaa of, ch.489 >ts 'pe,perieloa aa't:i -J.UG :3T, .2014. Liio66800907 THIS DOCUMENT HAS A COLORED BACKGROUND • MICROPRINTING • LINEN1ARK'' PATENTED PAPER AC# 6157292 STATE .OF FLORIDA. • :D • EPARTMENT OF: BUSI•NESS-AND PROFESSIONAL -REGULATION SEQ# L12060800987 -' s.'- • CONSTRUCTION INDUSTRY LICENSING: BOARD LICENSE'NBR �:`•^> DATE BATCH NUMBER •06/08/2012. Th GENERAL CONTRACTOR,• ,•,°r: Named• :belgiv I.8 CERTIFIED.. •' - � �;}:-�:..,;�-•-..•. Under the ' rovisione of 'Cha Ger�.-i,'46 ;,- Expiration date: AUG 31, 2014 E`, r ,y 110421674.t000O17868:>'+..•.,>=iza;. ZECMAN.i CHARLES H ' ATLANTIC DEVELOPMENT OF 1'16' •\ •COCOA I C` 2185 WEST KING STREET COCOA FL 32926 RICA SCOTT 'GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE 'FL 32399-0783 ZECMAN, CHARLES H ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST KING STREET COCOA FL 32926 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfiorldalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and loam more about the Department's initiatives. Our mission at the Department is: License Effmctentiy, Regulate Fairly. We constantly stove to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE (850) 487-1395 sTATE oEiORIDA: AC# : 6:1r 5 ?: 3 ? 3 -•DEPARTI+1ENT .OF :BUSINESS. AND'. PROIpESS?ONAL ..REGULATION 'CUC05'6903 ti !- '::Q L; 11042167'4 CERT ; UNDEituou ,&� V .CNTR : ZECbMAN;. .Gt SV,±�'d j,ir: ; ATLANTIC : D7�OP; �gF • .COCOA • TN • ur, ti�7 `' Z8 CERTIFIED wider. tha provisions of Ch.4.69 FS 'sspiratiaa dati. AUG 31, :2014 : 112060801068 • • THIS DOCUr. ENT HAS A COLORED BACKGROUND • f. ICROPR3NTING • LINEMARK"` PATENTED PAPER AC# 6157373 • STATE OF FLORIDA DEPARTMENT 'DP laUSiNESS AND PROFESSIONAL REGULATION SEQ# L12060801068 • • •CONSTRUCTION INDUSTRY LICENSING BOARD DATE BATCH NUMBER LICENSE' 06/.08/2On 11042167.4 :ICIIC056903.,4N=. The'' UNDERGROUND UTILITY & E7CCAV�,PtN:C;O' Nained 'beloar 'IS CERTIFIED 7r:;d+_ Y3 y Under theprovisions of Chapter Expiration date: AUG 31, 2014ts+ • 2ECMAN, CHARLES H' ATLANTIC DEVELOPMENT • OF . COCOAS LG,`I�.,�s?t; 2185 WEST KING STREET ••fit ie: COCOA FL 32926 • -'{;.i: sv . 't3�' RICK SCOTT '.GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY BREVARD COUNTY PLANNING AND DEVELOPMENT DEPARTMENT LICENSING REGULATION AND ENFORCEMENT 2725 Judge Fran Jamieson Way, Suite A-105 Phone: (321) 633-2058 Viera, FL 32940 Fax: (321) 690-6878 • www.brevardcounty.us/licensing CERTIFICATE OF COMPETENCY CERTIFICATE NO.: EX70 THIS CERTIFIES THAT: ALVA MOORE ATLANTIC DEVELOPMENT OF COCOA INC HAS QUALIFIED AS A: EXCAVATING CONTRACTOR THIS CERTIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF BREVARD COUNTY, FLORIDA, THIS 6th DAY OF MAY, 2002 QUALIFIED BY: GRANDFATHERING NICK WITEK CHAIRMAN, BREVARD COUNTY CONTRACTOR LICENSING BOARD PEMES6 .... SECRETARY, BREVARD COUNTY CONTRACTOR LICENSING BOARD "THIS IS NOTA BUSINESS TAX RECEIPT" PLEASE VERIFY ALL INFORMATION FOR ACCURACY BREVARD COUNTY CONTRACTOR LICENSING BOARD CERTIFICATE OF COMPETENCY CERTIFICATE NO.: EXPIRATION DATE: EX70 08/31/2013 EXCAVATING CONTRACTOR ALVA M MOORE ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST KING ST COCOA FL 32926 IMPORTANT! THIS IS YOUR CERTIFICATE OF COMPETENCY DISPLAY AS REQUIRED BY LAW UNDER BREVARD COUNTY ORDINANCE CHAPTER 22, ARTICLE VI et••reir•- Department of Environmental Protection 2600 Blair Stone Road, IVI.S„ 3570 Tallahassee, Florida 32399-2400 August 31, 2009 congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly'appreciate your participation. in and successful completion of this course, 1 hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, conscruction, and maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you will find your numbered certificate and wallet card. Please let me know if there are any enors.in the certificate or card, or in the grading of your exam. IE can be of further assistance, please do not hesitate to contact me at 850/245-8294 or via email: halton.lunsford@dep.state.floas James Moore Atlantic Devekipment, of Cocoa 2185 West King Street Cocoa, FL 32926 DEPARTIVIENT OF ENVIRONMENTAL PROTECTION STORMWATER EROSIONANO,SECIMITATION CONTROL INSPPTORTRAININ§:p5:59RAm Moe Class DeTh Number August ZO, 2009 22259 QUALIFIED STORMWATER MANAGEMENT INSPECTOR QUALIFIED STORMWAITAMANAGEMENT PEQTQ dersigned hereby acknowledgcs that has successfull. imet all requirenagts. neCeS-ary to be fully certified through the Florida D.elpartinfn t of Bnvixonmental Protection Stormwater Erosion and :Sedinieiltaiibli Obi:1461 hispector TraTinitig Program August 20, 2009 Inspector Number 22259 itt-co 4.41 Cheat 17916 ATLADEV ACORDTM CERTIFICATE OF LIABILITY INSURANCE1 1 DATE ommotrrn,) 4/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. • M,...: lithe certificate holder Is an ADD111ONAL INSURED, the polky{ivs) most be endorsed- If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Free of such endorsement(s). PRODUCER Lanier Upshaw, Inc. 1115 US Hwy 98 South P.O. Box 468 Lakeland, FL 33802 INSURED Atlantic Development of Cocoa, Inc. 2185 West King Street Cocoa, FL 32926 Angel McGhee rzor eek 863 686-2113 11;0t. No 6826292 ADDRE68: Angel.Mcghee@LanieTupshaw.com Wim* INSURERS) AFFORDING COVERAGE INSURER A: Westfield Insurance Company INsRERa, BrldgefleldEmployers insurance INSURER C: INSURER D : INSURER E : INSURER F: NA!C 24112 10701 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDES) BY THE POLICIES DESCRIBE! HEREIN is SUalECTTOAU_ THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSK UJUL SU1SK POL�CY EFF 'POLICY 511P �Tn TYPE OF INSURANCE N POLICY NUMBER ;ri1MIDDIYYYYS 1MMIODlYYYY) 'I s A GENERALLIABwTY CMM4774145 04123/2012 04/23/20131 EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY -1 CI AIMS -MADE a OCCUR X PD Ded:5,000 GM& AGGREGATE UNIT APPUES PER: POLICY 11Li PTrfti'�r11� 1 LOC AUTOMOBILE UABILRY X ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS X HARED AUTOS X NON. WNE DAUTOS UMBRELLA LIAR E CCESS LIAB DEDUCTIBLE H OCCUR C.AMSSMADE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' UABILTWY ANY PROPRIETORIPARTNSRIFX OFFICERJ1 MBEREXCLUDED? (Mandatary in NH) r riasaibe under DPTION OF OPERATIONS below A Rented or Leased Equipment DESCRIPTION OF OPERATIONS I LOCATIONS/VEBIICLES (Mach ACORD ler, Addtlonal Ramnrka Schedule, If =se space Ls required) Certificate holder is Included as additional Insured with regards to the general liability as their interest may appear. WA CMM4774145 83044743 CMM4774145 I P` R 4SES"( "+oa in c& s1$0,000 1 MEDS XP(Anyaaepmmn) 510,000 PERSONAL&ADV INJURY 51,000,000 1GENERALAGGREGATE *2,000.000 PRODUCTS - COMP/OP AGG $2,000,000 5 04123312012 041231201 COMBINED =GM UMIr (Ear) $1.000.000 BODILY INJURY (Parpctsnn) $ BODILY INJURY (Perna $ PROPERTY DAIAAGE (Paraaident} 04/18/2012 041181201 04123/2012 041231201 CERTIFICATE HOLDER CANCELLATION City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 1EAAI H OCCURRENCE { IAGGREGATE WC &TATU- $ $ $ $ $ $ $ 1 PIT- E.LEACHACCIDENT s500,000 E.L. DISEASE -EA EMPLOYEE $500,000 I.I.. DISEASE - POLICY Ulla *500.000 $300,000 Limit 55,000 deductible SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH T11E POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. A0 rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo aro registered marks of ACORD #S1911321M191114 ALM City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. 6. Subject: Approve change in starting time for the May 21, 2013 Regular City Council Meeting from 6:00 pm to 7:00 pm. Department: Administrative Services Summary: On August 21, 2012, the City Council ratified proposed events and expenditures for the City's 50th Anniversary nine-month celebratory campaign. The third and final "Hallmark Event" is an invitation -only reception scheduled for Tuesday, May 21, 2013 immediately preceding the City Council Meeting. It is the desire of the 50th Anniversary Staff Committee to host the reception from 5:30 pm to 6:30 pm. This would accommodate individuals who may work past 5:00 pm and allow time for clean-up prior to the start of the City Council Meeting. The 50th Anniversary Staff Committee, therefore, requests that Council approve this change in starting time. Submitting Department Director: Angela Apperson, Date: on behalf of the 50th Anniversary Staff Committee Attachment: N/A Financial Impact: Cost of preparing agenda item and those related to the event. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council take the following action(s): Approve change in, starting time for the May 21, 2013 Regular City Council Meeting from 6:00 pm to 7:00 pm. Approved by City Manager: David L. Greene ,91. Date: City Council Action: [ ] Approved as Recommended [ 1 Disapproved [ ] Approved with Modifications [ I Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. 7 Subject: Approve, with conditions, the application for satisfaction or release of lien for Code Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a reduction from $14,250.00 to $5,771,25. Department: Code Enforcement Summary: At the February 21, 2013 Code Enforcement Board Meeting, the Board considered a request for a reduction of a Code Enforcement Board Lien in the amount of fourteen thousand two hundred and fifty dollars ($14,250.00). Shirley Weems, Property Representative, requested the reduction of the Code Enforcement Board Lien due to the fact that they were not the owners at the time of the violation and immediately brought the property into compliance. Staff requested that the Code Enforce ent Board recommend that City Council reduce the outstanding lien to five thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25). The Board unanimously recommended that City Council reduce the outstanding lien to five thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25). Submitting Department Director: Todd Morley/cP OD(' Date: 03/01/2013 Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release of Code Enforcement Lien, Board Order, Notice of Compliance, Current Lien Amount Calculation, Staff's Consideration for Reduction, Code Enforcement Draft Minutes. Financial Impact: Up to $8,478.75 in lien collection. Reviewed by Financial Services Director: John DeLeo Date: %) The City Manager recommends that City Council take the following action: Approve, with conditions, the application for satisfaction or release of lien for Code Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a reduction from $14,250.00 to $5,771.25. Approved by City Manager: David L. Greene 0 154- Date: -1/1/ City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Community and Economic Development Memo TO: David Greene, City Manager VIA: Todd Morley, Community and Economic Development Directo FROM: Joy Lombardi, Code Enforcement Board Secretary DATE: February 25, 2013 Code Enforcement Board Recommendation to the City Council for the Satisfaction or Release of Lien. (8771 Cocoa Court., Case #12-00071) At the February 21, 2013 Code Enforcement Board Meeting, the Board considered a request for the reduction of a Code Enforcement Board Lien in the amount fourteen. thousand two hundred and fifty dollars ($14,250.00) to five thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25). Shirley Weems, Property Representative, requested the reduction of the Code Enforcement Board Lien. due to the fact that they were not the owners at the time of the violation and immediately brought the property into compliance. The Board unanimously recommended that City Council reduce the outstanding liento five thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25). CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LEEN CODE ENFORCEMENT CASE #: I111I APPLICANT: Hieori hawx< ADDRESS: mi ERititscw CITY: A?PLICATIONFEE:$ DATE: 0(2711 STATE: F1: NATURE OF VIOLATION(S): ()I/WO:1K c—TaLriVinc 41V07 ADDRESS OF SUBJECT PROPERTY: 1177%CSA (41.01r 0ApK 8iutasizALE-90o DATE FINE/LIEN IMPOSED: 1 AMOUNT: igt a€ /DAY 0 COMPLIANCE DATE: 0 SFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT AS THE AMOUNT OF THE REDUCED F1NE. THE FACTUAL BASIS UPON WHICH•THErLATOR BFLYF'VES THIS APPLICATION SHO BE G D: (If more spa is needed add addi nal pages) VROPICall lc: Ubalaul , V, colthig11,0&-pplas OM HADs e`lirtA) FO:nalti) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICANN BE G (If more space is needed add additional pages) IL 0,..,„...bs Au &,. t. .4,.., 7 L CuealisrL9 lAOre SLE auTQAcr. THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE ER OF PENALTY OR FINE BEING IWOAND CORDED: (If more space is needed add btV15 &At D tit . ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO; THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE UCTION OR SA SFACTION OF PENALTY OR FINE: (If mo7space is needed add addition pages) b Get AITRAer rad vi STATE OF ICki-4,- . c.t.r--- COUNTY OF •rk"-. .+,-..,..\ BUM ME the undersigned authority did perponally appear bk...t (- (. _.(3e -e.rv....711, who provided 1:) 1___ as identification, and who after being place nder oath, swore or affirmed the information contained within this application is true and con-ect. (407).11411$ '1 FOR STAFF USE ONLY • PicolaileirrIllorelosason APPLICATION FEE: $ /00, CO RECEIVED BY CITY ON 2 h /13 COMPLIANCE CONFIRMED BY BUILDING OFFICIAL 014 7/5 / /3 CODE ENFORCEMENT REVIEW ON 2 / 2 ( 13 CODE ENFORCEMENT RECOMMENDATION ATTAGIED: N./. YES ACTION OF CITY COUNCIL.: APPROVE; DENY; APPROVE WITH FOLLOWING COMMONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Odllibi3 s:13 PH 00011416 Total 100.00 Last Atount 0.00.00 Dame 0.00 tA 0- Asount $0.00 City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Wells Fargo Bank, N.A., c/o Andrew Hohensee Owner of the Property located at: 8771 Cocoa Ct. Cape Canaveral, FL 32920 LEGAL: OCEAN WOODS STAGE 3-B LOT 80 PLAT BOOK 9025 PAGE 0056 Respondents, 1 Case #12-00071 CFM 2012259538, OR BK 6765 PAGE 2509, Recorded 12/27,12012 al 08:55 AM, MItch Needelman, Clerk of Courts. Brevard County Pgs:2 ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on December 11, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent , with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondents were further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 7510 N Atlantic Avenue --P.a Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (32]) 868-1247 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: A fine shall be entered immediately in the amount of two hundred and fifty dollars $250.00) p r day, includino all cost authorized by law related to the violatio0. until the violation is'coaecte and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 11th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Ma Copies fumished to: Wells Fargo Bank, N.A., c/o Andrew Hohensee City of. Cape rey 1 .Cease File &4 -,def' ell, Chairperson STA1►E OF HONDA CO1141YOFOMANI CITY OF CAPLCAMAVERAL t is C;de Why ......# this copy of Order Wessling Iwt* M ea Caw 1, /2—arr7/ dal(' 4br..aio,''' i< • 10d_, s O MM ara watt photocopy of ti Cap's mad copy IONINee, By my bend as do .Arid owl o4 the Oq Cope Camaro! MI Wi "�"`" dor of �Srf3e04 C4 ekfli February 8, 2013 Wells Fargo Bank, NA C/O MAC #X780-013 3476 Stateview Blvd Fort Mill, SC 29715 City of Cape Canaveral CODE ENFORCEMENT NOTICE OF COMPLIANCE CASE NO: 2012-00071 LOCATION OF VIOLATION: 8771 Cocoa Court, Cape Canaveral, FL 32920 PARCEL ID: 24-37-14-55-00000.0-0080.00 RESPONDENT(S): Wells Fargo Bank NA Your property was found in compliance on February 5, 2013, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221; International Property Maintenance Code (IPMC) adopted; IPMC Section 108, Unsafe Structures and Equipment; 108.1; IPMC Section 108.1.3, Structure Unfit for Human Occupancy; IPMC Section 303.4, Structural Members; IPMC Section 303.7, Roofs and Drainage; IPMC Section 304.1, General; IPMC Section 304.2, Structural Members. Thank you for your cooperation in this matter, If you have any questions, please do not hesitate to contact me at (321) 868-1222. exander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myllorida.comicane e-mail: eityofeapecanaveral.org February 21, 2013 City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT DIVISION A Code Enforcement Lien was filed on 12/27/12, for the property known as 8771 Cocoa Court, Cape Canaveral, Florida 32920. Brevard County Clerk of Court has recorded this Lien as CFN 2012259538, in the Official Record Book 6765, Page 2509. The legal in part is OCEAN WOODS STAGE 3-13, LOT 80 PLAT BOOK 0025, PAGE 0056. PI # 24-37-14-55-00000.0-0080.00 The fines are as follows: MONTH NO. DAYS AMT. TOTAL 12/11/12 21 days @ 250.00 = 5,250.00 1/13 31 days @ 250.00 = 7,750.00 2/5/13 5 days @ 250.00 = 1,250.00 TOTAL $14250.00 The property was found in compliance on February 5, 2013. Staff is recommending the Lien be reduced to $ 5, 771.25. STAFF'S CONSIDERATIONS FOR REDUCTION OF THE LIEN IS AS FOLLOWS: > THE AMOUNT OF STAFF TIME INVOLVED IN THE ENFORCEMENT OF THE VIOLATIONS. > ATTORNEY TIME. > THE RESPONDENT WAS NOT THE ORIGINIAL VIOLATOR. > THE LENGTH OF TIME IT TOOK TO BRING THE STRUCTURE INTO COMPLIANCE, ONCE THE PROPERTY WAS ACQUIRED BY THE NEW PROPERTY OWNERS. > MINOR BLIGHTING EFFECT ON THE SURROUNDING PROPERTIES. 7510 N Atlantic Avenue — P.O. lox 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.citvofcapecanaveraLm info@eltyofcanecanaveralorg Code Enforcement Board Meeting Minutes February 21, 2013 Page 5 Officer Alexander neopecffu||y requested that the Board find the Respondent in violation of work without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0114, Motion by Mr. Viens, seconded by Mr. Hsle, to accept staff's recommendation and impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0114. Vote on the motion carried unanimously. OLD BUSINESS: 1. Case No. 12-00071 — Violation of Section 108.1. Unsafe Structure:s and Equipment; Section 108.1.3. Structure Unfit for Human Occupancy; Section 303.1. General: Section 303.4, ShuctunaK Members; Section 303.7. Roofs and Drainage; Section 303.11, S1e|mvays, Decks, Porches and Balconies; Section 384.1, General: Section 304.2. Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8771 Cocoa CL) — VVeUs Forgo Bank, N./\.. c/o Andrew Hohensee. (Application for Satisfaction or Release of Code Enforcement Lien.) Code Enforcement Officer, Duree AJmxander, provided an overview of the Case history and presented exhibits for the Board's review, Officer Alexander testified that the violation was for an unsafe structure. was posted on the premise. Officer AlexaWelIs Fargo Bank to Federal Home Loan co on February 5, 2013. Officer Alexander exp|mi eda0MatStaffs to.PSiderGlgnOfor the re UcUnn of the lien included attorney fees; the fact that the new owner was not the cause of the violation; the length of time to bring the property into compliance once they purchased the property; the minor blighting effect on the surrounding properties; and the amount of Staff time involved in the enforcement of Shirleythe violations. Weems, Representative for Federal Home Loan Mortgage Corp, testified that the property was quickly brought into compliance. Ms. Weems stated that the property is ready to be sold and they have a buyer. She has submitted an application for the reduction of the Lien to Staff's costs. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of fourteen thousand two hundred and fifty do0ans ($14,250.00) to five thousand seven hundred and seventy-one dollars and twenty-five cents Motion by Mr. Viens, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of fourteen thousand two hundred and fifty dollars ($14,250.00) to five thousand seven hundred and seventy-one dollars and twenty-five cents ($5.771.25). Vote on the motion carried unanimously. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. Subject: Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to commercial parking facilities in the A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: Prior to the adoption of the A1A Economic Opportunity Overlay District on July 17, 2012, commercial parking facilities were not allowed in the City. With the adoption of the Overlay, commercial parking facilities became a special exception use in the M-1 Zoning portion of the Overlay District. In a letter dated August 20, 2012, Mr. Charles Pindziak requested that commercial parking facilities be changed from a special exception to a principal use. The Planning & Zoning Board discussed the request on October 24, 2012 and directed Staff to draft an Ordinance making commercial parking facilities a principal use and provide screening and landscape requirements specific to this use, On December 12, 2012, the P&Z Board reviewed the proposed Ordinance and recommended approval. On January 15, 2013, Council heard the Ordinance with the following recommendation: "Staff supports the Board's recommendation, but does not believe the language in the Ordinance represents the intent of Staff or the Board for screening and landscaping. It was the intent of Staff for the parking facility to be enclosed by fence or wall, but only provide the landscape buffer where visible from public view. The Ordinance, as drafted, requires a landscape buffer around the entire perimeter whether or not it is visible from public view and only requires a wall or fence where visible from public view." Accordingly, the Council unanimously agreed to return the Ordinance to the P&Z Board for further review and addition of a definition for "commercial parking facility". Planning & Zoning Board reconsidered the Ordinance on January 23, 2013, and recommended approval with revisions that clearly identify screening requirements and adds the following definition: "Commercial parking facility shall mean a facility primarily engaged in the commercial enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily or monthly basis. Commercial parking facilities shall not include those facilities for the storage of boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose vehicles''. Council approved the Ordinance upon first reading on February 19, 2013. Following first reading, the City Attorney made a minor wording change to the third sentence of Section 110-690 related to when the CED Director may exempt a perimeter boundary from the landscape buffer requirement. This sentence was revised so that it was consistent with the standard for the same exemption in Section 110-687(1)d. — i.e. the exemption is based on whether landscape buffer would create any visual interest or transition on the perimeter. This standard is set forth as the purpose of requiring landscape buffers in 110-687(1). The old language was included as one example of City Council Meeting Date: 03/19/2013 Item No. '5 Page 2 of 2 this situation, which will allow for flexibility and a case-by-case analysis of this issue. The Notice of Public Hearing was published on February 28, 2013. Submitting Director: Barry Brown Attachment: Ordinance No. 03-2013. Date: 03/07/2013 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Coun Adopt Ordinance No. 03-2013, second reading. Approved by City Manager: David L. Greene Date: 3\\\ ake the following action: Date: 3 //f/13 City Council Action:[ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 03-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO COMMERCIAL PARKING FACILITIES IN THE A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 11-2012, which established the A 1 A Economic Opportunity Overlay District ("EOOD") to promote hospitality related commercial development capitalizing on the Port of Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the A 1 A corridor's identity; and to promote a pedestrian -friendly environment; and WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and Development District; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of City of Cape Canaveral Ordinance No. 03-2013 Page 1 of 6 this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Commercial parkin facility shall mean a facility primarily engaged in the commercial enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or monthly basis. Commercial parking facilities shall not include those facilities for the storage of boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose vehicles. * ** ARTICLE X. A1A ECONOMIC OPPORTUNITY OVERLY DISTRICT * ** DIVISION 2. ADMINISTRATION * ** Sec. 110-609. - Use matrix. The A1A Economic Opportunity Overlay District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The district will have the most intense commercial intensity along A1A and there will be a transition between the land use, circulation, and streetscape along Central Boulevard. The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1— Land use matrix. *Uses (not a complete listing) Retail C-1 P City of Cape Canaveral Ordinance No. 03-2013 Page 2 of 6 C-2 M-1 P IP Personal Services P P 'SE Hotels and Motels P 'P 'SE Banks P P 'SE Assisted Living Facility SE 'SE NA 2Pharmacies P P NA 2Flex space (office, showroom, warehouse) SE SE P 2Convenience store w/gas SE SE P 2High tech / light manufacturing SE P P 2Warehousing NA SE P 20ff-site cruise ship parking accessory to hotels and SE SE SE motels Commercial Parking Facility (minimum lot size of 5 NA NA SE 43 acres) 'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA) Development Agreement (DA)] 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added Use 2Use included to clarify intent of code 3Subiect to specific screening requirements set forth in section 110-690 of this Code 'Uses not specifically listed may be approved as a Planned Development (PD) * * * DIVISION 6. LANDSCAPING *** Sec. 110-687. - Project perimeter. (1) To create visual interest and transition on the perimeter between adjacent properties, a landscaped area shall be provided between the adjacent properties and the public right-of- way. City of Cape Canaveral Ordinance No. 03-2013 Page 3 of 6 a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five feet. b. At least 50 percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of 30 inches in height, with one medium or large tree planted for each 25 feet or fraction thereof of the linear property length, or one small tree or palm tree planted for each 15 feet or fraction thereof of the linear property length. c. The layout of the required landscaped area shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least 50 percent of the required landscape along that perimeter. d. Unless otherwise expressly required by this article, the community and economic development director may exempt a perimeter boundary from this section if the community and economic development director determines that the perimeter boundary does not abut a public space, including, but not limited to, a public road, sidewalk or park, and the perimeter boundary does not create any visual interest or transition on the perimeter between adjacent properties. e. Commercial parking facilities subject to section 110-690 are exempt from this section. *** Sec. 110-690. - Reserved Required screening for commercial parking facilities. A commercial parking facility shall include a fence or wall around the perimeter of the facility. Further, a perimeter boundary landscape buffer shall be required when a commercial parking facility is located adjacent to a non -industrial type use or a public space, including, but not limited to, a public road, sidewalk or park. When the perimeter boundary is located adjacent to a non -industrial type use, the community and economic development director may exempt a perimeter boundary from the landscape buffer requirement if the landscape buffer would not create any visual interest or transition on the perimeter between adjacent properties (e.g. landscape buffer not visible from non -industrial use). Landscape buffers required pursuant to this section shall be consistent with the following: Laj Opaque walls and fences shall be continuously landscaped along the outside perimeter using shrubs and trees with minimal gaps or breaks in between plantings. Chain link fencing or other non-opaque walls or fences shall be continuously .021 landscaped along the outside perimeter with shrubs, plus one (1)10 -point tree, as defined by section 110-567, every 35 feet in order to provide an opaque screen. City of Cape Canaveral Ordinance No. 03-2013 Page 4 of 6 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of March, 2013. ATTEST: ANGELA APPERSON, City Clerk / Assistant City Manager First Legal Ad Published: First Reading: Second Legal Ad published: Second Reading: February 7, 2013 February 19, 2013 February 28, 2013 March 19, 2013 Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 03-2013 Page 5 of 6 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2013 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Item No. () Subject: Ordinance No. 04-2013; amending the definition of "height of buiiding" set forth in Section 110-1 of the Cape Canaveral Code of Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: On September 18, 2012, City Council discussed how building height is measured and how to prohibit artificially raising the grade to allow measurement of building height from the new grade. After discussion, consensus was reached to have the Planning & Zoning Board study the definition of building height and provide a recommendation to the City Council. Per Section 110-1, "height of building" is defined as follows: Height of building means the vertical distance from 12 inches above the crown of the fronting road or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and gambrel roofs. Measurement must be in compliance with the 100 -year flood level, as determined by the Federal Emergency Management Agency. On October 24, 2012, P&Z Board discussed amendments to clarify the intent of the Code and directed Staff to prepare an Ordinance adding the following language: "Excess fill placed at or around any portion of the building shall not be used as a means to circumvent any maximum height requirement." On December 12, 2012, the Board continued discussion of the Ordinance and determined that a definition of "excess fill" was needed. At its January 23, 2013 meeting, the P&Z Board agreed to a definition for excess fill as "fill placed above the first/ground floor elevation" and recommended adoption of the Ordinance. Council approved the Ordinance upon first reading on February 19, 2013. The Notice of Public Hearing was published on February 8, 2013. \7) Submitting Director: Barry Brown Attachment: Ordinance No. 04-2013. Date:03/07/2013 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John Deleo , Date: )1 The City Manager recommends that City Councii" ake the following action: Adopt Ordinance No. 04-2013, second reading. Approved by City Manager: David L. Greene (.91) -4 - Date: City Council item No. Page 2 of 2 eeting Date: 03/19/2013 City Council Action: [ 1 Approved as Recommended [ ] Disapproved [ 1Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 04-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE DEFINITION OF "HEIGHT OF BUILDING" SET FORTH IN SECTION 110-1 OF THE CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to clarify the definition of "height of building" set forth in Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 110-1. Section 110-1, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 110-1. It is intended that the text in Section 110-1 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. - Definitions. * * * Height of building means the vertical distance from 12 inches above the crown of the fronting road or finish grade at the building line, whichever is highest, to (I) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and gambrel roofs. Excess fill placed at or around anv portion of the building shall not be used as City of Cape Canaveral Ordinance No. 04-2013 Page 1 of 3 a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the first/ground floor elevation. Measurement must be in compliance with the 100 -year flood level, as determined by the Federal Emergency Management Agency. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of March, 2013. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: February 19, 2013 February 28, 2013 March 19, 2013 Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 04-2013 Page 2 of 3 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 04-2013 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2013 Rem No. 4 Subject: Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of Ordinances related to outside storage; providing for a definition; repealing the special exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: August 21, 2012 — City Council discussed Code Sec. 110-334(c)(11 ), entitled: "commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items". Council considered the appropriateness of locating such establishments along SR A1A. By consensus, Council requested the Planning & Zoning Board study the issue and return a recommendation to the City Council. August 22, 2012 — After discussion of the issue, the P&Z Board directed Staff to prepare an ordinance prohibiting such establishments in the C-1 District within 400 ft. of the entire SR A1A roadway, as well as all of Central Boulevard; and to change "outside storage" from a special exception to a principal use in the M-1 industrial Zoning District. October 24, 2012 — P&Z Board reviewed a draft ordinance and recommended that the 400 ft. setback from the identified roadways appy to the C-2 Zoning District, as well. Specific buffering and landscape requirements for this use were also discussed. The Board directed Staff to bring a revised ordinance back for further consideration. December 12, 2012 - P&Z Board concluded that the 400 ft. setback left only a few possible locations in C-1 and 0-2 for this use on SR A1A and Central Blvd, The Board also did not want "storage of RVs, trailers, etc." located along North Atlantic Avenue and, therefore, recommended prohibiting the use in all of the C-1 and C-2 Zoning Districts, rather than calling for a 400 ft. setback. In addition, the Board recommended changing "outside storage" from a special exception to a principal use in M-1. January 15, 2013 - Council heard the Ordinance, formerly Ordinance No. 02-2013, and supported the P&Z recommendation to prohibit "storage of RVs, trailers, etc." in C-1 and C-2 Zoning Districts. Council also understood Staff's concern that the full ramifications of making "outside storage" a principal use may not have been considered. While the type of buffering and screening needed for storage of RVs, trailers, etc. can be anticipated, "outside storage" is potentially more encompassing. Additionally, "outside storage" couid include shipping containers, construction equipment & supplies, or other uses that may require additional buffering or screening than required by Code. Staff recommended that "outside storage" remain a special exception. By unanimous consensus, Council returned the Ordinance to the P&Z Board for further consideration and provision of a definition for "outside storage". January 23, 2013 - In an effort to preserve the original Ordinance and due to the City Council Meeting Date: 03/19/2013 Item No. Page 2 of 2 revisions made, a new ordinance number was issued, Ordinance No. 05-2013. The P&Z Board unanimously recommended it with the revisions that will continue to list "outside storage as a special exception use and added the following definition: "outside storage shall mean the commercial storage of licensed recreational vehicles, trailers, and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period of longer than 24 hours". Council approved the Ordinance upon first reading on February 19, 2013. The Notice of Public Hearing was published on February 28, 2013. Submitting Director: Barry Brown Attachment: Ordinance No. 05-2013. Date:03/07/2013 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo Date: --)\(!)\\1) The City Manager recommends that City Council iake the following action(s): Adopt Ordinance No. 05-2013, second reading. Approved by City Manager: David L. Greene i9 Date: If ff-3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain ORDINANCE NO. 05-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES RELATED TO OUTSIDE STORAGE; PROVIDING FOR A DEFINITION; REPEALING THE SPECIAL EXCEPTION IN THE C-1 AND C-2 ZONING DISTRICTS FOR THE COMMERCIAL ESTABLISHMENTS FOR THE STORAGE OR PARKING OF RECREATIONAL VEHICLES, TRAILERS AND TRAILERABLE ITEMS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2009, the City conducted a community-based, citizen driven Visioning process to develop a vision and strategy for future development and redevelopment of underutilized areas located in the City; and WHEREAS, in order to encourage future development consistent with the principles developed during the Visioning process, the City desires to amend the actual list of special exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing Districts to repeal special exceptions for commercial facilities for the storage or parking of recreational vehicles, trailers and trailerable items; and WHEREAS, it is the City Council's intent that the outside storage or parking of recreational vehicles, trailers and trailerable items be generally considered as outside storage, which is permitted by special exception in the City's M-1 Light Industrial and Research and Development District; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 05-2013 Page 1 of 5 Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Outside storae-e shall mean the commercial storage of licensed recreational vehicles, trailers, and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period of longer than 24 hours. * ** ARTICLE VII. DISTRICTS * ** DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Section 110-334. Special exceptions permitted by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** (11) Reserved. C.,.aa..a,,.,:Gl „JtGI�:jJjJ1111.//,..t.J f,,. 11., �\. V..a v4�a.,1aGl Y,..aaavly J, tLGalvaJ 4aa1 it Gll.rl GlJ.v Ia,.. alJ, l,aV Valval at aaa�v�J ilav i'araly VV aaab, GJ G City of Cape Canaveral Ordinance No. 05-2013 Page 2 of 5 Pv1:.1:.11w.111. t sizc of 10,000.4....: feet - ,,L``. V1.1.;‘,16,Siijla ,; al;,u !haat L:, :1La.,unA1 fine 1 vl.:w Ly ., 1111y1 YYall�; 1 v11,,,.J Vi 11..J,vJ. �. ��alli, fVllVv] a11J 11V.I VJ 11jLuSt ljjVlll�lly vv�,tyl. all llty jiu1VJ and i ��1,ulat1V11a and 11luSl LV 1\1.+I.,L 111 �,V V:1 VlJ11l11 t1 V.1 J , aS t, viaJlily \1 \/�1 ti 1./V i1V11 1I i111 'Y 1.+VY . DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT *** Sec. 110-354. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be granted for the following: (1) Outside storage, subject to section 110-566, where applicable. DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-393. - Special exceptions permissible by the board of adjustment. *** (c) Special exceptions may be permitted for the following: (7) Reserved. ��LY,lg1a 1. 11v. v:Gl l�Vi V11J11111 V11ts-for tl1V JtVia :, Vlr,a1k 11 ,1VN1 \+QtIO11411 Y.+111L1V, J, tlall.+1J 1A114 11u11.+11t0, }noIt 111V4LJ tllV ills, c Cl a. M1.1:.111..11 1V. ;:�.� .,f 10,000 S.,ual., fcct. L. NV;;;:.l;.. Ly City of Cape Canaveral Ordinance No. 05-2013 Page 3 of 5 Nall,, 1fc��. �� a.ld Lcdgcs fi...t all .;ly 1N1,,� and IV�NIatl VllJ Glld illUJl LV JV aJ 1V V1lJN1V Vl, Jtl NV11 Vl! 'fivul rli.vr: Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of March, 2013. ATTEST: ANGELA APPERSON, City Clerk ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 05-2013 Page 4 of 5 For Against First Legal Ad Published: First Reading: Second Legal Ad published: Second Reading: February 7, 2013 February 19, 2013 February 28, 2013 March 19, 2013 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 05-2013 Page 5 of 5 • ••••••,:"..i1N11,•:•1•1;.:74.5(''' City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/19/13 Item No. Subject: Recreational Vehicles in Mobile Home Parks. Department: Community & Economic Development Summary: Code Enforcement Staff received Mayor's Request #12-11-2 regarding (among other things) Recreational Vehicles (R.V.'s) temporarily parked between Mobile Home units in Mobile Horne Parks. Code Enforcement Staff investigated and found that R.V.'s were indeed parked in Mobile Home Parks in violation of City Code. After Staff consultation, it was determined to pursue a corrective course of action and compel the removal of the R.V.'s. Subsequently, Staff received Mayor's Request #13-01-14 requesting direction on behalf of a Mobile Home Park Manager. Staff replied that a corrective course of action was initiated. Shortly thereafter, Councilmember Hoog indicated to Staff that the City should consider revising the prohibition in light of economic conditions. Staff reviewed the code/long-range economic impact and recommends that we do not revise the prohibition. This would have the effect of continuing the non -conformity, thereby decreasing the likelihood that the property would provide any further contribution to the economic development efforts intended by the Visioning Plan, Community Redevelopment Area, Economic Opportunity Overlay District, and the Cape Canaveral Economic Enhancement District. Staff asks Council review the relevant code sections, consider the impacts of a revision and provide direction. How the code distinguishes between R.V.'s and Mobile Homes: Section 110-1 Definitions: • Camper trailer. See the definition of "recreational vehicle." Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width, which bears a seal from the United States department of housing and urban development, designed for travel over highways and streets or for house accommodations or both, manufactured on an integral chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. Mobile home means a structure as defined in F.S. § 553.36(12). o Editorial notes: o F.S. defines "Mobile home" as any residential unit constructed to City Council Meeting Date: 3/19/13 Rem No. // Page 2 of 7 standards promulgated by the United States Department of Housing and Urban Development. o United States Department of Housing and Urban Development defines "Mobile Home" as: A manufactured home (formerly known as a mobile home) is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section. Manufactured homes are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis. 011.4 'Ml,,,t,11,111101,i 111, 1,11, 1011111,1' 0,401°111 oMid4 11,111.111°' 4011v.f, '4111111 p1,0,11r1t;', ;Iv .11'41., e„ ;11111,11 „, ,111 P11111't 4111'„,111,1i, $"1 t4ik 0:111.1'111, I 3,',111111111t 10'dti 17, ',!tlhu t" *t II 4f, 'utl: m 0.11111t 1101 111 '„,1140111 k "Al+ 14111111' .11 11 1,,,11 1 I.. 1111111 41,4111ou'otu,NP.M.0 ,,, I N'',!* Mobile home park means a single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Recreational vehicle means a unit designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes travel trailer, camping trailer, truck camper, motor home and wheeled recreational trailer. Trailer park means an area duly licensed by the city and approved by the state board of health, which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers. Travel trailer. See the definition of "'recreational vehicle." Notes regarding Definitions: 1. Mobile Homes are defined distinctly by the red certification label, 2. A mobile home park is authorized to contain mobile homes. 3. There are no Business Tax Receipts issued for the use "Trailer Park". 4. Per definition, a Trailer Park can contain Mobile Homes. However, this does not mean that a Mobile Home Park can contain R.V.'s. ARTICLE V. — NONCONFORMITIES Sec. 110-192. - Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or City Council Meeting Date: 3/19/13 Item No. /1 Page 3 of 7 districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Notes regarding non -conformities: Mobile Home Parks are nonconforming, but have an important protection: individual mobile home units can be replaced by permit issued by the Building Official. The Code Enforcement Investigation revealed in some cases, as mobile home units are being removed, they are being replaced with R.V.'s. ARTICLE IX, DIVISION 6— VEHICLES AND VESSELS Sec. 110-551. - Location of recreational vehicles, camping equipment, boats and boat trailers. No person shall occupy or reside in any travel trailer, camper trailer, camper (truck- mounted), motor travel home or tent in any location within the city other than a duly licensed and approved trailer park, except as provided in this section. Except as necessary for repair or maintenance, no boat, utility trailer, recreational vehicle or special purpose vehicle or structure designed to be mounted upon and carried by another vehicle, shall be used as an accessory building or connected to any utility or electrical service, except for temporary connections to battery charging devices. Notes regarding this section: Travel Trailers and Camper Trailers (synonymous with R.V.'s) are allowed in an approved Trailer Park. However, there is no current zoning category (use) for "Trailer Park". "Lessons Learned in Planning & Zoning", a book by P&Z Board Chairman, Lamar Russell, indicates that a 1967 zoning map included a zone entitled "TR -1 Trailer Home Park". Subsequent zoning maps do not contain this zone. Sec. 110-551(b)(2)(e) authorizes only temporary connections to utilities except for battery charging. This has the effect of prohibiting the use for living quarters (no plumbing). Mr. Russell's book, Appendix C, item 11 provides: "No person is allowed to live in a vehicle. No water or electric utilities are to be connected, except for temporary maintenance." City Council Meeting Date: 3/19/13 Item No. /1 Page 4 of 7 Sec. 110-553. - Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles. No person or persons shall reside in or occupy with the intent of using as shelter any boat, utility trailer, recreational vehicle, special purpose vehicle or other automotive vehicles, such as an automobile, truck, bus or the like in the city for a period in excess of 24 hours, with the exception of recreational vehicles in an approved and permitted site used for recreational vehicles. Economic Analysis: Comparison of Ad Valorem taxes of various uses on a "per acre basis" in the City of Cape Canaveral (source: Brevard County Property Appraiser): • Name: Vacant commercial land adjacent to AJT Building o Use code: Vacant • Market value: $464,100 • Acreage: 6.9 • Ad Valorem tax for 2012: $8,565.25 • Ad Valorem tax per acre: $1,241.34 Name: Carvers Cove Use code: Campground Trailers Campers & Tents. Market value: $525,000. Acreage: 3.87 Ad Valorem tax for 2012: $9,689.20 Ad Valorem tax per acre: $2,503.67 • Name: Cocoa Palms • Use code: Manufactured Housing Park • Market value: $1,050,000 • Acreage: 6.75 • Ad Valorem tax for 2012: $19,378.41 • Ad Valorem tax per acre: $2,870.88 • Name: Homestead condominium at 8500 Rosalind Ave. Unit#1 • Use code: Condominium Unit • Market value: $42,920 • Acreage: .07 • Ad Valorem tax for 2012: $330.73 • Ad Valorem tax per acre: $4,724.51 Name: Palms East City Council Meeting Date: 3/19/13 Item No. /1 Page 5 of 7 O Use code: Low Rise Apartments Market value: $3,800,000 • Acreage: 10.99 o Ad Valorem tax for 2012: $70,131.28 • Ad Valorem tax per acre: $6,381.37 • Name: Cape Canaveral Joint Venture (Craig Technologies) • Use code: Light Manufacturing • Market value: $4,900,000 • Acreage: 12.44 • Ad Valorem tax for 2012: $90,432.44 • Ad Valorem tax per acre: $7,269.48 Name: McDonald's at 8780 Astronaut Blvd. Use code: Fast food restaurant Market value: $625,000 Acreage: 1.48 Ad Valorem tax for 2012: $11,534.76 Ad Valorem tax per acre: $7,793.76 • Name: Residence Inn • Use code: Full Service Hotel • Market value: $3,300,000 • Acreage: 6.23 • Ad Valorem tax for 2012: $60,903.48 O Ad Valorem tax per acre: $9,775.84 Name: Commercial Plaza at 8699 Astronaut Blvd. (Kelsey's/Subway/etc.) Use code: Retail store Market value: $690,000 Acreage: .85 Ad Valorem tax for 2012: S12,734.37 Ad Valorem tax per acre: $14,981.61 • Name: Homestead SFR at 316 Surf Dr. • Use code: SFR • Market value: $199,460 • Acreage: .19 • Ad Valorem tax for 2012: $2,951.55 • Ad Valorem tax per acre: $15,534.47 City Council Meeting Date: 3/19/13 Item No. // Page 6 of 7 • Name: Non -homestead townhome at 229 Cherie Down • Use code: Townhouse • Market value: $87,070 • Acreage: .08 • Ad Valorem tax for 2012: $1,371.82 • Ad Valorem tax per acre: $17,147.75 Viewed as a Chart: 20000 18000 16000 14000 12000 10000 8000 6003, 4000 2000 0 .-A\P Comparative Use Values Ad Valorem tax per acre (BCPA Data) cs•‘5 .2.4k5" 44' Conclusion: Ad Valorem tax proceeds for Mobile Home Parks are less than most uses. Given that many of the City's Mobile Home Parks are located in the Community Redevelopment Area (CRA), it appears to be inconsistent with the City's Vision to extend the Mobile Home Park non -conformity by approving this additional use. The overall community purpose is better served by maintaining the prohibition, encouraging the long-range increase in the City's taxable value base and raising the values of neighboring uses by the eventual redevelopment of Mobile Home Parks. Making no change means that: • Park owners may continue to keep the Mobile Home use as long as they wish. • The prohibition against R.V.'s in Mobile Home parks would remain in effect and be subject to Code Enforcement action. City Council Meeting Date: 3/19/13 Item No. // Page 7 of 7 Changing the code to allow R.V.'s in Mobile Home Parks means that: • Park owners may continue to keep the Mobile Home use + the R.V. use as long as they wish. • Park owners would benefit in the short term from the cash influx generated by approval of R.V. rentals. • This action is inconsistent with the Visioning Plan, Community Redevelopment Area, Economic Opportunity Overlay District, and the Cape Canaveral Economic Enhancement District. Submitting Department Director: Todd Morley Attachments: Mayor's Requests #12-11-2 and #13-01-14. Response to Mayor's Request #12-11-2. Date: 3/11/2013 Financial Impact: Staff time to prepare this item; potential cost to produce an Ordinance revision. Reviewed by Finance Services Director: John DeLeo Date: The City Manager recommends that City Council take the following action: Maintain the prohibition against R.V.'s in Mobile Home Parks. Approved by City Manager: David L. Greene 0 1Y Date: 3(fii ,2 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ Approved with Modifications [ 1 Tabled to Time Certain CITY OF CAPE CANAVERAL COUNCIL BER/CITY MANAGER REQUEST/COMPLAINT FORM (REQUEST,./C-ItAIELWEST #: RECEIVED FROM: 031APE2M: C ,(-2; (N'' V-4:" ) ) 7.f.) DATE RECEIVED: 30 N---; ..i.-.4„ p. 4;, -T-cao.,Qe1 `-\P c'-* ok-.' C — _.\,-,,t,, ,,J.V4..x,... , ,,,,-._.:_ O() ,..),--,,c, ---71- (77,* p 441(1 ....-v,.. f* 0 qr,-/-:.1 t--, (7,----/-. ccci., CI cz.- _ CE4 5.--.. CL'''3c„-'3 i cxk_ 321-783-0856 321-338-2068 321-452-2226 Ala k ie c4omeA, Beach Side Living R.V. and Mobile Home Lots A.G. APPLEGATE BRUCE K WAGNER 8817 N. Atlantic Ave. Cape Canaveral. FL 32920 REFERRED TO: COM\ yn DATE: - Z- - 2.013 BY 11111111111161110.1.11111111111111.1gElgEN UN1XIC111111X1X11111101$11119V1S111NSININCIIIIIIIIIMIC1ICINWPRIK11111111911 DEPARTMENTAL ACTION TAKEN: ****************************************************************************** CITY MANAGER'S COMMENTS: RETURNED TO REQUESTOR/COMPLAINT ON: BY: David L. Greene, City Manager J7• irt CITY OF CAPE CANAVERAL COUNCILMEMBER/CITY MANAGER RE9UEST/COMPLAINT FORM COMPLAINT #: UES \INN, RECEIVED FROM: COMPLAINT: T-Dvts' CCA.Q- Q Qrx,4 -- CAA Q.,OLA „,; (.20LA "to 414-- C" -t -LN sh.A -O 1/4/P•4*-› (*. p \"4-4.e./e QA IN) 0 Q A -1V/"Yx`4,0>-6kA 4z.9s 0.3 Q.Q,Kt. tz. DL"..Qc,( 14-Q4,J- 4)A7 REFERRED TO: DATE: 1k BY — —7. -- DATE RECEIVED: - 2 - •to Is • ii.vicv4v4v-..-%; • \ • 111111•11.111.1111113110111111111111111•11PO11111B1111111111SOW111 DEPARTMENTAL ACTION TAKEN: ******************************************ii*********************************** CITY MANAGER'S COMMENTS: (R\eaSe_ ec rx-IA c RETURNED TO REQUESTOR/COMPLAINT ON: By: David L. Greene, City Manager "' II 1,111;,D11,11111il!!„!!r „ un111, u,n 101111111111111?111: 11.61111 '111111.,1,0,1,1,110,1!Ilk.tbg...i5Pc",i:',,..:!!:!..!!!!!..1!.,!,!...P.P11001.111.1.11.11.11,111f1111111111.11111111111.111.1111111! • • • 1,1 411,4„itzfig, 12,40e ^4 .601D0 11‘ —e 02 (xi._ Rocky Randels From: ient: To: Cc: Subject: Follow LpFlag: Flag Status: Kim: Glenn Pereno Wednesday, November 28'JOl23:22PM Kim McIntire Todd Morley; Rocky Randels RE: Updates on Mayor Randels Requests Follow up Flagged The following is in response to your request for a status report(s). I summarized the list for your files, and they are: 1. Request 12-11-02: Mobile .Home; numbering is required and staff notifies property owners with a door hanger. I e event compliance is not met, cocie enforcement action is taken i.e. notice ofviolation. In relationship to Mobile Parks and placement of RV/Trmd trailer, it appears these unit(s) have been in existence since my hire. The City Code of Ordinances that governs these parks prohibits mixing mobile home(s), RV/Travel Traller(s) in those zoned areas. However, the existing unit(s) are non -conforming. will set some time to discuss this with Todd and staff in the near future for a course of action. 2. Request 12-09-27: Vacant parcel, property owner has been cited and will follow-up on compliance status. 3. Request 12-10-24: Parking on Anchorage/ROW, based on City Code of Ordinances, parking in ROW is prohibited and staff will be contacting individual property owner(s) regarding these violations. 4. Request 12-10-23: Pease forward for review. S. Request 12-10-09: Pease forward for review. Respectfully, Glenn PerenoBuilding Official Community & Economic Development Department City of Cape Canaveral 7518N.Atlantic ANT. P.O. Box 326 Cape Canaveral, FL3%91O (321) 868-1222 x12 (321) 868-1247 (fax) g.00mooWcitvofcunuounaverol.oru *nw.chrolcunooaonrom\.nre "What aMan does for himself dies with him, nit what a Man does for his conononjty Lives forever"