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HomeMy WebLinkAboutAgenda Packet 04-16-2013 (OCR)CE # City of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday April 16, 2013 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS INTERVIEWS: Proclamation designating the Week of May 5 - 11, 2013 as "Municipal Clerks Week". Proclamation designating May 18, 2013 as "National Kids to Parks Day". Interview applicant Douglas Raymond for appointment to the Board of Adjustment. Interview applicants Jerry Agtmaal, William Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich for appointment to the Construction Board of Adjustment and Appeals. CITY ATTORNEY'S REPORT: 6:30 p.m. — 6:35 p.m. AUDIENCE TO BE HEARD: 6:35 p.m. — 6:50 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 (51 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. 105 Polk Avenue • Post Office 130N 326 • Cape Canaveral, 171... 32920-0326 Telephone (321) 868-1220 • Fax: (321)868-1248 www.cityolcapecanaveral.org • email: in Co(weicyoleapecanaveral.org City of Cape Canaveral, Florida City Council Meeting April 16, 2013 Page 2 of 2 CONSENT AGENDA: 6:50 p.m. — 6:55 p.m. Approve Minutes for City Council Meeting of March 19, 2013. 2. Award Year 3 of the Lining of Manholes and Lift Station Wet Wells Program to the Hinterland Group, Inc. of Cocoa, Florida in the amount of $171,786 and approve a budget transfer from contingency of $71,786 to complete the project in three years instead of four. Resolution No. 2013-08; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Douglas Raymond) 4. Resolution No. 2013-09; appointing Members to the Construction Board of Adjustment and Appeals of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Jerry Agtrnaal, William Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich). REPORTS: 6:55 p.m. — 7:10 p.m. 5. 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: 4/16/2013 Presentations/Interviews Subject: Proclamation designating the Week of May 5 - 11, 2013 as "Municipal Clerks Week". Department: Legislative Summary: With 9,500 members throughout the United States, Canada and 15 other countries, the International Institute of Municipal Clerks (HMG), a professional association of City, Town, Township, Village, Borough, Deputy and County Clerks, sponsors Municipal Clerks Week. Although it is one of the oldest positions in local government, few people realize the vital services Municipal and Deputy Clerks perform for their community. Primarily, they act as the cornerstone of their Council. Here are just a few of the many duties a Municipal Clerk may perform: • Maintains the official City Council minutes, ordinances, resolutions, records and documents. • Indexes all official actions of the City Council. • Processes contracts and agreements. • Keeps community history and vital records. • Receives, distributes and files correspondence from citizens and other governmental agencies. • Administers elections, registration and voting. It takes Municipal Clerks months to organize and prepare this key element in the democratic process which must be done correctly for the whole system to work! • Acts as a key liaison between local government and its citizens. • Handles significant financial responsibilities including preparation of tax rolls, special assessments and budgets. • Provides central services such as personnel, purchasing, etc. One of local government's deep-rooted titles is the Municipal Clerk, and their duties have expanded over the years. Today, modern technology assists them with their increasing responsibilities. IIMC provides the tools to be sure your Municipal and Deputy Clerks can properly operate new computer applications, are current regarding the latest records management techniques and other relevant information, and they may return to the classroom to increase their knowledge of these issues, to learn new material and sharpen old skills - all in order to give you the best service possible! IIMC has sponsored Municipal Clerks Week since 1969. In 1984 and in 1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation City Council Meeting Date: 4/16/2013 Presentations / Interviews Page 2 of 2 officially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government. During this week, Municipal Clerks throughout the world will host open houses and tours of the Municipal Clerk's office, visit local schools and participate in other various events. The IIMC has designated May 5 - 11, 2013 as Municipal Clerks Week (MCW). Submitting Council Member: Mayor Rocky Randels Attachments: Proclamation and poster. Financial Impact: Staff time to prepare item. , aTIA, Date: -57( Reviewed by Finance Director: John DeLeo Date: lb The City Manager recommends that City Counci ke the following action(s): Read the Proclamation designating the Week of May 5 - 11, 2013 as "Municipal Clerks W eek". Approved by City Manager: David L. Greene 9 Date: 3 City Council Action: [ ] Approved as Recommended ]' Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Minn c:rifibrib WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the_ Office of the Municipal Clerk is the oldest among public, servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, .Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the NIunicipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international organizations; and 1VIIEREAS, it is most appropriate that we recognize theaccomplishments of the Office of the Municipal Clerk; and NOW, THEREFORE; 1, Rocky Randcls, Mayor of the City of Cape Canaveral, Brevard County, Florida, do recognize the week of May 5 - II, 2013. MUNICIPAL CLERKS WEEK And jitrther extend appreciation to our Alunicipal Clerk, Angela Al. Apperson, and to all Municipal Clerks for the vital services they per/ rio and their exemplary dedication to the communities they represent. z 1,1 n111;11110 May 5 - 11, 2013 Although it is one of the oldest positions in local government, few people realize the vital services Municipal and Deputy Clerks perform for their community. Primarily, they act as the cornerstone of their council. Do you know what your Municipal Clerk does for your Community? Here's just a few of the many duties your Municipal Clerk may do: • Maintains the official council minutes, ordinance books, records and documents. • Indexes all official actions of council. • Issues licenses and permits. • Processes contracts and agre.ments. • Keepers of community history and vital records. • Receives, distributes and files correspondence from citizens and other governmental agencies. • Administers elections, registration and voting. It takes Municipal Clerks months to organize and prepare this key element in the democratic process which must be done correctly for the whole system to work! • Acts as a key liaison between local government and its citizens. • Handles significant financial responsibilities including preparation of fax rolls, special assessments and budgets. • Provides central services such as personnel, purchasing, etc. One of local government's deep-rooted titles is the Municipal Clerk, and their duties have expanded over the years. Today, modern technology assists them with their increasing responsibilities. IIMC provides the tools to e sure your Municipal and Deputy Clerks can properly operate new computer applications, are current regarding the latest records man- agement techniques and other relevant information, and they may return to the classroom to increase their knowledge of these issues, to learn new material and sharpen old skills- all in order to give you the best service possible! IIMC has sponsored Municipal Clerks Week since 1969. In 1984 and in 1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Procla- mation officially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government. During this week, Municipal Clerks throughout the world will host open houses and tours of the Municipal Clerk's office, visit local schools and participate in other various events. -4k; y0«e(eit4 aoo«r; t today! - City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/16/2013 Presentations/Interviews Subject: Proclamation designating May 18, 2013 as "National Kids to Parks Day". Department: Legislative and Leisure Services Summary: The National Park Trust (NPT) is dedicated to preserving parks today and creating park stewards for tomorrow. NPT is the nation's only organization dedicated to the completion, and the full appreciation, of the American system of local, state and national parks through the identification of key land acquisition and preservation needs. The future of our nation's treasured parks, public lands and other open spaces rests in the hands of our youth. Through NPT's widely respected and rapidly growing kids to parks initiatives and Buddy Bison (NPT mascot) youth education program, everyone will be provided with the American Park experience they deserve. May 18, 2013 is the third annual National Kids to Parks Day organized and launched by the National Park Trust. National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; it is important to introduce a new generation to our nation's parks because of the decline in Park attendance over the last decades; we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and, National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants. National Kids to Parks Day will broaden children's appreciation for nature and the outdoors. The City of Cape Canaveral has planned a day of events including music, sport games (basketball, dodge ball, soccer, etc.) at Canaveral City Park from 12 p.m. - 2 p.m., with water and snacks provided. Residents of the City of Cape Canaveral are urged to make time May 18th, 2013 to take the children in their lives to a neighborhood, state or national park. For more information please go to www.kidstoparks.orq. Submitting Council Member and Department Director: Mayor Randels and Gustavo Vergara / Attachment: Proclamation Financial Impact: Staff time to prepare item and c event. Date: 4-1-13 tv Reviewed by Finance Director: John DeLeo \ Date: / The City Manager recommends that City Counii I take the following action(s): Read the Proclamation designating May 18, 2013"National Kids to Parks Day". Approved by City Manager: David L. Greene 0 1/4-2. Date: i-)151/3__ City Council Action: E ] Approved as Recommended [ ] Disapproved [ i Approved with Modifications [ ] Tabled to Time Certain rli'll1111 '14,110.11 Or" WHEREAS, May 18th, 2013 is the third National Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; and WHEREAS, it is important to introduce a new generation to our nation's parks because of the decline in Park attendance over the last decades; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature and the outdoors; and NOW THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim May 18th, 2013 as National Kids to Parks Day 1 urge residents of the City of Cape Canaveral to make time May 18th, 2013 to take the children in their lives to a neighborhood, state or national park. Ir., A Subject: Interview Adjustment. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2013 Presentations/Interviews applicant Douglas Raymond for appointment to the Board of Department: Community & Economic Development Summary: On August 30, 2012, the Board of Adjustment interviewed applicant Douglas Raymond to fill a vacancy. By unanimous vote, the Board recommended that the applicant be appointed by the City Council. Mr. Raymond recently served on the Board as an alternate, nonvoting member since May 5, 2009. He is well suited to serve as a voting member as his career was in building and construction and he has demonstrated a continuing interest in serving the City. Per City Code Sec. 2-171(o), after interview and recommendation by the Board, applicants are to be interviewed by the Council prior to making an appointment. Mr. Raymond is scheduled to be interviewed by the City Council at tonight's meeting. Submitting Department Director: Barry Brown r)r) 1/2D\ Date: 4-3-2013 Attachments: Board Application and Recommendation by Board of Adjustment. Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Counci Interview applicant Douglas Raymond for the Board 13 Date: ke the following action(s): Adjustment. Approved by City Manager: David L. Greene 0 City Council Action: [ ] Approved as Recommended [ ] Approved with Modifications [1 Tabled to Time Certain Date: (4/03 [ ] Disapproved CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an„ appFication. City Code also prohibits a person from serving on a City Board or Committee if that pe 'rSon has been convicted of a felony, unless their civil rights have been restored. ' F 7 Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Horne Address: 3. Home and Cellular Telephone: Occupation: 5. Business Telephone: 6. Business Address: 7. E -Mail: /h.) B. LIGIBILITY 0 tiq,' 3 1- elz i.2 / ) ) The ' 1 The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: i /20-4-rttO /2-19.,:rzA-..7 Al 47-7-4.--/7 ALT72• Page 1 of 3 (Y) (N) (Y) (N) (Y) (N) L./ (Y) (N) 1Z (Y) (N) (Y) V (N) 3 ,;2 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE (Y) (Y) (N) !/ initials IV -(N) 1. Briefly state your interest in serving on a City advisory board or committee: X-�r II") 11-c.-7-1 dr- ftweit .t(Wf /71179;5 lC7 it km C4)7- 7-7 LA -F. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. ) Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Member of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: �1 .4--rJ. )5-et)�j ,2.0 �2TU-��.�vt�C'.►. �� y� 2 calk- v'� /-�ze 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for rnernbersUp on the desired board or ognmittee. !! Zic) -7 if rt.) /I 4.4 l.- b' -,J Cepyv.P ft) y j 1°l4... -5/4 r o ( !h 4-656 cd .9-7az-7 3As D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Cle 's Office at (321) 868-1220; xt. 221, Signature: Please retum to: City of Cape Canave Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: 2/7. // a_ Page 3 of 3 Date: ' /,sZ Z 11111111111111 ,o;lo,0111111111111 'f1010111111111111111 11 111111 111 6))1111, 1 City of Cape Canaveral Community & Economic Development Department Date: March 28, 2013 To: From: Through: Dennis Jenkins, Chairperson, Board of Adjustment Re: Recommendation to City Council to Appoint Douglas Raymond as a Regular Voting Member to the Board of Adjustment Barry Brown, Planning & Zoning Director /-4\U Susan L. Chapman,'Secretary, Board of Adjustment On August 30, 2012, the Board of Adjustment recommended that Council appoint Douglas Raymond as a Regular Voting Member to the Board. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.eitvoleanecanaveraLoni, info(ii).cityofcapecanavera1.ori2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/16/2013 Presentations/Interviews Subject: Interview applicants Jerry Agtmaal, WiIham Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich for appointment to the Construction Board of Adjustment and Appeals. Department: Community & Economic Development Summary: City Code Section 82-32 establishes the Construction Board of Adjustment and Appeals (CBOA&A). This five -member Board meets on an "as needed" basis to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. Thomas Quinn's term on the CBOA&A has expired and he is interested in continuing to serve. Jerry Agtmaal, William Budesa, Geoff Goetz and Joseph Tichich are new applicants for this Board. The Resolution appointing all five applicants is following on tonight's Agenda. The most recent CBOA&A meeting was held on December 2, 2003. Since then, Board membership fell below its ability to have a quorum and the remaining Board Members' terms were expiring. On July 26, 2012 Staff began researching the possibility of entering into an agreement with Brevard County for the purpose of utilizing the Brevard County CBOA&A. On January 17, 2013 the Assistant County Attorney responded the County could not enter into such an agreement. All five of these applicants are either residents or local business owners. Submitting Department Director: Todd Morley 10\4 Date: 4-3-13 Attachments: Board Applications; City Code Chapter 82, Art. II; City Code Sec. 2-171 Uniform procedures and requirements; Email from Assistant Brevard County Attorney. Financial Impact: Stafftime to prepare appropriate paperwork. Reviewed by Finance Director: John DeLeo Date: €-13 The City Manager recommends that City Coun take the following action(s): Interview applicants Jerry Agtmaal, William Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich for appointment to the Construction Board of Adjustment and Appeals. Approved by City Manager: David L. Greene 0 Date: difi City Council Action: [ 1 Approved as Recommended [] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain r CITY OF CAPE CANAVERAL C APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD Pursuant to Section 2-171, Cape Canaveral Code; 1 City Code requires prospective and existing board members to fill out anappli prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. I OITTfE1 2013 IJ uon. Lary uoae also Please complete the following in the space provided: A. GENERAL 1. Applicant Name: E k 2Y 2. Home Address: 2.94 C AW Av22A L gci,. 'EL v D • Howse. Cc LL_ 3. Home and Cellular Telephone: 321— 78j. 03e9 3 21-, 5-n"j — (P 531 4. Occupation: 1 N S u a A.JcG SA LA 5 5. Business Telephone: S '4 5 5.4 M e. u 6. Business Address: �a if 7. E -Mail: �!J SDL414. Q q r.,L A -i L . Ca m B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: --10 !Le y •41- lnn IN PC I- .f-A/S• 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: Pagelof3 (Y) (N) (Y) (N) to 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent ___K)—. to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initi Is consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) N V m c) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 4 J. /_ CAPE CIA/41/00A." i K ..a ri i rA live,"7 A.40 woLLc Li !'o Ta I f.QLP K.P0 P i T Ss _ 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 2- Board of Adjustment* b. Business and Economic Development Board* c. _a_ Code Enforcement Board* d. Community Appearance Board* e. 1 Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any govemmental board or committee: ST*Te � 1 f PNcOA •�A)S- AirhtsTb4 SeTTi e0 6VPfl. / 4.L.LI jAl c(-044.0.5 to , i ti flu a RI r_ A -14e 4 -r i wl R . 7eeA/ sus . 44. o t/P/L .20 yews 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. • w+A .sV etap MX' CpmsT • 41)Jwet- 1%►PN 1 • So1 log i• „tve9.1,1 ALT T�4I..Le na¢ D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African-American Asian -American Hispanic -American Native -American Caucasian Not Known GENDER DISABILITY Male Female Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 86 j 220 a 221. Signature: Please retum to: City of Cap - Ca =veral Office of the Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Date: 0y" v3--XJ3 • Board Application Form as revised_12-2012(3).pdf http://www.cityofcapecanaveral.orgfverticaIsites/{CEAB0943-1F3... CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171. Cape Canaveral Code City Code requires prospective and existing board members to fit �n.�- pji atiott �Gity also prohibits a person from serving on a City Board or Committee if tt1 �i ersan-hasnvi4df a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Horne Address: 2. 3. 4. 5. 6. 7. B. YA\-„nvy, boL) ±A C,, Ft. 32 zo APR - 3 2013 J Home and ellO Tele one: l—t� ZI 'T 8 3 ^ 1 t 2 C) 3 21- S l' -5 G% �f lisse Occupati C �- COA "KP -A CTCNRC t7 �r x-� C czp Cad 44 Business Telephone: 3 2( Business Address: 2 1L\ e FF �i-SC�v �J� • C , C.; (/ �L - 32.3 ? O E -Mail: )�L� �v� t av1• Coon I ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: (Y47 (N) (Y) Copc. ca J �fc \ C. DeUS Gtv� 4a. Have you ever been convicted or found guilty. regardless of adjudication. or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: Page 1 of 3 1 of 3 (Y) (N) (Y) (N) 4/1/2013 7:13 PM Board Application Form as revised 12-2012(3).pdf http //www.cityofcapecanaveral.org/vertical/sitesl{CEAB0943-1F3... 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board a committee. Do you voluntarily consent to having a standard background check performed on you by the Cky of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Coundl member by blood. adoption. or marriage? 7b. If yes to 7a. please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: %to I .701,__ -ry 4 -eta) ;Neve C -n./ 10 —live Peop i s -n£,e ; us; P erzr.JCJ 1- n: o S'rviOUST� 2. In numerical sequence (1 = most Interested), please rank which advisory �b rd or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. t Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* 1. Other. *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: 4. Please list any specialized skills and training (e.g.. architect. engineer. general contractor, etc.) that you feel help to qualify you for membership on the desired board a committee. fi -+ \ PJI✓ I�tr'1 l..%CFvt)S E v3 ) LOG - Coon- Crok eor C5 • IA5 W E Gv- fvo ` 2caCC (Y1 rt- 00 e- r5 c o,usTd v ataA D. STATE REPORTING REQUIREMENTS � J - Section 760.80. Florida Statutes. requires that the qty annually submit a report to the Secretary of State disclosing race. gender. and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 2 of 3 4/1/2013 7:13 PM Board Application Form as revised_12-2012(3).pdf htlp://www.cityofcapecanaveraLorg/vertical/sites/{CEAB0943-1F3... RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application. please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Please retum to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: 3 of 3 Page 3 of 3 Date: 4/1/2013 7:13 PM CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill,outAnr application. City Code. also prohibits a person from serving on a City Board or Committee if tli� } 9r iirkcjo'r �tia hof a felony, unless their civil rights have been restored. L' ni MAR 1 8 2013 i 11 A. GENERAL 1. A licant Name: &.e061PP1 f II 2. Home Address: rL kXL/C \S C$, a_ E 3 Lo 3. Home and Cellular Telephone: S)--‘ — t ‘-dt'\ Please complete the following in the space provided: 4. Occupation: '" v 5. Business Telephone: 6. Business Address: ?A4/L CLA er ( rikeAki5 CO ki( M"c Vc-- H. /14M-im-ft Ave_ Cc_ 7. E -Mail: 0J tj 0 P, B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duty registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: C rtdvr5 ��2 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 61(`) initials (Y) (N) (Y) (N) 1.rte sta rest servin on a City' advis or committ �ya y ur intev.r i A- I- e�1 ` /4-",%.e 'Be - 2. B e . 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. i'C Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* I. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. B 'efly spte2ry rior e riencesJp..serving oniony ovemm ntal board r mittee: 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Cov\-Virsfr,-4(CoM- b 6C D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Asian -American Hispanic -American Native -American Caucasian Not Known DISABILITY Male Female Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should ave any questions regarding the completion of this application, please contact the City Cl ' Office at (33;E 868-1220 ext. 221 Signature: Please retum to: City (If Cape Can Office\of the City 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 44/3 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Date: \ CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY B Pursuant to Section 2.171, Cape Canaveral C it FEB 2 7 2013 L MMITTE v City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: i 4-E 0 VVIR S �, V t NJ N 2. Home Address: 30 3 E C6i\riletA L LVO 6t P6- `Ir1 NFtV.rei L FL T2 3. Home and Cellular Telephone:164 .4' '79 5 S Z O 6 4. Occupation: R T t 2e,0 5. Business Telephone: 6. Business Address: 7. E -Mail: QiA 'SOW 1 ® A ou. CO i B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) x (N) Are you a Business owner: (Y) • (N) X If yes to 3a, please list the name: 3a. 3b. '4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (Y) (Y) 5b. If yes to 5a, please list each: ` P2&u t 0V 51...`f S rad. el) t►)C—T-RJe--rt ON gQAfLO QF AflS?mEiv;-, 4 AP'Er Page 1 of 3 (N) (N) -(N)� 0 Iv T1 f - 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? lb. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE i Ttials (Y) X (N) M (N) 1. Briefly state your interest in serving on a City advisory board or committee: (� - tcSvSt- Y 5�n-�st•i ©ro -r <:oav$Trtvc i[fly✓ PogeD 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. 1 Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other. *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committeT SErextEQ e N �pn� c-r1t T:3o:►Qo Mont tipg (9/7 Nc_ zo >z 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. =gym A- 9.t r -t ta&Q CENVCIiir Gra A l+Av. tN -.AS ► i --T MAA>'Y _riV i LDt to c.5 IN) CAP& Cfl NA1C--n F L._ D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER`/ African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • if you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: s: ' / Y Date: FC e. 27, Zt3 t3 Please retum to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: 21-27//3 Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code Qty Code reqiires prospective and existing board members to fill qtt- n-..applic ation. ,City. Code: also prohibits a person from serving on a City Board or Committee if itr.Ti : fav titer% +convii i• J� 4 felony, unless their civil rights have been restored. Please comate the following in the space provided: A. GENERAL Applicant Name: Joseph Tichich 2. Home Address: 610 Seaport Blvd, Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 321-576-5370 4. Occupation: Retired 5. Business Telephone: NA 6. Business Address: N A 7. E -Mat tichichj@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of dem whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner. 3b. If yes to 3a, please list the name: 4a Have you ever been convicted or found gutty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nob contendere (no contest) shall be a conviction for purposes of this question. 4b. ff yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ff yes to 5a, please list each: City Hall Facility Committee 1. MAR 262013 nI t 5b. Page 1 of 3 (y) X (N) (Y) X (N) — (Y) (N) X (Y) (N)X (Y) (N) (y) X (N) 6. City ordnance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal badcground check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Cocnntxl member by blood, adoption, or marriage? 7b. If yes to 7a, please provide names) of person(s) and reship to you: C. INTERESTS/EXPERIENCE inikais (Y) X (N) (Y) (N) X 1. Briefly state your interest in serving on a City advisory board or committee: Desire to put to use the experience established over 35 years in the military, and do so, in a fine city I now call home. The future of this City has unlimited potential. To be a small pat of the future would be an honor! 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board' c. Code Enforcement Board* d. Community Appearance Board* e. 1 Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board' I Other: *Members of these boards are required to complete and file with the supervisor of Election a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board 3. Briefly state any prior experiences in serving on any governmental board or committee_ US Air Force: Selection Board/committee for several large and small construction projects. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. US Air Force: Selection Board/committee for several large (Le. $2M+) design and construction projects. Project Manager for various construction projects. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disatrties of board and committee Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian -American Female Hispanic -American Not Known Native -American X Caucasian DISARRAY Not Known Physically disc led YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a fief interview before the City Council at a regularly scheduled meeting. • Your application yid remain effective for one year from date of completion. • If you should have any questions regarding the e'er oft is application, please contact the City Clerk's Office ext_ 221_ Signalise: \. 3/22/13 Please a: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed Board Appointed to: Tenn Expires: g/Q6//g Page 3 of 3 J Joseph G. Tichich Years of Experience: 39 Clearance: Active U.S. Military Secret Education and Certification • Masters in Business Administration, Saint Leo University, Saint Leo, FL, 2009 • United States Air Force Professional Military Education, Air War College, AL, 2002 • Bachelor of Science, Electrical Engineering, University of Minnesota, Minneapolis, MN, 1983 Employment History (fully retired as of September 2012) MBO (subsidiary to Booz -Allen -Hamilton) Program Management Office Beddown Team Lead, Barksdale AFB, LA, November 2010 — August 2012 As Program Manager and Beddown Team Lead, provided overall day-to-day team management of assigned projects and activities. Interfaced with Global Strike Command leadership, funds personnel, engineers and facility managers on proposed plans to ensure mission and Beddown success. Provided technical expertise in the execution of space analysis of facilities and requirements for construction projects. Ensured proactive communication to Beddown Program Management Office and the Contracting Officer's Representative (COR). Maintained constant communication with the Booz -Allen -Hamilton Team Lead in the 2nd Civil Engineering Squadron. UNITED STATES AIR FORCE - ACTIVATED TO AIR FORCE FROM MINNESOTA AIR NATIONAL GUARD Director of Information Technology, Guantanamo Bay, Cuba, March —August 2010 Responsible for all Information Technology infrastructure issues for the Joint Task Force including prioritizing and coordinating daily operations, establishing budget requirements, and long-term planning. Provided complete direction and oversight of the enterprise network, including strategic planning, capital planning and investment control, policy and standards, resource planning, knowledge management, architecture and infrastructure planning, and security management. Managed 19 military, 57 contractors and a $6.2 million dollar budget. Commander, Detachment 5, 602nd Training Group, April 2008 — February 2010 Responsible for all Air Force administrative control and actions for students attending various specialty training and Combat Skills Training prior to deploying to Iraq or Afghanistan. Examples of administrative actions included emergency leave processing, all coordination efforts between the Army training units and the Air Force students, and all necessary disciplinary actions as required. Commander, Camp Life Support Area, Ali Al Salem Air Base, Kuwait, February — April 2008 Responsible for Command and Control, Base Sustainment Operations and protection of the entire Camp on Ali Al Salem Air Base in order to support the Reception, Staging and Onward Mission for an average of 1800 military members going into and out of Iraq and Afghanistan. Engineering & Installations Officer, Al Udeid Air Base, Qatar, June - October 2007 Managed and coordinated between five and twelve communication -installation teams throughout Iraq and Afghanistan. Duties included project coordination efforts, financial oversight, and identifying future projects as required by higher authorities. Engineering & Installations Officer, Shaw Air Force Base, South Carolina, April -June 2007 With daily coordination with the Engineering & Installations Officer overseas, managed and coordinated all Engineering Installation activities throughout Iraq and Afghanistan. MINNESOTA AIR NATIONAL GUARD (Retired) Deputy Chief Information Officer (C1O), January 2000 —April 2007 and October 2007 — April 2008 Responsible for all Information Technology (IT) issues throughout the Minnesota National Guard network, Prioritized and coordinated daily operations and Tong -term planning. Was the primary point of contact, coordinator, and liaison concerning all IT issues between the Minnesota Army and Air National Guard. Coordinated development and implementation of all IT projects affecting the two Air National Guard bases in the state. Supervised 40 IT employees (military, Federal, State of Minnesota, and contractors) Employee Development Specialist, Joint Force Headquarters, Human Resource Office, 1998 — 2000 Directed all planning and daily operations in the employee training branch. Executive Officer, Workload Controller, 210th Engineering Installation Squadron, 1994-1998 Responsible for analyzing training needs for the 100+ person unit, then locating, negotiating, and coordinating project implementation to satisfy those needs. Projects were located throughout Minnesota, the United States, and outside the US (e.g. Germany, Japan, Korea, and Iceland). Resolved conflicts with engineering, installations, financial, equipment and support issues. Deputy Base Civil Engineer, 133`d Civil Engineer Squadron,1989 —1994 Developed technical specifications and related documents for projects designated as in-house design. Developed and participated in Architect -Engineer selection and criterion review conferences. Managed several multi-million dollar military construction (MILCON) projects as well as various repair and maintenance projects. Prepared concept designs for a wide variety of civil, mechanical, and electrical projects, performed cost estimating, and organize the technical portions of contract procurement packages, technical reports, and design reviews. Tasks also included utilizing contracting principles working with architects, consultants, contractors, and a wide variety of technicians and professionals. UNITED STATES AIR FORCE - Computer System Repairman, 1975 —1979 Troubleshot and repaired computer faults throughout a mobile air traffic control system UNISYS - Electronic Systems Design Engineer, 1983 -1989 Evaluated government design specifications and requirements and established equipment testing accordingly. Investigated initial circuit -card design faults and re -designed for proper functionality. Developed point papers and reports for submission to upper management. Professional References • Rich Howell, howell richardPbah.com, 757-207-0235 • Terry Sieben, Terrance.Sieben(tane.af.mil, 612-713-2085 • Bill Hose, Bill.Hose@us.armv.mil. 651-282-8888 BIOGRAPHY imigraxiarivirsamotiottariiimit4 111, LIEUTENANT COLONEL JOSEPH G. TlCHICH (retired) Lieutenant Colonel Joseph Tichich was Director of Information Technology (J6) for Joint Task Force Guantanamo Bay, Cuba. He was responsible for all Information Technology (IT) infrastructure issues including prioritizing and coordinating daily npenadnns, establishing budget requirements, and long-term planning. He provided complete direction and oversight of the JTF-GTMO enterprise neUwo,k, including strategic p|anning, capital planning and investment control, policy and standards, resource p|anning, knowledge management, architecture and infrastructure planning, and security management. Taking direction and guidance from the Chief of Staff, JTF-GTMO, he provided policy and guidance to ensure all current and proposed IT systems, network semioes, data management, and IT systems were fully p|anned, instoUed, configured and tested to standards in full support of the JTF- GTMO mission. Lieutenant Colonel Tichich enlisted in the Air Force in 1974. After completing basic and technical training as a computer technician, he was stationed at Bergstrom Air Force Base, Texas until being discharge from active duty in 1979. He immediately joined the Air Force Reserves in Minneapolis, serving 6 years in the 934th Communications Flight. He joined the Minnesota Air National Guond, 210m Engineering Installations Squadron (210m EIS) until accepting a commission and becoming an Engineering Officer with the 133'd Civil Engineer Squadron in 1988. In 1991. he accepted a full-time Air National Guard Technician (Civil Service) position as the Deputy Base Civil Engineer for the 133 Airift Wing. In 1994 Lieutenant Colonel Tichich returned to the 218,' EIS as the full-time Executive Officer and Workload Controller. yn 1998 he moved to the Minnesota Joint Force Headquarters (MN JFHQ) in Saint Pou|, working as a Rersonnel Officer in the Human Resource Office. In 2000 he moved into the position of Deputy J6, MN JFHQ. He deployed in May 2007 as the Engineering Installations Officer -in -Charge on the A -Staff at Shaw Air Force Base and followed on to the Engineering Installation Officer on the Air Staff at Al Udeid Air Base Qatar. He returned to his position as Deputy J6 in October 2007 and was redeployed in February 2008 as the commander of the 388th Mission Support Gnoup, Detachment 1, Command CeU, Army Camp Life Support Area (LSA), Ali Al Salem Air Base, Kuwait. In April 2008 he assumed the position of 602d TRG (P) Detachment Commander at various |ouationa, responsible for ADCON for Airmen attending Combat Skills Training, primarily for Airmen assigned to Provincial Reconstruction Teams (PRTs) deploying to Afghanistan. He assumed his present position in February 2010. Lt Col Tichich retired from the full-time Deputy J6 Technician position in May 2009 and maintains a Traditional Guardsman position in MN JFHQ J6. EDUCATION 1979 Associate of Science degree, Computer Technology, Comrnunity College of the A r Force 1983 Bachelor of Science, Eectrical Engineering, University of M innesota 1994 Squadron Officer School (correspondence) 1997 Air Command and Staif College (correspondence) 2002 Air War College (correspondence) 2009 Masters in Business Administration, St Leo University ASSIGNMENTS 1. June 1975 — August 1975, Basic Training, Lackland AFB, TX 2. August 1975 — May 1976, technical training, Keesler AFB, MS 3. May 1976 — June 1979, Computer Repairman, 727th Tactical Control Squadron, Bergstrom AFB, TX 4. June 1979 — May 1985, Teletype Maintenance Technician, 934th Communications Flight (AFR), Minneapolis/St Paul IAP, Minnesota 5. May 1985 — June 1986, Teletype Maintenance NCOIC, 210th Engineering Installation Squadron, Minneapolis/St Paul IAP, Minnesota 6. June 1986 — August 1986, 133`d Civil Engineer Squadron, Minneapolis/St Paul AP, Minnesota 7. August 1986 — September 1986, Academy of Military Science, McGhee -Tyson ANGB, TN 8. September 1986 — November 1994, Operations Officer, 133` Civil Engineer Squadron, Minneapolis/St Paul IAP, Minnesota 9. November 1994 — November 1998, Workload Officer, 210th Engineering Installation Squadron, Minneapolis/St Paul IAP, Minnesota 10. November 1998 — January 2001, Human Resource Officer, Joint Force Headquarters, St Paul, Minnesota 11. January 2001 — May 2007, Deputy J6, Joint Force Headquarters, St Paul, Minnesota 12. May 2007 — July 2007, Engineering Installations Officer in Charge, 609ACOMS, Shaw AFB, SC 13. July 2007 — September 2007, A67, United States Central Command Air Forces and Director, C4 Systems, Combined Air Operations Center, Al Udeid Air Base, Qatar 14. September 2007 — February 2008, Deputy J6, Joint Force Headquarters, St Paul, Minnesota 15. February 2008 — April 2008, Commander, 386th Expeditionary Mission Support Group, Detachment 1, Army Life Support Area (LSA), Ali Al Salem Air Base, Kuwait 16. April 2008 — February 2010, Commander, 602d Training Group (Provisional), Detachment 5 (Fort Bragg, North Carolina; Fort Hood, Texas; Fort Polk, Louisiana; Camp Atterbury, Indiana 17, March 2010 — August 2010, J6, IT Director, Joint Task Force Guantanamo Bay, Cuba 18. January 2012 — Retired MAJOR AWARDS AND DECORATIONS 1. Meritorious Service Medal 2. Air Force Commendation Medal with one device 3. Army Commendation Medal 4. AF Outstanding Unit Award with five devices 5. AF Good Conduct Medal 6. Air Reserve Forces Meritorious Service Medal with one device 7. National Defense Service Medal with one device 8. Global War On Terrorism Expeditionary Medal 9. Global War on Terrorism Service Medal 10. Humanitarian Service Medal 11. AF Overseas Ribbon Short 12. Air Force Expeditionary Service Ribbon with Gold Border 13. AF Longevity Service with 6 devices 14. Armed Forces Reserve Medal with 1 'M' Device with two devices 15. Basic Military Training Honor Graduate 16. Small Arms Expert Marksmanship Ribbon (Rifle) 17. AF Training Ribbon EFFECTIVE DATES OF PROMOTION Second Lieutenant Sep 18, 1986 First Lieutenant Nov 20, 1988 Captain Nov 21, 1990 Major Apr 9, 1997 Lieutenant Colonel Jan 16, 2002 The City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral, FL 32920 610 Seaport Boulevard Cape Canaveral, Florida 32920 March 26, 2013 Subject: Application for Construction Board of Adjustments and Appeals Please accept this application for consideration for the Construction Board of Adjustments and Appeals. I've recently retired from the workforce and would like to offer my experience to the City. My wife and I have quickly realized this is a great location to spend the next chapter in our lives. We both have every desire to give back to the City as much as we can. In addition we have a sincere interest in becoming involved; thus our volunteering. I've enclosed both my civilian resume and military biography for your consideration and review. I have a real interest in any special projects the City may have to include the Construction Board of Adjustments and Appeals. Any projects that may involve technical research, involvement with other city, state, or government offices, or long-range plans and/or appearance of Cape Canaveral are topics I'd enjoy being involved in. However, I'd also welcome any duties you have a need for. Thank you for your consideration. I look forward to your response. Sincerely, Joe Tichich 321-576-5370 tichichj@gmail.com ARTICLE II. - BUILDING CODE Sec. 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005, § 2, 10-4-05; Ord. No. 02-2009, § 2, 3-3-09; Ord. No. 01-2012, § 2, 2-21-12) Sec. 82-32. - Establishment of construction board of adjustment and appeals. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members. (a) Composition. Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. (b) Powers. The construction board of adjustments and appeals shall have the power, as further defined in section 82-33, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003, § 8, 7-1-03) Sec. 82-33. - Appeals. (a) Decisions of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist: (1) The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this code do not apply to this specific case. (3) (4) (b) That an equally good or more desirable form of installation can be employed in any specific case. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. Variances. The construction board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: (1) (2) (3) (4) (5) (c) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. That the special conditions and circumstances do not result from the action or inaction of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. (d) Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. (e) Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period. (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-34. - Procedures of the board. (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairperson. The board shall meet within 30 calendar days after notice of appeal has been received. (b) Decision. The construction board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 06-2001, § 1, 12-4-01) Secs. 82-35-82-55. - Reserved. Municode Page 1 of 3 Sec. 2-171. - Uniform procedures and requirements. (a) Purpose and intent; conflicts. The purpose and intent of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent any provision of this section conflicts with any other provision of this Code, it is the intent of the city council that the provisions of this section shall prevail. To the extent the provisions of this section are preempted by state or federal law, it is the intent of the city council that the provisions of state or federal law shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: (1) Registered voter shall mean a person duly registered to vote in city elections at all times while serving on a board or committee. (2) Resident shall mean any person living within the city limits at all times while serving on a board or committee, and at least 12 months prior to being nominated, elected or appointed to the board or committee. (3) Business owner shall mean any person who possesses the exclusive right to hold, use, benefit from, enjoy, convey, transfer, and otherwise dispose of an asset or property of a business located within the city, or a designated employee of that business. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (1) Complete a board or committee application as prescribed by the city council; (2) Consent to a standard criminal background check, at the discretion of the city council; (3) Be a resident and registered voter, or business owner, as defined by this section unless the city council by unanimous vote waives this requirement upon a determination that a vacancy on a board or committee must be filled by a person with specialized skills and training and a resident and registered voter, or a business owner, with such skills and training cannot be reasonably found to fill the vacancy. If said requirement is waived, the vacancy shall only be filled by a person who is a resident of the city or who owns a business or real property within the city; (4) Have never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, unless their civil rights have been restored. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph; and (5) Complete interviews with the board or committee on which the person is seeking appointment and with the city council. Limitation on number of nonresidents serving on boards and committees. Notwithstanding the foregoing, there shall be no more than two voting board or committee members not satisfying both the residency and registered voter requirements allowed to be appointed or (d) http://library.municode.com/print.aspx?h=&clientlD=12642&HTMRequest=http%3a%2f%... 4/3/2013 Municode Page 2 of 3 elected to a particular board or committee, with the exception of the business and economic development board, of which only two of the board members are required to be residents. (e) Appointment and removal of members. All persons shall be appointed to, and removed from city boards and committees by majority vote of the city council and by resolution, unless otherwise provided in this section. Board and committee members shall serve at the pleasure of the city council and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring, upon any person, any right or interest in serving on a board or committee including, but not limited, to a contract, liberty, property or vested right. (f) Term. All board and committee members shall be appointed to serve a three-year term and may be reappointed by the city council for one additional three-year term. There shall be no limit on the total number of terms a board or committee member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the city council may appoint a member to a term of Tess than three years in order to stagger the terms of the entire board or committee. If a member is removed, or vacates their appointment for any reason, including death, excessive absence, or resignation, prior to the expiration of their term, the city council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. (g) Absences. Any board or committee member incurring five consecutive absences from any regularly scheduled meeting of the board or committee, or seven absences from any meeting of the board or committee within a 12 -month period, (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Any meeting which is cancelled, other than for a lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. However, if any board or committee is regularly scheduled to meet less than once per month, a board or committee member shall be automatically removed if the member fails to attend 40 percent of the regularly scheduled meetings within a 12 -month period. (h) Compensation. All board and committee members shall serve without compensation, except as provided in the City Code for per diem subsistence and travel allowances for official travel. 0) Chairmanships. Each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice -chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their first regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or vice - chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at such other times as a majority of the members of any board or committee may determine (i) Rules and procedures. The city council may adopt and amend, from time to time by resolution, general and quasi-judicial rules and procedures for boards and committees. All boards and committees shall at all time comply with the general rules and procedures, and when applicable, the quasi-judicial rules and procedures. A board or committee may adopt additional rules and procedures provided that such rules or procedures are supplementary in nature and not inconsistent with the rules and procedures adopted by the city council and any federal, state, or local law. Any rule or procedure adopted by the board or committee may be amended or repealed by the city council. http://1 ibrary.mun icode.com/print.aspx?h=&cl ientl D=12642&HTM Request=http%3 a%2f%... 4/3/2013 Municode Page 3 of 3 (k) Quorum; board actions. A majority of the members of each board or committee shall constitute a quorum. The affirmative vote of the majority present shall be necessary for any board actions; provided, however, it shall take three affirmative votes to pass or approve any action, unless a super -majority is otherwise required by local, state or federal law. (1) Public meetings; minutes. All meetings of boards or committees shall be open to the public. The city manager shall designate a secretary, for each board or committee, whose duties shall include keeping minutes of all the meetings of the board or committee and recording the actions and/or recommendations of each board or committee, including showing the vote of each member upon each question or if absent or failing to vote indicating such fact. The city manager may appoint a board or committee member to serve as secretary. The city shall be custodian of all records of the boards or committees, and such records shall be maintained in the same manner as other city records. (m) Altemate members. At the discretion of the city council, two alternate members may be appointed to each city board or committee. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board or committee who has served longer as an altemate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed as a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed altemate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at the meeting. If two or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of the absent regular member, including the right to vote on any matter before the board at the meeting. In the absence of the first alternate board member from an official board meeting, the second altemate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at the meeting. (n) Ad hoc committees. The city council may create by resolution, from time to time, temporary ad hoc committees to serve a limited purpose. The resolution may exempt the committee from all or part of the requirements of this section. (o) Interviews. Prior to a person being appointed to a board or committee, the person shall be interviewed, in person, by the board or committee on which the person is seeking appointment and by the city council. The board or committee shall make a recommendation to the city council on whether the person should be appointed to their respective board or committee based on the requirements of this section. (P) Ex -officio members. At the discretion of the city council, ex -officio members may be appointed to each city board or committee to serve in an advisory capacity to such board or committee. Ex -officio members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Ex - officio members shall not be permitted to vote on matters before the board. Each ex -officio member shall meet all of the requirements for board membership provided within this section and as otherwise provided by law. (Ord. No. 12-2003, § 2, 7-1-03; Ord. No. 20-2004, § 2, 11-16-04; Ord. No. 13-2011, § 2, 12-20-11) http://library.municode.com/print.aspx?h=&clientlD=12642&HTMRequest=http%3a%2f°/a... 4/3/2013 From: Richardson, Morris [mailto:Morris. Richardson@brevardcounty. us] Sent: Thursday, January 17, 2013 1:52 PM To: Todd Morley Cc: Campagna, Denise M; Mickle, Claudine M; Mccaughin, Michael K Subject: RE: Interlocal Agreement Mr. Morley, Ms. Mickle has asked that I address your question below. In my opinion the County Construction Board of Adjustments and Appeals does not have the legal authority to hear appeals of decisions and interpretations of any building official other than the Brevard County Building Official. See Sec. 22-47, Brevard County Code of Ordinances. As a secondary legal issue, even if the County ordinance was amended to allow the CLB to hear cases arising from other jurisdictions, and assuming the City of Cape Canaveral adopted an ordinance authorizing the same, that scenario might violate the Florida Constitution's prohibition against dual office -holding. This is because it would put the Construction Board of Adjustments and Appeals members in the position of serving on quasi-judicial bodies for multiple municipal entities. The constitutional dual office -holding prohibition is contained in Article II, section 5(a) of the Florida Constitution, and provides in part: "No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers." The Florida Supreme Court has stated that a person in the service of the government, who derives his position from a duly and legally authorized election or appointment, whose duties are continuous in their nature and defined by rules prescribed by government and not by contract, consisting of the exercise of important public powers, trusts, or duties, as part of the regular administration of the government is a public officer. State ex rel. Clyatt v. Hocker, 39 Fla. 477, 22 So. 721 (Fla. 1897). Every "office," as that term is used in the constitution, implies an authority to exercise some portion of the sovereign power, either in making, executing, or administering the laws. See Fla. AGO 09-48. The powers and duties of the County Construction Board of Adjustments and Appeals are quasi-judicial in nature. Thus, it is my opinion, based on the duties and responsibilities of the County Construction Board of Adjustments and Appeals, that County Construction Board of Adjustments and Appeals members are officers for purposes of the dual office -holding prohibition contained in Article II, section 5(a) of the Florida Constitution. I could make an argument that acting as member of the Board of Adjustment and Appeals for the County, and acting in a similar capacity for the City on the same board, should be could be construed as holding a single office. However, it could be construed as violating the constitutional dual office -holding prohibition. If the County and City wanted to go forward with this concept, I would recommend seeking an opinion from the Attorney General on this issue before proceeding. Just as significant as the legal issues, practical problems could arise in that the decisions, interpretations and practices of various building officials are not always uniform. Asking the County's Construction BOA to hear appeals of various city building officials arising under municipal building codes and policies, in addition to their present duty to hear appeals of decisions of the County Building Official arising under the County code and policies, would be burdensome and could lead to conflicting results. County Building Official Mike McCaughin shares my concerns in this regard. Further, our Contractors' Licensing Board, which serves as the Construction BOA, does not receive compensation. Asking them to hear appeals of the decisions and interpretations of various local building officials could subject them to a significant increase in workload that I'm not sure they would be thrilled to take on. I don't believe that this would be an efficient, practicable or desirable situation for the County Construction BOA. If it would be useful to you, I can provide you with copies of the County ordinances establishing and governing the County Construction BOA. The City could use these for guidance if it wishes to establish its own Construction BOA. Thanks, Morris Richardson Assistant County Attorney Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 (321) 633-2090 Please note: Florida has a very broad public records law. Most written communications to or from county employees regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIB ARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 19, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 RM. and led the pledge of allegiance. He reminded everyone to use the microphones and about the 50th Anniversary Celebration at Manatee Sanctuary Park, Saturday, March 23rd from Noon to 4 p.m. 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 Manager 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: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Gustavo Vergara Jeff Ratliff Lonnie Dunn Mike DeMorat John Cunningham Accept the Annual Audited Financial Statements and Indeoendent Auditor's Report for the Fiscal Year ended September 30, 2012 — Presentation by Bernadette Britz -Parker,. James Moore & Co.: Ms. Britz -Parker presented and reviewed the Comprehensive Annual Financial Report and thanked Staff for their assistance. Mayor Randels noted over the past few years property taxes were reduced by approximately $450,000.00 and the City continues to provide excellent services. Motion by Council Member Petsos, City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2012 Page 2 of 5 seconded by Council Member Hoog for acceptance of the Audit. 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 ATTORNEY'S REPORT: None AUDIENCE TO BE HEARD: Joyce Hamilton invited everyone to the Cape View Elementary Spring Fling and spaghetti dinner, tomorrow eve° 'ing.from 5-7 p.m.; the proceeds benefit the children of the 4th and 6th Grades to atje (field trips. Bonnie Cawker expressed her concern about the "ret9 sea'tu:rtle lights on the Wind Jammer Condominium; presented a petition includi �gr',56"''signatur `� and photographs of the offending lights and requested additional reseafibe done to `fi,a less intrusive alternative to protect the sea turtles. CONSENT AGENDA: Mayor Randels inquired if any items are to be renn\OVOr.from the Consent Agenda for discussion. Mayor Pro Tem Bond requested removal of ttm. seven and Mayor Randels requested removal of item four. 1. Approve Minutes for City Council Meeting o'ribruary 19.2013: 2. Resolution No 20134iCsupportina\`:and honorina all military service members, veterans and theirm.ilies in\fife State of Florida and recoonizina April 17. 2013 as Military Family and Corn'rnunitvB2ovenant Dav; providing an effective date: 3. Resolu'tfoa No. 20 tO.J: decl ffntt support for proposed chanaes to Section 287.055;"-F.S.. also:. kn.own'as`. "The Consultants' Competitive Negotiation Act" or "CCNAn.providina an`effective date: ,_ 4. Approve the Library.: -Board's reauest to purchase books to expand the Library collection utilizi%g Library Capital Expansion Fund Reserves: 5. Award thelbid for the Canaveral North Drainage Way Improvements Proiect - Phase I to AtlanticNDevelopment of Cocoa. Inc. in the amount of $295,941.55 and authorize the City Manager to execute the Construction Aareement for same: 6. Approve chance 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: City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2012 Page 3 of 5 A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve Consent Agenda Item Nos. 1, 2, 3, 5, and 6. 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. #7 Council Member Bond recused himself from voting on the item due to a conflict of interest; Form 8B is attached to the minutes. A lengthy discussion ensued and included: the property being purchased for a reduced pric Abecatuse of the lien; that properties with liens may sit vacant longer if the lien is skt reduced; the reduction recoups more than the City's expenses; the ownership frkRroperty during various times; the amount of time elapsed between the time a lien*g_ filed and the time compliance was achieved; and whether this properpty_:is part of th fF deral Home Loan Program. A motion was made by Mayor Randels, seconded b uncil Member Petsos, to accept the City Manager's :-recomm ndation toprove, with conditions, the application for satisfaction or elease of li ,_ :for Code Enforcement Case No. 2012-00071, 8771 Cocoa ;Cour; conditions ark/ reduction from $14,250.00 to $5,771.25. The motion failed`22.i►ith voting as follows: Mayor Pro Tem Bond, recused; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, Against; and Ciauncil Member WaOsh, For. • #4 Mayor Randels inquired if this expenditure scan be made using impact fees, to which City Manager Greene indicated in. thieffirTtOyef A motion was made by Mayor Randels, seconded 'by Council\kember Hog, for approval. The motion carried 5-0 with voting as <follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Coun is 1.'M,Membetr'' Petsos, For:,; Mayor Randels, For; and Council Member Walsh, For.`• • r• PUBLIC H tAAS11;3 8. ®:rdinance No. 0:3lq2.013: amending Chapter 110, Zoning, of the Cape Canaveral Co e'Veardinances relaied to commercial parking facilities in the AIA Economic Opportun ICOverlav District: providing for the repeal of prior inconsistent ordinances and resolutib-igkincorporafi& into the Code: severability: and an effective date, second reading: AttorGarga nese read the Ordinance title into the record, and noted a change to page ci9 ,tp: irror sub -paragraph (d). A motion was made by Council Member Petsos, se p:onded by Mayor Pro Tem Bond, to approve Ordinance No. 03- 2013. The Public Haring was opened. Mayor Randels provided a brief explanation and read the definition of Commercial Parking Facility. No comments were received and the Public Hearing was closed. 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. 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 City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2012 Page 4 of 5 prior inconsistent ordinances and resolutions; incorporation into the Code: severability and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and noted the requirement for a Public Hearing. A motion was made by Council Member Walsh, seconded by Council Member Hoog, to approve Ordinance No. 04-2013. The Public Hearing was opened. Mayor Randels provided a brief explanation of the definition of Height. No comments were received and the Public Hearing was closed. 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. 10. Ordinance No. 05-2013; amendina Chapter 1.10;4o.nina. of the Code of Ordinances related to outside storaae; providina for allefinitk irepealina the special exception in the C-1 and C-2 Zoning Districts for thecommercialGesfablishments for the storaae or parkins of recreational vehicles. trailers and trailerable 1.tns: providina for the repeal of prior inconsistent ordinances and°resolutions; incorporatiinto the Code: severabilitv and an effective date, second'readina: Attorney Gargan" ' read the Ordinance title into the record and noted the regbfrementfor,a Public Heating. Council Member Hoog requested verification the Ordinance does not apply to M-1 Zoning District, to which City Manager Greene responded n, he. affirmative. A motion was made by Council Member Petsos;, :seconded by' Lilayor Pro Tem Bond, for approval of Ordinance No. 05-2013 rhe4 Public Heari4was"opened. Planning and Zoning Director Brown provided further .explanatipn,,of theOrdinance. Ray Osborne inquired as to whether the Ordinance woulncourage,,rnore of this type of storage within the City. It was_,stated ;the Ordinance:3fOrther li'its the location of these types of storage. Mayor Randel's readthe definitionof outside storage and explained where this type of activity can -be located ..Attorney Garganese provided further clarification of the Ordinance purpose. `'Council 'Member Walsh; asked if a height limitation should be incorporated into the Ordinance_:,Planningr and Zoning Director Brown explained the Special E .c pt process gallows for specific limitations to be placed based upon the natur pMhe reques# 'The Public Hearing was closed. The ability to apply screening requirements was also noted. The motion carried 4-1 with voting as follows: Mayor Proms a itBond, For, Council Member Hoog, For; Council Member Petsos, For; Mayor Rartdels, Against;. and Council Member Walsh, For. ITEMS FOR A( ION: ' 11. RecreationalVehicles in Mobile Home Parks: Discussion ensued and included: allegations that Staff research left out the economic benefit that existing businesses experience from the owners of the RV's who support the local economy; the fact that some of the parks do not desire to have RV's, while others do; the history of the City Code in relation to Trailer Parks and Mobile Home Parks; the rights of property owners possibly being negatively impacted; to allow RV's at Mobile Home Parks and to change the fees associated with them; that no "Bed Tax" is paid by RV Parks; the need to have some type of buffer so these items are not seen from North Atlantic; that Mobile Home Parks pay the second least amount of taxes; encouraging the best use of the property City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2012 Page 5 of 5 so the Visioning, CRA, Brownfield and Overlay District objectives would be achieved; and the Florida Statutes related to Mobile Home Parks and RV Parks. A motion was made by Mayor Randels, seconded by Council Member Petsos, to maintain the prohibition against RV's in Mobile Home Parks. The motion carried 3-2 with voting as follows: Mayor Pro Tem Bond, Against; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: 12. Council: f . Council Member Walsh expressed the amber turtle Igghts,are sofftfter/not as bright as the red lights. A property looks better when all the,.lights are the samne'`color. She noted page 11 of the CAFR should state Sept 30, 2011 instead of Sept 30; ,2012; Council � r;i Member Walsh indicated she spoke with Ma Netterst om regardinga Proclamation the City of Cocoa Beach desires to present�`to 'the/90 of Cape Canaveral; she suggested event coordination for Saturday's Event\ .y Mayor Randels noted his attendance, opening of`t Space Coast Little League Season; the American Legion event honorir g..the 60th Anna rgary of the Korean War Veterans; the Lobster Fest at the Light`Houe: He...stated he `will attend the March 27th ribbon cutting ceremony for the Port's ',:new/Fir'e' Station; participate in the Mayors Delivering Meals on Wheels_Event and the; presentation of an Eagle Scout Badge to Police Athletic Leagues Membe slack Scott. 'sc. Assistant City Manager,(`City Clerk Apperson rem_ inded Elected Officials to check their e- mail for a Public Records.Regtest. ADJOURNMENT.. There being no further business, the Meeting adjourned at 8:21 P.M. • Angela M. Apperson, MMC, Assistant City Manager/City Clerk Rocky Randels, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME A//G/� JQ�� MAILING ADDRESS R/17 ITY C COUNTYZ OweS DATE ON WHICH VOTE OCCURRED /9,2,// oma// 1:1,E;202 COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ICH I SERVE ISA UNIT OF: CITY 0 COUNTY QOTHER LOCAL AGENCY NAME OF POLmCAL SUBDIVISION: C.r� iOF�e:'rZ C4Y VC fa 1 MY POSITION IS: :IA la ELECTIVE n APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Toss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or Toss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. 1, ,JaY/1/,©� DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on /9 it1/ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20/S : , by , which z),P//4 ( 3, 2/Z, / �fi v i�G� ,�r�1� Arima /p,E' /aim Pi ��. � /A/ , -771r 7791/1- /0/:2 ' 2 Gam/ //✓/P / " 7/A/ L./ fn2« 0,e".72/,"77t'/v. 2S,-�r� 2a/.3 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2013 Item No. t - Subject: Award Year 3 of the Lining of Manholes and Lift Station Wet Wells Program to the Hinterland Group, Inc. of Cocoa, Florida in the amount of $171,786 and approve a budget transfer from contingency of $71,786 to complete the project in three years instead of four. Department: Public Works Services Summary: Public Works Services (PWS) initiated this Lining of Manholes and Lift Station Wet Wells Program in FY 2010-2011 to reduce infiltration and inflow (I/I) into the sanitary sewer system. The main purposes of the Program are to improve wall protection, repair voids and enhance the structural integrity of all sanitary sewer manholes and selected lift station wet wells. In turn, this Program reduces the hydraulic loads on the Wastewater Treatment Plant (WWTP) from excessive 1/1 (Le., groundwater), thus reducing treatment costs. The Program was originally developed to span five years. The first two years included the lining of 202 manholes and one wet well with a fused calcium aluminate coating. The Program can be completed in four years by lining the remainder of the manholes (129) during Year 3 (FY2012-2013) and line only selected lift station wet wells in Year 4 (FY2013-2014). The City will again contract with Hinterland and "piggy -back' on the South Seminole and North Orange County Wastewater Transmission Authority RFP #2012-002, Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services Cooperative Purchase Agreement for Lining Manholes. This Contract was re -bid in 2012 and the new Contract became effective in January 2013 for a period of one year with possible extensions for three years. Submitting Department Director: Jeff Ratliff Attachments: #1 — Price Quotation #2 — Contract and Exhibits Date: 04/05/13 Financial Impact: $100,000 was budgeted for FY2012-2013 to complete the project as stated above; a budget transfer of $71,786 is needed s--/3 Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Co ncil take the following action(s): Award Year 3 of the Lining of Manholes and Lift Station Wet Wells Program to the Hinterland Group, Inc. of Cocoa, Florida in the amount of $171,786 and approve a budget transfer from contingency of $71,786 to complete the project in three years instead of four. Approved by City Manager: David L. Greene 01)-2.. 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E CO .01 p CO CO m CO m m 00 m Y Y CO m 1E s 11. s L Y U'U''tY t Y Y Y Y Y C 15 '0C Z Y C mEmmma'C m C tD N N C al CO CO N N 1t 00 a tt ID V N ID N D1 6Z " $ fV a1 W ID In N tD N N m ID D1 m N1 N C pi ,D,I ane m N OBD t6 R M 44) 11D1f N DI RN) N IIn n m COnn N CO N O441 m o0 n n wwirt In m to m v m 1r tr to 011 n tD v In v w v v a a v a v a o v v v v v v a a e v a N Ps In N /mZ 1.111 n M M I'9 �711V NaN-t .�-1 N1 In 444 M r.y1 n n n l� n n P f� n n ry1e11 Mer11 , .moo e4i pi pi .1 .~1 ei P1 pi 01 .4.4 pi 4-1 4-4 -I pia~ -1 e~1 ..41 4.4 N N pl N I-- 41 r1 vim° N .N-1 N N rl .i eY N rl .. 1.N-1 eN1 .N-{ r1 e1 . i rf .i 'Ni N rl Attachment #2 Contract and Exhibits January 31, 2013 SOUTH SEMINOLE & NORTH ORANGE COUNTY WASTEWATER TRANSMISSION AUTHORITY TO: Whom It May Concern 410 Lake Howell Road Mnilland. FL32751-5907 RE: RFP NO. 2012-002 Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services South Seminole & North Orange County Wastewater Transmission Authority has selected Hinterland Group Inc. under the above referenced RFP. Hinterland Group Inc. has a Contractor's Master Continuing Services Contract for the period of one year, which may be extended by mutual agreement of the Authority and Hinterland Group Inc. for up to three additional one year terms, South Seminole & North Orange County Wastewater Transmission Authority does not have any issues with another City/County piggybacking our bid package. Steph u ' . Miller Exec Director Telephone 4071628-3419 Fax: 4071628-0153 e-mail: ssnocwtalnu cf.rr.cpm ssnocwta2t eff.rr.eom, RFP NO. 2012-002: Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services CONTRACTUAL DOCUMENTS '1'1ILE CERTIFICATE (CORPORATE) AGREEMENT EXHIBITS A PERFORMANCE BOND B RIDER TO PERFORMANCE C LABOR AND MATERIAL PAYMENT BOND D RIDER TO PAYMENT BOND E CERTIFICATE(S) OF INSURANCE F NOTICE OF WORK ORDER. AWARD O NOTICE TO PROCEED ON WORK ORDER I� RFP NO. 2012-002 ATTACHMENT A I RFP NO. 2012-002 EVALUATION SUMMARY AND RANKING CONTRACTUAL DOCUMENTS Page 1 CERTIFICATE STATE OF Fft:)flekt ) COUNTY OF i(eVwd ) I HEREBY CERTIFY that a meeting of Board of Directors Of k4i rvv2 r 0.r -Nd r oQ p . `� C C. , a corporation Under of the laws of the State of Florida, held on ,gO‘tM1eY 5 , 2012, the following resolution was duly passed and adopted: "RESOLVED, that bL -1&e 117 (Individual's Name) as Pres cae'r•-'r (Title) of the corpor io ereby authorized to execute the Agreement dated 3ANv N 28 20 etwe n the South Seminole & North Orange County Wastewater Transmission Authority and this corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporations this da of Nov e nr b e 2012. _9 'i e Corporate Secretary (Corporate Seal) CONTRACTUAL DOCUMENTS Page 2 AGREEMENT ��--- 3 THIS AGREEMENT, made and entered into this 28 day of cJA`'AT'`/ 201 A.D., by and between South Seminole & North Orange County Wastewater Trahsmission Authority party of the first part (hereinafter referred to as "OWNER"), whose address is 410 Lake Howell Road Maitland, FL 32751 and 14 n- rD r tarscA 15Ct).. it < , party of the second part (hereinafter referred to as "CONTRACTOR"), whose address is !SS ?Nei e CcccA F i , c a, 3Z9z� WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work as specified, indicated or described in the Contract Documents as described in Article VIII and shall further perform services contained in the Work Orders issued pursuant to ARTICLE III as prepared by South Seminole & North Orange County Wastewater Transmission Authority. ARTICLE II - THE AGREEMENT SUM The OWNER shall pay to the CONTRACTOR, for the faithful perforinance of the Agreement and Scope of Work in ARTICLE I herein, in Lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: Based on such sums set forth in Attachment A (Schedule of Unit Price Proposal) from RFP NO. 2012-002, or such sums agreed upon by both CONTRACTOR and OWNER for assigned work as described in RFP NO. 2012-002 and issued Work Orders. CONTRACTUAL DOCUMENTS Page 3 ARTICLE III — WORK ORDERS OWNER and CONTRACTOR will confirm Scope of Work and Agreement Sum through issuance of Work Orders. Issuance of Work Orders may be done at the OWNER's discretion based on one of the following methods. The Parties to this AGREEMENT recognize that three (3) Contractors have been selected and ranked for issuance of Work Orders : • Bidding Work Order(s) on an individual basis with the lowest bid Contractor being awarded the Work Order(s). OR • Rotating Work Order(s) with each Contractor based on ranking summary from RFP NO. 2012-002 results (EXHIBIT I — Evaluation Summar and Ranking), with first Work Order going to first ranked Contractor, second Work Order going to second ranked Contractor and third Work Order to third ranked Contractor until rotation is completed. Should a Contractor be unable to participate on a particular Work Order then the next Contractor in-line would get the opportunity to commence and complete that Work Order. The selected Contractor will be issued a NOTICE OF WORD ORDER AWARD as provided herein as an EXHIBIT F. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK 1.) The CONTRACTOR shall commence work within 10 calendar days after receipt of NOTICE TO PROCEED ON WORK ORDER (provided as EXHIBIT 0) and receipt of conformed Drawings and Specification and will complete the same within the time allotted for each Work Order authorization unless the period for final completion is extended otherwise by the CONTRACT DOCUMENTS. 2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3.) The CONTRACTOR further declares upon the issuance of a Work Order he will have examined the site of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Agreement shall control any inconsistent provisions contained in the Drawings and Specifications. Upon receipt of the Work Order, all Drawings and Specifications shall been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Agreement be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Drawings or Specifications associated with the Work Order shall be interpreted and construed by the OWNER's Engineer (Engineer), and his decision shall be final and binding upon all parties, provided the OWNER agrees. CONTRACTUAL DOCUMENTS Page 4 It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the South Seminole & North Orange County Wastewater Transmission Authority or by any agent or representative as in compliance with the terms of this Agreement and/or of the Drawings and Specifications or other potions of the Contract Documents associated with the Work Order covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Agreement and/or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Agreement and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Agreement or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Agreement and/or his failure to comply strictly and in all things with this Agreement and with the Drawings and Specifications. 4.) As -built drawings, warranties must be submitted to the Engineer in accordance with the approved Scope of Work as set forth in the Work Order specified in ARTICLE III before final payment will be made to the CONTRACTOR. ARTICLE V - LIQUIDATED DAMAGES 1.) It is mutually agreed that time is of the essence in regard to this Agreement and should the CONTRACTOR fail to complete the Scope of Work as set forth in any issued Work Order, as established in ARTICLE III, within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the CONTRACTOR, and the OWNER will retain the amount of: Issued Work Order Amount O $50,000 and under ❑ Over $50,000 but less than $250,000 O $250,000 but less than $500,000 Daily Charge ner Calendar Dav $ 200 $ 400 $ 600 for each and every calendar day elapsing between the date fixed for substantial completion and the date such substantial completion shall have been fully accomplished. It is also hereby agreed that if this Scope of Work as set forth in the Work Order as established in ARTICLE III is not finally completed, in accordance with the requirements CONTRACTUAL DOCUMENTS Page 5 of the contract documents, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty: Issued Work Order Amount ❑ $50,000 and under ❑ Over $50,000 but less than $250,000 ❑ $250,000 but less than $500,000 pails Clime ger Calendar Dav $ 200 $ 400 $ 600 for each and every calendar day elapsing between the date fixed for final completion and the date such final completion shall have been fully accomplished. Said Iiquidated damages shall be payable in addition to any extra expenses or costs incurred by the Owner including, but not limited to: inspection and supervision occasioned by the delay; materials and equipment storage fees; additional employee salaries and benefits; rental of space; all utilities; and shall not exclude the recovery of damages by the Owner under other provisions of the contract documents. 2.) For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE VI - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions as presented in the RFP NO. 2012-002: Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1.) CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon Contractor's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the Owner shall make a partial payment to the Contractor, within fifteen (15) working days, on the basis of a duly certified and approved estimate by the Owner and the Engineer, for work performed during the preceding calendar month under the Agreement. To insure proper performance of the Agreement, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Agreement. 2.) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within 30 working days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VII - ADDITIONAL BONDS CONTRACTUAL DOCUMENTS Page 6 It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached as EXHIBITS A through D for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VIII - CONTRACT DOCUMENTS The Contract Documents, as stated in the RFP NO. 2012-002: Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services and herein made a part, are as fully a part of this Agreement as if herein repeated consist of the following and in Document Precedence as follows: L) This Agreement 2.) Exhibits to this Agreement 3.) Addenda (Modification) 4.) Division 00 (as provided in RFP NO. 2012-002) 5.) Division 01 (as provided in RFP NO. 2012-002) 6.)Drawings and Specifications 7.) Instructions to CONTRACTORS 8.) Work Order to be Issued Based on Article III ARTICLE IX — WORK CHANGES The OWNER reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Agreement, and agrees to make corresponding adjustments in the Agreement Sum and time for completion. Any and all changes must be authorized by a written change order signed by the Executive Director of SSNOCWTA or his designee as representing the OWNER Work shall be changed and the Work Order sum and completion time shall be modified only as set out in the written change order. Any adjustment in the Agreement Sum resulting in a credit or a CONTRACTUAL DOCUMENTS Page 7 charge 10 the OWNER shall be determined by a mutual agreement of the parties before starting the work involved in the change. ARTICLE X — COMPLIANCE WITH LAWS The Contractor shall give all notices required by and shall otherwise comply with all applicable laws, ordinances and codes and shall, at his own expense, secure and pay the fees and charges for all permits required for the performance of the Scope of Work as set forth in the Work Order specified in ARTICLE III. All materials furnished and work done is to comply with all local state and federal laws and regulations. ARTICLE XI — CLEANING UP Contractor shall, during the performance of this Agreement, remove and properly dispose of resulting dirt and debris, and keep the work area reasonably clear. On completion of the work, Contractor shall remove all Contractor's equipment and all excess materials, and put the work area in a neat, clean and sanitary condition and restore to original job site condition. ARTICLE XII -- LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws, Contractor warrants that his license and certificates are current and will be maintained throughout the duration of the Agreeement. ARTICLE XIII — ASSIGNMENT Contractor shall not delegate or subcontract any part of the work under this Agreement or assign any monies due him hereunder without first obtaining the written consent of the OWNER or its Authorized Representative. ARTICLE XIV -- SAFETY PRECAUTIONS Precaution shall be exercised at all times for the protection of persons, including employees, and property. The safety provisions of all applicable Iaws and building and construction codes shall be observed. ARTICLE XV — INSURANCE The CONTRACTOR shall procure and maintain insurance requirements as stated in RFP NO. 2012.002: Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Service and presented in the EXHIBIT E - CERTIFICATE(S) OF INSURANCE. ARTICLE XVI — GENERAL CONDITIONS CONTRACTUAL DOCUMENTS Page 8 The CONTRACTOR shall comply with the General Conditions as stated in RFP NO. 2012-002: Wastewater Pump Station Construction and Rehabilitation Contractor Continuing Services. 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City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2013 Item No. Subject: Resolution No. 2013-08; appointing a Member to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Douglas Raymond). Department: Legislative Summary: On August 30, 2012, the Board of Adjustment interviewed applicant Douglas Raymond to fill a vacancy. Based on the applicant's civic interests and previous experience, the Board recommends that Mr. Raymond be appointed by the City Council. After having conducted an interview at tonight's meeting of applicant Douglas Raymond, it is now incumbent upon the City Council to appoint a Member to the Board of Adjustment. Submitting Department Director: Angela Apperson /Pc- Date: 04-09-2013 Attachment: Resolution. No. 2013-08 Financial Impact: Staff time to prepare item. i , 7 , Reviewed by Finance Director: John DeLeo Date: 11 d ) 0 The City Manager recommends that City Council take the following action(s): Adopt Resolution No. 2013-08. Approved by City Manager: David L. Greene (.9 Date: lf_a3 City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications [1 Tabled to Time Certain RESOLUTION 2013-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Zoning Code Section 110-2, Cape Canaveral City Code, created a board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointments to the Board of Adjustment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints Douglas Raymond to the Cape Canaveral Board of Adjustment for a two year term so as to keep Board Member terms staggered. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of April, 2013. Rocky Randels, Mayor City of Cape Canaveral Resolution No. 2013-08 Page 1 of 2 ATTEST: Angela Apperson, Asst. City Manager/City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2013-08 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2013 Item No. Subject: Resolution No. 2013-09; appointing Members to the Construction Board of Adjustment and Appeals of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Jerry Agtmaal, William Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich). Department: Legislative Summary: City Code Section 82-32 establishes the Construction Board of Adjustment and Appeals (CBOA&A). This five -member Board meets on an "as neededbasis to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. The City Council interviewed applicants Jerry Agtmaal, William Budesa, Geoff Goetz, Thomas Quinn and Joseph Tichich at this evening's meeting. Resolution No. 2013-09 appoints all five applicants; term selections were randomly determined and are intended to stagger the terms of membership. Submitting Department Director: Angela Apperson Date: 4-8-2013 Attachment: Resolution. No. 2013-09 Financial Impact: Staff time to prepare the Agenda item. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Counci Adopt Resolution No. 2013-09. Date} 4-13 ke the following action(s): Approved by City Manager: David L. Greene bv-s. Date: City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2013-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 82-32, Cape Canaveral City Code, created a board known as the Construction Board of Adjustment and Appeals; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointments to the Construction Board of Adjustment and Appeals. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Cape Canaveral Construction Board of Adjustment and Appeals for the initial terms indicated below: A. Jerry ARtmaal and Josenh Tichich, and shall each be appointed to the Construction Board of Adjustment and Appeals for a term of three (3) years. B. William Budesa and Geoff Goetz shall each be appointed to the Construction Board of Adjustment and Appeals for a term of two (2) years. C. Thomas Ouinn shall be appointed to the Construction Board of Adjustment and Appeals for a term of one (1) year. Following completion of their initial terms, appointees shall be eligible for reappointment to the Construction Board of Adjustment and Appeals for additional terms consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. City of Cape Canaveral Resolution No. 2013-09 Page 1 of 2 Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of April, 2013. ATTEST: Angela Apperson, Asst. City Manager/City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2013-09 Page 2 of 2