HomeMy WebLinkAboutAgenda Packet 03-18-2014CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official /Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tern or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tern or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
March 18, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi - judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:45 p.m.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2013 — Presentation by Bernadette Britz- Parker,
James Moore & Co.
Proclamation designating April 2014 as Parliamentary Law Month in the City of Cape
Canaveral.
Proclamation designating April 1, 2014 as National Service Recognition Day in the City
of Cape Canaveral.
Institute for Elected Municipal Officials (IEMO) III: The Leadership Challenge Certificate
of Completion to Mayor Rocky Randels.
Interview Applicants for appointment to the Code Enforcement Board. (Jerry Agtmaal,
Christopher Cloney, Desmond Wassell)
CONSENT AGENDA:
6:45 p.m. — 6:50 p.m.
1. Approve Minutes for Regular City Council Meeting of February 18, 2014.
City of Cape Canaveral, Florida
City Council Meeting
March 18, 2014
Page 2 of 3
2. Authorize the Plan of Termination of the Declaration of Condominium of Cape
Canaveral Professional Building, a Condominium (110 Polk Avenue), to be
recorded in the Public Records of Brevard County, Florida and then filed with the
State of Florida and authorize the Mayor to execute same.
3. Award the bid for the Polk/Poinsettia Avenue and Tyler /Poinsettia Avenue
Drainage Improvements Project to Atlantic Development of Cocoa, Inc. in the
amount of $25,795.20 and authorize the City Manager to execute the
Construction Agreement for same.
4. Award the bid for the North Banana River Boulevard Sidewalk Project to Wm.
Turnbaugh Construction, Inc. in the amount of $28,997.50 and authorize the City
Manager to execute the Construction Agreement for same.
5. Resolution No. 2014 -06; approving a Memorandum of Agreement for Highway
Maintenance along State Road A1A with the Florida Department of
Transportation; providing for the repeal of prior inconsistent Resolutions;
severability; and an effective date.
6. Resolution No. 2014 -07; Resolution for Assistance 2014 under the Florida Inland
Navigation District Waterways Assistance Program; providing for repeal of prior
inconsistent Resolutions; severability and an effective date.
7. Resolution No. 2014 -08; officially naming a previously unnamed private access
"Praetorius Lane ", located within the City of Cape Canaveral and more
particularly depicted on Exhibit "A" attached hereto; requesting the Board of
County Commissioners of Brevard County, Florida, to place the named private
access on its official maps of record; providing for recordation; repeal of prior
inconsistent Resolutions; severability and an effective date.
8. Resolution No. 2014 -09; supporting the First Responders Program and urging
the Brevard County Board of County Commissioners to continue supporting and
participating in the funding of the collaborative effort between Brevard County
Municipalities and Brevard County Government to provide the highest level of
Emergency Medical Services ( "EMS ") to Municipal and County residents;
providing an effective date, and providing for adoption.
9. Resolution No. 2014 -10; opposing Senate Bill 1070 and House Bill 947 filed in
the 2014 Legislative Session regarding fuel terminals; specifically urging the
Florida Legislature to preserve local government comprehensive planning and
zoning power to regulate the use of land by fuel terminals within local
communities; providing for the repeal of prior inconsistent Resolutions;
severability; and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
March 18, 2014
Page 3 of 3
ITEMS FOR ACTION:
6:50 p.m. — 7:15 p.m.
10. Consider Application for Satisfaction or Release of $94,550.00 Code
Enforcement Lien, Case No. 2010 - 00075, 7523 Magnolia Avenue.
11. Consider Application for Satisfaction or Release of $3,200.00 Code Enforcement
Lien, Case No. 2013 - 00033, 107 Anchorage Avenue.
REPORTS:
7:15 p.m. — 7:30 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that person may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting.
The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to
participate in the proceedings should contact the City Clerk's office (868 -1220 x220 or x221) 48 hours in
advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Presentations / Interviews
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's
Report for the Fiscal Year ended September 30, 2013 — Presentation by Bernadette
Britz- Parker, James Moore & Co.
rtment: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of
the City's Financial Statements for the Fiscal Year ended September 30, 2013. James
Moore & Co. determined the Financial Statements present fairly, in all material respects,
the financial position of the City of Cape Canaveral and are in conformity with Generally
Accepted Accounting Principles. The Audit was conducted in accordance with
Generally Accepted Auditing Standards and Government Auditing Standards. The
findings and recommendations will be presented by Audit Manager Bernadette Britz-
Parker.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent
year by $39.5 million (net assets). Of this amount, $9.3 million (unrestricted
net assets) may be used to meet the City's ongoing obligations.
The City's total net assets increased by $351,581. This is due to increased
emphasis by management on wise utilization of the City's resources.
At the close of the Fiscal Year, the City's Governmental Funds which include
the General Fund and Nonmajor Governmental Funds reported combined
ending fund balances of $7.15 million, an increase of $200,674 in comparison
with the prior year, due to a decrease in liabilities and an increase in
investments.
At the close of the Fiscal Year, fund balance for the General Fund was
$6,241,131. Of this amount, $12,394 relates to inventory and prepaids and is
therefore nonspendable. The remaining fund balance includes: restricted
($249,194), committed ($2,264,838), assigned ($428,837) and unassigned
($3,285,868) balances. Within the assigned fund balance category, the
largest portions are $256,251 assigned for use in the 2014 Budget and
$100,000 assigned to the Loan to the Community Redevelopment Agency.
Unassigned funds are available to fund on -going activities of the City's various
General Fund services and programs.
• The City's total long -term liabilities decreased $210,883. This was due
primarily to annual debt service payments on outstanding obligations related to
a State of Florida Department of Environmental Protection revolving loan for
Wastewater treatment improvements made in 1995 and 1996.
City Council Meeting
Date: 3/18/2014
Presentation
Page 2 of 2
«�
Submitting Department Director: John DeLeo Date: 3/7/14
Attachment: None. (The City of Cape Canaveral's , omprehensive Annual Financial
Report (CAFR) will be distributed separately.)
Financial Impact: Staff time and effort to prepare this Agenda Item and cost of the
Audit.
Reviewed by Finance Director: John DeLeo Date: 3/7//14
The City Manager recommends that City Council ke the following action:
Accept the Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2013.
Approved by City Manager: David L. GreeneJ�L Date:3 2^ 7Zlq
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/2014
PRESENTATIONS / INTERVIEWS
Subject: Proclamation designating April 2014 as Parliamentary Law Month in the City
of Cape Canaveral.
Department: Legislative
Summary:
The National Association of Parliamentarians and the Florida State Association of
Parliamentarians are societies dedicated to educating leaders everywhere in effective
meeting management through the use of Parliamentary Procedure. The Florida State
Association of Parliamentarians website defines Parliamentary Law as rules of the
game of democracy, rules that govern procedures by which civil and criminal laws are
made and adopted, and rules and customs that govern deliberative and decision -
making assemblies and organizations. Parliamentary Procedure refers to the rules of
parliamentary law as it is followed in any given assembly or organization along with any
rules of order the body may have adopted.
The correct use of Parliamentary Procedure protects the rights of individual members,
the majority, the minority, absentees, and all of those together, all the while fostering
orderly deliberation.
April is the birth month of Thomas Jefferson, the third President of the United States of
America and author of the first American manual of parliamentary practice; therefore, it
is an appropriate time to celebrate the use of Parliamentary Procedure.
Ms. Betti Cogswell represents the Florida State Association of Parliamentarians, Unit
Apollo XI, which meets September through May in Melbourne, Florida at the Melbourne
Library. She is here to accept the Proclamation on the Association's behalf.
Submitting Council Member: Mayor Rocky Randels Date: 03/03/2014
Attachment: Proclamation
Financial Impact: Staff time to prepare Proclamation and agenda item. Z
Reviewed by Finance Director: John DeLeo Date: 3 3
The City Manager recommends that City Council to a he following action(s):
Read the Proclamation designating April 2014 as Parlia entary Law Month in the City
of Cape Canaveral and present to representative.
Approved by City Manager: David L. Greene &`J� Date: 3 IV
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
PARLMMEATARYLA [MONTH
In the City of Cape Canaveral and hereby encourages out citizens to observe the Month
participating in appropriate ceremonies and activities. I
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/2014
PRESENTATIONS / INTERVIEWS
Subject: Proclamation designating April 1, 2014 as National Service Recognition Day
in the City of Cape Canaveral.
Department: Legislative
Summary:
The Corporation for National & Community Service (CNCS) is a federal agency that
helps more than 5 million Americans improve the lives of their fellow citizens through
service. Working hand in hand with local partners, they tap the ingenuity and can -do
spirit of the American people to tackle some of the most pressing challenges facing our
nation. Last year, CNCS initiated the first Mayors Day of Recognition for National
Service which was a tremendous success —with 832 Mayors officially signing up to
show their support and thank those individual who serve. A large number of mayors
indicated their support by registering at www.nationaIservice.gov /m avorsforservice and
issuing proclamations, as well as hosting public events and service activities, while
using traditional and social media to highlight the value of national service.
In cities and towns across Florida, more than 48,000 people are engaged in national
service to meet local needs and address our toughest community challenges. Through
AmeriCorps and Senior Corps programs (see Attachments 1 & 2), mayors are
increasingly turning to national service participants to help strengthen communities by
tutoring and mentoring children, supporting veterans and military families, responding to
disasters, increasing economic opportunity and recruiting local volunteers.
This year, the National League of Cities, the U.S. Conference of Mayors, and Cities of
Service are joining CNCS to promote the Mayors Day of Recognition for National
Service scheduled for Tuesday, April 1, 2014.
Florida's CNCS Office and Volunteer Florida, which administer Senior Corps and
AmeriCorps programs in our state, are partnering with the Florida League of Cities to
generate another strong show of national service support by mayors.
Submitting Council Member: Mayor Rocky Randels (% Date: 03/04/2014
Attachments: AmeriCorps Fact Sheet, Senior Corps article and Proclamation
Financial Impact: Staff time to prepare Proclamation and agenda item. _110 Reviewed by Finance Director: John DeLeo Date: 3 �y
The City Manager recommends that City Council take he following action(s):
Read the Proclamation designating April 1, 2014 as National Service Recognition Day
in the City of Cape Canaveral.
Approved by City Manager: David L. Greene 01.*v Date:3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Fact Sheet
Annual Statistical
Highlights
Engages more than
75,000 members
annually
Members serve at
15,000 locations
across the country
Mobilizes 4 million
volunteers annually
Leverages $480 million
in outside funding and
donations each year
C or a Jr (I t and Y p I tl III e p'
NA.-rJONAL&
COMMUNITY
,SERVICE***,m
1201 New York Ave., NW
W&ddngton, DC 20525
202-606-5000
AmeriCorps.gov
M
A111
A
It
Healthy s:.. eriC:"orps members save lives
through AIDS education and outreach, drub and
alcohol prevention training, and connecting poor
families to health clinics d services.
Strengthening Nonprofits and
Volunteer 1.
Strengthening o o s: AmeriCorps members help
faith -based and community groups expand services,
build capacity, raise fimds, develop new partnerships,
d create innovative, sustainable programs.
Encouraging competition and local control:
AmeriCorps pushes funding and decision - making to the
state and local level. Most grantees are chosen by
bipartisan state commissions appointed by the governor,
Advancing social innovation: AmeriCorps invests in
entrepreneurial orgwfizations that have been recognised
for their innovative ovative approaches to citizen problem-solving
such as Teach for America, City Fear, youth d,
JumpStart, Citizen Schools, and Experience Corps.
Expanding 1 . 1 Opportunity
i Ituilding Future Leaders
AmeriCorps Fast Facts
Veterans and military f es: AmeriCorps supports
the military cornmunity by engaging veterans in service,
helping veterans readjust to civilian life, and providing
support to military families.
embers with valuable skills specific to their service
(construction, teaching, weatherization, etc.) as well as
general skills of leadership and problem ..sol ° g that all
employers are looking for.
Leveraging a Powerful Retu
on
Public private partnerships:
foundations, substantial
in non-CN�S funds cacti year from businesses,
costs and become more efficient by supporting more
members with fewer federal dollars.
Mobilizing volunteers: AmeriCorps is a powerful
catalyst and force..multiplier for community volunteering.
Fast year AmeriCorps members recruited, trained, and
supervised more than 4 million community volunteers
for the organizations they serve.
800,000
Number of people who have served as AmeriCorps members since 1994.
1 billion
Total number of hours served by AmeriCorps members since 1994.
5.2 million
Number of disadvantaged youth tutored, mentored, or served by AmeriCorps members
in fiscal 2011.
4 million
Number of community volunteers managed or mobilized by AmeriCorps members in fiscal 2011.
$480 million
Value of cash and in -kind donations leveraged by AmeriCorps members in fiscal 2010.
15,000
Number of AmeriCorps service locations in 2012.
$2.4 billion
Total amount of Segal AmeriCorps Education Awards earned by AmeriCorps members since 1994.
Corporaeimi for
NATIO AL
Jamreg 2013
COMM UNITY
trot York Ave., NW * Washington, DC 20525 * 202-606-5000
SE VICE AmeriCorps.gov
Senior Corps d Corporation for National and Community Service Page I of 2
Attachment 2 FAQs
Corporation for
NATIONAL&
COMMUNITY SERVE BUILD IMPACT
SERVICE CC=
Home * Programs
Senior Corps Get Involved!
Senior Corps connects today's 55+ with the people and Search by Interest.
organizations that need them most. We help them become mentors,
coaches or companions to people in need, or contribute their, job and enter your zip code-
skills and expertise to community projects and
organizations. Volunteers receive guidance and training so they can
make a contribution that suits their talents, interests, and availability. or state:
Wed State
Conceived during John F. Kennedy's presidency, Senior Corps
currently links more than 360,000 Americans to service opportunities.
Their contributions of skills, knowledge, and experience make a real
difference to individuals, nonprofits, and faith-based and other
community organizations throughout the United States.
Vah=69wma"
Senior Corps Programs
Through grants and other resources--linducling the energy and efforts Senior Corps
of citizens age 55 and over—Senior Corps helps meet the needs and Marketing and
challenges of America's communities. Grants administered through Media Resoumes
Senior Corps provide funding for the following programs:
Brochures, logos, videos,
M
and more.
4,
Foster RSVP Senior Current Funding
Grandparents RSVP offers a full Companions Opportunities
You're a role model, range of volunteer Whether you're
a mentor, and a opportunities with giving families or There are no current funding
friend. Serving at thousands of local professions
one of thousands of and national caregivers much- opportunities for Senior Corps
local organizations, organizations. needed time off, programs.
you help children running errands, or
learn to read. simply being a Managing Senior
friend, you'll make a
difference. Corps Grants
Already have a grant?
Senior Corps News Log In to eGrants to
manage It. Have
http://www.nationalservice.gov/programs/senior-corps 3/4/2014
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Latest News
Nov 8, 7013 1 Press Releases
ArnerlCorps, Senior Corps
Renew Commitment to
America's Veterans
National service invests a
historic $25.7 million in
effort...
From the Blog
Posted on Dec: 31„ 7013 l By
Dana Faraday
`fop "fen National Service
Moments of 2013
This past year, we
engaged millions of
Americans in high - imp...
Photo
Senior Corps Volunteers
help to rebuild
See more Senior Corps
photos
Senior /jam
Corpsi..J`J
Updates
Senior Corps FAQ
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f
,w a
National Service
Timeline
programs
Focus Areas
Site policies and
Anna *riCaulrps State
Special Initiatives
Notices
and National
Mayors flay of
Accessilbillity
Arner1lColr'ps VIS "i "A
Recognitioln foil
OIA and Privacy Act
Arner'iCanll'Ips NCCC
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141 ):lay of Service
Open 4' overnrnent
Volunteer Gelnelraflon
president's Honor
Federal Register
Found
Roll
Notices
Seniiolr Corps
Careers
office of the
Social Innovation
Contact ifs
:[inspector General
Fund
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Site )Nap
h4://www.nationalservice.gov/programs/senior-corps 3/4/2014
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National Service Recognition Day
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
PRESENTATIONS / INTERVIEWS
Subject: Institute for Elected Municipal Officials (IEMO) III: The Leadership Challenge
Certificate of Completion to Mayor Rocky Randels.
Department: Legislative Services
Summary: The Florida League of Cities (FLC) and the John Scott Dailey Florida
Institute of Government have designed an intensive academic program called the
Institute for Elected Municipal Officials (IEMO). IEMO assists elected officials in
effectively meeting the requirements of their elected role and offers a comprehensive
overview of Florida municipal government.
Mayor Rocky Randels attended the inaugural class of the IEMO III: The Leadership
Challenge on November 22 -23, 2013 at the Orlando Hyatt Regency Airport Hotel. The
class included leadership assessments, a keynote speech from former Tampa Mayor
Pam lorio, and case studies on municipal leadership situations. The faculty instructors
for the class were Dr. Scott Paine and Dr. Mary Anne Watson from the University of
Tampa (see attached FLC Letter and Quality Cities article).
Submitting Department Director: Angela Apperson k Date: 3/4/2014
Attachments: FLC Letter, Quality Cities article and Certificate
Financial Impact: Staff time to prepare Agenda Item.
Reviewed by Finance Director: John DeLeo !� Date:
The City Manager recommends that City Council ke the following action:
Present the Institute for Elected Municipal Officials (IEMO) III: The Leadership
Challenge Certificate of Completion to Mayor Rocky Randels.
Approved by City Manager: David L. Greene 01A-j., Date: 6
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
,oc,#UE 01F
Ah
301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 • (850) 222-9684 • Fax (850) 222-3806 • www.floridaleagueofcities.com
Ms. Angela M. A pp.
rson
Cit% Clerk, Cit% of Ca)2e Canaveral
Post Office Box 326
Cape Canaveral, FL 3292*
M'. $ 10 �
i --- - 111!7? 1
"kl L111%,aU, 194 Cill ��L C=07?Z� I �1�01 C It �11� I F
the City of Cape Canaveral for completion of the Institute for Elected Municipal Officials III:
I
a I= W-r! 4T-M M eye sm t W; 11"Im M0 Met
We ask that the Certificate be presented as an agenda item for your next council meeting and be
i6ormally recorded in the minutes. We believe the importance of completing the Institute for
F-lected Municipal Officials III: The Leadership Challenge training should be known to key
officials and your community.
Thank you so much for your cooperation on this. If you have any questions, please don't hesitate
to call me at (850) 701-3619.
I m •. =-�
President P.C. Wu, Council President, Pensacola
First Vice President Lori C. Moseley, Mayor, Miramar • Second Vice President Matthew D. Surrency, Mayor, Hawthorne
Executive Director Michael Sittig • General Counsel Harry Morrison, Jr.
FEATURE
"I think we set the bar pretty high for the future classes! Very
interesting group that wasn't afraid of constructive debate!"
-Councilwoman Anne Gerwig, Wellington
IFLC UNIVERSITY
24 QUALITY CITIES I JAN/FEB 2014
Lynn Tipton, the League's director of
ship development, at ltipton@flcities.,
EMAIL: more information.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
PRESENTATIONS / INTERVIEWS
Subject: Interview Applicants for appointment to the Code Enforcement Board. ( Jerry
Agtmaal, Christopher Cloney, Desmond Wassell)
Department: Community and Economic Development
Summary: On February 20, 2014, the Code Enforcement Board interviewed four
applicants for a vacancy on the Board: Jerry Agtmaal, Christopher Cloney, Desmond
Wassell and John Florido. Per City Code of Ordinances Sec. 2- 171(c) (5), any person
nominated, elected or appointed to serve on a board or committee of the City shall
complete interviews with the board or committee on which the person is seeking
appointment and with the City Council. During the interview, Mr. Florido withdrew his
request. By unanimous vote, the Board recommended all three remaining Applicants to the
Council for consideration.
Upon selection of an Applicant, a Resolution for appointment will appear on the Regular
City Council Meeting Agenda for April 15, 2014.
Submitting Department Director: Todd Morley <,vN Date: 3 -5 -2014
Attachments: Code Enforcement Board Recommendation and Applications (3).
Financial Impact: Staff time to prepare item.
�0 C
Reviewed b Finance Director: John DeLeo Date: ) " I J
The City Manager recommends that City Council take the following action:
Interview Applicants and make one (1) selection.
Approved by City Manager: David L. Greene 0 -IPti Date: /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Memo
TO: David L. Greene, City Manager
VIA: Todd Morley, Community and Economic Development Dir
FROM: Joy Lombardi, Code Enforcement Board Secretary 0-(
DATE: February 26, 2014
RE: Recommendation to City Council — Code Enforcement Board Prospective Board
Member
At the February 20, 2014 Code Enforcement Board Meeting, the Board interviewed four
prospective Board Members; Jerry Agtmaal, Christopher Cloney, Desmond Wassell, and John
Florido.
During the interview, Mr. Florido withdrew his request. By unanimous vote, the Board
recommended all three remaining Applicants to the Council for consideration.
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAR COIIIL�AITTFE2O13
Pursuant to Section 2 -171, Cape Canaveral Code! AAYPH 44
i�
City Code requires prospective and existing board members to fill out an lappl' e a so
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: E 12 2.y H G
2. Home Address: 2-90 V 0_
N o VV% e. Cat -. l_
3. Home and Cellular Telephone: 321 — 783 -- D 3e!R 32 ! ^ 5.0 — 6 5.3 /
4. Occupation: 1" 5 u R A+Je-C— SR t 5
5. Business Telephone: S !t& S.... a CIS "Aa
6. Business Address: .:a if
7. E -Mail: J .9 bLA A, L. C- a m
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) ✓ (N)
3b. If yes to 3a, please list the name-r--IuV '�, prl /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. (Y) (N)
4b. If yes to 4a, have your civil rights been restored? m (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (y) (N)
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
7a.
7b.
119
2.
Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
If yes to 7a, please provide name(s) of person(s) and relationship to you:
INTERESTS/EXPERIENCE
4;Q �-- -
I7 Is
(Y) (N)
(Y) (N)
Briefly state your interest in serving on a City advisory board or committee:
CAPE c q,14y,i r �I�rs .e �Ewtrl'� . .. 1`� .4 V _ Z c A ve . n7 a -10 0
-T+ tA>Vu -LQ i i e 7 -a b 4-1-e 'PPP / 7— e o.
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:
*Members of these boards are required to complete and rile 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.
STRTe L aeep J:;JS• AD?itsUp- Se ?TLe. fl 6yPik `f 44aLL*1 .2.0
l ^� c LAlw.S I'd 1-1 K ITV P rr i r ,Acre— K.a. -r i N R . 7teA/'
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.
L 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
_:Z7
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) 861220 e�L,221.
Signature:
Please return to:
City of Capf Ca veral
Office of theeq Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
jAppointed by:
1Board Appointed to:
Term Expires:
Page 3 of 3
Date: oy—
r
" I
t t,�
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 eAsting board members to
prohibits a person from serving on a City Board or Committee i
felony, unless their civil rights have been restored:
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name,
2.
KJ
4.
5.
6.
7.
B.
Christopher C. Cloney
a
Home Address: 550 Jackson Avenue #303, Cape Canaveral, FL 32920
Home and Cellular Telephone: (H) 868 -7111 (C) 954-309 -0660
Occupation: Attorney
Business Telephone: 321 - 631 -3336
Business Address: 661 Brevard Ave., Cocoa, FL 32922
E -Mail: ccc@cloney.com
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) x (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) x (N)
3a. Are you a Business owner: m x (N)
3b. if yes to 3a, please list the name: CLONEY & CLONEY, P.A.
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony In any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) x
4b. If yes to 4a, have your civil rights been restored? M (N)
58. Do you presently serve on any other City of Cape x
Canaveral advisory board or committee? (1) (N)
5b. If yes to 5a, please list each:
Page i of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (1') x (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or manage? M (N) x
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTSlEXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
Preservation of the unique character and atmosphere of the City, while accommodating desirable
aesthetic and economic opportunities for residents, should be pursued by applying common sense in
balancing competing interests. I would a to contribute my time and training to that end.
2. In numerical sequence (1 = most Interested), please rank which advisory board or committee
on which you wish to serve:
a. 1
Board of Adjustment*
b. —�
Business and Economic Development Board*
c. 4
Code Enforcement Board*
d. ��
Community Appearance Board*
e.—
Construction Board of Adjustment and Appeals*
f. �—
Culture and Leisure Services Board
g. 8
h. ��
Library Board
Planning and Zoning Board*
I.
Other:
*Members of these boards are required to complete and Me 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:
I served on the working group of the 17th Judicial Circuit (Broward County) for the
creation and initial funding of the Drug Court Program.
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
1 hlvoe bin ae�ner pi�f�icceua ormney s ncc a IY7� and am as o Y up eme" Coosa Certified
Mediator. I serve as a o—dda Dar Fee Arbitrator and Fifth District Court of Appeal I&X9 tor.
D. STATE REPORTING REQUIREMENTS
Section 760.60, 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 X Male
Asian - American Female
Hispanio-Amedcan Not Known
Native - American
X 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. t (321) 868 -1220 ext. 22 .
Signature: Date: /ITTCi /3
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
Appointed by.,
Board Appointed to:
Term Expires:
Page 3 of 3
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.gWicatlort ;pity Cods! also
prohibits a person from serving on a City Board or Committee If that peUr1 -bas"Been c`onvrcfeb o; A
felony, unless their civil rights have been restored. i
NOV 2 6 2013 !11
Please complete the following in the space provided:;
1
A. GENERAL , e7 I
1. Applicant Name: 10 E S AON D A. vjAs 5 F_ tr L�
2. Home Address: J 9 b 3 LA6 -vuA uAN E t4 So 4
3. Home and Cellular Telephone: _ 1' l 3- Sr2 6 3(W) 70 3 `7 tso - 7 P F <<
4. Occupation:
5. Business Telephone:
6. Business Address: N/YX
7. E -Mail: 42.A.LMM:l 4� m S N f 6 M
B. EUGIBIL.ITY
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)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) X
4b. If yes to 4a, have your civil rights been restored? (Y) (N) X
58. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) X
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying fir a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) X
7b. If yes to 7a, please provide names) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a.
Board of Adjustment*
b.
Business and Economic Development Board*
C.
Code Enforcement Board*
d.
Community Appearance Board*
e.
Construction Board of Adjustment and Appeals`
f.
Culture and Leisure Services Board
g.
Library Board
h.
Planning and Zoning Board*
I.
Other:
'Members of these boards are required to complete and Me 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 or committee.
D. STATE REPOR71NG 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
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 Cleric's Office at (321) 868 -1220 ext. 221.
Signature: �tte a' we
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: ��z�1'.3
Date Appointed:
AAppointed by:
1Board Appointed to:
ITerrn Expires:
Page 3 of 3
Date:
GENDER
African - American
Male
Asian- American
Female
HispanicAmerican
Not Known
Native - American
Caucasian
DIS_ ABIL.I7Y
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 Cleric's Office at (321) 868 -1220 ext. 221.
Signature: �tte a' we
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: ��z�1'.3
Date Appointed:
AAppointed by:
1Board Appointed to:
ITerrn Expires:
Page 3 of 3
Date:
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 18, 2014
6:00 PM
MINUTES
CALL TO ORDER: Mayor Pro Tern Buzz Petsos, serving as thW0fair, called the Meeting
A! rllll,
to Order at 6:00 P.M. and led the pledge of allegiance.
,or
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor Pro Tern
Council Member
Council Members Absent:
Others Present:
City Manager
City Attorney
'11,
Administr", ro s D
Finance ,47/ir or
Comm jtv & Economic ,;]
Plahnin' Zoning Direct
7,
Leisure Director
Public W r & ices Di
Public Works S ces D(
Brevard County
Cape Canaveral Vo
PUBLIC PARTICIPATION:
Betty
MOM==
Director
or
Fire Dept. Assistant Chief
Deacon John Florido offered praise and thanksgiving for the leadership shown by the
Mayor and Council Members to make Sun, Space and Sea sparkle; the partnership
between Brevard County Sheriffs Office and the City to provide safety and protection.
He applauded the efforts of the men/women providing services to the City. He thanked
City of Cape Canaveral, Florida
City Council Regular r
February i 2014
Page
Council Members for giving their time, talent and treasury to the City. He urged for the
Council to have the guts not to ignore the homeless problems within the City.
Dr. Shannon Roberts noted a Health Insurance Market Place "Navigator" will be
available to provide free help to Brevard County Residents Saturday, March 1, 2014 at
the Cape Canaveral Library from 10 a.m. to 2 p.m. by appointment. She thanked the
Library Staff for their coordination efforts. It was noted further information is on the City
Website and the marquee.
PRESENTATIONS / INTERVIEWS:
Check presentation to the Brevard County Police Athle
of the 1 Annual Reindeer 5K RunMalk: PAL Pres�d
mission of the Police Athletic League and thanked,h�e�
for sponsoring the event to raise money for e pros
presented the check to President Frautzen,�� g tive
Treasurer Denise Postletheweight and thanked t" ij .for,
Attorney Garganese asked Mr. Moe ,lf'
correct, to which he replied in the affirh
the Board. Council Members spoke of
desire to serve.
if] a$ _
il
91
items
• 2
Don Frautzen explained the
.eisure Services Department
i. Mayor Pro Tern Petsos
'ector Kip Pastermack, and
'r-,w ork with the Leaciue.
rmation orb application was true and
��if
Mr. Moe expTai d his desire to serve on
e's,�,au,alificatioi°tis and thanked him for his
removed from the Consent Agenda
of prior inconsistent resolutions:
3. Resolution ,146. 2014 -04; appointing a member to the Library Board of the City of
Cape Canaveral; proAd nq for the repeal of prior inconsistent sistent resolutions; severability;
and an effective dati: (Alden Moe):
A motion was made by Council Member Walsh, seconded by Council Member
Hoog, to approve all three items on the Consent Agenda. The motion carried 4 -0
with voting as follows: Council Member Bond, For; Council Member Hoog, For;
Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh,
For.
City of Cape Canaveral, Florida
City Council Regular - •
February ./
Page 3 of
PUBLIC HEARINGS:
. a. Ordinance No. 03 -2014: adopted in furtherance of the requirement set forth in
Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding
$5,500,000 Capital Improvement Revenue Note, Series 2014, of the City to finance the
cost of a City Hall, Fire Station, Refurbishment of a Wastewater Treatment Plant and
related Capital Improvements: providing for the Series 2014 Note to be secured by the
it:;'c Pi ihlin CanAniz Tnv I-lnIU' ant galac Tav (,i inrnnte ari Fntitlamant
Communications Services Tax and certain Franchise Fees ", euthorizina the Gitv's
Drior inconsistent ordinances or Darts of prior inconststet ordinances in conflict
reading: Attorney Garganese read the Ordinance�;,itlI
' %i�U
change to page 4 to indicate the Mayor or Mayor Piro Yei
Documents. Discussion included the 1.99 0/60 terest
complete the documents and expressions of Ih, ',�s to ti
Hearing was opened. No comments were receiV64,and
Financial Advisor Jeff Larson indicated the low's' % °'
ur
additional $12,000.00. A motion was made by Coi
Council Member Bond, to approve '( Jrdi, Lance No. 03
with voting as follows: Council Mem" bier,-,-B arnd, For,
Mayor Pro Tern Petsos, For; Mayor Randels,;#asent
For.
into the record and noted a
is authorized to execute Loan
ate; the work ; being done to
Financing Team. ,,The Public
K"ublic Hearing was closed.
rest rate saved the City an
Member Hoog, seconded by
4' The motion carried 4 -0
C i.hi cIl Member Hoog, For;
anAouncil Member Walsh,
. b. Resolution Nox "2014 ti �;supplementipq Citv Ordinance No. 03 -2014 enacted on
February 18 2014' 1 /r' cce tiro "the proposal,,of Hancock Bank to purchase the City'
not to exceed 5 500 0,,Ca i `I Im rovement ;Revenue Note Series 2014; authorizing
the execution and delre "a on Agreement with said Bank to secure the
action d efined nece sa[y or d 'sable in connection with the finalization and execution
of the,oan Agreement the Notend the Security therefor; authorizing the execution
and deliv'ery of documertsIn connection with said Loan: desianatina the Note as "Bank
Uu,alITIea' .,,/ oviaing Tor re[real or supersession of prior Inconsistent uity resolutions or
actions; providing for severability and other matters in regard thereto; and providing an
effective date: Attorney Carganese read the Resolution title into the record and noted
technical change =lution. by the bank's attorney, which will ch nge the document to
be attached to the Comments included this is a 10 year loan at 1.99%
interest, no Ad Valorem Tax increase is needed to fund the repayment of the loan; the
City has revenue equaling six times the loan payment and only the only unknown is
what changes the Florida Legislature may make. The Public Hearing was opened. No
comments were received and the Public Hearing was closed. A motion was made by
Council Member Bond, seconded by Council Member Walsh, to approve
Resolution No. 2014 -05. The motion carried 4 -0 with voting as follows: Council
Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For;
Mayor Randels, Absent; and Council Member Walsh, For.
City Council Regular Meeting
February 18, 2014
Page 4 of
5. Ordinance No. 04 -2014; repealing Articles II and III of Chapter 90 of the Cape
Canaveral Code of Ordinances relating to flood damage prevention and floodplain
protection; adopting a new Article II of Chapter 90 entitled "Floodplain Management"
amending Chapter 82, Buildings and Building Regulations to create a new Article VI
entitled "Local Amendments to the Florida Building Code" adopting local amendments to
the Florida Building Code to implement the National Flood Insurance Program;
into the Code; severability; and an effective date, second
read the Ordinance title into the record. It was noted this
the City's Flood Insurance Rate discount. The Publi
comments were received and the Public Hearing was cf
Council Member Walsh, seconded by Council
Ordinance No. 04 -2014. The motion carried 4 -(�' witl
Member Bond, For; Council Member Hoog, For; AA
Mayor Randels, Absent; and Council Member'Walsh, I
REPORTS:
reader # Attorney Garganese
O�nanceis required to keep
ing was opened. No
sedtnotion was made by
Aember % og, to approve
voting a %fA flows: Council
ayor Pro Te etsos, For;
-or.
Council Member Moog noted the ope0ing of a new restaurant located in the same
complex as the Beachwave and indica�enjoyed the food'and the atmosphere.
Council Member Walsh inquired if the City<should �e`klg steps to limit the location of
facilities that could distribute medical mar A,Iha, s -'it be legalized. City Manager
Greene indicated Staff is monitoring the actions of the State Legislature and other
sources to see if the,City couldosition itself ,;prior to legalization and whether changes
should be made to the "Pain Manaaement" Ordinance.
Mayor Pra,, i tsos requested a `u d1 to on the Beach Renourishment, to which
Public Works Se vie `17 recto "Ratliff indicated the project is delayed until February 24,
2014.
ADJO
There being nofiurther business, the Meeting adjourned at :31 P.M.
• • •
�r - - - •
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No. Z
Subject: Authorize the Plan of Termination of the Declaration of Condominium of Cape
Canaveral Professional Building, a Condominium (110 Polk Avenue), to be recorded in
the Public Records of Brevard County, Florida and then filed with the State of Florida
and authorize the Mayor to execute same.
Department: Community and Economic Development
Summary: The City recently purchased the property at 110 Polk Avenue. It is a seven -
unit commercial condominium property. In as much as the City plans to demolish the
Building once the New City Hall is built, there is no need to have the ability to sell, lease
or otherwise control the units independently. Accordingly, the City needs to terminate
the condominium form of ownership on the property. The statutory process for
accomplishing this requires that a Plan of Termination be approved by the City Council,
executed by the Mayor and recorded in the public records.
The City Attorney's Office will file the Plan with the appropriate State agency and the
condominium will be formally terminated. The property's legal description will revert
back to the metes and bounds description.
Submitting Department Director: Todd Morley,01 Date: 3/6/2014
Attachment: Plan of Termination
Financial Impact: Staff time to prepare Agenda item and recording fees.
Reviewed by Finance Director: John DeLeo Date: 3 7
The City Manager recommends that City Counci ake the following action:
Authorize the Plan of Termination of the Declaration of Condominium of Cape
Canaveral Professional Building, a Condominium (110 Polk Avenue), to be recorded in
the Public Records of Brevard County, Florida and then filed with the State of Florida
and authorize the Mayor to execute same.
Approved by City Manager: David L. Greene Date: 3/ /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Prepared by and Return to:
Katherine W. Latorre, Esq.
Cape Canaveral Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, Florida 32802 -2873
. I %,I
1 *' 1 1 # I
. 1 . M .41 NJ I I U 10 1 am IKKIIIj 11
The undersigned, being the owner of all of the condominium units within Cape Canaveral
Professional Building, a Condominium, and the Termination Trustee, hereby execute this Plan of
Termination of the Declaration of Condominium of Cape Canaveral Professional Building, a
Condominium, according to the Declaration of Condominium thereof, recorded at Official Records Book
2292 at Page 2699 of the Public Records of Brevard County, Florida on April 10, 1981; as amended by
Amendment to Declaration ofCondominium of Cape Canaveral Professional Building, A Condominium
dated May 27, 1986, and recorded in Official Records Book 2701, at Page 2819 of the Public Records
of Brevard County, Florida ( "the Plan" and "the Declaration of Condominium "). By the execution
hereof, the Termination Trustee, and all of the unit owners hereby unanimously agree to ternunate the
Declaration of Condominium in accordance with the provisions ofthe Declaration of the Condominium,
and section 718.117, Florida Statutes, in accordance with the following provisions of the Plan:
1. This Plan of Termination shall be void if not recorded in the Public Records of Brevard
County on or before December 31, 2014.
2. The owner of all of the condominium units in the terminated condominium property
shall now be the sole owner of all of the common surplus, and other assets, if any, of
Cape Canaveral Professional Building, Inc., an inactive and dissolved Florida Non Profit
Corporation.
The owner of all of the condominium units in the terminated condominium property
shall now be the sole owner of all of the proceeds from the sale of the condominium
property.
4. The owner of all of the condominium units in the terminated condominium property
shall now be the sole owner of all insurance proceeds or condemnation proceeds, if any,
that are not used for repair or reconstruction.
The "Termination Trustee" shall be the City of Cape Canaveral, Florida, 105 Polk
Avenue, Cape Canaveral, Florida 32920.
6. The Termination Trustee shall have full power and authority, without limitation and
consistent with applicable law, to improve, subdivide, protect, sell, lease, encumber and
otherwise manage and dispose of the terminated condominium property or any part
thereof, and to re- subdivide said property as often as desired, to contract, sell, grant
options to purchase, to convey either with or without consideration, to convey said
property or any part thereof to a successor Termination Trustee and to grant to such
successor all the title, estate, powers and authorities vested in said Termination Trustee,
to donate, to dedicate, to mortgage, pledge or otherwise encumber said property or any
part thereof, to lease said property or any part thereof, from time to time, in possession
or reversion, by leases to commence in present or in future, and upon any terms and for
any period or periods of time, and to renew or extend leases upon any terms and for any
period or periods of time and to amend, change or modify leases and the terms and
provisions thereof at any time or times hereafter, to partition or to exchange property,
or any part thereof, for other real or personal property, to submit said property to
condominium, to grant easements or changes of any kind, release, convey or assign any
right, title, or interest, in or about an easement appurtenant to, said premises or any part
thereof, and to deal with said property and every part thereof in all other ways and for
such other considerations as it would be lawful for any person owning the same to deal
with the same, whether similar to or different from the ways above specified, at anytime
or times hereafter.
Effective immediately upon the recordation of this Plan of Termination of the Declaration of Cape
Canaveral Professional Building, a Condominium in the Public Records of Brevard County, Florida, all
of the property which was submitted to the condominium form of ownership by the Declaration of
Condominium, shall be removed from the provisions of the Condominium Act, terminating the
Condominium established by the Declaration of Condominium and the ownership of all of the property
that was previously subject to the Declaration of Condominium shall now vest in the undersigned sole
owner, the City of Cape Canaveral, a Florida municipal corporation.
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
The foregoing instrument was acknowledged before me this day of ,
2014, by Rocky Randels, as Mayor of the City of Cape Canaveral, (check one) ❑ who is personally
known to me or ❑ who produced _ as identification.
Notary Public
Print Name:
My Commission expires:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/2014
Item No.
Subject: Award the bid for the Polk/Poinsettia Avenue and Tyler /Poinsettia Avenue
Drainage Improvements Project to Atlantic Development of Cocoa, Inc. in the amount of
$25,795.20 and authorize the City Manager to execute the Construction Agreement for
same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed Contractors in
accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for
the construction of exfiltration storm drainage improvements at two locations as follows:
(1) west of Poinsettia Avenue along southern side of Polk Avenue for approximately one
hundred fifty (150) feet and (2) south of Tyler Avenue along eastern side of Poinsettia
Avenue for approximately two hundred thirty (230) feet.
Staff advertised this bid opportunity on January 24, 2014 by posting (1) a legal ad in the
Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to
the Onvia, Inc., bid service. Five (5) sealed bid submittals were received and publicly
opened at the City Clerk's Office on February 19, 2014. PWS Staff analyzed the bid
submittals and recommends that the City contract with Atlantic Development of Cocoa,
Inc., which provided the low bid in the amount of $25,795.20. The next lowest bid was
provided by Gregori Construction & Engineering, Inc., in the amount of $30,930.00.
Atlantic Development of Cocoa, Inc., has consistently maintained an excellent
performance record with the City of Cape Canaveral. A proposed Construction
Agreement is included as Attachment #1. A Bid Tally Sheet is included as Attachment
#2. The Drainage Improvements Project Bid Package is included as Attachment #3.
Atlantic Development of Cocoa's Bid is included as Attachment #4.
Submitting Department Director: Jeff Ratliff 4 Date: 03/06/14
Attachments:
#1 - Construction Agreement
#2 - Bid Tally Sheet
#3 - Drainage Improvements Project Bid Package
#4 - Atlantic Development of Cocoa's Bid
Financial Impact: $25,795.20 for the Polk/Poinsettia Avenue and Tyler /Poinsettia
Avenue Drainage Improvements Project to Atlantic- Development of Cocoa, Inc. w'll be
funded by the Stormwater Fund. Staff time and effo a p epare Agenda Item.
Reviewed by Finance Director: John DeLeo Date: /
The City Manager recommends that City Counci ke the following actions:
Award the bid for the Polk/Poinsettia Avenue an Tyler /Poinsettia Avenue Drainage
Improvements Project to Atlantic Development of Cocoa, Inc. in the amount of
$25,795.20 and authorize the City Manager to execute the Construction Agreement for
same.
Approved by City Manager: David L. Greene Date:
City Council Meeting Date: 03/18/2014
Item No.
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Construction Agreement
THIS AGREEMENT is made this _ day of 2014 between the OF
CANAVERAL, a Florida municipal corporation ("OWNER") and ATLANTIC DEVELOPMENT OF COCOA,
INC., a Florida corporation authorized and duly licensed to do business in the State of Florids
("CONTRACTOR"),
Documents, for construction of the Polk/Poinsettia Avenue and Tyler/Poinsettia Avenue Drainage
Improvements Project.
3. ORDER OF PRECEDENCE case of of documents bearing on the
Agree between OWNER and the CONTRACTOR, .. be resolved by
giving precedence in the follovAng ..-
shall Any inconsistency in the work description be clarified by the OWNER
O VTTAV CTO 2.
CONTRACT 5. • -. •R shall begin work within ten (10) business days after the
issuance of _ written Notice to Proceed a complete the work of the Project
calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER,
and may only granted in writing.
as if attached or repeated herein,
8. TERMINATIM DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves
the right to revoke and terminate this Agreement and rescind all rights and privileges associated with
this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke
and terminate this Agreement in the following circumstances, each of which shall represent a default
and breach of this Agreement:
Notwithstanding the aforementioned, ix the event nfadefault by CONTRACTOR, the OWNER shall
have the right to exercise any other remedy the OWNER may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, OWNER shall be
|iob|a only for the payment of all unpaid uharQeo, dmbenninmd in accordance with the provisions of this
Agreement, for Work property performed prior to the effective date of termination
breakdown of or damage to OWNER's affiliates' generating plants, their equipment, or facilities; court
W 0 awl r A
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60)
days, either party may terminate this Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this
Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be
fully enforceable
11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's
Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract
Documents.
Ilion nou
• ...
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the OWNER, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall
attend such meetings as designated by the OWNER'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct
the work, and give it all attention necessary for such proper supervision and direction.
@ToMr @TWTT
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water transDortation, and all other facilities and work necessa�ry for the DroDer comoletion of wo1M
I I
MINION*
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17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than OWNER and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers,
employees, and city attorneys (individually and in their official capacity, from liability, losses, damages,
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed
or utilized by CONTRACTOR in the performance of this Agreement.
00440
liability and all suits and actions of every name and description that may be brought against the
I
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provided herein.
21. SAFETY - CORTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents am
warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
0 Q 0. 0 . . 1 0 1 1 a . . , I . . 1 0 1 a I I . 0 1 0 0 0 "
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23. BOND - CONTRACTOR may supply a materials, performance and payment bond(s) in form approved
by the OWNER's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents. If a bond is supplied, CONTRACTOR shall provide a certified copy of the
recorded bond to the OWNER prior to commencing the Work. CONTRACTOR acknowledges and
agrees that OWNER is prohibited from making payment to CONTRACTOR until CONTRACTOR has
provided said copy to OWNER, if required.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
ihe types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work are performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
A i . 11"R
ri Me MIMMIM
OWNER pursuant to this Agreement.
Q. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
(3. INTEGRA71ON: MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally ir-,-
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by han4
or mailed, postage prepaid to:
rina-MR71
2185 West King Street
Cocoa, Flodda 32926
Page 9
1 L U -a 11 6-4 a alluz. &-a L, E.''. .
City of Cape Canaveral
1.0. Box 326
2a-u� Canaveral, Florida 32920
Fill
CONTRACTOR:
Attest: Name
A A A
Attest: Angela Apperson, MMC By: David Greene, City Manager
City Clerk
r0=11 WOMM
Attachment #2
Bid Tally Sheet
I
Attachment #3
Drainage Improvements Project
Bid Package
PolklPoinsettia Avenue and TylerlPoinsettia Avenue,
Drainage Improvements
Section 1: S -,2gE of Services
The Contractor shall provide services to the City for assigned tasks that are related to thi;
construction of exfiltration drainage improvements at two locations along Poinsettia and Polk
Avenues. Please see the attached Bid Sheets, Photos of Sites and Exfiltration Trenches Diagram
for the detailed scope of work.
11111 1
Excavation and reconstruction of existing sidewalk sections and installation of ADA
mats.
I I * I * I
33 �
Section III: Requirements
I . Attached Bid Sheets I and 11.
2. Proof of liability/worker's comp insurance.
3. Copies of certifications and licensures (General Contractors License, Underggro
Utility and Excavation Certification, and Inten-nediate Maintenance of Traffic [MO
Certification). I
ppil l�i�iiiiiiiiiiil 111�� ill lll��
1) Be licensed in accordance with all appropriate State, Brevard County and City
requirements.
2) Have labor crews controlled and directed by an on-site supervisor well versed
underground utility work. i
3) Provide a 2- hour - -day contact phone number to the City's Public Works Services
Department.
4) Report any event that occurs that is out of the ordinary while the firm is performing
the work.
5) Be responsible for reporting immediately any and all conditions or damage occunirr--
to City or private property, whether the firm caused said condition or damage or on
observed the condition of damage. Damages may involve, but are not limited to, roalo
utility or drainage structures.
7) Infon-n the Public Works Services Department of any delay or non-performance. Fi
shall have work personnel on the site five days per week (unless there are ve
hi.unusual or unforeseen circumstances). The City is not interested in contracting with
firm that uses this project as "fill-in" type work between other construction projects.
8) Submit one payment request upon project completion which specifically lists tl;;p
work done. Payment shall be coordinated with the Public Works Services Departmel
after inspection of the completed work by the Public Works Services Department. M
D. Bid packages may be obtained from the City Clerk's Office at (321) 868-1220, x221 or via e-
mail at jmvf� q�zmafA�,cr,al.,,M.
E. Specific inquiries (e.g., site visit requests) concerning this Request for Bids shall be in
writing via facsimile to Jeff Ratliff. Public Works Services Director, at (321) 868-1233 or via
e-mail at J
yqL 9,.rS.
[IN MI =-
EAltration Trenches
MUMME = -I
• AL
February 2012
rA
N-141", I RN5,111
0
-Me permeability ♦ the soils at the exfiltration trench location and the anticipated wat
table elevation determine the applicability and performance of the exfiltration tren
system, which has to b j e able to exfiltrate the required stormwater treatment volume a
drawdown the treatment volume to return to its normal condition within a specific ti
-H-
RM
Bid #2014-03 Bid Sheet I
D ET, ' "I
P-W W"O AMC WT I
Supply all labor, equipment and materials as follows for this stormwater improvement
project.
The project scope of work (exfiltration system) is as follows (see attached Exfiltration
Trenches Diagram for guidance
only):
to
Code: Quantity: Each Cost: Total Cost:
1). Obtain permit from
Community & Economic
Development Department
(no permit fee)
LS 1
2). Mob/demob
LS 1
3). Maintenance of traffic
LS 1
4). Connect to existing
stormwater manhole
LS 1
5). Install 15" diameter ADS
-12 perforated pipe
LF 150
6). Install #57 crushed
rock (6" on bottom and
6" on sides)
LS 1
7). Install filter cloth
LF 150
8). 6" cleanout assembly
LS 1
9). Install 15" x 6" reducer
LS 1
10). Excavate/replace 120
square feet of concrete
sidewalk LS
12). Install one ADA mal
in sidewalk at
TOTAL COST (Bid Sheet 1):
Estimated Construction Time (Day]
Project Cost guaranteed for _ days.
Bid #2014-03 Bid Sheet 11
T,
Poinsettia Avenue Drainage Itngrovements
MHEMM- 14 Ms
8). 6" cleanout assembly LS
1). Install 15" x 6"reducer US
10). Excavate and replace
40 square feet of concrete
sidewalk LS
11). Install one ADA mat
Ln sidewalk at
Tyler/Poinsettia LS
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Project Cost guaranteed for days.
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Attachment #4
Atlantic Development of Cocoa's Bid
BIDDER: Atlantic Development of Cocoa, Inc. (14 -014)
Bid #2014 -03 Bid Sheet I
Polk/Poinscttia Avenue Drainage Improvements
February 3. 2014
Supply all labor, equipment and materials as follows for this stotmwater improvement
project.
The project scope of work (exfiltration system) is as follows (see attached Exfiltration
Trenches Diagram for guidance only):
Item
Code:
Quantity:
Each Cost, .
Total Cost:
1). Obtain permit from
Community & Economic
Development Department
(110 permit fee)
LS
1
N/C
2). Mob /demob
LS
1
1,200.00
1,200.00
3). Maintenance of traffic
LS
1
300.00
300.00
4). Connect to existing
stonnwater manhole
LS
1
450.00
450.00
5). Install 15" diameter ADS
N- 12 perforated pipe
LF
150
31.50
4,725.00
6). Install #57 crushed
rock (6" on bottom and
6" on sides)
LS
1
1,180.00
1,180.00
7). Install filter cloth
LF
150
1.80
270.00
8). 6" cleanout assembly
LS
1
135.00
135.00
9). Install 15" x 6 " reducer
LS
1
205.60
205.60
10). Excavatelreplacc 120
750-00
square feet of concrete
735.00
sidewalk
LS
11). Excavatc 40 square
feet of concrete
sidewalk (replace with
sod)
LS
12). Install one ADA mat
in sidewalk at
Polk/Poinsettia
LS
13). Sod (St. Augustine)
LS
14).1 igation repair
LS
15). Cleanup,
re-install spced limit
sign post
LS
1 750.00 750.00
150.00 150.00
750.00
750-00
735.00
735.00
3 QD --Q 1
300.00
James Moore, Vice President
Company Name
BIDDER: Atlantic Development of Cocoa, Inc. (14014)
Bid #2014-03 Bid Sheet II
Tyler /Poinsettia Avenue Drainage Improvements
February 3, 2014
Supply all labor, equipment and materials as follows
for this storm water improvement
project.
The project scope of work (exfiitration system) is as
follows (see attached Exfiltration
Trenches Diagram for guidance
only):
Item
Code: Quantity:
Each Cost:
Total Cost:
1). Obtain permit from
Community & Economic
DeYelopment Department
(no permit fee)
LS 1
N/C
2). Mob /demob
LS 1
1,200.00
1,200.00
3). Maintenance of traffic
LS 1
300.00
300.00
4). Connect to existing
stormwater manhole
LS 1
450.00
450.00
5). install 15" diameter ADS
N -12 perforated pipe (non -
perforated beneath oak
trees)
LF 230
31.50
7,245.00
6). Install #57 crushed
rock (6'' on bottom and
6" on sides)
LS 1
1,890.00
^1,o90wG0
7). Install filter cloth
LF 230
1.80
414.00
8). 6" cleanout assembly
LS 1
135.00
135.00
9). Install 15" x 6" reducer
LS 1
205.60
205.60
10). Excavate and replace
40 square feet of concrete
sidewalk LS 1 250.00 250.00
4Sigiture 4(A
James Moore, Vice President
PPPPP P p
P
Atlantic Development of Cocoa, Inc.
Company Name
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/14
Item No. _
Subject: Award the bid for the North Banana River Boulevard Sidewalk Project to Wm.
Turnbaugh Construction, Inc. in the amount of $28,997.50 and authorize the City
Manager to execute the Construction Agreement for same.
Department: Public Works Services.
Summary: Public Works Services (PWS) invited qualified Licensed Contractors in
accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for
the construction of approximately 900 feet of concrete sidewalk and several driveway
aprons. The sidewalk is to be installed along the eastern side of North Banana River
Boulevard from the southern City limits to near the northern end of the road. The work
will be performed in the City's right -of -way in front of primarily multi - family condominium
complexes.
Staff advertised this bid opportunity on January 24, 2014 by posting (1) a legal ad in the
Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to
the Onvia, Inc., bid service. Four (4) sealed bid submittals were received and publicly
opened at the City Clerk's Office on February 19, 2014. PWS Staff analyzed the bid
submittals and recommends the City contract with Wm. Turnbaugh Construction, Inc.
which provided the low bid in the amount of $28,997.50. The next lowest bid was
provided by Atlantic Development of Cocoa, Inc., in the amount of $36,252.25.
Reference checks (via telephone) performed by Staff with City of Melbourne, City of
West Melbourne and Brevard County personnel revealed positive responses concerning
Wm. Turnbaugh Construction, Inc. A proposed Construction Agreement is included as
Attachment #1. A Bid Tally Sheet is included as Attachment #2. The North Banana
River Boulevard Sidewalk Project bid package is included as Attachment #3. Wm.
Turnbaugh Construction Bid is included as Attachment #4.
Submitting Department Director: Jeff Ratliff vo& Date: 03/05/14
Attachments:
#1 - Construction Agreement
#2 - Bid Tally Sheet
#3 - North Banana River Blvd Sidewalk Project Bid Package
#4 - Wm. Turnbaugh Construction's Bid
Financial Impact: $28,997.50 for the North Banana Riv oulevard Sidewalk Project
to be funded by the General Fund; Staff time to pre r Agen a Item. �7
Reviewed by Finance Director: John DeLeo Date: /
The City Manager recommends that City Coun take the following action(s):
Award the bid for the North Banana River Boule and Sidewalk Project to Wm.
Turnbaugh Construction, Inc. in the amount of $28,997.50 and authorize the City
Manager to execute the Construction Agreement for same.
Approved by City Manager: David L. Greene Date:
City Council Meeting Date: 03/18/14
Item No. _
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
Attachment #1
Construction Agreement
follows:
14 [oil
X4
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by
giving precedence in the f• •, • order:
inconsistency Any • description shall be ► by OWNER and performed •
CONTRACTOR.
CONTRACT TIME - The CONTRACTOR shall begin work within ten (10) business days after the
issuance of a written Notice to Proceed and shall complete the work of the Project within thirty (30)
calendar days from the date of the Notice to Proceed. Extensions, K any, are authorized by OWNER,
and may only be granted in writing.
M JUMS11M 1:4 ;9% 1 F M. i
CMK I=
WE 0 9", M-
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as 9 attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNEWS REMEDIES - The OWNER reserves
the right to revoke and terminate this Agreement and rescind all rights and privileges associated with
this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke
and ten-ninate this Agreement in the following circumstances, each of which shall represent a default
and breach of this Agreement:
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall
have the right to exercise any other remedy the OWNER may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, OWNER shall be
liable only for the payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for Work properly performed prior to the effective date of termination
;1'j c [0j.1:0 I I M I I �JJJL:C, I Hit-=- I 0101t; It 1;M1611 11 *1 ou 11701 M is j� UTTSIMSIMER. lool a lej is-1110217, wto a -
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remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60)
days, either party may terminate this Agreement.
10. SEVERABUTY - In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise uneriforceable by a court of law, the parties, at the sole discretion and
option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this
Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be
fully enforceable
11. PROGRESS PAYMENTS - OWNER shall make progress payments • account • the contract price to
CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's
Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract
Documents.
UUM Me,
• . •. . • . -•
b. Work that does not comply with the Contract Documents:
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
llii i li 1, 115,11 �::Adl I 1 117
jq:J�� pp
14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the OWNER, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall
attend such meetings as designated by the OWNERS Project Manager.
15. RESPONS.11BIUTIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Respo nsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct
the work, and give it all attention necessary for such proper supervision and direction.
Page 5
North Banana River Boulevard Sidewalk Project
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Fumishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and "r -k necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure
all licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authodzed in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide wdtten guarantee for work and matedals for one (1) calendar y-
r •
cceptance by OWNER.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior, written consent of the OWNER.
upon receiving written approval from OWNER, any part of this Agreement is subcontracted
by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or
omissions performed by the subcontractor as if no subcontract had been made.
b. If OWNER determines that any subcontractor is not performing in accordance with this
Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide
OWNER and its affiliates with insurance coverage as set forth by the OWNER.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than OWNER and CONTRACTOR.
18. PROHIBITION AGAINST CONTINIGENT FEES - CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee mrking solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers,
employees, and city attomeys (individually and in their official capacity, from liability, losses, damages,
and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed
or utilized by CONTRACTOR in the performance of this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or
to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the
Page 6
-10 01i , , AM 4"N 'IF-IINT11001111
provided herein.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
23. BOND - CONTRACTOR may supply a materials, perfon-nance and payment bond(s) in form approved
by the OWNER's City Attomey and in accordance with Florida law and in an amount specified in the
Contract Documents. If a bond is supplied, CONTRACTOR shall provide a certified copy of the
recorded bond to the OWNER prior to commencing the Work. CONTRACTOR acknowledges and
agrees that OWNER is prohibited from making payment to CONTRACTOR until CONTRACTOR has
provided said copy to OWNER.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types • insurance and limits • liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
under this Agreement "ether such Work are performed • the CONTRACTOR or • anyone
directly employed by or contracting with the CONTRACTOR.
Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the
OWNER pursuant to this Agreement.
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid to:
. VX0101
Um"Jilm
1,910 Suapres Lane
West Melbourne, Florida 32904
MUM��
T11RABAIGH CONSTRVICTION,
INC.
Attest: Name
[Smil!1:11
wASwRw---
F,Mid LQJ I LO rw 0 111110 1 lid RAIR0,101 I 9A V. I LOJ 11
Attest: Angela Apperson, MMC By: David Greene, City Manager
City Clerk
LOEWE=
F97-M
Attachment #2
Bid Tally Sheet
Attachment #3
North Banana River Blvd Sidewalk Project
Bid Package
REQUEST FOR BIDS
North Banana Rivnr B k-
BID #2014-02
City of Cape Canaveral,
Public Works Department
North Hanana River Boulevard Sidewalk, Project
The City of Cape Canaveral invites qualified Licensed Contractors in accordance with Florida,
Statutes ao submit a Bid to replace approximatcly 900 feet of c�oncrete sidewalk (54ce wide) and
driveway aprons along the eastern side of North Banana, River Ek-pulevard from the southem City
Bruits to near the northern end of the roadway. The properties to be impla,cted are multi-fatnily
cA.)ndominium complexes,,
Section It: Wort Statement
-se I-i,rqjcct consists ofthe following major tasks:
I'lie concrete sidewalk shall be 5-feel wide and 6- inches thick for the full length of
prqjeo
601 Thunbi Blvd - Pml Office Boax 326, ("alw Cana% cral, Fl. 32920-0326
"w-021)968-1233
mg CrIllaW
The umcretc driveways shall be 6-inches (hick and constructed between the Miami-cu
and existing asphalt parking lots. i
0 The replacement concrete F-curbs shall be of same design as existing F-curbs.
RIMNITIJIII�.
• ADA approaches (and mats) shall be constructed at all three driveways and each end of
project.
- Contactor shall restore any damaged concrete, asphalt, irrigation, sod, rock. etc. wh
concrete sidewalk. driveways, F-curbs and Miami curbs are completed.
Contractor shall be responsible to remove and dispose of any leftover dirt, sand, rock.
concrete, wood. sod, plants, etc. when concrete sidewalk driveways, F-curbs and iarm
curbs are completed.
Section III- Oter _RIqM ire MOL
WRIBRUINIM
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IN IN
W1111MMIOW-AII, 1
2) Have labor crews controlled and directed by an on-site supervisor well versed in
concrete work -
3) Provide a 24-hour-a-day contact one number to the City's Public Works Services
Depariment.
4) Report any event that occurs that is out of the ordinary while the fin is perfbnlling
the work.
5) Be responsible for reporting immediately any and all conditions or darnage occurring
to City or private property, whether the firm caused said condition or damage, or only
observed the condition of damage. Damages may involve, but are not limited to road,
utility or drainage structures.
6) Be responsible daily for a neat, orderly site appearance (including roadway and
parking lot entrances).
7) Inforni the Public Works Services Department of any delay or non-perfon-nance. Finn
shall have work personnel on the site five days per week (unless there are very
unusual or unforeseen circumstances). The City is not interested in contracting with a
finii that uses this project as "fill-in" type work between other construction projecis.
Submit payi-nent requests which specifically list the work done. Payment shall be
coordinated with the Public Works Services Department after inspection of the
completed work by the Public Works Scnrces Department.
E It is strongly suggested that a site visit be made to the project area by the Contractor
accompanied by a member ot'Public Works Services Department before submitting a bid for
this project.
F. Specific
Bids shall be in writing via facsimile to Jeff Ratliff, Public Works Services Department
Director, at (321) 868-1233
Item Code:
1). Obtain pen-nit from
Community & Economic
Development Department
(no permit fee)
LS
2►. Mob/demob
LS
3). MOT
LS
4). Excavate and dispose
of concrete
LS
5). Concrete sidewalk. 5-feel
wide: 6-Inches thick
SF
6). Concrete dniveway aprons,
6- inches thick
SF
7). F-curbs
LF
9). Mlanii curbs
LF
9). ADA approaches/mats
EA
Un
Quantity: Cos
525
16
90
8
10). Grade and sod SF 8(Z
Total Project Best®
Project Cost guaranteed for _ days.
Company Name
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Attachment #4
Wm. Turnbaugh Construction's Bid
WhOumtough
4910 Suapres Lane, Melbourne, FL 32904
Phone: (321) 725 -2530
®
Fax: (321) 952.1280
Mobile: (321) 258.8209
General Contractor CGCO57798
February 6, 2014
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, F. 32920
Phone: (321) 868 -1220 X 221
Fax: (321) 868 -1248
City of Cape Canaveral,
This is a letter of acknowledgement that Wm. Turnbaugh
Construction, Inc. of 4910 Suapres Lane, West Melbourne, Fl. 32904, has been in the
construction business for Forty (40) years, we do site work, roads, concrete, pipe,sewer
and etc.. We work with all municipalities, City and County. We are Certified FDOT.
Sincerely,
William P. Turnbaugh /Pres.
Vft. Tumbaugh Cormt, W.
4910 Suapres Lam
Wnt Malboume, FL 32M
I
Unit
Item Code:
Quantity:
Cost:
Total Cost:
1). Obtain pen-nit from
Community & Economic
Development Department
(no permit fee)
LS
1
60
60
2). Mob./demob,
LS
1
1000
1000
3). MOT
LS
1
1000
1000
4). Excavate and dispose
of concrete
LS
1
6000
6000
5). Concrete sidewalk; 54eet
wide; 6-inches thick
5F
4,000
3.50
14000
6). Concrete drivewav aprons;
6-inches thick
SF
525
3.50
1837.50
70. F-curbs
LF
16
25
400
8). Miami curbs
LF
80
17.50
1400
9). ADA approaches/mats
EA
8
350
2800_
I
Total Project Cost:
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ACORf>® DATE (MMl YYY)
CERTIFICATE OF LIABILITY INSURANCE 2/6/2014
THIS CERTIFICATE 15 ISSUED ASA MATTER OF INFORMA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the oiicy(les) must be endorsed. If SUBROGATlON IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ren Zuon
ro & ro o and PHO (321FAX (3z1)a�N31341 Office Park Place A DREssks esuite 202 I CovERACENA"1 L 32940 INs RA. est Ice 4112
INSURED iNsunRB-.rrVA Mutual Insurance C2MpApy 0385
Turnbaugh Construction, Inc. INSURER C:
4910 Sues Lane INSURER D
INSURER E
west 011 329®4 kNSU RF:
COVERAGES CERTIFICATE NUMBERCL1312 912256ISI U
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
IN
LTR TYPE OF INSURANCE SR POLICY NUMBER PDLL® FF PHM LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
COMMERCIAL GENERAL LIABILITY PR MISES Ea oca rrenee $ 500 , 000
CLkIMs-M/-DE OCCUR rRA4907332 /14/2019 /14/2014 MEDExP(Any one person) $ 10,000
PERSONAL s ADV IN,UR Y $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000
POLM-Y PR®-
AUTOMOBILE LIABILITY COMBINED SINGL Lttd IT
Eaecadent 1 000 000
A X AIJY AUTO BODILY INJURY (Por person) S
ALL OV�NED SCHEDULED rRA4907338 /14 /2013 /14 /2014 BODILY INJJRY (Per ®cadent) $
AUTOS Aures
HIREDAUTOS NON-OS�NEG PROPERTY DAMAGE $
AUTOS P catMnl
Pit -easlc $ 10 000
X UMBRELLA LIAR LCL-AIMS.—MADE
EACH OCCURRENCE $ 1,000,000
A EXCESSLIAB AGGREGATE # 1,000,000
DED RETENTION rRA4907338 /14/2013 /14/2014 $
WORKERS C PENSATIONOTW-
AND EMPLOYERS° LIABILITY --°---
ANY PROPRIETORIPARTtERIE)ECUTIVE YIN EL EACH ACCIDENT $ 1,000.000
GFFICERIMEMBER EXCLUDED? 1:1NIA 2/12/2013 2/12/2014
(mandatory In NH) 84 0-0 0232 6 8-2 013 EL DISEASE - EA EMPLOYE $____I 000,000
II ws. desSoe under
DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT S 1,000 000
Contractor's Equipment rRA4907338 /14/2013 /14/2014 Renterueased Equromenl 100,000
DeduulNe
1,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Scheduie, It mom space Is required)
(321)952-1280 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
E EXPt TIN DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Cape Canaveral ACCORDANCE WITH THE POLICY PROVI1ONS.
Building Department
105 Polk Ave. AUTHORIZED REPRESENTATIVE
Cape Canaveral, FL 32920
Paul Corbley/ ------------
= - _
ACORD 25 (2010105) ®1988-2010 ACORD CORPORATION. All rights reserved.
I S025nninmini Thp Afnp n na p 2nA Irv+nnra ranletprart maricc of ®CAR r1
Consent@/ Restrictions,
Issue Date 10/1/2013 Exp Date: 9/30/2014
TAY RFrXlPT.qMAI I RF TRANVFRRED WITHIN 30 DAYS OF CHANGE OF OWNERSHIP OR LOCATION. NOTIFY REVENUE OFFICE UPON CLOSING BUSINESS
Comments/ Restrictions:
Issue Date 10/l/2013 Exp Date: 9/30/2014
TAY RFr.FIPT qHAI I RF TRANqFFRRFn WITHIN 30 DAYS OF CHANGE OF OWNERSHIP OR LOCATION. NOTIFY REVENUE OFFICE UPON CLOSING BUSINESS
STATE ■ FLORIDA
\\ �\ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
"I' 0
M
(850) 487-1395
Our mission at the Department is: License Efficiently, Regulate Faidy. We
constantly strive to serve you better so that you can serve your customers. is CIRTIFIED uad�er ,tho -provisio I up,of ChA89 72
Thank you for doing business in Florida, and congratulations on your \d\<w®< licensel XwV4100 dLtI'a ATJIG 31, 40i4 2 L2060101-602
)OU
n» IMP]
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".SEQ# L12060101662
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The Department of Transportation has qualified your company for the type of work
indicated below. Unless your company is notified otherwise, this Certificate of
Qualification will expire 9/12/2014. However, the new application is due
7/12/2014.
Your company's maximum capacity rating has been established based on
X Audited Reviewed financial statements. To access it, please log int#
the Contractor Prequalification Application System via the following link:
https://www3.dot.state.fl.us/ContractorPreQualification/
once logged in, select "View" for the most recently approved application, and then
click the "Manage" and "Application Summary" tabs.
FDOT APPROVED WORK CLASSES:
DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT-MIXED
BITUM. COURSES
FDOT APPROVED SPECIALITY CLASSES OF WORK:
CURBING, SIDEWALKS, HEADWALKS, APRONS.
TURNBAUGH, WM CONSTRUCTION® INC.
March 22® 2013
Page two
Juanita Moore® Manager
Contracts Administration Office
sm
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/2014
Item No. 5
Subject: Resolution No. 2014 -06; approving a Memorandum of Agreement for
Highway Maintenance along State Road Al A with the Florida Department of
Transportation; providing for the repeal of prior inconsistent Resolutions; severability;
and an effective date.
Department: Public Works Services
Summary: The City has been performing routine maintenance of all landscaped and /or
turfed areas within the FDOT rights -of -way, along State Road A1A, within the City limits
using City resources. FDOT now wishes to enter into a MOA with the City that provides
for a three -year term with one option to extend the term for an additional three (3) years
and compensate the City in the amount of $2,472 per year. This new revenue will help
offset the cost of the City's contracted landscaping firm and Inmate Crew that perform
the bulk of the routine landscape maintenance /litter control along A1A. MOAs have
been entered into by FDOT and other adjoining communities for the same types of
services along State Road A1A.
Resolution No. 2014 -06 authorizes the execution of the MOA and the MOA becomes an
exhibit to the Resolution.
Submitting Department Director: Jeff Ratliff Date: 03/06/14
Attachments:
#1 - Resolution No. 2014 -06
#2 — Memorandum of Agreement
Financial Impact: Staff time to prepare Agenda Item and funding of $2,472.
Reviewed by Finance Director: John DeLeo Date: 316
The City Manager recommends that City Councq )3ke the following action:
Adopt Resolution No. 2014 -06.
Approved by City Manager: David L. Greene c9'411- Date: k7
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Resolution No. 2014 -06
RESOLUTION NO. 2014-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING A
MEMORANDUM OF AGREEMENT FOR HIGHWAY MAINTENANCE
ALONG STATE ROAD A1A WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VII, of the
State Constitution to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City and the Florida Department of Transportation ( "FDOT ") desire to
enter into a Memorandum of Agreement for Highway Maintenance ( "MOA ") to provide for the
City to perform routine maintenance of all shoulders, landscaped and /or turfed areas within
the FDOT rights -of - -way along certain portions of State Road A1A located within the municipal
boundaries of the City of Cape Canaveral; and
WHEREAS, the MOA provides for a three -year term with one option to extend the
term for an additional three (3) years contingent upon satisfactory performance evaluations
by FDOT and subject to availability of funds; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution
is in the best interests of the public health, safety and welfare of the citizens of Cape
Canaveral.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida as follows:
SECTION 1. Recitals. The foregoing recitals are hereby deemed true and correct
and are incorporated herein as a material part of this Resolution by this reference.
SECTION 2. Approval of MOA for Highway Maintenance. The City Council of the
City of Cape Canaveral hereby authorizes the City Manager to execute that Highway
Maintenance Memorandum of Agreement with the Florida Department of Transportation,
attached hereto as Exhibit "A" and fully incorporated herein by this reference, and any
mutually agreed upon renewals or extensions thereto.
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.
City of Cape Canaveral
Resolution No. 2014 -06
Page 1 of 2
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.
Resolved BY the City Council of the City of Cape Canaveral, Florida, this 18th day of
March, 2014.
ATTEST:
Rocky Randels, Mayor
Name For Against
Angela M. Apperson, MMC, City Clerk John Bond
Approved as to Form and Sufficiency
For the City of Cape Canaveral Only:
Anthony A. Garganese, City Attorney
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Resolution No. 2014 -06
Page 2 of 2
Attachment #2
Memorandum of Agreement
ivw, A-�-
Florida Department of Transportation
IM k S( MI Bre% ard Operations NA%] 11 PRA%AD. P.1 .
GOVI'RNOR 15. Camp Road F ( R F 14 R I
- �
ocoa, FL 32921
Mr. Lonnie Dunn
City of Cape Canaveral
P.O. Box 326
Cape Canaveral. Fl. 32920
RE: Contract No.: AQQ25
Fin Project No.: 426503-1-78-02
County: Brevard
o It
Respectfully.
Wesley e
Contracts Production
IM
-,� kk kk dol Nt'lic 11 11,
CITY OF CAPE CANAVERAL
AND
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WITNESSETH
median strips on that pan of the State Highway System within the limits of the CITY or adjacent
to; and
and median strips shall be attractively maintained;
lip
WHEREAS, the CITY, by Resolution dated the da
i:i i
IS
nmp=���
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ24
Page 1 of 12
4. If, at any time while the terms of this Agreement are in effect, it shall come to the
of tYe-1 KT—NkMTXEYY'��1 --
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
Page 2 of 12
(A) Maintain the roadway shoulders, median strip • roadside area declared
deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. Th,i
actual cost for such work will be deducted from payment to the CITY or
• I 11�1 I 111111� p�1111111
!�1111�111pjj
U.-T=
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
Cocoa, FL 32927. Delivery shall be effective upon receipt of a proper quarterly invoice and
required, associated documents. I
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
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Page 5 of 12
Department w subject to the availability of w or w be
w shall be . to the same terms and conditions set forth Agreement.
The term of this Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terms and conditions as
applicable •, renewal of Agreement.
CITY OF 426503-1-78-02 !1
Page 6 of 12
OWS - �171 M,
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verbal or written, between the parties hereto.
16. This Agreement is nontransferable and non-assignable in whole or in part without
my
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CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
Page 7 of 12
1. shall utilize the U.S. Department • Homeland Security's E-Verify system to
contract; and
2. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S. Department • Homeland
the subcontractor during the contract term.
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACT NO.: AQQ25
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70080 AIA From M.P. 1.495 (east side of A I A) and 2.426 miles
M.P. 0.883 (west side of A I A) north to
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Page 10 of 12
IXITITJ��
FACTIVITY DESCRIPTION
471 Large Machine Mowing: Mowing of roadside acres
areas with large mowers where conditions
accommodate the efficient use of 7 foot and larger
mowers.
487 Weed Control - Manual: Brush, weed, and grass cutting acres
(4 inch diameter or less) performed with hand tools.
'I manhours,
,92 Tree Trimming and Removal: The trimming of the
height and sides of trees and removal of undesirable
trees (over 4 inches in diameter • trimming that can-
not be done under Activity 487). To include the chip-
ping and/or removal of all debris from work site.
541 Roadside Litter Removal: Cleaning roadways and acres
roadsides of debris, such as cans, bottles, paper,
trash and Ad•pt-A-Highway litter. Includes the
hauling and disposal of litter. Does not include
wayside parks, rest areas and service plazas barrels.
545 Edging and Sweeping: Removal • vegetation mill"
and debris from the curb, gutter and sidewalk. I
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02 CONTRACTNO.: AQQ2-''
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
CITY OF CAPE CANAVERAL
(AGENCY)
L-In
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Attest: (SEAL)
(Date)
LEGAL REVIEW
STATE OF FLORIDA
aalr.��Iawle_
By:
Director of Transportation Operations
District Five (Date)
Attest: (SEAL)
Executive Secretary (Date)
CITY OF CAPE CANAVERAL FIN NO.: 426503-1-78-02
Page 12 of 12
LEGAL REVIEW
District Counsel (Date)
= M
=I
I Moo
[1101ran w
A RESOLUTION AUTHORIZING XXXXX AND XXXXX TO EXECUTE A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY/COUNTY OF XXXXX, AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF
STATE ROAD RIGHTS-OF-WAY BY THE CITY; SErrING FORTH AN EFFECTIVE
DATE
SECTION ONE. That the XXXXX and XXXXX are hereby authorized to execute that
"Memorandum of Agreement — Highway Maintenance" between the CITY and the FLORIDA
DEPARTMENT OF TRANSPORTATION, and tnutuall� agreed upon renewals or
extensions. a copy of which is attached hereto and incorporated herein by reference.
321AA=
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I . NaTIMIRITITORM
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No.�
Subject: Resolution No. 2014 -07; Resolution for Assistance 2014 under the Florida
Inland Navigation District Waterways Assistance Program; providing for repeal of prior
inconsistent Resolutions; severability and an effective date.
Department: Leisure Services
Summary: The Banana River Park property, located at 901 River Park Drive, was
acquired in 2002 under the Florida Recreation Development Assistance Program
(FRDAP). Park amenities currently include a soccer field, canoe /kayak launching ramp,
a small playground and a fishing /viewing platform. Activities include soccer, paddle
boarding, kayaking, canoeing, fishing and passive recreation like picnicking, kite flying
and wildlife viewing. The lack of restroom /parking facilities and shaded areas negatively
impacts how the park is utilized by attendees.
Access to the Banana River Lagoon is limited not only within the City limits, but also for
neighboring municipalities; improving access is of paramount importance as this is the
only amenity that provides river access to the City's 10,000 residents.
Improvements can be made to Banana River Park through a Grant from the Florida
Inland Navigation District (FIND) FY 2014 Waterways Assistance Program Application
and will include launching /landing areas for canoes, kayaks, kite boarders, paddle
boarders and wind surfers; installing a putting green and two bocce ball courts. City
matching funds will be used to support the docks /waterside improvements with parking
areas, restrooms and signage.
The total project costs are estimated to be $426,661 and funding is anticipated as
follows:
Funding Source
Amount
% of
Status
Total
Project
General Fund
$166,263
38.92%
$105,969.58 from Recreation
Expansion Committed Reserves
and $60,293.42 Unassigned
Reserves
Florida Recreational
$188,270
44.17%
Application pending
Development Assistance
Program (FRDAP) grant
Florida Inland
$72,128
16.91%
Application pending
Navigational District
FIND rant
Submitting Department Director: Gustavo Vergara CO /iJA Date: 3/11/2014
Attachment: Banana River Park Florida Inland Navigation District FY2014 Waterways
Assistance Program Application with Resolution No. 2014 -07.
City Council N]eeting Date: 3/18/2014
Item No. ((�v
Page 2 of 2
Financial Impact: Total City costs for park are estimated to be $166,263; Matching
Grant Funds would cover $260,398 or 61.08% of the total Project cost; Staff time to
prepare Agenda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun it take the followi tion:
Adopt Resolution No. 2014 -07.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
CITY OF CAPE CANAVERAL
BANANA RIVER PARK
Florida Inland Navigation District
FY 2014
Waterways Assistance
Program Application
Submitted to: Florida Inland Navigation District
Attn: Janet Zimmerman, Asst. Ex. Director
Administrative Office on the Intracoastal Waterway In Palm Bay County
1314 Marcinski Road
Jupiter, FL 33477 -9427
March 24, 2014
Prepared by:
JOHN A. MAR, P.F.„ ILC
Civil Fngiftooring /consulting
102 Columbia Drive
Suite 207
Cape Canaveral, FL 32920
Office Phone: 321-613-2959
Cell Phone: 321 -288 -1040
johapekarpe@gmail.com
AomPlowe fords owe @gmau.com
Cgce Manager Cell Phone: 321 -403 -9899
FY 2014
WATERWAYS ASSISTANCE
PROGRAM
APPLICATION PACKAGE
THE FOLLOWING FORMS, IN ADDITION TO THE
REQUIREMENTS OF ITEMS 10 THROUGH 14 OF THE
APPLICATION CHECKLIST, CONSTITUTE YOUR FORMAL
APPLICATION.
SUBMIT THE APPLICATION INFORMATION IN THE ORDER
LISTED ON THE CHECKLIST.
ONE ORIGINAL AND ONE ELECTRONIC COPY OF YOUR
APPLICATION IS REQUIRED.
ATTACHMENT E - APPLICANT TIPS SHEET
(Mistakes Common to the application process and how to avoid them)
Scheduling — The new application is available by the 2nd week of January each year, and District funding is
available AFTER October 1St of each year. Applicants should plan their schedule to avoid commonly missed
deadlines: Application due — 1s-r of April; Property Control — 30t�' of May, Permits — 3rd week of September.
(Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding,)
Property Control Verification — Please have your attorney complete and sign the form in the application
verifying applicant property control. Support documentation is not necessary. In the case of leases or
management agreements, please forward a copy to the District well in advance of the deadline to verify
consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application
"window ")
Project Costs Eligibility — Please note the eligible project costs in Rule Section 66B- 2.008, F.A.C. If you are
not sure about an item's eligibility, ask! Note: Any ineligible cost, including in -house project management and
administration, is also not eligible for an applicant's match. Make sure you have delineated your required
minimum cost -share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility
of an item, work up a mock cost -sheet and send it to our office well before the deadline. Do not include
applicant proiect management in your cost estimate).
Cost -Share — Although the applicant must provide a minimum of 50% of the total project costs (25% for
eligible public navigation dredging), there is no specific requirement to split each item. You may desire to have
the District pay for some items and the applicant pay for others, or various percentages of each, etc. This may
allow for a stronger application and easier accounting. (Staff suggestion: Concentrate the District's cost -share
funding into those items most related to the waterway.)
Pre- Agreement Expenses - Rule 66B- 2.005(3), F.A.C. requires any activity in the submitted project cost
estimate occurring PRIOR to October 1St to be considered as pre- agreement expenses. The Board's past
philosophy has been to fund only those projects that require District funding assistance to be completed. It is
best to avoid pre - agreement expenses if possible, or limit them to a small percentage of the project. Note,
that pre- agreement expenses must be limited to 50% or less of the total project costs, and they are eligible
for only 1/2 of the original District funding. (Example: A project with a total cost of $200,000 is Board - approved
for one -half construction PRIOR to October 1St. In this case, District funding will be limited as follows: Only
50% of the $100, 000 project cost prior to October 1St is eligible as project expenses (I. e. $50,000). Then only
%z of the eligible project expenses ($50, 000) are eligible for District funding assistance (i, e. $25, 000).
Submitted Materials & June Presentation — Each year ambitious applicants submit a myriad of
information with their application. The Board must review and evaluate every application and each year we
receive about 80 applications for consideration. The final product for the Commissioner's review is two 8 -1/2"
x 11" spiral -bound notebooks containing the essential information for the application. If the submitted
material will not fit in these bound notebooks, it is discarded. NOTE; also make sure your final
submitted material is the same material you will be presenting to the Board at our June
meeting. This will avoid confusion and strengthen your presentation. (Staff suggestion: Limit
the submitted materials to the requested information, in the required format and make sure it is consistent
with your June presentation. Do not submit additional material at the June presentation! Don't create
unnecessary work for yourselfl)
ELECTRONIC SUBMISSIONS - Submit your electronic file in Word or PDF format on a CD, DVD or flash
drive only (no internet submissions). Make sure to label your disc with the applicant and project title
(handwritten is fine). Where feasible, you may combine multiple files from the same grant into one larger file
on the disc (i.e. scan the entire document as a PDF etc.). Note however, each grant application must be a
separate electronic file, but you may combine multiple grants from the same applicant on to one disc or drive.
Applicant
Department:
ATTACHMENT E -1
WATERWAYS ASSISTANCE PROGRAM FY 2014
PROJECT APPLICATION
APPLICANT INFORMATION — PROJECT SUMMARY
City of Cape Canaveral
Leisure Serices
Project Title: Banana River Park
Project Director: Gustavo Vergara
Title Leisure Services Director
Project Liaison Agent (if different from above): John A. Pekar, PE
Liaison Agent Title: City Consulting Engineer
Address: 102 Columbia Drive, Suite 207
Cape Canaveral, FL
Telephone: 321- 288 -1040
Email: johnpekarpe @gmail.com
Zip Code:
Fax:
32920
* * * ** I hereby certify that the information provided in this application is true and accurate. * * **
SIGNATURE:
DATE:
PROJECT SUMMARY NARRATIVE (Please summarize the project in 2 paragraphs or less.)
The proposed City project reflects waterside improvements to a City park located against the Banana
River Lagoon. Improvements include launching and landing areas for canoes, kayaks, kite boarding,
paddle boards, and wind surfers.
Safe access to the Lagoon will be provided with strong education benefits.
Large groups of both City and County residents will be provided access to the Lagoon. Space Coast
Kayakers have over 400 members.
City matching funds will be used to support the docks and waterside improvements with parking
areas, restrooms and signage.
Form No. 90 -22
Rule 66B -2, (New 12/17/90, Rev.07- 30 -02, 04- 24 -06)
Agenda P1
ATTACHMENT E -2.
APPLICATION CHECKLIST 2014
(To be completed by the Applicant)
This checklist and the other items listed below in items 1 through 14 constitute
your application. The required information shall be submitted in the order listed.
Any additional information submitted by the applicant is subject to being removed
from the package by District staff prior to presentation to the District Board
because of reproduction and space considerations.
Two (2) copies of your application are required. One original and one electronic
copy.
All information (except maps) is required to be on 8 1/2" x 11" Dauer.
Maps and
drawings may be on 8 1/2" x 14" paper and folded to 81/2" x 11"
so that they may
be included to hole punch and bound by staff.
PROJECT Hma : Banana River Park
YES
NO
1. District Commissioner Review (prior to March 03)
0
(NOTE: For District Commissioner initials ONLY!)
(District Commissioner must initial the yes fine on this
checklist for the application to be deemed complete)
2. Applicant Info/Project Summary — E -1 (Form No. 90 -22, 1 page)
✓Q
0
(Form must be completed and signed)
3. Application Checklist — E -2 (Form No. 90 -26, 2 pages)
ED
0
(Form must be signed and dated)
4. Project Information — E -3 (Form No. 90 -22a, 1 page)
0
D
5. Project Evaluation and Rating — E-4( +) (Form No. 91 -25)
Q✓
(Form must be completed, proper attachment included)
(No signatures required)
6. Project Cost Estimate — E -5 (Form No. 90 -25, 1 page)
IZI
E]
(Must be on District form)
7. Official Resolution Form — E-6 (Form No. 90 -21, 2 pages)
59
(Resolution must be in District format and include
items 1-6)
8. Attorney's Certification (Land Ownership) — E -7
Q
(Must be on or follow format of Form No. 94-26,
(Legal descriptions NOT accepted in lieu of form)
ATTACHMENT E -2 (Continued)
APPLICATION CHECKLIST
(To be completed by the Applicant)
9. Project Timeline — E -8 (Form No. 96 -10, 1 page) 0
10. County Location Map El
11. City Location Map (if applicable)
12. Project Boundary Map 0
13. Clear & Detailed Site Development Map ✓ 0
14. Copies of all Required Permits �✓
(Required of development projects only)
The undersigned, as applicant, acknowledges that Items 1 through 13 above constitutes a complete
application and that this information is due in the District office no later than 4:30 PM, April 01, 2014.
By May 30, 2014 my application must be deemed complete (except for permits) or it will be removed
from any further consideration by the District. I also acknowledge that the information in Item 14 is
due to the District no later than the final TRIM Hearing in September 2014. If the information in Item
14 is not submitted to the District office by the District's final TRIM hearing in September 2014, I am
aware that my application will be removed from any further funding consideration by the District.
APPLICANT: City of Cape Canaveral APP. TITLE: Banana River Park
** SIGNATURE - APPLICANT'S LIAISON **
Date Received:
Local FIND Commissioner Review:
All Required Supporting Documents:
Applicant Eligibility:
Project Eligibility:
Compliance with Rule 6613-2 F.A.C.:
Eligibility of Project Cost:
2
DATE
Available Score:
Form No. 90 -26 - New 9/2/92, Revised 07- 30 -02.
ATTACHMENT E-3 - PROJECT INFORMATION 2014
APPLICANT: -City • Cape Canaveral APPLICATION TITLE: Banana River Park
Total Project Cost: $ 426,661
FIND Funding Requested:$ 72,12W
% of total cost: 17%
Amount and Source of Applicants Matching Funds: City General Fund - $166,263 ($94,135 FRDAP Match I
plus $72,128 FIND Match) Matching funds for restrooms, parkirl
Other (non-FIND) Assistance applied for (name of program and amount) Florida Recreational Development
Assistance Program (FRDAP) - $188,271
r--- ✓=1
Ownership of Project Site (check one): Own: LY J Leased: = Other:
If leased or other, please describe lease or terms and conditions:
Once completed, will this project be insured against damage? Yes Explain: City Insurance
Has the District previously provided assistance funding to this project or site? :
If yes, please list:
me
What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces,
linear feet of boardwalk (etc.)? (as applicable):
111 i � 11 1� !yi I
I . 7, siips, parKing spaves"t"ir-ItTfier pi - U
project? (as applicable): Major launching and landing sites to serve large groups su6 as Space Coast
Kayakers Club (400+ mem•ers). Two boat docks, graded landing areas, and 24 parking spaces. I
If there are fees charged for the use of this project, please denote. How do these fees compare with fees from similar
public & private facilities in the area? Please provide documentation No fees.
Please list all Environmental Resource Permits required for this project:
Agency Yes/ No N/A Date Applied For
WMD
DEP (possibly)
ALOE
COUNTY /CITY
(pending grant)
Date Received
Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07)
Agenda - 2 -
Agenda -3-
ATTACHMENT E -4
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
STEP 1: All applicants will complete Attachment E -4 of the worksheet, which includes
questions 1 through 6. * *Do not answer with more than four sentences. **
STEP 2: Complete one and only one sub - Attachment (E -4 A, B, C, D or E, questions 7-
10) according to the applicant's project type.
All other sub - attachments that are not applicable to an applicant's project should not be
included in the submitted application.
APPLICATION TITLE: Banana River Park
APPLICANT• City of Cape Canaveral
1) PRIORITY LIST:
a) Denote the priority list category of this project from Attachment C in the application. (The
application may only be of one type based upon the predominant cost of the project elements.)
Category 12: Public waterfront parks with associated improvements.
b) Explain how the project fits this priority category.
The Park is the only River access for kayakers, etc., within the City limits and north Cocoa
Beach. This 5 acre Park situated along the Banana River Lagoon (with this project) will provide
access to kayaks, canoes, kite and paddle boards, and windsurfers for both City residents and
County with groups. Strong education benefits will result with information kiosks and volunteer
Lagoon monitoring programs.
(For reviewer only)
Max. Available Score
Range of Score (18 to points)
Agenda -4-
2) WATERWAY RELATIONSHIP:
a) Explain how the project directly relates to the ICW and the mission of the
Navigation District.
The proposed City project reflects improvements to a public waterfront Park, located
against the Banana River Lagoon. Improvements include launching and loading sites for
kayaks, canoes, kite and paddle boards, and windsurfers. Good access to the Lagoon
will be provided with strong education benefits.
b) What public access or navigational benefit to the ICW or adjoining waterway will result
from this project?
At present, most access to the Banana River Lagoon is from FOOT causeways. The
Space Coast Kayak Organization (for example) has over 400 members and are looking
for safe access to our Lagoon system. In addition, strong public access will be
necessary with strong increases from Port Canaveral's cruise developments, increased
City development of the Park along with waterside activities, and increased demand for
outdoor recreation. Also, the floating docks will aid in the protection of sea grasses.
(For reviewer only)
(1 -6 points)
3) PUBLIC USAGE & BENEFITS:
a) How is the public usage of this project clearly identified and quantified? Estimate the
amount of total public use.
A Master Plan has been developed by the City, with partial improvements already
constructed in the Park. This grant will allow additional waterside improvements for the
public. Public meetings were conducted to review the proposed improvements and citizen
support received.
b) Discuss the regional and local public benefits and neeess that will be provided by the
project.
This proposed project will significantly increase recreational access to the Lagoon
through kayak, canoe and windsurfing use. Increased knowledge about the Lagoon
system will be encouraged through kiosks, recreational programs, user groups, and City
informational programs.
c) Can residents from other counties of the District reasonably access and use the
project? Explain.
Many of the City's events at the Park will encourage public use from outside the County.
One such example is the annual Dragon Boat Races, held offshore from the Park, along
with increased bird watching along this Lagoon shoreline.
(For reviewer onh)
(1 -8 points)
2
Agenda -5-
4) TIMELINESS:
a) Describe current status of the project and present a reasonable and effective timeline
for the completion of the project consistent with Attachment E -8.
The project has a completed Master Plan and preliminary design work. Permt agencies
have been met with and some upland improvements such as parking lot and soccer field
have been constructed. The proposed project can be constructed within 12 months of
grant assistance.
b) Briefly explain any unique aspects of this project that could influence the project timeline.
Availability of materials such as coquina rock and the presence of manatees may impact
the project timeline; however, these are not expected.
(For reviewer only)
(1 -3 points)
5) COSTS & EFFICIENCY:
a) List funding sources and the status and amount of the corresponding funding that
will be utilized to complete this project.
Funding Source
Amount
Status
General Fund — City of Cape
$166,263
Funded
Canaveral
Florida Recreational
$188,270
Application pending
Development Assistance
Program (FRDAP) grant
Florida Inland Navigational
$72,128
Application pending
District (FIND) grant
b) Identify and describe any project costs that may be increased because of the materials
utilized or specific site conditions.
Inflation costs might increase some construction items 3 -4 %, but a contingency of 10% has been
established.
c) Describe any methods to be utilized to increase the cost efficiency of this project.
The use of City Staff labor and /or citizen volunteers to assist with the project.
d) If there are any fees associated with the use of this facility, please detail. In addition,
please provide a listing of the fees charged by similar facilities, public and private,
in the project area.
Nofees are being charged by the City for project use.
(For reviewer only)
(1 -6 points)
I
Agenda -6-
6) PROJECT VIABILITY:
a) What specific need in the community does this project fill? Is this project referenced or
incorporated in an existing maritime management, public assess or comp plan?
The project fills a strong need for safe Lagoon access, and is consistent with City Master
Plans, Visioning Statements, and input from resident workshops.
b) Clearly demonstrate how the project will continue to be maintained and funded after District
funding is completed.
As a City Park, maintenance will be performed by the City's Public Works Services from City
general funds.
c) Will the program result in significant and lasting benefits? Explain.
The recreational benefits provided by the paddling /windsurfing will also benefit all users. The
benefits of exercise and outdoor recreation improve both physical and mental health.
d) Please describe any environmental benefits associated with this project.
The education benefits by using this waterside facility will be very strong and long lasting.
Various kiosks will inform users on the Lagoon, and volunteer programs such as Lagoon
monitoring, fishing line removal, and nature programs will enforce the knowledge of the
Lagoon.
(For reviewer only)
(1 -7 points)
SUB -TOTAL
FIND FORM NO. 91 -25
Rule 66B -2 (Effective Date: 3- 21 -01, Revised 4- 24 -06, 1/2014)
11
Agenda -7-
ATTACHMENT E -4A
DEVELOPMENT & CONSTRUCTION PROJECTS
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A
DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET
MANAGEMENT OR BEACH RENOURISHMENT PROJECT.
7) PERMITTING:
a) Have all required environmental permits been applied for? If permits are NOT required,
explain why not.
Initial Park construction permits granted by SJRWMD. A minor permit modification is
anticipated. Informal discussions held with agency along with favorable public workshops
with residents and City Boards.
b) If the project is a Phase I project, list the tasks scheduled to obtain the necessary permits and
engineering work. Please provide a general cost estimate for the future Phase II work.
Preliminary engineering completed, permit modification will be reviewed with SJRWMD.
Design drawings will be finalized and then project constructed (all work within 12 months).
Construction costs for grant $144,255. Overall Park improvements costs - $426,661.
c) Detail any significant impediments that may have been identified that would potentially delay
the timely issuance of the required permits.
None anticipated. Manatees in area, but with kayaks /canoes /windsurfing /kite and paddle
boards, can provide educational benefits.
(For reviewer only)
(I -4 points)
Agenda -8-
8) PROJECT DESIGN:
a) Has the design work been completed? If this is a Phase I project, has a preliminary design
been developed?
Final designs pending grant support. Preliminary designs completed along with Master Plan.
b) Are there unique beneficial aspects to the proposed design that enhance public usage or
access, minimize environmental impacts, improve water quality or reduce costs?
Significant benefits will result from this project. Safe public access to the Banana River Lagoon
will be provided for kayak/canoe /windsurfing /kite and paddle boarding with educational kiosks,
and City educational programs provided. City volunteer groups will also be directed to support
the Lagoon through monitoring and clean up operations.
(For reviewer only)
(1 -2 points)
9) CONSTRUCTION TECHNIQUES:
a) Briefly explain the construction techniques to be utilized for this project. If a Phase 1,
elaborate on potential techniques.
The majority of the work can be performed using shoreline equipment and floating docks are
anticipated. Turbidity barriers will be used along with all regulatory procedures.
b) How are the utilized construction techniques appropriate for the project site?
Approved techniques for waterside improvements will follow agency permit requirements and
historic waterside improvements within the City over the last several years.
c) Identify any unusual construction techniques that may increase or decrease the costs of the
project.
No unusual construction is anticipated for this work.
(For reviewer only)
(1 -3 points)
R
Agenda -9-
10) CONSTRUCTION MATERIALS:
a) List the materials to be utilized for this project. What is the design life of the proposed
materials compared to other available materials?
Dock materials will be trex or aluminum, coquina rock for shoreline stabilization, and approved
sands. Life cycle use of the project is 20 to 40 years without major repairs. Trex (and possibly
other ABS plastic materials) may be used in dock and kiosk work. Materials are time tested for
marine environments and represent best value.
b) Identify any unique construction materials that may significantly alter the project costs.
Materials for this construction project reflect available materials in County for waterside work.
(For reviewer only)
(1 -3 points)
I'
(Note: The total maximum score possible is dependent upon the project priority category but cannot exceed
50 points unless the project qualifies as an emergency - related project. The minimum score possible is 10
points. A score of 35 points or more is required to be considered for funding.)
Form No. 91 -25A
Rule 66B -2 (Effective Date: 3- 21 -01, revised 4- 24 -06, 1/2014)
7
Agenda -7-
ATTACHMENT E -411
ENVIRONMENTAL EDUCATION PROJECTS
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN
ENVIRONMENTAL EDUCATION PROJECT
7) THOROUGHNESS:
a) Who is the primary target audience or user group for the project and how were they
identified?
The Space Coast Kayak Club (400+ members), Cape Canaveral residents, Wind Surfer
Associations, Brevard County residents, and those general public noted in Florida Recreational
Planning studies. Input was obtained from City Vision workshops (6 were held), Condominium
Association meetings, direct calls to City's Leisure Services department, and calling boat
vendors.
b) How have the needs of the target audience been evaluated and met?
A Master Plan for Banana River Park has been prepared by the City based on input from
groups identified above, preliminary designs have been prepared, and discussions with
Lagoon groups such as the Marine Resources Council.
c) How many people will the program serve on an annual basis? What will be the measurable
results?
Estimated public use to be determined upon project completion. The high potential needs will
be measured through regular Park observation, requested events through the City, and
volunteer observers in nearby condominiums.
(For reviewer only)
(1 -5 points)
Agenda -S-
Evil 1] D111 ►�/
all "H N DO
a) Describe the materials and project deliverables to be produced by this project.
Project deliverables will begin with construction drawings and permits. Within one year of
grant, landing and launch areas will be constructed. Materials include docks, coquina
rock, earthwork, kiosks, and other supportive project elements.
b) Is there a clear and effective plan of dissemination of the materials produced
through the project? Please describe.
Project to be publicly bid. Contractor draws will regulate materials and site costs. Work to
be regulated by the City.
(For reviewer only)
(1 -2 points)
@]7 D/:f'� D1.71 D1►`[�l DE:'It /l'Il_� w 111'[�7V Y'L /)►`k�
a) Please briefly describe the qualifications of the program administrator(s),including
prior experience, and areas of expertise.
The City of Cape Canaveral has been coordinating and supervising projects for nearly 50
years. The City has full staff capabilities including Public Works Services, Building
Department, Planning Department, and Leisure Services Staff. City Consulting Engineer
will manage this project. Engineer has over 40 years experience with waterside projects
in Florida.
b) What previous projects of this nature have been completed by the program manager?
Extensive waterside boardwalks in Lagoon, design and construction of Kennedy Point
Marina, several boat ramps, shoreline protection, pier retrofits, dredging canal projects,
lagoon plantings, and Port projects.
(For reviewer will)
(1 -2 points)
0
Agenda -9-
10) PROJECT GOALS:
a) What are the long -term goals of this project as it relates to the ICW?
Long term goals are to provide both recreational and educational benefits to large groups of people
within the Lagoon system.
Secondary benefits will include monitoring projects and volunteer programs to continue sustainability
of a healthy Lagoon system.
b) What is the expected duration/frequency of this program?
Use of the Park's proposed waterside facility will extend well past 50+ years life of facilities (before
repair).
(For reviewer only)
(1 -3 points)
I I
(Note: The total maximum score possible is dependent upon the project priority category but cannot exceed
50 points unless the project qualifies as an emergency - related project. The minimum score possible is 10
points. A score of 35 points or more is required to be considered for funding.)
Form No. 91 -25B
Rule 6613-2 (Effective Date: 3- 21 -01, Revised 4- 24 -06, 1/2014)
10
Agenda -7-
ATTACHMENT E -4C
LAW ENFORCEMENT & BOATING SAFETY PROJECTS
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW
ENFORCEMENT OR BOATING SAFETY PROJECT
7) VIABILITY:
c) Describe how project will address particular public health, safety, or welfare issues of the
Navigation District's Waterways.
The project will provide public health benefits through kayak, canoe, windsurfing, kite and
paddle boards, from a safe, public park area. The potential for educational benefits of this
project are very good through use of kiosks, volunteer programs to help monitor the Lagoon,
and educational tours. Exercise benefits from kayak, canoe, and windsurfing will be very
beneficial to public health.
d) Does the project provide significant benefits or enhancements to the District's Waterways?
Yes, a better understanding of the Lagoon system will result and the inclusion of volunteer
programs for monitoring the Lagoon system, and educational tours will build strong support for
this unique system.
(For reviewer only)
(1 -3 points)
11
Agenda -8-
8) EXPERIENCE & QUALIFICATIONS:
a) List the personnel tasked with the implementation of this project, their qualifications,
previous training and experience.
City project engineer, John A. Pekar, PE, with over 40 years of waterside projects in Florida.
Other professional staff including City Building Department, Public Works Services and
Leisure Services. Project to be bid with close contractor supervision.
b) Have the personnel participated in or received state marine law enforcement training?
Through the permit regulatory process, City team members are aware of various
requirements. Marine law enforcement will be by Brevard County Sheriffs Department, if
required.
(For reviewer only)
(1 -2 points)
G]TI] X111' ►i / �17� :� II �F.�
a) Describe the anticipated, long -term measurable results of implementing this project.
Once completed, this project will receive high use. The existing limited access points to the
Lagoon will direct a high percentage of kayaks, canoes, windsurfers, kite and paddle boards
to a safe launching and landing site.
b) What is the range or area of coverage for this project? Please provide a map of the coverage
area.
In general, the range of this project might be considered as the Banana River Lagoon
between the SR520 and SR528 causeways. See location map.
c) Does the project fulfill a particular community need?
Yes, this project developed in -part through City Vision workshops and long -term City resident
input. Also, supported by Florida Recreational State Planning.
For reviewer only)
(1 -4 points)
12
Agenda -9-
10) EDUCATION:
a) What are the educational benefits (if any) of this proposed project?
Education benefits are many. Project users will be exposed to educational kiosks, volunteer
programs that monitor the Lagoon, newsletters that report progress, website information, and
tours will all add to the understanding of the Lagoon system.
b) How does the project or program provide effective public boating education or expand
boater safety?
The most effective way to provide education is through hands on experience with continued
feedback on the results. The monitoring programs through volunteers, tour guided trips,
kiosks, and newsletters, will continue to enforce and educate users of the Lagoon.
(For reviewer only)
(I -3 points)
11 1
(Note: The total maximum score possible is dependent upon the project priority category but cannot exceed
50 points unless the project qualifies as an emergency - related project. The minimum score possible is 10
points. A score of 35 points or more is required to be considered for funding.)
Form No. 91 -25C
Rule 6613-2 (Effective Date: 3- 21 -01, revised 4- 24 -06, 1/2014)
13
N01 A1'PHC1' B1,I, Agenda -7-
ATTACHMENT E -41)
INLET MANAGEMENT and PUBLIC NAVIGATION PROJECTS
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN INLET
MANAGEMENT or PUBLIC NAVIGATION PROJECT
7) WATERWAY RELATIONSHIP:
a) How does the project directly benefit the Atlantic Intracoastal Waterway (AICW)?
b) Identify any long -term sedimentation problems and briefly discuss any methods or activities
that will address these issues.
c) Will the project inhibit sediment inflow into, or reduce the dredging frequency of the AICW?
(For reviewer only)
(1 -5 points)
14
Agenda -8-
8) PUBLIC ACCESS:
a) Will the project enhance public access to or from the waterways? Describe in brief detail.
b) List public accessessible facilities with improved access as a result of this project.
(For reviewer only)
(1 -3 points)
9) BENEFICIAL PROJECT ELEMENTS:
a) Are there additional economic benefits to be realized by implementing this project?
b) Briefly spell out any water quality, environmental or habitat benefits to be realized by this
project.
(For reviewer only)
(I -2 points)
15
Agenda -9-
10) PROJECT MAINTENANCE:
a) When was this area last dredged? What is the expected frequency of future dredging?
b) Explain the funding mechanism for the long -term maintenance of the project.
c) Describe the long -range dredge material management plans.
(For reviewer only)
(1 -2 points)
.7 �
�
1101
(Note: The total maximum score possible is dependent upon the project priority category but cannot exceed
50 points unless the project qualifies as an emergency - related project. The minimum score possible is 10
points. A score of 35 points or more is required to be considered for funding.)
Form No. 91 -25D
Rule 66B -2 (Effective Date: 3- 21 -01, Revised 4- 24 -06, 1/2014)
el
01 A I'11,ICA11 .,I` Agenda -7-
ATTACHMENT E -4E
BEACH RENOURISHMENT PROJECTS
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A BEACH
RENOURISHMENT PROJECT
7) WATERWAY RELATIONSHIP:
a) Describe how the District and other navigation interests will benefit from the implementation
of this project.
(For reviewer only)
(1 -4 points)
17
Agenda -8-
8) VIABILITY:
a) Is the project site defined as critically eroded area by a statewide beach management plan?
b) Cite the quantifiable rate of erosion in this area.
C) Is the project an important component of an overall beach management effort?
(For reviewer only)
(1 -4 points)
9) PUBLIC BENEFITS:
a) Are there quantifiable public benefits demonstrated by the project?
b) Is there adequate public access to the project area? Please describe location and amount.
(For renewer only)
(1 -2 points)
Agenda -9-
10) PROJECT FUNDING:
a) Describe any assistance funding from other sources.
b) Clarify the availability of long -term funding for this project.
(For reviewer only)
(1 -2 points)
e
(Note: The total maximum score possible is dependent upon the project priority category but cannot exceed
50 points unless the project qualifies as an emergency - related project. The minimum score possible is 10
points. A score of 35 points or more is required to be considered for funding.)
Form No. 91 -25E
Rule 66B -2 (Effective Date: 3- 21 -01, Revised 4- 24 -06, 1/2014)
19
�� 01 A 1) 1)) ,ICA131 1;
ATTACHMENT E -4F
EMERGENCY RE- CONSTRUCTION
WATERWAYS ASSISTANCE PROGRAM
APPLICATION AND EVALUATION WORKSHEET
THIS ATTACHMENT IS TO BE COMPLETED ONLY IF YOUR PROJECT IS A
WATERWAY PROJECT THAT WAS DAMAGED BY A NATURAL DISASTER AS
DECLARED BY A STATE OF EMERGENCY UNDER CHAPTER 252, FLORIDA
STATUTES.
11 (Extra) STORM DAMAGE EVALUATION:
a) List the State emergency declaration order or proclamation.
b) Is this project a previously funded FIND grant project?
c) Detail the other funding mechanisms and financial assistance that will be applied to defray
the reconstruction costs or damage repair.
(For revieiver only)
(0 -3 points)
Form No. 91 -25F
Rule 66B -2 (Effective Date: 2 -05, Revised 4- 24 -06, 1/2014)
ATTACHMENT E -5
LPIX1111WILITAN",
ASSISTANCE PROGRAM 2014
PROJECT COST ESTIMATE
(See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Banana River Park
APPLICANT: City of Cape Canaveral
Project Elements
Quantity or Total
Applicant's Cost
FIND Cost
(Please list the MAJOR project elements and
Estimated Cost
provide a general cost break out for each one.
(Number and/or Footage etc.)
For Phase I Projects, please list the major
elements and products expected)
Launching Area
Clearing (Upland)
$ 3,000
$ 1,500
$ 1,500
Grading
$ 2,200
$ 1,100
$ 1,100
Sand Sloping with Material
$ 2,500
$ 1,250
$ 1,250
Stabilize Setup Area
$ 1,000
$ 500
$ 500
Shoreline Stabilization (Coquina)
$ 5,500
$ 2,750
$ 2,750
Floating Canoe /Kayak Dock
$15,000
$ 7,500
$ 7,500
Landing Area
Clearing (Upland)
$ 4,500
$ 2,250
$ 2,250
Grading
$ 3,000
$ 1,500
$ 1,500
Sand Sloping with Material
$ 5,500
$ 2,750
$ 2,750
Shoreline Stabilization (Coquina)
$ 7,000
$ 3,500
$ 3,500
10% Contingency
$ 4,920
$ 2,460
$ 2,460
Subtotal
$54,120
$27,060
$27,060
Restrooms w /Utility Hookups (Partial Not
$67,750
$33,875
$33,875
Covered under FRDAP Grant)
Parking (Partial Not Covered under FRDAP
$22,385
$11,193
$11,192
Grant)
**TOTALS= $
Form No. 90 -25 (New 10/14/92, Revised 04- 24 -06)
144,255 $ 72,127 $ 72,128
282,4 0
4jiw 66 N
Agenda - 10 -
ATTACHMENT E -6
RESOLUTION FOR ASSISTANCE 2014
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
RESOLUTION NO. 2014 - 07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, RESOLUTION FOR
ASSISTANCE 2014 UNDER THE FLORIDA INLAND
NAVIGATION DISTRICT WATERWAYS ASSISTANCE
PROGRAM; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, The City of Cape Canaveral is interested in carrying out the following
described project for the enjoyment of the citizenry of Cape Canaveral; and the State of Florida.
Project Title: Banana River Park
Total Estimated Cost: $426,661 (FIND funding based on partial construction cost
of $144,255)
Brief Description of Project: Waterside park improvements including launching and
landing areas for canoes, kayaks, and wind surfers; safe access to the Banana River
Lagoon via docks, parking areas, pavilion/ restrooms, shade areas, putting green, bocce
courts and educational kiosk and other signage.
WHEREAS, Florida Inland Navigation District (FIND) financial assistance is required
for the program mentioned above,
WHEREAS, the City Council deems it is in the best interests of public health, safety,
and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT 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 fully
incorporated herein by this reference.
Section 2. That the project described above is authorized and Staff is directed to make
application to the Florida Inland Navigation District (FIND) in the amount of 34% of the actual
cost of the project on behalf of the City of Cape Canaveral.
Section 3. That the City of Cape Canaveral certifies to the following:
a. That it will accept the terms and conditions set forth in FIND Rule 66B -2
F.A.C. and which will be a part of the Project Agreement for any assistance
awarded under the attached program application.
b. That it is in complete accord with the attached proposal and that it will carry
out the Program in the manner described in the proposal and any plans and
City of Cape Canaveral, Florida
Resolution No. 2014 -07
Page 1 of 2
specifications attached hereto unless prior approval for change has been
received by the District.
c. That it has the ability and intention to finance its share of the cost of the
project and that the project will be operated and maintained at the expense of
the City for public use.
d. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed
pursuant to this proposal, and shall comply with the terms and intent of the
Title VI of the Civil Rights Act of 1964, P.L. 88- 352(1964) and design and
construct all facilities to comply fully with statutes relating to accessibility by
persons with disabilities as well as other federal, state and local laws, rules
and requirements.
e. That the City will maintain adequate financial records on the proposed project
to substantiate claims for reimbursement.
f. That the City will make available to FIND, if requested, a post -audit of
expenses incurred on the project prior to, or in conjunction with, request for
the final 10% of the funding agreement.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, words, or
portion of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this
18th day of March, 2014.
ATTEST:
Rocky Randels, Mayor
Angela Apperson, MMC,
City Clerk Name For Against
Approved as to form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral, Florida
Resolution No. 2014 -07
Page 2 of 2
E G a,
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
ATTACHMENT E -7
GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
February 28, 2014
FLORIDA INLAND NAVIGATION DISTRICT
ADMINISTRATIVE OFFICE
1314 MARCINSKI ROAD
JUPITER, FLORIDA 33477 -9427
ATTORNEYS CERTIFICATION OF TITLE 2014
(See Rule 66B- 1.006(4) FAC)
TO WHOM IT MAY CONCERN:
Anthony A. Garganese
Board Certified City, County & Local
Government
agarg=esegodandola w net
The undersigned is the City Attorney of Cape Canaveral. This letter is being issued on
behalf of the City of Cape Canaveral for the sole purpose of supporting the City's 2014
application for a grant from the Florida Inland Navigation District (FIND) Cooperative
Assistance Program to support funding a proposed Lagoon Kayak/Canoe Launch at
Banana River Park located within the City of Cape Canaveral, Florida.
On February 28, 2014, 1 examined the Brevard County Tax Collector's and Property
Appraiser's official websites and a Title Search Report which was prepared at my request
by Old Republic National Title Insurance Company, dated February 21, 2014 (ORT File No.
14013041 ) (See Attached Exhibit "A "), showing that the real property legally described
as :
A portion of Section 15, Township 24 South, Range 37 East, Brevard County,
Florida, more particularly described as follows:
Commence at a found pk nail and disk at the Southeast corner of said Section 15;
thence North 89 degrees 27 minutes 20 seconds Kest along the South line of said
Section 15, 3581.06 feet to a point on the West line of the East 3580.00 feet of said
Section 15; thence North 00 degrees 50 minutes 54 seconds West along said West
line, 1786.50 feet to a set 518 inch iron rod with cap (Deithorn lb 6445) on the North
line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public
Ft Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolawmet • Email: fimi@odandolaw.net
February 28, 2014
Page -2 -
Records ofBrevard County, Florida, the point of beginning; thence North 89 degrees
24 minutes 45 seconds West along said North line and its Westerly extension, 29.03
feet to a point on the mean water level of the Banana River, elevation 0.57 feet
National Geodetic Vertical Datum of 1929, in accordance with Florida Department
of Environmental Protection mean high water survey file thence the followingseven
(7) courses and distances along said mean water level:
1. North 17 degrees 24 minutes 25 seconds East, 9 7.5 7 feet;
2. North 08 degrees 55 minutes 33 seconds East, 70.73 feet;
3. North 02 degrees 14 minutes 02 seconds East, 144.69 feet;
4. North 03 degrees 54 minutes 24 seconds East, 183.53 feet;
5. North 04 degrees 56 minutes 14 seconds East, 146.06 feet;
6 North 05 degrees 50 minutes 27 seconds East, 113.96 feet;
7. North 00 degrees 08 minutes 51 seconds East, 150:69 feet to a point on the North
line of the South 2685.38 feet ofsaid Section 15; thence South 89 degrees 27 minutes
20 seconds East, along said North line, 7.83 feet to a set 518 inch iron rod with cap
(Deithorn Ib 6445); thence continue South 89 degrees 27 minutes 20 seconds East,
along said North line, 230.00 feet to a set 518 inch iron rod with cap (Deithorn Ib
6445) on the West line of the East 3323.00 feet of said Section 15; thence South 00
degrees 50 minutes 54 seconds East, along said West line, 899.87 feet to a set 518
inch iron rod with cap (Deithorn lb 6445) on the North line of said plat of Angel's
Isle, said point being North 89 degrees 24 minutes 45 seconds East West 204.31 feet
from a found 4 inch by 4 inch concrete monument at the Northeast corner of said
plat; thence North 89 degrees 24 minutes 45 seconds West along said North line,
257.08 feet to the point of beginning.
Together with an easement for ingress and egress described as follows:
A Strip of land being 50.00 feet in width lying to the right of as measured at right
angles to and parallel with the following described line being a portion of Section
15, Township 24 South, Range 37 East, Brevard County, Florida and being more
particularly described as follows:
Begin at the intersection of the East line of the plat ofAngel's Isle as recorded in Plat
Book 36 at page 77 of the Public Records ofBrevard County, Florida, and the North
line of Central Boulevard, a 100.00 foot right of way, as described in Official
Records Book 3057, at page 445 of the Public Records ofBrevard County, Florida;
thence North 00 degrees 50 minutes 54 seconds West, along the East line of said
plat, 100.03 feet to the Northeast corner of said plat; thence North 89 degrees 24
minutes 45 seconds West, along the North line of said plat, 204.31 feet to the West
line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes
February 28, 2014
Page -3 —
54 seconds West, along said West line, 899.87 feet to the point of termination of said
50. 00 foot strip of land.
Said 50.00 foot strip of land being bound on the South by the North line of said
Central Boulevard and on the North by the North line of the South 2685.38 feet of
said Section 15.
is owned by the City of Cape Canaveral as of the date of this letter. Finally, I have also
examined such other documents and records as necessary for this certification including,
but not limited to, a deed received by the City from the CEVESCO, INC., a Delaware
Corporation on February 25,1999 (ORB 3972, Page 0317) conveying fee simple interest of
the aforementioned legally described real property. (See Attached EXHIBIT "B. "). The
City has owned this property for approximately 15 years since the date of this deed
conveying the property.
This property is what is now called "Banana River Park."
The certification expressed herein is predicated upon present law (and interpretations
thereof), facts and circumstances, and we assume no affirmative obligation to update the
certification expressed herein if such laws (and interpretations thereof), facts or
circumstances change after the date hereof unless requested to do so in writing by the City
of Cape Canaveral.
Sinc ,
Anthony A. Garganese
City Attorney of Cape Canaveral
Cc: David Greene, City Manager
ORT FILE NO. 14013041
Old Republic National Title Insurance Company
2300 Maitland Center Parkway #140
Maitland, FL 32751
Fax No.: 407- 647 -1735
TITLE SEARCH REPORT
This title search has been compiled at the request of-
BROWN GARGANESE WEISS &
AGENT FILE #: 513 -001
D'AGRESTA PA
111 N. ORANGE AVENUE #2000
ORLANDO, FL 328022873
and is provided for review and examination by you or your staff for the sole purpose of preparing and issuing an Old
Republic National Title Insurance Company commitment or policy. Only the results of a search of the record title
are reflected herein.
After an examination and review of this search you must:
A. Request written authorization from Old Republic National Title Insurance Company to issue the
Commitment if the amount exceeds your Agency limits.
B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you find
necessary from your analysis of surveys, prior title evidence or other relevant aspects of the transaction.
C. Verify the status of corporation and limited partnerships with the appropriate governmental agency or
authorities.
D. Determine whether legal access exists.
E. Determine if any unpaid municipal taxes or assessments exists, which do not appear in the public records.
F. Determine whether any portion of the property is submerged, or a body of water, and whether riparian or
littoral rights exist.
G. Determine that the transaction to be closed is bona fide and arms- length and does not violate any lender's
instructions, underwriting guidelines or advice of this Company.
This Title Search is issued to the above name Agent in conjunction with an application for an Old Republic National
Title Insurance Company title insurance commitment and/or title insurance policy.
Date: February 21, 2014 _
lhtad Sim►
ISR
Page I of 1
ORT FILE NO. 14013041
TITLE SEARCH REPORT
Schedule A
AGENT FILE #: 313 -001
The following title search has been compiled from the Public Records of Brevard County, Florida through an
effective date of February 17, 2014 at 8:00 A.M..
1. Policy or Policies to be Issued:
(a) ALTA OWNER'S POLICY (06/17/06) Amount:
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
(b) ALTA LOAN POLICY (06/17/06) Amount:
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
2. The estate or interest in the land described or referred to in this Report is Fee Simple.
3. Last grantee of record for the period searched:
City of Cape Canaveral, a Municipal Corporation
4. Requested legal descriptions searched:
See Attached Legal Description
TSR Page 2 of 2
ORT FILE NO. 14013041
TITLE SEARCH REPORT
Schedule B - Section I
1 Deeds and Conveyances:
Quit Claim Deed recorded in O.R. Book 1134, Page 66.
Warranty Deed recorded in O.R. Book 3972, Page 317.
Re- recorded Warranty Deed recorded in O.R. Book 4017, Page 564.
2 Unsatisfied Encumbrances:
None
AGENT FILE #: 513401
A judgment search has been run on all parties in the chain of title covered by this report.
3 Unsatisfied Judgments/Liens:
None
4. Taxes and Assessments:
5 Miscellaneous Matters:
6. The following abstractor notes should also be reviewed before a commitment or policy is issued
TSR Page 3 of 3
ORT FILE NO. 14013041
SCHEDULE B - SECTION R
Schedule B- Section 2
AGENT FILE #: 513 -001
The following standard exceptions should be made a part of any Commitment, unless evidence is presented which
would eliminate the need for same:
I Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires
for value of record the estate or interest or mortgage thereon covered by this Commitment.
2 Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
3 Rights or claims of parties in possession.
4 Constriction, Mechanic's, Contractors' or Materiahnen's lien claims, if any, where no notice thereof appears of record.
5 Easements or claims of easements not shown by the public records.
6 Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands.
7 General or special taxes and assessments required to be paid in the year 2014 and subsequent years.
Easements, restrictions and other matters affecting title searched:
8. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port
authority, for unpaid service charges for services by any water systems, sewer systems or gas systems
serving the land described herein; and any lien for waste fees in favor of any county or municipality.
9. Covenants and Restrictions as set forth in the Grant Award Agreement attached to Warranty Deed recorded
in O.R. Book 3972, Page 317 and re- recorded in O.R. Book 4017, Page 564.
10. Riparian and littoral rights are not insured
11. Those portions of the property herein described being artificially filled in land in what was formerly
navigable waters, are subject to the right of the United States Government arising by reason of the United
States Government control over navigable waters in the interest of navigation and commerce.
12. This policy does not insure any portion of the insured parcel lying waterward of the mean -high water line of
Banana River.
TSK Page 4 of 4
ORT FILE NO. 14013041
REAL PROPERTY TAX INFORMATION
TAXES PAID THRU THE YEAR (S) 2013
TAX INFORMATION FOR THE YEAR 2013 AS FOLLOWS:
R.E.# 2437 -15 -00- 00504.0 -0000.00
TOTAL ASSESSED VALUE: $1,168,980.00
GROSS TAX AMOUNT: $164.51
DUE OR PAID ?: Paid
BACK TAXES ?: No
AGENT FILE #: 513 -001
TSR Page 5 of 5
ORT FILE NO. 14013041
EXHIBIT A
AGENT FILE #: 513 -001
A portion of Section I5, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described
as follows:
Commence at a found pk nail and disk at the Southeast corner of said Section 15; thence North 89 degrees 27
minutes 20 seconds West along the South line of said Section 15, 3581.06 feet to a point on the West line of the East
3580.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West along said West line, 1786.50
feet to a set 5/8 inch iron rod with cap (Deithorn lb 6445) on the North line of the plat of Angel's Isle as recorded in
Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, the point of beginning; thence North 89
degrees 24 minutes 45 seconds West along said North line and its Westerly extension, 29.03 feet to a point on the
mean water level of the Banana River, elevation 0.57 feet National Geodetic Vertical Datum of 1929, in accordance
with Florida Department of Environmental Protection mean high water survey file thence the following seven (7)
courses and distances along said mean water level:
1. North 17 degrees 24 minutes 25 seconds East, 97.57 feet;
2. North 08 degrees 55 minutes 33 seconds East, 70.73 feet;
3. North 02 degrees 14 minutes 02 seconds East, 144.69 feet;
4. North 03 degrees 54 minutes 24 seconds East, 183.53 feet;
5. North 04 degrees 56 minutes 14 seconds East, 146.06 feet;
6. North 05 degrees 50 minutes 27 seconds East, 113.96 feet;
7. North 00 degrees 08 minutes 51 seconds East, 150.69 feet to a point on the North line of the South 2685.38 feet of
said Section 15; thence South 89 degrees 27 minutes 20 seconds East, along said North line, 7.83 feet to a set 5/8
inch iron rod with cap (Deithom lb 6445); thence continue South 89 degrees 27 minutes 20 seconds East, along said
North line, 230.00 feet to a set 5/8 inch iron rod with cap (Deithom lb 6445) on the West line of the East 3323.00
feet of said Section 15; thence South 00 degrees 50 minutes 54 seconds East, along said West line, 899.87 feet to a
set 5/8 inch iron rod with cap (Deithom lb 6445) on the North line of said plat of Angel's Isle, said point being North
89 degrees 24 minutes 45 seconds East West 204.31 feet from a found 4 inch by 4 inch concrete monument at the
Northeast comer of said plat; thence North 89 degrees 24 minutes 45 seconds West along said North line, 257.08
feet to the point of beginning.
Together with an easement for ingress and egress described as follows:
A Strip of land being 50.00 feet in width lying to the right of as measured at right angles to and parallel with the
following described line being a portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida
and being more particularly described as follows:
Begin at the intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the
Public Records of Brevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as
described in Official Records Book 3057, at page 445 of the Public Records of Brevard County, Florida; thence
North 00 degrees 50 minutes 54 seconds West, along the East line of said plat, 100.03 feet to the Northeast comer of
said plat; thence North 89 degrees 24 minutes 45 seconds West, along the North line of said plat, 204.31 feet to the
West line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West, along
said West line, 899.87 feet to the point of termination of said 50.00 foot strip of land.
Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North
by the North line of the South 2685.38 feet of said Section 15.
TSg Page 6 of 6
TM Dr97ra1NIN T PREPAF
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P'q* W P&vW ldarwllea0ort No.
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WARRANTY DEED
1
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Sandy Crawford
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Deed: 5.600.00 Exdse:0.00
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THIS INDENTURE, made this 251D day of February, 1999, by CEVESCO, INC., a
Delaware Corporation, of the .County of Catawba In the State of North Carolina, hereinafter
called the Grantor, and the City of Cape Canaveral, a Municipal Corporation organized and
existing under the laws of the State of Florida, whose post office address Is Post Office Box 326,
Cape Canaveral, FL 32790-0328, hereinafter called the Grantee.
(Wlrrever mad Wei n the brow 'grantor' and "g<aoW h4drde all of me >ordoe to &k awalmaa and Inch hake, lmd
nprcunumva, mcce= r4 and anfgna- '0mW and •goatee• are wed for thwW awd pfd, as fir ear0Z rogW. rid daa wo of any
gender "I haol4da all grdra.)
WITNESSETH, that the Grantor, for and In consideration of the sum of Ten Dollars and
other good and valuable considerations, to said Grantor in hand paid by Grantee, the receipt of
which Is hereby acknowledged, has granted. bargained and sold to said Grantee, and Grantee's
successors and assigns forever, the following described land situate, lying and being In Breverd
County. State of Florida. to-wit
A portion of Section 15, Township 24 South , Range $7 East; Brevard County,
Florida, more particularly descn'bed as follows:
Commence at a found pk nail and disk at the Southeast comer of said Section
15; thence North 89 degrees 27 minutes 20 seconds West along the South Ina of
saki Section 15, 3681.06 feet to a point on the West One of the East 3580.00 feet
of said Section 15; thence North 000 50' 54' West along said West fine, 1786.50
feet to -a set,, inch Iron rod with cap (Deithom lb 6445) on the North fine of the
plat of Angels Isle as recorded in Plat Book 38 at page 77 of the Public Records
of Brevard County, Florida, the point of beginning; thence North WP 24' 45" West
along said North One and its Westerly extension, 29.03 feet to a point on the
mean waiter level of the Banana River, elevation 0.57 feet National Geodetic
Vertical Datum of 1929, in accordance with Florida Department of Environmental
Protection mean high water survey Me thence the following seven (7) courses
and distances along said mean water level:
1. N 170 24' 25' E. 97.57 feet;
2. N 080 55' 33" E. 70.73 feet;
3. N 020 14' 02' E. 144.69 feet;
4. N 030 54' 24' E. 183.53 feet;
5. N 040 56' 14" E, 146.06 feet;
6. N 050 50'27" E, 113.96 feet;
7. N 000 08' 51" E. 150.69 feet to a point on the North line of the
South 2685.38 feet of said Section 15; thence South 890 27' 20" East, along said
North One, 7.83 feet to a set 5/8 inch iron rod with cap (Deithom lb 6445); thence
continue South 890 27' 20" East, along said North line, 230.00 feet to a set 5/8
inch iron rod with cap (Delthom lb 6445) on the West One of the East 3323.00 feet
of said Section 15; thence South 000 50' 54' East, along said West line, 899.87
feet to a set 518 inch iron rod with cap (Deithom b 6445) on the North One of said
plat of Angel's Isle, said point being North 890 24' 45" East West, 204.31 feet from
a found 4 inch by 4 Inch concrete monument at the Northeast comer of said plat;
thence North 890 24' 45" West along said North roe, 257.08 feet to the point of
beginning. Containing 5.0135 acres more or less East of said mean water line.
Together with an easement for Ingress and egress described as follows:
EXHIBIT
Section 15. Township 24 South, Range 37 East, Bravard County, Florida and
being more particularly described as follows:
Begin at the intersection of the East One of the plat of Angel's Isle as
recorded In Plat Book 36 at page 77 or the Public Records of Brevard County,
Florida, and the North One or Central Boulevard, a 100.00 foot right of way, as
described In Official Records Book 3057 at page 445 of the Public Records of
Brevard County, Florida; thence North 00° 50' 54" West, along the East One of
said plat, 100.03 feet to the Northeast comer of said plat; thence North 89° 24,
45" West, along the North line of said plat, 204.31 feet to the West One of the East
3323.00 feet of said Section 15; thence North 00° W SC West, along said West
line, 899.87 feet to the point of termination of said 50.00 foot strip of Land.
Said 50.00 foot strip of land being bound on the South by the North line of
said Central Boulevard and on the North by the North One of the South 2685.38
feet of sold Section 15.
By acceptance of this Warranty Deed, Grantee herein hereby agrees that the use of the
Property described herein shall be sLd*d to the covenants and restrictions as set forth In the
Grant Award Agreement attached hereto as Exhibit "A". These covenant and restrictions shall
nm with the Property herein described. If any of the covenants and restrictions of the Grant
Award Agreement are violated by the Grantee or by some third party with the knowledge of the
Grantee, fee simple tide to the Property described herein shall be conveyed to the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with the
Grant Award Agreement without further notice to Grantee, Its successors and assigns, and
Grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property
described herein.
PropertyAppralsees Parcel Identification Number. 24- 37 -15 -00 -'eta
This conveyance Is subject to easements, restrictions, WnItation and conditions of
record if any now exist, but any such interests that may have been terminated are not hereby
re- imposed.
This property is not the homestead property of the Grantor, not contiguous to homestead
property, as such homestead is defined under Florida law.
AND the said Grantor does hereby fully warrant the We to said land, and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal, the day
and year first above written.
Signed, sealed and delivered
In the presence of:
CEVESCO, INC.
By:
U- a:6� -
PRi NAME: m aS
NAME: ,Tea.. -r Q Ma Z'w>4t�•
{
UNIONS
cVK- 4 3972 ! 0318
� sookrraoe-
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
CFXIKK W4
OR eoowa.ps: 3972 / 0319
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to administer oaths and take admowledgrnents, C. Hunt Shuford. Jr., President of
Cevesco, Inc., known to me to be the person described in and who executed the foregoing
instnunent, who acknowledged before me that he executed the same, and an oath was not
taken. Atilant Is personaly known to me or produced a drivWs Iloense Issued within the past
five years as identification.
WITNESS my
day of January, 1899.
Ian ' seal at the state and county fast aforesaid, this 4;
GES R0
Notary Public, State cj North Carolina
Printed Notary Signature: jcro,, &,4W 1QC -15d%�
W Commission expires: '1� a o
ATTACHMENT E -8
WATERWAYS ASSISTANCE PROGRAM 2014
PROJECT TIMELINE
Project Title: Banana River Park
Applicant: City of Cape Canaveral
The applicant is to present a detailed timeline on the accomplishment of the components of the
proposed project including, as applicable, completion dates for: permitting, design, bidding,
applicant approvals, initiation of construction and completion of construction.
NOTE: All funded activities must begin AFTER October V
(or be consistent with Rule 66B- 2.005(3) - Pre - agreement expenses)
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4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 6
ATERSIDE FACILITIES
-ant Award
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APPLICAT10N
St. Johns River
Water Management District
S. Green Ill. Orem • DrM W. Fisk. Asslstent Exemilve Director
4049 Reid Street • P.O. Box 1429 a Palatka, FL 32178 -1429 a (386) 329.4500
On the Internet at floridaswatercom.
REGULATION OF STORMWATER MANAGEMENT SYSTEMS
CHAPTER 40C -42, F.A.C.
PERMIT NO. 42- 009 - 125509 -1 DATE ISSUED: February 2. 2011
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by Retention and
Wet Detention for Banana River Park, and Manatee Park, a16.63- acre project to be constructed
as per plans received by the District on January 26, 2011 for Manatee Park, and January 31, 2011
for Banana River Park.
LOCATION:
SECTION(S): 15,23
Brevard County
ISSUED TO:
City of Cape Canaveral
105 Polk Ave
PO Box 326
Cape Canaveral, FL 32920
TOWNSHIP(S): 24S RANGE(S): 37E
This document shall serve as the formal permit for construction and operation of stormwater
management system in accordance with Chapter 40C -42, F.A.C., issued by the staff of the St.
Johns River Water Management District on February 2, 2011. This permit is subject to the
standard limiting conditions and other special conditions approved by the staff. These conditions
are enclosed.
This permit is a legal document and should be kept with your other important records. The permit
requires the submittal of an As -built certification and may require submittal of other documents.
All information provided in compliance with permit conditions should be submitted to the District
office from which the permit was issued. An As -built certification form is attached. Complete this
form within 30 days of completion of construction of the permitted system, including all site work.
- -- - -- Upon- receipt-of- the -As- built - certification, staff will inspect- the - project - site. - -Once- the - project -is -- -- -- - -- -- -- -
found to be in compliance with all permit requirements, the permit may be converted to its
operation phase and responsibility transferred to the operation and maintenance entity in
accordance with Chapter 40C- 42.028, F.A.C.
Permit issuance does not relieve you from the responsibility for obtaining permits from any
federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please note
that if dewatering is to occur during any phase of construction or thereafter and the surface water
GOVERNING
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pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or
more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be
off -site, you must apply for and obtain a Consumptive Use Permit (40C -2) from the District prior to
starting the dewatering. Please contact the District if you need additional information or
application materials.
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from permit
issuance. Said application, including all plans and specifications attached thereto, is by reference
made a part thereof.
This permit does not convey to permittee any property rights nor any rights of privileges other than
those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed by
permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified, or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
In the event you sell your property, the permit will be transferred to the new owner, if we are
notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a
valid permit for the new property owner.
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us.
lqz�4_
John Juillanna, Service Center Director - Palm Bay
Department of Environmental Resource Permitting
Enclosures: As -built Certification Form
Exhibit A
cc: District Permit File
Agent: John A Pekar PE
8680 N Atlantic Ave
Cape Canaveral, FL 32920
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42- 009 - 125509 -1
City of Cape Canaveral
DATED FEBRUARY 2, 2011
1. All activities shall be Implemented as set forth in the plans, specifications and performance
criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications, shall be kept at the work site of the permitted activity. The complete permit
shall be available for review at the work site upon request by District staff. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.
3.Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4. Prior to and during construction, the permittee shall implement and maintain all erosion and
sediment control measures (best management practices) required to retain sediment on -site
and to prevent violations of state water quality standards. All practices must be in
accordance with the guidelines and specifications in chapter 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water Management (Florida Department
of Environmental Regulation 1988), which are Incorporated by reference, unless a project
specific erosion and sediment control plan is approved as part of the permit, in which case
the practices must be in accordance with the plan. If site specific conditions require
additional measures during any phase of construction or operation to prevent erosion or
control sediment, beyond those specified in the erosion and sediment control plan, the
permittee shall implement additional best management practices as necessary, in
accordance with the specifications in chapter 6 of the Florida Land Development Manual: A
Guide to Sound Land and Water Management (Florida Department of Environmental
Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily or
permanently ceased, but in no case more than 7 days after the construction activity in that
portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee
shall submit to the District a Construction Commencement Notice Form No. 40C- 4.900(3)
indicating the actual start date and the expected completion date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C- 4.900(4). These forms shall be submitted during June of each year.
8. For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary to
operate or maintain the system, such easement or deed restriction, together with any other
final operation or maintenance documents as are required by subsections 7.1.1 through
7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be
submitted to the District for approval. Documents meeting the requirements set forth in
these subsections of the Applicant's Handbook will be approved. Deed restrictions,
easements and other operation and maintenance documents which require recordation
either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to
lot or unit sales within the project served by the system, or upon completion of construction of
the system, whichever occurs first. For those systems which are proposed to be maintained
by county or municipal entities, final operation and maintenance documents must be
received by the District when maintenance and operation of the system is accepted by the
local governmental entity. Failure to submit the appropriate final documents referenced in
this paragraph will result in the permittee remaining liable for carrying out maintenance and
operation of the permitted system.
9. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the
permitted use of site infrastructure located within the area served by the portion or phase of
the system. Each phase or independent portion of the system must be completed in
accordance with the permitted plans and permit conditions prior to transfer of responsibility
for operation and maintenance of that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized by law, utilizing As Built Certification Form 40C- 1.181(13) or 40C- 1.181(14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies of
as -built drawings submitted to the District. Submittal of the completed form shall serve to
notify the District that the system is ready for inspection. The statement of completion and
certification shall be based on on -site observation of construction (conducted by the
registered professional engineer, or other appropriate individual as authorized by law, or
under his or her direct supervision) or review of as -built drawings for the purpose of
determining if the work was completed in compliance with approved plans and
specifications. As -built drawings shall be the permitted drawings revised to reflect any
changes made during construction. Both the original and any revised specifications must be
clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. All
surveyed dimensions and elevations shall be certified by a registered surveyor. The
following information, at a minimum, shall be verified on the as -built drawings:
1. Dimensions and elevations of all discharge structures including all weirs, slots,
gates, pumps, pipes, and oil and grease skimmers;
2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems
- including cteanouts;"pipes; connections -to conTrol- structures; -an points of sc arge
to the receiving waters;
3. Dimensions, elevations, contours, or cross - sections of all treatment storage areas
sufficient to determine state - storage relationships of the storage area and the
permanent pool depth and volume below the control elevation for normally wet
systems, when appropriate;
4. Dimensions, elevations, contours, final grades, or cross - sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross - sections of all conveyance
systems utilized to convey off -site runoff around the system;
6. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the survey.
11. The operation phase of this permit shall not become effective until the permittee has
submitted the appropriate As -Built Certification Form, the District determines the system to
be in compliance with the permitted plans, and the entity approved by the District in
accordance with subsections 7. 1.1 through 7.1.4 of the Applicant's Handbook: Management
and Storage of Surface Waters, accepts responsibility for operation and maintenance of the
system. The permit may not be transferred to such an approved operation and maintenance
entity until the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District, the permittee shall request transfer of the
permit to the responsible approved operation and maintenance entity, if different from the
permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's
Handbook: Management and Storage of Surface Waters, the permittee shall be liable for
compliance with the terms of the permit.
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so that a
determination can be made whether a permit modification is required.
13. This permit does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other
than those specified in the permit and chapter 40C -4 or chapter 40C -40, F.A.C.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or
liabilities which may arise by reason of the activities authorized by the permit or any use of
the permitted system.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under rule 40C- 1.1006, F.A.C., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the permitted system or the real property at which
the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of rule 40C- 1.612, F.A.C. The permittee transferring the permit
shall remain liable for any corrective actions that may be required as a result of any permit
violations prior to such sale, conveyance or other transfer.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification
shall have permission to enter, inspect, sample and test the system to insure conformity with
the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the District.
19. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
20. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily or
permanently ceased, but in no case more than seven (7) days before the construction
activity in that portion of the site has temporarily or permanently ceased.
21. The stormwater management system must be completed in accordance with the permitted
plans and permit conditions prior to the initiation of the permitted use of site infrastructure.
The system must be completed in accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and maintenance of the stormwater
management system to a local government or other responsible entity.
22. The operation and maintenance entity shall inspect the stormwater or surface water
management system once within two years after the completion of construction and every
two years thereafter to determine if the system is functioning as designed and permitted.
The operation and maintenance entity must maintain a record of each required inspection,
including the date of the inspection, the name, address, and telephone number of the
inspector, and whether the system was functioning as designed and permitted, and make
such record available for inspection upon request by the District during normal business
hours. If at any time the system is not functioning as designed and permitted, then within 14
days the entity shall submit an Exceptions Report to the District, on form number
40C- 42.900(6), Exceptions Report for Stormwater Management Systems Out of
Compliance.
23. The project must be constructed and operated in accordance with the plans received by the
District on January 26, 2011 for Manatee Park, and January 31, 2011 for Banana River Park.
24. This permit does not authorize work within shoreline wetlands or the surface waters of the
Banana River.
Notice Of Rights
1. A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water
Management District (District). Pursuant to Chapter 28 -106 and Rule 40C- 1.1007, Florida
Administrative Code, the petition must be filed (received) either by delivery at the office of
the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida 32178 -1429
(4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk(@-sirwmd.com. within twenty -six (26) days of the District depositing the notice of
intended District decision in the mail (for those persons to whom the District mails actual
notice), within twenty -one (21) days of the District emailing the notice of Intended District
decision (for those persons to whom the District emails actual notice), or within twenty -one
(21) days of newspaper publication of the notice of intended District decision (for those
persons to whom the District does not mail or email actual notice). A petition must comply
with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28 -106,
Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as
explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida
Statutes, Is not available.
2. If the District takes action that substantially differs from the notice of intended District
decision, a person whose substantial interests are or may be affected has the right to
request an administrative hearing by filing a written petition with the District, but this request
for administrative hearing shall only address the substantial deviation. Pursuant to Chapter
28 -106 and Rule 40C- 1.1007, Florida Administrative Code, the petition must be filed
(received) at the office of the District Clerk at the mail /street address or email address
described in paragraph no. 1 above, within twenty -six (26) days of the District depositing
notice of final District decision in the mail (for those persons to whom the District mails
actual notice), within twenty -one (21) days of the District emailing the notice of final District
decision (for those persons to whom the District emails actual notice), or within twenty -one
(21) days of newspaper publication of the notice of final District decision (for those persons
to whom the District does not mail or email actual notice). A petition must comply with
Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28 -106, Florida
Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not
available.
3. A person whose substantial interests are or may be affected has the right to a formal
administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes,
where there is a dispute between the District and the party regarding an issue of material
fact. A petition for formal hearing must also comply with the requirements set forth in Rule
28- 106.201, Florida Administrative Code.
4. A person whose substantial interests are or may be affected has the right to an informal
administrative hearing pursuant to Sections 1-2- 0.569 and 120.57(2), Florida Statutes,
where no material facts are in dispute. A petition for an informal hearing must also comply
with the requirements set forth in Rule 28- 106.301, Florida Administrative Code.
Notice Of Rights
5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition
by the District Clerk at the District Headquarters in Palatka, Florida during the District's
regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m.,
excluding weekends and District holidays. Petitions received by the District Clerk after the
District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next
regular business day. The District's acceptance of petitions filed by e-mail is subject to
certain conditions set forth in the District's Statement of Agency Organization and
Operation (issued pursuant to Rule 28- 101.001, Florida Administrative Code), which is
available for viewing at floridaswater.com. These conditions include, but are not limited to,
the petition being in the form of a PDF or TIFF file and being capable of being stored and
printed by the District. Further, pursuant to the District's Statement of Agency Organization
and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute
filing.
6. Failure to file a petition for an administrative hearing within the requisite time frame shall
constitute a waiver of the right to an administrative hearing. (Rule 28- 106.111, Florida
Administrative Code).
7. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, Chapter 28 -106, Florida Administrative Code,
and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means the
District's final action may be different from the position taken by it in this notice. A person
whose substantial interests are or may be affected by the District's final action has the right
to become a party to the proceeding, in accordance with the requirements set forth above.
8. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District
who is adversely affected by final District action may seek review of the action in the District
Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida
Rules of Appellate Procedure, within 30 days of the rendering of the final District action.
9. A District action is considered rendered, as referred to in paragraph no. 8 above, after it is
signed on behalf of the District, and is filed by the District Clerk.
10. Failure to observe the relevant time frames for filing a petition for judicial review as
described in paragraph no. 8 above will result in waiver of that right to review.
NOR. DOC.001
Revised 7/27/09
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by
U.S. Mail to:
City of Cape Canaveral
105 Polk Ave
PO Box 326
Cape Canaveral, FL 32920
At 4:00 p.m. this 2nd day of February, 2011.
7X LIZ�
Division of Regulatory Information Management
Margaret Daniels, Acting Director
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178 -1429
(386) 329 -4570
Permit Number: 42 -009- 125509 -1
OTHER SUPPORTING DOCUMENTATION
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No. 7
Subject: Resolution No. 2014 -08; officially naming a previously unnamed private
access "Praetorius Lane ", located within the City of Cape Canaveral and more
particularly depicted on Exhibit "A" attached hereto; requesting the Board of County
Commissioners of Brevard County, Florida, to place the named private access on its
official maps of record; providing for recordation; repeal of prior inconsistent
Resolutions; severability and an effective date.
Department: Community and Economic Development
Summary: The City Council has been requested to officially name one (1) private
access, more particularly depicted on Exhibit "A" attached hereto.
The name of "Praetorius Lane" has been approved by Brevard County Address
Assignment. It is in the best interests of the public health, safety and welfare of the
citizens of Cape Canaveral to officially name this private access to improve the location
identification for E911 purposes.
By naming this private access, the City of Cape Canaveral accepts no maintenance
responsibilities for said private access. It shall be the property owners' responsibility to
place the appropriate street sign(s) and keep said private access clear and accessible
for emergency vehicles.
Submitting Director: Todd Morley? Z Date: 2/28/14
Attachment: Resolution No. 2014-68
Financial Impact: Cost of Resolution /agenda item preparation and recording fees.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun it ke the following action:
Adopt Resolution No. 2014 -08.
Approved by City Manager: David L. Greene Date: !
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
1' YI) It Y U17:i►rOKIIE,lsl t3
WHEREAS, the City Council of the City of Cape Canaveral, Florida has been requested
to officially name one (1) private access, more particularly depicted on Exhibit "A", attached
hereto; and
WHEREAS, the name "Praetorius Lane" has been approved by Brevard County for
assignment; and
WHEREAS, the City Council deems it to be in the best interests of public health, safety,
and welfare of the citizens of Cape Canaveral to officially name this private access to improve
location identification for E91 l purposes.
NOR', THEREFORE, BE IT 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 fully
incorporated herein by this reference and are deemed a material part of this Resolution.
Section 2. Naming of Private Access. The City Council of the City of Cape Canaveral hereby
officially names and assigns the name "Praetorius Lane" to the private access depicted on
Exhibit "A ", attached hereto and fully incorporated herein by this reference. By naming this
private access, the City of Cape Canaveral accepts no maintenance responsibilities for said
private access. It shall be the property owner's responsibility to place the appropriate street signs
and keep said private access clear and accessible for emergency vehicles.
Section 3. Official Brevard County Maps. The City Clerk is hereby directed to request the
Board of County Commissioners of Brevard County, Florida, to place this newly named private
access on the official maps of record.
Section 4. Recordation. Upon its approval and execution, the City Clerk is hereby directed to
promptly record this Resolution in the Public Records of Brevard County, Florida
City of Cape Canaveral, Florida
Resolution No.
Page 1 of 2
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts • resolutions
in con herewith are hereby repealed to the extent of the conflict.
Modn 416*111 J. 1 • I W11
gg
_ _ ;: I&I
M, * - ,
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
DONE AND ADOPTED in a regular meeting of the City Council of the City of Cape
Canaveral, Florida, this _ day of .2014.
Anthony A. GAT e, City Attorney
City of Cape Canaveral, Florida
Resolution No.
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No. g
Subject: Resolution No. 2014 -09; supporting the First Responders Program and urging
the Brevard County Board of County Commissioners to continue supporting and
participating in the funding of the collaborative effort between Brevard County
Municipalities and Brevard County Government to provide the highest level of
Emergency Medical Services ( "EMS ") to Municipal and County residents; providing an
effective date, and providing for adoption.
Department: Administrative Services
Summary: The City contracts with Cape Canaveral Volunteer Fire Department
(CCVFD), D /B /A Canaveral Fire Rescue to provide Emergency Services which includes:
Firefighting, Emergency Medical Services and Advanced Life Support ( "ALS ") Services.
Canaveral Fire Rescue responds to calls for service and provides treatment of
individuals, which requires the use of many incidental and /or disposable items such as
band -aids, gauze, needles, tubing, masks, gloves, etc.; as well as medications and
other lifesaving treatment.
Although Ad Valorem Taxes pay for the services provided by Canaveral Fire Rescue,
individuals transported to a medical facility are billed by Brevard County not only for the
use of the ambulance /personnel, but any medications administered and
incidental /disposable items used.
In 1999, the Board of County Commissioners created the First Responder Program to
provide funding to municipalities to assist with the training of competent paramedics,
provide reimbursement for medications and other lifesaving treatments. $23,721.47 has
been received by CCVFD for each of the last three years. However, the five year
average is $27,035.86. CCVFD is expected to receive $50,231.44 for FY 13/14.
The Board of County Commissioners has notified municipalities that this funding will
end on October 1, 2014. The loss of this funding could cause the City to increase Ad
Valorem rates.
Resolution 2014 -09 urges Brevard County Board of County Commissioners to continue
supporting and participating in the Funding of the collaborative efforts to provide the
highest level of Emergency Medical Services to residents and visitors. The Space
Coast League of Cities (SCLOC) will consider a similar Resolution at their March 10,
2014 meeting and has requested Brevard County Municipalities proceed in similar
fashion.
Submitting Department Director: Angela Apperson b1h Date: 3/11/2014
Attachment: Resolution No. 2014 -09
City Council Meeting Date: 3/18/2014
Item No.
Page 2 of 2
Financial Impact: The loss to CCVFD of at least $23,721.47 per year; preparation cost
of the Resolution and agenda item. ,
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Councd6ke the followin'
Adopt Resolution No. 2014 -09.
Approved by City Manager: David L. Greenec97s'L Date:
City Council Action: [ ] Approved as Recommended [ ]
[ ] Approved with Modifications
Tabled to Time Certain
action:
I/ lif
pproved
RESOLUTION NO. 2014 -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
MAKING FINDINGS; SUPPORTING THE FIRST
RESPONDERS PROGRAM AND URGING THE BREVARD
COUNTY BOARD OF COUNTY COMMISSONERS TO
CONTINUE SUPPORTING AND PARTICIPATING IN THE
FUNDING OF THE COLLABORATIVE EFFORT BETWEEN
BREVARD COUNTY MUNICIPALITIES AND BREVARD
COUNTY GOVERNMENT TO PROVIDE THE HIGHEST
LEVEL OF EMERGENCY MEDICAL SERVICES ( "EMS ")
TO MUNICIPAL AND COUNTY RESIDENTS; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR
ADOPTION.
WHEREAS, Brevard County Ordinance No. 95 -54 identifies the value of the
Emergency Medical Service ( "EMS ") system and how it saves lives, reduces disability
and is essential to the health and well being of the citizens of Brevard County; and
WHEREAS, in 1996 the Board of County Commissioners and the EMS providers
in Brevard County requested that a State of Florida EMS Peer Review Team write a
five -year plan for improvement of these services to all citizens of Brevard County; and
WHEREAS, the State of Florida EMS Peer Review Team concluded that the
County should consider funding to assist municipalities in increasing their level of EMS
care and funding to help maintain that enhanced level of first response medical service.
WHEREAS, the Space Coast Mangers Association, the Space Coast Fire Chiefs
Association, Brevard County, and the Space Coast League of Cities created an EMS
Task Force to determine the best collaborate approach to improve EMS delivery in
Brevard County; and
WHEREAS, the Board of County Commissioners created the First Responder
Program to provide funding as recommended by the State of Florida EMS Peer Review
Team; and
WHEREAS, municipalities that provide career -based fire services now provide
Advanced Life Support ( "ALS ") first responder services with response times on an
average of four minutes; and
WHEREAS, these municpalities incur significant cost to purchase equipment,
train competent paramedics, provide medications and other lifesaving treatment; and
WHEREAS, Brevard County currently transports and invoices the patients for
these services provided by the municipalities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cape Canaveral., does hereby urge the Brevard County Commission to continue
supporting the First Responder Program in a collaborative effort to provide the highest
level of Emergency Medical Services, and provide for a fair and proper distribution of
revenues received for services provided.
ADOPTED at a Regular Meeting of the City Council of the City of Cape
Canaveral, Florida, assembled this day of , 2014.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
P"
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/18/2014
Item No.
Subject: Resolution No. 2014 -10; opposing Senate Bill 1070 and House Bill 947 filed in
the 2014 Legislative Session regarding fuel terminals; specifically urging the Florida
Legislature to preserve local government comprehensive planning and zoning power to
regulate the use of land by fuel terminals within local communities; providing for the
repeal of prior inconsistent Resolutions; severability; and an effective date.
Department: Community and Economic Development
Summary: Fuel terminal facilities in the State of Florida are a critical component of the
State's fuel storage and distribution infrastructure. There are currently forty -two such
facilities in the State of Florida. The City of Cape Canaveral currently has a terminal
within its corporate limits. This facility is classified as a non - conforming use as it is not
permitted within the M -1 zoning district. Therefore, it cannot be enlarged or altered in
any way.
The Florida Legislature is considering a bill that would preempt local government
comprehensive plans, land use maps, zoning standards, and land development
regulations by declaring fuel terminals existing as of July 1, 2014, a permitted and
allowable use in any land use or zoning category.
The bill being considered would allow existing fuel terminals to expand within the
physical boundary of the parcel upon which it is located regardless of the land use
designation of the parcel unless the expansion is into land designated as preservation,
conservation, or historic preservation on a local government's future land use map.
Local governments may adopt and enforce reasonable land development regulations for
the expanded portion of the fuel terminal only. Such regulations may address only
setback, landscaping, buffering, screening, lighting, or other aesthetic compatibility -
based standards.
Therefore, Resolution No. 2014 -10 is proposed to urge the Florida Legislature to
preserve the ability of local government to enact and enforce local zoning laws related
to fuel terminals to preserve and protect the quality of life and property interests of its
residents and property owners.
Submitting Director: Todd Morley /& / /fir Date: 03/11/2014
Attachments: Proposed Bill; Resolution No. 2014 -10.
Financial Impact: Staff time to prepare Agenda Item.
Reviewed by Finance Director: John DeLeo ' 9/ Date: 3,11
City Council eeting Date: 2/18/2014
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Resolution 2014 -10.
Approved by City Manager: David L. Greene 1 Date: 3/1) /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
on,
"Foriff"t Im
no 00M RO]
F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
27
28
29
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31
32
33
34
35
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HB 947 2014
-(1) It is the intent of the Legislature to maintain,-
encourage, and ensure adequate and reliable fuel terminal
infrastructure in this state. Fuel terminals are a critical
infrastructure be constructed and maintained in various
locations in order to ensure the efficient and reliable
3. Diesel fuel as defined in s. 206.86.
4. Gas as defined in s. 206.9925.
5. Motor fuel as defined in s. 206.01.
6.
Natural
gas fuel as
defined in s. 206.9951.
7.
Oil as
defined in s.
206.9925.
8.
Petroleum
fuel as
defined in s.
525.01.
9.
Petroleum
product
as defined in
s. 206.9925.
-(b)
"Fuel terminal"
means a storage and distribution
facility
for fuel,
supplied
by pipeline
or marine vessel, which
has the
capacity to
receive
and store a
bulk transfer of fuel,
is equipped
with a
loading
rack through
which fuel is physically
Emm
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F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
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F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
W,
17-1worol M,
105
L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2014.
2014
Florida Senate - 2014
Bill No. SB 1070
III 111 654904
LEGISLATIVE ACTION
9
development regulations for the
expanded portion
of the fuel
10
terminal only. Such regulations
may address only
setback,
Page 1 of 2
3/10/2014 4:46:05 PM 578- 02335A -14
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Florida Senate - 2014
Bill No. SB 1070
landscaping, buffering, screening, lighting, or other aesthetic
compatibility-based standards. Vegetated buffers or screening
may not be required to have a mature height in excess of 14
feet.
T I T L E A M E N D M E N T
And the title is amended as follows:
3/10/2014 4:46:05 PM
Page 2 of 2
WHEREAS, local comprehensive planning and zoning have a tremendous impact on the
quality of life and property interests of all Floridians; and
WHEREAS, for almost a century, municipalities around the country (including within
Florida) have exercised police powers to adopt comprehensive zoning regulations to protect the
public health, safety, morals and general welfare of local communities. See ems.., Building Zone
Ordinance, City of New York (1916); Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and
WHEREAS, in Florida, municipalities are also required to adopt comprehensive plans
for purposes of guiding and accomplishing coordinated, compatible, and harmonious land
development and providing efficient and effective local services that will promote the general
welfare for a particular local community. See §163.3164 et. seq. (Community Planning Act);
and
WHEREAS, in exercising its zoning and comprehensive plan powers, a municipality
must inherently and frequently consider many factors and land use issues that are peculiar to the
municipality's jurisdiction and a municipality must remain flexible to alternative approaches in
order to craft effective and innovative solutions to very specific local land use and service
concerns; and
WHEREAS, from the City of Cape Canaveral's experience and perspective,
comprehensive planning and zoning is not an "all -or- nothing" approach when it comes to
regulating the use of land and that promoting compatible land uses and addressing land use
conflicts within a particular jurisdiction requires municipalities to adopt and implement different
and sometimes unique solutions; and
WHEREAS, in reality, the City of Cape Canaveral has found that every city is different
and what works for one city may not work for another city when it comes to promoting and
preserving land use compatibility, balancing competing local interests, and providing municipal
services for the betterment of the entire community; and
City of Cape Canaveral
Resolution No. 2014 -10
Page 1 of 3
WHEREAS, City Council also recognizes, however, that it is essential that fuel terminal
infrastructure be considered and maintained in various locations in order to ensure the efficient
and reliable transportation and delivery of an adequate supply of fuel throughout the state; and
WHEREAS, the City of Cape Canaveral currently has one fuel terminal facility within
its jurisdictional limits that has been designated a non-conforming use for many years due to
local zoning regulations; and
WHEREAS, this fuel tenninal facility is not currently permitted • expand under the
City's current zoning regulations and is also located within the City's newly created
Redevelopment Area that was established pursuant to the Community Redevelopment Act of
1969; and
WHEREAS, this fuel terminal facility is generally surrounded on three sides by several
large residential projects and a large beach side vacation resort that is one of the City's largest
tourist attractions; and
WHEREAS, the fuel terminal facility site within the City also consists • undeveloped
[oroperty, consisting of numerous trees along the outer perimeter • a portion • the site, that
serves as a natural buffer between the fuel tanks and other infrastructure on the site and the
adjacent residential projects and vacation resort; and
City of Cape Canaveral
Resolution No. 2014-10
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Commissioners for Brevard County.
Section 4: This Resolution shall take effect upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
March 2014.
Rocky Randels, Mayor
Angela M. Apperson, City Clerk
997913 't • •�
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-10
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No. /0
Subject: Consider Application for Satisfaction or Release of $94,550.00 Code
Enforcement Lien, Case No. 2010 - 00075, 7523 Magnolia Avenue.
Department: Community and Economic Development
Summary: On April 21, 2011 the Code Enforcement Board entered an Order Imposing
Penalty against the above - referenced property of one hundred fifty dollars ($150.00) for
the first day and one hundred dollars ($100.00) per day until the violation is corrected
and full compliance is confirmed (Attachment #1). The violation was for exterior
property maintenance. During the period of non - compliance the unit was owned by
Randy Kummerfeldt.
On September 5, 2013 Residential Credit Solutions, Inc. purchased the property.
On November 21, 2013 the property was brought into compliance (Attachment #2) by
the efforts of Residential Credit Solutions, Inc. The lien stopped accruing and the total
fine is $94,550.00 (Attachment #3).
On January 10, 2014 Robert Thornton, the new owner, applied for a satisfaction or
reduction of the Code Enforcement Lien (Attachment #4) due to the fact that he was not
the owner at the time of the violation and the property is currently in compliance.
On February 20, 2014 the Code Enforcement Board recommended the City Council
reduce the outstanding lien to ten thousand dollars ($10,000.00). The draft Board
Minutes (Attachment #5) and the Code Enforcement Board recommendation memo
(Attachment #6) are included herewith.
Current market value according to Brevard County Property Appraiser is $91,000.00.
Staff supports the recommendation to reduce the lien to ten thousand dollars
($10,000.00) because the amount of the lien is disproportionate to the value of the
property.
Submitting Department Director: Todd Morley 'V�v% (AA Date: 3/5/2014
Attachments:
#1 - April 21, 2011 Board Order
#2 - Notice of Compliance
#3 - Current lien amount calculation
#4 - Application for Satisfaction or Release of Code Enforcement Lien
#5 - Draft Minutes from the February 20th meeting
#6 - Code Enforcement Board Memo
Financial Impact: Up to $84,550.00 in forgone lien collections; Staff time for
preparation of Agenda Item.
City Council Meeting Date: 3/18/2014
Item No. /o
Page 2 of 2
Reviewed by Financial Services Director: John DeLeo \/ Date: -31S11
The City Manager recommends that City Council take the following action:
Approve the request in the amount of $10,000.00.
Approved by City Manager: David L. Greene OYJ�-z— Date: 316 11q
City Council Action: ( ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City Iff Cape CanaveraJ
C" &W CODE ENFORCEMENT BOARD
CAM C&MVEW /
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #10-00075
A Florida municipal corporation,
Respondents, pp
ti
ORDER IMPOSING PENALTY ON FIRST VIOLATION
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1 . That Respondents were provided a Rotice of Violation in accordance with
Section 2-258 of the City of Cape Canaveral Code of Ordinances ('City Code") and consistent
with sections 162.06 and 162.12, Florida Statutes;
3. That Respondents either failed or refused to correct such violation
reasonable time period provided in the Notice of Violation; that the Respondents were4
L H
75 10 N. Atlantic Avenue * Post Office Box 326 - Cape Canaveral, FL
Telephone: (321) 868-1222 * Fax: (321) 868-1247
www.myflorida.com/cape - cmail: ompecanaveraI&IFI.mcom
Case #10- 00075
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 34- 96(b)(d), Standards Established; and Section 34-
99(1)(2), Landscape Appearance and Maintenance, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitute violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING AND CONCLUSIONS,
• r
1. A fine shall be entered immediately in the amount of one hundred and fifty dollars
($150.00) for April 21, 2011 and one hundred dollars ($100.00) per day thereafter, including all
cost authorized by law related to the violation, until the violation is corrected and full compliance
is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide
notice of such violation being corrected to the Code Enforcement Officer. Upon such
confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance;
2. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien
against the Property and any other real or personal property owned by the Respondent.
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of April, 2011.
IN MY.. W.
i Chairperson
Case #10 -00075
Li•'• T $111[no
9 U ffe- Y
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this Z& day of APr= ( ,2011.
rV2
L-Asardi, Board Secretary
Duree Alexander, Code Enforcement Officer
Attachment 2
City of Cape Canaveral
amenity & Economic Development Department
CODE ENFORCEMENT
OTICE OF COMPLIANCE
Residential Credit Solutions, Inc.
C/O Dennis G. Stowe or Mark D. Rogers
4708 Mercantile Drive
Fort Worth, TX 76137
CASE NO: 2010 -00075
LOCATION OF VIOLATION: 7523 Magnolia Avenue, Cape Canaveral, FL 32920
Parcel ID: 24- 37- 23 -CG- 00043.0- 0015.00
RESPONDENT(S): Residential Credit Solutions, Inc.
Your property was found in compliance on November 21, 2013, by meeting the requirements of
the Notice of Violation.
DESCRIPTION OF VIOLATION:
Section 34 -96, (b) (d), Standards Established.
Section 34 -99, (1) (2), Landscape Appearance and Maintenance
Thank you for your cooperation in this matter.
If you have any questions, please do not hesitate to contact me at (321) 868 -1222.
inccerely,
Duree Alexander
Code Enforcement Officer
C: Lynn Facompre
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920 -0326
Telephone: (321) 868 -1222 - Fax: (321) 868 -1247
wwwcityofcapecanaveral.org - email: info @cityofcapecanaveral.org
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U I M,
City of Cape Canaveral
munity & Economic Development Department
CASE NO 2010-00075
7523 MAGNOLIA AVE
I days
$150.00
$150.00
9 days
$
100.00
$900.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
31 days
$
100.00
$3,100.00
29 days
$
100.00
$2,900.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
3 1 days
$
100.00
$3,100.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
3 1 days
$
100.00
$3,100.00
28 days
$
100.00
$2,800.00
3 1 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
31 days
$
100.00
$3,100.00
30 days
$
100.00
$3,000.00
31 days
$
100.00
$3,100.00
20 days
$
100.00
$2,000.00
1"Otal
$94,550.00
75 10 N. Atlantic Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-03V.
Telephone: (321) 868-1222 - Fax.- (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaverAl.org
F—ITCOWNRIMMA
A
STATE: IN ZIP:4711 .
NATURE OF VIOLATION(S):
See 34-99 Landscape Appearance and Maintenance
ADDRESS OF SUBJECT PROPERTY: 7523 Magnolia
WATE FINE/LIEN IMPOSED: April 21,2011
COMPLIANCE DATE:
AMOUNT: 4 Ct q, 5 �)C) - • Q /DAY OR TOT]
(If more space is needed add additional pages)
d W 1011,142 X46d9001211 C1,12 [$I; a 9 - kq
TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages)
New Owner
once again be a pleasing building and housing for local Canaveral residents.
CITY OF CAPE CANAVERAL
OF CODE ENFORCEMENT LIEN CO'VT
------------ /r44-17y 2:z� I hu 2PP4
Applicant's Signature Date
a - 404o - 9q3-1
STATE
•
COUNTY OF
—
FOR STAFF USE ONLY
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON It 1-2(t IS
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMNENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVE;
1AM
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS QS-0WNCR,-6wjfibfi3Tq WIT:
Total Ift. go
ON OR BEFORE Amount $0.09
CK ;tshl Allount $190.6@
City Cape of Canaveral
Community & Economic Development Department
WO
MOIJAM61fa BIRI YNA" I Me) I'll 9-6) ffilyw-6) 0:3 Uzi Me) &NOZ W 2 M�
Attachment 5
Code Enforcement Board
Meeting Minutes
February 20, 2014
Page 6
ON
i7
12. Case No. 10 -00075 — Application for Satisfaction or Release of Code Enforcement Lien,
(7523 Magnolia Ave.) —Robert Thornton, Property Owner.
Robert Thornton, the new property owner,
and is interested in relocating to Cape C`
currently in the process of putting on a r
Thornton further stated that he co
maintain it.
.:....... .
13.
recently purchased this property
that he obtained a permit and is
g the property up to Code. Mr.
,el, due to the location, and will
recommend that Council reduce the lien in the
and fifty dollars ($94,550.00) to ten thousand
I unanimously.
Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Palmer testified that the violation was for the
condition of the fence. Officer Palmer stated that on July 18, 2013 the Code Enforcement Board
entered an Order Imposing Penalty against the above - referenced property in the amount of
seventy -five dollars ($75.00) for the first day and twenty -five dollars ($25.00) per day until the
violation is corrected and full compliance is confirmed.
Officer Palmer stated that on November 21, 2013 the property was brought into compliance.
The lien stopped accruing and the total fine is three thousand two hundred dollars ($3,200.00).
Officer Palmer submitted a letter from Lisa Durgin, property manager, which stated that, due to
lack of communication from the previous property manager, they were unaware of the violation
and a lien was filed on the property. She further stated that as soon as it was brought to her
attention the repairs were made and the property was immediately brought into compliance.
Ms. Durgin requested a reduction in the lien amount.
Attachment 6
Memo
TO: David L. Greene, City Manager
VIA: Todd Morley, Community and Economic Development Direct
FROM: Joy Lombardi, Code Enforcement Board Secretary
DATE: February 26, 2014
RE: Code Enforcement Board Recommendation to the City Council for the Satisfaction or
Reduction of Lien (7523 Magnolia Avenue, Case #10- 00075)
At the February 20, 2014 Code Enforcement Board Meeting, the Board considered a request for
satisfaction or reduction of a Code Enforcement Board Lien in the amount of ninety -four thousand
five hundred and fifty dollars ($94,550.00).
Robert Thornton, property owner, applied for a satisfaction or reduction of the Code Enforcement
Lien due to the fact that he was not the owner at the time of the violation and the property is
currently in compliance.
The Board unanimously recommended that City Council reduce the outstanding lien to ten
thousand dollars ($10,000.00).
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/18/2014
Item No.
Subject: Consider Application for Satisfaction or Release of $3,200.00 Code
Enforcement Lien, Case No. 2013 - 00033, 107 Anchorage Avenue.
Department: Community and Economic Development
Summary: On July 18, 2013 the Code Enforcement Board entered an Order Imposing
Penalty against the above - referenced property of seventy -five dollars ($75.00) for the
first day and twenty -five dollars ($25.00) per day until the violation is corrected and full
compliance is confirmed (Attachment #1).
On November 21, 2013 the property was brought into compliance (Attachment #2). The
lien stopped accruing and the total fine is $3,200.00 (Attachment #3).
On January 10, 2014 the property manager applied for the reduction of the Code
Enforcement Lien (Attachment #4) stating that due to the lack of communication from
the previous property manager, they were unaware of the violation and a lien was filed
on the property.
On February 20, 2014 the Code Enforcement Board recommended the City Council
reduce the outstanding lien to one thousand six hundred dollars ($1,600.00). The draft
Board Minutes (Attachment #5) and the Code Enforcement Board recommendation
memo (Attachment #6) are included herewith.
Submitting Department Director: Todd Morley Date: 3/5/2014
Attachments:
#1 - July 18, 2013 Board Order
#2 - Notice of Compliance
#3 - Current lien amount calculation
#4 - Application for Satisfaction or Release of Code Enforcement Lien
#5 - Draft Minutes from the February 20th meeting
#6 - Code Enforcement Board Memo
Financial Impact: Up to $1,600.00 in forgone lien collections; Staff time for preparation
of Agenda Item.
Reviewed by Financial Services Director: John DeLeo Date: 1
The City Manager recommends that City Council take th llowing action:
Approve the request in the amount of $1,600.00.
Approved by City Manager: David L. Greene Date:' /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
W�—R=TWV41 a i W A LIT:
7i , revard M"
# Pw.2 Attachment 1
City of Cape Canaveral
Community & Economic Development D(;Fizersu ent
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #13-00033
A Florida municipal corporation,
Complainant
9- F. t W lot "1 9 WIN •
c/o K Stafford, R.A.
Owner of the Property located at:
107 Anchorage Avenue
Cape Canaveral, FL 32920
LEGAL-- SEA SPRAY TOWNHOMES CONDO PH I CONDO COMMON AREA AS DESC IN ORB 5570 PG 3799 AND ALL
AMENDMENTS THERETO, PLAT BOOK 0001, PAGE 0022
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on July 18, 2013 to determine
MEMMO '114JI Mai
Findings of Fact and Conclusions of Law
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cijyof al.or -mail: infb0,cijyo&gpecanaveraj1,orR
W-11TIAMT1414IN
DONE AND ORDERED at Cape Canaveral, Florida, this 18'h day of July® 2013.
Sea Spray c/o Edwards Realty
1415 N. Atlantic Ave.
Cocoa Beach, FL. 32931
.7ity of Cape Canaveral
�ommunity & Economic Development Department
10! 1 IT
'51 .311111111111111; Pill ii
,,III
Lyga
.. . ..... . . . . .....
Brian Palmer
Code Enforcement Officer
Telephone (321) 868-1222 — Fax (321) 868-1247
www.�!j���� e-mail: info cityofca ecanaveral.org
�i tY of Ca pe Canaveral
Community & Economic Development Department
Lien Breakdown
Month
AM
31 I
$775.00
S
$750.000
31
775e 0
F Wov
20
�$500�.001
MIAk-
L26
3$33 .
Telephone (321) 868-1222 — Fax (321) 868-1247
www.chyqkgggqMMgKgM e-mail: jnh2@q����
CITY OF CAPE CANAVERAL Attachment 4
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LEEN
CODE ENFORCEMENT CASE #:43-:r-��3 � APPLICATION FEE-.
EMMA M. 2
RM
1111 Iiii" III III s I
0
I I —
STATE. —It,
I
AMOUNT: /DAY OR TOTAL
COMPLIANCE DATE: //
RELIEF REQUESTED: SATISFACTION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES AS THE AMOUNT OF niE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If morc space is needed add additional pages)
A-,
(If more space is needed add additional pages) --A-AI A - I
1�111513!11`1 I I
M U. =-I
-101—i �ft
Ziiii, I il,I 111�111 III III I; 1111:1qI 11:1111
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST V MtCH WOULD WARRANT THE
REDUCTION OR IS ISEACTION OF PENALTY OR FZM: (If more space is needed add additional pages
Date:
T
Notary public State of Florkla
APPLICATION FEE: $ 160,CK—" RECENED BY CITY ON I I 10 11 q
COMPLIANCE CO BY BUILDING OFFICIAL ON ll (fI3
CODE ENFORCENIENT REVIEW ON 9 .2d� fit/
CODE ENFORCENMNT RECONfIVENDATION ATTACHED: YES
It
ACTION OF CITY COUNCIL: APPROVE; _ DENY; APPROVE WITH FOLLOWING
ill/It ' i2614 i:48 ON 0@62,-1278
Total IN. By
cash Aunt 10,
Ebanne Mo
CK 42@d 1pl� 4.ourft ilomg
e-S
- - I
Meeting Minutes
February 20, 2014
Page 6 1
III!! i1q,!!, � �: �! , � �! � � � � �: I • I
IN
I recommend that Council reduce the lien in the
and fifty dollars ($94,550.00) to ten thousand
! unanimously.
Officer Palmer submitted a letter from Lisa Durgin, property manager, which stated that, due to
lack of communication from the previous property manager, they were unaware of the violation
and a lien was filed on the property. She further stated that as soon as it was brought to her
attention the repairs were made and the property was immediately brought into compliance.
Ms. Durgin requested a reduction in the lien amount.
Meeting Minutes
February 20, 2014
Page 7
Officer Palmer respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of three thousand two hundred dollars ($3,200.00) to one
thousand six hundred dollars ($1,600.00).
Motion by Mr. Viens, seconded by"Mr. Male, to recommend that Council reduce the lien in the
amount of three thousand two hundred dollars ($3,200.00) to one thousand six hundred dollars
($1,600.00). Vote on the motion carried unanimously.
Approved on this day of 2014.
LMM -'Iffiffl= �
*Alba
Attachment 6
Memo
TO: David L. Greene, City Manager
VIA: Todd Morley, Community and Economic Development Direct
FROM: Joy Lombardi, Code Enforcement Board Secretary W
DATE: February 26, 2014
RE: Code Enforcement Board Recommendation to the City Council for the Satisfaction or
Reduction of Lien (107 Anchorage Avenue, Case #13- 00033)
At the February 20, 2014 Code Enforcement Board Meeting, the Board considered a request for
satisfaction or reduction of a Code Enforcement Board Lien in the amount of three thousand two
hundred dollars ($3,200.00).
Lisa Durgin, a representative from the new property management company applied for the
reduction of the Code Enforcement Lien due to the fact that the new company was not aware of the
violation on the property until after they were appointed and they brought the violation into
compliance quickly.
The Board unanimously recommended that City Council reduce the outstanding lien to one
thousand six hundred dollars ($1,600.00).