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HomeMy WebLinkAboutAgenda Packet 09-18-2012147-AHROMMUD ilIM-1m w ma sieuteg mi P mgei Iwo ig rej ROLL CALL: 6:05 635 p. in. City of Cape CanaveraU CITY COUNCIL MEETING 1AVERAL LIBRARY MEETING ROO1 Avenue, Cape Canaveral, Florida Tuesday September 18, 2012 6:00 PM I UATC1410111 Proclamation Designating September 29, 2012 through May 25, 2013 as the City's 50th Anniversary Celebratory Period. Interview Advisory Board Members for Reappointment to the: 1) Board of Ad'ustmen Linda Brown and Paula Collins 2) Code Enforcement Board Lynn Mars and Mary K. Russell 3) Culture and Leisure Services Board John Dattilo Interview Applicants Bruce Collins and John Price for the Planning and Zoning Board. Interview Applicant Birchel S. Brown for the Business and Economic Development Board. Report by Kimley-Horn and Associates, Inc, on the status of the Community Redevelopment Plan for the Cape Canaveral Community Redevelopment Area. REPORT: 6:40 City Attorney 105 Polk Avenuc - Post Office Box 326 Cape Canaveral, F'L 32920-0326 Telephone (3 2 1 ) 868-1220 Fax: (321) 868-1248 www.cityofc,tpccr'lil,'IVCI-"Ii.ol-g - enlail: infb(il"cli f, tyo capecallaveral.org City of Cape Canaveral, Florida City Council Meeting September 18, 2012 Page 2 of 3 6:55 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) m!inutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6,55 p.m. — 7:00 p. nn. 1, Approve Minutes for Regular City Council Meeting of August 21, 2012. 2. Adopt Resolution No. 20112-22; reappointing Members to the Board of Adjustment-, Code Enforcement Board-, and Culture and Leisure Services Board. (Linda Brown, Paula Colilins, Lynn Mars, Mary K. Russell and John Dattilo) 3. Adopt Resolution No. 2012-23; appointing Members to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Bruce Collins and John Price) 4. Approve a one year extension of the Professional Services Agreement with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344. 5. Approve the Professional Services Agreement with JB's Lawn Control, Inc. in the Amount of $181,058 for Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and the Mowing/Slope Mowing of the Central Ditch and Other Areas for FY2012-2013. 6. Acceptance of Annual Inspection Report - Cape Caribe, lnc. Binding Development Agreement 7. Adopt Ord. No. 13-2012; amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code-, severability; and an effective date. City of Cape Canaveral, Florida City Council Meeting September 18, 2012 Page 3 of 3 & Discuss Resolution No. 2012-21; designating certain real property in the City of Cape Canaveral identified on Exhibit "A" as a Florida Brownfield Area for the purpose of environmental remediation, rehabilitation, and economic development; authorizing the city manager to notify the Florida Department of Environmental Protection of said designation; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. ITEMS FOR ACTION: 7:10 p.m. — 7:45 p.m. 9, Adopt Ordinance No. 17-2012-, amending Chapter 38, Fire Prevention and Protection, of the Cape Canaveral Code of Ordinances related to Public Fire Protection Service Charges; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code, severability; and an effective date. 10. The Mayor and City Council discuss/announce scheduling of the required Brownfield Public Hearing for the October 16, 2012 City Council Meeting at 6prn in the Library Meeting Room at 201 Polk Avenue. REPORTS: 7:45 p.m. — 8:00 p.m. 11. Council. 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09118/2012 Presentation Subject: Proclamation Designating September 29, 201.2 through May 26, 2013 as the City's 501h Anniversary Celebratory Period. Department: Administrative Services Summary: On March 10, 1962, electors met at the Tropicana Juice Plant at Port Canaveral to vote on incorporation of a new municipality. 215 eligible freeholders (land owners) were present to vote. Election officials were chosen and an election was held. The vote was 152 for incorporation and 18 against incorporation. The name of the town was voted on and it was called the "Town of Cape Canaveral". Mr. Jamieson was elected mayor; five Aldermen (later called Councilmen) were elected and the first City Clerk was appointed. The first Council meeting was held at Cocoa Palms Trailer Park on March 21, 1962. At one of the early meetings, a hat was passed and $57.50 was collected to cover postage and other minimal start-up expenses. This was the first General Fund money for the new city. During the next few months, questions were raised by a few people about the legality of some of the details on the vote to incorporate. No legal challenge was ever issued, but Mayor Jamieson and the City Council decided that it would be wise to redo the voting to remove all doubt. On June 2, 1962, the freeholder electors again gathered at the Tropicana Juice Plant to vote on incorporation. This time, the vote was 205 for incorporation, 6 against incorporation of the City of Cape Canaveral. A permanent Election Board was selected and it was decided that a Charter Board would be elected to write a City Charter. In February 1963, a new Charter was presented to the City Council. It was introduced as House Bill #167 in the State Legislature that same year and became law on May 16, 1963 without Governor Farris Bryant's signature. The first City election under the Charter was held the first Tuesday in June 1963. The first quarters for the new City were storefront buildings located on Monroe and Buchanan Avenues. The City accumulated adequate monies to construct a City Hall free of debt, which was dedicated in January 1966. Voter approved tax millage for capital improvements has allowed the City to develop and improve the quality of life for its residents. The year 2013 is the 501h year of incorporation of the City of Cape Canaveral and is deserving of special recognition. The 50th Anniversary Staff Committee has designated September 29, 2012 through May 25, 2013 as the City's 50th Anniversary Celebratory Period. Submitting Department Director: Angela Apperson on behalf of the 50 Anniversary Staff Committee Date: Attachment: Proclamation Financial Impact: Staff time to prepare Proclamation and Agenda item. Reviewed by Finance Director: John McGinnis Date: 12k The City Manager recommends that City Coun " take the foil wing action(s).- Present ction(s):Present the Proclamation. Approved by City Manager: David L. Greene(-O-V' Date: y` SJ/2- City Council Action: ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ Tabled to Time Certain WHEREAS, on March 10, 1962, electors met at the Tropicana Juice Plant at Port Canaveral to vote on incorporation of anew municipality, election officials were chosen and an election was held. The vote was 152 for incorporation and 1.8 against incorporation; and WHEREAS, the first Council meeting was held at Cocoa Palms Trailer Park on March 21, 1962; and on June 2, 1962, electors again met at the Tropicana -Juice Plant at Port Canaveral to redo the voting to remove all doubt regarding the legality of the original vote to incorporate. The vote was 205 for incorporation and 6 against incorporation; and WHEREAS, a permanent Election Board was selected and a Charter Board was elected to write a City Charter; and in February 1963, a new Charter was presented to the City Council; and WHEREAS, the new Charter was introduced as House Bill #167 in the State Legislature and the Bill became law on May 16, 1963, without Governor Farris Bryant's signature; and WHEREAS, the first City election under the Charter was held in June 1963; and WHEREAS, the City had accumulated adequate monies to construct a City Hall free of debt which was dedicated in January 1966; and WHEREAS, with voter approved tax millage for capital improvements, the City was able to develop and improve the quality of life for its residents; and WHEREAS, the year 2013 is the 50th year of incorporation of the City of Cape Canaveral and is deserving of special recognition; and WHEREAS, in order to perpetuate the history of Cape Canaveral, it is apt and fitting that the 50th Anniversary of the City of Cape Canaveral be properly commemorated from September 29, 2012 through May 25, 2013 with celebratory activities and events; NOW, THEREFORE, I, by the authority vested in me as Mayor of the City of Cape Canaveral, Florida, do hereby proclaim September 29, 2012 through May 25, 2013 as the City's 50th Anniversary Celebratory Period w City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/98/2012 Interviews Subject: Interview Advisory Board Members for Reappointment to: 1) Board of Adjustment Linda Brown and Paula Collins 2) Code Enforcement Board Lynn Mars and Mary K. Russell 3) Culture and Leisure Services Board John Dattilo Department: Administration Summary: Terms for some individuals serving on the Board of Adjustment, the Code Enforcement Board and the Culture and Leisure Services Board will expire on October 1, 2012. Expiration Notices were mailed to these Board Members asking them to choose whether or not they desire to be considered for reappointment. Board of Adjustment Members Linda Brown and Paula Collins; Code Enforcement Board Members Lynn Mars and Mary K. Russell; and Culture and Leisure Services Board Member John Dattilo have expressed the desire to be considered for reappointment by the City Council and have been scheduled to appear. Submitting Department Director: Angela A personA8 Date: 09-6-2012 Attachments: Expiration Notices Financial Impact: None Reviewed by Finance Director: John McGinnis ate: The City Manager recommends that City Coun6fl taki the following action(s): Interview Advisory Board Members for Reappointment. Approved by City Manager: David L. Greene 69-1. Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved ] Approved with Modifications ( ] Tabled to Time Certain -I 1\. IT I. --I I 703 Solana Shores Dr, B407 Cape Canaveral, FL 32920 Dear Ms. Brown: Your term on the Board of Adjustment will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board and return this notice immediately to your Board Secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your re -appointment to the Board will follow thereafter. /IDO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Ada M. Brown, Board Member Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue ° Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org ° email: info@cityofcapecanaveral.org 8708 Bay Court Cape Canaveral, FL 32920 Dear Ms. Collins: Cape Canaveral `': Your term on the Board of Adjustment will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board and return this notice immediately to your Board Secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. VI DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. �>�' e4-tjt' ") (Signature) Paula Collins oard Member Sincerely, a,,40Z Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue ° Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1218 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Lynn Mars 430 Madison Ave Cape Canaveral, 1=L 32920 Dear Mr. Mars: Your term on the Code Enforcement Board will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your re -appointment to the Board will follow thereafter. /IDO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Lynn , Board Member Sincerely, cuga,l 14 e�j�� Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue ° Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868.1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org ° email: info@cityofcapecanaveral.org 376 Harbor Drive Cape Canaveral, FL 32920 Dear Ms, Russell: Its :1� ini Your term on the Code Enforcement Board will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your re -appointment to the Board will follow thereafter. XI DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. 'Jil( (Signature) Mary K. sell, Chairperson Sincerely, Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue ° Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 ° Fax: (321) 868-1248 www.cityofeapecanaveral.org ° email: info@cityofcapecanaveral.org -July -1 i , GL i L John Dattilo 231 Circle Dr #3 Cape Canaveral, FL 32920 Dear Mr. Dattilo: X*m e..�: 0-7E Your term on the Culture and Leisure Services Board will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. XI DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. ///'� a-4p,4n, ( (Signature) Dattilo, Board Member Sincerely, Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue . Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofr,apecanaveral.org s email: info@cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/1812012 Interview Subject. Interview Applicants Bruce Collins and John Price for the Planning and Zoning Board. Department: Planning and Development Summary: On August 23, 2012, the Planning and Zoning Board interviewed applicant(s) Bruce Collins and John Price to fill two (2) vacancies. By unanimous vote, the Board recommended that the applicants be appointed by the City Council. Bruce Collins previously served on the Board, reads planning literature, and during his travels, home and abroad, evaluates the planning efforts of other cities. John Price is a retired professor with a background in engineering, sales, and marketing. He was asked to serve on the Board based on his desire to serve the City and in an effort to bring a new set of experiences and perspectives to the Board. Per City Code Sec. 2-171(0), after interview and recommendation by the Board, applicants are to be interviewed by the Council prior to making an appointment. Mr. Collins and Mr. Price are scheduled to be interviewed by the City Council at tonight's meeting. The Planning and Zoning Board will now be full with addition of the new Members. Submitting Department Director: Barry Brown IM Date: 09-6-2012 Attachments: Recommendation by Planning and Zoning Board and Applications. Financial Impact: None Reviewed by Finance Director: John McGinnis Date: ) The City Manager recommends that City CounWI tak the following action(s): Interview Applicants Bruce Collins and John Price for the Planning and Zoning Board. Approved by City Manager: David L. Greene i9 `1Date: I 1L(> ,, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain of Cape Canaverai lanning & Development Department Date: August 23, 2012 To: Barry Brown, Planning & Development Director From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council to Appoint Bruce Collins and John :Price as Regular Voting Members to the Planning & Zoning Board ------------------------------------------------------------------------------------------------_----------- On August 22, 2012, the Planning & Zoning Board interviewed two potential new Board members, Bruce Collins and John Price. By unanimous vote, the Board recommended that City Council appoint them to the Board. 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 - Fax (321) 865-1247 http://www.cityofcapecanaveral. org CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Sestron 2.171, Cape Canaveral Code City Code requires prospective and existing board members to fill out; ^�"itlora;; prohibits a person from serving on a City Hoard or Committee if that n as�ieen felony, unless their civil rights have been restored, , Pleases complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: 4e 3. Home and Cellular Telephone: s2 1 7 'L. -zo A-1#9 4. Occupation: di ; f>r. b. Business Telephone: 6. Business Address: N. *+ 7. E -Mail: P-4 , B. ELIGIBILITY The Information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (y) (N) 3a. Are you a Business owner: (Y) (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of ad;udioatlon, or a felony In any jurisdiction? Arry plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (y) .__..__ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? rn (N) Al 6b. 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 voluntadl initials consentto ha ' pe Orme on you by the City of Cape Canavera . (y) (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you.- C. ou: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: IV 2. Inn eric l sequence (1"= most Interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Ecdnomic Development Board c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. � Planning and Zoning Board* I. Other: *Member of these boards are required to complete and file with the supervisor of Elections a Financia! 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 beard 3. Briefly state any prior experiences in serving on any governmental board or committee: !+r e?li9�] 1.7'G' i►4P4Atf !!-Z-e—SL/adega �. 6Z AA. A%i.i �t - 4. Please list any specialized skills and training (e.g., architect, engine -e , general contractor, etc.) that you feel help to qualify you for membership on the desired board r commi#tee. �' 0 .i.. _ .1-4% — A r 1 / w _ _ . _ . . A. . . _ d'�► 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 GgNDER African-American _ 4 Male Asian -American Female T— 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 DaSTENCE 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 Counct at a regularly scheduled meeting. e 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 Cl s Office t (3 868-1220 ext. 221. Signature: Date: /,AV I � Please return o: City of Cape Canaveral Office of the City Clerk 105 Palk Avenue Cape Canmral Florida 32920 For Office Use Only: Date application received:�- Date Appointed; by: Board Appointed to; Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOITNMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 7.471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an appl€casion. City Code also prohibits a person from serving on a City Board or Committee if that has beert.wlravicted of a felony, unless their civil rights have been restored. "�::r L/ Please oompiete the following in the space provided: ; i ,)A ] 2 2012 } A. GENERAL r� .; H E 1. Applicant Name: 2. Horne Addrs 3. Home and C 4. Occupation: A Bublness Telephone: � V 6. Business Address:_ hfa,S fGc �[I[a' ?. E -Mail: 1�`1--T�-'_' B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) �, (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Are you a Business owner. (Y) (N) 3b. If yes to 3a, please list the name. 4a. Have you ever been convicted or found guilty, regardless _ of adjudication, or a felony in any jurisdiction? Any plea of nolo oontendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b, If yes to 4a, have your civil rights been restored? (Y) '(N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)., 5b. If yes to 5e, please list each: Page 1 of 3 8. 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? (Yj (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, ,adoption, or marriage? (Y) (N) 7b. If yes to 70, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Sri by state your I In serving .on a City advisory board or committee: r 2. In numerical sequence Cr= most interested), please rank which advisory board or committee on which you wish to serve: Board of Adjustment* Business and -Economic Development. Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment and Appeals* Culture and Leisure Services Board Library Board Planning and Zoning Board* Ether: *'Member of these boards are required to complete and file with the supervisor of Elections a Financial Dlsdosure Form upon appointment to said board and prior to July 1 of each year foflowing the inNal appointment while still a member of said board. 3. #briefly state any prior experiences in sung on any governmental board or committee: w 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) t you feel help to qualify ya%for membershipon thy desired board or oommittee. 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 R C GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian �9��, �„�LITY 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- (SEC'T'ION 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. e 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 ) 856-1220 ext. 221. Signature: pate:!//'Z.� 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 receWed: 2- Dete Appointed: by: Board Appolnted to: Tenn Expires: Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2012 Interviews Subject: Interview Applicant Birchel S. Brown for the Business and Economic Development Board. Department: Community and Economic Development Summary: The Business and Economic Development Board (B.E.D.) was established by Ordinance No. 13-2011 on December 20, 2011. It is a seven (7) member Advisory Board charged with providing recommendations to the City related to the development of commerce; implementation of the Redevelopment Plan; Community Visioning; the Economic Development Action Plan; and encouraging high value business investment/job creation through removal of barriers to development for desired businesses. The Board may act as liaison with community groups, the local Chamber of Commerce, the Port, the EDC (Economic Development Commission) and similar organizations as well as existing businesses and interested outside entities. Additionally, the B.E.D. is charged with investigating financial assistance; contemplating necessary action the City should take to enhance/encourage the further development of the City's commerce; review applications for ad valorem tax exemptions as well as additional incentives; and generally encourage development of business, commerce, industry and tourism in Cape Canaveral. There are seven (7) volunteer Applicants for this Board. They are: Birchel S. Brown, Omar Capellan, Bill Carroll, Melanie Evans, Jim Massoni, Shannon Roberts and Andrew Serafin. Due to schedule conflicts, one Applicant will be interviewed at the September 18th meeting; five Applicants will be interviewed at the October 16th; meeting and one will be interviewed at the November 20th meeting. An appointing Resolution will be included on the November 20th City Council Agenda. City Code Section 2-171(D) provides that only two members of the B.E.D. Board must be Cape Canaveral residents, of the seven (7) Applicants, six (6) are residents. Submitting Department Director: Todd Morley "� 1 Date: 09-6-2012 Attachments: Application; Business and Economic Development Board Ordinance Financial Impact: None Reviewedby Finance Director: John McGinnis Date: /e /a The City Manager recommends that City Coun f take the following action(s): Interview Applicant Birchel S. Brown for the Business and Economic Development Board. Approved.by City Manager: David L. Greene 6) Date: °C Ito City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Cocke ss City Code requires prospective and existing board members to fit out an-- pli �. CI �e al so prohibits a person from serving on a City Board or Committee if that persc =ha n c n d of a felony, unless their civil rights have been restored.i:'' Please complete the following In the space provided: _ A. GENERAL 1. Applicant Name. " / 1&ee.4�),J ✓.i� . ✓ ) 2. Home Address: /✓ +a/��i/'��✓� 3. Home and Cellular Telephone. aV, 4. Occupation: &159 !o eeZ 5_ Business Telephone: 6. Business Address: -�Iy2e d6 kye 7. E-Mail:."'^6Ae~ % .g'�a,'/, � B. ELIGIBILITY The information provided in this section Is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote In Brevard County? (y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer'? (y) (N) _- 3a. Are you a Business owner_ (y) (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) ' 5a. Do you presently serve on any other City of Gape Canaveral advisory board or committee? (Y) (N) 5b, If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being _ appointed to a board or committee. Do you voluntarily initials- consent nitis sconsent to having a standard background check performed on you by the City of Cape Canaveral? (Y) V"' (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) .. (N) 7b, If yes to 7a, please provide name(s) of person(s) and relationship to you.- C. ou: C. INTERESTSIEXPERI E NC E 1. Briefly state your interest in serving on a City advisory board or committee: ON In numerical sequence (1 = mast interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board C. Code Enforcement Board* d_ Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g, Library Board h. Planning and Zoning Board* i. Other: *Member of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 9 of each year following the initial appointment while still a merrmber of said board. 3. 4. Briefly state any prior experiences in serving on any governmental board or committee; Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that yGV feel help to qualify you fX membership on tie desired board or committee. D. STATIC REPORTING REQUIREMENTS Section 760.84, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members, Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Nat Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS (SECTIONS 112.311-326, FLORIDA STATUTES) AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for one year from date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221, Signature: V%1 c Please return to: City of Cape Canaveral Office of the City Clerk 106 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Date: /- 6 - -&/.Z Gape Canaveral, Florida, Code of Ordinances » Subpart A - GENERAL ORDINANCES » Chapter 22 -COMMUNITY DEVELOPMENT »ARTICLE II. 13USINE S AND C€,iLT RAL ®EVELOPtV ENT BOARD ARTICLE Il. - BUSINESS AND CULTURAL DEVELOPMENT BOARD Issl Sec. 22-26. - Definitions. Sec. 22-27. - Established. Sec. 22-28. - Composition. Sec. 22-29. - Reserved. Sec. 22-30. - Reserved. Sec. 22-31. - Reserved. Sec. 22-32. - Reserved. Sec. 22-33. - Purpose and „duties. Sec. 22-34. - Advisory capacity. Sec. 22-35. - Indebtedness. Sec. 22-26. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commerce or commercial pertains to activities in the areas of industry, commerce, business and tourism. (Ord. No. 10-99, § 1, 9-7-99) Sec. 22-27. - Established. The city establishes a business and economic development board in and for the city. (Ord. No. 10-99, § 1, 9-7-99; Ord, No. 13-2011, § 3, 12-20-11) Sec. 22-28. - Composition. The business and economic development board shall consist of seven regular members. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 12-2003, § 4, 7-1-03; Ord. No. 13-2011, § 3, 12-20-11) Sec. 22-29. - Reserved. Editor's noto— Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-29, which pertained to term of office and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-30. - Reserved. Editor's note -- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-30, which pertained to vacancies and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-31. - Reserved. Editor's note - Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-31, which pertained to removal and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-32. - Reserved. Editor's note -- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-32, which pertained to rules and procedures and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-33. - Purpose and duties. to, The business and economic development board shall have the purposes and duties (1) (2) Provide recommendations to the city related to the implementation of the redevelopment plan prepared in 2007, the recommendations of the 2009 Community Visioning Committee and its Vision Statement, and the Economic Development Action Plan prepared in 2010. Confer with and advise the city on all matters concerning the development of commerce. The board shall encourage high value business investment and job creation in the city and advise the city on actions to undertake in accomplishing this goal. Actions may include code revisions that remove barriers to development for desired businesses, creation of development incentives such as a community redevelopment agency and brownfields redevelopment program, creation of mixed use land use and zoning districts, revisions to current zoning districts to allow for desired types of development, among others. (3) As may be requested, act as liaison for the city in the area of public relations with the following: a. (b) (6) (7) (8) (9) Cocoa Beach Regional Chamber of Commerce. Canaveral Pori Authority. Economic Development Commission of Florida's Space Coast. Other similar organizations or agencies which, in the opinion of the business and economic development board, would be appropriate for such liaison. Determine from existing commercial enterprises in the city and interested. outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. Advise the city of the advent of any new commercial activity, i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. Cooperate with all community groups, which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. Generally, encourage in any manner the development of business, commerce, industry and tourism in the city. Investigate sources of financial assistance available to the city from the governmental or private sector and assist the city in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in the form of grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. Review and consider the merits of applications for economic development ad valorem tax exemptions; make recommendations to the city council as to whether or not to grant the exemption, and if the exemption is granted, the percentage of the exemption and period of time for the exemption; make recommendations related to additional incentives, including, but not limited to development fee waivers and financial contributions. (Ord. No. 10-99, § 1, 9-7-99; Ord, No. 13-2011, § 3, 12-20-11) Sec. 22-34. - Advisory capacity. The powers and duties of the business and economic development board are of an advisory nature only, and the board shall not have any powers or duties which conflict with or supersede the powers and duties of other city boards. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, 12-20-11) Sec. 22-35. - Indebtedness. The business and economic development board shall not incur any debts or enter into any contracts or obligations, which would be enforceable against the city, unless prior approval has been obtained. (Ord. No. 10-99, § 1, 9-7-99; Ord, No. 13-2011, § 3, 12-20-11) FOOTNOTE(S): (39) Cross reference— Boards, committees, commissions, § 2-171 et seq. Back City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2012 Presentation Subject: Report by Kimley-Horn and Associates, Inc. on the status of the Community Redevelopment Plan for the Cape Canaveral Community Redevelopment Area. Department: Planning and Development Summary: On August 21, 2012, City Council adopted Resolution No. 2012-16 which created the Cape Canaveral Community Redevelopment Agency and declared the City Council to be the CRA Board. That same evening the Council authorized the City Manager to execute a contract with Kimley-Horn and Associates, Inc. to prepare the Community Redevelopment Plan as required by Florida Statutes. Kimley-Horn is in the process of preparing the Community Redevelopment Plan and wants to provide the Council with an update on the status of the Plan, a general overview of recommended projects, as well as discuss tax increment revenue projections. The Community Redevelopment Plan is scheduled for review by the Planning and Zoning Board sitting as the Local Planning Agency (LPA) on Wednesday, September 26, 2012. The LPA will review the Redevelopment Plan for consistency with the Comprehensive Plan. After review and recommendation by the Local Planning Agency the Redevelopment Plan will be submitted to the CRA Board for its review and recommendation to the Council, Brevard County, and other taxing authorities. The Community Redevelopment Plan will include potential redevelopment projects, programs and funding sources. After review of the Community Redevelopment Plan by Brevard County, the City Council will adopt the Redevelopment Plan and create a Trust Fund for the deposit of CRA funds, including Tax Increment Financing revenues. One of the major benefits of a CRA is Tax Increment Financing (TIF). Under Tax Increment Financing, the value of properties within the Community Redevelopment Area at the time the Trust Fund is created establishes the base year tax valuation. Ad Valorem Revenues collected on future increases in value of property within the Community Redevelopment Area are deposited into the Trust Fund. Submitting Department Director: Barry Brown Date: 9/10/2012 Attachments: None. Financial Impact: It is too early to accurately estimate the financial impact, but the outcome will be beneficial to the redevelopment area. Reviewed by Finance Director: John McGinnis ate: The City Manager recommends that City Couno take the fullo ng action(s): NIA. Approved by City.Manager: David L. Greene Date: l City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 21, 2012 6:00 PM ...............:.................:........... CALL TO ORDER: The Chair called the Meeting to Order at 6:@O. and led the pledge of allegiance. ROLL CALL: Council Members Prese Council Member Council Member Council Member Mayor Mayor Pro Tem Others Present: City Manager City Attorney Assistant City MaQW9 i Finance Director Building Official P I a n n i n g ar�d l e' �lopme Leisure Si~rvices Dirtor Y Publicllti(,orks Services Di Brevard'Corunty Sheriff C° Brevard County Sheriff S Cape Canavi=rl,Uolunte( PRESENTATIONS We Buzz`Pesos Rocky Rndels Betty Walsh =' David L. Greene Anthony Garganese le Angela Apperson r John McGinnis Todd Morley ,ctor Barry Brown Robert Lefever or Jeff Ratliff nandr Alan Moros ;ant Scott Pikus re Dept. Assistant Chief John Cunningham Institute for Elected Municipal Officials IEMO Certificate of Completion to Council Member John Bond: Mayor Randels presented Council Member Bond a certificate of completion for the his attendance at the Institute for Elected Municipal Officials (ISMO) City of Cape Canaveral Certificate of A2preciation to Life Scout Zack Scott for completion of the Brevard County Sheriff's Office Canaveral Precinct Landscaping Project: Mayor Randels presented a Certificate of Appreciation to Zack Scott. Commander Moros presented Zack with a plaque of Appreciation. Mayor Randels thanked those present City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 2 of 6 from the Troop. It was noted there are 32 Scouts at this time and they meet almost every Monday night at United Methodist Church in Cocoa Beach. Interview Applicant Lynn Peppel for the Library Board: Mayor Randels noted Ms. Peppel was not in attendance. Interview Dennis R. Jenkins and George J. Sweetman for reappointment to the Board of Adjustment: Mr. Jenkins explained he has retired from the spa a program and enjoys working with Barry Brown, the City Staff, as well as giving back ,tQ the�gommunity. Council Member John Bond complimented Mr. Jenkins' service and,� mmended for approval. Mr. Sweetman was not present. Interview Dr. John Fredrickson for reappointment to John Fredrickson reviewed his "Things to do" list throughout Brevard County. Mayor Randels ' to Board. Dr. Friedrickson suggested placing t'e�� CITY ATTORNEY'S REPORT: Attorney Garc between the City and the CanaverakYolunteer Fire next two weeks.,.. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels 2. �•. John Fredrickson 11u, A d item `:- be re nutes fcC,tx=ntl crL Meetn;f. July 17 "'s': a �lutron No 201 � veral FloridaT Mdii r )lution N`. 2012-14: e, Pl-anninq a iYlr;Zoning Board: Dr. c# %explained involvement his, many years o service on the it ons raised platform a' noted the property closing ment will take place within the m the Consent Agenda for discussion. Worksh intinq a Member to the Library Board of the affective date. (,Lynn ItinAa Member to da: orovidina for an 4. Adopt Resolution No. 2012-15; „Reappointing Members to the Board of Adjustment of the City of Cape „Canaveral, Florida; providing for an effective date. (Dennis R. Jenkins and George J. Sweetman): 5. Adopt Resolution No. 2012-17; related to the adoption of the Tentative Proposed Millage Rate: City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 3 of 6 6. Approve a Task Order for Baskerville -Donovan Inc. (BDI) in the amount of $71,980 for the completion of a Wastewater/Stormwater Facilities Plan as required by the State Revolving Fund (SRF) Program administered by e � . th Florida Department of Environmental Protection (FDEP): 7. Ratify Proposed Events and Expenditures for the City's 50th Anniversary Nine - Month Celebratory Campaign: )rove Task Order with Kimley-Horn tatutes to establish a Community Redevelopment Agency and authorize the CitY'�`�I'f_ er to execute it on the City's behalf: A motion was made by Council Member Bori'd seconded bNeicgpc uncii Member Hoog, to approve Consent Agenda Item Nos two, through Themotion carried 5-0 with voting as follows: Councal Member Bond, For; Cif Member Hoog, For; Council Member Petsos, For; Maydr Rand 19, For; and M or Pro Tem Walsh, For. K_ ##1 . Mayor Randels noted: a corre Al the Workshop Meeting minutes. He asked whether the minutes should be table&� e' t letter recerVed *rbm Mr. Pindziak. City Manager Greene explained the letter from Mr mak requests the Council reconsider requiring a Special Exception for a com '.erc „1' pa n cility and noted the minutes are correct. Charies,-Pir�dzaak advocate or the re oval of the Special Exception requirement for a cgr�fnercia� harking lot as ,equired by the passage of Ordinance 11- «� buffer 2012. DiscussGon�nensued anthe parking/outside storage d include �� requirements; the Plannln;g and,wZonin Board rcommendation for this use to only be g Y allowed by Special Exceptioi), ' that the Coe may not provide adequate buffering needed fox�tl .` bp�eof sui`rQunding uses, at the minutes should not be tabled; not being 'favor ectal e5ccept�on requirements; the anticipated mixed use ,1 devil ents that maybe ad�ace it,.to a commercial parking facility and the need to adequaf Rescreen the p� ng facility from residential properties. A motion was made by Mayo�ndels, seco�.ied by Council Member Petsos, to approve #1 from the Consent Agi~la. Them on carried 5-0 with voting as follows. Council Member Bond, For; Coin il Meber Hoog, For; Council Member Petsos, For; Mayor Randels, For; an 11. Pro Tem Walsh, For. PUBLIC HEARING-- 9. EARING: 9. Adopt Resolution No. 2012-16; finding that the conditions within a sr)ecific area of the City of Cape Canaveral, generally described escribed„ as being bounded by the Port of , Canaveral on the north to one block west of State Road A1A south following the existing city limits and east to Ridgewood Avenue, more particularly described herein, meet the criteria of Section 163.340(8), Florida Statutes, as a,.,blighted area; declaring that one or more blighted areas exists; declaring that the rehabilitation conservation City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 4 of 6 and redevelopment of such blighted areas is necessary in promoting the public health, safety, morals and welfare of the residents of Cape Canaveral; determining that there is a need for the creation of a Community Redevelopment Agency to carry out the red evelo went ur oses of Chapter 163 Part III Florida Statutes within the identified _^i. Community blighted area;.. naming the agency for said district the Cape Canaveral Redevelopment Agency; declaring he Board of Commissionersof said _community„ , redevelopment district shall consist of the members of the City of. Cape Canaveral City effective date: Attorney Garganese read th the requirement for passage to create a C and Development Director Brown explained a Resolution delegating its power to create City of Cape Canaveral. Mr. Brown note( Resolution, the Redevelopment Plan to be c which will list the types of projects to be Council, sitting as the CRA Board will be as, October 16th; the Plan will then be sent to Council for adoption; the need to creatE Community Redevelopment Plan planned f information will be presented at the folJdwinc Council Member Petsos, secondedy Resolution No. 2012-16. Mr. Kelley Kf pp( within the proposed CRA Boundary. He enc fund improvements, He, lained the discussion areas as, rhe prof is progresE, Ridgewood Avenu,€�, nd that f Map prey comments were rece1 n R Public He with voting as follows uncle Council Myember etsos, r; aMayor A 10. Ad' Resolution title i fbOlhe Record and noted mmunity Red vopment Area. Planning he Brevard o .Commission approved approved a Commu ” � y Re � � lopment Area to the the R ing of Ned e - I attached to the !ate i y . 'mley-Horn ssociates, Inc., pleted within the CRe :Y hat the City recom , nd the Plan �r .proval on at?prova1, rete to the City a Tr f'.F."und, an open house for the Septe18t, at 3 p.m. and additional council Me x A motion was made by q-kyor Pro Te falsh, for approval of re -viewed a rn A identifying the properties ated Tak' Ir�cr ment Financing dollars will rth/South dJstricts will allow for smaller the eastern boundary does not include Is The Public Hearing was opened. No ing was closed. The motion carried 5-0 gond, For; Council Member Hoog, For; Is, For; and Mayor Pro Tem Walsh, For, 13-2012; amendi ina. of the Cape Canaveral Cod�:iof Ordinances toprohibit Donation Bins within the City' providing for th' . repeal ofY prior inconsistent ordinances and resolutions-,incorr�oration into the Code; ' th`erae'rlity;.,, and an effective date: Attorney Garganese read the Ordinance tile i "cord and gave a brief overview of same. Mayor Randels noted the eyesore created" by people leaving bulk items next to these bins. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 13-2012. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 11. Consider a new request from the United States Board on Geographic Names United States Geological Survey, to either _recommend a geographic _name or City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 5 of 6 recommend leaving a Barrier Island in Brevard County unnamed: Mayor Randels explained the background for this item and the requirement for the US Board on Geographic Names to solicit public input. Council Member Bond supported naming the Island after the Ais Indians. Discussion ensued. A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Walsh, that we leave the island un- named. The motion carried 4-1 with voting as follows: Council Member Bond, Against; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. A" 12. The N nce schedulina`f the Public Hearing for the September 18, 2012 Counci Meeting Room at 201 Polk _Avenue: Planning a explained the Brownfield Redevelopment Prog A September 18, 2012 at the Regular City Council 0406E sent to all property owners within/around the p osec as well as the area will be posted. The act Nt`, for follows: 3-5 p.m. a CRA/Brownfield Open House, 6:00 p.m. the Regular Meeting. A motion was seconded by Mayor Pro -Tem Walsh, to schedule carried 5-0 with voting as follows Council Memk d Develo P Ment Director Brown a, Rublic Hearing will occur on ng. He indicated notices will be Brownfield Redeaelo ment Area, Seglember 18t were,.;clarified as to: City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 6 of 6 zoning code, unless they have taken concrete steps in which to initiate a use/going through the permit process; and the City Council has the right to amend the Zoning Code. Consensus was reached to have the Planning and Zoning Board study this item and return a recommendation to the City Council, Council Member Petsos noted the Port has a Charter Review Board. He asked for consensus for the City Manager to address the Port Charter Review Board to ensure the Community input and ability to hold referendum if individual . believe what they are building is not correct. The request was briefly discussed. n esus was reached to have the City Manager address the Board. Council Member Petsos noted a new restaurant open+ them why they did not consider Cape Canaveral A,$ Cape Canaveral due to the large impact fees: Ci Members will meet with a consultant tomorrow to t consider revisions to how they are calculated He Attorney representing IZZY's Bistro regarding"the issues. n n Coda! --',Beach and he asked NIK pdicated>y did not choose ManagerG'' „ne noted Staff in an Imparee Study and �f �tEd Staff is wog with an pa�t. Fee/Code, nforcement City of Cape Canaveral City Council Agenda Form City Council Meeting Date. 09/18/2012 Item No. Subject: Adopt Resolution No. 201222; reappointing Members to the Board of Adjustment; Code Enforcement Board; and Culture and Leisure Services Board. (Linda Brown, Paula Collins, Lynn Mars, Mary K. Russell and John Dattilo) Department: Legislative Summary: Terms for some individuals serving on the Board of Adjustment, the Code Enforcement Board and the Culture and Leisure Services Board will expire on October 1, 2012. After having been interviewed this evening by the City Council, Board of Adjustment Members Linda Brown and Paula Collins; Code Enforcement Board Members Lynn Mars and Mary K. Russell; and Culture and Leisure Services Board Member John Dattilo will now be reappointed by Resolution. To maintain staggered terms for Board Members, Ms. Brown and Ms. Collins are being re -appointed for a two year period. Submitting Department Director: Angela Apperson Date: 09-6-2012 Attachment: Resolution. No. 2012-22 Financial impact: None Reviewed by Finance Director: John McGinnis ate: Z0 The City Manager recommends that City CounZil tak4 the follow ngAction(s): Adopt Resolution No. 2012-22. Approved by City Manager: David L. Greene J `L --l- Date: 13 111 ao / Z - City Council Action: [ j Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ) Tabled to Time Certain RESOLUTION NO. 2012-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT; CODE ENFORCEMENT BOARD; AND CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Ordinance No. 11-2005 (Zoning Code Section 110-2) created a Board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Ordinance No. 22-83 created a Board known as the Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, created a Board formerly known as the Recreation Board by Code Section 54-26 and is now known as the Culture and Leisure Services Board by Ordinance No. 13-2011, Chapter 54, Section 54-26; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to said Boards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows. SECTION 1. Linda Brown and Paula Collins are hereby reappointed as Members of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2014, SECTION 2. Lynn Mars and Mary K. Russell are hereby reappointed as Members of the Code Enforcement Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2015. City of Cape Canaveral Resolution No. 2012-22 Page 2 SECTION 3. John Dattilo is hereby reappointed as a Member of the Culture and Leisure Services Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2015. SECTION 4. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of September, 2012. Rocky Randels, MAYOR ATTEST: Angela M. Apperson, Assistant City Name Manager/City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Approved as to Form: Betty Walsh Anthony A. Garganese, City Attorney For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2012 Item No. Subject: Adopt Resolution No. 2012-23; appointing Members to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Bruce Collins and John Price) Department: Legislative Summary: On August 23, 2012, the Planning and Zoning Board interviewed applicant(s) Bruce Collins and John Price for vacancies. By unanimous vote, the Board recommended that the applicants be appointed by the City Council. After having conducted an interview at tonight's meeting of the applicants, it is now incumbent upon the City Council to appoint them to the Planning and Zoning Board, Following City Code Sec. 2-171(f) it is necessary for City Council to appoint these Members to terms of less than three (3) years in order to stagger the terms of the entire Board. Mr. Collins' and Mr. Price's terms will expire on September 16, 2013 and as such will not be subject to the new term limits set by City Code. Submitting Department Director: Angela Apperson Date: 09-6-2012 Attachment; Resolution. No. 2012-23 Financial Impact: None Reviewed by Finance Director: John McGinnis `bate: 9 Ll 0 c3a t The City Manager recommends that City Coun l tako the followi g action(s): Adopt Resolution No. 2012-23. Approved by City Manager: David L. Greene Date: I City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-23 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Members to said Board; and WHEREAS, it is necessary for the City Council to appoint these Members to terms of less than three (3) years in order to stagger the terms of the entire Board as per City Code Section 2-171 (f). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Bruce Collins and John Price are hereby appointed as Members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with terms to expire on September 15, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of September, 2012. (Signature page follows) City of Cape Canaveral, FL Resolution No. 2012-23 Page 2 of 2 ATTEST: Rocky Randels, MAYOR Name For Against Angela Apperson, Assistant City John Bond Manager/City Clerk Bob Hoog Buzz Petsos Approved as to Form: Rocky Randels Betty Walsh Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2012 Item No. I Subject: Approve a one year extension of the Professional Services Agreement with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344. Department: Public Works Services Summary: This Contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease, and weed control of turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. In general, Staff is very pleased with the services provided by Black's. Black's unit prices have not increased for FY 20122013. Pest control services for all City buildings currently provided by Black's are also included in this Contract - annual pest control costs are $3,720. Thus, the total cost for all services is $41,344. Bid tab sheets which detail the proposed costs/services to be provided by Black's for FY 2012- 2013 are included in Attachment A. The Professional Services Agreement between the City and Black's provides for one year extension(s) - the latest extension expires on September 30, 2012. The Fifth Addendum to the Professional Services Agreement (see Attachment B) extends the period for one year to September 30, 2013. Submitting Department Director: Jeff Ratliff J�YVL Date: 09/10/12 Attachment(s): Attachment A - FY 2012-2013 Bid Tab Sheets Attachment B - Fifth Addendum to Professional Services Agreement Financial Impact: Funds have been budgeted for this Agreement Addendum. Reviewed by Finance Director: John. McGinnis 4 Date: / 1/?, 0/ The City Manager recommends that City Counc# take khe following a do (s): Approve a one year extension of the Professional Services Agreement with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344. Approved by City Manager: David L. Greene 0 -4-1� Date: 2 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain •,; , `�. 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PROFESSIONAL SERVICES AGREEMENT THIS FIFTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Fifth Addendum") is made and entered this day of , 2012 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose Principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City„), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") and First, Second, Third and Fourth Addenda thereto; and WHEREAS, the Fourth Addendum is scheduled to terminate on September 30, 2012; and WHEREAS, the City and Contractor desire to extend the term of the Agreement, as amended by the First, Second, Third and Fourth Addenda, as set forth herein. WHEREAS, this Fifth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2012 and terminating on September 30, 2013. ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. Fifth Addendum to Professional Services Agreement City of Cape Canaveral J Black's Spray Service, Inc. Page 1 of 2 IN WITNESS WHERE OF, the parties hereto have executed this Fifth Addendum as of the day and year first above written. Attest: By: Angela Apperson, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. M David L. Greene, City Manager CONTRACTOR. Black's Spray Service, Inc., a Florida corporation. M Print Name: Title: Fifth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2012 Item No. � Subject: Approve the Professional Services Agreement with JB's Lawn Control, Inc. in the Amount of $181,058 for Mowing/Maintenance of City Landscaped Areas, Rights -of - Way, Water Reclamation Plant, and Lift Stations and the Mowing/Slope Mowing of the Central Ditch and Other Areas for FY2012-2013. Department: Public Works Services Summary: Public Works Services recently re -bid for mowing and landscape maintenance services. The re -bid was done because additional tasks are now required by the City such as slope mowing of stormwater ponds (Manatee Park and the wastewater treatment plant), maintaining the Ridgewood Streetscape, additional mowing requirements at several sports fields, etc. The current contractor is Nick's Professional Landscape Maintenance, Inc. The City advertised this bid opportunity on August 9, 2012 by posting a legal ad in the Florida Today newspaper. All five (5) bid submittals were received and publicly opened at the City Clerk's office on August 30, 2012. The Bid Review Team, consisting of three Staff from the Public Works Services Department, analyzed the bid submittals and recommends that the City contract with JB's Lawn Control, Inc. (JB's) for the next year of mowing and landscape maintenance services. JB's provided the lowest bid in the amount of $181,058; the next lowest was provided by Lawns by Scott in the amount of $199,307. Staff interviewed JB's Staff in Titusville and believes that they are capable of performing the project tasks. Reference checks (including Brevard County) and contact with local contractors also revealed positive responses concerning JB's. The Contract Period is October 1, 2012 to September 30, 2013. Five, one-year renewals are allowed based upon the quality of services provided and if approved by both the City and Contractor. Bid review documentation is included as Attachment #1. The proposed Agreement is included as Attachment #2. Submitting Department Director: Jeff Ratliff l�*� Date: 09/05/12 Attachment(s): #1 — Bid Review Documentation; #2 — Professional Services Agreement Financial Impact: Funds are provided from (1) Infrastructure Maintenance (General Fund), (2) Leisure Services (General Fund), (3) Library Fund, (4) Wastewater Fund and (5) Stormwater Fund. The total amount budgeted is $197, 782. Reviewed by Finance Director: John McGinnis g Date: The City Manager recommends that City Council take the fgllowing action{ Approve the Professional Services Agreement with JB's Lawn Control, Inc. in the Amount of $181,058 for the Mowing/Maintenance of City Landscaped Areas, Rights -of - Way, Water Reclamation Plant, and Lift Stations and the Mowing/Slope Mowing of the Central Ditch and Other Areas for FY2012-2013. Approved by City Manager. David L. Greene & _V-� Date: `7 !f /Z City Council Item No. Page 2 of 2 Meeting Date: 09/18/2012 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain M17 4 d C/3 o w 0 oCfi �. O O 01 N LO d O . tq Cd b9 b4 w _ cu H U � U Q U 6J Cd U b 4- U b 0 z f � U Pl- M r- h h til; CJ Ln f-1 q r i r3 N rh c'1 O r V cn y l� Q V U � r G m y ^. S cr a d U CJ d � Ci c to GS LD r,-) 'v c'S IX) rn Q w - Q : z r/) � t cc Q ro t u) tn Lo Lr) ry) CVC O i V in E 0 10w ® Q [ cr, c c cq6h y G as co� U Q r� b � .ix.. aim FL C �,,yy c e] � � o � a ei to In r1 kn n M (n �n cst C7 � 67 rz im `a "F 0 3 i •l CZ ++ J13's LAWN CONTROL, INC 3S2t� 3655 S HOPKINS AVENUE TITUSVILLE, FL 32780 PHONE (321) 268-3674 * FAX (321) 268-1375 www.jbsiawncontrol.com Cit} Cape Canaveral PO Box 326 105 Polk Avenue Cape Canaveral, Fl. 32920 August 291", 2412 To wn-ho€n it maws concern, We present this introduction as Out' letter of interest in consideration for Bid #2012-01. MowvingfMaintenance of City Landscaped Areas, Rights of Way. Writer Reclamation Plant and Lift Stations as well as the Mowing of the Central bitch and other areas designated by the City of Cape Canaveral. JB's Lawn Control, Inc., has been in the landscape business since 1993 and serves Brevard County area municipalities. JB's Lawn Control, [tic. has grown to service the Fast Central Florida Region consisting of twelve Counties. The company is comprised of Landscape Division that provides maintenance to existing properties, design andlor installation of new landscape materials and sod. The Irrigation Division provides routine maintenance and installation of new systenns. Some of our accomplishments include new hone sites and common area landscape and irrigation installs at the Walkabout Golf Community located in Minis in North Brevard for Charles ball Construction, now business landscape and irrigation installation at Hen's Kayak in downtown Titusville for Brevard Constructors and landscaping of Space View Park, a ncwv purl: area andgreen space.. for the city of Titusville. All of' our company senior management staff have SLJCCessfully passed the Greeny Industry Best Management Practices course and received certificates of completion_ We are FMOT certified, licensed by the State of Florida in several categories of pest control- certified commercial fertilizer applicators, certified in smart watering irrigation and. CPR certified. Sonne of our senior staff sits on committees for the St Johns River Water Management District and one employee is the. current President of the Association of Horticultural Professionals. We are members of the Florida Farris Bureau, Florida Irrigation Society:' and Florida Nursery Growers and Landscape Association. We have staffed our grew chiefs and supervisors with the latest in wireless interne€ access and our communications consist of Sprint/Nextel two way and telephone capability-. We loot: for,,vard to serving tine community of Cape Canaveral, Sincerelw. Janne H. Burke, 11 President DD NY) f 1I 1Y', ,iw. ..5/12J112 U THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CEf3TIF€CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AtdEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWI=EN THE ISSU€NG INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER. ANO THE CERTIFICATE HOLDER. IMPORTANT, It the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in ileu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE _ PAyCHEX INSURANCE AGENCY, INC. CUSIPANY 150 SAWGRASS DRIVE A ILLINOIS NATIONAL INSURANCE COMPANY ROCHESTER, NY 14624 ---- -.-_ _. 877-266-6850COMPANY -z6s-6s5D I B INSURED —__ Paychex Business SoMlons, In C. i =Ip NY JS Enterprises Of Titusville Inc BUCKS LAWN MOWER SHOP COP AYY 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 _ VERAiE$ :' GRTIICATBI[iMBER R►ISigliiHUMBER. � THIS IS TO CERTIFY THAT THE POLICIES OF IN , SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH#CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRiBED HEREIN IS SUBJECT TO ALL THE TERMS, .coi �_ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REO^—U;C-ED BY PAID CLAIMS. POLIC_Y TIVE 3 EFFEC TYPE OF INSURANCE LTTJ POLICY NUMBER POLICY EXPIRATION DATE (MM/DDIYYi DATE (MMMDIYY) LIMITS GENERAL LIABILITY 1 GENERAL AGGREGATE s COMMERCIAL GENERAL LIABILITY I PRODUCTS- COMWOP AGG $ i CLAIMS MADE� ��. 6COUR - I R— PERSONAL d ADV INJURY _ ,- S OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE S FIRE DAMAGE (Arty One fire) S -- j![ I I MEO EXP (Any one person) S `�— AUTOMOBILE LIABILITY f ANY AUTO j COMBINED SINGLE LIMIT s €..__ ALL OWNED AUTOS - SCHEDULED AUTOSI Ii BODILY INJURY sr _ L1^,-_. L- (Per ppen) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY {per acadenll S PROPERTY DAMAGE � 5 3 GARAGE LIABILITY J ANY AUTO AUTO ONMY - EA ACCIDENT 5 OTHER THAN AUTO ONLY: EACH ACCIDENT 5 r AGGREGATE S EXCESS LIABILITY 3 EACH OCCURRENCE 5 UMBRELLA FORM AGGREGATE --- s I OTHER THAN UMBRELLA FORMWORKE I S I COMPENSATION PEN ANo ji 020558387 06101112 06/01/13 o EMPLOYERS'LIABLIrY 1i Ex+ioviA_E�_ LACH ACCIDENT S 1.000ADO,OO EL DISEASE - POLICY LIMIT S 1,000,000.00 j EL DISEASE • FA EMPLOYEE. S 1.000,0.00 OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES {AIIeth ACORD 167, Additianpl Remarks Scheduio, If more space Is roquFradl Worker's Compensation Coverage is provided to only those employees leased to, but not siboontractars of She named insured. CERTIFICATE ROL DER . CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI-r'N THE POLICY PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD PWC VACORD CORPORATION 18811: HeatWBenerAs Print (late: June 12. 2012 JI3SLA-1 OP ID: TO CERTIFICATE N— LIABILITY ANS E OATS #MMIDDfYYYY) 06112/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les� must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this: certificate does not confer rights to the certificate holder In lieu of such andorsementis). PRODUCER 407.868-0962 SIHLE INSURANCE GROUP, INC. 407-774-0936 P, O. BOX 16039 t3 ALTAMONTE SPRINGS, FL 32716 Barbara E. Bachelor E; RachelDobbs PH NE 407-389-6482 I — INC No, �stf: —.� (AIC, Not: 40 7-389-3560 ADDRESS: ftsihle.Cam— noo --e — — ---- -_ _ INSURERS AFFORDING COVERAGE j NAIC D _ -- INSURERA:TraVeler5 Propeq $ Casua Ity j36161 � - � _ �—.........— INSURED JKs Lawn Control, Inc. 3655 S. Hopkins Avenue Titusville, FL 32780 INSURER B: Travelers indemnity C4. 25666 INsuRER o - 04175/12 04125113 PRENUSES EIE TO �oeCurT0C" 300,00 . rhrtC: Trip (AM1f Caw OdrSCn) 3 5,00 £NSLtRER F ..-.-� COVERAGES CERTIFICATE NUMBER: i2IZ-VISI(]N Nllmkl=17� THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDrrIONS OF SUCH POLICIES. LIMITS SHOWN_ MAY HAVE BEEN REDUCED BY PAID CLAIMS, WSR TYPE OF INSURANCE POLICY NLFMeER _ — Y-- FSRlO AfmY LIMr75 GENERALL,IABILFTY ERC-1OCLJRPENCE c 1,000,0U A 'x v Ate=rtClk >;EtTED aERa, ,trEIL€rr 1.680-8884W660-TII_-12 04175/12 04125113 PRENUSES EIE TO �oeCurT0C" 300,00 . rhrtC: Trip (AM1f Caw OdrSCn) 3 5,00 ..-.-� ! PERSONAL & AO -1 w.URr s 1,000,00 2,000,00 G_r 43G RE AIE LIM T AF«LIES FEt' j�°,,='- X I'rat7GElC75.f0u.1.0`rI+GG S 2,000,00 AUTOMOBILEC3A81L1TY - OMErNECI S NGLE LIMIT E3 amdot $ PnOCY INJURY (Par pmo, ) s I` ALL OVJNcG ALTOS � AuTSG ' Nor-.jWNEC° Ec'A_rcj5 AUTLSC I 603}!.Y ITf i RY fist S.`[Idcpit S --ry Att.A- I $ UMBRELLA LIAR ][ r,_€..R aRS.NLF 5 4,000,00 X EXCESS L1As CLrtda.raG EX -313D0389-12.42 04125112 04125113 AC+IrRI3ATE 1 4,000,00 OED ` X I RETENTIONLs WORF(ERS COMPENSATION vvC STMT IF. 4TH AND EMPLOYERS" LIAOIUrt E � EACH AGC€CDiT Q rr�,G'wutETi�R='AF:itdER;c}In..Vlfli Y- , CERN ER EXCLLC-E PN 6Pr WE 1 A � E� CSEASE-SA 5 EMP�CsYEE (Mandatory lir NH) .. I i �, I' yes, dascr«v urdet ...-_. _,_.__..--_:....,......__.,..,_- PIEKPIPTION C'p OPERATI 3'!5 E CI_EASE - FOLtCY UMIT i I I j I I 3 � I DESCR£PT€ONOF OPERA.nONSTLOCATIONS iVEHCLES (A(tach ACORD 101, AddltlOrral Remarks schedule. It more speco isregWrtd) 13RECVIE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE rese ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD YEARS OF JBS LAWN CONTROL ROSTER 08/29/12 EXPERIENCE LAST FIRST POSITION 20+ YEARS BURKE JAMES OWNER 20+ YEARS BURKE BABETTE OWNER 20+ YEARS BELT DAVE SR SUPERVISOR 7 YEARS MONTGOMERY SHERELD OFFICE MANAGER 5 YEARS ROBINSON JOSH FIELD SUPERVISOR 4 YEARS WHEELER BRANDON CREW CHIEF 10+ YEARS BUTLER BRIAN CREW CHIEF 4 YEARS STRAUB DAVID ASST CREW CHIEF 10+ YEARS OLIVER MIKE LEAD 4 YEARS PITTMAN ANDREW LEAD 2 YEARS SEMELROTH KAMERON LEAD 2 YEARS BUCKLEY JOSHUA LEAD 2 YEARS ANDERSON JAMES LEAD 2 YEARS OSBOURRNE DALTON LEAD 2 YEARS COOK CHAD LEAD 2 YEARS SKIDMORE KENNETH LEAD 1+ YEAR HOBBS KENNETH TEAM MEMBER 1+ YEAR STREBER JOHN TEAM MEMBER 1+ YEAR BROADDUS CHRISTOPHER TEAM MEMBER 1+ YEAR CULBERTSON KENNETH TEAM MEMBER 1+ YEAR SCOTT RICHARD TEAM MEMBER 1+ YEAR SELPH NATHAN TEAM MEMBER 1+ YEAR CARMICHAEL RYAN TEAM MEMBER 1+ YEAR CHILDRESS PAUL 'TEAM MEMBER 1+ YEAR BIDWELL JEDIDIAH TEAM MEMBER PARTTIME FORLAND COREY TEAM MEMBER PARTTIME COSTA ALEXANDER TEAM MEMBER PART TIME BAKER TROY TEAM MEMBER PART TIME CONLEY CHRISTIAN TEAM MEMBER PARTTIME TIBBETS JESSE TEAM MEMBER PARTTIME TERRELL DALTON TEAM MEMBER PARTTIME CASH ALEXANDER TEAM MEMBER PART TIME STRICKLAND FORREST TEAM MEMBER J.B'S LAWN CONTROL, INC. PHONE (321) 268-3674 * FAX (321) 268-1375 3655 S. H01-K1NS AVE:.. TlTt1SVlI.LE. FL. 32780 E-MAIL: ibslawiicoiltrol(iz),Yalioo.coni This policy will outline the details of the Drug t=ree Workplace Policy. This policy applies to all employees and management. Dear Employee: The illegal use of drugs and the abuse of alcohol are problems that invade the workplace, endangering the health and safety of the abusers and those who work around them. This company is committed to creating and maintaining a workplace free of substance abuse without jeopardizing valued employees' jab security, To address this problem, our company has re- developed our original DRUG F=REE WORKPLACE policy regarding the illegal use of drugs and the abuse of alcohol that we believe best serves the interests of all employees. Our policy formally and clearly states that the illegal use of drugs or abuse of alcohol or prescription drugs will not be tolerated. As a means of maintaining our policy, we have implemented pre- employment and active employees drug testing. This policy was designed with two basic objectives in mind: 1. Employees deserve a work environment that is free from the effects of drugs and the problems associated with their use. To assist us in maintaining a safe and healthful workplace, we have created an Employee Assistance Program (EAP). The EAP provides employees and their families confidential assessment, referral and follow-up for personal or health problems. 2. This company has a responsibility to maintain a healthy and safe workplace. To assist us in providing a safe and healthy workplace, we maintain a resource file of information on various means of employee assistance in our community, including but not Limited to drug and alcohol abuse programs. Employees are encouraged to use this resource file, which can be provided on demand. In addition, we will distribute this information to employees for their confidential use. An employee whose conduct violates this company's substance abuse policy (and who does not accept the help we offer under the EAP) will be disciplined up to and including termination. I believe: it is important that we work together to make this company a drug free workplace and a safe, rewarding place to work. Sincerely, James H Burke 11 Owner DRUG FREE WORKPLACE PROGRAM DRUG-FREE WORKPLACE PROGRAM This policy will outline the details of the Drug Free Workplace Policy, This policy applies to all employees and management. JB's Lawn Control Inc is a DRUG FREE WORKPLACE and is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any JB's Lawn Control Inc employee illegally uses drugs on the job, comes to work under the influence, possesses, distributes or sells drugs in the workplace or abuses alcohol in the job. Therefore, JB's Lawn Control Inc has established the following policy: 1. It is a violation of company policy for any employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on the job. 2. It is a violation of company policy for anyone to report to work under the influence of illegal drugs or alcohol. 3. It is a violation of company policy for anyone to use prescription drugs illegally. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.) 4. If drugs are found in the employee's system at or above threshold levels, the injured employee may not be entitled to workers' compensation benefits. An employee who loses a job or is denied employment as a result of a positive druglalcohol test, may not qualify for unemployment compensation benefits. 5. Violations of this policy are subject to disciplinary action up to and including termination. The Florida Law which gives the employer the authority to require drug testing can be found in Section 440.102 of the Florida Statutes, A copy of this statute is available upon request. It is the responsibility of the company's supervisors to council employees whenever they see changes in performance or behavior that suggest an employee has a drug problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employees to seek help and advise them about available resources for getting help. Everyone shares responsibility for maintaining a safe work environment, and co- workers should encourage anyone who has a substance abuse problem to seek help. The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive and drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs and the abuse are incompatible with employment at JB's Lawn Control, inc. DRUG FREE WORKPLACE PROGRAM The use of drugs and alcohol are strictly prohibited. It is a violation of our drug-free workplace policy to use, possess, seli, trade, and/or offer for sale alcohol, illegal drugs or intoxicants. Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices. The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our drug-free workplace policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur. I hereby consent to drug testing, as required, for the purpose of job applicant testing, post -accident testing, reasonable suspicion, follow-up testing, routine fitness -for -duty testing and/or random testing. I understand positive results of the DRUG FREE WORKPLACE TESTING may cause me to be ineligible for employment, or, if already employed, may cause me to be terminated based on company policy. I hereby consent to submit to urine, blood or body specimen collection as determined by the designated Collection Site and its representative. The specimen(s) shall be transferred to a LICENSED LABORATORY authorized to perform DRUG FREE WORKPLACE TESTING under Chapter 112, Florida Statutes, The LICENSED LABORATORIES may include, but are not limited to, Labcorp Occupational Testing Services (License number T005), Quest Diagnostics, Inc (License number T029), and Quest Diagnostics Clinical Laboratories (License number T017). Test results will be forwarded to the certified medical review officer (MRO) that is responsible for: 1. Interpreting the drug test results. 2. Contacting the employee if the drug test is positive. The MRO is required to contact the donor who has confirmed positive test result before reporting the results of the test to the employer. 3. If the donor has a plausible explanation for the test result showing positive, as determined by the MRO, the MRO will report the test result as negative to the employer. All information, interviews, reports, statements, memoranda and drug test results received by JB's Lawn Control Inc are considered confidential information. All information produced as a result of testing remains confidential unless the employee authorizes the release by written consent. The only exceptions to this are (1) when such a release is compelled by a hearing officer or a court of competent jurisdiction, and (2) for determining qualification for unemployment compensation benefits_ Please DRUG FREE= WORKPLACE: PROGRAM note: Information on drug testing shall not be released or used in any criminal proceeding(s) against the employee or job applicant. The employee drug testing information may be used for consultation with legal counsel in connection with actions relating to defense of a civil action. Below is a list of the most common medications, by brand name and/or common name, as well as by chemical name, which may alter or affect a drug test. Due to the large number of obscure brand names and constant marketing of new products, this list, as follows, is not intended to be all-inclusive. Alcohol All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof). Amphetamines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine, Fastin. Cannabinoids Marinol (Dronabinol, THC). Cocaine Cocaine NCI topical solution (Roxanne). Phencyclidine Not legal by prescription. Methaqualone Not legal by prescription. Opiates Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc. Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, Methadone Dolophine, Metadose, Propoxyphene Darvocet, Darvon N, Dolene, etc. DRUG FREE WORKPLACE PROGRAM If a job applicant refuses to submit to pre-employment drug testing, that applicant will no longer be considered eligible for hire at JB's Lawn Control Inc. The applicant may reapply after six months and must successfully pass a pre-employment drug test. One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek Delp with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. If an employee violates the policy, they will be subject to progressive disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabilitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. Refusal to submit to drug testing for post -accident testing, reasonable suspicion, follow-up testing, routine fitness -for -duty testing and/or random testing will result in immediate termination, since by law, refusal to submit to a drug test is presumed to be a positive test result. JB's Lawn Control, Inc recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy encourages employees to seek help if they are concerned that they may have a drug and/or alcohol problem. See appendix A for a list of Employee Assistance Programs in our area. Treatment for alcoholism and/or other drug use disorders is not covered by the employee benefit plan. It may be covered thru the health insurance policy. However, the ultimate financial responsibility for recommended treatment belongs to the employee. Any employee or job applicant who is notified by the MRO of a positive confirmed test result may contest the result to the MRO within 5 working days after received notification of the test result. If the employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO may report a positive test result back to JB's Lawn Control Inc. The following list dives the drugs which JB's Lawn Control Inc tests for. Due to the ever changing face of street drugs, this list, as follows, is not intended to be all- inclusive, Levels on initially screened urine specimens which are equal to or exceed the following shall be considered to be presumptively positive and submitted for confirmation testing. Amphetamines 1,000 ng/mL Cannabinoids (11 -nor -Delta -9- 50 ng/mL tetrahydrocannabinol -9 -carboxylic acid) Cocaine (benzoylecgonine) 300 ng/mL Phencyclidine 25 ng/mL Methaqualone 300 ng/mL Opiates 2,000 ng/mL Barbiturates 300 nglmL DR€.Ifs FREE WORKPLACE PROGRAM 6 Benzodiazepines 300 ng/mL Methadone 300 ng/mL Propoxyphene 300 ng/mL "SIZ14 1:71'. sl IMPORTANT PHONE NUMBERS NATIONAL. ASSISTANCE AIDS Treatment information Service 1-800-448-0440 AI-anon/Alateen Family Groups 1-800-3569996 Alateen 1-212-302-7240 Alcoholics Anonymous 1-800-252-6465 American Council on Alcoholism Helpline 1-800-627-5344 800 Cocaine (Information & Referral Hotline) 1 -800 -COCAINE Nar-Anon Family Group Headquarters 1-310-547-5800 Narcotics Anonymous 1-818-773-9999 National Council on Alcoholism & drug Dependence 1 -800 -NCA -CALL Partership for a Drug Free America 1-212-922-1560 STATE ASSISTANCE Drug/Alcohol Abuse Helpline (24 hours) 1-800-362-2644 Drug Abuse, Alcoholism & Cocaine (toll free) 1-800-333-4444 Drug/Alcohol Abuse & information (24 hour EMERGENCY) 1-850-487-2930 Drug/Alcohol Abuse (24 hour Crisis line & Treatment) 1-800-283-2600 Florida AIDS Hotline 1-800-352-2437 Q) U) 0 V LO d r_ Mow o 0 E 0 A m 4 >j m U � m � p Ln 0 3E E p ci U m V m N 0 LML U Q) U) 0 V LO d r_ Mow o 0 E 0 A m 4 >j U m h- P p Ln 0 3E E p m N 0 LML U V to a D o m V C � � ❑, m o m @ O C3 t� CI`s VY a to 0 to c? Q) U) 0 V LO d r_ Mow o 0 E 0 A m 4 m h- P p � 3E E p m m h- P p X E p m to a D o m V � � ❑, m o m @ O VY to 0 to w FSor'sda C]ei>artmenx of A riculttlre ' n Consumer Services Pesticide Certification Office Commervial Applicator Lk"Is4 License #1 £:M20033 I1'i"4"s{3i �Rk, :iH1,RALDC wics N,iMMOCK RV (' til il,E.l . Ft 32796 rd: Set) ren1ber 21, 2009 Expires: 5ckilcinklcr i(Y, Id t;' 11€1ren3n3�see CIIARLGS kl. RRCII�SON. ('gh1y1155iOtil:ll-., uvc iudiiiQuaF is 3etcnscvl woCcr the g5losl+ia:=� otCliaplcs S6i. F.5 €01rwclr�sr uud �igol� ciirfrs vl u..c ,t. i GREEN INDUSTRIES BEST MANAGEMENT PPACTICES TRAINING PROGRAM 02 k 0 0 44 Ff) � Ak 0 0 :9 z aw �r aha. n *+w 9° 0 R C° Uo °ate �, �Qu.3 a�� �a ► w w`U-) xVtz x soh �� z� � } C :. c � ƒ <=> \H<.� r 0 00� # . \ \ $'evi $ CD 2 �/ q Ea E 5= 3: /� k7 0 77 )f 90 _e % m 7 Q Q � Q � � / ± City of Cape Canaveral Purchasing Agent Phone: 321.868-1234 ., P.O. Box 326 Fax: 321-8681248 945 Polk Avenue Cape Canaveral, FL 32920 r `°"•"� VENDOR LIST APPLICATION The following constitutes a request by the applicant vendor to be placed on a list of those to be considered for solicitations to furnish indicated commodities and/or services to the City of Cape Canaveral in the State of Florida. Applicant's Business Name Mailing Address,3ej,5Y J&j Lown (b -3f -C -r/JU601 1 t_q 01. _3) 7 Y Federal TaxID# � f � t [j � � Physical Address Phone 115,4Err1-��1 /3r75 r7 E-mail address. 1 J , 01 Cid f=ax # 1 Type of Organization: Individual Corporation State Partnership Name of Officers Pr4_a—e� M4 ��i Vice President Secretary Treasurer Owner or Partners Affiliates/Parent Company Persons Authorized To Sign Bids, Proposals and Contracts ...:. Name. t�fcial C `aci Telephone;Number . MG m)w MV&may Please tiiesignaie the" tegary(s) of products'or "seiMd6s yai) prodlde. Advertising & Marketing Service Human Resources Building - Including Supplies and Equipment Legal and Related Services Building - Maintenance and Related Service MowinglProperty Maintenance Communication Equipment and Services Office Supplies Computer Equipment and Services Office Furniture Construction - Water and Sewer Printing Construction - Building Safety Equipment and Supplies Construction - Streets, Sidewalks and Drainage Tools - Hand Construction - Equipment Tools - Power Consulting - Engineering Uniform Services Consulting - Specify._ _ Vehicles and Related Equipment Finance Other: licensesocal Business Tax Receipt, State, etc.) and any certifications your business Please provide a copy of all may have: Complete o and attach any additional information you wish to provide. Listing will remain active for two (2) years. A new application will be required it inclusion on future vendor lists is desired. C ok Form WWO Request for Taxpayer Give Form to the ,Rev. December 2011) Identification Number and Certification requester. Do not 0epanment of the Treasury send to the IRS. Miernal Revenue S.I. Name,as shown on your income tax return) JBS LAWN CONTROL INC N Business name/disregarded entity name, if different from above t rn m a Check appropriate box for federal tax classification: O ❑ Individual/solo proprietor ❑ C Corporation [Z S Corporation ❑ Partnership ❑ Trust/estate � ❑ Exempt payee Oi (C=C corporation. SwS corporation, P-artnershi l1E]Lmitad liability Cam any Enter the tax classification ____________________ C !y u ❑ Other (see instructions)► IE Address (number, street, and apt, or suite no.) Requester's name and address (optional) U COL 3655 S HOPKINS AVENUE En city, state, and ZIP code 03 TITUSVILLE, FL 32780 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number backup withholding. For individuals, this is your social security number However, for a re ident n page resident alien, sole prpprletor, or disregarded entity, see the Part I instructions on page 3. For other — M T entities. it is vour emolover identification number (EIN). If you do not have a number, see HOW to oet a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose i tmpioyer saenuncniion numcer i number to enter. 5 9- 3 2 5 4 8M-51 13M Certification Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. i am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the €R5 has notified me that I am no longer subject to backup withholding, and 3, i am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisitlon or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the cenificatlon, but you must provide your correct TIN. See the instructions on page 4. SignI Signature of / Hera a S, persan � `\ Data s General Instructions- Section nstruct€ons-Section references are to the Internal Revenue Code unless otharwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cance(iation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a revdent aiien), to provide your correct TIN to the person requesting !t (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. If a requester gives you a form other than Form W-9 to request your TIN, you most use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U,S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, b An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-4 Special rules for partnerships, Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding it you are a U.S. exempt partner in a partnership conducting a Crede or business In the Unity payee_ If applicable, you are also certifying that as a U,S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W- (Rev. 12-2011) 's LAWN CONTROL, INC 3655 S HOPKINS AVENUE TITUSVILLE, FL 32780 PHONE (321) 268-3674 * FAX (321) 268-1375 jbslawncontrol@yahoo.com Brevard County Board of Commissioners Lawn & Landscape Maintenance for SR 520, Humphries to Peebie Bridge & SR 3, including all medians & right-of-ways Beginning Contract Date 10/01/2009 Ending Contract Date 02/2012 Representative Loren Rapport Telephone 321-433-4440 Fax 321-433-4445 Services include Mowing, Trim/Pruning/MOT/Fertilization/Herbicide Dixie Crossroads 1475 Garden Street Titusville, EL 32780 Re -landscape job including pond work Beginning Contract bate 2005 Ending Contract Date 2006 Representative Clay Townsend, Lauralee Thompson Telephone 321-268-5000 Fax 321-268-3933 Services included renovations to landscape areas and remodel of fish pond, including water features Park Avenue Baptist Church 2600 S Park Avenue, 1651 S park Avenue Titusville, FL 32780 Beginning Contract Date August, 2006 Ending Contract Date Open Representative Bobby Lanthorne Telephone 321-267-6702 (cell) 321-863-4755 Fax 321-383-1741 Services include Mowing, Edging, Line Trim, Blow off, Weeding, Round -up Homeowners of LaCita 3749 OakHill (toad Titusville, FL 32780 Beginning Contract Date 1995 Ending Contract Date Open Representative Norm Herman Telephone 321-267-1300 Fax 321-267-1300 Services include Mowing of right-of-ways, Trim/Pruning/Irrigation/f=ertilization (MOT not required) JB's Lawn Control, Inc. PHONE (321) 258-3674 " FAX (321) 268-1375 3655 S. Ilopkins Ave., `Titusville. FL 32780 I -MAIL: jbsla,�vneontrol d;Yahk)o.com TRADE REFERENCES CENTRAL PUMP & SUPPLY 2400 W KING STREET COCOA, FL 32926 CONTACT: RANDY POPP TELEPHONE: 321-576-0565 Ext 16 FAX: 321-576-0553 NORTH BREVARD TIRE 1004 S WASHINGTON AVENUE TITUSVILLE, FL 32780 CONTACT: RICK SIMSEK TELEPHONE: 321-267-4000 FAX: 321-267-3007 THE LAZY SAGO NURSERY 1220 E OSCEOLA RD GENEVA, FL 32732 CONTACT: ROY SEGEBARTH TELEPHONE: 800-821-4648 FAX: 407-349-2000 v co iv 0 r NC? C? usco 0 0 N N N N rt? r r r 0 r r r OOQ N N cV O N D 1� 44c7 N cY [V QQ N N M C) CD h M n C) N n P Q O N N cv Q N b N 0 0 0 N N N a h z N N U) 0 Y-0 M Z U < �Q W U�11 OAU) F -m r� 0�an`rax CL ;°0w �m�ca.�c LU w W o m IL 0 U = Q m co z O M � � M M� F� x �o r a UF- Z U UU 00 l Z:ZZ U Q OQL3T z §W;z0 `Z S(ryw a_ w ww(D u! 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C? usco 0 0 N N N N rt? r r r 61 p P P 00000OQayco N N N p N N p p O Q Cil 4 04 t+•i--i�ol-_tira0 N CV N t� h N N N N N N N U) U < Ow oCL W L 00 le o m IL 0 Z Z z 0 ��d Caw Iw1.tw UF- 0 000 zm�mrn 0w-Jp�-1 tf Lx (1) uo[ �QZQ �L J :32 EL !i Ua� d LY F- W J H w LU C9 w x Q 0w � WWOWwMw E- UO > � COF-'Q �Z XF-IX �q ` h- C7 oa � 12 Qmi� LUL'ofCUA. _Z ..1 GUit u1 ao 0� OO� w w "cvx�a0coU) � v co iv 0 r NC? C? usco 0 0 BREVARD COUNTY PLANNING AND DEVELOPMENT DEPARTMENT _, bQ LICENSING REGULATION AND ENFORCEMENT c 2725 .fudge Fran Jamieson Way, Suite A-105 Phone: (321) 633-2058 Viera, FL 32940 Fax: (321) 690-6878 www.brevardeounty.us/licensing' ` CERTIFICATE OF COMPETENCY INl THIS CERTIFIES THAT: 1 J.B.'S LAWN CONTROL INC HAS QUALIFIED AS A. IRRIGATION CONTRACTOR THIS CERTIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF BREVARD COUNTY, FLORIDA, THIS Sth DAY OF AUGUST, 2001 QUALIFIED BY: +GRANDItATHERING NICK WITEK CHAIRMAN, BREVARD COUN'T'Y CONTRACTOR LICENSING BOARD DENISE CAMPAGNA_. SECRETARY, BREVARD COUNTY CONTRACTOR UICENSING BOARD "THIS IS NOTA BUSINESS TAX RECEIPT" PLEASE VERIFYALL lNh"p MA7'f0N FOR ACCURACY _ _ _ BREVARD COUNTY IMPORTANT! CONTRACTOR LICENSING BOARD T141S IS YOUR CERTIFICATE OF COMPETENCY CERTIFICATE OF COMPETENCY DISPLAY AS REQUIRED BY LAW _.. " UNDER BREVARD COUNTY ORDINANCE CERTIFICATE NO.: EXPIRATION DATE- CHAPTER 22, ARTICLE VI IR9 0813112012 IRRIGATION CON'T'RACTOR JAMES H BURKE II J.B.'S LAWN CONTROL. INC 3655 S HOPKINSS AVE TITUSVILLE FL 32780 THE PERSONIS). OR ENTITY SELOSN: J B'S LAWN CONTROL INC 3655 S HOPKINS AV TITUSVILLE FL 32780 LOCATION. 3655 S HOPKINS AV CITY OF TITUSVILLE, FL 32780 GINNED BY: J B`S LAWN CONTROL INC_ JAMES H BURKE• I€, ;QUAL. € Mr—VRMU L,VUN€ T T UZAIVCZ�� €AA tfCt.>=13 i SUBJECT TO COUNTY ZONING RESTRICTIONS 9014199 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES BUSINESS CLASSIFICATIONS, DISC[ AIM13RS, AND RELATED FEES. BUSINESS PERIOD: OCTOBER 4, 2011 - SEPTEM13ER 30, 2012 EXPIRES: SEPTEMBER 30, 2812 IR 9 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND SREVARD COUNTY CODE ISSUANCE DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND I OR FAILURE TO MAINTAIN REGULATORY PRE-REOUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR SUBSEQUENT ACTIVITIES- IO'IF 'T{X COLLECTOR tiFxJN CLOSING OF BJ51NE55 A PERMIT IS REOUIRED TO ADVERTISE (Inducimp with signage) GOING OUT OF BUSINESS". LISA CULLEN, CFC, Brevard County Tax Collector P 0 Bax 2500, Titusville, Florida 32781-2500 (321) 264-6910 UPON A CHANGE X- OWNERSHIP OR WCATION, BUSINESS TAX RECEIPT SHOULD SETRANSFERREDVr'ITHtN 30 DAYS. EXEMPTIONS: NON EXEMPT $.00 $37.00 RCT. NUM TILL DATE AMT PAID PAID -9361553.0001-13001 HST08l0712011 37.00 BRANCH OFFICES: Merritt Island Office, 1450 N. Courtenay Pkwy, Merritt Island, FL 32953 Melbourne Office, 1515 Sarno Bond, Melbourne, FL 32935 Palm Bay Office, 450 Cogan Dr. SE. Palm Bay. FL 32909 MAIN OFFICE: 400 South St., 61h Floor, Titusville, FL 32780 (321)264-6910, (321) 633-2199, ext. 46910 STR.TXACPT-94 PENALTY 300390 LANDSCAPE: CONTRACTOR 300650 IRRIGATION CONTRACTOR 470645 TREE SERVICE' 470680 YARD CARE 820005 2011 - 2012 RECEIPT AMT UPON A CHANGE X- OWNERSHIP OR WCATION, BUSINESS TAX RECEIPT SHOULD SETRANSFERREDVr'ITHtN 30 DAYS. EXEMPTIONS: NON EXEMPT $.00 $37.00 RCT. NUM TILL DATE AMT PAID PAID -9361553.0001-13001 HST08l0712011 37.00 BRANCH OFFICES: Merritt Island Office, 1450 N. Courtenay Pkwy, Merritt Island, FL 32953 Melbourne Office, 1515 Sarno Bond, Melbourne, FL 32935 Palm Bay Office, 450 Cogan Dr. SE. Palm Bay. FL 32909 MAIN OFFICE: 400 South St., 61h Floor, Titusville, FL 32780 (321)264-6910, (321) 633-2199, ext. 46910 STR.TXACPT-94 EXPIRES: September 30% 2012 ISSUED: September 06, 2011 ACCOUNT NO: 12-00001876 OVWNER NAME ANWkbDRESS BURKE, J,i't 3655 S. HOP 8 AVE. TITUSVIkk 780 �; o a • FLORIDATITUSVILLE AUTHORIZING REPRESENTATIVE; kaVsX�� -1109.20 s 891 4 8 E 8■. e 19 8 i9 ff R R O R e i m Y ri p 8 F 9 1P • A a w e IIF R R R R >A i e# 9 8 8 8 8 s 1 6 tl C C Y Y 8 tl R 19 !■ i! w tl 8 C 8 6 m R ®• @ 4 t ®R R E f R 8 THIS RECEIPT BECOMES OFFICIAL ONLY WMEN SIGNED BY Ai AUTHORIZING REPRESENTATIVE OF THE CITY OF TITUSVILLE. f!: 40 :f1 • s as F,s • A INN,�7.,.a iT JL IT �:7r�7i ft d ARES: September 30, 2012 ISSUED: September 05, 2011 ACCOUNT NO: 12-00001575 s s •WT•. TITUSVILLE •; ) LANDSCAPING 11 .,90 OEMo-: 0.6 AUTHORIZING REPRESENTATIVIE: � It tl P H E e q H F F P F 8 tl F E tl E 8 E A F R E 8 F e E P R P P H P E P g q H P P g E P A H tl E E E E H R E A P A E F 8 i E R H E E F O F II E II F F 0 E 6 E R H 6 AUTHORIZINGTHIS RECEIPT BECOMES OFFICIAL ONLY VMEN SIGNED BY Ai • -: OF Him EXPIRES: September 30, 2012 ISSUE®. September 55, 2011 ACCOUNT NO; 12-00001877 PEEP CONSPICUOUSLY POSTED AT: THE PLACE OF,.BUSINESS SHOWN INDMIDU USINIISS" NAME AND ADDRESS JB*S LA C0NTROL$ INC. MISS S HOPKINS AV TITUSVILLE FL 32750 3555 S. HIS WEE. 'I'ITUSVILLE E;=32755 - Na i w ivyd: 7*1f-i AE 04� AUTHORIZING REPRESENTATIVES �VVA � TOTAL: 109.20 [ H R, R R A P R P tl!. P p H H R F. s s R tl R o tl P tl Y H IT P P R P H P R■ H i R V 6 R H P L R 4 L F. P P /1 ! R R R H R P H R R R R P �I P it # H R R R H R F H AUTHORIZINGTHIS RECEIPT BECOMES OFFICIAL ONLY VMEN SIGNED BY AN REPRESENTATIVE t: - 44 i i ;. ': .IB's LAWN CONTROL, INC. PROFESSIONAL, SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2012 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and 3B's Lawn Control Service, Inc., a Florida corporation, whose principal address is 3655 South Hopkins Avenue, Titusville, FL 32780 ("Contractor"). WITNESSETH: WHEREAS, the City sought bids for its "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract; and WHEREAS, based on the bid specifications and contractor responses to same, the City's staff review team recommended to the City Council that Contractor be awarded bid; and WHEREAS, Contractor has the experience necessary to perform the required work for the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be perforr ed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1— RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perforin the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 — TERM The term of this Agreement shall be for one (1) year, commencing on October 1, 2012 and terminating at midnight on September 30, 2013, unless either party chooses to exercise its rights Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, Inc. Page t of 9 under Article 27, Termination. The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current tern. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U,S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period, ARTICLE 4 — AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Kay McKee, Infrastructure Maintenance Supervisor, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is Dave Belt, Supervisor, who will also serve as the Contractor's day-to-day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term or the Agreement. ARTICLE 5 -- SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $181,058 for mowing and maintenance of the certain landscaped areas of the City and of the Central Ditch, as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, Inc. Page 2 of 9 ARTICLE 7 —TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth -in -negotiation certificate certifying that the wage, rates, and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8 — INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulation now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damages resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE MININMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the fbi n of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A," and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. Professional Services Agreement City of Cape Canaveral/JB'S Lawn Control, Inc. Page 3 of 9 ARTICLE 9 — INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liability, damages, losses, causes of action and cost, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other person employed by the Contractor in the performance of the Agreement. ARTICLE 10 -- SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or Local Statues, rules or regulations. The Contractor and any subcontractor shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11— NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sec, age, national origin or physical handicap. ARTICLE 12 — DRUG FREE WORKPLACE hn accordance with section 287.087, Florida Statutes, Contractor warrants that it is a drug free workplace. ARTICLE 13 — PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction, for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 14 — EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, Inc. Page 4 of 9 negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 15 — ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16 — WARRANTS' The contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17 — INDEPENDENT CONTRATOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perforin the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLES 1S — ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold. consent provided that the Contractor provides the City with infonnation it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person representing the assignee. This information shall be provided at least sixty (60) days prior to the target date for assignment by the Contractor. ARTICLE 19 — SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under the Agreement including, but not limited to, insurance requirements, records maintenance, and audit requirements. Professional Services Agreement City of Cape Canaveral]JB's Lawn Control, Inc. Page 5 of 9 ARTICLE 20 — NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 21— CONTINGENT FEES The 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 film, other than a Bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22 -- ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principal and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractors normal business hours for a period of two (2) years after the Contractors final invoice for examination to the extent required to verify the direct cost (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prune interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Contractor of all monies owed. ARTICLE 23 -- ENTIRE AGREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are not promises or understandings other than those stated herein. ARTICLE 24 — AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, Inc. Page 6 of 9 the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendments or change order has been issued and signed by each of the parties. ARTICLE 25 — SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word., sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Jeff Ratliff, Public Works Services Director City Manager City of Cape Canaveral City of Cape Canaveral PO Box 326 PO Box 326 Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Dave Belt, Supervisor TB's Lawn Control, Inc. 3655 South Hopkins Avenue Titusville, FL 32780 ARTICLE 27 — TERMINATION This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perforin in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of terirrination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: Professional Services Agreement City of Cape Canaveral/JB's Law3t Control, Inc. Page 7 of 9 A. Stop work on the date and to the extent specified. B. Ten-ninate and settle all orders and subcontracts relating to the performance of the tenninated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28 — EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be perfonxred by the Contractor hereunder. ARTICLE 29 — REMEDIES The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30 — ATTORNEY'S )FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court cost and all expenses (including taxes) even if not taxable as court cost (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 31— SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the city shall not be liable under this Agreement for punitive damages or interest for the period before judgment. .Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, Inc. Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: Angela Apperson, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. M. David L. Greene, City Manager CONTRACTOR: JR's Lawn Control, Inc. a Florida corporation. Print Name: Title: Professional Services Agreement City of Cape Canaveral/JB's Lawn Control, I.nc. Page 9 of 9 Exhibit m 0 ai m 0. LU s ` 61 n w m 0 O 0 O 43 a O o d a O Ci O 0 O 4] 0 0 0O� 1a O pO � O e ♦ ri P ZI' '�"" T � 1"` T a o N 4&4mw ur40w man 8fir ww a 47 0 O 0 CO d 47 CY O C! 0 C! O CP 0 0 4 .. 0 G4 0 O 4 N! W) w O? O 7 40 47 r m 4 N q to tR N E7 GV N to T m P � 4 401, Vol Vi Ni v? W w V3 sA 44 cY► y JE, x p CA Q a aru aC3 ►- E O t- O�� c 'cn E v 3 m E w tA m E k� ! 1 10 �{{ 3a ISI?yy gg LLF S 3 `s 7 Q LI7 Q TV � N < > O a fR n LLJ 2i QLa 00 �e e o n O Cf a e a V © a ',?. `i ©OMQ aV' tD N- CQ N N C 0 0 1* acl w W M r ¢ • , f�f �"•" �Y ti FC Va' 2i 11 d! M 4I1, 4* to Q%, 4R 44 W uY alb to th M6 y IL Im J. n b o o n o o n c+ cs a o o c c Cl o ad. e©�}�. N M D O M r r 6 r r!' 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IR o'. 4 Q 7�m 0 o fG -Ci CJ Cr c A �t 1ff: ID W. ff! O � Q Q N !r Cl q} a-� to a� Ui Ot .. n. La 11'Y N - M W lit � YI- e' M O ON N N .M' MM ;. MMQ::..'t%MMMM: = 4a y O ¢I m Q m�LU E ac C? CM 43 Q t 4a K m w Cn CL O ¢I m Q E ac C? CM 43 Q t K m w Cn CL m O G/ rn N Q City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2012 ITEM NO. Subject: Acceptance of Annual Inspection Report - Cape Caribe, Inc. Binding Development Agreement Department: Community Development Summary: The City entered into a Binding Development Agreement (BDA) with Cape Caribe, Inc. with an Effective Date of April 22, 2010 which was modified on November 16, 2011. Section 18.0 of the BDA states the City shall coordinate with the Owner to schedule an annual review and inspection of the Property by the City to determine if the Owner has demonstrated good faith compliance with the terms of the Agreement; the Inspection Reports are attached. y Submitting Department Directors: Todd Morley and Barry Brown Date: September 6, 2012 Attachments: Cape Caribe, Inc. BDA Annual Inspection Report 2012; Allen Engineering — Stormwater Inspection Report; and Florida Department of Environmental Protection Correspondence dated March 23, 2012 and May 25, 2012. Financial Impact: Staff time to prepare Report Reviewed by Finance Director: John McGinnis mate: 91y 4 >, The City Manager recommends that City Coun§il take the following action(s): Accept the Report. Approved by City Manager: David L. Greene€VV? Date: City Council Action: [ ] Approved as Recommended [ j Dis pproved Approved with Modifications Tabled to Time Certain Cape Caribe BDA Annual Report September 6, 2012 Submitted by Todd Morley, Building 0;05,and Barry Brown, Planning and Development Dirccto�r2 This report is submitted in accordance with Section 18.0 Annum Review and Inspection Report of the Binding Developer's Agreement (BDA) entered into between the City of Cape Canaveral and Cape Caribe, Inc. on March 4, 2010 and incorporates all revisions adopted in the Modification to BDA approved on November 16, 2011. Section 'Title In Notes Com Hance? 1.0 Recitals NIA 2.0 Authority N/A 3.0 The Property N/A 4.0 Effective Date NIA April 22, 2010 5.0 Duration of Yes The Modification to BDA extended the Agreement duration from April 22, 2030 to April 22, 2035. 6.0 Revised Site Plan Yes No development permits have been issued relative to the provisions of the Revised Site Plan dated February 25, 2009, 7.0 Status of Original NIA Site flan 8.0 Development NIA Permitted on the Property 9.0 Public Facilities and N/A Services 10.0 Phased Development Yes The Modification to BDA extended the requirement to submit the building permit application to construct the first building from the non -constructed Remaining Buildings from. April 22, 2012 to April 22, 2015. No submittals have been received to date. The Concurrency Reservation date has been extended from. April 22, 2017 to April 22, 2020. 11.0 Resort NIA Ord. 406-2012 repealed all local Resort Condominium Status Condominium regulations. The status is no longer required. 12.0 Tree Mitigation and Yes Owner paid $140,000 to the tree bank in 1. Land Clearing accordance with Sec 12.1.1. A partial land clearing took place on the west 5.01 acres for the development of the parking lot depicted on the revised site plan. The trees removed for the parking lot are accounted for in the mitigation plan described in the revised site Ian, 13.0 Conservation Yes The statutory perpetual conservation Easement to City easement has been conveyed to the City. It consists of .95 acres ofnative vegetation on the west 5.1 acres, south of the new parking lot. 14.0 North Atlantic The owner has paid the City $30,000 for Avenue roadway improvements and the City has Improvements returned the $30,000 bond in accordance with section 14.0. Sections 2 and 3 of the Solana Developer's Agreement have thereby been satisfied. 15.0 Stormwater Yes 1) The Emergency Drawdown Plan Management required by Section 15.1 has been completed and. accepted. 2) Owner was unable to secure the Port's consent to use the Port's stormwater system as a permanent outfall as required by Section 15.2. Owner has submitted correspondence to the City documenting its good faith attempt to satisfy this requirement of the BDA; however, the Port indicated that it was unwilling to burden its stormwater system and negatively impact its parking, roadways and other infrastructure. Section 15.3 provides that Owner complete the stormwater modifications upon: reasonable conditions of approval issued by both DEP and the Port. Without the Port's consent for the permanent outfall, Owner cannot satisfy Section 15.2, Given Owner's good faith efforts to complete the modifications set forth in the BDA, the City finds Owner in compliance with Section 15.2. 3) In accordance with Section 15.4, Owner has submitted an inspection report by a licensed engineer, as well as the easement agreement between it and the Port authorizing the Emergency Drawdown. See attached report from Allen Engineering and DEP and the Stormwater Drainage Easement Agreement. They indicate that all existing systems are authorized, functioning properly and are being well-maintained. 16.0 Approval of Land Yes Land Use Ordinances 02-2008 and 03-2008 Use Ordinances were adopted on March 2, 2010. No appeals Re aired were filed. 17.0 Termination Yes The BDA has not been terminated. 18.0 Annual Review & Yes The Annual Report is hereby submitted. Ins ectian; Report 19.0— Sections not NIA 22,0 pertinent to this Inspection Report 22.0 Amendments Yes The original BDA was modified on November 16, 2011 in accordance with Section 22.0 23.0— Sections not N/A 36.0 pertinent to this Inspection Report July 26, 2012 Mr. Todd Morley Building Official City of Cape Canaveral 751.0 N. Atlantic Ave. Cape Canaveral, FL 32920 Re: Stormwater Inspection Dear Todd: Enclosed please locate our annual Stormwater System Inspection Report dated June 22, 2012. If you have any questions, please contact the undersigned. Sincerely, Jo Grandliclhi Vice President Enclosure Cc: Barry Brown Cope cotvalJe, 1%�C. 1000 SEnorewooA give, Sui{�e 7-00 a Cape 8.32920 e 13ZI 3282550. Foix 13Zi-78'3-5"805 www.Yo+}joxresoY�.co+� *used under 3irenge F.rnn Ran )a. Re—ij 0. - Inc. "-rngineermy Inc. f' Mr. John Crandlich, Vice President Cape Canbe, Inc 710 North Plankinton Avenue Milwaukee, WI 53203 Re: Cape Caribe Stormwater Clear Mr. Grandlich: (321)783-7443 FAX (321) 783-5902 108 DIXIE LANE- P.o. BOX 321321, COCOA BEACH, FLORJDA32932-1321 22 June 2012 Per your request and in accordance with the Cape Caribe Development Agreement, Allen Engineering has inspected the stormwater management system serving Cape Caribe to ensure that the system is being maintained and functioning properly. During our inspection on 6/2012012, the following observations were made. s The curb and gutter systems as well as the roadside swales serving Shorewood Drive ars clean and functioning properly with no visual evidence of standing water along the roadway. • The storm inlets are clean (free of debris). The standing water in the inlets is below the inverts of the pipes indicating that the exfiltration system is functioning. The water level in the stormwater retention pond is below the sodded banks of pond due to the lack of substantial rainfall in recent months. The water elevation is approximately 3.0 according to the gauge on the emergency overflow structure located in the northwest corner of the pond. Nuisance vegetation within the wet retention pond is being properly controlled. The open spaces are well vegetated and properly maintained, thus reducing sediment migration into the stormwater management system. Overall, the stormwater management system appears to functioning very well. The regular maintenance being performed by the ground crews appears sufficient to keep the system operating properly. In addition, the emergency overflow system and temporary employee parking lot have been constructed and cleared for use by the Florida Department of Environmental Protection, The Certifications of Construction Completion from FDEP are attached for your records. Very'tr Yours., r MJchaet S. All n', P.E. Attachments Florida Department of Scott Rick Governor overnc� Environmental Protection TenniferCamll SENT BY ELECTRONIC MAIL John.Grandlich@zilbtr.com kb ennett@fl.homesbytowne.corri Cape Caribe, Inc. 1000 Shorewood Drive Cape Canaveral, Florida 32920 Central District Lt. Governor 3319 Maguire Boulevard, Suite 232 Hersclyel T. Zein} ard, Jr. Orlando, Florida 3 2903-3767 Secretary March 23, 2012 Attention: John Grandlich, Vice President— Cape Caribe, Inc. Kohn Bennett, Authorized Agent— Cape Caribe, Inc. Brevard County ERP Solana -Cape Caribe Emergency Drawdown Certification of Construction Completion Dear Mr. Grandlich and Mr. Bennett: This will acknowledge receipt of the Environmental Resource Permit As -Built Certification by a ,Registered Professional, on November 28, 2011, addressing completion of construction of the stormwater management system that is authorized to pump down an existing, permitted wet retention system, under a specific set of emergency conditions, to protect public safety and prevent property damage from potential flooding caused by an extreme rainfall event such as a hurricane or tropical storm located at the Cape Caribe resort in Cape Canaveral, Brevard County. Based upon our inspection on January 11, 2012, and as certified by the professional engineer of record, construction of the stormwater management system has been completed and is substantially consistent with plans and specifications approved under DEP Permit Numbers: ERP05-0151977-004-SI and ERP05- 0151977-006-EM. The permits are transferred from their construction phase to operation phase. Cape Caribe, Inc. is the entity responsible for the perpetual operation and maintenance ofthe stormwater management system. Please contact me at 407-897-2952, or by email at Debra.Laisure�eo.gtate.fl.us ifyou have questions or need further information. Sincerely, 16 //,- _ ,_-. . Debra Laisure, P.E. Engineering Support Submerged Lands and Environmental Resources Program /dl cc: Michael S. Allen, P.E., Allen Engineering maIlen tt allenegg.net Ken L. Ward, Cape Caribe, Inc. John Juilianna, SJRWMD j uilianna sjrwmd.corn www.dep.vvte, '.us FloridaScott Department of Birk GOV=OI" erii w �p Environmental Protection Jennifer Carroll SENT BY ELECTRONIC MAIL T oh.n.Grandlich(Ozilber. corn kbennem4fl. ho m eslby to wn e, c o m Cape Caribe, Inc. 1000 Shorewood Drive Cape Canaveral., Florida 32920 Central District Lt Governor 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3757 Herschel T. Vinyard, Jr. Secretary May 25, 2012 Attention; John Grandlich, Vice President - Cape Caribe, Inc. Kohn B ennett, Authorized Agent - Cape Cribe, Inc. Brevard County ERP Solana -Cape Caribe Temporary Parking Certification, of Construction Completion Dear Mr. Grandlich and Mr. Bennett: This will acknowledge receipt of the Environmental Resource Permit As -Built Certification by Registered Professional, on November 28, 2011, addressing completion of construction of the stormwater management system and temporary parking area located across the street from the entrance to the Cape Caribe Resort at 1000 Shorewood Drive in Cape Canaveral, Brevard County. Based upon our inspection on January 11, 2012, and as certified by the professional engineer of record., construction of the stormwater management system, parking area with lighting has begen completed and is substantially consistent with plans and specifications approved under DEP Permit Numbers: ERP05-0151977-005-SI and ERP05-0151977-007-EM. The permits are transferred from their construction phase to operation phase. Cape Caribe, Inc. is the entity responsible for the perpetual operation and maintenance of the stormwater management system. Please contact me at 407$97-2952, or by email at Debra, Laisur&I- dep.state,fl,us if you have questions or need further information. Sincerely, r Debra Laisure, P.& Engineering Support Submerged Lands and Environmental Resources Program /dl cc; Michael S. Allen, P.E., Allen Engineering {mallenO llenen met) Ken L, Ward, Cape Caribe, Inc. John Juilianna, SJRWMD (jLilianna ftrwmd.com) wWw.CC'8j xdejLd; City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2012 Item No. % Subject: Adopt Ordinance No. 13-2012, amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Legislative Summary: Pursuant to a Mayoral Request, the Planning and Zoning Board considered whether to regulate the location of donation bins within the City at its March 28, 2012 meeting. A random sampling of other local governments revealed that most do not regulate donation bins. City of Cocoa regulates location of bins and Miami, Palmetto Bay, Hialeah and Cutler Bay prohibit them. The Planning and Zoning Board was concerned about the "look" of donation bins and did not think their placement in the City furthered the goals of the Community Visioning. The Board felt that there were other options for the donation of clothes, etc. and therefore directed Staff to draft an Ordinance prohibiting donation bins within the City. In addition, a recent investigative report by a local television station reveals that even donation bins for nonprofits are typically operated by "for profit" companies that collect and sell donations, returning only a small percentage of profits to the charitable organization. The Ordinance passed at first reading on August 21, 2012; the Notice of Public Hearing was published on August 30, 2012. Submitting Department Director: Angela Apperson Date: 9/10/2012 Attachments: 1) Ordinance No. 13-2012, 2) P&Z Board Recommendation, 3) P&Z Minutes, 4) Survey of Local Governments. Financial Impact: Cost to prepare and advertise the Ordinance. Reviewed by Finance Director: John McGinnis Date: 1 �, The City Manager recommends that City Counc#take the following action(s): Adopt Ordinance No. 13-2012 on second reading. -Approved by City Manager: David L. Greene Date: q ld City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IX OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO PROHIBIT DONATION BINS WITHIN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section. 2(b), Article VIZI, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, large dumpster-like donation bins for clothing and other tangible personal property are oftentimes located on various properties throughout the City; and WHEREAS, currently, the City's Code of Ordinances does not regulate said donation bins as to their location or purpose; and WHEREAS, the City Council believes that these donation bins create an aesthetic blight on the community and are inconsistent with the City's long-term vision; and WHEREAS, given the unsightly appearance of the donation bins and the haphazard locating of the bins on various commercial and vacant properties, oftentimes in plain view of the City's main thoroughfares, the City Council desires to prohibit donation bins from locating on any property within the City; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and ext type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of City of Cape Canaveral Ordinance No. 13-2012 Page 1 of 3 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-490. Reserved. Donation bins prohibited. It shall be unlawful to deposit, store keep or maintain or to permit to be deposited, stored kept or maintained, a donation bin in or on any lot, parcel or tract of land in any zoning district. As „ used in this section, "donation bin" shall mean anyunattended container, receptacle or similar device that is located on any property within the City used for the solicitation:, collection and storage of donations of clothing or other salvageable personal property. , , , This term does not include recycle bins^ for the collection of recyclable materials. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 13-2012 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2012. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 13-2012 Page 3 of 3 To: From: of Cape Canaveral Planning & Zoning Department , 2012 Barry Brown, Planning & Development Director% Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council - Ordinance Relating to Prohibiting Donation Bins --------------------------------------------------------------------------------------------- At the Planning & Zoning Board meetings held on February 8th and March 28th, 2012, the Board discussed placement of donation bins within the City. Attached hereto are the meeting minutes pertaining to the Board's discussion relating to this issue. At the meeting held on March 28, 2012, the Board unanimously recommended that Council adopt an Ordinance prohibiting donation bins. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1206 — Fax (321) 868-1247 http://www.cityofcapecanaveral.org PLANNING & ZONING BOARD MEETING MINUTES MARCH 28, 2012 A Regular Meeting of the Planning & Zoning Board was held on Wednesday, March 28, 2012, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Harry Pearson Donald Dunn John Fredrickson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Barry Brown Andre Anderson NEW BUSINESS Chairperson Vice Chairperson Secretary Assistant City Attorney Planning & Development Director Planning Design Group 1. Approval of Meeting Minutes. February 8 2012. Motion by Harry Pearson, seconded by John Fredrickson to approve the meeting minutes of February 8, 2012. Vote on the motion carried unanimously. 2. Recommendation to Board of Adiustment Re: Special Exception Request No. 12-01 to Allow a Retail Store to use Outside D!splay Areas in the C- 1 Zoning District - 6811 N. Atlantic Avenue Unit G. _ Al A Beach Rentals LLC,, Applicant. , Barry Brown, Planning & Development Director, advised that this request was for a Special Exception for outside display of beach rental equipment. He advised that three businesses are located on the property: The Bald Strawberry, Flip Flop Pool & Spa Supplies, and A1A Beach Rentals. The applicant occupies 1,338 sq. feet of the building, which by Code allows an outside display area of 446 square feet. The Board viewed a projection of the site plan. Mr. Brown depleted the parking areas as well as the proposed outside display areas. Discussion followed regarding the site plan not matching the existing layout of the property. Ron Friedman noted that the Code does not allow for parking on the grass. Mr. Brown verified that there was adequate parking for all three businesses; the property was grandfathered from existing paved parking requirements; and the outside display of beach rental equipment is not allowed to be within the required 50 ft. building setback. He advised that any violation(s) of the Special Exception would be handled by City Code Enforcement. He advised that Staff has reviewed the request and recommends approval, with the condition that the Board Order list the items authorized to be displayed. Donald Dunn voiced a concern regarding after hour returns of rental equipment being left outside the building. Daniel Pattillo, Applicant, replied that the person who rents the equipment is responsible and Gable for it. Therefore, he could not imagine anyone taking a chance on returning rented equipment and leaving it outside the building after hours. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 2 of 4 Harry Pearson announced that he did not feel comfortable moving the request forward to the Board of Adjustment with incomplete information. The Board members discussed the items that were not clearly shown on the site plan. Barry Brown advised that Staff would update the plan prior to forwarding it to the Board of Adjustment. Motion by Lamar Russell, seconded by Ron Friedman to recommend that the Board of Adjustment approve Special Exception Request No. 12-01, with the condition that the site plan show the scale; all display areas; parking; and grass areas. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, for; Harry Pearson, against; Lamar Russell, for. I Recommendation to City Council Re: Proposed Ordinance No. 06-2012 Relating to Resort Condominiums and Resort, Dwellings aka Vacation Rentals. Kate Latorre, Assistant City Attorney, explained that since the adoption of Ordinance No. 04- 2007, which regulates Resort Condominiums and Resort Dwellings, there have been enforcement problems with building and fire code compliance. The City has also been involved in litigation with two resort rental properties. Council has recently given direction to Staff to write an Ordinance removing these regulations and allowing the State laws to regulate Resort Condominiums and Resort Dwellings. She stated that there will continue to be heightened State building and fire code requirements imposed on these uses. Further, since the City adopted this regulation, the Florida Legislature has adopted a Statute that will preempt any further local regulations. Because Council only meets once per month, and in an effort to expedite the process, the draft Ordinance was presented to Council on March 20, 2012. Since this is a Land Development Regulation, the Board is required to make a recommendation. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson to recommend that Council adopt the Ordinance, as written. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Adopting A1A Economic O ortuni Oveda District Guidelines. Barry Brown, Planning & Development Director, reported that development of the AIA Economic Opportunity Overlay District for the North AIA corridor is continuing. He advised that the Guidelines were presented to property owners within the proposed A1A Overlay District. The Guidelines were also presented during the Economic Development Open House and at the Council meeting following that. He noted that this was the first time the Guidelines were being presented to the P & Z Board. Andre Anderson, Planning Design Group, gave a PowerPoint Presentation highlighting various revisions made over the past few months addressing the City's Vision, and discussions that have occurred regarding the City's desires. Mr. Brown advised that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 3 of 4 Chairperson Russell inquired as to the status of the Beachwave project located within the AIIA overlay area. Barry Brown advised that the Beachwave Site Plan was currently under review by Staff. He reported that the architectural elevations were reviewed by the Community Appearance Board who approved them with certain conditions. The Applicant appealed the four of the six conditions in the Board Order. That appeal was heard by the Council on March 20, 2012. The Council overturned the Board Order and added its own condition. He explained that given the fact that the Code is so vague, the Council did the feel that they had the legal standing to enforce the conditions. Mr. Brown stated that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Chairperson Russell asked if a new project was submitted today if the new Design Standards would apply. Barry Brown answered that Staff is in the process of drafting design standards and that we have moved far enough along that the City may be able to lean on the Notice of Pending Ordinance to support enforcing the new standards if a project was submitted. Discussion continued. Ron Friedman voiced his opinion that the City should not allow visual advertising for cruise parking, because it gives the City a "honky-tonk" appearance. Donald Dunn commented that he would like to see a roof -top restaurant on top of a 65 ft. building. The audience applauded. Comments from the audience included: increasing alternative vehicle pedestrian ways such as bicycles and Segway's, and increase access to them; urging the Board to move forward with recommending approval of the Guidelines and advance to the next step; workshop the Ordinance, not the Guidelines; and the City should maintain the 45 ft. height restriction. Barry Brown requested that the Board direct Staff to draft an ordinance based on the Guidelines to present to the Board at the next meeting. Mr. Brown advised that if the Board recommends Council approve the Ordinance at the next meeting the Ordinance would be scheduled for first reading at the May Council meeting, and second reading at the June Council meeting. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson, to direct Staff to write an ordinance based on the Al Overlay District Guidelines, to be presented to the Board at the next meeting for recommendation to Council. Vote on the Motion carried unanimously. OLD BUSINESS 1. Continued Discussion Re: Donation Bins. Barry Brown advised Staffs research has revealed that most Cities do not address the placement of donation bins. The ones that do don't want them. He advised that there are four donation bins placed in the City. Ron Friedman advised that he was against them and they should be banned from being in the City. He commented that people can bring their donations to various thrift shops, churches, the Red Cross, etc. Barry Brown noted that certain establishments that accept donations will actually come to your home and pick up the items. John Fredrickson advised that he would be in favor of a church sponsored donation bin, placed against a building, on the church's property. Donald Dunn advised that he was against having donation bins placed outside; however, he would be in favor of a donation bin being placed inside the doors of a business or church. Harry Pearson inquired if the Board should direct Staff to write an Ordinance. Lamar Russell replied that the Board needed to decide if they want to allow donation bins to be placed in the City or not. Discussion continued. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 4 of 4 Motion by Donald Donn, seconded by Harry Pearson, to direct Staff to write and forward an Ordinance to Council to prohibit donation bins. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 9:18 p.m. Approved on this -?=3"�lay of 1�:� , 2012. Lamar Rus erson �J Susan L. Chapman, Se retary DONATION BINS Local Government Survey Brevard County Not regulated Rockledge Not regulated Cocoa Beach Not regulated Cocoa Regulated St. Augustine Not regulated Palm Bay Not regulated Titusville Not regulated Orlando Not regulated Naples Not regulated Melbourne Beach Not regulated Melbourne Not regulated Miami Prohibited Palmetto Prohibited Hialeah Prohibited Cutler Bay Prohibited City of Cape Canaveral City Council Agenda Form City Council Meetin Date: 9/18/2012 Item No. Subject: Discuss Resolution No. 2012-21; designating certain real property in the City of Cape Canaveral identified on Exhibit "A" as a Florida Brownfield Area for the purpose of environmental remediation, rehabilitation, and economic development; authorizing the city manager to notify the Florida Department of Environmental Protection of said designation; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Planning and Development Summary: • A Brownfield site is real property for which the development or redevelopment may be complicated by actual or perceived environmental contamination. ® The Brownfield designation does not mean that a property has environmental contamination, it merely makes the property eligible for redevelopment incentives. The Brownfield Area Program is an economic development program designed to provide incentives for redevelopment. A Brownfield designated area is eligible for Federal and State incentives: o Federal incentives take the form of grants to fund environmental assessment and clean up as well as job training. o State benefits include financial incentives (a job creation bonus of up to $2,500 per job; sales tax credit on building materials, and loan guarantees) and regulatory benefits such as liability protection for lenders and redevelopers and expedited review of technical documents. ® The proposed Brownfield Area is mostly comprised of commercial and industrial zoned properties and includes a few residential properties that have a high potential for redevelopment. Two public hearings are required to designate a Brownfield Area. The purpose of the first hearing is to discuss Resolution 2012-21 which designates certain real property in the City as a Brownfield Area and to provide an opportunity for public comment. The second hearing is to adopt the Resolution. Consultant David Goldman of Kimley-Horn and Associates, Inc. will make a Brownfield Area presentation and answer questions from Council and residents. Submitting Department Director: Barry BrownVrllDate: 9/7/2012 Attachment: 1) Resolution No. 2012-21 Financial Impact: None. Reviewed by Finance Director: John McGinnis Date: 9 h / / R,01 A- City Council Meeting Date: 9/18/2012 Item No. Page 2 of 2 The City Manager recommends that City Council take the following action(s): Discuss Resolution No. 2012-21. Approved by City Manager: David L. Greene L9 `i>-'-' Date: 716t City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO, 2412-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DESIGNATING CERTAIN REAL PROPERTY IN THE CITY OF CAPE CANAVERAL IDENTIFIED ON EXHIBIT 44A" AS A FLORIDA BROWNFIELDS AREA FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION, REHABILITATION, AND ECONOMIC DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Brownfields are sites that are generally abandoned, idled, or underutilized industrial or commercial property where expansion or redevelopment is complicated by actual or perceived environmental contamination; and WHEREAS, Florida law provides in sections 376.77 through 376.86, Florida Statutes, for the designation by resolution of certain areas consisting of one or more Brownfield sites as a "Brownfield Area," and for the corresponding provisions of environmental remediation, rehabilitation and economic development for such area; and WHEREAS, the City of Cape Canaveral desires to notify the Florida Department of Environmental Protection of its decision to designate the real property in Cape Canaveral identified in Exhibit "A" as a Brownfield Area for remediation, rehabilitation and economic development for the purposes set forth in sections 376.77 through 376.86, Florida Statutes; and WHEREAS, the City of Cape Canaveral has additionally considered the criteria set forth in section 376.80(2)(a)1-4, Florida Statutes, and finds that: (i) the proposed area warrants economic development and has a reasonable potential for such activities; (ii) the proposed area represents a reasonably focused approach and is not overly large in geographic coverage; (iii) the proposed area has potential to interest the private sector in participating in remediation, rehabilitation and economic development, and (iv) the proposed area has sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Resolution. No. 2012-21 Page 1 of 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Designation of Florida Brownfields Area. The area depicted on Exhibit "A," attached hereto and incorporated by this reference, is hereby designated as a State of Florida Brownfields Area for environmental remediation, rehabilitation and economic development for the purposes set forth in sections 376.77 though 376.86, Florida Statutes, under the following terms and. conditions: The City of Cape Canaveral shall be the entity responsible for the proposed Brownfields Area rcmediation and rehabilitation pursuant to section 376.80(3), Florida Statutes. However, such designation shall not render the City of Cape Canaveral liable for costs of site remediation, rehabilitation or source removal, as those terms are defined in sections 376.77 thorough 376.86, Florida Statutes, or for any other costs in excess of those attributable to the City of Cape Canaveral's role as administrator of the proposed Brownfields Area site remediation and rehabilitation program and as a property owner, if it owns or hereafter acquires any real property within the designated Brownfields Area. Section 3. Notification to FDEP of Person Responsible for Brownfield Site Rehabilitation. The City of Cape Canaveral shall advise the Florida Department of Environmental Protection where there is a person who has assumed responsibility for Brownfield site rehabilitation within the designated Brownfields Area. Section 4. Notification to FDEP of Brownfield Designation. The City Manager is hereby authorized to notify the Florida Department of Environmental Protection as to the City of Cape Canaveral's decision to designate the area identified in Exhibit "A" for remediation, rehabilitation, and economic development for the purposes set forth in sections 376.77 through 376.86, Florida Statutes. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon adoption City of Cape Canaveral Resolution No. 2012-21 Page 2 of 3 by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 16th day of October, 2012. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoag 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 City of Cape Canaveral Resolution No. 2012-21 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09118/2012 Item No. Subject: Adopt Ordinance No. 17-2012; amending Chapter 38, Fire Prevention and Protection, of the Cape Canaveral Code of Ordinances related to Public Fire Protection Service Charges; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an effective date, first reading. Department: Legislative Summary: The City Council set a goal to maintain a fiscally sound financial structure. To meet this goal, Staff searched for ways to diversify the revenue streams for the General Fund. The areas available are: Red Light Cameras, Parking Meters, a Franchise Fee related to the Collection of Solid Waste, passing the costs of fire hydrants through to each water utility customer account (AKA Fire Protection Service Charges) and levy a Public Service Tax on the cost of water services. In addition to the goal noted above the Council also adopted, a goal to build a new Fire Station and this will require revenue to repay the anticipated financing. The attached proposed Ordinance provides for the Fire Protection Service Charges (aka cost of fire hydrants) imposed by the City's water provider (the City of Cocoa) to be billed directly to the City water utility customers via their monthly utility bill. The billing rate will be established by Resolution, which will be presented at the second reading of the Ordinance. The approximate proposed rate is $1.96 per account/per month. This would produce approximately $51,794. in revenue to offset the corresponding charge from the water provider (Cocoa). Submitting Department Director: Angela A person �� Date: C311f It C_ Attachment(s): Ordinance No. 17 - 2012 Financial Impact: The cost of drafting, advertising and codifying the Ordinance will be offset by the collection of approximately $51,794. in revenue from water utility customer accounts. Reviewed by Finance Director: John McGinnis Date: r? The City Manager recommends that City Counci ake the following acti n(s): Adopt Ordinance 17-2012 on first reading. Approved by City Manager: David L. Greene e9 ','- Date: '111c 10— City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 17-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PUBLIC FIRE PROTECTION SERVICE CHARGES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.201, Florida Statutes, authorizes municipalities to impose user charges or fees authorized by ordinance which are necessary for the conduct of municipal government; and WHEREAS, pursuant to that Water Franchise Interlocal Agreement dated May 10, 1991 ("Franchise Agreement"), the City of Cocoa ("Cocoa") has an exclusive franchise to operate a water distribution system within Cape Canaveral and to provide water through its system to Cape Canaveral and the water consumers located therein; and WHEREAS, as part of its water franchise, Cocoa is responsible for the installation and maintenance of fire hydrants located in Cape Canaveral and charges Cape Canaveral for such installation and maintenance; and WHEREAS, currently Cape Canaveral remits monthly payments directly to Cocoa for said fire hydrant fees without passing the fees through to Cape Canaveral water consumers; and WHEREAS, given the City's current budgetary challenges, and that Cape Canaveral's water consumers are the recipients of the fire protection services provided by the fire hydrants located throughout the City of Cape Canaveral, the City Council desires to have the fire hydrant charges billed directly to Cape Canaveral water consumers on their monthly water utility bill; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 17-2012 Page 1 of 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 38, Fire Prevention and Protection, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 38. It is intended that the text in Chapter 38 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 38. FIRE PREVENTION AND PROTECTION ARTICLE I. IN GENERAL Sec. 38-8. Reserved. Fire protection service charge. Any public fire protection service charges imposed by the City's water provider for fire hydrants located within Cape Canaveral shall be billed directly to City of Cape Canaveral water consumers as art of each consumer's monthly utility bill. Such charges shall be established b resolution of the City Council and shall be based on the monthly, per -hydrant„ fee adopted by the City's water provider. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 17-2012 Page 2 of 3 adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of October, 2012. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal farm and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2012 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2012 Item No, j 0 Subject: The Mayor and City Council discuss/announce scheduling of the required Brownfield Public Hearing for the October 16, 2012 City Council Meeting at 6pm in the Library Meeting Room at 201 Polk Avenue. Department: Planning and Development Summary: The Brownfield Area Program is an economic development program designed to provide incentives for redevelopment. A Brownfield designated area is eligible for Federal and State incentives. Federal incentives take the form of grants to fund environmental assessment, clean up, and job training. State benefits include financial incentives (job creation refunds, tax credits, and loan guarantees) and regulatory benefits such as liability protection and expedited review of technical documents. Two public hearings are required to designate a Brownfield Area. The purpose of the second meeting is to adopt Resolution 2012-21 which designates certain real property in the City as a Brownfield Area. In addition to notice in a local newspaper, an announcement must be made at a scheduled meeting of the local governing body before the actual public hearing per Florida Statutes 376.80 (2)(a) "if a local government proposes to designate a brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 96 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meetinq of the local -governing bodybefore the actual public hearing." Consider this Agenda Item to be the required announcement of the second public hearing scheduled for the October 16, 2012 City Council Meeting. Submitting Department Director: Barry Brown Date: 9/7/2012 Attachments: None. Financial Impact: None. Reviewed by Finance Director: John McGinnis Date: The City Manager recommends that City Council take the following action(s): The Mayor and City Council discuss/announce scheduling of the required Brownfield Public Hearing for the October 16, 2012 City Council Meeting at 6pm in the Library Meeting Room at 201 Polk Avenue. roved by City Manager: David L. Greene & T'1- Date: I City Council Meeting Date: 9/18/2012 Item. No. Page 2 of 2 City Council Action. j ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain