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HomeMy WebLinkAboutPacket 07-01-2008 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 2008 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Manager Staff City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: City Council Regular Meeting Minutes of June 17, 2008. ORDINANCES: Second Public Hearing: 2. Motion to Adopt: Ordinance No. 07-2008; Amending Chapter 70, Article III, Related to Local Business Tax Receipts, Defining and Designating the Business License Official, at Second Reading. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 2 of 2 3. Motion to Adopt: Ordinance No. 08-2008; Amending Chapter 26, Elections, Changing the Qualifying Period for Candidates for the Office of Mayor and City Council, Consistent with the Requirements of the Brevard County Supervisor of Elections, at Second Reading. RESOLUTION: 4. Motion to Adopt: Resolution No. 2008-14; Removing a Member from the Planning and Zoning Board. (B. NcNeely) CONSIDERATION: 5. Motion to Approve: Bid Award for the Construction of Stormwater Improvements to the Northern Portion of the Central Ditch. DISCUSSION: 6. Building Height Referendum Ordinance. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 2008 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Recreation Director Robert Lefever PRESENTATION: Summer Beautification Award (Commercial) Doug Wilson Enterprises, Inc., 6115 N. Atlantic Ave.(Rev.) Judy Hale, Beautification Board Chairperson, recognized Doug Wilson, of Doug Wilson Enterprises, Inc. as the Commercial Property Award winner. Mr. Wilson expressed that it was an honor to receive the award in light of the minimal amount of rain at this time. Waste Management Presentation Mayor Randels invited Mr. Jim Tuggle, Operations Manager with Waste Management, to present the Keep Brevard Beautiful Award to Jim and Judy Hale for their recycling and beautification efforts. Mr. Tuggle informed of how Mr. and Mrs. Hale have been instrumental in educating the public on litter. On behalf of Waste Management, Keep City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 2 of 14 Brevard Beautiful sponsors, Mr. Tuggle recognized the Hales as the recipients of this year's Keep Brevard Beautiful Litter Reduction Award. In summary, Mr. Tuggle related on how the Hales were Keep Brevard Beautiful site captains and active in the Adopt -A - Road program and the Hales also participated in community events, at times working tirelessly for the annual Surf Fest and Spring Fest. Florida Green Building Coalition, Inc. by Mr. Robin Vieira, Director of Buildings Research, Florida Solar Energy Center. Mayor Randels thanked Walter Bandish, Public Works Director for inviting Mr. Robin Vieira. Mayor Randels explained how Mr. Vieira would discuss Green Local Government Designation Standards for Cities and Counties and Setting the Standards of Green Buildings in the State of Florida. Mayor Randels introduced Mr. Vieira saying that he had over 20 years of experience in hot, humid climate building research. Mr. Vieira has led efforts in residential auditing, field evaluation projects, surveys, statistical work, computer simulation and analysis. Mr. Vieira directed the Florida Solar Energy's residential Energy Gauge software development and has led many workshops and seminars related to sustainable development. He is the author of the book, "Energy Efficient Florida Home Building," and currently sits on the Board of Directors of the Florida Green Building Coalition. He holds a Bachelor of Arts Degree in Physics, a Master of Science Degree in Applied Solar Energy and a Master of Business Administration. Mr. Vieira addressed the audience and displayed a photo of the Florida Solar Energy Center [FSEC] in Cocoa. He invited the audience to participate in the Thursday tours which were available to the public. He noted solar research: solar electric, also called Photovoltaics, and solar thermal which relates to pool and hot water heating. Mr. Vieira recognized the FSEC's 35 staff member solar building group who works toward solar energy efficiency as well as their separate hydrogen research group. He acknowledged that the Center conducts kindergarten through 12th grade education and training. And lastly, Mr. Vieira noted a course related to the Florida Green Development Designation. Mr. Vieira stated how setting a standard would certify a building as a "green" building. He addressed the current (5) Florida Green Building Standards as: Homes, Developments, Cities and Counties, Commercial and Public, and High Rise Residential. He stated that the most popular commercial standard was conducted by the U.S. Green Building Council called: LEED - Leadership in Energy and Environmental Design, which also has a home program and will soon have one for Developments. Mr. Vieira stated that "green" standards were voluntary, point based, and used checklists to help develop environmental stewardship. Mr. Vieira displayed the Green Local Government reference guide. He stated that cities and counties would choose to go through this process. Mr. Vieira stated how this guide would apply environmental best practices across every City and Council function. This reference guide would be a tool to look at those functions, to consider how "green" they City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 3 of 14 are currently, to calculate their percentage of "green" standards, and to determine if a standard level of silver, gold, or platinum level "green" practices was reached. Mr. Vieira reviewed some of the Standard Categories as: Lead by Example which is a "green" process to which the City or County commits to changes in in-house processes; Control which is incentives, regulations or ordinances that foster "green" building; and Education which are steps taken to educate City or County staff, local industry professionals, and citizens. He reviewed the Spreadsheet Tool which helped to calculate the number of "green" building points. Mr. Vieira recounted the six local governments certified as "green" cities which are: Pinellas County, the City of St. Petersburg, the City of Dunnedin, Orange County, the City of Tamarac, and City of Tallahassee. There are ten cities in the designation process; however none in Brevard County at this time. The Florida League of Cities and Florida League of Mayors have endorsed the "green" standards. In conclusion, Mr. Vieira stated that some Cities and Counties were developing model "green" Ordinances. The Florida Green Building Coalition drafted a model Ordinance which could be found at www. MyFloridaGreenBuilding.info. He also named the web sites of www.FloridaGreenBuilding.org for the Florida Green Building Coalition and www. Florida Ener. yCenter.org. for the Florida Solar Energy Center for more information. Mr. Ray Osborne questioned the difference between "sustainable building practices" and "green" building." Mr. Vieira explained that if "green buildings" were in discussion, then it was a matter of certification. Ms. Roberts asked if "green" buildings included other measures such as recycling, energy efficient vehicles, alternative fuels, etc. Mr. Vieira explained how Green Local Government went beyond "green" buildings and was more comprehensively considered within "green practices" which would include the related functions of "green" purchasing and "green" building measures. Ms. Roberts inquired about Cape Canaveral's first step to become a "green" City. Mr. Vieira replied that the initiating work required staff time to develop a rough draft of the 11 green measures currently practiced in the Departments. The next step would be a team approach to analyze these practices, then to return to the Council with the overall time needed for a comprehensive of what was being done and to consider what could be done. Mr. Petsos inquired about compressed air vehicles; however, Mr. Vieira was unaware of that research as it related to vehicles. Mr. Doug Wilson questioned if "green" building construction would change the Southern Building Code and how much "green" building cost would impact construction. Mr. Vieira responded that the Building Codes, by reason of the Governor's directive to the Florida Building Commission, would be 15 percent more efficient using "green" building construction. Mr. Wilson asked who would perform the "green" building review. Mr. Vieira replied that there were Home Energy Raters who could perform audits of existing homes, or help people with new homes comply with the Green Home Program. There was also the Energy Home Start Program and Florida Power and Light's Build Smart program. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 4 of 14 Mr. Vieira then addressed Mr. Wilson's question related to the "green building" costs. He stated that a builder could seek one of the various green building energy savings levels- platinum, gold, or silver- for a reasonable cost based on the builder's anticipated return on their investment. Mr. Vieira stated that "green" concepts should begin during the design phase, saying that retrofitting was expensive. Ms. Roberts observed that one of the things Mr. Vieira was bringing to the City's attention was the educational aspect of "green" practices. The checklist would serve as a gauge to assess its current energy status and enable the City staff to identify areas for improvement. Mr. Vieira left a sample checklist and stated that a checklist was also available online. REPORTS: City Manager • Mr. Boucher reported that the City was petitioned to annex property at its southern border - 315 Grant Avenue [which intersects at Ridgewood Avenue.] • Mr. Boucher announced the Wednesday-Friendsday on July 2nd at 5:30 P.M. sponsored by the Cocoa Beach Area Chamber of Commerce and hosted by the Cape Canaveral Business and Cultural Development Board this year inside of the Radisson Convention Center. He stated that there were 21 registered tables and 19 tables available. Cost is $25.00 for Cape Canaveral business; $50.00 for non - City businesses. • Mr. Boucher reported that Ms. McIntire submitted the School Resource Officer letter for Council's review. He needed Council's immediate reply. • Mr. Boucher reported that he and the City Treasurer anticipated distributing the Proposed Budget to City Council by the first week in July. STAFF Recreation Director • No report. Building Official • Mr. Morley distributed a Resort Dwellings status report. He informed that his goal within the next three to four weeks was to contact those in jeopardy type status and assist in meeting the deadline. • Mr. Morley announced that Burger King planned to open on Sunday, June 22nd Mr. Jim Tuggle, Operations Manager, Waste Management, Inc. addressed the Council and stated that the company resolved the previously identified dumpster deodorization concerns. Mr. Tuggle informed that the drivers were using both the enzyme product and the deodorant crystals to reduce odor in the dumpsters. Mr. Petsos noted the number of small piles of yard waste; however, no tags were attached to explain their lack of pick up. Mr. Tuggle took note. Mr. Petsos also noted City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 5 of 14 deteriorated recycle containers. Mr. Tuggle stated that he would make a supply available at City Hall. Ms. Roberts asked if Waste Management, Inc. had a business partnership with the Florida Solar Energy Center. Mr. Tuggle stated that he was unaware of a partnership; however, he affirmed that the company was environmentally conscience, as their slogan reads "Think Green." Mayor Pro Tem Hoog requested that the drivers take greater precaution and drive more slowly especially since school was out of session. Mr. Tuggle ensured that he would include this topic in their Safety meeting on Thursday, June 19th. Mayor Randels noted how previously the driver's name was displayed on the vehicles. Mr. Tuggle stated that this practice was eliminated over time; however, he would inquire as to why it was no longer done. Ms. Roberts requested a presentation from Waste Management on some of their "Think Green" initiatives. Mr. Tuggle took note. Mr. Osborne asked if Waste Management could participate with recycling efforts at the City's community celebrations. Mr. Tuggle took note. Ms. Lois Palmer addressed how the wheels kept falling off the Carts. Mr. Tuggle explained how the driver's Cart debris removal operation was the cause of the wheel malfunction. He stated that the driver's carried spare wheels in their vehicle and were directed to make wheel repairs on-site. Ms. Roberts thanked Mr. Tuggle for using the deodorizing crystals at the condominium dumpsters. Mr. Tuggle affirmed for Mr. Osborne that recycling containers were available at the commercial level; however, not in the City. Public Works Director • No report. City Clerk • No report. CITY COUNCIL Council Member Nicholas Mr. Nicholas requested copies of the three Proposals submitted for the City Oral History Project. Mr. Boucher affirmed that the Proposals were under his evaluation. • Mr. Nicholas also requested a copy of the new Planning and Development Director's resume [and application]. Council Member Petsos • Mr. Petsos inquired about the next scheduled Sign Code Ordinance Workshop meeting. Attorney Garganese replied he would schedule for it some time in July. • Mr. Petsos inquired about the availability of placing an audio of the Meeting minutes on the web site. The City Manager took note. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 6 of 14 • Mr. Petsos noted that street sweeping occurred on garbage pick-up day which prevented a thorough job. He requested coordination of the two functions. • Mr. Petsos inquired about delineating the four parking spaces at the Cape View Elementary School kindergarten. He requested a No Parking Unless During School Hours sign. The Public Works Director took note. • Mr. Petsos addressed parking fees as a budgetary issue. Ms. Bowers would provide the information to City Council on Wednesday, June 18tH Mayor Pro Tem Hoog Mayor Pro Tem Hoog brought out his position relative to the City Advisory Boards. He conveyed some of the biased opinions he had heard during the Planning and Zoning Board Meetings regarding the applications under review. Mayor Pro Tem Hoog stated how Board Members accused Mr. John Johanson of things that were not relative to his project. He stated how Ms. Bea McNeely, Board Chairperson, refused to allow Mr. John Porter's project on the Planning and Zoning Board Agenda with no valid explanation. Mayor Pro Tem Hoog expressed his embarrassment of a previous Planning and Zoning Board meeting due to its lack of order. Mayor Pro Tem Hoog requested that the Council concur with his request to remove Ms. McNeely from the Planning and Zoning Board effective immediately. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Remove Ms. Bea McNeely from the Planning and Zoning Board. [No action taken.] Mr. Petsos requested a copy of the Planning and Zoning Board Meeting Minutes before making a decision. Ms. Roberts stated that if the City Council had a situation in which a Board Member was facing a disciplinary action, then she preferred for the Council to provide a warning or advisement first. Ms. Roberts stated that part of Council's role was to work with the Boards and advise them on desired behavior, and give them a chance to correct their behavior. If corrected behavior did not follow, then Council should take action. Mr. Nicholas stated that Board members were appointed by Resolution and should be removed by a similar action. Mayor Pro Tem Hoog stated that the Council has held previous sessions with the City Attorney to educate the Boards on appropriate behavior; however, biased behavior continues. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Table the Item Until Each Council Member has the Opportunity to Examine, Verify, and Make an Opinion at the Next Meeting on Mayor Pro Tem Hoog's Request to Remove Ms. Bea McNeely from the Planning and Zoning Board. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 7 of 14 Mayor Randels • Mayor Randels announced that William Lawrence was named Commander of the Coast Guard. • Mayor Randels announced that volunteers were needed for the Space Coast Rolling Readers. He passed the information to the City Manager. • Mayor Randels announced that the City's water quality was again tested and rated for visibility (exceptionally good), salinity (29.0 — A), pH (8.3), dissolved oxygen (5.4) with an overall water grade of A. • Mayor Randels recalled that the City purchased twenty lifesaver bracelets from the TRIAD for persons identified with Alzheimer's disease which were still available. He encouraged residents to obtain these free lifesaving devices for those who have need of them. He would pass on the information if the City desired to allow non-residents to avail themselves to this opportunity. Council Member Roberts • Ms. Roberts questioned when Mr. Boucher planned to schedule the Capital Purchases meeting. Mr. Boucher replied some time in July. • Ms. Roberts requested Minutes from the half-day Goals and Objectives meetings and the related follow-up actions. Mr. Boucher stated that those actions would be incorporated in the upcoming Budget Meetings. • Ms. Roberts asked when Mr. Phil Laurien, Executive Director, of the East Central Florida Regional Planning Council, would make a presentation to the Council. Mr. Boucher stated some time in July when Mr. Laurien returned from his vacation. • Ms. Roberts inquired if the new Planning and Development Director could come to the City Council Meeting on July 1 st since he would begin working on July 2"d. Mr. Boucher would coordinate his attendance. • Ms. Roberts announced that Senator Bill Nelson planned to hold his Commerce Committee Meeting at Canaveral Port Authority on Monday, June 23rd at 9:00 A.M. in the Port Commission Meeting Room. The Economic Development Commission [EDC] would sponsor a rally, at 8:00 A.M. The EDC was attempting to provide community support with the transition issues related to the 3 -year gap moving from the shuttle program to the new Constellation Orion Program and its impact to approximately 6,500 employees. • Ms. Roberts referred to State Representative Sasso's suggestion of a liaison with the Port Authority. Ms. Roberts offered to assume that function if Council desired to take action at another meeting. • Ms. Roberts referred to the unfunded mandate letter that the City planned to send to Senator Haridopolous. Mr. Boucher affirmed that he was working on the letter. • Ms. Roberts inquired about the 45th Anniversary Celebration. Mr. Boucher replied that this has been incorporated into the City's current activities. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 8 of 14 • Ms. Roberts suggested for the Council to hear a brief synopsis of Mr. Ray Osborne's new book about Cape Canaveral at a future Council Meeting as was done with Ms. Dianne Marcum's book. Council agreed. • Ms. Roberts reported that Ms. Laura Canady, J.D., Community Development Director, City of Satellite Beach, gave a successful presentation to the Planning and Zoning Board on Wednesday, June 11th, related to their City's Community Redevelopment Agency efforts. Ms. Roberts suggested that Ms. Canady give a brief presentation for the Council. Mr. Boucher affirmed that he would extend the invitation. AUDIENCE TO BE HEARD: • Mr. Ray Osborne distributed his list of concepts related to a "Green Agenda." o He suggested looking at the Brevard County Ordinance No. 62-2106. o Mr. Osborne also suggested seeking environmental sources of revenue, such as the use of: Wind Farms, Biofuels, and Solar Energy. Ms. Roberts suggested that the Public Works Director include Mr. Osborne's list with the Florida Green City's Standards. Mr. Boucher recommended that the City perform the green audit first in order to identify the City's existing "green practices." CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 3, 2008. 2. An Outdoor Entertainment Permit for the Brevard County Traveling Skate Park at the Youth Center on Saturday June 28tH 3. Outdoor Entertainment Permit for the National Night Out on August 5th Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion. In reply to Mayor Randels' question of why grammatical changes were noted in her corrections, Ms. Roberts stated that it was her understanding that this was the forum for any amendments to the City Council Meeting minutes. [Ms. Roberts list of corrections for the June Td Meeting are attached.] A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 3 with Amendments to the Meeting Minutes of June 3rd. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 9 of 14 ORDINANCE: First Public Hearing: 4. Motion to Approve: Ordinance No. 07-2008; Amending Chapter 70, Article III, Related to Local Business Tax Receipts, Defining and Designating the Business License Official, at First reading. Attorney Garganese read the Ordinance No. 07-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 70, ARTICLE III, OF THE CITY CODE RELATED TO THE LOCAL BUSINESS TAX RECEIPTS; DEFINING THE TERM "BUSINESS LICENSE OFFICIAL" AND DESIGNATING THE BUSINESS LICENSE OFFICIAL AS THE OFFICIAL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF LOCAL BUSINESS TAX RECEIPT REGULATIONS; MAKING MISCELLANEOUS CONFORMING AMENDMENTS FOR CONSISTENCY IN CHAPTERS 6 AND 10 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese noted the intent of the Ordinance to strike the language "city treasurer," and insert, business license official, in Section 70-81, Transfer of Receipt, Paragraph (a). Mr. Morley replied to Ms. Roberts' question of his consent that he agreed with the Ordinance. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 07-2008 at First Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 5. Motion to Approve: Ordinance No. 08-2008; Amending Chapter 26, Elections, Changing the Qualifying Period for Candidates for the Office of Mayor and City Council, Consistent with the Requirements of the Brevard County Supervisor of Elections, at First reading. Attorney Garganese read Ordinance No. 08-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR THE CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; 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 Regular Meeting Agenda June 17, 2008 Page 10 of 14 Attorney Garganese explained that this Ordinance would change Section 26-3, Qualifyinq of the City Code. Due to Legislation, which changed the Primary date, the Brevard County Supervisor of Elections advised municipalities that may have a conflict between their qualifying date and the new Primary date to move their qualifying to begin and to end one week earlier for the purpose of compliance. The new Qualifying Dates are 88 days and 74 days prior to the General Election on November 4 2008 Mayor Randels clarified that this change of qualifying dates would remain unless there were further changes in Legislation. Ms. Roberts inquired about re -setting the Elections to align with the Brevard County elections and asked if this were the Section to make that change. Attorney Garganese stated that an amendment to re -set the dates of the City's General Election was a separate issue. There was no public comment A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 08-2008 at First Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION: 6. Motion to Approve: Designation of a Voting Delegate for the Florida League of Cities Annual Conference. After the Mayor polled the Council Members who would attend the Florida League of Cities Annual Conference in August, Ms. Roberts nominated Mayor Pro Tem Bob Hoog as the City's Voting Delegate. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve of Mayor Pro Tem Bob Hoog as the Voting Delegate for the Florida League of Cities Annual Conference. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 7. Amending Building Height in the C-1 and C-2 Commercial districts to 65 -Feet, Limited to (5) Stories. Mayor Randels explained this item for discussion as a request for the City Council to review and act upon the Planning and Zoning Board's recommendation of February 7, 2008. Their recommendation was to increase the building height in the C-1 and C-2 Commercial Zoning District to 65 -feet limited to five stories. Mayor Randels stated that he was seeking the Council's consensus to take action at some point. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 11 of 14 Mr. Petsos referred to a previous Council Meeting in which the Council unanimously agreed to have the City Attorney draft a Referendum. Attorney Garganese stated that he and the City Manager were seeking direction from the Council. Mr. Nicholas stated that he had requested to review the actual 1973 Referendum question. Mr. Boucher replied that the Ordinance and Certificate of Canvassing was available; however, the Certification did not include the Referendum question. Ms. Roberts referred to one part of the discussion on 45 -feet maximum for multiple -family, offices, churches, hotels, and motels; however, discussion followed on 60 -feet for the T-1, Tourist District. She stated that the discussion seemed to reflect a dual will of the voters. Mayor Randels stated that a Notice was published in the Titusville, "Star Advocate." in 1973 on February 26tH, March 5tH 121H and 19th of an "Initiative Petition Ordinance." Ordinance No. 12-71 would restrict the maximum density structures. Ms. Roberts stated that 45 -feet would be allowed in some areas, but 60 -feet in the T-1 Zoning District. Mr. Nicholas clarified his intent of requesting a copy of the Referendum question, was to seek the City Attorney's position if the same type of Referendum question could be done. Attorney Garganese explained that since1971 [3] Referendum question addressed more than height, he would not use the same language. As stated at the last City Council Meeting, Attorney Garganese stated that there currently was no height limitation in the City Charter. If the Council desires a provision in the Charter, then the Council would then place a restriction into the Charter limiting height and establishing where those restrictions would be located. Attorney Garganese explained City Council's three possible aspects as: First, limiting height throughout the City with everywhere else as an exception. Second, Council could choose a straw poll which was non-binding on the City Council asking whether the City Code should be amended to increase height. Third, the Council could dispense with the Referendum since in his view this Council had the authority to change the height by amending the zoning code. Attorney Garganese explained that if the Council desired to amend the Charter, then that needed to proceed to the voters. Council did not need to go to the voters to amend the Zoning Code; however, if the Council desired to amend the Zoning Code, they could choose a non-binding Referendum. A binding Referendum should be part of the City's Charter. Ms. Roberts reviewed the intent of the voters in March of 1973 as 45 -feet for one part of the City and 60 -feet for another part of the City. She asked what would change if there were a 60 -feet provision which appeared to be in the same Commercial Zoning District under discussion. Mr. Nicholas clarified that a T-1, Tourist Zone, was formerly anticipated for an area next to the Banana River. Mayor Randels sought consensus on whether the Council desired to direct the City Attorney to draft a Referendum, or would the Council take action to increase the building height. Ms. Roberts asked if the current Ordinance provided for the development of the Commercial District consistent with the 60 -feet and City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 12 of 14 was it necessary for the Council to make a change at this time with regard to the height issue. Mayor Randels clarified that T-1 Zoning District no longer exists in the City's Comprehensive Plan. Discussion followed on a future Council's opportunity to hold a Referendum. Ms. Roberts expressed concern with the Council taking action on establishing a 65 -feet building height without conducting a Comprehensive Plan for the City as a whole. Ms. Roberts also expressed concern with the lack of clear direction for those willing to assist the City, such as that of the expertise of Mr. Phil Laurien, Laura Canady and the new Planning and Development Director. She stated that at this time the Council was not fully informed to make a decision arbitrarily on a 65 -feet height limitation. Ms. Roberts recommended moving progressively forward and at the end of the process the Council would have a solution which included participation from the community; however, at this time drafting a ballot would be done without the supporting research. Mr. Nicholas stated that currently the City was 93 percent built -out and Council needed to protect the people who might become subject to redevelopment and susceptible to high- rise construction next to their homes. He concluded that a binding Referendum was a means of preservation and it would provide the residents with an opportunity to participate in the process. Ms. Roberts stated that the City anticipated expert assistance in planning forward and she preferred to hear the expert opinions through an informed series of meetings. Mr. Nicholas reminded that there was no input from the residents on increasing the building height during the recent Comprehensive Plan Amendment review. Mayor Pro Tem Hoog emphasized the need in the City towards change. Mr. Petsos expressed how the increased building height would change the community aesthetic. Ms. Roberts expressed her concern with the overall development on State Road Al and she also expressed her concern that no overlay has been presented related to the anticipated development. She stated that planning was not being comprehensively conducted and the Council could get a handle on planning using the available and anticipated expert help. Mr. John Johanson, 310 Adams Avenue, conveyed the success of Mr. Phil Laurien's presentation and he emphasized how Council needed input from him. He stated how the Council should take action, but with expert advice, and in a timely manner. Mr. Art Berger suggested using Development Agreements to address building heights. Mr. Ray Osborne referred to Minutes of a previous Planning and Zoning Board Meeting and questioned the issue of traffic which came out in that discussion. Mayor Randels clarified that the purpose of this discussion was the opportunity for the Council to change the building height increase as it related to overall development in the City and not just one project or one aspect of one project. Mr. John Porter, 215 Holman Road, addressed the Council and stated how State Road A1A was in need of revitalization. He explained how hotels were a driving demand. Mr. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 13 of 14 Porter suggested that the Council direct their vision toward the City's developmental outcome and cause the prevalent issues to work for the City. First, Mr. Porter expressed his favor with the use of a Redevelopment Agency to capture tax dollars. Second, Mr. Porter recommended seeking a mutually beneficial partnership between the City and anticipated development in an effort to increase the value of City property. . Mr. Nicholas asked if there were any agreement to limiting residential building height. Ms. Roberts related on the residents concern over any building height increase and how a Referendum might allay those fears. Mayor Pro Tem Hoog asked if Mr. Nicholas was willing to proceed with increased building height in the C-1 corridor and Mr. Nicholas affirmed that he was seeking a compromise. Ms. Roberts summarized for clarification that the Council would, first, proceed to the voters with 45 -foot height limitation in the Residential Zoning District; and second, aggressively plan forward with the anticipated expert help of Mr. Phil Laurien, having Laura Canady return, and along with the Planning and Development Director comprehensively define the City's development to include the 45 -height Referendum in the residential areas. Mr. Petsos clarified that he desired to hear from the residents through a Referendum and he also agreed with plans for State Road A1A, however, in its entirety. Mr. Boucher asked if Council had given their consensus for the City Attorney to draft a 45 -feet building height limitation for the Residential District only ballot question. Mr. Nicholas inquired about including the 65 -foot building height increase on the same ballot question. Ms. Roberts stated that she was not in agreement with voting on 65 -feet building height increase added to the Referendum question. She expressed her concern that all Council Members had not yet heard the expert input. Mayor Pro Tem Hoog agreed with Ms. Roberts. Attorney Garganese added that the 45 -feet height Referendum required the Local Planning Agency's review as it constitutes a Land Development Regulation. Ms. Joyce Hamilton, 110 Jefferson Avenue, asked why the Council was seeking a 65 - feet Referendum when one already existed as 60 -feet in a T-1 Zoning District. Council members clarified that the T-1 Zoning District no longer existed in the City's Comprehensive Plan. Discussion further clarified that at one time the will of the people was a 60 -foot building height within a specified zone called the T-1, Tourist District. Ms. Lois Palmer, of Long Point Road, expressed her concern with a 65 -foot neighbor and requested that the residents be allowed to vote. Mr. Doug Wilson, 210 Holman Road, expressed his favor with a 45 -feet height limitation in the residential area and also expressed his favor with a 65 -foot building height increase in a portion of the commercial area on State Road Al A. Mr. Wilson stated that Cape Canaveral was too small for any development that was similar to Miami. He concluded that the Council needed to move forward and take action with the consideration that this would generate revenue for the City. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 14 of 14 Ms. Gail Gault, 209 Holman Road, stated that she was a 30 -year Cape Canaveral resident and had heard the discussion at the Town Hall meeting. She emphasized the necessity of preserving the residential character of established neighborhoods in the City and she encouraged citizen participation in the process. Ms. Gault replied to Ms. Roberts that she was in favor of the 45 -feet Residential only building height ballot question; however, she was not in favor of the increased 65 -feet building height. Ms. Roberts restated the need for an aggressive, time -sensitive educational process with Mr. Phil Laurien, Ms. Laura Canady, and the new Planning and Development Director in order for the Council to reach a consensus toward the broader purpose of the discussion. Mayor Randels expressed concern that he had not heard the support of the Council taking action on the 65 -feet building height increase as recommended by the Planning and Zoning Board. Mayor Pro Tem Hoog stated that all of Council should see the presentation. Mr. Boucher clarified that discussion with Mr. Laurien could be covered in a series of meetings. Council members agreed that meeting with Mr. Laurien was the first step. City Attorney Will Draft a Referendum Question for a 45 -Feet Building Height Limitation in Residential Zoning Only Forwarding to the Local Planning Agency for Review. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Proposed Changes to the June 3, 2008, Minutes Page 2, 1 st paragraph, line 4, prior to "their" being heard Page 2, 3rd paragraph, line 4, training center at "the" Florida Institute Page 5, 1 st bullet, lines 2,3, and 4, clarification/consistency of reference to "Florida East Central Regional Planning Commission" or "East Central Florida Regional Development Committee" Page 5, 2nd bullet, line 2, development presentation next Wednesday "at the Planning and Zoning Board meeting." Page 5, 4th bullet, lines 1,2, clarification of "obtain" or "maintain" their infrastructure and clarification o which part of Ocean Woods' infrastructure is being referred to Page 5, 4th bullet, line 8, If improvements were found "necessary" as a result of the study Page 6, City Council, Council Member Roberts, 3rd bullet, 3rd line, during their tenure, "and what they want to accomplish as a continuing member of the Board in the future." Page 6, City Council, Council Member Roberts, 3rd bullet, 4th line, City's "A"dvisory Board Page 6, City Council, Council Member Roberts, 6th bullet, 2nd line, could place "a" time delineation Page 9, 3rd paragraph, 1 st line, each of "the" corrected points Meeting Type: Regular Meeting Date: 07-01-08 AGENDA Heading Ordinances -2nd Reading Item 2 No. will allow the city manager to designate a business license official. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2008, AMENDING CHAPTER 70, DEFINING AND DESIGNATING THE BUSINESS LICENSE OFFICIAL DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council approve at second reading, Ordinance No. 07-2008, amending Chapter 70, Article III, related to local business tax receipts, defining the term `Business License Official", designating the business license official, and making conforming amendments to Chapters 6 and 10 of the City code. Summary Explanation & Background: The Building Department is now set up to review and issue business tax receipts. This proposed ordinance will allow the city manager to designate a business license official. I recommend approval. Exhibits Attached: Proposed Ordinance No. 07-2008 City anager's Office Department ADMINISTRATION/CITY MANAGER cape-nt\xim\mydocuments\admin\council\meeting\2uu8\u/-Ul-U8\U"/-2UU8.doc ORDINANCE NO. 07-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 70, ARTICLE III, OF THE CITY CODE RELATED TO LOCAL BUSINESS TAX RECEIPTS; DEFINING THE TERM "BUSINESS LICENSE OFFICIAL" AND DESIGNATING THE BUSINESS LICENSE OFFICIAL AS THE OFFICIAL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF LOCAL BUSINESS TAX RECEIPT REGULATIONS; MAKING MISCELLANEOUS CONFORMING AMENDMENTS FOR CONSISTENCY IN CHAPTERS 6 AND 10 OF THE CITY CODE; 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 a municipal purpose, except when expressly prohibited by law; and WHEREAS, the City Treasurer is currently responsible for issuing, recording and revoking local business tax receipts; and WHEREAS, the City desires that the City Building Department, assume the responsibility of issuing, recording, and revoking local business tax receipts, as provided herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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 70 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 70. It is intended that the text in Chapter 70 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 07-2008 Page 1 of 6 CHAPTER 70 TAXATION ARTICLE III. LOCAL BUSINESS TAX Section 70-66. 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: _Business license official means the official charged with the administration and enforcement of this chapter, as designated by the city manager. Section 70-70. Form, signing of receipts, report of information. (a) The city treastne, business license official shall prescribe the form of all local business tax receipts and applications therefor, and, except as otherwise provided by ordinance, all receipts shall be signed by the city heasrner business license official and shall be invalid for all purposes unless so signed. (b) Each person required to pay a local business tax shall report under oath to the eitp treasurer business license official all information necessary for a proper determination of the local business tax due for each classification to which he or she is subject, including the number of employees, size or average inventory of stock on hand. The city tievistite. business license official is authorized to prepare interrogatories to furnish forms for filing of the reports to obtain the information necessary to determine the proper local business tax due. The city, ficasuret business license official is further authorized to make such investigation and inspection of each place of business and those records pertaining to those taxes due under this article. Section 70-71. Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the local business tax required by this article in the manner provided in this article or to fail to make any reports to the city-treasarer business license official as required or to violate any other section of this article. City of Cape Canaveral Ordinance No. 07-2008 Page 2 of 6 Section 70-74. Receipt year; tax payment date; term of receipt; proration of tax. The receipt year for all local business tax receipts shall begin October 1 of each year and shall expire on September 30 of the succeeding year. All such receipts shall be issued by the city ti MISM C, business license official beginning August 1 of each year upon receipt of the appropriate local business tax, and such tax shall be due and payable on September 30 of each year. If September 30 falls on a holiday or a weekend, the tax shall be due and payable on or before the first working day following September 30. No receipt shall be issued for more than one year. For each receipt obtained by any new business, occupation or agent after April 1 of the following year, 75 percent of the tax for one year shall be paid and shall be reduced by an additional 5 percent per month for each month thereafter for businesses, occupations or agents which open or start after April, but before October, unless otherwise provided in this article. Section 70-80. Issuance of duplicate. Duplicate local business tax receipts may be issued by the city treasuie, business license official. A fee of $10.00 will be assessed for each duplicate receipt issued. Section 70-81. Transfer of receipt. (a) Receipts may be transferred from one location to another, provided that the receipt is presented to the department of finance building department for approval of such transfer. Such transfer of receipt approved by the city treasute, business license official will be made only after payment to the city of a fee up to ten percent of the annual local business tax, but not less than $3.00 nor more than $25.00. Section 70-86. Records of issued receipts. Thee"' ireasarer business license official shall keep an accurate and thorough record of all local business tax receipts issued, showing the nature of the receipt, its date, expiration and to whom issued. Section 70-87. Records of receipts. Every person engaging or continuing in the city any business or exercising any privilege subject to a local business tax shall keep and preserve suitable records of the average annual inventory of stock on hand, records sufficient to show the number of employees and a record of all goods and merchandise purchased or received for resale. Every such person shall keep and preserve, for a period of two years, all invoices of goods and merchandise purchased or received for resale and City of Cape Canaveral Ordinance No. 07-2008 Page 3 of 6 the employment records of all employees and shall furnish such records to the citytreast►rer business license official for inspection upon request. Section 3. Conforming Amendments. The following conforming amendments to Chapters 6 and 10 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby adopted as follows (underlined type indicates additions and strikeet-tt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapters 6 and 10. It is intended that the text in Chapters 6 and 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 6 ALCOHOLIC BEVERAGES ARTICLE II. OPERATION OF ESTABLISHMENTS Section 6-27. Nudity on premises where served, consumed or stored. (d) If the owner, operator, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the city at which alcoholic beverages are offered for sale, served, consumed or stored shall be convicted of any of the offenses designated in subsection (a), the city treastliel business license official, as desi nay ted by the city manager, shall revoke the local business tax receipt for the establishment after giving a reasonable notice thereof to the holder ofthe receipt and affording the holder an opportunity to be heard as to why the revocation should not be issued. CHAPTER 10 AMUSEMENTS AND ENTERTAINMENTS ARTICLE III. OUTDOOR ENTERTAINMENT City of Cape Canaveral Ordinance No. 07-2008 Page 4 of 6 Section 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this article shall be punished as provided by section 1-15. (b) The city council may revoke the special outdoor entertainment permit granted and shall immediately notify the city treasurer business license official, as designated by the city manager, to revoke any local business tax receipt upon the occurrence of any violation of this article. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 07-2008 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2008 Page 6 of 6 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared KATHY CICALA who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY , a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD# 968766 $ 154.80) the matter of CITY OF CAPE CANAVERAL the Court NOTICE OF PUBLIC HEARING ORDINANCE NO. 07-2008 & 08-2008 was published in the FLORIDA TODAY in the issues of JUNE 21, 2008 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. J (Si ature o A nt) Sworn to and subscribed before this 21st, day of JUNE, 2008 uuwuuuswsuseeunuuaeeeoawa JULIA A. BOWMAN Gomm# DD08p7280 j Q, �Signaturof Notary Public) Expires 1=201p g No"Asee.alna s JULIA A. BOWMAN -..F96agaaaauaoaaaaaae.eauaa7a��ggp���e��a��� (Name of Notary Typed, Printed or Stamped) Personally Known X or Produced Identification Type Identification Produced AI} W766,W21/2008 NOTICE OF PUBLIC T Council of the City a Cape Canaveral, Florida wil hold a Public Hearing for IN Purpose of adopting Ordinancf No. 07-2008 and Ordinance No 08-2008 in the City Hall Annex, 111 Polk Avenue, Cape Ca. naveral, Florida at 7 P.M., or Tuesday, July 1, 2008. These Ordinances may be inspected In their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 07-2W8 AN ORDINANCE OF THE CITY OF CAPE CANAVER- AL, FLORIDA, AMENDING CHAPTER 70, ARTICLE III, OF THE CITY CODE RE- LATED TO LOCAL BUST- NESS TAX RECEIPTS; DE- rionaa statutes, the City here- by advises the public that. R 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 Per- son might need to ensure that a 'verbatim record of the pro- ceedings is made, which re- cord includes the testimony and evidence upon which the appeal is 10 be based. This no- tice floes not constitute consent by the City for the infraduction or admission into evidence of otherwise inadmissible or irrel- evant evidence, nor does it au- thorize challenges or appeals not otherwise allowed by law. Persons with disabilities need- ing assistance to Participate in any of these Proceedings should confect the city aeWs office (868-1221) 48 hours in advance of the meeting. Susan Srdls, CMC CdY Clerk Meeting Type: Regular Meeting Date: 07-01-08 AGENDA Heading Ordinances -2nd Reading Item 3 No. qualifying period ahead by one week as well. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-2008, AMENDING CHAPTER 26, ELECTIONS, CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICE OF MAYOR AND CITY COUNCIL, CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS DEPT/DIVISION: ADMINISTRATIVE/CITY CLERK Requested Action: City Council approve at second reading, Ordinance No. 08-2008, amending Chapter 26, Elections, changing the qualifying period for candidates for the office of mayor and city council, consistent with the requirements of the Brevard County Supervisor of Elections. Summary Explanation & Background: The legislature moved the primary election date one week earlier, thus requiring the City to move its qualifying period ahead by one week as well. I recommend approval. Exhibits Attached: Elections Office E-mail; Ordinance No. 08-2008 City Manager's Office Department ADMINISTRATIVE/CITY CLERK cane-nt\ki Page 1 of 1 Bennett Boucher From: Susan Stills [stills-cape@cfl.rr.com] Sent: Friday, June 06, 2008 11:56 AM To: 'Anthony Garganese'; 'Kate Latorre' Cc: 'Bennett Boucher' Subject: FW: City Qualifying Dates From: Judy Pecot[mailto:jpecot@brevardelections.org] Sent: Friday, June 06, 2008 11:39 AM To: Susan Stills Subject: City Qualifying Dates I was reviewing your qualifying dates and wanted to remind you that we need to change them to an earlier date this year and all future years to be no later than the 74th day prior to the General election. The legislature once again has changed our Primary election date by moving it one week earlier to August 26. We will begin printing our ballot information for the General election that night immediately after results are determined. Therefore, we will need to have your city's ballot information in our office no later than that day. Please consider changing your qualifying period so the very last date for qualifying is the 74th day prior (August 22). Hopefully you have a meeting soon whereby you can pass an ordinance. I'm sorry for this change again but we never know what the legislature is going to do to us. If you have any questions, feel free to contact me. Thanks, Judy 6/12/2008 ORDINANCE NO. 08-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Brevard County Supervisor of Elections now requires that all qualifying for municipal candidates be complete and submitted to the Brevard County Elections Office no later than August 22, 2008 the 74th day prior to the general election; and WHEREAS, under sections 26-3 of the Cape Canaveral Code of Ordinances, the qualifying period for candidates for the offices of the Mayor and City Council are inconsistent with the Brevard County Supervisor of Elections' deadline; and WHEREAS, the City Council desire to amend the City's qualifying periods to be consistent with the requirements of the Brevard County Supervisor of Elections and to allow the City Clerk's office an adequate time period to compile and transmit to the Brevard County Supervisor of Elections all information pertaining to candidates seeking election to municipal office; 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 26, Elections, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotrttype indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of City of Cape Canaveral Ordinance No. 08-2008 Page 1 of 3 text existing in Chapter 26, Elections. It is intended that the text in Chapter 26, Elections denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 26. ELECTIONS Sec. 26-3. Qualifying period—Generally. The qualifying period for candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 8 ]-st 88th day prior to the general election and no later than 12:00 noon of the 6 -7th 74th day prior to the date of the general election. 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. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 08-2008 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this , 2008. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. 08-2008 Page 3 of 3 day of For Against Meeting Type: Regular Meeting Date: 07-01-08 AGENDA Heading Resolutions Item 4 No. Removal decision pending council's deliberation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-14, REMOVING A MEMBER FROM THE PLANNING & ZONING BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: At the City Council Meeting on 06-17-08, Mayor Pro Tem Hoog requested that City Council remove Chairperson Bea McNeely from the Planning & Zoning Board. Summary Explanation & Background: City Council tabled the removal action until they had an opportunity to examine, verify and make an opinion at this meeting. Removal decision pending council's deliberation. Exhibits Attached: Resolution No. 2008-14 City Manager's Office Department LEGISLATIVE cape-nt\kim\mydocuments\admin\council\meeting\2008\07-01-08\2008-14.doc RESOLUTION NO. 2008-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING A MEMBER OF THE PLANING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, in accordance with section 2-171(e) of the City Code, desires to remove a member of the Planning and Zoning Board; and WHEREAS, section 2-171(e) provides that persons shall be appointed to and removed from city boards and committees by majority vote of the City Council and by resolution; and WHEREAS, section 2-171(e) further provides that board and committee members shall serve at the pleasure of the City Council and may be summarily removed at any time with or without cause; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to remove this regular member from the Planning and Zoning Board; 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: 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. Removal of Bea McNeely. Bea McNeely is hereby removed as a member of the Planing and Zoning Board. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2008-14 Page 1 of 2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2008. ATTEST: SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Leo Nicholas Rocky Randels Shannon Roberts Buzz Petsos City of Cape Canaveral Resolution No. 2008-14 Page 2 of 2 ADMINISTRATION § 2-1.71 DIVISION 5. CITY TREASURER* ARTICLE N BOARDS, COMMTTEES, COMIVIISSIONSt Sec. 2-141. Duties. DIVISION 1. GENERALLY The city treasurer has the duties and respon- sibilities to: Sec. 2-171. Uniform procedures and require- ments. (1) Collect monies pursuant to directive of the city manager and city council. (2) In conjunction with the city manager, prepare the annual budget with the assis- tance of all offices and boards and make available a monthly report of income and expenditures relative to the current bud- get. (3) Directly administer and supervise the units of the office. (Code 1981, § 231.41(D)—(F)) Secs. 2-142-2-150. Reserved. DIVISION 6. CITY ENGINEER Sec. 2-151. Duties. The city engineer is designated by the city council and is directly responsible to the council. The city engineer has the duties and responsibil- ities to: (1) Conduct research in engineering matters as directed by the council. (a) Purpose and intent; conflicts. The purpose and intent of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and require- ments for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent any provision of this section con- flicts with any other provision of this Code, it is the intent of the city council that the provisions of this section shall prevail. To the extent the provi- sions of this section are preempted by state or federal law, it is the intent of the city council that the provisions of state or federal law shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: (1) Registered voter shall mean a person duly registered to vote in city elections at all times while serving on a board or commit- tee. (2) Perform engineering functions as may be (2) Resident shall mean any person living directed by the city council. within the city limits at all times while (Code 1981, § 231.51(A), (B)) serving on a board or committee, and at least 12 months prior to being nominated, elected or appointed to the board or coin- mittee. Secs. 2-152-2-170. Reserved. tCross references—Code enforcement board, § 2-256 et *Charter references—Appointment by city manager; du- seq.; commercial development board, § 22-26 et seq.; library ties, art. XI, § 1. board, § 46-26 et seq.; recreation board, § 54-26 et seq.; Cross references—Finance, § 2-206 et seq.; taxation, ch. planning and zoning board, § 58-26 et seq.; local planning 70; utility service rates, deposits and billing procedures, agency, § 58-56 et seq.; zoning board of adjustment, § 110-26 et § 78-151 et seq.; schedule of fees, app. B. seq. Supp. No. 12 CD2: 11 § 2-171 CAPE CANAVERAL CODE (c) Requirements of board and committee mem- bers. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (1) Complete a board or committee applica- tion as prescribed by the city council; (2) Consent to a standard criminal back- ground check, at the discretion of the city council; (3) Be a resident and registered voter as defined by this section unless the city council by unanimous vote waives this requirement upon a determination that a vacancy on a board or committee must be filled by a person with specialized skills and training and a resident and regis- tered voter with such skills and training cannot be reasonably found to fill the vacancy. If said requirement is waived, the vacancy shall only be filled by a per- son who is a resident of the city or who owns a business or real property within the city; and (4) Have never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, unless their civil rights have been restored. Any plea of nolo contendere shall be considered a convic- tion for purposes of this paragraph. (5) Complete interviews with the board or committee on which the person is seeking appointment and with the city council. (d) Limitation on number of nonresidents serv- ing on boards and committees. Notwithstanding the foregoing, the maximum number of persons not satisfying both the residency and registered voter requirements of this section that can serve on a particular board or committee shall be equal to 25 percent of the total number of voting board or committee members allowed to be appointed or elected to that particular board or committee. (e) Appointment and removal of members. All persons shall be appointed to, and removed from city boards and committees by majority vote of the city council and by resolution, unless other- wise provided in this section. Board and commit- tee members shall serve at the pleasure of the city council and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring, upon any person, any right or interest in serving on a board or committee including, but not limited, to a contract, liberty, property or vested right. (f) Term. All board and committee members shall be appointed to serve three-year terms and may be reappointed by the city council for subse- quent three-year terms without limitation. Not- withstanding, the city council may appoint a member to a term of less than three years in order to stagger the terms of the entire board or com- mittee. If a member is removed, or vacates their appointment for any reason, including death, excessive absence, or resignation, prior to the expiration of their term, the city council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. (g) Absences. Any board or committee member incurring five consecutive absences from any reg- ularly scheduled meeting of the board or commit- tee, or seven absences from any meeting of the board or committee within a 12 -month period, (starting with the last absence and counting back- ward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Any meeting which is cancelled, other than for a lack of a quorum, shall not be counted for purposes of determining absen- teeism. Absences which occurred prior to the date of reappointment of any board or committee mem- ber shall not be counted toward automatic re- moval. However, if any board or committee is regularly scheduled to meet less than once per month, a board or committee member shall be automatically removed if the member fails to attend 40 percent of the regularly scheduled meet- ings within a 12 -month period. (h) Compensation. All board and committee members shall serve without compensation, ex- cept as provided in the City Code for per diem subsistence and travel allowances for official travel. (i) Chairmanships. Each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chair- person and vice -chairperson. The election shall Supp. No. 12 CD2:12 ADMINISTRATION occur annually at the first meeting held in Janu- ary, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their first regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chair- person or vice -chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at such other times as a majority of the members of any board or committee may deter- mine 0) Rules and procedures. The city council may adopt and amend, from time to time by resolution, general and quasi-judicial rules and procedures for boards and committees. All boards and com- mittees shall at all time comply with the general rules and procedures, and when applicable, the quasi-judicial rules and procedures. A board or committee may adopt additional rules and proce- dures provided that such rules or procedures are supplementary in nature and not inconsistent with the rules and procedures adopted by the city council and any federal, state, or local law. Any rule or procedure adopted by the board or com- mittee may be amended or repealed by the city council. (k) Quorum; board actions. A majority of the members of each board or committee shall consti- tute a quorum. The affirmative vote of the major- ity present shall be necessary for any board actions; provided, however, it shall take three affirmative votes to pass or approve any action, unless a super -majority is otherwise required by local, state or federal law. (1) Public meetings; minutes. All meetings of boards or committees shall be open to the public. The city manager shall designate a secretary, for each board or committee, whose duties shall in- clude keeping minutes of all the meetings of the board or committee and recording the actions and/or recommendations of each board or commit- tee, including showing the vote of each member upon each question or if absent or failing to vote indicating such fact. The city manager may ap- point a board or committee member to serve as secretary. The city shall be custodian of all records § 2-171 of the boards or committees, and such records shall be maintained in the same manner as other city records. (m) Alternate members. At the discretion of the city council, two alternate members may be ap- pointed to each city board or committee. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discus- sions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board or committee who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed as a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member_ shall be designated as the second alter- nate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at the meeting. If two or more regular board members are absent from an official board meeting, the second alter- nate member shall assume all duties of the absent regular member, including the right to vote on any matter before the board at the meeting. In the absence of the first alternate board mem- ber from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at the meeting. (n) Ad hoc committees. The city council may create by resolution, from time to time, temporary ad hoc committees to serve a limited purpose. The resolution may exempt the committee from all or part of the requirements of this section. (o) Interviews. Prior to a person being ap- pointed to a board or committee, the person shall be interviewed, in person, by the board or com- Supp. No. 14 CD2:13 § 2-171 CAPE CANAVERAL CODE mittee on which the person is seeking appoint- ment and by the city council. The board or com- mittee shall make a recommendation to the city council on whether the person should be ap- pointed to their respective board or committee based on the requirements of this section. (p) Ex -officio members. At the discretion of the city council, ex -officio members may be appointed to each city board or committee to serve in an advisory capacity to such board or committee. Ex -officio members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Ex -officio members shall not be permitted to vote on matters before the board. Each ex -officio member shall meet all of the requirements for board membership provided within this section and as otherwise provided by law. (Ord. No. 12-2003, § 2, 7-1-03; Ord. No. 20-2004, § 2, 11-16-04) Secs. 2-172-2-180. Reserved. DIVISION 2. BEAUTIFICATION BOARD Sec. 2-181. Established, membership, terms, qualifications. A beautification board, which shall consist of seven members, is established. (Code 1981, § 251.01; Ord. No. 48-93, § 1, 1-4-94; Ord. No. 12-2003, § 2, 7-1-03) Sec. 2-182. Meetings. Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. (Code 1981, § 251.02; Ord. No. 12-2003, § 2, 7-1-03) Sec. 2-183. Reserved. Editor's note—Ord. No. 12-2003, § 2, adopted July 1, 2003, deleted § 2-183, which pertained to absence from meet- ings. Sec. 2-184. Duties. The beautification board shall plan and pro- pose to the city council such landscaping and beautification programs as shall seem desirable and feasible to the board for the benefit of the city. Such programs are to apply to all areas of the city. The beautification board shall cooperate with and assist any organizations or private individuals or groups of individuals conducting private landscap- ing and beautification programs in the city. (Code 1981, § 251.03) Sec. 2-185. Coordination with planning and zoning board. The beautification board may appoint one mem- ber to serve as a representative to the planning and zoning board to act as an advisor to the planning and zoning board on matters of city beautification. (Code 1981, § 251.04) Cross reference—Planning and zoning board, § 58-26 et seq. Sec. 2-186. Indebtedness. The beautification board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, un- less prior approval has been obtained from the city council. (Code 1981, § 251.05) Secs. 2-187-2-205. Reserved. ARTICLE V. FINANCE* DIVISION 1. GENERALLY Sec. 2-206. Quarterly report of income and expenditures. At the beginning of each quarterly period dur- ing the fiscal year and more often if required by the city council, the city treasurer shall submit to *Cross references—City treasurer, § 2-141 et seq.; taxa- tion, ch. 70; sanitary sewer system impact fees, § 78-121 et seq.; schedule of fees, app. B. State law reference—Municipal finance and taxation, F.S. § 166.101. Supp. No. 14 CD2:14 PLANNING & ZONING BOARD MEETING MINUTES MAY 28, 2008 A Regular Meeting of the Planning & Zoning Board was held on May 28, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate MEMBERS ABSENT Ronald Friedman 2nd Alternate OTHERS PRESENT Rocky Randels Mayor Robert Hoog Mayor Pro Tem Shannon Roberts Councilmember Bennett Boucher City Manager Todd Morley Building Official Todd Peetz City Planner Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes May 14, 2008. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of May 14, 2008, as written. Vote on the motion carried unanimously. DISCUSSION 1. Presentation: Guest Speaker - Phil Laurien, Executive Director of the East Central Florida Regional Planning Council. Todd Peetz, City Planner, introduced guest speaker Phil Laurien, Executive Director of the East Central Florida Regional Planning Council. Mr. Peetz announced that Mr. Laurien had a broad knowledge and extensive expertise in planning, and he was at the meeting to assist the Board by giving guidance for redevelopment and mixed-use. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 2 Phil Laurien, Executive Director of the East Central Florida Regional Planning Council, advised that many communities were currently considering redevelopment. He began by presenting a PowerPoint presentation which highlighted ways of how to promote more growth and redevelopment by creating town center(s) to avoid urban sprawl. He used the City of Tavares as an example of this. Mr. Laurien requested that the members ask themselves how the City should grow and to think about the following: • History of Visioning • Intensity of neighborhoods within a Community Redevelopment Agency (CRA) • Preference survey for architecture and use within neighborhoods • Refine the meaning of intensity • How tall was too tall • Should tall buildings belong along the water frontage The Board members viewed photographs of various down -town areas and were asked: • How tall were the buildings? How tall should they be? What were they used for? Could water be scene or did the buildings block the water? What could be changed? What should stay the same? • What did they like about the scene? • What did they not like? • What could be changed? • What should stay the same? • What elements of the old neighborhood did they like? • Did they like the picture of the old courthouse, and if so, what did they like. The Board members were asked to consider identifying the City's strengths, weaknesses and opportunities. Mr. Laurien pointed -out the strengths, weaknesses and opportunities of the City of Tavares by obtaining community input as follows: Strengths - 100% of 28 votes said that they had unique opportunities, a great grid street system and downtown parks; 96% of 27 votes said that they lived within 1 1/2 blocks away from downtown and could walk to everything except the grocery store, and most of their children walked to school. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 3 Weaknesses - 93% of 26 votes said the City was reactive, not proactive; 78% of 22 votes said the City was losing its history; and 61% of 17 votes said that the black community felt left out and not a part of the City anymore. Opportunities - 100% of 28 votes said that their could be a town center like it once was in the old town; 100% of 28 votes said that economics was pushing people back to live/work neighborhoods; 96% of 27 votes said that the City had the basic elements of an old neighborhood and needed the return of the butcher, baker, and grocery to the downtown; 89% of 25 votes said that the City needed to identify which laws needed to be changed to enhance redevelopment of downtown; 82% of 23 votes said that the City had assets and infrastructure other places did not and could be redeveloped more easily as a transportation hub; 100% of 28 votes said that investment came to small towns with better plans; 100% of 28 votes said the City had to have a vision; 93% of 26 votes said that they had a great city park on the lake; 86% of 24 votes agreed that codes were in place to redevelop; and 71% of 20 votes said that successful communities had rail, jobs and schools downtown and that the base core was still there. Threats - Hear talk like visioning before. Example: We saved a 10 year old agenda - nothing got done. Mr. Laurien advised that there was a movie called "Save our Lands, Save our Town" which teaches the difference between old and new neighborhoods; and identified historic development patterns that: 1) supported regular interaction of neighbors; fostered a pedestrian friendly environment; 3) provided for open space; and creation of a city's identity by visible boundaries. The movie also taught that history would play an important role in the future. Mr. Laurien advised that in considering redevelopment, the City of Tavares viewed a PowerPoint titled "The Scale of Great Places", which explained how Savannah, Georgia and Miami Beach, Florida reinvented themselves around the theme of their historic core. They had defined "human scale" as architectural elements built to human proportions (steps, doorways, railings, columns, eaves, niches, medallions, and moldings). They learned how human scale is deliberately ignored, by modernist architects to achieve a larger than life monument effect. Mr. Laurien explained that even as taller buildings rose above the more typical 3-4 stories, their architecture, landscaping, and detail remained human in scale. He showed an example of a taller building and asked the Board if the building looked appropriate. He advised that the building was six stories surrounded by three stories. The Board looked at photos of the Savannah College of Art and Design building that was six stories; and a plain office building to the rear of the college that was seven stories tall which looked out of place. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 4 The Board looked at an example of two large buildings along a waterway that were considered out of scale and not in harmony with the architecture of other buildings in Savannah. The next step that the City of Tavares did was to discuss how to capitalize on strengths and overcome weaknesses by turning them into opportunities. The attendees of the meeting were asked to participate in an exercise. The participants were given disposable cameras and were asked to photograph beautiful or ugly attributes of a City (architectural styles, densities, signage, colors, etc.) A month later, the participants brought in photographs which were randomly clustered and placed onto display boards. Each participant received red, blue, green & yellow stickers. The red stickers were placed next to the type/style of buildings preferred as next most intense type of development. Green dots were placed next to the type/style buildings for the next most intense type of redevelopment. Yellow dots were placed next to building pictures that typified the least intense development. Attendees also place colored dots onto the CRA map. Red dots were placed where the highest intensity development was preferred, followed by blue, green, and yellow for the least intense. The conclusion was that there were neighborhoods within the CRA District. The Board members looked at several photographs from the PowerPoint that showed the results of the exercise. Mr. Laurien recapped that the red votes included: buildings not exceeding five stories high; mixed use buildings (i.e. retail, offices, residential); awnings; tables with umbrellas; street trees; nice lighting; wide sidewalks; streetscape; human friendly; on -street parking; people friendly streets; encourage tourism downtown; detailed architecture and various styles; retail on the 1st floor, residential above. Mr. Laurien advised that the City Council's CRA Goals for the City of Tavares included: • Promoting the CRA as a focal point of the community by providing and encouraging designed spaces for a wide range of offices/studios, businesses, retail shops/eateries, public gathering areas, and cultural activities. • Create short term and long term plans. • Create an economic development strategic plan (downtown job creation). • Provide for the implementation of design standards and guidelines to promote development and redevelopment that is sensitive to architectural resources and quality design, preserves visual quality, enhances visual unity and accommodates pedestrians. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 5 • Promote the integration of pedestrian traffic with vehicle traffic. • Promote the efficient use of land and sensitivity to the environment and water bodies. • Provide for a mixed-use of housing with commercial that is compatible with the development in areas of similar intensity. • Encourage quality facades along streets, sidewalks, and pedestrian ways which will contribute to the City's overall character and charm. • Promote projects which will encourage private, public, and civic partnerships in order to bring patrons to the downtown area (Festivals, block parties, entertainment, events, etc.) Mr. Laurien shared the following suggestions and considerations to help the City: • Complete a downtown development assessment. • Evaluate the needs and opportunities for the community. • Create a vision. What does the City want and where do they want it located? • Analyze existing land use. • Define a downtown center. • Refine the meaning of intensity in the various districts you create. • Establish a vision for the CRA neighborhoods. • Write form -based codes that incorporate the vision and the CRA Goals. • Change the Comprehensive Plan by adding incentives to stimulate redevelopment. • Good investors do not want to come and fight with a City for years and years. They will bring their money somewhere else. • Increase intensity and demand amenities from developers. • Consider extending existing sidewalks, walkways and bike paths. • Try to create a town center to live, work and play. • Refine the meaning of intensity. • Set buildings back for angled parking vs. parallel parking. • Maximize number of parking spaces. • Create short-term and long-term plans. • Create sub -zones to better develop the City's vision - where image and reality align. • Create a Vision Statement. • Start with one good City block or area that would be enticing to developers. • Define a place (location, location, location). • Create a theme. 9 Adequate intensity can change from block to block. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 6 • Consider what's the most viable economic use of property is. • Transportation element is important. Consider expanding bus routes. • Show visual preferences and get comments from the public. • For retail, include: general stores, spas, coffee shops, downtown restaurants, sidewalk vendors, ice cream parlors, drug stores, bakeries, and flower shops. • Revise existing codes for specific mixed use overlays, in defined areas, so existing uses would not become non -conforming. • Begin the thought process by contacting everyone that is located within an overlaid area. Invite them to a meeting when you will be talking about redevelopment within their area. Suggest that they work together with the City. Take them on a bus tour to look at existing properties and ask what their future desires would be if the overlaid areas were redeveloped. In an effort to keep the City's momentum going, Mr. Laurien offered to comeback, (if the Board would be patient on scheduling) and bring a 50 minute movie titled: Save our Land, Save our Town for the Board and audience to watch and then open the meeting to discussion. Mr. Laurien gave two web -site addresses: www.flickr.com to look at photographs of various mixed-use developments; and www.myregion.org to review an article called "How Should We Grow?" The Mayor and City Council members in attendance, Board members, City staff and the audience thanked Mr. Laurien for his time and excellent presentation. 2. Discussion Re: Mixed Use Districts Chairperson McNeely announced that the Board had already had enough discussion about mixed use districts for the evening. OPEN DISCUSSION John Porter, resident, property owner, and business owner, asked to address the Board to discuss a potential project on his family's 5.8 acres of commercial property along N. Atlantic Avenue. Chairperson McNeely allowed Mr. Porter to speak. He thanked the Chairperson and advised that he had a potential buyer for the property who wanted to construct a two flag hotel, with 171 rooms; and four accessory structures. Nikesh Shah, potential buyer, provided the Board members a hand-out showing a proposed architectural rendering and site layout of the property. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 7 Laura Minton Young, Esquire, spoke regarding the proposed hotel project. She advised that Manzill, LLC was proposing to develop a hotel to be located on an approximately 5.8 acre lot, with a detached restaurant. The question to the Board was whether the proposed hotel project satisfied the City's density requirement, which was calculated as rental units per acre, mandated by the City code. Ms. Young explained that C-1 is the only zoning classification that permitted hotels. Such permitted hotels must have a minimum of 150 rental units with no more than 30 rental units per net acre. She voiced her opinion that based on Section 110-332, the only hotel projects permitted in the City were those with at least 150 rental units necessitating at least five net acres. Unfortunately, the City's Land Development Code failed to provide a definition of what constituted a net acre. The only place where density could be calculated per the City's code was in Section 110-1, where the term "net residential acre" is defined. Ms. Young explained that restaurants are customarily accessory uses for hotel projects providing service to its hotel guests and others. Accordingly, net acreage for purposes under City Code Section 110-332 should include the horizontal acreage of a lot devoted exclusively to hotel uses and accessory restaurant uses. She voiced her opinion that clearly, that was how Section 110- 332 would be applied if the restaurant was inside the hotel. She advised that nothing in the City's code indicated a different standard should be applicable because the restaurant is located outside of the hotel, as a free standing facility. Ms. Young read the City's definition of accessory use. She stated that accessory use meant a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. She voiced her opinion that the definition indicated that an accessory use could be a separate structure on a lot. She noted that restaurants do not provide lodging of any kind, and therefore, did not contribute rental units to a hotel's density requirements. Ms. Young explained that the City promulgated Section 110-253 to prevent the reuse of area used for density calculation in certain instances. It provided that the area used in either a site plan or plot plan to determine the number of living units allowed in that area shall not be reused in computing the number of living units for that area or for any subsequent area used within that area. The Section dealt with the use of an area to compute the number of living units for a project or area more than once to allow more living units than would normally be permitted under the Code. Ms. Young used the following example: two hotels could not utilize the same area to permit 150 units for each hotel. This development project did not fall into the jurisdiction of this prohibition because it included only one use or structure that had a density requirement, the hotel, and one structure or use that did not, the restaurant. The developer is not attempting to gain more density, rental units per acre, than would normally be permitted on the lot in the C-1 zone. Planning & Zoning Board Meeting Minutes May 28, 2008 Page 8 Ms. Young explained that the proposed project did not entail subdividing the lot to provide an out parcel for the eating establishment. Both the hotel and the eating establishment would be located within the boundaries of the one lot and would be under common ownership. The project should be considered one development project. The hotel project would be immensely beneficial for the surrounding area and the overall commercial district because it would increase the productivity and raise the quality of the current use of the property. The Board held discussion regarding if they could have two flags in one building. The consensus of the Board was that they could have two flags in one building only under one owner and operation. The Board held discussion regarding the proposed accessory structures. The definition of an accessory structure and a hotel was read by the City pia "numerous times. The Board's discussion was based on the number of units for the hotel included acreage from the accessory structures could not be sold off. Chairperson McNeely asked Todd Peetz, City Planner, if the proposed project met the Code. He responded that everything on the site had to be one owner and one operator; and a binding development agreement should be submitted stating that it would remain in that manner of ownership and operation in perpetuity of the uses being on site. Secondly, they would need to provide a listing of the accessory uses so that if the uses changed in the future, there would be no question if the changed use was an accessory use. He noted that the City has not received any submittal for the proposed project and the plans presented were only conceptual, however the developer would need to demonstrate that the accessory uses would be customarily incidental and subordinate to the primary use. Mr. Porter, property owner, advised that the buyer wanted to make sure the City was viable to the proposed project and had support from the City before moving forward. Discussion followed. Chairperson McNeely asked Todd Morley, Building Official, his opinion on the issue. Mr. Morley answered that the City code had been enforced historically that five acres would have to be only for the hotel use. Following discussion, the Board concluded to request the City Attorney to give a ruling on incidental uses, and if two hotel chains being in one building met the intent of the City code. Mr. Porter thanked the Board. There being no further business the meeting was adjourned at 10:10 p.m. 4Bea Neel , Chairperson e Susan an, Se retary Meeting Type: Regular Meeting Date: 07-01-08 AGENDA Heading Considerations Item 5 No. Memo dated 06-25-08; bid review; final ranking; references-Gregori Construction & Engineering, Inc. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD OF BID NO. 08-04, CONSTRUCTION OF STORMWATER IMPROVEMENTS TO THE NORTHERN PORTION OF THE CENTRAL DITCH DEPT/DIVISION: STORMWATER/PUBLIC WORKS Requested Action: City Council consider the award of Bid No. 08-04, construction of stormwater improvements to the northern portion of the Central Ditch, as recommended by the assistant public works director. Summary Explanation & Background: City staff recommends Gregori Construction and Engineering. Inc. in the bid amount of $327,544.00. Exhibits Attached: Memo dated 06-25-08; bid review; final ranking; references-Gregori Construction & Engineering, Inc. City Manager's Office Department STORMWATER/PUBLIC WORKS To: Bennett Boucher — City Manager 'Iluough: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: June 25, 2008 RE: Agenda Item for July 1, 2008 Meeting The City of Cape Canaveral (City) recently advertised for bids for the "Construction of Stormwater Improvements to the Northern Portion of the Central Ditch in Cape Canaveral, Florida" (BID #08-04). Bids were accepted until 3:00 pm on May 23 - bids were opened on May 23 at 3:15 pm at the City Hall Annex. Six firms submitted bids: 1). Driveways, Inc. 2). Gregori Construction and Engineering, Inc. 3). Jobear/Warden Construction, Inc. 4). MASCI Corporation 5). Maxwell Contracting, Inc. 6). Stahlman-England Irrigation, Inc. A summary of the review of the six bids is attached. Recommendation: City staff recommends that Gregori Construction and Engineering, Inc., be awarded the City contract in the amount of $327,544.00 to perform the stormwater infrastructure construction project. This recommendation is made based on two factors: (1) bid cost and (2) ability to perform the work. Funds for the work are budgeted under 403-018-538-631001 (Capital). (Note: The majority of this work is being funded with a grant from the Florida Department of Environmental Protection — 60%/40% fund match.). a� b a� b 7� U U p o � M W sus W ti b la=yJ � AC,3 �I kn ::s 0-4U 00 rA a� a� U Io Z C7 � AG a o 3 o o kn m ci A W o � 3 Cl O �, cl ci CLID v w k & � \ 3 k m / / § � /•/ / / MEMORANDUM TO: Project File FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 05/27/08 RE: References - Gregori Construction and Engineering, Inc. 1). 05/27/08 (1130): JAR talked with Bobbi Palmer of the City of Port Orange (Purchasing). Gregori had completed a large drainage and culvert project ($950,000). Ms. Palmer stated that Gregori did a great job — worked on a quick time schedule — Gregori staff was very professional - and the only change orders were at the city's request. She looks forward to working with Gregori again in the future. 2). 05/27/08 (1140): JAR talked with Mary Bowers of the City of Rockledge (Facilities Department). Gregori completed a large drainage project ($506,000) for the city (a CDBG funded project). Ms. Bowers stated that Gregori did an excellent job — work was completed within the project time line — Gregori staff was very professional and knowledgeable - and the only change orders were at the city's request. She highly recommended Gregori for future work. 3). 05/27/08 (1215): JAR talked to Todd Buckles of Volusia County (Facilities Department). Gregori had completed a large culvert and roadway project ($425,000). Mr. Buckles stated that Gregori did an excellent job — Gregori staff was very knowledgeable - and he highly recommended Gregori for future work. City of Cape Canaveral: Gregori also installed three baffle boxes for the City of Cape Canaveral — the boxes were installed on Center Street, West Central Boulevard (Angel Isles), and Holman Avenue. The City was very pleased with the work performed - very professional staff — performed additional duties not in contract at no cost to the City — City has highly recommended Gregori to other municipal governments. City of Cape Canaveral North Ditch Baffle Box Installation SSA Job No. 06-0018 Brevard County, Florida SECTION 00300 BID For City of Cape Canaveral North Ditch Baffle Box Installation Cape Canaveral, Florida Submitted in Triplicate: VW" Z.3 , 2008 City Clerk, City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FI- 32920 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bid and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and has fully satisfied himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. This determination was made based on his personal knowledge and experience and/or having made sufficient test holes and other subsurface investigations. The bidder states that he has examined the Drawings and Specifications for the work and based on his own experience or professional advice, he has determined that the Drawings and Specifications are sufficient for the work to be done and that he has examined the other Contract Documents and all addenda relating thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Bid Bond, Noncollusion Affidavit of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds, Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications, Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Cape Canaveral in the form of contract specified, to furnish all necessary materials, equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Bid and the Contract, and called for by the Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. BID 00300-1 City of Cape Canaveral North Ditch Baffle Box installation Brevard County, Florida SSA Job No. 06-0018 The Bidder further agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds, each in the amount of one -hundred percent (100%) of the Contract price, within ten consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the Bid Security accompanying the Bid shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump sum prices named in the following schedule. Absent a Change Order, there shall be no increase in the lump sum payment. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor in the event of a Change Order, based on the quantities actually constructed as determined by the applicable measurement and payment portio!*,,-kmdng hhGi1® necifilcations. Name of BidderInc. Bidders Occupational License No. - Ovoo4qSS� Signature of Authorized Officer drew M. Title ;— Business Address73ia1G�g-;-ex<�►-ah City SW,Ven- State f'P zip Name and Address of Surety or Sureties who will sign Bonds: Performance Bond 1 8.�Y7-.S �i Z ( yS.7Atx�-/ lAyv i�A�wf+ •j �! %? �Jr1Rt�1' jet l L caS Payment Bond Maintenance Bond BID 00300-2 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 BID SCHEDULE ITEM QTY UNIT DESCRIPTION UNIT PRICE PRICE 1. 1 L.S. Mobilization $ A, 600.06 $ 19,coo. (X 2. 1 L.S. Construction Survey $ -5,500. pQ $ 3_ 5y 00.00 3. 1 L.S. Traffic Maintenance $ 1, 000.60 ;_-Z 000. pp 4. 1 EA. Remove Existing Headwall $ 3, OOb . 0 0 $ 000 00 5. 1 EA. Dewater Site $ C"00- 00 tib G co 6. 140 C.Y. Excavate $ IC:6, 00 $ Iy p� pp. p0 7. 120 C.Y. Demuck $;,0.00 $ y, p0 •tap 8. 90 C.Y. Sub -base $ %C.00 $ y 0 9. 2 EA. Type G Inlet Box $ . (0 . pA Fgpp $ 300 00 10. 3 EA. Baffle Box Model No. NSBB-8-14-103 $ bC,Wo, Cc) $ l O -6c5 11. 1 EA. Modified Type H Box $SC70rUb $'2b 0.00 12. 120 L.F. 48" HDPE Pipe(oa;140. o 13. 46 L.F. 48" RCP Pipe $ 1,50. oO $�&.qoo- 0 14. 51 S.Y. Sidewalk $_'4C1.0o $ 1„,ygq.00 15. 1 EA. Headwall $ kl000-00 $ l'b 660- 00•16. 16. 500 C.Y. Fill excavated areas $_ 46.06 $ to. 000.00 17. 275 S.Y. Grade Site $� 3.00 $ 18. 72 L.F. Install Chain Link Fence with gate $_ 40.t?0 $ Z. %10.00 Total $ 3:�,�,S�N� cx� (In words)-'i►i ret,, hA , ocired 4we-c-t _j Seven- h c� rS�r S 1=we., 'hur-,cAred %ai4 Tctxr (-Actlar:� Qnd 2erc� cent3 _$ 3)Xl��qy-a6 Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No._I_ DatedTakA 5a),*ddendum No. Dated: Addendum No. Dated: Addendum No. Dated: NOTES: 1. Bid price includes equipment rental, structures needed, labor, fuel, time. All structures shall become property of City of Cape Canaveral Public Works Department. 2. Bid price includes removal and restoration of existing asphalt and base pavement, curb and gutter, and concrete sidewalk, as applicable. 3. Quantities shown are estimated quantities for bidding purposes only. Actual quantities shall be field measured and shall be paid to Contractor based on specified Unit Price for bid item. BID 00300-3 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SECTION 00410 STATE OF FLORIDA ss COUNTY OF BREVARD KNOW ALL MEN BY THESE PRESENTS, that existing under the laws of the State of SSA Job No. 06-0018 as Principal, and as Surety, a Corporation chartered and with its principal offices in the City of and authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Cape Canaveral, Florida in the penal sum of Dollars ($ lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 1, for: City of Cape Canaveral North Ditch Baffle Box Installation City of Cape Canaveral NOW, THEREFORE, A. If the principal shall not withdraw said bid within thirty (30) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. If the principal withdraws said bid within the period specified, or fails to enter into such contract and give such bonds within the time specified, the principal shall pay the Owner the BID BOND 00410-1 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 difference between the amount specified in said bid and the amount for which the owner may procure the required work and supplies. If the latter amount is in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals, this day of , A.D., 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: WITNESSES: Name of Firm Signature of Authorized Officer (Affix Seal) Title Business Address City State BID BOND 00410-2 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 SURETY: WITNESS: _ Corporate Surety Attomey-in-Fact (Affix Seal) Business Address City State Name of Local Insurance Agency CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the principal, was then of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body. Secretary STATE OF FLORIDA ss COUNTY OF BREVARD (Corporate Seal) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the _ and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the Owner, the Sworn to and subscribed before me this 20 Personally known .......................................... OR Produced Identification ........................... (Type of Identification) day of Notary Public - State of _ My Commission Expires (Printed, typed or stamped commission name of notary public) (Attach Power of Attorney to Original Bid Bond) BID BOND 00410-3 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 END OF SECTION BID BOND 00410-4 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SECTION 00480 SSA Job No. 06-0018 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of FA ) County of T�;,,•rf,!jj_ ) Ambvw K Gnprii (1) He is \1jr ) ss. being duly sworn, deposes and says that: of (err-t�� the Bidder that has submitted the attached bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any person interested in the Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. Sworn to and subscribed before me this 9i 5--T day of "41 `r'` 2001 . STATE OF "�- -4,.rs d- , .A COUNTY OF 'jy-rc- c.� C— Personally known OR Produced Identification (Type of Identification) COMMONWEALTH OF Notary Public- State oflela,asi ,-,,IA 4 My Commission Expires Notarial Seal ( ed, ' typed or stamped commission Gary L. McKissick, Notary Publicnam of notary public) Neshannoclk Twp., Lawrence County My commission Expires July 14, 2009 Member, Pennsylvania Assochmlon of Notaries NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00480-1 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 END OF SECTION NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00480-2 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, PrQpesial-Cewfract No. for 2. This sworn statement is submitted by (name of entity submitting sworn statement) GrOV Construction and nesting Inc. whose business address is = EIMMA Road and (if applicable) its Federal Employer Identificat ' (FEIN) is 'Z3-- 7-9 ?, % 3g (If entity has no FEIN, then include Social Security Number of the individual signing this sworn statement: . 3. My name is,,,n�.� (N �.� �� and my relationship to the (please print name of individual signing) entity named above is . 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1.A predecessor or successor of a person convicted of a public entity crime: or 2 -An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of PUBLIC ENTITY CRIMES City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). V Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) s(7,7Z icg Andrew ri PUBLIC ENTITY CRIMES City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 SECTION 00670 LETTER OF TRENCH SAFETY COMPLIANCE Bidder to fill in, and submit with bid prior to execution of the Agreement. DATE: 5I ZZ- � a$ TO: City of Cape Canaveral, Owner RE: _City of Cape Canaveral North Ditch Baffle Box Installation (Contract Title) GENTLEMEN: This letter is written to give assurances that, as Contractor for the above -noted construction, we will comply with the applicable trench safety standards during the work of this Contract. We have considered the costs per linear foot for Trench Safety Measures and the cost per square foot for special shoring requirements, and have incorporated these costs into related item on the bid forms. The provision shall in no way affect the Conditions of Contract relating to changes in the work or adjustments for differences between estimated Quantities on the Bid Form and measured -in-place completed Work. In case we subcontract any portion of the Work which is subject to the "Trench Safety Act", we will be responsible for obtaining assurance of compliance with applicable trench safety standards from the subcontractor. Very truly yours, Gr@W Construction and En Inesring inc. Rafid Contractor wr, P 1115110 _J (Authorized Signat ) END OF SECTION LETTER OF TRENCH SAFETY COMPLIANCE 00670-1 Client#: 15391 GREGCON ACOROM CERTIFICATE OF LIABILITY INSURANCETOZ24 os""Y' PRODUCER Sky Ins -Cranberry Comm Lns-MIL 500 Cranberry Woods Dr, Suite 100 ry THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cranberry Twp, PA 16066 724 741-2800 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Prop Cas of Ame 25674 Gregori Construction and INSURER B: Technology Insurance Company 42376 736 Ekastown Road Sarver, PA 16055 INSURER C: INSURER D: INSURER E: 01/15/09 COVERAGES 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY DTC094SK4022 01/15/08 01/15/09 EACH OCCURRENCE $1,000,000 DAMAGE TO RE rancal $300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FXI OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 X PD Ded:2,500 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY X PRO El LOC _ A AUTOMOBILE LIABILITY DT81094BK403 01/15/08 01/15/09 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESSAIMBRELLALIABILITY DTSMCUP948K4 01/15/08 01/15/09 EACH OCCURRENCE $6,0000000 X OCCUR FICLAIMS MADE AGGREGATE $6,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND TWC3158248 01/15/08 01/15/09 TH- �( OR STATU- OER E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? - - —" E.L. DISEASE - EA EMPLOYEE $1 O00 000 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT 1 $19000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS a I ere - V Project 29992, Lynn Road Bridge Replacement, Brownsville and Redstone Township, Fayette County. It is understood and agreed that: The i1�T �exvrr 1rz� w�.. Commonwealth of Pennsylvania is included as Additional Insured on General SeAO O0- Ste. oq Liability policy as their interest may appear. 15 Days Notice of Cancellation for Non -Payment of Premium. (;px&-(tA re Commonwealth of Pennsylvania Dept. of Transportation 400 North Street Commonwealth Keystone Bldg.; 7th Floor Harrisburg, PA 17120 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -_3p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001108) 1 612 #S222769/M211224 KIJU © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S222769/M211224 Grepori Construction & Engineering, Inc. 736 Ekastown Road + Sarver, PA 16055 Phone: (724) 353-1322 0 Fax: (724) 353-2486 City of Cape Canaveral May 23, 2008 105 Polk Ave. Cape Canaveral, FL 32920 Ref. Project: Bid # 08-04 Stormwater Improvements, Central Ditch Letter of Interest Dear Sir or Madam, With this letter Gregori Construction and Engineering, Inc. wishes to express our interest in bidding the referenced project. We have received the bidding documents and have examined the site. We appreciate this opportunity to provide a bid to the City of Cape Canaveral. S' cerely, Andrew M. Gregori Vice President Gregori Construction & Engineering, Inc. 736 Ekastown Road • Sarver, PA 1.6055 City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Dear Sir or Madam, Phone: (724) 353-1322 • Fax: (724) 353-2486 May 21, 2008 Ref. Project: North Ditch Baffle Box Installation Cape Canaveral, FL Proposed Subcontractors As required by the bid documents for the referenced project, we are submitting this letter listing our major subcontractors for the referenced project. Gregori Construction and Engineering, Inc. will perform all items of work on this project with our own forces. We will utilize Beyel Brothers, Cocoa FL for our crane service. Please feel free to contact this office if you have any questions or if you need any additional information. Thank you. Sincerely, a�,� - Andrew M. Gregor' Vice President Gregori Construction & Engineering, Inc. 736 Ekastown Road • Sarver, PA 16055 City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Dear Sir or Madam, Phone: (724) 353-1322 • Fax: (724) 353-2486 May 21, 2008 Ref. Project: North Ditch Baffle Box Installation Cape Canaveral, FL Experience As required by the bid documents for the referenced project, the following information regarding Gregori Construction and Engineering, Inc.'s experience and financial status. Attached please find the following: 1. Listing of Current Contracts 2. Listing of Completed Contracts 3. Gregori Construction and Engineering, Inc. Balance Sheet (as of 5/21/2008) Please feel free to contact this office if you have any questions or if you need any additional information. Thank you. pi.,z-m,� r.�-� -. � 3, oma, d Lta` op GL--moc- 14.r Si erely, Andrew M. Gregori Vice President - O 0 0 O o 0 0 p 0 0 C. 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C C C 0 r w r r W N N p p d w U') CD O �¢In U C¢ N �¢ U YUaO W �LLm 0 C11 CU m C a O m -� oiLs LL iia i U E moa¢m mmY.c g 'm¢ Na• Cl.�r 4 3 oca m o U a m rn ppm Ir =_ o o i ivJpZ to o ppZ o a d c c N m p m i ¢ N C OD Q N C .H Cl OO Q U) j N 7 r2 m r m cd ® LL IL r d � LL El LL fry r N m v 111, N his ?+ O_ ".., ma. u^ ::3 a a S, o ¢ t C O 7 m E E «s = U U d T C 0) C C N C O E N m C CL rC N m m Q iA E W O rpp O U) •i 0 p 7 D 'v'� N •a) y cu > N d ILL •�� K m L rL 0 o 0 C N is N 0 N 0 N 0 N cu asV O U O i LC) CL CL Q UCLCA Y Q mol ca.- m °f-- o 3 m a cn v o �_ C13 o m` O x LU W x lfl n m n lD .V 3 n W CD N CL CO cD L6 d 'o t() a C� Ln N Ch Cn C/} N Cn CO Cl) C6 O O O O CD C C C O O N� 0 O N O N ® 05/2112008 04:12:03 PM Gregori Construction Page 1 of 3 Balance Sheet As of 05121/08 Assets Current Assets TEMPORARY ACCOUNT National City Riverside Natl Bank National City Regular Sky Bank CD National City CD Undeposited Funds Sweep Account Accounts Receivable AR Retention Completed Not Yet Billed Other Receivable Earnings Costs in Excess Inventory Asset Prepaid Corporate Taxes Prepaid Workers Comp Prepaid Insurance Other Assets Security Deposit Total Current Assets Fixed Assets Land Bldg Imp Buildings Florida Buildings Building Addition Florida Office Equip FixturesOffice Vehicles Computer Software AD Property Equip Total Fixed Assets Liabilities Current Liabilities Accts. Payable Received Not Yet Invoiced Accrued Capital Stock Accrued PensionOffice Accrued Sales Tax Benefits WHYoung Benefits WH IRON Benefits WH CARP Laborers Fringe Benefits WH Finishers 0.00 4,007.40 2,849.95 (172,081.49) 536,519.64 0.00 0.00 844,000.00 2,736,606.68 35,683.83 0.00 0.00 922,527.83 0.00 5,245.00 0.00 698.00 0.00 9,000.00 4,925, 056.84 0.00 0.00 0.00 248,594.65 0.00 0.00 2,282,258.41 85,390.66 800,137.26 66,960.65 (2,445,554.34) 1,037, 787.29 Total Assets 5,962,844.13 1,166,521.02 0.00 9,400.00 712,768.00 0.00 (58.19) 4,360.58 9,946.45 25,486.48 0.00 05/2112008 04:12:03 PM Gregod Construction Page 2 of 3 Balance Sheet As of 05121108 Operators Union Pile Drivers West Virginia Union Withheld 401K Wage Deferral Billings in Excess Child Sup WH PHEAA Repayment Credit Union Loan Repayment Payroll Liabilities Accr FICA Accr FUTA Accr SUTA Fed Tax WH Employee FICA PA SIT WH Delaware ST Tax WH WV Income Tax Withheld PA Unemp WH Workers Comp General Liability Current Year Taxes Paid Total Current Liabilities Long -Term Liabilities Line of Credit Natl City 2007 Ford F350 2007 Dodge 3500 NP 2005 Cat CL 315 Excavator NP 2005 330 CL Cat Excavator Note Pay98 Backhoe NP 2005 Dodge RAM 1500 NP 2005 Dodge RAM 2500 2006 Mack CT713 2006 Dodge Ram 2500 2007 Toyota 4 Runner 2006 Bomag Roller 650 JXT Crawler Dozer 2008 Ford F 350 2005 Toyota Land Cruiser Note Pay New Holland Skid 2005 Chevy Fleetside 4 X 4 2005 Chevy Fleetside 4 X 2 Equipment Line 2004 New Holland Skid Loader 2005 Total Long -Term Liabilities Total Liabilities 11, 992.92 0.00 0.00 (20,296.82) 2,958.16 0.00 0.00 3,239.25 191.03 0.00 0.01 819.94 11,691.08 (39,085.03) 39,085.04 0.00 0.00 0.00 390.09 35,762.21 0.00 0.00 1,975,172.22 0.00 29,378.89 25,293.11 27,994.42 59,151.03 0.00 13,124.15 16,182.76 60,704.76 12,964.64 31,881.62 10,262.60 41,238.31 (6,109.08) 26,936.58 0.00 7,597.76 5,998.73 4,878.27 4,443.10 371,921.65 2,347,093.87 Capital Shareholder Distributions 0.00 05/21/2008 04:12:03 IPM Gregori Construction Page 3 of 3 Balance Sheet As of 05/21/08 Equity Opening Bal Equity Distribution of Net Income Current Year Income Taxes Income Taxes Owners Equity Retained Earnings Current Retained Earnings Prior Common Stock Net Profit (Loss) Total Capital 0.00 0.00 (6,500.00) (176,950.00) (14,410.00) 0.00 0.00 3,122,451.17 1,000.00 690,159.09 3,615,750.26 Total Liabilites & Capital 5,962,844.13 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 SECTION 00410 STATE OF FLORIDA ss COUNTY OF BREVARD KNOW ALL MEN BY THESE PRESENTS, that GREGORI CONSTRUCTION & ENGINEERING, INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , as Surety, a Corporation chartered and existing under the laws of the State of CONNECTICUT , with its principal offices in the City of HARTFORD , and authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Cape Canaveral, Florida in the penal sum of FIVE PERCENT (57) OF TOTAL BID Dollars ($ 5% lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated M 23rd, 2008, I, for: City of Cape Canaveral North Ditch Baffle Box Installation City of Cape Canaveral NOW, THEREFORE, A. If the principal shall not withdraw said bid within thirty (30) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. If the principal withdraws said bid within the period specified, or fails to enter into such contract and give such bonds within the time specified, the principal shall pay the Owner the BID BOND 00410-1 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 difference between the amount specified in said bid and the amount for which the owner may procure the required work and supplies. if the latter amount is in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals, this2 rd day of MAY , A.D., 20 08, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (if Corporation, Secretary only will attest and affix seal). PRINCIPAL: WIT ESSES: GREGORI CONSTRUCTION & ENGINERNG;, ILS.. Ne of Firm Signature of Authori Officer (Affix Seal) Tj V-c'-- Pte, Title 736 EKASTOWN ROAD Business Address SARVER, PA 16055 City State BID BOND 00410-2 City of Cape Canaveral North Ditch Baffle Box Installation Brevard County, Florida SSA Job No. 06-0018 SURETY: TRAVELERS CASUALTY AND SURETY COMPANY WITNESS: OF AMERICA RACHEL M. CRONEN INGSFlI x Seal) 500 CRANBERRY WOODS DRIVE, SUITE 100 Business Address CRANBERRY TOWNSHIP, PA 16066 City State SKY INSURANCE Name of Local Insurance Agency CERTIFICATES AS TO CORPORATE PRINCIPAL �"s+ZatiC" I C- Gaa%. , certify that I am the Seereterpof the Corporation named as Principal in the within bond; that Andrew M. Grmri __ who signed the said bond on behalf of the principal, was then Ukc4g of said corporation; that I know his signature, and his signature hereto is genuine; and that said: bond was duly signed, -„ sealed, and attested for and in behalf of said corporationA au ority of i governing body: seerets{y ora a Seal). _ STATE OF FSA,9 ss COUNTY OF BDz�� _ Before me, a Notary Public duly commissioned, qualified and acting, personally appeared EDWARD D. RAWLINGS to me well I "$JL yW first duly sworn upon oath, says that he is the Attorne -in-Fact, for the _S= (,CWANY OF ANMCAand that he has been AY authorized by F� AND Sto execute the foregoing bond on behalf of the Contractor named therein in favor of the Owner, the CITY OF CAPE CANAVERAL . Sworn to and subscribed before me this 23rd day of�M y , 20 o8 . Personally known ... X .......... ........ ........................ OR Produced Identification ................................. �Notary Public - State of Pennsylvania (Type of identification) COMMONWEALTH OF PENN SYLVCommission Expires - Notarial Sea! r, Gary L. Mclgssick, Notary Pubfic NeshannockTwp.,LawrenceCou ted, typed or stamped commission My Commission Expires July 14,20oFha a of notary public) {Attach Power of AttorneVet0x©RVJ"dPeI;dA fjjMt n of Notaries BID BOND 00410-3 ,A. POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 218882 Certificate No. 002220532 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized tinder the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David E. Glenn Jr., Edward D. Rawlings, Rachel M. Cronen, Sandy Morris, and Cathy Vansovich of the City of _ Cranberry Township , State of Pennsylvania ___ , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Compoanndg have caused this instrument to'be signed and their corporate seats to be hereto affixed, this day of I e ruary Z__ 20th Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company. St. Paul Mercury Insurance Company Fidelity and Guaranty Ins4aiite Underwriters, Inc, Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Skates Fidelity and Guaranty Company u' ti 6 2 O �i %% 'i 927 �' � E F: _•_ n W HARTFORD. J tr�tRIFOFl0.� < D z AL Of State of Connecticut City of Hartford ss. By: --- - - Georg 6Thompson, enior ice President On this the 20th day of February 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that lie, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by hi mself as a duly authorized officer. 0 I OtA In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. THE RED WAA Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of it bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duty executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or tier certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power, of Attorney executed by.st id Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand an affixed the seals of said Cofnpanies this 23rd Kori M. Johans Assistant Secretary day of MAY _,2008 . GA6U.1�� i♦�Q.26. 3L��dtur�.-a:ti�bH•� �a ;co'11 'p� � W�4 , QJtpa�ca�amYrFhoNa' po�, G9�o�" y'`trx uca c° �rt......_;�a'� o:°....... ..: baa y`d �•_ � d`' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www,trtivelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CASH & INVESTED CASH BONDS STOCK INVESTMENT INCOME DUE AND ACCRUED PREMIUM BALANCES NET DEFERRED TAXASSET REINSURANCE RECOVERABLE OTHER ASSETS TOTAL ASSETS STATE or CONNECTICUT COUNTY OF 14ARTFORD Crry OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFomR CONNECTICUT 08,183 FINANCIAL STATEMENTAS OF DECEMBER 31,2W7 CAPITAL STOCK; 6,000,000 $ 74;$njll 3,171,420,810 14 366i447 421",#64 1190671602 43,xAO 7,619,402 3,744,962 UNEARNED PRENUMS. LOSSES LOSS ADJUSTMEW EXPENSES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLW TO POLICYHOLDERS TOTAL LIABILITIES & SURPLUS OTHERS LAWRENCE A. SJUTA, BEING DULY SWORN,:My.$. THAT HE IS, CHIEF FINANCIAL OFFICER - TRAVELERS St)ND&Fit4ANrtALPRODUrTS, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA..AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINAKIAL CONDITION OF SAID COMPANY AS aFTHE 3110 DAY OF DECEMBER, 2007. SUBSCRIBED AND SWORN, TO BEFORE ME THIS tlIh DAY OF MARCH, 2008 0 $ M0961152 9"Ja4.263 153XQ.025 34,054,W9 19,747,911 34A94,03a 12-3X7.214 27,676,126 59,GM,721 34,345,622 581232,804 23.913,650 8,740,193 5,48103 (55,035.104) 141,704 12AS,324,800 303.297,402 981,34WM 1,290.64,62K., NNANGSIAE OFFICER PRODUC TURFAULT Meeting Type: Regular Meeting Date: 07-01-08 AGENDA REPORT AGENDA Heading Discussion Item 6 No. Department LEGISLATIVE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: ORDINANCE NO. 09-2008 DEPT/DIVISION: LEGISLATIVE Requested Action: City Council directed the city attorney to draft an ordinance related to a building height referendum question. Summary Explanation & Background: Exhibits Attached: Ordinance No. 09-2008; Exhibit A - R-1 and R-2 zoning map; R-3 zoning map City Manager's Office Department LEGISLATIVE cape-nt\kim\mvdocuments\admin\�n„nril\monti,-\onno\n,_n I 1 -VU UVJ-LVVo UuC: ORDINANCE NO. 09-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 4, 2008 GENERAL ELECTION TO AMEND THE CITY'S CHARTER TO INCORPORATE MAXIMUM HEIGHT RESTRICTIONS FOR STRUCTURES BUILT ON REAL PROPERTY CURRENTLY ZONED R-1- LOW DENSITY RESIDENTIAL DISTRICT, R-2 - MEDIUM DENSITY RESIDENTIAL DISTRICT, AND R-3 - MEDIUM RESIDENTIAL DISTRICT ON THE OFFICIAL ZONING MAP OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE INCORPORATION INTO THE CITY CHARTER OF A MAXIMUM BUILDING HEIGHT OF 25 FEET FOR STRUCTURES BUILT ON ALL REAL PROPERTY CURRENTLY ZONED R-1 AND R-2; PROVIDING FOR THE INCORPORATION INTO THE CITY CHARTER OF A MAXIMUM BUILDING HEIGHT OF 45 FEET FOR ALL STRUCTURES BUILT ON ALL REAL PROPERTY CURRENTLY ZONED R-3; INCORPORATING HEREIN BY REFERENCE THE CITY OF CAPE CANAVERAL OFFICIAL ZONING MAP, AS OF NOVEMBER 4, 2008, FOR THE SOLE AND LIMITED PURPOSE OF IDENTIFYING THE REAL PROPERTY CURRENTLY ZONED R-1, R-2, AND R-3 AND SUBJECT TO THE MAXIMUM BUILDING HEIGHT RESTRICTIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ALL PROPERTY RE -ZONED R1, R-2, OR R-3 BY THE CITY COUNCIL SUBSEQUENT TO THE APPROVAL OF THIS REFERENDUM SHALL BE SUBJECT TO THE BUILDING HEIGHT RESTRICTIONS ADOPTED HEREIN; PROVIDING THAT THE MAXIMUM BUILDING HEIGHT RESTRICTIONS SHALL APPLY REGARDLESS OF THE FUTURE LAND USE AND ZONING DESIGNATION SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL; PROVIDING THAT RAZED STRUCTURES NOT IN CONFORMANCE WITH THE BUILDING HEIGHT RESTRICTIONS SET FORTH HEREIN SHALL BE REPLACED WITH STRUCTURES COMPLYING WITH THE BUILDING HEIGHT RESTRICTIONS; PROVIDING THAT STRUCTURES NOT IN CONFORMANCE WITH THE HEIGHT RESTRICTIONS THAT ARE DESTROYED OR SUBSTANTIALLY DAMAGED BY EXPLOSION, FIRE, FLOOD, WIND, EROSION, OR OTHER DISASTER SHALL BE PERMITTED TO BE REBUILT TO THE SAME HEIGHT AND IN THE SAME LOCATION; RESERVING THE CITY COUNCIL'S AUTHORITY TO LAWFULLY ESTABLISH HEIGHT RESTRICTIONS FOR OTHER REAL PROPERTY LOCATED WITHIN THE CITY NOT CURRENTLY ZONED R-1, R-2, OR R-3; SETTING FORTH A BALLOT QUESTION FOR INCLUSION ON THE NOVEMBER 4, 2008 GENERAL ELECTION City of Cape Canaveral Ordinance No. 09-2008 Page 1 of 5 BALLOT; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, this Ordinance is adopted in accordance with the Florida Municipal Home Rule Powers Act; and WHEREAS, zoning as applied to the height of buildings is an exercise of the police power of a municipality. See Town of Bay Harbor Islands v. Burk, 114 So. 2d 225 (Fla. 1 DCA 1959); see also, section 25.145, McQuillin, Municipal Corporations; and WHEREAS, the adoption of a zoning regulation by referendum vote of the electors has been approved by the Florida Supreme Court. See e.g., Florida Land Company v. City of Winter Springs, 427 So. 2d 170 (Fla. 1983); and WHEREAS, the City Council recognizes that the City currently regulates the height of buildings and structures in accordance with the City's land development regulations; and WHEREAS, the intent of this Ordinance is to propose to the electors of Cape Canaveral a charter amendment which will codify, in the City's Charter, the current maximum height restriction set forth in the City's land development regulations for real property currently zoned R-1, R-2, and R-3; and WHEREAS, it is not the intent and purpose of this Ordinance to modify the maximum building height restrictions currently imposed on real property zoned R-1, R-2, and R-3 under the City's current land development regulations; and WHEREAS, the City Council hereby finds that the maximum height restrictions set forth in this Ordinance are specific and promote the health, welfare, safety and morals of the public by protecting the unique aesthetic and low to medium density qualities of the City; and WHEREAS, the City Council desires to propose the above -referenced amendments to the City's electorate as part of a referendum election to be held concurrent with the next City general election on November 4, 2008; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that the proposed referendum ballot question should be submitted to the City electorate for its consideration and final approval or disapproval. NOW THEREFORE, 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 City of Cape Canaveral Ordinance No. 09-2008 Page 2 of 5 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Referendum Election. A referendum election is hereby called and scheduled to be held concurrent with the general City election on the 4`h day of November, 2008, to determine whether the ballot question appearing in Section 3 of this Ordinance shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all elections. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election to elect City Councilmembers on November 4, 2008. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. Section 3. Amendment to City Charter; Establishing Article XXV. Land Use. (A) Proposed Amendment. It is proposed that Article XXV, Land Use, Section 1., Building Height Restrictions, of the Charter of the City of Cape Canaveral, Florida shall be created to read as follows (underlined text indicates an addition to the existing text of the City Charter and shike-o-at text indicates a deletion from the existing text of the City Charter): ARTICLE XXV. LAND USE Sec. I. Building Height Restrictions a For pMoses of interpreting this section. the Official ZoninQ,Map of the QY of Cal2e Canaveral. as of November 4 2008 ("Map") is hereby incorporated herein by this reference for the sole and limited purposes of identifying the real properly that is zoned R 1 (Low Density Residential District) R-2 (Medium Density Residential District) and R-3 (Medium Density Residential District) on November 4 2008 (b) All real property identified on the Map as being zoned R 1 or R-2 shall have a maximum height restriction of twenty-five (25) feet for any structure (c) All real property identified on the Map as being zoned R 3 shall have a maximum height restriction of forty-five (45) feet for any structure (d) All real property re -zoned by the City Council to R-1. R-2. or R-3 after November 4 2008 shall be subject to the building height restrictions set forth in subparagraphs (b) and (c) (e) Height shall be measured in accordance with the City's land development regulations adopted by the City Council City of Cape Canaveral Ordinance No. 09-2008 Page 3 of 5 W The maximum height restrictions set forth in this section shall apply regardless any subsequent future land use designation or zoning classification ado tp ed b thefit3L Council for the real property subject to this section However nothing herein shall prohibit the City_ Council from adopting more restrictive height land development regulations for said ro e (g) Structures not in compliance with this section if razed shall be replaced only by structures which conform to the height restrictions of this section No owners of structures destroyed or substantially damaged by explosion fire flood wind erosion or other disaster shall be denied the right to rebuild or to raze and rebuild to the same height in the same location. (h) Nothing herein shall limit the City Council's authority to lawfully establish height regulations for other real property located within the City not specifically covered by this section. (B) Ballot Question. Concurrent with the City general election scheduled for November 4, 2008, the following question shall be placed on the ballot following the placement on the ballot of candidates for the office of City Councilmember, if any. The caption and questions shall be worded substantially as follows: CITY OF CAPE CANAVERAL CHARTER AMENDMENT RESIDENTIAL BUILDING HEIGHT RESTRICTIONS This amendment proposes to adopt maximum height restrictions for structures on property zoned or re -zoned R-1, R-2, and R-3 on the City's Zoning Map. Maximum height on property zoned R-1 and R-2 will be limited to 25 feet. Maximum height on property zoned R-3 will be limited to 45 feet. Maximum height limitations shall apply regardless of future land use or zoning designations subsequently adopted by the council. Yes, For Amending City Charter No, Against Amending City Charter Section 4. Zoning Map. A modified City official zoning map consisting of two pages, which depicts the real property currently zoned R1, R-2, and R-3, is attached hereto and fully incorporated herein by this reference as Exhibit "A." City of Cape Canaveral Ordinance No. 09-2008 Page 4 of 5 Section 5. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described question on the ballot concurrent with the general election to be held on November 4, 2008. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ROCKY RANDELS, Mayor Bob Hoog For Against Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts ATTEST: SUSAN STILLS, City Clerk First Reading: Election Results: For Against: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 09-2008 Page 5 of 5 MILLER LEGG