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HomeMy WebLinkAboutPacket 08-15-2006 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 15, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Legislative Update, Representative Mitch Needleman National Night Out — Sponsorship Recognitions, Brevard County Sheriffs Office Ridgewood Avenue Project Report, Brad Smith & Assoc. BOARD INTERVIEW: Jack Childs, Board of Adjustment CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 18, 2006. 2. Resolution No. 2006-26; Appointing a Regular Member to the Community Appearance Board (Kelley Sweet Jensen). 3. Resolution No. 2006-27; Reappointing Regular Members to the Planning & Zoning Board (McNeely & Fredrickson). 4. Resolution No. 2006-28; Appointing Regular Members to the Business & Cultural Development Board (Peterson & Spiesman). 5. School Resource Officer Agreement with the City of Cocoa Beach. 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 City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 2 of 3 6. Outdoor Entertainment Permit for Cocoa Beach Area Chamber of Commerce Wednesday-Friendsday Event Being Hosted by Fairvilla Megastore. CONSIDERATIONS: 7. Motion to Approve: Award Bid No. 06-05, Public Works Maintenance Building and Site Improvements to Butler Construction Co., in the Amount of $507,777.00. 8. Motion to Approve: Ranking of Firms for RFQ 06-04, City Hall/Police Department Needs Assessment and Design. ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 11-2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the C-1 Zoning District Related to Residential Uses; Specifically Amending Section 110-334(C)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the Al A Highway Corridor; Providing Clarifying Amendments, at first reading. 10. Motion to Approve: Ordinance No. 12-2006; Providing for a Referendum Election and Ballot Language for the November 7, 2006 General election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's Charter by Deleting the Charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a Charter Provision that Requires a Duly Noticed Public Hearing Before the City Council Formally Commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for Coordination with the Supervisor of Elections, at first reading. DISCUSSION: 11. Land Development Fees. REPORTS: 1. City Manager 2. Staff 3. City Council City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 3 of 3 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. 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 h 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. Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Presentation Item This report incorporated items from the town meetings that were held to help define a concept for the reconstruction No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: RIDGEWOOD AVENUE PROJECT REPORT DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council review and comment on the Ridgewood Avenue Project Report as presented by Brad Smith Associates, Inc. Summary Explanation & Background: This report incorporated items from the town meetings that were held to help define a concept for the reconstruction and beautification of Ridgewood Avenue. Exhibits Attached: Report (hand-out) City Manager's,.Office , -, Department PUBLIC WORKS/STREETS caYK:i!.�y ,I{,amyuocun nL�e s�w�ar�r,%councieLing.Ntuub\ua-l�)-ub\riagewooa.aoc City of Cape Canaveral CITY OF CAPE CANAVERAL Date: August 4, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Earl McMillin, Chairperson, Board of Adjustment Re: Recommendation to City Council Regarding Appointment of a 1 st Alternate Board Member Jack Childs The Board of Adjustment interviewed applicant Jack Childs to fill the 1 st Alternate Board member opening at the meeting held on July 31, 2006. The Board unanimously recommended that City Council appoint Jack Childs as the 1 st Alternate. Please schedule this member appointment on an upcoming meeting agenda. 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 Meeting Type: Board of Adjustment Meeting Meeting Date: 7/31/06 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Interview Item No. #2 SUBJECT: Interview with Mr. Jack C. Childs, who desires to be appointed to the Board of Adjustment. DEPT./DIVISION: Building Department Requested Action: Interview and Recommend to the City Council as whether Jack C. Childs is a potential candidate to sit on the Board of Adjustment. Summary Explanation & Background: Jack C. Childs is a resident of the City. Mr. Childs has stated that he would like to volunteer to sit on the Board of Adjust as his number 1 choice. Exhibits Attached: Application City Planner's Office Department: Building Department also prohibits a person convicted of a felony, u CITY OF CAPE CANAVERAL NTMENT TO CITY ADVISORY BOARD OR COMMITTEE t to Section 2-171, Cape Canaveral Cade nd existing board members to fill out an application. from serving on a City Board or Committee if that person less their civil rights have been restored. Please complete the following in the space provided: City Code has been 1. Applicant Name: L1 �� �" (� C C'f�J �" -7 2. Home Address: /�� ll��-=�l")%L/Sly C� f 3. Home Telephone: 4. Occupation: 5. Business Telephone: 6. Business Address: C�C� l 7- 11 0i�/i tl J B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)(N) m 6N) M {N) (Y) (N) (Y) (N) 1/ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent ' L to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)t/ (N) 6a. Are you related to a City of Cape Canaveral Council , / member by blood, adoption or marriage? (Y) (N) V 6b. If yes to 6a, please provide name(s) of person(s)/pnd relationship to you: 4/ �-� r C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee.- 3. ommittee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. _�! Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. 3 Community Appearance Board* f. Construction Board of Adjustment and Appeals* 14 j - Library Board Planning and Zoning Board` Recreation Board Other. Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and poor to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American_ Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 86,13-1221. Signature: J --l- Date: IN Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 18, 2006 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski City Planner Todd Peetz City Engineer John Pekar Due to the absence of Representative Bob Allen at this time, the Chair permitted for the audience to be heard. Mayor Randels acknowledged those from Solana Lakes, Solana Shores and Shorewood Condominiums who desired to speak at this time. Ms. Anders, a retired Attorney, addressed the Council and listed her background with the Attorney for the Planning and Zoning Office in Maryland, Division Chief of General Law with the Federal Highway Administration and also served as Minority Counsel under Senator Lloyd Benson of Texas. She taught law for engineers at George Washington University and wrote several expert papers. Ms. Anders requested for repeal on City code section 110-354(c)(6) for liquid petroleum. She stated that the repeal would not allow for any such future special exception applications. Ms. Anders stated that the committee has 464 signatures from City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 2 of 12 City residents to request repeal of the existing Special Exception code provision. She outlined the reasons for the repeal as: 1) serious safety hazards, health concerns, and property damage that new tanks would create, 2) this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance, or prosperity instead does just the opposite, 3) it would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put us through all of this again, and 4) in our view, the present requirements are virtually standardless and are thus arbitrary and capricious and constitute the creation of a public nuisance. The special exception allows the storage of liquefied petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, noise, or pollution purposes. There are no special standards to be met other than the Fire prevention code and that petroleum products in excess of 3,000 gallons be in an established fire district. The City is far too developed to allow this situation to continue. The existing tank farm was first implemented about 50 year ago and the last request for a special exception to construct more tanks was granted in 1990. At that time, Coastal was told no further expansion would be allowed. However, the City did not address this issue in its zoning ordinance in the interim 16 years. None of the condominiums, town homes, resort of Cape Caribe or other residential homes was in existence in 1990. By contrast, the picture I am holding shows how many residents now live too close to the existing tanks. We cannot imagine how the City let the high density residential uses be developed so close to existing tanks. I am sure you know that under your existing zoning, a fire works store and adult entertainment must be no closer than 1,000 feet from residential zones. But it is ok to have tanks holding 6.3 million gallons of gasoline each, directly abutting developed residential property? This is outrageous! Many of the existing tanks are already within 200 to 900 feet of our newer high density residential buildings. (Note the property lines which are even closer.) When we bought our homes, we had the right to assume that the City was looking out for our health, safety, and welfare and would not have allowed these residential developments to be constructed otherwise. We were dumb and happy. This issue has awakened us to the fact that we are residents of the City of Cape Canaveral, and we have rights and responsibilities also. We do not want any other residents of this City to go through what we have gone through with this scary proposal. The more we learned, the more we found out that the right hand does not always know what the left hand is doing on this issue. Worst of all, the residents have been left out of the loop. We are not even required to receive written notice of such proposals. We find that unbelievable. Some of us in Solana Lake received written notice and some did not. We all own property within 500 feet of this proposal because we are all condominium owners. Likewise, no written notice has been received announcing the postponement of the current special exception proposal until August 9th. We learned of the postponement by word of mouth. This, we are told, is because notice is a courtesy only. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 3 of 12 It is our view that a notice cannot be a courtesy when safety, health, and property rights are being affected. It is a due process requirement under the 5th and 14th amendments to the Federal Constitution. You need to fix this as soon as possible. The State Department of Environmental Protection does require a public notice in the newspaper, but no wonder no one noticed when it was published in April of this year. The company name in the notice was the parent company, TransMontaigne, Inc. and not Coastal Terminals LLC. The public notice only said it was for a permit to construct storage tanks 30 and 31 at a certain Cape Canaveral address and "that the facility is a source of air emission" What does that tell us? How misleading can a notice be? The City and everyone up through the State government has a duty to keep us informed in a responsible way of matters affecting our homes, our property values and our lives. For example, through this exercise we discovered that we did not even know of evacuation routes in our community if a disaster occurs. Maybe the City and the Fire Department know, but they forgot to tell the people who live here. To give you an idea of disaster, my sister Joyce Rosemary is with me tonight and would like to share with you what it was like to live through a tank explosion in Torrance California in 1987. Ms. Joyce Rosemary recalled that the blast was more severe than a comparable earthquake. She said that the car windows of every car within a one -mile radius shattered with the drivers still present in them. Ms. Rosemary informed that residents within their homes; however, were cut with shattered glass. Ms. Anders concluded her presentation and once again requested a repeal of City code section 110-354(c)(6) and that the City place a moratorium on any new special exception applications for liquid petroleum while the Council deliberates the decision and due public notice prior to any discussion. Mayor Randels explained that public notice would be made within 15 days prior to the next meeting on this discussion. Mr. Nicholas reminded that City code procedures called for the review of any changes to the zoning code proceed to the Planning and Zoning Board first. Ms. Anders requested a moratorium on the issue in order that no further applications are accepted. Mr. Mike Reedy, of 701 Solana Shores, stated that to date there was no support for the proposed tanks. Mr. Reedy stated that first of all, from a Homeland Security standpoint, such tanks were a security risk. He reminded that the City has approved development permits and secondly, he was concerned with transporting fuel in the developed area since these were pass-through tanks. Thirdly, Mr. Reedy expressed that his property values would decrease due to the proposed adjacent fuel tanks. Lastly, he expressed to have Coastal Fuels move its facility to another location if the Environmental Protection Agency would approve it. Mr. Reedy thanked the Council for the time to express his views. Mayor Randels called for a brief recess. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 4 of 12 BOARD INTERVIEW: Kelley Sweet Jensen, Community Appearance Board Mayor Randels called on Ms. Kelley Sweet Jensen to interview for the Community Appearance Board. Ms. Sweet Jensen affirmed that all of the information in her application was true and correct to the best of her knowledge. She stated that she worked on a similar aesthetics Board in Los Angeles County, California on the Shadow Hills Property Board. Ms. Sweet Jensen stated that this Board was one in which she had experience. She replied that she has experienced in working with diverse groups. Mayor Randels acknowledged Mr. Bob Guido from the Trust for Public Land (TPL). Mr. Guido thanked the Council for the opportunity to speak and explained that the TPL's mission was to improve quality of life in communities, to preserve historic places and natural areas and to help communities create parks. He stated that Carver Cove was a little less than 4 acres with potential to create a park. Mr. Guido explained that the TPL would assist the City to seek and apply for grants. He commended the Council on its citizen's survey and noted that 22 percent of its residents desired more green space which was TPL's purpose. PRESENTATION: Grant Award, Representative Bob Allen Mayor Randels introduced State Representative Bob Allen who presented another successful grant award from the Florida Department of Environmental Protection and the Division of Recreation and Parks for $112,500 to Ms. Nancy Hanson, Recreation Director, for Cape Canaveral City Park. Legislative Update, Representative Bob Allen Representative Allen said that this forum provided an opportunity for him to address the Council and provide State legislative information for Canaveral residents. He informed that the State budget was $72 billion this year with an additional $4 billion. Representative Allen informed that the $2 billion was reserved. He explained that the $2 billion dedicated to storms; however, was non-recurring. Representative Allen reported that the non- recurring was spent on one time occurring projects such as the widening of Interstate 95 that would begin earlier than the 2011 anticipated date. He reported on a new traffic interchange on the Pineda Causeway south of Wickham Road that would assist with evacuation. Representative Allen informed that education spending was increased by11 percent. He reported on the implementation of more tax holidays and the removal of the intangibles tax that would allow for asset transfers without taxation. He also informed that the Eminent Domain law passed that would not allow governments to take land from one party for an economic development purpose and give it to another for the same reason. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 5 of 12 Representative Allen stated that the citizens of Florida would have the opportunity to vote on this issue as a referendum to the Florida Constitution. He reported that the Clean Ocean Act did not pass; however, he followed up with the Mayor's suggestion to seek AJT & Associates that clean biosolids. Mayor Randels commended Council Member Buzz Petsos and Commissioner Tony Sasso from Cocoa Beach for spearheading the clean ocean efforts through the Florida League of Cities. Representative Allen reported that the shuttle was scheduled to cease launch in 2010. This would decrease the space industry workforce by 7,000 to 8,000 people. He stated that Florida was well able to remain competitive with other states for space industry programs. Representative Allen reported that the water desalinization program was underway. However, the Governor vetoed the oceanographic institute; however he did not veto the ground study. He noted shared grant funding available for the various components of this program. Representative Allen concluded his report on the insurance issue. He acknowledged the need for a careful balance between insurance companies and Florida residents in order not to cause either to leave the State through over regulation for the industry or the inability to pay the premiums for the residents. Representative Allen noted that the property tax equation was also beginning to outpace mortgages and he related the request for more homestead exemptions. He thanked the Council for an opportunity to speak and asked if there were any questions. A resident asked Representative Allen why she was paying to bail out Citizens Insurance if the State had such a surplus in revenue. Representative Allen stated that he voted against the Bill for relief to Citizens Insurance for its $1.7 billion deficit. He explained that the $2 billion of additional storm revenue was not considered in the Citizens Insurance relief effort. He informed that every Floridian would be taxed on insurance holders and encouraged residents to speak out about their increased insurance premiums during the next Legislative session. Mr. Petsos thanked Representative Allen for his efforts on the homeowners issues and grant funding. Ms. June Smith asked who would own the desalinization facility. He explained that the desalinization plant would become a consortium as a utility. Representative Allen expressed that by 2025, water supplies in local reservoirs may become insufficient to meet consumer needs and the task was to find alternative sources before that time. Mayor Randels presented Representative Allen a plaque for his assistance in the City obtaining a left turn lane traffic signal on State Road A1A and W. Central Blvd. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 20, 2006. 2. Emergency Repair of Sewer Lift Station 3 in the Amount of $12,200. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 6 of 12 3. Emergency Repair of Two Variable Frequency Drives in the Amount of $13,500. 4. Outdoor Entertainment Permit for National Night Out, Community Event to be Held at Cape View Park on August 1, 2006. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 5. Motion to Approve: Ranking of Audit Firms. Ms. Andrea Bowers recognized the Audit Committee: Mr. Bruce Collins, Ms. Shannon Roberts, Mr. Craig Stewart and Susan Stills, City Clerk. She explained that a Request for Proposal was prepared and two proposals were submitted: Berman and Hopkins and McGladrey and Pullen. Ms. Bowers stated that Ms. Yvonne Clayborne was present on behalf of McGladrey and Pullen, formerly known as Bray, Beck and Koetter. Mayor Randels commended the City Treasurer for the comparative analysis. Ms. Clayborne informed that she began working with the City's audit in September 2001; however the firm performed the City's audit since 1996. She informed that the name of the new firm is McGladrey and Pullen, part of the RSM McGladrey family, and ranked fifth in the nation with an International component. Ms. Clayborne explained that although Bray, Beck was purchased in October 2005. However, for legal reasons, the audit practices chose not to fully integrate into the new company until the summer due to, 1) legal ramifications to the partnership agreement, and 2) to the audit requirements to ensure that the same audit policies and procedures existed prior to merging with McGladrey and Pullen. She concluded that an audit not only provides a snapshot of the City's financial position, but also an opportunity to provide consultative recommendations. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Ranking of the Audit Firms as Recommended by the Audit Selection Committee. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 6. Motion to Approve: Proposal from Filter One USA to Rebuild the Wastewater Treatment Plant Bar Screen in the Amount of $28,857. Mayor Randels explained this as a budgeted item of $15,000 with an appropriation of an additional $13,857 to fund the project. The vendor is a sole source authorized provider for the Parkson Bar Screen. Ed Gardulski, Public Works Director, replied to Mr. Petsos that closer review disclosed the need for more parts. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 7 of 12 A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve the Proposal from Filter One USA to Rebuild the Wastewater Treatment Plant Bar Screen in the Amount of $28,857. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering. Mr. Marco (Mike) Rocca and Ms. June Smith presented a Wastewater Treatment Facility Condition Assessment Report. Ms. Smith informed that she is the Cape Canaveral Client Service Manager. Ms. Smith stated that the Assessment Report did not include any off-site component. She summarized that the four report components as: 1) to assess the condition of the major plant process components, 2) to determine the anticipated life expectancy of each major component, 3) to identify maintenance cost for each major components, and 4) to develop a replacement schedule. Ms. Smith reviewed the Assessment Management Maintenance Plan and noted that some identified major repairs were not budgeted expenses. Ms. Smith called for an annual recommended funding program with built-in components for regular repairs and replacement over a scheduled time. She concluded that $464,000 per year would fund the plan. Mayor Randels asked if equipment age was factored into the funding plan. She explained how the firm planned to implement a system of refurbishment along with replacement. Mr. Rocca replied that one of the tables in the report displayed the funds needs. He stated that items for expansion were eligible for impact fee funding. Ms. Smith replied to Mr. Bruns that the reclaimed water was not part of the distribution system. She informed that during the permit renewal process, she found that the Apricot Rule would apply and if the City could use 75 percent of its reclaimed water then the system could be augmented through other sources. She noted how the City was previously headed toward increased percentage of use. However, due to a broken tank and Cocoa Beach's decline in their consumption, the percentage of use decreased. Ms. Smith recounted the percentages since 1999. Mr. Boucher commented on the report's usefulness as a maintenance reference tool. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. Mr. Nicholas requested to be excused from the meeting. (9:10 P.M.) City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 8 of 12 8. Motion to Approve: Proposal from Brown and Caldwell to Conduct a Wastewater Rate Study in the Amount of $37,600. Mayor Randels questioned how the firm would address the condominiums that were holding their budget sessions at this time. Ms. Bowers explained that January 1St is an adequate implement date. Mr. Rocca stated that the firm could present a draft report for approval with an implementation date of within 90 -days. Ms. Bowers noted that the rate structure for commercial property rates would be closely reviewed. Mayor Randels stated that commercial properties pay over 400 percent. Mr. Petsos asked if the Council could anticipate a rate analysis model. Mr. Rocca replied that the model would represent different user class changes. Ms. Shannon Roberts asked if the study would include a timeline and reflect the population increase. Mr. Boucher replied that the rate model was projected five years out. She also asked if the Council would consider not increasing the rates if revenues increased. Mr. Boucher also replied that new growth was indicated in the Building Official's quarterly report. Mr. Rocca explained that percentage indicators could be adjusted prior to making a decision. Ms. Roberts related that with the perception of an increased revenue, a return was anticipated. Mayor Randels concluded that the Enterprise Fund was a stand alone source of revenue. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Brown and Caldwell to Conduct a Wastewater Rate Study in the Amount of $37,600. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 9. Motion to Approve: Grant Agreement with the Florida Department of Environmental Protection for Replacement Playground Equipment at City Park in the Amount of $112,500. Ms. Hanson explained that the grant elements included removal of the existing equipment, security lighting, a walkway, trees, and replacement with modern playground equipment and fencing. She stated that most of the existing equipment was last replaced in 1990. Ms. Hanson reminded that securing a contractor might take a while due to a booming construction economy. She reported that the City received a total of $549,000 in Florida Recreation Development Assistant Program grants within the last seven years. Mayor Randels concluded that the City worked with Brevard County, the Brevard County School Board, and the Kiwanis Club to develop this after- hours playground. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Grant Agreement with the Florida Department of Environmental Protection for Replacement Playground Equipment at City Park in the Amount of $112,500. The City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 9 of 12 motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Approve: Proposal from Stottler, Stagg and Associates for Survey Services for the Ridgewood Avenue Project in the Amount of $28,500. Mr. John Pekar, City Engineer, stated that the proposal was in support of Mr. Brad Smith for a major streetscape improvement from Central Blvd. to the City limits on Ridgewood Avenue. He explained that two phases of survey plans supported the concept plan: 1) to establish the limits of right-of-way, and 2) to identify smaller components, such as mailboxes and hydrants along the corridors. Mr. Pekar affirmed that Schedule I could be completed within 30 days. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Stottler, Stagg and Associates for Survey Services for the Ridgewood Avenue Project in the Amount of $28,500. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 11. International Property Maintenance Code. Todd Morley, Building Official, initiated discussion on the 2003 International Property Maintenance Code [IPMC] and stated that he performed a comparative analysis between it and the City code. He outlined some of the specific reasons for the new code and expressed that this is another set of tools for building maintenance and code enforcement. When he spoke on screening, Mr. Petsos noted that not all homes have screening. Mr. Morley stated that the City code does not call for removing the door from a refrigerator at time of disposal. Mayor Pro Tem Hoog stated that law enforcement does cite this as a violation. Mr. Morley informed that the IPMC set a standard for overcrowding. He replied to Mayor Pro Tem Hoog that the code could only be enforced if staff were invited in the residence. Mayor Pro Tem Hoog expressed his disfavor with the IPMC since the first discussion stating that a person would have the ability to regulate areas outside the scope of an inspection. Mr. Bruns cautioned that any succeeding Building Official would have the potential to abuse the provisions. Mr. Morley related that he reviewed the list of acceptable provisions with a former Council Member and asked if the Council desired to review that list. Mr. Petsos stated that some provisions could also be added. Ms. Bowers stated that tenants have the ability to seek a remedy due to landlords. Mayor Randels sought consensus on the favorable provisions. Mr. Morley stated that some provisions would not apply to the City of Cape Canaveral, but a larger City. Mr. Morley asked the City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 10 of 12 Council to review the IPMC and identify the provisions that they favor and cross out the provisions that want to eliminate. A motion was made by Mayor Randels and seconded by Mr. Petsos to extend the meeting for an additional 15 minutes in order to conclude business. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: Add-on Items: 12. Motion to Adopt: Resolution No. 2006-23; Final Replat of Villagio Townhomes, Lots 1, 2, and 3, Block 1 of Avon by the Sea on the East Side of North Atlantic and South Side of Washington Ave, Ron Wallen, Applicant. Mayor Randels read Resolution No. 2006-23 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "VILLAGIO TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Council's task was to accept the Board and staff's recommendation. Attorney Garganese stated that generally setback requirements are not indicated on the plat. Todd Peetz, City Planner, explained that setbacks are not part of the plat review process. Attorney Garganese explained that the Florida Statutes were followed on platting and setbacks were not stated on a plat. Mayor Pro Tem Hoog disclosed that he was the Electrical Contractor on the project and he submitted a Conflict of Interest Form to the City Clerk. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Resolution No. 2006-23. The motion carried 3-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, Abstain; Mr. Petsos, For and Mayor Randels, For. 13. Motion to Adopt: Resolution No. 2006-24; Preliminary Replat of Laws Townhomes, Lot 5, Block 69, Avon by the Sea, East of North Atlantic (AIA) and South Side of Lincoln Ave., Thomas and Nancy Laws, Applicants. Mayor Randels read Resolution No. 2006-24 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY RE -PLAT OF "LAWS TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 11 of 12 Mayor Randels stated that all recommendations were submitted. There was no discussion. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-24. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reminded that the next Budget Workshop Meeting on Tuesday, July 25th at 5:30 P.M. • Mr. Boucher requested agreement on a Joint Moratorium Meeting with City Council and the Planning and Zoning Board for Wednesday, July 2e at 5:30 P.M. Council • Mr. Boucher requested the following issues for the next Planning and Zoning Meeting —1) to repeal the Code Section that allow fuel tanks in industrial areas by Special Exception, and 2) to enact a moratorium until that occurs. Attorney Garganese replied to Mayor Pro Tem Hoog that by eliminating that Special Exception, the City would eliminate Coastal Fuels rights of expansion. He stated that a code change might be challenged in that their option to apply for a special exception would be eliminated; however, there is no entitlement in applying for a special exception. Discussion continued on allowing the process to proceed to the Planning and Zoning Board. • Mr. Boucher stated that he would be out of town as of Wednesday, July 19th and would return on Friday, July 21st and Susan Stills would remain in charge. • Mr. Boucher stated for the record that the public notices were sent according to the code. He stated that the radius was 500 -feet. He stated and affirmed with the Building Official that Coastal Fuels would provide an additional courtesy notice. Ms. Roberts replied that the Solana Shores residents perceived that the notice was not adequate and an effort would be made to contact the condominium associations. Mayor Pro Tem Hoog cautioned about exceptions in the notification process and stated that due diligence in notification was followed. Mr. Boucher concluded that Shorewood and Solana Shores was not within the 500 -foot radius. 2. Staff • No reports. AUDIENCE TO BE HEARD: Ms. Roberts asked the Council to invite the Business and Cultural Development Board Members to participate on the moratorium issue. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 12 of 12 • Mr. Dunn informed that Waste Management instructed his spouse to put a stove in front of their home for pick-up in five days. He found that unacceptable customer service. 3. City Council Council Member Petsos Mr. Petsos requested to cancel the August 1gt Council Meeting due to the National Night Out. Ms. Bowers reminded that a Council meeting was needed to adopt the Resolution on the Tentative Proposed Ad Valorem Rates and State Law required that the meeting be held at 5:30 P.M. and if the County and School Board are holding a meeting, then the Council could not schedule a meeting on the same night. Mr. Boucher recommended Monday, July 31St at 5:30 P.M. Ms. Bowers would check on the County and School Board's meetings. A motion was made by Mr. Petsos and seconded by Mr. Bruns for an Add -On Item and a Motion to Cancel the Regular City Council Meeting of August 1St. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:35 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK DISTRIB:TIC)N Mayor---- y City Council ,r City Mir. k Citv Atty. } Y Pub. I ng (C-1. Subject: Solanan Lake request for repeal of Special exception for tanks Dir. — tr. F;nanc_r My name is Ruth Anders,(give experience) I am here as a representative of Solana Lake, and all of our neighbors to request that section 110-354 (c) (6) of the city zoning ordinance allowing a special exception for liquified petrolium tanks be repealed. We know it will not have an effect on the current proposal coming up on Aug. 9th because that proposal would be grandfathered in, but no longer would any other special exception be granted for tanks in this city. We have written petitions from many residents in the city to support this request. I am sure we could get many more but we only had about four days to put this together. Even at that 464 city residents are on our side and i am submitting their names on the petition to you. Our reasons for repeal are: First,the serious safety hazards, health hazards, and property damages new tanks would create. Would you want one next door to you? Second, this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance or prosperity but instead does just the opposite Third, It would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put us through all of this again. and Fourth, In our view, the present requirements are virtually standardless and are thus arbitrary and capricious and constitute the creation of a public nuisance. The special exception allows the storage of liquified petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, noise or pollution purposes. There are no special standards to be met other than the Fire prevention code and that petroleum products in excess of 3000 gallons be in an established fire district. The city is far too developed to allow this situation to continue. The existing tank farm was first implemented about 50 years ago and the last request for a special exception to construct more tanks was granted in 1990. At that time, Coastal was told no further expansion would be allowed. However, the city did not address this issue in it's zoning ordinance in the interim 16 years. None of the condominiums, town homes, resort of CapeCaribe or other residential homes were in existence in 1990. By contrast, the picture I am holding shows how many residents now live too close to the existing tanks. We cannot imagine how the city let these high density residential uses be developed so close to existing tanks. I am sure you know, that under your existing zo a fire works store and adult entertainment must be no closer than 1000 feet from residential zones. But it is ok to have tanks holding 6.3 million gallons of gasoline each, directly abutting developed residential property? This is outrageous! Many of the gxistin tanks are already within 200 to 900 feet of our new high density residential buildings.( Not the property lines which are even closer) When we bought our homes we had the right to assume that the city was looking out for our health, safety and welfare and would not have allowed these residential developments to be constructed otherwise. We were dumb and happy. This issue has awakened us to the fact that we are residents of the City of Cape Canaveral and we have rights and responsibilities also. We do not want any other residents of this city to go through what we have gone through with this scary proposal.. The more we learned, the more we found out that the right hand does not always know what the left hand is doing on this issue. Worst of all, the residents have been left out of the loop. We are not even required to receive written notice of such proposals. That's unbelievable. Some of us in Solana Lake received written notice and some did not. We all own property within 500 feet of this proposal because we are all condominium owners. Likewise, no written notice has been received announcing the postponement of the current special exception proposal until Aug. 9. We learned of the postponement by word of mouth. This, we are told, is because notice is a courtesy only. Notice cannot be a courtesy, when safety, health and property rights are being affected. It is a due process requirement under the 5th and 14th amendments to the Federal Constitution. You need to fix this as soon as possible. The state DEP does require a public notice in the newspaper, but no wonder no one noticed when it was published in April of this year. The company name in the notice was the parent company, TransMontaigne Inc. and not Coastal Terminals LLC. The public notice only said it was for a permit to construct storage tanks 30 and 31 at a certain cape canaveral address and " that the facility is a source of air emissions" What does that tell us? How misleading can a notice be.? The City and everyone up through the State government has a duty to keep us informed.in a responsible way of matters affecting our homes, our property values and our lives. For example, through this excercise we discovered that we did not even know of evacuation routes in our community if a disaster occurs. Maybe the city and the fire department know, but they forgot to tell the people who live here. To give you an idea of disaster, my sister Joyce Rosemary. is with me tonight and would like to share with you what it was like to live through a tank explosion in Torrance California in 1987. This concludes our presentation. Again, we ask that you repeal the special exception for liquid petroleum tanks in light industrial zones. We would also like to request that the city put a moritorium on any new tank special exception requests in the interim. We would appreciate notice of your decision as soon as you have had an opportunity to consider it. . FORM $B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM —FIRST NA E—MIDDLE NAME NAME OF BOARD, UNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAI ING ADDRE S �� h lJ,�� _ I THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: (/ /�% , —' CITY ❑COUNTY LJ OTHER LOCAL AGENCY CITY COU TY NAME OF $OLI'ICAL�SJ�,J�BD�A�� / (� •cT !�' yr' DATE ON WHICH VOTE OCCURRED — fJ� MY POSITION IS: Wr ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, --- /411 - L- -------------, hereby disclose that on / � _ / 1 - 20 OAI-_ : (a) A measure came or will come before my agency which (check one) --inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 7-M-_ a Date Filed Signature , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE= CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 Thank you for attending the: City of Cape Canaveral City Council Regular Meeting Date: July 18, 2006 Please Print Your Name and Address Below and Include your E -Mail Address (if possible) 105 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868-1221 — Fax (321) 799-3170 e-mail: ccapecanaveral@cfl.rr.com t���� Ll � V -? O o R t 4 ravLr �14 Q _ �..� / ,, C6-- leo //)'f P� 7- e? '5 ri A-7- 105 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868-1221 — Fax (321) 799-3170 e-mail: ccapecanaveral@cfl.rr.com Thank you for attending the: City of Cape Canaveral City Council Regular Meeting Date: July 18, 2006 Please Print Your Name and Address Below and Include your E -Mail Address (if possible) j J 1 105 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868-1221 — Fax (321) 799-3170 e-mail: ccapecanaveral@cfl.rr.com pal !rn.,q st*d�re-S /7 -ae=� i3rowri (..n d ec k FIX, 0+. stc d u) c 11 M co + c � 2 111i'U 2 , oci— Brown ctiicl &d d i fl lam•JUIA, A4, 2 •' j J 1 105 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868-1221 — Fax (321) 799-3170 e-mail: ccapecanaveral@cfl.rr.com pal Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-26, APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-26, appointing Kelly Sweet Jensen as a regular member of the Community Appearance Board. Summary Explanation & Background: Her term will expire on 05-01-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-26 City Manager's -Office Department LEGISLATIVE , C cape\myd come admin\counc C56ting\2006\08-15-06\2006-26.doc RESOLUTION NO. 2006-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Kelley Sweet Jensen is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2009. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of Au ust 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Leo Nicholas Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Community Appearance Board Secretary Re: Recommendation to the City Council Regarding Perspective Community Appearance Board Member, Kelley Sweet Jensen. ------------------------------------------------------------------------------------------------------------ On July 3, 2006, The Community Appearance Board interviewed Kelley Sweet Jensen and recommended that City Council appoint the applicant as a regular member to the Community Appearance Board. 105 Polk Avenue ® Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOA LWOS C Pursuant to Section 2471, Cape Canaveral Cod �� City Code requires prospective and existing board members to fill out lice. �C4y �61e also prohibits a person from serving on a City Board or CommitteeFt person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: uJ2 J 'Qln 2. Home Address: 3. Home Telephone: 3 Z\ - :3a2 -� LL S 4. Occupation: ?e' -O re:>a r&O V\Q,2. Z t1crtt-%,-e� 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information. provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)(N) m (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initis consent to having a standard background check performed on you by the City of Cape Canaveral? (� ✓ (N) '� 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y)(N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1 2 3. H state your interest in serving. on a City state any prior board or committee: on an governmental board or comm Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or Y `'r.9.i. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve.- a. erve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. 3_ Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American _�,� Female Hispanic,American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the CAClerk's Offipe at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CIT'Y- OF CAPE CANAVERA2 CO!,fl'IUNJITY APPEARANCE BOARD REVISED 04/21/06 Board Meets Is-' & 3RD r1onde..,y 517.1,emlner 2 Altemate Board Serving T-'nree- Monthly in Annex at 7pm (3) Year Terms Under F.S. 162.05 (31(bl MEMBER NAME/ADDRESS TELEPH05"JE APPT DA1'EE TER!" '-I EXPIRES CHAIRPERSON RANDY WASSERMAN (H) 784-9875 06-07-05(REG) i 05-01-09 5801 N. BANANA RIVER BLVD (r ,#867-7317 #933 VICE CHAIRPERSON LISA MOORE (F.) 783-0668 04-06-04 016-01-07 8891 LAKE DR, #502 783-4200 Lisamoore2q,1.6 CONNIE TRAUTMAN, (H) 799-4737 06-07--05 (Reg) 419 LINCOLN AVE (fin!) 784-1811 04-06-04 I st Alternate -i4l S -p- �cscc-� 05-01-07 ANDREA SCHAFFNER (H 868-3088 08-02-05 (Reg) 05-01-07 506 Tyler Ave. a s c h a ff n e r( a c f i. rr.,,; o i zni WALTER BOWMAN (H) 783-3002 06-07-05 {1st Alt) i 05-01-08 123 SURF DR (W) 452-8100 04-16-02 COCOA BEACH, FL 32931 03-16-98 wc.bCabre ve. rd nei� 1st Alternate Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-27, REAPPOINTING TWO REGULAR MEMBERS TO THE PLANNING & ZONING BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-27, reappointing Beatrice McNeely and Dr. John Fredrickson as regular members of the Planning & Zoning Board. Summary Explanation & Background: Their terns will expire on 09-15-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-27 City Ma r s Office - ��' Department LEGISLATIVE C cape-nt\cape\myaoCmme"•ts\admin\council\meeting\"2006\08-15-06\2006-27.doc RESOLUTION NO. 2006-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Beatrice McNeely is hereby reappointed as a regular member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2009. SECTION 2. Dr. John Fredrickson is hereby reappointed as a regular member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2009. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTION PAGE FOLLOWS: ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of August, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Leo Nicholas Susan Stills, CITY CLERK Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD REVISED 02/09/06 Board Meets 2nd And a Wednesday 5 Member Board And 2 Alternates Serving of Month/Annex 7:30 pm Three (3) Year Terms per City Code 2-171(f) 1 Alt Vacancy MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON BEATRICE MCNEELY (H) 784-0428 08-19-03 10-05-93 09-15-06 435 JEFFERSON AVE 10-02-01 (Reg) beazzymcn@webtv.net 09-07-99 09-07-93 09-02-97 (1 st Alt) 09-05-95 10-20-92 (2nd Alt) VICE -CHAIR R. LAMAR RUSSELL (H) 784-0008 09-21-04 09-15-87 09-15-07 376 HARBOR DR (W) 861-6430 09-17-02 09-17-85 famruss@aol.com 09-05-00 09-20-83 08-18-98 09-15-81 09-03-96 05-06-80 09-03-91 (Reg) 09-05-89 DR. JOHN FREDRICKSON (H) 783-1972 09-21-04 10-03-95 09-15-06 8716 CROTON CT 09-17-02 (1st Alt) 09-05-00 12-07-94 08-18-98 (2nd Alt) 09-03-96 (Reg) DONALD DUNN (H) 799-4599 10-04-04 (2nd Alt) 09-15-08 8702 HIBISCUS CT 05-03-05 (1st Alt) dsamudragupta@aol.com 11-02-05 (Reg) HARRY PEARSON (H) 868-1814 01-03-06(Reg) 8703 Camelia Court 12-06-05 (2nd Alt) 09-15-08 JOHN JOHANSON (H) 783-6821 02-07-06(1st Alt) 09-15-09 310 Adams Ave. (W) 508-2092 One Alternate Vacancy City of Cape Canaveral July 27, 2006 Ms. Bea McNeely 435 Jefferson Ave. Cape Canaveral, F Dear Ms. McNeely: Your term on the Planning and Zoning Board expires on September 15, 2006. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, August 15, 2006. Thank you. I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. I (Signature) Bea Mc eely, Chairperson Sincerely, Virginia Haas, CMC Assistant City Clerk Cc: Susan Chapman Secretary, Planning & Zoning Board 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 City of Cape Canaveral Dr. John Fredrickson 8716 Croton Court Cape Canaveral, FL Dear Dr. John: Your term on the Planning and Zoning Board expires on September 15, 2006. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk. The resolution to re -appoint you as a Board member is scheduled f&'appear on the City Council Agenda of Tuesday, August 15, 2006. Thank you. X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. Q --— (Signature) Dr. Joh Fredrickson, Regular Member Sincerely, Virginia Haas, CMC Assistant City Clerk Cc: Susan Chapman Secretary, Planning & Zoning Board 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 Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Consent Item q No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-28, APPOINTING TWO REGULAR MEMBERS TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-28, appointing Darrell Peterson and Alison Spiesman as. regular members of the Business & Cultural Development Board. Summary Explanation & Background: Their terms will empire on 06-01-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-28 City Mana ffice - -? Department LEGISLATIVE cape\myd c en a in\council \mee 1ng\2006\08-15-06\2006-28.doc RESOLUTION NO. 2006-28 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Darrell Peterson is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1. 2009. SECTION 2. Alison Spiesman is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1. 2009. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of Au ust 2006. ATTEST: Rocky Randels, Mayor For Against Susan Stills, City Clerk Approved as to Form: Burt Bruns Robert Hoog Leo Nicholas Buzz Petsos Anthony Garganese, CITY ATTORNEY Rocky Randels Bill P. Leach 110 East Central Boulevard Cape Canaveral, Florida 32920 Home: (321) 799-1768 Fax: (321) 799-0125 June 20, 2006 City of Cape Canaveral City Manager Dear Sir, This letter serves as notice of my resignation from the City of Cape Canaveral's Business and Cultural Development Board. I've enjoyed my experiences on the Board over the years very much. I am currently in the process of obtaining my Doctorate from the University of Central Florida which consumes the majority of my free time. My classes always seem to conflict with the meetings. Since my work schedule and school schedule are in conflict, I cannot devote the proper amount of effort to the Board. Thank you for the opportunity to be of service to the City. Sinc rely, Bill P. Leach August 7, 2006 `\ iV. Dear Mr. Bennett 1tr It has been my great pleasure to of worked with the City of Cape Canaveral as ncpJit„ member on the Business and Cultural Development Board for the past 10 years. This experience has given me a deeper appreciation of the dedication and hard work that is involved with challenges associated with civic duties. At this time, however, it is in the best interests of the Board if I resign immediately, effective upon receipt of this letter. I have watched our Board develop over the last few years and have taken great pride in seeing the dynamics that are evolving. That being said, I would not, in any way, want my continued participation as a board member to be a deterrent to the effectiveness and efficiency of this Boards' role. I would like to thank everyone on the Council for having given me the opportunity of serving as a member on this advisory board. Also I would certainly be remiss in not extending a special thanks to the current team of the Business and Cultural Development Board, as it has been an invaluable experience and pleasure to have worked with such insightful, motivated and dedicated individuals. To each of you I give my personal thanks. Sincerely yours, Craig E. Smith CITY OF CAPE CANAVERAL BUSINESS AND CULTURAL DEVELOPMENT BOARD REVISED 08/09/06 Board Meets 3rd Wednesday 5 Regular/2Altemate Member Board Monthly in Annex at 7pm Serving Three (3) Year Terms under 2 Alt. Vacancies City Code Sec 2-171(f) MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES 05-17-05 ELIZABETH FOY (H) 783-4410 06-01-03 (Reg) 06-01-07 125 W. Leon Lane (C) 591-8809 06-19-01 (1st Alt) Cocoa Beach, FL 32932 03-20-01 (2nd Alt) bethfoy@cfl.rr.com VICE CHAIRPERSON JOHN ANDERSON (H) 784-1607 06-07-05 (Reg) 06-01-08 8106 Presidential Court 0419-05 (1st Alt) johnandersoniesc@yahoo.com 01-04-05 (2nd Alt) C. SHANNON ROBERTS (H) 7843334 03-21-06 (Reg) 06-01-08 703 Solana Shores Dr., #501 (C) 615-1855 08-16-05 (1st Alt) csroberts@cfl.rr.com DARRELL PETERSON (H) 784-4097 0418-06 (1st Alt) 06-01-09 703 Solana Shores Dr., #202 (C) 917-8379 petersdp@peoplepc.com ALISON SPIESMAN (H) 868-4410 06-20-06 (2nd Alt) 06-01-09 8773 Live Oak Ct (C) 432-7231 Alison@paradiseparasol.com Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Consent Item 5 No. I recommend approval. AGENDA REPORT CIT)% COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH DEPT/DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider approval of a School Resource Officer Agreement with the City of Cocoa Beach in the amount of $3,413.00 to cover Cocoa Beach High School. Summary Explanation & Background: This year's cost is $3,413.00 covering 256 (13.61%) of Cape Canaveral students attending the high school. Last year's cost was $4,338.00. I recommend approval. Exhibits Attached: SRO Agreement City Mana Qffice Department PUBLIC SAFETY/POLICE kim\my come admin\counci ing\2006\08-15-06\sro.doe POLICE DEPARTMENT City of Cocoa Beach, Florida P.O. Box 322430 20 South Orlando Avenue COCOA BEACH, FL 32932-2430 July 24, 2006 Susan Stills, City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Ms Stills, ,OF COCpge 'LO (321) 868-3271 FAX (321) 868-3205 www.cityofcocoabeach.com The City of Cocoa Beach Commission has approved the School Resource Officer Agreement for 2006 — 2007. I have enclosed two signed original copies of the agreement and ask that upon approval of the City of Cape Canaveral Council, that one of the original signed copies be returned to my attention. Thank you. Si rely, &LLJLI Pete Malzone, Support Services Administrator Cocoa Beach Police Department Attachments Cc: file AGREEMENT THIS AGREEMENT, dated this 20nd day of July, 2006, by and between THE CITY of CAPE CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School; and whereas the program would cover a period of not more than 190 school year days, and; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The agreement will commence on August 1, 2006 and will terminate on May 30, 2007, unless further continued by mutual agreement of both parties. By May 16, 2007 CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2007-2008 school year. 2. CAPE CANAVERAL agrees to provide thirteen and sixty-one hundredths percent (13.61 %) of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. Per the agreement between COCOA BEACH and the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School Resource Officer cost. For the contract period of August 1, 2006 through May 30, 2007, CAPE CANAVERAL'S payment will be $3,413.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $1,706.50 according to the following schedule: February 7, 2007, and June 6, 2007, subject to prorating based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and I1, which are attached hereto and, by reference, made part hereof. 5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE C COCO EACH, FLORIDA By:t Ch ries J. 1111as, City Manager ATTEST: ME /11 Kalaghchy, CN4City Olerk O' Quinn, ATTACHMENTS: THE CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager ATTEST: By: Susan Stills, City Clerk Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Officer Salary — 2006/2007 Cost Projection EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO, and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed prior to the first day students arrive. Program evaluation will occur twice during the school year with a final report prepared on or before the last day of school for students. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page Two (2) SRO Guidelines C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. Page Three (3) SRO Guidelines 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The SRO may be assigned by the Principal to supervisory duties during or after regular school hours so long as they do not conflict with police department policy or the bargaining agreement between the city and police officers. These after school activities will be under the supervision of school personnel. The School Board will be responsible for 50% of all overtime expenditures directly related to the daily activities of the SRO, not to exceed the budgeted amount contracted between the Brevard County School Board and the employing agency. [This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required.] 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. Page Four (4) SRO Guidelines 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal and the SRO command staff which shall include all overtime activities [including hours] as approved by the Principal. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 1006.12 (School Resource Officer Program) EXHIBIT III Page 1 Officer Salary - Cost Projection OFFICER SALARY - 2006/2007 COST PROJECTION Officer Kathy Stiles Annual Regular Salary @ 22.11 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% Pension - Police @ 22% Social Security @ 6.2% Workers Compensation @ 7.68% TOTAL COMPENSATION (Hourly wage based on 2080 hours) (includes projected 4% increase) $31.34 Cost of SRO for 190 Days (190 Days' 8 hrs * 31.34) Overtime (5% of 190 days = 76 hrs OT) TOTAL COST FOR SCHOOL YEAR MUNICIPALITIES FUNDING* City of Cocoa Beach (% of 1/2 Total Cost for School Year) 86.39% of $25,079 = City of Cape Canaveral (% of 1/2 Total Cost for School Year) 13.61% of $25,079 = COCOA BEACH & CAPE CANAVERAL FUNDING SCHOOL BOARD FUNDING (50% of Total Cost for 190 Days) Total Cost for School Year $45,990 $1,946 $300 $286 $699 $10,612 $1,652 $3,704 $65,189 $47,638 $2,521 $50,159 $21,666 $3,413 $25,079 $25,079 $50,159 *The Municipal cost sharing is based on total student population of 1881 students as of 6/12/06 per Cocoa Beach High School. The number of students residing in the City of Cape Canaveral, FL. is 256 or 13.61 %. 7/6/2006 SRO Exhibit III 07.xls Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Consent Item 6 No. Application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR COCOA BEACH AREA CHAMBER OF COMMERCE WEDNESDAY-FRIENDSDAY BY FAIRVILLA MEGA STORE, SPONSOR DEPT/DIVISION: ADN41NISTRATION Requested Action: City Council consider approval of the Outdoor Entertainment Permit for the Cocoa Beach Area Camber of Commerce Wednesday-Friendsday on September 6, 2006, sponsored by the applicant, Fairvilla Mega Store. Summary Explanation & Background: See attached application. Exhibits Attached: Application City Ma 's Office Department ADMINISTRATION G kim\my ocume s\admin\council mee ing\2006\08-15-06\fairvilla.doc Jul 21 06 02:51p The Murphy Organization Urso 22 OS 05:18p The Murphy Organization TFUM1 . ,_9 .j1 ,� Tt 4a cocoBCjicAx 407-644-0447 p.2 jj4nn07-644-0447 p.l 00, W� ACRZINI NT Bl?l' TEN COCOA BEACH AREA CHAMKR OF COMMERCE AND WBDI 2XMYIFRIENDSDAY SPONSOR cOmwr Apr, /fit //,• • l ADDRM-- 6-00 MY. t TT'''&e -e �+..►a�r,GIe-.p ' C., �J.' j/G. ��ie S,AJ/�plraai to be lb of the COCOA Beach Am ChMtIfG of Cematerce t"Cbembd odmulaWFrieadodoy on 2006.. Tiro Sponsor mast be an Aative 1'g,jw sad bra on, oubmd'aS balancsa doe ao the MwAw. ' be ware will take plane on to Stat Wednesdev of each month tmlen it o Wlics with a naaenal boliday. raltea the exeepgiimr +vilf bs wade alk tb bads tbra 3pomor and the Chamber. The tiros oftba stmt will be 5.30- 7:30 p.m. 7 ie Spoaser will b t espottsi6le for securing, at the Spcnsots w^tpatse, alaa6at "I" toacwxw&Wsse at Ieaet four huadad people, payMiap at feast two bear pmwldiq: apace for evedlow attondees. adoqusse pattirm. Wrdwve all flood Fquon mianaa sad facaAw far tb imetian pr>rid ft name glee and six obaita for tb Cbmbm staff wA Cku*w Development Team,, providing a public ediaae ey$bM ionic$ door prittee and clan -up after 60 Ova- Tbt credit of the Cbtabrr rnp not be used in eoeaectioa with dm fwaoeial obfissrions o:the Sponsor for the e%eat All bills raill be promptly paid by the Spongia. Upon request: the Cbaroba will provide a currant Ws of Oettaws 1b be used by the Spoom in obtiming carnets, twero antat arc. Alt wervines convocsad by the spoosor 090 be Bom Cbtabor Pa Awn The Chamber agrees to pablicin the areal *bolo a taoporny Pmok for rte sato of alcobok bevarasss wbee necaeeaay, mad sail tb door. Camber staff will ooUaw a SIO -00 "doomdW &M Chamber par- ro or SI5.00 donation San p ogxcdve poses ad will ova two borers fa dekons w each sunt If tw Climber obtains the liquor permit, %roars No pzchasc additiaW basamp tithe% of $1.00, S2M and 53.00 depending oa dw tsps of drisk. The funds eolteoted from the sole of the additional drink tickets will be paid to to Spossor an order In dof ny bevetar toots. If the Sponsor bolds its otva liquor license, additimsl driab may be purchased on a calk bar basis. The Chamber of %QI copAn bsainon cords;( there is ■ door Imes drawing, diwibuae now tags sod mitt the Spam" wilt maiypIgVrdcs. it is endarwood dam !rete Will be no pasting or disklmdon of Iitcratoee of otber smbrial eAw ire tiro Spooner or by attyoae etre wbMw the pdor wdftn ecoaem of the Cbmbor. Tho spoasur may request cornea of thane cords fee ibllow up purpose+ if tiny domes. The Cbmber aim motors to pro>sote the event duoudt *anurias Chmebw pubtioatioes utaladiog but cot l atted to monthly nevAdowf, 4awrady awostm website, wat'y updates. est. Wrom a nceDodea of this coetrsci nest be needs tae Wn that 90 d V prior to the event Aaaapted for the Cocoa Bomb Area Accepted for the Sposaw. Cltaraher of Cemntaroe: �jM Jul 21 06 02:51p The Murphy Organization 407-644-0447 Jul 18 06 08:46e Kim HoInzire 321-666-1224 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR FI(TERTAINMEN't PKRMIT Date The applicant or repressrdafive agr= to be on site at all times empowered wit;t autharity o%AW all aspects of the event aM cmpowered to -xt for the applicant. Name of Applicant: Title: GptY�..yta,-r. Firm;-. Addreetx:..._..�n�I`w�4►. _•-..1�_ 3ZW-p Tolephait:_ t*0 G4_4 . _Z1�� FAX: N.ca '7 Lo:al Com t: A. g _. _ Title:__ Local Address (if different frau abmv) 'type orlivcnt:_[,Int.�yv�iaQ! . Cr.` ret �) 1r• ytt - Event noel:(,&) in Cape Canaveral;_ __S"'Q}, Loeuion(s) Due(s) Tintp p.3 p. 1 Attaeh MP(s) iodiCi tg event arca attd designated psrkieg creft mmffiic t'ontrol Mlic of Polka ire Rescue Equipment OStreet Closing UVehielex/6quipmeAt on Beach cother LiVehicle Parking on City Property By X19MinR tha application, the applltitnt acknowledges and agree.,& to the followfa„ ptowisions: Jul 21 06 02:52p The Murphy Organization 407-644-0447 p.4 Jul 19 06 08t49a Kim MaInaire 321-668-1224 P.2 t. 11�SU,., RAN�CE A written public liability insurance policy insuring the: pagan stagirg, promoting or xmductiub ilia outdoor entertainment evert against any and all claims and demgnds made by any person fur injuries received in eunooctian wit the staging, promoting, conducting or attendance of or at the Outdoor cnterta'nncnt event, written within limits of not less than $300,000.00 damage or injury u> any 0,V petxcut for bodily injury or otherwise, plas 523.000.00 da -mage to property, and ror not less: aur. S500,000.00 for damages incurred or claimed by more than one pawn for bodily injury or otherwisc, pill. S50,a00.00 for damages to property. The original or duplicate of such policy shall be attsehcd to nc application for a spWal outdoor cntawinment permit. together with adequate evidence :hat titc premiums aro paid, Name or Insurance Co: {'JkQI,t k? _cvt-T_nS• Co. Policy No:_ L_ 2 t til �S Expiration Date,__ '0 Z.©C7 _ Ii. IPILO ZOTtONALAUTH IZAT10N Permitt c authorises the City efcape Canaveral to utilize Fermittoob name arnd prajcct for public rclittion purposes and other media related purposes, Ill. F.XPFNSFS/Rr$ The applicant agrees to pay the City, in advance, ibr any services provided by the City at the (:ity's usual rates and any odwrpormit fees that may be applicable to the particular production ass required by the City ofCope Canaveral. FAT? �Jt N rt)fit organisations may seer a waiver of say ofthe outdoor entertainment code requirea►cnts :f Illsection waived dealing with the health, safety and welrurc of those in attendance, as well as the g 21 public, Iia . boon otherwise provided toe as required by said coda List any exemptions you arc kin;o. .. ..c___ I . ___ ApplienntorRepresaatativMritle ApproviA by City of Cape Canaveral: City Rcprcbcatativ.'s Name:, _...__.__.. Title: Applicants shall koe copy of thiS approved permit and att ichmoots on tfic of the event within the City ofCapc Can crol. For tltrrhe nformation. please contact: City of Cape Canaveral Bennett C. Boucher. City Manager 105 Polk Avarm Cape Canaveral, ISL 32920 Phoac: (321) a68-1230 Fax: (721) $69-1224 Jul 21 06 02:52p The Murphy Organization 407-644-0447 P.5 �- V, tWE IX ASPIWr CURI 7= ML - 5' .. C. Ak, .Zj j { ' _ PARCEL 770.1 iN OO)WO C.3. S. 3L.X, ;t fi O Z .-I., Z i WETAL v 4 G4 Fr C$03 FL o F"4 0 co AD W; S5-2'-38 (2V t 60' ACCM 4^5D60eNr TOWER BOULEVARD gy OUIr C4,VA# PM O -P 6, 30577, 'A C44VAL., ff -SOL/repm Mu -L'Frk LID- ar;! r.pp \ti PER CRG fold, 7. F ! � • rq A.- Z .-I., Z i WETAL v 4 G4 Fr C$03 FL o F"4 0 co AD W; S5-2'-38 (2V t 60' ACCM 4^5D60eNr TOWER BOULEVARD gy OUIr C4,VA# PM O -P 6, 30577, 'A C44VAL., ff -SOL/repm Mu -L'Frk LID- ar;! r.pp \ti PER CRG fold, Jul 21 06 02:52p The Murphy Organization 407-644-0447 p.6 Event: Chamber of Commerce Wednesday Friends Day Host: Fairvilla megastore Title: Fairvilla Chamberween preview Where:500 Thurm Blvd. Cape Canaveral, FL 32920 Date: September 6, 2006 Time: 5:30 — 7:30 Contact: Garrett Lind Tenting: 2 / 40'x40' frame tents (Fire certificates will be received from the rental company prior to set up.) 2 / 10' x 10' pop up tents (fire retardant tag is on canvas of tent) Parking: Parking area surrounding the premises is fully capable of occupying the event. In the result of overflow parking; Radisson Hotel has agreed to allow parking at the hotel. Electrical: Electrical will be at a minimum since the event is being held during daylight hours. All outlets will be inspected and repaired if needed. One heating lamp will be used for Prime rib serving table out side and will be tended to at all times Two l01b. Chocolate fountains will be inside also supervised at all times Sound Equipment will be a single PA system that will be used for music and sound throughout the event. Four to Six fans/Air Coolers may be used throughout the event to help with heat and air flow (location not yet determined) Entertainment: One band may be hired to perform and use the PA system provided by the Facility. The band will perform from 5:30 to 6:15 then from 7:00 till 7:45 Staffing: Over 25 personnel will be on staff to tent and maintain the event Throughout the entire duration of the event Staging: 10) 4'x 8' Staging will be set up in preparation for the costume fashion show. Staging will be 18" High. Exits: All Exits will be kept free and clear of obstructions. While store is occupied. Jul 31 06 09:52a The Murphy Organization 407-644-0447 p.2 CUP211 D561 United States Liability Insurance Group Renews of Humber 190 South Warner Road Wayne, PA 19087 • (] United States Liability Insurance Company POLICY DECLARATIONS 2J Mount Vernon Fire Insurance Company CUSTOMER COPY No. XL2111655 C] U.S. Underwriters Insurance Company 137 ani NAMED INSURED AND ADDRESS BLARNEY 67, INC. DBA: FAIRVILLA MEGASTORE C/O GLENN DUFFY 500 THURM BLVD. CAPE CANAVERAL, FL 32920 POLICY PERIOD: (MO. DAY YR.) FROM 03/17/2006 TO 0311712007 FORM OF BUSINESS: Corporation BUSINESS DESCRIPTION: ADULT TOY STORE SI!r"UHEv°AG MIlC i%*, PROD 1GA6rnW'L- .w.r„ A la irutgwwl W 11$ FLIMM SMIUS LAYS 0. PUMIS KUM By W'rLUS 16 CIL%M 00 WT WEE THE PROIEC O OF 111 R081D,t IttSS;RAl1t2 MAW ACT T01HE WN CIF W RN OF RMW MR )if 0811. 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE SCHEDULE OF UNDERLING INSURANCE Lit Separately, Insurer(s), Policy Number(s), Policy Period(s), and Priamitun(s) SCOTTSDAL.E TBD 3/17106-3117107 LIMITS OF INSURANCE: I Section I (in Excess Of) Section 11 Section IN Coverage Company Limits Underlying Llmits Total Limits of of Insurance of Insurance InsurancIt A- Commercial General Liability Rate Estimated Premium FLAT Each Occurrence $3,000,000.00 $1,000,000.00 $4,000,000.00 Personal and Advertising injury $3,000,000.00 $1,000,000.00 $4,000,000.00 Medical Expense (Any One Person) Not Covered $5,000.00 $5,000.00 Fre Damage (Arty One Fre) Not Covered $1001000.00 $100,000.00 Products / Completed Operations Aggregate $3,000,000.00 $2,000,000.00 $5,000,000.00 General Aggregate (other than Products 1 $3,000,000.00 $2,000,000.00 $5,000,000.00 Completed lDperations) B. Other PREMIUM COMPUTATION Premium Basis Fstima0ed Exposure Rate Estimated Premium FLAT FLAT FLAT $3,250 TOTAL ADVANCE PREMIUM: $3,250 LIABILITY PREMIUM: $3,250 Covera a Form(s)/Part(s) and Endorsement(s) made a pan of this policy at time of issue: See Endorsement EOD 01195 Policy Premium $3,250.00 Policy Fee $35.00 Surplus Lines Tax $164.25 Service Fee $8.21 Total $3,457.46 Agent GRESHAM & ASSOCIATES (WINTER PARK, FL) MTV-XLD (4198) Issued Date: 03/22/2006 By Authorized Representativ ell —X JUL-31-2006 10:14AM FROM -Black Bear Insurance Agency, Inc 4077862327 T-760 P.001/001 F -2T7 w CERTtFtCATE OF LIABUTY iNSURANCh V - ^ �. __ _ _ ATZ 18 RIGNI S UPON THE CERTIFICATE ATE DOES NOT AMEND, EXTEND Oft ES uELOIW AFFORDED SY 7HE DOL► glaok Sear Insurance A9p-slcY 260 tisekiva Springs Rd Ste1000 Longwood pl. 32779 Fax:407-786-2327 phone:40i-774-2327 ONLY AND I ALTDOML f-R THE INSURERS AFFORDING COVERAGE IMSURERA• western Herita HA1C 0 g INSURER G' iCeccwa.. « 2 Ste n�116�nator® dba ��syy INSURER a mount vestison Fise Ins Co 00 Rrsurm 'Blvd GR C. POCanaverallFL 32920 INSUR aVERACaE5 TO THE {NSUI µ11ME0 FOR TMS POLICY KRW UgIGTED. NOTM�TIISTANDING OR OTHER DOCUMENT METH RESPECT TO MMNCH THIS CERTIFICATE MAY 8e ISeue4 ANY REQUIRE TERM OR CONDRION !x ANY 7 TO ALL THE PERMS. pICLUSgNS AND CONpRIONS OF SUCH alar PertAn+. THE ws(mANce AF.oRD� ►�iAve E6N Reouce0 eY PPaD` c�a+s. �� Lefts POUCeiS.ACGREOATELWIRS9f10WN POL�cY►ArMBER M MW __ EACH OCCURRElICE f 1 GENERALLAAW C $ Cq,11,MIALGENeRALLIABILI" C1.91247302 CLANS MADE tE OCCUR uMff AWLIIE-�s PER: Pj1�� 1 f LOC AVroWWLE UAWLM ANY AUTO ALL mweo AUTOS WHEpULED AUTOS HIRED AUTOS WNOMED AUTOS pARAGE LIABLI" 7 AMY AUTO d(CESWUMBRELLA UABILm D g OCCUR 0 CLAIMS.MADE xW111655 DEDUCTIBLE RKMNTKW WO COMPENSATION ANO EAPLOYeRw LUMILITY PROPRIETOaPA�N CUTNE O�PFICeRIMEAABeR W D9 s 100 000 03/17/06 03/17/07 PREMISEa o a'ro^�o $ 5 � Q00 MED W (Any one pow") PeRSOMAL & INJURY $1,000,000 GENERALAGGRSGATS 92 000,000 .o rw rCTs - CpaPrOP AGG f 2f 2 , 0000 ,0,00 Lr+MT $ as ocddWM RCOIL—Y f (per P BODILY INJURY S (P8r a0d0oM) PROPERTY DAMAGE S (hr ae wwo) AUTO ONLY -EA ACCIDENT f O'TI4gR THAN ACC f AUrs OrH.Y. AW f &A'HOCCURRENCE 63 03/17/06 03/17/0'7 AGGREGATE �� s3 s s s DTHeIe 03/1.7/06 03/17/07 Section SC80584649 05/1010S 05 10/06 A Propest7f IC10976100663001 r Section kM ;ranaiII.PRO B pr r LOCATIONS I VEHICLES I ADDEO sY OFTION of oP6Rr► lies to non payment of prm"um *10 day notice of canCe3lation apQ Cape Canaveral City Manager Attn: KIM Fz: CABEC-2 E.L EACH ACC-CE14T is E LE L. OjSgAS9 EA 6MPLOY 3 EL DISEASE • POLICY LIMB 3 ;ANCELLATION 1"IEXPIRATK SHOULD ANY OP TNS ^W"DEWNDFU POUOfEe ei CANCELlEO BES DATE 1HER60E- -ME ISS INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE to THE CERTINCATE HOLDER NAMED TO THE LEFT. BOT FAILURE tO DO so SHAW IMPOSE NO OOLI ATIOM OR UADILIrY OP ANY KIND UPON 7NE RIMMER, rIM AotWn oR DBPR ABT -6003 - Division Of Alcoholic Beverages and Tobacco Application for OnelTwoTThree Day Permits or Special Sales License STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . 1940 Norah Monroe Street \� `•• TaAahassee, FL 32399-0783 If you h6,e any questions or need assistance in completing this application, please contact,the Depart>7fSent of Business and Professional Regulat/On ory . `il cat district rjTjce. Please submit your completed application to your local district office. This appfication may tie submitted by mail, through appointment; or it can be dropped off. ° District "Office Address and Contact Information Sheet can be found on ABBT's page of the DBPR. web.site at the link provided below. hfE)://www. ttate. jL us/dbprlat)l obnfacei n.dex.shim l A. M ... ransaction Type, ` F One/TWo/Three. Day Permit ❑ ,Special Sales License Full Name of Entity or Organization W 11 if this is a corporation or other -legal entity, enter the name -as registered with the Secretary of State) Cocoa Beach :Area. Chamber of Commerce Corporation Charter..Number (if:.applicable) �- s areor ame o vent e of Event t treet and NUmber) r -V .r kIlr- 131` X �County t.Bre State 3.Address Zip Code k-5903980 ((Street"or P.O. Box)., .FortenTierry Road`,. State ZipCode itt Island` = FL' 2 Person, I PhoneNumber ` 321-459-2200P rmit D sired ems- X04 3 Name of Entity or Organization n Cocoa Beach Area Chamber of Commercei �- s�resS �a Z v (fet'e The named applicant for a license/permit has complied with the Florida Statutes conceminy registration for Sales and Use Tax and has agreed to pay any applicable taxes due. Sales TaK# 15-00-039316-99 Signed / l�J'l r P C�G�i�-� L e Date �C�/ Department of Revenue Stamp: _V. �• i10y u_NT OF REVENUE {. zF}—LEEARLAKE ROAD BLDG M r COCOA, FL 32�2-2 Organization Name/Name of Event Cocoa Be,a rea: Ehamber• of Commercel�er Location of Event (Strdet and umber) �%7 M '�5 2 .-C_ V r Cityty Coun �B evard The location complies with zoning requirements for the temporary sale cf;acoholic beverages pursuant to this application for a One/Two/Three Day permit. I ` Signed Date Title. 4 F ntity or Organizationeach. Area Chamber of Commer eij-�+'���Sz`fcertify that the applicant requesting the permit in theabove and foregoing applic on is a non - organization and that the permit, if used, will be used only by the organization making application, e(s) requested and at the location stated. This is to further certify that the applicant organizationceived more Than three (3) permits within the calendar year and agree that-the.location may be inspectzd -6nd searched during the time that the permit is issued and business is being conducted without a search warrant by authorized agents or employees of the Division. of Alcoholic Beverages and Tobacco, the Sheriff, his Deputies, and Police Officers for purposes of determining compliance with the alcoholic beverage laws. l tt a undersigned individual, hereby swear or affirm that I am dulyauthorized tt,,make the above and fori6going statements on behalf of the applicant organization . Furthermore,. 1. swear under oath or affirmation under penalty of perjury as provided for in. Sections 559.791; 562,45, and 837:06, Florida.Statutes, that the foregoing information is. true to the best of my,., o edge.' •!-STATE OF .FLORIDA -. eooi �r`n�1 ct( rJ� rI IKp� )UNTY OF. BREVARD The foregoing was ( ) Swam to and Subscribed OR (X) Acknowledged Before me this 9T ay of sw� zoo,,'Mo-LI-M, who is (X) personally known to me UIR ( ) who produced as identification. Notaty Public Stare gfl=ionda Sandra M Owens a�My Commission DD55307f mmis4id" ¢@$0 Notary ublic'®.JO .> Notary Public.8tate of Florida Sandra M Owens My Commission DD553071 Cr M1 Expires 0610612010 5 Aug 08 06 11:118 � --The Murphy Organization 407-644-0447 p.2 Cx'N 2003235404 004&"" Off pn OR BOwP w- 5003 2102 rdw wonm mraao mw eY Mm SHOULD M t MVFMW To: Scott ENNs P. 10M �.esLAx� PA Cork acaaa, aaw«d tar.rr 3218 N. WiddMM Road, Eta 2 rrwa r� +s oo sem: 0.00 Neboarne; Fbrida 32935 0.70 •: a MrO: 0.00 MTac 0.0 0.70 0 ACCESIANDIARIMUMOMML Ti®S ACCF,9SAMD PARTaNGEA9'EMEN`T AGRNT C`$�"?+made and entered into this � of July, 2003, by and between ROBERT A. BAUGH$R, TRUSTEE MAUGHBR"), wbose address is 2210 S. Adsalk Avenue, Cocoa Beady. Florida 32931; and BLARNEY 67, CNC., a Florida corporadoa M AMY'% whose address is 1600 Les Road. Winter Pads, Florida 32789, WETH: WHEREAS, BAUGHER is the owner of that certain real property located in Brevard Cbuirty. Florida, which is more particularly described on Exhibit "A" mod here% and ineorporated berain by reference (111apter Prager X and WHEREAS, BLARNEY is dw owner of that cousin real property !opted in Brevard County, Florida, which is more particularly deco IW on F.xlnbit V attaeW hereto and Wuporated herda by rePea moe (`Mwney PnpwW): and WHERRAS.inardertaprovidepwidugepmcnmdiogmw=W egr+ara to Tiwrm Bovkvwd acrd to the parking apaeen Baughw has agreed to grout to Blornoyan easement for }aaldalg ova and acmes a portion of the Bangher Property, which portion is mra* as described on ExkWt " C" which is MwIted hereto and Wcwpw*W herem by reftmee ("Caaweat Pareen. NOW, THMFORE, for and in cowidowation of the pmn*s sad mWeal covenarda Aug 08 06 11:11a The Murphy Organization 407-644-0447 p.3 k f as eoowPow 5003 1 2903 contsi a heron and other good and vdasble wris iderdions, and that darn Ingres, Egress and Parking Eaaarneot from Blarney 67, Tac., to Robot A. Baug>ter. Trustee, of even date herewith, the neoW and sutFicieocy of which is hereby sekaowiedged. rte parties hereto, intending to be legaliy bound, ages as foilom 1. The foregoing recitals are ac nowledsod to be true and corroat and by this reterenee are incopo &%d him this Agreement. 2. Baogher haft grants and =wreys b Shaky and its saooessors and assigns, for the benefit of the Blarney Pwpeety a non-exchuive, pekpehul ens mme upon and sciano the BaagIm Property far ingress and egress to Therm Boulevard and to the puking spaces allocated to them. no purpose ofthis Saseaneat is to allow Bl uney. togedscrwith its guests sad invitees, vehiodar and pedestrian pew and over, upon and across the Bangber Property to and frons B1u:cay's property, to and ffvrn Tj=m Boulevard and to sod Bonn do "parking of as art forth in Paragraph 3 3. In addition, Baaghor hereby grants and convoys to Blarney the fight to forty (40) parking spaces which skull be alloc" to its use on Baogher Property. Provided, however. But Baglner reserves the right to relocate the finny (40) puking spaces from time to time as he makes impkvvcmmts on the Bawler property. In the event Bavoor relocates the 40 parking spscos„ Baagher agroes that sad rdoesdon will be with3a 64 fort ofa contiguous boundaryline between the Baughor Pwcd and the Blarney Parcel, which aondiguons boundaries are as shown on Exhibit' C" attached.. Further. Banghor reserves the right to substiti to the property to be mewed by this Easernent with anyof the Baugher pmpatly as set fetch on Exhibit "A" for the prop" set fortis on the attached Exhibit "C' Mmemeat Pare* as maybe nacos ryin the event dwpatiting spaces ace retocatn4 provided ho ever that the 64 feet limitation shall apply in the egaot of ""tit rtion or Rug 08 06 11:12a The Murphy Organization 407-644-0447 p.4 HLAa-1lr- 'Jb W: LS V. 16411d CFM 2003235W oRsa wPaae: -5003 / 2104 relocation. The distswe of 64 feet Aa be extended artily by the requk mgnt of a graw wmca or setback line by the City of Cape Canaveral, and the extension will be limited to the regWnruent Bangber tray elect, at his sole option, to caoahnct a parking 4arage and allow Blarney the allocation of 4O spaces within said parking garap in lieu ofparking apacaea. in the event Bavow shaild make this decUM Baaghw agrees dwA the remove will be located wMa 100 feet of a comivous bomdauy line o(dw pa re ty, and Mawywill have a nun -e xclusiv% perpetual eaaeavemoo Eorty{40)patld119apse vid inoddpat— ggarsga.ThisPovisiond allsope ccedeand replace the 64 Soot provision ret farlb in the preceding paragraph. Nothing berem contained shall obligate Bm*ber to allow Blantey use of a parft Vor which maybe coafteted so long as the forty parking spaces are maintained is soother location m specified heron. 4. All easaneaK rights gcmtted berrin shell be atiliud is acoordance with the rules, and neglb'done of and purrwnt to all Pounks framed by my appiirable govannaental agencies. S. This Amort and all rights craaA, herein, shall rem with tate land of each of the Basher Pavpocly and Blarney Property and slued be binding upon and inure to the benefit of the pasties hwM and their respective suooearors and amgp& 6. Mw Easement rights granted herdn are n=-ftd dve in mtur+e and inject to all aaers of record. Bawer shall have the right to use his property, or awry portion thereof, for any purpose Wt itiConeiatm with Bre fall use and enjoyment of the rights granted herein. Baugher hereby rererve�s the absolute right, from time to ikar, witboatobbdaing the consent or approval ofBlamey, to make reasonable changes, m0dificstium or alterations in the Bausbe rPmperty, provided that the qV of the Blarney Property ro pedestrian and vehicular traffic and to its parl6ag spaces is not unreasonably restricted dwnby and the Bow of wkcarlar ftmc therreon is not mawdaliy, Hug 08 06 11s12a The Murphy Organization 407-644-0447 1'1V4 V 1 6VVV VV' ►�' V<n.M. r4WP4 affected, and the mubdng terms of this Fas=t m not vu> *a& ' wwpw. 5003 / 2105 7. Tbeparbnfwdwagrwdwifanypmvim=oftidsAVenom tortheapplicatmtba=f shelf be held ae be invalid or unenfimebie in a nowt of low. the remainder oftiva Apv mut shall not be aroded tla mby and each provision of this Apmemnt shelf otherwise remain valid and enfamemble to dot fullest extort penn twl by lar. & lathe~ that anyparlyhereto hires sn admacyte enibiw anytemt ofthis Agreenmm t�egsadiess of wbedw shy fo[mal onfix aemeot action or legs) prodding, is oommena4 the pwcy prevsilittg in said dispege. tmfo[�eensaai action orJegal proceeding shall ire eafitle to tncaver all casts and expenses inclined itr cxumection therewilly including reesonable sttorrrcy's, paralegals' ar other experts' fees (including those incsrn►d on may m'mm or appear and costs insured mcWenW thereto Som the party not pnwaifing in said disptrte, action or proceedings. 9. Bain spies to maintai% nor and =place► w accessary, anyportion of the Baugher Propestywhieb is used by 8huwoy and to psythe costs and expcom in 000nection therewith, so long = the use is comiSUM with the iniM herein, i.e.. ingama and epos and psakhw 10 This Avvemmal shall be gpvwned, enlroed„ mea construed under the laws ofthe 5tde of FlaK9da, sad venue for wyaetion itwolving this Agt+e mcnt shall he in B=vatd County, Fla b. IN WrTN W WHEREOF, the parties have havm10 sd their binds and seals on this day and year fird above wrist L Hug 08 06 11:12a The Murphtj Organization 407_644-0.447 p.6 Oa 9cwPw 5003 / 2105 BLARNEY 67, INC. BY: WILLIAM J. MURPHY, Pros. 1600 Lee Road Witamm mr to `BLARNEY 67, INC.' VVmbw Pack, FL 32789 STATE OF FLORIDA : COUNTY OF BREVARD: iag insbunwe wmr executed, sworn lo and a kwwledged beim axe thio of 2003, by ROBERT A. BAMEMR, a Tiump, who c� s�paeonal�r iorcwa uo me or wbo as ida lifts iom "— AWAV /,, , STATE OF FLORIDA : COUNTY OF ORANGE: Thet6rtpinguuuuw wwasoxocuted,swomtowWwJ aawlodpdbeforemetbis day Of— . 2003, by WILLIAM L MURPHY, mtPrcWm ofBLARNEY 67, INC., a Florida oorpomdm wW is personally i mown to we or who provided 83 idwAficatioe. NOTARY PUBLIC My Commission Expires: p a Aug 09 06 11:13a The Murphy Organization 407-644-0447 fxllr-t3r=d�F7b W; 14 798 44813 P• 2 ` ...5. .... ..v yah-var RoollrT. 4 .Mlsis rn FWP :P ISA 1.AJNC.PA i1X 60.-.3M2SIMS Jul . 23 29M W:3" P5 I 94W17'N>M WMRWK da"Mmbnehoomlosetft*hw&SMwoken dig doy eed y�.► i3ot stbor� Mngow. EAi1�R 410rS. A*Ade Avow CGMBNW% FL 32931 r $Mmm 09yP�Lr�Oy�� h COUNTY Y /'M" ARVA": !be faadofy t +ra! elceeeie� eega� b and d bsiee •e tbis,� d�yr arvhqpls of. X001, tiy�0�9tT A, BAt a TtlrweS .r1ro i� per�eadly baon�» to me NO?lIiRYNJ8I2C ' 1dj►CgeiiO�t 1 . 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Owego a aw*ul eIr/a at W18*2r. a Alli - of 120 fast awls bboo�fd�t.a sell/ t&mVwtr Apt/ of aq lle a1 o 043MVID"AL. a dlatwad e ' Mr;,fi teal. lhlnw KSr3tWV- a d%WPW of taA S tsar bent. S-W21•10V- a dblamao r 770.94 foal. M Ivo Paha of da/Y6t1 a Bold peed samalnl GW4 sena oval or fate. Shoal 2 M 2 Ire= rr�irrarsir"iitaa�.r+�.�wr~ 11..31111 era w wr w►ar•tar aara�,teep� w'�'e� I oRsouimp!mw 5003 1 2109 Rug 08 06 11:13a The Murphy Organization 407-644-0447 LEtl L DESCRIPT.QN: (t+toroei No. 754.1) 111oc:t of bW WV A�"^ li Fl0ltfq i1 SHCatnl 18. '_"Who 24 South. 037 �' pehrg rm" Perieatbrfy dn=%Gd w fofloew On' Sneord O"mot the mon° efte to w1e o! 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MMawM� 8� 0""` � 5003 1 2111 p.12 Aug 08 06 11:11a The Murphy Organization 407-644-0447 p.1 Corporate Offices 1600 Lee Road Winter Park, FL 32789 Tel: 407/644-7800 Fax: 407/644-0447 Fax- -'')a k J S�, 1; 1 { — �,C . y Pages: 1,;6 Phone: , I � FCCC�'' - N (` � � �- i J Re. r t O Urgent ❑ For Review ❑ Please Continent ❑ Please Reply 0 Please Recycle `Lq �L La t Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Considerations Item 7 No. I recommend approval AGENDA REPORT CITY COUNCH, OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD BID NO. 06-05, PUBLIC WORKS MAINTENANCE BUILDING DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the award of Bid No. 06-05, Public Works Maintenance Building, to Butler Construction Company in the amount of $507,777 as recommended by the public works director. Summary Explanation & Background: See attached memo from the public works director. This project is 100% sewer impact fee eligible. I recommend approval Exhibits Attached: Public Works Director's memo dated 08-01-06 CityyMianaerIs Office Department PUBLIC WORKS/WWTP e-nt\kim ents\admin\council\meeting\2006\08-15-06\06-05.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: August 1, 2006 SUBJECT: City Council Agenda Item for August 15, 2006 Bid Award 06-05 Public Works Maintenance Building The City of Cape Canaveral advertised for Public Works Maintenance Building BID no 06-05 and was published in the Orlando Sentinel and Florida Today on June 26,2006. In addition, the BID 06-05 was posted on the City of Cape Canaveral's Web Page. Twelve (12) firms purchased bid documents. A Pre -Bid meeting was held on July 7 1 at 2:00 at the City Hall Annex. Bids were accepted until 2:00 on July 21st, 2006. On this date, the City received three (3) Bids. Bid opening was on July 21" 2006 at 2:15 at the City Hall Annex. The Public Works Director reviewed all of the BIDS from following firms: 1. Butler Construction, Rockledge, Florida $507,777.00 2. Mark Cook Builders, Inc., Leesburg, Florida $597,269.00 3. Canaveral Construction Co. Inc, Mims Florida $775,000.00 Butler Construction of Rockledge, Florida was the low bidder in the amount of $507,777. Butler Construction Bid package is complete and has satisfactorily provided the requirements. Brown & Caldwell reviewed the bid and found the Firm has the necessary resources to provide the City of Cape Canaveral professional services. Therefore, recommend Bid 06-05 to be awarded to Butler Construction in the amount of $507,777. Funds are budgeted with the Sewer Enterprise Fund in the amount of $300,000. This project is 100% impact fee eligible. Recommend Bid 06-05 to be awarded to Butler Construction and appropriation of the necessary funds. WILY VI VQF1a vaJjaVrrjdj, r1ullua REQUEST FOR PROPOSAL NO. 06-05 TITLE: _Public Works Maintenance Bldg & Site Improvements DATE: 07-21-06 TIME: 2:15 PM PLACE: City Hall Annex Staff Present: Ed Gardulski, Public Works Director, Florence Hall, PW Secretary Virginia Haas, Asst. Clerk PROPOSALS RECEIVED: COMPANY CITY & STATE Bid Amount Butler Construction Co. 210 Hardee Lane Rockledge, FL 32955 $507,777.00 Canaveral Constr. Co. Inc. P.O. Box 799 Mims, FL 32754 $775,000.00 Mark Cook Builders, Inc. 511 North Canal St. Leesburg, FL 34748 $597,269.00 SECTION 00300 M The City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 /I?v T'-74 t ,-C Date: July 21, 2006 The undersigned, as bidder, declares that we have received and examined the project manual entitled Construction of a Maintenance Building and Site Improvements and will contract with the Owner, on the form of agreement provided herewith, to do everything required for the fulfillment of the contract for the construction of a Maintenance Building and Site Improvements at the prices and on the terms and conditions herein contained. We agree that the contract documents include Parts A, B and C of this project manual as well as the referenced federal, state and local agency requirements. We agree that the following shall form a part of this bid: Bid Bidding Schedule Bid Guaranty Bond Certification of Bidder's Experience and Qualifications Proposed Subcontractors Schedule of Manufacturers and Suppliers, Major Equipment and We acknowledge that addenda numbers �— through have been received and have been examined as part of the project manual. Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry tD on business in the State of Florida in the amount of at least ten (10) percent of the total amount of our bid, or alternatively, there is attached a certified or cashier's check payable to the Owner in the amount of at least ten (10) percent of the total amount of our bid. If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written notice of the award of the contract. 00300-1 Citv of Cape Canaveral - Water Reclatnation Facility P:\Gen\CapeCanaveral\124130— Maintenance Buildin_\Project Specifications\Bid Specs\00300 7/13/:006 We further agree, if our bid is accepted and a contract for performance of the work is entered into with the Owner, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. The bidder declares that the Contractor's license number and expiration date and representations made therein are made under penalty of perjury under the laws of the State of Florida. Name of Bidder Contractor's License No. kI. W Licens Expiration Date 0 Si'g&ture of Bidder Title of Signatory 210 �jif-e Witness Address of Bidder P U - Title of Witness State of Incorporation **END OF SECTION** 00300-2 City of Cape Canaveral - Water Reclamation Facilit} P:\Gen\Cape Canaveral\129130 — Maintenance Building.\Project Specifications\Bid Specs\00300 7/12/2006 SECTION 00310 BIDDING SCHEDULE ITEM A: Item A includes the work associated with the demolition and disposal of existing facilities as described in the Contract Documents, comprising the items shown and/or specified, ' the lump sum of: (� LOt� i�Ct.�Sc_ Ili itl NU rlC (YP C� — Dollars (in words) (in numbers) ITEM B: Item B includes the work associated with the Site Improvements including the stormwater management system, site utilities and roadway as described in the Contract Documents, comprising the items shown and/or specified, the lump sum of: 6. 14fl (in words) $ " f :2-1 --7 O (in numbers) ITEM C: Item C includes the work associated with the construction of the building foundation as described in the Contract Documents, comprising the items shown and/or specified, the lump sum of: p� 1-k ou sa rl t C _- ----Dollars (in words) (in numbers) ITEM D: Item D includes the work associated with the construction of the new pre - manufactured Maintenance Building described in the Contract Documents, comprising the items shown and/or specified, the lump sum of: Ole SeVe1 (in wot $ (in numbers) SC✓2f'1 1jW 5CLrTCk 00310-1 City of Cape Canaveral - Water Reclamation Facility P:\Gen\Cape Canaveral\ 129130 — Maintenance Building\Project Specifications\Bid Specs\00310 U26f2006 ITEM E: Item E includes the work associated with completing the interior of the Maintenance Building including, but not limited to the electrical, plumbing, doors, windows,,A> awalls as described in the Contract Documents, comprising the items shown and/or specified, the lump sum of: •l (in words) $ i 2q, vcn . oc) (in numbers) ITEM F: Item F includes the Work associated with the sheeting, shoring, bracing and other excavation supports required by the Trench Safety Act, the lump sum of: t u OU a Ct rej Dollars (in words) $ (Cco - Q) (in numbers) TOTAL CONTRACT PRICE (sum of Items A through F): l-¢UUlrlir S' -even -O lt`Y Sacy �- a a reJ �e`' l • - Dollar $ 501, --rl-?,OD (in words) (in numbers) **END OF SECTION** 00310-2 City of Cape Canaveral - Water Reclamation Facility PAGen\Cape Canaveral\ 129130— Maintenance Building\Project Specifications\Bid Specs\00310 6/26/2006 SECTION 00423 CERTIFICATIO' I OF BIDDER'S EXPERIENCE A\MD QUALIFICATION S The undersigned bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed by the State of Florida to do the type of work required under terms of the contract documents. Bidder further certifies that he is skilled and regularly engaged in the general class and t3Tc of work called for in the contract documents. fn accordance with the requirements of paragraph 00100-1.05 A, the bidder represents that he is competent, knowledgeable and has special skills on the nature, extent and inherent conditions of the work to be performed. Bidder further acknowledges dw- there are certain peculiar and inherent conditions existent in the contraction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and properry. Bidder expressly acknowledges that he is aware of such peculiar risks and that he has the skill and experience to foresee and to adopt protective measures to adequately and :safely perform the construction work with respect to such hazards. Signed this2 1 S} day of'� J Name of Bidder Contractor's Licensc No. and State §jgELure of Bidder CSC f �f a, (' Q / T62n_ Sc Title of Signatory "END OF SECTION* 00423-1 (:iry ofCapc. C:anaverai - Nater Raclamndon Facilit} P:lGenKCape C:anaversAl 29130 — Mainsc,jancc Bui(dir.��p Ljcct Spaifiadicna\Pid Spat.=v.23 61'2 1 2006 SECTION 00430 PROPOSED SUBCONTRACTORS The following information gives the name; business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the contract. No subcontractor doing work in excess of 0.5 percent of the total amount of Lhe bid and who is not listed shall be used without the written approval of the O%tmer. (Additional supporting data may be attached to flus Pape. Each page shall be sequentially numbered, e.g., 00430-2, and headed "Proposed Subcontractors" and shall be signed.) Name ViaeA r k;ve-bi t1 let 4v�ic PAAIClL � �i,� �4rILlCl�r�r� tsz Business Address C_iX D01 -- **END OF SECTION"' Description of Work C(ectr C rYi�tC�1 �lc.�, �►'eC-ttf •c C.tete.<'t4199- � �2{ �► �j tore of Bidder 00=430-1 City ofCape Canal a;a1 - Water Reclama:io;t Facility P:\Gcn`.Cape Cana%cni' l _9130 - Rfa;,,taiutce P.uildins Project Specificatipnsl5id Cp(cci(}(11 iO 6:21.2006 SECTION 00450 SCHEDULE OF MANUFACTURERS AND SUPPLIERS MAJOR EQUIPMENT AND MATERIAL ITEMS In accordance with paragraph 00100-1.04 A.7, the bidder proposes that the named items of major equipment and materials will be supplied by the manufacturers or suppliers as written in by the bidder. Item j Manufacturer or Supplier ?. CAer-11:!�t:zc l Jcccs, 3- 4. 4. 5. 6. 7- 8. 9. 10. I Contractor shall add addition) sheets if more than 10 Subcontractors «-ill be utilized. **END Of SECTION** 00450-1 City of Cape Caaaverat - Waw Rwamaticn facility Y 1Gcn\Cape C ansvxsttl?913J — 1\{�intccuxc T3uildiat�Proje; t $peCifiestiu: S0jrl SpeCi!()[}}_ 6!2V2006 _ L SECTION 00410 KNOW ALL MEN BY THESE PRESENTS: TIIA.T BUTLER CONSTRUCTION COMPANY, INC. hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY hereinafter called the Surety, are jointly and severally held and firmly bound unto the the City of Cape Canaveral, hereinafter called the Obligee, each in the penal sum of ten (10) percent of the total amount of the bid of the Principal for the work, this sum not to exceed ------ TFN PFRCFNT f)F BTT)-------- dollars 10/---- . 1 of lawful money of the United States for the payment thereof unto the Obligee, the Principal and Surety jointly and severally bind themselves forever firmly by these presents.. WHEREAS, the Principal is herewith submitting its offer for the fulfillment of ObIigee's contract for construction of the Wastewater Lift Station 1 Force Main Replacement Project. NOW, THEREFORE, the condition of this obligation is such that if the Principal is awarded the contract, and if the Principal, within the time specified in the bid for such contract, enters into, _executes, and delivers to the Obligee an agreement in the form provided herein complete with evidences of insurance, and if the Principal within the time specified in the bid gives to the Obligee the performance and payment bonds on the form provided herein, then this obligation shall be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the total amount of the bid of the Principal and the amount for which the Obligee legally contracts with another party to fulfill the contract if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or a release of liability of the Surety. IT IS IR—FIR EBY FURTHER. DEC -L -A -RED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Principal, the Surety, and the Obligee and their respective heirs, executors, administrators, successors and assigns. 00410-1 City of Cape Camaveral - Water Reclamation Facility PAG m\Cape Canaverul\129130 — Maiatenance RuildingTroject Speakadonslald Spccs\00410 6/26120M SIGNED AND SEALED this ? 1.q t, day of urr.v . 2cb 6 (SEAL) BUTLER CONSTRUCTION COMPAmy, INC. Principal. S ature for Principal c(E4� i !Yect Urer Title of Signa ry (SEAL) GREAT AMERICAN INSURANCE COMPANY Surety Signature for Surety MALCOLM G. MCCAMPBELL Title of Signatory ATTORNEY- IN -FACT **END OF SECTION" 00410-2 ^Water Reclamation Facility — _ 30 — Maintenance Suilding\Pmject Sp 6/26/2006 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 18121 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney - in -tact. for it and in its name. place and stead to execute in behalf of the said Company. as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power SAM L. ELLINGTON BOTH OF BOTH MALCOLM G. MCCAMPBELL WEST PALM BEACH, FLORIDA $10,000,000 This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 TH day of MAY 2005 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHiO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412.4602) On this 11TH day of MAY, 2005 , before me personally appeared DAVID C. KITCHIN, to me known• being duly sworn. deposes and says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: Their the Division President, the several Divi.silm Vice Presidents and Assistant Vice Presidents, or emn' one of them. be and hereby is authori: eel. from time to little. to appoint one or- more Artorney.r-in-Fac•t to execute on behalf of the Company. as surety. unv and all bonds. rrndertakin,.s acrd contracts of.cru"enshrp, orother- a rittcn obli,,atiorrs in the nature, thereof; to prescribe their respective duties and the respective limits of their atuhorin: and ro revoke am• such appahmnrent eu an1• time. RESOLVED FURTHER: Their the Company seal and the signcaure of ant• of dye nforesaid officers and any Secretary orA.ssi.stanr Secrt tare of rhe Compair may be it/ .ved by facsimile to any power of attorney or certilirate of either• given for the evccution of tory bond. rutderrakin„ conri-act or suren-ship. or other written obligation in the, nature thereof: sin rlt signature and seal when so used heirs; hereby" adopted by the Company as the original signamn of stich olfirc'r unci the, nrigina/ seal of the Company, to be valid and binding upon the Cartparn' trirh rhesane finre and effect as tluurgh manually q.yed. CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing. Power of Atrorney and the Resolutions of the Board of Directors of March I. 1993 hast not been revoked and are now in full force and effect. Sinned and sealed this 21 S,. day of July . 2006 S 1029U (4-04) el� BUTLER CONSTRUCTION COMPAITY CERTIFICATE OF CORPORATE RESOLUTION e I, JOHN P. BUTLER, JR., Secretary of BUTLER CONSTRUCTION COM- PANY, a Florida corporation, hereby certify that at a meeting of the Board of Directors, duly called and held on June 21, 1978.in accordance Y with the Charter and By -Laws, at which meeting a quorum was present and acting throughout, on motion duly made, seconded and carried, the following Resolution was adopted and reads: "RESOLVED, that John P. Butler, Jr. and Kevin F. Butler are legally qualified to act for Butler Construction Company, in all matters connected with its contracting business and have the authority to supervis.e construction undertaken by Butler Construction Company. I further certify that the officers of Butler Construction Company are as follows: President John P. Butler Vice President Kevin F. Butler Secretary/Treasurer John P. Butler, Jr. WITNESS my hand and the seal of Butler Construction Company this day of 1978. John P. Butler, Jr.�� 07/19/2006 WED 11;31 W 5618325992 Butler Construction 141 Butler Rockledge bol/005 BUTLER CONSTRUCTION COMPANY DRUG FREE WORKPLACE POLICY To help ensure a safe, healthy, and productive drug-free work environment for the employees of the Company, Butler Construction Company Inc., hereinafter referred to as the "Company," and j others on Company property, to protect Company property and assets, maintain favorable public image, and to assure efficient operations, the Company has adopted a Policy on drugs, alcohol, and other prohibited items. It is the policy of the Company to maintain its property and to provide a drug -fee: work environment that is both safe for our employees, including others having business with the Company or on Company property, and all job sites on which our employees work and conducive to efficient and productive work standards. This policy restricts certain items and substances from being brought on or being present on Company property, including its parking areas and its vehicles, prohibits Company employees and all others from reporting to work, working, or being present on Company property, nondependent of whether on duty, from having detectable levels or identifiable trace quantities of certain drugs and other substances, and prohibits the unauthorized possession, by employees or others, of certain materials_ Prohibited items The use, possession, sale, manufacture, distribution, dispensation, concealment, receipt, transportation, or being under the influence of any of the following items or substances on Company property (including the presence of detectable levels or identifiable trace quantities), by employees and all others, is prohibited: • Illegal drugs, controlled substances, marijuana, intoxicants (legal or illegal), "look-alike" substances, designer drugs, counterfeit or synthetic drugs, inhalants, and any other drugs or substances that will, in any way, affect safety, work ability, alertness, coordination, judgment, response, or the safety of others on the job. • Alcoholic beverages, execpt as specifically authorized by Company management. (Note: Moderate use of alcohol at Company -approved meetings, or in an appropriate social setting, is not prohibited by this Policy.) Consuming alcoholic beverages while driving or driving any vehicle for Company business while intoxicated is prohibited. The consumption of alcohol on Company time or on Company property is prohibited. • Drug paraphernalia. • Prescription drugs and over-the-counter medications, except under the following conditions: (a) The drugs have be>za prescribed by an authorized medical practitioner for current use (within the past 12 months) for the person in possession of the drugs. (b) The drugs/rnedications, both prescribed and over-the-counter, are limited to a one day's supply, or must be kept in their original container and must be taken in accordance with the dosage recommendations and usage. cautions and generally must not affect the; person's ability to perform work safely_ (c) The Company reserves the right to consult with a medical doctor to determine i f a drug or medication, whether prescribed, produces hazardous or non -safe effects and may restrict the use of any such drug or medication accordingly on Company property. The Company also reserves the right to require an employee to undergo a fitness for duty medical examination by a physician of the Company's choosing. This may also include restricting or altering the individual's work activity or presence at the work site. 07/19!2006 WED 11.31 W 5618325992 Butler Construction 444 Butler Rockledge X002/005 POLICY ENFORCEMENT Because of the importance of this Policy, Company reserves the right, at all times, while on Company premises and property and when circumstances warrant, to have Company supervisors and/or authorized Search and Inspection Specialists, including scent -trained dogs, conduct searches and inspections of employees, or other persons, and their personal property and effects, to include, but not be limited to, lunch boxes, purses, briefcases, baggage, offices; desks, clothing, and vehicles (including trunks, glove compartments, etc.), for the purpose of determining if such employees or other persons are using, possemsina, selling, manufacturing, distributing, dispensing, concealing, receiving, or transporting any of the prohibited items and substances contained in the I Policy. The employee's supervisor and a Senior Company Officer have the right to conduct an on -the - spot search and inspection of employees, or others, and their personal property and effects, as described, if said supervisor has a reason to believe that employees, or others, are in direct violation of any part of this Policy. All searches and inspections conducted by outside authorized specialists will be in the presence of a Senior Company Officer. All employees are expected to cooperate with any investigation regarding this policy. Failure to cooperate., providing false information, or omitting information may subject any employee to disciplinary action up to and including termination of employment. A Search and Inspection, as defined herein, may also include and require employees and others present on Company property to submit to a Urine Drug Screen Test and/or Blood Test or other examination. Tests/inspections may be required under the following circumstances: (a) During preemployment examinations. (b) When an employee's supervisor has reason to believe that an employee on Company property is using or tinder the influence of prohibited drugs, alcohol, and substances, or that there has been a violation of this policy. (c) When an employee, or other person, is found in possession of suspected illegal or prohibited drugs and substances, or when any of these drugs and substances are found in an area controlled or used exclusively by said employee or other person. (d) When an employee returns to active employment after a leave of absence of thirty (30) or more days. (e) Following an on-the-job injury requiring treatment from a physician or following a serious or potentially serious accident or incident, including near misses, in which safety precautions were violated, unsafe instructions or orders were given, vehielcshxluipment/property was damaged, or unusually careless acts were performed. All persons involved and within the immediate vicinity of the incident may have their urine and blood tested. If it is impossible or impractical, because of the physical condition of the individual(s) involved in the accident, to give a urine and blood sample, and if in subsequent medical treatment of the person(%) blood will be drawn, then blood will be analyzed for drugs, alcohol, and other prohibited substances. (f) Randomly (periodically and unannounced).Random testing, other than to meet current specific job site requirements, will not commence until thirty (30) days following the date of this policy; however, applicants for employment shall be subject to testing as of the date of this policy_ The Search, Inspection, Urine, and/or Blood Drug Serc ening provisions herein will be performed with concern for the personal privacy of each employee, or other person, and will also apply to contract labor, when feasible. 07/19/2006 WED 11;34 M 5618325992 Butler Construction 4-)-) Butler Rockledge X003/005 All.persons shall have the opportunity, prior to testing, to Iist all prescription and non-prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs_ All records containing medical information will be maintained in accordance with applicable law. Drugs Usually Tested for and Levels of Detection QMg or Metabolite in Urine Initial Test(Emit) Confinnation'rest (GC/MS) (GC/M S-) Amphetamine 1.000 ng/ml 500 nghn] (includes Methamphetamine) Barbiturate 300 ng/ml 300 mg/ml Benzodiazepine 300 mg/ml 300 ng/ml Cannabinoid 20 ng/ml 15 mg/ml (Marijuana, hashish) (carboxy THC) Cocaine 300 ng(ml 150 ng ml Methadone 300 ng/ml 300 ng/n Opiate: Morphine, Codeine 300 ng/ml 300 mg/ml Methaqualone 300 ng/ml 300 ng/ml Phencyclidine (PCP) 25 ng(m 1 25 ng/ml Ethanol 04/'Mow/volume .04/0/ow/volume (Enzyme .Assay) (GCIFID) Penalties for Violating Policy Any employee found in violation of this policy, or who refuses to submit to a search or urine and/or blood analysis, shall be removed from Company property and be subject to disciplinary action, up to and including termination of employment. Any employee ordered to submit to a urine and/or blood test shall be informed of the reasons why be or she is being ordered to submit the specimen. Any employee failing, after a three-hour period, to submit the specimen will be informed that this refusal constitutes failure to obey a direct order and that this is grounds for termination. Any employee who, as a result of drug testing and screening, is fowid to have detectable levels or identifiable trace quantities of a prohibited" drug or substance in his or her system, regardless of when or where the drug or substance entered that person's system, without an explanation satisfactory to Company, will be considered in violation of this Policy, will be removed from Company property, and will be subject to disciplinary action, up to and including termination of employment_ Additionally, if employment is continued, such employees may be required to submit to random drug screens and/or to participate in and successfully complete a substance abuse program_ Preliminary findings of a Policy violation may require that the employee be suspended, without pay, pending the results of a Company investigation. If said investigation clears the employee of any Policy violation, then said employee will be fully reinstated, including pay, to his or heir job. An employee, or anyone else, who in any way alters, tampers with, or substitute a urine or blood specimen, will be considered a violator of this Policy and the employee shall be discharged. A non-cmployce shall be removed and barred from Company premises. 071/19/2006 WED 11;34 FAX 5618325992 Butler Construction 344 Butler Rockledge X004/005 The Company may take into custody any illegal, unauthorized, or prohibited items or substances and may turn them over to the proper law enforcement agencies. Off -the -Job Drug and Alcohol Substance Use and Activity Employees who use drugs, alcohol, or chemical substances off -the -job run the risk of jeopardizing the safety of themselves, their family, the public, and the Company. Whenever such usage adversely affects public trust in the Company or otherwise interferes with the: Company's ability to carry out its responsibilities, or inercases potential liability for the Company, the Company may be forced to take disciplinary action against the offending employees), up to and including termination of employment. Employees who are convicted or plead guilty or nolo contendere because of off -the -job activities (drug or alcohol related) may be considered in violation of this Policy. In deciding what action to take, the Company will consider the nature of the charges and other factors relative to the impact of the employee's conviction or plea upon the conduct of the Company's business. Savings Clause If any part of this Policy is held invalid by a competent authority, such part shall be invalid and the remainder of the Policy shall continue in full force and effect. Employment At Will Like all other Company policies, this policy does not alter the employment -at -will relationship. Any employee may terminate his or her employment at any time without cause and the Company retains the same right. Definitions To aid in understanding and administering this Policy, the following definitions apply: Illegal drugs -drugs that are not legally obtainable and drugs, which are legally obtainable, but have been obtained illegally. Controlled substances -chemical substances and drugs controlled under the laws of the United _ States of America or by appropriate state law. Anything that one can consume, but cannot purchase at will. Company property/company premises -includes all property, facilities, land, offices, buildings, structures, fixtures, installations, equipment, boats, vessels, barges, aircraft, automobiles, trucks, all other vehicles, and parking areas, whether owned, leased, used, or under the control of the Company. Detectable levelsrdentiiiable trace quantities -the measurable presence of an illegal or prohibited drug or substance found in the body fluids at levels of detection above the lowest cutoff levels, as established by the analytical methods used by the testing laboratory. Proprietary information -information or knowledge, written or otherwise, either owned or of an exclusive or confidential nature. Reason to believe -a belief based on reasonable observable, objective:, or articulable facts sufficient to lead a prudent supervisor to suspect that the employee or other person has been using a prohibited drug, alcohol, or substance. 071/19/2006 WED 11:35 FAX 6618325992 Butler Construction 144 Butler Rockledge g0051/005 The following are examples of such facts: discovering a cache of marijuana, receiving tips of cocaine use during working hours, tips of drug dealing, tips of concealed weapons, discovering bullets and shell casings in a workroom, increased incidents of absenteeism, increased incidents of physical altercations, an increase in errors, observation of drug use, observation of possession of drugs, observation of physical symptoms of being under the influence of a drug, a patten of abnormal conduct that indicates drug abuser, erratic behavior that indicates drug abuse, arrest or conviction for a drug-related offense, identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking, and newly discovered evidence that the employee has tampered with a previous drug test. Under the influence -being unable to perform work in a safe and productive mariner, being in a physical or mental condition that creates a risk to the safety and well-being of the individual, other employees, the public, or Company property and/or having any laboratory evidence of the presence of drugs, alcohol, prohibitexd, or controlled substances, in excess of an identifiable trace quantity and regardless of quality, in the body. Possession -actual or constructive care, custody, control, or immediate access. Designer drugs -any drug which, through the alteration of the chemical structure of an illegal drug, is manufactured, sold, and used or intended to be used to produce the desired effect of the parent drag. Took -alike drugs -substances which may be legal to possess, such as caffeine, but which are manufactured and sold in such a maturer that they have the physical appearance of a controlled j substance and are represented as such_ Drag paraphernalia -includes, but not limited to: 1. Blenders, bowls, containers, spoons, and mixing device used or intended for use in compounding controlled substances. 2. Capsules, balloons, envelopes, and other containers used or intended for use in concealing or packaging of controlled substances. I Hypodermic syringes, needles, or other objects designed or intended for injecting controlled substances into the human body.' 4. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, etc., into the human body, such as pipes, (metal, wooden, glass, acrylic, stone, plastic, or ceramic, with or without screens), water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, or other objects used to hold smoking materials: chamber pipes, electric pipes, air -driver pipes, bongs, ice pipes, and rolling paper (e.g., Zig-'Lag, E -Z Wider, Job, Jolter, etc.) not associated specifically with tobacco products. This Policy supersedes any and all other Company drug policies. Scott A. Butler Vice -President 03/04 Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Considerations Item 8 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RANKING OF FIRMS, RFQ No. 06-04, CITY HALL/POLICE DEPARTMENT NEEDS ASSESSMENT AND DESIGN DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider the review committee's ranking of the six funis that responded to Request for Proposal No. 06-04, City Hall/Police Department Needs Assessment and Design. Summary Explanation & Background: City Council can accept, modify, reject or conduct their own scoring and ranking of the firms. Once City Council has ranked the firms, staff will negotiate a contract for council's consideration. Please advise. Exhibits Attached: Committee memo dated 08-07-06; Submittals were handed out City Manager' Office Department ADMINISTRATION ,.r Lap\kim\my o admin\council meeting\2006\08-15-06\06-04.doc A�l_Ca'i'i0 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From: BENNETT BOUCHER, CITY MANAGE��rVi Dais: August 7, 2006 `bp Re: REVIEW COMMITTEE RECOMMENDATION — RFQ No. 06-04, CITY HALUPOLICE DEPARTMENT NEEDS ASSESSMENT AND DESIGN The Review Committee consisting of the City Clerk, City Treasurer, Building Official, Commander and City Manager met on 08-02-06 and have ranked the six firms as follows: Architects Design Group, Inc. Winter Park/Fort Myers, Florida 458 Points KZF Design Orlando, Florida 377 Points Starmer Ranaldi Planning & Architecture, Inc. Winter Springs, Florida 363 Points Bender & Associates Architects Key West, Florida 292 Points Stottler Stagg & Associates Cape Canaveral, Florida 272 Points John Anthony Ferraro PC Architect New York, New York 190 Points This item will be on the August 15, 2006 City Council Meeting Agenda for consideration. I have attached the Request for Proposal, scoring sheets and each firm's submittal. BB:kmm Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Ordinances -I' Reading Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2006, AMENDING CODE SECTION 110-334(C)(10) T'O PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ADJACENT TO AND FRONTING SR Al DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 11-2006, amending Code Section 110-334 (c) (10) to prohibit special'exception residential uses on property that is located adjacent to and has frontage along the AIA highway corridor. Summary Explanation & Background: This proposed ordinance will prohibit residential R-2 development within the C-1 zoning districts adjacent to and fronting Al A. I recommend approval at first reading. Exhibits Attached: Ordinance No. 11-2006 City Manager'�ce Department GROWTH MGMT/P&Z ao�Nc ysr�x�m\aIyuvcuur,"c.�ranman\councii\meeTinq\2006\08-15-06\11-2006.doc ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ADJACENT TO AND HAS FRONTAGE ALONG THE AlA HIGHWAY CORRIDOR; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR 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 enacted Ordinance 19-2005 on November 1, 2005 imposing a 90 -day moratorium on accepting applications and issuing special exceptions under section 110- 334(c)(l0) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the AIA Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, the City Council later enacted Ordinance 01-2006 on March 21, 2006 extending the moratorium until September 30, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board conducted a survey of the City's residents, and held public meetings, with regard to what kinds of businesses are desired along the A 1 A Highway corridor and whether residential uses should be permitted by special exception in C-1 zoning districts; and WHEREAS, on July 26, 2006, the City Council, Planning and Zoning Board, and the Business and Cultural Development Board, by consensus, determined that the City should no longer permit residential uses by special exception in the C-1 zoning district along the AIA Highway corridor; and WHEREAS, the City Council hereby finds that reserving the C-1 zoning district for commercial uses along the Al A Highway corridor will promote economic development and attract City of Cape Canaveral Ordinance No. _-2006 Pagel of 3 more viable businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to amend Section 110-334(c)(10) to repeal the residential special exception in the C-1 zoning district for properties adjacent and with frontage along the A 1 A Highway corridor; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 110-334(c)(10), City Code. Section 110-334(c)(10) 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 Section 110-334. It is intended that the text in Section 110- 334 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (10) Single-family dwellings, two-family dwellings, townhouses and or multiple -family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre and such dwellings shall not be permitted on property that is adjacent to and has frontage along the AIA Highway Corridor. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape City of Cape Canaveral Ordinance No. _-2006 Page 2 of 3 Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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. _-2006 Page 3 of—3 Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Ordinances -IS' Reading Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 12-2006, BALLOT QUESTION DELETING THE CHARTER PROVISION THAT PROHIBITS THE CITY FROM BUILDING OR ACQUIRING A FIRE STATION DEPT/DIVISION: PUBLIC SAFETY/FIRE DEPARTMENT Requested Action: City Council consider at first reading Ordinance No. 12-2006, providing for ballot language to amend Article XIV, Fire Department, Section 4, Fire Protection Services, of the City Charter by deleting the provision that prohibits the City from building or acquiring a fire station and adding a charter provision that requires a duly noticed public hearing before the City Council before committing to building or acquiring a fire station. Summary Explanation & Background: If approved at first reading, a Special City Council Meeting must be scheduled prior to 09-01-06 for the final reading of this ordinance to meet the submittal deadline for the General Election. I recommend approval. Exhibits Attached: Ordinance No. 12-2006 City Manager's Office Department PUBLIC SAFETY/FIRE DEPT. C t\kim\ uments\admin\council\meeting\2006\08-15-06\12-2006.doc ORDINANCE NO. /&� -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 7, 2006 GENERAL ELECTION TO AMEND ARTICLE XIV FIRE DEPARTMENT, SECTION 4 FIRE PROTECTION SERVICES OF THE CITY'S CHARTER BY DELETING THE CHARTER PROVISION THAT PROHIBITS BUILDING OR ACQUIRING A FIRE STATION AND ADDING A CHARTER PROVISION THAT REQUIRES A DULY NOTICED PUBLIC HEARING BEFORE THE CITY COUNCIL FORMALLY COMMITS TO BUILDING OR ACQUIRING A FIRE STATION; SETTING FORTH A BALLOT QUESTION FOR INCLUSION ON THE NOVEMBER 7, 2006 GENERAL ELECTION BALLOT; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Article XIV, Section 4 of the City of Cape Canaveral City Charter was adopted during the November election in 1985 and sets forth provisions pertaining to fire protection services; and WHEREAS, the City Council recognizes that the population of the City of Cape Canaveral has grown significantly since 1985; and WHEREAS, the City Council also recognizes that the City's population increase has placed a greater demand on the Cape Canaveral Volunteer Fire Department, Inc. and that said demand may require the City to consider building or acquiring a new fire station sometime in the future in order to provide adequate fire protection.services within the City of Cape Canaveral; and WHEREAS, the City Council hereby finds that it would benefit the citizens of the City of Cape Canaveral to amend Article XIV, Section 4 of the City Charter in order to afford the City Council more flexibility to determine the need to build or acquire a new fire station for purposes of providing an adequate level of fire protection services; 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 7, 2006; 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 City of Cape Canaveral Ordinance No._ -2006 Pagel of 4 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 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 7' day of November, 2006, to determine whether the ballot question appearing in Section 2 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 Iocations as shall otherwise be established for the general election to elect City Councilmembers on November 7, 2006. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. Section 3. Amendment to City Charter Article XIV, Fire Department, Section 4 Fire Protection Services. (a) Proposed Amendment. It is proposed that Article XIV, Fire Department, Section 4., Fire Protections Services, of the Charter of the City of Cape Canaveral, Florida shall be amended to read as follows (underlined text indicates an addition to the existing text of the City Charter and strike out text indicates a deletion from the existing text of the City Charter): ARTICLE XIV. FIRE DEPARTMENT Sec. 4. Fire Protection Services. The council shall pass no ordinance, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, a. to build or acquire a Fire Stafion, r to ,contract for :fire. protection .services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc., without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc., from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. City of Cape Canaveral Ordinance No. -2006 J-4 Page 2 4 Further providing that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department Fir e-Statioirshall be terminated or stayed until brought into compliance with this Section. The council shall not formally commit the City to build or acquire a Fire Station until such time that the council holds a duly noticed public hearing (b) Ballot Question. Concurrent with the City general election scheduled for November 7, 2006, 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 ARTICLE XIV, SECTION 4, FIRE PROTECTION SERVICES This proposed charter amendment is related to building or acquiring a fire station. The charter amendment proposes to delete the charter provision that prohibits the City from building or acquiring a fire station and proposes to add a charter provision that requires a duly noticed public hearing before the city council can formally commit the City to build or acquire a fire station. Yes, For Amending City Charter No, Against Amending City Charter Section 4. 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 7, 2006. 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. Incorporation into City Charter. The proposed charter amendment set forth in section 2 of this Ordinance shall be incorporated into the City Charter only upon approval of a majority of the voters in the November 7, 2006 general election. City of Cape Canaveral Ordinance No._ -2006 Page 3 of 4 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 , 2006. ATTEST: ROCKY RANDELS, Mayor For 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 Voting Results: For Amending Charter: Against Amending Charter: Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. -2006 J-4 Page 4 4 Against Meeting Type: Regular Meeting Date: 08-15-06 AGENDA Heading Discussion Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: LAND DEVELOPMENT FEES DEPT/DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council review and comment on the building official's analysis of the land development fees and provide direction on amending the overall land development fee schedule. Summary Explanation & Background: See attached analysis from the building official. Discussion only. Exhibits Attached: Building official's memo dated 08-08-06 City ManagerAl office Department PUBLIC SAFETY/BUILDING DEPT. ca im\m is\admin\council\meting\2006\08-15-06\fees.doc Memo Date: August 89 2006 To: City Council Through: Bement Boucher, City Manager From Todd Morley, Building Official RE: Fee Evaluation Study Analysis The following analysis is made for the purpose of recommending that the City Council consider revising the zoning fee schedule. The City of Rockledge circulated a study of various zoning fees (attached) in March 2006. Thirteen municipalities were polled. Although the computation methods vary, a statistical standard was used to arrive at average figures for each category. The table below ranks the City of Cape Canaveral with the 12 other Cities polled according to lowest, average and highest fees. Note: C = Cocoa, CB = Cocoa Beach, CC = Cape Canaveral, BC = Brevard County, MV = Melbourne Village, PB = Palm Bay, Rk = Rockledge, TV = T urAev WM = West Melbourne Type of Fee Cape Canaveral Lowest Avera ge Highest Annexation $0 (no fee) $241 (Mb) $557 $722 (Mb) Small Comp Plan Amendment 250 (lowest) 250 (CC) 817 1500(Rk) Large Comp Plan amendment 250 (lowest) 250 (CC) 1151 2500(Rk) Re -zoning 250 (second lowest) 200(CB) 475 846(BC) Special Exception 250 (second lowest) 200(CB) 421 849 (BC) Vacation of Easement 0 (no fee) 125 (PB) 248 396(TV) Vacation of Right of Way 0 (no fee) 75 (WM) 260 418 (TV) Variance 250 (tied for 6 place) 75W 255 598 (BC) Site Plan Review (Commercial) 150 (lowest) 150 (CC) 509 1063 (Rk) Site Plan Review (Non -subdivision Residential) 50 (lowest) 50 (CC) 573 1063 (Rk) Site Plan Review (Subdivision Residential — including platting) 50 (lowest) 50 (CC) 652 1500 (Rk) Zoning Letters 0 (no fee) 20 (C) 29 37.50 (BC) Miscellaneous correspondence 0 (no fee) 0 0 0 Statistical analysis: • In ten of the 13 categories, Cape Canaveral has the lowest or no fee. • In another two categories, Cape Canaveral has the second lowest fee. • Only in one category does Cape Canaveral rank in the average range (variance fee). Interpretation: The City of Cape Canaveral has more "lowest" fees than all of the Brevard municipalities polled. Recommendation: The City of Cape Canaveral should consider raising the zoning fee rates to the highest end of each category, based on analysis of actual costs incurred. For your convenience I have included sample analyses of actual costs incurred for the following categories: • Special Exceptions + Variances • Small scale Comprehensive Plan and Rezoning Amendments • Large scale Comprehensive Plan and Rezoning Amendments C0 c O m w LL m rn a Y 0 0 U N a a c c m M a maci L_ C) 0 0 n0 E "a M� O XO OO O O X 4i 0 LO CO fn 0' fA .�� C.M �� 62,�v* E ---------- E O U O c V N m C 6 S E E a`g ao O' + '0 0 •> ` O O R O go. - 4) 0 d eV- O M U N C O m ink E W, �o,m 64 64 0 O O O R N ti O •R CN to ER ++ t O O CO U') w R CN � V � O O G O p O rr E N � R G) 0 N R R 9 w O U p O pp O o O 0) C5 O _ R �v 04 6NR d ( K fn W --- OL O + — O O + 0 QO N O O r_ o 00 in LO In CN O NOLO O to EA O if3 -- --------- R p N � N O O p V C) p C Ad E o U 6% to m v0. �? E N O O w _ LO ca CL o o o rn Em E di N ` O to c'_ '� n o cnU 61)-m �E 8 c O R X d c c a R R R c V U m R O O 'a m R U m U U c a a 0> 0 0 0 0 c > ai m U V U U U= �a 3•> c a d R Cl O O o O O o 64 O L6 o y.R ,,� ���M a� L= m N� ui O Ur d L ��cC14o 64 64 64 64 64 64 0 U 643,613, R N co R N C) N LDC.)+ O U m = U + c`� o N to 3 <`a ca 0OoO o m 1 ooh a rioL6o aQ 0 �, d T-CNO� oma- > LO0 c NCO fn E , di 64 64 64 COO 64 O e~ -M U 64 64 m N m Cl a oo v 0 -- �� - -- C) 0 C> �ti o 0 o O Li O U 66R r- 6% o M N LL O C14 Ri. 64 6" 9m 6M4 Z O o 0 0 -- o Lo t- C"> � 6% V R � O p O OO O O C 00 0LO ,^ �'j d m E 64 R d V VJ R R � W NO - o - ---- -- O O O + N O O CO d4 O 61) b o W nw 0 .- O O O O .a a coin) I+ Lo (6 U CO L o O N O e C O 64 M O ., 0 0 6* C N 9 O 0 00 r �C 4 t� N 'O X6+4 61 V11-- eq N N N = 0 0 o O R o CL C o m o �o 0 E r CV r 64 6:! 0 64 64 643 J � o o $ o 0 a rn a E 64 r o 0 64 0 64 E 64 i-- 64 �0i C:) a� CD A- k m 0O 00 oo c M N Ntp Mo `i' 0-O Q � 6 ++ X 2 7 0 d E` T .0 R Z d og AGR. d d 2 0 0 ca�0c2 0 0 _3 a R 3 a:,3 0 � U UH m F0 -->3 0 y Zoning fee analysis - Special Exceptions and Variances An Example Application fee $250.00 City expenditures <$1,427.03> Net loss $1,177.03 Note: P&Z meetings often have more than one paying applicant on the agenda which represents an economy of scale, however a meeting can be held with only one paying applicant. This is the case in the following example. BOA meetings are held as needed and frequently are scheduled for one paying applicant. Costs associated with processing a request for special exceptions and variances Item Review packet with applicant. Administrative Asst. time .25 hrs. @ $18 Receive initial submittal and review for accuracy Administrative Asst. time .25 hrs. @ $18 City Planner processes and distributes to staff for review City Planner time .5 hrs @ $95 City Planner receives staff comments and forwards to applicant City Planner time .5 hrs @ $95 Note: frequently another round of the above process is required. Receive submittal #2 and review for accuracy City Planner time .5 hrs @ $95 City Planner processes and distributes to staff for review City Planner time .5 hrs @ $95 City Planner receives staff comments and forwards to applicant City Planner time .5 hrs @ $95 Note: #3 submittals are usually in good shape by this time and ready to go Cost $4.50 $4.50 $47.50 $47.50 $47.50 $47.50 $47.50 City Planner provides mailing list and labels to City Clerk, verifies legal descriptions City Planner time .25 hrs @ $95 $23.75 City Clerk creates legal notification for mail -outs Asst. City Clerk time .5 @ $18 $9.00 Legal notification reviewed by City Planner, Bldg. Official and Admin. Asst. Administrative Asst. time .25 hrs. @ $18 $4.50 City Clerk processes certified mail -outs Asst. City Clerk time 2.5 @ $18 $45.00 Prepare P&Z agenda Administrative Asst. time 1 hr. @ $18 $18.00 Various materials (paper, toner, clips, labels, mailing envelopes, postage) $10.00 Notify Petitioner of P&Z meeting via Certified Mail $4.64 P&Z meeting Administrative Asst. time 2 hr. O.T. @ $27 $54.00 City Planner time 2 hrs @ $95 $190.00 City Attorney time 2 hrs. @ $125 $250.00 Create P&Z minutes Administrative Asst. time .5 hr. @ $18 $9.00 Verify quorum and schedule BOA meeting Administrative Asst. time .5 hr. @ $18 $9.00 Prepare memo and legal advertisement for newspaper Administrative Asst. time .25 hr. @ $18 $4.50 Prepare BOA agenda and packets Administrative Asst. time 1 hr. @ $18 $18.00 Various materials (paper, toner, clips, labels, mailing envelopes, postage) $10.00 BOA meeting Administrative Asst. time 2 hr. O.T. @ $27 $54.00 City Planner time 2 hrs @ $95 $190.00 City Attorney time 2 hrs. @ $125 $250.00 Create Board Order, make copies, process certified mailings Administrative Asst. time .5 hr. @ $18 $9.00 Various materials; Send Board Order to Petioner via Certifed Mail $4.64 Create BOA minutes Administrative Asst. time .5 hr. @ $18 $9.00 Archive documents (digital archiving and bundled for offsite storage) Administrative Asst. time .25 hr. @ $18 $4.50 Total $1,427.03 Zoninsal fee analysis - Small Scale Comp Plan & Rezoning Amendments MFIEW Application fee $250.00 City expenditures <$4165.75> Net loss $3,915.75 Note: P&Z meetings often have more than one paying applicant on the agenda which represents an economy of scale, however a meeting can be held with only one paying applicant. This is the case in the following example. Costs associated with processing a request for Small Scale Comp Plan & Rezoning Amendme item Fill out & Review packet with applicant; Prepare A Process Appropriate Write Up City Planner time 12 hrs. @ $95 Meeting (Teleconference) with DCA City Planner time 1 hr. @ $95 City Planner processes and distributes to staff for review City Planner time .5 hrs @ $95 City Planner receives staff comments and forwards to applicant City Planner time .5 hrs C $95 Note: frequently another round of the above process is required. Receive submittal #2 and review for accuracy City Planner time .5 hrs @ $95 City Planner processes and distributes to staff for review City Planner time .5 hrs @ $95 Cos $1,140.00 $95.00 $47.50 $47.50 $47.50 $47.50 City Planner receives staff approvals and requests that the City Attorney draft the ordinances City Planner time .5 hrs @ $95 $47.50 City Attorney Creates Ordinances City Attorney time 2 hrs. C $125 $250.00 City Planner provides info. for Legal Display Ad to City Clerk, vermes legal descriptions & zoning rr City Planner time 1 hr C $95 $95.00 City Clerk creates legal display ad Asst. City Clerk time 1 hr. C $18 $18.00 Legal notification reviewed by City Planner, Bldg. Official and Admin. Asst. Administrative Asst. time .25 hrs. C $18 $4.50 City Clerk Places Legal Display Ad in Newspaper for P&Z meeting Asst. City Clerk time .25 @ $18 $4.50 Prepare & Process P&Z Agenda Packet Administrative Asst. time 1 hr. C $18 $18.00 Various materials (paper, toner, clips, labels, mailing envelopes, postage) $10.00 City Planner time .25 hr C $95 $23.75 Attendance at P&Z Meeting Administrative Asst. time 2 hrs. O.T. C $27 $54.00 City Planner time 2 hrs @ $95 $190.00 City Attorney time 2 hrs. @ $125 $250.00 Create P & Z Minutes Administrative Asst. time .5 hr 0, 18 $9.00 Prepare Recommendation Report; forward to City Clerk & City Manager to Schedule Request for City Council Meetings Administrative Assistant time .5 hr @ 18 $9.00 City Clerk Places Legal Display Ad in Newspaper for 1st reading at City Council Asst. City Clerk time .5 hr (moi $18 $9.00 1st City Council Meeting for Adoption City Planner time 2 hrs $95 $190.00 City Attomey time 2 hrs $125 $250.00 City Clerk Places Legal Display Ad in Newspaper for 2nd reading at City Council Asst. City Clerk time .5 hr @ $18 $9.00 2nd City Council Meeting for Adoption City Planner time 2 hrs $95 $190.00 City Attomey time 2 hrs $125 $250.00 Process & Send Request to DCA with Amended Maps and Follow Up City Planner time 9 hrs. @ $95 $855.00 Archive Documents (Digital Archiving and Bundled for off-site storage) Administrative Asst. time .25 hr @ $18 $4.50 Total Expenditures $4,165.75 Zoning fee analysis - Large Scale Comp Plan & Rezoning Amendments JM ExaIIII0U Application fee $250.00 City expenditures <$5.590.75> Net loss $5,340.75 Note: P&Z meetings often have more than one paying applicant on the agenda which represents an economy of scale, however a meeting can be held with only one paying applicant. This is the case in the following example. Costs associated with processing a request for Large Scale Comp Plan & Rezoning Amendme Item Fill out & Review packet with applicant; Prepare & Process Appropriate Write Up City Planner time 12 hrs. @ $95 Meeting (Teleconference) with DCA City Planner time 1 hr. Q $95 City Planner processes and distributes to staff for review City Planner time .5 hrs a $95 City Planner receives staff comments and forwards to applicant City Planner time .5 hrs @ $95 Note: frequently another round of the above process is required.• Receive submittal #2 and review for accuracy City Planner time .5 hrs @ $95 City Planner processes and distributes to staff for review City Planner time .5 hrs C $95 Cost $1,140.00 $95.00 $47.50 $47.50 $47.50 $47.50 City Planner receives staff approvals and requests that the City Attorney draft the ordinances City Planner time .5 hrs @ $95 $47.50 City Attorney Creates Ordinances City Attorney time 2 hrs. @ $125 $250.00 City Planner provides info. for Legal Display Ad to City Clerk, verifies legal descriptions & zoning ff City Planner time 1 hr @ $95 $95.00 City Clerk creates legal display ad Asst. City Clerk time 1 hr. @ $18 $18.00 Legal notification reviewed by City Planner, Bldg. Official and Admin. Asst. Administrative Asst. time .25 hrs. @ $18 $4.50 City Clerk Places Legal Display Ad in Newspaper for P&Z meeting Asst. City Clerk time .25 @ $18 $4.50 Prepare & Process P8Z Agenda Packet Administrative Asst. time 1 hr. @ $18 $18.00 Various materials (paper, toner, clips, labels, mailing envelopes, postage) $10.00 City Planner time .25 hr @ $95 $23.75 Attendance at P8Z Meeting Administrative Asst. time 2 hrs. O.T. C $27 $54.00 City Planner time 2 hrs $95 $190.00 City Attorney time 2 hrs. (8,1$125 $250.00 Create P A Z Minutes Administrative Asst. time .5 hr @ 18 $9.00 Prepare Recommendation Report; forward to City Clerk & City Manager to Schedule Request for City Council Meetings Administrative Assistant time .5 hr C 18 $9.00 City Clerk Places Legal Display Ad in Newspaper for 1st reading at City Council Asst. City Clerk time .5 hr @ $18 $9.00 1st City Council Meeting for Adoption City Planner time 2 hrs @ $95 $190.00 City Attorney time 2 hrs @ $125 $250.00 City Clerk Places Legal Display Ad in Newspaper for 2nd reading at City Council Asst. City Clerk time .5 hr @ $18 $9.00 2nd City Council Meeting for Adoption City Planner time 2 hrs C $95 $190.00 City Attorney time 2 hrs c@ $125 $250.00 Process & Send Request to DCA with Amended Maps and Follow Up City Planner time 24 hrs. Q $95 $2,280.00 Archive Documents (Digital Archiving and Bundled for off-site storage) Administrative Asst. time .25 hr c@ $18 $4.50 Total Expenditures $5,590.75