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Packet 03-07-2006 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY March 7, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Marine Resources Council CONSENT AGENDA: City Council Regular Meeting Minutes of February 21, 2006. 2. Renewal of Turf Area Fertilization, Insect, Disease and Weed Control Services with Black's Spray Service, in the Amount of $14,760. 3. Renewal of the Landscaping and Mowing Contract with Nick's Lawn Service, Inc. in the Amount of $149,100. 4. Emergency Repair of the Wastewater Plant Generator Transfer Switch. 5. Outdoor Entertainment Permit for Community Celebration at Manatee Sanctuary Park. CONSIDERATIONS: 6. Motion to Approve: First Amendment to the Solid Waste Agreement with Waste Management. 7. Motion to Approve: Engineering Consulting Services from Brown and Caldwell for Florida Department of Environmental Protection Operating Permit Renewal in the Amount of $24,830. 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 Ronald Wallen W3 Development 265 Stewart Drive Merritt Island, FL 32952 RE: Preliminary Re -plat for Villagio Del Mar Washington Avenue — Ronald Wallen, Applicant. Dear Mr. Wallen: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary.Re-plat at their meeting held on March 7, 2006. • Based. on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Villagio Del Mar, Washington Avenue (Avon by the Sea Subdivision). In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk 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 Ronald Wallen W3 Development 265 Stewart Drive Merritt Island, FL 32952 RE: Preliminary Re -plat for Villagio Del Mar Washington Avenue — Ronald Wallen, Applicant. Dear Mr. Wallen: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary'Re-plat at their meeting held on March 7, 2006. • Based. on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Villagio Del Mar, Washington Avenue (Avon by the Sea Subdivision). In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk 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 March 7, 2006 Page 2 of 3 8. Motion to Approve: North Atlantic Avenue Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the amount of $94,314.40. 9. Motion to Approve: Ranking for RFP No. 06-01 for Continuing Concrete Construction Services. 10. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. SITE PLANS: 11. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. ORDINANCES: First Reading: 12. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110, Zoning, Clarifying the Building Official's Duties; Clarifying the General Requirements for Building Permit; Amending Building Permit Application Requirements, at First Reading. RESOLUTIONS: 13. Motion to Approve: Resolution No. 2006-07; Supporting Adoption of an Ordinance by the Board of County Commissioners of Brevard County Levying a One Percent Discretionary Infrastructure Sales surtax for Five Years Subject to Voter Approval in a November 7, 2006 Referendum. 14. Motion to Approve: Resolution No. 2006-08; Preliminary Replat Villagio Del Mar — Block 6, Lots 1 & 2, Avon by the Sea, (Washington Avenue) — Ronald Wallen, Applicant. 15. Motion to Approve: Resolution No. 2006-09; Supporting House Bill 313 — Clean Ocean Act. DISCUSSION: 16. Consideration of an Offer to Sell the City Lot 3 (Harbor Heights West Subdivision). City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 3of3 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Jan 12 06 01:42p Marine Resources Council 321-725-3554 p.l � 1 3775 DIXIE HWY. NE, PALM BAY, FL 32905 VOICE j321) TLS•/%%S EMAIL: council4mrcirl.orf7 11 Marine Resources Council FAX 13711725-3554 WEBSIT ,. miclrl,org u/'l:�rsl h'luridu January 12, 2006 Mr. Bennett Roucher 105 Polk Ave. Cape Canaveral, FL 32920 Dear Mr. Boucher: Would it be possible to be added to the agenda for the City Council mecting on March 7th l would need only 3 - 5 minutes to present the Invasive Management .Plan for the Indian River Lawoon National Scenic Byway. The presentation would discuss a little about invasive plant species, give an overview of the management plan's contents and make the council aware of the availability of this document and services available through it_ A copy of the document will be provided to you for free aS part of the grant award to complete it_ Please feel free to contact me with any questions. Thank you. Sincerely, Beth McMillen Assistant Director CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 21, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Members Absent: Council Member Jim Morgan Council Member Leo Nicholas 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 Mr. Petsos expressed concern discussing Items No. 8, 9 10 and 12 without a full Council present. Mayor Pro Tem Hoog replied that he was open to hear discussion from the people involved and stated that the decision to be heard would be left up to the applicants. Mayor Randels stated that he would like to hear the items; however, discussion was up to the applicants. Attorney Garganese stated that Items 8 and 9 needed three votes of a full City Council to take action. A vote of 2-1 would fail. He explained that under the City Charter three affirming votes were needed. Mayor Randels stated that the next City Council meeting is scheduled for March 7th. Mr. Johanson, Jr. asked for a few moments to discuss this matter with his partners. Mayor Randels suggested hearing Discussion Item No. 12 at this time. Mayor Pro Tem Hoog requested to continue the meeting with the Consent Agenda prior to addressing Item No. 12. City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 2 of 10 PRESENTATION: Certificate of Completion of the Institute for Elected Municipal Officials to Mayor Rocky Randels CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 7, 2006. 2. Outdoor Permit for the Walk for Bibles, Sponsored by the Brevard Baptist Association. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 12. Consideration of an Offer to sell the City Lot 3 (Harbor Heights West Subdivision), by John Johanson representing Triple J investments, LLC. Mr. Boucher stated that the Council received a letter from Triple J, LLC to sell the property to the City in an amount of $340,000. The Board of Adjustment decided to postpone their decision on the Special Exception upon the applicant selling the property to the City. The Planning and Zoning Board would hear the request at a meeting on March 13, 2005. Council discussed the difference between the asking price and an appraisal figure. Mr. Boucher replied that he would recheck the pricing. He asked the City Attorney if he needed to obtain an appraisal on the subject property since a comparative analysis was already obtained during research for a nearby property. Attorney Garganese stated that the comparative analysis appeared to provide sufficient information for the City Council to proceed. Mr. Petsos requested to have the Recreation Director provide opinion on the property. Mayor Pro Tem Hoog expressed that the City appeared to be seeking a property purchase to pacify a disagreement between residents and the property owner. He restated his view that Special Exceptions pose an overall problem for the City. He asked the City Attorney if this could set a precedent. Attorney Garganese replied that in some aspects this could set a precedent; however, the property owner is entitled to develop within the C-1 zoning. He City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 3 of 10 stated that this would be a discretionary action for the Council. This action would not be uncommon for a municipality. Attorney Garganese replied that purchasing the property for a public purpose is legally defensible. He stated that additional factors are laid out within the Triple J letter that included subsequent costs to the property owners. Mayor Pro Tem Hoog questioned the City buying the property in excess of the appraisal. Attorney Garganese replied that in this case the property owner made certain expenditures to develop the property and it was not unreasonable on either party's part to ask for the additional cost or to pay those costs. Attorney Garganese explained that the option to purchase came about due to the newly enacted legislative requirements. Mr. Petsos expressed this as an opportunity to purchase property that the Council desired to buy in that section of the City for many years. Mayor Pro Tem Hoog pointed out that the purchase was not initially to buy a park, but to settle a dispute. He questioned the source of funding. Mr. Boucher informed that a loan, impact fees or public grants could be secured to make the purchase. The asking price was well above the appraisal. Mr. Johanson, Jr. stated that the closing date on the letter was extended for an additional week. Mayor Randels explained that there is a piece of property on which the developer chose to build town homes in C-1 zoning. He stated that the nearby residents do not desire town homes or commercial zoning. Mr. Boucher replied that no action could be taken until the following City Council meeting. Mayor Randels stated that the Council would need to obtain a fair appraisal. He stated further that the Council had desired to purchase land for parks; however, the City needed to establish the usefulness of a park in the area. Mr. Lamar Russell, 376 Harbor Drive, stated that Special Exceptions were the source of the problem. He stated further that eliminating Special Exceptions in R-1 and C-1 zoning would avoid future problems. Mr. Russell stated that the Council's job was to solve problems for the public welfare. He expressed that the public welfare was better served by omitting commercial and multi -family property in the midst of residential zoning. He requested that the Council explore the options and expend money in the interest of public welfare. Ms. Judy Lau, 211 Coral Drive, stated that she performed research through the County Clerk of Court's records and found out that since 1989 there was contentious litigation between the former property owner and the City. The former owner was told according to Brevard County Case No. 96 -2429 -CA -F that the property was turned over to the City for a swimming pool. The plaintiff attempted to gain a release of the City's claim in order to re - plat his property. One of the Plaintiff's counts was for Inverse Condemnation action. The Motion for Summary Judgment stated that the Plaintiff knew that his legal rights were invaded. The plaintiff was never able to build a house on Lot 1. The property ultimately went to foreclosure and the plaintiff subsequently paid the City for Attorney's costs. Ms. Lau requested that the Council purchase the lot to make it conforming use for the neighborhood and to compensate the gentleman for his time and money. The subject property has been before the Council since 1989 over the denial of a use for the property City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 4 of 10 as R-1 zoning. Mayor Randels asked how the Council would determine a fair price. Ms. Lau replied that the City should take a number between the sale and the asking price. Mayor Pro Tem Hoog pointed out that the property was purchased for $260,000 and the asking price is $340,000 leaving the City to pay the difference. He also pointed out that the property is zoned commercial and special exceptions allow for multi -family in residential areas. Ms. Lau stated that she did not think it a fair comparison between an R-1 neighborhood and the growth of new multi -family dwellings. She stated that the Special Exception would change the face of a low-density, residential neighborhood. She expressed the need for a correction to the mistakes and lax practices from previous actions. Mr. Petsos requested to have staff pursue the property purchase. Ms. Shannon Roberts, 703 Solana Shores Drive, requested to seek strategic planning in the investment of recreational space. She stated her uncertainty in purchasing park property in that area and said that the City needed to fully explore a park acquisition. Mayor Randels replied that Council would direct staff to gain input prior to a purchase. Mr. Joe Ross, a former City resident and co-owner of 227 Harbor Drive stated that the Council appeared to be seeking a win-win. He read from research in the City code of what C-1 zoning was defined to accomplish. He stated for some reason the City has zoned this property commercial. The property was given a Special Exception from C-1 to R-2 zoning. Mr. Ross expressed that the property purchase would be a gain for the City and the residents. Mayor Randels pointed out that the nearby residents appeared amenable to building a single-family residence. Ms. Marie Sivickis stated that minimal property existed in the City for additional growth. She used a family based analogy and concluded Special Exceptions were based on what is right for that moment. She noted that keeping the public's best interest in mind was better served for the people. Mayor Pro Tem Hoog replied that the Council has no control over the City's growth. Growth issues are problems addressed with recommendation from the Planning and Zoning Board and the Board of Adjustment. Mr. John Johansen stated that the owners would come before the Planning and Zoning Board on March 13tH Mr. Boucher outlined that the Recreation Director evaluate the site in order to avoid the problem of a park in the middle of a residential neighborhood. Public input was needed. He would also gain an appraisal. Mayor Randels concluded that the City Manager would seek to gain an appraisal prior to the City Council meeting on March 7tH 8. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Town homes, Sea Shell Lane, Harbor Heights. Mayor Randels explained that this item was tabled from the City Council meeting on February 7th at the applicant's request. The applicant stated that he was exempt from the tree ordinance. He stated that an applicant must have City Council approval to remove a specimen tree over 24 inches in diameter breast height. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 5 of 10 reviewed the timeline as follows: February 1, 2005 a 60 -day moratorium was passed on land clearing permits in order to develop the tree ordinance, tree ordinance was passed on April 19, 2005, and the property was closed on March 29, 2005. Mr. James Morgan, Jr. noted the specimen tree location on the Site Plan. Mayor Randels read from Section 102-43 in the City Code that outlines the requirements for specimen tree removal. Mr. Morgan, Jr. stated that the 48 -inch tree was dead center on the lot and relocating the trees was questionable. He pointed out that the need for an arborist was irrelevant since the trees could not reasonably be moved. Mr. Morgan, Jr. informed that the City code did not require an arborist. He related that he was amenable to mitigation. Mr. Boucher replied that the City Attorney's opinion found that he would need to mitigate at 28 new trees or to place $8,000 into the tree bank. Mr. Morgan, Jr. stated the firm has followed all of the City's requirements for Special Exception and Site Plans and has also lowered the project's density to accommodate the neighborhood. The two specimen trees appeared to create the problem; however, he was amenable to mitigation. Mr. Petsos asked the City Attorney what constitutes a hardship. Attorney Garganese replied that a hardship is a standard that the Council would establish on a case-by-case basis. Attorney Garganese stated that the intent of the standard was to allow the Council to make a determination to avoid a taking and the entire lot would be taken into consideration to make a decision on mitigation. Mr. Morgan, Jr. expressed that an economic hardship was created in lowering the number of units developed. Discussion ensued on shifting the construction in order to save one of the two specimen trees. Attorney Garganese explained that the Council had the option to explore the most feasible option within the tree ordinance. Mayor Randels summarized that in January the City Council issued a moratorium in order to address the concerns and to provide provision for land clearing. Any person who had a formal application submitted 60 -days prior to the moratorium was exempt. He stated there was enough public knowledge prior to passing the ordinance. The City Attorney provided a verbal opinion and stated that the applicant is subject to the tree ordinance. Mayor Randels stated that he did not see a hardship. Mr. Morgan, Jr. stated he sought due process and expended much for the project. He stated that this is the optimal way to develop the property. Mr. Morgan, Jr. stated that all requirements were met aside from obtaining an arborist. He restated that he was amenable to mitigating for the specimen trees. Mayor Pro Tem Hoog stated Mr. Morgan, Jr. followed the Code requirements and the Council's position was to uphold the ordinances. Mr. Petsos replied that he did not see any extraordinary circumstances or hardships. He could not approve the project without input from an arborist. Mayor Pro Tem Hoog suggested that Mr. Morgan, Jr. get expert advice from an arborist. Mayor Randels replied to Mr. Ross that the intent of the ordinance was to save any possible trees. Mayor Pro Tem Hoog replied to Ms. Lau that the City could not deny a City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 6 of 10 developer the right to build on a purchased property. Attorney Garganese stated that the ordinance reads that a specimen tree could be removed if an applicant presents a case and submits evidence to justify removal. Council requested an arborist and the knowledge of what trees the developer plans to provide during mitigation. Attorney Garganese recommended that the developer use the flexibility within the ordinance to gain approval for the specimen tree removal. SITE PLANS: 9. Motion to Approve: Sea Shell Cay Town homes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. This item will be addressed at the next Regular City Council Meeting. CONSIDERATIONS: 3. Motion to Approve: Two -Year Agreement with Brevard County for Lifeguard Services. Mayor Randels stated that the County has noted that in 2007 the City will pay half the cost of the services agreement. Mr. Petsos requested a cost breakdown for 2007. Ms. Shannon Roberts expressed the need for a line item breakdown of expenses. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve a Two -Year Agreement with Brevard County for Lifeguard Services. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 4. Motion to Approve: Cooperative Purchase of Sanitary Sewer and Manhole Lining in the Amount of $100,433. Mayor Randels explained that the City would seek a cooperative purchase with the City of North Miami Beach for this project. This project would address the sewer drain systems and every year $125,000 is budgeted to maintain the lines. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Cooperative Purchase of Sanitary Sewer and Manhole Lining in the Amount of $100,433. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending December 31, 2005. The City Treasurer stated that the City is still two percent above collections. She informed the City is charged by the hour for criminal prosecution and Fines and Forfeitures are still City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 7 of 10 lagging; however, she has not yet heard from the County Finance office. Mayor Randels noted that funds were transferred between accounts in the Sewer Enterprise Fund in order to maintain plant operations. Mr. Petsos pointed out that the Sheriffs Office is seeking personnel for the 24-hour, 7 -day a week desk operation. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Quarterly Treasurer's Report and Budget Transfers for the Period Ending December 31, 2005. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 6. Motion to Approve: Authorization to Negotiate the Purchase of the Building Located at 8680 N. Atlantic Ave., for a Police Station, Based Upon City Council Making an Offer. Mayor Randels described the need for this facility to accommodate the Cape Canaveral precinct. Mr. Petsos expressed two concerns: 1) renovation costs and, 2) the affect to the surrounding property owners. Mayor Pro Tem Hoog concurred with the second concern. Council discussion concluded to proceed to make an offer based on an appraisal report. Ms. Joy Gilliland, stated that she and Mr. John Pekar, City Planner, would negotiate with Mr. Boucher. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Authorization to Negotiate the Purchase of the Building Located at 8680 N. Atlantic Avenue for a Police Station, Based Upon City Council Making an Offer. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Proposal from Green Blades of Central Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood Ave. Streetscape Project in the Amount of $9,735. Mr. Gardulski reviewed the costs and the timeline for public input. Mr. Petsos requested to seek residents input prior to proceeding to Public Meetings. Mr. Gardulski stated that $25,000 was budgeted for the project. Mr. Brad Smith, of Greenblades, stated that items reimbursed included the cost of copying the storyboards. Mr. Petsos restated the need for citizen input. Mr. Smith replied that the firm desired to gain citizen input in order to build consensus. City Council agreed on the total fixed amount of $32,700. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Approve the Proposal from Green Blades of Central Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood Avenue Streetscape Project in the Full Amount Not to Exceed $32,700. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 8 of 10 SITE PLANS: 10. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. Mr. Todd Morley, Building Official, reviewed a memo addressing some of his concerns. Mr. Morley stated that the Site Plan before the Council addressed those concerns. He noted that the applicant would correct a problem of subdividing the property though a Unity of Title Agreement. The installation of two concrete barrier walls would ensure that the aggregate would not come within 25 -feet of the setback line. Mr. Morley stated that the Site Plan was modified since the Planning and Zoning Board review. Mr. Boucher stated that Mr. Randy May was willing to draft a Development Agreement; however, staff wanted to address the Council's concerns. Mayor Randels asked about aggregate storage east of Marlin Drive. Mr. Morley clarified that storage is located to the west and south of the conveyor. Mr. Petsos stated that concerns existed from the Florida Department of Environmental Protection (FL DEP) and St. John's River Water Management. Mr. Boucher replied that Mr. May had discussion with the FL DEP. Attorney Garganese replied to Mayor Randels that the Development Agreement would coincide with the land. He advised to approve the Development Agreement concurrently with the site plan. Discussion concluded that the vehicle transport was heavy. Mayor Pro Tem Hoog asked if the aggregate is wet when it leaves the ship and when it traverses the conveyor belt. Mr. May replied that it is damp during transport and made wet on location. Mr. May noted that a plan for a barrier was in the development stage. He informed that garages were proposed for the western portion with a barrier to extend up to 20 -feet high on the industrial side. The Chair stated to let the record show a unanimous decision to continue discussion for 15 minutes past 10:00 P.M. DISCUSSION: 11. Proposed Countywide Sexual Predator Ordinance. Mayor Randels related that this item was submitted from the County Sheriffs Office. The intent was for municipalities to review the County's ordinance and provide input for uniform standards from one city to another. Mayor Pro Tem Hoog and Mr. Petsos agreed. Mr. Petsos also requested that businesses in the service industry also screen their applicants. CONSIDERATION: Add -On Item: 13. Motion to Approve: Emergency Medical Services Agreement with Brevard County. A motion was made by Mr. Petsos and seconded by Mayor Randels for Consideration of an Add -On Item to Approve the Emergency Medical Services City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 9 of 10 Agreement with Brevard County. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. Mr. Boucher explained that each City receives a portion of the Emergency Medical Services share and this year the City would receive $2,000. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Emergency Medical Services Agreement with Brevard County. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher informed that the Planning and Zoning Board would consider the C-1 to R-2 Moratorium extension for six months. He said that the Council would address this issue at the March 7th meeting. He would schedule another town meeting in mid-March. • Mr. Boucher announced the Sea Oats planting on Saturday, February 25th Cherie Down Park at 9 A.M. Refreshments will be served. • Mr. Boucher announced the Professional Arts Show on February 24th and 25th at the Cape Canaveral Library. • Mr. Boucher reported that the County Commission has authorized their staff to convert the tax assessment to a portion of the ad valorem tax rate for each residential property owner toward Emergency services. 2. Staff Public Works Director • Mr. Gardulski reported on a planned timeline for the Ridgewood Avenue Project. Building Official No report. City Clerk No report. City Attorney No report. AUDIENCE TO BE HEARD: • Ms. Shannon Roberts asked if the City received a reply from the Port on its letter. Mr. Boucher replied that Mayor Randels would respond to the inquiry subsequent to the meeting. City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 10 of 10 • Mr. Bill Hansen asked about the Magma Trade building. The City Attorney replied that there is a pending Code Enforcement action against the building. 3. City Council No reports were forthcoming. ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF TURF AREA FERTILIZATION, INSECT, DISEASE AND WEED CONTROL SERVICES DEPT/DIVISION: PUBLIC WORKSBEAUTIFICATION Requested Action: City Council consider the annual renewal of turf area fertilization, insect, disease and weed control with Black's Spray Service in the amount of $14,760.00 as recommended by the public works director. Summary Explanation & Background: This is a budgeted item; last year's cost was $13,395.00. See attached memo. I recommend approval. Exhibits Attached: Public works director's memo dated 02-15-06 City Mana •' Office Department PUBLIC WORKSBEAUTIFICATION e-nt\kim\mydocu ents\a council\meeting\2006\03-07-06\blacks.doc MEMORANDUM TO: Bennett C. Boucher City Manager ,a FROM: Ed Gardulski Public Works Director DATE: February 15, 2006 SUBJECT: City Council Agenda Item for March 7, 2006 Black Spray Service's 4th year renewal Fertilization, Insect, Disease, and Weed Control of Turf Areas In 2003 two (2) bids for the Fertilization, Insect, Disease, and Weed Control of Turf Areas, Bid #03-01 were received; Black's Spray Service in the amount of $12,030 and TrueGreen Chemlawn in the amount of $14,358. A third bidder, Massey did not meet the required bid date. The Public Works Director and City Clerk reviewed the bids. More so, staff had conversations with all of the vendors that had concerns. The scope of this bid is to provide fertilization, insect, disease and weed control of turf areas with the City of Cape Canaveral. This bid is an annual contract, not to exceed five (5) years. The lowest bidder, Black's Spray Service, has serviced the City of Cape Canaveral for over three years, hence has a strong knowledge of the scope of work. The work performance of this firm is excellent. Black's Spray Service, Inc., meets the bid requirements. City Council awarded the bid contract on April 15th 2003. The second year, Black's Spray Service agreed to continue the service at the original bid amount of $12,030. In addition, the City approved a change order in the amount of $1,365 for the new AIA landscaping areas. The total adjusted second year contract in the amount of $13,395 was approved by City Council April & 2004. The total third year contract in the amount of $13,395 was approved April 19'', 2005. Black's Spray Services, Inc., has requested an increase this year and propose the annual cost to the City in the amount of $14,760. Staff reviewed the request and finds the $1,365 increase justifiable. This is the first rate increased requested by Black's Spray Service. Recommend approving the forth year contract to Black's Spray Service in the amount of $14,760 with an effective date of April 151h 2006. Attachments CC: File BLACK'S SPRAY SERVICE, INC. Serving Brevard County Since 1952 321-452-4911 3625 N. Courtenay Pkwy. Fax 321-452-0570 Lawn Care and Merritt Island, FL 32953 Pest Control February 15, 2006 Mrs. Kay McKee Public Works Supervisor City of Cape canaveral 600 Tower Blvd. Cape Canaveral, FL 32920 Dear Kay, Our files indicate that the original bid for turf, trees and ornamentals was $ 12,030 for the year. The additional purchase order for the beds on AlA was for $ 1,365 for 6 months. These two added together total $ 13,395. On an annual basis the total would be $ $ 14,760. As I told you yesterday prices have really increased for fertilizer since 2003. Other costs have increased as well. An offset to this is that the beds on AlA have decreased. I propose that we use the $ 14,760 annual or $ 7,380 semi-annual number but allow us to adjust some of the the individual service cost and still stay within these budget numbers. I hope you agree. Sincerely, Terry Kenn Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Consent Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF THE LANDSCAPING AND MOWING CONTRACT DEPT./DIVISION: PUBLIC WORKSBEAUTIFICATION Requested Action: City Council consider the annual renewal of the Landscaping and Mowing Contract, to Nick's Lawn Service, Inc., in the amount of $149,100 as recommended by the public works director. Summary Explanation & Background: This is a budgeted item, and the contract is subject to an annual renewal with no term limit. See attached memo. I recommend approval. Exhibits Attached: Public works director's memo of 02-15-06 City Mana •' ffice Department PUBLIC WORKSBEAUTIFICATION capelqitkim\myd c errfs\ in\council\meetin4\2006\03-07-05\nicks doc MEMORANDUM TO: Bennett C. Boucher City Manager W" FROM: Ed Gardulski, � Public Works Director DATE: February 15, 2006 SUBJECT: City Council Agenda Item for March 7th, 2006 Nick's Landscaping and Mowing Contract Price Increase In the year 1999, Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City rights-of-way and the Treatment Facility. As the result, the City received three (3) bids and Nick's Lawn Services was the low bidder. This original bid award was an annual contract that was renewable yearly for five years. City Council awarded Bid 2000-01 to Nick's Lawn Service on March 7, 2000. On March 6, 2001, March 19, 2002, March 2003 and March 2004, City Council renewed Nick's Lawn Service for a second, third, fourth and fifth year. Although Nick's Lawn Service had acquired additional expenses and cost increases throughout the years, Nick agreed to absorb cost increases and honor the original bid line item prices for the past five years. At the end of the five-year Contract period, Staff advertised for bids for an Annual Landscaping and Mowing Contract on February 5th, 2005. The City of Cape Canaveral received nine (9) requests for Bid Documents. On February 15th at 1:30, a pre-bid meeting was held at the City Hall Annex. Bids were accepted at the City of Cape Canaveral's City Clerk's Office until 3:00 P.M. Monday February 2e, 2005. The Public Bid Opening was held at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, at 3:15, Monday, February 2e 2005. The City received two bid packages. Nick's Lawn Service was the low bidder in the amount of $143,365. Bid 05-02 is an open-ended contract. City Council awarded the Bid 05-02 March 15, 2005 Nick's Lawn Service work has been satisfactory and responsive to the City of Cape Canaveral's needs. This year Nick's Lawn Service has requested a 4% price increase of $5,735. This is the first price increase Nick's has requested. Staff reviewed the request and find the price increased justifiable. The award of the bid is a unit price contract based upon work satisfactorily performed within the bid areas and payment will be through the appropriate funds (i.e. Enterprise Fund - $13,322, Stormwater Fund - $1,768 and Beautification Fund $134,009). The Total Contract price is in the amount of $149,100 and will be prorated per budget year. Recommend the Annual Landscape and Mowing Contract price increase request from Nick's Lawn Service, Inc., with an effective date of March 15th 2006. Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Consent [tem 4 No. See attached report from the public works director. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: EMERGENCY REPAIR OF THE WASTEWATER PLANT GENERATOR TRANSFER SWITCH DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council approve the emergency repair of the emergency generator transfer switch at the wastewater treatment plant as authorized by the city manager pursuant to Code Section 2-221. Summary Explanation & Background: This transfer switch transfers the power load from the emergency generator to the wastewater plant when there is an interruption of electrical power. See attached report from the public works director. The new switch has been ordered. I recommend approval. Exhibits Attached: Public works director's report City Manager' ce Department PUBLIC WORKS/WWTP \kim\mydocunt nts\ n\council\meeting 06\03-07-06\switch.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works irector DATE: February 27, 2006 SUBJECT: City Council Agenda Item March 7" 20064 Emergency Repair of the Plant Generator's Transfer Switch In September 2005, Florida Detroit Diesel in the amount of $8,160.92 repaired the treatment facility's emergency generator transfer switch system. Again on Monday, February 20, 2006, the emergency power transfer switch failed Public Works weekly emergency generator test. This is a second time that the transfer switch has failed in ten years. The repair cost of the Zenith manufactured transfer switch is estimated at $13,000. It is recommended that the replacement cost of the new Zenith system will be $19,916. The City of Cape Canaveral is able to piggyback with the City of Port Orange bid award to Detroit Diesel. The delivery time is 4 to 6 weeks. Funds are available within the Enterprise Fund. Due to the urgency, Florida Detroit Diesel is available to provide emergency mobilization. The wastewater treatment facility operates 24 hours -seven days a week. The City of Cape Canaveral's DEP Permit allows the City to staff the plant 16 hours a day hence it is imperative that an automotive back-up emergency power system is operational. During the period the emergency generator transfer switch is not functioning, the treatment facility is staffed 24 hours a day. DEP has been notified of the City of Cape Canaveral maintenance problem and its corrective action. Recommend the approval of the emergency repairs for the transfer switch by Florida Detroit Diesel in the amount of $19,916. Attachment CC: File Memo To: Ed Gardulski, Public Works Director From: Walter Bandish Assist. Public works Director Date: February 27, 2006 Re: Emergency Repair to Transfer Switch for Generator Generator test comes on every Monday. This time the generator came on, but did not transfer power for test. We checked it out and found the problem was in the transfer switch. We called out Florida Detroit Diesel -Allison that does are repairs on the generator system. They checked it out and found that the transfer switch is bad. To repair the old switch will cost around $12,000 to $13,000 to repair, Because of the age of the switch there is no guarantee that this will last. They recommend that we replace it with a new one at a cost of $19,916. The new switch comes with a 2 -year warranty on parts, labor, and 5yaers on parts only. I recommend that we replace with a new one. The cost could come out of the 4621 fund. 0 Page 1 L1 m"Nuum '1'V Imwulbl'1.'1V14 Requisition q _ �i s Vendor Sole Source Expedited Other Explanation: is C Prepared By: G✓GL.�� /,%G� Date: --0-7"2694 Rev. 6/9/93 0 02/241/1006 FRI 9.48 FAX 4078882179 Service Department FLORIDA DETROIT DIESEL - ALLISON 6850 President's Drive Orlando, Florida 32809 Office: 407-888-1700 Fax: 407-888-2179 Cell: 407-948-7402 Fax Gaversheet To: Chuck Cordero From: Jimmy Jacobs Fax. 321-86&1233 Pages: 2 Phone_-321-868-1241Data: 2-24-06 Total number of pages ( including this page)- 2 SUBJECT: Zenith Transfer Switch Replacement —1200 Amp switch Chuck, we are waiting for an answer from Zenith on the availability of the switch and will adviso you as soon as we here from them. Please feel free to Contact me at 407-948-7402. Jimmy Jacobs GeneratorlFire Pump Field Service Sales Representative 4001/002 02/24/2006 FRI 9:49 FAX 4078882179 Service Department + 110% FLORIDA rb DETROIT DIESEL—ALLISON 6850 Presidents Drive REPAIR ESTIMATE Orlando, Florida 32809 This esdrrate is made subject to buye's acceptance wiJVn Phone - 407-888.1700 (10) business days from this date. All prioas are subject to Fax: 407-888-2179 change without notice, nd those in effect on the date of Cell: 407-948.7402 shipment shad prevail. Cwtomer vAN be contacted should ft estimate exceed 15%. rrwr■■■n■r■or■■■■ear■rraarrrr■■■■■■■■r.m■arw■ra■ir■rrrr■irr■a■araarr■ra■rrsrr■ WORK ORDERsM: DATE: 2/242008 ACCT #: F101924 CUSTOMER NAME: City Cape Canaveral POP. MAKE: Zenith MODEL- ZTSDH120E SERIAL EQUIPMENT#: CUSTOMER CONTACT: Chuc h Cordaro PHONE: 321.868-1421 FAX' 321_A&S-1233 2002/002 .... rri�pp ...: m .x ._,_ • iY13,L� a I Travel to customer site to Inspect -transfer switch for burnt small 2 r=ound Gorltactor and rectifier k burnt - research o tions for customer 3 4 Current chffag $1,366.05 5 6 Provide 1 new open transfer switch and install $14,850. 2,580. 7 Mileage chs a $112000 9 10 Re airs to existing switch approximately 13.000. Carries 90 day warranty, 11 12 New switch comes with 2 year parts and labor warrant 13 Plus 5 years parts only. 14 15 16 We are waltina for availability on the switch and will advise you as soon 17 as "ble. 18 19 20 21 22 23 .. vN .a X15,970. 00 ......., ..._.,.,..i ..._..... ...... .ilio::. Tom. ffi3,946.00 I hereby authorize the above repair vrort to be done along with the neteasary matarials. Florida Detroit Disael Allison, Ino, anti It'9 employeo3 may operate the above equipment for the yurpose of tasting, irepection or delver at my risk. An e><pressed nx=hanlcs Nen lo acknowledged on egtdpment to secure the cast of all repairs thereto, Florida Detodt Dlesel-Alll$on, Inc. Is not respotwNe roe loss or carnage to eqL ipmerd in case of Are, the(, aeCideft or any Other cause beyond our control. Replaced parts will be heW for a period often (10) bLoineas days atter completion o(3erviem The cost of Jabot and p2 m In dalemnkdng yny estimate Shall be bome by the rr;stomar. 6�4(7_ r'' Work Authorized By: F DA OWTVIT DIESEL DIVISION 2. PURCHASING* Sec. 2-221. Emergency purchase. Page 1 of 1 In the case of an apparent emergency which requires an immediate purchase of supplies, services or construction, the city manager shall be empowered to secure by open market procedures, at the lowest obtainable price, any supplies, services or construction, regardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the city which may vitally affect the life, health or welfare or convenience of the citizens. A full report of the circumstances of an emergency purchase shall be filed by the city manager with the city council at the next regular city council meeting following the purchase, shall be entered in the minutes of the city council and shall be open to inspection. (Ord. No. 9-93, § 3(205.11), 5-18-93) http://library4.municode.com/mcc/DocView/12642/l/33/49/51 02/27/2006 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Consent Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR A COMMUNITY CELEBRATION AT MANATEE SANCTUARY PARK DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the approval of an outdoor entertainment permit for a City Community Celebration at Manatee Sanctuary Park on March 18th, as requested by the parks & recreation director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Recreation director's memo; permit City Mana fI'ice Department PARKS & RECREATION kim\m document admin\counci ting\2006\03-07-06\manatee doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net TO: Mayor and Councilmembers FROM: Nancy Hanson, Director, Parks & Recreation Director DATE: January 31, 2006 RE: Cape Canaveral Community Celebration The Parks & Recreation Department iulanning a Community Celebration at Manatee Sanctuary Park on Saturday, March 18 from 11 a.m, to 3:00 p.m. Attached is the outdoor entertainment permit application for your approval. I will give you an overview in early March about the planned activities for the day. Basically, I am planning to expand on the activities that were held last March when we held the park dedication. If there is something that you specifically would like to see happen, contact me and I will try to make it happen. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAWAMNT PERM[T Permi4NO. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: N a A 6 y H a j9 F, 9 A Title: Par k c & R P r r P a t i o n Director Firm: City of Cape Canaveral Parks & Recreation Department Address:7300 N. Atlantic Avenue P.O. Box 326 Cape Canaveral; Florida 32920 " Telephone: 868-1227 FAX. 868-1227 Local Contact: camp a c a h o vP Title: Local Address (if different from above) TypeofEvent: Capp fanayaral rommunity relebrat;nn Event Date(s) in Cape Canaveral: march 1 s, 2 n n n Location(s): Date(s) Time Attach map(s) indicating event area and designated parldng areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑ether ❑Vehicle Parking on City Property Specify: By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than S300,000.00 dan5age or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Policy No: Expiration Date: H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. S Da Applicant or Rep verI itle • � tf Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 DIVISION 1. GENERALLY Sec. 10-50. Exceptions. Page 1 of 1 The city council shall have the right to waive the applicability and necessity of any of the sections of this article to any outdoor entertainment event sponsored by the recreational boards established by the city or any outdoor entertainment event promoted by a nonprofit organization, association or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor entertainment event promoted by suchorganization, association or group shall be based upon a sufficient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) http://library4.municode.com/mcc/DocView/12642/l/66/69/70 02/27/2006 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Considerations Item 6 No. Amendment/Old Contract Language/Schedule/Overview of Cart System AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FIRST AMENDMENT TO THE SOLID WASTE AGREEMENT WITH WASTE MANAGEMENT DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council consider approval of the first amendment to the solid waste agreement with Waste Management, Inc. Summary Explanation & Background: The proposed contract amendments reflect the terms and conditions for implementing the automated cart system. I recommend approval. Exhibits Attached: Amendment/Old Contract Language/Schedule/Overview of Cart System City Mana erice Department ADMINISTRATION/CITY MANAGER myd um £s n\cou g\2006\03-07-06\wm.doc FIRST AMENDMENT TO SOLID WASTE AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT made and entered into this day of , 2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, located at 7382 Talona Drive, W. Melbourne, Florida 32904 (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into that certain Solid Waste Franchise Agreement dated Octoberl, 2004 (the "Agreement"); and WHEREAS, the parties desire to amend the Agreement to provide for implementation of a roll-out garbage cart program; and WHEREAS, the City considers these modifications to be in the best interests of its residents. NOW, THEREFORE, in consideration of the mutual promises contained herein, and certain other good and valuable considerations, the receipt and sufficiency, all of which is hereby acknowledged, it is agreed as follows: SECTION 1: Section 2.34 of the Agreement is modified as follows: 2.34 Refuse Container or Cart. Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having a hinged tight -fitting lid and wheels, which is designed or intended to be used for automated or semi -automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the Carts unless it opts to relinquish same to the City at the conclusion of the Agreement. SECTION 2: Section 4.2C Containers and Preparation is deleted and replaced with the following: C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from garbage and household trash which shall be in placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Up to 20 branches from Queen and Royal palms shall be collected provided that same are cut appropriately and placed in the cart. 4. Household Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. SECTION 3: Section 4.3C1a is modified as follows: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) carts; otherwise, customers shall be required to used one or more of the following : mechanical containers, compactor service or roll off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase carts for $70.00 each and shall pay the service rate as set forth in Exhibit B, currently $3.00 per month. SECTION 4: Section 4.9 Automated Cart Pro rg am is modified as follows: 4.9 Automated Cart Program. Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). By May 1, 2006, Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution and repair of carts that have been damaged by Contractor's actions. Collector shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Carts will be distributed pursuant to a schedule mutually determined by City and Contractor. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer utilizing the then current cost of the cart. Customer may purchase a third cart for a charge of $70.00. Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. SECTION 5: All provisions not specifically modified herein shall remain in full force and effect. 2 IN WITNESS WHEREOF, the undersigned have set their hands and seals as authorized corporate officers and on behalf of the undersigned corporations. Signed, sealed and witnessed in the presence of: THE CONTRACTOR: THE CITY: WASTE MANAGEMENT INC. OF FLORIDA a Florida Corporation (Corporate Seal) CITY OF CAPE CANAVERAL a Municipal Corporation construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, Bo - it -yourself home improvements, and home occupations (as defined by City Code). 2.27 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.28 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels, and any mobile home park. 2.29 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.30 Recyclable Materials: Shall mean newspapers (including inserts), aluminum cans and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entryinto the remaining solid waste stream. 2.31 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.32 Recycling Container: Shall mean a fourteen (14) gallon recycling bin used by residential customers and one or more ninety (90) gallon recycling center bins for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.33 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.34 Refuse Co ainer: Shall mean a plaktic or galvanized me 1 z;f a type which is only so s a garbage can, wh does not exceedtwo (32) gallon cap 'ty or fifty (5 ounds in weight wh full. Each such c shall have two (2) handle on the sides the can ora bail by ch it may be lifte y a person and I shall have tight fitting to and shall also mean osal plastic or pa r bags (with or without sa holders and 'fit less than 1 mm thic of a type which i cceptable to be used for r se storage an�,disposal. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 5 of 43 4.2 opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. Residential Service. Contractor shall provide residential collection and disposal service to residential customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the -- _ customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point of collection locations for non -conforming service areas. For customers that are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer, and the refuse container and recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. L Household Trash and,,Garbage. Contra for shall be required to provide collection and di osal services for 1 household trash and \arbage generated from residential customers w 'ch has been properly pr ared and stored in a refuse container p vided under the Au ated Cart Program. 2. Recyclable Materials. Contract4,V shall be require to provide collectiond disposal services for all`recyclable materials generated .ti's from residen 'al customers which have''been properly pre�ared and stored in a recyrlmg container. 3. Vegetative Waste.",, Contractor shall be required to provide colledtion and disposal services for all vegetative waste generated fr residential customers provided tree limbs, tree trunks, palm frond etc., shall be cut in lengthy of no greater than four (4) feet and shall not exceed a weight of fifty (Sp) pounds each. Additionally, vegetative Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 10 of 43 4.3 waste shall be *perly prepared and store,,in refuse containers xcept plastic bags),Vecialized vegetative trash bags approved by the de ' ated facility, or' *Rail pieces of vegetative Waste shall be in bund secured by rope, string, twine, cord or tape ancrge pieces of vegetati waste shall be plac6d * orderly piles. Each cox finer, bag, or bundle all not exceed a wei of fifty (50) pounds. J 4. Bulk Trash. ntractor shall be required to provide collectioii,and disposal services'for all bulk trash generated from residential customers regardless of whether it is containerized. Commercial Service. Contractor shall provide commercial collection and disposal service to commercial customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week, and more frequently as mutually agreed to by Contractor and the commercial customer, and for vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week. B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Ciiitainers and Preparation. 1. mercial Trash a\under Contract shall be required to pro a collection andces for all co ercial trash and garbag enerated by ctomers which h been properly prepared stored in er, mechanical con 'ner, rolloff container, or mpactlowing conditions: a. Custom rs4 hall be permitted"`o use refuse cont�ners provided themount of commercial trash and garbage per Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 11 of 43 4.4 t collectio can be stored i a maximum o ur (4) refuse t containers;Nthelowing: ise, custom shall be requir to use one or more of mecha al containers, c pactor service, or rolloff containers. b. Contractor shall be required to provide an adequate number ofinechanical containers, compactors, or rolloff containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and rolloff containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or rolloff container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor may provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from commercial customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. Multiple Dwelling Units. Contractor shall provide collection and disposal service to multiple dwelling unit customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 12 of 43 provided, collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall be required to provide one or more rolloff containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program. ConNdn s the capabilit of providing certain automated e pment which may bin conjunction with toter cart program for garbage an vegetative waste c("Automated Cart Pro am"). By April 1, 2005, Contrac r shall implemutomated Cart Progra pursuant to operational terms an conditions nw the City, provided ha ame shall not result in an incre a in totalhe At each customer option, Contractor shall utilize ither a x (96) r sixty-four (64) gallon size container. 4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal. services to residential customers at no additional charge. 5.0 Rates and Charges, Compensation to Contractor, Franchise Fee Billing. 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor as follows: A. Residential Service. For residential service provided pursuant to paragraph 4.2 of this Agreement, a monthly amount, per customer, equal to $9.18 inclusive of refuse and vegetative waste and recycling. B. Commercial and Multiple Dwelling Mechanical Container Service. For any container service, including commercial and Multiple Dwelling Units) provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: $27.96 per containerized yard, per pickup $4.00 per containerized yard, per pickup for special services in addition to normal services provided under this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 16 of 43 Cart program ordinance Bennett Boucher From: Kim McIntire [mcintire-cape@cfl.rr.com] Sent: Wednesday, February 22, 2006 4:23 PM To: Bennett C. Boucher Subject: FW: Cart program ordinance Attachments: Auto Cart brochure1.pdf; cape canaveral amend 02-20-06.doc From: Geletko, George [mailto:GGELETKOI@wm.com] Sent: Wednesday, February 22, 2006 3:06 PM To: mcintire-cape@cfl.rr.com Cc: Rivera, Kenny; Thornton, Bryant Subject: Cart program ordinance Call me if you have any questions. Thanks! • Education material will be sent March 15, 2006. • Carts to be delivered Week of April 17, 2006. • New Equipement will do dry run week of April 17, 2006 • Route maps adjusted if needed April 23, 2006 • New equipment starts the collection process for yardwaste May 1,2006. <<Auto Cart brochure1.pdf>> <<cape canaveral amend 02-20-06.doc>> 03/01/2006 Page 1 of 1 Waste Management Inc. of Florida is pleased to offer your community its new Auto Cart Waste Collection Service. This service is designed to make taking your household and yard waste to the curb easier than ever. CONVENIENT • The 96 -gallon rolling cart, which holds as much waste as three traditional garbage cans, is the optimum size for most households. • Carts can be used. for household garbage and yard waste. • There's no lifting required - the cart design features large wheels and handles, making the cart simple to maneuver. • Easy -rolling wheels make the carts quieter to take to the curb. CLEAN • Auto cart service improves the neighborhood's appearance because there are fewer containers, less spilled garbage and no unsightly bags at the curb. • Attached lids minimize odor and keep out animals and pests. • The carts' smooth interior and exterior surfaces allow for easy cleaning. • The design of the fully automated side -loader trucks prevents trash from blowing out while carts are being emptied. COST • Two 96 -gallon carts will be delivered to your home free of charge. 64 -gallon carts are available on request. • The fee to switch container sizes is $25, but it will be waived during the first 90 days after service begins. • Additional carts are available for $70 each. • Carts are identified by bar codes and are the property of Waste Management. They may not be removed from the address. A $70 fee may apply for lost or stolen carts COLLECTION • Collection schedule: • Household garbage - Tuesday and Friday Indian Harbour Beach, Satellite Beach • Household garbage - Wednesday and Saturday Cape Canaveral, Indialantic, unincorporated Brevard County • Yard waste - Monday Cape Canaveral, Indian Harbour Beach, Satellite Beach • Yard waste - Thursday Indialantic, unincorporated Brevard County • Place your cart curbside with the opening facing the street. • Bag and tie all household garbage before putting it in the cart. • Your cart should be on the opposite side of the driveway from your mailbox to avoid any damage. • Household and yard waste must remain in separate containers and are picked up on designated collection days only. • Do not bag yard waste. Place leaves, pine needles, shrubs, palm fronds (21 or fewer), tree trimmings and small. branches (smaller than 4 feet in length) in the cart. • Bulky items and large appliances will be collected on request with 72 hours' notice. Waste Management will automatically deliver two 96 -gallon containers to your home during April. 64 -gallon carts are recommended only for single - person homes or for small families who live on zero -lot -line properties. If you would like to receive 64 -gallon carts or only one 96 -gallon cart, please contact: Waste Management (all areas except Cape Canaveral): 321-723-4455 Waste Management Cape Canaveral: 321-636-6894 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Considerations Item 7 No. will assist staff in preparing the required information for the permit renewal. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: ENGINEERING CONSULTING SERVICES FOR FDEP OPERATING PERMIT RENEWAL DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the proposal from Brown and Caldwell to provide engineering and consulting services for the wastewater treatment plant operating permit renewal in the amount of $24,830, as recommended by the public works director. Summary Explanation & Background: The City's FDEP Permit Renewal Application is due on May 25, 2006. The tasks outlined in the attached proposal will assist staff in preparing the required information for the permit renewal. Recommend the appropriation of $24,830 from the Utility Operating Reserve Account. See attached correspondence. I recommend approval of this proposal. Exhibits Attached: Public works directors memo/Brown and Caldwell's proposal City Manage '.Ifflee , ,,/� Department PUBLIC WORKS/WWTP ca im\my ocument admin\council\meeting\2006\03-07-06\FDEPermit.doc Jeb Bush Governor Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Colleen Castille Orlando, Florida 32803-3767 Secretary SENT VIA E-MAIL TO: egardulski-cape@cfl.rr.com January 27, 2006 CITY OF CAPE CANAVERAL P O BOX 326 CAPE CANAVERAL FL 32920 ATTENTION EDWARD GARDULSKI PUBLIC WORKS DIRECTOR Brevard County - DW Notice of Permit Expiration Cape Canaveral WRF Wastewater Facility - Permit No. FL0020541 Dear Mr. Gardulski: OCD -C -WW -06-0083 A review of our records indicates that the Wastewater Permit for the above -referenced facility will expire on November 25, 2006. In accordance with Rule 62-620.335, Florida Administrative Code (F.A.C.), a permittee shall submit an application to renew an existing permit at least 180 days before the expiration date of the existing permit. The renewal application is due on or before May 25, 2006. Failure to submit the application 180 days prior to the expiration date of the referenced permit will result in enforcement action. The appropriate forms for renewing the wastewater permit are available on the Internet at http://www.dep.state.fl.us/water/wastewater/forms.htm. The application must be prepared, signed and sealed by a professional engineer registered in the State of Florida and be accompanied by the appropriate permit application fee. You are requested to advise the Department, in writing, of your intent to submit a Wastewater Permit Application within fourteen (14) days of the date of this letter. If you have any questions, please contact Clarence Anderson or Daniel Hall at (407) 893-3313 or e-mail at daniel.k.hallgder).state.fl.us. GM/dh/ww cc: DW Permitting Section Sincerely, - �E Gary P. Miller Program Manager Wastewater Compliance/Enforcement MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Worksirector DATE: February 17, 2006 RE: Agenda Item for March 7, 2006 City's Treatment Facility's FDEP Permit Renewal Brown and Caldwell Engineering & Consultants The City of Cape Canaveral advertised for Engineering Consulting Services for assigned tasks that are related to but not limited to the City's wastewater treatment facility operation and permitting requirements. RFP 01-01 was published in the Orlando Sentinel, on August 12, 2000. Proposals were accepted until 3:00 on Tuesday, September 19, 2000. On this date the City received seven (7) proposals. On October 3rd, 2000 City Council short-listed the received proposals. A special meeting was held on Monday, October 9, 2000 at 5:00 for presentation. Each firm was allowed 20 minutes and 10 additional minutes for questions. As the result of the review of the RFP proposals and the presentations, City of Cape Canaveral Council established the final ranking. Staff was directed to check the firm's client references and negotiate a contract with Brown and Caldwell Engineering & Consultants. On October 17, 2000 a contracted was approved by City Council to Brown and Caldwell Engineering & Consultants for continuing consulting services. Attached is a proposal from Brown and Caldwell Engineering & Consultants for the City of Cape Canaveral's Florida Department of Environmental Protection (FDEP) operating permit renewal application in the amount of $24,829.49. This application for the City's wastewater operating permit is a requirement of DEP and is due May 25, 2006. Funds were not budgeted within the Enterprise Fund Operating Budget. Recommend approval of Tasks 1-9 proposals from Brown and Caldwell Engineering & Consultants for the City of Cape Canaveral's FDEP Operating Permit application renewal in the amount of $24,830 and the appropriation of the necessary funds. SCOPE OF SERVICES CITY OF CAPE CANAVERAL WATER RECLAMATION FACILITY 2006 OPERATING PERMIT RENEWAL APPLICATION Task 1— Data Compilation and Review Brown and Caldwell (BC) will compile and review data and other information on the Cape Canaveral WRF and its service area as necessary to complete the following major components of the permit renewal package, due to the FDEP on May 25, 2006: 1. FDEP Permit Application Forms 1 and 2a 2. Capacity Analysis Report 3. Operation and Maintenance Performance Report 4. Reclaimed Water Operating Protocol Update 5. Reuse Feasibility Study Update BC will submit a formal request for information to the Public Works Department. Task 2 — Capacity Analysis Report BC will update the capacity analysis report satisfying the requirements of Chapter 62-600.405 F.A.C. It is assumed that the City will provide monthly average daily flows, 3- month average daily flows, and annual average daily flows for the Cape Canaveral WRF for the past 10 years in electronic format. BC will update the wastewater flow projections for the Cape Canaveral WRF for the next 10 years, based upon the City's current projections of population and water usage in the Cape Canaveral WRF service area. BC will analyze the rated permitted capacity of the Cape Canaveral WRF with respect to its ability to accommodate the projected maximum 3 -month average daily flow. Based on information to date, it is assumed that the WRF has available capacity remaining beyond 2016; therefore expansion recommendations and schedule are not assumed to be required under this task. BC will prepare a summary report documenting the findings of the capacity analysis and including the engineering certifications required in 62-600.405 F.A.C. February 2, 2006 PAGE ACape CanaveraAWWTP Operating Permit Renewal - Due. May 25, 2006Cape Canaveral WRF 2006 Permit Renewal - Scope of Servim.doc Task 3 — Operation and Maintenance Performance Report 62-600.735 (2), F.A.C. requires that the Operations and Maintenance Performance Report be jointly prepared by City staff and BC. The report will evaluate the capability of treatment, reuse and disposal facilities to function as intended. BC will make a site visit to evaluate the physical condition of each treatment unit and the operation and maintenance program. Public Works (PW) Department staff will provide historical background information, and identify operation and performance deficiencies and areas which are potential problems. The following major facility components will be addressed during the site visit: (1) Pumping facilities (raw wastewater, intermediate, recirculation, residuals, effluent, reclaimed water) (2) Preliminary treatment (screen, grit removal) (3) Final clarifiers (4) 5 -stage nutrient removal system (blowers, mechanical aerators, aeration system, return sludge system, diffusers, sand and grit accumulation) (5) Filters (media, distribution equipment) (6) Disinfection (contact chambers, chlorinators) (7) Residuals treatment and handling (aerobic digestor, residuals collection equipment) (8) Residuals dewatering (9) Chemical feed facilities (1.0) Blowers and motors associated with treatment processes (11) Instrumentation and monitoring equipment (12) Sample collection and laboratory analysis (13) Effluent or reclaimed water pumping and transmission facilities (pumps, motors, valves) E February 2, 2006 PAGEN1Cape Canaverap.W WTp operating permit Renewal - Due. M -y 25, 20061Cape Canaveral WRF 2046 Permit Renewal - Scope of Serviccs.doc (14) Outfall (15) Reuse system It is assumed that the City will provide required information such as the physical dimensions, volume or rated capacity of each major facility component based on facility design documents, nameplate data and previous reports. BC will evaluate the data to assess facility performance. If there are any deficiencies that cannot be corrected prior to submittal of permit application, a schedule for any recommended corrective actions will be developed. BC will prepare a summary report documenting the findings of the operation and maintenance performance evaluation, including the engineering certifications required in 62-600.735(6), F.A.C. Task 4 — Reclaimed Water Operating Protocol Update BC will review the City's existing reclaimed water operating protocol and provide recommendations for enhancements where necessary. BC will make minor revisions to the Protocol to recent modifications. The protocol is required to be submitted as part of the operating permit renewal application package under 62-610.320(6) and 62-610.463(2), F.A.C. Task 5 — Reuse Feasibility Study Update The Cape Canaveral WRF service area is located within the St. Johns River Water Management District water resource caution area; therefore, a reuse feasibility study is required as part of the operating permit renewal package. BC will review the previous Reuse Feasibility Study based on an assessment of compliance of the existing and planned reclaimed water system with applicable FDEP rules, permit conditions and ground and surface water standards. We will update the schedule for implementation of any additional public access reuse system improvements that may be planned and will gather and present information on improvements that have occurred to the reclaimed water system within the past five years. The economic analysis will be updated by projecting reuse within the City over a 20 -year period. This Task assumes that the existing Reuse Feasibility Study was previously deemed to meet all regulatory requirements by the FDEP. The previous Reuse Feasibility Study was prepared by 3 February 2, 2006 P:tGEN\Cape CanaveraAW WTP Operating Permit Renewal - Due .May 25, Sery ices.doc 200b Cape Canaveral WRF 2006 Permit Renewal -Scope of BC following the FDEP publication "Guidelines for Preparation of Reuse Feasibility Studies for Applicants Having Responsibility for Wastewater Management" (1991). Task 6 — Operating Permit Renewal Application Package BC will prepare operating permit renewal application forms 62-620.900 (1) and (2A), complete and ready for submission to FDEP with all supporting documentation and professional engineer certifications required. In addition to the items listed in the request for information described in Task 1.1, it is assumed that PW Department staff will provide the following items for inclusion in the application package: (1) Process flow diagram showing current operations and unit processes (2) Site pian (3) Results of a valid whole effluent biological toxicity testing (4) Reclaimed Water or Effluent Analysis Report (including results of recent testing for primary and secondary drinking water standards) (5) Documentation of controls on individual users of reclaimed water and binding agreements with property owners who are major users of reclaimed water (6) General information on any improvements made to the facility since the last permit issuance (7) General information and schedule of future improvements (self-imposed CIP or by action) for the facility (8) Documentation that affirmatively demonstrates that there are no new industrial users of the wastewater treatment facility since the last permit application It is assumed that the City will handle coordination and analytical costs associated with items (3) and (4). Task 7 — Application Package Review Meeting with PW Department Staff BC will prepare for and conduct one meeting with PW Department staff to review the permit renewal application package prior to submittal. Task 8 — Coordination with FDEP At the beginning of the project, BC will contact the FDEP on behalf of the City of Cape Canaveral to review and verify permitting requirements as well as to determine if there are any outstanding issues or concerns that the FDEP plans to handle during this renewal application process. Following submission of the permit renewal application package, BC will respond to 4 February 2, 2006 PAGEN.Cape Canaveral\%rWTP Operating Permit Renewal - D-je May 25, 2006kCape Canaveral WRF 2006 Permit Renewal - Scope of Services.doc one set of questions/comments on the submitted information. New information requests will be addressed under separate authorization. Task 9 — Additional Requests for Services This task is reserved for additional services that are requested by PW Department staff. This additional work will be compensated on an hourly basis. PROPOSED SCHEDULE Milestone Date Final Request for Information. Submitted to City Staff February 24ft, 2006 Draft Permit Application Submitted to City Staff May I' '2006 Draft Application Review Meeting Held with City Staff May 8, 2006 Final Application Submitted to City May 22no, 2006 Application Delivery Date to FDEP Central District Office May 25", 2006 RESPONSIBILITY OF THE CITY The City will be responsible for the following: • Permit renewal fee (estimated to be $5,000) • Additional laboratory analysis that may be requested by FDEP. 5 February 2, 2006 P AGE Cape Canaveral\WWTP Operating Permit Renewal - Due May 25, 20WCape Canaveral WRF 2006 Permit Renewal - Scope of Services.doc N p O F 5 O R vi v9 V4 us 6n cs! 604 v, 5A 0 0 O .. IT .. � Fn v1 V4 0 o M � �' .+ M e1' U rr b9 6e H Vi iR v3 f/9 Q9, b9 0 o o C4 M h eq et (14 �• er .N. O� o O 00 h N o 00 N N N 00 fI4 J o O� Q tf o0 N 40� a U00 G o= V% 0O 00 00 O M Gi H N o � .9 v eY N \p [� ° t� w N ,N. 00 00 10 vA s o h 'p � y � 00 -'rtl' N OD `O 00 Yl M 69 H00 N ��„ N h m � O cA K p � 4 r o a C a 4 Ay E O C n ... 14 i. e a $ c 4 e 3 a m v" a cz ` < v < G F N p O FEE ESTIMATE CITY OF CAPE CANAVERAL WATER RECLAMATION FACILITY 2006 OPERATING PERMIT RENEWAL APPLICATION PACKAGE OTHER DIRECT COSTS OTHER DIRECT COSTS: Quantity Units Cost/Unit Total Copying Documents 1000 Page 0.15 $150 Copying Plans 20 Page 3.00 $60 Mileage 300 Miles 0.39 $117 Telephone 4 Months 25.00 $100 Postage 20 better 0.39 $8 Fed -Ex 12 Package 10.50 $126 Fax 40 Page 2.00 $80 TOTAL: $641 Page 2 of 2 P:' iGw ape Gn v" Scope of Servkc ,Tee Fsimaee. x!s February 2. 2006 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Considerations Item g No. to a three -lane configuration due to the limited right of way, as outlined in the 2005 access management study for AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: NORTH ATLANTIC AVENUE WIDENING PROJECT ENGINEERING PROPOSAL DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from Dyer, Riddle, Mills Precourt, Inc. for professional engineering and survey services to widen N. Atlantic Avenue from Central Blvd. north to George King Blvd., in the amount of 94,314.40. Summary Explanation & Background: Transportation impact fees will be used to fund this proposal. The City's traffic engineering consultant, Luke Transportation, recommended that N. Atlantic Avenue be widened to a three -lane configuration due to the limited right of way, as outlined in the 2005 access management study for this roadway. I recommend approval. Exhibits Attached: DRMP's proposal City Man s Eike �' Department PUBLIC WORKS/STREETS 6 ca im\m d ent in\c eeting\2006\03-07-06\drmp Transportation Engineering Contract Management I Request for Review and Comment Date of Request: February 22, 2006 Date Comments Due: March 8, 2006 Project: North Atlantic Avenue Project Material: Continuing Services Contract Comments requested from: Dwgs & Material John Denninghoff, P.E., Director of Transportation Engineering NO Ron Jones, P.E., Director of Surface Water YES Dick Thompson, P.E., Director of Traffic Engineering YES Billy Osborne, Jr., Director of Roadways & Landscaping YES Area Roadways Manager (North) YES Bruce Auchter, Engineer II YES Devin Swanson, Engineer II YES Utility Services YES Land Acquisition Specialist YES Susan Jackson, P.S.M., County Surveyor YES Ed Gardulski, Public Works Director, City of Cape Canaveral YES Signature: use aaamonai paper it neeaea. Return Comments to Harriet Raymond, Special Projects Coordinator 111 Phone: 617-7202 - Fax: 633-2083 - MS# 81 Dyer, Riddle, Mills Precourt, Inc. Principals Wayne D. Chalifoux Donaldson K. Barton, Jr. Lucius J. Cushman, Jr. Jon S. Meadows Stephen L. Precourt Lawrence L. Smith, Jr. 1505 Last Colonial Drive Orlando, Florida 32803 Phone: 407.896.0594 Fax: 407.896.4836 • Bartow, Florida • Charlotte, North Carolina • Ft. Myers, Florida • Jacksonville, Florida • Orlando, Florida • Panama City Beach, Florida • Tallahassee, Florida • Tampa, Florida 1.800.375.3767 www.drmp.com DRMP SNCINEEaS- SUEYETOES• RUNNERS• SCIENTISTS February 22, 2006 Ms. Harriet F. Raymond Special Projects Coordinator II Brevard County Public Works Division 2725 Judge Fran Jamieson Way Viera, Florida 32940 Subject: North Atlantic Avenue Project Reference: DRMP Continuing Services Contract Dear Ms. Raymond: DRMP Job # 02-0089.003 Pursuant to your request, Dyer, Riddle, Mills and Precourt, Inc. (DRMP) is pleased to submit this proposal for professional Engineering and Survey services relating to the above referenced project. We understand this project consists of roadway and drainage improvements for North Atlantic Avenue from Central Boulevard to George King Boulevard, for a length of 0.6 of a mile and is located within the City of Cape Canaveral. This project will connect to the North Atlantic Avenue/Central Boulevard Intersection. project presently under design by DRMP. This will require minor revisions to the now 30% complete North Atlantic Avenue/Central Boulevard The project will begin approximately 260' north of Central Boulevard connecting to the North Atlantic Avenue/Central Boulevard Intersection Design Project which, as previously mentioned is currently in the design, stages by DRMP. The proposed improvements will proceed northward along North Atlantic Avenue to George King Boulevard omitting a 570' section between Seaport Boulevard and Shorewood Drive, which has been previously designed by Allen Engineering. These improvements will include widening the existing roadway from the present two- lane facility to a three lane urban roadway with curb and gutter. It is also anticipated that storm water drainage design will be included within this project. This work will require coordination with the St Johns River Water Management District and possible modification of an existing storm water treatment permit. Based on the above information, we propose to provide the following specific scope of services: MD-RE Mj1WXj.EP ENGINEERS • fUIlYEY011CIENTItTt DESIGN SURVEY DRMP will provide a limited design survey of North Atlantic Avenue. This survey will begin 600' north of the Central Boulevard/North Atlantic Avenue intersection and terminate at George King Boulevard. The survey will encompass the area from 25' beyond the eastern right-of-way line to 25 feet outside the western right-of-way line within the limits described above. This survey will include all topographic data, location and elevation of all driveways, any signs, fences, curbs, plants, mailboxes, property corners or any other above ground improvements. The existing underground utilities will be located based on flagging performed by the utility owner. On all side streets the survey will extend 100 feet in each direction spanning from right-of-way to right-of-way. Two project bench marks will be provided based on the closest bench marks to the project. The project benchmarks will be set in accordance with the Brevard County Vertical Control Manual. The proposed centerline of construction will be monumented and referenced at 600' intervals along the length of the project, with a minimum of three points set outside the proposed right-of-way. Recover and tie pertinent sections, subdivisions and property corners. Prepare a Survey Control Sheet to be included in the construction plans. The Survey Control Sheet shall include County requirements as set fourth in the Brevard County Contract Management Review Sheet for items (A) and (B) of (1)• RIGHT-OF-WAY SERVICES The Right-of-way services will include research of available public records (right-of-way maps, right-of-way deeds and title searches) as provided by Brevard County. ENGINEERING SERVICES DRMP will complete an on-site field review and research existing site conditions in order to familiarize ourselves with the proposed improvements. Based on the available topographic data, field survey, right-of-way and utility information, DRMP will prepare a 30% conceptual layout. This submission will include the relationship of the existing and proposed edges of pavement for the improvements, preliminary drainage design, as well as any preliminary .. -' FM�IhEElli•'./tlhV/YCh/. ►I,AfIKEhi'•/d/KTISTS right-of-way needs. This submittal will also identify any potential conflict areas with existing utilities and/or other existing developments or improvements: A drainage investigation followed by design will be preformed along.the project corridor. Coordination will be maintained with the St. Johns River Water Management District to determine what permits or permit modifications will be required. It is anticipated that no permit will be required. This will be determined through the design process. DRMP will prepare detailed construction plans based on Brevard County's review and acceptance of the 30% conceptual layout. These plans will be submitted to the County for review at the 90% and 100% completion stages. The construction plans will include the following sheets: Cover Sheet Typical Section Detail Sheet Survey Control Sheet Roadway Plan and Profile Sheets Roadway Cross Section Sheets Signing and Pavement Marking Plan Engineer's Cost Estimate (8/z" x 11") Supplemental Specifications (8 %z" x I1") Pavement Design The following is a brief description of the contents of each sheet: Cover Sheet: Standard Brevard County format Typical Section and Detail Sheet: Typical roadway section showing widening details, pavement design and all necessary construction details Survey Control Sheet: Existing right-of-way lines, section lines, pertinent deed lines, centerline of construction and bench marks. Roadway Plan and Profile Sheets: All existing topography, right-of-way and utility information collected in the design survey phase of the project. Proposed centerline of construction, pertinent deed lines, section lines, bench marks with geometry and reference ties sufficient to establish the proposed construction. Engineer's Cost Estimate: An Engineer's Cost Estimate will be;prepared which will list all pay items: along with the correspondingg pay item numbers, quantities and costs. Supplemental .Specifications: DRMP will prepare Supplementat Specifications which are not coveredunder. the FDOVs Standard Specifications. Pavement Design: DRMP will utilize the Florida Department of Transportations "Flexible Pavement Design Manual" to prepare a suitable pavement design for the proposed improvements. GEOTECHNICAL SERVICES Necessary geotechnical work will be performed (field and laboratory) to assure that the existing soil is suitable to support the proposed improvements. This data will be utilized for determination of any unsuitable soil, preparation of a pavement and resurfacing design. VULIVERABLl S: 30%v SUBMITTAL: Six (:6) sets of 30% Plans (I1"xi7") 90% SUBMITTAL: Six (6) sets of 90% Plans (I1"x17') 100% SUBMITTAL: Nine (9) sets o€100% Plans (11 "x 17") (Paper) One (1) set of 100% Plans —Signed and Sealed (11 "x 17")(Paper) Nine (9) sets of 100% Plans (24"06")(Paper) One (1) set of 100% Plans — Signed and Sealed(24"06")(Paper) One (1) set of 100% Plans (24"x36") (Mylar) Digital files — Autocad 2000 (BDRMP ENGINEERS• SURVEYORS• PLANNERS SCIENTISTS The client hereby acknowledges any revisions, deletions, or additions to the scope of this project as described herein will be invoiced according to our standard hourly rates. No work outside the limits of this proposal will be commenced without prior client consent. It is hereby acknowledged that this WORK ORDER is an addendum to the master contract approved by the County Commission on September 15, 2002 for civil engineering services, and as such, this WORK ORDER is subject to all conditions and stipulations contained in said contract. Please call me if you have any questions or comments regarding this proposal. If you wish us to proceed with the above-described services, please issue a work order number and Notice to Proceed for this project. Thank you for the opportunity to provide these services, and we look forward to working with you on this project. Sincerely, Dyer, e, Mills Precourt, Inc. Wayne D. Chalifo P.E. President/Project Manager Cc: Kim Shingledecker, Project Manager, Transportation Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Considerations Item 9 No. Public works director's memo; Gibbs & Register, Inc. Letter of Interest and Mudrak Engineering & Construction AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVE THE RANKING FOR RFP NO. 06-01 FOR CONTINUING CONCRETE CONSTRUCTION SERVICES DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider approval of the ranking of RFP No. 06-01 for continuing concrete construction services and authorizing staff to negotiate a contract for continuing services as recommended by the public works director. Summary Explanation & Background: See attached memo and qualifications of the two firms that bid this service. Exhibits Attached: Public works director's memo; Gibbs & Register, Inc. Letter of Interest and Mudrak Engineering & Construction Co. Letter of Interest City Manager' Department PUBLIC WORKS/STREETS mydoctents in\council\m n 06\03-0 06\06-01.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 21, 2006 SUBJECT: City Council Agenda Item for March 7, 2006 Ranking of RFP No. 06-01 Continuing Miscellaneous Concrete Construction Services The City of Cape Canaveral (City) advertised for Continuing Miscellaneous Concrete Construction Services. Request for Proposal (RFP No. 06-01) was published in the Florida Today on January 8 and the Orlando Sentinel on January 10, 2006. Qualified firms that were knowledgeable, competent, and experienced in performing miscellaneous concrete construction services were invited to submit a technical proposal; a copy of this advertisement was faxed to five (5) general contracting firms. In addition, the RFP was posted on the City's Web Page. Proposals were accepted until 3:00 on February 16'`. On this date, the City received two (2) proposals from firms that had excellent qualifications. Selection of a contractor was made in accordance with Florida Statutes 287.055, Consultants Competitive Negotiations Act. The Public Works Director and staff reviewed the proposals and ranked the firms as follows: 1). Gibbs & Register, Inc. Winter Garden, Florida 2). Mudrak Engineering & Construction Company Christmas, Florida Gibbs & Register, Inc. (G&R) is located in Winter Garden, Florida, G&R submitted a complete RFP package and has satisfactorily provided the requirements. The firm has the necessary resources to provide the City concrete construction services. G&R also provides these services to other governmental agencies and private industries located in Central Florida. Therefore, G&R has been ranked No. I to perform these services. Recommend approval of the ranking for Continuing Miscellaneous Concrete Construction Services and direct staff to negotiate a contract. Attachments Request For Proposals (RFP) #06-01 Instructions for Proposal Section 1: Work Statement - COPY The City of Cape Canaveral (City) is seeking continuing professional contract services from a qualified General Contractor firm(s) for the purpose of, but not limited to, performing miscellaneous concrete construction projects. Section II: Scope of Services The firm(s) shall provide services to the City for assigned tasks that are related to the City and its service area. The firm(s) shall provide miscellaneous concrete construction services on an as needed basis to the City for assigned tasks that are related to, but not limited to, the following: • Sidewalk repair/construction (non -decorative and decorative); • Street curbing repair/construction; • Storm sewer system repair/construction (inlets, manholes, piping etc.); Underground utility manhole maintenance; and Miscellaneous concrete work as needed by the City. In general, the work consists of the repair of existing infrastructure as well as new construction. The firm(s) shall be able to provide all construction equipment and labor to perform large and small projects in a timely manner. All work shall be performed to applicable Florida Department of Transportation (FDOT) and City codes. The selected firm(s) will also be required to: Work closely with the City's Landscape Architect in the construction of City beautification projects; Perform all related services including maintenance of traffic (MOT), permit acquisition, erosion control, excavation of existing structures, removal of pipe segments, minor roadway repair, and general cleanup; and Work closely with homeowners and other residents during the construction projects. Section III: Specific Criteria The firm(s) performing these services shall have a strong background in providing a positive working relationship with a City Mayor/Council/City Manager type of government and a history of providing miscellaneous concrete construction services to municipal governments. This contract shall be for a three-year period and may be extended by the City in one-year increments for up to a total contract period of five years. Section IV: Other Requirements A. Proposals will be accepted until 3:00 p.m. on Thursday, February 16, 2006; proposals received after this deadline will not be considered. A total of seven (7) copies of the proposal must be submitted and clearly marked with "RFP #06-01 Continuing Miscellaneous Concrete Construction Services" and mailed or hand delivered to the City Clerk located at City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920. B. Delivery of proposals by the following means: 1. Proposals mailed shall be addressed to 2. Hand delivered proposals to: C. Proposals shalt include the items listed below: City of Cape Canaveral City Clerk's Office P.O. Box 326 Cape Canaveral, Florida 32920-0326 City of Cape Canaveral City Clerk's Office 105 Polk Avenue Cape Canaveral, Florida 32920 1. Letter of Interest; 2. Details of the firm's qualifications including a construction equipment list and number of employees; 3. Resume of management and technical staff to be committed to the project; 4. Qualifications and history of the firm; 5. A list of at least (3) three similar projects completed with a brief project summary with customer's name, address, and contact person and telephone number; 6. Proof of liability insurance; 7. Copy of the firm's General Contractor license; 8. Disclosure of any possible conflicts of interest; 9. City submittal Requirements and Drug -Free Workplace Certification; and 10. Any other information deemed necessary by the firm. D. The Public Works Director and selected staff will review and rank the proposals; there will not be a need for any presentations. The final selection(s) will be based on the short list of firms and ranking recommendation by the Public Works Director/selected staff and presented to the City Council. The City reserves the right to withdraw this RFP at any time to protect its best interests. Selection(s) will be made in accordance with Florida Statutes 287.055, Consultants Competitive Negotiations Act. E. Inquiries concerning this proposal should be directed to Ed Gardulski, Public Works Director by telephone at (321) 868-1240, by facsimile at (321) 868-1233, or in writing to P.O. Box 326, Cape Canaveral, Florida 32920-0326. CITY OF CAPE CANAVERAL, FLORIDA BID SUBMITTAL REQUIREMENTS: 1. FORMS: Bids must be submitted on forms provided in the bid package and completed in ink. Any alterations must be initialed. 2. PUBLIC ENTITY CRIMES STATEMENT: Pursuant to Paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list." 3. DRUG-FREE WORKPLACE: In accordance with Florida Statutes, § 287.087, preference will be given to businesses with drug-free workplace programs; whenever bids are similar in all other respects, award will be made to the entity having a Drug - Free Workplace Program if a Drug -Free Workplace Certification is submitted with the bid. 4. DEVIATIONS FROM SPECIFICATIONS: Any deviation from the specifications must be clearly stated and explained in detail. Otherwise, items offered are expected to be in strict compliance with specifications and the successful bidder shall be held accountable. 5. SUBMITTAL: Bids must be submitted in a sealed, non -transparent envelope clearly marked in the lower left-hand corner, "SEALED BID - REQUEST FOR BID NO. _ The bidder's name and address should appear on the outside of the sealed envelope. Bids must be mailed or hand delivered to: City Clerk, Cape Canaveral City Hall, P. O. Box 326 (105 Polk Avenue), Cape Canaveral, Florida 32920. Bids will be accepted until 6. BID OPENING: Bids will be opened and read publicly at the Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida immediately after bid closing. Any bids received after the specified time and date shall not be accepted. TERMS AND CONDITIONS: 1. TIME FOR CONSIDERATION: Bids shall be irrevocable for a period of ninety (90) days commencing on the day of opening. 2. ACCEPTANCE AND REJECTION: The City reserves the right not to accept or reject any and all bids or part thereof, to waive any informalities or technicalities, and to accept the bid which best serves the interests of the City. City of Cape Canaveral, Florida Bid Submittal Requirements Page 2 3. QUALITY: Any manufacturer's name, trade name, brand name or catalog numbers used in the bid package are for the purpose of describing and establishing general quality levels and are not intended to be restrictive. Bids will be evaluated regardless of manufacturer for any item, which meets or exceeds the standards established within the specifications. 4. NON-DISCRIMINATION: The successful bidder will comply with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. 5. SAFETY STANDARDS: Items furnished shall satisfy all applicable safety standards governing their manufacture, distribution and use. 6. CONFLICT OF INTEREST: The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of Federal, State or Local laws. 7. BONDS: If the amount of the submitted bid exceeds $25,000.00: and (a) A Bid Bond in the amount of 10% of the bid total must accompany the bid; (b) A Performance Bond will be required from the successful bidder. 8. TAX EXEMPTION: The City of Cape Canaveral is exempt from State and Federal taxes. 9. ASSIGNMENT: Neither the contract nor payments due may be assigned without prior approval of the City of Cape Canaveral. 10. INSURANCE: The successful bidder shall not commence work under this bid nor shall he/she allow any subcontractor to commence work until the successful bidder has obtained all the insurance required under these Requirements and such insurance has been approved by the City of Cape Canaveral. (a) Compensation Insurance: The successful bidder shall procure and shall maintain during the life of this contract, Workers' Compensation Insurance for all of his/her employees to be engaged in work on the project under this bid, and in case any such work is sublet, the successful bidder shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the successful bidder's Workers' Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this bid is not protected under the Workers' Compensation statute, the successful bidder shall provide and shall cause each subcontractor to provide adequate insurance for the protection of his/her employees not otherwise protected. City of Cape Canaveral, Florida Bid Submittal Requirements Page 3 (b) Successful Bidder's Public Liability and Property Damage Insurance: The successful bidder shall procure and shall maintain during the life of this Contract, successful bidder's Public Liability Insurance in an amount satisfactory to the City of Cape Canaveral, but not less than $300,000 and up to $1,000,000 on account of one accident, and the successful bidder's Property Damage Insurance in an amount not less than $30,000. The Certificate of Insurance shall show the City of Cape Canaveral as an additional insured and state the name and number of the project. This insurance shall be maintained with an insurance company or companies licensed to do business in the state in which the successful bidder shall perform his/her contractual services. (c) Subcontractor's Public Liability and Property Damage Insurance: The successful bidder shall require each of his/her subcontractors to procure and maintain during the life of his contract subcontractor's Public Liability and Property Damage Insurance coverage in amounts satisfactory to the successful bidder for his/her own protection, with an insurance company or companies licensed to do business in the State in which the subcontractor shall perform his/her contractual services. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for successful bidder and his/her subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured or by anyone directly or indirectly employed by him/her and also against any of the special hazards which may be encountered in the performance of this bid. (e) Automobile Insurance: The successful bidder shall procure and shall maintain during the life of this Contract, insurance covering vehicle or automobile operation used in the performance of this work having limits not less than $1,000,000 on account of personal injury and $100,000 on account of property damage. (f) The contractor shall provide all required Certificate(s) of Insurance to the City. The Certificate(s) of Insurance shall state that the policy (policies) shall not be canceled without thirty (30) days notice to the City. 11. BUILDING PERMITS: All permit fees shall be obtained from the City. 12. PAYMENT: the City at the completion of said project would make One (1) payment for services rendered under this contract. 13. DELIVERY: All materials to be supplied are bid F.O.B. Cape Canaveral, Florida. DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS — In accordance with F.S. 287.087, preference shall be given to businesses with drug—free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug—free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's Policy of maintaining a drug—free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug—free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S S SIGNATURE GIBBS & REGISTER, INC. 530 South Main Street Winter Garden, Florida 34787 Telephone: (407) 654.6133 Facsimile: (407) 654.6134 February 14, 2006 City Clerk's Office City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Reference: Letter of Interest To Whom It May Concern: The purpose of this letter is to inform the City of Cape Canaveral of Gibbs & Register's interest in performing miscellaneous concrete construction projects. We have worked with a number of municipalities in the Central Florida area doing miscellaneous concrete projects. Gibbs & Register has extensive experience performing sidewalk and curb repairs and construction, installation and repair of storm sewer systems, as well as underground utility work. We currently have four full time concrete crews as well as six full time pipe crews. Our workforce would allow us to respond in an efficient and timely manner. We consistently strive to maintain a positive working relationship with all parties (government agencies/architects and designers), most importantly with home owners and residents. My philosophy is that we want to treat our employees, our clients, our suppliers and our subcontractors the way we would want to be treated individually. Gibbs & Register looks forward to the opportunity to work with the City on this project, and should you need any additional information or references please let us know. Sincerely, Jo n W. Gibbs President Gibbs & Register, Inc. N:\Proposal(s)\PREQUALIFICATION TRACKING LOG\Letter of Interest.Cape Canaveral.doc GIBBS & REGISTER, INC. 530 South Main Street Winter Garden, Florida 34787 Telephone: (407) 654.6133 Facsimile: (407) 654.6134 February 14, 2006 City Clerk's Office City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Reference: Gibbs & Register's Qualifications To Whom It May Concern: The purpose of this letter is to inform the City of Cape Canaveral of our qualifications. We are providing all of our project references on projects that are either currently under construction or have been completed in the past couple of years. As you will see we have successfully completed many different kinds of construction projects, with a great deal of emphasis being placed on concrete and pipe work. Gibbs & Register looks forward to the opportunity to work with the City on this project. Sincerely, ]oh W. Gibbs President Gibbs & Register, Inc. N:\Proposal(s)\PREQUALIFICATION TRACKING LOG\Qualification Letter.Cape Canaveral.doc GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: SR 10 @ Halsema Rd Owner/Client: FDOT Engineer/Architect: CES Inc. Contract Value: $212,948.00 Completion Date: May 2006 Contact Name: Peyton Bennett Telephone Number: 904-360-5557 Project Description: 400 LF of adding a new turn lane, and storm water relocation Project Name: Fifth Third Bank @ Aloma & Tuskawilla Owner/Client: Centex Construction Engineer/Architect: Mitch Collins PE, Inc. Contract Value: $553,550.00 Completion Date: April 2006 Contact Name: Don Huffman Telephone Number: 813-286-1606 Project Description: Sitework & Utility Infrastructure for a bank and future retail shopping center along with parking lots and an access roadway Project Name: Fort Fraser Trail Owner/Client: City of Lakeland Engineer/Architect: Dyer Riddle Mills & Precourt Contract Value: $3,903,610.00 Completion Date: November 2006 Contact Name: Greg James Telephone Number: 863-834-6040 Project Description: Constructing 6.5 miles of asphalt bike trail with 1 trailhead, with 1 Steadfast bridge and 1 decorative cover for existing bridge. Signage, drainage, decorative site furnishings and minor storm Project Name: Spring Park Road (Bowden to University Blvd) Owner/Client: City of Jacksonville & JEA Engineer/Architect: Prosser Hallock Contract Value: $2,678,761.20 Completion Date: December 2006 Contact Name: George McGreggor Telephone Number: 904-596-1440 Project Description: Consist of improvements along Spring Park Rd., which includes clearing, earthwork, asphalt milling, subbase, base, ,— paving, curbs, sidewalk, drainage, landscaping, signage, pavement marking, MOT, & utilities. 1 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Center Street Storm Water Pond Owner/Client: City of Ocoee Engineer/Architect: Professional Engineer Consulting Inc. Contract Value: $726,300.00 Completion Date: April 2006 Contact Name: Bob Zatooni Telephone Number: 407-905-3100 ext 6002 Project Description: Storm pond, liner and drainage structures. Project Name: Upper Palatlakaha River Stormwater Project Owner/Client: Florida Department of Transportation Engineer/Architect: BCI Engineers & Scientist Inc. Contract Value: $760,000.00 Completion Date: April 2006 Contact Name: Vickie H. Wyche Telephone Number: 386-943-5525 Project Description: Removal & replacement of approach slabs and other miscellaneous work for bridge carrying SR 50 over Palatlahaha Creek in Lake County Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone Number: Project Description: Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone Number: Project Description: Sth & 6th Avenue Streetscape Extension City of Zephyrhills The LPA Group Transportation Consultants $416,719.00 April 2006 Steve Spina 813-780-0000 Streetscape, landscaping, irrigation, storm -water, drainage, concrete grading, curbing, sidewalks, brick paving, signalization, lighting & electrical improvements along the project limits Turn Lane Improvement at ST RD 44 & Cty Rd 149 Florida Department of Transportation Metric Engineering $213,000.00 December 2005 Frank O'Dea, P.E. 386-943-5525 Milling and resurfacing, widening, curb and gutter, sidewalk, traffic signals and highway signings on SR 438. 2 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Gatlin Avenue Drainage and Water Improvements Owner/Client: Board of Commissioner Orange County Engineer/Architect: PBS&J Engineers Contract Value: $1,255,000.00 Completion Date: March 2006 Contact Name: Elia Zayas Telephone Number: 407-836-5344 Project Description: Storm water and water improvements for Orange County. Approximately 1300 Lf of 20" watermain and 1500 LF of 15" Project Name: storm pipe, with 2300 LF of curb & gutter with pavement Owner/Client: overlay at completion of project. Project Name: Lake Olivia Water Quality Improvement Owner/Client: Board of Commissioners Orange County Engineer/Architect: PEC Engineering Contract Value: $542,700.00 Completion Date: January 2006 Contact Name: Julie Naditz, P.E. Telephone Number: 407-836-7998 Project Description: Furnish and Install 3 Water Quality Treatment Structures to assist in purifying water as it drains into Lake Olivia. Project Name: Lake Wales CDBG-Minnesota Street Owner/Client: City of Lake Wales Engineer/Architect: Kimley-Horn & Associates Contract Value: $1,005,240.00 Completion Date: February 2006 Contact Name: Andy Eston Telephone Number: 863-678-4182 Project Description: Neighborhood road improvements, storm drainage, water mains, curb & sidewalk Project Name: Camelot/Waterford Relief Elementary School Owner/Client: Orange County Public Schools Engineer/Architect: Schenkelshultz Architect Contract Value: $2,251,900.00 Completion Date: April 2006 Contact Name: Clay Elliot Telephone Number: 407-482-4070 Project Description: 16 acres of site work for an elementary school. Work includes storm pipe, water utilities, sewer utilities, drainage ponds, parking lot construction, and roadway improvements. 3 E GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Park Manor Canal Piping Owner/Client: Board of County Commissioner Orange County Engineer/Architect: Inwood Consulting Engineers Contract Value: $998,000.00 Completion Date: February 2005 Contact Name: Carol Hewitt Telephone Number: 407-836-7721 Project Description: Replacing portions of existing open ditch with a piped storm sewer system with a shallow swale above drainage to various ditch bottom inlets Project Name: Griffin Road Storm Water Improvements Owner/Client: City of Lakeland Public Works Engineer/Architect: Keith & Schnars, PA Contract Value: $473,900.00 Completion Date: December 2005 Contact Name: Gene Medley Telephone Number: 863-834-6000 Project Description: Storm -water improvement, excavation, grading, & landscape/irrigation. Project Name: SR 438 (Silver Star Road) Owner/Client: Florida Department of Transportation Engineer/Architect: T E I Engineers Contract Value: $1,340,000.00 Completion Date: December 2005 Contact Name: Frank O'Dea, P.E. Telephone Number: 386-943-5525 Project Description: Reconfigure the median of SR 438 by extending and Re -configuring turn -lanes and constructing new handicap Ramps at all intersections. Work includes asphalt base, milling, pedestrian signals, resurfacing, traffic separator installation, Curb installation, and ADA handicap ramp construction. Project Name: US Highway 98 North Median Modification Owner/Client: City of Lakeland Engineer/Architect: Chastain Skillman Inc. Contract Value: $342,000.00 Completion Date: December 2005 Contact Name: Gregory D. James, CPM Telephone Number: 863-834-6000 '- Project Description: Median modification, demolition, concrete curbing, milling and resurfacing. E GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Fryland Road & Econolockhatchee Trail Storm water Owner/Client: Orange County Board of Commissioners Engineer/Architect: Singhofen & Associates Engineers Contract Value: $364,000.00 Completion Date: December 2005 Contact Name: John Schmidt Telephone Number: 407-836-7963 Project Description: Storm -water improvements for Orange County along Econ Trail. Approximately 1100 LF of storm pipe (various sizes) with new sidewalks and swales. Project Name: South Tropical Trail Bridge Sidewalk Owner/Client: Brevard County Engineer/Architect: PBS&J Contract Value: $476,000.00 Completion Date: January 2006 Contact Name: Harriet Raymond Telephone Number: 321-617-7202 Project Description: Clearing & grubbing, removal of existing bridge, excavation and embankment, maintenance of traffic, box culvert installation, sidewalk, guardrail, handrail, sodding, highway signing, and thermoplastic traffic stripes & markings. Project Name: Eustis Middle School Owner/Client: P.P.I Construction Management Engineer/Architect: Schenkelshultz Architect Contract Value: $683,770.00 Completion Date: May 2006 Contact Name: Mark Starcher Telephone Number: 407-482-4070 Project Description: Site work for PPI Construction Managers including approximately 2000 LF of storm piping (various sizes) temporary bus loop, permanent bus loop, new track, and water and sewer hook-up for new building addition Project Name: Highway 50 Ditch Culverts Owner/Client: Florida Department of Transportation Engineer/Architect: James E. Wood, Jr., P.E. Contract Value: $323,000.00 Completion Date: November 2005 Contact Name: Jeff Ryals Telephone Number: 407-977-6530 Project Description: Replace and restore existing culvert„ excavation & grading. 5 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Oviedo Street Storm Drain System Replacement Owner/Client: City of St. Augustine Engineer/Architect City of St. Augustine Utilities Department Contract Value: $278,000.00 Completion Time: August 2005 Contact Name: Alex Blake Telephone Number: (904) 825-1040 Project Description: Complete rehabilitation of the Oviedo Street storm drain Project Description: system, replacement of disturbed brick roadways and sidewalks, Project Name: Roadway and Drainage Improvements for Collins Owner/Client: Road Owner/Client: City of Jacksonville / JEA Engineer/Architect: Ayres Associates Contract Value: $4,185,000.00 Completion Time: June 2006 Contact Name: Sam Ockular Telephone Number: (904) 360-5970 Project Description: Reconstruction of the roadway, drainage, water & sewer, landscaping, signalization, lighting & electrical improvements along the project limits Project Name: Term Contract Concrete Construction Owner/Client: City of Ocoee Engineer/Architect: City of Ocoee Contract Value: $80,000.00 Completion Time: December 2005 Contact Name: Bob Zatooni Telephone Number: (407) 905-3170 Project Description: Sidewalk construction Project Name: Edgewood JR/SR High School Owner/Client: Brevard County School Board Engineer/Architect: MEC Engineering Contract Value: $1,770,000.00 Completion Time: August 2005 Contact Name: Pete Irby Telephone Number: (813) 832-3033 Project Description: Site work for school addition C.1 GIBBS & REGISTER, INC. PROJECT REFERENCES . 2006 Project Name: Gilbert Park Boat Parking Lot Owner/Client: City of Mt. Dora Engineer/Architect: DRMP Contract Value: $319,987.30 Completion Time: July 2005 Contact Name: Gus Gianikas Telephone Number: (352) 735-7100 Project Description: Construction of an asphalt parking lot including, landscaping, irrigation, and stormwater drainage facilities Project Name: Maguire Road & Park Ridge -Gotha Intersection Improvements Owner/Client: Orange County Engineer/Architect: Orange City Engineering Contract Value: $1,127,000.00 Completion Time: April 2006 Contact Name: Mike Wehrfritz Telephone Number: (407) 836-7884 Project Description: New intersection construction with associated utility modifications Project Name: Citrus Avenue Force Main Replacement Owner/Client: S. Seminole & N. Orange WW Engineer/Architect: Rockett & Associates Contract Value: $1,036,400.00 Completion Time: October 2005 Contact Name: Stephen Bailey Telephone Number: (407) 894-3804 Project Description: 16, 18, & 24" force main with row restoration Project Name: Winderley Place Drainage Improvements Owner/Client: City of Maitland Engineer/Architect: DRMP Contract Value: $93,600.00 Completion Time: June 2005 Contact Name: Mike Parcer Telephone Number: (407) 875-1143 Project Description: Drainage improvements 7 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Lakeland Miscellaneous Concrete Repairs Owner/Client: City of Lakeland Engineer/Architect: City of Lakeland Contract Value: $100,000.00 Completion Time: August 2005 Contact Name: James Smith Telephone Number: (863) 834-6040 Project Description: Sidewalk repairs Project Name: US Hwy 27 & SRS44 Water Main Owner/Client: City of Haines City Engineer/Architect: Keith & Schnars Contract Value: $579,000.00 Completion Time: August 2005 Contact Name: Tim Tippeny Telephone Number: (863) 421-3695 Project Description: 16" waterman improvements Project Name: Lockheed Martin Lake Underhill Security Improvements Owner/Client: Jacobs Construction Services Engineer/Architect: Jacobs Engineering Contract Value: $888,269.00 Completion Time: September 2005 Contact Name: Paul Schwartz Telephone Number: (407) 903-5001 Project Description: New entrance road and visitor center parking lot Project Name: Avenue "T" Roadway Improvements Project Owner/Client: City of Winter Haven Engineer/Architect: URS Corp. Contract Value: $2,398,000.00 Completion Date: October 2005 Contact Name: Mike McMahen Telephone Number: (863) 291-5600 Project Description: Reconstruct 1 1/2 miles of roadway adding curb & gutter, sidewalks, driveways, lighting, landscaping & irrigation, brick pavers & medians E:3 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Lakeshore Drive Widening & Resurfacing Owner/Client: Phase III & IV Owner/Client: Lake County Engineer/Architect: Lake County Dept. of Public Works Contract Value: $1,495,000.00 Completion Date: February 2006 Contact Name: Leeland Shelton Telephone Number: (352) 253-4936 Project Description: Reconstructing approx 11,400FT of Lakeshore Drive to a width of 20ft by reclaiming the existing roadway for a stabilized sub grade, driveway improvements, swale work, storm pipe & storm structure installation, sodding, stripping, turn lane construction sidewalk & curb removal Project Name: Main Street Streetscape Owner/Client: Town of Windermere Engineer/Architect: Canin & Associates Contract Value: $2,468,000.00 Completion Date: February 2006 Contact Name: Don Greer Telephone Number: (407) 876-2901 Project Description: Complete installation of Main Street improvements, Project Description: including underground utilities, concrete pavement drainage structures, pipe, decorative pedestrian & vehicular pavers, landscaping & irrigation, site furnishings Project Name: Boggy Creek/Land Street Road Intersection Improvements Owner/Client: City of Orlando Engineer/Architect: City of Orlando Contract Value: $386,000.00 Completion Date: July 2005 Contact Name: David Metzker Telephone Number: (407) 246-2623 Project Description: Intersection reconstruction, signalization, roadway widening improvements, erosion control, sidewalks & concrete driveways, survey, earthwork, paving, maintenance of traffic, signage GIBBS & REGISTER, INC. PR03ECT REFERENCES 2006 Project Name: Ham Brown Road Widening — Phase 2A Owner/Client: Osceola County Engineer/Architect: Osceola County Contract Value: $745,425.60 Completion Date: July 2005 Contact Name: Howard Simmons, Sr. Telephone Number: (407) 343-6577 Project Description: Construction of a portion of the new alignment of Ham Brown Road, concrete sidewalks, storm water detention pond, roadside drainage systems, roadway signage & roadway striping Project Name: Construction of Taxiway "F" Owner/Client: City of Winter Haven Engineer/Architect: PBS&J Contract Value: $97,000.00 Completion Date: February 2005 Contact Name: Mike McMahon Telephone Number: (863) 291-5600 Project Description: Construction of Taxi lane "F", excavation, grading, base, asphalt, sodding & striping Project Name: Jacksonville River walk Owner/Client: City of Jacksonville Engineer/Architect: Akel, Logan & Shafer Contract Value: $2,214,878.00 Completion Date: January 2005 Contact Name: Steve Long, P.E. Telephone Number: (904) 630-7602 Project Description: Extension of the Jacksonville River walk including Underground utilities, asphalt pavement, decorative brick Walkway, decorative bridge installation, landscaping and Irrigation Project Name: Bank of America — West Palm Beach Owner/Client: Centex Construction Company Engineer/Architect: H&T Consulting Contract Value: $156,300.00 Completion Date: November 2004 Contact Name: Mark Staffed Telephone Number: (813) 286-1606 Project Description: Site work for bank, excavation, grading, piping, and parking '— Lot & brick pavers 10 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: McKey Street Roadway Improvements Owner/Client: City of Ocoee Engineer/Architect: H erbert-Hai I beck, Inc. Contract Value: $859,900.00 Completion Date: December 2004 Contact Name: Janet Shira Telephone Number: (407) 905-3109 Project Description: Complete installation of McKey Street Improvements including underground Utilities, asphalt pavement markings, drainage Structures & piping, decorative pedestrian Vehicular pavers, landscaping & irrigation Project Name: Edgewood Dr Roadway Improvements Phase II Owner/Client: City of Lakeland Engineer/Architect: TBE Group, Inc. Contract Value: $1,694,000.00 Completion Date: March 2005 Contact Name: Greg James Telephone Number: (863) 834-8040 Project Description: Total reconstruction of Edgewood drive roadway Improvements from South Florida Avenue to Cleveland Heights Boulevard going from 2 to 3 lanes, planter islands, Driveways, sidewalks, asphalt, storm drain & structures Project Name: Enterprise Road Owner/Client: Volusia County Engineer/Architect: CPH Engineers, Deland Office Contract Value: $4,779,000.00 Completion Date: December 2005 Contact Name: Todd Buckles, volusia Co. Construction Manager Telephone Number: (386) 736-5967 Project Description: Widening of Enterprise Road from Deltona Blvd to Saxon Blvd, including relocation & installation of new Water, sewer & storm utilities, asphalt, curb & sidewalks Project Name: Cypress Springs Elementary School Owner/Client: Walker & Company Engineer/Architect: WBO Engineering Contract Value: $1,570,000.00 Completion Date: March 2005 Contact Name: Kevin Durham -- Telephone Number: (407) 645-0500 Project Description: Site construction, excavation, grading, import fill, sanitary Water storm piping & roadway construction 11 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Roadway & Intersection Improvements in Poinciana Owner/Client: Osceola County Engineer/Architect: Osceola County Engineering Dept. Contract Value: $389,900.00 Completion Date: January 2005 Contact Name: Howard Simmons, Sr., Highway Const. Manager Telephone Number: (407) 343-2600 Project Description: Turn lane widening and sidewalks Project Name: Reedy Creek and Deerwood Elementary School Owner/Client: Osceola County Engineer/Architect: VHB/Vanasse Hangen Brustlin, Inc. Contract Value: $195,600.00 Completion Date: November 2004 Contact Name: Wade Wilson Telephone Number: (407) 226-9819 Project Description: Construct building pad, concrete sidewalks, sanitary sewer System, storm drain system & water system, clearing & Grubbing, earthwork & grading Project Name: Deltona Middle School Owner/Client: Volusia County Engineer/Architect: CPH Engineers Contract Value: $118,850.00 Completion Date: November 2004 Contact Name: Allen Lane Telephone Number: (407)425-0452 Project Description: Construction of turn lane on Enterprise Road into school Project Name: Bank of America - JYP Owner/Client: Centex Construction Company Engineer/Architect: Kimley-Horn & Associates, Inc. Contract Value: $426,463.00 Completion Date: October 2004 Contact Name: Dan Fedewa Telephone Number: (813) 286-1606 Project Description: Construction of the site work for the new Bank of America Branch, project included underground utilities, earthwork, Grading, asphalt parking lot & concrete curb & sidewalks, Striping & signals 12 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Airport Blvd Utilities Owner/Client: City of Sanford Engineer/Architect: CPH Engineers Contract Value: $1,154,000.00 Completion Date: January 2005 Contact Name: Rocco Nasso, Project Manager CPH Engineers Telephone Number: (407) 322-6841 Project Description: Underground water and sewer mains Project Name: Fruitland Park Elementary School Owner/Client: AD Morgan Engineer/Architect: BRPH Architects & Engineers, Inc. Contract Value: $71,300.00 Completion Date: June 2004 Contact Name: Debbie Mockabee-Allen Telephone Number: (813) 832-3033 Project Description: Demolition on existing utilities (sanitary sewer & storm Sewer) clearing & grubbing, erosion control, mobilization Project Name: Tread way Elementary School Owner/Client: AD Morgan Engineer/Architect: BRPH Architects & Engineers, Inc. Contract Value: $500,000.00 Completion Date: June 2004 Contact Name: (813) 832-3033 Telephone Number: Tony Howard Project Description: Removing existing sanitary sewer, adding mobilization Clearing & grubbing Project Name: Beverly Shores Elementary School Owner/Client: AD Morgan Engineer/Architect: BRPH Architects & Engineers, Inc. Contract Value: $544,500.00 Completion Date: June 2004 Contact Name: Johnny Santos Telephone Number: (813) 832-3033 Project Description: Clearing & demolition (asphalt, curb & sidewalks), concrete Curb & flumes, storm drainage, sanitary sewer, water mains, Sodding 13 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Ridgecrest Loop & Crescent Subdivision Stormwater Project Name: Improvement Owner/Client: City of Minneola Engineer/Architect: Hartman & Associates Contract Value: $553,000.00 Completion Date: October 2004 Contact Name: Mark O'Dell Telephone Number: (352) 394-5330 Project Description: Roadway improvements, curb and gutter, paving and Storm drainage Project Name: CDBG Road Projects Owner/Client: City of Titusville Engineer/Architect: Honeycutt & Associates, Inc. Contract Value: $296,000.00 Completion Date: March 2003 Contact Name: Marie C. Engblom Telephone Number: (321) 383-5779 Project Description: Neighborhood road improvements, storm drainage, water mains, curb & sidewalk Project Name: Crenshaw School Owner/Client: First Baptist Church of Windermere Engineer/Architect: PBS & J Engineers Contract Value: $250,000.00 Completion Date: October 2004 Contact Name: Steve Marcereau Telephone Number: (407) 876-2234 Project Description: Site grading, sidewalks & drainage work Project Name: First Baptist Church of Windermere Owner/Client: First Baptist Church of Windermere Engineer/Architect: PBS & J Engineers Contract Value: $2,500,000.00 Completion Date: September 2004 Contact Name: Steve Marcereau Telephone No.: (407) 876-2234 Project Description: Site and infrastructure including but not limited to Waterlines, streets, retention ponds, utilities 14 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Seminole County Miscellaneous Sidewalks Owner/Client: Seminole County Engineer/Architect: None Contract Value: $1,500,000.00 Completion Date: December 2003 Contact Name: Jose Perez Telephone No.: (407) 665-8000 Project Description: Sidewalk repairs throughout county Project Name: Lake County Judicial Center Owner/Client: Lake County Engineer/Architect: Risdoli Sosa Architect Contract Value: $1,175,000.00 Completion Date: June 2004 Contact Name: Leeland Shelton Telephone No.: (352) 253-4948 Project Description: Reconstruct various easements of existing parking lot & retention pond Project Name: Central Avenue & Central Park Improvement Owner/Client: City of Winter Haven Engineer/Architect: Envisors Contract Value: $2,500,000.00 Completion Date: September 2004 Contact Name: Mike McMahon Telephone No.: (863) 291-5600 Project Description: Streetscape, water main & roadway construction Project Name: Blounts Ridge Road Dirt Road Paving Project Owner/Client: Brevard County Engineer/Architect: Russen Mauer Engineering Group, Inc. Contract Value: $633,000.00 Completion Date: January 2004 Contact Name: Harriet Raymond Telephone No.: (321) 617-7202 Project Description: Construct roadway, storm & swales 15 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Quail Hollow Pump Station Improvements Owner/Client: Orange County Engineer/Architect: Rockett & Associates Contract Value: $216,000.00 Completion Date: January 2004 Contact Name: Don Hatto Telephone No.: (407) 894-3804 Project Description: Replace existing sanitary sewer pump station with a new Project Description: Pump station for Orange County Utilities Project Name: Installation of Storm Sewer/Erosion Control (Brevard Owner/Client: County) FDOT Owner/Client: Florida Department of Transportation Engineer/Architect: Department of Transportation Contract Value: $215,698.00 Completion Date: January 2004 Contact Name: Jim Connelly Telephone No.: (321) 634-6592 Project Description: Installation of 60" storm drainage from 2nd street and US 1 Project Name: Construct Concrete Ditch Pavement (Marion County) Owner/Client: FDOT Owner/Client: Florida Department of Transportation Engineer/Architect: Department of Transportation Contract Value: $200,000.00 Completion Date: December 2003 Contact Name: Charlie Wells Telephone No.: (352) 620-7489 Project Description: Ditch paving on row Project Name: Bank of America — Waterford Owner/Client: Centex Construction Company Engineer/Architect: Kelly, Collins & Gentry Contract Value: $251,248.00 Completion Date: December 2003 Contact Name: John McNary Telephone No.: (407) 226-9819 Project Description: Site improvement, excavation, grading, utilities & roadway 16 Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description: Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description: GIBBS & REGISTER, INC. PR03ECT REFERENCES 2006 Edgewood Drive Roadway Improvements City of Lakeland TBE Group $2,142,056.00 March 2003 Greg James (863)834-6040 Roadway improvements, excavation, grading, roadway & Storm, drainage, water mains Pine Forest Park Lake County Lake County $188,000.00 December 2003 John Bringard (352) 357-2738 Excavation, grading, roadway landscaping/irrigation Project Name: CR -452 (Lakeshore Dr.) Widening & Resurfacing Phase II Owner/Client: Lake County Engineer/Architect: VHB — Vanbec Hangen Brustlin, Inc. Contract Value: $950,990.00 Completion Date: May 2004 Contact Name: Leeland Svielton Telephone No.: (352) 253-4948 Project Description: Reconstruct roadway, add storm & reconstruct swales Project Description: & driveways Project Name: Pennsylvania/ Lake Sue/Winter Park Road Corridor Improvement Owner/Client: City of Winter Park Engineer/Architect: City of Winter Park Engineer Department Contract Value: $540,480.00 Completion Date: December 2003 Contact Name: Joe Serrano Telephone No.: (407) 623-3292 Project Description: Pennsylvania, Lake Sue & Winter Park Road corridor improvements 17 Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description: Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description: Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description: Project Name: Owner/Client: Engineer/Architect: Contract Value: Completion Date: Contact Name: Telephone No.: Project Description GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Brevard County Schools Brevard County / 3D International 3D International $1,600,000.00 June 2003 David Cassady (321) 751-6898 Site work and grading associated with 10 schools Merritt Island Airport — West Apron Titusville -Cocoa Airport Authority Airport Engineering Company $380,790.00 January 2004 Brian Pendelton (321) 633-3034 Asphalt apron rehabilitation Lift Station No.2 Replacement City of Cocoa DCR Engineering Services, Inc. $419,000.00 September 2003 Peggy Turner (321)639-7678 Lift station replacement South Water Reclamation Facility Rehabilitation CDM/Sverdrup CDM/Sverdrup $5,107,099.00 July 2004 Roy Schultz (407) 903-0237 Existing treatment plant upgrade, structure upgrade IN GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Downtown Redevelopment Project Owner/Client: City of Inverness Engineer/Architect: BCI Engineers & Scientists, Inc. Contract Value: $939,976.60 Completion Date: August 2003 Contact Name: Ken Koch Telephone No.: (352) 726-2611 Project Description: Community development block grant downtown Redevelopment, roadway reconstruction, curb & sidewalk, storm drainage & water main Project Name: Cranes Roost Boulevard Widening Owner/Client: City of Altamonte Springs Contract Value: $1,128,452.00 Completion Date: November 2003 Contact Name: Nick McRay Telephone No.: (407) 571-8345 Project Description: Construction of new road, utility modifications and existing road expansion Project Name: Seminole Wekiva Trail r- Owner/Client: Seminole County Contract Value: $2,364,050.00 Completion Date: August 2002 Contact Name: Frank Van Pelt Telephone No.: (407) 665-5703 Project Description: 8 mile asphalt bike trail with paving, grading, drainage, exfiltration system, fishing piers, pedestrian traffic control, and signalization Project Name: US 90 Weigh Station Owner/Client: The Haskell Company Contract Value: $1,283,700.00 Completion Date: October 2002 Contact Name: Melinda Leahy Telephone No.: (904) 791-4500 Project Description: FDOT truck weigh station, earthwork, drainage, concrete, paving structural concrete, lift station, site utilities 19 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Name: Osceola Road Landfill Roadway Owner/Client: Seminole County Engineer/Architect: Metric Engineering, Inc. Contract Value: $491,000.00 Completion Date: August 2003 Contact Name: Al Tehrani Telephone No.: (407) 644-1898 Project Description: New road construction at the Osceola Road Landfill Project Name: LBV Daycare Owner/Client: Knuth Construction Contract Value: $63,450.00 Completion Date: September 2002 Contact Name: Dan Knuth Telephone No.: (407) 877-9991 Project Description: Site work excluding sewer system, potable water system, sodding, Seeding, mulching, landscaping and fencing Project Name: SR 15/600 (US 17/92) at South Park Drive Owner/Client: Florida Department of Transportation Contract Value: $262,821.00 Completion Date: October 2002 Contact Name: Kara Adams Telephone No.: (407) 482-7825 Project Description: Project consists of road expansion and signalization upgrades Project Name: Construction Package 5-14: LV8 Hardscape & Electrical Owner/Client: PCL Contract Value: $66,500.00 Completion Date: September 2002 Contact Name: Kit Wilburn Telephone No.: (407) 566-2326 Project Description: Construction of new sidewalks 20 GIBBS & REGISTER, INC. PROJECT REFERENCES 2006 Project Description: Water and Sewer Service to the Public Works Office Project Name: Complex Owner/Client: City of Ocoee Contract Value: $61,145.00 Completion Date: June 2002 Contact Name: David Wheeler Telephone No.: (407) 905-3100 Project Description: Installation of new water and sewer service Project Name: Ocoee Sidewalks Owner/Client: City of Ocoee Contract Value: $46,553.00 Completion Date: January 2002 Contact Name: Buddy Elmore Telephone No.: (407) 905-3100 Project Description: 3 year continuing contract installing sidewalks in various Project Description: Locations Project Name: New High School #1— Dr. Phillips/West Orange Owner/Client: Relief Owner/Client: Centex Rooney Construction Company Contract Value: $70,960.00 Completion Date: January 2002 Contact Name: Rick Romoser Telephone No.: (407) 226-9819 Project Description: Retention pond modifications Project Name: Altamonte Sidewalks Owner/Client: City of Altamonte Springs Contract Value: $16,000.00 Completion Date: December 2001 Contact Name: Roger Willis Telephone No.: (407) 571-8341 Project Description: 4 year continuing sidewalk installation contract Project Name: Altamonte Sidewalks Owner/Client: City of Altamonte Springs Contractor Value: $80,164.00 Completion Date: October 2000 Contact Name: Nick McRay Telephone No.: (407) 571-8740 Project Description: Continuing sidewalk installation contract 21 GIBBS & REGISTER, INC. VEHICLE/EQUIPMENT LISTING NUMBER OBTAINED LEASE/OWN YEAR/MODEL VIN # HE401 OWN CAT IT28 (TOOL CARRIER) 1HF02607 ^11 Aug -98 OWN KOMATSU PC300LC-6 EXCAVATOR 81275 2 Apr -99 OWN KOMATSU D41 -P TRACTOR B20810 h� . 4 Apr -99 OWN LAYMOR 6HB SWEEPER 24038 HE501 OWN HYSTER MODEL C530A ROLLER A91C3406C HE508 Apr -00 OWN KAWASAKI 80Z WHEEL LOADER 5649 HE509 Mar -00 OWN KOMATSU WA320 WHEEL LOADER A31092 HE510 Mar -00 OWN BELL B30B END DUMP 1703 HE511 Jun -00 OWN INGERSOL RAND ROLLER 150885 HE512 Jun -02 OWN CAT 420 D BACKHOE BLN02109 HE513 Nov -02 OWN CAT 12H MOTOR GRADER 4XM03339 HE514 Mar -03 LEASE CAT 938G LOADER 4YS02543 HE515 Nov -02 OWN BOBCAT T-300 521911112 HE516 May -03 LEASE CAT 262 SKID STEER CED01420 HE517 May -03 LEASE CAT 938G LOADER 6WS03751 HE518 May -03 LEASE CAT 330 EXCAVATOR DKY00818 HE519 Jun -03 OWN KOMATSU PC45 MINI EXCAVATOR 3167 HE520 Jun -03 OWN KOMATSU PC45 MINI EXCAVATOR 3249 HE521 Aug -03 LEASE CAT 12 H MOTOR GRADER 4XM03383 HE522 Aug -03 LEASE CAT 950 G LOADER AXX00157 HE523 Aug -03 LEASE CAT 928 LOADER 6XR02582 HE524 Sep -03 OWN LAYMOR RIDE ON SWEEPER (BROOM) 29567 HE525 Feb -04 LEASE HAMM 66" SINGLE DRUM ROLLER 50282 HE526 Feb -04 LEASE HAMM 66" SINGLE DRUM ROLLER 60487 HE527 Feb -04 LEASE HAMM 2200 56" ROLLER 45606 HE528 Feb -04 LEASE CAT 938G LOADER RTB00435 HE529 Feb -04 OWN HYSTER ROLLER 530 A91C2844 -530 Mar -04 LEASE CAT 314C BACKHOE PCA00241 Aug -04 OWN CAT 924G WHEEL LOADER DDA00900 h. A Aug -04 OWN CAT 928 LOADER DJD01009 HE602 Aug -04 LEASE CAT 321C EXCAVATOR MCF00200 HE603 Aug -04 LEASE CAT 120H MOTOR GRADER 6YN00251 HE604 Aug -04 LEASE CAT 938 G LOADER RTB00443 HE605 Oct -04 LEASE CAT D -5G RKG00729 HE606 Dec -04 LEASE CAT 287B RUBBER TRACK LOADER ZSA00387 HE607 Dec -04 LEASE CAT 307C EXCAVATOR BCM00810 HE608 Dec -04 LEASE HAMM SOIL STABILIZER 25-1215 HE609 Dec -04 OWN BOMAG TANDEM VIBRATORY ROLLER 202610131 HE610 Jun -05 OWN CAT CB634C ROLLER 3BR00444 HE611 Jul -05 OWN BOMAG BW202 ROLLER 621022 HE612 Aug -05 OWN BROCE RJ350 RIDE ON BROOM 404167 HE613 Aug -05 OWN RCH FORKLIFT TRV 6000 16347 HE614 Sep -05 OWN KOMATSU PC228 31572 HE615 Sep -05 OWN BROCE RJ350 RIDE ON BROOM 404278 HE616 Oct -05 OWN CAT 928 LOADER DJD01827 HE617 Nov -05 OWN CAT 304 MINI EX NAD03075 HE618 Nov -05 LEASE CAT 938G LOADER CRD01458 HE619 Nov -05 LEASE CAT 12H MOTOR GRADER CBK00538 HE620 Nov -05 LEASE CAT 321C EXCAVATOR MCF00607 HE621 Nov -05 LEASE CAT 928G LOADER DJD01773 HE622 Dec -05 OWN JD 650 CRAWLER DOZER 116009 HE623 Dec -05 LEASE 287 B SKID STEER ZSA01676 HE624 Dec -05 LEASE CAT 938G LOADER RTB01157 HE625 Dec -05 LEASE CAT 287 B SKID STEER ZSA01249 file: mydocs/misc/vehicles Updated: 2/1/2006 GIBBS & REGISTER, INC. VEHICLE/EQUIPMENT LISTING NUMBER OBTAINED LEASE/OWN YEAR/MODEL OE530 Feb -00 OWN ALKOTA STEAM GENIE �- 531 May -00 OWN TOWMASTER T-40 32 Apr -01 OWN ASPHALT ZIPPER W/ TRLR OE533 Sep -01 OWN LEGACY TRAILER OE534 Nov -01 OWN TOWMASTER T-12DD OE535 Oct -02 OWN JOHN DEERE GATOR - 6X4 OE536 Jun -03 OWN 1979 CLARK 6000 FORK LIFT OE537 Sep -03 OWN TOWMASTER T-12DD OE538 Aug -03 OWN TOWABLE LIGHT TOWER OE539 Nov -03 OWN AIR CURTAIN - BURNER OE540 Jul -04 OWN 10" WELLPOINT PUMP OE541 Jul -04 OWN 10" WELLPOINT PUMP OE542 Aug -04 OWN MULTI QUIP MIXER OE543 Feb -05 OWN XLD-816 TRENCH BOX OE544 Apr -05 OWN LOWBOY (TRAIL KING) TRL OE545 Jun -05 OWN VACTRON - PMD 550 OE546 Jul -05 OWN CONCRETE PUMP CE547 Jul -05 OWN BRICK FIELD CLAMP OE548 Aug -05 OWN PC204 SKID STEER ATTACHMENT OE549 Sep -05 OWN EAGER BEAVER TRAILER OE550 OE551 OE552 O E566 file: mydocs/misclvehicles Updated: 2/1/2006 VIN # 6X120000000000603 4KNFT19241L160420 100682 109FS10121UO21822 5D4EB12131G002440 4KNUT16262L161131 W006X4D007037 3552704160 4KNUT182441-160463 9909NLOP32 CP200281 4057 4059 CG752522 127595 1TKJ0513X5B030668 5HZBF16265LE51126 241209 RDG00212 2H8V32X5L070121 Mar -95 OWN STORAGE TRLR FLT5003GG Oct -05 OWN IR P185WJD PORTABLE DSL COMPRES,' 310878 Feb -98 OWN TEXAS TRLR BT40167 ai r -y P- Q) 0 A W� H O W Q a A U cn F A H W O A4 Gzl d O'^ F M O r- O O L1 C14 ON N r --I t• N .--I a,, C+" Cd U 'y W Q � � v O. N ^; N I U .Rr 1� A Cd a H Q R x r1 N Ln M 1 U ^ C4 Ln ' —I r -t N 't r4 11 tn r1 3 0 N N 00 N � M oo 01 -i 00 } U r^ to co ° h xo 0° b ? 3 y o ca E Ln lu t ^, F Oul ° a F cn O U Oax cn,a v, 3w o U � r-1 C:7 H O' {J O O O N 0 U P4 0 b N a P4 O 9. H H z 9H �i a P4 Q QI O W Pq In 1-+ rn b N H� z31 O �I R cis JOHN W. GIBBS, P.E. PRESIDENT PROFESSIONAL BACKGROUND • Registered Professional Engineer in Florida and Georgia • BS in Civil Engineering — Auburn University, 1972 • Entered the profession in January 1973 — Employed by: • CSX Transportation — January 1973 — May 1981 • Sverdrup Corporation — June 1981 September 1990 • Gibbs & Register, Inc. — October 1990 to Present SPECIALIZED PROFFESIONAL COMPETENCE • Project management of Parks, Industrial & Commercial Projects • Industrial Projects — Design and Design/Build • Structural Engineering • Civil and Sitework Design and Construction r-- • General Management of A/E & C.M. Offices REPRESENTATIVE PROJECT ASSIGNMENT CIVIL/SITEWORK CONSTRUCTION • See Gibbs & Register, Inc. Project Reference list. Mr. Gibbs served either as Project Manager or as the Project Executive on all Gibbs & Register projects since the founding of the company in 1990. Mr. Gibbs has served as a Project Executive or Project Manager for 12 parks and recreation projects totaling more than $ 11 million in value for 6 different Central Florida municipalities. INDUSTRIAL • Tropical Products, Inc. — Bradenton, Florida: Design Manager for Design/Build of Phase I & II of a$5 million Carton Filling Facility • Lykes Pasco — Dade City, Florida: Structural Engineer for Live Load Analysis of Existing Filling/Case Packing Mezzaine • Nabisco Brands, Inc. — Naperville, Illinois: Project Executive for Design of $3 million Oven Line Expansion N:\Company Files\Resume\John W. Gibbs.doc • Winn-Dixie Stores — Jacksonville, Florida: Project Executive, Project Manager and Structural Engineer for Design of Over 20 Distribution Warehouses and Food Plant Facilities Projects throughout the Southeastern United States. These projects range in construction value from $50,000 to $20 million. • NASA — Kennedy Space Center, Florida: Project Executive for Design of a $2 million Solid Rocket Booster X - Ray Facility • Union Carbide — Woodbine, Georgia: Project Engineer/Structural Engineer for Design of a $3 million Pesticide Recycling Facility • RAILROADS • CSX Transportation Company — Jacksonville, Florida • Design Manager for Design/Build of a $30 million Railroad yard expansion in Corbin, Kentucky. This project included Extensive Planning, Sitework, New Unit Coal Train Yard, Locomotive Maintenance Facility, Locomotive Servicing Facility and an Industrial Waste Treatment Plant. • Design Manager for Design/Build of $10 million Locomotive Maintenance Facility in Waycross, Georgia • Design Manager for Design/Build of $3.5 million Centralized Dispatching Facility for all CSX Train Dispatching within the Southeastern United States. • Project Manager and Structural/Site Design Engineer for Design of a $4 million Car Repair and Locomotive Servicing Facility in Lakeland, Florida. • Project Manager and Structural/Site Design Engineer for Design of a $3 million Car Repair Facility in Waycross, Georgia. • Structural and Sitework Design Engineer for numerous projects throughout the Southeaster United States. • AMTRAK/Long Island Railroad Joint Venture — New York City, New York • Consulting Engineer for Design of a $20 million Centralized Train Dispatching Facility Adjacent to Penn Station • COMMERCIAL • Lockheed Space Operations Company — Titusville, Florida: Division Manager Responsible for Design/Build of $3.5 million, 3 story 87,000 SF Office Building N:\Company Files\ResumeVohn W. Gibbs.doc • Trammel Crow Company — Orlando, Florida: Division Manager responsible for Design/Build of $4 million, 4 — Level 1,000 Car Parking Garage for the Maitland Summit Office Tower project. • McDonnell Douglas Realty Company — Titusville, Florida: Division Manager responsible for Design/Build of a $5 million, 82,000 SF 4 Story Office Building. • Dunbar Corporation — Tampa, Florida: Division Manager responsible for Design/Build of a $3 million, 60,000 SF Medical Office Building. • Convention Center — Orange County, Florida: Division Manger responsible for Design/Construction Administration of $55 million, Phase II Expansion of the Convention Center. • CRIMINAL JUSTICE • Palm Beach County, Florida: Project Manager for Program Management of a $75 million Jail Program for Palm Beach County including a 1,000 bed jail addition. • State of Florida — Department of General Services: Project Executive for Construction Manager of a $26 million State Prison in Orange County, Florida. ENVIRONMENTAL • City of Gainesville — Gainesville, Florida: Structural Engineer for a $4.5 million Expansion to Kanapana Wastewater Treatment Plant. • CSX Transportation — Jacksonville, Florida: Design Manager and Structural/Civil Engineer for Several Industrial Waste Treatment Plants and Pollution Control Facilities and Structures. • City of Haines City — Haines City, Florida: Project Executive for Design of a 1 MGD Treatment Plant Expansion and Several Water and Sewer Line Projects. • City of Orlando — Orlando, Florida: Project Executive for Design of Orlando Airport Sewer Force Main Project. • City of Kissimmee — Kissimmee, Florida: Project Executive for Design of $4 million, 1.5 MGD Expansion of the Parkway Sewage Treatment Plant. • City of Palm Coast — Palm Coast, Florida: NXompany Files\ResumeVohn W. Gibbs.doc Project Executive for Design of a 1 MGD Expansion to an existing sewage treatment plant. • PORTS AND HARBORS • Gulf — Tampa Dry Dock — Tampa, Florida: Project Engineer for Barge Repair Facility Feasibility Study at the Port of Tampa. • Glynn County, Georgia: Project Manager and Structural Engineer for Pier Modifications on St. Simons Island for 100 Passenger Cruise Liners. • St. Johns River Water Management District — Palatka, Florida: Project Manager and Structural Engineer for Burrell Lock Condition Evaluation and Study. • TRANSPORTATION • Orange County, Florida: Project Executive for Design of a 3 mile four lane widening of Apopka -Vineland Road. • Orlando — Orange County Expressway Authority — Orlando, Florida: Project Executive for Design of a 3 mile extension to Easterly - Extension of the East-West Expressway in Orange County. • FDOT, District 5, Deland, Florida: Project Executive for Multiple Bridge Widening Project on Interstate 4 in Orlando, Florida. • City of Orlando, Florida: Project Executive for preliminary Design of a 4 lane Bridge Widening Project on Vineland Road over the Florida Turnpike. MEMBER • National Society of Professional Engineers • American Society of Civil Engineers • Construction Institute, ASCE NXompany Files\ResumeVohn W. Gibbs.doc Theodore P. Ferguson, III 3543 Halegate Court, Oviedo, Florida 32765 407-971-9752 Over twenty five years experience in Supervision/Management. Innovative and aggressive leadership style. Excellent interpersonal, communication, negotiation and bargaining skills. Adept at organizational structuring, including time sensitive scheduling. Ability to maximize manpower usage. Skill in maintaining and monitoring budget requirements. Excellent attention to detail. Fluency in Spanish and a positive attitude. PROFESSIONAL EXPERIENCE Archer Western Contractors Project Manager: April 2004-September2005 Responsible for $75 million Highway Project widening 5.8 miles of I-95 in West Palm Beach, Florida. The work included the reconstruction of 4 bridges, the widening of 2 bridges over SR710 and CSX Railroad. The work also included 4 box culverts, soldier pile and lagging walls with a concrete fascia, permanent sheet piling and 4 miles of gravity wall. Other improvements consist of drainage enhancements, soil stabilization, limerock base, paving, barrier wall, signing and pavement markings, lighting, landscaping, irrigation and communication elements. Successfully submitted and closed $2.5 million worth of Value Engineering Proposals. Martin K. Eby Construction Co. Operations Manager Southeast Division: December 2001 -April 2004 Responsible for Operations of all projects in the state of Florida. Oversight of 5 Project Managers, Safety Director and Equipment Manager. Annual volume of approximately $95 Million dollars worth of work. Projects include Heavy Highway, Roads, Widening, Bridges, Rest Areas and Misc. Design Build Projects ranging from $4 million to $75 million dollars in size. APAC Virginia Division Executive Vice President: October 2000 — Dec. 2001 VP of Operations: July 1998 — Oct. 2000 Responsible for leading Grade, Utility, Bridge, Slipform and misc. Concrete Operations. Division required organizing and restructuring to include new safety, cost/budget systems and better usage of equipment and manpower. First year reduced manpower by 19% while increasing revenue by 23%. Promote teamwork through using management team in bid process, scheduling training and setting up 5 -year strategic plan. Revised 6-23-05 APAC — Knoxville, Tennessee Project Manager Bridge & Structures February 1996 — July 1998 In charge of Structures and misc. road projects for one of the largest Highway Contractors in the United States. Successfully bid, procure and build various roads and bridge projects in East Tennessee. Responsibilities include estimating structures, personnel, engineering, equipment, costs, and construction of work. W. L. Hailey Construction Company, Birmingham, Al. December 1994 — February 1996 Structures Superintendent. Direct construction of concrete structures for tunnel and sewer project. Supervise reinforcing, formwork, miscellaneous metals and concrete placement for structures. Direct hiring and supervision, material purchasing and coordination of all work related to this area. Prepare weekly progress reports on labor and material costs. Traylor Bros., Inc. Biscoe, Ark. May 1994 — September 1994 Carpenter Superintendent. Supervised construction of cofferdam installation, formwork, reinforcing, and concrete placement for bridge rehabilitation and replacement. Atkinson International — San Felix, Venezuela October 1991— May 1994 (Macagua II Hydroelectric project) Carpenter Superintendent. Directed construction of mass concrete pours for powerhouse and control center. Coordinated with other crafts to meet work schedules and maintain productivity. Scheduled material, manpower, and appropriate placement to meet schedule and compliance with plans and specifications. Atkinson-Kiewit (Joint Venture), Jamestown, RI September 1989 — October 1991 Carpenter Superintendent — Jamestown Bridge Project. Supervised employees on completion of substructure and superstructure of Jamestown Bridge Project. Ensured and maintained compliance with all plans and specifications. Supervised footing, pier shaft, pier cap, pier segment, and closure construction. Field Engineer, Jamestown Bridge Project. Responsibilities included form design, material take -offs, job scheduling, and weekly progress reports on labor and material costs. Maintained weekly reports of quantities for payment purposes. Traylor Bros., Inc. Jamestown, RI August 1988 — September 1989 Field Engineer/Superintendent. Jamestown Bridge Stabilization Project. Supervised substructure cofferdam construction. Prepared weekly progress reports on labor and material costs, highlighted material needs. Revised 6-23-05 2 Synopsis of Additional Work Experience: Construction Inspector, Maquire Group Engineers, Jamestown Bridge Project (1987-1988) Superintendent/Estimator. American Pile Driving Corporation, Providence, RI (1980-1987). EDUCATION Courses toward Bachelor of Science in Civil Engineering University of Rhode Island, Kinston, RI 1984-1985 Course in Civil Engineering Community College of Rhode Island, Warwick, RI 1982-1984 2004 FMI Leadership Institute 2000 APAC Leadership Training Program 1997 Dale Carnegie Revised 6-23-05 3 DAVID R. BORCHERT VICE PRESIDENT PROFESSIONAL EXPERIENCE Gibbs & Register, Inc. — Winter Garden, FI 2002 - Present Chief Estimator/Senior Project Manager Responsible for all estimating and project management in the central Florida area for projects involving earthmoving, roadway and underground utility construction, for municipalities. Ryan, Inc. Eastern — Winter Garden, FI 2001-2002 Chief Estimator/Senior Project Manager Responsible for all estimating and project management in the central Florida area for projects involving earthmoving, roadway and underground utility construction, for municipalities and private developers. • Implemented cost tracking and estimating procedures resulting in a higher level of management • Review and approve all purchase of $500 or more • Revamped estimating system (HCSS) to match the job costing system Bergeron Land Development, Inc. — Kissimmee, FI 1992-2000 Construction Manager Responsible for all central Florida area projects involving earthmoving, roadway and underground utility construction, for the Florida Department of Transportation, local municipalities and private developers. • Supervised a staff of 4 Project Managers 2 Estimators and Field Supervisors with field staff of approximately 100 employees • Implemented cost tracking procedures for project management • Successfully submitted and received approximately 4 million dollars worth of claims on FDOT projects. S & B Site Development, Inc. — Ft. Meyers, FI 1989-1991 Vice President Responsible for Southwest Florida area projects involving earthmoving, roadway and underground utility construction, for private owners and general contractors. NACompany Files\Resume\David R. Borchert.doc Better Roads, Inc. — Naples, FI 1984-1989 Division Manager Responsible for Southwest Florida area projects involving earthmoving, roadway and asphalt construction, for the Florida Department of Transportation, local municipalities and private developers. A.J. Johns, Inc. — Jacksonville, FI 1981-1984 Estimator Responsible for job costing & quantity takeoffs, scheduling materials deliveries, preparing contract documents and purchase orders for projects in the north Florida area, involving earthmoving, roadway and underground utility construction, for municipalities and private owners. Field Supervisor Responsible for field supervision of 5 to 6 projects at a time for the north Florida area, involving earthmoving, roadway and utility construction for municipalities and private owners. Flood Associate, Inc. — Jacksonville, FI 1979-1981 Engineering Technician Duties involved design review, project quantities and surveying for major highway projects in Florida area such as Dames Point Bridge southern approach and interchange in Duval County and US19 reconstruction in Hillsborough County. H.D.W. Houdaille, Inc. — Jacksonville, FI 1978-1979 Estimator Duties involved quantity, costing for paving and earthwork projects, prepared contract documents. St. Johns County Engineering Dept. — St. Augustine, FI 1976-1977 Engineering Technician Duties involved drafting, surveying and right of way deed research for county road projects. EDUCATON Associates Degree in General Engineering Various construction law management courses COMPUTER SKILLS HCSS, Agtek, Sure Track and Primivara Scheduling, Microsoft -Word and Excel N:\Company Files\Resume\David R. Borchert.doc DOUGLAS E. THOMAS EDUCATION /TRAINING: Excavation and Trenching Safety Course, March 1997 Maintenance of Traffic-Workzone Level III Training, March 1997 USMC — Fort Leonard, MO, February 1981 -March 1981, Heavy Equipment Operator Training Jefferson County Vocational Tech, Ohio, 1978, Carpentry Graduate, Buckeye South High School, Ohio, 1978 BACKGROUND/EMPLOYMENT: November 1994 — Present, Gibbs & Register, Inc. initially hired as an equipment Operator, promoted to a foreman's position in March 1996, promoted to Superintendent in 1998, and General Superintendent in 1999. November 1992 -November 1994, Kearney Development September 1991 -November 1992, McDaniel Grading, Inc. June 1985 -January 1991, B.G. Danis Industries, heavy highway contractor November 1980 -November 1984, United States Marine Corp. PROJECT EXPERIENCE (G&R) R.D. Keene Park, a $ 800,000 park and boat ramp project for Orange County. Site Superintendent for a 1/2 mile long roadway, artificial wetland, 50 -space parking area for boats and trailers and landscaping on a 30 -acre site on the Butler Chain of Lakes. West Orange Trail — Phase III: General Superintendent for the construction of the $ 2.3 million West Orange Trail project for Orange County in Apopka, FI. Project included a trailhead park with 3 buildings, landscaping, hardscaping and 5 miles of 14 ft wide multi-purpose pedestrian/bike trail. The trail included a 400 ft. long wooden bridge several thousand square feet of Keystone architectural retaining wall. Seminole Wekiva Trail: General Superintendent for $ 3 million nature trail for Seminole County. Project included eight miles of 14 ft wide multi-purpose pedestrian/bike trail, wooden lake overlook piers, several thousand square feet of Keystone architectural retaining wall, information kiosks, and pedestrian protection signalization improvements. NXompany Files\Resume\Doug Thomas.doc Kirkman Water Treatment Plant (Design/Build), a $1,100,000 subcontract to the Sverdrup Corporation's Design/Build contract for Orlando Utilities Commission. Project included sitework construction for improvements to the existing wastewater treatment plant including site demucking, retention pond, 8" to 30" ductile iron yard piping, site paving and entrance improvements. Mr. Thomas was the site superintendent. Southeast Orlando Water Treatment Plant (Design/ Build)., a $ 1 million water treatment plant for Orlando Utilities Commission. Project included sitework construction for improvements to the existing wastewater treatment plant including earthwork, retention pond, 8" to 42" ductile iron yard piping, site paving and entrance improvements. Mr. Thomas was the site superintendent. NACompany Files\Resume0oug Thomas.doc JOHN KULICK OBJECTIVE: To utilize my previous work experience and acquired training by obtaining a challenging position with a progressive company, that will enable me to grow professionally while being a profitable investment to my employer. RELATED CAPABILITIES Read Blue Prints Survey & Shoot Elevations Concrete - Placement Carpentry - Rough & Finished Finishing and Themeing Landscape and Irrigation Experienced in Civil & Sea Walls and Stairs Roadway Construction Computer Literate Underground Utilities OSHA Certified EDUCATION: 3/2002- 6/2002 9/1974- 6/1979 EXPERIENCE: CAM Tech School of Construction General Contractors State Exam - Passed Osceola High School - Graduated Gibbs & Register: 10/2003 -Present Concrete Superintendent Responsible to oversee all aspects of concrete and street-scape projects, coordinating electrical, landscaping, irrigation subcontrators. Presently, working on Central Avenue streetscapes project in Winter Haven FL, 10 city blocks of paver sitewalks, stormdrains, watermains, roadway improvements. Valley Crest: 1/1999-10/2003 General Superintendent Responsible to oversee multiple projects at one time. Immediate duties consist of scheduling, labor, material and equipment dispatch for hardscape, landscape, irrigation, and themeing. Reporting for production, labor and recovery rate. Problem solving and liaison to city officials for permits and traffic control. Projects in Orange County: History center, Hardrock Hotel, Royal Pacific Hotel, High schools 1 & 2 Orange County. N:\Company Files\ResumeVohn Kulick.doc Site Scapes: 1996-111999 Assistant Superintendent Responsible for scheduling, labor, material and equipment dispatch. Self -performed exposed aggregate roadways for the Orlando downtown Lymo Project. Oversaw the paver contractors, electrians, landscapers. Some of our other projects were streetscapes for Disney's Celebration and the downtown beautification in Douglas Georgia. Metric Constructors: 1993-1996 General Foreman Oversaw multiple crew for 12 structural buildings at Port of Entry in Universal Studio's. Concrete Superintendent at Caine Island power plant and Debary Power Plant. Previous employment & references available upon request. NACompany Files\ResumeUohn Kulick.doc GIBBS & REGISTER, INC. 530 South Main Street Winter Garden, Florida 34787 Telephone: (407) 654.6133 Facsimile: (407) 654-6134 BRIEF HISTORY OF G& R Gibbs & Register, Inc.(G&R) was founded in 1990 by John Gibbs, Gary and Joanne Register. John Gibbs, the company president, is a civil engineer and is a registered professional engineer in the State of Florida and a graduate of Auburn University. Gary Register, vice president, is a graduate of the University of Florida in building construction and is a certified general contractor in the State of Florida. Joanne Register, secretary -treasurer, is a graduate in accounting from Valdosta State University. After 2 years of performing primarily engineering services and some building construction, G&R began in 1992 focusing primarily on civil and site work construction services for municipalities in Central Florida and that has been the company's strategic thrust from that point up to the present time. Our company has performed hundreds of projects over the past 15 years for key clients such as Orange County, City of Orlando, Seminole County, City of Altamonte Springs, City of Ocoee, City of Winter Garden, City of Kissimmee, City of Longwood, Lake County, Brevard County, school boards of Orange, Volusia and Brevard Counties and FDOT. In addition to our work for the above clients we have also performed as a subcontractor for numerous nationally -recognized construction management and Design/Build firms such as Jacobs/Sverdrup, Turner Construction, Centex -Rooney, and The Haskell Company. All the above clients are repeat business clients. Our company has grown to a current annual sales volume of in excess of $ 32 million. This growth has been fueled by an emphasis on high-quality services that are delivered in a timely fashion. Our company emphasizes safe construction practices and we have strived to make our jobsites safe working environments for our employees. John Gibbs' philosophy is that "We want to treat our employees, our clients, our suppliers and our subcontractors the way we would want to be treated individually." The implementation of this philosophy in the way we go about our business has resulted in a low turnover rate in our office and field work forces. Our low employee turnover rate, we believe, has resulted in the high-quality services that we strive for and also the repeat business that we have generated year after year. Some of our key areas of expertise are, lift stations, water and wastewater treatment plants, urban roadways and streets, school sites, specialty projects using unique geotextile materials, airports, parks and recreational facilities, multi-purpose trails (linear parks), continuing services contracts for sidewalks, curbs, driveways and utilities projects. NALetterMISTORY OF G&R.doc Continuing Miscellaneous Concrete Construction Services Project References 1) Project: Seminole County Misc. Sidewalks Client: Seminole County Completion Date: December 2002 Contact: Mr. Jose Perez Telephone: 407-665-8000 ext 5611 Project Description: Sidewalk repairs through out the county 2) Project: Altamonte Sidewalks Client: City of Altamonte Springs Completion Date: Complete Contact: Mrs. Barbara Kiser Telephone: 407-571-8080 Project Description: Continuing sidewalk installation contract. 3) Project: Client: Completion Date: Contact: Telephone: Project Description: Lakeland Miscellaneous Concrete Repairs City of Lakeland August 2005 Mr. James Smith (863) 834-6040 Continuing sidewalk installation contract. P.u,g,95. 2005-10:11AM1 Brov(n & Brovin Inc No -5982 P- 2— ACO..R._D_,_ CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDNYI ) GIBES -1 08/25/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Daytona Beach Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O B 2412 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ox Daytona Beach FL 32115-2412 Phone:386-252-9601 Fax:386--239-5729 INSURED GIBBS & REGISTER INCj J REGISTER COMPANY INC 530 S MAIN ST WINTER GARDEN FL 34787 r-nv�uer_�� INSURERS AFFORDING COVERAGE NAIC # INSURER A. WESTFIELD INSURANCE CO 24112 INSURERW. BRIDGEFIELD EMPLOYERS 10701 INSURER C. INTERSTATE FIRE & CASUALTY INSURER D: INSURER G THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TNC INSURED NAMCD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY'S DESCRIBED HEREIN IS SUBJECT TO ALL THIS TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. % - - ZW POLICY 1_�XPNM LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER PDOANONE49 DATE MMIDD GENERAL LLMILIIY EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL GENERALUABILI)Y 03656715 05/01/05 05/01/06 upREMIEE S( aoar,Enuenoe) $150,000 MED EXP (Any one person) $10,000 CLAIMS MADE a OCCUR PERSONAI. 8 ADV INJURY $1,()00,000 GENERAL AGGREGATE $1,000,000 PRODUCTS -COMPIOPAGG $1,000,000 CE_N'L AGGREGATE LIMIT APPLIES PEFL POLICY X F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMI I $1,000,000 000, 000 A X ANYAUTO C1�T3656715 05/01/05 05/01/06 (Ea accident) - _ _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Peraecidenl)_ X COMPREHENSIVE $500 DIU) PROPERTY DAMAGE $ X COLLISION $1,000 DED (Per accident) GARAGE LIABILITY AUTO ONI Y - FA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO AUTO ONLY' AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE A X OCCUR 0CLAIMS MADE CHM365671.5 05/01/06 05/01/06 AGGRFGATF $1,000,000 $ DEDUCTIBLE $ RETENTIONWC $ WORKERS COMPENSATION AND U- I I OTH- X TORY LIMITS I ER E.L. EACH ACCIDENT 500, OOO B EMPLOYERS' LIABILITY 83032531 07/01I05 07/01/06 ECUTN£ ANY OFFICERIMEMBEREXCLUDED? E.L.DISCA.SE-CA EMPLOY.- _$ _A-__ $ 500,000 It SPECIAL Es, describeCALPRO undePROVISIONS SPECIAL. PROVISIONS br,Iow EL. DISEASE - POLICY LIMIT $500,000 OTHER A INSTALLATION C 43656715 05/01/05 05/01/06 INSTAR-. $1,500,000 & EQUIPMENT EQUIP* $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES 1 EXCLUSIONS ADDEO UY ENDORSEMENT/ SPECIAL PROVISIONS CANCELLATION: EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PRSI-mlm *LASED/RENTED EQUIPMENT -- SPECIAL FORM/$1,000 DEDUCTIBLE C: EXCESS UidREI'.LA #M6204164 05/01/05-06 $5,000,000 OCC/AW CERTIFICATE HOLDER FO1RZNO1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE7(PIRATI01 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 . DAY$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE Tb DO SO SHALL FOR INFORMATION ONLY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. TTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES ATIVE � J1 1988 rn _ d o o � i 0 M N co W`. O . .. E .. U'' a Z O a WH z a�H W Ua a AIM ON Hw f4 � • a� zz OH HM O P4 H Mza ,.. w . a- W� �- C� m g oa> w� m a. } WH H`�< H Ot LL H Q O d O: q I w M H" z LW- H www yW Q H 1Y f i HO V' � M J ,7, Lu MH CO 11 A U .4-1 E 'H.' L- Q w t�,. wo ra Wx ' M $4 cdow>� r R .0%D W W rn cv a+o M o �0E-t OE -4 H O .9 N Z O::. H pq I :W U a HH o(nWrcgn., Zo H Ej xH oM NH'MO UW Ha t,'pwz Zw IL) a N ,-c F4 O 4 U F -I F-) P4 w ,n 0 •ri H M;, .. aH cra m ••ao m A o rx •r1 0� P4 . W . x �� H O rwHP� rn Ua O� H a H c0o` I 00 zU,Mr-I wwm 0 � 3W�OHA; Hw A OCD ,q ui O m > .0 >+ E+ H W 0 0 z 0 W xa N o o MR w.0 riM E a.HO Mo j ff M LS O 00 c}- �- LO a N A .0 4.) H >4 0,-' ' 1d .. O P$ P4 •d � to M cry v] W pq W W r , 19N W4 Pi �. c N a as W LS 4 coo A N •d•Nw'z 24)]Ur .A W HO HMH N F4+z0W—U Oma LO Q U o w N o � N 0 M N co O W a a a�H W Ua ON Hw AM W ao0 zz H Hto g Q w� } WH as Q O wa w LL H LL O�w Lu MH rn HoaMH $4 R .0%D G4 U W rn cv a+o M o _� A OE -4 Z O .9 N N U M Zo H Ej xH oM w IL) a u0W x •• rn Ua O� H a w o, zU,Mr-I wwm A ,q ui O m > .0 >+ E+ H o UH old �Ha oa3a 00 LO �O 19N W4 Pi �. c r 1 N Wa)A•,q z 4J4.1 a as W LS 4 coo A Co .A W N LO U o L m Q) -ri H m cM W O -0 --J,• N ra 'vaG to H h U T CD oD .Sy RS iii H Z A W w O� C) _ tn z� 1 LL z 0 0 U N u K t- I It H W � U Q c� rn F~ o C 0 0 Z r d 10 R' w a' iu N • � LL I a c M to V y w NU 1 0) O f C g N U_ r to W V) ;Q o 2 w N c p M U Zoz Q c.) 41 z o w N (n c7 U) cc _ N U r O • N o a Z :. rA a F y.! n L �•G O V Gi% O WCIO ai LL, co c: uo aUwa9Q Q C 0 L n m o03 • Q ISi ..� V c, U M d :cs O J u. _ O w O v, Q A (D c m tII cc a.+ ° o z w a c -- a) o u z d 3 U -co w G1 Cl w H CL 0 ° C1 j p O w N o tll Ln W 4+ Z �1 C7Q� w Orn � c> N 1 rn LU -i Q oC -i N w I c> o a o n W ca °a�[C = �O CD Q CD C] rn N ►•LU 0 � � � C m� H 00 z 0 U. C7 o u Q o O o m M t U) +-� v, W ch >- C7cT> y Q tx0 q � Z LO !� o OD (D ;N lts L N cc � aj ow 1•i h N r UP�i ' r. Y�io i M„.r r+llfl ; FLORIDA STATE BOARD of PROFESSIONAL ENGINEERS CERTIFICATE No. EB- 0 0 0 5 8 0 7 CERTIFICATE OF AUTHORIZATION PERMITTING INDIVIDUAL REGISTERED PROFESSIONAL ENGINEERS TO OFFER PROFESSIONAL SERVICES TO THE PUBLIC THROUGH A CORPORATION, PARTNERSHIP, FICTITIOUS NAME OR ASSOCIATION. WHEREAS GTHBS& REGISTER CONSULTING, .INChlx. HAS MET THE REQUIREMENTS OF CHAPTER'471023, FLORIDA STATUTES, $ FLORIDA STATE BOAAb OF PROFESSIONAL ENGINEERS' AUTHO OS THE SAID. ;CORPORATION f n , RING mss_ TO OFFER TO THF, PUBLIC, PROFESSIONAL- ENGINEE SERVICES OF T1Yry jPOLIA,'WTNG LISTED,INDIVIDUALS: JOHN W. GIBBS ° u #PE0024645 'M iWWI F Fq it• � c 3� x YI .d JIT J B ypx ' {Y + z' IN TESTIMONY WHEREOF, WITNESS THE SIGNATURE OF THE DIRECTOR UNDERSEAL OF THE BOARD THIS 3rd DAY OF October 1990 [SEAL] DIRECTOR Wevartment f Otatt I certify from the records of this office that GIBBS & REGISTER, INC. is a corporation organized under the laws of the State of Florida, filed on September 13, 1990. The document number of this corporation is S02325. I further certify that said corporation has paid all fees due this office through December 31, 2005, that its most recent annual report/uniform business report was filed on April 29, 2005, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EC22 (2-03) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Thirtieth day of April, 2005 to fir_ ���iY�-�•�tz�a-}� nf��t tie a psi t3 C) lllz�l LU UL C6QCi C%j 0 ZZ x LU - *1111 j� . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 i HUFFMAN, REX D I - GIBBS & REGISTER INC 530.8 MAIN ST WINTER GARDEN FL 34787 0 (850) 487-1395 I k ST, PME-'OF FLORIDAs-:-- 21D29: DEPART== 6i'aitmmEss Aam EGULATION PRoussxow.LL--'a� CUC1224108 08/:L6/05 0501:3049: CERT UNDERGROUND a .1EXCAV MWR nUFFUUT, REX D GIBBS & REGISTER INC IS CERTIFIED under the* of Ci : '4:89 expiration datat;'AUG 31, :2.0.Q6' DETACH HERE 2 13 2 9 6 6 LICENSE VBR --,,ST-AJTE----0E.FLRj-.1QX 0501.30491 - 50130491 61&22 :_ j�_,,_ 'z all, ""V.e. kiG&AITZ ONS?'- 7. FS! P EW-bskt 31, 2006 cCfoNSTATIC1,11% 'vz F3 0 �qools LICENSE VBR 08/1.6/2005 0501.30491 - 50130491 61&22 :_ j�_,,_ The Umr-P-Gizou= UTIL1-t.Y-�&-.-",E5[CXVAT10N CO' --*-*- Named below is cmauitib Under 1.6.!E the provisions FS! Er,piration date: AUG 31, 2006 71UFF Mh-UNG*.--'- REX .-D. - RECxSTER INC 530 S MAIN ST WINTER GARDEN, FL .347.87 MARq T I Y, L Z R, 4.1 'z-' 'SIM ONE MARq T I Y, L Z R, 13 t3 tO;z ot U- < ® o W "' 2 RLL. � b bA Ey U � ,p a CU �� U O Cd Q , A ' LLJ M •W2 j � w � 0 ao � A o °= CC3 p U U o a 13 t3 tO;z ot GIBBS & REGISTER, INC. 530 South Main Street Winter Garden, Florida 34787 Telephone: (407) 654.6133 Facsimile: (407) 654.6134 February 14, 2006 City Clerk's Office City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Reference: Possible Conflicts of Interest To Whom It May Concern: The purpose of this letter is to inform the City of Cape Canaveral of potential conflicts of interest that Gibbs & Register may or may not have at this time. Gibbs & Register does not have any conflicts of interest with any of our employees and city of officials. Also, Gibbs & Register does not anticipate any potential conflicts in completing the above referenced concrete work. As stated in our letter of interest we currently have four full time concrete crews as well as six full time pipe crews, all of which routinely travel throughout the Central Florida area. Our workforce would allow us to respond in an efficient and timely manner. The city would have one designated project manager, as well as one concrete superintendent assigned to this project in order to help facilitate construction Gibbs & Register looks forward to the opportunity to work with the City on this project. Sincerely, 44", ')� /-4A Joh i W. Gibbs President Gibbs & Register, Inc. N:\Proposal(s)\PREQUALIFICATION TRACKING LOG\Possible Conflict Letter.Cape Canaveral.doc DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS — In accordance with F.S. 287.087, preference shall be given to businesses with drug—free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug—free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug—free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug—free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 4VNb0MR'S S SIGNATURE tt, February 16, 2006 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Subject: Letter of Interest for Miscellaneous Concrete Construction Services Gentleman, We would like to express our interest in working with you on the Miscellaneous Concrete Construction Services. Attached you will find the following: 1. Firms qualifications 2. Resume of technical staff 3. Qualifications and history of firm 4. Similar Projects 5. Insurance 6. Contractors license 7. Disclosure of possible conflicts of interest 8. Drug-free certificate 9. Engineering License If you need any additional information please call me at 321-438-1879. Sincerely, A,, (,Z/�t Dale Mudrak, P.E. FL PE # 42669 r h t Fl _. of Mudrak Engineering and Construction Company Y Firm Qualifications Number of Full time Employees- 6 Vehicles- Three %.-ton pickups Two % ton pickups Equipment- Back -hoe Bobcat (864) Flat bed trailer Dump Trailer Tool Trailer- concrete saws, hammer drills, carpentry tools, ect Completed Projects Lake Cane Marsha Park- 2000 ft of 8 -foot wide concrete sidewalk Blanchard Paris- 20 concrete picnic pads, curbing Volusia County- 40 by 80 feet Equipment building Seminole County- Concrete piers around service station Midway drainage improvements Orange County — Asphalt, handrail, erosion protection, canal grading at West Orange Bike Trail Cypress Grove Park- 6000 square feet of concrete St. Andrew Christian School- Sidewalks and handrails Resume Dale V. Mudrak P.E. 21522 Hobby Horse Ln. Christmas Fl. 32709 EDUCATION: 1985 Bachelors of Science in Engineering(Civil) University of Central Florida PROFESSIONAL: 1990 State of Florida, Professional Engineering License # 42669 2001 State of Florida Certified Building Contractor # CB -C060403 Member of American Society of Civil Engineers WORK EXPERIENCE: July 2001 -Present, President of Mudrak Engineering and Construction Company 1995 -Feb, 2002, Orange County, Parks and Recreation Division, Senior Engineer Supervise staff and consultants in design and construction of park projects. Projects include trails, bridges, buildings, utilities, road improvements and Drainage improvements. Prepare CIP budget and operating budget for section. Also public presentations and coordinate with other government agencies. Annual Budget $8,000,000. 1993-1995 Orange County, Highway Construction, Engineer III Supervised staff and consultants in the preparation of construction plans and permits for roadway, bridge and drainage improvements type projects. Also supervised contractors in the construction of these projects. 1989-1993 Orange County, Engineering Department, Engineer HM Reviewed subdivision, roadway, and commercial plans for compliance with county and state regulations. Assisted in management and inspection of construction of projects. Projects included roadways, subdivisions, retention ponds, canal modifications, drainage improvements, intersection improvements, utilities and commercial projects. 1987-1989 Orange County, Stormwater Management Department, Engineer I Prepare drainage studies and reports on drainage canal systems, retention ponds and other drainage structures including drainwells. Supervise the preparation of construction plans for drainage and roadway improvements. 1985-1987 Universal Engineering Testing Company, Staff Engineer Supervise drillings crews, lab technicians, field personnel and engineering technicians in the preparation of engineering reports and material testing. Projects included soil, concrete and asphalt testing, roadway resurfacing, pavement restoration, bridges, pile driving inspection, pile load tests, surcharging, foundation design and construction inspection. A. - 3. . ".. .i3 �x Y H T -Y Mudrak Engineering and Construction Company Firm History Incorporated July 2001 -Present, State of Florida Address: Mudrak Engineering and Construction Company 21522 Hobby Horse Lane Christmas Florida 32709 Federal Identification Number 59-373-1834 Sunshine Underground Location- Company Number 71714 Office Number 407-568-1833 Fax Number 407-568-1076 CELL (Dale V Mudrak) 321-438-1879 Occupational License — Orange County Similar Projects Miscellaneous Concrete Construction Services 1 Project Name: City of Cape Canaveral, Baffle Boxes Project Summary: Sub -contractor to Gregori Construction, work included concrete base for pavement, curbing, stone placement along canal and riverbank, sodding, clean-up Owner: City of Cape Canaveral, Jeff Ratliff Contract Amount: $20,000 Contact Person: Andy Gregori of Gregori Construction TEL 724-822-3705 2) Project Name: City of Satellite Beach Project Summary: Sub -contractor to Gregori Construction, work included concrete base for pavement, curbing, Flowable-fill, clean-up. Owner: City of Satellite Beach Contract Amount: $7,000 Contact Person: Andy Gregori of Gregori Construction TEL 724-822-3705 3) Project Name: West Orange Trail Emergency Roadway Repair on Rock Springs Road, Apopka FL Project Summary: Work included stabilization of double 48 in headwall, removal of asphalt roadway, 100 feet of handrail, 6000 square feet of concrete roadway, curbing, canal bank grading, fill regarding sod. Owner: Orange County Parks and Recreation Contract Amount: $18,000 Contact Person: Cliff Torres TEL 407-836-6200 52 1 4) Project Name: Tanner Industries Project Summary: Two Concrete containment Tanks, each approximately 6000 square feet, Concrete support saddles for 30000 gallon tanks, sidewalks, curbing, Owner: Tanner Industries, Apopka Florida Contract Amount: $110,000 Contact Person: Neil Shatower TEL 407-295-8770 5) Project Name: Brevard County Schools Project Summary: Two playgrounds, Astronaut High School and Cocoa High School, included approximately 3000 square feet of concrete surface, demolition and grading. Owner: Brevard County Schools Contract Amount: $25,000 Contact Person: Richard Smith TEL 321-302-9197 OP ID D owTE (MMIDDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE MUDRA-1 1 12/22/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SIRT INSURANCE GROUP, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 160398 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALTAMONTE SPRINGS FL 32716 Phone:407-869-0962 Fax:407-774-0936 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Scottsdale Insurance Compare INSURER B: AmCOMP Preferred Insurance Co, Mudrak En ] Meering & Const Co INSURER C: 21522 Ho Horse Lane INSURER D: Christmas 32709 INSURER E: rnvooAfMCQ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INZK LTR rW TYPE OF INSURANCE POLICY NUMBER DATE (MMfDDIM DATE (MMIDDIM LIMITS AUTHQRSEED REPIESENTATN /e GENERALLIABIUTY EACH OCCURRENCE $1,000 000 Ea— pREMISES(Eaocaaence) $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLS1060972 09/17/05 09/17/06 MED EXP (Ary one person) $5,000 CLAIMS MADE 0 OCCUR PERSONAL. &ADV INJURY $1,000,000 BLANKET ADDL. INS GLS -150S GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2 , 000 , 000 POLICY }ECT F-ILOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LJABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'UABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? WCV7049774 12/15/05 12/15/06 E.LEACH ACCIDENT $ 100000 E.L. DISEASE -EA EMPLOYE $ 100000 I yes, describe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS !`CGTICIr`ATC uni nr_0 CANCEL LIIUN ACORD 25 (2001108) v As—umu tlumrur%A I lull Ivan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIL17Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHQRSEED REPIESENTATN /e ACORD 25 (2001108) v As—umu tlumrur%A I lull Ivan f7 ! O `� WH a k `rs p� +fD H f Otai HN 11 (D ro-(D F: I N CO0 a N tzi H N ci 0 °co ���� ux O H -. ' ansa W W x 0 N- coO PU W H (D N tj tzi jJ oo tor4]tz�n1i+ � 0 H o R+ H 4] M HO H 14 H O'ZZ'' L-1 O 1-1 M t PU W H z d t z H W Ea to 1-3 to o a% tli z rn H O 01 � �ro Q o 0 tn f2 o►d rnm � o m H(=! 1-3 w — Hpa [cn z� D x -4 M n CO) 0 CD `° m X r1-4n 0 p � � kro � o rO ED Hro � CD a z Ea S Cd1 H z fit )�l w �Lzi u C.,'' rn U rp p z ytzi m rn Kw U r 0 0 rn N N 0 N 0 rn 00 February 16, 2006 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Subject: Conflict of Interest Gentleman, Mudrak Engineering and Construction is not aware of any conflict of interest in working for the City of Cape Canaveral. If you need any additional information please Gall me at 321-438-1879. Sincerely, Dale Mudrak, P.E. FL PE # 42669 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS — In accordance with F.S_ 287.087, preference shall be given to businesses with drug—free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors- have a drug-free workplace program. In order to have a drug --free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug—free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I)- 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug—free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm compligs fully with the above requirements. VENDOR'S S SI NATURE 60/60 39Vd N0I13r181SN00 I809389 98OZESEVZL I5:0i 900Z/SL/I0 5 Ln O O N \ un Co OD r r Ln to 0 M 41 ON O O 0 k 0 U x Im m .a v d m m C a) 3 .9 - cc m W CD E U a) .0 O Aa t F— Ca L ' T C (9 co c° N L N 0 co L to 1 O O m O [� c O Cl1 � z a O c UP W o 0. a m cb R' :3 m iJ rn A o clial zWo V4 Al HUlr e� W W cY.pdN a as P40m d N Q 00 a a) $ NN 'zmcn O c yd WO O c a ca ,' io p HK�NCJ2 NH C�3 m x .n ® S G 00 d 00 c o0 > m NM 0 20 ' a c vU N a) a) N L) 'tea v o H � 1 ® CCD o Ch o0 � z �% z �o� wN H a o au W .__ o Wcn HH Cn W MO R y( v� NHHW x a) Hap � 00 Hr ?+ o W *400 tqcn MH '!2E v to HH FgFgFq xx m C>o P40 HHH NU ul >NH cim NJ -� ' = a o rico Ln H 0 D t ritn fL— ca Ln O O N \ un Co OD r r Ln to 0 M 41 ON O O 0 k 0 U x Im m .a v d m m C a) 3 .9 - cc m W CD E U a) .0 O Aa t F— Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Considerations Item 10 No. You have been provided with a hand-out showing the existing tree survey with the proposed site plan for Sea Shell AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST TO REMOVE (2) SPECIMEN TREES, SEA SHELL CAY, SEA SHELL LANE, HARBOR HEIGHTS DEPT/DIVISION: BUILDING DEPARTMENT Requested Action: City Council consider a request to remove a 48" dbh Oak Tree and a 30" dbh Oak Tree as part of the Sea Shell Cay Development of (4) residential units at this site, as requested by All Shores Construction and Supply Company, Inc. Summary Explanation & Background: This item was tabled on 02-07-06 and 02-21-06 at the request of City Council, asking the applicant to provide an expert opinion on these trees. You have been provided with a hand-out showing the existing tree survey with the proposed site plan for Sea Shell Cay. The applicant claims that this project should have been exempt from the new code provisions (see attached correspondence). Since this is the first request to remove a specimen tree since the adoption of Chapter 102, I included the new ordinance for your review. Please see Section 102-41, Specimen Trees, as it relates to this request; mitigation is 2 to 1. Council also needs to consider the mitigation, if removal is allowed. Please advise. Exhibits Attached: Request Letter; Timeline Letter; Moratorium Ordinance; Chapter 102 City Manager's ffice �' Department BUILDING DEPARTMENT ca mydocua council\meeting\2006\03-07-06\specimentrees.doc PO Box 613 Cape Canaveral, FL 32920 Office Phone: 783-3751 (Office) Cell Phone: 693-8941 or 693-8914 Fax: 321-783-3752 Date: February 1, 2006 From: All Shores Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TO"HOWS, - REQUEST Todd, ED [I 11 f In reference to our previous letter dated 12/19/05 (copy attached) regarding a request for City Council approval to remove a potential "Specimen Tree" from our property at 8801 Sea Shell Lane, we hereby amend the request to include a total of two potential Specimen Trees. The subject trees are located such that there is no way to avoid removal. Thanks in advance for your assistance in.this matter. Best regards, Jim Morgan Jr, Vice President All Shores Construction and Supply Co. Inc. 413 Lincoln Ave Cape Canaveral, FL 32920 Office Phone: 783-3751 (Office) Cell Phone: 693-8941 or 693-8914 Fax: 321-783-3752 Date: December 19, 2005 From: All Shores Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TOWNHOMES - REQUEST Todd, In the spirit of the city's newly passed Tree Ordinance, Article II, Division 2, 102-26 — 102-35, All Shores Construction hereby respectfully request audience with the City Council, following, but in conjunction with, Site Plan review and consideration for approval for the subject project, scheduled for January 3, 2006. Purpose is to request permission to remove what would potentially be considered a "Specimen Tree" in preparation for construction of the Sea Shell Cay Townhomes. The subject tree is located such that there is no way to avoid it's removal. Thanks in advance for your assistance in this matter. Best regards, Jim Morgan Jr, VP, All Shores Construction and Supply Co. Inc. r Jam organ Jr. :: L j ur "- If ar�_ • � —fir '�' ' - "w �..`. � ,+Ff lip } F 1 _ t x 'may � % a fy�• r!i Te c I It SAO e t Elk P.O. Box 613 Cape Canaveral, FL 32920 Office Phone: 783-3751 (Office) Cell Phone: 693-8941 or 693-8914 Fax: 321-783-3752 Date: January 30, 2006 From: All Shores Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TOWNHOMES - TIMELINE Dear Mr. Morley, 0 Please find attached a copy of a correspondence dated 12/28/04 from the realtor involved with the purchase of the subject property. It is our belief that this correspondence provides reasonable proof that we were actively engaged in the process of purchasing 8801 Sea Shell Lane during the latter part of 2004, and more importantly establishes the timing for which Building Department personnel were first consulted with regarding the parcel. Inquiries to the building department began as soon as we became aware that the property was for sale. Immediately (on or around 12/28/04) we engaged in multiple informal fact finding meetings with city building department personnel. The purpose of those meetings was to ascertain information critical in determining feasibility of the subject property for the use intended, prior to proceeding with an offer for purchase. At no time during any of these informal meetings, or during subsequent formal city meetings, attended throughout the planning and replat process phases, was there any mention of an impending tree ordinance change; a topic that would have most certainly impacted our purchase offer, and indeed possibly our decision to purchase the property at all. Once aware of the tree ordinance and its potential impact, we again looked to the city Building Official for interpretation and an official reading on applicability of the new ordinance to our project. It was communicated to us that in order to be exempted from the requirements of said ordinance, proof that city personnel had been consulted with regarding the project, prior to the date of tree ordinance adoption (mid- January 2005) would have been necessary. It is our opinion that the information herein satisfies the intent of that requirement. In closing, it is important to note that every effort was made during planning to minimize impact to the trees. And, although we feel that this particular project should be considered exempt from the tree ordinance, it is our sincere desire to work with you, and to assure you that we share in the city's resolve to curb unnecessary removal of trees, and will strive to protect the many trees remaining on site during construction. Thanks in advance for your consideration on this matter. Best Jam�an Jr., Vice President All Shores Construction and Supply Co. Inc. TUE 13:58 FAX 13217835410 KING RENTALS Detail Sheet Pllobo {Die atwotim guuz/uuo Page 1 of 1 VACANT LAND OFFICE FORMAT -0300=11:07:01 AM MIS #: 313513 Area: 271 -CAPE CANAVERAL List P 000 Address: 8803 SWHELL LN : Sold City/St/2ip: CAPE CANANVERA4, fi 32920 SREVARD 5 me: / /2005 SWP3/CO: HARBOR MGHTS sa edw. 210,0 w *: N Shc Remark: Waterfront Feet: Downprnt: DDM: 37 Zoning- Cl i 1 Pud: N General/ Commercial Taxesn t Homestead: ((,•/1"p Tax Year. 2003 Adj Lot Avail. Number Of Lots: 2 LetSgf!~ Lot Dim: 149 X 190 Lot Acres: 0.600 Ile Tax Acct Id: Parcel ld: ' Narrative: Property consists of two commercial lots in a prime k c irftn. Near area of growth in Port & established residential area for � great client base. Comer lot with frontage on N Atlantic. May be possible to obtain special permit for muld4artily, this would be a . Li wonderful spot for townhouses, dose to beach & all area attractim. Directions: N AlA TO N A11AMM CORNER OF HARBOR & SEASHELL. List Agent KEENAK VINCENT GENERAL INFORMATION . Y Assoc Fee: N Zoning: Cl Fee Includes: AddkmW Unit #: Site Location: Major Roadway, Paved Street Deed Restrictions: N Gated Corrununity: N Restrictions: 55 + Cornmunity: N Sale Option: Subject To Zoning Land Description: Lot - Comer, Trees, Irregular Shape, Lot - City Owner Will Consider: Conventional, Cash Only Frontage Dasc: City Road Land Value: Road Surface: Paved Market Value: Road Front Footage: 149 Assessed Value. Future Use: Commercial Improvement Value: Adjacent Use: Commercial, Residential Assumable: N Free & dear: N Improvements: Street Lights Documents On Filo: Security Features: Management: Available Utilities: City Vuater, Cable Available, Electric, rawevion.' Dosing Telephone Measure Desc: Tax Rolls Community Amenity: Bank/Corp Owned: N Map Coord: V27 5dl Office: RE/MAX SERVICE TEAM BROKERIAGEW7' hWO List Agent KEENAK VINCENT List Office: RE/MAX SERVICE TEAM List Agent Phone: 321-754.6256 codeJBranth - Assoc RMAX/ 01- SCAR List Agent Pax: 321-799-29M List Office Phone: 321-452-9800 List Agent E-mail: vincentk@brevardrAalestate.com List Office Fax. 321.452-9885 List Agent Web: lit OfficeE-mail: Broke BreverdRealEstate.com Buyragnt Oomp: 2.5 List Office Web: Transbrkr Cwnp: 2.5 Contad Name- VINCENT 14=ENAN Nonrep imp: 2.5 Appo'udment: !sting Office Sub Agent Comp: 0.0 Appointment Phone. 452.9800 Variable Commi%lon: N Show. Drive By Ok Bonus: N Listing Type: ER - Exclusive Right of Sale Type of Service: FULL Agent info. *• COMBO OF TAX ACCOUNTS 2456495 & 242967fr�* Office Iwo only.- nly:Legal LegalDesc: Sell Agent: KEENAN, VINCENT 5dl Office: RE/MAX SERVICE TEAM Sell Agent Phone: 321-452-98W Code / Branch: RMAX 101 Sold Terms: Cash Sell Office Phone: 321-452+9300 Sell Office E-cmd: &okerCtq BrevardtealEstate.com Original Date: 12128/2004 Orig Lid Price: $249,000 List Date: 12,/27/2004 e FKrttX ^— Prev tilt Price. T24%000 Will Expire: 12/27/2005 Last Modified: 03/73/2005 Previous Status: Contingent Rom Dante: Plat Sook: Plat Page: Data displayed as a service only and not warranted as current, accurate or complete. alt a C,, ��nl Vincent Keenan-1E/MAX Service Team - 321-693--0187 f BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown' & Cocoa Victoria L. Cecil Suzanne D'Agresta" Scott J. Domstein Anthony A. Garganese° Andrew M. Fisher J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Paul H. McLester — Amy J. Pitsch 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law February 21, 2006 Via Email and U.S. Mail Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Sea Shell Cay Property — Specimen Tree Removal (City of Cape Canaveral 513-001) Dear Bennett: Erin J. O'Leary Of Counsel During its discussion at the February 7, 2006 City Council meeting, the Council asked for a legal opinion regarding whether the proposed development of the property located on the corner of Harbor Drive and Sea Shell Lane, commonly referred to as the "Sea Shell Cay Property", is exempt from the City's new land clearing regulations established in Ordinance 05- 2005. The property owner, All Shores Construction & Development, Inc., is seeking the Council's consent, pursuant to section 102-41 of the City Code, to remove two (2) specimen trees located on the property in preparation for the construction of four (4) townhome units. Land Clearing Moratorium As you recall, prior to the City Council's adoption of Ordinance 05-2005, the Council established a moratorium on all land clearing activity within the City while the City's Planning & Zoning Board reviewed the City's then -current land clearing regulations and made recommendations to the City Council as to new legislation related to land clearing. Ordinance 02-2005, adopted on February 1, 2005, which established this 60 -day land clearing moratorium, provides in Section 2.: Exemptions to Moratorium. Any person or entity who has attended a formal pre -application meeting with City Staff within 225 East Robinson Street, Suite 660 - P.O. Box 2873 -Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa (866) 425-9566 Website: www.oriandolaw.net • Email: firm@oriandolaw.net Bennett Boucher, City Manager February 21, 2006 Page 2 sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. Therefore, any person or entity qualifying for this exemption pursuant to Section 2. of Ordinance 02-2005 would be entitled to proceed with their development project and any related land clearing activity under the previous version of Chapter 102 of the City Code. All other parties not otherwise exempt from the moratorium were prohibited from engaging in any land clearing activities during the 60 -day moratorium period, and additionally, are now subject to the new land clearing regulations set forth in Ordinance 05-2005, and codified in Chapter 102 of the City Code. Sea Shell Cay Property Given the current question as to the applicability of the new land clearing regulations to the Sea Shell Cay Property, Todd Morley, Building Official, provided to my office a time line which sets forth the applicable dates and related applications or events related to the subject property. The same is attached to this letter for your review. The time line shows that there was never a formal pre -application meeting with the City regarding development of this property. Additionally, the first formal development application submitted to the City was on March 23, 2005, for a Special Exception. Furthermore, there is no indication that any development permit was ever issued for this property prior to the cut off date established in Section 2. of Ordinance 02-2005. Because the development of the subject property did not commence until after the cut-off date in the moratorium ordinance, any land clearing associated with this property, including the removal of the two (2) specimen trees, is subject to the new land clearing regulations set forth in Ordinance 05-2005. Standard of Review: Extraordinary Circumstances and Hardshie Given that All Shores Construction & Development, Inc. does not qualify for the exemption to the land clearing moratorium with regard to the Sea Shell Cay Property, development of the property is subject to the new land clearing regulations established by Ordinance 05-2005. Thus, the City Council should apply section 102-41, Specimen Trees, when considering whether or not to approve removal of the specimen trees. Section 102-41 provides that "specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the City Council." Whether or not extraordinary circumstances and hardships exist must be determined on a case-by-case basis and supported by competent, substantial evidence presented by the applicant. If the Council finds that such evidence exists, it is permitted to require, as a condition of removal, that replacement trees be planted or that a contribution to the tree bank be made on a maximum of a two -to -one ratio of cumulative diameter of specimen trees removed. Bennett Boucher, City Manager February 21, 2006 Page 3 If Removal of a Specimen Tree is Granted by City Council If the City Council authorizes the removal of a specimen tree, the data in Table 1 of Chapter 102 of the City Code shall be applied on a maximum of a two -to -one ratio of cumulative diameter at breast height ("dbh") of specimen trees removed. By way of example, applying the maximum of a two -to -one ratio to the removal of a thirty (30) inch specimen tree, the following table illustrates the replacement trees and/or tree bank contribution the Council is permitted to impose under the City Code: Actual Specimen Tree Removed: 30 Inches dbh Using Maximum 2/1 Ratio for Calculating Replacement and/or Tree Bank Contribution: 60 Inches No. Replacement Trees (USING TABLE 1 DATA) Tree Bank Contribution 23 Inches 4 $1000.00 23 Inches 4 $1000.00 14 Inches 3 $ 750.00 Total: Winches Total: 11 Trees Total: 1$2750.00 The figures provided in the table above are calculated before applying any tree replacement credits under Section 102-54 of the City Code. Please provide a copy of this opinion to the Mayor and City Council and feel free to contact my office should you have any questions regarding this matter. Very Truly Yours, Kate Latorre Assistant City Attorney Enclosure Cc: Mayor and City Council Todd Morley, Building Official Sea Shell CU Townhome Project Timeline Todd Morley, Building Official February 14, 2006 Note: This timeline provides a compilation of information from two sources 1. City records 2. Unofficial applicant -provided information (denoted by an asterisk •) Date Action 12/28/04 * Realtor offers property to applicant 1/13/05 Cut-off date established by moratorium see below 1/18/05 Moratorium ordinance 02-2005 is reading 1/22/05 Moratorium ordinance 02-2005 le al ad published 2/1/05 Moratorium ordinance 02-2005 2" reading. Provides a cut-off date in Section 2: Exemptions to Moratorium. Any person or entity who has attended a formal pre -application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. 3/23/05 Application received for Special Exception (R2 -Cl) 3/29/05 * Closing date. Property is sold to applicant 5/11/05 P&Z recommends approval of Special Exception 6/13/05 Application received for preliminary re -plat 6/27/05 Board of Adjustment approves Special Exception 7/27/05 P&Z recommends approval of preliminary re -plat 8/16/05 City Council approves preliminary re -plat 9/2/05 Application received for Community Appearance Board 9/19/05 Community Appearance Board approval 9/23/05 Application for site plan review submitted 12/14/05 P&Z recommends approval of site plan 12/19/05 Applicant requests Council approve a request to remove one specimen tree 2/1/06 Applicant amends request. Now asking Council to approve the removal of two specimen trees ORDINANCE NO. 02-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7 provides that "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty;" and WHEREAS, the City Council is dedicated to preserving and enhancing green areas within the City, to assuring the preservation of existing trees on public and private property, and to taking steps to require maintenance of existing and the installation of new trees in the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reducing air pollution by removing particles such as dust and pollen, increasing oxygen production, slowing surface water run off, reducing soil erosion, providing food, nesting sites and protection for wildlife, enhancing scenic beauty, and providing other environmental benefits; and WHEREAS, Chapter 102, Article II of the City Code provides for the regulation of tree protection, and specifically, for land clearing; and WHEREAS, the Cityhas recently experienced anupsurge in land development pressure; and WHEREAS, as a result of this pressure, the City has developed serious concerns regarding aggressive land clearing within the City, including, but not limited to, the destruction of trees and insufficient tree and landscape mitigation to replace destroyed trees; and WHEREAS, the City Council and Planning and Zoning Board held a public workshop on January 13, 2005, for the express purpose of addressing these concerns and for addressing possible City of Cape Canaveral Ordinance No. 02-2005 Page 1 of 4 revisions to the provisions of the City Code applicable to land clearing; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of land clearing permits within the City will further the City's goal of protecting its natural resources while allowing for a comprehensive review of the City Code's land clearing provisions; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of the land clearing provisions contained within the City Code and to recommend revisions to the City Council upon completion of this review; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking p er se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods ofregulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly indicate that an emergency exists and thereby justify the imposition of a sixty (60) day moratorium on issuing land clearing permits in the City of Cape Canaveral, in accordance with Section 102-39(d) of the City Code, for any subdivision, multifamily, townhome, commercial or industrial development project. Section 2. Exemptions to Moratorium. Any person or entity who has attended a formal pre - application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. Section 3. Special Waiver Provision. During the moratorium period, and in furtherance of the public purposes stated herein, any person or entity exempted from this moratorium may request a waiver from any City land development or zoning code. The City may grant the waiver under the following conditions: a. The waiver maybe granted by the City's planning and zoning board or city council during the site plan review process. Such waiver shall be at the board's or council's sole discretion on a case -by case basis. City of Cape Canaveral Ordinance No. 02-2005 Page 2 of 4 b. The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraordinary landscape plan that goes well -beyond the requirements of the City Code including, but not limited to, planting additional and larger plant materials and trees, planting premium A -grade plants and trees, incorporating decorative hardscape features into the landscape design (e.g. fountains, decorative fences and walls, trellesis, lighting, etc.), and planting premium A -grade plant materials and trees on public property. c. The waiver is compatible with the surrounding area and the minimum waiver required to serve the public purpose stated herein. d. No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses set forth in any zoning district category. e. The waiver must be consistent with the City's Comprehensive Plan. f. The waiver is not adverse to the public health, safety and welfare. g. Any waiver granted under this section shall automatically expire and be declared null and void if the underlying development order for the project expires. Section 4. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review the current land clearing regulations contained within Chapter 102 of the City Code, and other related provisions of the code, and will propose new legislation to the City Council, which will address the City's concerns regarding the current land clearing practices within the City, and which are designed to preserve and protect the health, safety and welfare of the citizens of the City of Cape Canaveral. Section 5. Expiration Date. This ordinance shall expire 60 days after its effective date. The expiration date of this ordinance maybe extended for thirty (30) days by majority vote of the City Council at a duly held Council meeting. Section 6. 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 7. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 8. 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 City of Cape Canaveral Ordinance No. 02-2005 Page 3 of 4 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 9. 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, in a regular meeting assembled on the day of .2005. 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. 02-2005 Page 4 of 4 ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan SUSAN STILLS, City Clerk Buzz Petzos Rocky Randels First Reading: 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. 02-2005 Page 4 of 4 Chapter 102 VEGETATION* Article L In General Secs. 102-1-102-25. Reserved. Article II. Tree Protection Division 1. Generally Secs. 102-26-102-35. Reserved. Division 2. Land Clearing Sec. 102-36. Definitions. Sec. 102-37. Title; applicability; intent and purpose; limited residential dwell- ing exemption. Sec. 102-38. Enforcement and penalties. Sec. 102-39. Permits. Sec. 102-40. Permit criteria; exemptions; standards of review. Sec. 102-41. Specimen trees. Sec. 102-42. Special waiver provision. Sec. 102-43. Tree replacement guidelines. Sec. 102-44. Prohibitions. Sec. 102-45. Minimum tree requirement. Sec. 102-46. Tree protection during development and construction; periodic inspection. Sec. 102-47. Voluntary tree planting. Sec. 102-48. Waivers; incentive program; administrative interpretation ap- peals; incentive program. Sec. 102-49. Remedial action. Sec. 102-50. Open burning of natural cover. Sec. 102-51. Rules and regulations and fees for implementing this division. Sec. 102-52. List of desirable species and plants. Sec. 102-53. List of undesirable species. Sec. 102-54. Preferred plant list. *Cross references—Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for landscape appearance and maintenance, § 34-99; weeds and dead vegetation, § 34-121 et seq.; planning, ch. 58; solid waste, ch. 62. Supp. No. 14 CD102:1 VEGETATION ARTICLE I. IN GENERAL Secs. 102-1-102-25. Reserved. ARTICLE II. TREE PROTECTION DIVISION 1. GENERALLY Secs. 102-26-102-35. Reserved. DIVISION 2. LAND CLEARING* Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official. The building official of the city and his or her designee. Caliper. Measurement of a tree 12 inches from soil level. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. Desirable species (trees /plants). Trees and plants adaptive to the climate and soil of the city and identified in section 102-52 of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section 102-51 of this division. Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or finish grade. Dripline means an imaginary vertical line run- ning through the outermost portion of the tree crown extending to the ground. *Editor's note—Ordinance No. 05-2005, § 2, adopted April 19, 2005, amended div. 2 in its entirety and enacted similar provisions as set out herein. The former div. 2 derived from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, §§ 3-5, adopted July 19, 1994; and Ord. No. 13-98, § 1, adopted March 17, 1998. Cross reference—Solid waste, ch. 62. § 102-36 Land clearing means the disturbance or re- moval of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replace- ment, planting of landscape material, shrub prun- ing, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree re- moval activities. Mangrove means any specimen of the species avicennia germinans (black mangrove), laguncularia racemosa (white mangrove) or rhizophora mangle (red mangrove). Native vegetation means plant material indig- enous to the city, including all those species listed in but not limited to those in section 102-52. Person includes any individual, firm, corpora- tion, partnership, joint venture association, prin- cipal, trustee, government, or any agent or repre- sentative thereof. Protected barrier. A polygon of two inches x four inches wide stakes spaced a maximum of eight feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least 36 inches, with the top four inches marked by fluorescent orange paint or tape. Recognized knowledgeable person means a per- son recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed land- scape contractor, certified nurseryman or person having similar recognizable skills and experience. Silviculture means a process, following accept- able forest -management principles, whereby the crops constituting forests are tended, harvested and reproduced. Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, or diseased trees, or trees that are structurally unsound and cannot recover from pruning. Supp. No. 14 CD102:3 § 102-36 CAPE CANAVERAL CODE Transplant means the act of relocating an existing tree upon the same lot. Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches for multistemmed trees and an average mature height of at least ten feet. Tree removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die within a period of two years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrad- ing around the base of the tree trunk. Tree protection zone means the area located around the perimeter of the dripline of a tree in Which no activity such as clearing, filling, exca- vating, storage of materials, parking of vehicles, or any other activity that in the opinion of the building official may damage the tree. At the discretion of the building official, the tree protec- tion zone may be reduced for trees located on small lots in order to reasonably protect the tree and facilitate construction on said lot. Tree replacement credit means the tree replace- ment credit offered to a person for replacing trees removed or destroyed in accordance with this division with preferred plant material. The tree replacement credit shall be established by the city council and set forth in section 102-54. Undesirable species means any of the species identified in section 102-53. Understory means an underlying layer of low native vegetation usually associated with trees. Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Viable means having the capacity to live and develop. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-37. Title; applicability; intent and purpose; limited residential dwelling exemption. (a) Title. This division may be cited and re- ferred to as the "City of Cape Canaveral Tree Preservation and Landscaping Code." (b) Applicability. This division shall be appli- cable to all land lying in the incorporated area of the city, except for residential dwelling units as specifically set forth in subsection (e) below. (c) Intent. The intent of this division is to encourage the protection of the maximum num- ber of viable trees listed in the desirable species list. It is further the intent of this division to encourage the protection of trees native to central Florida and to encourage proper removal of ex- otic, pest trees. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation as covered by the provisions of this division except in accordance with the provisions set forth herein. Notwithstanding, in the case of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this division may be temporarily waived by the city council by resolution. (d) Purpose. The purpose of this division is to establish regulations for trees within the city in order to maintain and protect the city forest, to better control problems of flooding, soil conserva- tion, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (e) Three or less residential dwelling unit ex- emption. Upon receipt of a completed application, the building official shall issue a land -clearing permit for any land on which there contains or will contain three or less residential dwelling units regardless of the requirements set forth in section 102-40. However, such permit shall not authorize the removal of any specimen tree. Spec- imen trees may only be removed pursuant to the requirements set forth in section 102-41. Land that contains or will contain three or less residen- tial dwelling units shall be exempt from the tree replacement guidelines set forth in section 102- 43. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the pro- visions of this division by any lawful means including, but not limited to, issuing a civil cita- Suon. No. 14 CD 102:4 VEGETATION tion, bringing charges before the city's code en- forcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in viola- tions of this division shall be deemed irreparable or irreversible. Further, each day a violation con- tinues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (3) Removal of a specimen tree without a permit. Fine of $150.00 per diameter inch, not to exceed $5,000.00 per tree. (4) Failure to abide by a cease and desist order issued under this division. Fine of $250.00 for the first day and $500.00 per day for each day thereafter. (5) Failure to abide by the requirements of other provisions of this division. Fine of $250.00 for the first occurrence and $500.00 for repeat occurrences. (c) Cease and desist orders. The building offi- cial shall have the right to issue cease and desist orders upon persons in violation of this division for a maximum of five working days. Upon review of the violation by the city manager, the city manager may extend the cease and desist work order until the violation is brought in compliance and all resulting fines incurred as a result of the violation have been paid. The city manager's decision may be appealed to the city council pursuant to section 102-48. (Ord. No. 05-2005, § 2, 4-19-05) Supp. No. 14 Sec. 102-39. Permits. § 102-.39 (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the build- ing official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. (b) Application required. An application for tree removal and land clearing shall be filed on an official form provided by the building official. The applicant shall be required to pay a fee as may lie established by the resolution of the city council, except that no fee shall be required for the re- moval of trees that are dead, diseased, suffer from severe structural defects, pose a clear and obvious safety hazard to structures or people or removed for a public project sponsored and paid for by the city. If the applicant is not the property owner, then the applicant shall attach the written per- mission of the property owner to the application. All completed applications shall be returned to the building official, along with the appropriate fee and the following minimum information: CD 102:5 (1) Legal description of the property, includ- ing street address. (2) Name, address and phone number of prop- erty owner. (3) _ Name, address and phone number of ap- plicant, if other than property owner. (4) Date upon which land clearing is to com- mence. (5) Valid reasons for the removal of trees. (6) A tree inventory, for the portion of the site to be developed, consisting of a scaled drawing of a scale of one inch equals 50 feet or less indicating: a. Property boundaries. b. The location of all individual trees including the tree's common or sci- entific name, and the diameter of each tree. § 102-39 CAPE CANAVERAL CODE C. An indication of all trees proposed for removal and proposed to be re- tained. d. The location of existing and pro- posed improvements, if any, includ- ing buildings, structures, impervi- ous surfaces (e.g. pool decks, drives, parking areas), stormwater reten- tion and detention areas, utilities and other such improvements. Pro- posed improvements shall be de- picted as an overlay on existing trees so as to clearly indicate which trees must be removed in order to accom- modate the construction of the im- provements. Upon request by the applicant, the building official or appropriate re- view board may permit an applicant to omit certain portions of the tree inventory where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the applica- tion. (7) A replacement plan in accordance with division indicating the means for compen- sating for the tree(s) to be removed includ- ing the species and size of any replace- ment trees. (8) If grade changes are proposed on the site, a grading plan drawn to scale shall be provided. In addition, a written statement shall be provided by a landscape architect or other competent professional indicat- ing the probability of whether the grade change will result in the death of trees intended to be preserved. Said statement shall immediately be brought to the atten- tion of the building official at the time the application is filed and prominently at- tached to the front of the application. (9) A protection plan describing how pre- served trees shall be preserved on the site and adjacent properties during construc- tion, tree removal, and grading. (c) Time for application. Applications for land clearing permits shall be made prior to tree re- moval or land clearing, except that if the tree removal or land clearing is part of a proposed development project that requires site plan or subdivision approval, the application shall be submitted at the time the site plan or subdivision application is submitted so that due consideration may be given to the protection of trees during the site plan or subdivision process. Each application for tree removal shall be subject to review under the site plan and subdivision process. (d) Approved site plans, permits, and develop- ment agreements. All permits issued by the build- ing official under this division shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city council or other appropriate board. All permits or portions thereof issued by the building official in conflict with any such approval shall be deemed null and void and the approval of the city council or appropriate board shall remain in full force and effect. (e) Survey permit. A survey permit may be issued by the building official for the limited purpose of allowing land clearing and tree re- moval for surveys and soil or engineering testing according to the following: (1) Tree removal and land clearing for sur- veying shall be subject to the land clear- ing and tree removal requirements of this division. The land clearing area for sur- veying shall not be greater than five feet in width or shall not be greater than eight feet in width with a reasonable turn- around for soil and engineering testing. The owner of the property proposed to be cleared or his authorized agent shall sub- mit a survey permit application to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The building official may grant an admin- istrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies. Supp. No. 14 CD102:6 VEGETATION (2) When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The survey permit shall remain posted on the affected property during all applicable land clearing activ- ity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (f) Permit contents. The land clearing or sur- vey permit, when issued, shall specifically iden- tify which land areas may be cleared and which trees shall be permitted to be removed. The per- mit merely authorizes the removal of the trees specified therein. Nothing in this division shall be construed to require the removal of such trees by the permittee. (g) Duration of land clearing permit. A land clearing permit shall expire 90 days from the date of issuance for single-family projects and 180 days for subdivisions, multifamily, commercial and in- dustrial projects. Two extensions of 30 days each may be authorized by the building official, pro- vided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. (h) Posting of land clearing permit. When a written land clearing permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The land clearing permit shall remain posted on the affected property during all applicable land clear- ing activity and until final inspection by the city. It is the responsibility of the applicant to main- tain the land clearing permit in a clearly visible manner at all times. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-40. Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a com- pleted application and verification by the building official, the building official may, after applying § 102-40 the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (1) For building and construction sites, as shown on city -approved site plans, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. (2) The trunk of the tree is located closer than five feet to the foundation of an existing or proposed structure, and it is not feasible to relocate the structure, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. (3) The trunk of the tree is located closer than ten feet from the foundation of an existing or proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasi- ble to relocate the structure, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (4) Trees severely diseased, severely injured or dead. (5) Trees that interfere with the construction or repair of public infrastructure and fa- cilities. (6) Undesirable trees, per section 102-53 of this division. (7) Trees that have been approved for re- moval by the building official and which shall be replaced elsewhere on the prop- erty. (b) Permit exceptions. The following tree re- moval activities are exempt from the permit re- quirements of this division: Supp. No. 14 CD102:7 (1) Trees removed by the city or other govern- mental agency and which interfere with the safety of the motoring public or dis- rupt public utilities such as power lines, drainage systems and other public utili- ties. § 102-40 CAPE CANAVERAL CODE (2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee (4) and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seri- ously damaged tree, to mitigate an immi- nent threat to the health, safety, and welfare of the property owner or the gen- eral public. (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidenc- ing that: (i) the property is requested as a silvicultural site with the division of for- estry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. (c) Permitted standards of review. When mak- ing decisions under this division, the city shall be guided by the following standard of review guide- lines: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedes- trian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and uti- lizing public easements and rights-of-way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to build- ings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and nonoc- cupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural de- Supp. No. 14 CD102:8 fects that pose a clear and obvious safety hazard to people, buildings or other im- provements on lot or parcel of land. The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. (6) Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. (7) Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoy- ment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten feet). b. Need for access to the building site for construction equipment. C. Essential grade changes. d. Need for locating street or road rights- of-way, utilities, drainage ways, as well as the need to provide reason- able use and property access. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the re- quested permit. (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. VEGETATION b. Preservation of the next generation of trees. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-41. Specimen trees. Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hard- ships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102-43 of this division, except replacement and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in table 1. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-42. Special waiver provision. In furtherance of tree protection and preserva- tion and the related public purposes stated in section 102-37 of this division, any person or entity may request a limited waiver from any provision of the city's land development or zoning code upon submitting a written application pro- vided by the city. After review and recommenda- tion by the planning and zoning board, the city council may grant the waiver under the following conditions: (a) The waiver may be granted during the site plan review process. Such waiver shall be at the city council's sole discre- tion on a case -by case basis. (b) The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraor- dinary landscape plan that goes well be- yond the minimum requirements of the City Code including, but not limited to, planting additional and larger plant ma- terials and trees, planting premium A - grade plants and trees, incorporating dec- orative hardship features into the landscape design (e.g. fountains, decora- § 102.43 tive fences and walls, trellises, lighting, etc.), and planting premium A -grade plant materials and trees on public property. (c) The waiver is compatible with the sur- rounding area and the minimum waiver required to serve the public purpose stated herein. (d) No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses or height restrictions set forth in any zoning dis- trict category. (e) The waiver must be consistent with the city's comprehensive plan. (f) The waiver is not adverse to the public health, safety and welfare. (g) Any waiver granted under this section shall automatically expire and be de- clared null and void if the underlying development order for the project expires. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-43. 1-ee replacement guidelines. (a) Ree replacement. All trees that are re- moved or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within 30 days of removal or destruction, which- ever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) [Criteria.] Criteria for replacement trees are as follows: Supp. No. 14 CD102:9 (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening proper- ties, and/or other characteristics compa- rable to that of the tree(s) requested to be removed. (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in table 1 or as otherwise agreed upon by the city council and applicant. § 102-43 CAPE CANAVERAL CODE (3) Tree species. Relocated or replacement trees (6) Replacement guidelines. The following tree shall include only species and sizes de- replacement guidelines shall apply: fined as desirable trees under this divi- sion. a. All plant material shall be Florida grades and standard one or better. (4) Transplanting and maintenance require- ments. All trees transplanted pursuant to b. For each tree located within a public this division shall be maintained in a conservation area (excluding juris- healthy, living condition. Any such trees dictional wetlands determined by the which die shall be replaced and main- St. John's River Water Management tained by the property owner. After accep- District or the U.S. Army Corp of tance of the trees and landscaping by the Engineers, or as depicted on the map city, the city shall retain jurisdiction for of existing wetlands in the city com- two year to ensure compliance with this prehensive plan) dedicated to the division. For new development projects city as part of a development project, which require at least ten new trees, the three replacement tree credits may city may require a performance bond in a be applied to the total number of form acceptable to the city attorney, as a trees required to be replaced by this condition of site plan or other permit division. However, the minimum tree approval, in order to ensure compliance requirement set forth in section with this subsection. 102-45 shall still apply. Such public conservation area must be at least (5) Waivers of replacement tree(s) specifica- one-third acre with widths not less tions. The number of required replace- than 75 feet, unless otherwise ap- ment trees may be waived by the city proved by the city council. In addi- council, if the city council determines that tion, trees approved by the building the remaining number of trees to be pre- official to reforest such conservation served on site are of sufficient number area shall also be applied to the and quality to substantially comply with replacement requirement on a one - the purpose and intent of this division for -one basis. and a tree replacement fee is paid to the city's "tree bank," which is hereby estab- C. If the city council determines, due to lished. Monies collected in the tree bank site conditions or configuration, it is shall be used for enhancement and main- impossible or impracticable for the tenance of trees on public lands. The applicant/developer to meet the re - contribution to the tree bank may be quirements for tree replacement, un - waived by the city council for individual der this subsection, the city council homeowners, on a case-by-case basis, if may allow the applicant/developer to the homeowner can demonstrate that the pay into the city's "tree bank" the payment of the fee will cause the amount it would have spent on re - homeowner an undue economic hardship. placement trees. Substitute tree(s) allowed under this waiver provision must have the approval of the d. Tree replacement credit shall be al - city council. The value to be paid into the lowed for the installation of pre - tree bank shall be: established by resolu- ferred trees in accordance with the tion of the city council; set forth in table 1; provisions set forth in table 1 and and based upon wholesale market value section 102-54. In addition, for new of the trees being replaced, plus installa- development, tree replacement credit tion and maintenance costs to establish shall be allowed for the preservation the tree. of existing desirable trees on the SUDD. No. 14 CD102:10 VEGETATION development site, excluding wetland areas and existing conservation ar- eas, as follows: DBH of Preserved Reduction in Re - Tree placement Trees 4" up to, but not 1 credit including, 9" 9" up to, but not 2 credits including, 12" 12" up to, but not 3 credits including, 16" 16" up to, but not 4 credits including, 24" Specimen and His- 0 credits toric Trees Notwithstanding the application of tree replacement credits, the minimum num- ber of trees to be planted under section 102-45 shall apply unless the city council approves an in lieu of tree bank contribu- tion. e. Trees shall not be planted under power lines. f. Diversity of species shall be required for replacement trees and the num- ber of each species shall be approved by the city. To the extent feasible, the city should endeavor to require no more than 25 percent of the replace- ment trees from a single species. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs on the unde- sirable species list is prohibited. (2) Removal of trees and shrubs on the unde- sirable species list in section 102-53, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any de- velopment permit issued by the city or the issuance of a certificate of occupancy if applicable. § 102-44 (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscap- ing. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-44. Prohibitions. (a) Placement of materials, machinery, or tem- porary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone, before or during construction. Before or during construction the builder shall erect and maintain suitable protec- tive barriers around all trees to be preserved. Upon written request, the building official, on a case-by-case basis, may allow material or tempo- rary soil deposits to be stored within the protec- tive barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to intro- duce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) 'Structure and pavement location. It shall be unlawful to place any permanent structure or impervious paving (except sidewalks) within eight - foot radius of any tree trunk or stem having a diameter of four inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city prop- erty without the permission of the city evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a diameter of four inches or more at caliper, other than protective wires, braces or other similar noninjurious materials. Supp. No. 14 CD 102:11 § 102-44 CAPE CANAVERAL CODE (g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground within the tree protection zone unless otherwise permit- ted by the building official. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollard- ing of trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demon- strating necessity or without a permit in times of emergency only. The following are deemed unlaw- ful excessive pruning techniques which are pro- hibited on shade trees: (1) Lions tailing. The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatracking, stag heading, dehorn- ing, lopping, and rounding over. The im- proper practice of reducing tree size by making heading cuts through a stem more than two years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps de- cay in the cut stem. (3) Pollarding. The pruning technique that removes sprouts back to the same location annually or biannually maintaining a tree to a specific height. (4) Shearing. A pruning technique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming. Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." 0) Construction near adjacent property. Walls, structures, and pavement shall not be con- structed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-45. Minimum tree requirement. No certificate of occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approved trees: (a) Any new single-family, duplex or triplex dwelling unit on a lot of less than 6,000 square feet or greater: not fewer than two trees. (b) Any new single-family, duplex, and tri- plex dwelling unit on a lot equal to 6,000 square feet: not fewer than two trees plus one additional tree for each 4,000 square feet or fraction thereof over 6,000 square feet. (c) Any commercial, industrial, multifamily or other structure requiring site plan ap- proval under the city land development regulations: -no fewer than six trees or four trees per acre, whichever is greater. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-46. Tree protection during develop- ment and construction; peri- odic inspection. (a) Restrictions during construction. It shall be unlawful for any person, during the construction of any structures or other improvements, to place solvents, petroleum products, paint or masonry materials, construction machinery or temporary soil deposits within the dripline of any tree for which a tree removal permit is required but has not been obtained. This provision includes soil that is placed in the dripline permanently for the Supp. No. 14 CD102:12 VEGETATION purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services publication, Tree Protection Manual for Buildings and Devel- opers. (b) Burden of tree protection on property owner. It shall be the responsibility of a property owner and their agents to ensure that any tree shown on the tree inventory for which a tree removal per- mit has not been obtained is to be protected. The property owner shall guarantee survival of re- tained trees and replacement trees for two years from the date that the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action approved un- der section 102-43 of this division. For new devel- opment projects, the city may require a perfor- mance bond in a form acceptable to the city attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (c) Protective barriers and signage required. Protective barriers shall be installed prior to construction around every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs, as shown on Appendix A: Tree Pro- tection Area Signage and not smaller than two feet by three feet shall be posted at 100 -foot increments along the protective barriers. (d) Site inspections. The building official may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents to ensure that all provisions of this divi- sion are met. (e) Adjacent properties. The property owner and their agents shall ensure that the tree pro- tection zones of trees located on adjacent proper- ties are protected in the same manner that trees located on the development site are protected. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-47. Voluntary tree planting. This division shall not be interpreted to re- strict, regulate or limit the voluntary planting of § 102-48 any tree within the city, except undesirable spe- cies which are prohibited. The provisions of this division govern only the planting of trees which are required to be planted or retained under this division. Trees or plants planted in the city's rights-of-way are subject to removal or trimming by the city at any time. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-48. Waivers; incentive program; ad- ministrative interpretation ap- peals; incentive program. (a) Waivers of division requirements. The city council may grant a waiver to provisions of this division where the applicant demonstrates that the literal interpretation of the division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the division. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpre- tation within 30 calendar days of said interpreta- tion. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mu- tual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Supp. No. 14 CD102:13 § 102-48 CAPE CANAVERAL CODE (c) Incentive program. The city council re- serves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, waiving provisions of the city's land development and zoning code in accordance with section 102-42 of this division and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval by the city council. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-49. Remedial action. (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall re- quire mitigation of any other damage to the property, as well as tree replacements. The resto- ration plan shall be in addition to any civil pen- alty,.imposed_by the city under section_ 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a con- tribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 be- fore issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee survival of replaced trees. The property owner shall guaran- tee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If the replace- ment tree dies, the tree shall be replaced in accordance with this section. For new develop- ment projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compli- ance with this subsection. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-50. Open burning of natural cover. Open burning of natural cover which is the result of land clearing is prohibited. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-51. Rules and regulations and fees for implementing this division. The city council may adopt, by resolution, such administrative rules and regulations and fees ____that are necessary and proper to implement this division. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-52. List of desirable species and plants. (a) All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and. -plants' -set forth in this section. The list of trees and plants in this section are intended to provide the developer and homeowner a list of appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adopted [adapted] to the county's particular set of climatic conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's cli- matic condition are utilized in the form and size context in which they naturally occur, a long-lived and maintenance -free landscape scheme will re- sult within the city. (b) The key to codes used in the list is as follows: Supp. No. 14 CD102:14 (1) Community. (N) North Brevard County. (C) Central Brevard County. (S) South Brevard County. § 102-54 CAPE CANAVERAL CODE TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS Supp. No. 14 CD102:20 Number of Re - Number of Re- placement Small placement Can- Trees or Palms opy Trees Re- Required for DBH of Pro- quired for Each Each Tree Re- Contribution to tected Trees Tree Removed moved Pre erred Plant Ree Bank 4" up to, but not 1 or 1 or Preferred or $250.00 including, 8"plant(s) w/credit 8" up to, but not 2 or 2 Preferred $500.00 including, 12" plant(s) w/cred- its 12" up to, but 3 Not allowed Preferred $750.00 not including, _ _ _. plant(s) w/cred- 16" its 16" up to, but 4 Not allowed Preferred -- - $1,000.00 not including, plant(s) w/cred- 24" its >24" To be preserved; To be preserved; To be preserved; To be preserved; see § 102-41 see § 102-41 see § 102-41 see § 102-41 * These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. - Supp. No. 14 CD102:20 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Site Plans Item 11 No. The requested site plan is for four residential townhouse units. The site is located on N. Atlantic Avenue and AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: SEA SHELL CAY TOWNHOMES, (4) RESIDENTIAL UNITS LOCATED ON SEA SHELL LANE, HARBOR HEIGHTS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval of Sea Shell Cay Townhomes as requested by the applicant, James Morgan, and recommended by the Planning & Zoning Board. Summary Explanation & Background: This item was tabled on 02-07-06 and 02-21-06 at the request of the applicant, and council is seeking an expert opinion on the tree removal request for this property. The requested site plan is for four residential townhouse units. The site is located on N. Atlantic Avenue and Harbor Heights. The applicant has obtained a special exception to develop residential within this C-1 zoning district parcel. Sea Shell Cay special exception was granted on 08-29-05 with an extension date of 08-29-06 and a one-year extension available. The P&Z Board recommended approval of the site plan to the City Council with the following conditions: (1) add an easement to the final plat for access to Lot 3 to N. Atlantic Avenue, (2) meet the condition of the public works director for sewer connection, (3) provide a SJRWMD permit/exemption for drainage, and (4) City engineer to review stormwater calculations provided by the applicant. Exhibits Attached: 1. P&Z recommendation letter dated 12-15-05 2. Site plan application 3. City planner report 4. Staff comments 5. Site plan (hand-out) City Ma !�Wice Department GROWTH MGMT/P&Z mvdoclt en a council\meeting\2006\03-07-06\seashell.doc g. • • 1 TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To - treet, Apt. Nogales -Margo s-Ir. AL USE/ ark er� ?006 32920 or PO Box No. 1 a Box 613 City, State, zrP ape Canaveral, FL 32920 ;edified Mail' Provides: ▪ A mailing receipt ■ A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail • Certified Mall is not available for any class of international mail. ▪ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. (earened) Zoos eunr'oog: uued S • For an additional fee, a Retum Receipt may be requested to provide proof o delivery. To obtain Retum Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested". 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CAN4 3 ark Sent To All r�110ies l.U11S dams -Morgans J ' '�-?`/?"� Street, Apt. No, or PO Box Nop -/-� u ` _B. Q x ¢ 13 city, State, ZIT ape Canaveral, FL 32920 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City Of Cape Canaveral City Clerk's Office 105 Polk Avenue/ ). gox3,1e . Cape Canaveral, FL 32920 S'EA 5)4c) ('Ca't• ,IM. SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: All Shores Construction James Morgan, Jr. P.O. Box 613 Cape Canaveral, FL 32920 3 COMPLETE THIS SECTION ON DELIVERY ature ❑ Agent ❑ ddresse C. Date of Deliver —) Is delivery address different from item 1? ❑ ps If YES, enter delivery address below: ai No ervice Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mall ❑ Return Receipt for Merchandis ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number j �77 r7 p �l' tton nrni m 1 t1 �1 '?.f'rghgl7fromservice labboIll!!1!II!I!lrAAHr1I34 i-10Int ri4k1I!!a�EialrHa+tt0 PS From r4R11 Fahn tam 9rlrld Ilnmastir. Rptiirn Raraint n2sos-ro-m_1 s UNITED STATES P95%.§..kwylEfo. FL 326 ug -61444#0/5,2.6 6 ''''466ittlettuagi :73.61i, MAR 2006 PM 2 'T "` iligt6m4„„mmomi 1.sx, --*-44,4%rolopor - Eirst431ass,Mail Postage ii4Peest.paTd LISPS Rerrinba,a-J0 ,gatmlutt„,_ • Sender: Please print your name, address, and ZIP+4 in this box • City Of Cape Canaveral City Clerk's Office 105 Polk Avenue/Pc?. L9 3(9_6 Cape Canaveral, FL 32920 hill! t 1 h h 1110111111111 ill I I /hit h Mill 10;111AI ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. �Age•t • Print your name and address on the reverse " i ❑ :dresse so that we can return the card to you. eceived by (P nte C. Date of Deliver • Attach this card to the back of the mailpiece, 3_ 2 Y or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: All Shores Construction James Morgan, Jr. P.O. Box 613 Cape Canaveral, FL 32920 D. Is delivery address different from item 1? 1;1 Yes If YES, enter delivery address below: b No 3. Service Type Certified Mail ❑ Registered. ❑ Insured Mali ❑ Express Mall ❑ Retum Receipt for Merchandis ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) !1 1 1 .. ;I1 _ i i i f{ 2. Article Numtie'r' ' (Transfer from service labeq 7005 1820 0005 2043 ;515 7 PS Form 3811. February 2004 Domestic Retum Receiot ❑ Yes 102595-02-M-1 & City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 7 of 12 Mayor Pro Tem Hoog stated that one of the provisions in the Resolution is that the municipalities are provided alternative funding options for the purpose of responding to impacts of declared disaster and alternative funding is FEMA assistance. Mr. Russell shared his concern that the City Council would not engage in an argument with a federal funding agency and hinder emergency efforts such as was done in the New Orleans and Louisiana recovery efforts. Mayor Randels replied that Cape Canaveral responded immediately in a most recent hurricane and the City was reimbursed with FEMA funding. He explained further that Contingency Funding has been set aside to assist in emergency situations. Mr. Russell expressed his confidence in Florida legislators in recovery efforts. Mr. Boucher explained that in a declared disaster each city submits its request through the Brevard County Emergency Operations Center and that request is forwarded to Tallahassee for recovery response. Mr. Russell informed that in an East Texas recovery effort he heard arguments within chain -of -command; however, the responses he heard to his concerns from staff and the Council were acceptable. Mayor Pro Tem Hoog concluded that the priorities list is a summation and is derived from the cities around the State and some of the items would not apply to all cities. The list is a supportive effort among the cities. Mayor Randels provided Mr. Ray Osborne a copy of the list. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt Resolution No. 2006-04. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: 13. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant This item will be tabled until the City Council meeting of January 17, 2005. 14. Motion to Approve: Site Plan for Sea Shell Cay Townhomes, James Morgan, Applicant. Mayor Randels stated that the Planning and Zoning Board approved the Site Plan with the following four conditions: 1) to add an easement to the final plat for access to Lot 3 to North Atlantic Avenue, 2) to meet the condition of the public works director for sewer connection, 3) to provide a St. John's River Water Management District permit/exemption for drainage and 4) for the City Engineer to review stormwater calculations provided by the applicant. Mr. Morgan disclosed that he completed a Voting Conflict of Interest Form with the State due to his ownership of the property. Mayor Randels acknowledged a letter dated on December 19th from All Shores Development to request permission to remove a specimen tree along with City Council's City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 8 of 12 review of the Site Plan. Mayor Randels explained that any trees larger than 24 -inches depth/ breast diameter must be discussed with the Council before removal. Mr. Petsos asked if there was any discussion with the Planning and Zoning Board to move the building within the setback. Mr. Morgan replied that discussion occurred with the Building Official. Some discussion followed on moving the building. Ms. Bea McNeeley, Planning and Zoning Board Chairperson, replied that the Board did not address moving the building within the footprint. A resident stated that there is a 20 -foot public easement that traverses north to south between the first and second lot and the tree is on the easement. Mr. Gardulski replied to Mayor Randels that he was not aware of a public easement. Mr. Morley stated that he also was unaware of any easements. Mr. Morgan requested to see the easement. Mr. Lamar Russell stated that since new knowledge was before the Council, would the Council consider returning the item to the Planning and Zoning Board for further review. Mr. Morgan stated that he preferred to research for a public easement through County records. Attorney Garganese requested to table the item and to have the City ownership and encumbrance report. Mayor Randels requested that the resident contending the public easement submit that information to the City and the City would also order the encumbrance report. Ms. Martha Carroll reminded the Council to return to address the specimen tree removal first discussed. She stated that the ordinance addressed tree protection and she desired to see the ordinance used and trees preserved. Mr. Morgan concluded that the building was designed prior to the ordinance's development. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Table the Site Plan for Sea Shell Cay Townhomes. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 15. C-1 Low Density Commercial District Mayor Randels stated that he initiated this item for discussion. He acknowledged a new Ron Jon's Resort at the City's entrance and noted the number of surf shops in the Cocoa Beach area. Mayor Randels asked if there were any interest in setting limitations on retail shops. He read from the City Code Section 110-334 that establishes where service stations and vehicle rental facilities shall be located. Mayor Randels expressed his concern with a proliferation of surf shops. Mr. Petsos also expressed concern with a growing number of tourists and t -shirt shops. The Building Official stated that the City allows for Special Exceptions in commercial districts. Mayor Pro Tem Hoog said that he did not desire to see additional retail surf shops along the State Road A1A corridor. Mayor Randels noted seven within a three -block area in Cocoa Beach. Attorney Garganese stated that data, analysis and rationale were needed to establish municipal purpose. BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lain Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown' & Cocoa Victoria L. Cecil Suzanne D'Agresta° Scott J. Domstein Anthony A. Garganese° Andrew M. Fisher J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Paul H. McLester Amy J. Pitsch 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law January 13, 2006 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Sea Shell Cay Replat City of Cape Canaveral (513-001) Dear Bennett: Erin J. O'Leary Of Counsel This letter is in response to your email correspondence dated January 6, 2006, in which you asked whether a 20 -foot public utility and drainage easement located on property commonly referred to as "Sea Shell Cay" would be vacated upon the City's approval of a final replat of that property. Executive Summary Upon the City's approval and the subsequent recording of the final replat of the subject property in the Brevard County public records, that portion of the prior plat encompassed by the replat will be nullified in its entirety and any public easements or rights of way located on that portion of the prior plat will be automatically revoked. Facts According to your email, in August, 2005, the City approved a preliminary replat of property commonly referred to as "Sea Shell Cay" ("the subject property")' and final 'A legal description of the subject property is provided on the site plan, dated November 8, 2005, submitted for the Sea Shell Cav auadDlex structure. 225 East Robinson Street, Suite 660 - P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.oriandolaw.net - Email: firm@orlandolaw.net Bennett Boucher, City Manager January 13, 2006 Page 2 approval is pending. Once the final replat is approved and recorded, it will result in the combination of two parcels of property. The portion of the prior plat that is depicted in the replat depicts a 20 -foot public utility and drainage easement, which, once replatted and combined with the additional parcel, will run through the center of the replatted parcel. The developer of the subject property seeks to construct a new quadplex structure located directly over the public easement, thereby eliminating any practical use of the easement. You have indicated that there are currently no utilities located within the easement and as such, no utility company or adjacent property owner is currently being benefitted from the easement. Analysis As you know, under the City Code, preliminary plat approval is valid for a period of six (6) months. If an applicant has not obtained a construction permit, has not been granted one (1) six-month extension of time by the Planning and Zoning Board after demonstrating good cause, or has not made final plat approval within six (6) months of preliminary plat approval, the preliminary plat approval is revoked and the applicant is required to reapply under Chapter 98 of the City Code. See section 98-47, City Code. Furthermore, once final plat approval is sought, the final plat must conform substantially to the preliminary plat, as approved by the Planning and Zoning Board. See section 98-56, City Code. Additionally, Chapter 177, Part I, Florida Statutes, which addresses platting, provides in section 177.101(2): ... The approval of a replat by the governing body of a local government, which encompasses lands embraced in all or part of a prior plat filed of public record shall, upon recordation of the replat, automatically and simultaneously vacate and annul all of the prior plat encompassed by the replat. This provision of Chapter 177 allows for the City to replat a part of previously platted property and upon recording of the same, vacate that part of the prior plat encompassed in the replat. Given the applicable Florida Statutes and City Code provisions cited above, the City is authorized to proceed with the consideration of the Sea Shell Cay site plan even though the final plat has not been approved and recorded. However, the site plan is required to conform substantially to what was approved during preliminary re -plat review. At such time as the final replat is approved by the City, the same will be recorded in the public records and act to nullify that part of the prior plat encompassed by the replat, and any easements and rights of way included in that part of the prior plat will be revoked. So, while the public utility and drainage easement reflected on the prior plat is still technically considered a current easement of record, when the final replat is approved and recorded, the easement will no longer exist. Bennett Boucher, City Manager January 13, 2006 Page 3 Notwithstanding the above analysis, the City should give due consideration to whether any easements depicted on the relevant part of the prior plat of the subject property are being used. If so, the City should require that any existing infrastructure be removed and relocated, or that the property owner provide easements on the replatted property to accommodate any existing utilities. Moreover, in accordance with section 98- 47, should the developer fail to meet the requirements to record the final replat on a timely basis, the current plat of record will not be affected, and the easement will remain. matter. Please contact my office should you require further information regarding this Very Truly Yours, Kate Latorre Assistant City Attorney MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director RE: Sea Shell Cay Townhomes Easement Vacation, Harbor Heights Sub. DATE: January 30, 2006 The Public Works Department reviewed the re -plat of the above stated project and has a concern about vacation of the easement as noted on the Harbor Heights First Addition Plan. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Therefore, all future re -plat requests shall depict and note all easements that are new, existing and/or vacated as the result of the re -plat. This disclosure will assist staff in their review and prevent delays for the applicant. The Public Works Department has determined that the subject easement is not utilized and not needed, hence recommend the vacation of the subject easement as the result of the recorded re -plat of Sea Shell Cay Townhomes. R1 f it V `F1Rh P',': ?F ;ill -7M-70n5 riT-ITTI FR PACiF 02 January 3, 2005 Mr, Todd Morley City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 3292C RE: Site Plan Review — Sea Shell Cay - Review #3 (Sea Shell Lane — New Quadraplex Building) SSA Job No. 05-00251012-1004 Dear Mr. Morley: SQA SSA has reviewed the above -referenced project and based on our review, SSA recommends sa:d plan for City approval. 'This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. Q (4 John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review #3 -- $95.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Fngineering Fees for all reviews after 2rd review will be billed at $95.00 per hour. ST O'I'11 ER STAGG & ASSOCIATES ARCH",CTS ENGINEERS PLANNERS, INC. 8680 North °.ilantic AyeLtie V O. Bnx i6w Cape Canaveral, norida 32920 Tel 321-783.132x1 FAx 321-783.706;, civnnrcjects+cnpetLvua sneY Cay rsu?yy 9 awtaedee Lie. *AACW 3N OE$0000762 MLB0006700 City of Cape Canaveral 005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Site Plan for Sea Shell Cay Townhomes - James E. Morgan, Applicant. At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 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 Meeting Type: Planning & Zoning Meering Date: 12/14/05 AGENDA Heading Site Plan Item # No. Exhibits Attached: AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Sea Shell Cay — Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Sea Shell Cay. Summary Explanation & Background: The requested site plan is for four (4) residential units. The site is located at the corners of North Atlantic, Harbor Drive and Coral Drive. The site has a special exception to allow residential use in a commercial district. Exhibits Attached: 1) Application, information from that applicant and staff comments. Planning Official's Office Department CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Project Name: A� �y�--tom _ ems{ T W d e�,{ --—==-.RESIDENTIAL:..-- 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? 4 (4) or more Residential Units $50.00 (1st (4) Units), $50.00 $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50 % of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units... ($700.00 Over 4 Units to 50 Units .................. $1,800.00 Over 50 Units or Hotel/Motel ........ $2,800.00 COMMERCIAL: Up to 4 Acres.................$1,800.00 Over 4 up to 8 Acres ..... $2,300.00 Over 8 Acres - Review fee to be established after pre - application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW REVIEW DEPOSIT RECEIVED: $ `-1 C -C3 , oc-' C-T� TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ PAID RECEIPT NO. DATE RECV'D_ Q/.� l� 5cc. 00 5ISA Iv-1z-ct; - ..r PROJECT INAA,- LEG,U DESCRIPTIO;;: ER(S)�A1IE: OW N-ER(S' AD D RE r, DATE: ml PHONE 'NZ--Nr.BER: OF ARCFiITECT/E-NG�,�EER: rr PHONE INT-NIBER: 4e,3--;5 A-PPLICLNT-S SIGNATURE: OWNER OR AGENT PHONE LgER: a /95 If -j (�- SITE PLkN, APPROVAL PROCEDURE; Step 1. Site Pian Submittaland Review Required: Yes No q ed. New commercial building or structure? New residential structures units? with three or more dwelling Commercial addirions exceeding S.'0 square feet? If sea has been checked on any of the abo��a side--_� _ is-T---e-q-uire-d. P a-sub12UttaI and review Step 2. Submit fire (_, copies of the �' EII`, ar site plan signed and sealed by. a Professional -ne` , licensed in the State of Florida along jvith a f-Lg fee to the Building (The Boar' Department 30 days prior to the Zoning Board meeting. of every month.) - Planning and ra meets the 2nd and 4th ti�ednesdav The Building Department shall distribute the sitelans t departments and return comment< to thea P to the following submittal. applicant within 10 days of its 1. Cite Engineer 2• Building Deparlment 3• Fire Official 4. Florida Department of Environmental Protection (if appropriate) tep 3. The applicant shaII return nine (9) copies of the revised' with written responses to all comments at least seven site plan along a Planting and Zoning meas, (-/) days prior to tep 4. Compliance with Stormwater Concurrency Management. tep 5. The Building Department will return one (1) copy of the applicant marked with the Board's approval subject to co tin plan the applicable.) g ies( if .r SITE PLAN CHECIU,IST SITE PLAN INFORl' UTION: (General) Y es No N.A. r ��tSize. height .. , number of units and location of proposed and e.,asting structures. Dimensions ---- T�-t.al =r-0-.mss—ar-era-n-d— -e:-c �-- P"� devo ed to structures, parking and landscaping. Number of uaits umber of parking spaces and loading zones Traffic flow diagram Density (units per acre) Location and dimension for the following areas: Y Park(s) / Canal(s) -I— Si-aterw av(s) -X— Boat slips) Parkin= -)L— Swimming pool(s) Driveway (s) Recreation SITE PLAIN CHECKLIST (CONTRYUM PAGE 2 Dune crossovers Other (specify) Type of enclosure for commim-i Fire alarm and standpipe data Vicin.iry man Location of planned Iandscapina Finished Grades for the following: Entire parcel Finished floors T Streets Parking lots Sidewalks 10" of adjoining property Retails. sections ands ecifications Stree* lights Water and sewer r i - --- �-1-LjLjj%_ L, �) l C 0Nr T�-TTEDI - PAS 3 Yes No N.A. Paving and drainage ` Curies Storm drains �J i S dewalls Engineer' SPa1_o-n-dr-a,,in s Square footer?e of huildin? areas Livi.na Parking _ Other (spe-ifv) Total under roof Required notes: / Sidewalk and sanitary sewers to be constructed to Citv of Cape Canaveral standards - i/ Water ater lines to conform to City. of Cocoa standards Fire alarm s-v stem to be instaIIed and connect to City of Cape Canaveral Fire Department TOPfl�RAPHIC SUR`-E. standards. LSC and G.S. datum plane Existing, a s tre4t lights Ron. ,21 ■�■■i ■ ■ I ` BREVARD COUNTY ROADWAY AND EASEMENT PERMIT PERMIT -TO BE POSTED AT JOB [E: 20050802 CONSTRUCTION TYPE: CITY PERMIT#: P01Y8323 )3E: DRIVEWAY FOR TOWN HOMES ZONING CLASS: . � 'ONST VALUE 0 8AS HEAT: NO ' W: 24 R8: 37 SC: 14 SUB: BK: LT: BDR: 0 L.AREA 0 �CODE: 901 S/D NAMF: HARBOR HEIGHTS WEST CONST: :UILD. SIZE: COND'SQ/FT: ;ITE .DDRESS: SEA SHELL LANE &B: �ONTRACTOR: N/A DDPESS: 0 OTHER SQ/FT: 0 TOTAL SQ/FT: 0 CAPE CANAVERAL 32952 PLAT BOOK AND PAGE ISNOT ON FILE MILL: 260', CERT.#: PHONE: 0 STREEl/ROAD IP PPL lCANT: AtSHOREn CONSTRUCTION PHONE CITY DDRE5S: 413 LINCOLN |)VE CAPE C�N/`yERA1. 329�;7 NUMBER STREET/ROAD CITY S[ 321 6930941 F>' FRMlTTEE RESPONSIBLE FOR DAMA8ES TO ROAD/FASEM£NT5 0JRlNS CONSTRUC[l/lN CONDJTIONS FOR CONSTRUCTJON: LOT DKAINAGE: FRONT DRAIN. WARP: CULVFRT: GAUGE AC[MP: RCP: AL|/MTN|]M: _ HEADWA|LS: MIlERED ENDS PERMIT MUST RE FAXFD TO ARFA ROAD & BRJDSE PRIOR TO CALL FOR CULVERT TNSTALLATION: NORTH AREA:264-6424 CFNTRAL 455-1392-W SOUTH 255-4352 - APPRU;ED DR]VFWAY WJDTH; 24' OB8 FRMARDS MUST RE 1"X6" OR 2"X6" WIDE TN COUNTY R7O.W' & EASEMENTS,^LANDSCAPlNG IN RIGHT-OF—WAY & EASEMEN7S R EQUIRE ADDlT]gNAL PERMITTING CALL 633-217RX2 CONCRETE 6 INCHES IN DEPTH AND 3000 PST WITH WIRE MESH IN CnUNTY R/W 3 FT. MIN FLARES EACH SIDE OF DRIVEWAY. 40 FT, MIN FROM lNTERSECT[= ROAD R/W., RESTOR� AND SOD ALL AREAS DISTURBED BY CONSlR. TN CNTY R/W OR EASEMENT Y /}CCEPTANCF OF TH191 PERMIT THE pERMlTTEE AGREES TO THE TRRMS �D CONDITIONS [/F THIS PERMlT. RISH7—PF—WAY TNSPECTIONS MUST BE ]TIF[ED 48 HD/RS PRIOR TO START DATE ON AND ]MMERC]AL PROJECTS. PRE—POUR AND FINAL JNSPEClIONS MUST BE �LLED lN 24 HOURS IN ADVANCE AND BY 4:30PM TO BE INSPECTED AE FOLLOWING BUSlNFSS DAY. PHONE 321-633-717R �P\ lCANT MUST CnMpLY WlTH F.S. 93.240 FOR UTli[TY LOCATE INFORMA[1ON. 4SPECTOR NAM[� RANDY Di|RAND QSP SIGNATURE___ Contractor for any damage to Right -of -Way and Easements and must repair and restore k>Brevard County and Florida Department 0fTransportation Standards prior hJC/O o[Final � Construction �/��� �� ~~=~ "" interfere with drainkge DATE OF FINA(. INSPDATE OF PRE—POUR fNSP, ___/___/___ Chapter 556, Florida Statues, requires the Pcrmittee, prior to any excavation or dernolition activities, to notify the ONE -CALL system.(also called Sunshine State One -Call). 7his is to be done Dot less than 2, nor more than 5, business days beRre begimung. 1-800-432-4710 ����� APPUCATE Mu City of Cape Canaveral Site Plan Sea Shell Cay Applicant: James Morgan Location: Range: 37 Township: 24 Section: 14 Lot 4 Proposed Amendment Acreage: C-1 Commercial: 0.54 +/- Acres Permitted 15 DU per acre: 8 residential maximum whole site Commercial C-1 N/A Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: 4 7.45 DU/AC Commercial C-1 Commercial C-1 Description: The applicant proposes to build four (4), two story townhome units on a 0.54 acre lot. The subject site is located on the northeast quadrant of North Atlantic Avenue and Harbor Drive. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning Cl Commercial C-1 Commercial R-1 Residential C-1 Commercial Comp Plan Cl Commercial C-1 Commercial R-1 Residential C-1 Commercial Existing Conditions Vacant and Single Family Residential Multi Family Residential Single Family Residential Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 3 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate 1,000 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,200 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 8 to 10 new persons. Page 1 of 2 Bennett Boucher From: Todd Peetz [TPeetz@millerlegg.com] Sent: Thursday, December 15, 2005 11:23 AM To: Bennett Boucher; Todd Morley; Ed Gardulski; John Cunningham; Andy Kirbach; jpekar@stottlerstagg.com; Beatrice McNeely; chapman-cape@cfl.rr.com Subject: 12/14/05 P&Z & LPA Meetings Review Team, The FYI from Wednesday night's P&Z meeting. 1) Meeting Minutes -Minutes for 11/30/05 were approved with minor changes. 2) Utility Easement Agreement - Villa Campania - The Board recommended to council that the easement agreement be approved 5-0. 3) Special Exception 05-14 Residential in Commercial on Oak Lane - The Board recommended (after some discussion over the quality of the road) to the Board of adjustment that the special exception be approved 5-0. 4) Canaveral Bulk Storage Site Plan - There was considerable discussion over the process and the intention of the previous special exceptions granted on the property. It was agreed that at this time there doesn't appear to be any wrong doing on the part of the applicant or the City that had been suggested in the discussion. The applicant provided all the missing pieces of information that were requested at he last P&Z meeting. Recommend approval to City Council 5-0. 5) Sea Shell Cay Site Plan - There was some discussion about the few outstanding conditions that were identified by staff that the applicant has agreed to remedy. They were 1) add an easement to the final plat for access to lot 3 to north Atlantic. 2) Meet the condition of the public works director for sewer connection. 3) Provide a SJRWMD permit/exemption for drainage and 4) have the City engineer review the storm water calculations provided by the applicant. All other staff issues that were raised have been satisfied. The Board recommended approval to City Council with conditions 5-0. 6) Discussion Density Study - The meeting was already past 10 pm . Mr. Peetz provided a brief outline of the what the GIS information produced with some facts regarding different types of land uses. There was some discussion about what to do next. It was suggested to have a workshop with the City Council to discuss further. There was also some information related to the moratorium area discussed under this topic but it was in the context of the entire City. 7) Discussion Moratorium Study - Was not specifically discussed do to the time of night and the need to conduct the Local Planning Agency meeting. Meeting Adjourned approximately 10:20 pm The Local Planning Agency Meeting started approximately 10:20 pm 1) Meeting Minutes - Minutes for 6/8/05 were approved. 2) Discussion of the DCA ORC Report - We went through the objections and recommendations of the DCA Report. Mr. Peetz share with the LPA what DCA staff had mentioned in regards to the amendment. Basically the State does not want to increase density or intensity (square footage) in the CCCL area. It was discussed that the policy should be better clarified to meet the intent of the City. Some suggestions were provided like having greater building code standards, limiting density and or square footage to what property owners already have. Mr. Peetz mentioned that the City would need to adopt by January 20th to meet the Statutory requirement, next LPA meeting would be 1/11 and Council would need to 12/15/2005 Site Plan To: Miller Legg & Assoc. Todd Peetz Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 N��znp i! -o Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 18, 2005 Re: Sea Shell Cay Site Plan Review I have reviewed the Sea Shell Cay Site Plan and have the _following comments; 1) The applicant does not state whether there is a shared access easement for the driveways. The site plan should identify shared drive way easement for the two properties on North Atlantic. This could also be done at the time of the final plat. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director RE: __ _ Sea_ Shell_ Cay_Townhomes Site Plan Review DATE: November 18, 2005 The Public Works Department has reviewed the above stated project and has the following Condition: 1. Any interconnecting 4" sanitary sewer laterals between two or more Units shall have a 6" or larger pipe from the union point to the sewer main. J 1 J I I LthC December 7, 2005 Mr. Todd Morley City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Site Plan Review— Sea Shell Gay.- Review #2 SSA Job No. 05.00251012-1004 Dear Mr. Morley: HMNU _ 01 SQA SSA has reviewed the above -referenced project and based on our review, SSA has the following comments: 1. Provide a copy of the SJRWMD ERP Stormwater Permit/Exemption. 2. Please address the stormwater issues within the site. Provide a copy of the drainage calculations for the project including the routing of the 25-year/24-hour storm event. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. - -- f55-+ e_ Q1(6 John - John A. Pekar, PE Sr. Vice President - City Engineer An irbach, P Project Engineer City Engineer's Review Fee For Review #2 — Included in Review 41 NOTICE OF ADDITIONAL FEES As this project is being revi&"d under the original City contract, Engineering Fees for all reviews after 2"° review will be billed at $95.00 per hour. STOTI7.ER STA GG & ASSOCIATES ARCHMCTS ENGINEEiILS PWO MFS, INC. 8684 Nodb Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Flodda 32920 Tel 321-78&.1.324 Fax 321.7837065 U:goan sotorivaWbrojed0tapol.9ea s nE Ayt-Y4% 2.do, Lie. #AAC000439 PEBO"762 #L$0006700 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Ordinances -1S` Reading Item 12 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2006, AMENDMENTS TO CHAPTER 110 DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No. 02-2006, amending Chapter 110, clarifying the building official's duties and authority; clarifying the general requirements for a building permit and application requirements. Summary Explanation & Background: These amendments are a result of a joint code review workshop meeting with the Planning & Zoning Board. The board recommended this proposed ordinance at their 02-22-06 meeting. I recommend approval. Exhibits Attached: Ordinance No. 02-2006 City Manager' ice Department GROWTH MGMT/P&Z cape- m\mydo me in\council\meeting\2006\03-07-06\02-2006.doc DRAFT 2-10-06 ORDINANCE NO. 62006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on January 17, 2006, that revisions are required to clarify and simplify Chapter 110 with regard to the duties and authority of the building official and the building permit application process and requirements; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotit type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. _-2006 Page 1 of 5 DRAFT 2-10-06 CHAPTER 110. ZONING ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Sec. 110-87. Enforcentent Interpretation of chapter. It is the intent of this chapter that all questions regarding the interpretation and application of enforcement the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and p=tic alm ly by state in w. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of - (1) £ (1) Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and (2) Establishing a schedule of fees and charges. Sec. 110-88. Duties of building official. (b) If the building official finds that any section of this chapter is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter or by law to ensure compliance with or to prevent violation of this chapter. Sec. 110-91. Conformity to plans, specifications, intended uses and applications. Under this chapter, building permits or certificates of occupancy issued by the building City of Cape Canaveral Ordinance No. _-2006 Page 2 of 5 DRAFT 2-10-06 department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a violation of this chapter and shall authorize the building official to revoke or suspend any previously issued building permits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law arc bailding official to have the efectricai trieter removed fiom the anit antH such violation is correctcd and dr, bailding permit or cettificate of occapancy is brought carrent. Sec. 110-92. Schedule of fees, charges and expenses. (a) The fees and charges, in connection with matters pertinent to zoning, including, but not limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the application filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved. (c) No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning petitions, zoning ordinance amendments, special exceptions, variances or appeals shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city. Secs. 110-93--110-105. Reserved. DIVISION 2. PERMITS Sec. 110-106. Required. (a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official in accordance with law. NO bailding shall be issned, except in confonnity Yvith this chaptet and section f 06 of the building code adopted in section 82-3 f or other codes and statates as applicabie, witif after w i itten ordel- fiorn thc board of adjastment in the form of an administrative review, special exception 01- ovidedby this chapter. City of Cape Canaveral Ordinance No. _-2006 Page 3 of 5 DRAFT 2-10-06 Sec. 110-107. Application. (a) All applications for building permits required under this chapter shall be made in conformity with this chapter and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by the appropriate number of copies of plans, as determined by the building official in dapiicate, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. (b) It shall be unlawful for any person to continue construction of any building or structure beyond the f6midation tnitil a plot plan shovying the forindation of the building or structure grade beam form, stemwall form or monolithic slab form, as appropriate to the type of foundation construction, until a scaled form -board survey has been prepared in dapiicate by a Florida licensed surveyor and approved by the building official. One copy of the plot plan shall be returned to the owner, and one One copy of the survey shall be filed with the city. The form -board survey shall be indicative of the intended placement of concrete for the foundation of the structure and shall include, at a minimum, the name and address of the project, the elevations at the top of the forms, the elevations of the centerline of the abutting roadway, the dimensions for the structure, the dimensions to the property lines, and the dimensions to other structures and improvements located on the same lot. Sec. 110-108. Expiration. The expiration date of the building permit shall be in accordance withsection f 66.6 the building code adopted in section 82-31. Secs. 110-109-110-120. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. _-2006 Page 4 of 5 DRAFT 2-10-06 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan 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 5 of 5 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Resolutions Item 13 No. noted in the proposed project list, Exhibit "B" attached. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-07, SUPPORTING THE 1% DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR A FIVE (5) YEAR PERIOD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-07, supporting the adoption of an ordinance by the Board of County Commissioners of Brevard County levying a 1% discretionary infrastructure sales surtax for five (5) years, subject to voter approval in a November 7, 2006 referendum. Summary Explanation & Background: If this tax is approved by the voters in November, the City would receive $3.12 million for roadway improvements noted in the proposed project list, Exhibit "B" attached. See attached tax outline and draft interlocal agreement. Please advise. Exhibits Attached: Resolution NO. 2006-07 and supporting documents City Manager's�rce Department LEGISLATIVE cape -n my ocumen in\council ting 2006\03-07-06\2006-07 doc RESOLUTION NO. 2006-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING ADOPTION OF AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY LEVYING A ONE PERCENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR FIVE YEARS SUBJECT TO VOTER APPROVAL IN A NOVEMBER 7, 2006 REFERENDUM; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, Brevard County currently has over $500 million in unfunded priority transportation needs; and WHEREAS, projected revenues from the Local Option Fuel Tax and Transportation Impact Fees will be substantially insufficient to fund these projects; and WHEREAS, a one percent sales surtax for a term of five years would provide Brevard County and the Brevard County municipalities with an estimated $350 million in revenue to apply to transportation needs; and WHEREAS, the City of Cape Canaveral will enter into an interlocal agreement with Brevard County and signatory municipalities to provide for the distribution of revenues from a sales surtax to fund defined transportation projects; and WHEREAS, the City of Cape Canaveral will agree that a share of municipal surtax revenues shall be distributed to Brevard County to supplement County surtax revenues in funding and implementing County transportation projects within municipalities. Resolution No. 2006-07 Page 2 of 3 BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. That the City Council hereby supports the Board of County Commissioners of Brevard County in its approval of an ordinance to levy a one percent discretionary infrastructure sales surtax, subject to voter approval in a November 7, 2006 referendum. SECTION 2. That the City of Cape Canaveral establishes its intent to enter into an interlocal agreement with Brevard County that provides for the distribution of revenues, including a Brevard County partnership, from the sales surtax and that identifies the City and County transportation projects that will be funded with revenues from the sales surtax. SECTION 3. That upon approval of this resolution, the City Council authorizes a copy of the resolution to be faxed to the Board of County Commissioners and to the Space Coast League of Cities as well as a copy published in the Florida Today newspaper in the next 30 days. SECTION 4. That the City of Cape Canaveral City Council approves the transportation expenditure list established for funding and included herein as Exhibit B to this Resolution. SECTION 5. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 6. That this resolution shall become effective immediately upon its adoption in accordance with the Charter of the City of Cape Canaveral. SECTION 7. That this resolution was adopted at a regular meeting of the City Council on the 7th day of March, 2006. Resolution No. 2006-07 Page 3 of 3 ATTEST: Rocky Randels, MAYOR i= Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST City of Cape Canaveral March 9, 2006 Ronald Wallen W3 Development 265 Stewart Drive Merritt Island, FL 32952 RE: Preliminary Re -plat for Villagio Del Mar Washington Avenue — Ronald Wallen, Applicant. Dear Mr. Wallen: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary. Re -plat at their meeting held on March 7, 2006. • Based, on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Villagio Del Mar, Washington Avenue (Avon by the Sea Subdivision). In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 8681220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City Of Cape Canaveral City Clerk's Office 105 Polk Avenue Cape Canaveral, FL 32920 Iln:s,0 i aLuut'� _0 2 )1111111111111111111111111111111111111111i;„III,,,.,1,1,1,1,, I ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ronald Wallen W3 Development 265 Stewart Drive Merritt Island, FL 32952 2. Article Number (Transfer from se,vlce label) PG Form RR1 1 Fohn Ian/ 7nnd COMPLETE THIS SECTION ON DELIVERY Aanature ❑ Agent f✓ �� ❑ Addressee 3�Re rived IRy ( Printed Name) C. Date ofDe'ven 3//o U( D. Is delivery address different from item 1? ❑ Ye If YES, enter del' address below: o 10 ►!. ) • e T e 2OO ) Certi�ed I _ 0-Ex' Mall ❑ Registerekv 67fietfim Receipt for Merchandis ❑ Insured Mall LI C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1820 0005 3043 5669 nnmactir Rwturn RPrwint 102595-02-M-154 r .a n -n n Retum Receipt Fee (Endorsement Required) 3 Restricted Delivery Fee j l ..(Endorsement Required) v . . - os - rviceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como tARrfI n Postage Certified Fee Total Postage & Fees Sent Ronald Wallen Street, Apt. NW3-Development 32 52A $ 3P $2.40 $1.85 rll,llfl $ •.41b4 u 0280 1 14 Postmark F{ere 03/09/2006 6 Of PO Box N265 .SYeWartaive City, State, Z +4 Merritt Island, FL 32952 ;edified Mail Provides: • A mailing receipt e A unique identifier for your mailpiece i A record of delivery kept by the Postal Service for two years mportant Reminders: r Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai Certified Mail Is not available for any class of intemational mail. s NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. FF valuables, please consider Insured or Registered Mail. I For an additional fee, a Retum Receipt may be requested to provide proof c delivery. To obtain Retum Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece 'Retum Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i required. • For an additional fee, delivery may be restricted to the addressee r addressee's authorized aggent. Advise the clerk or mark the mailpiece with th endorsement °ResMctedDelivery°. t It a postmark on the Certified Mail receipt is desired, please preseili the art cle at the post office for postmarking. If a postmark on the Certified Ms receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail iddressed to APOs and FPOs. (esieney) ZOO eunr '0088 wJO S Exhibit "B" City of Cape Canaveral Sales Surtax projects 1) N. Atlantic Avenue, widen to three lanes, sidewalks and street lighting. $ 200,000 2) Ridgewood Avenue, reconstruction of roadway, sidewalks and street lighting. $ 1,120,000 Proposal for Countywide Sales Surtax On Nov. 7, 2006 Ballot THE NEED FOR A SALES SURTAX Brevard County and the municipalities have an extensive list of needed roadway projects that could be completed in a timely way with additional revenue. A 5 -year, 1 -cent sales surtax can provide approximately $350 million in revenue to implement roadway improvement projects in Brevard County. Under this proposal, use of the funding would be limited to roadway improvements and roadway -related drainage improvements. THE PROCESS Interested municipalities and the County must approve a resolution and accompanying interlocal agreement indicating their support of a one -cent sales surtax for a period of five years and their agreement regarding intended use (projects) and oversight. The Brevard County Commission must then approve an ordinance levying the sales surtax subject to voter approval in a referendum. INTERLOCAL AGREEMENT In the interlocal agreement, the County and the signatory municipalities must define all the projects that are to be funded with the sales surtax revenue. The distribution of surtax revenue to the County and municipalities will be by statutory formula EXCEPT that the municipalities will share a portion of their funds with the County for its use in improving County -maintained roadways that are inside municipalities. Each city/town will accept only 2/3 of its revenue share in exchange for the County applying the other 1/3 ($50 million) toward construction of pre -approved County road improvements in municipalities. SCHEDULE OF REFERENDUM ACTIVITIES Endorsement by Municipalities - February/March 2006 County Approval of Ordinance - April/May 2006 Public Education Opportunities - May - November 2006 Referendum - November 7, 2006 Effective Date - January 1, 2007 Termination of Sales Tax - December 31, 2011 ESTIMATED REVENUE OVER 5 YEARS (in Millions) Brevard County $248.12 Melbourne Beach $ 1.09 Cape Canaveral $ 3.12 Melbourne Village $ 0.25 Cocoa $ 5.57 Palm Bay $ 28.19 Cocoa Beach $ 4.09 Palm Shores $ 0.30 Indialantic $ 0.97 Rockledge $ 7.43 Indian Harbour Beach $ 2.76 Satellite Beach $ 3.46 Malabar $ 0.89 Titusville $ 13.67 Melbourne $ 23.88 West Melbourne $ 4.41 BREVARD COUNTY TRANSPORTATION INFRASTRUCTURE PLAN INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, by and between BREVARD COUNTY, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Melbourne, FL 32940 (hereafter referred to as the "COUNTY"), THE CITY OF COCOAB H, a F 6 muniroratiorrhose address is 2 South Orange Avenue GE ach, L 31 ( lifter refer- ` ," , as "COCOA BEACH"), and THE T , N ' A A , a Flog % unto orporation, whose address y; is 216 Fifth A s of"dialrt 290�herea+� to as "INDIALANTIC"), and THE C1'Y OF IN HiOUF BEACH, a Florida municipal corporation, whose addrqis 2Q55 S PatMk; Dive Indian Harbour Beach, FL 32937 (hereafter -' referred to aNDl'H UFS°BEACH"), and ,Vj THE To OF MALABAR, a Florida municipal corporation, whose address is 2725 Malabar' d`;, Malabar, FL 32950 (hereafter referred to as "MALABAR"), and THE CITY OF MELBOURNE, a Florida municipal corporation, whose address is 900 East Strawbridge Avenue, Melbourne, FL 32901 (hereafter referred to as "MELBOURNE"), and THE TOWN OF MELBOURNE BEACH, a Florida municipal corporation, whose address is 507 Ocean Avenue, Melbourne Beach, FL 32951 (hereafter referred to as "MELBOURNE BEACH"), and THE TOWN OF MELBOURNE VILLAGE, a Florida municipal corporation, whose address is 555 Hammock Road, Melbourne Village, FL 32904 (hereafter referred to as "MELBOURNE VILLAGE"), and THE CITY OF PALM BAY, a Florida municipal corporation, whose address is 120 Malabar Road, S.E., Palm Bay, FL 32907 (hereafter referred to as "PALM BAY"), and THE TOWN OF PALM SHORES, a Florida municipal corporation, whose address is 5030 Paul Hurtt Lane, Palm Shores, FL 32940 (hereafter referred to as "PALM SHORES"), and Brevard County Transportation Page 1 of 5 Infrastructure Plan Interlocal Agreement THE CITY OF ROCKLEDGE, a Florida municipal corporation, whose address is 1600 Huntington Lane, Rockledge, FL 32940 (hereafter referred to as "ROCKLEDGE"), and THE CITY OF SATELLITE BEACH, a Florida municipal corporation, whose address is 565 Cassia Boulevard, Satellite Beach, FL 32937 (hereafter referred to as "SATELLITE BEACH"), and THE CITY OF TITUSVILLE, a Florida municipal corporation, whose €idress is 555 South Washington Avenue, Titusville, FL 32781-2806 (here' d erred to as "TITUSVILLE"), and THE CITY OF WEST MELBOURNE, a Flond�m�r cipal co °dation, whose address is 2285 Minton Road, West Melba FL 32804 (hereafter referred to as .WEST MELBOURNE"). „uk'y�........ `', WHE m er' authorityb 21 5(2), Florida Statutes, and pursuant to breva un Ord dance N"" " r, , the COUNTY has imposed a 1.0 perGerf (1m Vel end .nfrasttture sales surtax upon taxable transactions t�ccurri tt in , v Gott and has provided for distribution of the proceeds frc�rrt the s�lrtax, ► ect t©y outcome of a referendum in November, 2006. WHEREAS]he COUNTY and signatory municipalities desire to earnestly and cooperative�iivojethY r in order to benefit the citizens of Brevard County and the municipalities Brevard County by providing acceptable levels of service for roadways wli revard County, and by providing for the distribution of revenues of the local government infrastructure sales surtax according to the terms of this Agreement. NOW THEREFORE, in consideration of the promises, covenants and commitments contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by all parties hereto, the parties agree to provide for the distribution of the revenues derived from the local government infrastructure sales surtax as follows: Section 1 — Term This Agreement shall become effective when approved by the Governing Bodies of the COUNTY and the requisite number of municipalities pursuant to Section 212.055(2)(c)1, Florida Statutes. This Agreement shall remain in effect for the life of the surtax imposed pursuant to Brevard County Ordinance Number Section 2 — Distribution of Proceeds (a) The net revenues (meaning the collected surtax less the amounts retained by the Florida Department of Revenue pursuant to Florida law) derived from the local government infrastructure sales surtax levied and imposed by the COUNTY shall be allocated in accordance with this Section. Brevard County Transportation Page 2 of 5 Infrastructure Plan Interlocal Agreement (b) The COUNTY shall receive a proportion of the net sales surtax revenues in accordance with the distribution formula for each county government as defined in Section 218.62(2), Florida Statutes, to wit: The proportion for each county government shall be computed by dividing the sum of the unincorporated area population plus two-thirds of the incorporated area population by the sum of the total county population plus two-thirds of the incorporated area population. The COUNTY shall also receive one-third (1/3) of the proportion of the revenues The revenue received by COU F ' s#�all to dilignixly implement transportation projects dor ro4 Bre ounty th �e under the COUNTY's jurisdictl" tIiste in it " this Agreert. (d) The C shall also receive the two-thirds (2/3) portion of the revenue for each b,, non -O" @ tory municipal government and shall deposit said revenues in interest bearing escrow accounts for distribution to each municipality upon satisfactory documentation by the municipality that an eligible transportation project is being implemented in a timely manner. Interest earnings must be used to supplement the budget of eligible transportation projects. At the end of the five-year term of the sales surtax collection, all funds remaining in the escrow accounts that have not been budgeted for eligible projects in the non -signatory municipalities may be redistributed to the County or signatory municipalities for eligible projects in their jurisdictions. An oversight committee, as defined herein, shall determine an equitable distribution of these funds. (e) Population data used to determine the distribution of revenues shall be from the Florida Estimates of Population 2005 as published by the Bureau of Economic and Business Research, University of Florida. The distribution of revenues shall be recalculated annually based on the most current edition of the Florida Estimates of Population. Any change shall be effective at the start of the distribution year following the recalculation. (f) It is the intent of the parties to improve the transportation infrastructure within Brevard County and its municipalities, and thereby provide acceptable levels of Brevard County Transportation Page 3 of 5 Infrastructure Plan Interlocal Agreement service to the residents of Brevard County and its municipalities as they travel the transportation system within Brevard County. It is the intent of the parties that revenues derived from the local government infrastructure surtax will be used to fund the identified improvements and other necessary transportation improvements by constructing and reconstructing transportation facilities. The parties recognize the need to consistently communicate on an ongoing basis with regard to the use of surtax revenues and as to the project needs and timing as set forth in Exhibits "A" and "B" to this Agreement. (g) For the purpose of this Agreement, eligible transportatio • Construction of New Roads • Construction of Bridges • Reconstruction of Existing P • Paving of Existing Graded R • Resurfacing ofi:2v Pav( • Construction, , an • c;onstructiomraetKs a 01, o ° eet Li htinc alatn o fific S' / j •ngineering Fj -of- • be- bt Serirjce :fr r Ro imc inage include: Related to the Above rights-of-way is not an eligible transportation Approval of eligible projects that are not listed in Exhibit "A" or Exhibit "B" to this Agreement shall be made by an Oversight Committee. A determination of eligibility for a project to be funded under this Agreement will be required for any project not listed in Exhibit "A" or Exhibit "B". A determination of eligibility will also be required for major changes or deletions of projects listed in Exhibit "A" or Exhibit "B" or to add projects to those Exhibits. Proposed changes to either Exhibit "A" or Exhibit "B" shall be considered only after approval of the change by the governmental entity controlling the project following an advertised public hearing. The Oversight Committee shall consist of one member for the COUNTY and one representative for each signatory municipality. Members shall be appointed by their respective governing bodies. The administrator of the Oversight Committee shall be the Brevard County Manager. Each member shall have one vote of variable size weighted according to the population of the entity represented. The weight of the COUNTY vote shall be based on the Brevard County Transportation Page 4 of 5 Infrastructure Plan Interlocal Agreement unincorporated population of Brevard County. For the term of this Agreement, the population of each municipality and that of the unincorporated County shall be as shown in the Florida Estimates of Population 2005 as published by the Bureau of Economic and Business Research, University of Florida, and as shown below: Cape Canaveral 10,034 Melbourne Village 719 Cocoa 17,606 Palm Bay 91,888 Cocoa Beach 12,880 Palm Shores 942 Indialantic 3,059 Rockledge „ 24,E Indian Harbour Beach 8,672 Satellite Beach t,$d Malabar 2,843 Titusville 685 Melbourne 75,060 West Melbo�tw'v..,059 Melbourne Beach 3,405 Uni,ncor orates lrevardi$,825 l� Brev4MI! S ._ ,452 Approval as to the addition, dei n, or require that an affirmativE �b'a eigh voting members participatii h.,g.. ting° The OversiyeE Year annualsVa tOni A governm nti notify the A, ist Administrat all letter ballot by public. thi �;an eligl project shall be cast the signatory nations of eligibility once per ;ki d"" , iq , bn of eligibility for a project or projects shall �f Ov hf mmittee of the proposed change(s) and the df the Oversight Committee. Said vote may be by ulmeeting of the Committee which shall be open to the (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, or waivers of the provisions of this Agreement, other than those matters addressed in Section 3 of this Agreement, shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties having caused this Agreement to be duly executed in sixteen (16) counterparts by their respective and duly authorized offices on the respective dates. X X X X X Brevard County Transportation Page 5 of 5 Infrastructure Plan Interlocal Agreement Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Resolutions Item 14 No. Resolution No. 2006-08 and documentation AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-08, APPROVING THE PRELIMINARY RE -PLAT OF VILLAGIO DEL MAR DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of Resolution No. 2006-08, the preliminary re -plat of Villagio Del Mar as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached documentation and re -plat hand-out. Exhibits Attached: Resolution No. 2006-08 and documentation City Mana ffice Department GROWTH MGMT/P&Z -n kim\my oc in\counci • g\2006\03-07-06\2006-08.doc RESOLUTION NO. 2006-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY RE- PLAT OF "VILLAGIO DEL MAR"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ronald Wallen, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Preliminary Re -Plat of Villagio Del Mar — Block 6, Lots 1 & 2, Avon by the Sea Subdivision (Washington Avenue) is hereby approved. plat. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of March, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST n= Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY � A Date To: From IF City of Cape Canaveral March 1, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Villagio Del Mar - Preliminary Replat - Ronald Wallen, Applicant. ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on February 22, 2006, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat. Please schedule this site plan for the next City Council meeting agenda. Attached are (7) copies of the site plan. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 wwwmyflorida.com/cape - email: ccapecanaveral@cfl.rr.com City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Villagio Del Mar - Preliminary Replat - Ronald Wallen, Applicant. At the Planning & Zoning Board meeting, held on February 22, 2006, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat. Please schedule this site plan for the next City Council meeting agenda. Attached are (7) copies of the site plan. 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.rccom vieeimg i ype: rtammng & Zoning Meeting Date: 2/22/06 AGENDA Heading Preliminary Replat Item No. L Exhibits Attached: - AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Villagio Del Mar Preliminary Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed preliminary replat for Villagio Del mar Townhomes. Summary Explanation & Background: This request is for a preliminary replat of Avon by the Sea, Lots 1, and 2 Block 6 on the east side of Ridgewood and north side of Washington Avenue. The proposed replat is for three residential town home units. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Preliminary Replat drawing Building Official's Office Department /---'rY OF CAPE CANAVERAL PRELIMINARY PLA ,3REPLAT & FINAL PLAT RECEIPT Project Name: LA MOY- RESIDENTIAL: 1,2 8Desidential Units .............................................TOTAL0$37;�� ,.:Qt # of Units? _ �Ir more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCI-AL: - - ---- - ----- - -- - - -- - -- -- - $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ..................... $700.0 Over 4 Units .................. 0.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ i00. 00 SLLb')M&o 5�.ce- hG+ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ `� 5� [gbL6 Qu.. �jcccI )& PAID RECEIPT NO. DATE RECV'D a {-jOd , O ct, G�� -> t - S C C, �� SSfk t-t'IIer L�Sy 1- 221 -o6 APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: 1`atb S (NOTE: SUBI-IITTAL MUST BE SUBMITTED A MINTYIUM OF 30 DAYS PRIOR TO THE PLANTNMNG & ZONING MEETLNG; PLAT MUST MEET THE REQUMETNIENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELaM ARY PLAT, RE -PLAT, OR FINAL PLAT? AMOUNT OF FILD �G FEE PAID: S A-NIOUNT OF ENGLNEERING DEPOSIT PAID: S DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NkNIE, IF APPLICABLE? (-NOTE: IS NEEDS TO BE DOti-E PRIOR TO SUBMITTAL). YES NO ' N.A. PROJECT NANIE: Ilax, er PROJECT ADDRESS: LEGAL DESCRIPTION: Ztj, 0 WN -ER (S) NAYIE: W vim iA OlViNER(S) ADDRESS: PROJECT ARCHITECT/ENGENEER: PHONE NO. OF ARCHITECT Z -ER:, APPLICA_NT(S) SIGNATURE: OR-NER/AGENT PHONE N-LTi'tiIBER OF OW�c�ER/AGEN'T: � �r City of Cape Canaveral Villagio Del Mar Replat Applicant: Ron Wallin Location: Range: 37 Township: 24 Section: 23 Acreage: .3 acres Current Future Land Use: Residential R-3 Current Zoning: Residential R-3 Number of Units Proposed: 3 proposed lots Description: r' The applicant desires to build 3 residential units. �The subject property itself is vacant and undeveloped. Minimum Lot Area: North South East West Zoning R-3 Residential R3 Residential R3 Residential R2 Residential Comp Plan R3 Residential R3 Residential R3 Residential R2 Residential Existing Conditions County Park Vacant/Residential I Residential Residential Minimum Lot Area: 6,250 s.f. Provided: 13,210 s.f. Minimum Lot Width: 20' Provided: 21.15'- 48.67' Minimum Lot Depth: 70' Provided: 132.22-132.42' Maximum Lot Coverage: 40% Provided: NA - Maximum Building Height: 25' Maximum Building Length: 185' Provided: NA Public Services and Facilities in Amendment -Ar -ea:__ " The impacts on public services for, iesidenti'a�nits are, the Level of Service for parks and recreation is one (2) acres of park an per rest ents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was 10,034. This is still adequate park space available. n� r� �L The maximum peak -hour volume acceptable is 2,060 representing a LOS of "E". There is mailable peak hour trips on Nott' "+'an+=�Per The proposed change approximately 29�' with the proposed development could generate 1 to 2 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment permit capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. With this and recently approved developments the usage could be 1.43 MGD with .4 MGD excess capacity. The actual plant capacity of 3.0 MGD. There is adequate wastewater treatment capacity available. The 3 additional units could generate 600 gallons per day. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD _available._. With -this and -recently approved_developments,_water_usage_ could- increase -to _24.5 MGD and leaving 23.5 MGD. There is adequate potable water service available with the proposed change. The 3 additional units would require only 600 gallons of water per day. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel is vacant and had been cleared in it's past. There are no known wetlands, or aquifer recharge soils or conditions associated with the subject parcel. The Brevard County Soil Survey Map has categorized most of the subject parcel as "Ga Galveston sand with very good percolation. The subject parcel is .3 acres. There are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The project is for 3 dwelling units.. This would equate to approximately 10 new persons, but this should not have an adverse impact on population projections. -'I- Bev cr�nt PE:y� - , http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=BrevardI&id=200602141... 2/14/2006 f \ SSA January 20, 2Q06 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32780 RE: PreGrninary Plat Review—Viilagio Del Mar- Review#2 SSA Job No, 05-0026, Task 016-1003 Dear Air. Peetz. SSA has reviewed the submitted Preliminary plat for the above referenced project Based on our review. SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. ncerely, David Roy Jo es, PL (thief Surveyor D13J:jIs CO' Susan L. Chapman City Engineer's Review Fee For Review #2 _ NiC NCT(('E OF �tDDiT'(�Nflt —r=co "' -' L.LV As thisaj�t Is being reviewed under the original City contract; En3lneering Fees for all reviews after 2m ,revieav will he bliled at 398.00 per hour. STOTTL R SIAGG & ASSoCIAT,- AtZCHITEM ENGINEERS PI.r1IVNERS, Ii rC. 8680 North Atlangc .3Lrettue P. 0. Bot 1834 Cape Canaveral. F:oridt 3242C a vij;^.i yato�sa,-i.�ltoroj y,,,�4x o d" mar w. ;lot 111% a9sir' 4A1C00�329 M6 321-i..3L3r"0 Faa 321-7&:7Cb5 ikEb@?OCib„ :Lk3CC:Doi4t7 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 18, 2006 RE: Villagio Del Mar Re -Plat, Lot 1 & 2 Block 6 The Public Works Department has reviewed the Re -Plat of the above stated - project and and has the following comment-.-- 1.) omment: 1.) Please provide any and all existing easement(s) that this re -plat will vacate. r�i January 20, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue ---Suite 200 -- --- Winter Park, FL 32789 RE_: Preliminary_ Plat Review - ViIlagio Del Mar- Review #2 _ _ SSA Job No. 05.0025, Task 016-1003 Dear Mr. Peetz: SSA SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. cerely, DavinRoy 4�L Chief Surveyor DRJ JJs Cc: Susan L. Chapman City Engineer's Review Fee For Review #2 — N/C NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTL.ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 40an sottorivalcnnl Kgeots\eape1Lv1agio del mar pre plat review 210ic- #AAC000329 #EB0000762 #LB0006700 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: February 13, 2006 Re: Villagio Del Mar Preliminary Replat Review I have reviewed the Villagio Del Mar Preliminary Replat and have they have satisfactorily addressed my comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. l� 1 Station #1 Station #2 190 Jackson Avenue • Cape Canaveral, Florida 32920 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 (321) 783-4424 • Fax: (321) 783-4887 ' www.ccvfd.org Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Resolutions Item 15 No. Resolution No. 2006-09; HB313 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-09, SUPPORTING HB313-CLEAN OCEAN ACT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-09, supporting HB313-Clean Ocean Act. Summary Explanation & Background: See attached resolution and HB313. I recommend approval. Exhibits Attached: Resolution No. 2006-09; HB313 City Manager' Office Department LEGISLATIVE \mydo omen in\council\meeting\2006\03-11-06\2006-09.doc RESOLUTION NO. 2006-09 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING HOUSE BILL 313 — CLEAN OCEAN ACT WHEREAS, At this present time gambling boats use our Ports, pickup our citizens, make their money, and discharge their waste in the ocean off our shoreline; and WHEREAS, Daily -gambling boats have the capacity to hold their waste water but lack the incentive to hold and pump out at shore facilities, which increases the pollution of our water and shores; and WHEREAS, This act would require that daily -gambling boats submit minimal contact information necessary to hold them accountable; and WHEREAS, Florida would join other States in requiring these day boats to hold and release at port facilities their grey and black water, and set standard fines for releasing waste off shore; and WHEREAS, HB 313 provides for emergency situations to be able to release matter with a requirement to notify authorities for documentation purposes; and WHEREAS, HB 313 allows Port Authorities the flexibility to implement collection of said waste water and dispose at port facilities for fee equal to the cost of waste removal. NOW, THEREFORE, BE IT RESOLVED, by the City of Cape Canaveral, Florida Resolution No. 2006-09 Page 2 of 2 SECTION 1. The City of Cape Canaveral City Council hereby supports HB 313 and requests that the Florida State Legislature enact the Clean Ocean Act. SECTION 2. That a copy of this resolution be sent to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense, Representative Bob Allen and members of the Florida Legislature. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 7th day of March, 2006. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB 313 2006 A bill to be entitled An act relating to regulation of releases from gambling vessels; creating s. 376.25, F.S.; providing a short title; providing definitions; requiring gambling vessels operating in coastal waters to register with the Department of Environmental Protection; specifying the requirements for vessel registration; requiring gambling vessels to release certain substances upon return to a port facility; requiring port authorities to establish procedures for the release of certain substances by gambling vessels at port facilities; requiring port authorities to establish and collect certain fees; prohibiting the release of certain substances into coastal waters by gambling vessels; requiring violations to be reported; providing civil penalties for violations; providing exemptions; requiring the department to adopt rules to implement and administer the section; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 376.25, Florida Statutes, is created to read: 376.25 Gambling vessels; registration; required and prohibited releases. -- (1) SHORT TITLE. --This section may be cited as the "Clean Ocean Act." (2) DEFINITIONS. --As used in this section: Page 1 of 7 CODING: Words &t?a are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 HB 313 2006 (a) "Biomedical waste" means any solid or liquid waste as defined in s. 381.0098(2)(a). (b) "Coastal waters" means waters of the Atlantic Ocean or the Gulf of Mexico within the jurisdiction of the state. (c) "Department" means the Department of Environmental Protection. (d) "Gambling" or "gambling device" means any game of chance and includes, but is not limited to, cards, keno, roulette, faro, slot machines, video poker, or blackjack machines played for money or thing of value. The term "gambling" does not include penny -ante games, as defined in s. 849.085 (2) (a) . (e) "Gambling vessel" means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling and that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this state, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this state. (f) "Hazardous waste" means any solid waste as defined in s. 403.703(21). (g) "Oily bilge water" means bilge water that contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and oily waste. Page 2 of 7 CODING: Words eta,!ke are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2006 55 (h) "Release" means any discharge of liquids or solids, 56 however caused, from a gambling vessel and includes any escape, 57 disposal, spilling, leaking, pumping, emitting, or emptying. 58 (i) "Sewage" means human body waste and the waste from 59 toilets and other receptacles intended to receive or retain 60 human body waste and includes any material that has been 61 collected or treated through a marine sanitation device, as that 62 term is used in Section 312 of the Clean Water Act, 33 U.S.C. s. 63 1322, or that is a byproduct of sewage treatment. 64 (j) "Treated blackwater" means that part of treated sewage 65 carried off by toilets, urinals, and kitchen drains. 66 (k) "Treated graywater" means that part of treated sewage 67 that is not blackwater, including waste from the bath, lavatory, 68 laundry, and sink, except kitchen sink waste. 69 (1) "Untreated blackwater" means that part of untreated 70 sewage carried off by toilets, urinals, and kitchen drains. 71 (m) "Untreated graywater" means that part of untreated 72 sewage that is not blackwater, including waste from the bath, 73 lavatory, laundry, and sink, except kitchen sink waste. 74 (3) REGISTRATION REQUIREMENTS. -- 75 (a) For each calendar year in which the owner or operator 76 of a gambling vessel intends to operate, or cause or allow to be 77 operated, the gambling vessel in coastal waters, the owner or 78 operator of the vessel shall register with the department. The 79 registration shall be completed before any commercial passenger 80 vessel of the owner or operator enters the marine waters of the 81 state in that calendar year. The registration shall include the 82 following information: Page 3 of 7 CODING: Words s1� are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 HB 313 2006 1. The vessel owner's business name, and, if different, the vessel operator's business name for each gambling vessel of the owner or operator that is scheduled to be in coastal waters during the calendar year. 2. The postal address, e-mail address, telephone number, and facsimile number for the principal place of each business identified in subparagraph 1. 3. The name and address of an agent for service of process for each business identified under subparagraph 1. The owner and operator shall continuously maintain a designated agent for service of process whenever a gambling vessel of the owner or operator is in coastal waters, and the agent shall be an individual resident of this state, a domestic corporation, or a foreign corporation having a place of business in and authorized to do business in this state. 4. The name or call sign, port of registry, and passenger and crew capacity for each of the owner's or operator's vessels scheduled either to call upon a port in this state or otherwise to be in coastal waters during the calendar year and after the date of registration. 5. The description of all waste treatment systems for each vessel identified under subparagraph 4., including system type, design, operation, location of all discharge pipes and valves, and number and capacity of all storage areas and holding tanks. (b) Registration under paragraph (a) shall be executed under oath by the owner or operator or desianated representative thereof. Page 4 of 7 CODING: Words &4,ap are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2006 110 (c) Upon request of the department, the registrant shall 111 submit registration information required under this subsection 112 electronically. 113 (4) REQUIRED RELEASES. -- 114 (a) All sewage, oily bilge water, untreated or treated 115 graywater, untreated or treated blackwater, hazardous waste, or 116 biomedical waste from any gambling vessel shall be held for 117 release until return to a port facility. 118 (b) Upon return to a port facility, gambling vessels shall 119 release all sewage, oily bilge water, untreated or treated 120 graywater, untreated or treated blackwater, hazardous waste, and 121 biomedical waste in accordance with the procedures of the port 122 facility. 123 (c) Port authorities shall establish procedures, including 124 a process for verification of the contents released, for the 125 release of sewage, oily bilge water, untreated or treated 126 graywater, untreated or treated blackwater, hazardous waste, and 127 biomedical waste from gambling vessels at port facilities. 128 (d) Port authorities shall establish and collect a fee not 129 to exceed the costs associated with disposal of the required 130 releases from gambling vessels. 131 (5) PROHIBITED RELEASES. -- 132 (a) An owner or operator of a gambling vessel may not 133 release, or permit anyone to release, any sewage, oily bilge 134 water, untreated or treated graywater, untreated or treated 135 blackwater, hazardous waste, or biomedical waste from the vessel 136 into coastal waters. Page 5 of 7 CODING: Words s4iGkeia are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 1561 157 158 159 160 161 162 163 164 HB 313 2006 (b) If a gambling vessel releases any sewage, oily bilqe water, untreated or treated graywater, untreated or treated blackwater, hazardous waste, or biomedical waste into coastal waters, the owner or operator shall immediately, but no later than 24 hours after the release, notify the department of the release. The owner or operator shall include all of the following information in the notification: 1. Date of the release. 2. Time of the release. 3. Location of the release. 4. Volume of the release. 5. Source of the release. 6. Remedial actions taken to prevent future releases. (6) PENALTIES. -- (a) A person who violates this section is subject to a civil penalty of not more than $25,000 for each violation. (b) The civil penalty imposed for each separate violation of this section is separate from, and in addition to, any other civil penalty imposed for a separate violation under this subsection or any other provision of law. (c) In determining the amount of a civil penalty imposed under this subsection, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstances, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the release, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and, with respect to the defendant, the Page 6 of 7 CODING: Words s# are deletions; words underlined are additions. hb0313-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 313 2006 165 ability to pay, the effect of a civil penalty on the ability to 166 continue in business, all voluntary cleanup efforts undertaken, 167 the prior history of violations, the gravity of the behavior, 168 the economic benefit, if any, resulting from the violation, and 169 all other matters the court determines -justice may require. 170 (7) APPLICABILITY. --This section does not apply to 171 releases made for the purpose of securing the safety of the 172 gambling vessel or saving life at sea if all reasonable 173 precautions have been taken for the purpose of preventing or 174 minimizing the release. 175 (8) RULES. --The department shall adopt rules pursuant to 176 ss. 120.536(1) and 120.54 to implement and administer this 177 section. 178 Section 2. This act shall take effect January 1, 2007. Page 7 of 7 CODING: Words s#` are deletions; words underlined are additions. hb0313-00 Meeting Type: Regular Meeting Date: 03-07-06 AGENDA Heading Discussion Item 16 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CONSIDERATION OF AN OFFER TO SELL THE CITY LOT 3 (HARBOR HEIGHTS WEST SUBDIVISION) DEPT/DIVISION: BOARD OF ADJUSTMENT Requested Action: City Council discuss an offer to sell to the City Lot 3, Harbor Heights West Subdivision, by John Johanson, representing Triple J Investments, LLC. The original offer is $340,000. An appraisal has been ordered per City Council's direction and has not yet been received at agenda posting time. Attached is an evaluation memo from the parks & recreation director. Summary Explanation & Background: At the 02-13-06 Board of Adjustment meeting, there was considerable discussion of a C -1/R-2 Special Exception request for this subject property. During the discussion, the property owner indicated that they would sell this lot to the City at cost, plus what they have put into the development of this lot. The board of Adjustment postponed this item until March 13, 2006 so that the City can evaluate whether or not to pursue the offer. Discussion item only. Please advise. Exhibits Attached: Drawing; Board of Adjustment Memo City Mana ffice Department BOARD OF ADJUSTMENT ki \mydo s\admin\council\meeting\2006\02-21-06\harborhts.doc ` 0 Triple J Investments. LLLi C .' PO Box 301— . * Cape Canaveral, FL 32920 Date: February 13, 2006 From: Triple J Investment, LLC To: Bennett Boucher, City Manager, City of Cape Canaveral Subject: LOT 3, HARBOR HEIGHTS WEST (SEA SHELL LANE) Bennett, We are aware of the City's desire to possibly purchase the subject property from us as a means to end the upheaval by residents of Harbor Heights concerned with the proposed development of said property. Although it is not our preference to do so, as a show of good faith, Triple J Investments, LLC, hereby offers to sell this property to the City of Cape Canaveral, for the net sum of $340,000.00 (firm). This amount represents cost incurred to date by Triple J Investment and forgoes future profits that would be realized from proceeds from sales of either of the projects proposed for the site. It is important to note that this property was purchased only after thorough due diligence was performed to ensure our future plans for the property were feasible. That due diligence included discussion with city building department personnel, with primary focus centered on the ability to attain a "Special Exception" to allow R-2 in a C-1 zone, since we felt (and still feel) that R-2 is more compatible with this particular area. During the research period, feedback from city personnel was never anything but positive, not a hint of a potential problem with attaining a Special Exception. The positive feedback coupled with research into the history of the granting of Special Exceptions throughout the city gave us the confidence to procure the property. Further, if the previous recommendation to deny granting a special exception by the Planning and Zoning board is upheld at the upcoming Board of Adjustments meeting, it will be our firm commitment to develop the land as C-1, as a means of salvaging our investment. Although we feel strongly that our first choice, the three unit Sea Shell Cay Executive Townhome, zero lot line residential project is highly compatible for this area, again, we are willing to sell, as stated in opening paragraph, to help the city maintain harmony with the residents. However, for obvious reasons time is of the essence. Interest on our loan accrues daily, as do plans development and other associated cost. Therefore, a firm commitment, in writing, from the city to purchase said land must be received by COB 2/20/06. After that date, price adjustment will be necessary as additional costs are incurred. Rate of accrual weighs significantly upon outcome of Board of Adjustment meeting, becoming highly accelerated if development of a commercial project becomes necessary. It is our sincere desire to work with the city to resolve this matter as soon. Your prompt attention and response on this matter would be appreciated. Best regards, Triple J Investmen , LLC r'. �• .` J� CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 e—mail: parknrecLdearthlink.net MEMO: TO: Mayor, Council Members & City Manager FROM: Nancy Hanson, Director DATE: February 28, 2006 RE: Harbor Heights Property I physically inspected the property in the Harbor Heights subdivision on February 23`d. I asked Kay McKee to accompany me on the inspection as she is the most knowledgeable staff member in regards to trees, plants, etc. We found the lot overgrown with pepper trees and invasive plants. There are a number of nice oak trees, including several hammocks. The City's Comprehensive Plan calls for a park in the northeast quadrant of the City. Whereas this property would meet that objective, I question the prudence of placing a park in this particular location. The property is quite small (.41 acres) and is nestled between two single-family homes and directly across the street from single-family homes. There are examples of neighborhood developments which contain parks/playgrounds but the land is generally set aside by the developer as green space as required by the governing agency and/or as an amenity to the development. Even though the Comprehensive Plan states "park", the intent was to provide a park which includes a playground for the children/grandchildren in that section of the City. I'm not sure that, in leaving the desirable trees, there would be adequate space to place play equipment given the unobstructed ground space for the equipment and safety zones, which are required. There would be no room for parking, so it would have to be a "walk to" park. If the City were to move forward with the purchase of the property there would be development costs in addition to the cost of the property. I would estimate the cost of developing the park at around $100,000.00. These costs would include, but not be limited to, the removal of all invasive trees and plants, pruning of oaks, fill, irrigation system (reuse is available) sod, plants, purchase and installation of play equipment (on a space available basis) park amenities such as benches, picnic tables, trash receptacles and a bike rack. If the park were not to include any play equipment, the cost estimate would be reduced by as much as $50,000.00. Manpower for routine maintenance and costs for mowing and repairs should also be taken into consideration.