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HomeMy WebLinkAboutPacket 06-01-2010 Regular Meeting PacketCity of Cape Canaveral CITY COUNCIL MEETING SIAVERAL LIBRARY MEETING ROOM 201 Polk Avenue Tuesday June 1, 2010 7:00 PM AGENDA GALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: 7:00 p.m. — 7:10 p.m. Brevard County Sheriffs Office — Recognition of Deputy of the Month BOARD INTERVIEW: 7.10 p.m. — 7:15 p.m_ Arvo Eilau, Applicant - Board of Adjustment REPORTS: 7:15 p.m. — 7.45 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7.45 p.m. — 8:00 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) miny#es. The City Council will not take any action under the "Audience to Be Heard" vection of the agenda. The 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com IF City of Cape Canaveral, Florida June 1, 2010 Page 2 of 3 Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 8:00 p.m. — 8.05 p.m. 1. Approve Resolution No. 2010-08; Appointing Second Alternate Member to the Board of Adjustment, Arvo Eilau. 2. Approve Proclamation Recognizing June 6, 2010 through June 12, 2010 as Management Week as requested by the National Management Association. CONSIDERATIONIDISCUSSION: 8:05 p.m. -- 9:30 p.m. 3. Approve Contract and Salary for David L. Greene as City Manager of the City of Cape Canaveral as presented by Colin Baenziger and Associates. 4. Approve Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch — Renewal of Contract (with Black's Spray Service) for an Additional Year of Service. 5. Discussion of Outdoor Entertainment Permit Fees. 6. Discussion and necessary action related to Annual and Sick Leave. 7. Discussion and necessary action related to the Charter Review Meeting Schedule. 8. Consideration and necessary action for Specimen Tree Removal at 126 Sabal Drive. REPORTS: 9:30 p.m. — 90.00 p.m. 9. Council. 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 F! City of Cape Canaveral, Florida May 18, 2010 Page 3 of 3 testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06101/2010 Subject: City Council Interview of Board of Adjustment Applicant, Mr. Arvo Eilau. Department: Legislative Summary: At the April 1, 2010 Board of Adjustment meeting, Board Members interviewed and unanimously recommended Mr. Eilau be appointed to the Board to fill the existing member vacancy. Requested Council Action: Approval Financial Impact: NIA Attachments: Q Supporting Documents Reviewed Memo from the Secretary to the Board of Adjustment; Application for Appointment to the Board Submitting Department Head: City Clerk's Office Date: 5-24-10 Approved bCity Manager: Cw-".� Date:LA City Council Ac on: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain MEMORANDUM Date: May 4, 2010 To: Angela Apperson, Acting City Manager Mia Goforth, Acting City Clerk From: Susan Chapman, Secretary to Board of Adjustment RE: Board of Adjustment Potential Board Member — Arvo Eilau On April 1, 2010 the Board of Adjustment interviewed and unanimously recommended that Arvo Eilau be appointed to the Board to fill the existing member vacancy. Please schedule his consideration for appointment for an upcoming City Council meeting. Please note that Mr. Eilau will be out of town on Tuesday, May 18th, but is available for any meeting thereafter. CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2174, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: #� C ►'`� 2. Home Address: J V\ y L-- 3. -3. Home Telephone: J i 4_ Occupation: 5. Business Telephone: L.1 l " C 6. Business Address: B. ELIGIBILITY 'J " C --i The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b 4a. 4b. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: (y)—Z (N)— m'� (N) - 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being t appointed to a board or committee. Do you voluntarily initi s consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)(N} 6a. Are you related to a City of Cape Canaveral Council / member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City adviso board or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee: C.'k cum,- 10^1,�� 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. ✓ Code Enforcement Board* e_ Community Appearance Board* f. E% Construction Board of Adjustment and Appeals* g. Library Board h. V, Planning and Zoning Board* i. Recreation Board j. Other. `Members of these boards are required to complete and fife with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American % Male Asian -American Female Hispano -American Not Known / Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.019, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meefing. • Your application will remain effective for one year from the date of completion. • if you should have any questions regarding the completion of this application, please contact the City IterWs Office at (321) 868-1221. Signature: Date: l 0 C 0 a/ Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/01/2010 Item No. _, Subject: Approve Resolution No. 2010-08; Appointing a Second Alternate Member to the Board of Adjustment (A. Eilau). Department: Legislative Summary: Approving this resolution will result in having no vacancies on the Board of Adjustment. Mr. Arvo Eilau's term will expire 10-01-2013. Requested Council Action: Approval Financial Impact: NIA Attachments: Q Supporting Documents Reviewed Res. No. 2010-08 Submitting Department Head: City Clerk's Office Date: Approved byV City Manager: ��,,� !_ ,r.� Date: 09-r-kN— City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11-2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Arvo Eilau is hereby appointed as the Second Alternate member of the Board of Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida, this 15t day of June, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney WHEREAS, the National Management Association is a professional, not for profit organization dedicated to develop management through education and fellowship of almost 21,000 members; and WHEREAS, the members of this association in the state of Florida desire to perform a public service by officially recognizing management as a profession; and WHEREAS, during June 6 - 12, 2010, Florida's 8 chapters with over 1,500 members will join management in our society and encourage the promotion of our American competitive enterprise system. NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim June 6 - 12, 2010 MANAGEMENT WEEK in the City of Cape Canaveral and urge all concerned residents, industries, businesses and professional bodies to actively and appropriately participate in its observance. U" T LL i ,:� • COUNCIL FLORIDA SPACE COAST COUNCIL The National Management Association Past Office Box 21214 * Kennedy Space Center, Florida 32815-0214 May 1, 2010 Honorable Rocky Randels, Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mayor Randels: On behalf of the Florida Space Coast Council (FSCC) of the National Management Association (NMA), I respectfully request that you proclaim the week of June 6th through June 12th, 2010 as Management Week in Cape Canaveral. During that week, the Association will sponsor its annual Management Week in America highlighting its objectives to develop and recognize management as a profession through education and fellowship. Since its inception in 1978 by the NMA, Management Week in America has grown in recognition and activities each succeeding year. The NMA is the largest not for profit organization of its type, with almost 20,000 members, that supports the American Enterprise System and seeks to bring recognition of those leaders who advance the cause of quality in American industry. John Quincy Adams, the sixth President of the United States, said, "If your actions inspire others to dream more, learn more, do more and become more, you are a leader." The Association is celebrating its eighty-fifth anniversary this year. It was originally established as a Dayton Foremen's Club by Founder Charles Kettering and grew into the international organization that we know today. There are seven chapters in the state of Florida, five of which are located in Brevard County and comprise the FSCC. The organizations represented in the FSCC are: Boeing Space Coast Leadership Association, Central Florida Leadership Association, Lockheed Martin Leadership Association, Spacelift Range Systems Contract Chapter (SLRSC), and United Space Alliance Leadership Association. The local Chapters are located at Kennedy Space Center, Cape Canaveral Air Force Station, Patrick Air Force Base, and in Brevard County. The issuance of this Proclamation is appreciated and will be gratefully acknowledged at the FSCC Awards Banquet on June 10th, 2010. For further details call me at 321-861-6249. We would appreciate notification of when our Proclamation is read at public meeting so we may attend. Please forward the Proclamation to the above address by June 1 st. 2010. Thank u, I L Ray Poln k, CM Awards C airman Florida Space Coast Council City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/01/2010 Item No. 3 Subject: Approve Contract and Salary for David L. Greene as City Manager of the City of Cape Canaveral as presented by Colin Baenziger and Associates. Department: Legislative Summary: The City Council selected David L. Green as the new City Manager of the City at the May 18, 2010 Regular City Council Meeting. At the time of this publication, the contract and salary negotiations are still in progress and information for such will be distributed as soon as possible. Requested Council Action: Approval Financial Impact: To be determined. Attachments: None at the time. Submitting Department Head: City Clerk's Office Date: 5-24-10 Approved by Acting City Manager: Cu I"q Date: S%2-5`11-0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: lune 1, 2010 Item No. 7 Subject: Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch - Renewal of Contract for Additional Year of Service Department: Public Works Summary: This contract was awarded to Black's Spray Service (Black's) in 2008 and 2009 for providing these services for the periods from June 1 through May 31. The services were publicly bid in early -2008 — Black's was the low bidder. In general, the Public Works Department is very pleased with the services provided by Black's. As stated in the contract between the City and Black's, the City may extend this contract on a year-to-year basis (not -to -exceed five years) with City Council approval. Requested Council Action: Approve additional year of chemical services to Black's Spray Service — contract period will be for June 1, 2010 through May 31, 2011. Financial Impact: Black's is providing the same services as last year — at the same cost to the City of $33,170 (see attached cost estimate). The City is adding additional chemical work along Ridgewood Avenue from West Central Boulevard to Washington Avenue — the additional fee for this area is $1,560 for a total contract amount of $34,730. There may also be future additional work (limited) along the Ridgewood Avenue corridor — this additional work will be managed as a change order. Attachments: Supporting Documents Reviewed 1). Attachment #1 — Black's Cost Estimate 2). Attachment #2 — Existing Contract Iq 42 Submitting Department Head: Date: LS' =2S—/ Approved by City Manager:,, Date: S-12 -)/Q City Council Act n: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain SERVING BREVARD COUNTY SINCE 1952 B&wk LAWN CARE AND PEST CONTROL 3625 N. Courtenay Parkway * Merritt Island, Florida •Tel: 321-452-4911 * Fax: 321-452-0570 Mailing Address: Post Office Box 540201 * Merritt Island, Florida 32954-0201 May 25, 2010 City of Cape Canaveral Jeff Ratliff P.O. Box 326 Cape Canaveral, FL 32920-0326 J._Ratliff(a)cityofcaoecanaveral.org RE: Turf, Tree, Ornamental and Herbicide services for the City of Cape Canaveral. have enjoyed working for the City of Cape Canaveral for the past several years and look forward to a continued positive relationship. I have chosen again to not increase our current service prices. I also plan to include fertilization of the 5 Queen Palms on Grant avenue at no additional charge. In the grid below you will find our current contract pricing and also the pricing for maintenance for the Phase 1 Ridgewood Redevelopment project. Ridgewood Redevelopment Revised Basic Phase 1 Total Service Per Year Per Year Per Year Lawn Application 10,260 810 11,070 Top Choice 2,650 - 2,650 Ornamentals 2,610 130 2,740 Trees 1,650 70 1,720 Herbicide 13,600 550 14,150 Aquatic 2,400 - 2,400 Grand Total 33,170 1,560 34,730 I will bid additional Phases of the Redevelopment at your request. Please feel free to call me if you have any questions. Sincerely, Carlos S Boyer President BLACK'S SPRAY SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of 2008 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City recently sought bids for its "Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch" contract; and WHEREAS, Contractor submitted the lowest bid in response to the City's invitation to bid and has previously performed work for the City to the satisfaction of the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE I — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 - TERM This term of this Agreement shall be for one (1) year, commencing on June 1, 2008 and terminating at midnight on May 31, 2009, unless either party chooses to exercise its rights under Article 27, Termination. The parties shall have the option to extend the term Professional Services Agreement City of Cape Canaveral l Black's Spray Service, Inc. Page 1 of 9 of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates, in an amount not to exceed one half (112) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. ARTICLE 4 — AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Kay McKee, Streets Department Supervisor, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is Carlos Boyer, who will also serve as the Contractor's day-to-day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5 SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $33,980.00 for fertilization, insect control, and weed control as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page 2 of 9 ARTICLE 7 — TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth -in - negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8 — INSURANCE In the performance of work and services under this agreement, Contractor agrees to comply with all Federal, State and Local laws and regulation now in effect, or hereinafter enacted during the term of this Agreement that' are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE General and Auto Liability Professional Liability (if applicable) Worker's Compensation MINIMUM LIMITS $500,000 per person/incident $9,000,000 incident $1,000,000 Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 3 of 9 ARTICLE 9 — INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liability, damages, losses, causes of action and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other person employed by the Contractor in the performance of the Agreement. ARTICLE 10 — SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or Local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11 — NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. ARTICLE 12 — DRUG FEE WORKPLACE In accordance with Florida Statues 287.087, the Contractor warrants that it is a drug free workplace. ARTICLE 13 — PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO ($15,000.00) for a period of 38 months from the date of being placed on the convicted vendor list. Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 4of9 ARTICLE 14 —EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 15 — ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16—WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17 — INDEPENDENT CONTRACTOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLE 18 — ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold consent provided that the Contractor provides the City with information it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person: representing the assignee. This information shall be provided at least 60 days prior to the target date for assignment by the Contractor. ARTICLE 19 — SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully Professional Services Agreement City of Cape Canaveral I Black's Spray Service, Inc. Page 5of9 responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under this Agreement, including but not limited to insurance requirements, records maintenance, and audit requirements. ARTICLE 20 — NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 29 — CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22 — ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractors normal business hours for a period of two (2) years after the Contractors final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period form the original payment due date(s) to the payment by the Contractor of all monies owed. ARTICLE 23'— ENTIRE GREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page 6 of 9 ARTICLE 24 — AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. ARTICLE 25 — SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26 -- NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Walter Bandish, Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Black's Spray Service, Inc. Attn: Carlos Royer P.O. Box 540201 Merritt Island, Florida 32904-0201 Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Professional Services Agreement City of Cape Canaveral I Black's Spray Service, Inc. Page 7of9 ARTICLE 27 —TERMINATION This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is In breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28 — EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 29 — REMEDIES The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30—ATTORNEYS' FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court costs and all expenses (including taxes) even if not taxable as court costs (Including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 8 of 9 ARTICLE 31 — SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: By: Jr;, r,, it - .Su n St Is, City: lerk M,10.l*S11*3 193111109 City of Cape Canaveral, Florida, a Florida municipal corporation. By�C��9� Rocky Randelsl Mayor CONTRACTOR: Black's Spray Service, Inc,, a Florida corporation. By: Print Name; Title: - Professional Services Agreement City of Cape Canaveral 1 Black's Spray Service, Inc. Page 9 of 9 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/0112010 Item No. 5 - Subject: Discussion of Outdoor Entertainment Permit Fees. Department: Summary: At the Regular City Council Meeting of May 18, 2010, Ms. Joyce Hamilton submitted a letter to the City Council and read it into that meeting record, during the Audience to be Heard portion of the agenda, regarding the permit fee for Outdoor Entertainment. To follow-up, I would like to further discuss. Requested Council Action: Financial Impact: Attachments: 0 Supporting Documents Reviewed Copy of e-mail to Angela Apperson; and Copy of letter submitted by Joyce Hamilton on 05-18-2010 Submitting City Council Member: Shannon Roberts Date: 5-20-10 Approved by City Manager: ,., _ J � M Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Angela Apperson From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Thursday, May 20, 2010 7:56 AM To: Angela Apperson Subject: Thank you and Request for Agenda Item Angie, Good morning! So sorry I missed talking with you yesterday. Am hopeful we will be able to connect soon. Thank you again for your incredible leadership and service to the City, especially during this critical transition period ...it could have gone either way ... and you have made such a significant difference in the positive, professional, progressive direction we are taking today and have been during the past months. Much, much appreciated! On another note, in follow-up to Joyce Hamilton's public comments at this week's Council meeting, would you please put the following on the agenda for the June 1 st Council meeting: Entertainment Permit Fees Thank you so much! Shannon Dr. C. Shannon Roberts Council Member City of Cape Canaveral 321--615-1855 (Cell) csroberts@cil. rr. com JOYCE HAMILTON 110 JEFFERSON AVENUE CAPE CANAVERAL, FLORIDA 32920 321-544-1664 MAY 18, 2010 RE: ENTERTAINMENT PERMIT FEE MAYOR RANDELS AND COUNCIL MEMBERS: MR. JOHN PORTER APPLIED FOR A PERMIT TO HAVE A FARMER'S MARKET AT THE PROPERTY LOCATED AT 6395 NORTH ATLANTIC AVENUE AND/OR 6355 NORTH ATLANTIC AVENUE IN OUR CITY. THERE WAS NOT A CATEGORY FOR THIS PARTICULAR TYPE OF BUSINESS IN OUR CITY AT THAT TIME. THE CITY IN ITS EAGERNESS TO ACCOMMODATE MR. PORTER, DECIDED THAT THIS EVENT SHOULD FALL UNDER AN ENTERTAINMENT PERMIT AND IN DOING SO CAUSED MR. PORTER UNDUE FINANCIAL PROBLEMS. AT THE TIME THE ENTERTAINMENT PERMIT WAS ISSUED FOR THIS EVENT WHICH WOULD COVER APPROXIMATELY 6 WEEKS TO TWO MONTHS, MR. PORTER WAS UNDER THE IMPRESSION THAT THE $500 PERMIT FEE WOULD COVER THE WEEKLY WEEKEND EVENT OF THE FARMER'S MARKET FOR THE SIX WEEK TO TWO MONTHS DURATION. THIS MARKET WOULD HAVE INDIVIDUAL BOOTHS SET UP TO SELL FOODS, ARTS AND CRAFTS AND BE A MEETING'PLACE FOR THE RESIDENTS OF OUR CITY TO COME AND SPEND TIME STROLLING AND ENJOYING THE FARMER'S MARKET. THIS WAS NOT AN ENTERTAINMENT EVENT AND SHOULD NOT HAVE BEEN HANDLED AS SUCH. POSSIBLY A BUSINESS TAX LICENSE SHOULD HAVE BEEN ISSUED FOR THE FARMER'S MARKET AS A WHOLE AND THEN INDIVIDUAL BUSINESS TAX LICENSES ISSUED FOR EACH INDIVIDUAL OR BUSINESS THAT WOULD LIKE TO HAVE A BOOTH TO SELL THEIR WARES THERE. BY DOING THIS, THE INDIVIDUALS AND/OR BUSINESSES THAT SET UP IN THERE WOULD HAVE BEEN COVERED FOR A YEAR BY THE BUSINESS TAX LICENSE AS WELL AS MR. PORTER. grufalzila►�-Z•]l �a�•���l I► :. • ; • l► C /:FYIY•ZK•l%�1��11::�i � CONCERTS AND EVENTS OF THAT NATURE WITH A ONE TIME PER DAY FEE OF $500 TO COVER THE CITY'S COSTS. THIS WAS NOT A HUGE CONCERT OR EVENT OF THAT NATURE. SINCE THAT TIME THE ENTERTAINMENT PERMIT FEE HAS BEEN CHANGED TO $500.00 PER EVENT WHICH WOULD COVER A FEW DAYS UP TO MONTH OR MORE INSTEAD OF PER DAY. IN ALL DUE RESPECT, IN THE CITY'S EAGERNESS TO ASSIST MR. PORTER IN THIS VENTURE, I BELIEVE THAT THE CITY DID NOT HANDLE THE LICENSING OF THIS IN THE PROPER MANNER. THIS WAS INTENDED TO BE A BENEFIT TO THE CITY RESIDENTS AND A TOTAL FEE OF $500 IS MORE THAN ADEQUATE. ALSO, I BELIEVE THAT THE COUNCIL SHOULD DIRECT THE STAFF TO INVESTIGATE SETTING UP A FAIR STRUCTURED FEE EQUAL TO THE EVENT THAT IS TO BE HELD THAT WOULD BE ACCOMODATING TO BOTH THE BUSINESS AND THE CITY FOR EVENTS THAT MAY WANT TO COME TO OUR CITY IN THE FUTURE. I ALSO BELIEVE THAT CERTAIN EVENTS ARE GOING TO NEED A SMALLER APPLICATION FEE AND A MINIMUM FEE OF $500 IS GOING TO CAUSE A LOT OF SMALL EVENTS TO BE CANCELLED. THIS MEANS THAT A HIGHER FEE COULD BE CHARGED OR A LOWER FEE TO SUIT THE EVENT. THANK YOU, JOYCE HAMILTON City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 1, 2010 Item No. Subject: Discussion and necessary action related to the Annual and Sick Leave Policies. Department: Administration Summary: At the May 18, 2010 Regular Meeting, this item was discussed and direction was given for the City Attorney's Office and the Acting City Manager to further investigate. A resolution is being prepared for by the City Attorney's office and will be distributed as soon as completed. Requested Council Action: Request Council provide direction Financial Impact: Fiscal impact is dependent upon the direction provided. Attachments: Matrix listing affected employees and hours for same. Resolution to follow. Submitting Department Head: NIA Date: Approved by Acting City Manager: ay""��e./ ",� Date: 5125110 City Council Action: [ ] Approved as�"�� Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain Employee Accruals as of 5/1/10 Cl, 5 iy,�&ej 57// j Vacation Leave Sick Leave Pay Out of Employee # Dept Accrued Over 720. Accrued 2 Year Flours Excess hour iimit Limit Over Limit. Vacation ' Hours 1013 2 294.45 240' S4.45' 2,396.89 1061 10 1317 597 573.22 360: 213.22= 8,149.27 1102 10 818.5 98.5 1037 11 415.76 360, 55.76. 1,279.13 1 } a33alo 1&0 7.3 Ip ��00.73 30.05( Union Contract Sick Leave Vacation Leave Employee # Dept Accrued Over 400 Accrued 2 Year Hours hour limit Limit :Over Limit- imit1106 1106 7 581.5'. 181.5 1107 7 586.38. 186.38 _ 1045 10 390.66 360: 30-66' 788.58 1062 10 275.28 240 35.28 819.91 Total Pay Out 14,461.46 {with FICA} 7 30-P I City of Cape Canaveral City Council Agenda Form City Council Meeting Date; June 1, 2010 Item No. r2 Subject: Discussion and necessary action related to the Charter Review Schedule Department: Administration Summary: The schedule for the Charter Review activities was approved prior to my arrival. As a part of working with the Committee the dead line for submittal of a referendum question was discussed with the Supervisor of Elections office. We were told any ballot language must be submitted 10 weeks prior to the General Election. I then noticed the approved scheduled did not coincide with this time frame and phoned back to ensure there wasn't alternate arrangements made for a later submittal. I was told there were no other arrangements and there was no way possible to turn in any ballot language any later than August 24, 2010. So, in order to present the revised charter to the voters on November 2, 2010, we must have the ordinance adopted by August 17, 2010. 1 have prepared a revised schedule for your consideration. In the interest of time, this schedule is coming to the Council prior to being reviewed by the Charter Review Committee. Requested Council Action: Adopt the new schedule and proceed accordingly. Financial Impact: no additional impacts. Attachments: Original schedule and Proposed Schedule Submitting Department Head: NIA Date: Approved by Acting City Manager: Date: 5125110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain Charter Review Committee Tentative Work Schedule Election Electorate, votes on the Proposed Charter Amendments. November 2, 2010 Week of: Referendum Publishing dates occur in the 3 rdand 5 Week prior October 11th and to the Election September 27th September 21't Second Public Hearing and Reading - City Council Last meeting date for the City Council to adopt the Ordinance to Regular Meeting place the reviews on the ballot City Council First Public Hearing and Reading Regular Meeting September 7th City Council The City Council Considers the Revised Charter Amendments. If Workshop they wish to place the Proposed Charter changes on the Meeting November 2010 ballot, an Ordinance is required for First August 24th and/or Reading. The City Council shall then vote on item -by -item, to 26th include, delete, or modify each proposed Charter amendment for the November 2010 ballot. City Council The City Council holds Work Sessions(s) to evaluate the Work Sessions Proposed Charter Amendments. AuRust 5th and/or 12' City Council Presentation by CRC and Public input on the proposed reviews to Workshop the Charter on an item -by -item basis. Meeting July 27th or July 29th Date should not conflict with the Budget Workshop Meetings July 20, 2010 Committee submits the Revised Charter, in an Ordinance form, City Council reflecting language to appear on the ballot, to the City Manager Regular Meeting and City Attorney for submittal to the City Council. September, 2009 Committee can select from any Thursday with the exception of through the day of the Code Enforcement Board Meetings. June, 2010 Committee will meet once per month, or as needed, excluding December. (rev. ua-zuuj) Revised Charter Review Schedule 6/10/10 Charter Review Committee meeting 6/24/10 Final Charter Review Committee meeting to review documents for submittal to City Council 7/6/10 Joint Workshop Meeting: City Council and Charter Review Committee Purpose: Presentation of proposed Charter amendments by Charter Review Committee and receive Public input. 7/20/10 City Council Workshop Meeting: Purpose: Further discussion of proposed Charter amendments and receive Public Input 8/3/10 City Council Workshop Meeting, if needed Purpose: Further discussion of proposed Charter amendments and receive Public Input 8/3/10 Regular City Council Meeting Purpose: First reading of proposed Ordinance for proposed Charter amendments 8/17/10 Regular City Council Meeting Purpose: Second reading of proposed Ordinance for proposed Charter amendments Week of September 27th Referendum Advertisement for 5th week prior to Election Week of October 11th Referendum Advertisement for 3`d week prior to Election November 2, 2010 Election Day— Electorate votes on propose Charter amendments as outlined in Ordinance adopted by City Council. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 1, 2010 Item No. Subject: Specimen Tree Removal at 126 Sabal Dr. Department: Building Summary: Property owner, Mr. Eberwein has requested approval to remove a specimen tree which is located near a permanent residential structure. Attached photos indicate that the tree has begun damaging the structure. Applicant has stated that he does not want to remove the tree. Its removal is strictly in the interest of the well-being of the tenant. He is therefore requesting removal with no mitigation. Requested Council Action: Approve the removal of specimen tree due of its proximity to the footprint of the structure in accordance with city code section 102-41(c) (2). Financial Impact: None Attachments: ❑ Supporting Documents Reviewed • Memo from Mike Richart, Building Inspector • Tree removal permit application • Arborist's Report • Photographs • Excerpt from Tree Protection Code regarding Council approval criteria for removal of a specimen tree Submitting Department Head: Todd Morley Date: May 21, 2010 Approved by Acting City Manager: C(,� i,,, f2t&,., Date: 5-12S I, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo Date: May 21, 2010 Tot Todd Morley -Building Official Fram. NO Richart - Code Enforcement Officerell RE: Specimen Tree -126 Sable Dr. �� A request was made for a site visit at 126 Sable Dr on 5111110 to inspect a tree that was causing damage to a Mobile Home: A site visit'�rewealed the tree was damaging the porch area. I contacted the City arborist to get his opinion. Per Tim's report, he confirmed the tree was healthy but was causing damage to the porch. The tree has 2 main branches. The Right side branch measures 24" and the Ie$ side measures 22". (See enclosed photos) The tree is a specimen tree and accordance with City of Cape Canaveral Code Sec. 102-41, only the City Council can approve its removal. Please forward to City Council for consideration. CITY OF CAPE CANAVERAL BUILDING DEPARTMENT Tot Todd Morley -Building Official Fram. NO Richart - Code Enforcement Officerell RE: Specimen Tree -126 Sable Dr. �� A request was made for a site visit at 126 Sable Dr on 5111110 to inspect a tree that was causing damage to a Mobile Home: A site visit'�rewealed the tree was damaging the porch area. I contacted the City arborist to get his opinion. Per Tim's report, he confirmed the tree was healthy but was causing damage to the porch. The tree has 2 main branches. The Right side branch measures 24" and the Ie$ side measures 22". (See enclosed photos) The tree is a specimen tree and accordance with City of Cape Canaveral Code Sec. 102-41, only the City Council can approve its removal. Please forward to City Council for consideration. �._:: _.:._ .:_.. _...._._....,... L15;25 Dat5 _�� CITY OF CAPE CANAVERAL Tracking # !O - PERMIT APPLICATION Permit # FOR THE REMOVAL OF TREES Authority: City of Cape Canaveral Code of Ordinances See. 102-37(e) (321) 868-1222 City of Cape Canaveral Building Department 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 You may download this application: may) .ci ofca ecanaveral.or You may fax to: (321) 868-1247. Important: Please complete the checklist on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. T.D. may be required) Address of Job Site: N lr r/. �.� � � l';�'f� �5� I! Legal description of property: TwN:G: SEC: SUBD: BLK: LOT: PB: PG: Property Owner Name: r� ,;,� / l 4'�ion 3zl y52 dress: _Z&. Bax C'�- p e_ L �/ r -, 32_q 2,;> Contractor Name: Z jr-,,- Name of Company: Address: State License No.: Phone (office): Phone (cell/pager.): Fax: Please check all that appl.ylproQf may be equired). Of the tree(s) to be re re all the trees: dead?tseased? suffering from severq,,tructural defectsV posing a clear anda/ vious safety ha Please clarify the reason tree(s) must be removed: e�>(ir tei E I,//§l 1Y�64 -Xjr of a -I V.,JJ, AV" 'riI„9 Do you pian to relocate the tree(s) or re -plant new tree(s). Please describe: Notes: d.b.h, is diameter at breast height (4'/z feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. �f Type of Residential Building built or proposed on the property Quantity of protected/native trees over 3" dbh to be removed Of the trees planned for removal, how many have caliper measurement of 24" or larger? Sum total dbh of all inches of all protected/native trees to be removed Valuation of tree removal work Single Family Residence Contractor's State License Record -will be kept on file after initial submittal Current Worker's Comp. Policy / Exemption $ Townhome For removal of specimen or historic trees Apartment Other(s eci ) &,Ze& &ojlk&,Z-&&o- 6, , ,� •� (� Permit Application Checklist Notes Com Ieted Permit Application A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping Contractor's State License Record -will be kept on file after initial submittal Current Worker's Comp. Policy / Exemption Record will be kept on file after initial submittal City Council Approval if needed - please attach approval minutes For removal of specimen or historic trees Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. 1 certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this ermit. r Applicant's Name: r ✓ryl��Ce eAr4�, A —Applicant's Signature: �,__ te: 6/d Notary use only: In the State of Florida, County of Brevard sworn and subscribed before me this !( day of by 11a((ace_ dh�r1li� Printed name of Applicant who produced identification: or Seal: ;oYPL+fin Notary Public State of Florida .iffy Lombardi y# n►noa�R pCes 81031201DD688496 G:ll3ldg,Dept.FormslBP Appl. Removal of Trees (3 D.U.) is personally known to me. Signature - Notary Public At Large This form may be duplicated. Site/Address: /0� (� Map/Location: A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Owner: public private V unknown other c - %eiW4 Date: J W` /0 Inspector: i?&'o F LAQe- Date of last inspection: kC.w TRE£ CNRAGTEHiSTjGS Tree #: . Species: i a=� t" �.3 S t %Z in. �t�� � v OAK DBH: # of trunks: Height: 6� Spread: Form: erally symmetric C minor asymmetry C major asymmetry ❑ stump sprout u stag -headed Crown class: ❑ dominan#co-dominant ❑ intermediate ❑ suppressed Live crown ratio: /0 % Age class: ❑ young - =semi -mature Winature ❑ over-mature/senescent Pruning history: ® crown cleaFd excessively thinned C toceed IP crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts r cabled/braced ❑ ane Zmultie pruning events Approx. da,as: ut, 6u.,) Special Value: Vspecimen eritage/historicwildlife r unusual ❑ street tree ❑ screen shadeIndigenous protected by gov. agent Failure + Size + Target = Potential of part Rating Hazard Rating Immediate action needed Needs further inspection Dead tree TREE HEALTH Foliage talar no al C1 chlorotic :i necrotic Epfca ? d N Growth obstructions: Foliage density: normal ❑ sparsVaVer;,e/ Leaf size: normal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent ❑ poor Twig Dieback? Y N ❑ curb/pavement ❑ guards Woundwood development: /average ellent verage• � ❑ poor ©none ❑ other Vigor class: ❑ excellent :7-- fair , ❑ poor Major pests/diseases: lUr�' r.P e, to ec�� SITE GONDITIO Site Character. 10 Landscape type: ol sidence ❑ commercial - C inaustrial ❑ park ❑ o penace El natural Elwoodlandlforest parkway CJ -raised bed El container ❑ mound ❑ shrub border C wind break- rrigation: LVnone ❑ adequate C inadequate ❑ excessive ❑ trunk wettled Recent site disturbance? Y N ❑ construction ❑ soil ois,urbance ❑ grade change ❑ line clearing site clearing % dripfine paved: 0% 10-25% 25-5fl4o 50-75% 75-100%, Favement lifted? Y N % dripline wl till soil: °a 10-2510 25-50% 50-75% 75-100% % dripline grade lowered: 10-25°%o -50%0 50-75Vaaline 00% t Salt problems: ❑drainage C] shallow El compacted droughty El saline ❑acidic 0 small volume El disease center El history of fail — ❑ clay' ❑ expansive —'slopE .... _ ..o..- aspect: -- Obstructions: ❑ liVsingletree signage ❑ line -of -sight ❑ view ❑ overhead lines ❑ underground utilities ❑.traffic ❑ adjacent veg. OJ5 Ex asure to wind: ❑belowcano ❑abovecanopy ❑recentlyexp ed ❑ windward, canopy edge ❑ area prone to windthrow pPY Prevailing wind direction: Occurrence of snow/ice storms never ❑ seldom ❑ regularly TARGET Use Under Tree: 111tuilding C Can target be moved? Y Occupancy: E-1 occasional use parking 0raffic Ypedestrian ❑ recreation CVlandscape Vhardsc Can use be restricted? Y a ❑ intermittent use ❑ frequent use constant use C1 small features ❑ utility lines The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT D.E i CTS: Suspect root rot: Y ) Mushmam/conk/70w t present: Y ID: Exposed roots: ❑ severe C. moderate Undermined: ❑ severe n moderate 2 low Root pruned: b distance from trun Root area affected: 0 % Buttress wounded,, N"� When; Restricted root area: ❑ severe moderate ❑ low Potential for root failure: Cl severe ❑ moderate Eifaw LEAN. deg. from vertical ❑ natural ❑ unnatural ❑ self -corrected Soil heaving: Y N Decay in plane of lean: 6 N Roots broken Y L) Soil cracking: Y CN) 0 severe fl�lmoderate El low Compounding factors: Leanseverity: CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taoer I L. Bow. sweep 14— Z_ Codominants/forks A40 4L L Multiple attachments I L - .Included bark I [_ L L L Excessive end weight Cracks/splits L Hangers Girdling 4— Wounds/seam L Decav Cavity Conks/mushrooms/bracket Bleeding/sapBleeding/sap flow Loose/cracked bark Nesting hole/bee hive Deadwood/stubs MIA Borers/termites/ants �- Cankersi a[Is/burts L Previous failure HAZARD RATING Tree part most likely to fail Nea Vkky rc e e Failure potential: 1 - low; 2 - medium: 3 - high; 4 - severe Inspection period: annual biannual other —.__-Size-of part: 1 -<6" (15 cm): 2 - 6-18" (15=45 cm); --- allure Potential +Size of Part +Target Rating =Hazard ating 3 -18-3D" (45-75 cm); 4 - >30" (75 cm) J _ �S Target rating: -occasional use; intermittent use; + - - - `? frequent use; 4 constant use HAZARD ABATEMENT Prune: ❑ remove defective part ❑ reduce end weight ❑ crown clean ❑ thin ❑ raise canopy ❑ crown reduce ❑ restructure ❑ shape -Cable:Brace: Inspect further. ❑ root crown ❑ decay ❑ aerial ❑ monitor Remove tree: Y N Replace? Y N Move target: Y 6) Other. Effect on adjacent trees: none ❑ evaluat / �J Notification: ❑ owner ❑ manager overning agency Date: l L COMMENTS f } (_E_ ctk r!/�'K 1� �`. ���-�-� �s ►� (�70 0� l to o G,.c� cs ! e 0-1 qq Y��t �T cxvt r� C ca 'r �- 7ti A n K Y cy L t., .ice �% � � Cr« � \: �� \ 2 See. 102-41. Specimen trees. (a) Specimen trees shall be preserved or relocated on site to the greatest extent feasible. (bprovision of this division, specimen trees shall not be #v �kitnw 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 traw e in accordance with section 1 Oi2-43, except replacement and/or tree bank contribution shall be based on a maximum of a two- oni-mim of cumulative - 11'' 11111 1 11 11 ISO ; 11, 11, -,IM IIIIIIIIIIIIIIII 1 11111111 ;J I ICdM*IC;- M, dflOTT 1 PuLIHILLUt, US CSL&FJISIIUt tj LIIC appIQUVIC ZT111lig w. i iu regulations. Streets, rights-of-way, easements, utilities, lake perimeters and lot lines shall bpreserve trees. (�2) Whether the specimen tree is located within the footprint of the proposed am&'a�ur.--M if to be removed in order to accommodate the proposed structure, and whether or not it is feasible to relocate the structure. (3) Whether the location of the specimen tree: prevents any access to the property from a publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without removing the tree. (4) Whether the location of the specimen tree interferes with or prevents the construction of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practical ly relocated or rerouted. (5,) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees.