HomeMy WebLinkAboutAgenda Packet 03-19-2013CALL TO ORDER:
1jus qw!V, IR!q
W1111111, " I mloc,"
Avenue, Cape Canaveral, Florida
Tuesday
March 19, 2013
6:00 PM
U11 9M
PRESENTATIONS / INTERVIEWS:
Accept the Annual Audited Financial Statements and Independent Auditor's
Report for the Fiscal Year ended September 30, 2012 — Presentation by
Bernadette Britz -Parker, James Moore & Co.
REPORT:
6.-i 15 p. m. — 6:20 p. m.
City Attorney
6-20 p.m. — 61-35
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.
1. Approve Minutes for City Council Meeting of February 19, 2013.
2. Resolution No, 2013-06; supporting and honoring all military service
members, veterans and their families in the State of Florida and recognizing
April 17, 2013 as Military Family and Community Covenant Day; providing an
effective date.
105 Polk Avenue * Post Office Box 320 Capc Canaveral, FL 32920-032(
Telephone (321) 868-1220 Fax: (321) 868-1248
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City of Cape Canaveral, Florida
City Council Meeting
March 19, 2013
Page 2 of 3
3. Resolution No, 2013-07; declaring, support for proposed changes to Section
287„055, F.S., also known as "The Consultants' Competitive Negotiation Act"
or "CCNA"; providing an effective date.
4. Approve the Library Board's request to purchase books to expand the Library
collection utilizing Library Capital Expansion Fund Reserves,
5. Award the bid for the Canaveral North Drainage Way Improvements Project —
Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55
and authorize the City Manager to execute the Construction Agreement for
same.
6. Approve change in starting time for the May 21, 2013 Regular City Council
Meeting from 6:010 pm to 7:00 pm.
7. Approve, with conditions, the application for satisfaction or release of lien for
Code Enforcement Case No. 2012-00071, 8771 Cocoa Court-, conditions are
a reduction from $14,250.00 to $5,771.25.
��•
8. Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances related to commercial parking facilities in the
AlA Economic Opportunity Overlay District; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code-,
severability; and an effective date, second reading.
9, Ordinance No. 04-2013; amending the definition of "height of building" set
forth in Section 110-1 of the Cape Canaveral Code of Ordinances; providing
for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code, severability; and an effective date, second reading.
10.Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of
Ordinances related to outside storage; providing for a definition, repealing the
special exception in the C-1 and C-2 Zoning Districts for the
commercial establishments for the storage or parking of recreational vehicles,
trailers and trallerable items-, providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability and an
effective date, second reading.
City of Cape Canaveral, Florida
City Council Meeting
March 19, 2013
Page 3 of 3
ITEMS FOR ACTION:
7:00 p. m. — 7:15 p. m.
11. Recreational Vehicles in Mobile Home Parks.
REPORTS:
T 15 pil .m. — 7:30 p.m.
12. Council
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the Cfty 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.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The
facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in
the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the
meeting,
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/191/201�3
Presentation
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's
Report for the Fiscal Year ended September 30, 2012 — Presentation by Bernadette
Britz -Parker, James Moore & Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of
the City's Financial Statements for the Fiscal Year ended September 30, 2012, James
Moore & Co. determined the Financial Statements present fairly, in all material respects,
the financial position of the City of Cape Canaveral and are in conformity with Generally
Accepted Accounting Principles. The Audit was conducted in accordance with
Generally Accepted Auditing Standards and Government Auditing Standards, The
findings and recommendations will be presented by Audit Manager Bernadette Britz -
Parker.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent
year by $39.1 million (net assets). Of this amount, $8,8 million (unrestricted
net assets) may be used to meet the City's ongoing obligations.
• The City's total net assets increased by $289,985. This is due to the effective
management of the City's resources in an ever-changing economic climate.
• At the close of the Fiscal Year, the City's Governmental Funds reported
combined ending fund balances of $7,0 million, a decrease of $237,622 in
comparison with the prior year, due primarily to the completion of several
capital projects in the current year.
At the close of the Fiscal Year, fund balance for the General Fund was
$6,175,082. Of this amount $11,192 relates to inventory and prepaids and is
therefore nonspendable. The remaining fund balance includes: restricted
($227,475), assigned ($2,901,197) and unassigned ($3,035,218) balances.
Within the assigned fund balance category, the largest pieces are $794,779
assigned for use in the 2013 Budget and $1,634,660 assigned for Fire
Rescue, Unassigned funds are available to fund on-going activities of the
City's various General Fund services and programs.
The City's total long-term liabilities decreased $608,311. This was due
primarily to annual debt service payments on outstanding obligations related to
a State of Florida Department of Environmental Protection revolving loan for
Wastewater treatment improvements made in 1995 and 1996.
Submiftina Department Director: John DeLeo �-/ Date: 3/7/13
City Council Meeting
Date. 3/19/2013
Presentation
Page 2 of 2
Attachment: None. (The City of Cape Canaveral's Comprehensive Annual Financial
Report (CAFR) will be distributed separately.)
Financial Impact: Staff time and effort to prepare this Agenda Item and cost of the
Audit.
Reviewed by Finance Director: John DeLeo Date: 3/12/13
The City Manager recommends that City Council take the following action:
Accept the Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2012.
Approved by City Manager: David L. Greene c Date: 3
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
I Tabled to Time Certain
. . .. . ...............
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 19, 2013
6:00 PM
MINUTES
CALL, TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance.
Ileus 111IM"
Council Members Present:
Mayor Pro Tern
Council Member
Council Member
Mayor
Council Member
Others Present:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Directo
Planning & Zoning Director
Leisure SerVites, Director
Public Works Services Dir
Public Works Services De
Brevard County Sheriff M�
Cape Canaveral Voluntee
Director
re Dept. Assistant Chief
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
Barry Brown
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
John Cunningham
PRESENTATIONS I INTERVIEWS:
Interview applicant Maureen Michel for appointment to the Culture and Leisure Services
Board: Attorney Garganese asked Ms. Michel if all information on her application was true
and correct, to which she replied in the affirmative. Ms. Michel explained her desire to
serve. Ms. Michel's experience as a certified referee was noted. Council Members
welcomed her to the Board.
W.- 0 . 1 K .0- 0
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 2 of 6
AUDIENCE TO BE HEARD:
Joyce Hamilton noted the proposed beautification improvements to SR 528 have grown
to include the name "Linear Parkway".
David Reynolds provided a handout and spoke of what he perceives as public nuisance
issues within his neighborhood related to Friday Fest. He advocated for a Noise
Ordinance which includes maximum decibel, base and treble v lume levels. He also
objected to open containers, people drinking from private cools,zVo police presence
and the bad image it presents for the City. Assistant City Nva. ager/City Clerk Apperson
committed to scheduling another meeting with Mr. Reynold toPip cuss his concerns.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be re oved fro7 the Consenf` o ,ern for
discussion. No items were withdrawn.
i1
2. Approve the Interlocal Agreemen t
Space Coast Transportation PlanninELO-1
Beach and the City of Cape Canaveral:'
3.
4.
to
i for repeal of`pror, in
5.
ointiftc(. a member to the Culture and Leisure
Canaveral, Florida; providing for an effective date.
'x�d;ingfsolution No. 2012-27, which committed
31 -ted Industry Tax Refund Program pursuant
:s, for L-3 IEC, as a Target Industry Business:
tent resolutions, severability, and an effective date:
anatina the Cane Canaveral Plannina and Zonina
Economic
Advisory CorMflfftee, nr&idina for the repeal of prior inconsistent resolutions:
A
A motion was made by Council Member Hoog, seconded by Mayor Pro Tem
Bond, to approve Consent Agenda Item Nos. one through six. The motion carried
5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 3 of 6
PUBLIC HEARING:
7a. Ordinance No. 01-2013; relating to the State Revolving Fund Program; pursuant
to Section 2.12(5) of the City Charter authorizing one or more loan applications to be
filed with the State of Florida Department of Environmental Protection in a total amount
not to exceed eight million dollars for purposes of funding certain wastewater and
stormwater improvement projects; authorizing the loan agreement(s): establishing
providing for the repeal of prior inconsistent ordinances and resold-flQns, severability and
an effective date; second reading: Attorney Garganese re_`f he title of the Ordinance
into the record, noted the need for a Public Hearing , "b`���efly explained same. A
motion was made by Mayor Pro Tem Bond, second by ncil Member Hoog,
to approve Ordinance No. 01-2013 as written. ! The ublic 'eta ing was opened.
Mayor Randels noted items that will be accompli 'hea-by the loan eds. Maureen
Michel asked if this will be passed along on the'.Tax Bill.. Mayor Ran kand Assistant
City Manager/City Clerk Angela Apperson respOnded to'` -her concerns;�e�faining the
loan will be repaid by the proceeds from the WdgtewaPerl apd Stormwater bills. The
Public Hearing was closed. The motion carried 5=0; with voting as follows: Mayor
Pro Tem Bond, For,
Council Me ber Hoog, For;1 ,C:ouncil Member Petsos, For;
Mayor Randels, For; and Council mer Walsh, Foray
7b. Resolution No. 2013-02, adopting ffii�A'Citty of .Cape Canaveral, Florida
rizina the
Plan to the Florida Demrt'ffient of Environ'ffi, +.ffital Protftbon; providing for the repeal of
prior inconsistent resolutions;.jgeverability, and an effective date: Attorney Garganese
read the Resolutioft title into `the record. Public Works Services Director Jeff Ratliff
answered questions asked by nCouncil Membe�"�s. Consultant Don Berryhill expressed
appreciation for the opp`or:unity to work,with_th`e City and noted the pleasant experience.
He explain`~ ei ; A,rocess ,for applying ,for the loan and the requirements for the
Facilitie 'Platin F'�o-f-ed the pro -construction loan interest rate is 1.69%; indicated the
cons upon loan sho1-d root be rh6ch`higher; explained how the rate is calculated; the
ado do ' fi tthe Facilitiesv 'I n does 'hot obligate the City to construct the items within the
plan; the gement for the,. Facilities Plan to be sent to the State for review/comments;
the ability tom s, down ft,,� loan at any time with no pre -payment penalties; that the
Facilities Plan c ,,be amended; however, doing so will require additional review by
State Departmen`st 1t 911G revenue from the Wastewater and Stormwater fees will be
used to repay the lo h,"the loan is for 20 years; the first payment will be due six months
after completion of construction; interest will be charged as money is drawn and a rate
increase is not required to repay the loan. Mr. Berryhill responded to Council Member
questions. The Public Hearing was opened. No comments were received and the
Public Hearing was closed. Mr. Berryhill provided additional information about the Loan
Program. A motion was made by Council Member Petsos, seconded by Council
Member Walsh, for approval of Resolution No. 2013-02. The motion carried 5-0
with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For;
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 4 of 6
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
8. Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape Canaveral
Code of Ordinances related to commercial parking facilities in the A1A Economic
Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date, first
reading: Attorney Garganese read the Ordinance title into the record, noted the prior
submittal of the Ordinance, the additional work by the Planni hq Zoning Board and
provided a brief explanation of the Ordinance. Plannm a d Zoning Director Barry
Brown provided further explanation of the Ordinance, t"'p� taken by the Planning
and Zoning Board and the creation of the definition of c , mer I rking facilities. The
Public Hearing was opened. Ray Osborne providedtcomi ents an"r, uestioned whether
this item is needed. He expressed concern,`over noise from alarms in the
neighborhood. The Public Hearing was clpsed Council Membe discussed the
screening/landscaping requirements. A mofio` � Was male by Mayor P m Bond,
seconded b Council Member Petsos to a s the, O .di6hpce 03-201 s written.
Y P ' 4 � . fi3i
The motion carried 5-0 with voting as follows: Aif j Or Pro Tem Bond, For; Council
Member Hoog, For; Council Member Petsos, For; ,Mayor Randels, For; and
Council Member Walsh, For.
9. Ordinance No. 04-2013, amendirfa the` 401iltion of "height of building' set forth in
Section 110-1 of the Cape Canaveral Code of �' dm' a- set; providing for the repeal of
prior inconsistent ordinarfid.&:-nand resolutions; incorpo'ation into the Code; severability;
and an effective datefirst reading: Attorn 21y Garganese read the Ordinance title into
the record and pro`,uided a brief:` explanation sof same. Planning and Zoning Director
Barry Brown reviewel;actions`taken which le
g, lo the Ordinance. The Public Hearing
was opened. No comments,.Vere receiyend the Public Hearing was closed. A
motion wase er-,by Council Mems" Petsos, seconded by Council Member
Walsh �o appro l��;o�f�Ordina�ce No 04-2013. The motion carried 5-0 with voting
as f flows: Mayor P�Mayi-
_or
W,Tem Bond; For; Council Member Hoog, For; Council
Member P tsos, For; Randbis, For; and Council Member Walsh, For.
10. Ordin 0,E No. 05:2013; amending Chapter 110, Zoning, of i
Ordinances relayed. to outside storage; providing for a definition: repealin
exception in the.and>C-2 Zoning Districts for the commercial establish
storage or narking oCiecreational vehicles. trailers and trailerable items;
severability and an effective date, first reading: Attorney Garganese read the Ordinance
title into the record and provided a brief explanation of same. Planning and Zoning
Director Barry Brown explained the events which led to the prior Ordinance being sent
back to the Planning and Zoning Board for further consideration and creation of a
definition for outside storage. The Public Hearing was opened. Joyce Hamilton
expressed concerns related to the creation of a non -conforming use, to which Attorney
Garganese responded. She also encouraged an Ordinance change to allow temporary
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 5 of 6,
parking on grass areas for special events. Attorney Seth Chipman, representing Mr. &
Mrs. Pierson, property owners in the 200 Block of Central Blvd. noted his clients'
opposition to the Ordinance due to the lack of consistency with uses in the
neighborhood and the City's Vision Statement. To prohibit the parking of these items in
residential neighborhoods is not in, the best interest of the community. Concerns raised
by Attorney Chipman were discussed and included the proposed Town Center and
Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for
outside storage, to which Mr. Brown responded M1. The Public Hearing was closed.
Further Council comments were received. A motion was made by Council Member
Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. The
motion carried 5-0 with votingas follows: Mayor Pro Tern Bond, For; Council
Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
1.014:191:4 &3
11, Council
Mayor Pro Tern Bond welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara. He noted ithe large turnout for the Sea Oats Planting and
thanked Council Member Petsos, for his work on this project.
Council Member Walsh asked who normally serves as the City's Representative to the
TPO, to which it was stated the Mayor is the representative. She requested additional
review time when a large document is presented for consideration/adoption.
Council Member Petsos thanked Public Works Services for their work on the Sea Oats
Planting Project.
Council Member Hoog welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara.
Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the
League of Women Voters, He noted his participation in a "Trike-a-Thon" held at
Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately
25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is
requesting support for their request to obtain tourist tax dollars that will be available
after the loan for the Baseball Stadium is paid in April 2013. They would like a
municipal pier, beach or boardwalk, and/or a surf park/destination beach resort. He
noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor
Randels noted at the February 14th Space Coast Transportation Planning Organization
(TPO) meeting the TPO's Legislative Priorities to the State Department of
Transportation were amended to include the AlA Corridor Improvements as
recommended in the Feasibility Study.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 6 of 6
There being no further business, the Meeting adjourned at 8:26 P.M.
Rocky F
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date- 03/19/2013
Item No. 2,
Subject: Resolution No. 2013-06; supporting and honoring all military service members,
veterans and their families in the State of Florida and recognizing April 17, 2013 as
Military Family and Community Covenant Day, providing an effective date.
Department., Administrative Services
Summary: The Florida Military Family and Community Covenant, Inc. (FMFCC) is a
not-for-profit whose mission is to recruit a ground swell of civilian support across the
State of Florida to support our military families and veterans. By reaching out to
Florida's 410 cities and engaging small groups of civilians to create and implement an
action plan, the FMFCC will make a difference in the lives of military families.
The FMFCC has asked the Florida League of Cities to partner in getting the word out to
Florida's cities by encouraging its membership to place this item on an agenda before
the end of March for consideration and adoption of a resolution in support of Florida
Military Family and Community Covenant Day — April 17, 2013.
Submitting Department Director: Angela M. Apperson Date: 2,
.... . ... . . ..... . ...
Attachments:
Resolution No. 2013-06; Florida League of Cities letter with attachments
Financial Impact: Staff time to prepare Resolutiorland agenda item.
Reviewed by Finance Director: John DeLeo - ----- Date:
The City Manager recommends that City Council tal-e the following action:
Adopt Resolution No. 2013-06. 7
Approved by City Manager: David L. Greene 6) -LA-L- Date:f3
1
[ ]Approved as Recommended ]Disapprove
City Council Action: OveV
Approved with Modifications
Tabled to, Time Certain
RESOLUTION 2013-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AND
HONORING ALL MILITARY SERVICE MEMBERS, VETERANS AND
THEIR FAMILIES IN THE STATE OF FLORIDA AND RECOGNIZING
APRIL 17, 2013 AS MILITARY FAMILY AND COMMUNITY COVENANT
DAY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, for more than 230 years, individuals from all walks of life have taken up
arms and sworn an oath to support and defend the principles upon which our country was
founded; and
WHEREAS, whether serving at home or abroad, Florida's active duty reserve and
National Guard military and civil servants, protect our homeland, respond to national disasters,
assist humanitarian emergencies and protect against all threats foreign and domestic; and
WHEREAS, created in 2008, the United States Army Community Covenant program
was designed to foster and sustain effective state and community partnerships with all the armed
services, improving the quality of life for service men and women and their families; and
WHEREAS, the State of Florida has conducted a state-wide community covenant
signing ceremony; and
WHEREAS, community support is essential to the readiness of the military and
contributes to strengthening the resilience of the U.S. military personnel; and
WHEREAS, Americans recognize that military personnel and their families make
considerable sacrifices as they defend the Nation, as multiple long deployments, frequent moves,
and visible/invisible wounds of war are a few of the unique stresses military families face; and
WHEREAS, today, Floridians support service members, veterans, and their families by
stepping forward to help mitigate stresses associated with military life while also striving to
inspire their fellow Americans to continue to recognize and support military and veteran families
in their communities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cape
Canaveral, Florida, recognizes April 17, 2013 as Military Family and Community Covenant Day
and hereby expresses their unwavering support and admiration to all current and former military
personnel for their true and faithful service and further recognize the tremendous sacrifices of
their families.
Res. No. 2013-06
Pg. 2 of 2
BE IT FURTHER RESOLVED that the City Council of the City of Cape Canaveral,
Florida, through the Florida Military Family and Community Covenant and Operation Strong
Families, accepts the call to action to support and honor all service members, veterans and their
families, past and present.
PASSED AND ADOPTED BY the City of Cape Canaveral City Council this 19th day of
March, 2013.
ATTEST:
Rocky Randels, Mayor
Name For Against
Angela M. Apperson, City Clerk John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
301 South Bronough Street * Suite 300 0 P.O. Box 1757 w Tallahassee, FL 32382-'1757 0 (850) 222.9684 o Fax (8501 222.3886 - www.floridialeagueoftifies,com
February 8, 2013
Dear City Manager Or City Clerk:
(PLEASE SHARE THIS INFORMATION WITH YOUR ci'ry OFFICIALS AND YOUR PUBLIC
INFORMATION OFFICER)
The Florida Nlilitary Family and COITIMLInit)F (" overiant, Inc, (FM17CC) is a jiot4or-profit whose mission is to
recruit a ground sNvell of civilian SUPI)Ort across the State of Florida to support our military fainilies and
veterans.
By reaching Out to Florida's 410 cities and engaging small gl'OLIPS Of civilians to create and implement an action
plan, the Florida Military Family and Comiriunity Covenant will make a difference in the life of military
families,
The Florida Military Family and Community Covenant hasasked the Florida League of Cities to partner in
getting the word out to Florida's cities. "Flieret'ore. we are elIC0 1,11' ZI gill" Vornur embership to place this item, oil an
agenda before the end ofMarch for consideration and adoption of a resolution in support ofFlorida Military
Family and Community Covenant Day -- April 17, 2013.
We have attached a draft resolution, along; with scveral other items of information — suggestions for activities
4:
celebrating "MFCC and April 17.2013 and a publicity checklist.
When adopting your resolution, we stroll(fly C11COUrage your' city to publicize the adoption ofthe resolution, as
C -
well as any activities planned in celebration of April 17,, 2013, FNAFCC Day. Also, please let the FMFCC
Executive Director (into. below) when the item is scheduled to conic before yourcoriunission or council.
Once your resolution is adopted, please provide a copy to the FMFCC at Post Office Box 883, Monticello,
Florida 32345-0 83. All resolutions will be placed on a backdrop for future events, including Celebrations on
April 17, 20113 inTallahassce.
For further information, please contact 1 a Pike, FMFCC. Executive Director at (850) 673-7981. Thank you for
placing this on an upcoming agenda for consideration, We took, for\,vard to receiving your resolution and to
celebrating Florida Military Family and Community Covenant throughout Florida!
Sincerely,
Manny Maroho
]'resident, Florida League of Cities
Mayor, City of Sweetwater
Presudent Manny Marofio, Mayor, Sweetwater
First Vice President P.C. Wu, Council President, Pensacola e Second Vice President Lori C. Moseley, Mayor, Mirarnor
Executive Director Michael Si"iq - General Counsel Harry Morrison, Jr.
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FMI, CC Mission:
To recruit and c,-oon]inate agroundsit.,,ell ofciviliansupport across the Great State
Florida to sIlpp(.,)I-t our militarY, and areronje'i, Pn ill (!S,
FAIFCC Vision:
To reach out to Florida's 410 cities and hiss re and of(�-Iviliafls to
create and unplement a local holistic action ph -vi ihat will make as diffi!rence ill the lives
o 'nlilifary and vereran fiunilies in their colnulunity,
ViSit US 011 the web aU www.fnifcc Org
tl�
Florida Militar (1, 1
y Family an Community Covenant
P.O. Box 883, Monticello, FL 32345 / 850-673-7981
Add City Logo along with FMFCC logo
Sample Press Release
Military Family and Community Covenant Day
{City Name} Adopts Resolution Recognizing Military Family
and Community Covenant Day
CONTACT: (City Official's Name)
FOR IMMEDIATE RELEASE: (Month Day, 20131
(Contact email address}/{Contact phone number)
{City Name), Fla. — The {City/Town/Village} of {city name} has adopted a resolution proclaiming April 17,
2013, Military Family and Community Covenant Day. This resolution represents the city's continuing
commitment to supporting and honoring all military service members, veterans and their families.
Cities across Florida are joining forces with Florida Military Family and Community Covenant (FMFCC),
along with several state and national agencies and organizations, to recognize April 17 as Florida Military
Family and Community Covenant Day, In partnership with the Florida League of Cities and the Florida
Regional Planning Councils Association, FMFCC is reaching out to Florida's 410 municipalities to inspire
civilian support for military families by creating a statewide network of Community Covenant Cities.
"The citizens of {city name} are proud to support this statewide covenant," said Mayor (name). "We
recognize the, sacrifices members of the armed forces, and their families, make on a daily basis. {City
name) looks forward to working with the Florida Military Family and Community Covenant to help these
famillies in the areas of employment, educatioln, housing, transition and well-being,"
When local, state and national leaders proactively respond to FMFCC's efforts to build accessible,
sustainable support for military and veteran families, cities can harness the good will of their
communities by leveraging the inherent pride Americans have for those who have given so much to
protect this nation.
For more information on Florida's Community Covenant Cities and supporting initiatives, such as
Operation Strong Families and the Civilian Battle Advocacy Buddy Battalion, please visit www.fmfcc.org.
Florida Military Family and Community Covenant, Inc. is a Florida -based not -for -,profit corporation.. Its sole purpose
is to recruit and coordinate a ground swell of civilian support across the great state of Florida to support our
military and veteran farrillies. Our, mission is to reach out to Florida's 410 cities and inspire and engage small groups
of civilians to create and implement a local holistic action plan that will make a difference in the lives of military
and veteran families in their community,
CITIES CELEBRATE FLORIDA MILITARY FAMILY
AND COMMUNITY COVENANT DAY
APRIL 17, 2013
Here are some low cost ways to celebrate, some of which can be ongoing activities:
• Invite military personnel and military families to participate in your commission or council
meeting during the adoption and signing of the resolution in support of April 17, 2013.
• Coordinate with military presence in your area to set up exhibits at local shopping malls,
military bases or other public places with information on your city government and its
services and military services available to the community and military families.
• Sponsor a military history day focusing on the history of the U. S. Military and your city and
its government. This could be coordinated with a local historic group.
• Involve businesses, sorority and fraternal organizations. Enlist their help in celebrating
Military Family and Community Covenant (FMFCC) Day.
• Contact your local library; advise them of the activities around this day. Ask if you can
make available at their information desk details on celebrating FMFCC Day.
• Work with senior citizens groups to find innovative ways to involve seniors in support of
military personnel and families in your area. Encourage seniors to volunteer their time with
the city to help military families.
• Request a speaker from FMFCC for your city activities and coordinate with senior groups,
businesses, sorority and fraternal organizations and the like to draw a large gathering of
concerned citizens.
• Sponsor an essay contest for students and city residents regarding the importance of the
U.S. Military and the military families in your area.
• Get acquainted with local military personnel. Coordinate efforts for integrated activities as
available and appropriate.
• Share information regarding your city/city services with military personnel and military
families.
• Sponsor tours of city hall and city facilities for military personnel and their families.
FLORIDA MILITARY FAMILY AND
COMMUNITY COVENANT DAY
APRIL 17, 2013
There are several steps that can be taken to promote and publicize your
city's project. A list of suggestions follows:
■ Get the local media involved from the beginning! Let the media
know when you will be adopting your resolution in support of
FMFCC Day.
■
Be sure to designate a contact person for your project(s) who can be
reached by the media during city hours and after.
.
■ Write a guest editorial that talks about Florida Military Family and
Community Covenant Day and the importance of cities support
military and military families and submit it to your newspaper(s)
opinion page editor for use before or on April 17, 2013. (Check
with your newspaper on deadlines.)
Coordinate with military personnel to have a press conference or
mJ&■
media day surrounding April 17, 2013 to discuss activities, etc.
■ Keep reporters informed of your activities. Send the local
newspaper(s), television and radio station(s) a media advisory to
alert them to upcoming activities and a press release(s) to
publicize your activities. (A sample press release in enclosed.)
■ Send a letter -to -the -editor of your local newspaper(s).
■ As you coordinate this project with various groups (as mentioned on
the list of suggested activities), encourage them to assist you in
generating publicity.
■ Consider scheduling an interview about your project on the local
television or radio talk show and/or your cable -access channel.
■ Highlight your activities on your city website. Be sure to put your
website address on ALL communications with the media. (This can
■
also be done on your social media sites, if you have them.)
Advise the Florida Military Family and Community Covenant staff of
.�
.
your activities.
■ A post -press release may be issued.
VZ
■ Be sure to send thank you letters to the newspaper reporter/editor if
receive favorable on the event.
you press
■ Don't forget to plan for and take good quality photos (both black and
white and color) for reprint in local publications and for
dissemination.
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03i/19/2013
Item No. 3'
Subject: Resolution No. 2013-07; declaring support for proposed changes to Section
287.055, F.S., also known as, "The Consultants' Competitive Negotiation Act" or
"CCNA"; providing an effective date.
Department: Administrative Services
Summary: Under Florida law, state and local governments are prohibited from
considering price when selecting consultants who provide specific professional services
(architecture, engineering, landscape architecture, surveying and mapping). Instead,
agencies are required to rank (select) firms based strictly upon qualifications. Price is
then negotiated with the top-ranked firm with no knowledge of what the other firms
might charge for the work.
While this method of procurement may be advantageous under certain circumstances, it
prevents cities/counties/citizens from ever being able to directly compare fee proposals
in the initial contracting process. Accordingly, several professional associations within
Florida (and across the country) are seeking to change the law to allow public entities
the discretion to continue to use the existing "qualifications -based selection" process or
to utilize an alternative "best value" method. Under the alternative method, firms would
be ranked according to qualifications as they are presently. The top-ranked firms would
then be invited to submit a fee proposal. The top firms would then be re-evaluated
considering qualifications and price with the latter being weighted at not more than 50
percent of the total award criteria.
The list of groups supporting the proposed legislation includes the following entities:
The Florida Association of Counties (FAC)
The Florida Association of Public Purchasing Officers (FAPPO)
The Florida Government Finance Officers Association (FGFOA)
The National Institute of Government Purchasing (NIG,P)
The Southeast Florida Chapter of NIGP
Wakulla County
Sarasota County
Lee County
St. Lucie County
Several public professional engineers throughout Florida
If passed, the bill would give agencies the discretion to competitively compare fees and
make a best value selection that considers qualifications and price among pre -qualified
firms; additionally, this legislation may help remedy the reductions in revenue agencies
throughout Florida are experiencing.
SubmittingRep
artment Direct r: Angela M. App rson Date: 2_,/7_2//,)
Attachments:
Resolution No. 2013-017 and Senate Bill 1002.
City Council Meeting Date: 03/19/2013
Item No. ,5'
Page 2 of 2
Financial Impact: Staff time to prepare Resolution an agenda item.
Reviewed byFinance Director: John DeLeo Date:
The City Manager recommends that City Council fake the following action:
Adopt Resolution No. 2013-07.
Approved �y City Manager: David L. Greene Date: 3/1 fl 3
._ __ - . .. . . ................... --'—
City Council Action: [ ] Approved as Recommended Disappr6ved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2013-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, DECLARING
SUPPORT FOR PROPOSED CHANGES TO SECTION 287.055, F.S.,
ALSO KNOWN AS "THE CONSULTANTS' COMPETITIVE
NEGOTIATION ACT" or "CCNA"; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, local and state agencies throughout Florida are experiencing severe
and significant reductions in revenue; and
WHEREAS, professional services agreements constitute a significant public
expenditure; and
WHEREAS, many local and state agencies throughout the United States routinely
compare fees among competing firms before selecting an architect or engineer; and
WHEREAS, current Florida law prohibits local and state agencies from
competitively comparing architectural/engineering fees and related costs; and
WHEREAS, several public organizations including the Florida Association of
Counties, the Florida Governmental Finance Officers Association, the Florida
Association of Public Procurement Officers and the National Institute of Government
Purchasing support the use of alternative procurement methods for the acquisition of
professional services; and
WHEREAS, the proposed change would modify the existing state law and would
give local and state agencies the discretion to competitively compare fees and make a
best value selection that considers qualifications and price among pre -qualified firms.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Florida, to support the proposed changes to the Consultant's
Competitive Negotiation Act to allow local and state agencies to procure professional
services on a "best value basis" as set forth in Florida Senate Bill 1002.
PASSED AND ADOPTED BY the City of Cape Canaveral City Council this 19th day
of March, 2013.
(Signature page follows)
Resolution No. 2013-07
Page 2 of 2
ATTEST:
Rocky Randels, Mayor
Name For Against
Angela M. Apperson,-City Clerk John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
Florida Senate - 2013
By Senator Soto
SB 1002
14-01249-13 20131002
1 A bill to be entitled
2 An act relating to the procurement of professional
3 architectural, engineering, landscape architectural,
4 or surveying and mapping services; amending s.
5 287.055, F.S.; revising the definition of the term
6 "continuing contract" and defining the term "best
7 value selection"; clarifying provisions with respect
8 to selection of firms by an agency under the
9 competitive selection process; providing that an
10 agency has the right to reject any or all submissions
11 received in response to a public announcement under
12 the competitive selection process; authorizing an
13 agency to award contracts to multiple firms under the
14 competitive negotiation process; providing for a best
15 value selection process; requiring agencies to adopt
16 rules governing the use of the process; providing
17 minimum requirements with respect to best value
18 selection procedures; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (g) of subsection (2) of section
23 287.055, Florida Statutes, is amended, and paragraph (m) is
24 added to that subsection, paragraph (b) of subsection (4) of
25 that section is amended, and paragraph (e) is added to that
26 subsection, paragraph (d) is added to subsection (5) of that
27 section, present subsections (6) through (11) are renumbered as
28 subsections (7) through (12), respectively, and a new subsection
29 (6) is added to that section, to read:
Page 1 of 4
CODING: Words stfieleen are deletions; words underlined are additions.
Florida Senate - 2013
SB 1002
14-01249-13 20131002
30 287.055 Acquisition of professional architectural,
31 engineering, landscape architectural, or surveying and mapping
32 services; definitions; procedures; contingent fees prohibited;
33 penalties. -
34 (2) DEFINITIONS. -For purposes of this section:
35 (g) A "continuing contract" means 4-a a contract for
36 professional services entered into in accordance with all the
37 procedures of this act between an agency and a firm whereby the
38 firm provides professional services to the agency for projects
39 in which the estimated construction cost of each individual
40 project under the contract does not exceed $2 million, for study
41 activity if the fee for professional services for each
42 individual study under the contract does not exceed $200,000, or
43 for work of a specified nature as outlined in the contract
44 required by the agency, with the contract having being feE a
45 fuzed ter -FR er-w-ith no time limitation, except that the contract
46 must provide a termination clause. Firms providing professional
47 services under continuing contracts shall not be required to bid
48 against one another.
.49 (m) "Best value selection" means the selection of a firm or
50 firms whose proposal provides the greatest overall benefit to an
51 agency in accordance with the requirements of a formal
52 solicitation.
53 (4) COMPETITIVE SELECTION. -
54 (b) The agency shall select in order of preference no fewer
55 than three firms deemed to be the most highly qualified to
56 perform the required services, except in instances where fewer
57 than three firms respond to the public announcement. In
58 determining whether a firm is qualified, the agency shall
Page 2 of 4
CODING: Words str4eken are deletions; words underlined are additions.
Florida Senate - 2013
SS 1002
14-01249-13 20131002
59 consider such factors as the ability of professional personnel;
60 whether a firm is a certified minority business enterprise; past
61 performance; willingness to meet time and budget requirements;
62 location; recent, current, and projected workloads of the firms;
63 and the volume of work previously awarded to each firm by the
64 agency, with the object of effecting an equitable distribution
65 of contracts among qualified firms, provided such distribution
66 does not violate the principle of selection of the most highly
67 qualified firms. The agency may request, accept, and consider
68 proposals for the compensation to be paid under the contract
69 only during competitive negotiations under subsection (5).
70 (e) The agency shall have the right to reject any or all
71 submissions received in response to the public announcement.
72 (5) COMPETITIVE NEGOTIATION. -
73 (d) The agency may, in its discretion, award contracts to
74 multiple firms.
75 (6) BEST VALUE SELECTION PROCESS. -
76 (a) An agency may, at its discretion, purchase professional
77 services using a best value selection process, subject to
78 requirements provided in this subsection. The agency shall make
79 such purchases in accordance with this chapter and rules
80 applicable to the agency.
81 (b) Each agency shall adopt rules governing the use of the
82 best value selection process in choosing a firm or firms.
83 Procedures for the use of the best value selection process must
84 include, at a minimum:
85 1. The preparation and distribution of a public
86 solicitation consistent with the requirements of subsection (3).
87 The public solicitation shall contain the criteria, procedures,
Page 3 of 4
CODING: Words5tr-i:eken are deletions; words underlined are additions.
Florida Senate - 2013
SB 1002
14-01249-13 20131002
88 and standards for the evaluation of proposals considered under
89 subparagraph 3.
90 2. The initial evaluation of proposals received in
91 accordance with the requirements of paragraph (4)(a).
92 3. A two-stage selection process that shall, at a minimum,
93 adhere to the following procedures and requirements:
94 a. Except as otherwise provided in this section, under the
95 initial stage of the selection process, competing firms shall be
96 evaluated using the criteria set forth in paragraph (4)(b) and
97 the agency shall select a firm or firms based on the
98 evaluations. Proposals for compensation to be paid under the
99 contract may not be solicited or accepted during this stage of
100 the selection process.
101 b. Under the second stage of the selection process, the
102 firms selected shall be asked to submit a compensation proposal
103 for the proposed work. The proposal shall be evaluated along
104 with the information obtained under sub -subparagraph a. and any
105 other information the agency chooses to request with the
106 compensation proposal to make a best value selection.
107 4. A requirement that the criterion pertaining to
108 compensation may not exceed 50 percent of the total weight of
109 the published evaluation criteria.
110 5. Authority of an agency head to negotiate with the best
111 firm available in the event of a declared state of emergency
112 pursuant to s. 252.36.
113 Section 2. This act shall take effect July 1, 2013.
Page 4 of 4
CODING: Words tee= are deletions; words underlined are additions.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/1�9/2013
Item No.
Subject: Approve the Library Board's request to purchase books to expand the Library
collection utilizing Library Capital Expansion Fund Reserves.
Department: Leisure Services
Summary: The Cape Canaveral Library Board, at its September 11, 2012 meeting,
unanimousgy approved a motion to request $30,000 for the purchase of videos and
books to expand the Library collection.
The funds will be spent as follows:
$8,000 to Baker and Taylor for Adult and Juvenile Books
$6,000 to Cengage / Gale Group for large print books
$2,070.72 to Center Point Large Print for adult large print books
$13,900 to Midwest Tapes for DVDS, and Books on CD
Unfortunately, this request was not included in the FY 12/13 Budget and will require a
budget amendment.
Submitting Department Director: Gustavo Vergara Date: --1 -5 - \ �3
Attachment: Minutes from the September 11, 2012 Library Board Meeting
Financial Impact: $30,000. As of January 31, 2013 the Library Capital Expansion
Fund Reserve balance was $212,803.25. If approved, this will be included in the yearly
Budget Amendment, processed at the end of the fiscal year.
Reviewed by Finance Director: John DeLeo Fi, Date:
The City Manager recommends that City CO,9'ncil take the follow ng action:
Approve the request for funding.
Approved by City Manager: David L. Greene 01-11- Date:
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
CAFE CANAVERAL LIBRARY BOARD
Meeting Minutes September 11, 2012
1. Cn to Order
The regular meeting of the Cape Canaveral Library+ Board was held Tuesday, September 11, 2012, and called to
order at 2:01 pm by Linda M. Brown, Chairperson.
The following Members were present:
Linda Brown, Chairperson
Jean Deck, Secretary
Mary Ernst, Library Board Member
Marilyn Nicholas, Library Board Member
Evelin Reid, Library Board Member
V X777
Jenny C Morrison, Library Director
Marianne Ellis, Recording Secretary
Fran Norman — Cape Canaveral Recreation Center
Leo Nicholas
a. Anorovat of minutes
Evelin Reid made a motion to approve the May 8, 2012 minutes.
Marilyn Nicholas seconded the motion.
Motion carried unanimously as approved and accepted.
b. Carresnondeuce
There was no correspondence.
C. Chaireerson's Yteoort
Linda Brown welcomed Marilyn Nicholas as our newest regular Library Board Member and noted that Mary
Ernst would not be continuing as a member of the Library Board. Linda told Mary that she may re -apply if she
wanted to re -consider. Her last meeting would be this one.
Linda advised that we have received applications for the vacancies on the Board. Linda asked if it was alright to
contact the persons on the applications to see if they are still interested in being on the Board. it was suggested
by several members that Linda contact those applicants that placed their interest at #1 or #2 first then continue
from there.
Review of Sunshine Laws was discussed. All of the Board Members will be required to review the Sunshine
Law once a year to make sure that everyone understands what the Sunshine Laws are. The Sunshine Laws
requires that two or more members of the Board cannot discuss anything that may come up in front of the Board.
The City of Cape Canaveral has requested that all of the Board Members have reviewed the Sunshine Law and
understand them.
There was much discussion about the possibility of getting the City of Cape Canaveral to provide a recording
secretary for Library Meetings after the present recording secretary is no longer available. It was suggested that
ath ... h 9—AMELOYMU MEMMU MaMEWWROUCMCAPA.ELALIMMY00AMWseanr
Jean Deck, Board Secretary, take the minutes. Jean expressed surprise and indicated that she would not continue
if so asked.
Evelin Reid made a motion that the board look into the possibility of having the City of Cape Canaveral provide
a recording secretary for our meetings and into changing our By -Laws to reflect this change. Jean Deck
seconded the motion.
d. Friends of the, Cane Canaveral, Public Librarn► Renort
Jean Deck reported that for the fiscal year the Friends expenses were $560.00 more than incoming funds. For
the calendar year expenses were $3000.00 more than incoming funds.
Book Sale Report
Arrangements are being made for the upcoming Children's Book Sale.
Regular yearly book sale will be the in December.
e. Dhvelor',s Renart
Jennifer Morrison reported that Circulation as of this date is down 4.3% for the year. This is likely due to people
using digital media more and more.
Attendance is up 5.7% indicating how many people are in and out of the Library.
Weeding continues especially in Juvenile items that haven't circulated in two years.
A report of fines & Fees was given to each Board Member and discussed.
Jenny thuked the Friends for helping finance her attendance at the PLA (Public Library Association)
Conference.
2. Personal Appearances
There were no personal appearances.
3. Unfinished BuldpeSs
There was no Unfinished business.
4. olssd Busine
w
a. Summer Library Youth Program
The Summer Library Youth Program was a huge success. There were 16 programs for infants & toddlers
presented with a total of 318 in attendance. A total of 894 children ages 4-11 years attended 8 programs. There
were 8 young adults in attendance of 1 program and one additional program for Youth Services was attended by
143 individuals.
b. Roof Replacement
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The final quote for the roof replacement on the Cape Canaveral Public Library was copied to each member of the
board. $133,123.00. The City of Cape Canaveral has promised to waive the permitting fees. Approximate
time to re -roof will be 3 months.
5. New Business
a. Library fund Raising
Linda Brown showed pictures she took at a San Jose Library and made suggestions for Library Fund Raising,
including a new sign for the Friends Book sales within the Library. Another suggestion was Commercial
Advertisements at the library for local businesses. Additional funds could be used for new books
b. 2013 Meeting Dates
Jenny Morrison requested that the Library Board Meetings be changed to Thursdays to help coordinate her
schedule better. A motion was made by lean Deck to change the by-laws to reflect a change in meeting day
from the second Tuesday every other month at 2:00pm, to the second Thursday every other month at 2:00pm.
The motion was seconded by Evelin Reid.
c. City Tax Contingency Funds Request
Jenny Morrison suggested looking into what it would cost to re -carpet the building.
d. Impact Fees Request
Jenny requested that a motion be made to request $30,000 from the city from Capital Improvement Accounts for
materials such as Videos, Books, etc. Jean Reck made a motion and Evelin Reid seconded the motion.
C, Vk'W Children's Christmas party
A question regarding volunteers arose about the co-sponsorship of the VFW Children's Christmas Party by the
Cape Canaveral Library on December 15, 2012 and was tabled until the November meeting of the board.
6. Announcements
a. The next Cape Canaveral Public Library Board Meeting will be held on Tuesday, November 13, 2012 at
2:00pm at the Cape Canaveral Public Library Meeting Room. The next Brevard County Library Board Meeting
will be held on Wednesday, November 2I, at 4:30pm at the Central Library.
b. All libraries will be closed Sunday, November I Ph and Monday November 12 to honor Veterans Day and
Thursday, November Vd and Friday November 234 for Thanksgiving.
7. AdIournment
Evelin Reid made a motion to adjourn the meeting.
Jean Deck seconded the motion.
There being no fiuther business before the Board, the meeting was adjourned at 3:40 pm.
X subM
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Recording
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City of Cape Canaveral
City Coun�cil Agenda Form
City Council Meeting Date- 03/19/2013
Item No. 5 -
Subject: Award the bid for the Canaveral North Drainage Way Improvements Project —
Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and
authorize the City Manager to execute the Construction Agreement for same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed Contractors, in
accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for
the installation of approximately 1,200 feet of reinforced concrete pipe in the Central
Ditch from West Central Boulevard to 400 feet north. Utility Easements have been
obtained from two property owners; one temporary Construction Easement has been
obtained to gain access to the site.
Staff advertised this bid opportunity on February 12, 2013 by posting (1) a legal ad in
the Florida Today newspaper, (2) a notice on the City's web page and (3) bid
information to the Onvia, Inc., bid service. Staff also notified several local contractors of
the bidding opportunity; these contractors provided similar types of services to the City
in the past.
Five (5) sealed bid submittals were received and publicly opened at the City Clerk's
Office on March 7, 2013. PWS Staff analyzed the bid submittals and recommends the
City award the bid/contract with Atlantic Development of Cocoa, Inc. of Cocoa, FL;
which provided the low bid in the amount of $295,941.55. The next lowest bid was
provided! by Valencia Construction Group, Inc. in the amount of $296,673.50.
Reference checks (via telephone) performed by Staff with City of Rockledge, City of
Indian Harbour Beach, City of Cocoa and Brevard County personnel revealed positive
responses concerning Atlantic Development to perform this type of work. A proposed
Construction Agreement is included as Attachment #1. A Bid Tally Sheet is included as
Attachment #2. Atlantic Development's Bid is included as Attachment #3.
Submitting Department Director: Jeff Ratliff Date: 03/12/13
Attachments:
#1 - Construction, Agreement
#2 - Bid Tally Sheet
#3 - Atlantic Development of Cocoa, Inc. Bid
Financial Impact: $240,000.00 was budgeted for this phase of the project. However,
due to the extremely low interest rates, this project was included in the State Revolving
Loan Fund request.
Reviewed by Finance Director: John DeLeo 'I (") Date: 31 1�J �'�
City Council Meeting Date: 03/19/2013
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action(s):
Award the bid for the Canaveral North Drainage Way Improvements Project - Phase I
to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and authorize the
City Manager to execute the Construction Agreement for same.
Approved by City Manager: David L. Greene DV -1- Date: -S L
City Council Action. [ ] Approved as Recommended Disappr6v
[ ] Approved with Modifications
Attachment #1
Construction Agreement
CONSTRUCTION AGREEMENT
THIS AGREEMENT MADE THIS DAY OF, 2013 between the CITY
OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and ATLANTIC
DEVELOPMENT OF COCOA, INC., a Florida corporation authorized and duly licensed to do business in the
State of Florida (herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of the Canaveral North Drainage Way Improvements.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; the Engineering Plan and Drawings prepared by the City's Public Works
Services Department, dated February 12, 2013; Bid Documents issued by the City, dated February 12,
2013; Contractor's Bid Submittal, dated March 7, 2013; General Conditions, if any, Supplemental
Terms and Conditions by the City, if any, all Change Orders approved by the City after execution of this
Agreement. These Contract Documents are hereby incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by
giving precedence in the following order.
a. Agreement Exhibits and Addenda;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions;
e. Engineering Plans and Drawings; and
f. Contractor's Bid Submittal
Any inconsistency in the work description shall be clarified by the OWNER and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole
discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR
hereby agrees to abide by the OWNER's interpretation and gees to cant' out the work in accordance
with the decision of the OWNER. When the material, article, or equipment is designated by a brand
name and more than one brand name is fisted, it will be understood that the work is based on one
brand name only. The CONTRACTOR will be responsible for all coordination necessary to
accommodate the material, article, or equipment being provided without additional cost to the OWNER
A substitute material, article, or equipment Is allowed If it is reasonably equivalent to the brand name
specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent.
CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and
allow the OWNER to make a determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within ten (10) days after the Issuance of a
written Notice to Proceed and shall complete the work of the Project within sixty (60) calendar days
from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only
be granted in writing.
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Canaveral North Drainage Way Improvements
6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense, and difficuk€es involved in proving in a
legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, Instead of requiring any such prof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
$100 for each day that expires after the time specified in Paragraph 5 for final completion until the work
Is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00)
Dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will] pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of Two Hundred Ninety-five Thousand, Nine Hundred Forty-one dollars and Fifty-five
Cents ($295,941.551. Payments will be made to the CONTRACTOR for actual quantities installed on
the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of
the Contract as If attached or repeated herein.
8. TERMINATION: DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves
the right to revoke and terminate this Agreement and rescind all rights and privileges associated with
this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke
and terminate this Agreement in the following circumstances, each of which shall represent a default
and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written notice
from the OWNER specifying the default complained of, unless, however, the nature of the default
is such that it cannot, In the exercise of reasonable diligence, be remedied within seven (7)
calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary
to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore; or
b. CONTRACTOR Is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder, or
d. CONTRACTOR has committed any act of fraud upon the OWNER; or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse Impact upon performance of this Agreement without prejudice to any other right, or
remedy OWNER may have under this Agreement.
Notwithstanding the aforementioned, In the event of a default by CONTRACTOR, the OWNER shall
have the right to exercise any other remedy the OWNER may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, OWNER shall be
liable only for the payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for Work properly performed prior to the effective date of termination
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except Involving CONTRACTOR's labor force); extraordinary
Page 3
Canaveral North Drainage Way Improvements
breakdown of or damage to OWNER's affiliates' generating plants, their equipment, or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
Is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sale discretion and
option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this
Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be
fully enforceable
11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's
Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract
Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompts and proper payments for labor, materials, or equipment
furnished him;
d, Another Contractor is damaged by an act for which Contractor Is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act°). After 50% completion of the
project, OWNER shall reduce to 50/6 the amount of the retainage withheld from each subsequent
progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in
whole or In part, and the project Is subject to laws and regulations contrary to the Act. The term "50%
completion of the project" shall mean the point at which the OWNER has expended 50% of the total
cost of the construction services purchased under this Agreement together with all costs associated
with existing change orders and other additions or modifications to the constructions services provided
for in this Agreement. After 50% completion, the Contractor may present to the OWNER a payment
request for up to one-half of the retainage held by the OWNER. Owner shall promptly make payment
to the CONTRACTOR unless the OWNER has grounds, under the Act, for withholding the payment of
the retainage. The remaining retainage amount withheld shall be released with the Final Payment after
the issuance of the Final Completion Certificate. OWNER shall make final payment to CONTRACTOR
within thirty (30) days after the work is fully and properly completed, if the contract has been fully and
timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR
has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien
fully covering all labor, materials and equipment for which a lien could be fled, or in the alternative a
bond satisfactory to OWNER indemn€fy€ng him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
Page 4
Canaveral North Drainage Way improvements
b. Work that does not comply with the Contract Documents:
c. Outstanding claims of liens; or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows:
a. General Administration of Contract. The primary function of the OWNER is to provide the
general administration of the contract. In performance of these duties, Lonnie Dunn or his
authorized representative Is the OWNER's Project Manager during the entire period of
construction. The OWNER (CITY) may change the Project Manager during the term of this
contract.
b. Inspections. Opinions. and Progress Reports. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The OWNER will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to the
worksite at all times during work preparation and progress. The Project Manager is not obligated to
make exhaustive or continuous on site inspections to perform his duties of checking and reporting
on work progress, and any such inspections shall not waive Owner's claim regarding defective
work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the
initial interpreter of the contract document requirements, and make decisions on claims and
disputes between Contractor and Owner.
e. Resection and Stoppage of Work. The OWNER shall have authorky to reject work which in
its opinion does not oonform to the Contract Documents, and in this connection may stop the work
or a portion thereof, when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as
the work progresses, based on CONTRACTOR's applications and OWNER's inspections and
observations, and will Issue certificates for progress payments and final payments In accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the OWNER, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall
attend such meetings as designated by the OWNER'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct
the work, and give it all attention necessaryfor such proper supervision and direction.
Page 5
Canaveral North Drainage Way Improvements
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Fumishina of Labor. Materials. eta CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary far the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure
all licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year
after acceptance by OWNER.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior, written consent of the OWNER.
a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted
by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or
omissions performed by the subcontractor as if no subcontract had been made.
b. If OWNER determines that any subcontractor is not performing in accordance with this
Agreement, OWNER shall so notify CONTRACTOR who shall take Immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide
OWNER and its affiliates with insurance coverage as set forth by the OWNER.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than OWNER and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - 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, oorporatlon, Individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its offioers,
employees, and city attorneys (individually and in their official capacity, from liability, losses, damages,
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed
or utilized by CONTRACTOR in the performance of this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or
to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the
Page 6
Canaveral North Drainage Way improvements
OWNER or its officers, employees, and city attorneys which may covered by this Indemnification. In all
events the OWNER and its officers, employees, and city attorneys shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this
Indemnification provided herein.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate
of good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR Is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the OWNER prior to the execution of this Agreement
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved
by the OWNER's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of Insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability Insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work are performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability Insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non -
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the
OWNER pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the tern of this Agreement. A copy of a current Certificate of Insurance shall
be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied
Page 7
Canaveral North Drainage Way Improvements
the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30
days prior to any expiration date. There shall also be a 30 -day advance written notification to the
OWNER In the event of cancellation or modification of any stipulated Insurance coverage. The
OWNER shall be an additional named insured on all stipulated insurance policies as its interest
may appear, from time to time, excluding workees compensation and professional liability
policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perforin any Work hereunder shall fully comply with the insurance provisions
contained in these paragraphs for sections 21 and 24.
25. MEDIATIONIVENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed In the Circuit or County Court for
Brevard County, Florida.
26. GOVERNING LAW $ VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced In accordance with the laws of the State of Florida. Venue for any state action
or litigatlon shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non -prevailing party the costs and expenses of such action Including, but not limited to, reasonable
attorneys fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an
Independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors,
partners, agents, and their employees are independent contractors and not employees of the OWNER.
Nothing In this Agreement shall be Interpreted to establish any relationship other than that of an
Independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors,
partners, employees, or agents, during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document,
computerized Information and program, audio or video tape, photograph, or other writing of the
CONTRACTOR and Its independent contractors and associates related, directly or indirectly, to this
Agreement, may be deemed to be a Public Record whether in the possession or control of the
OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio
or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter
118, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's
City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said
public records to the OWNER. All books, cards, registers, receipts, documents, and other papers In
connection with this Agreement shall at any and all reasonable times during the normal working hours
of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination
andfor audit.
The CONTRACTOR acknowledges that the OWNER Is a Florida municipal corporation and subject to
the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by
CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with
the Florida Public Records Law.
Page 8
Canaveral North Drainage Way Improvements
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth In thisAgreement, nothing contained
in this Agreement shall be construed as a waiver of the CITY'S right to Sovereign Immunity under Section
768.28, or other Ilmitations imposed on the CITY'S potential liability under state or federal law. As such, the
CONTRACTOR agrees that the CITY shall not be liable, under this Agreement for punitive damages or
interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or
portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this
Agreement shall not be considered a waiver of that tern, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shag be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no parry shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid to:
For CONTRACTOR:
Atlantic Development of Cocoa, Inc.
2185 West King Street
Cocoa, Florida 32926
For OWNER:
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
Either party may change the notice address by providing the other party written notice of the change.
Page 9
Canaveral North Drainage Way Improvements
Signed, Sealed and Delivered in the presence of:
Attest:
Attest: Angela Apperson, Assistant
City Manager/City Clerk
CONTRACTOR:
ATLANTIC DEVELOPMENT OF COCOA,
INC.
Name
Title
Business Address
City, State Zip
Date
OWNER:
CITY OF CAPE CANAVERAL,
A Florida municipal corporation.
By: David L. Greene, City Manager
Business Address
City, State Zip
Date
Attachment #2
Bid Tally Sheet
Bid Opagg
March 7, 2013 3:00
un
BIa Amount
Firm
Base $£d
HDPE Pipe
Alternate "An
RCP Pipe
�177.4;6
4-r2, 8l?. /v
ao
%� /�
ec�
�33z �.r3.�p
'��si 9f�s►�'
Attachment #3
Atlantic Development of Cocoa, Inc.
Bid
= Atlantic ]'evelopment of Cocoa, Inc.
..... 2185 West King Street ♦ Cocoa, Florida 32926
Phone (321) 639-4902 ♦ Fax (321) 632-3655
Email: jmoore@admficdevelopmentofcocoa.com
March 7, 2013
City of Cape Canaveral
105 Polls Avenue
Cape Canaveral, Florida 32920
RE: Bid #2013-01
Canaveral North Drainage Way Improvements
To Whom It May Cone=
ADC#13-012
Atlantic Development of Cocoa, Inc. (ADC), as bidder, hereby declares our intent to complete the
work specified in the above referenced bid.
ADC has been in business for 17 years, incorporating in January, 1996. Our executives have over 100
years of combined experience in the utility and construction industries. We have the equipment and
personnel to perform any task in the industry. We will provide a twelve (12) month warranty for all
work performed, including labor and materials.
We have performed this type of work on a larger scale for the City of Cocoa, City of Rockledge, City
of Indian Harbour Beach and Brevard County, to name a few.
Our executive staff is as follows:
A.M Moore............ President
Susan Moore.......... Vice President
Glenn Grignon....... General Manager
Jim Moore .............. Vice President
Regards,
im Moore
Vice President
Atlantic Development of Cocoa. Inc. ADC #13-012
2185 W. King Street James Moore, V.P.
Cocoa, FL 32926 jmooreQatlm**vebpmentafoo=-wm
321-639-8788 March 7.2-013
Contractor's Ouaiifications
Bid No. 2013-01
Canaveral North Drainage Way improvements
Name of Bidder. ATLANTIC DEVELOPMENT OF COCOA, INC.
Permanent main office address: 2185 WEST KING STREET, COCOA, FL 32926
Telephone: 321-632-8788 Fax: 321-639-0936
Organized (Month/Year): JANUARY 30 1996
Where incorporated (State): FLORIDA
Years engaged in the contracting business under our present firm or trade name? 17 yrs.
Background and experience of the principal members:
Alva M. Moore, President
James Moore, Vice President
Glenn Grignon, General Manager
47 years of construction experience
33 years of construction experience
30 years of construction experience
General character of work performed by our company: SEWER. FORCE MAINS, STO L1�WATER
AND RECLAIMED WATER. LIFT STATIONS UNDERGROUND UTILITIES. EARTHWORK.
CONCRETE, FLAT WORK, ROAD WORK & CURBS, EMERGENCY REPAIRS, SIDEWALKS
Contracts on hand:
Contract Name
Amount of Contract
Anticipated Completion
Dates
City of Indian Harbor Beach
Continuing Contract
Continuing Contract
Brevard County Natural Resources
• Sarno Lakes Phase II Drainage
$1,176,622
05/27/2013
Project
City of Rockledge
Continuing Contract
Continuing Contract
City of Cocoa
• Space Coast Gardens and Melrose
$1,080,760
09/25/2013
Manor Water Main Replacements
■ Continuing Contract
Continuing Contract
Continuing Contract
Atlantic Development of Cocoa, Inc. ADC #13-012
2185 W. IQng Street James Moon:, V.P.
Cocoa, FL 32926 jmo0re@aU8ntfcdMI0PMent0fW=.o0m
321-639.8788 a
Recent Proiects Completed
Bid No. 2013-01
Canaveral North Drainage Wav Improvements
Project Name
Description
Owner
Contact Address
Contact Phone
Removed and
ttru Ken Poole
Cedar Street
replaced existing
City of Rockledge
1400 N. Garden Road
321-690-3961
Drainage Ph. 1B
storm drainage
Rockledge, Florida 32955
system.
West Fortenbeny
Removed and
Merritt Island
Attn: Greg Lugar
Ditch Piping and
replaced existing
Redevelopment
575 N. Courtenay Pkwy.
321-454-6610
Sidewalk Extension
storm drainage
Agency
Room 207
system
Merritt island, FL 32953
Removed and
• Scott Scaldo
Yuma Drive Storm
replaced existing
City of Indian
055 S. Patrick Dr.
321-773-3181
storm drainage
Harbour Beach
Indian Harbour Beach, FL
system.
32927
Bracco Pond
Installed new storm
City of Cocoa
ttn: Ed Wegerif
chool Street
321-433-8770
Drainage
system
, Florida 32922
r725
Continuing
Stormwater, Sewer,
Brevard County
s Burton
321-633-2016
Contracts
Force Mains,
Water Resources
dge Fran Jamieson
Reclaimed Water,
Way
Lift Stations,
Building A, Suite 213
Emergency Repairs,
iera, FL 32940
etc.
ityofCocoa
Wegerif
321433-8770
40 School Street
Cocoa, Florida 32940
City of Rockledge
Ken Poole
321-690-3961
1400'N. Garden Road
Rockledge, Florida 32955
City of Indian
Scott Scaldo
321-773-3181
Harbour Beach
2055 S. Patrick Dr.
Ian Harbour Beach, FL
Atlantic Development of Cocoa, Inc. ADC #13012
2165 W. King Street James Moore, V.P.
Cocoa, FL 32926 Jn=re@a0aanUWeve1opmeftkGwa.cwm
321-639-8788 March 7.2013
Subcontractor(s) To Be Committed to the Proiect
Bid No. 2013-01
Canaveral North Drainage Way Improvements
SUBCONTRACTOR
NAME/ADDRESSAINFO.
Name: LSP, Inc.
SODDING
Address: 521 Thor Ave.
City: Palm Bay
StateMp: FL, 32909
Phone: 321-724-6176
Years in Business:
16
Date of Incorporation:
1997
State of Incorporation:
Florida
President:
Leo Badalamenti
Vice President:
Rose Badalamenti
General Character of Work:
Installation of Landscaping
Licenses:
Installation of Irrigation Systems
Land Clearing
Brevard County #9970167
Irrigation Contractor #IR196
Excavation/Landclearing #09 -EX -CT -00160
Completed Projects:
1) Ocean Beach Blvd.
Owner: City of Cocoa Beach.
GC: Quinton Hampton
2) Space Exploration Park
Owner: Space Florida
GC: Jones Edmond
3) Cruise Terminal 6
Owner: Port Authority of Cape Canaveral
GC: AE Com
4) Publix at Harbor Point
Owner. Publix
GC: HRG Construction
Atlantic Development of Cocoa, Inc. ADC #13.012
2185 W. King Street ,Eames Moore, V.P.
Cocoa, Florida 32926 Imoore@a@andodevelopmentofcocoa.com
321-639-8788 March 7. 2013
SECTION 00 30 00
BID No. 2013-01
For
City of Cape Canaveral
Canaveral North Drainage Way Improvements
Cape Canaveral, Florida
Submitted in Triplicate: March 7, 2013
City Clerk, City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Gentlemen:
The undersigned, as Bidder, hereby declares the only person or persons interested in the Bid, as
principal or principals, is or are named herein and that no other person than herein mentioned has
any interest in the Bid of the Contract to which the work pertains; that this Bid is made without
connection or arrangement with any other person, company, or parties making a bid and that the
Bid is in all respects fair and made in good faith without collusion or fraud.
The Bidder further declares he has examined the site of the work and has fully satisfied himself
that such site Is a correct and suitable one for this work and he assumes full responsibility
therefore. This determination was made based on his personal knowledge and experience and/or
having made sufficient test holes and other subsurface investigations. The bidder states that he
has examined the Drawings and Specifications for the work and based his own experience or
professional advice, he has determined that the Drawings and Specifications are sufficient for the
work to be done and that he has examined the other Contract Documents and all addenda relating
thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Non -collusion Affidavit of
Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds,
Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications,
Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has
satisfied himself fully, relative to all matters and conditions with respect to the work to which this
Bid pertains.
The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Cape
Canaveral in the form of Construction Agreement specified, to furnish all necessary materials,
equipment, all necessary machinery, tools, apparatus, means of transportation, and labor
necessary to complete the work specified in the Bid and the Contract, and called for by the
Drawings and Specifications and in a manner specified.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the work as stated in the Contract Form.
The Bidder further agrees that the deductions for liquidated damages, as stated in the Construction
Agreement, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional
costs to the Owner resulting from the work not being completed within the time limit stated in the
Construction Agreement.
003000-1
Atlantic Development of Cocoa, Inc. BEd No. 2013-01 ADC #13-012
2185 W. Wng Street Canaveral North Drainage Way Improvements James Moore, V.P.
Cocoa, Florida 32926 jmoore@danUcdevebpmentofaoaoa.cam
321-638-8788 March 7. 2013
The Bidder further agrees to execute a Construction Agreement and furnish satisfactory
Performance and Payment Bonds, each in the amount of one -hundred percent (100°%) of the
Contract price, within ten consecutive calendar days after written notice being given by the Owner
of the award of the Contract
The undersigned agrees to accept in full compensation therefore the total of the contract price for
the lump sum prices named in the following schedule. Absent a Change Order, there shall be no
increase in the lump sum payment. It is understood that the unit prices quoted or established for a
particular item are to be used for computing the amount to be paid to the Contractor in the event of
a Change Order, based on the quantities actually constructed as determined by the applicable
measurement and payment portion of the technical specifications.
Please Note: An alternate bid is requested for reinforced concrete pipe (RCP) in lieu of HDPE
Pipe. This alternate is noted on Bid Tabulation sheet titled "ALTERNATE "A" USING RCP PIPE."
Name of Bidder: ATLANTIC DEVELOPMENT OF COCOA, INC.
Bidder's Occupational Li
Signature of Authorized
Title: VICE PRESIDENT
Business Address: 2185 WEST KING STREET
City: COCOA State: FL Zip: 33296
Name and Address of Surety or Sureties who will sign Bonds:
Performance Bond Ohio Casualty Insurance Company
940 Seward Road
Fairfield, Ohio 45114
Payment Bond Ohio Casualty Insurance Company
940 Seward Road
Fairfield, Ohio 45114
003000-2
Mande Development of Cocoa, Inc. ADC #13-012
2185 West King Street James Moore, V.P.
Cocoa, FL 32928]mcore®atlanUcdevelopmentofcocoa.com
321-639-8788 March 7.2013
BASE BID USING HDPE PIPE
BID ESTIMATE
Bid No. 2013.01
12-0002 Canaveral North Drainage Way Improvements HDPE
Cape Canaveral, Florida
Unit
Item # Description QTY Unit Price Amount
General Construction Operations
MOBILIZATION
1 LS
7,800.00
7,800.00
MAINTENANCE OF TRAFFIC
1 LS
1,850.00
11850.00
EROSION CONTROL, EXPANDED REQMTS-INCL. TIRE WASH
1 LS
6,700.00
6700.00
DEWATERING
1 LS
11,400.00
11,400.00
Division Total
LS
2,500.00
$27,750.00
Construction Site
!9
Division Total
Earthwork & Related Operations
LF
$12,187,
MUCK EXCAVATION & REMOVAL
1,400
CY
11.50
16,100.00
COMPACTION
1
LS
2,250.00
2,250.00
CLEAN FILL - FOR BACKFILL & GRADING
1,800
CY
12.50
22,500.00
GRADE/SHAPE TRANSITION FROM HEADWALL TO EXIST.
DRAINAGE
1
LS
2,500.00
2,500.00
SWALE GRADING - EAST & WEST SIDES
1
LS
1,800.00
1,800.00
Division Total
1 1,1851
LF 1
1
$45,150.00
Base Courses
STONE BASE FOR
Division Total
Structures
$1
MANHOLE SPECIAL INDEX# 200'
1
EA
2,960.00
2,860.00
TYPE C INLET FDOT INDEX # 232
2
EA
1,260.00
2,520.00
SHORING WALL 10 FT. DEEP +1-
72
LF
355.75
25,614.00
CONNECTION BOX
1
LS
16,789.00
16,789.00
CONCRETE CONNECTION W/COLLARS TO EX817ING
HEADWALL
1
LS
1,850.00
1,850.00
PIPE 48" HDPE
1 1,1851
LF 1
110.95
131,475.75
PIPE, 12" HDPE -RE: YARD DRAIN
1 261
LF 1
23.32
583.00
SAND - CEMENT ENDWALL
11
EA
6,850.00
6,850.00
Division Total
$188,641.75
Page 1 of 2
Base Bid
Atlantic Development of cocoa. Inc. ADC #13-012
2185 West IQng Street James Moore, V.P.
Cocoa, FL 32928 jmoore@attanticdevelopmentofcocoa.com
321-639-8788 March 7, 2013
BASE BID USING HDPE PIPE
BID ESTIMATE
Bid No. 2013-01
12.0002 Canaveral North Drainage Way Improvements HDPE
Cape Canaveral, Florida
Unit
Item # Description QTY Unit Price Amount
Incidental Construction
EXPOSE AND CAP 2" FORCEMAIN
2
LS
100.00
200.00
YARD DRAIN
2
EA
750.00
11500.00
MANATEE BARRIERS
1
LS
2,025.00
2,025.00
RIP - RAP
1
LS
3,520.00
3,520.00
SOD & WATER
2,597
SY
1.80
4,934.30
HDPE CULVERT STRAPS
1
LS
27,212.85
27,212.85
REMOVE, AND RE -INSTALL TRAILER LOCATION SIGNS
1
LS
250.00
250.00
REROUTE/MODIFY DOWNSPOUTS TO FOLLOW SWALE
FLOWLINE
1
LS
300.00
300.00
WEST BANK TREES AND SOD SEE EXHIBIT W
i
LS
4,120.00
4,120.00
Division Total
1
$44,062.15
Division Total
TOTAL USING HDPE PIPE 1 332,453.40
Page 2 of 2
Base Bid
ATLANTIC DEVELOPMENT OF COCOA, INC. ADC #13-012
2185 West King Street James Moore, V.P.
Cocoa, FL 32926 Imocre@aUandcdevelopmentofcoma.com
321-639-8788 March 7, 2013
ALTERNATE "A" USING RCP PIPE
BID ESTIMATE
Bid No. 2013.01
12-0002 Canaveral North Drainage Way Improvements HDPE
Cape Canaveral, Florida
Unit
Item # Description QTY Unit Prioe Amount
General Cannfrur- ian Anerafinnc
MOBILIZATION
1
LS
7,800.00
7,800.00
MAINTENANCE OF TRAFFIC
1
LS
1,850.00
1,850.00
EROSION CONTROL, EXPANDED REQMTS-INCL. TIRE WASH
1
LS
6,700.00
6,700.00
DEWATERING
1
LS
11,400.00
11,400.00
Division Total
1
LS 1
1,800.001
$27,750.00
Construction Site
7
REMOVAL OF EXISTING 4' CLF 1 4101 LF 1 2.251 922.50
SCREEN EXISTING 6' CLF: TEMP. REMOVAL AS REQ'D 1 5001 LF 1 7.751 3.825.00
Division Total
FarthurnAr A Ralofarl nnarnAnne
$12,187,
MUCK EXCAVATION & REMOVAL
1,400
CY
11.50
16,100.00
COMPACTION
1
LS
2,250.00
2,250.00
CLEAN FILL- FOR BACKFILL & GRADING
1,800
Cy
12.50
22,500.00
GRADEISHAPE TRANSITION - HEADWALL TO EXIST.
1
LS
2,500.00
2,500.00
SWALE GRADING EAST & WEST SIDES
1
LS 1
1,800.001
11800.00
Division Total
1.185
LF
1
$45,150.00
MANHOLE SPECIAL INDEX # 200'
1
EA
2,960.00
2,960.00
TYPE C INLET FDOT INDEX # 232
2
EA
1,260.00
2,520.00
SHORING WALL 10 FT. DEEP, +/-
72
LF
355.75
25,614.00
CONNECTION BOX
1
LS
16,789.00
18,789.00
CONCRETE CONNECTION WICOLLARS TO EXISTING WALL
1
LS 1
1,850.00
1,850.00
PIPE, 48" RCP
1.185
LF
112.55
133,371.75
PIPE, 12" RCP - RE: YARD DRAIN
25
LF
68.00
1,700.00
SAND - CEMENT ENDWALL
1
EA
6,850.00
6,850.00
Division Total
$191,654.75
Page 1 of 2
Aftemate "A"
ATLANTIC DEVELOPMENT OF COCOA, INC. ADC #13-012
2185 West IGng Street James Moore. V.P.
Cocoa, FL 32926 jmoore@atlanticdeveiopmentafcocoa.com
321-639-8788 March 7, 2013
ALTERNATE "A" USING RCP PIPE
BID ESTIMATE
Bid No. 2013-01
12-0002 Canaveral North Drainage Way Improvements HDPE
Cape Canaveral, Florida
Unit
Item # Description QTY Unit Price Amount
Incidental Construction
EXPOSE AND CAP 2" FORCEMAIN
2
LS
100.00
200.00
YARD DRAIN
2
EA
750.00
1,500.00
MANATEE BARRIERS
1
LS
2,025.00
2,025.00
RIP - RAP
1
LS
3,520.00
3,520.00
SOD & WATER
2,597
SY
1.90
4,934.30
WEST BANK TREES AND SOD SEE EXHIBIT "A"
1
LS
4120.00
4,120.00
REMOVE AND RE -INSTALL TRAILER LOCATION SIGNS
1
LS
250.00
250.00
REROUTbMODIFY DOWNSPOUTS TO FOLLOW SWALE
FLOW LINE
1
LS
300.00
300.00
Division Total
$16,849.30
Construction
I 1 I LAYOUT AND AS -BUILT SURVEY 1 11 LS 1 2,350.001 2,35".001
Division Total
Construction
Division Total
TOTAL USING RCP PIPE 295,941.55
Page 2 of 2
Alternate "A"
Atlantic Development of Cocoa, Inc. Bid No. 2013-01 ADC #13-012
2185 W. King Street Canaveral North Drainage Way Improvements James Moore, V.P.
Cocoa. Flodda 32926 y=re@atIanWevftmerttafoaax=m
321-839$788 March 7.2013
Acknowledgement is hereby made of the following Addenda received since issuance of Plans and
Specifications:
Addendum No. 1 Dated: 2/28/13 Addendum No. Dated:
Addendum No. 2 Dated: 2128113 Addendum No. Dated:
NOTES:
1. Bid price includes applicable appurtenances to make proper connection of proposed reuse
mains to existing reuse mains. Removed blow -off assembly and other appurtenances shall
become property of City of Cape Canaveral Public Works Services Department.
2. Bid price includes removal and restoration of existing asphalt and base pavement, concrete
curb and gutter, and concrete sidewalk, as applicable.
3. Quantities shown are estimated quantities for bidding purposes only. Actual Quantities
shall be field measured and shall be paid to Contractor based on specified Unit Price for
bid item.
003000-4
Atlantic Development of Cocoa, Inc. Bid No. 2013-01 ADC #13-012
2185 W. Wng Street Canaveral North Drainage Way Improvements James Moore, V.P.
Cocoa, Florida 32926 Imoore@atlandodmlopmenbkm.com
321-639-87A8 March 7.2013
SECTION 00 48 00
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of FLORIDA
SS
County of BREVARD )
JAMES MOORE being first duly sworn, deposes and says that:
1) He is VICE PRESIDENT of ATLANTIC DEVELOPMENT OF COCOA, INC. the Bidder that has
submitted the attached bid:
2) He Is fully Informed respecting the preparation and contents of the attached bid and of all pertinent
circumstances respecting such bid;
3) Such bid is genuine and is not a collusive or sham bid;
4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, Including this affiant, has in any way colluded, conspired, connived or agreed, directly
or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such
Contract, or has In any manner, directly or indirectly, sought by agreement or collusion or communication
or conference With any other Bidder, firm or person to fix the price or prices in the attached bid or of any
other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other
Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage
against the City of Cape Canaveral, or any person interested In the Contract; and
5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including affiant.
-73 (Signature)
VICE PRESIDENT
(Tide)
Sworn to and subscribed before me this 7a' day of March , 2013.
STATE OF Florida
COUNTY OF Brevard
JAMES MOORE is personally known to me andfe
Notary Pubtla Stato of Ftakla
Levith
/.�/�/r%//lrfiiaf i����Ai�iyi'\ / � �orn� &��aaana�izo�sosaase
Ni; ryubllc-State of Florida
M c mission expires: 4124/15
004800-1
AtImIle Development of Cocoa, Inc. Bid No. 2013-01 ADC #13-012
2185 W. King Street Canaveral North Drainage Way Improvements James Moore, V.P.
Cocoa, Florida 32928 jmoorwamwevelopmentokocoa.com
32--1_-859.8788 March 7.2013
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to CITY OF CAPE CANAVERAL
By JAMES MOORE. VICE PRESIDENT
(Pint this individual's name and title)
for ATLANTIC P93MPPNRU OF COCOA, INC.
QKfnt name 0rentity aubmittiag sw marts)
whose business address is 2185 WEST KING ST., COCOA, FL 32926
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
FEIN 59-3357333
2., I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, means a
violation of any state or federal Iaw by a person with respect to and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the
United States including, but not limited to any bid or contract for goods or services to be provided to any
public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statues means
a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July I,
1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
S. I understand that a "person"as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transact business with a public entity. The term "person" includes
those officers, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Atlantic Development of Cocoa, Inc. Bid No. 2013-01 ADC 113-012
2185 W. King Street Canaveral North Drainage Way Improvements James Moore. V.P.
Cocoa, Florida 32926 p=m@atlantiodwebpmmnbk000aoom
321-639788 March 7. 2013
6. Based on information and belief the statement which 1 have marked below is true in a relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members or agents who are active in neither management of the entity, nor any
affiliate of the entity have been charged with and convicted of a public entity crime within the past 36 months.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime within the past 36 months, AND (Please
indicate which additional statement applies.)
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of
the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there
has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the hearing officer determined that it was not in the public interest to place
the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order).
(Signature) Date: March 7.2013
State of FLORIDA County of BREVARD
Sworn and subscribed before me this Z day of MARCH . 2013 by JAMES MOORE who is Personally
know to me 4 OR who produced identification
My Commission Expires: 4/24/15 (Seal)
f ,
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
•���s TALLAHASSEE FL 32399-0783
ZECMAN, CHARLES H
ATLANTIC DEVELOPMENT OF COCOA INC
2185 WEST KING STREET
COCOA FL 32926
Congratulabonsi With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better
For Information about our services, please log onto www.myfloridalicense.com.
There you can find more Information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
Department's Initiatives.
Our mission at the Department Is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new licensel
(850) 487-1395
STATE OF'FLOWPA- A13#121-5.7-2.42
DEPARTMENT_ 'OF `. BUSINESS AND.
PROFESSIONAL REGULATION.41;
CGC017868,:�4sa �0L/3.�2 110421674
CERTIFIED�:G '-EI�_S 'CONTRACTOR
ZECMAN,'
A'TIIiACCiys$lOsS, '( `~FS
COCOAIN
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IS CERTIFIED under ttie previsi=s 6z,02.489 ps
pe,pc:ieioa dat:i )►IIa :3T, 2014. Liiososoo9e�
(:1473/I/IMUh1�fNr:/_(C1Mi/1/l�i7iia/l:ISIM:(Cl.i/IL1M/f7,5i[/l:i/!J:{I�[/IM1101i121AA1F_\:iiY+J!\/.7!`f t:iti�7J.�.
A(J# 6.157 9.2. STATE .OF FLORIDA,
D$PARTMENT OF:BUSINE3S..AND PROFESSIONAL .REGULATION
- CONSTRUCTION INDUSTRY LICENSING: BOARD SEQ#L3.2060800987
06/.0812012.11.10421674
Tfie GENERAL CONTRACTOR.Ps
Named ;belak I.8 CERTIFIED.
.. ,.}: �"~�- ;%;:'pit••-'.
Under the provisions of ChapGer�.-i' A9 :SFS • ' `�
Expiration date: AUG 31 2014
XA � s`: rj�.� ,ter , .mss••,•- . �..,,..�a
ift t.
Th 14'S_r
ZECMAN.% CHARLES $ :•'r -y���•ut.;'{.
ATLANTIC DEVELOPMENT OF°COCOA Cw''
2185 WEST KING STREET;:��. f#�t•�: ':'
COCOA FL 32926
RICA SCOTT KEN LAWSON
GOVERNOR SECRETARY
DISPLAY AS REQUIRED BY LAW
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
' 1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
ZECMAN, CHARLES H
ATLANTIC DEVELOPMENT OF COCOA INC
2185 WEST RING STREET
COCOA FL 32926
Congratulationsl With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you betti
For information about our services, please log onto www.myftoridalleense.com.
There you can find more Information about our divisions and the regulations that
impact you, subscribe to department newsletters and loam more about.the
Department's initiatives.
Our mission at the Department is: Ucense Efficiently, Regulate Fairly. We
constantly stove to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new licensel
DETACH HERE
=� PROSES
�B'C05'6903 r
(850) 487-1395
OF :BUSINESS AND'.
110421674
.�V .cry
• .COCOA- IN
• ':>'-�,-•tea:' . ' .
xS CERTIFIED under. the provisions of ch.4.89 Fs
4 ssspiraam antis AtrG'31, :2014 1;1206006i60
AC# §1b (J (�. STATE OF FLORIDA
DEPARTMENT :OF. `BUSfNiiti9S AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L12060801068
s.. .. :. . __...
06/.08/2012 110421-674 : CUC05e903'-' S=. '�',,-
TheeUNDERGROUND UTILITY & E7CCAV�,Pt N:C;O'
Named "beloar • IS CERTIFIED
' ;d�re;.._.. �.: ='�=
s_+ria.
Under the. provis'ion's o Chapteir 'r:4a'3
Expiration date: AUG 31 2014
ZECMAN.; CHARLES H'
ATLANTIC DEVELOPMENT 'OV: COCOASL
2185 WEST KING STREET
COCOA FL 32926
RICK SCOTT
`GOVERNOR
DISPLAY AS REQUIRED BY LAW
KEN LAWSON
SECRETARY
BREVARD COUNTY PLANNING AND DEVELOPMENT DEPARTMENT
} LICENSING REGULATION AND ENFORCEMENT
2725 Judge Fran Jamieson Way, Suite A-105 Phone: (321) 633-2058
Tl Viera, FL 32940 Fax: (321) 690-6878
www.brevardcounty.us/licensina
CERTIFICATE OF COMPETENCY
CERTIFICATE NO.: EX70
THIS CERTIFICES THAT:
ALVA MOORE
ATLANTIC DEVELOPMENT OF COCOA INC
HAS QUALIFIED AS A:
EXCAVATING CONTRACTOR
THIS CERTIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF
BREVARD COUNTY, FLORIDA, THIS 6th DAY OF MAY, 2002
QUALIFIED BY:
GRANDFATHERING
NICK WITEK
CHAIRMAN, BREVARD COUNTY CONTRACTOR LICENSING BOARD
�C MPA,CNA►
SECRETARY,BREVARD COUNTYCONTRACTOR LICENSING BOARD
"77IIS IS NOTA BUSINESS TAX RECEIPT"
PLEASE VERIFYALL INFORMA770N FOR ACCURACY
---------------------------------------------------------------------------------------------
BREVARD COUNTY IMPORTANT!
THIS IS YOUR CERTIFICATE OF COMPETENCY
CONTRACTOR LICENSING BOARD DISPLAY AS REQUIRED BY LAW
CERTIFICATE OF COMPETENCY
UNDER BREVARO COUNTY ORDINANCE
CERTIFICATE NO.: EXPIRATION DATE: CHAPTER 22, ARTICLE VI
EX70 08/31/2013
EXCAVATING CONTRACTOR
ALVA NI MOORE
ATLANTIC DEVELOPAIENT OF COCOA INC
2185 WEST KING ST
COCOA FL 32926
d -,
Department of
Environmenta
I Protection
2600 Blair Stone Road, M.S. 3570
F t.
Tallahassee, Florida 32399-2400
August 31, 2009
Zongraiulations on successfully completing the Florida Stotrawater Erosion and Sedimentation Control Inspector
rraining Program. I gready'appreciate your participation in and successful completion of this course. I hope that it has
helped you to better understand Florida's stormwatar problems and the importance of proper design, construction, and
maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation
and maintenance of stotmwater systems after constractioa is completed,
Attached you will find your numbered certificateand wallet card. Please let me know if there are any exrots.in the
zertificate or card, or in the grading of your exam, If I can be of
6irther assistance, please do not hesitate to contact the at
850/245-8294 or via email: ha1ton.1uasfbrd@dep.stateflus
James Moore
Atlantic Development of Cocoa
2185 West King Street
Cocoa, FL 32926
DEPARTMENT OF
ENVIRONMENTAL PROTEC11ON
STORMWATER EROS1ON.ANrXPEPlMFNTA11ON CONTROL
INSPECT,ORTRAININAP.a
J, meg:s RAM
iL
M
eator Number
Class Di�e
August 10, 2009 22,259
QUALIFIE6 STORMWATER MANAGEMENT INSPEOTOR
'UALIFIED
STuRMWATER,MA: NAGEMENT
JINSPTO
EC
h6 -indersigaed'�herec" s ffiat
, hereby .lby 1. �. r ".9
JamA'-qpTe
has successfiffl'z"met all requirements net6ssdiy to be -fatly cerfified through
o'f
the Florida Pki ntal Protection Starrrawate-t Erosion
and Sed1m6ht'ikf'i'o*h &iitiolft'ft'spector TrProgram
August20,2009
Insp actor Number 22259
Hal LumforV Heather Ritchie
[_liant8- 47996
AT LAnEV
ACOIRDM CERTIFICATE OF LIABILITY INSURANCE4
(WIMM
312012
THIS CERTIFICATE IS ISSUED AS A 1VI14TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: Nthe certificate holder Is an ADDITIONAL INEGIMlY, the policyoss) mast be endorsed- N SUBROGATION IS WAIVED, subject to
the terms and conditions of the pellcy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holderbt lieu of such endorsement(a). e
PRODUCERnAM>r
Angel McGhee
Lanier LlpshaW, Inc.
1115 US Hwy 98 South
P.O. Bax 468
AM N„ em 863 6862113 N, 6826292
,mom Angel.Mcghee@Larderupshaw.com
FRODU
Lakeland, FL 33802
cusroNIM10*
INSURERISIAFFORDING COVERWRE NWC4
INSURED Atla�URERR:
Development of Cocoa, Inc.
Westfield Insurance Company 24112
INSURER S.: BrWgefishf Employers insurance 10701
2185 West ifing Street
2185 W
Cocoa, FL 32926
INSURERC:
INSURER D -
INSURERE
INSURER F • .
COVERAGES CERTIFICATE NUMBER: REVISION NUUBER:
i FIf.S I5 TO CERT IFYTHAT THEPOLICIES OF INSURANCE USTi� BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIQD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTIM DOCUMENT WITH RESPECT TO WEIGH THIS
CEFt RFMTE MAY BE ISSUED OR MAY PERFAIK THE INSURANCE AFFORDED BY THE POLICCES DESCRIBED IiEREIN IS SLIWSCT TOME. THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY 14AVE BEEN REDUCED BYPAID CI AIMS_
TYPE OF INSURANCEPOLJ
IZUN
CY EFF
PO I MrTS
A
GfaIERALLIaeILITY
CMM4774145
/2012
0412312012 EAmocwRRENce $1,000,0011
X COMW-RCIALGIDOWLUABRRY
PREMISES R. aa=== $150,000
[ I A[M&MADE a OCCUR
MEDEW(AnyowpMan) $10,000
X PD Ded:5,000
PERSCNALaAoV WURY $1,000,C00
eENERALAesREGATE $2,000,000
GEN`LAGGREGATELIMTPAPPUESPERU
PRODUC73-COMPIOPAGG s2000000
POUcY Mx PRo- Fx:l LoC
1
$
A
AmmOBILE Umury
CMM4774145
044412012
04J2312013 COMBINED 3MIGLE UMIt $
(En )
X ANYAUTO
1 000 000
eOMYIN.IURY(Pcrpmw) $
ALLOMED AUTOS
BODY.Y INJURY (Peraa bM0Q $
SCHWULEDAUTOS
X MREDAUTOS
PROPERTYDAMAM ;
(Peraaidantl
X NON-0MINEDAUTOS
i
s
U&MRO.LA LWHRCZAVASAMDE
UR
EACH OC CURRENCE $
EXCESS LEAs
AGGREGATE $
$
S
WORcONSATION
8304743
/12012
01X sTATu-B 10T" -
0412TO
AND EMPLOYOIVw►SILMY YIN
ANY PROMETORIPARTNERJ0M
E.LEACHACCIDENT $500,000
DtCLUD®T I�
f F��
WA
E.LOISEASE-EA $600,000
ataryInKH)
DESCw�PTTON Cr-Ar berow
EL Dtemr= - POLICY UMTT $600,000
A
Rented or
CMM4774145
012104123)2M
$300,000 Limit
Leased Equipment -
$5,000 deductl@le
DESCRIPTION OFOPERATTONSILOCATiONSJVErIRILISSOItcbACORD 7ot,AddrdandRamnrkaSd.dnr.,Vmore: ts,egc,hedl
Certificate holder Is Included as additional Insured with regards to the general liability as
their interest may appear.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE WERATION DATE THEREOF, NOTICE VAL L BE DELIVERED IN
City of Cape Canaveral ACCORDANCEWITH THE POLICY PROVISIONS.
105 Polk Avenue
Cape Canaveral, FL 32920 AUMoRIZEO REPRESENT'ATNE
®1988-2009 ACORD COWUHATIUN. AU ngnTs re3erveq.
ACORD 25 (2009109) 1 Of 1 The ACORD name and logo are registered marks of ACORD
#S191132/M191114 AL -M
City of Cape Canaveral
City Council Agenda Form
i
City Council Meeting Date: 03/19/2013
Item No. e;
Subject: Approve change in starting time for the May 21, 2013 Regular City Council
Meeting from 6:00 pm to 7:00 pm.
Department: Administrative Services
Summary: On August 21, 2012, the City Council ratified proposed events and
expenditures for the City's 50th Anniversary nine-month celebratory campaign. The third
and final "Hallmark Event" is an invitation -only reception scheduled for Tuesday, Mays
21, 2013 immediately preceding the City Council Meeting. It is the desire of the 50
Anniversary Staff Committee to host the reception from 5:30 pm to 6:30 pm. This would
accommodate individuals who may work past 5:00 pm and allow time for clean-up prior
to the start of the City Council Meeting.
The 50th Anniversary Staff Committee, therefore, requests that Council approve this
change in starting time.
Submitting Department Director: Angela Apperson, Date: L/ 'z_
on behalf of the 50"' Anniversary Staff Committee
. . ........... . ___ ...........
Attachment: N/A
.......... . . .......
Financial Impact: Cost of preparing agenda item and those related to the event.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council take the following action(s):
Approve change in starting time for the May 21, 2013 Regular City Council Meeting
from 6:00 pm to 7.00 pm.
Approved by City Manager: David L. Greene c),7Date:
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
City of Cape Canaveral
City Council" Agenda Form
City Counci'l Meeting Date: O 01'3
Item No. 7
Subject: Approve, with conditions, the application for satisfaction or release of lien for
Code Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a
reduction from $14,250.00 to $5,771.25.
Department: Code Enforcement
Summary: At the February 21, 2013 Code Enforcement Board Meeting, the Board
considered a request for a reduction of a Code Enforcement Board Lien in the amount
of fourteen thousand two hundred and fifty dollars ($14,250.00).
Shirley Weems, Property Representative, requested the reduction of the Code
Enforcement Board Lien due to the fact that they were not the owners at the time of the
violation and immediately brought the property into compliance.
Staff requested that the Code Enforcement Board recommend that City Council reduce
the outstanding lien to five thousand seven hundred seventy-one dollars and twenty-five
cents ($5,771.25).
The Board unanimously recommended that City Council reduce the outstanding lien to
five thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25).
Submitting Department Director: Todd Morley/ Date: 03,/01/2013
Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release
of Code Enforcement Lien, Board Order, Notice of Compliance, Current Lien Amount
Calculation, Staff's Consideration for Reduction, Code Enforcement Draft Minutes.
. . . .............
Financial Impact: Up to $8,478.75 in lien collection.
Reviewed by Financial Services Director: John DeLeo Date:
The City Manager recommends that City Council take the following action:
Approve, with conditions, the application for satisfaction or release of lien for Code
Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a reduction from
$14,250.00 to $5,771.25.
Approved by City Manager: David L. Greene Date: -&
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
...................
TO: David Greene, City Manager
VIA: Todd Morley, Community and Economic Development Director(;���n�
FiROM: Joy Lombardi, Code Enforcement Board Secretary WY
DATE: February 25, 2013
RE, Code Enforcement Board Recommendation to the City Council for the Satisfaction or
Release of Lien (8771 Cocoa Court, Case #12-00071)
At the February 21, 2013 Code Enforcement Board Meeting, the Board considered a request for the
reduction of a Code Enforcement Board Lien in the amount fourteen thousand two hundred and
fifty dollars ($14,250,00) to five thousand seven hundred seventy-one dollars and twenty-five cents
($5,771.25).
Shirley Weems, Property Representative, requested the reduction of the Code Enforcement Board
Lien due to the fact that they were not the owners at the time of the violation and immediately
brought the property into compliance.
The Board unanimously recommended that City Council reduce the outstanding lien to five
thousand seven hundred seventy-one dollars and twenty-five cents ($5,771.25).
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE #:j � '�_ APPLICATION FEE: S OP
APPLICANT: 75 N 112DATE: f
ADDRESS:
CITY. STATE: 1 I.. —m2Q
NATURE OF VIOLATION(Sy J).L�5kpK `1 e f2i x; j Mg
ADDRESS OF SUBJECT PROPERTY: ri -AMMLL�C LMTaO
DATE FINE/LIEN I1viPOSED: 1gMOUNT:C) cao
.i r.� /AAY O OT
COMPLIANCE DATE: Q8 05
RELIEF REQ TED: TISFACTION I REDUCTION (Circle one) IF REDUCTION,THE APPLICANT
PROPOSES AS TIM AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH'THELATOR BELIEVES THIS APPLIC TION SHO BEG D:
(If mors spa is needed add addi 'nal pages) na 11M
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICA ON BE
(If more space is needed add additional pages) �l1it)l. ,auS ti&,, �OD�
THE REASONS, IF ANY, WAY THE APPLICANT DID NOT BRING THE SUBJECT PROpEkTY INTO COMPLIANCE
PRIOR TO THE Of� 11 �pEIt OF PENALTY OR FINE BEING IIvLPO
r i ED AND MCORDED: (If more space is needed add
n
additional pages)
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO; THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
OR SA SFACTION OF PENALTY OR FINE: (If mo space is needed add addition pages)
A) bb.
oil1
� 0
Date: �p
licant9s Signa
STATE OF SC'`,, j+ , „� r•��
COUNTY OF
'BEFORE ME the undersigned authority did personally appear
as identification, and who after being glace nder oath, swore or affWh rnned the
wformation contained within this application is true and correct.
TARA
Na HI6R
Mwah 11, 2M$
FOR STAFF USE ONLY
APPLICATION FEE: $ 100,00 RECEIVED BY CITY ON 2 « !3
COMPLIANCE CONIN'D BY BUILDING OFFICIAL ON 7/5 / / 3
CODE ENFORCEMENT REVIEW ON 2 / 2
CODE ENFORCEMENT RECOW ENDATION ATTACHED: ✓ YES
ACTION OF CITY CoLr"C'L: APPROVE;,. DENY;y
_� APPROVE WITH FOLLOWING
CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
82/11/?'913 3:13 PH 00019416
Total 160.00
Lash kount ti".88
Cnanue 8.00
LK 8` pmourt $0.00
City of Caple Canaveral
Building Department/Code Enforcement
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Wells Fargo Bank, N.A., c/o Andrew Hohensee
Owner of the Property located at:
8771 Cocoa Ct.
Cape Canaveral, FL 32920
LEGAL: OCEAN WOODS STAGE 3-B LOT 80 PLAT BOOK 0025 PAGE 0056
Respondents,
Case #12-00071
CPN 2012259538, OR BK 6765 PAGE 5O'9,
Recorded 12P,7120 12 at 08:55 AM, Mitch Needelman, Clerk
of Courts, Brevard County!
# Pgs:2
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on December 11, 2012 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, havingheard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondents were provided a Notice of Violation in accordance with
Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent
with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 108.1, Unsafe Structures and Equipment; Section
108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4,
Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks,
Porches, and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the
International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the
City Code exist or existed upon the Property and Respondents were further provided' a
reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondents were provided
notice of hearing before the Code Enforcement Board and were not present at the hearing;
75101` Atlantic Avenue - P.0, Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 8681222 - Fax (321) 868-1247
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 108.1, Unsafe Structures and Equipment; Section
108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4,
Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks,
Porches and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the
International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the
City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitute violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
A fine shall be entered immediately in the amount of two hundred and fifty dollars
$250.00) p r day, including all cost authorized by law related to the iolatio until the violation
is ecte and full compliance is confirmed by the Code Enforcement Officer. Respondents
shall be responsible to provide notice of such violation being corrected to the Code Enforcement
Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of
Compliance;
2. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien
against the Property and any other real or personal property owned by the Respondent.
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 11th day of December, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
A4,""r,"d
Mary R ell, Chairperson
�'MICA1fp10
Copies furnished to:
Wells Fargo Bank, N.A., c/o Andrew Hohensee
City of. Cape Carle t s Case Filaell
,
STATE OF FLONDA
tOLAMOF
WYOFCAF'ECANNIUM
1iQ M�► thk cape
Of ofd!► OW orf / 2 eYiD7/ �datr
Cily'�faff,10��+ IfN�Ildf90N�oepoppyortl
j ►'
A.. By my MW end dw eli>Idd et dw Cky
type Cawafel sn " , deli d1
ity of Cape Canaveral
Wells Fargo Bank, NA
C/O MAC 4X780-013
3476 Stateview Blvd
Fort Mill, SC 29715
CASE NO: 2012-00071
LOCATION OF VIOLATION: 8771 Cocoa Court, Cape Canaveral, FL 32920
PARCEL ID: 24-37-14-55-00000.0-0080.00
RESPONDENT(S): Wells Fargo Bank NA
Your property was found in compliance on February 5, 2013, by meeting the requirements of the
Notice of Violation.
DESCRIPTION OF VIOLATION:
Section 82-221; International Property Maintenance Code (IPMC) adopted;
IPMC Section 108, Unsafe Structures and Equipment; 108.1;
IPMC Section 108.1.3, Structure Unfit for Human Occupancy;
IPMC Section 303.4, Structural Members;
IPMC Section 303.7, Roofs and Drainage;
IPMC Section 304.1, General;
IPMC Section 304.2, Structural Members.
Thank you for your cooperation in this matter.
If you have any questions, please do not hesitate to contact me at (321) 868-1222.
cZerely,
reeeX�Alexander
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.t-nyflorida.com/cgpe e-mail: cityofcapecanaveral.org
City of Cape Canaveral
Community & Economic Development Department
February 21, 2013
A Code Enforcement Lien was filed on 12/27/12, for the property known as 8771 Cocoa Court,
Cape Canaveral, Florida 32920. Brevard County Clerk of Court lias recorded this Lien as CFN
2012259538, in the Official Record Book 6765, Page 2509,
The legal in part is OCEAN WOODS STAGE 3-13, LOT 80 PLAT BOOK 0025, PAGE 0056. PI
# 24-37-14-55-00000.0-0080.00
The fines are as follows:
MONTH NO. DAYS AMT. TOTAL
12/11/12 21 days @ 250.00 = 5,250.00
1/13 31 days @ 250.00 = 7,750.00
2/5/13 5 days @ 250.00 = 1,250.00
"]'OTAL $14,250.00
The property was found in compliance on February 5, 2013,
Staff is recommending the Lien be reduced to $ 5, 771.25,
STAFF'S CONSIDERATIONS FOR. REDUCTION, OF I 'HE LIEN IS AS FOLLOWS:
> THE AMOUNT OF STAFF TIME INVOLVED IN THE ENFORCEMENT OF THE
VIOLATIONS.
> ATTORNEY TIME.
)� THE RESPONDENTWAS NOT THE ORIGINIAL VIOLATOR.
> THE, LENGTH OF TIME IT TOOK TO BRING THE STRUCTURE INTO
COMPLIANCE, ONCE THE PROPERTY WAS ACQUIRED BY THE NEW
PROPERTY OWNERS.
MINOR BLIGHTING EFFECT ON THE SURROUNDING PROPERTIES.
7510 N Atlantic Avenue -P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222- Fax (321) 868-1247
www.cityof aecanaveral,oiM e-mail. iiifo(-a)c�i(yofcaT,)ec�mavenal.("
-—
Code Enforcement Board
Meeting Minutes
February 21, 2013
Page 5
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0114,
Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs, recommendation and impose the
fine in the amount of five hundred dollars ($500.00) as stated in Citation #0114. Vote on the
motion carried unanimously.
1 Case No. 12-00071 — Violation of Section 108.1, Unsafe Structures and Equipment:
Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1 . General;, Section
303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11,
Stairways, Decks, Porches and Balconies: Section 304.1, General; Section 304.2,
Structural Members, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8771
Cocoa Ct.) — Wells Faro Bank, N.A. c/o Andrew Hohensee. (Application for
Satisfaction or Release of Code Enforcement Lien,,)
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review, Officer Alexander testified that the violation was for
an unsafe structure. Ale R
stated hat gyrd was posted on the
premise. Officer Alexal he erty a asvansIn 6' e 'from Wells Fargo Bank
to Federal Home Loan rtgag P �111bn ug corn lance on February 5, 2013.
Officer Alexander expla t taff's r n or the relction of the lien included
attorney fees; the fact that the new owner was not the cause of the violation; the length of time
to bring the property into compliance once they purchased the property; the minor blighting
effect on the surrounding properties; and the amount of Staff time involved in the enforcement of
the violations.
Shirley Weems, Representative for Federal Home Loan Mortgage Corp., testified that the
property was quickly brought into compliance. Ms. Weems stated that the property is ready to
be sold and' they have a buyer. She has submitted an application for the reduction of the Lien to
Staff's costs.
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of fourteen thousand two hundred and fifty dollars
($144250.00) to five thousand seven hundred and seventy-one dollars and twenty-five cents
($54771.25).
Motion by Mr. Viens, seconded by Mr. Hale, to recommend that Council reduce the lien in the
amount of fourteen thousand two hundred and fifty dollars ($14,250.00) to five thousand seven
hundred and seventy-one dollars and twenty-five cents ($5,771.25). Vote on the motion carried
unanimously.
City of Cape Canaveral
City Council Agenda Form,
City Council Meeting Date: 03/19/2013
Itemi No. S
Subject: Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances related to commercial parking facilities in the AlA
Economic Opportunity Overlay District; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an effective
date, second reading.
Department: Community and Economic Development
Summary: Prior to the adoption of the AlA Economic Opportunity Overlay District on
July 17, 2012, commercial parking facilities were not allowed in the City. With the
adoption of the Overlay, commercial parking facilities became a special exception use in
the M-1 Zoning portion of the Overlay District.
In a letter dated August 20, 2012, Mr. Charles Pindziak requested that commercial
parking facilities be changed from a special exception to a principal use. The Planning
& Zoning Board discussed the request on October 24, 2012 and directed Staff to draft
an Ordinance making commercial parking facilities a principal use and provide
screening and landscape requirements specific to this use. On December 12, 2012, the
P&Z Board reviewed the proposed Ordinance and recommended approval.
On January 15, 2013, Council heard the Ordinance with the following recommendation:
"Staff supports the Board's recommendation, but does not believe the language in the
Ordinance represents the intent of Staff or the Board for screening and landscaping. It
was the intent of Staff for the parking facility to be enclosed by fence or wall, but only
provide the landscape buffer where visible from public view. The Ordinance, as drafted,
requires a landscape buffer around the entire perimeter whether or not it is visible from
public view and only requires a wall or fence where visible from public view."
Accordingly, the Council unanimously agreed to return the Ordinance to the P&Z Board
for further review and addition of a definition for "commercial parking facility"'.
Planning & Zoning Board reconsidered the Ordinance on January 23, 2013, and
recommended approval with revisions that clearly identify screening requirements and
adds the following definition: "Commercial parking facility shall mean a facility primarily
engaged in the commercial enterprise of providing parking spaces for licensed motor
vehicles, usually on an hourly, daily or monthly basis. Commercial parking facilities
shall not include those facilities for the storage of boats, trailers, trailerable items,
recreational vehicles, unlicensed vehicles or other special purpose vehicles".
Council approved the Ordinance upon first reading on February 19, 2013. FoIlowing
first reading, the City Attorney made a minor wording change to the third sentence of
Section 110-690 related to when the CED Director may exempt a perimeter boundary
from, the landscape buffer requirement. This sentence was revised so that it was
consistent with the standard for the same exemption in, Section 110-687(1)d. — i.e. the
exemption is based on whether landscape buffer would create any visual interest or
transition on the perimeter. This standard is set forth as the purpose of requiring
landscape buffers in 110-687(1). The old language was included as one example of
City Council Meeting Date., 03/19/2013
Item No. 19
Page 2 of 2
.............................. - --------
this situation, which will allow for flexibility and a case-by-case analysis of this issue.
The Notice of Public Hearing was published on February 28, 2011
Submitting Director: Barry Brown
i.1'1./JE-') t I I h Date: 03/07/2013
Attachment: Ordinance No. 03-2013.
.m_ ... . ...... . . .................. . ........ . . ....... . . . .
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John DeLeoDate:
The City Manager recommends that City Co 6ncj tape the following action.,
Adopt Ordinance No. 03-2013, second reading.
Approved by City Manager: David L. Greene Date: -3 11,1113
City Council Action:[ Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
ORDINANCE NO. 03-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
COMMERCIAL PARKING FACILITIES IN THE AlA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
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, on July 17, 2012, the City Council adopted Ordinance No. 11-2012, which
established the AIA Economic Opportunity Overlay District (`GOOD") to promote hospitality
related commercial development capitalizing on the Port of Canaveral; to provide guidance and
direction in the design of new buildings and rehabilitation of existing buildings and storefronts in
order to improve their appearance; to enhance the AIA corridor's identity; and to promote a
pedestrian -friendly environment; and
WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow
commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and
Development District; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. 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
strikeoat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
City of Cape Canaveral
Ordinance No. 03-2013
Page 1 of 6
this Ordinance):
CHAPTER 110. ZONING
ARTICLE 1. IN GENERAL
Sec. 110-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
***
Commercial parking facility shall mean a facility primarily engaged in the commercial
enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or
monthly basis. Commercial parking facilities shall not include those facilities for the storage of
boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose
vehicles.
***
ARTICLE X. AlA ECONOMIC OPPORTUNITY OVERLY DISTRICT
***
DIVISION 2. ADMINISTRATION
***
Sec. 110-609. - Use matrix.
The AlA Economic Opportunity Overlay District is intended to serve as both the main
gateway area into the city as well as the main street to the city's proposed Town Center. The district
will have the most intense commercial intensity along AIA and there will be a transition between
the land use, circulation, and streetscape along Central Boulevard. The following land use matrix
(Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE),
or not allowed (NA).
Table 1— Land use matrix.
*Uses (not a complete listing)
C-1
C-2
M-1
Retail
P
P
'P
City of Cape Canaveral
Ordinance No. 03-2013
Page 2 of 6
Personal Services
P
P
'SE
Hotels and Motels
P
'P
'SE
Banks
P
P
'SE
Assisted Living Facility
SE
'SE
NA
'Pharmacies
P
P
NA
'Flex space (office, showroom, warehouse)
SE
SE
P
'Convenience store w/gas
SE
SE
P
'High tech / light manufacturing
SE
P
P
'Warehousing
NA
SE
P
'Off-site cruise ship parking accessory to hotels and
motels
SE
SE
SE
Commercial Parking Facility (minimum lot size of 5
acres)
NA
NA
§E 3P
'Port of Call Facility [Permitted pursuant to a
Development Agreement (DA)]
P (w/DA)
P (w/DA)
P (w/DA)
'Attraction and Destination uses
PD
PD
PD
'Mixed Use Development uses (i.e. Town Center)
PD
PD
PD
'Added Use
'Use included to clarify intent of code
3Subject to specific screening requirements set forth in section 110-690 of this Code
'Uses not specifically listed may be approved as a Planned Development (PD)
DIVISION 6. LANDSCAPING
Sec. 110-687. - Project perimeter.
(1) To create visual interest and transition on the perimeter between adjacent properties,
a landscaped area shall be provided between the adjacent properties and the public right-of-
way.
City of Cape Canaveral
Ordinance No. 03-2013
Page 3 of 6
a. The landscaped area shall be equal to the full linear length of the property and
have a minimum depth of five feet.
b. At least 50 percent of the required landscaped area shall consist of
landscaping capable of achieving a minimum of 30 inches in height, with one
medium or large tree planted for each 25 feet or fraction thereof of the linear property
length, or one small tree or palm tree planted for each 15 feet or fraction thereof of
the linear property length.
C. The layout of the required landscaped area shall be at the discretion of the
owner, such that the required square footage may be aggregated to provide maximum
aesthetic value. However, each perimeter requiring landscape must have at least 50
percent of the required landscape along that perimeter.
d. Unless otherwise expressly required by this article, the community and
economic development director may exempt a perimeter boundary from this section
if the community and economic development director determines that the perimeter
boundary does not abut a public space, including, but not limited to, a public road,
sidewalk or park, and the perimeter boundary does not create any visual interest or
transition on the perimeter between adjacent properties.
e. Commercial parking facilities subiect to section 110-690 are exempt from this
section.
Sec. 110-690. - Reset ver. Required screening for commercial parking facilities.
A commercial parking facility shall include a fence or wall around the perimeter of the
facility. Further, a perimeter boundary landscape buffer shall be required when a commercial
parking facility is located adjacent to a non -industrial type use or a public space, including, but not
limited to, a public road, sidewalk or park. When the perimeter boundary is located adiacent to a
non -industrial type use, the community and economic development director may exempt a perimeter
boundary from the landscape buffer requirement if the landscape buffer would not create any visual
interest or transition on the perimeter between adjacent properties (e.g. landscape buffer not visible
from non -industrial use). Landscape buffers required pursuant to this section shall be consistent with
the following:
(a) Opaque walls and fences shall be continuously landscaped along the outside
perimeter using shrubs and trees with minimal gaps or breaks in between plantings.
( Chain link fencing or other non-opaque walls or fences shall be continuously
landscaped along the outside perimeter with shrubs, plus one (1)10 -point tree, as defined by
section 110-567, every 35 feet in order to provide an opaque screen.
City of Cape Canaveral
Ordinance No. 03-2013
Page 4 of 6
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
March, 2013.
ATTEST:
ANGELA APPERSON,
City Clerk / Assistant City Manager
First Legal Ad Published:
First Reading:
Second Legal Ad published:
Second Reading:
February 7, 2013
February 19, 2013
February 28, 2013
March 19, 2013
Rocky Randels, Mayor
For Against
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 03-2013
Page 5 of 6
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03-2013
Page 6 of 6
City of Cape Canaveral
City Coun�cil Agenda Form
City Council Meeting Diate: 03/19/2013
Item No.
Subject: Ordinance No. 04-2013; amending the definition of "height of building" set
forth in Section, 110-1 of the Cape Canaveral Code of Ordinances; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading.
Department: Community and Economic Development
Summary: On September 18, 2012, City Council discussed how building height is
measured and how to prohibit artificially raising the grade to allow measurement of
building height from the new grade. After discussion, consensus was reached to have
the Planning & Zoning Board study the definition of building height and provide a
recommendation to the City Council. Per Section 110-1, "height of building" is defined
as follows:
Height of building means the vertical distance from 12 inches above the crown of the fronting road
or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof;, (ii) the
deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and
gambrel roofs. Measurement must be in compliance with the 1 00 -year flood level, as determined by
the Federal Emergency Management Agency.
On October 24, 2012, P&Z Board discussed amendments to clarify the intent of the
Code and directed Staff to prepare an Ordinance adding the following language:
"Excess fill placed at or around any portion of the building shall not be used as a means
to circumvent any maximum height requirement."
On December 12, 2012, the Board continued discussion of the Ordinance and
determined that a definition of "excess fill" was needed. At its January 23, 2013
meeting, the P&Z Board agreed to a definition for excess fill as "fill placed above the
first1ground floor elevation" and recommended adoption of the Ordinance.
Council approved the Ordinance upon first reading on February 19, 2013. The Notice of
Public Hearing was published on February 8, 2013.
Submitting Director: Barry Brown Date:03/07/2013
Attachment: Ordinance No. 04-2013.,
............
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John Deleo Date:
The City Manager recommends that City Council ake the following action:
Adopt Ordinance No. 04-2013, second reading.
Approved by City Manager. David L, Greene t91>4- Date: 6/,2
City Council g Date: 03/19/2013
Item No.
Page 2 of 2
City Council Action.- Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
ORDINANCE NO. 04-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE DEFINITION OF "HEIGHT OF
BUILDING" SET FORTH IN SECTION 110-1 OF THE CAPE
CANAVERAL CODE OF ORDINANCES; 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 desires to clarify the definition of "height of building" set
forth in Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 110-1. Section 110-1, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and sh ikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Section 110-1. It is intended that the text in Section 110-1 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Sec. 110-1. -Definitions.
Height of building means the vertical distance from 12 inches above the crown of the fronting
road or finish grade at the building line, whichever is highest, to (I) the highest point of flat roof; (ii)
the deck line of a mansard roof, (iii) the average height between the eaves and ridge for gable, hip
and gambrel roofs. Excess fill placed at or around any portion of the building shall not be used as
City of Cape Canaveral
Ordinance No. 04-2013
Page 1 of 3
a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the
first/ground floor elevation. Measurement must be in compliance with the 100 -year flood level, as
determined by the Federal Emergency Management Agency.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
March, 2013.
ATTEST:
ANGELA APPERSON, City Clerk
First Reading: February 19, 2013
Legal Ad published: February 28, 2013
Second Reading: March 19, 2013
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 04-2013
Page 2 of 3
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04-2013
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/19/2013
Item No. /?)
Subject: Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of
Ordinances related to outside storage; providing for a definition; repealing the special
exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the
storage or parking of recreational vehicles, trailers and trailerable items; providing for
the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading.
Department: Community and Economic Development
Summary: August 21, 2012 — City Council discussed Code Sec. 110-334(c)(11),
entitled: "commercial establishments for the storage or parking of recreational vehicles,
trailers and trailerable items". Council considered the appropriateness of locating such
establishments along SIR AlA. By consensus, Council requested the Planning & Zoning
Board study the issue and return a recommendation to the City Council.
August 22, 2012 — After discussion of the issue, the P&Z Board directed Staff to prepare
an ordinance prohibiting such establishments in the C-1 District within 400 ft. of the
entire SIR AIA roadway, as well as all of Central Boulevard; and to change "outside
storage" from a special exception to a principal use in the M-1 Industrial Zoning District.
October 24, 2012 — P,&Z Board reviewed a draft ordinance and recommended that the
400 ft. setback from the identified roadways apply to the C-2 Zoning District, as well.
Specific buffering and landscape requirements for this use were also discussed. The
Board directed Staff to bring a revised ordinance back for further consideration.
December 12, 2012 - P&Z Board concluded that the 400 ft. setback left only a few
possible locations in C-1 and C-2 for this use on SIR AlA and Central Blvd, The Board
also did not want "storage of RVs, trailers, etc." located along North Atlantic Avenue
and, therefore, recommended prohibiting the use in all of the C-1 and: C-2 Zoning
Districts, rather than calling for a 400 ft. setback. In addition, the Board recommended
changing "outside storage" from a special exception to a principal use in M-1.
January 15, 2013 - Council heard the Ordinance, formerly Ordinance No. 012-2013, and
supported the P&Z recommendation to prohibit "storage of RVs, trailers, etc." in C-1 and
C-2 Zoning Districts. Council also understood Staff's concern that the full ramifications
of making "outside storage" a principal use may not have been considered. While the
type of buffering and screening neededfor storage of RVs, trailers, etc. can be
anticipated, "outside storage" is potentially more encompassing. Additionally, "outside
storage" could include shipping containers, construction equipment & supplies, or other
uses that may require additional buffering or screening than required by Code. Staff
recommended that "outside storage" remain a special exception. By unanimous
consensus, Council returned the Ordinance to the P&Z Board for further consideration
and provision of definition for "outside storage".
January 23, 2013 - In an effort to, preserve the original Ordinance and due to the
City Council Meeting Date: 03/19/2013
Item No.
Page 2 of 2
.... .... . ......... ............... . . . . . ................ —
revisions made, a new ordinance number was issued, Ordinance No. 05-2013. The P&Z
Board unanimously recommended it with the revisions that will continue to list "outside
storage" as a special exception use and added the following definition: "outside storage
shall mean the commercial storage of licensed recreational vehicles, trailers, and
trailerable items, goods, wares, merchandise, commodities, or any other item outside of
a completely enclosed building for a continuous period of longer than 24 hours".
Council approved the Ordinance upon first reading on February 19, 2013. The Notice of
Public Hearing was published on February 28, 2013.
Submitting Director: Barry Brown Date:03/07/2013
Attachment: Ordinance No. 05-2013.
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Councillake the following action(s):
Adopt Ordinance No. 05-2013, second reading.
Approved by City Manager: David L. Greene 0 -p -J- Date:
City Council Action!: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
........... . ..
ORDINANCE NO. 05-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES RELATED TO
OUTSIDE STORAGE; PROVIDING FOR A DEFINITION;
REPEALING THE SPECIAL EXCEPTION IN THE C-1 AND
C-2 ZONING DISTRICTS FOR THE COMMERCIAL
ESTABLISHMENTS FOR THE STORAGE OR PARKING OF
RECREATIONAL VEHICLES, TRAILERS AND
TRAILERABLE ITEMS; 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, in 2009, the City conducted a community-based, citizen driven Visioning
process to develop a vision and strategy for future development and redevelopment of underutilized
areas located in the City; and
WHEREAS, in order to encourage future development consistent with the principles
developed during the Visioning process, the City desires to amend the actual list of special
exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing
Districts to repeal special exceptions for commercial facilities for the storage or parking of
recreational vehicles, trailers and trailerable items; and
WHEREAS, it is the City Council's intent that the outside storage or parking of recreational
vehicles, trailers and trailerable items be generally considered as outside storage, which is permitted
by special exception in the City's M-1 Light Industrial and Research and Development District; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. 05-2013
Page I of 5
Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter l 10. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Outside storage shall mean the commercial storage of licensed recreational vehicles, trailers,
and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a_
completely enclosed building for a continuous period of longer than 24 hours.
ARTICLE VII. DISTRICTS
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Section 110-334. Special exceptions permitted by board of adjustment.
( c) Special exceptions may be permitted for the following:
(11) Reserved. eornmerciai establishments fbi- the storage at parking o
following,
City of Cape Canaveral
Ordinance No. 05-2013
Page 2 of 5
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DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-354. Special exceptions permissible by the board of adjustment.
MWA
( c) Special exceptions may be granted for the following:
(1) Outside storage, subject to section 110-566, where applicable.
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
Sec. 110-393. - Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be permitted for the following:
Reserved.
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City of Cape Canaveral
Ordinance No. 05-2013
Page 3 of 5
EI M7
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto 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 19th day of
March, 2013.
ATTEST:
ANGELA APPERSON, City Clerk
ROCKY RANDELS, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 05-2013
Page 4 of 5
For Against
First Legal Ad Published:
February 7, 2013
First Reading:
February 19, 2013
Second Legal Ad published:
February 28, 2013
Second Reading:
March 19, 2013
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. 05-2013
Page 5 of 5
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/19/13
Item No.
Subject: Recreational Vehicles in Mobile Home Parks.
Department: Comm.unity & Economic Development
Summary: Code Enforcement Staff received Mayor's Request #12-11-2 regarding
(among other things) Recreational Vehicles (R.Ws) temporarily parked between Mobile
Home units in Mobile Home Parks. Code Enforcement Staff investigated and found that
R.Ws were indeed parked in Mobile Home Parks in violation of City Code. After Staff
consultation, it was determined to pursue a corrective course of action and compel the
removal of the R.Ws.
Subsequently, Staff received Mayor's Request #13-01-14 requesting direction on behalf
of a Mobile Home Park Manager, Staff replied that a corrective course of action was
initiated.
Shortly thereafter, Councilmember Hoog indicated to Staff that the City should consider
revising the prohibition in light of economic conditions.
Staff reviewed the code/long-range economic impact and recommends that we do not
revise the prohibition. This would have the effect of continuing the non -conformity,
thereby decreasing the likelihood that the property would provide any further
contribution to the economic development efforts intended by the Visioning Plan,
Community Redevelopment Area, Economic Opportunity Overlay District, and the Cape
Canaveral Economic Enhancement District.,
Staff asks Council review the relevant code sections, consider the impacts of a revision
and provide direction.,
How the code distinguishes between R.Ws and Mobile Homes:
Section 110-1 Definitions:
Camper trailer. See the definition of "recreational vehicle."
Dwelling, mobile home, means a detached residential dwelling unit over eight
feet in width, which bears a seal from the United States department of housing
and urban development, designed for travel over highways and streets or for
house accommodations or both, manufactured on an integral chassis or
undercarriage and arriving at the site where it is to be occupied, except for minor
and incidental unpacking and assembly operations, location on jacks or other
temporary or permanent foundations, connection to utilities and the like.
Mobile home means a structure as defined in F.S. § 553.36(12).
o Editorial notes -
o F.S. defines "Mobile home"' as any residential unit constructed to
City Council Meeting Date: 3/19/13
Item No.
Page 2 of 7
standards promulgated by the United States Department of Housing and
Urban Development.
o United States Department of Housing and Urban Development defines
"Mobile Home" as: A manufactured home (formerly known as a mobile
home) is built to the Manufactured Home Construction and Safety
Standards (HUD Code) and displays, a red certification label on the
exterior of each transportable section. Manufactured homes are built in the
controlled environment of a manufacturing plant and are transported in
one or more sections on a permanent chassis.
• Mobile home park means a single parcel of ground on which there are sites to be
[eased or rented to tenants for the purpose of parking mobile homes.
• Recreational vehicle means a unit designed as temporary living quarters for
recreational, camping or travel use, which either has its own motive power or is
mounted on or drawn by another vehicle. The term includes travel trailer,
camping trailer, truck camper, motor home and wheeled recreational trailer.
• Trailer park means an area duly licensed by the city and approved by the state
board of health, which is designed, constructed, equipped, operated and
maintained for the purpose of providing space for and otherwise servicing mobile
homes and trailers.
• Travel trailer. See the definition of "recreational vehicle."
Notes regarding Definitions:
1. Mobile Homes are defined distinctly by the red certification label,
2. A mobile home park is authorized to contain mobile homes.
3. There are no Business Tax Receipts issued for the use "Trailer Park".
4. Per definition, a Trailer Park can contain Mobile Homes. However, this does not
mean that a Mobile Home Park can, contain R.Ws.
Sec. 110-192. - Mobile home parks and single-family mobile home districts.
(a) Mobile home parks and single-family mobile home districts in existence on
October 28, 1975, shall be permitted, provided the number of spaces shall not
exceed those licensed or previously platted to such mobile home _parks or
City Council Meeting Date, 3/19/13
Item No.
Page 3 of 7
districts on that date and provided further that such mobile home parks shall not
exceed the limits of property also on that date under unity of title and shall be in
accordance with state law.
(b) Removal and installation of a mobile home unit shall be done only after a permit
is issued for this purpose by the building official.
Notes regarding non -conformities:
Mobile Home Parks are nonconforming, but have an important protection: individual
mobile home units can be replaced by permit issued by the Building Official. The Code
Enforcement Investigation revealed in some cases, as mobile home units are being
removed, they are being replaced with R.Ws.
ARTICLE IX, DIVISION 6 — VEHICLES AND VESSELS
Sec. 110-551. - Location of recreational vehicles, camping equipment, boats and boat
trailers.
No person shall occupy or reside in any travel trailer, camper trailer, camper (truck-
mounted), motor travel home or tent in any location within the city other than a duly
licensed and approved trailer park, except as provided in this section.
Except as necessary for repair or maintenance, no boat, utility trailer, recreational
vehicle or special purpose vehicle or structure designed to be mounted upon and
carried by another vehicle, shall be used as an accessory building or connected to any
utility or electrical service, except for temporary connections to battery charging devices.
Notes regarding this section:
Travel Trailers and Camper Trailers (synonymous with R.Ws) are allowed in an
approved Trailer Park. However, there is no current zoning category (use) for "Trailer
Park".
"Lessons Learned in Planning & Zoning", a book by P&Z Board Chairman, Lamar
Russell, indicates that a 1967 zoning map included a zone entitled "TR -1 Trailer Home
Park". Subsequent zoning maps do not contain this zone.
Sec. 110-551(b)(2)(e) authorizes only temporary connections to utilities except for
battery charging. This has the effect of prohibiting the use for living quarters (no
plumbing).
Mr. Russell's book, Appendix C, item 11 provides:
"No person is allowed to live in a vehicle. No water or electric utilities are to be
connected, except for temporary maintenance."
City Council Meeting Date: 3/19/13
Item No.
Page 4 of 7
Sec. 110-553. - Living or residing in boats, utility trailers, recreational vehicles and
special purpose vehicles.
No person or persons shall reside in or occupy with the intent of using as shelter any
boat, utility trailer, recreational vehicle, special purpose vehicle or other automotive
vehicles, such as an automobile, truck, bus or the like in the city for a period in excess
of 24 hours, with the exception of recreational vehicles in an approved and permitted
site used for recreational vehicles.
Economic Analysis:
Comparison of Ad Valorem taxes of various uses on a "per acre basis" in the City of
Cape Canaveral (source'. Brevard County Property Appraiser):
• Name: Vacant commercial land adiacent to AJT Building
• Use code: Vacant
• Market value: $464,100
• Acreage. 6.9
• Ad Valorem tax for 2012: $8,565.25
• Ad Valorem tax per acre: $1,241.34
• Name- Carvers Cove
• Use code: Campground Trailers Campers & Tents.
• Market value: $525,000.
• Acreage: 3.87
• Ad Valorem tax for 2012: $9,689.20
• Ad Valorem tax per acre: $2,503.67
• Name: Cocoa Palms
• Use code: Manufactured Housing Park
• Market value- $1,050,000
• Acreage: 6.75
• Ad Valorem tax for 2012: $19,378.41
• Ad Valorem tax per acre- $2,870.88
• Name- Homestead condominium at 8500 Rosalind Ave, Unit#1.
• Use code: Condominium Unit
• Market value: $42,920
• Acreage: .07
• Ad Valorem tax for 2012: $330.73
• Ad Valorem tax per acre: $4,724.51
• Name: Palms East
City Council Meeting Date: 3/19/13
Item No.
Page 5 of 7
• Use code: Low Rise Apartments
• Market value: $3,800,000
• Acreage: 10.99
• Ad Valorem tax for 2012: $70,131.28
• Ad Valorem tax per acre: $6,381.37
• Name: Cape Canaveral Joint Venture (Craig Technologies)
• Use code: Light Manufacturing
• Market value: $4,900,000
• Acreage: 12.44
• Ad Valorem tax for 2012: $90,432.44
• Ad Valorem tax per acre: $7,269.48
• Name: McDonald's at 8780 Astronaut Blvd.
• Use code: Fast food restaurant
• Market value: $625,000
• Acreage: 1.48
• Ad Valorem tax for 2012- $11,534.76
• Ad Valorem tax per acre-, $7,793.76
• Name: Residence Inn
• Use code: Full Service Hotel
• Market value. $3,,300,000
• Acreage: 6.23
• Ad Valorem tax for 2012: $60,903:48
• Ad Valorem tax per acre: $9,775.84
• Name: Commercial Plaza at 8699 Astronaut Blvd. (Kelsey's/Subway/etc.)
• Use code: Retail store
• Market value: $690,000
• Acreage: .85
• Ad Valorem tax for 2012: $12,734.3,7
• Ad Valorem tax per acre: $14,981.61
• Name: Homestead SFR at 316 Surf Dr.
• Use code: SFR
• Market value- $199,460
• Acreage: . 19
• Ad Valorem tax for 2012: $2,951.55
• Ad Valorem tax per acre: $15,534.47
City Council Meeting Date: 3/19/13
Item No.
Page 6 of 7
• Name: Non -homestead townhome at 229 Cherie Down
• Use code: Townhouse
• Market value: $87,070
• Acreage: .08
• Ad Valorem tax for 2012: $1,371.82
• Ad Valorem tax per acre-, $17,147.75
Viewed as a Chart:
Comparative Use Values
Ad Valorem tax per acre (BCPA Data)
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Conclusion: Ad Valorem tax proceeds for Mobile Home Parks are less than most uses.
Given that many of the City's Mobile Home Parks are located in, the Community
Redevelopment Area (CRA), it appears to be inconsistent with the City's Vision to
extend the Mobile Home Park non -conformity by approving this additional use. The
overall community purpose is better served by maintaining the prohibition, encouraging
the long-range increase in the City's taxable value base and raising the values of
neighboring uses by the eventual redevelopment of Mobile Home Parks.
Making no change means that:
• Park owners may continue to keep the Mobile Home use as long as they wish.
• The prohibition against R,V,'s in Mobile Home parks would remain in effect and
be subject to Code Enforcement action.
City Council Meeting Date: 3/19/13
Item No.
Page 7 of 7
Changing the code to allow R.Ws in Mobile Home Parks means that:
• Park owners may continue to keep the Mobile Home use + the R.V. use as long
as they wish,
9 Park owners would benefit in the short term from the cash influx generated by
approval of R.V. rentals.
• This action is inconsistent with the Visioning Plan, Community Redevelopment
Area, Economic Opportunity Overlay District, and the Cape Canaveral Economic
Enhancement District.
Submitting PepartmentDirector: Todd Morley -1' /K� Date: 3/11/2013
. ..................
Attachments:
Mayor's Requests #12-11-2 and #13-01-14.
Response to Mayor's Request #12-11-2.
. . ............................... . ... ....................
Financial Impact: Staff time to prepare this item; potential cost to produce an
Ordinance revision.
Reviewed by Finance Services Director, John DeLe)�,, Date:
The City Manager recommends that City Council take the following action:
Maintain the prohibition against R.Ws in Mobile Home Parks.
Approved by City Manager: David L. Greene (D 'I'*- Date: 3 11A 131
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
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Glenn Pereno
Wednesday, November 28, 2012 3:22 PM
Kim McIntire
Todd Morley; Rocky Randels
RE: Updates on Mayor Randels Requests
MW
The following is in response to your request for a status report(s). I summarized the list for your files, and they are:
1.. Request 12-11-02: lVlob%le me; numbering is required and staff notifies property owners with a door hanger.
In the event compliance is not met, code enforcement action is taken i.e. notice of violation. in relationship to
Mobile Parks and placement of RV/Travel trailer, it appears these unit(s) have been, in existence since my hire.
The City Code of Ordinances that governs these parks prohibits mixing mobile 'home(s), RV/Travel Trailer(s) in
those zoned areas. However, the existing unit(s) are non -conforming. I will set some time to discuss this with
Todd and staff in the near future for a course of action.
2. Request 12-09-27: Vacant parcel, property owner has been cited and will follow-up on compliance status.
3. Request 12-10-24: Parking on Anchorage/ROW, based on City Code of Ordinances, parking in ROW is prohibited
and staff will be contacting individual property owner(s) regarding these violations.
4. Request 12-10-23: Please forward for review.
5. Request 12-10-09: Please forward for review.
Respectfully,
Glenn Pereno, Building Official
Communit), & Economic Development Department
City of Cape Canaveral
75101 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 02 (371) 868-1247 (fax)
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