TUESDAY. June 18, :00 P.M. City Hall Council Chambers

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1 Mayor WILLIAM CAPOTE Deputy Mayor KRISTINE ISNARDI 120 Malabar Road, SE - Palm Bay, FL ( ) Councilmembers MICHELE PACCIONE KEN GREENE HARRY SANTIAGO JR. CALL TO ORDER: REGULAR COUNCIL MEETING NO TUESDAY June 18, :00 P.M. City Hall Council Chambers INVOCATION: Pastor Carl Rivera Cornerstone Church, Palm Bay PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: 1. One (1) vacancy on the Utilities Advisory Board (represents individual who has special talents, credentials, or experience which will be useful in the review and recommendation of utilities; resident and/or current customer of the City s utility system) Three (3) vacancies on the Youth Advisory Board (represents students grades 9-12).++ AGENDA REVISIONS: CONSENT AGENDA: There will be no separate discussion on those items listed under Consent Agenda (indicated with asterisks(*)). They will be enacted by the City Council on one motion. If discussion is desired by the City Council, that item will be removed from the Consent Agenda by Council and will be considered in the order that it appears on the agenda. RECOGNITIONS: 1. Volunteer Program (one (1) year of service as City boardmember): a) Library Advisory Board Jane Antonsen. 2. Palm Bay Police Department ceremony to administer police officer s oath. 3. Recognizing Sue Hann, City Manager, as recipient of Lifetime Achievement Award - Transportation Planning Organization, Bicycle Pedestrian/Trails Advisory Committee. THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE AND TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL.

2 City of Palm Bay, Florida Regular Council Meeting No Agenda - June 18, 2013 Page 2 of 4 PRESENTATION: 1. Patricia Williams, Recruitment Coordinator and Community Liaison Florida Guardian Ad Litem Program. ADOPTION OF MINUTES: * 1. Regular Council Meeting No ; June 6, PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Public comments will be heard by the City Council on non-agenda issues. Speakers must complete Public Comment Cards (orange) and are limited to 3 minutes each. PUBLIC HEARINGS: Individuals who wish to speak on an item prefaced with a are required to complete an Oath - Speaker Card (blue). 1. Ordinance No , amending the Fiscal Year budget by appropriating and allocating certain monies (fifth budget amendment), for final reading. 2. Ordinance No , amending the Code of Ordinances, Chapter 52, Boards, Subchapter Code Enforcement Board, by deleting provisions related to the priority of liens, for final reading. 3. Ordinance No , amending the Code of Ordinances, Chapter 118, Liens Levied Against Private Property, by deleting provisions related to the priority of liens, for final reading. 4. Ordinance No , amending the City s Comprehensive Plan Future Land Use Map to change the designated use of property located at the southwest corner of Palm Bay Road and Franklin Drive, from Public/Semi-Public Use to Commercial Use (1.84 acres)(case No. CP , City of Palm Bay), only one reading required. 5. Ordinance No , rezoning property located at the southwest corner of Palm Bay Road and Franklin Drive, from IU (Institutional Use District) to CC (Community Commercial District) (1.84 acres)(case No. CPZ , City of Palm Bay), for first reading. 6. Ordinance No , amending the Code of Ordinances, Chapter 174, Floodplain and Stormwater Management, Subchapter Floodplain Management, by providing for consistency with the Florida Building Code and updating references contained therein (Case No. T , City of Palm Bay), for first reading. 7. Ordinance No , amending the Code of Ordinances, Chapter 170, Construction Codes and Regulations, Subchapter Building Code, by providing for consistency with recent changes to the Floodplain Management ordinance (Case No. T , City of Palm Bay), for first reading. 8. Ordinance No , amending the Code of Ordinances, Chapter 52, Boards, Subchapter Youth Advisory Board, by providing for members to be students from any public school. (RESCHEDULED Date To Be Determined) THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE.

3 City of Palm Bay, Florida Regular Council Meeting No Agenda - June 18, 2013 Page 3 of 4 BOARD AND COMMITTEE REPORTS: PROCUREMENTS: Award of Bids: * 1. Construction of residential structure, Capeador Street, NW ITB Neighborhood Stabilization Program (Smith Development and Construction - $114,800). * 2. Mobile radios (Brevard County contract) Police and Fire Departments (Communications International - $199,995). * 3. Pierce Custom Impel Pumper (Florida Sheriff s Association contract) Fire Department (Pierce Manufacturing, Inc. (Ten-8 Fire Equipment, Inc.) - $435,129). Award of Proposal: * 1. Constant speed floating aerator, Wastewater Treatment Plant RFP Utilities Department (Aerator Solutions - $66,984). Contract: * 1. Annual scrub jay monitoring, three (3) years - Building Division - (BKI, Inc. - $59,700). UNFINISHED AND OLD BUSINESS: 1. One (1) appointment to the Building and Construction Advisory Committee. COUNCIL BUSINESS: NEW BUSINESS: * 1. Consideration of the distribution of the Edward C. Byrne Memorial Justice Assistance Grant funds for Fiscal Year * 2. Consideration of submitting an application to the Bureau of Justice for Justice Assistance Grant program funds to purchase computers for the Police Department. * 3. Consideration of an agreement with the School Board of Brevard County for school resource officers at Bayside High, Heritage High, and Southwest Middle Schools. * 4. Consideration of donation by the Fire Department of surplus fire equipment to the Brevard Community College Fire Training Academy. * 5. Consideration of an amendment to the agreement with Frank Ciolli as it relates to the settlement of code enforcement liens. 6. Consideration of Florida League of Cities 87 th Annual Conference, Orlando, August 15-17, 2013: a) councilmembers attending conference; b) rescheduling second regular Council meeting in August; c) selection of a voting delegate; THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE.

4 City of Palm Bay, Florida Regular Council Meeting No Agenda - June 18, 2013 Page 4 of 4 7. Consideration of councilmembers serving on the Florida League of Cities legislative policy committees for Fiscal Year ADMINISTRATIVE AND LEGAL REPORTS: * 1. Consideration of travel and training for specified City employees. PUBLIC COMMENTS/RESPONSES: Speakers are limited to 3 minutes. PALM BAY FOUNDATION: 1. Consideration of an organizational meeting. 2. Consideration of amending the Articles of Incorporation. 3. Consideration of review, ratification, and adoption of by-laws. ADJOURNMENT: Quasi-judicial proceeding. Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO. If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS ). Such person must provide a method for recording the proceedings verbatim. In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Office of the City Clerk at (321) or Florida Relay System at 711. THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE.

5 CITY OF PALM BAY, FLORIDA REGULAR COUNCIL MEETING NO Held on Thursday, the 6 1 h day of June 2013, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 7:00 P.M. Pastor Luis F. Lugo, Iglesia El Sinai, Palm Bay, gave the invocation, which was followed by the Pledge of Allegiance to the Flag. ROLL CALL: MAYOR: William Capote Absent DEPUTY MAYOR: Kristine lsnardi Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Ken Greene Present COUNCILMEMBER: Harry Santiago Jr. Present DEPUTY CITY MANAGER: Chad Shoultz Present CITY ATTORNEY: Andrew Lannon Present DEPUTY CITY CLERK: Terese Jones Present CITY STAFF: Present was Yvonne McDonald, Finance Director; Doug Muldoon, Police Chief. ANNOUNCEMENTS: Councilwoman Paccione announced the following vacancies and solicited applications for same: 1. One (1) vacancy on the Utilities Advisory Board (represents individual who has special talents, credentials, or experience which will be useful in the review and recommendation of utilities; resident and/or current customer of the City's utility sy$tem). 2. One (1) vacancy on the Building and Construction Advisory Committee (represents 'general contractor' position). 3. Three (3) vacancies on the Youth Advisory Board (represents students grades 9-12). AGENDA REVISIONS: There were no agenda revisions.

6 City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 2 of 8 CONSENT AGENDA: J All items of business marked with an asterisk were considered under Consent Agenda and enacted by the following motion: Motion by Mrs. Paccione, seconded by Mr. Greene, that the Consent Agenda be approved as presented with the removal of Item No. 1, under New Business, from consent. Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea ; Councilman Greene, Yea ; Councilman Santiago, Yea. RECOGNITIONS AND PROCLAMATIONS: Individuals were recognized; the proclamation was read. 1. Palm Bay Police Department: a)recognizing Douglas Bonney, owner of EZ Self Storage, for donation of storage space to the Neighborhood Policing Unit; b) recipient of the Alliance for Innovation's 2013 Award for Excellence in Local Government for the TAC-TEL Tactical Telemedicine program. 2. Amateur Radio Week - June 17-23, PRESENTATIONS: 1. Yvonne McDonald, Finance Director- April 2013 financial report. Mrs. McDonald provided Council with an overview of the financial report for April. 2. Chief Doug Muldoon, Police Department- School Resource Officer quarterly report. Chief Muldoon reviewed the quarterly report with the City Council. DEPARTMENTAL. REPORT: 1. Police Department- update. Chief Muldoon provided Council with an update on the department's organization, activities, and innovative programs. ADOPTION OF MINUTES: * 1. Regular Council Meeting No ; May 16, * 2. Special Council Meeting No ; May 28, The minutes, considered under Consent Agenda, were approved as prese_nted. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Individuals commented on various issues.

7 - City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 3 of 8 PUBLIC HEARINGS: 1. Ordinance No , amending the Code of Ordinances, Chapter 52, Boards, Subchapter 'Youth Advisory Board, Section , Composition, Meetings, By Laws, by establishing terms for the adult advisory members, for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mr. Greene, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea; Councilman Greene, Yea; Councilman Santiago, Yea. 2. Ordinance No , amending Ordinance No , which amended the Code of Ordinances, Chapter 200, Utilities Code, by adjusting the main line extension charges, for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened. A resident objected to the ordinance and explained his reasons for same. The public hearing was closed. Motion by Mrs. Paccione, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea; CounCilman Greene, Yea; Councilman Santiago, Yea Request by Chau Duong for a variance to allow a proposed screen room to encroach 10 feet into the 25 foot rear setback in RS-2 (Single Family Residential District) zoning (0.25 acres)(case No. V ). The Planning and Zoning Board recommended that the request be approved. The public hearing was opened and closed as there were no comments. Motion by Mr. Greene, seconded by Mr. Santiago, to approve the request. Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea; Councilman Greene, Yea; Councilman Santiago, Yea. 4. Request by City of Palm Bay to amend the Code of Ordinances, Chapter 174, Floodplain and Stormwater Management, in order to provide consistency with the Florida Building Code and update references therein (Case No. T )(RESCHEDULED TO P&Z ).

8 City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 4 of 8 PROCUREMENTS: Award of Proposal: * 1. Firefighter physical exams (Brevard County contract) - Human Resources Department (Life Scan Wellness Centers - $46,000). Staff Recommendation: Authorize the procurement of annual firefighter physical exam services, utilizing the Brevard County contract, to Life Scan Wellness Centers, Tampa, in the estimated amount of $46,000 through April2014, with the option to renew for one year; authorize the City Manager to execute the agreement. The item, considered under Consent Agenda, was approved as recommended by City staff. Waive of Proposal Process and Award: * 1. Aqua Disk disk filters, equipment, and components- Utilities Department (Aqua Aerobic Systems Inc.- $50,000 (sole source)). Staff Recommendation: Waive the bid process and award the sole source purchase of AquaDisk disk filters, equipment, and components to Aqua-Aerobic Systems Inc., Loves Park, Illinois, on an "as needed" basis, for an estimated annual amount of $50,000. The item, considered under Consent Agenda, was approved as recommended by City staff. Contracts: * 1. PowerDMS software - Communications and Information - Technology Department (Innovative Data Solutions, Inc. - $6,000). Staff Recommendation: Authorize the purchase of the PowerDMS document management software annual subscription from Innovative Data Solutions,-Inc., Orlando, in the amount of $6,000 ; authorize the City Manager to execute the contract. The item, considered under Consent Agenda, was approved as recommended by City staff. * 2. Supervisory Control and Data Acquisition master plan - TO Utilities Department (Wade Trim- $148,445).

9 City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 5 of 8 Staff Recommendation: Approve the task order for the Supervisory Control and Data Acquisition Master Plan with Wade Trim in the amount of $148,445. The item, considered under Consent Agenda, was approved as recommended by City staff. Miscellaneous: * 1. Troutman/Clearmont Realignment Project, change order - Public Works Department (Don Luchetti Construction - $16,892); increase City Manager's approval authority- additional $50,000. Staff Recommendation: Approve the change order to increase the contract cost with Don Luchetti Construction for the Troutman/Clearmont Realignment project in the amount of $16,892.08; increase the City Manager's aggregate authority to execute change orders for the project by an additional $50,000. The item, considered under Consent Agenda, was approved as recommended by City staff. UNFINISHED AND OLD BUSINESS: 1. Three (3) appointments to the Youth Advisory Board -Adult Advisory Members. Motion by Mrs. Paccione, seconded by Mr. Greene, to reappoint Lisa Wight, Greg Krolczyk, and Christopher Robinson to the board. Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea ; Councilman Greene, Yea; Councilman Santiago, Yea. 2. One (1) appointment to the Community Development Advisory Board. Motion by Mrs. Paccione, seconded by Mr. Santiago, to reappoint Hilda Boitnott to the board. Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea; Councilman Greene, Yea ; Councilman Santiago, Yea. COUNCIL BUSINESS: Councilmembers addressed various subject matters. 1. Mr. Santiago stated the Building and Construction Advisory Committee had requested the utilization of the City's lobbyist and other legislative resources to solicit funds for vocational training in high schools. Council concurred.

10 City of Palm Bay, Florida Regular Council Meeting No Minutes - June 6, 2013 Page 6 of 8 2. Mr. Santiago asked Council to consider rescheduling the regular Council meeting scheduled for June 20th to Tuesday, June 18th, as he wou ld be attending the elected officials' institute. Council concurred. NEW BUSINESS: (Ordinances were for first readings.) 1. Resolution No , establishing criteria for transportation impact fee mitigation as an economic development incentive. The City Attorney read the resolution in caption only. Deputy Mayor lsnardi expressed concern over the certificate of occupancy time frame. She suggested extending the date to June 7, 2015, to provide ample time for a project. Motion by Mr. Santiago, seconded by Mr. Greene, to adopt Resolution No , with the modification to the certificate of occupancy time frame to read "... between June 7, 2013, and June 30, 2015". Motion carried with members voting as follows: Deputy Mayor lsnardi, Yea; Councilwoman Paccione, Yea; Councilman Greene, Yea; Councilman Santiago, Yea. * 2. Resolution No , updating the City of Palm Bay's Interest Rate Risk Management Policy. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. * 3. Ordinance No , amending the Fiscal Year budget by appropriating and allocating certain monies (fifth budget amendment). The City Attorney read the ordinance in caption only. The ordinance was approved under Consent Agenda. * 4. Ordinance No , amending the Code of Ordinances, Chapter 52, Boards, Subchapter 'Code Enforcement Board', by deleting provisions related to the priority of liens. The City Attorney read the ordinance in caption only. The ordinance was approved under Consent Agenda. * 5. Ordinance No , amending the Code of Ordinances, Chapter 118, -Lie,os Levied Against Private Property, by deleting provisions related to the priority of liens.

11 City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 7 of 8 The City Attorney read the ordinance in caption only. The ordinance was approved under Consent Agenda. * 6. Ordinance No , amending the Code of Ordinances, Chapter 52, Boards, Subchapter 'Youth Advisory Board', by providing for members to be students from any public school. The City Attorney read the ordinance in caption only. The ordinance was approved under Consent Agenda. * 7. Consideration of a letter to the City's Federal Legislative Delegation supporting the restoration of the Urban Parks and Recreation Recovery program. Staff Recommendation: Authorize the Mayor to execute the letter. The item, considered under Consent Agenda, was approved as recommended by City staff. * 8. Consideration of implementing a Utilities Summer Internship Program in cooperation with Heritage High School's Academy of Environmental Water "-Technology Program. Staff Recommendation: Approve establishment of the program. The item, considered under Consent Agenda, was approved as recommended by City staff. * 9. Consideration of expenditures from the Palm Bay Police Department's Law Enforcement Trust Fund ($1,773). " Staff Recommendation: Approve the expenditure of fl,!nds as described within the City Manager's memorandum. The item, considered under Consent Agenda, was approved as recommended by City staff. *1 0. Acknowledgement of the City's monthly financial report for April The item, considered under Consent Agenda, was acknowledged by the City Council. 11. Consideration of attending the Community Leadership Reception and Dinner, Tallahassee, June 6, 2013.

12 City of Palm Bay, Florida Regular Council Meeting No Minutes- June 6, 2013 Page 8 of 8 Deputy Mayor lsnardi stated, pursuant to Council policy, that the travel had to be acted upon by Council. Mayor Capote was currently attending the reception. Council concurred to approve the travel. ADMINISTRATIVE AND LEGAL REPORTS: * 1. Consideration of travel and training for specified City employees. Staff Recommendation: Approve the travel and training as specified. The item, considered under Consent Agenda, was approved as recommended by City staff. PUBLIC COMMENTS/RESPONSES: Individuals commented on various issues. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 9:01P.M. ATTEST: Kristine lsnardi, DEPUTY MAYOR Terese Jones, DEPUTY CITY CLERK * Identifies items considered under the heading of Consent Agenda. "'Indicates quasi-judicial proceeding.

13 MEMO TO: and Members of City Council FROM: DATE: June 18, 201 SUBJECT: Ordinance Nos , , and Public hearings are to be held on the above subject ordinances and the captions of each read for the second and final time at tonight's Council meeting. If you should have any questions or desire additional information, please advise. tmj

14 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2013 BUDGET BY APPROPRIATING AND ALLOCATING FUNDS AS FOLLOWS: APPROPRIATION OF GENERAL FUND UNDESIGNATED FUNDS FOR THE PURCHASE OF COMPUTER SOFTWARE, PROFESSIONAL BUSINESS ANALYSIS, REPLACEMENT OF POLICE AND FIRE RADIOS AND INCREASE COUNCIL TRAVEL; REDUCE PREVIOUSLY INCREASED RESERVES FOR TRANSFER TO DEBT SERVICE FUND TO COVER PAYMENTS; INCREASE REVENUE AND EXPENDITURES FOR OUTSIDE CONTRACT MOWING SERVICES IN THE NUISANCE SPECIAL REVENUE FUND; TRANSFER FIRE IMPACT FEE FUNDS TO FLEET TO COVER PORTION OF FIRE APPARATUS PURCHASE; TRANSFER REMAINING BALANCE IN 2001 BOND FUND TO THE 2012 BOND FUND; APPROPRIATE UTILITIES UNDESIGNATED FUND BALANCE FOR SUMMER INTERNSHIPS AND TWO CUSTOMER SERVICE REPRESENTATIVES; APPROPRIATE UTILITIES CONNECTIONS FEE FUND UNDESIGNATED FUND BALANCE AND UTILITIES MAIN LINE EXTENSION UNDESIGNATED FUND BALANCE TO INCREASE UNIT 46 PROJECT; APPROPRIATE UTILITIES RENEWAL AND REPLACEMENT UNDESIGNATED FUND BALANCE TO COMPLETE REPAIRS FOR TANKS; APPROPRIATE SANITATION FUND UNDESIGNATED FUND BALANCE FOR CART REPLACEMENT AND CART CLEANING SYSTEM; APPROPRIATE FLEET SERVICES UNDESIGNATED FUND BALANCE TO PURCHASE REPLACEMENT VEHICLES AND FIRE APPARATUS AND RECORD REVENUE TO FLEET FROM TRANSFER FROM FIRE IMPACT FEES AND INSURANCE PROCEEDS; RECOGNIZING THAT SUCH APPROPRIATIONS MUST BE MADE PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF PALM BAY, CHAPTER 35; ADOPTING, RATIFYING, CONFIRMING, AND VALIDATING THE ALLOCATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Bay recognizes that non-budgeted items must be appropriated and that such appropriation must be allocated by Ordinance, and WHEREAS, transfers between funds and departments must be approved by City Council, and

15 City of Palm Bay, Florida Ordinance No Page 2 of 5 WHEREAS, Chapter 35, Finance, Budget, Section , of the City of Palm Bay, Code of Ordinances provides for the transfer of funds and appropriation of unbudgeted funds. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City Council, in accordance with the City of Palm Bay, Code of Ordinances, Chapter 35, Finance, Budget, Section , hereby appropriates the following funds: Revenues Expenditures General Fund Increase Council Travel Budget 7,000 Transfer to Public Service Tax Revenue Note Fund (220) 12,947 E-government Investment 50,000 Replace Radios Police Department 133,332 Replace Radios Fire Department 66,668 Undesignated Fund Balance 257,000 Reserves (12,947) Fund Subtotal 257, ,000 Nuisance Special Revenue Fund (105) Increase Contracted Services 65,000 Other Fees & Charges/Lot mowing 65,000 Fund Subtotal 65,000 65,000

16 City of Palm Bay, Florida Ordinance No Page 3 of 5 Fire Impact Fee Fund (153) Transfer to Fleet Fund 166,250 Undesignated Fund Balance 166,250 Fund Subtotal 166, , Public Service Tax Bonds Debt Service Fund (212) Transfer to '12 Public Service Tax Revenue 4,830 Note Fund (220) Undesignated Fund Balance 4,830 Fund Subtotal 4,830 4, Public Service Tax Revenue Note Fund (220) Transfer from General Fund 12,947 Transfer from Debt Service Fund (212) 4,830 Undesignated Fund Balance 17,777 Fund Subtotal 17,777 17,777 Utilities Operating Fund (421) Add (2) PT Summer Internship Positions 2,500 Add (2) Customer Service Reps (NW-H) 27,973 Undesignated Fund Balance 30,473 Fund Subtotal 30,473 30,473 Utilities Connections Fee Fund (423) Unit 46 Water (12WS06) 90,000 Undesignated Fund Balance 90,000 Fund Subtotal 90,000 90,000

17 City of Palm Bay, Florida Ordinance No Page 4 of 5 Utilities Renewal & Replace Fund (424) Water Rec. Fac. Tank Repair (12WS01) 367,894 Undesignated Fund Balance 367,894 Fund Subtotal 367, ,894 Utilities Main Line Extension Fund (425) Unit 46 Water (12WS06) 1,400,000 Undesignated Fund Balance 1,400,000 Fund Subtotal 1,400,000 1,400,000 Sanitation Fund (471) Cart Cleaning System 11,000 Cart Replacement 19,000 Undesignated Fund Balance 30,000 Fund Subtotal 30,000 30,000 Fleet Services Fund (521) Replacement of (3) vehicles due to collisions 65,905 Purchase Fire Apparatus 450,000 Insurance Proceeds 32,348 Transfer from Fire Impact Fee Fund 166,250 Undesignated Fund Balance 317,307 Fund Subtotal 515, ,905 Total 2,945,129 2,945,129 SECTION 2. The City Council adopts, ratifies, and approves the appropriations as listed above.

18 City of Palm Bay, Florida Ordinance No Page 5 of 5 SECTION 3. The provisions within this Ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on June 6, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

19 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE V, LEGISLATIVE, CHAPTER 52, BOARDS, SUBCHAPTER CODE ENFORCEMENT BOARD, BY DELETING PROVISIONS RELATING TO THE PRIORITY OF LIENS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title V, Legislative, Chapter 52, Boards, Subchapter Code Enforcement Board, Section , Liens, is hereby amended and shall henceforth read as follows: Section LIENS. Liens created pursuant to a Board order and recorded in the public record shall remain liens coequal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid, and shall bear compound interest annually at a rate not to exceed the legal rate allowed for such liens and may be foreclosed pursuant to the procedure set forth in Fla. Stat. Ch SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative

20 City of Palm Bay, Florida Ordinance No Page 2 of 2 or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on June 6, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

21 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XI, BUSINESS REGULATIONS, CHAPTER 118, LIENS LEVIED AGAINST PRIVATE PROPERTY, BY DELETING PROVISIONS RELATING TO THE PRIORITY OF LIENS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XI, Business Regulations, Chapter 118, Liens Levied Against Private Property, Section , Priority of Lien, is hereby amended and shall henceforth read as follows: Section PRIORITY OF LIEN. Liens created by the city and recorded in the public records shall remain liens coequal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid, and may be foreclosed pursuant to the procedures set forth in Fla. Stat. Ch SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the

22 City of Palm Bay, Florida Ordinance No Page 2 of 2 ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on June 6, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

23 MEMO TO: r and Members of City Council FROM: DATE: SUBJECT: Comprehensive Plan Amendment- City of Palm Bay The City of Palm Bay has submitted a request for a change to the Comprehensive Plan Future Land Use Map from Public/Semi-Public Use to Commercial Use on property located at the southwest corner of Palm Bay Road and Franklin Drive, and contains 1.84 acres, more or less. Staff Recommendation: Approval of the request. Planning and Zoning Board Recommendation: Unanimous approval of the request, with the condition that the service road identified on the plat remained in place. Ordinance No has been prepared for consideration at tonight's meeting. An ordinance of this type only requires one reading. If you should have any questions, please advise. tmj Attachments Case No. CP

24 ~ ThoCotyrJ ~ Florida ~!I!~Y COMPREHENSIVE PLAN AMENDMENT APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, no later than April 1st by 5:00 p.m. for spring amendments or October 1st by 5:00p.m. for fall amendments. Contact the Land Development Division at (321) to determine the schedule for public hearings. This application will be referred to the Local Planning Agency for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). Meetings will be held beginning at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAMEOFAPPLICANT(Typeorprint) Growth Management Department ADDRESS M a I a b a r R o a d S E CITY Palm Bay STATE Flor i da Z I P PHONE# (321) FAX# (321) ADDRESS watkid@palmbayflorida. org 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot 1, Block 4, Port Malabar Industrial Park, Plat Book 13, Page 104 SECT I 0 N -=2=--=2~ TOWN S HI P_--=2'--'8--=S=--o.::...:::.u--=-t..:...:.h R A N G E_--=3=-7:... E=--=a-=s-=t 3) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): :_ 1..:...:. -=- 8...:. 4--=a=--c=-=-- r -=e -=s 4) LAND USE CLASSIFICATION AT PRESENT OR PLAN SECTION AFFECTED (ex.: Commercial, Single Fam ily, Policy CIE-1.1 B, etc.): P u b I i c I S e m i P u b I i c U s e. 5) LAND USE CLASSIFICATION DESIRED OR PROPOSED TEXT CHANGE: Commercial Use 6) PRESENT USE OF THE PROPERTY: O_I_d _ F i _r _e_ S_t _a_t_i _o_n S_i_t_e 7) ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY: Y_ e_s 8) HAS A REZONING APPLICATION BEEN FILED IN CONJUNCTION WITH THIS APPLICATION: Yes, from IU to CC (I f no rezoning application is filed, the City must assume the maximum impact perm issible by the land use classification desired. Impacts to transportation facilities, water and sewer facilities, drainage, recreation facilities, and solid waste must be examined and justified before acceptance by the Florida Department of Community Affairs and the City of Palm Bay.)

25 CITY OF PALM BAY, FLORIDA COMPREHENSIVE PLAN AMENDMENT APPLICATION PAGE 2 OF 3 9) JUSTIFICATION FOR CHANGE (attach additional sheets containing supporting documents and evidence if necessary): See Staff Report. 10) SPECIFIC USE INTENDED F 0 R P R 0 P E RTY: C-=-o:..:...m::..:.m.:..::.e:..:... rc~ia=l--=d=-=e~ve::..:.lo.::..~p::..:.m.:..:.e::..:.n.:..:t 11) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE TH IS APPLICAT ION : N/A N/A N/A N/A N/A *$1,000 Application Fee. Make check payable to "City of Palm Bay." Property map showing adjacent properties and clearly outlining the subject parcel (for land use amendment(s)). A listing of legal descriptions (for land use amendments) of all properties within a 500 foot radius of the boundaries of the property covered by this application, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. (This can be obtained from the Brevard County Planning and Zoning Department at , or on the Internet at List shall be legible and the source of that information stated here: Sign(s) posted on the subject property. Refer to Section 51.07(C) of the Legislative Code for guidelines. Citizen Participation Plan (for land use amendments of more than five acres in size). Refer to Section of the Land Development Code for guidelines. 12) WHERE PROPERTY IS NOT OWNED BY THE APPLICANT, A LETTER MUST BE ATTACHED GIVING THE NOTARIZED CONSENT OF THE OWNER FOR THE APPLICANT TO REQUEST THE COMPREHENSIVE PLAN AMENDMENT.

26 CITY OF PALM BAY, FLORIDA COMPREHENSIVE PLAN AMENDMENT APPLICATION PAGE 3 OF 3 I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. / I UNDER PENAL TIES OF 'T I HAVE READ THE FOREGOING COMPREHENSIVE PLAN AM H E F CTS STATED IN IT ARE TRUE. Signature of Applicant Printed Name of Applicant David E. Watkins, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY

27 ~ The City of Florida PalmBay CITY OF PALM BAY A Perfect Place to Grow DATE: June 5, 2013 CASE#: CP LAND DEVELOPMENT DIVISION STAFF REPORT COMPREHENSIVE PLAN AMENDMENT APPLICATION PROPOSAL: A Comprehensive Plan Future Land Use Map Amendment is requested to change the use of land from Public/SemiPublic Use to Commercial Use. LOCATION: South of and adjacent to Palm Bay Road NE, at the southwest comer of Franklin Drive NE and Palm Bay Road NE. APPLICANT: City of Palm Bay Growth Management Department. SITE DATA PRESENT ZONING: LAND USE DESIGNATION: IU, Institutional Use District. Public/SemiPublic Use. ACREAGE: 1.84 acres, more or less. ADJACENT ZONING &LAND USE: N E S CC, Community Commerical; businesses. CC, Community Commerical; business. LI, Light Industry and Warehousing District; business. W -- CC, Community Commerical; vacant commercial. RM-10, Single-, Two- and Multiple Family Residential District; duplexes.

28 Case No. CP June 5, 2013 Page 2 BACKGROUND: 1. The site is at the southwest comer of Palm Bay Road NE and Franklin Drive NE. The specific legal description is Lot 1, Block 4, Port Malabar Industrial Park. The total area of the property is 1.84 acres, more or less. 2. The site is designated Public/SemiPublic Use on the Future Land Use Map. Commercial Use designations abut the site on the North and East, Industrial Use designation to the South and Commercial Use and Multiple Family Residential Use to the West.. 3. The current zoning is IU, Institutional Use District. Surrounding zoning is as follows: North- South - East - CC, Community Commerical. LI, Light Industry and Warehousing District. CC, Community Commerical. West- CC, Community Commercial District and RM-10, Single-, Two- and Multiple Family Residential District. 4. The applicant is the City of Palm Bay Growth Management Department. 5. The applicant is requesting an amendment to the City of Palm Bay Future Land Use Map in order to change the land use designation from Public/SemiPublic Use to Commercial Use. A rezoning has been requested from IU, Institutional Use District to CC, Community Commercial District. ANALYSIS: 1. The property contained in the request is presently developed with older buildings once used as the City's Fire Station #1. That station was moved to a new location on Port Malabar Boulevard. The City has plans to demolish the existing structures and to sell the property in the future. 2. The site is located on a major arterial roadway, Palm Bay Road NE and is near other commercial developments. 3. Impact on Level of Service (LOS) Standards Based on an analysis of the project, the proposed change will not cause level of service to fall below the standards adopted in the Comprehensive Plan for the current planning period for all facilities. Water and sewer service is required to be provided by the City of Palm Bay Utilities Department.

29 Case No. CP June 5, 2013 Page 3 4. Impact on Natural Systems The impact of the commercial use on the natural environment will be minimal since the site is developed at present. The applicant intends to demolish all structures at the site. The St. Johns River Water Management District Wetland Maps indicate that no wetlands exist on the property. The site is identified as Flood Zone X, outside ofthe 1 00-year flood zone. The site is not within scrub or scrubby flatwoods habitat and no Scrub Jays are known to exist onsite. No additional listed species are known to inhabit the site. 6. Land Use Consistency Palm Bay Road is extensively developed with commercial uses, making the proposed commercial development of the property consistent with nearby areas. A small segment of the property at the southwestern comer of the site abuts existing multiple family development. Because of the high intensity of the previous use (fire station), no additional issues are anticipated from the conversion to commercial development. 7. Consistency with the Policies and Objectives of the Comprehensive Plan The application appears to be consistent with the policies and objectives of the adopted Palm Bay Comprehensive Plan. STAFF RECOMMENDATION: A motion to approve Case CP as a Small Scale Future Land Use Map Amendment to the City of Palm Bay Comprehensive Plan.

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32 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, June 5, 2013, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Mr. Bob Williams called the meeting to order at approximately 7:00p.m. Mr. Williams led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRMAN: VICE CHAIRMAN: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: APPOINTEE: Bob Williams Nancy Domonousky Samuel Artley Mike Garrison Adam Hill Conroy Jacobs William Pezzillo Marty Piatkowski Mike Smith Joyce Norman Present Absent (Excused) Present Present Present Present Present Present Present Absent The absence of Ms. Domonousky was excused. CITY STAFF: Present were Mr. David Watkins, Growth Management Director; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. Nicholas Tsamoutales, City Attorney Emeritus. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Motion by Mr. Piatkowski, seconded by Mr. Pezzillo to approve the minutes as presented. The motion carried with members voting unanimously:

33 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes- June 5, 2013 Page 3 of 5 NEW BUSINESS: 1. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Watkins presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, Building Code, Section in order to revise Exhibit A, the City's administrative amendments to the Florida Building Code- Building, Chapter 1, Administration, to achieve consistency with the City's Floodplain Management Ordinance. T was prepared by staff. Mr. Watkins stated that the proposed amendment incorporated changes suggested by the State of Florida and the Federal Emergency Management Agency for consistency with the Florida Building Code and the National Flood Insurance Program. The changes would not affect how the City handled building permits. There were no comments from the audience and there were no letters in the file. Motion by Mr. Pezzillo, seconded by Mr. Hill to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, Building Code, Section in order to revise Exhibit A, the City's administrative amendments to the Florida Building Code - Building, Chapter 1, Administration, to achieve consistency with the City's Floodplain Management Ordinance. The motion carried with members voting unanimously. 2. CP CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT Mr. Watkins presented the staff report for Case CP The applicant had requested a Comprehensive Plan Future Land Use Map amendment from Public/Semi-Public Use to Commercial Use. Staff recommended Case CP for approval as a small scale Comprehensive Plan Future Land Use Map amendment. Mr. Watkins stated that the City's plan was to tear down the fire station on the subject site and sell the vacant property as commercial land. Mr. Piatkowski asked if the building had been considered for another City department to use. Mr. Watkins answered that the building was fairly old and would require extensive renovations. There was also an issue with asbestos.

34 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes- June 5, 2013 Page 4 of 5 Mr. Hill asked if the property could be cleared by the City and left as vacant Public/Semi-Public land for long-term consideration. Mr. Watkins explained that the City had no identified need for Public/Semi-Public land in that area. With the Harris Corporation expansion and commercial character of the surrounding area, the City believed the best action was to declare the property surplus, change the land use to commercial, and put the site up for sale. Mr. Jacobs asked about the broader fit of the proposal within the Comprehensive Land Use Plan. Mr. Watkins explained that the site's present land use designation was Public/Semi-Public Use, but with the cease of the fire station on the site the proposed commercial designation would be a better fit with the adjacent commercial lands to the north, east, and west. Mr. Hill remarked on how the property would be an improvement once cleared. He suggested a park, greenway access point, or some other use that would not impact the neighborhood. Mr. Watkins concurred that staff was against expanding the existing light industrial land use to the south further into the area. Mr. Dan Vestgard (owner of Palm Bay Power Equipment at Franklin Drive NE) voiced a concern regarding the access road/alley between the subject site and his property. He wanted assurance that his business would continue to have use of the road, and he wanted confirmation that his property was still zoned light industrial. Mr. Watkins confirmed that the service alley was a dedicated and platted service road/alley which the City had no plans to vacate. It was not part of the subject site or land use proposal, and would remain available to the public and adjacent businesses. He confirmed that the Palm Bay Power Equipment property was zoned Ll, Light Industrial. Mr. Vestgard would be provided a letter from staff confirming that the alley would not be vacated and that his mowing business had an Ll designation. He said that the proposed change would not affect Mr. Vestgard's business and that the City's intent was to market the subject site as a prime piece of propery on Palm Bay Road NE to add to the potential development of the area. There were no letters in the file. Motion by Mr. Hill, seconded by Mr. Pezzillo to submit Case CP to City Council for approval of a small scale Comprehensive Plan Future Land Use Map amendment from Public/Semi-Public Use to Commercial Use with the condition that the Service Road identified on the Plat remained in place. The motion carried with members voting unanimously.

35 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION , COMPREHENSIVE PLAN, SUBSECTION (D), ADOPTION OF FUTURE LAND USE MAP, BY AMENDING FUTURE LAND USE MAP SERIES NO.2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Palm Bay has designated the Planning and Zoning Board as its Local Planning Agency and said Local Planning Agency held an adoption hearing on an amendment to the Comprehensive Plan on June 5, 2013, after public notice, and WHEREAS, the City Council of the City of Palm Bay, pursuant to Chapter 163, Florida Statutes, held an adoption hearing on an amendment to the Comprehensive Plan on June 18, 2013, after public notice, and WHEREAS, the City Council of the City of Palm Bay desires to adopt said small scale amendment to the Comprehensive Plan of the City of Palm Bay. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The Comprehensive Plan of the City of Palm Bay, Brevard County, Florida, is hereby amended to provide for the change in land use of property from Public/Semi-Public Use to Commercial Use, which property is legally described as follows: Lot 1, Block 4, Port Malabar Industrial Park, according to the plat thereof as recorded in Plat Book 13, Page 104, of the Public Records of Brevard County, Florida; Section 22, Township 28S, Range 37E; containing 1.84 acres, more or less. SECTION 2. The Future Land Use Map Series Map No. 2 is hereby changed to reflect this amendment.

36 City of Palm Bay, Florida Ordinance No Page 2 of 2 SECTION 3. All staff report conditions and limitations shall be met and those conditions. and limitations shall be made a part of the Comprehensive Plan. Specifically: 1) The service road, as identified on the plat, shall remain in place. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby i repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 5. The provisions within this ordinance shall take effect thirty-one (31) days from the enactment date. Read in title only and duly enacted at Meeting No , held on ' ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK *Only one reading required per Florida Statutes, Chapter 163, Section (15). Reviewed by CAO: Applicant: Case No. : City of Palm Bay CP cc: (date) Applicant Case File

37 MEMO TO: FROM: DATE: SUBJECT: Rezoning Request- City of Palm Bay The City of Palm Bay has submitted an application to rezone property from IU (Institutional Use District) to CC (Community Commercial District) on property located at the southwest corner of Palm Bay Road and Franklin Drive, and contains 1.84 acres, more or less. Staff Recommendation: The request would appear to be consistent with the Commercial Use Future Land Use category. Planning and Zoning Board Recommendation: Unanimous approval of the request, with the condition that the service road identified on the plat remained in place. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. CPZ

38 ~"-~ ~ PalmBav A Perfect Place 1o Grow 'J Land Development Division 120 Malabar Road SE Palm Bay, FL Landdev@palmbayflorida.org REZONING APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) Growth Management Department ADDRESS 5240 Babcock Street NE, Suite 300 CITY Palm Bay STAT E Florida ZIP PHONE# (321) FAX # (321) ADDRESS watkid@palmbayflorida.org 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot 1, Block 4, Port Malabar Industrial Park, Plat Book 13, Page 104. SECT I 0 N--=2=2:... TOWN S HI P--=2::..:8=-S::..:o:...:u=th..:... R AN G E 37 East 3) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage):_1.:...:...8.::..._4.:...:..a:.:...:c:..:...re=-=s:... _ 4) ZONE CLASSIFICATION AT PRESENT (ex.: RS-2, CC, etc.)--=i...::.u 5) ZONE CLASSIFICATION DESIRED (ex.: IU, Ll, etc.):--=c=--=c:: _ 6) ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? _Y:...:e:...::.s 7) JUSTIFICATION FOR REZONING: Property is City Owned and will likely be sold 8) PRESENT USE OF THE PROPERTY:-...:.N..:..:o:..:.n.:..=e..:.... -=O:...:.Id=...:..._F.:..:...ire=-=S..:..:ta:.::ti-=-on:...:...:..:..#...: ::.s:..:..:ite:...:.. 9) I NTE N OED USE OF PROPERTY: :C::..:o::..:.m.:.::m:...:...:.::er:...::c::.:ia:..:..l.=.:us::..:e:..::S:... _ 10) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE THIS APPLICATION : N/A *$ Application Fee. Make check payable to "City of Palm Bay." X Property map showing adjacent properties and clearly outlining the subject parcel (for land use amendment(s)). Revision C: 1 0/08

39 CITY OF PALM BAY, FLORIDA REZONING APPLICATION PAGE 2 OF 2 X N/A N/A N/A A listing of legal descriptions of all properties within a 500 foot radius of the boundaries of the property covered by this application, together with the names and mailing addresses (including zip codes) of all respective property owners with in the above referenced area. (This can be obtained from the Brevard County Planning and Zoning Department at , or on the Internet at List shall be legible and the source of that information stated here : Sign(s) posted on the subject property. Refer to Section 51.07(C) of the Legislative Code for guidelines. WHERE PROPERTY IS NOT OWNED BY THE APPLICANT, A LETTER MUST BE ATTACHED GIVING THE NOTARIZED CONSENT OF THE OWNER FOR THE APPLICANT TO REQUEST THE REZONING. IN ORDER TO DISCLOSE ALL PARTIES SEEKING THIS APPROVAL, COMPLETE THE ATTACHED DISCLOSURES OF OWNERSHIP INTERESTS FORMS FOR PROPERTY OWNERS AND/OR APPLICANTS IN REFERENCE TO RESOLUTION I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Printed Name of Applicant David E. Watkins, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision C: 10/08

40 ~ The City of Florida DATE: CASE#: June 5, 2013 CPZ ~!~ CITY OF PALM BAY LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: LOCATION: APPLICANT: Rezoning is requested from IU, Institutional Use District to CC, Community Commercial District South of and adjacent to Palm Bay Road NE, at the southwest comer of Franklin Drive NE and Palm Bay Road NE. City of Palm Bay Growth Management Department. SITE DATA PRESENT ZONING: IU, Institutional Use District. ACREAGE: DENSITY: 1.84 acres. N/A. ADJACENT ZONING &LAND USE: N E s w -- CC, Community Commercial; businesses. CC, Community Commercial; businesses. LI, Light Industry and Warehousing District; business. CC, Community Commercial; vacant commercial. RM-10, Single-, Two- and Multiple Family Residential District; duplexes. WATER & SEWER: FLOOD ZONE: COMPLIANCE WITH THE COMPREHENSIVE PLAN: Palm Bay Utilities Department. Flood Zone X, not in theloo-year Flood Zone. Yes, subject to approval of Case CP

41 CASE NO. CPZ June 5, BACKGROUND: 1. The site is at the southwest corner of Palm Bay Road NE and Franklin Drive NE. The specific legal description is Lot 1, Block 4, Port Malabar Industrial Park. The total area of the property is 1.84 acres, more or less. 2. The current zoning is IU, Institutional Use District. Surrounding zoning is as follows: North - South- East - West - CC, Community Commercial District. LI, Light Industry and Warehousing District. CC, Community Commercial District. CC, Community Commercial District RM-10, Single-, Two- and Multiple Family Residential District. 3. The applicant is requesting to establish a CC, Community Commercial District zoning. ANALYSIS: 1. Case Number CP (previously heard) recommended approval of the Future Land Use Map amendment to Commercial Use. The land use designation is therefore consistent with the request for CC zoning. 2. The CC District would also appear to be in conformance with the surrounding area. The site abuts CC zoning on the north, east and west and abuts industrial zoning to the south. Access is Palm Bay Road or Franklin Drive. STAFF RECOMMENDATION: Case Number CPZ would appear to be consistent with the Commercial Use Future Land Use category.

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44 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, June 5, 2013, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Mr. Bob Williams called the meeting to order at approximately 7:00p.m. Mr. Williams led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRMAN: VICE CHAIRMAN: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: APPOINTEE: Bob Williams Nancy Domonousky Samuel Artley Mike Garrison Adam Hill Conroy Jacobs William Pezzillo Marty Piatkowski Mike Smith Joyce Norman Present Absent (Excused) Present Present Present Present Present Present Present Absent The absence of Ms. Domonousky was excused. CITY STAFF: Present were Mr. David Watkins, Growth Management Director; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. Nicholas Tsamoutales, City Attorney Emeritus. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Motion by Mr. Piatkowski, seconded by Mr. Pezzillo to approve the minutes as presented. The motion carried with members voting unanimously.

45 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes- June 5, 2013 Page 5 of 5 3. CPZ CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Watkins presented the staff report for Case CPZ The applicant had requested a zoning amendment from an IU, Institutional Use District to a CC, Community Commercial District. Case CPZ appeared to be consistent with the Commercial Use Future Land Use category. Mr. Watkins stated that the subject request did not include adjacent properties. There were no comments from the audience and there were no letters in the file. Motion by Mr. Pezzillo, seconded by Mr. Piatkowski to submit Case CPZ to City Council for approval of a zoning amendment from an IU, Institutional Use District to a CC, Community Commercial District with the condition that the Service Road identified on the Plat remained in place. The motion carried with members voting unanimously. OTHER BUSINESS: 1. Discussion regarding the board's handling of quasi-judicial cases occurred under Announcements, Item 2. Mr. Watkins added that an ordinance change was not required for the policy change in the proceedings. 2. Mr. Williams reminded the board to follow proper meeting protocol. ADJOURNMENT: The meeting was adjourned at approximately 7:47 p.m. Bob Williams, CHAIRMAN Attest: Chandra Powell, SECRETARY

46 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM IU (INSTITUTIONAL USE DISTRICT) TO CC (COMMUNITY COMMERCIAL DISTRICT); WHICH PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF PALM BAY ROAD AND FRANKLIN DRIVE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The Zoning Ordinance of the City of Palm Bay, Brevard County, Florida, is hereby amended to provide for the rezoning of property from IU (Institutional Use District)_ to CC (Community Commercial District), being legally described as follows: Lot 1, Block 4, Port Malabar Industrial Park, according to the plat thereof as recorded in Plat Book 13, Page 104, of the Public Records of Brevard County, Florida; Section 22, Township 28S, Range 37E; containing 1.84 acres, more or less. SECTION 2. The Zoning Map of the City of Palm Bay is hereby revised to reflect this amendment. SECTION 3. The provisions within this ordinance shall take effect immediately upon the enactment of Ordinance No Read in title only at Meeting No , held on, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

47 MEMO TO: ayor and Members of City Council FROM: DATE: SUBJECT: Textual Amendment- City of Palm Bay The City of Palm Bay has submitted an application for a textual amendment to the Code of Ordinances, Chapter 17 4, Floodplain and Stormwater Management, Subchapter 'Floodplain Management', in order to provide consistency with the Florida Building Code and to update references therein. Staff Findings: The amendment was prepared by City staff. Planning and Zoning Board Recommendation: Unanimous approval of the request. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. T

48 ~ The City ol Florido ~!!!IY TEXTUAL AMENDMENT APPLICATION Land Development Division 120 Malabar Road SE Palm Bay, FL This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) City of Palm Bay (Growth Management Department) ADDRESS 120 Malabar Road SE CITY Palm Bay STATE Florida ZIP ~~~ PHONE# (321) FAX# (321) ADDRESS PERSON(S) TO BE NOTIFIED (if different from above) ADDRESS C I TY S TAT E ZIP PH ONE # FAX # ADDRESS 2) ORDINANCE SECTION PROPOSED TO BE CHANGED: Chapter 174, Sections through , FLOODPLAIN MANAGEMENT 3) PROPOSED LANGUAGE (attach addendum if necessary):_s.=..e-=-e=-=at=ta:::..:c::..:...h=e...:::.d.:._. 4) JUSTIFICATION FOR PROPOSED CHANGE (attach other documents if necessary): See attached. 5) *A $1, APPLICATION FEE. MAKE CHECK PAYABLE TO "CITY OF PALM BAY." Revision D: 1 0/11

49 CITY OF PALM BAY, FLORIDA TEXTUAL AMENDMENT APPLICA PAGE 2 OF 2 N I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELl~ UNDER PENAL TIES OF P- Y, I ECLARE T I HAVE READ THE FOREGOING I TEXTUAL AMENDMENT A ICATIO A 1iHAT THE FAC SST TED IN IT ARE TRUE. Printed Name of Applicant David E. Watkins, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision 0 : 1 0/11

50 ~ The City of Florida CITY OF PALM BAY DATE: June 5, 2013 CASE#: T LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: A textual amendment is requested in order to amend the Land Development Code, Chapter 174: Sections through , FLOODPLAIN MANAGEMENT, in order to ensure consistency with the Florida Building Code and to update references therein. CODE CITATION: Section through Section LOCATION: Citywide. APPLICANT: City of Palm Bay Growth Management Department. COMPLIANCE WITH THE COMPREHENSIVE PLAN: Not specifically addressed.

51 CASE NO. T June 5, 2013 PAGE2 BACKGROUND: 1. A textual amendment is requested in order to amend the Land Development Code, Chapter 174: Sections through , FLOODPLAIN MANAGEMENT, in order to ensure consistency with the Florida Building Code and to update references therein. The proposed language is attached. 2. The proposed amendment was developed by the Growth Management Department. 3. The applicant for this request is the City of Palm Bay Growth Management Department. ANALYSIS: 1. The City proposes to modify the Floodplain Management Ordinance, Sections through , in order to ensure consistency with the Florida Building Code and to update certain references within the ordinance. 2. The Florida Building Code now includes references to floodplain protection and the State of Florida and the Federal Emergency Management Agency have recommended certain changes be made to local Floodplain Management Ordinances to ensure consistency between the Building Codes and the Floodplain Codes. 3. The most significant changes are contained in Section where accessory structures are now specifically addressed and in Section where a requirement to prepare a Conditional Letter of Map Revision is added. Both requirements have been standard policy but are required to be specifically addressed. 4. Minor changes are made throughout the ordinance to update references such as changes in department names and similar issues. STAFF FINDINGS: This amendment was prepared by City Staff.

52 PROPOSED LANGUAGE FLOODPLAIN MANAGEMENT: PART 1. GENERAL PROVISIONS TITLE. This subchapter shall be known as the "Floodplain Management Ordinance." STATEMENT OF PURPOSE. It is the purpose of this subchapter to promote the public health, safety and general welfare and to minimize public and private safety losses due to flood conditions in specific areas by provisions designed to: (A) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands OBJECTIVES. The objectives of this subchapter and the lands to which the article applies are as follows: (A) To protect human life and health; (B) To minimize expenditure of public money for costly flood control projects; (C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) To minimize prolonged business interruptions;

53 (E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (F) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; (G) To ensure that potential home buyers are notified that property is in a flood area; APPLICATION; FLOOD HAZARD INSURANCE MAPS AND DOCUMENTS ADOPTED BY REFERENCE. (A) The provisions of this subchapter shall apply to all lands within the jurisdiction of the city that are or will be depicted on the official flood insurance rate map (FIRM) and/or the flood hazard boundary map as being a floodway, flood fringe or coastal high hazard area or flood prone area. The official flood insurance rate map and/or the flood hazard boundary map, together with all explanatory matter thereon and attached thereto from time to time, is adopted by reference and declared to be part of this subchapter. (B) National Flood Insurance Program/ Community Rating System (NFIP/CR8) Coordinator's Manual, also known as the CRS Coordinator's Manual, together with all explanatory matter, thereon and attached thereto from time to time, is adopted by reference and declared to be part of this subchapter as the best management practices DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADDITION (TO AN EXISTING BUILDING). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this subchapter or a request for a variance. APPURTENANT STRUCTURE. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. This definition includes all accessory structures. AREA OF SHALLOW FLOODING. A designated AO and VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is predictable and indeterminate, and where velocity flow may be evident.

54 AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. BASE FLOOD. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. BASEMENT. That portion of a building having its floor subgrade below ground level on all sides. BREAKAWAY WALL. A wall that is not part ofthe structural support ofthe building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING. Any structure built for support, shelter, or enclosure for any occupancy or storage. COASTAL HIGH HAZARD AREA. The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-V30, VE or V. COMMUNITY RATING SYSTEM (CRS). A rating system created by the Federal Emergency Management Agency (FEMA) to provide a new incentive for activities that reduce flood losses and support the sale of flood insurance. Any community participating in the National Flood Insurance Program (NFIP) may apply for CRS classification in order to obtain flood insurance premium rate credits for its residents. The city has demonstrated that it is implementing floodplain management and public information activities that exceed the minimum requirements of the NFIP. DEVELOPMENT. Any manmade change, all new construction and substantial improvement of any kind, (i.e., residential, commercial, industrial and institutional), alteration, repair or reconstruction to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. ELEVATED BUILDING. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. EROSION. The process ofthe gradual wearing away of land masses. EXISTING CONSTRUCTION. Any structure for which the "start of construction" commenced before March 19, EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is was

55 completed before the effective date of the floodplain management regulations adopted by the city before March 19, EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING. (1) General and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation or runoff of surface waters from any source. (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual event that results in flooding as defined in division (1) above. FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard have been defined as Zone A or AE. FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. FLOODPLAIN. Any normally dry land area that is susceptible to being inundated by waters from any source. FLOODPROOFING. A combination of structural and/or nonstructural additions, changes or adjustments to properties or structures subject to flooding that will reduce or eliminate flood damages to properties, water, and sewer facilities, structures, or contents of buildings. FLOOD WAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

56 FLOOR. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. FUNCTIONALLY DEPENDENT FACILITY. A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor. HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. MANGROVE STAND. An assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one (1) or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus ere eta). MANUFACTURED HOME or MOBILE HOME. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, recreation vehicles, travel trailers, and similar transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property. MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this subchapter, the term is synonymous with National Geodetic Vertical Datum, 1929 (NGVD). NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the effective date of the first floodplain management ordinance, being Ord , passed March 19, The term also includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 19, 1987.

57 PROFESSIONAL ENGINEER (PE) IN THE UNITED STATES. A person who has achieved a registration through an examination process by which the State of Florida Board of Professional Engineers ffig Lieeasiag, (Department of Business and Professional Regulation) determines and certifies that person has achieved a minimum level of competence pursuant to Fla. Stat through This process protects the public by preventing unqualified individuals from offering engineering services. RECREATIONAL VEHICLE. (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGISTERED LAND SURVEYOR IN THE UNITED STATES. A person who has achieved a registration through an examination process by which the Department of Professioaal Regulatioa Agriculture and Consumer Services of the State of Florida determines and certifies that person to engage in the practice ofland surveying pursuant to Fla. Stat through This process protects the public by preventing unqualified individuals from offering topographie mapping and surveying services. SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SPECIAL FLOOD HAZARD AREAS (SFHAs). The areas shown on the Flood Insurance Rate Map (FIRM) which are within the one hundred (100) year boundary, which are termed SFHAs. A one hundred (1 00) year flood does not refer to a flood the occurs once every one hundred (1 00) years, but refers to a flood level with one percent (1%) or greater chance of being equalled or exceeded in any given year. START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L , includes substantial improvement, and means the date the building permit (or in the case of commercial projects the site plan approved) was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred and eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a

58 substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the structure, whether or not that alteration affects the external dimensions of the structure. STRUCTURE. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of the structure, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value ofthe structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement; or in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. For the purposes ofthis definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and are solely necessary to assure safe living conditions. SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities, and pads before the repair, reconstruction or improvement commenced. VARIANCE. A grant of relief from the requirements of this subchapter which permits construction in a manner otherwise prohibited by this subchapter where specific enforcement would result in unnecessary hardship. WATERCOURSE. Any natural or artificial stream, creek, channel, canal, waterway, gully, ravine, or wash in which water flows in a definite direction either continuously or intermittently and which has a definite channel, bed or bank ESTABLISHMENT OF FLOODPLAIN PERMIT. A floodplain permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities COMPLIANCE.

59 No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this subchapter and other applicable regulations ABROGATION AND GREATER RESTRICTIONS. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and other provisions conflict or overlap, whichever imposes the more stringent restrictions shall prevail INTERPRETATION. In the interpretation and application of this subchapter all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body, and; (C) Deemed neither to limit nor repeal any other powers granted under state statutes WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This subchapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder. FLOODPLAIN MANAGEMENT: PART 2. ADMINISTRATION DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The City Manager shall appoint a Floodplain Administrator to implement the elevation and floodproofing provisions of this subchapter, and to carry out such other duties as are assigned to him or her herein DUTIES AND RESPONSffiiLITIES OF FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator shall include, but not be limited to:

60 (A) Review all development permits to assure that the permit requirements of this subchapter have been satisfied. (B) Advise permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. (C) Notify adjacent communities and the Departm:eftt of Commooity Affairs Florida Division of Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (D) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished. (E) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with (B). (F) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with (B). (G) In coastal hazard areas, certification shall be obtained from a registered professional engineer that the structure is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (H) In coastal high hazard areas, the Floodplain Administrator in conjunction with the Building and ERgiReeriRg Divisions shall review plans for adequacy of breakaway walls in accordance with (E)(8). (I) When floodproofing is utilized for a particular structure, the Floodplain Administrator shall obtain certification from a registered professional engineer, in accordance with (B). (J) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator, ir eobjunetior with the ERgiReeriRg DivisioR, shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. (K) When base flood elevation data or floodway data have not been provided in accordance with , then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of (L) All records pertaining to the provisions of this subchapter shall be maintained in the office of the Floodplain Administrator and shall be open for public inspection.

61 (M) The Floodplain Administrator will be the city's liaison with FEMA matters relating to application and verification of the city's application with the Community Rating System (CRS) and National Flood Insurance Program (NFIP) PERMIT PROCEDURES. The floodplain permit application shall be made to the Growth Management Department, and may include, but not be limited to, the following plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location ofthe foregoing. Specifically, the following information is required: (A) Application stage. (1) Elevation in relation to mean sea level of all of the proposed floors (including basement) of all structures. (2) Provide two (2) surveys, signed and sealed by a professional land surveyor of the property showing elevations in relation to mean sea level at the following locations: (a) Four (4) comers, center, and any drastic changes in elevation of property; (b) Crown of road perpendicular to center of proposed structure. (3) Elevation in relation to mean sea level to which any nonresidential structure will be flood proofed. ( 4) Certificate from a professional engineer that the nonresidential floodproofed structure will meet the floodproofing criteria outlined by the Federal Emergency Management Agency Regulations. (B) Approval stage. (1) Provide two (2) Finished Construction Federal Emergency Management Agency/National Flood Insurance Program Elevation Certificates signed and sealed by a professional land surveyor. (2) Provide two (2) signed and sealed surveys of the property with elevations of existing and completed structures. (3) When floodproofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The elevation certificate in conjunction with the elevation survey shall be reviewed and approved by the Floodplain Administrator prior to issuance of a Certificate of Occupancy.

62 VARIANCES. The following shall be the procedure for requests for variances from the requirements of this subchapter: (A) The Floodplain Administrator, as established by the city, shall decide requests for variances from the requirements of this subchapter. (B) The Board of Adjustment City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this subchapter. (C) Any aggrieved party, including the city, may appeal a decision of the Board of Adjustment City Council or Floodplain Administrator to the Circuit Court. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the City Council Board ofadjustment. An appeal shall be filed within thirty (30) days of the date the Board of Adjustmeat City Council renders its decision. (D) Applications for a variance from the requirements of this subchapter must be submitted to the Floodplain Administrator. Variances will only be considered in the following situations as described below: (1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to procedures set forth in the remainder ofthis section, except for division (H)(1) and (4) below, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. (2) A variance may be issued for the construction of a structure where the facility is functionally dependent on being located near a waterfront. However, there must be compliance with this section. (3) The Floodplain Administrator may notify all property owners within five hundred (500) feet of the property on which a variance is being requested. The notification shall be by mail and shall present the facts of the variance request. However, failure to mail or receive such notice shall not affect any action or proceedings taken hereunder. Those property owners shall have thirty (30) days after notification to make their comments known to the Floodplain Administrator. At the end of thirty (30) days, the Floodplain Administrator shall act upon the variance request considering all comments and other criteria as set forth in this subchapter. (E) In passing upon such applications, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage;

63 (3) The susceptibility of the proposed facility and its contents to flood damage and the effect such damage may have on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (F) Upon consideration of the factors listed in division (E) above, and the purposes ofthis subchapter, the Floodplain Administrator may attach such conditions to the granting of variances as he deems necessary to further the purposes of this subchapter. (G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. The applicant shall be responsible to provide scientific proof that flood levels will not increase. Such proof shall be certified by a professional engineer registered in the state. A report must be submitted to the Floodplain Administrator with adequate hydrologic and hydraulic computations. The engineer must certify that there will be no increase in flood levels above the existing base flood elevation. (H) Conditions for variance. (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship; and, a determination that the granting of a variance will not result in increased flood heights, additional threats to public

64 safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) An applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ( 4) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request FLOODPLAIN DETERMINATION AND PERMIT FEES. Map determination fee and permit fees shall be collected at the time the required application package is submitted and will include the total cost of administration, management, engineering and inspection charges of the permitting process. Fees are as established by resolution pursuant to (A) Map determination fee. The Floodplain Administrator will provide the following written FIRM information requested: (1) Community Number; (2) Panel number and suffix; (3) Date of the FIRM's index; (4) FIRM Zone, (e.g., X, A, or AE); (5) Base flood elevation (if available); ( 6) A copy of the FIRM section. (B) Floodplain permit fee. As described in (A), Application stage, and (B), Construction stage, is as established by resolution pursuant to (C) Fees collected shall be used to offset the cost of the Floodplain Administrator's service and shall be allocated to provide an enhancement to the Growth Management Department's revenues. FLOODPLAIN MANAGEMENT: PART 3. FLOOD HAZARD REDUCTION GENERAL STANDARDS. In all areas of special flood hazard, the following provisions are required:

65 (A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. (C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (D) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, duct work and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, elevated no lower than one (1) foot above the level of the base flood elevation. (F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (I) Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this subchapter, shall meet the requirements of"new construction" as contained in this subchapter SPECIFIC STANDARDS. In all areas of special flood hazard \vhere base flood elevatioa data have beea provided, as set forth in or (K), the following provisions are required: (A) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, mechanical and utility equipment and duct work, elevated no lower than one (1) foot above the base flood elevation or eighteen (18) inches above the highest point of the road elevation perpendicularly in front of the center ofthe structure, whichever is the higher of the two. If a structure is located adjacent to two (2) or more roads, the reference elevation shall be the average of the two (2) major roads. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of division (C) below.

66 (B) Nonresidential construction and Acccessory Buildings. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, mechanical and utility equipment and duct work, elevated no lower than one (1) foot above the level ofthe base flood elevation or eighteen (18) inches above the highest point of the road elevation, whichever is higher. Structures located in all A zones may be flood proofed in lieu of being elevated provided that all areas, including mechanical and utility equipment and duct work, of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer shall certify that the standards of this division (B) are satisfied. Such certification shall be provided to the official as set forth in (B). (C) Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a professional engineer or meet the following minimum criteria: (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one ( 1) foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Electrical, plumbing, duct work and other utility connections shall be elevated no lower than one (1) foot above the base flood elevation. Elevations of such are to be shown on plans and will be verified prior to issuance of a Certificate of Occupancy. (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). ( 4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (D) Standards for manufactured homes and recreational vehicles. (1) All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring.

67 (2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: (a) The lowest floor including mechanical and utility equipment and duct work of the manufactured home is elevated no lower than twelve (12) inches above the level of the base flood elevation, or eighteen (18) inches above the highest point of the road elevation, whichever is higher of the two. (b) The manufactured home chassis is supported by reinforced piers or other foundation elements, of at least an equivalent strength, of no less than thirty-six (36) inches in height above grade. (c) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (d) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of this divisions (a) and (c) above. (3) (a) All recreational vehicles placed on sites must either: 1. Be fully licensed and ready for highway use; or 2. The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of divisions (1) or (2)(a) and (c) above. (b) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures. (E) Floodways. Located within areas of special flood hazard established in are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvement and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If division (D) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of and this section. (3) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home

68 may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of (B) and the elevation standards of division (A) above are met STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS. Located within the areas of special flood hazard established in , where small streams exist but where no base flood data have been provided or where no floodways have been provided, the flooding provisions apply: (A) No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to four (4) times the width of the stream at the top ofbank or twenty (20) feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (B) New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with (K) STANDARDS FOR SUBDIVISION PROPOSALS. The standards for subdivision proposals shall be as follows: (A) All subdivision proposals shall be consistent with the need to minimize flood damage; (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of 50 lots or five (5) acres. (E) All development in the floodplain that may increase or decrease the base flood elevations, due to a physical change affecting flooding condition, must conform to CFR A Conditional Letter of Map Revision (CLOMR) shall be submitted to FEMA for consideration of any physical changes in the Special Flood Hazard Area STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Located within the areas of special flood hazard established in are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths

69 of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. Therefore, the following provisions apply: (A) All new construction and substantial improvements of residential structured shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. (B) All new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor, including basement, elevated to two (2) feet above the highest adjacent grade; or (2) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy THROUGH RESERVED PENALTY. Violation of the provisions of the subchapter set forth in through , or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates those sections or fails to comply with any of their requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) per offense or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

70 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, June 5, 2013, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Mr. Bob Williams called the meeting to order at approximately 7:00p.m. Mr. Williams led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRMAN: VICE CHAIRMAN: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: APPOINTEE: Bob Williams Nancy Domonousky Samuel Artley Mike Garrison Adam Hill Conroy Jacobs William Pezzillo Marty Piatkowski Mike Smith Joyce Norman Present Absent (Excused) Present Present Present Present Present Present Present Absent The absence of Ms. Domonousky was excused. CITY STAFF: Present were Mr. David Watkins, Growth Management Director; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. Nicholas Tsamoutales, City Attorney Emeritus. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Motion by Mr. Piatkowski, seconded by Mr. Pezzillo to approve the minutes as presented. The motion carried with members voting unanimously.

71 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes- June 5, 2013 Page 2 of 5 ANNOUNCEMENTS: 1. Mr. Williams welcomed Mr. Conroy Jacobs to the board. 2. At the board's request Mr. Watkins explained a change in the board's quasi-judicial procedures. Per the City Attorney, formal ex parte communication disclosures were no longer required by the Planning and Zoning Board for each quasi-judicial case; however, board members should continue to disclose prior communications on cases during board hearings. Further discussion occurred under Other Business, Item 1. SCHOOL COORDINATION BUSINESS: There was no School Coordination Business. OLD BUSINESS: 1. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Watkins presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 174: Floodplain and Stormwater Management, Sections through , Floodplain Management, to provide consistency with the Florida Building Code and to update references within the Code. Case T was prepared by staff. Mr. Watkins stated that the proposed amendment was designed to conform to state statutes and federal guidelines and that no base elevations or fee changes were proposed. There were no comments from the audience and there were no letters in the file. Motion by Mr. Hill, seconded by Mr. Piatkowski to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 174: Floodplain and Stormwater Management, Sections through , Floodplain Management, to provide consistency with the Florida Building Code and to update references within the Code. The motion carried with members voting unanimously.

72 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 174, FLOODPLAIN AND STORMWATER MANAGEMENT, SUBCHAPTER FLOODPLAIN MANAGEMENT, BY PROVIDING CONSISTENCY WITH THE FLORIDA BUILDING CODE AND UPDATING REFERENCES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 1, General Provisions, Section , Application, Flood Hazard Insurance Maps and Documents Adopted by Reference, is hereby amended and shall henceforth read as follows: Section APPLICATION; FLOOD HAZARD INSURANCE MAPS AND DOCUMENTS ADOPTED BY REFERENCE. (A) The provisions of this subchapter shall apply to all lands within the jurisdiction of the city that are or will be depicted on the official flood insurance rate map (FIRM) and/or the flood hazard boundary map as being a floodway, flood fringe or coastal high hazard area or flood prone area. The official flood insurance rate map and/or the flood hazard boundary map, together with all explanatory matter thereon and attached thereto from time to time, is adopted by reference and declared to be part of this subchapter. (B) National Flood Insurance Program/ Community Rating System (NFIP/CRS) Coordinator's Manual, also known as the CRS Coordinator s Manual, together with all explanatory matter, thereon and attached thereto from time to time, is adopted by reference and declared to be part of this subchapter as the best management practices. * * * SECTION 2. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 1,

73 City of Palm Bay, Florida Ordinance No Page 2 of 6 General Provisions, Section , Definitions, is hereby amended and shall henceforth read as follows: Section DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. * * * APPURTENANT STRUCTURE. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. This definition includes all accessory structures. * * * EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is was completed before the effective date of the floodplain management regulations adopted by the city before March 19, * * * PROFESSIONAL ENGINEER (PE) IN THE UNITED STATES. A person who has achieved a registration through an examination process by which the State of Florida Board of Professional Engineers ing Licensing, (Department of Business and Professional Regulation) determines and certifies that person has achieved a minimum level of competence pursuant to Fla. Stat through This process protects the public by preventing unqualified individuals from offering engineering services. * * * REGISTERED LAND SURVEYOR IN THE UNITED STATES. A person who has achieved a registration through an examination process by which the Department of Professional Regulation Agriculture and Consumer Services of the State of Florida determines and certifies that person to engage in the practice of land surveying pursuant to Fla. Stat through This process protects the public by preventing unqualified individuals from offering topographic mapping and surveying services. * * * SECTION 3. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 2,

74 City of Palm Bay, Florida Ordinance No Page 3 of 6 Administration, Section , Duties and Responsibilities of Floodplain Administrator, as follows: Section DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator shall include, but not be limited to: * * * (C) Notify adjacent communities and the Department of Community Affairs Florida Division of Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. * * * (H) In coastal high hazard areas, the Floodplain Administrator in conjunction with the Building and Engineering Divisions shall review plans for adequacy of breakaway walls in accordance with (E)(8). * * * (J) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator, in conjunction with the Engineering Division, shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. * * * SECTION 4. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 2, Administration, Section , Variances, as follows: Section VARIANCES. The following shall be the procedure for requests for variances from the requirements of this subchapter: * * * (B) The Board of Adjustment City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this subchapter.

75 City of Palm Bay, Florida Ordinance No Page 4 of 6 (C) Any aggrieved party, including the city, may appeal a decision of the Board of Adjustment City Council or Floodplain Administrator to the Circuit Court. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the City Council Board of Adjustment. An appeal shall be filed within thirty (30) days of the date the Board of Adjustment City Council renders its decision. * * * SECTION 5. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 3, Flood Hazard Reduction, Section , Specific Standards, as follows: Section SPECIFIC STANDARDS. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in or (K), the following provisions are required: * * * (B) Nonresidential construction and Acccessory Buildings. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, mechanical and utility equipment and duct work, elevated no lower than one (1) foot above the level of the base flood elevation or eighteen (18) inches above the highest point of the road elevation, whichever is higher. Structures located in all A zones may be floodproofed in lieu of being elevated provided that all areas, including mechanical and utility equipment and duct work, of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer shall certify that the standards of this division (B) are satisfied. Such certification shall be provided to the official as set forth in (B). * * * SECTION 6. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Part 3, Flood Hazard Reduction, Section , Standards for Subdivision Proposals, as follows: Section STANDARDS FOR SUBDIVISION PROPOSALS. The standards for subdivision proposals shall be as follows: * * *

76 City of Palm Bay, Florida Ordinance No Page 5 of 6 (E) All development in the floodplain that may increase or decrease the base flood elevations, due to a physical change affecting flooding condition, must conform to CFR A Conditional Letter of Map Revision (CLOMR) shall be submitted to FEMA for consideration of any physical changes in the Special Flood Hazard Area. SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 8. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 9. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 10. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK

77 City of Palm Bay, Florida Ordinance No Page 6 of 6 Reviewed by CAO: Applicant: Case No.: City of Palm Bay T Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

78 MEMO TO: or and Members of City Council FROM: DATE: SUBJECT: Textual Amendment- City of Palm Bay The City of Palm Bay has submitted an application for a textual amendment to the Code of Ordinances, Chapter 170, Construction Codes and Regulations, Subchapter 'Building Code', in order to provide consistency with recent amendments to the Florida Management ordinance. Staff Findings: The amendment was prepared by City staff. Planning and Zoning Board Recommendation: Unanimous approval of the request. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. T

79 Land Development Division 120 Malabar Road SE Palm Bay, FL TEXTUAL AMENDMENT APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) City of Palm Bay (Growth Management Department) ADDRESS 120 Malabar Road SE CITY Palm Bay STATE Florida ZIP ~ PHONE# (321) FAX # (321) ADDRESS watkid@palmbayflorida.org PERSON(S) TO BE NOTIFIED (if different from above) _ ADDRESS CITY STATE ZIP PHONE# FAX # ADDRESS ) ORDINANCE SECTION PROPOSED TO BE CHANGED: Chapter 170, Section (1) BUILDING CODES 3) PROPOSED LANGUAGE (attach addendum if necessary): See attached. ~~==~~~ ) JUSTIFICATION FOR PROPOSED CHANGE (attach other documents if necessary): See attached. 5) *A $1, APPLICATION FEE. MAKE CHECK PAYABLE TO "CITY OF PALM BAY." Revision D: 1 0/11

80 CITY OF PALM BAY, FLORIDA TEXTUAL AMENDMENT APPLICA PAGE 2 OF 2 I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNDER PENALTIES OF PERJURY, I TEXTUAL AMENDMENT A ION A T I HAVE READ THE FOREGOING STATED IN IT ARE TRUE. Signature of Applican Printed Name of Applicant David E. Watkins, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision D: 1 0/11

81 DATE: June 5, 2013 CASE#: T CITY OF PALM BAY LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: A textual amendment is requested in order to amend the Land Development Code, Chapter 1 70, CONSTRUCTION CODES AND REGULATIONS: BUILDING CODES, Section (1), in order to ensure consistency with recent changes to the Floodplain Management Ordinance. CODE CITATION: Section (1). LOCATION: Citywide. APPLICANT: City of Palm Bay Growth Management Department. COMPLIANCE WITH THE COMPREHENSIVE PLAN: Not specifically addressed.

82 CASE NO. T June 5, 2013 PAGE2 BACKGROUND: 1. A textual amendment is requested in order to amend the Land Development Code, Chapter 170, CONSTRUCTION CODES AND REGULATIONS: BUILDING CODE, Section (1), in order to ensure consistency with recent changes to the Floodplain Management Ordinance. The proposed language is attached. 2. The proposed amendment was developed by the Growth Management Department. 3. The applicant for this request is the City of Palm Bay Growth Management Department. ANALYSIS: 1. The City proposes to modify the adopted Administrative Amendments to the Florida Building Code, adopted by reference through Section (I) of the Code of Ordinances, in order to ensure consistency with recent changes to the Floodplain Management Ordinance. The changes are adopted by reference in the ordinance as Exhibit A and entitled "Administrative Amendments to the Florida Building Code- Building, Chapter 1, Administration". 2. The additions are all new language for the Administrative Amendments. They relate to granting of variances and to issuing permits based on affidavits. The language is specifically recommended by the Florida Division of Emergency Management and the Federal Emergency Management Agency to ensure the Building Code and the Floodplain Ordinance are consistent. STAFF FINDINGS: This amendment was prepared by City Staff.

83 PROPOSED LANGUAGE Revisions to Exhibit A Administrative Amendments to the Florida Building Code- Building, Chapter 1, Administration Add a new Sec as follows: Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review reguests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction reguirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 116. Add a new Sec as follows: Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits. to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section , shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Add a new Sec. 116 as follows: 116 VARIANCES IN FLOOD HAZARD AREAS Flood hazard areas. Pursuant to section (5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

84 BUILDING CODE ADOPTED. (A) 2010 Florida Building Code- Building mandated by the State offlorida, and exclusive of Chapter 1 -Administration, is hereby recognized as the Building Code for the city. (B) 2010 Florida Building Code- Residential mandated by the State of Florida, and exclusive of Chapter 1 -Administration, is hereby recognized as the Residential Building Code for the city. (C) 2010 Florida Building Code- Plumbing mandated by the State offlorida, and exclusive of Chapter 1 - Administration, is hereby recognized as the Plumbing Code for the city. (D) 2010 Florida Building Code- Mechanical mandated by the State of Florida, and exclusive of Chapter 1 -Administration, is hereby recognized as the Mechanical Code for the city. (E) 2010 Florida Building Code- Fuel Gas mandated by the State offlorida, and exclusive of Chapter 1 -Administration, is hereby recognized as the Fuel Gas Code for the city. (F) 2010 Florida Building Code- Existing Building mandated by the State offlorida, and exclusive of Chapter 1 - Administration, is hereby recognized as the Existing Building Code for the city. (G) 2010 Florida Building Code- Accessibility mandated by the State of Florida is hereby recognized as the Accessibility Code for the city. (H) 2010 Florida Building Code- Energy Conservation mandated by the State offlorida is hereby recognized as the Energy Conservation Code for the city. (I) The city's administrative amendments to the Florida Building Code- Building, Chapter 1, Administration, are hereby adopted, and by reference, incorporated herein as Exhibit A and made a part of this section as if fully set forth herein. ('74 Code, 8-13(a)) (Ord. 73-9, passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord. 82-2, passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed )

85 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, June 5, 2013, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Mr. Bob Williams called the meeting to order at approximately 7:00p.m. Mr. Williams led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRMAN: VICE CHAIRMAN: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: APPOINTEE: Bob Williams Nancy Domonousky Samuel Artley Mike Garrison Adam Hill Conroy Jacobs William Pezzillo Marty Piatkowski Mike Smith Joyce Norman Present Absent (Excused) Present Present Present Present Present Present Present Absent The absence of Ms. Domonousky was excused. CITY STAFF: Present were Mr. David Watkins, Growth Management Director; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. Nicholas Tsamoutales, City Attorney Emeritus. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Motion by Mr. Piatkowski, seconded by Mr. Pezzillo to approve the minutes as presented. The motion carried with members voting unanimously.

86 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes- June 5, 2013 Page 3 of 5 NEW BUSINESS: 1. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Watkins presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, Building Code, Section in order to revise Exhibit A, the City's administrative amendments to the Florida Building Code- Building, Chapter 1, Administration, to achieve consistency with the City's Floodplain Management Ordinance. T was prepared by staff. Mr. Watkins stated that the proposed amendment incorporated changes suggested by the State of Florida and the Federal Emergency Management Agency for consistency with the Florida Building Code and the National Flood Insurance Program. The changes would not affect how the City handled building permits. There were no comments from the audience and there were no letters in the file. Motion by Mr. Pezzillo, seconded by Mr. Hill to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, Building Code, Section in order to revise Exhibit A, the City's administrative amendments to the Florida Building Code - Building, Chapter 1, Administration, to achieve consistency with the City's Floodplain Management Ordinance. The motion carried with members voting unanimously. 2. CP CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT Mr. Watkins presented the staff report for Case CP The applicant had requested a Comprehensive Plan Future Land Use Map amendment from Public/Semi-Public Use to Commercial Use. Staff recommended Case CP for approval as a small scale Comprehensive Plan Future Land Use Map amendment. Mr. Watkins stated that the City's plan was to tear down the fire station on the subject site and sell the vacant property as commercial land. Mr. Piatkowski asked if the building had been considered for another City department to use. Mr. Watkins answered that the building was fairly old and would require extensive renovations. There was also an issue with asbestos.

87 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 170, CONSTRUCTION CODES AND REGULATIONS, SUBCHAPTER BUILDING CODE, SECTION , ADOPTED, BY AMENDING THE CITY S ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE - BUILDING, CHAPTER 1, ADMINISTRATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 170, Construction Codes and Regulations, Subchapter Building Code, Section , Adopted, Subsection (I), is hereby amended and shall henceforth read as follows: Section ADOPTED. * * * (I) The city's administrative amendments to the Florida Building Code - Building, Chapter 1, Administration, are hereby adopted, and by reference, incorporated herein as Exhibit A ( ) and made a part of this section as if fully set forth herein. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention.

88 City of Palm Bay, Florida Ordinance No Page 2 of 3 SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2013; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

89 City of Palm Bay, Florida Ordinance No EXHIBIT A ADMINISTRATIVE AMENDMENTS TO FLORIDA BUILDING CODE - BUILDING CHAPTER 1 ADMINISTRATION Underlined text is the City s administrative amendments to the Florida Building Code Building Remaining text is the Florida Building Code, as currently written. SECTION 101 GENERAL Title. These regulations shall be known as the Florida Building Code hereinafter referred to as "this code." Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures as herein amended by this jurisdiction. Exceptions: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code Unsafe Buildings shall be abated as prescribed in the Palm Bay Code of Ordinances Appendices. Provisions in the appendices shall not apply unless specifically adopted Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. A-1

90 City of Palm Bay, Florida Ordinance No Permitting, Plan Review and Inspection. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no Building Division employee shall be liable in tort for damages from such conditions, in accordance with Section (9) (a), Florida Statutes, as may be amended Referenced codes. The other codes listed in Sections through and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, airconditioning and refrigeration systems, incinerators and other energy-related systems Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system Property maintenance. Reserved Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building Manufactured buildings. For additional administrative and special code requirements, see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C. A-2

91 City of Palm Bay, Florida Ordinance No SECTION 102 APPLICABILITY General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) government. (b) (c) (d) Building and structures specifically regulated and preempted by the federal Railroads and ancillary facilities associated with the railroad. Nonresidential farm buildings on farms. Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part V (Section , Florida Statutes ) relating to accessibility by persons with disabilities and permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by the jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section , Florida Statutes, which are directly involved in the generation, transmission or distribution of electricity. (g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut A-3

92 City of Palm Bay, Florida Ordinance No that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing or other nonwood features In addition to the requirements of Section and , Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound, meeting the wind speed requirements of the new location and is in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. At its own option, each enforcement district or local enforcement agency may promulgate rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: 1. Addition, alteration or repair performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m 2 ) or the square footage of the primary structure, whichever is less. A-4

93 City of Palm Bay, Florida Ordinance No Addition, alteration or repairs by a nonowner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. 3. Building and inspection fees. Each code exemption, as defined in this section, shall be certified to the local board 10 days prior to implementation and shall be effective only in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply Partial invalidity. Reserved Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public Relocation of manufactured buildings. 1. Relocation of an existing manufactured building does not constitute an alteration. 2. A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable Rules of Construction The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction and definitions set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the administration of the A-5

94 City of Palm Bay, Florida Ordinance No jurisdiction may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control Delegation of authority. Whenever a provision appears requiring the building official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the building official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise Month. The word "month'' shall mean a calendar month Shall, may. The word "shall'' is mandatory; "may'' is permissive. The word "shall'' takes precedence over "may.'' Written or in writing. The term "written'' or "in writing'' shall be construed to include any representation of words, letters or figures whether by printing or otherwise Year. The word "year'' shall mean a calendar year, unless a fiscal year is indicated Interpretation. Interpretations of this chapter shall be made by the building official Words Defined Abandon or abandonment. (1) Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previous approved inspection. Appraised value. For the purpose of this section, appraised value is defined as either (1) one hundred and twenty (120) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser. Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. Basic Wind Speed Line. The basic wind speed line for the jurisdiction shall be as established by the wind speed contour map attached to, and made part of, this chapter if applicable. Board. The appropriate City Board of Adjustment and Appeals, unless otherwise specifically stated. Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system. A-6

95 City of Palm Bay, Florida Ordinance No Building system. A functionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechanical systems of a building. Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. Certificate of Completion (C.of C.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the completion of a building. Change of occupancy. A change from one Building Code occupancy classification or sub classification to another. Commercial building. Any building, structure, improvement or accessory thereto, other than a one- or two-family dwelling. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level. Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or Due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: Or The condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant. Intensification of use. An increase in capacity or number of units of a residential or commercial building. Permit. An official document authorizing performance of a specific activity regulated by this chapter. Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. Site: The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, de-watering, pilings and soil testing activities. SECTION 103 DEPARTMENT OF BUILDING SAFETY Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. A-7

96 City of Palm Bay, Florida Ordinance No Restrictions on employees. An officer or employee connected with the division, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the making of plans or of specifications thereof, within the jurisdiction of the department, unless he is the owner of such. which is inconsistent with his duties or conflict with the interest of the division. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code Applications and permits. Reserved Notices and orders. Reserved Inspections. Reserved Identification. Reserved Right of entry Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code Department records. The Building Official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection Liability. Any officer or employee, or member of the Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any A-8

97 City of Palm Bay, Florida Ordinance No act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provisions of this code shall be defended by the department of law until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health, and welfare of the public Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official Modifications. Reserved Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section A-9

98 City of Palm Bay, Florida Ordinance No SECTION 105 PERMITS Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated Food permit. As per Section , Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. A-10

99 City of Palm Bay, Florida Ordinance No Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. device. 8. The installation, replacement, removal or metering of any load management control Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes Public service agencies. Reserved Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section (5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the latest edition of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. A-11

100 City of Palm Bay, Florida Ordinance No Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility If a state university, state community college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code No permit may be issued for any building construction, erection, alteration, modification, repair or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50, Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II or Contractor IV, certified under Section , Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-, two-, three or fourfamily structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $50,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. A-12

101 City of Palm Bay, Florida Ordinance No Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single 3-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. It therefore could not be designed by a mechanical or air conditioning contractor. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total airconditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section , Florida Statutes Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies or federal agencies." A building permit for a single-family residential dwelling must be issued within 30 working days of application therefor unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section and , Florida Statutes Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows A-13

102 City of Palm Bay, Florida Ordinance No you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having jurisdiction over the street, alley or public lane Conditions of the permit Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced If work has commenced and the permit is revoked, becomes null and void or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is A-14

103 City of Palm Bay, Florida Ordinance No commenced. Failure to obtain an approved inspection within 180 days of the previous approved inspection shall constitute suspension or abandonment.. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Permits issued for the demolition of a structure shall expire sixty (60) days from the date of issuance. For a justifiable cause, one (1) extension of time for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project Notice of commencement. As per Section , Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section , Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law Certificate of protective treatment for prevention of termites. A weather-resistant jobsite posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have A-15

104 City of Palm Bay, Florida Ordinance No been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. SECTION 106 CONSTRUCTION DOCUMENTS Submittal documents. Construction documents, a statement of special inspections and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required by the statutes. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape architect registered under the laws of this state regulating the practice of landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal to said drawings, specifications and accompanying data as defined in Section (6)(a)(b)(c)(d), FS Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section ). A-16

105 City of Palm Bay, Florida Ordinance No Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires Quality of building plans. The building official may establish through departmental policy, standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management, such as Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium Hazardous occupancies. The building official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored Means of egress. Reserved Exterior wall envelope. Reserved Site plan. Reserved Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. A-17

106 City of Palm Bay, Florida Ordinance No Exceptions: 1. Building plans approved pursuant to Section (5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate design and inspection professionals and which contain adequate inhouse fire departments and rescue squads is exempt, subject to local government option, from review of plans and inspections, providing owners certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned Phased approval. Reserved Design professional in responsible charge. Reserved General. Reserved Deferred submittals. Reserved Certifications by contractors authorized under the provisions of Section (4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the windresistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; and all exterior elevations: A-18

107 City of Palm Bay, Florida Ordinance No Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines determined. 2. Occupancy group and special occupancy requirements shall be 3. Minimum type of construction shall be determined (see Table 503). components: 4. Fire-resistant construction requirements shall include the following Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Preengineered systems Riser diagram Same as above requirements: 6. Life safety systems shall be determined and shall include the following Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs A-19

108 City of Palm Bay, Florida Ordinance No Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts A-20

109 City of Palm Bay, Florida Ordinance No Electrical Plumbing 13. Swimming pools: Barrier requirements Spas Wading pools 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps A-21

110 City of Palm Bay, Florida Ordinance No Mechanical Gas 12. Environmental requirements 13. Plumbing riser 1. Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances A-22

111 City of Palm Bay, Florida Ordinance No Demolition 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 1. Asbestos removal Residential (one- and two-family) 1. Site requirements Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required) 7. Accessibility requirements: show/identify accessible bath Manufactured / Mobile Homes 1. Site requirements setback/separation (assumed property lines) location of septic tanks (if applicable) 2. Structural wind zone anchoring blocking 3. Plumbing List potable water source and meter size (if applicable) A-23

112 City of Palm Bay, Florida Ordinance No Exemptions. 4. Mechanical Exhaust systems clothes dryer exhaust kitchen equipment exhaust 5. Electrical exterior disconnect location Plans examination by the building official shall not be required for the following work: etc. 1. Replacing existing equipment such as mechanical units, water heaters, 2. Reroofs 3. Minor electrical, plumbing and mechanical repairs 4. Annual maintenance permits 5. Prototype plans Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver. 6. Manufactured buildings plan except for foundations and modifications of buildings on site Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by Florida Statutes Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the A-24

113 City of Palm Bay, Florida Ordinance No technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. SECTION 107 TEMPORARY STRUCTURES AND USES General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section , shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 FEES Prescribed fees. A permit shall not be issued until fees authorized under Section , Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems has been paid Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority Types of Fees Enumerated. Fees may be charged for but not limited to the following: A-25

114 City of Palm Bay, Florida Ordinance No Permits; Plans examination; Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); Re-inspections; Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); Variance requests; Administrative appeals; Violations; and Other fees as established by local ordinance Building permit valuations. If, in the opinion of the building official, the claimed valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates, and/or bona fide signed contracts (excluding land value) to meet the approval of the building official. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, normal site work (excavation and backfill for buildings), architectural and design fees, marketing costs, overhead and profit; excluding only land value. Valuation references may include the latest published date of national construction cost analysis services (Marshall-Swift, Means, etc.) or as published by International Code Congress bi-annually Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing Related fees. Reserved Refunds. Reserved. SECTION 109 INSPECTIONS General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall A-26

115 City of Palm Bay, Florida Ordinance No be liable for expense entailed in the removal or replacement of any material required to allow inspection Manufacturers and fabricators. When deemed necessary by the building official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes Inspection service. The building official may make, or cause to be made, the inspections required by 109. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, Qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed Required inspections. The building official upon notification from the permit holder or his or her agent, shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: Stem-wall Monolithic slab-on-grade Piling/pile caps Footers/grade beams 1.1. Slab Inspection: To be made after the reinforcement is in place, all concealed conduit, piping, ducts and vents are installed and the electrical, plumbing and mechanical work is complete. Slab shall not be poured until all required inspections have been made and passed. 2. Framing inspection. To be made after the roof, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: Window/door framing and installation Vertical cells/columns Lintel/tie beams Framing/trusses/bracing/connectors (including truss layout & Engineered drawings) Draft stopping/fire blocking Curtain wall framing A-27

116 City of Palm Bay, Florida Ordinance No Energy insulation Accessibility. Verify rough opening dimensions are within tolerances Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. 2.2 Gypsum board nailing inspection 3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: Roof sheathing Wall sheathing Sheathing fasteners Roof/wall dry-in. 4. Roofing inspection. To be made as two inspections and shall at a minimum include the following building components: Dry-in Insulation Roof coverings (including In Progress) Flashing 5. Final inspection. To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. Underground electric inspection. Underground plumbing inspection including a pressure test Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section Demolition inspections. First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. 8. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building A-28

117 City of Palm Bay, Florida Ordinance No to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section ). 9. Where impact-resistant coverings are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact-resistant coverings to determine the following: The system indicated on the plans was installed. The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. A-29

118 City of Palm Bay, Florida Ordinance No Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means Footing and foundation inspection. Reserved Concrete slab and under-floor inspection. Reserved Reinforcing steel and structural frames. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section , Section or Section , specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector Threshold building The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior A-30

119 City of Palm Bay, Florida Ordinance No to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under s (7), may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect Each enforcement agency shall require that, on every threshold building: The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section (3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section (3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. A-31

120 City of Palm Bay, Florida Ordinance No The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section , Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section (5), Florida Statutes, are in addition to the minimum inspections required by this code Energy efficiency inspections. Reserved Other inspections. Reserved Special inspections. Reserved Final inspection. Reserved Inspection agencies. Reserved Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. A-32

121 City of Palm Bay, Florida Ordinance No A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter The type of construction as defined in Chapter The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 111 SERVICE UTILITIES Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to A-33

122 City of Palm Bay, Florida Ordinance No taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 112 BOARD OF APPEALS RESERVED SECTION 113 VIOLATIONS Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor of the second degree. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued. Upon conviction of any such violation such person shall be punished within the limits as provided by law and local ordinance. SECTION 114 STOP WORK ORDER Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT RESERVED A-34

123 City of Palm Bay, Florida Ordinance No SECTION 116 VARIANCES IN FLOOD HAZARD AREAS Flood hazard areas. Pursuant to section (5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. A-35

124 MEMO TO: FROM: or and Members of City Council e, City Clerk DATE: June 18, 2013 SUBJECT: Ordinance No , Youth Advisory Board The above ordinance was presented to Council at the last regular Council meeting for first reading. It amends Ordinance No to provide that students from any of the public schools can be members of the Youth Advisory Board. At this time, the ordinance has been placed on hold for further review by the members of the Youth Advisory Board. If you should have any questions, please advise. Aip

125 City of Palm Bay, Florida BOARD AND COMMITTEE REPORTS: Greater Palm Bay Chamber of Commerce ARE THERE ANY CITY APPOINTED BOARDS OR COMMITTEES IN ATTENDANCE THAT WOULD LIKE TO MAKE A REPORT TO COUNCIL AT THIS TIME? CITY COUNCIL REPORTS: Brevard Water Supply Board American Red Cross Space Coast Transportation Planning Organization Space Coast League of Cities Tourist Development Council Palm Bay Hospital Board

126 The City of ~ Florida ~!!JY I TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Members o Susan Hann, P.E., City Manager Dave Watkins, Growth Management Di Bobbye Marsaia, Purchasing Manager Yvonne McDonald, Finance Director June 18, 2013 'B'"t"'"rr- rr~q.,_ u f)jro)..p :40:08 -Q4'00' Award of Invitation to Bid for NSP Replacement Project ITB # /SB, 433 Capeador Street NW v , This project is another phase of the Neighborhood Stabilization Program (NSP), a grant which was awarded to the City of Palm Bay through the Department of Housing and Urban Development for the purpose of purchasing, rehabilitating, rebuilding and reselling foreclosed properties. This new home will be located at 433 Capeador Street NW and is being constructed to replace a home purchased and demolished as part of the program at that same location. Bids for these projects were opened on May 22, The tabulation spreadsheet attached identifies each project by bid number and location. It is recommended that award be made to the lowest qualified responsive and responsible bidder, Smith Development and Construction, Inc., located in Merritt Island. This contractor has previously constructed eight new homes under the City's Neighborhood Stabilization Program. All homes were completed in a timely and satisfactory manner. The City's Local Preference Resolution does not apply to these projects as they are all federally funded. FISCAL IMPACT: The total cost for the one (1) NSP Replacement project is $114,800, which will be funded through the balance available in the Neighborhood Stabilization Program. RECOMMENDATION: Motion to award the NSP Replacement Project to Smith Development and Construction in Merritt Island, Florida. BM/tjl Attachment: 1) Tabulation Sheet K:\Management\Lefler\AgendaltemsWune \tTB SB N SPReptacement433CapeadorStNW. doc

127 RFP # NSP Replacement Home - Archangel Engineering & Armstrong Custom Homes, Hartnett Building Group Smith Development & 433 Capeador St NW Construction Inc Inc LLC JJ's Design & Construction Parkit Construction Inc Construction, Inc. 525 Gus Hipp Blvd 7350 Talona Dr Ste A 6024 Santa Margarito Drive 1783 Hazelton St NW PO Box N. Courtenay Pkwy. #107 Rockledge FL West Melbourne FL Fort Pierce FL Palm Bay FL West Melbourne FL Merritt Island, FL I I I I ITEM ITEM DESCRIPTION UOM QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price NSP Replacement Single Family 1 Home per plans I specs 1 LS $ 145, $ 145, $ 134, $ 134, $ 126, $ 126, $ 110, $ 110, $ 157, $ 157, $ 111, $ 111, Obtain Raised Seal Plans 1 LS $ $ $ $ $ $ $ $ $ $ $ $ Bond Costs (Performance, Labor & 3 Materials) 1 LS $ 3, $ 3, $ 3, $ 3, $ 1, $ 1, $ 5, $ 5, $ 5, $ 5, $ 3, $ 3, I TOTAL BASE PROPOSAL $ 148, I $ ~ $ 128, $ 116, $ 163, $ 114,800.00

128 LEGISLATIV 0 NDU The City of ~ Florida ~!~ TO: FROM: Honorable Mayor and Members Susan Hann, P.E., City Manager unci I REQUESTING DEPT: DATE: RE: James Stables, Fire Chief Doug Muldoon, Police Chief Bobbye Marsala, Purchasing Manager Oi gita lly~byj.ames R.Stables Jam e DN : cn, ~mes R. S tojbln,~ ire-~ue. ~tyof Palmhy, 4t:.-r.A&- ::B"t»-"":1 ~.,c... Yvonne McDonald, Finance Director n.,j.j ~Jf ' 16:25:09 June 18, 2013 v - 04 'oo :0;,~~:::=:: """' Authorization to Purchase Mobile Radios for the Fire and Police Departments from Communications International, Brevard County Master Contract #Ci Staff is requesting authorization to purchase portable radios for the Fire and Police Departments that will replace front-line portable radios. This is the first year of a multi-year project to replace mobile radios that have exceeded their projected service life and are no longer able to be upgraded or repaired. Pricing is in accordance with Brevard County Master Contract #Ci FISCAL IMPACT: The projected total expenditure for this project is $199, of which $87, is for the Fire Department's radios and $112, is for the Police Department's radios. These funds will be available upon Council's approval of the second reading of the fifth budget amendment. The fifth budget amendment was approved on first reading on June 6, RECOMMENDATION: Motion to approve the purchase of portable radios from Communications International, Vero Beach, Florida, subject to approval of the fifth budget amendment. BM/JS/tjl Attachments: 1) Communications International Cost Proposal for Police Radios 2) Communications International Cost Proposal for Fire Radios K:\Management\Lefler\Agenda ltems\june \communicationslnternationa1police&f iremobileradios. doc

129 Cl COMMUNICATIONS INTERNATIONAL 4045 Pines Industrial Avenue Rockledge, FL Voice: Fax: QUOTATION Page 1/2 Date 6/3/2013 Quote Number QTE Bill To Palm Bay Police Dept Attn: Robin Renkens 130 Malabar Road S.E. Palm Bay, FL, USA Site Contact Palm Bay Police Dept Attn: Robin Renkens 130 Malabar Road Palm Bay, FL, USA Fran Self Voice: Fax: -- S~e Number Description Salesperson Reference PAL130MAIN P7350 Portable Radios 38 ea Tewell, Edgar B FlY 2013 Purchase Description Qty Unit Sale Price Total Billing MAEVS7HXX - Scan Portable P7350, Mhz Each 1, , MAEVNPL3R - Feature. Maximum (1 024+) Systems/Groups Each MAEVNPL7G - Feature,ESKIP25 Personality Lock Each , MAEVNPL3V - Feature, ES Encryption Each , MAEVNPA9Y- Battery,Li-lon,2000mAH Each , MAEVPKG PT - Feature Package, P25 Trunking - INCLUDES: Provoice and EDACS Trunking per RCE Special One Time only Pricing per MBP# Not Valid After 6/28/ Each 1, , MAEVNNC5X - Antenna, MHz, 1/4 Wave V\lhip Each , MAEVNHC2G- Belt Clip, Standad Each MAEVN CH9T - Charger. Single, Tri-Chemistry Each , V2S2ER Storm Speaker Mic, P5300/P Each , V Earphone kit, 2.5mm Right Angle Plug Coil Cord 30" Each , Program. Portable Scan Each , Shipping and Handling 1.00 EA

130 CJ COMMUNICATIONS INTERNATIONAL 4045 Pines Industrial Avenue Rockled~e. FL Voice: Fax: Page Date Quote Number QUOTATION 2/2 6/3/2013 QTE Description ALLOW 8-10 WEEKS DELIVERY ARO Qty Unit Sale Price Total Shipping and Handling is Estimated Only Budgetary Only Pricing Based on Brevard County MASTER CONTRACT # Ci Prices quoted are valid for ( 30 ) Days from Document Date. Orders may be subj ect to shipping & handling charges. All warranties are manufacture's warranties. Plus Tax Total Due (USD) Subtotal: 112, , Please complete the details below and fax or them to us. D Purchase Order Number D Credit Card D Visa Card No. Cardholde(s Name D Mastercard D Bankcard D Cheque 4450 US Highway 1 Vero Beach, FL, 32967, USA Exp. Date Please place my order now Name Signature By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications lnt'l. Inc.'s Terms and Conditions of Sale Service and Technical Support.

131 Cl COMMUNICATIONS INTERNATIONAL 4045 Pines Industrial Avenue RockledQe, FL Voice: Fax: QUOTATION Page 1/2 Date 6/6/2013 Quote Number QTE Bill To Palm Bay Fire Department Attn: Joy Barnett 899 Carlyle Avenue S.E. Palm Bay, FL, USA Site Contact Palm Bay Fire Department Attn: Joy Barnett 899 Carlyle Avenue S.E. Palm Bay, FL, USA Scott Lunden Voice: Fax: -- Site Number Description Salesperson Reference PAL120MAIN XG-75 Portable Radios Tewell, Edgar B Budget Planning FlY 2013 Description Qty Unit Sale Price Total Billing EVXGPB78B- Portable XG-75, MHz, Scan, Black Each 1, , MAEVNPL3R- Feature, Maximum (1 024+) Systems/Groups Each MAEVNPL7G- Feature,ESKIP25 Personality Lock Each , EVPL4U - Single-Key DES Encryption Each MAEVPKGPT- Feature Package, P25 Trunking - NCLUDES: Provoice and EDACS Trunking per RCE Special One Time only Pricing per MBP# Not Valid After 6/28/ Each 1, , MAEVPKGMR - Option, Immersible Radio Operation Each , MAEVNPA9Y- Battery,Li-lon,2000mAH (BT ) Each , MAEVNNC5X- Antenna, MHz, 1/4 Wave VI/hip (KRE ) Each V2S2ER Storm Speaker Mic, P5300/P Each , Program, Portable Scan Each Shipping and Handling 1.00 Each

132 cl COMMUNICATIONS INTERNATIONAL 4045 Pines Industrial Avenue Rockledge, FL Page Date QUOTATION 2/2 6/6/2013 Voice: Fax: Quote Number QTE Description Qty Unit Sale Price Total Belt Clips Not Included ALLOW 8-10 WEEKS DELIVERY ARO Shipping and Handling is Estimated Only Budgetary Only Pricing Based on Brevard County MASTER CONTRACT #Ci Prices quoted are valid for ( 30) Days from Document Date. Orders may be subject to shipping & handling charges. All warranties are manufacture's warranties. Plus Tax Total Due (USD) Subtotal: 87, , Please complete the details below and fax or them to us. 0 Purchase Order Number Please place my order now 0 Credit Card D Visa Card No. Cardholder's Name D Mastercard D Bankcard D Cheque 4450 US Highway 1 Vero Beach, FL, 32967, USA Exp. Date Name Signature By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications lnt'l. Inc.'s Terms and Conditions of Sale Service and Technical Support.

133 The City of ~ Florida ~!~Y TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Members of Susan Hann, P.E., City Manager Jim Stables, Fire Chief James R. St Bobbye Marsala, Purchasing Manager Yvonne McDonald, Finance Director June 18, 2013 I e S Digitally signed by James R. Stables ON: CrPJ.lmes R Stables, o=-flre-rescue, ou..city of Palm Bay, stablj@lpalmbayflorida.ofg. ca US Oat~ :45:27-04'00' ::Bobb?"- ~:dl.,._ j.,j r 09:59:24-04'00' Utilization of the Florida Sheriffs Association Bid # for the Purchase of a Pierce Custom Impel Pumper Staff is requesting to utilize the Florida Sheriffs Association Bid # for the purchase of a Pierce Custom Impel Pumper from Pierce Manufacturing, Inc. (Ten-8 Fire Equipment, Inc.) in Bradenton, Florida. The purchase of this fire-rescue vehicle will provide a reliable state-of-the-art primary emergency response unit while allowing for an increase of reserve apparatus by placing the previous first-run unit in a reserve capacity. The cost proposal attached is in the amount of $437,629. A $2,500 reduction will be applied against the purchase order for the deletion of vendor-paid travel expenses for pre-build meeting and final inspection. The City will be responsible for these costs through its own travel policy and procedures. FISCAL IMPACT: The fiscal impact is a total expenditure of $435,129, which is funded through Fire Impact Fees ($167,537) and the Fleet Fund ($267,592). NOTE: The vendor offers a discount of $12,764 for full prepayment. Typically, the City does not fully prepay; however, the magnitude of the discount is such that it may be worthwhile for the City to consider the discount for prepayment. Other agencies, including (according to the vendor) Brevard County, St. Lucie County and the City of Miami have prepaid. The vendor does provide a performance bond in the event of prepayment. Staff is not including the prepayment discount in our recommendation. These funds will be available upon Council's approval of the second reading of the fifth budget amendment. The fifth budget amendment was approved on first reading on June 6, 2013.

134 Mayor and Council: Purchase of a Pierce Custom Impel Pumper June 18, 2013 Page 2 RECOMMENDATION: Motion to approve the purchase of a Pierce Custom Impel Pumper from Pierce Manufacturing, Inc. through the Florida Sheriffs Association Bid # , subject to approval of the fifth budget amendment. The motion does not include the prepayment discount as staff's policy is not to prepay, especially for a procurement of this magnitude. BM/tjl Attachment: 1) Pierce Manufacturing, Inc. Cost Proposal K:\Management\Lefler\Agendaltems\June PierceCustoml mpeipumperpurchase. doc

135 PROPOSAL FOR FURNISHING FIRE APPARATUS May 27,2013 Palm Bay Fire Rescue 899 Carlyle Ave S.E. Palm Bay, FL The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: Pierce Custom hnpel Pumper, Top Mount Panel.l Optional- 100% Pre Payment of$424, will include a 12, discount. Pricing based on Florida Sheriffs Bid # Fire Rescue Vehicles $ 437, Optional-Pre-Payment discount will include 100% performance bond Pre payment due I 5 days from purchase order date for full discount. Pricing includes travel for two, for pre- build meeting and fmal inspection. Pricing good until June 20, Price includes 100% performance bond Total$ 437, Said apparatus and equipment are to -be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 180 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Palm Bay, Fl. The specifications herein contained shall form a part of the fmal contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company ofthe order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 75 days from date, the right is reserved to withdraw this proposition. Pierce Manufacturing, Inc. SD1397 PERF'CRM. LUC ND OTHER;' Revised: 12/29/2008

136 Proposal Option List 5/29/2013 Customer: Palm Bay Fire Rescue Bid Number: 265 Representative : Schneider Michael DB Version: Organization : Ten-8 Fire Equipment, Inc Bid Date: 11/18/2011 Requirements Job Number: Description : Palm Bay Impel Pumper Body: Pumper, Long, Alum, 2nd Gen Chassis: Impel Chassis, 2010 Line Option Option Description Qty Price Florida Sheriffs Assoc. Bid , Specification #16 Single Source Compliance Manufacture Location: Appleton, Wisconsin RFP Location: Appleton, Wisconsin Vehicle Destination, US Comply NFPA 1901 Changes Effective Jan 1, 2009, With Exceptions Pumper/Pumper with Aerial Device Fire Apparatus Vehicle Certification, Pumper Agency, Apparatus Certification, Pumper/Tanker, U.L. Career/Paid Department Customer Service Website Unit of Measure, US Gallons Bid Bond not requested Performance Bond, 100% Req'd (Statement by Rep) Approval Drawing Electrical Diagrams Impel Chassis, 2010 Maximum Overall Height Size- 10' Maximum Overall Length Size - Shortest Possible, Not to Exceed 33.5" Wheelbase Wheelbase- 217" GVW Rating GVW rating - 43,500 lbs. Frame Rails, x 3.50 x.375, DLX/Qtm/Enf/AXT/ImpNei/Dash CF Frame Liner, lnv "L" 12.68" x 3.00" x.25", AXTNel/lmp, Full Length Axle, Front, Meritor FL-943, 19,500 lb, w/o assist Suspension, Front, Standens, Taper Leaf, 19,500 lb, FL-943 Axle Shock Absorbers on Front Axle, DLX/Qtm/AXT/ImpNel Oil Seals, Front Axle Tires, Front, Michelin, XFE (wb), 385/65R22.50, 18 ply Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot Axle, Rear, Meritor RS24-160, 24,000 lb, lmpnei/dash CF Top Speed of Vehicle, 65 MPH Suspen, Rear, Standens, Spring, 24,000 lb, lmpnei/dash CF Oil Seals, Rear Axle Tires, Rear, Michelin, XZE*, 12R22.50, 16 ply, Single Wheels, Rear, Alcoa, 22.50" x 8.25", Aluminum, Hub Pilot, Single Tire Balancing, Counteract Beads Tire Pressure Monitoring Valve Cap Qty, Tire Pressure lnd- 6 Axle Hub Covers w/center hole, S/S, Front Axle , , , , , , Page 1

137 Axle Hub Covers, Rear, SIS Baby Moon (Pair) Mud Flaps, w/logo front & rear Chocks, Wheel, AC Qty, Pair Mounting Brackets, Chocks, AC-44, Vertical Location, Wheel chock - OS rear Qty, Pair ASS Wabco Brake System, Single rear axle Brakes, Cam, Front, x 6.00 (Std FURF axle) Brakes, Meritor, Cam, Rear, x 8.63" Air Compressor, Brake, Cummins/Wabco 18.7 CFM Brake Reservoirs, Three Air Dryer, Brake, AD-9 w/heat, ' Brake Lines, Nylori Inlet/Outlet, Air, w/disconnect Fitting Location, Air Coupling(s) - h) OS Pump Panel Qty, Air Coupling (s) Air Tank, Additional for Extra Air Horn Capacity Moisture Ejector, Automatic, w/heat Location - wet tank Qty, Auto. Moisture Eject Engine, Cummins ISL9, 400 hp, 1250 ft-lb, W/080, EPA 2013, lmpnel 6, High Idle w/eiectronic Engine, Custom Engine Brake, Jacobs Compression Brake, Cummins Engine 0.00 Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo Clutch, Fan, Air Actuated, Horton Drive Master Air Intake, w/ember separator, lmpnel Exhaust System, 4", 2010 ISL9/ISC8.3 Engine, Horizontal, Officer Side Exhaust, Modified for Plymovent System, 6.00", 2007/2010 Engines Radiator, lmpnel Cooling Hoses, Silicone 1, Fuel Tank, 65 Gallon, Left Side Fill Lines, Fuel DEF Tank, 4.5 Gallon, OS Fill, Forward of Rear Axle, 0013, ISL9, ISX Not Required, Fuel Priming Pump Shutoff Valves, Fuel Primary Filter, 20~ 0 Cummins Engine Cooler, Chassis Fuel, Not Req'd Label, "Ultra Low Sulfur Diesel Fuel Only", Yellow w/biack Letters, IPOS Location - on outside fuel fill door Trans, Allison Gen IV 3000 EVS P, lmpnei/dash CF, With Prognostics Transmission, Shifter, 6-Spd, Push Button 0.00 Trans, ratio EVS, 6Spd Transmission Oil Cooler, Modine, External Shift Mode, Trans level read out, EVS Series Fluid, 3000 Series Trans, Allison Approved TES-295 Synthetic, IPOS, Custom Driveline, Spicer Steering, Ross TAS-85 w/tilt, Eaton Pump, w/ Cooler Not Required, Steering assist cylinder on front axle Steering Wheel, 4 Spoke without Controls 2, Logo/Emblem, on Dash 0.00 Text, Row One - PALM Text, Row Three - FIRE-RESCUE Text, Row Two - BAY Bumper, 19" Extended, lmpnel Lift & Tow Package, lmpnel, AXT, Dash CF Tow Eyes, Painted Black, Below Deck ' Tray, Hose center, 19" bumper w/outside Air Horns, lmpnel Cape)city, Bumper Tray - 19) 100' of 1.75" Page 2

138 Grating, Bumper extension - Grating, Rubber Hose Restraint, Bumper Tray, Velcro Straps Location 7 - driver's side Qty, Cab, Impel 2010, 7010 Raised Roof 3, Rear Wall, Exterior, Cab, Aluminum Treadplate Cab lift, Elec/Hyd, lmpnel Grille, Bright Finished, Front of Cab, lmpeinelocity 1, Trim, S/S Band Across Cab Face w/ Turnsignal Covers, Rect Lights, Impel Material Trim/Scuffplate - e) SIS, Patterned Molding, Chrome on Side of Cab Mirrors, Retrac, West Coast Style, Htd/Rmt, w/htd/rmt Convex Door, Full Height, Impel 4-Door Cab, Raised Roof 2, Door Panel, Brushed Stainless Steel, lmpeinelocity 4-Door Cab Storage Pockets w/ Elastic Cover, Recessed, Rotomolded, lmpnel Controls, Electric Windows, All Cab Doors, Impel & Velocity Steps, 4-Door Full Tilt Cab, Std, lmpnel Lights, Cab and Crew Cab Access Steps, P25,- LED w/bezel, 1 Light Per Step Fenders, S/S on Cab No Windows, Side of Crew Cab, Vel/Imp Not Required, Interior Trim, No Cab Side Windows Not Required, Windows, FronUSide of raised roof Windows, Rear CC, (2) 8" x 14", lmpnel Trim, Cab Rear Windows, Impel Cab Interior, ABS Console, Turnout Tuff, lmpnel Color, Cab Interior Vinyl/Fabric- k) Maroon Cab Interior, paint color, lmpnel 0.00 Color, Cab Interior Paint - d) red Floor, Rubber Padded Cab & Crew Cab, lmpnel, Dash CF Heater/defroster, lmpnel Air Conditioning, lmpneinel SL T Grab Handles, Driver Door Post & Passenger Dash panel, lmpnel Light, Engine Compt, All Custom Chassis Fluid Check Access, lmpnel, AXT Map box, 3 bin/30 deg slant, Custom Chassis Location - Mount at pick up. Qty, Frontal Impact Protection 1 2, Not Required, Frontal Impact Protection, Not Required, Side Roll Protection Package, Seating Capacity, Cab Qty, Seat, Driver, Pierce PS6, Premium, Frontal Impact, Air Ride Hi-Back 1, Seat, Officer, Pierce PS6, Premium, Frontal Impact, Air Ride, SCBA Not Required, Radio Compartment Cabinet, EMS, Rear Facing, DS, 20 Wide x 42 High x 26 Deep, Lt Feature 1, Door, EMS Cabinet - Amdor Roll Up Dr, No Lock Light, Short EMS Compt - Amdor, Both Sides Not Required, Seat, Rr Facing C/C, Center Not Required, Seat, Rr Facing C/C, PS Outboard Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA Shelf, Adjustable, EMS Compt, 1.25" Lip Location - rear EMS compt. Qty, Shelf Upholstery, Seats In Cab, Alllmperial1200, Pierce PS Color, Cab Interior Vinyl/Fabric - i) Maroon/Black Page 3

139 Bracket, Air Bottle, Hands-Free II, Cab Seats 3 1, Qty, Seat Belt Height Adjustment, lmpnel, Dash CF Qty, Seat Belts, Red Seat Belt Monitoring System Bracket, Helmet Holder, Zico UHH Qty, Helmet Storage Brkt Lights, Dome, Weldon, , 2-Dual LED Lights, Black Bez Lights, Dome CC, (2) Weldon, l.,ED, Red/Clear, Blk Bezel Spotlight, GolighURadioRay, Model 20**4, LED, 1 Lt Bracket, Spotlight- Pedestal - 1 Lt Color, Galt- White Location - cab roof center Controller, Spotlight, GolighURadioRay, Wired Dash Mount, 1 Lt Location, Spotlight Controller, Driver Portable Hand Light, Provided by Fire Department, Pumper NFPA Classification Cab Instruments, Black Gauges, Black Bezels, lmpel Air Restriction Indicator, lmpnel, AXT, Dash (;F Light, Do Not Move Apparatus, Whelen 5SROOFRR LED Alarm, Do Not Move Truck - al) Steady Alarm Messages, Open Door/Do Not Move Truck, lmpnel, Vel SL T, AXT, Dash CF Switching, Cab, Membrane, lmpeinelocity/qliantum, AXT MUX, Dash CF 0.00 Location, Emerg Sw Pnls - Driver's Side Overhead Wiper Control, 2-Speed with Intermittent, lmpeinelocity, Dash CF Wiring, Spare, 20 A 12V DC, 6 Circuit Fuse Block, Blue Sea st vdc power from - Battery direct Location - TBD Qty, Wiring, Spare, 20 A 12V DC 1st vdc power from - Battery direct Location - TO THERMAL IMAGE CAMERA CHARGER IN CAB AND ALL BATT BANK officers side top of engine box. Qty,- 02 Wire termination - b) butt splice Wiring, Spare, 15 A 12V DC 1st vdc power from - Battery direct Location - PS rear next to the engine box with 12" coil of wire, 1 located at the the end of the back center driver console for hand lights, 1 to D1 midway up on tank wall to front of body. Qty,- 03 Wire termination - b) butt splice Vehicle Information Center, LCD On Gauge Cluster w/7'' Color Display, Impel 3, Location, CZ Display - OS Instrument Panel, Impel Camera System Vehicle Data Recorder, Dual Module Intercom, Firecom 5100D Single Radio, 5-Pos, (0, Wireless 2, location, intercom, C Cab - 3) 3 forward facing seats Not Required, Radio Interface Headset, Firecom, FH-51 Over Head, Radio Transmit Location - driver/officer Qty, Headset, Firecom, FH-52 Over Head, Intercom Only 3 1, Location - crew cab Qty, Install Customer Provided GPS Antenna(s) Location - cab tbd Qty, Antenna, Mount Only, VariableThickness, Custom Page4

140 Location - TBD Qty, Antenna, Std and Add'l Mts Only, 2-way Radio;Cust,Spl Cable Routing Location - ROOF Location 1 - BEHIND DS SEAT UPPER EMS Qty, Pierce Command Zone, Advanced Electronics and Control System Electrical System, lmpeinelocitynelocity SL T Batteries, (6) Delphi Grp 31, 950 CCA each, Threaded Stud Batte!)' System, Single Start, All Custom Chassis Battery Compartment, lmpnel Charger, Sngl Sys, Kussmaul, Pump Plus 1000, , Location, Charger/Compr, Front left body compt Location, Battery Charger Indicator, Driver's Seat with Bracket Shoreline, 20A 120V, Kussmaul Auto Eject, "Super" Color, Kussmaul Cover - d) yellow Connection, Shoreline - Batt cherger, two cab receptacles, one in P3. Fridge to plug into receptacle behind officers seat. Not hard wired. Qty, Shoreline Shoreline Location Location, Shoreline (s) - 27) (2) Cab Side Alternator, 320 amp, Leece-Neville 4962PA, Sgl Sys Load Manager/Sequencer, MUX 0.00 Enable/Disable Hi-ldie - e)high Idle enable Lighting, FMVSS, Cab, P25 LED Clrnc/ID, lmpnel Rect Headlts Lights, Identification/Clearance, Rear, P25, LED Lights, Tail, Weldon 3884 Tri-Light Cluster, LED Stop, Turn, Back Up 1, Lights, Backup Included in Signal Cluster Bracket, License Plate & Light, P25 LED Alarm, Back-up Warning, PRECO Light, Marker, P25 LED, Two (2) Pair In Rubrails Location - each side of body Light, Directional/Marker, Intermediate Light, Weldon, LED 21ts Lights, Perimeter Scene Cab Exits, Amdor Lumabar, AY , 20" location - * Qty, Lights Lights, Perimeter Scene, (4) Amdor Lurilabar, H20, AY LED Switch, Location, Perim - cab and crew cab door Lights, Step, P25 LED 41ts Lights, Rear Scene, Whelen M6ZC Gradient LED 12 1st 2 1, Location, lights - DS/PS upper rear body Qty,- 02 Switch, Lt Control 1 DC, 1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - c) DS Rear of Apparatus Switch, Lt Control 4 DC,4 - d) No Control Lights, Side Scene, Whelen 9SCOENZR LED, 2nd Location, lights - upper cab side DS Qty,- 01 Switch, Lt Control 1 DC, 1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control4 DC,4- d) No Control Lights, Side Scene, Whelen 9SCOENZR LED, 1st Location, lights - upper cab side PS Qty, ~ 01 Switch, Lt Control 1 DC, 1 - a) DS Switch Panel Switch, Lt Control2 DC,2 - e) No Control Page 5

141 Switch, Lt Control 3 DC,3- d) No Control Switch, Lt Control 4 DCA - d) No Control f Light, Whelen, 12V PCP2P Pioneer LED Fld/Spt, Pole Mt 1st 2 4A72.31 Color, Win Lt Housing - w) White Handle Holder & Up lnd Sw W - Without Handle Holder Location, lights - At DS/PS top mount panel area Pole Length W " Outside Pole Poles, W -Through Mount Pull Up Qty, - 02 Switch, Lt Control 1 DC,1 - a) OS Switch Panel Switch, Lt Control 2 DC,2 - f) Pump Operator's Panel Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DCA - d) No Control Light, Visor, Whelen, 12V PFP1 Pioneer LED Floodlt, 1st 1, Location, driver's/passenger's/center - centered Qty, - 01 Switch, Lt Control 1 DC,1 - a) OS Switch Panel Switch, Lt Control2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Lights, Deck, Unity (2) AG, Rear, Both Flood Pumper, Long, Alum, 2nd Gen -5, Body Skirt Height, 20" Tank, Water, 750 Gallon, Poly, Long Overflow, 4" Water Tank, Poly Not Required, Foam Cell Modification Sleeve through Tank - Up to 3" Plumbing Qty, Sleeve Not Required, Restraint, Water Tank, Heavy Duty No Direct Tank Fill Req'd (No Dump Valve required) Jet Assist Not Req'd (No Dump Chute Required) Not Required, Switch, Tank Dump Master Hose Bed, Alum, Pumper Hose Bed Capacity, Special 0.00 Capacity, Hosebed- 1200' 5"/200' 3/200' Divider, Hose Bed, Unpainted Qty, Hosebed Dividers Hose Restraint, Hosebed, Vinyl, Top and Rear Color, Vinyl Cover- a) red Type of fastener- bun gee cord and hook - Sides of Hose bed Type of fastener, Front - lift a dot - Front Hose bed Type of fastener, Rear- 2" cam buckle - bottom of hose bed Vinyl flap weight - not weighted Runn ~ ngboa rd, 12.75" Deep Tailboard, 16" Deep Wall, Rear, Smooth Aluminum/Body Material, Flush Rear Wall Tow Bar, Under Tailboard Hose Restraint, Running Board, Velcro Straps Location, Hose Tray, runn - c) RH side Qty, Tray, Hose Tray, Hose, Running Board, 20' of 5.00" Soft Suction Hose Location, Hose Tray, runn- b) LH Side Qty, Tray, Hose Construction, Compt, Alum, Pumper OS 161" Rollup, Full Height Front & Rear, FDLER 3A PS 161" Rollup, Full Height Front & Rear, FDLER 4, Doors, AMDOR, Roll-up, Side Compartments Page 6

142 Color, Roll-up Door- aaa) AMDOR satin aluminum Latch, Roll-up Door- Locking, 1250, Match Compartments Qty, Door Accessory Rear- Rollup Dr/44.50" FF Door(s), AMDOR, Roll-up, Rear Compt 0.00 Color, Roll-up Door- aaa) AMDOR satin aluminum Latch, Roll-up Door- Locking, 1250, Match Compartments No Body Modification Required Pull Strap for Doors Location, Door Accessory - Side compartment doors Qty, Door Accessory Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door 7 1, Location - all body doors Qty, Lights, Compt, Krystai-Lite, Super Bright, (2) Lights, IATS Location, lights- in the diamond plate hosebed cover, two each cover mount in the corners of support and top side sheet so they shine down. when the cover is open. Qty, Shelf Tracks, Painted location - TBD Qty, ShelfTrack Shelves, Adjustable, 500 lb Capacity, Full Width/Depth, Painted 7 1, Location, Shelf- TBD Qty, Shelf Tray, 250 lb Slide-out, 2" Sides - Adj. Height 3 1, Location- R1 & P1 one TBD Qty, Tray (slide-out) Compt, Backboard Storage, Over Pump 1, Access, Backboard Compt- Both Door, Material, Storage- Aluminum Treaplate Latch, Door, Storage- Lift and Turn Latch Location, Backboard Storage Over Pump- Forward, Crosslays Qty, Backboard Troughs - 2 Size, Backboard - 17x74x Rubrail, Aluminum Extruded, Side of Body Fender Crowns, Rear, SIS Hose, Hard Suction, Provided by Fire Department, Pumper NFPA Classification 0.00 Brand, Model, Age of Tool ~ TBD Length, Hard Suction Hose- 10' Qty, Hard Suction Hose- 1 Size, Hard Suction, Hose- 6.00" Troughs, H.S.H., PS Low Side Compt Handrails, Top Mount (7) Handrail, Beavertail -Std Handrail, Rear Below Hose Bed, Full Width Compt, Air Bottle, Double, Fender Panel 2 1, Door Finish, Fender Compt- Polished Insert, Air Bottle Compt - Rubber Matting Latch, Air Bottle Compt- Flush Lift & Turn Location, Fender Compt- Double - PS Fwd and Double - PS Rear Qty, Air Bottle Camp Ladder, 24' Alco-Lite PEL-24 2 Sect Ladder, 14' Alco-Lite, PRL-14, Roof Ladders Btwn Tank & S.Sht, Ext'd Rr, Encl'd Complete, RPH,PS, Door/Latch 2, Feature Door, Material, Ladder Storage - c) smooth aluminum Latch, Door Ladder Storage- b) "D" Handle latch Page 7

143 Ladder, Folding, 10' Alco-Lite FL Location, Fold Ladder - d) Ladder comp Slides, Dura-Surf, Ladder Storage Rack Pole, Pike 8', Pumper, Provided by Fire Department Pike Pole, 6', Pumper, Provided by Fire Department Compt, (2) Pike &(1) Foldg Ladder, Below Tee, Stainless Steel Door, OS Steps, Folding, Front of Body, Trident 0.00 Coating, Step - luminescent Steps, Folding, Rear of Body, Trident 0.00 Coating, Step - luminescent 239 0?01491 Step, Folding- Extra, Body Only, Luminescent, Trident Location, Additional Step - two (2) additional on OS front bulkhead & one (1) additional on PS front bulkhead to meet NFPA step requirements Qty, Folding Step Step, Full Width, Rear Of Body, 10" Location, Additional Step - below the hose bed Pump, 1250 CSU Single Stage, Waterous 3, Seal, Mechanical, Waterous Pump Setup Charges N/A Transmission, Pump, Waterous C20 Series Shift, Air w/ Manual Over, Split Shaft PTO,Waterous Transmission Lock-up, EVS Auxiliary Cooling System (No Transfer Valve Required on 1 Stage Pump) Valve, Relief Intake, Elkhart Controller, Pressure, FRC, INCONTROL, TGA400, Control Knob 1, Primer, Trident, Air Prime, Air Operated Line,.50" Recirculating w/check Valve Manu~ls, Pump (2), CD Plumbing, Stainless Steel & Hose (Control Zone) Plumbing without Foam System Inlets, 6.00" GPM or Larger Pump Cap, Long Handle Pump Inlet, NST - VLH Valves, Elkhart Unibody - All Ball Valves Inlet, LH.Side, 2.50" Gated Inlet, RH Side, 2.50" Gated 1 1, Valve, lnlet(s) Recess,Top Mount Anode, Zinc, Pair, Pump Inlets Control, Inlet, at Top Mount Panel Qty, Inlets No Rear Inlet (Large Dia) Requested No Rear Suction Cap No Rear Inlet Actuation Required No Rear Intake Relief Valve Req'd No Rear Auxiliary Inlet Requested Valve,.75 Bleeder, Aux. Side Inlet, Swing Handle Line, (1) 3.00" Tank to Pump Outlet, 2.00" Tank Fill Outlet(s), LH Side, 2.50" Qty, Discharges No Additional LH Outlets Requested Outlet(s), RH Side, 2.50" 0.00 Qty, Discharges Outlet, RH Side, 3.00" w/3.00" Plumbing (added) 2, Qty, Discharges No Large Diameter Discharge Requested Outlet, Front, 1.50" w/2.00" Plumbing 2, Drain, Front Outlet - Class 1 Automatic Page 8

144 Fitting, Outlet " NST with 90 degree swivel Location, Front- in left bumper tray Outlet, Rear, 2.50" 2 1, Location, Outlet- c) one (1) each side Qty, Discharges No Rear.Outlet (Added) Requested No Hosebed/Running Board Outlet Requested Caps for 1.50" " Discharges - VLH Valve,.75 Bleeder, Discharges, Swing Handle Elbows, 45 Degree " Outlets LH - VLH No Elbows Req'd (Added LH Outlets) Elbows, 45 Degree " Outlets RH - VLH Elbow, 3" FNST x 5" Storz w/cap Elbows, 45 Degree " Outlets Rear- VLH No Elbows Req'd, Added Rear, Large Outlet No Elbows Req'd, Side Large Dia Discharge Control, Outlets, Manual, Pierce HW if applicable Outlet, 3.00" Deluge Riser, Elkhart Valve w/dual Handwheel Control No Monitor Requested No Nozzle Req'd DE!Iuge Mount, NPT Crosslay, 1.50" Std. Cap (Pan Style) Qty, Crosslays No 2.50" Crosslay Requested Not Required, Speedlays OS91145 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting Qty, Hose Restraint, Crosslay/Deadlay, 1" Heavy Nylon Web, Strap Fasteners, Each Side Nylon Web Color - Black Qty,- 01 Restraint Location- Top (towards roof of truck) Type of fastener - 1" side release Hose Restraint, Crosslay/Deadlay, Aluminum Treadplate, Bi-Fold, Top Only Restraint Location - Front (towards front of truck) Stay arm, Tray Cover- d) No Stay Arm Crosslays, 8.00" Lower Than Standard - Control Zone with 9.00" Raised PH Not Required, Foam System Not Required, CAF Compressor Not Required, Refill, Foam Tank Not Required, Foam System Demonstration Not Required, Foam Tanks Not R~quired, Foam Tank Drain Not Required, Foam Tank # Not Required, Foam Tank Drain Pump House, Top Mount, 48" w!walkway "Control Zone" 1 5, Light, Walkway - P25 LED Light, Walkway Compt- P25 LED Pump Panel Configuration, Control Zone Panel, Pump and Gauge, Black Vinyl Panel, Pump Access- Both Sides and Front Not Required, Pump House Structure Light, Pump Compt, Truck-Lite 44308C LED Grommet Mt Location - pump area Qty, Gauges, Engine- Pump Panel, IAT Pressure Controller Throttle Included w/ Pressure Controller Indicators, Engine, Included with Pressure Controller 0.00 Page 9

145 Control, Air Horn at Pump Panel Gauge Panel, Vertically Hinged Gauges, 4.0" Master, Class 1, 30"-0-600psi Gauge, 3.0" Pressure, Class 1, 30"-0-400psi Gauge, Water Level, FRC, WLA200 Series, Tank Vision Not Required, Foam Level Gauge Light Shield, Top Mt Light Shield/Step 8", OS LED w/p25 LED Step Light Air Horns, (2) Hadley 6" Round in Bumper Outside Frame 0.00 Location, Air Horn (bmpr) - each side of the bumper Control, Air Horn, Horn Ring, PS Chrome Push Button Siren, Whelen 295SLSA 1, 100 or 200 Watt Location, Elect Siren, Recessed Overhead in Console Location, Elec Siren- Overhead, PS Center Sw Pnl Control, Elec Siren, Horn Ring Speaker, Whelen SA122FMP, Polished Connection, Speaker - siren head Qty, Speakers Location, Recessed in the Front Bumper, Driver and Passenger Side Siren, Federal Q2B 3, Siren, Mechanical, mounted above deckplate Location, Siren, Mech - a) Left Control, Mech Siren, OS Foot Sw, PS Push Button Switch, Second Siren Brake, Chrome Push Button Location - PS with siren PB Lightbar, Whelen, Freedom, FN**QLED, 4-R, 2-W, 2-RC 1, Color, Lens, LED's - c)clear Length, Win Lightbar - 72" Light, GTI, Opticom, Wiring Only, Special Switching & Labeling Location - cab roof Light, Front Zone, Whelen M6*C LED, Clear Lens, 41ts Q Bezel 1, Color, Lt OS Frnt Outside - r) OS Front Outside Red Color, Lt OS Front Inside - r) OS Front Inside Red Color, Lt PS Frnt Outside - r) PS Front Outside Red Color, Lt PS Front Inside- r) PS Front Inside Red Lights', Side Zone Lower, Whelen M6*C LED, Clear Lens, 3pr, Ovr 25 1, Color, Lt Side Front - r) Side Front Lt Red Color, Lt Side Middle - r) Side Middle Lt Red Color, Lt Side Rear- r) Side Rear Lt Red Location, lights frt side - b)each side bumper Location, lights mid - below top mount walkway steps Location, lights rear - center fender each side Lights, Door Interior Flash, 4 Dr Cab, Whelen 500 LED 50*00F*R Color, Lights, Warning - gla) red Lights, Side, Whelen M6*C LED, Clear Lens, 1st Color, Lights, Warning - gla) red Location, lights - one each side of cab upper crew door Qty, Lights, Rear Zone Lower, Whelen M6*C LED, Clear Lens Color, Lt OS Rear - r) OS Rear Lt Red Color, Lt PS Rear- r) PS Rear Lt Red Light, Rear Zone Upper, Whelen MCSLED2R LED Beacon, Red Color, Dome, Rear Warning - j) both domes clear Not Required, Lights, Rear Upper Zone Blocking Mtg, Rear Warn Us, Std Mount, S/S Brkts Light, Traffic Directing, Whelen TAL65, " Long LED 1, Activation, Traffic Dir L - c)with the control head Location, Traf Dir Lt, Surface Mounted Over Rear Door Page 10

146 Location, Traf Dir Lt Controller, Overhead Switch Panel PS Left End Not Required, Brand, Hydraulic Tool System Bag of Nuts and Bolts 0.00 Qty, Bag Nuts and Bolts NFPA Required Loose Equipment, Pumper, Provided by Fire Department ~ Soft Suction Hose, Provided by Fire Department, Pumper NFPA Classification Strainer, Provided by Fire Department, Pumper NFPA Classification Extinguisher, Dry Chemical, Pumper, Provided by Fire Department Extinguisher, 2.5 Gal. Pressurized Water, Pumper, Provided by Fire Department Axe, Flathead, Pumper, Provided by Fire Department Axe, Pickhead, Pumper, Provided by Fire Department Paint, Two Tone, Cab, w/special Shield 7:85.71 Paint Color, Upper Area - Palm Bay White Paint, Color - Palm Bay Red Paint Chassis Frame Assy. Black, Std No Paint Required, Aluminum Front Wheels No Paint Required, Aluminum Rear Wheels Compartment, Painted, Spatter gray Reflective Band, 2"- 6" Color, Reflect Band - A - e) black Color, Reflect Band - B - t) gold Reflective across Cab Face, lmpnel !)54 Stripe, Chevron, Rear, Diamond Grade, Pumper 0.00 Color, Rear Chevron DG - yellow Jog, In Reflective Stripe, Single or Multiple Qty, Stripe, Reflective, Cab Doors Interior 0.00 Color, Reflective - b) red Lettering Specifications, Reflective Lettering, Reflective, 3.00", (81-100) Outline, Lettering - Outline and Shade Bracket, For Department Number Placards Location - TBD Qty, Lettering, Reflective, 4.00", (21-40) ~ Outline, Lettering - Outline ancj Shade Lettering, Reflective, 8.00", (21-40) Outline, Lettering - Outline and Shade Lettering, Reflective, 9.00", (21-40) Outline, Lettering - Outline and Shade Decals, Customer furnished, Pierce installed, Per Pair Qty, Emblem, American Flag, 7.00H x 11.00W Location, Emblem - side of cab up high each side Qty, Undercoating, Cab & Body, Ziebart ' Manuals, Two (2), Fire Apparatus Parts, Custom Chassis Manuals, Two (2) Chassis Service & (1) CD, Custom , Manuals, Two (2) Chassis Operation, & (1) Compact Disc, Custom Warranty, Basic, 1 Year, Apparatus, WA Warranty, Chassis, 3 Year, Velocity/Impel, WA Warraoty, Engine, Cummins, 5 Year, WA Warranty, Steering Gear, TRW Ross TAS, 1 year WA Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA (No Pick.Required) Warranty, Axle, 2 Year, Meritor, General Service, WA Warranty, Axle, 2 Year, Meritor, General Service, WA Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA Page 11

147 Warranty, Structure, 10 Year, Cu~tom Cab, WA Warranty, Paint, 10 Year, Cab, WA , Warranty, Electronics, 5 Year, MUX, WA Warranty, Pierce LED Strip Lights, WA Warranty, 5-year EVS Transmission, Standard Custom, WA Warranty, Transmisson Cooler, WA Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA Warranty, Structure, 10 Year, Body, WA Warranty, AMDOR, Roll-up Door, 10 Year/5 Year Painted, WA Warranty, Pump, Waterous, 5 Yrs Parts, WA Warranty, 10 Year S/S Pumbing, WA Warranty, Paint, 10 Year, Body, Pro-Rate, WA Warranty, Graphics Lamination, 1 Year, Apparatus, WA Certification, Vehicle Stability, CD Certification, Engine Installation, lmpnel, ISL9, 2013, CD Certification, Power Steering, CD Certification, Cab Integrity, Impel Certification, Cab Door Durability, Velocity/Impel, CD Certification, Windshield Wiper Durability, lmpeinelocity, CD Certification, Electric Window Durability, Velocity/Impel, CD H Certification, Seat Belt Anchors and Mounting, lmpeinelocitynelocity SL T Certification, Cab Heater and Defroster, Velocity/Impel, CD Certification, Cab Air Conditioning Performance, Velocity/Impel, CD Amp Draw Report, NFPA 2009 Edition Amp Draw, NFPA Radio Allowance PUMPE~. 2ND GEN PIERCE CHASSIS ENGINE, OTHER EVS 3000 Series TRANSMISSION WATEROUS PUMP POLY TANK NO FOAM SYSTEM TOP MOUNT ELKHART VALVES ABS SYSTEM Manufacturing Attribute 0.00 Total List: $437, Page 12

148 ~ The City of Florida ~~y TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Members of Susan Hann, P.E., City Manager Dan Roberts, P.E., Utilities Director Bobbye Marsala, Purchasing Manager Yvonne McDonald, Finance Director June 18, 2013 r :Ea i :Jr~o.. ry,b ~ j..j.l :01:30-04'00' Award of RFP # /SB, Constant Speed Floating Aerator Equipment for Wastewater Treatment Plant This project consists of the purchase of six constant speed floating aerators at the digester tanks of the Wastewater Treatment Plant to replace the existing equipment. The current equipment is past its useful life cycle and the condition and performance are poor thus requiring complete replacement. Three proposals were received. The proposals were evaluated by the Utilities Department and engineering consultants, Wade Trim. Proposals were reviewed for non-price factors to include qualifications, technical experience and completeness of proposal. Based on these factors, the ranking was: 1) Aqua-Aerobics Systems; 2) Aerator Solutions; and, 3) Aeromix Systems, Inc. Purchasing staff completed the additional calculations based on cost, which resulted in the final ranking as follows : 1) Aerator Solutions; 2) Aqua-Aerobics Systems; and, 3) Aeromix Systems, Inc. The recommended vendor is the lowest cost proposer. The City's Local Preference was not applied to this project because all vendors are from out of state. FISCAL IMPACT: The project award will be in the amount of $66,984. Funding is available in the Utilities Department Renewal and Replacement Fund, Project Number 12WS04, Account Number RECOMMENDATION: Motion to award RFP # /SB, Constant Speed Floating Equipment to Aerator Solutions, located in Roscoe, Illinois. BM/tjl Attachment: 1) Ranking Form K:\Management\Lefler\Agendaltems\June \RFP SBConstantSpeedFioatingAeratorEquipmentF orwastewatert reatmentpiant. doc

149 RFP # /SB Police Uniforms Local Preference Calculations CRITERIA- TOTAL 100 POINTS Summary of Qualifications= 7.5 points Technical Proposal =7.5 points Cost = 85 points Short List- Oral Presentations= 10 points Local Preference Class "A" Vendor Class "B" Vendor 10.0% 7.5% Class "C" Vendor 5.0% Class "D" Vendor 0.0% BUDGETED FUNDING AVAILABLE- $122, Class "D" Vendor Class "D" Vendor Class "D" Vendor EVALUATION CRITERIA POSSIBLE POINTS Summary of Qualifications 7.5 Technical Proposal 7.5 Cost 85 Aerator Solutions Aeromix Systems Inc Main St 7135 Madison Ave West Roscoe IL Golden Valley MN I / Aqua-Aerobics Systems 6306 N Alpine Rd Loves Park IL / SUBTOTAL (1) POINTS SHORT LIST- ORAL PRESENTATIONS 10 N/A N/A N/A SUBTOTAL (2) POINTS 110 Local Preference Additional Points 0.0% 0.0% % 0.00 TOTAL SCORE FINAL RANKING 1) Aerator Solutions 2) Aqua-Aerobics Systems 3) Aeromix Systems. Inc.

150 RFP # /SB Constant Speed Floating Aerators Cost Multiplier Calculation Budgeted Funding Available is $122, COMPANY NAME Aerator Solutions Aeromix Systems, Inc. Aqua-Aerobics Systems LOWEST COST PROPOSAL COST PROPOSED $66, $66, $114, $66, $78, $66, TOTAL POINTS %OF LOW MULTIPLIER ASSIGNED 100.0% % %

151 RFP # /SB Constant Speed Floating Aerators Initial Ranking - Before Discussion Summary of Qualifications= max 4-points X's =max 7.5 total Tim Katie Clayton COMPANY NAME Bailey Fought McCormack Aerator Solutions 3 3 Aeromix Systems Inc 2 2 Aqua-Aerobics Systems Average Multiplier TOTAL POINTS Technical Response= max 4-points X's =max 7.5 total Tim Katie COMPANY NAME Aerator Solutions Aeromix Systems Inc Aqua-Aerobics Systems Bailey Fought Clayton McCormack Average Multiplier TOTAL POINTS Aerator Solutions Aeromix Systems Inc Aqua-Aerobics Systems TOTALS COMBINED RANKING ORDER- WITHOUT COST Aqua-Aerobics Systems Aerator Solutions Aeromix Systems Inc.

152 I u The City of ~ Florida ~~~y TO: FROM: Honorable Mayor and Members o Susan Hann, P.E., City Manage DATE: June 18, 2013 RE: Annual Monitoring of Scrub Jays The Incidental Take Permit (ITP) issued by the US Fish and Wildlife Service to the City of Palm Bay in April 2007 removed the scrub jay restriction on approximately 1,600 platted lots. One of the permit requirements is annual monitoring of the scrub jay population within the "scrub jay polygons" as identified in the ITP. This requires field surveys (from March 1 through June 30) and reporting. BKI, Inc. prepared the Habitat Conservation Plan (HCP) and the Environmental Assessment (EA) on which the permit was based. They have been conducting the annual monitoring since 2008 under an initial three-year agreement with a three-year contract renewal. Based on their familiarity with the Palm Bay scrub jay polygons as well as their performance under the current contract, staff requested a proposal to continue monitoring for another three-year period. Note that the south polygon area no longer requires monitoring as no scrub jays have been present for the past two years. FISCAL IMPACT: The professional fees are: Year 1 (2014) $19,850; Year 2 (2015) $19,900; and, Year 3 (2016) $19,950. The fee for 2013 was $19,850. The ITP stipulates that the City can recover 50% of the cost of annual monitoring from the Environmental Fee that is charged in conjunction with the building permit fee and is paid to the US Fish and Wildlife Service designee as mitigation. The scrub jay monitoring expense is budgeted in the Building Fund with a revenue transfer from the Environmental Fee Fund. RECOMMENDATION: Motion to authorize the City Manager to execute a professional services agreement with BKI, Inc. for annual scrub jay monitoring. SH/tjl Attachment: 1) Proposal K:\Management\Lefler\Agenda ltems\june2013\061813\scrubjaymonitoring doc

153 BKI, INC. ConsulHng Ecologists William W. Kerr, President 225 Fifth Avenue, Suite 2, Indialantic, Florida Office* Toll Free Fax June 10, 2013 Sue Hann, City Manager City of Palm Bay 120 Malabar Road SE Palm Bay, Florida Project: Palm Bay Scrub Jay HCP Brevard County, Florida USFWS Incidental Take Permit TE BKI File No Vendor #417 Subject: Florida Scrub-jay Nesting and Monitoring Proposal for Years Dear Ms. Hann: B.K.I., Inc. Consulting Ecologists (BKI) is pleased to submit the following proposal to perform the monitoring of Florida Scrub-jays (Aphelocoma coerulescens) under the Palm Bay Habitat Conservation Plan (HCP) and as defined in the U.S. Fish and Wildlife Service (USFWS) Incidental Take Permit TE effective April 20, Unsigned, this proposal is valid until June 28, Foil owing is a description of proposed professional services and the associated fees. SCOPE OF WORK: A. CONDUCT ANNUAL NEST SURVEYS BETWEEN MARCH 1 AND JUNE 30 BEGINNING THE SURVEY SHALL INCLUDE THE FOLLOWING INFORMATION FOR POLYGONS IDENTIFIED IN FIGURES 1 AND 2 (attached): 1. The location of the nest, nest height, tree species containing nest, nest contents for each visit, and family members present. Mitigation/Conservation Bank Permitting * Land Management Plans * Environmental Assessments & Permitting GIS/GPS Mapping *Wildlife Evaluations * Feasibility Studies *Wetland Assessments & Enhancements BKI PalmBayHCP-SJMonitoring pro

154 2. Surveys will not be required in polygons that there are no nests for two (2) consecutive years. Note that monitoring of the territories in the South Section of Palm Bay has been terminated because no Florida scrub-jays nests were located in this area for two (2) consecutive years. B. CONDUCT ANNAUL PRESENCE/ABSENCE SURVEYS BETWEEN MARCH 1 AND JUNE 30 BEGINNING THE SURVEY SHALL INCLUDE THE FOLLOWING INFORMATION FOR POLYGONS IDENTIFIED IN FIGURES 1 AND 2 (attached): 1. The number of Florida scrub-jay families residing within the polygons. 2. The number of individuals per family. 3. Surveys will not be required in polygons that there are no nests for two (2) consecutive years. Note that monitoring of the territories in the South Section of Palm Bay has been terminated because no Florida scrub-jays nests were located in this area for two (2) consecutive years. C. PREPARE ANNUAL FLORIDA SCRUB-JAY MONITORING REPORT THAT DOCUMENTS THE REQUIRED MONITORING EFFORT IN ACCORDANCE WITH PROJECT'S USFWS INCIDENTIAL TAKE PERMIT TE PROFESSIONAL FEES: YEAR 1 (2014) YEAR 2 (2015) YEAR 3 (2016) $19, $19, $19, DELIVERY Scrub-jay assessments will be scheduled in the order in which they are received. The fieldwork will be completed within the acceptable four (4) month monitoring season with the report to follow in three (3) months. Work on the project will be scheduled upon receipt of the signed and accepted proposal, including a Purchase Order number for submittal of monthly invoices. PAYMENT SCHEDULE AND TERMS The Client will be billed upon completion of the scope of work for all professional fees. The invoice will be due and payable upon receipt. The Client, as Owner or authorized agent for the Owner, agrees that payment will be made for said work upon receipt of invoice or no later than thirty (30) days from the date of the invoice, and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney's fees, whether action is brought or not. The Client hereby acknowledges that any revisions, deletions or additions to the scope of work for this project as described herein will be invoiced according to our standard hourly rates. No work outside the limits of this proposal will be commenced without prior Client consent. The Client also hereby acknowledges that an 18% per annum late charge will be added to all past due invoices. BKI PalmBayHCP-SJMonitoring pro

155 If the above proposal meets with your approval, please signify by signing the space provided below and return to our office along with your Purchase Order number for submittal of monthly invoices and initial start-up fees. If you should have further questions concerning the proposed work, please do not hesitate to contact us. We look forward to continuing our work with the City on this project. Respectfully, William W. Kerr President Attachments: Figures 1 and 2 Accepted by: Date: BKI Palm BayHCP-SJMonitoring pro

156 MEMO TO: r and Members of City Council FROM: DATE: SUBJECT: One (1) Appointment- Building and Construction Advisory Committee As you may recall, Craig Capion resigned from the above subject board. The vacancy has been announced at several regular Council meetings and applications solicited for same. This committee is comprised of members representing various fields in the building industry. The aforementioned individual represented the 'general contractor' position. Individuals with experience in the fields are preferred, but not required. The following application has been received : Diane Macaya 1384 Vandalia Avenue, SE As you will note, Ms. Macaya does not have experience in the field. Her experience is in Real Estate. The Realtor's position is held by Frederick Hartmann. The matter is presented to Council for the consideration of appointing one (1) member to the Building and Construction Advisory Committee, for the remainder of Mr. Capion's term which expires February 15, If you should have any questions, please advise. jed Attachments

157 IVIay L j 1 j Ub:4tip Greener Pastures Turf, Co Gl15l I p.2 APPLICATION FOR MEMBERSHIP CITY BCJ'ARDS OR COMMITTEES Office of The MAY City of Palm Bay 120 Mala bar Road Palm Bay, FL Phone: City Clerk Fax: Board/Committee Building and Construction Advisory Committee First Name: plane Middle: Last Name: ~acaya Home Address: Se vandalia Ave City. falm Bay State: IFL ZipCode: r2909 Phone Number (##Uti######): Fax Number(##########): jdiane@centralfloridateam.com Employment Employer: Re/Max Et1te & Greener Pastures Turf Corp Occupation: rrofessional Realtor/Owner-office mana Address: Remax-1155 Malabar Road suite 22 Palm Bay FI32909/G.Pastures 1798 Agora Circle City: ralm Bay State: jfl Zip Code: Phone Number (###Ul/##t##): Fax Number(##########): Greenerpastures@bellsouth.net/Diane@centralfloridateam.c.om!sa realtor my job duties are rent, buy, or sale properties for clients. Study property listings. Interview clients o see what types of properties they are looking for. Present all offers to buyers and sellers. I work with lenders, Job.... orne inspectors, pest control operators to make sure terms and cond itlons of purchase agreements are meet ResponstbthtJes: efore closing dates. Draw up real estate contracts. As Owner/office manager- Organizing office operations, erforming payroll duties, hiring employees, answering calls, filing paperwork. Education Type of School Name of School ijnd Location No. Years Completed Major or Degree HighSchool Braddock Senior High 4 College Bus. or Trade School Professional School Johmon & Wales Unversity 1 Bus. Administration Other Have you ever held a business tax receipt: (!) yes Q no If yes, please provide the following: ~------~ Title: ~wner/secretary of Corportion Issue Date: Issuing Authority: ~ity Of Palm Bay If any disciplinary action M.s been taken, please st;rte the type and date of the action taken: Disciplinary Action: Disciplinary Date: Continue on the next page

158 IVIay 0::: U:J:4bp Greener Pastures Turf, Co p.3 Are you a resident of the City? (!)yes Q no If yes, how long? Years jn Months~ How long have you been a resident of Brevard County? Years jn Months I Are you a United States citizen? (e yes (' no Are you a registered voter ofthe City? r. yes (' no Are you employed by the City'? (' yes le' no If yes, what department? Do you presendy serve on a City board(sl? (' yes l- no If yes, please list board(s): Have you previously served on a City board(s)? (' yes (e no If yes, please list board(s): Are you currently serving on a board. authority, commission for another governmental agency? (' yes (e no If yes, what agency and board? Have you ever been convicted or pled guilty to a criminal <harge or pled nolo contendere (no c~ntestl to a criminal chuge? (' yes \e no If yes, what charge? where; when; and disposition was: B Have your civil rights been restored? (' yes (' no Are you a member or participant of any community organizations? (' yes (' no Palm Bay Chamber If yes, please list What are your hobbies/interests? am currently working on opening a non profit organization for boxing/mma called Fight Tech Sports. We ra i~ pro fighters and amueture fighters. Take them all over the state to perform..a-11.d K 1 ds o.f+ -1-h'- S.'tr-ee+s 'h.clf \Leef' Why do you want to.serve on this board/committee? 1 have been a resident of Palm Bay for 13 years. I have ria sed my kids here seen this dty grow. I want to be part of the growth of this City, serve the communty, help the city grow and develope. Continue on the next page

159 May :46p Greener Pastures Turf, Co p.4 Section , florida Statutes, requires certain information on statutorily created boards to be filed on an annual basis. Please complete the following: Race: jhispanic-amerlcan El Gender: jfemale Physically Disabled: For Youth Advisory Board applications only: (Adult Advisory Member} Are you 30 years or older? (' yes r no APPLICANT CERTIFICATION By filing this application with the City of Palm Bay, 1 do hereby acknowledge the following: 1. This application, when completed and filed with the Office of the City Clerk, is a PUBLIC RECORD under Chapter 119, Florida Statutes, and is open to publk inspection. 2. I am responsible for keeping the information on this form current and that any changes or updates will be provided to the Office of the City Clerk consent to filing the Statement of Finandallnterests (Form 1) if required for this board r appointed to a board/committee, I acknowledge that it is my ob~igation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 1 12, Part Ill) Florida Sunshine Law (Florida Statutes, Chapter 286) 5. I understand the responsibilities associated with being a board/committee member, and I will have adequate time to serve on this board/committee. The information provided on this form is true and correct, and consent is hereby given to the City Council or its designated representative to verify any and/or all information provided. L-_s_u_b_m it_b~y_bm_. _a_i_l~l ~I P_ri_n_t_Fo_r_m ~

160 The City of ~ Florida ~!!!!!JY / TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Membe~h Susan Hann, P.E., City Mana 'e.f' Doug Muldoon, Police Chief June 18, Brevard County Byrne JAG Grant The Brevard County Sheriff's Office (BCSO) is requesting the Brevard County Commissioners approve the distribution of the Edward C. Byrne Memorial Justice Assistance Grant (JAG) award for Brevard County to the following project: Title of Project Prisoner Transportation Program Agency Sheriff's Office Amount $158,572 The Prisoner Transportation Program is for the coordinated transport of arrestees from all locations throughout the County to the County jail. BCSO currently provides 24 hours a day, 7 days a week transport of arrestees from the incorporated and unincorporated areas of the County, thereby drastically reducing the amount of time that police officers and deputies are out of their patrol zones. BCSO is requesting that the City of Palm Bay support the federal grant request. FISCAL IMPACT: None. RECOMMENDATION: Motion to authorize the City Manager to execute the correspondence, as required by the Florida Department of Law Enforcement. SH/tjl Attachment: 1) Letter of Support Approving the Allocation of the Byrne Grant K:\Management\Lefier\Agendaltems\June \FDLEByrneJAGGrantFY1314. doc

161 ~ The City of Florida ~.~Y June 19, 2013 Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL Dear Mr. Wilder: In compliance with State of Florida Rules and Regulations for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide, the City of Palm Bay, through action of the City Council on June 18, 2013, approves the distribution of Justice Assistance Grant funds for Fiscal Year 2014 for use as follows: Brevard County- $158,572 for the Prisoner Transportation Program This allocation, in the amount of $158,572, is fully supported by Palm Bay for use in this manner. Should you have any questions regarding this endorsement, please feel free to contact me at either or Sincerely, Susan Hann, P.E. City Manager /tjl cc: Doug Muldoon, Chief of Police K:\Management\C MSueHannl l ettersifdlebyrnejaggrantfy1 314A TT ACHMENT1.doc Office of the City Manager 120 Malabar Rood, SE Palm Boy, FL Phone: Fox: ~g ~ CntiU(D (01o!MUNIT1'

162 ~ The City of Flcrido ~~y TO: FROM: REQUESTING DEPT: Honorable Mayor and Membe Susan Hann, P.E., City Mana Doug Muldoon, Police Chief Lisa Morrell, Communications & Information Technology Director ~ DATE: June 18, 2013 RE: Bureau of Justice- JAG grant The Bureau of Justice has released our allocation under this formula grant for 2013 in the amount of $37,467. The application for funding must be submitted by July 9, It is the Police Chiefs recommendation, in cooperation with the Communications & Information Technology Director, to utilize this funding to replace many of the computers assigned to the administrative support staff. These computers range in age from and this funding would allow the replacement of at least 36 computers. FISCAL IMPACT: There is no fiscal impact for the JAG grant. RECOMMENDATION: Motion to authorize the Police Chief to apply for funding under this grant. LMN/tjl K:\Managementll eflemgendaltems\june2013\061813\jaggrantcop BF unding2013. doc

163 ~ The City of Florida ~!!!IY TO: FROM: REQUESTING DEPT: Susan Hann, P.E., City Mana Douglas Muldoon, Police Chief DATE: June 18, 2013 RE: School Resource Officer Contract Staff has applied for the 2013 Department of Justice COPS grant to fund 75% of four (4) School Resource Officer salaries for the next three (3) school years and have commitment letters from both Brevard County School District and Odyssey Jr./Sr. High School to pay the 25% match that is required for the grant. In the event that we are not awarded this grant, it is our intention to continue to fund the three (3) current positions that we now have, in partnership with Brevard County School District, as we have in the past. We do not yet know whether Odyssey will fund the 4 1 h position at 100% but we are working with them to determine that. If that occurs, a separate contract for Odyssey will be prepared. The contract is attached and is similar to previous School District SRO contracts, which include terms relating to planning, implementing, reporting and evaluating the program activities. Staff has met with School District staff and we will be working together to ensure the program is monitored appropriately. FISCAL IMPACT: The annualized cost of the program (salary and benefits for three officers for Brevard Public Schools) is approximately $198,467 with $93,000 contributed by the School District. The City's share will be funded through the Law Enforcement Trust Fund. Sufficient funds are currently available to designate for this purpose in FY 14. RECOMMENDATION: Motion to authorize the City Manager to execute the School Resource Officer contract for the school year and to designate the use of LETF funds for this purpose. SH/tjl Attachment: 1) School Resource Officer Contract K:\Management\Lefler\Agendaltems\June \SchooiResourceOfficerContractFY1314.doc

164 AGREEMENT THIS AGREEMENT, dated this day of, 2013, by and between THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, hereinafter called the BOARD, and the CITY OF Palm Bay, FLORIDA, hereinafter call~d the CITY. WITNESSETH: WHEREAS, the City Council at its Regular Council Meeting # held on,2013, duly approved this agreement: and, WHEREAS, the BOARD at its,, 2013, meeting duly approved this agreement: and, WHEREAS, the BOARD and the CITY desire to assign a school resource officer(s) to the campus( es) of Bayside High, Heritage High School, and Southwest Middle Schools, for a period of not more than 190 day school year and; WHEREAS, the BOARD finds and determines that the School Resource Officer (SRO) program will not interfere with the schools' programs and is in the best interest of the school system and the community; NOW, THEREFORE, for good and valuable consideration including the agreed-to charges, materials, and services outlined herein, plus the mutual covenants hereinafter set forth between the parties hereto and incorporated herein by reference, the BOARD and the CITY do hereby agree to the following terms and conditions, to wit: 1. This Agreement continues the SRO program effective Monday August 12, 2013 (for Bayside High School, Southwest Middle School and Heritage High) and will terminate on Friday May 30, 2014 unless further continued by mutual agreement of both parties prior to that date. Either party may terminate this Agreement upon 30 days written notice to the other party. Any termination of this Agreement will result in the return of funds equal to the proportionate amount of time remaining in the Agreement. 2. Reimbursement will be on a 190 school day basis, with the CITY placing (3) full time officers in the schools on August 12,2013 at a rate of$31,000 per officer for the contract term. 3. The BOARD and the CITY agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such from all claims for damages and injuries and all costs, damages, expenses and attorney's fees which either party may become obligated to pay as the result of errors or any acts or omissions of employees of either party in relation to the School Resource Officer Program, to the extent permitted by Section Florida Statutes. 4. The CITY agrees that this Agreement shall not be transferred or assigned to any other agency without the written permission of the BOARD. 5. The BOARD will provide an appropriate work space on the school campus, an adequate amount of supplies and clerical support as deemed necessary by the principal of the school. Payment to the CITY shall be made in three (3) installments according to the following schedule: November 5, 2013, January 28, 2014, and May 23, 2014 subject to proration in the event of termination. All Page I of7 Revised 4/23/13

165 invoices should be submitted to Andrea Alford, Director of District and School Security at 2700 Judge Fran Jamieson Way, Viera, FL The CITY agrees to the goals and guidelines stipulated in the attached Exhibits 1 and 2, which are incorporated by reference herein and made a part hereof as fully as if herein set forth. 7. The BOARD has designated the school principal and the CITY has designated the Chief of Police for the purpose of implementing the terms of this Agreement. 8. The term of this Agreement shall remain in effect from August 12, 2013 through May 30, 2014 or until the termination as provided herein. The BOARD and the CITY will open discussions regarding renewal for the school year on or before July 1, If any of the items or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 10. The parties understand and agree that the School Resource Officer in rendering services provided for by this Agreement is doing so as an employee of the CITY and not as an officer, agent or employee of the BOARD. 11. The parties understand and agree that the School Resource Officer(s) will comply with police regulations when in uniform. The SRO is not required to be in uniform to execute all duties as required by the school. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and agents the day and year first written above. CITY OF Palm Bay, FLORIDA ATTEST: THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA ATTEST: Sue Hann, City Manager/Deputy City Manager Barbara A. Murray, Ph. D., Chairman Alice Passmore, City Clerk Brian T. Binggeli, Ed.D., Superintendent APPROVED AS TO FORM BY: Harold T. Bistline, School Board Attorney Attachments: Exhibit I Exhibit 2 Page 2 of7 Revised 4/23/ 13

166 EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts oflaw enforcement. 4. To develop a better appreciation of citizens rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To annually evaluate the effectiveness of the program based on input from students, parents, the school staff, and the community, and submit a written report to the principal. 10. To provide materials and consultative assistance to teachers and parents on various law education topics. Page 3 of7

167 EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Palm Bay police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Palm Bay. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Director of District and School Security that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Director of District and School Security and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, Director of District and School Security, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Director of District and School Security and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Director of District and School Security and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. Page 4 of7

168 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Palm Bay to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for the SRO based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO' s normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law Page 5 of7

169 enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to inclass SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The Principal may adjust an SRO's schedule and assign the SRO to duties after regular school hours, such as sponsoring extracurricular events, chaperoning field trips, or other school activities, so long as they do not conflict with police department policy, the bargaining agreement between the city and police officers, or result in overtime expenses charged to the police department or the District. These after-school activities will be under the supervision of school personnel. The District will not compensate the SRO in an overtime capacity. (This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required). 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non-approved overtime expenses charged to the police department. 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. Page 6 of7

170 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bimonthly reports of activities to be reviewed by the Principal and SRO command staff. Overtime shall be approved in advance by the agency supervisor. Overtime shall be borne by the agency and NOT the District. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute (School Resource Officer Program). Page 7 of7

171 @?J The City of Florida ~!!!ty TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Members of the Susan Hann, P.E., City Manager James Stables, Fire Chief J ames R S Olvlt,ll)'ti9n«<by.l.-.net A.. St.lbk>t 2~:=;:~;:;~"'"'"'"".., Bobbye Marsala, Purchasing Manager :Bcbl~,.._ ~fjl,._ Yvonne McDonald, Finance Director ~ ~) 10:00:51 June 18, 2013 fl -o4'oo Approval of the Donation of Surplus Property/Fire Department Equipment- Brevard Community College- Fire Academy The Fire Department has surplus inventory which includes many items that are no longer in serviceable condition for their use. A request letter has been received from Brevard Community College Fire Training Academy for donation of several pieces of fire equipment. The request includes 1 0-Scott AV2000 Air Masks, 1 0-Pike Poles in assorted sizes and 17 -Haz Mat Suits. The condition of this equipment ranges from poor to fair. The Fire Academy has acknowledged the equipment condition and will not utilize unsafe items for training purposes. FISCAL IMPACT: The total estimated salvage value is about $240. RECOMMENDATION: Motion to approve the donation of the attached list of surplus fire equipment, to Brevard Community College, Fire Training Academy. BM/tjl Attachments: 1) Letter from Brevard Community College 2) Listing of Surplus Fire Equipment K:\Management\Lefler\Agenda ltems\june \surplusfireequipmentdonation T obcc FireAcademy.doc

172 BREVARD COMMUNITY COLLEGE WORLD WIDE, WORLO CLASS May 30,2013 President James H. Richey, J.D. Board oftrustees Alan H. Landman, Chair Dewey L. Harris, Vice Chair Stephen G. Charpentier Myra lgo Haley Moses Harvin, Sr. District Administration 1519 Clearlake Road Cocoa, Florida / Fax: 321/ Cocoa Campus 1519 Clearlake Road Cocoa, Florida / Fax: 321/ Melbourne Campus 3865 N. Wickham Road Melbourne, Florida / Fax: 321/ Palm Bay Campus 250 Community College Pkwy. Palm Bay, Florida / Fax: 321/ City of Palm Bay Purchasing Department C/0 Juanita Barden 120 Malabar Rd. S/E Palm Bay, FL Re: Surplus Fire Department Equipment Ms. Barden, It is my understanding that Palm Bay Fire Rescue has frre service equipment that is no longer in use and therefore being placed in surplus. As such, I would appreciate it if the City of Palm Bay would consider donating the equipment to Brevard Community College for use at the Fire Training Academy. In particular I am interested in the following items: A V2000 Air Mask Pike Poles HazMat Suits Value per unit: $02.00 Value per unit: $05.00 Value per unit: $10.00 This equipment will be used to train recruits and others in the field of frre operations. The continued support of the Fire Science Technology program by the City of Palm Bay is greatly appreciated and does not go unnoticed. It is further understood that some of the items are no longer serviceable and in poor condition, for which BCC does not hold the City of Palm Bay liable for these items which if found to be not usable for training purposes will be disposed of. Titusville Campus 1311 North U.S. 1 Titusville, Florida / Fax: 321/ Website Bestr~~ ~~ William Klein Fire&EMS Dept. Chair

173 Fire Department Surplus Property Donation Request to BCC Fire Academy June 18, 2013

174 LEG L JIVE E ORANDU The City of ~ Florida ~!!a-y TO: Honorable Mayor and Members FROM: DATE: RE: June 18, 2013 Amendment #2 to Settlement Agreement with Frank A. Ciolli Case No CA XXXX-XX The Council authorized a Settlement Agreement with Mr. Ciolli on November 1, 2012 and approved an amendment to extend the threshold dates to June 30, Staff has been working with Mr. Ciolli's representative to process a further extension through December 31, Staff has no objections to the extension as Mr. Ciolli has been maintaining the exterior of the premises in reasonable condition. FISCAL IMPACT: There is no fiscal impact associated with the extension. RECOMMENDATION: Motion to authorize the City Manager to execute Amendment #2 to the Settlement Agreement. SH/tjl Attachments: 1) Amendment #2 to Settlement Agreement K:\Management\Lefler\Agendaltems\June20 13\061813\F rankciollisettlementagreementamendment2. doc

175 IN THE CIRCUIT COURT OF THE EIGTEENTH JUDICIAL CIRCUIT BREVARD COUNTY, FLORIDA Case No CA :XXXX-XX CITY OF PALM BAY, A Florida Municipal Corporation, vs. Plaintiff, FRANK A. CIOLLI Defendant ~/ AMENDMENT #2 TO SETTLEMENT AGREEMENT COME NOW, the Plaintiff, CITY OF PALM BAY, a Florida Municipal Corporation, and the Defendant, FRANK A. CIOLLI, and stipulate and agree as follows: 1. They have reached an amicable resolution of their differences herein. 2. There are currently five separate code enforcement liens applicable to the real property at issue in this case, to wit 2170 Port Malabar Boulevard, N.E. Palm Bay, Florida and more particularly described as follows: The Northeasterly feet of the Southwesterly feet of Tract "G", PORT MALABAR UNIT FOUR, according to the Plat thereof, as recorded in Plat Book 14, Page 18, Public Records of Brevard County, 1

176 Florida, lying and being in the City of Palm Bay, Brevard County, Florida, and containing 3.78 acres, more or less. Subject to those certain mortgages in favor of General Development Corporation and Sun Bank, National Association, recorded in O.R. Book 2408, Page 1801 and O.R. Book 2416, Page 1394, respectfully, Public Records of Brevard County, Florida, which mortgages the grantee herein assumes and agrees to pay. Two of these liens are nuisance liens in the aggregate amount of $4,829.00, and three are Code Board liens in the aggregate amount of $489, which are continuing to accrue. Upon execution of this Agreement, fines and interest would no longer accrue on the Code Board liens. 3. No later than June 30December 31, 2013, Ciolli will pay the total amount of the nuisance liens in the amount of $4, in full satisfaction of the nuisance liens, and the total sum of$10, toward the Code Board liens. 4. Ciolli will maintain the property at all times in a neat and clean manner including maintenance of vegetation and exterior building maintenance. No later than June 30December 31, 2013, Ciolli will bring the property into full compliance with the requirements of the City Code as follows: a. Maintain the parking area; b. Removal of grass and weeds growing through parking area asphalt; c. Repair parking stops; 2

177 d. Restripe the parking lot; e. Replace missing or unreadable parking signs, stop s1gns and handicap signs; f. Repaint the exterior of the structure and render same free of mildew and rust; g. Repair or replace the fac;ade, the cedar siding, fascia and security lighting; h. Replace missing and required landscaping; 1. Repair all exterior doors and openings; J. Trim overgrown vegetation which 1s encroaching into the parking area; k. Repair the roof and clean the interior of the premises, so that the structure will be a shell; 1. Maintain or monitor the fire sprinkler system. Upon completion of these compliance requirements, the Code Board liens will be reduced by $125, Ciolli and/or his successor in title shall maintain the property without any code violations or correct any such violations within 30 days notice of same by the City. If the property is without Code Board violations or without Code Board 3

178 violations in existence for more than 30 days of provision of notice by the City to Ciolli for the period of three years, the Code Board liens shall be satisfied. 6. If Ciolli and/or his successor in title provides a redevelopment plan to the City prior to the expiration of the three year period in Section 5, the remaining Code Board liens shall be reduced as follows: a. Plan approved by City staff or Council if required: 20o/o of remaining Code Board liens as of settlement date; b. Construction commences: 40% of remaining Code Board liens as of settlement date; c. Certificate of Completion or Certificate of Occupancy: 100% of remaining Code Board liens as of settlement date. 7. Ciolli will, upon execution of this agreement, enter into a parking agreement allowing the City to use the parking lot on each Saturday from 7:00 A.M. to 10:00 A.M., from the first Saturday in September until the last Saturday in November, and for special events at Veteran's Park upon 14 days notice of those special events. The parking agreement is contingent upon the City providing and maintaining, at its cost and expense, general liability insurance coverage for the benefit of Ciolli and Ciolli's agents, representatives, directors, employees, assigns, or successors, in an amount not less than $1,000, combined single limit for personal injury, bodily injury, and property damage, arising out of or in any way 4

179 connected to the City's use or occupancy of the property for parking. The City will be named as additional insured on the policy. 8. The parking agreement shall not be binding upon Ciolli's successor in title and shall terminate upon Ciolli's sale of the property. 9. Upon execution of this Agreement, the instant action shall be dismissed with prejudice, with each party to bear their own attorney's fees and costs. CITY OF PALM BAY, A Florida Municipal Corporation Plaintiff Dated: FRANK A. CIOLLI Defendant Dated: 5

180 MEMO TO: and Members of City Council FROM: Alice Pass ity Clerk DATE: June 18, 201 SUBJECT: Florida League of Cities Annual Conference- August 15-17, 2013 Orlando, Florida a) Consideration of Councilmembers Attending the Conference: The Florida League of Cities gyth Annual Conference will be held at the World Center Marriott in Orlando, Florida on August 15-17, Councilmembers interested in attending need to announce same at tonight's meeting. If you are attending, you will be given a registration form to complete. Please return it to Rosemarie by Wednesday, June 19, so all travel arrangements can be made and hotel accommodations secured. The cost for this conference is approximately $ b) Recheduling the Second Regular Council Meeting in August As you may note, this is on the same date as the second regular Council meeting. If a majority of Council desires to attend, the Council meeting will have to be rescheduled. If rescheduled, the following date is suggested : TUESDAY August13,2013 c) Appointment of Voting Delegate: A voting delegate needs to be appointed by the City Council for the above conference. The delegate may be either an elected or appointed official. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Please announce which councilmembers will be attending the conference as well i;!s appointing a delegate. Council has a balance of $7,600 in its travel account. ras

181 2013 FLC Annual Conference Registration Form August 15-17, 2013 I World Center Marriott I Orlando Florida League of Cities I P.O. Box 1757 I Tallahassee, FL I (850) Fax (850) mhowe@flcities.com DELEGATE INFORMATION Name: ~~ First M.l. Last First Name or Nickname: --,- As You Wish to Appear on Badge Title: Affiliation: ::-::---:------:---::-----,---, City, County, Government or Company Mailing Address: -,--,--.,.,,..., ,--...,.,.,..--., ,----, Note: If you will be paying with a credit card below, please use the billing address for that card. City: State: Zip: Phone Number: Fax Number: Address Oorconfirmafions): ----,---~--,----,----, ,-----,----,---- Please provide the address of the person who should receive the confirmation. If you wish to receive updates onsite at conference, please provide us with your preferred personal e- mail address: First-Time Attendee? oyes ono Contact Person: GUEST INFORMATION (Please complete only if registering a guest for the conference.) Guest's Name: First Name: As You Wish to Appear on Badge Child's Name: Age: First Name: -----:-----:--::----:----..,.,.,...,.,.,..-- As You Wish to Appear on Badge Child's Name: Age: First Name: As You Wish to Appear on Badge Registration Fees No. Fee Total Fee City/County/Government _@ $375.00* $ Corporate $545.00* $ Guest Guest ( years) Guest (3-12 years) Exhibit Hall Pass _@$ $20.00 $ $15.00 $20.00 $ --- Optional Activities Saturday, August 17 Extra Luncheon Ticket Extra "Viva Florida 500" Ticket No. Fee Total $40.00 $ $50.00 $---- Total $ *Note: Registration fees will increase to $405 for government and $545 for corporate for all registrations done onsite. 12 Special Needs If you require special services, or have special dietary needs, please attach a written description to your registration form. Registration Registration form must be accompanied by payment made payable to Florida League of Cities. Mail this form to: Florida League of Cities, P.O. Box 1757.Tallahassee, FL Registration forms must be postmarked by July 31, Remember: You will not receive housing information until we have received your PAID registration. Fax Registration Fax registrations can be accepted with credit card payment. Fax to (850) Online Registration You can also register online by accessing the Florida League of Cities Web site at If you use this method, please do not send a hard copy registration form to the League. This will duplicate your registration information. Credit Card Information Credit Card type: omastercard ovisa Number: ~ Exp. Date: Account Name: Signature:

182 MEMO TO: Honorable Mem of City Council FROM: DATE: June 18, 201 SUBJECT: Florida League of Cities - Legislative Policy Committees The Florida League of Cities is starting its legislative policy process for The League is asking for participation by municipalities on its Legislative Policy Committees. The committees are: Energy and Environmental Quality Committee Finance, Taxation and Personnel Committee Growth Management and Economic Development Committee Taxation and Intergovernmental Relations Committee Urban Administration Committee Attached is information on each committee and its goal. The League is recommending that only one (1) elected official be represented on each committee, but the City can have both an elected and appointed city official on each of the five (5) committees. The dates and locations of the meetings are as follows: September 20, 2013 October 18, 2013 November 21, 2013 August 15, 2014 Hyatt Regency, Riverfront, Jacksonville Orlando World Center Marriott, Orlando Hyatt Regency Orlando International Airport Westin Diplomat, Hollywood Councilmembers who will be serving on a committee need to announce it at tonight's meeting. The appointment will also approve the travel for same. If you should have any questions, please advise. ras Attachment

183 Memorandum To: From: Date: Re: Florida League of Cities Membership C. Scott Dudley, Legislative Director Legislative Affairs June 3, 2013 FLC Legislative Policy Development Process The Florida League of Cities is pleased to announce the start of the League's legislative policy process for The policy committees develop the Leagues legislative priorities and help League staff understand the real world implications of proposed legislation. In an effort to get more cities involved, the League is requesting that each city be represented on one or more of the League's Legislative policy committees. Due to potential Sunshine Law issues, it is recommended that only one elected city official be represented on each committee, but a city could have both an elected and appointed city official on each of the five committees. This year, in an effort to better understand the areas of expertise of our policy committee members, we are asking applicants to provide a little more background information. Legislative Policy Committee Meeting Dates: September 20, Hyatt Regency Riverfront, Jacksonville October 18, Orlando World Center Marriott, Orlando November 21, Hyatt Regency Orlando International Airport (In conjunction with FLC Legislative Conference) August 15, Westin Diplomat, Hollywood (In conjunction with FLC Annual Conference) Attached is a listing of the five League policy committees and the issues that fall within the purview of those committees. Should you have any questions or require addi~ional information, please contact Rachel Tala at the League at (850) or by at rtala@flcities.com. We look forward to your city's involvement developing the Leagues legislative agenda for the 2014 Legislative Session. 301 South Bronaugh Street Post Office Box 1757 Tallahassee, FL Telephone (850) Suncom Fax (850) Website:

184 FLC Legislative Committees Energy & Environmental Quality Committee coastal management energy environmental permitting hazardous and toxic wastes recycling solid waste collection and disposal stormwater wastewater treatment and reuse water management water quality water quantity wetlands permitting Finance, Taxation and Personnel Committee general finance & tax issues home rule revenues infrastructure funding insurance local option revenues pension issue~ personnel and collective bargaining issues revenue sharing tax and budget reform workers' compensation Growth Management & Economic Development Committee charter sc:;ho..9ls community redevelopment economic development growth management and land use planning issues affordable housing/foreclosures special districts

185 Transportation and Intergovernmental Relations Committee annexation billboards charter counties eminent domain ethics/elections general utilities property rights rights-of-way sunshine law telecommunications tort liability transportation and highway safety Urban Administration Committee building & fire safety codes building codes and construction code enforcement homeland security public meetings public property management public safety

186 LEGI LATIVE E OR NDU TO: The City of Honorable Mayor and Members of ~ Florido ~~y FROM: DATE: June 18, 2013 RE: Training/Travel Authorization In accordance with Administrative Code 1-33, the following training and travel is requested to be authorized by the City Council. 1. Utilities Services Coordinator/Assistant Safety Coordinator to attend the Certified Occupational Safety Specialist Program in Orlando, Florida, from August 5-9, Estimated cost is $2, Police Captain to attend the 2013 Federal Bureau of Investigations National Academy Association Annual Training Conference in Orlando, Florida, from July 27-30, Estimated cost is $ Fire Lieutenant to attend the Florida Urban Search and Rescue Technician Level Rope Rescue class in Ocala, Florida, from August 4-8, Estimated cost is $ Deputy City Manager to attend the 2013 International City/County Management Association's 99 1 h Annual Conference in Boston, Massachusetts, from September 22-25, Estimated cost is $2, Assistant Public Works Director and Engineer II to attend the American Public Works Association Congress and Exposition in Chicago, Illinois, from August 25-28, Estimated cost is $3, Risk Manager to attend the 2013 Florida Public Human Resources Association Annual Conference in St. Augustine, Florida, from July 27-31, Estimated cost is $ Business Operations Division Manager to attend the 2013 Florida Public Human Resources Association Annual Conference in St. Augustine, Florida, from July 27-31, Estimated cost is $872. /tjl Attachments: 1) Memorandum from Utilities Director Dated June 5, ) Memorandum from Police Chief Dated June 6, ) Memorandum from Fire Chief Dated June 7, ) Memorandum from Deputy City Manager Dated June 6, ) Memorandum from Public Works Director Dated June 12, ) Memorandum from Deputy City Manager/Acting HR Director Dated June 13, ) Memorandum from Utilities Director Dated June 13, 2013 K:\Management\Lefter\Agenda ltems\june2013\061813\ Training& T rave1authorization doc

187 Palm Bay Utilities UTILITIES DEPARTMENT 250 Osmosis Drive, SE, Palm Bay, Florida (32 1) Fax (321) MEMO TO: Sue Hann, P.E. City Manager FROM: Dan Roberts, P.E. /!) ~ Utilities Director ~ DATE: June 5, 2013 SUBJECT: Certified Occupational Safety Specialist (COSS) Program The United Safety Council is offering a Certification as an Occupational Safety Specialist (COSS) August 5-9, Certified graduates of this program will be able to: determine the true cost of accidents; achieve OSHA "competent person" status; develop, implement, maintain company safety plans and manuals; perform risk analysis for key jobs and processes; identify hazards, determine regulatory requirements, identify root causes, implement corrective and preventive actions, train personnel in changes that are required; and calculate total recordable incident rates as well as countless other skills. Mr. Gundy is the Utilities Department's Assistant Safety Cooridator and develops, coordinates, and provides safety training. Attainment by Mr. Gundy of the COSS training will prove to be a benefit in reducing workplace hazards, improve the work environment, and potentially a reduction in the number of safety related incidents. The request for the 4 night hotel stay is allow the participant time to study the course work, complete daily homework assignment and prepare for quizzes, presentation, and final exam which are intergal parts to the successful completition of this course. There is approximately 3-4 hours of homework per night and 3 hours of travel that will extend the participant's workday to 15 hours if required to travel back and forth each day.

188 This training will be held at Orlando, FL and the following is a breakdown of the estimated expenses: Registration Hotel - 4 nights - 1 rooms Per diem - $280 Total $1, $2, Request for approval that Mr. Jon Grundy (Utilities Services Coordinator and Assistant Safety Coordinator) attend the United Safety Council Certified Occupational Safety Specialist Program being offered at Orlando, FL August 5-9, Attachment: Course Description CC: Chad Schultz Deputy City Manager

189 PALM BAY POLICE DEPARTMENT Building Partnerships for a Safer Community Interoffice Memorandum TO: FROM: DATE: RE: Sue Hann, City Manager Doug Muldoon, Chief of Police June 6, 2013 Travel - Police Department j}~ -r.;tt.l l I am requesting permission for the following employee to travel for business purposes: Captain Diana Blackledge to the 2013 Federal Bureau of Investigations National Academy Association (FBINAA) Annual Training Conference being held in Orlando, Florida July 27-30, Captain Blackledge is a graduate of the FBINAA and will receive updated training. The only cost involved in her attendance will be the registration fee of $500. Thank you and should you have any questions, please contact me.

190 PALM BAY FIRE-RESCUE Memorandum To: From: Date: June 7, 2013 Subject: Overnight Travel- Lt. James Hamor Requesting overnight travel authorization as below: Fire-Rescue requests permission for Lt. James Hamor to travel to the Florida State Fire College in Ocala, Florida, to attend a FLUSAR (Florida Urban Search and Rescue) Technician Level Rope Rescue class. This class is a continuation of training for FLUSAR. Lt. Hamor is a member of Palm Bay Fire-Rescue's USAR team, and wishes to further his knowledge in this area so as to enhance the performance of the team in an emergency. Lt. Hamor will stay in the dormitory at the college, and meals are provided by the school via the meal ticket. Class: FLUSAR Technician Level Rope Rescue Date(s) of Travel: August 4, 2013 to August 8, 2013 Registration: $ Meal Ticket: $ Dormitory Lodging: $75.00 Estimated Cost: $ Overnight Travel Hamor August 2013

191 City of Palm Bay City Manager's Office Interoffice Memorandum To: From: Date: RE: Susan Hann, P.E., City Manager Chad C. Shoultz, Deputy City Manager June 6, International City/County Management Association (ICMA) ggth Annual Conference I would like to request perm1ss1on to attend the ICMA Annual Conference from September 22-25, The conference will be held at the John B. Hynes Veterans Memorial Convention Center in Boston, Massachusetts. Funds to cover this conference were included in the City Manager's Office Training and Travel Account of the FY 13 budget. The cost breakdown is as follows: $ $ $ $ $ $ TOTAL $2, /tjl K:\Management\DCMChadShouttz\Memos\TraveiRequest20131CMAAnnuaiConference.doc ~ s.n.a.p. - CERTIFIED COMMUN I TY rra~\ plp!fl. e~7 Cl ' ""~..:;#' -~~ --

192 The City of ~ Florida ~!!!IY TO: FROM: DATE: RE: Sue Hann, P.E., City Manager Elia Twigg, P.E., Public Works Director June 12, 2013 Travel Request for Assistant Public Works Director and Engineer II to attend the American Public Works Association Congress & Exposition I am requesting authorization to send Amanda Millirons, Assistant Public Works Director, and Rachel Gerena, Engineer II, to the American Public Works Association Congress and Exposition. The event will be held in Chicago, Illinois from August 25-28, The congress will provide professional development, networking and training opportunities within one location. Amanda Millirons will be attending for professional development opportunities and to attend events related to her leadership roles within APWA. Ms. Millirons serves as the Central Florida Branch Vice Chairman. She is also a member of the National Young Professionals Network and the Florida Chapter Young Professionals' Chair. As a part of her leadership duties, she will be attending Young Professional events to represent the Florida Chapter. Rachel Gerena was accepted into the prestigious APWA Emerging Leaders Academy for the year. The class will be presenting their final project as an educational session. Participation in the conference is mandatory for all academy members. Both Ms. Millirons and Ms. Gerena will attend a variety of educational sessions on topics including but not limited to: leadership & management, emergency management, stormwater system management, sustainability, engineering technology and asset management. The total costs anticipated are the following: Registration (Young Professional Rate) Accommodations (1 hotel room) Per-diem and incidentals Airfare Total $ 1,000 $ 815 $ 640 $ 1,000 $3,455 Funding is available in the Public Works Department training and travel budgets.

193 ~ The City of F do ~~ City of Palm Bay City Manager's Office Interoffice Memorandum To: From: Sue Hann, P.E., City Manager Chad C. Shoultz, Deputy City Manager/Acting Human Resources Directo Date: June 13, 3013 RE: Travel Request Joyce Dias, Risk Manager, has requested to attend the 2013 Florida Public Human Resources Association (FPHRA) Annual Conference in St. Augustine, Florida. The conference is July 27, 2013 through July 31, The conference will provide the opportunity for continuing education to maintain her Professional in Human Resources (PHR) designation. The following are the estimated costs for the training and travel request: Registration Hotel (4 nights@ $149) Per Diem Total $385 $298* $189 $872 *Total hotel cost is estimated to be $596. It is anticipated that the hotel costs will be shared with the Business Operations Manager (Utilities Dept) who will also be attending the conference. cc: Joyce Dias, Risk Manager ~ /i.iwit"hflj ---- ~ s.n.a.p. - CERTIFIED COMMUNITY Pl Cl u. '... _