TUESDAY. October 14, :00 P.M. City Hall Council Chambers

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1 Mayor WILLIAM CAPOTE Deputy Mayor KEN GREENE 120 Malabar Road, SE - Palm Bay, FL ( ) Councilmembers KRISTINE ISNARDI MICHELE PACCIONE HARRY SANTIAGO JR. REGULAR COUNCIL MEETING NO TUESDAY October 14, :00 P.M. City Hall Council Chambers CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: 1. Four (4) vacancies on the Youth Advisory Board (represents students grades 9-12) One (1) vacancy on the Utilities Advisory Board (represents utility customer or resident ).++ 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 AND PROCLAMATIONS: 1. Recognizing volunteer for years of service on Planning and Zoning Board Nancy Domonousky. 2. Dysautonomia Awareness Month October DEPARTMENTAL REPORT: 1. Police Department update. ADOPTION OF MINUTES: * 1. Special Council Meeting No ; September 25, * 2. Regular Council Meeting No ; October 2, 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 - October 14, 2014 Page 2 of 3 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: 1. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 24, Block 611, Port Malabar Unit 13 (Case No. VE , Paul Perkins), for final reading. 2. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 2, Block 2408, Port Malabar Unit 45 (Case No. VE , Hampton Houston Lide), for final reading. 3. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, by including preliminary Planned Unit Developments to the applicability of Citizen Participation Plans (Case No. T , City of Palm Bay), for final reading. 4. Ordinance No , rezoning property located at the southeast corner of Malabar Road and Emerson Drive from RC (Restricted Commercial District) to CC (Community Commercial District (1.48 acres)(case No. Z , Cumberland Farms), for final reading. 5. Resolution No , granting a conditional use for retail automotive fuel sales in CC (Community Commercial District) zoning on property located at the southeast corner of Malabar Road and Emerson Drive (1.48 acres)(case No. CU , Cumberland Farms). 6. Ordinance No , amending the Code of Ordinances, Chapter 35, Finance Department, Subchapter Budget, by removing certain provisions in conflict with state law, for final reading. 7. Ordinance No , amending the Code of Ordinances, Chapter 179, Streets and Other Rights-of-Way, Subchapter Right-of-Way and Easement Use, in order to reflect the use of North America Vertical Datum 1988 elevation standards (Case No. T , City of Palm Bay), for first reading. 8. Ordinance No , amending the Code of Ordinances, Chapter 184, Subdivisions, by including a definition for North America Vertical Datum 88 (Case No. T , City of Palm Bay), for first reading. 9. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 26, Block 2326, Port Malabar Unit 44 (Case No. VE , James Flowers), for first reading. 10. Request by South Brevard Sharing Center for a variance to allow a proposed building addition to encroach the side corner setback in HC (Highway Commercial District) zoning (0.25 acres)(case No. V ). 11. Request by UMB Bank, N.A. as Trustee, to amend the City s Comprehensive Plan Future Land Use Map to change the designated use of property located south of and adjacent to Wyoming Drive, in the vicinity west of San Filippo Drive, from Public/Semi-Public Use to Commercial Use (24.00 acres)(case No. CP ) (RESCHEDULED TO P&Z 11/05/14). 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 - October 14, 2014 Page 3 of Request by UMB Bank, N.A. as Trustee, to rezone property located south of and adjacent to Wyoming Drive, in the vicinity west of San Filippo Drive, from RS-2 (Single Family Residential District) to CC (Community Commercial District) (24.00 acres)(case No. CPZ ) (RESCHEDULED TO P&Z 11/05/14). BOARD AND COMMITTEE REPORTS: PROCUREMENTS: Miscellaneous: * 1. "Other Agency" contracts utilized for the purchase of maintenance, repair and operating supplies (office supplies and safety shoes) City Departments ($278,000). * 2. Laserfiche software and services, purchasing authority Communications and Information Technology Department (Laserfiche - $38,425). * 3. CUES Cityworks module Utilities Department (CUES Inc. - $10,995 (sole source)). UNFINISHED AND OLD BUSINESS: 1. Appointment of one (1) member to the Community Development Advisory Board. 2. Appointment of one (1) member to the Recreation Advisory Board. COUNCIL BUSINESS: NEW BUSINESS: * 1. Consideration of travel and training for specified City employees. * 2. Consideration of donating City-owned property for the Homes for Warriors Program, 636 Cuxhaven Street NW (Lot 10, Block 2524, Port Malabar Unit 48). ADMINISTRATIVE AND LEGAL REPORTS: PUBLIC COMMENTS/RESPONSES: Speakers are limited to 3 minutes. 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.

4 CITY OF PALM BAY, FLORIDA SPECIAL COUNCIL MEETING NO Held on Thursday, the 25 th day of September 2014, 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 6:34 P.M. ROLL CALL: MAYOR: William Capote Present DEPUTY MAYOR: Ken Greene Present COUNCILMEMBER: Kristine Isnardi Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Harry Santiago Jr. Present CITY MANAGER: Sue Hann Present CITY ATTORNEY: Andrew Lannon Present DEPUTY CITY CLERK: Terese Jones Present PUBLIC HEARING: 1. Discussion of tax rate - City Manager. Mrs. Hann stated the proposed tax millage rate remained at the current tax rate of mils which was a 5.43% increase over the rolled-back rate of mils. She stated the reasons for the tax increase over the rolled-back rate were: 1) 0.25 mils dedicated to the road maintenance program; 2) increase in health insurance costs; and 3) 2.5% increase for employee compensation effective January 1, Millage rate and final budget for Fiscal Year The public hearing was opened. A resident commented on the road millage. The public hearing was closed. BUSINESS: 1. Resolution No , establishing fees, rates, and charges pursuant to the Code of Ordinances, Title III, Administration, Chapter 33, Fire Department. The City Attorney read the resolution in caption only.

5 City of Palm Bay, Florida Special Council Meeting No Minutes September 25, 2014 Page 2 of 5 Motion by Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 2. Resolution No , establishing fees, rates, and charges pursuant to the Code of Ordinances, Title III, Administration, Chapter 36, Parks and Recreation. The City Attorney read the resolution in caption only. Motion by Deputy Mayor Greene, seconded by Mrs. Isnardi, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 3. Resolution No , establishing fees, rates, and charges pursuant to the Code of Ordinances, Title XI, Business Regulations, Chapter 117, Alarm Systems; establishing other miscellaneous fees for the Police Department. The City Attorney read the resolution in caption only. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 4. Resolution No , establishing fees, rates, and charges pursuant to the Code of Ordinances, Title XVII, Land Development Code. The City Attorney read the resolution in caption only. Motion by Mr. Santiago, seconded by Deputy Mayor Greene, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 5. Resolution No , establishing fees, rates, and charges pursuant to the Code of Ordinances, for specified chapters and sections therein. The City Attorney read the resolution in caption only. Motion by Mrs. Paccione, seconded by Mrs. Isnardi, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor

6 City of Palm Bay, Florida Special Council Meeting No Minutes September 25, 2014 Page 3 of 5 Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 6. Resolution No , adopting Classification and Pay Plans and the Position Control Plan for employees of the City of Palm Bay. The City Attorney read the resolution in caption only. Motion by Mrs. Isnardi, seconded by Deputy Mayor Greene, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 7. Resolution No , adopting the Five-Year Community Investment Program for Fiscal Years through The City Attorney read the resolution in caption only. Motion by Deputy Mayor Greene, seconded by Mr. Santiago, to adopt Resolution No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 8. Resolution No , approving the millage rate for Fiscal Year The City Attorney read the resolution in caption only. Motion by Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Resolution No Mrs. Isnardi did not agree with employee increases being tied to the millage rate and wanted more funding towards roads. Mr. Santiago concurred. Deputy Mayor Greene stated most of the departments were funded through the general fund that was funded by the millage rate. He stated the budget had recently been amended to provide for a pay raise funded by the millage tax revenue. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Yea Nay Yea Nay

7 City of Palm Bay, Florida Special Council Meeting No Minutes September 25, 2014 Page 4 of 5 PUBLIC HEARINGS: 1. Ordinance No , amending the Code of Ordinances, Chapter 200, Utilities Code, by adjusting the rates, fees, and charges for the City s utilities system and services, 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 Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Ordinance No Mrs. Isnardi advised she would not support the ordinance due to the increases. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Yea Nay Yea Nay 2. Ordinance No , amending the Code of Ordinances, Chapter 201, Sewer Use, by adjusting the rates, fees, and charges for the City s utilities wastewater system, 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 Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Ordinance No Mrs. Isnardi advised she would not support the ordinance due to the increases. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Yea Nay Yea Nay 3. Ordinance No , amending the Code of Ordinances, Chapter 202, Reclaimed Water, by adjusting the rates, fees, and charges for reclaimed water, for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments.

8 City of Palm Bay, Florida Special Council Meeting No Minutes September 25, 2014 Page 5 of 5 Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, to adopt Ordinance No Mrs. Isnardi advised she would not support the ordinance due to the increases. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Yea Nay Yea Nay 4. Ordinance No , adopting the final budget for Fiscal Year , 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 Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Ordinance No Mrs. Isnardi would not support the budget as she felt more money should have been budgeted for infrastructure. Mr. Santiago concurred. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Yea Nay Yea Nay ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 7:11 P.M. ATTEST: William Capote, MAYOR Terese Jones, DEPUTY CITY CLERK

9 CITY OF PALM BAY, FLORIDA REGULAR COUNCIL MEETING NO Held on Thursday, the 2 nd day of October 2014, 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. Father Emmanuel Akalue, Our Lady of Grace, Palm Bay, gave the invocation, which was followed by the Pledge of Allegiance to the Flag. ROLL CALL: MAYOR: William Capote Present DEPUTY MAYOR: Ken Greene Present COUNCILMEMBER: Kristine Isnardi Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Harry Santiago Jr. Present CITY MANAGER: Sue Hann Present CITY ATTORNEY: Andrew Lannon Present DEPUTY CITY CLERK: Terese Jones Present CITY STAFF: Present was Chad Shoultz, Deputy City Manager. ANNOUNCEMENTS: Deputy Mayor Greene announced the following vacancies and terms expiring and solicited applications for same: 1. Four (4) vacancies on the Youth Advisory Board (represents students grades 9-12). 2. One (1) vacancy on the Utilities Advisory Board (represents utility customer or resident ). 3. One (1) vacancy on the Recreation Advisory Board. 4. One (1) vacancy on the Community Development Advisory Board (represents essential services personnel ). AGENDA REVISIONS: Mrs. Hann advised of the following: 1) Public Hearings, Item No. 5 - correction of the applicant s name; 2) New Business, Item No request to include use of the City s logo; and 3) Add under New Business as Item No a request from Viva Brevard to utilize the

10 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 2 of 11 City s mobile stage. CONSENT AGENDA: All items of business marked with an asterisk were considered under Consent Agenda and enacted by the following motion: Motion by Deputy Mayor Greene, seconded by Mrs. Isnardi, that the Consent Agenda be approved as presented with the removal of Item Nos. 3, 5, and 10, under New Business, from consent. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. RECOGNITIONS AND PROCLAMATIONS: Individuals were recognized and proclamations read. 1. Recognizing employees for their years of service with the City of Palm Bay. 2. United States Veterans, Prisoners of War and Missing in Action (POW/MIA) donation of flags to the City. 3. Florida Manufacturing Day October 3, Fire Prevention Week October 5-11, Red Ribbon Week October 23-31, Puerto Rican Day November 2, 2014; Puerto Rican Heritage Month October 6-November 19, Council concurred to consider Item No. 10, under New Business, at this time. 10. Consideration of request from United Third Bridge for the City to sponsor the Puerto Rican Day Parade. Staff Recommendation: Authorize sponsorship of the Puerto Rican Day Parade, with the exception of the request to utilize the stage at no cost. Motion by Mrs. Isnardi, seconded by Mrs. Paccione, to approve the request, including use of the City s logo. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. PRESENTATION: 1. Yvonne McDonald, Finance Director August 2014 financial report. Mrs. McDonald provided Council with an overview of the financial report for August.

11 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 3 of 11 ADOPTION OF MINUTES: * 1. Special Council Meeting No ; September 11, * 2. Regular Council Meeting No ; September 18, The minutes, considered under Consent Agenda, were approved as presented. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Individuals commented on various issues. PUBLIC HEARINGS: 1. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, by including preliminary Planned Unit Developments to the applicability of Citizen Participation Plans (Case No. T , City of Palm Bay), for first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mrs. Isnardi, seconded by Mr. Santiago, to approve Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 2. Ordinance No , rezoning property located at the southeast corner of Malabar Road and Emerson Drive from RC (Restricted Commercial District) to CC (Community Commercial District (1.48 acres)(case No. Z , Cumberland Farms), for first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. An adjacent business owner spoke in favor of the rezoning, but did not agree with the requested use of the property due to increased traffic and the dangers of same. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to approve Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea.

12 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 4 of Request by Cumberland Farms for a conditional use for retail automotive fuel sales in CC (Community Commercial District) zoning on property located at the southeast corner of Malabar Road and Emerson Drive (1.48 acres)(case No. CU ). The Planning and Zoning Board recommended that the request be approved subject to the Staff Report, with the condition that a traffic study be done with consideration to restricting northbound Emerson Drive traffic from right turns on a red traffic signal light; a detailed landscape plan include additional buffering at the north and west sides of the property; and that headlight glare issues be addressed. The public hearing was opened. The applicant presented the request to Council. Mrs. Isnardi expressed concern with regard to property ingress and egress. Mr. Watkins stated that if Council did not feel the applicant had met all the requirements of the City s Code, it had the option to table the item and request additional information or deny it altogether. The public hearing was closed. Motion by Mrs. Isnardi, seconded by Mrs. Paccione, to approve the request subject to the Staff Report. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 4. Request by Carmarthenshire Investment, LLC for a variance to allow an existing building to encroach into the side interior setback in CC (Community Commercial District) zoning (5.79 acres)(case No. V ). The Planning and Zoning Board recommended that the request be approved. The public hearing was opened. A representative for the applicant presented the request to Council. The public hearing was closed. Motion by Mrs. Paccione, seconded by Deputy Mayor Greene, to approve the request. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 5. Request by K&S Tender Care LLC for a variance to allow relief from the 1000-foot separation requirement for a proposed adult community residential home in RS-2 (Single Family Residential District) zoning (0.23 acres)(case No. V ). The Planning and Zoning Board recommended that the request be approved.

13 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 5 of 11 The public hearing was opened. The applicant presented the request to Council. Residents spoke against the request stating that there were no sidewalks, traffic would increase, and small children in the area would be at risk. The public hearing was closed. Motion by Mrs. Paccione, seconded by Mrs. Isnardi, to approve the request. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 6. Request by Maryam Ashraf for a conditional use for proposed commercial recreation in CC (Community Commercial District) zoning on property located in the vicinity northwest of the intersection of Malabar Road and Interstate 95 (15.15 acres)(case No. CU )(RESCHEDULED TO P&Z 10/01/14). 7. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 24, Block 611, Port Malabar Unit 13 (Case No. VE , Paul Perkins)(RESCHEDULED TO RCM 10/14/14). 8. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 2, Block 2408, Port Malabar Unit 45 (Case No. VE , Hampton Houston Lide) (RESCHEDULED TO RCM 10/14/14). 9. Request by Arcadia Games, LLC for a conditional use for proposed commercial recreation in CC (Community Commercial District) zoning on property located in the vicinity northwest of the intersection of Malabar Road and Interstate 95 (15.15 acres)(case No. CU )(WITHDRAWN). PROCUREMENTS: Award of Proposals: * 1. Home Modification Program administration RFP No Growth Management Department (Community Housing Initiatives, Inc. - $50,000). Staff Recommendation: Award the proposal for Home Modification Program Administration to Community Housing Initiatives, Inc. The item, considered under Consent Agenda, was approved as recommended by City staff. * 2. Printing services RFP No Communications and Information Technology Department (PIP Printing and PRIDE Enterprises - $55,139). Staff Recommendation: Award the proposal for printing services as follows: Category I and II (business cards and stationery) to PIP Printing, Palm Bay; Categories III VII (post cards, brochures, flyers, and specialty printing) to PRIDE Enterprises, Brandon, on an as needed basis for an estimated annual amount of $55,139.

14 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 6 of 11 The item, considered under Consent Agenda, was approved as recommended by City staff. * 3. Mowing maintenance, rights-of-way and corridor RFP No Public Works Department (Ground Professionals LLC - $143,962). Staff Recommendation: Conditionally award the proposal for mowing maintenance of rights-of-way and corridor to Ground Professionals LLC, Melbourne, in the amount of $143,962, subject to Council appropriation of funding and with the stipulation that the City may adjust quantities of work based on resources available and field conditions. The item, considered under Consent Agenda, was approved as recommended by City staff. Contract: * MHz radio maintenance agreement - Police and Fire Departments (Communications International, Inc. - $28,716). Staff Recommendation: Authorize the procurement of 800 MHz annual radio maintenance from Communications International, Inc., Vero Beach, for the annual estimated amount of $21,720 (Police Department) and $6,996 (Fire Department). The item, considered under Consent Agenda, was approved as recommended by City staff. Miscellaneous: * 1. Caterpillar parts and services Fleet Services Division (Ring Power Corporation - $125,000 (sole source)). Staff Recommendation: Approve the sole source annual purchase of operating materials, supplies and service for vehicle maintenance on an as needed basis as specified. The item, considered under Consent Agenda, was approved as recommended by City staff. * 2. Coagulant Utilities Department (Harcros Chemicals, Inc. - $50,000 (sole source)). Staff Recommendation: Authorize the sole source procurement of Coagulant from Harcros Chemicals, Inc., Tampa, in the amount of $50,000.

15 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 7 of 11 The item, considered under Consent Agenda, was approved as recommended by City staff. * 3. Other Agency contracts, uniforms (City of Tallahassee contract) Fire Department (Azar s Uniforms - $40,000). Staff Recommendation: Approve the purchase of firefighter uniforms utilizing the City of Tallahassee contract, from Azar s Uniforms, in the amount of $40,000. The item, considered under Consent Agenda, was approved as recommended by City staff. * 4. Other Agency contracts, heavy truck tires (Florida Sheriff s Association contract) Fleet Services Division (Boulevard Tire - $50,000). Staff Recommendation: Approve the purchase of heavy truck tires on an as needed basis utilizing the other agency contracts as specified. The item, considered under Consent Agenda, was approved as recommended by City staff. * 5. Emergency Medical Service supplies (Brevard County contract) Fire Department (Boundtree Medical - $43,000; Quad-Med - $15,000)(correction in amount awarded). Staff Recommendation: Approve the purchase of Fire Rescue Emergency Medical Supplies, utilizing the Brevard County contract, from Boundtree Medical, Chicago, Illinois, in the amount of $43,000; and Quad-Med, Jacksonville, in the amount of $15,000. The item, considered under Consent Agenda, was approved as recommended by City staff. * 6. Heavy equipment repair Public Works Department (Flagler Construction Equipment - $50,000). Staff Recommendation: Authorize the repair of the Champion motor grader by Flagler Construction Equipment, Orlando, for an estimated amount of $50,000. The item, considered under Consent Agenda, was approved as recommended by City staff. * 7. Firefighter physical exams, purchasing authority Human Resources Department (Life Extension Clinics, Inc. - $56,000).

16 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 8 of 11 Staff Recommendation: Authorize purchasing authority up to $56,000 for firefighter physicals with Life Extension Clinics, Inc. for Fiscal Year The item, considered under Consent Agenda, was approved as recommended by City staff. * 8. SunGard/H.T.E. software and services, purchasing authority Communications and Information Technology Department (Sungard/H.T.E. - $284,115). Staff Recommendation: Approve purchasing authority up to $284, for Sungard/H.T.E. software and services. The item, considered under Consent Agenda, was approved as recommended by City staff. UNFINISHED AND OLD BUSINESS: 1. Appointment of three (3) members to the Recreation Advisory Board. Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, to reappoint David Miller and Donald Curry, and appoint Michael Foley to the board. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 2. Appointment of one (1) member to the Code Enforcement Board. Motion by Deputy Mayor Greene, seconded by Mrs. Isnardi, to appoint Sheriz Khan to the board. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. COUNCIL BUSINESS: Councilmembers addressed various subject matters. 1. Mr. Santiago addressed the City s code on the erection of steel buildings and the requirement that they be painted for aesthetic reasons. He stated that with the new technology some of the steel was now coated, but the City still required it to be painted. He asked that the code be updated. Council concurred.

17 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 9 of 11 NEW BUSINESS: * 1. Resolution No , extending the commencement period for a conditional use granted for construction of an assisted living facility in IU (Institutional Use District) zoning on property located between Ruffin and Buffing Circles, in the vicinity east of Eldron Boulevard (20.2 acres)(case No. CU , DSG, LLC). The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. * 2. Resolution No , supporting the Space Coast Transportation Planning Organization in its effort to coordinate the creation of the quiet zone along a portion of the Florida East Coast Railway corridor. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. 3. Ordinance No , amending the Code of Ordinances, Chapter 35, Finance Department, Subchapter Budget, by removing certain provisions in conflict with state law. The City Attorney read the ordinance in caption only. Motion by Mr. Santiago, seconded by Mrs. Isnardi, to approve Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. * 4. Consideration of Memorandum of Understanding with the City of Cocoa for Community Housing Development Organization sponsored projects. Staff Recommendation: Authorize the City Manager to execute the Memorandum of Understanding. The item, considered under Consent Agenda, was approved as recommended by City staff. 5. Consideration of deferring the donation of City-owned property for the Homes for Warriors Program, 665 Americana Boulevard, NE (Lot 2, Block 240, Port Malabar Unit 8). Staff Recommendation: Defer donation of property and authorize the City Attorney and City Manager to negotiate a settlement with an heir to the prior property owner.

18 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 10 of 11 Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, to defer the donation of property. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. * 6. Consideration of expenditures from the Palm Bay Police Department's Law Enforcement Trust Fund ($20,000). Staff Recommendation: Approve the expenditure and authorize issuance of a purchase order for $20,000 to Frese Hansen for the purposes as requested from the Law Enforcement Trust Fund. The item, considered under Consent Agenda, was approved as recommended by City staff. * 7. Consideration of the disposal of City capital surplus property. Staff Recommendation: Approve the disposal of the capital surplus property as requested. The item, considered under Consent Agenda, was approved as recommended by City staff. * 8. 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. * 9. Acknowledgement of the City s monthly financial report for August The item, considered under Consent Agenda, was acknowledged by the City Council. 10. Consideration of request from United Third Bridge for the City to sponsor the Puerto Rican Day Parade. The item was considered earlier in the meeting under Recognitions and Proclamations. *11. Consideration of scheduling a special Council meeting to certify the November 4, 2014, regular municipal election results; administering oath of office to elected officials.

19 City of Palm Bay, Florida Regular Council Meeting No Minutes October 2, 2014 Page 11 of 11 Staff Recommendation: Schedule the special Council Meeting for Tuesday, November 18, 2014, at 6:30 P.M. The item, considered under Consent Agenda, was approved as recommended by City staff. 12. Consideration of councilmembers attending the 54 th Annual Legislative Conference in Orlando, November 13-14, Mayor Capote would be attending the conference. *13. Consideration of request from Viva Brevard to utilize the City s mobile stage for its Viva Brevard Festival event. Staff Recommendation: Authorize the stage rental as requested. The item, considered under Consent Agenda, was approved as recommended by City staff. ADMINISTRATIVE AND LEGAL REPORTS: There were no reports. PUBLIC COMMENTS/RESPONSES: Individuals commented on various issues. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 10:15 P.M. ATTEST: William Capote, MAYOR Terese Jones, DEPUTY CITY CLERK * Identifies items considered under the heading of Consent Agenda. Indicates quasi-judicial proceeding. Indicates item was considered out of sequence or added to the agenda.

20 MEMO TO: Honorable Mayor and Members of City Council FROM: DATE: SUBJECT: Ordinance Nos , , Ordinance No , Resolution No Ordinance No 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. Resolution No has been added after Ordinance No as it is the conditional use requested at the last meeting for the same property being rezoned by Ordinance No If you should have any questions or desire additional information, please advise. tmj

21 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 24, BLOCK 611, PORT MALABAR UNIT 13, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 56, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Paul Perkins has requested the City of Palm Bay, Florida, to vacate a portion of a certain public utility and drainage easement, which portion is legally described herein, and WHEREAS, the vacation and abandonment of said portion of the public utility and drainage easement will neither adversely affect nor benefit the public. 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 of the City of Palm Bay hereby vacates and abandons a portion of the rear public utility and drainage easement located within Lot 24, Block 611, Port Malabar Unit 13, according to the plat thereof as recorded in Plat Book 15, Page 56, of the Public Records of Brevard County, Florida, Section 36, Township 28S, Range 36E, being more particularly described as follows: The south feet of the north feet less the east and west 6.00 feet thereof of said Lot 24, Block 611; containing square feet, more or less. SECTION 2. The provisions within this ordinance shall take effect immediately upon the enactment date.

22 City of Palm Bay, Florida Ordinance No Page 2 of 2 Read in title only at Meeting No , held on September 18, 2014, and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Applicant: Case No.: Paul Perkins VE cc: (date) Applicant Case File B/C Recording

23 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 2, BLOCK 2408, PORT MALABAR UNIT 45, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 13, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Paul Perkins has requested the City of Palm Bay, Florida, to vacate a portion of a certain public utility and drainage easement, which portion is legally described herein, and WHEREAS, the vacation and abandonment of said portion of the public utility and drainage easement will neither adversely affect nor benefit the public. 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 of the City of Palm Bay hereby vacates and abandons a portion of the rear public utility and drainage easement located within Lot 2, Block 2408, Port Malabar Unit 45, according to the plat thereof as recorded in Plat Book 22, Page 13, of the Public Records of Brevard County, Florida, Section 38, Township 28S, Range 37E, being more particularly described as follows: Commence at the southeast corner of said Lot 2, and run N W, along the east line of Lot 2, a distance of feet; thence S W, a distance of 6.00 feet to the Point of Beginning of the following described parcel; thence continue S W, a distance of feet to the point of curvature of a curve concave northwesterly having a radius of feet; thence southwesterly along the arc of said curve a distance of feet through a central angle of , said curve having a chord bearing of S w and a chord distance of feet; thence S E, a distance of feet to a point on a curve concave northwesterly having a radius of feet; thence northeasterly along the arc of said curve a distance of feet through a central angle of , said curve having a chord bearing of N E and a chord distance of feet; thence N E a distance of feet; thence N W a distance of feet to the Point of Beginning; containing 1,438 square feet or 0.03 acres, more or less.

24 City of Palm Bay, Florida Ordinance No Page 2 of 2 SECTION 2. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on September 18, 2014, and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Applicant: Case No.: Hampton Houston Lide VE cc: (date) Applicant Case File B/C Recording

25 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 169, LAND DEVELOPMENT CODE, BY INCLUDING PRELIMINARY PLANNED UNIT DEVELOPMENTS TO THE APPLICABILITY OF THE CITIZEN PARTICIPATION PLAN; 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 169, Land Development Code, Section , Citizen Participation Plans, is hereby amended and shall henceforth read as follows: Section CITIZEN PARTICIPATION PLANS. (B) Applicability. * * * (1) Every application for development that requires a preliminary subdivision approval, preliminary planned unit development, land use change of more than five (5) acres, a conditional use or results in a land use of five (5) or more units per acre shall include a citizen participation plan that must be implemented prior to the first public hearing or notice of public review and comment period on an administrative application. * * * 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.

26 City of Palm Bay, Florida Ordinance No Page 2 of 2 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 October 2, 2014; 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 cc: (date) Case File

27 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 RC (RESTRICTED COMMERCIAL DISTRICT) TO CC (COMMUNITY COMMERCIAL DISTRICT); WHICH PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF MALABAR ROAD AND EMERSON 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 RC (Restricted Commercial District) to CC (Community Commercial District), being legally described as follows: Lots 9, 10, 11, 12, 13 and 14, Block 305, Port Malabar Unit 9, according to the plat thereof as recorded in Plat Book 15, Page 3, of the Public Records of Brevard County, Florida; containing 1.48 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 date. Read in title only at Meeting No , held on October 2, 2014; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK

28 RESOLUTION NO A RESOLUTION OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, GRANTING A CONDITIONAL USE FOR RETAIL AUTOMOTIVE GAS/FUEL SALES IN CC (COMMUNITY COMMERCIAL DISTRICT) ZONING; WHICH PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF MALABAR ROAD AND EMERSON DRIVE, AND LEGALLY DESCRIBED HEREIN; GRANTING THE USE AS A CONDITIONAL USE; PROVIDING FOR CONSTRUCTION TO BE IN COMPLIANCE WITH THE SITE PLAN; PROVIDING FOR A COMMENCEMENT PERIOD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, application for a conditional use in CC (Community Commercial District) zoning to permit retail automotive gas/fuel sales on property legally described herein, has been made by Cumberland Farms, and WHEREAS, the request was duly considered by the Planning and Zoning Board of the City of Palm Bay on September 3, 2014, which voted to recommend to the City Council approval, and WHEREAS, all provisions applicable to the conditional use under Chapter 185, Zoning, Conditional Uses, Sections and , and District Regulations, Section , of the Palm Bay Code of Ordinances, have been addressed by the applicant, and WHEREAS, the City Council of the City of Palm Bay has determined that such conditional use will neither be injurious to the neighborhood nor otherwise detrimental to the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City Council of the City of Palm Bay hereby grants a conditional use for retail automotive gas/fuel sales on property zoned CC (Community Commercial District), which property is legally described as follows:

29 City of Palm Bay, Florida Resolution No Page 2 of 3 Lots 9, 10, 11, 12, 13 and 14, Block 305, Port Malabar Unit 9, according to the plat thereof as recorded in Plat Book 15, Page 3, of the Public Records of Brevard County, Florida; containing 1.48 acres, more or less. the following: SECTION 2. The conditional use is granted subject to the applicant complying with 1) Constructing the structures relevant to retail automotive gas/fuel sales in accordance with the site plan which is, by reference, incorporated herein as Exhibit A. 2) The Land Development Division Staff Report which is, by reference, incorporated herein as Exhibit B. 3) All provisions of the Code of Ordinances of the City of Palm Bay and all other state and federal rules, regulations, and statutes. SECTION 3. A. The conditional use must be commenced within one (1) year from the effective date of this resolution. Commencement shall mean the issuance of a building permit which must remain active. Failure to commence such construction within one (1) year shall void the conditional use. B. Failure to make payment of the business tax within one (1) year shall void the conditional use. SECTION 4. This Resolution shall take effect immediately upon the enactment date. This resolution was duly enacted at Meeting No , of the City Council of the City of Palm Bay, Brevard County, Florida, held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK

30 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE III, ADMINISTRATION, CHAPTER 35, FINANCE DEPARTMENT, SUBCHAPTER BUDGET, BY REMOVING CERTAIN PROVISIONS IN CONFLICT WITH STATE LAW; 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 III, Finance Department, Subchapter Budget, Section , Adoption, is hereby amended and shall henceforth read as follows: Section ADOPTION. * * * (C) Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the 27th day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as corrected to that point in time shall be deemed to have been finally adopted by the Council. 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.

31 City of Palm Bay, Florida Ordinance No Page 2 of 2 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 October 2, 2014; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

32 MEMO TO: Honorable M yor and Members of City Council FROM: DATE: SUBJECT: Textual mendment- City of Palm Bay The City of Palm Bay has submitted an application for a textual amendment to the Code of Ordinances in order to update and reflect the use of North American Vertical Datum 1988 elevation standards. The request is to amend the following chapters: 1) Chapter 179, Streets and Other Rights-of-Way, Subchapter 'Right-of-Way and Easement Use' (Ordinance No ); and 2) Chapter 184, Subdivisions (Ordinance No ). Staff Findings: The amendment was prepared by the Public Works and Growth Management Departments and is recommended for approval. Planning and Zoning Board Recommendation: Unanimous approval of the request. Ordinance Nos and have been prepared for consideration at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. T

33 ~ Tho Oty cl Florida Palm Bay A Perfect Ploce 1o Grow TEXTUAL AMENDMENT APPLICATION Land Development Division 120 Malabar Road SE Palm Bay, FL Landdevelopment@palmbayflorida.org 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 2) ORDINANCE SECTION PROPOSED TO BE CHANGED: Chapter 179, Streets and Other Rights of Way, Section , Permit Procedures and Reg. ; Chapter 184, Subdivisions, Section , Definitions 3) PROPOSED LANGUAGE (attach addendum if necessary):_s=-e=-=e=-a=t=ta::..=c.:...:.he=-d= ) 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

34 CITY OF PALM BAY, FLORIDA TEXTUAL AMENDMENT APPLICATION 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 DECLARE THAT I HAVE READ THE FOREGOING TEXTUAL AMENDMENT APP AND HAT THE C STATED 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

35 ~ The City ol Florida Palm Ray A Perfect Place to Grow CITY OF PALM BAY DATE: CASE#: October 1, 2014 T LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: A textual amendment is requested in order to amend the Land Development Code, Chapter 179: Streets and Other Rights of Way, Right of Way and Easement Use, Section Permit Procedures and Requirements and Chapter 184, Subdivisions, Section , Definitions in order to update the sections to reflect the use ofnorth America Vertical Datum 1988 elevation standards. CODE CITATION: Section (D) & (E); Section LOCATION: Citywide. APPLICANT: City of Palm Bay Growth Management Department. COMPLIANCE WITH THE COMPREHENSIVE PLAN: Not specifically addressed.

36 CASE NO. T October 1, 2014 PAGE2 BACKGROUND: 1. A textual amendment is requested in order to amend the Land Development Code, Chapter 179: Streets and Other Rights of Way, Right of Way and Easement Use, Section Permit Procedures and Requirements and Chapter 184, Subdivisions, Section , Definitions in order to update the sections to reflect the use of North America Vertical Datum 1988 elevation standards. 2. The proposed amendment was drafted by the Public Works Department. 3. The applicant for this request is the City of Palm Bay Growth Management Department. ANALYSIS: 1. The City proposes to modify Section in order to permit use of North American Vertical Datum 1988 (NA VD 1988) elevation standards in addition to the long standing National Geodetic Vertical Datum 1929 (NGVD 1929) elevation standard provided a conversion factor is included with the plans. 2. The proposed ordinance also updates the definition section in the Subdivision Code to define NAVD Vertical datum standards are established for the United States by the National Oceanic and Atmospheric Administration (NOAA). NAVD 1988 is the established standard for North America, including the United States. NGVD 1929 was the previous standard. 4. Conversion factors are complicated and vary by location. Therefore, provision of those conversion factors is being required to be included on plans. STAFF FINDINGS: This amendment was prepared by the Public Works Department and the Growth Management Department and is recommended for approval.

37 PROPOSED LANGUAGE CHAPTER 179: STREETS AND OTHER RIGHTS OF WAY Right of Way and Easement Use Section , Permit Procedures and Requirements (D) Design plan. All applicants shall submit, with the permit application, a duplicate set of design plans folded to a size not to exceed eight and one-half (8 ~ ) x fourteen (14) inches. The design plans shall describe the following: materials to be used, type, quantities, pipe, conduit or cable size; pipe schedule if applicable or wall thickness, use of pipe or cable (power with voltage, gas with maximum allowable operating pressure, and the like) and all other pertinent details. One (1) or more typical cross-sections and/or profiles and plan views adequately reflecting the location of the improvement shall be shown. In all cases, dimensions shall be referenced from the right-of-way or easement line in addition to any other dimensions that may be shown. All existing improvements located within the work area shall be shown. If proposed improvements involve only one (1) side of the right-of-way, only the existing improvements on that side of the right-of-way need to be shown. The minimum vertical clearance above or below the pavement and grade shall be shown. In all cases, permittees shall list all right-of-way and easement users that may be affected and notify each of them by providing a copy of the permit application and a schematic installation plan of the proposed improvement. A simple key map showing the location of the improvement along with the proper Port Malabar Unit number or subdivision name, which-ever is applicable, shall be included. In addition to the above requirements, any proposed improvements that consist of any of the following shall require a design plan at a minimum scale of one (1) inch equals fifty (50) feet and all references to grade and drainage elevations shall be NGVD Elevations may be in NAVD 1988 if so designated on plans and must include a conversion factor to NGVD (1) A water or gas main six (6) inches or larger in diameter. (2) A sanitary force main six (6) inches or larger in diameter. (3) Electrical distribution line or telecommunication lines or community antenna television (CATV), cable plants when any have a cable or conduit size six (6) inches or larger in diameter. ( 4) Gravity sewer mains. (5) Improvements requiring a trench line excavation width larger than eighteen (18) inches. (E) As-built. The as-built site plan shall be at a minimum scale of one (1) inch equals fifty (50) feet and all references to grade and drainage elevations shall be NGVD Elevations may be in NAVD 1988 if so designated on plans and must include a conversion factor to NGVD As-builts shall include a plan view elevation and location of affected drainage swales, culverts, manhole rims, roads, curbs and any other similar improvements. As-built site plans shall be required for any of the following circumstances and shall be supplied to the city prior to the permit expiration: (1) Water or gas main six (6) inches or larger in diameter. (2) Sanitary force main six (6) inches or larger in diameter.

38 (3) Electrical distribution lines or telecommunication lines or community antenna television (CATV), cable plants with a cable or conduit size six (6) inches or larger in diameter. (4) Gravity sewer mains. (5) Improvements requiring a trench line excavation width larger than eighteen (18) inches. CHAPTER 184: SUBDIVISIONS Section , Definitions (add a new definition between (25) and {26)) N.A. V.D. 88. The North American Vertical Datum of 1988.

39 PLANNING AND ZONING BOARD RECOMMENDATION Due to the Planning and Zoning Board minutes not being fully transcribed, only an excerpt of the minutes is being provided at this time. Staff Findings: (Staff s findings have not changed.) The amendment was prepared by the Public Works and Growth Management Departments and is recommended for approval. Planning and Zoning Board Recommendation: Motion by Mr. Piatkowski, seconded by Mr. Pezzillo to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 179: Streets and Other Rights of Way, to modify Section , Permit Procedures and Requirements, subsections (D) Design plan and (E) As-built, in order to allow for elevations in NAVD 1988 with a conversion factor to NGVD 1929; and to modify Chapter 184: Subdivisions, Section , Definitions, in order to add a new definition for NAVD 88. The motion carried with members voting unanimously. tmj Case No. T

40 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 179, STREETS AND OTHER RIGHTS-OF-WAY, SUBCHAPTER RIGHT-OF-WAY AND EASEMENT USE, IN ORDER TO REFLECT THE USE OF NORTH AMERICA VERTICAL DATUM 1988 ELEVATION STANDARDS; 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 179, Streets and Other Rights-of-Way, Subchapter Right-of- Way and Easement Use, Section , Permit Procedures and Requirements, is hereby amended and shall henceforth read as follows: Section PERMIT PROCEDURES AND REQUIREMENTS. Application for a permit shall be made to the public works department on forms provided. The application shall meet the following requirements: * * * (D) Design plan. All applicants shall submit, with the permit application, a duplicate set of design plans folded to a size not to exceed eight and one-half (8½) fourteen (14) inches. The design plans shall describe the following: materials to be used, type, quantities, pipe, conduit or cable size; pipe schedule if applicable or wall thickness, use of pipe or cable (power with voltage, gas with maximum allowable operating pressure, and the like) and all other pertinent details. One (1) or more typical cross-sections and/or profiles and plan views adequately reflecting the location of the improvement shall be shown. In all cases, dimensions shall be referenced from the right-of-way or easement line in addition to any other dimensions that may be shown. All existing improvements located within the work area shall be shown. If proposed improvements involve only one (1) side of the right-of-way, only the existing improvements on that side of the right-of-way need to be shown. The minimum vertical clearance above or below the pavement and grade shall be shown. In all cases, permittees shall list all right-of-way and easement users that may be affected and notify each of them by providing a copy of the permit application and a schematic installation plan of the proposed improvement. A simple key map showing the location of the improvement along

41 City of Palm Bay, Florida Ordinance No Page 2 of 3 with the proper Port Malabar Unit number or subdivision name, which-ever is applicable, shall be included. In addition to the above requirements, any proposed improvements that consist of any of the following shall require a design plan at a minimum scale of one (1) inch equals fifty (50) feet and all references to grade and drainage elevations shall be NGVD Elevations may be in NAVD 1988 if so designated on plans and must include a conversion factor to NGVD * * * (E) As-built. The as-built site plan shall be at a minimum scale of one (1) inch equals fifty (50) feet and all references to grade and drainage elevations shall be NGVD Elevations may be in NAVD 1988 if so designated on plans and must include a conversion factor to NGVD As-builts shall include a plan view elevation and location of affected drainage swales, culverts, manhole rims, roads, curbs and any other similar improvements. As-built site plans shall be required for any of the following circumstances and shall be supplied to the city prior to the permit expiration: * * * 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 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.

42 City of Palm Bay, Florida Ordinance No Page 3 of 3 SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2014; 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 cc: (date) Case File

43 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 184, SUBDIVISIONS, BY INCLUDING A DEFINITION FOR NORTH AMERICA VERTICAL DATUM 88; 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 184, Subdivisions, Section , Definitions, is hereby amended and shall henceforth read as follows: Section DEFINITIONS. * * * (B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. * * * (25) METES AND BOUNDS. A land description method that details all the boundary lines of land, together with their terminal points and angles. (26) N.A.V.D. 88. The North American Vertical Datum of (267) N.G.V.D. 29. The National Geodetic Vertical Datum of (278) P.C.P. A permanent control point as defined in Fla. Stat. Chapter 177. (289) PEDESTRIAN WAY (PEDWAY). A transportation facility designed for use by pedestrians which may also be used by other forms of nonmotorized transportation. (2930) PRELIMINARY SUBDIVISION PLAT. A map indicating the proposed layout of a development and related information that is submitted for preliminary approval. Chapter 177. (301) P.R.M. A permanent reference monument as defined in Fla. Stat.

44 City of Palm Bay, Florida Ordinance No Page 2 of 3 (312) PUBLIC IMPROVEMENTS. Those improvements required for use by the general public, including but not limited to streets, sidewalks, drainage, preservation areas and other easements and rights-of-way, street signs or water and sewer facilities. (323) REGISTERED ENGINEER. An engineer properly licensed and registered in the state. (334) REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state. (345) RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. (356) RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. (367) SUBDIVIDER. The owner of record or his/her authorized representative of a tract of land that is to be used as a subdivision within the scope of this subchapter. (378) SUBDIVISION. The division of a parcel of land, whether improved or unimproved, into three or more contiguous lots of parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than five (5) acres which all have minimum street frontage and do not involve any change in street lines or public easements of whatsoever kind may be deemed not to be a subdivision within the meaning of this chapter. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. (389) TOPOGRAPHICAL MAP/SURVEY. A map/survey that represents the physical features of an area. Refer to Section 61G (m), F.A.C. (3940) TRACT. The total actual parcel of land that is being divided into a subdivision. TRACT may also refer to a smaller parcel of land platted for other purposes than a residential building lot; including but not limited to; retention areas, landscape and/or recreational areas. (401) UNDUE HARDSHIP. A hardship which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant. * * *

45 City of Palm Bay, Florida Ordinance No Page 3 of 3 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 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, 2014; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Reviewed by CAO:

46 MEMO TO: FROM: Honorable Mayor and Members of City Council Alice Passm DATE: October 14, SUBJECT: Request to Vacate Easement - James Flowers James Flowers has submitted an application to vacate a portion of the rear twenty (20) foot public utility and drainage easement located within Lot 26, Block 2326, Port Malabar Unit 44, to allow for a proposed pool. Staff Recommendation: Approval of the request, per the analysis section of the Staff Report. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. VE

47 . ~ 1loc Cily.f - Ibid. PaJmR~ APdcll'l<xe~J REQUEST TO VACATE EASEMENT/DRAINAGE RIGHTS-OF-WAY Land Development Division 5240 Babcock Street, NE, SuHe 300 Palm Bay, FL Landdev@palmbayftorida.org This application must be completed, legible, and returned, with all attachments referred to herein, to the Land Development Division, Palm Bay, Florida. The request will be reviewed by City staff and scheduled before the City Council. A minimum of eight (8) weeks is required to process the application. You or your representative are required to attend the hearing, and will be notified by mail of the date of the meeting. The meeting will be held at 7:00p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) ::SQme_~.:J l,~e..~ ~\owe 5 ADDRESS ~lao Q),c, \\off\ G.aJe \... Nw CITY? ~M '6 ~'::1 STATE 't- :..,.:cl._o--'-~--" ={)~A.:_...: zip 3 d,.q 0 ":t G.e..\\ HOME PHONE # 3d-\- C{'S ~- 53-::}() BUSINESS PHONE# 3 ~~- (o <5 d. - --=1- I 5 'f FAX# ADDRESS 2- ~o~..... ~.r~ '3d-\ e: ~M~,\, lch'~ 2) LEGAL DESCRIPTION, PREPARED BY A CERTIFIED SURVEYOR, OF THAT PORTION OF THE EASEMENT REQUESTING TO BE VACATED UPON WHICH THE ENCROACHMENT IS PROPOSED OR CURRENTLY EXISTS:? \e.a..~ s s:.-e... ~rvw.ry\=: ~c! -l Se_c._ SECT I 0 N..._.~'-=--- ~-'----TOWNS HI P.s;.;& z:::::._:~:::.. : CS==-- RANGE _ --..::.3=--<o t:....,.- 3) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): Sq..f-\- c()~~ DI~ " PSL re...s 4) ZONING CLASSIFICATION AT PRESENT (ex.: CC, RS-2, etc.) : ~:...>...:;: ~_-...:d-.>g...:.. 6) REASON FOR REQUESTING VACATION AND INTENDED USE : _ 5) WHICH ACTI ON APPLYI NG FOR (ex.: Easement, Drainage) :\I<A.C.Cl.=\-e. E"<l&.("('e)/\-\- 7) IF THE ENCROACHMENT CURRENTLY EXISTS, PROVIDE THE DATE THAT A PERMIT WAS ISSUED BY THE BUILDING DIVISION:.'C\--...lf- t 8) THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION:../ *$ Application Fee. Make check payable to "City of Palm Bay"; /~~<= Revision C: 10108

48 CITY OF PALM BAY, FLORIDA APPUCATION REQUEST TO VACATE EASEMENT/DRAINAGE RIGHTS-OF-WAY PAGE20F3 / List of names and addresses of property owners abutting the lot or parcel within which the easement or drainage right-of-way is located;./ Copy of plat, map, etc. depicting area location of easement or drainage right-of-way to be vacated. / Original notarized letters from the following utility and service companies are required stating whether or not they object to or if there is no interest in the vacating of the easement or drainage right-of-way. If equipment lies within the easement or drainage right-of-way requested for vacation, the applicant shall be responsible for any expenses incurred for relocating same, unless other arrangements have been made with the company. See attached to contact: (a) Florida Power & Light Company; (b) Bell South Telecommunications; (c) Bright House Networks; (d) Melbourne-Tillman Water Control District (if applicable); (e) Coast Gas (if applicable); (f) Florida City Gas (if applicable); (g) Holiday Park, Board of Directors (if applicable). 9) ARE YOU THE PROPERTY OWNER OF RECORD?: L YES NO --- IF NO, A NOTARIZED LETTER FROM THE PROPERTY OWNER MUST BE ATTACHED GIVING CONSENT TO THE APPLICANT TO REQUEST THE VACATING. 10) CONTACT THE LAND DEVELOPMENT DIVISION ( ) AS TO WHETHER A VARIANCE IS REQUIRED. IF REQU IRED, YOU MUST OBTAIN APPROVAL FOR THEVARIANCE PRIOR TO PROCEEDING WITH THE VAC NG REQUEST. Land Development Division _ /.. Not Required (J /0/ filom.fl/j.ai(. ~P. (..,~ \----'~~------Date Gt/-1, ZOic/ I, THE UNDERSIGNED UNDER D THAT THIS APPLICATION AND ALL DATA ATTACHED MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE CITY COUNCIL. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING REQUEST TO VACATE EASEMENT/DRAINAGE RIGHTS-OF-WAY APPLICATION AND THAT THE FACTS STATED IN IT ARE TRUE. Signature of Applicant Printed Name of Applicant &""'--5~b=Jo--:!!::!:~;c:o --.!-C\... ~o; w-=-.q.. )----=~--Date ~C\4-\=t_. lt--e, ' *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision C: 10/08

49 DATE: October 14, 2014 CASE#: VE LAND DEVELOPMENT DIVISION STAFF REPORT REQUEST TO VACATE EASEMENT PROPOSAL: LOCATION: APPLICANT: To vacate a 10' foot x 68' foot portion of the southerly 20' public utility and drainage easement for a proposed pool. 960 Big Hom Circle, NW Lot 26, Block 2326, Port Malabar Unit 44 Mr. James R. Flowers SITE DATA PRESENT ZONING: AREA OF VACATING: RS-2- Single Family Residential District 68'x10' = 680 square feet ADJACENT ZONING &LAND USE: N E S W RS-2- Single Family Residential District RS-2- Single Family Residential District RS-2- Single Family Residential District RS-2- Single Family Residential District

50 r CASE NO. VE OCTOBER 14, 2014 PAGE2 STAFF ANALYSIS: To vacate a 10' foot x 68' foot portion of the southerly 20' public utility and drainage easement for a proposed pool in Port Malabar Unit 44, Lot 26, Block AT & T, Florida Power and Light, Florida City Gas, Coast Gas, Melbourne Tillman Water Control District and Bright House have no objection to the vacating request. Staffhas no adverse comments regarding vacating 10' of the 20' easement for a proposed pool. STAFF RECOMMENDATION: Staff recommends approval of the vacating of easement per the analysis section of this staff report.

51 .. ' Fl01.ers _ stroey.jpg.i PLAT. OF LAND SURVEY CERI'IFIED TO: JAlnS R. I'LOrKRS k EUZABE1'H A. FUJJTERS, FT JIOR'I'C.ACE COIIPANIES, EXPRESS TITLE OF JJREVARD INC., Sf'WABr f'lf'le CllntAJITY COMPANY DESCRIPTION: Lot 26, Blllc:l: 2326, PORT JIAJ.nJAR UNif' FOM'Y FOUR. accon!mg ta tlla 1'lllt th.naf. a.s ft!ici07'ud in ltat Bool: Zl, Pa.ga Wl-fBS, Publil: ~of.9reumi Qnmtv. FfDrill4 BIG HORN CIRCLE 50' R/i! N E Hi'CJM:. DIUVIt,... I I I - S/fr LR...,,_,...w_.. l.....,.,.., t21 U_M_CUD ~ "1.8..,, tjr'_uiiij DI,_ ~CII8,._.,.,.I/IIU'rD ~.,.,.. ~ SDftln!l. 4,....,.,..,... rzn.z... ~-... ~..-.. ~ "".u ~ ~... ~ fwu'»7er7.-s ~ a.,...,.,,. ~- ra JIXIIIISnl'.-«., ~ aanna,...,...-u.,...,_ -., ----6JIDrl:. &. --.,.,._ Jlll!'al --~ u... ~ c-.-, ,...:rr...,.~ IPJIII~ftAL - JlfAUD 1'Lfl:'. - - ~ n nl:ll-~ JlLII. - -.II. JIUIIII ~ ~ n:ar.icu IIUflliiiT -- - ~r.- IISB 7-S-97.,_ ftiis N-.r.,..._Ill' "'.&.ad.&.ad 1:1 - Slf'IUrD - uw 111 rnr1llll " -.6UAIIII... ~.- r I'IU I'IIIJI' JIAI' I'JUtn -, JIAI' JJ.IT6.,_~ hltps:jimcil.google.conymail/u/oimrbmo'147ca73dra0a0055?prqector=1 1/1

52 :J.f Palm Bay LOCATION MAP N VE

53 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 26, BLOCK 2326, PORT MALABAR UNIT 44, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 161, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Flowers has requested the City of Palm Bay, Florida, to vacate a portion of a certain public utility and drainage easement, which portion is legally described herein, and WHEREAS, the vacation and abandonment of said portion of the public utility and drainage easement will neither adversely affect nor benefit the public. 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 of the City of Palm Bay hereby vacates and abandons a portion of the rear public utility and drainage easement located within Lot 26, Block 2326, Port Malabar Unit 44, according to the plat thereof as recorded in Plat Book 21, Page 161, of the Public Records of Brevard County, Florida, Section 27, Township 28S, Range 36E, being more particularly described as follows: The north feet of the south feet of Lot 26, Block 2326, Port Malabar Unit 44, less the east and west 6.00 feet for existing side lot easements; containing 680 square feet or acres, more or less. SECTION 2. The provisions within this ordinance shall take effect immediately upon the enactment date.

54 City of Palm Bay, Florida Ordinance No Page 2 of 2 Read in title only at Meeting No , held on, 2014, and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Alice Passmore, CITY CLERK Applicant: Case No.: James Flowers VE cc: (date) Applicant Case File B/C Recording

55 MEMO TO: FROM: Honorable MaY. r and Members of City Council Alice Pass DATE: October 14, 2014 SUBJECT: Variance Request- South Brevard Sharing Center South Brevard Sharing Center (Michael Hubler) has submitted an application for a variance to allow a proposed building to encroach the twenty-five (25) foot side corner setback by a maximum of feet in HC (Highway Commercial District) zoning, as provided for in Section (F)(7)(c), Palm Bay Code of Ordinances. The property is located at the northwest corner of Palm Bay Road and Braun Street, and contains 0.25 acres, more or less. Staff Findings: The Planning and Zoning Board must determine, based on the facts presented, to what degree, if any, of minimal relief is required to meet the needs of the variance being requested as required under Section of the City of Palm Bay Code of Ordinances, and make recommendations to City Council for a final review. Planning and Zoning Board Recommendation: Unanimous approval of the request, with the condition that proposed outside lighting be of low-intensity and directed downward, and that shrubs be planted along the east side of the buildings. The subject matter is scheduled for public hearing purposes at tonight's meeting. If you should have any questions, please advise. tmj Attachments Case No. V

56 ~ Tho City of Florido ~~y Land Development Division 120 Malabar Road Palm Bay, FL VARIANCE 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) South Brevard Sharing Center ADDRESS 17 E. Hibiscus Blvd. c 1 TY Melbourne STATE FL ZIP PHONE# (321) , ext. 208 FAX# (321) E- MAIL ADDRESS mikeh@mysbsc.org 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot 1, Block 24, Plat of Tillman, Plat Book 2, Page 4 SECT I ON 2_8 T OWNS HI P 3_7 R AN G E 24 3) STREET ADDRESS OF PROPERTY COVERED BY APPLICATION: 2881 Palm Bay Road 4) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): 0.25 acres ) EXISTING ZONING CLASSIFICATION OF PROPERTY (ex. : RS-2, CC, etc.): Commercial ttg ({/) 6) ARE THERE ANY STRUCTURES ON THE PROPERTY NOW?: X YES NO 7) HAS A VARIANCE APPLICATION PREVIOUSLY BEEN FILED FOR THIS PROPERTY?: YES X NO IF SO, STATE THE NATURE OF THE PREVIOUS APPLICATION, WHETHER THE REQUEST WAS APPROVED OR DENIED, AND DATE OF ACTION : 8) DESCRIBE THE EXTENT OF THE VARIANCE REQUESTED AND THE INTENDED USE OF THE PROPERTY IF THE VARIANCE IS GRANTED (SPECIFY NUMBER OF INCHES/FEET ENCROACHING INTO SPECIFIC REQUIRED YARD SETBACK OR REQUIRED HEIGHT RESTRICTIONS): Walk-in freezer addition as proposed does not meet the 25' side setback requirement. This building addition would be setback 2'9" from the existing structure, which is grand fathered in, but would be 22'3" into the side setback. Revision E: 10/11

57 CITY OF PALM BAY, FLORIDA VARIANCE APPLICATION PAGE 2 OF 3 9) CITE THE APPLICABLE SECTION(S) OF THE ZONING ORDINANCE AND ITS REQUIREMENT FROM WHICH VARIANCE IS REQUESTED (ex.: (f)(7)): HC- Highway Commercial District, (F) Lot and structure requirement, (7) Minimum yard requirement, (c) Side corner- twenty-five (25) feet minimum building setback. 10) GIVE WRITTEN EXPLANATION(S) DEMONSTRATING HOW THE VARIANCE MEETS THE FOLLOWING CONDITIONS: (a) (b) (c) (d) (e) (f) That special conditions and circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same land use category, zoning district, or situation. That special conditions and circumstances referred to above do not result from the actions of the applicant. That literal interpretation and enforcement of the development code regulations would deprive the applicant of rights commonly enjoyed by other properties in the same land use category, zoning district, or situation under the terms of the development code, and would work unnecessary and undue hardship on the applicant. That if granted, the variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure. That granting the variance requested will not confer on the applicant any special privilege that is denied by the development code to other lands, buildings, or structures in the same land use category, zoning district, or situation. That granting the requested variance will be in harmony with the general intent and purpose of this code, and will not be injurious to the surrounding properties or detrimental to the public welfare. Existing building was built as a residence in It was rezoned commercial prior to our ownership, but has been grand fathered in with the exception of any new structures, which must meet the 25 feet side setback requirement as cited in Number 9 above. The configuration of the building makes the addition of the walk-in freezer impossible to meet the 25' setback requirement. To do so would mean entering from the freezer into the restrooms or kitchen, both of which are not possible to maintain food service health department requirements. Subsequently, this is the only location suitable for usage with the current building configuration. The variance is the minimum necessary to make possible the reasonable use of the land, building or structure. That granting the variance requested will not confer on the applicant any special privilege that is denied by the development code to other lands, buildings, or structures in the same land use category, zoning district, or situation. That granting the requested variance be in harmony with the general intent and purpose of this code, and will not be injurious to the surrounding properties or public welfare. Revision E: 10/11

58 CITY OF PALM BAY, FLORIDA VARIANCE APPLICATION PAGE 3 OF 3 11) EVIDENCE MUST BE PROVIDED TO CONSIDER VARIANCES BASED ON THE FOLLOWING CLAIMS: N/A BERT J. HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT, Chapter , Laws of Florida. Provide a copy of one of the following : Special master appointed in accordance with the act. --Court order as described in the act. N/A AMERICANS WITH DISABILITIES ACT. Cite the section of the act from which the variance request will provide relief: 12) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE THIS APPLICATION: N/A *$ Application Fee. Make check payable to "City of Palm Bay." X X X X 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 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. A site plan drawn to scale which shows all property and yard dimensions, its structures (if any) and the variance desired, including abutting highway or road boundaries. Submit in electronic or PDF format. A survey prepared by a registered surveyor showing all property lines and structures. N/A 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 VARIANCE. X IN ORDER TO DISCLOSE ALL PARTIES SEEKING THIS APPROVAL, COMPLETE THE ATTACHED DISCLOSURES OF OVItNERSHIP INTERESTS FORMS FOR PROPERTY OVItNERS 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 KNO'M...EDGE AND BELIEF. UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING VARIANCE APPLICATION AND THAT THE FACTS STATE IN IT ARE TRUE. Printed Name of Applicant Michael S. Hubler ~~~~~~~ *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision E: 10/11

59 Brevard County Property Appr ~ er - Photos Page 1 of 1 DANA BUCKLEY, CFA- PROPERTY APPRAISER- BREVARD COUNTY FLORIDA Owners: South Brevard Sharing Center Inc Site Address: 2881 NE Palm Bay Rd Palm Bay Parcel ID: , Tax ID: , Photo Count: 2 /map. bcpao. us/map2/photos.aspx?taxacct= /11/2014

60 Brevard County Property Appr iser - Photos Page 1 of 1 DANA BUCKLEY, CFA- PROPERTY APPRAISER- BREVARD COUNTY FLORIDA Owners: South Brevard Sharing Center Inc Site Address: 2881 NE Palm Bay Rd Palm Bay Parcel ID: Tax ID: /

61 JIAP OF SURVEY PREPARED FOR: SOUTH BREVARD SHARING CENTER. INC. DESCRIPI'ION AS PROVIDED TO SURVEYOR: LOT t, BLOCK 24, PLAT OF TILLJ/AN. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. LOT 2 BLOCK U 24 oo'<~r rr(f) N 24-tS'OO" Jr(P) ' ~~~~~~~~~~~~~~~~~~ ~~~~---R~ ~ oo a ~~ t~ S 24-tS'OO"'tiE(P) ~ ~ s 24 oo'4r E(F)!'f ::: ~ ;;;; ~ ;;~;;~j~j~;. CASE V

62 .. JIAP OF SURVEY PREPARED FOR: SOUTH BREVARD SHARIMJ CENTER, INC. DESCRIPI'ION AS PROVIDED TO SURVEYOR: LOT t, BLOCK 24, PLAT OF TILLJIAN, ACCORDIMJ TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PACE 4, PUBUC RECORDS OF BREVARD COUNTY, FLORIDA. LOT 2 BUJCK 24 N 24 00'4Z' JT(F) N 24.,3'00H JT(P) '.... ~~... (I) ~ <1 t.tj <1 a ~ (I) "3 (/] ~ t.tj ~ ~ "--1 ~ CASE V

63 / / ' I I I :, m ~I ~ I I ~ I ~ ~ m X c;; -i z (j) " ~ :I: m z ' ~. ~..... I I! II II II I I ; - (~ \ ~~ y r~,z.. rrt ~ ~ )> r ~ IDZ 6"'1 ~ 0 "Al Orr! rrrt GlN. rrt Al 12'-~ CASE V

64 SvstvL~ B( \)'\t~e: ~~f:r ~*'~ \i)ten~ tjo. 2-0t'f-tO C'cn>SER. t W t 'f I ::::E 0 0::: (!) z!::: ~

65 ~ The City ol Florida Palm Bay A Perfect Place to Grow CITY OF PALM BAY DATE: October 1, 2014 CASE#: Case V LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: LOCATION: APPLICANT: A request to allow an proposed building to encroach the 25' side comer setback by a maximum of 22.25' as provided for in Section (F)(7)(c) in the HC, Community Commercial zoning district Palm Bay Road NE (Lot 1, Block 24, Plat of Tillman) South Brevard Sharing Center- Mr. Michael Huber representing SITE DATA PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING &LAND USE: WATER & SEWER: TRAFFIC COUNTS: FLOOD ZONE: COMPLIANCE WITH THE COMPREHENSIVE PLAN: HC, Highway Commercial.25 Acres +I- N/A N RS-3, Single Family Residential, w/ structures E HC, Highway Commercial, w/ structures S HC, Highway Commercial, w/ structures. W -- HC, Highway Commercial, w/ structures. City Water & Sewer 4,306 ADT along Palm Bay Road NE from RJ Conlan Blvd. to Dixie Highway. NE Zone "X" - area of minimum flood potential Not Specifically Addressed

66 CASE NO. V OCTOBER 1, 2014 PAGE 1 BACKGROUND: 1. The site is located at 2881 Palm Bay Road NE (Specifically, Lot 1, Block 24, Plat of Tillman). The property contains.25 acres, more or less. 2. The property is zoned HC, Highway Commercial. Surrounding zoning includes HC zoning to the south, east, and west, and RS-3 zoning to the north. 3. The applicant is seeking a variance to allow an proposed building to encroach the 25 ' side comer setback by a maximum of22.25' as provided for in Section (F)(7)(c) in the HC, Highway Commercial zoning district. ANALYSIS: 1. Variances from the terms of the Land Development Code may be granted when special conditions exist that would result in unnecessary hardship if the provisions of the land development code were enforced. However, a variance may not be granted when the public health and safety would be compromised as a result of the variance. An application must demonstrate that items 1 through 7 of Section of the Code of Ordinances have been met. A review of these items is as follows. Item 1 - "Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, buildings or structures in the same land use category, zoning district or situation." The property was constructed in 1954 and was originally used as a residence. The site was converted to commercial use and has been used as such ever since. The existing building lies approximately 2.5 ' from the east property line. The applicant is seeking to add a walk in freezer to the existing structure. The Code of Ordinances specifically state that nonconforming structures are not allowed to expand the non-conformity. Staff has identified other places on the site that would accommodate the proposed structure with no variance required. Therefore it seems to appear that no special condition or circumstance for the Board and City Council to consider with regard to this request. Item 2 - "The special conditions and circumstances identified in Item 1 above are not the result of the actions of the applicant". The special conditions and circumstances identified in item 1 are a result of the actions of the applicant. The proposed building can be constructed in other locations on the existing site without the need for a variance. The Board and City Council must determine if the request has a hardship that requires relief from the Code, or if the hardship is self-induced. Item 3 - "Literal interpretation and enforcement of the land development code regulations would deprive the applicant of rights commonly enjoyed by other properties in the same land use category, zoning district or situation under the terms of the land development code, and would work unnecessary and undue hardship on the applicant."

67 CASE NO. V OCTOBER 1, 2014 PAGE2 Literal interpretation and enforcement of the Code would require the applicant to place the proposed structure in the middle of the existing structure in order to comply with the Code. Alternatively, they could also construct a detached building that would meet the setback requirements and meet current code (see enclosed drawing). The Board must ultimately decide if there exists a deprivation of rights with regard to the request. Item 4 - "The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land, building or structure." City Council, after recommendation from the Planning and Zoning Board, will need to determine the minimum amount of relief, if any, that is required to make possible the reasonable use of the land, building or structure. It appears at minimum, the applicant would require ' of relief from the 25 ' side comer setback to place the structure where it's proposed. Item 5 - "Granting of the variance request will not confer on the applicant any special privilege that is denied by the development code to other lands, buildings or structures in the same land use category, zoning district or situation." Based on the circumstances that exist, granting the variance as requested would confer a special privilege that is denied to other lands, building or structures in the same district by allowing the 22.25' encroachment. Staff has provided a viable alternative to the applicant to construct the proposed building with no variance needed. Item 6 - "The Granting of the variance will be in harmony with the general intent and purpose of this code, and will not be injurious to the surrounding properties or detrimental to the public welfare." City Council will need to make a determination if the proposed use is in harmony with the general intent and purpose of the code. Item 7 - "The variance represents a reasonable disposition of a claim brought under the Bert J. Harris Private Property Rights Protection Act, chapter , Laws of Florida, that a development order of the city has reasonably burdened the applicant's property, based on the recommendations of the special master appointed in accordance with the act, or the order of a court as described in the act. Staff has not received a claim made upon this property, with respect to the "Bert J. Harris Act," or any development order, as indicated above. Therefore, Item 7 is not applicable to the variance request.

68 CASE NO. V OCTOBER 1, 2014 PAGE3 STAFF FINDINGS: The Planning and Zoning Board must determine, based on the facts presented, to what degree, if any, of minimal relief is required to meet the needs of the variance being requested, as required under Section of the City of Palm Bay Code of Ordinances and make recommendations to City Council for a final review. Under 59.05(A)(14) City of Palm Bay Code of Ordinances, "The quasi-judicial body shall direct the clerk or [city] attorney acting as the body's legal counsel to prepare the necessary and appropriate written order in accordance with the purpose of the hearing and findings of the quasi-judicial body. Pursuant to Florida Statutes, in the event relief is denied to the applicant, the specific provision of statute or code that was deficient shall be stated for record."

69 ~ t ~ THIRD u 0 a:: SEGGND EAGI R0CK l DOVEW<DOD FIRST OAKHAVEN ~ RS-3 q_ 1.. PAI:!MEHO RS-1 w (/) 0 a:: z 0 :J _J ~ w ~ a.. a: lfj z a: Mep lor ~ I)UtpOHI onl)r. ~to be con.trved.. blndinoor urv..,. <( 0..!J :::> J:.. i! a:: w > w > 0 0 a:: ~ a:: (,') ~ (/) a:: w J: a.. >.- 0 ~ u (/) 3 WILDROSE CASE V LOCATION MAP

70 PLANNING AND ZONING BOARD RECOMMENDATION Due to the Planning and Zoning Board minutes not being fully transcribed, only an excerpt of the minutes is being provided at this time. Staff Findings: (Staff s findings have not changed.) The Planning and Zoning Board must determine, based on the facts presented, to what degree, if any, of minimal relief is required to meet the needs of the variance being requested as required under Section of the City of Palm Bay Code of Ordinances, and make recommendations to City Council for a final review. Planning and Zoning Board Recommendation: Motion amended by Mr. Piatkowski, seconded by Mr. Pezzillo to submit Case V to City Council for approval of a variance to allow a proposed building addition to encroach 22 feet 3 inches into the 25-foot side corner setback in an HC, Highway Commercial District as established in Section (F)(7)(c) of the Palm Bay Code of Ordinances with the condition that proposed outside lighting be of low-intensity and directed downward and that shrubs be planted along the east side of the buildings. The motion carried with members voting unanimously. tmj Case No. V

71 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: Space Coast Transportation Planning Organization Space Coast League of Cities Tourist Development Council Palm Bay Hospital Board

72 L The City of ~ Florida ~!!!ty TO: FROM: REQUESTING DEPT: DATE: Honorable Mayor and Members of Susan Hann, P.E., City Manager Bobbye Marsala, Purchasing Mana Yvonne McDonald, Finance Directo October 14, 2014 Yvonne McDonald RE: Other Agency Contracts Utilized by Multiple City Departments - Fiscal Year 2015 Maintenance, repair and operating supplies (MROs) are currently utilized by several departments in order to conduct their day-to-day operations. The MROs and office supplies are purchased "as needed." Safety shoes are supplied by the city in accordance with union contract requirements. Red Wing Shoes has a mobile vehicle that travels to the city departments on a regular basis to allow employees to select their shoes on-site; employees can also go to their store located on Hwy-192 in Melbourne to make their purchases. Pricing is in accordance with following "Other Agency" contracts. The contracts identified below were subject to a competitive solicitation process and awarded by the following agencies. Estimated Agency Name Contract# Contract Title Vendor Location Exp. Date Expenditures MRO Supplies, Industrial US Communities Supplies Home Depot Palm Bay 7/31/2017 $80, The Cooperative MRO Equipment, Purchasirg Network Supplies & Related (TCPN) R4954 ttems/services Lowes Home Center, Inc. Palm Bay 3/30/2015 $25, State of Florida ACS MRO Grainger W. Melbourne 2/28/2017 $75, Volusia County School Board CL-432GH Office Supplies Capital Office Products Daytona 7/31/2016 $38, State of Florida Office Supplies Office Depot Orlando 10/17/2016 $25, Brevard County P Safety Shoes Red Wing Shoes Orlando 8/31/2015 $35, $278, FISCAL IMPACT: The estimated annual expenditure for FY 15 is itemized in the list shown above. Funds are available in each department's operating budget. RECOMMENDATION: Motion to approve the FY 15 annual purchase of maintenance, repair and operating supplies; office supplies and safety shoes on an "as needed" basis through utilization of the other agency contract identified above. BM/jv K:\Lefler\Agendaltems\October2014\ \0therAgencyContractsGeneraiProcurements

73 ~ The Cily of Florida ~~ TO: Honorable Mayor and Members of FROM: REQUESTING DEPT: Susan Hann, P.E., City Manage Lisa Morrell, Communications & lnfor ation Technology Director Bobbye Marsala, Purchasing Manager X o b~ ~ Yvonne McDonald, Finance Director Yvonne =--...::.::::;:.::...,-.,...nn.rc.--.. McDonald ~:;~~:.. DATE: October 14, 2014 /f:/vwl RE: Purchasing Authority for Laserfiche Software and Services Laserfiche Solutions Group, Inc. has been providing the City of Palm Bay with software and technical support for the City's document imaging system since Laserfiche is the manufacturer and sole source of the Laserfiche software products and provides all required sales and technical support. Support costs increased 1.5% over FY 14. FISCAL IMPACT: The estimated FY 15 expenditure is $38, Funds are budgeted as follows: Communications & Information Technology ( ) 33, Building ( ) 2, Utilities ( ) 2, TOTAL $38, RECOMMENDATION: Motion to approve purchasing authority of up to $38, for Laserfiche. software and services. BM/jv Attachments: 1) Laserfiche Quote for City of Palm Bay- LSAP Renewal K:\Lefler\Agenda ltems\october2014 \ \AnnuaiSoftwareMaintenancelaserfiche

74 Laserfiche ~, Solutions Group August 13, Long Beach Blvd., Long Beach, CA tel: (562) fax: (562) Mr. Mike Moran City of Palm Bay 120 Malabar Rd SE Palm Bay, FL Re: Laserfiche Quote Laserfiche LSAP Renewal Dear Mr. Moran The Laserfiche Software Assurance Plan renewal costs have been detailed to extend system support through November 30, 201S. Customer#: LSAP Expiration: 12/1/2014 Quote#: Product Description Qty Price Total Price Laserfiche Software Assurance Plan 97830UB Weblink LSAP 1 $1,S90.00 $1,S UB LF Plus Plug-in LSAP 4 $1,S90.00 $6, UB LF Advanced Audit Trail LSAP 1 $1,S99.00 $1,S99.00 FB LF Full User LSAP so $ $6,SOO.OO IX-HTEB Int. Xpress - HTE LSAP 1 $SOO.OO $SOO.OO PIB Import Agent LSAP 1 $ $ PMB LF Plug-in LSAP so $16.00 $ PSB LF Snapshot LSAP so $20.00 $1, QF-1-10B ScanConnect 10 Pk LSAP 2 $ $ QFB Quick Fields LSAP 1 $ $ QF-CSB RT Look Up-Validation Pk LSAP 1 $ $ QF-C4B Bar Code-Validation Pk LSAP 1 $ $ RB LF Retrieval User LSAP so $SO.OO $2,SOO.OO RM2B Records Management Module LSAP 1 $1, $1, S3B LF Standard Server LSAP 1 $1,4SO.OO $1,4SO.OO SA3B LF Standard Server Additional DB LSAP 1 $ $ WA1B LF Web Access LSAP 1 $1,S90.00 $1,S90.00 WFAB LF Workflow Additional User LSAP 1S $60.00 $ WFSB LF Workflow (10 User) LSAP 1 $3, $3, VIP002 Laserfiche VIP Support (up to 40 hours) 1 $7,SOO.OO $7,SOO.OO LSAP Total $38,42s.oo 1

75 Laserfiche ~ Solutions Group N.B. All software, licenses, and documentation will be made available for download electronically through secure access to Laserfiche internal servers via FTP or HTIP protocol so that they WILL NOT be delivered or shipped on tangible media. Please remit purchase order or billing approval to: Will Talbot Solutions Consultant Laserfiche Solutions Group 8245 Boone Blvd, Suite A20 Vienna, VA will.talbot@laserfiche.com For billing inquiries and payment options please contact Ellen Castillo, x532, ecastillo@laserfiche.com.

76 LEGISLATIVE MEMORANDUM The City of ~ Florida ~!~ TO: FROM: Honorable Mayor and Members Susan Hann, P.E., City Manag ty Council REQUESTING DEPT: DATE: RE: D R bert =:-..::-.::=- Dan Roberts, P.E., Utilities Direct an o s :.= ~~-~ Bobbye Marsala, Purchasing Manager :Bob"'-o- ~ Yvonne McDonald, Finance Director Yvonne =E"':.EE.-- Lisa Morrell, Communications and lnfor-.;.~~11~n Te lfffi~ffi~y.. rnn~~ October 14, 2014 Sole Source Procurement: CUES Camera Truck GraniteNet Cityworks Module, Implementation and Data Migration The Utilities Department utilizes CUES TV equipment on the camera truck to video and access the condition of our sanitary sewer lines. This equipment has been in operation since On June 17, 2014, Council approved procurement of replacements and upgrades to the video equipment and computer hardware and software for the camera truck. This upgrade included the Granite XP ESRI Module for GIS which allows the camera truck to be spatially aware of its location. It has been determined that an additional module should be purchased so that the camera truck software will also interface with the department's Cityworks Computerized Maintenance Management Software (CMMS). The Cityworks module creates a maintenance work order on the sewer assets at the locations indicated by the camera truck software through Granite's ESRI module. Both the ESRI and Cityworks modules from Granite are needed. When fully implemented, the video from the sewer camera will provide condition ratings, indicate needed repairs or maintenance and generate the work orders. This integrated system will assist the department in identifying and correcting areas where stormwater can infiltrate the sewer system. The equipment and software are proprietary and CUES, Inc. is the sole vendor. The CUES, Inc. manufacturing center, stockroom, customer support and corporate headquarters are located in Orlando, FL. This location is also the manufacturer-designated supplier for Florida municipalities. The CUES, Inc. Orlando office has provided a cost proposal for the software, implementation and data migration.

77 Mayor and Council: October 14, 2014 Page 2 Sole Source Procurement: CUES Camera Truck GraniteNet Cityworks Module, Implementation and Data Migration FISCAL IMPACT: The additional cost for the Cityworks module is $10,995 to complete the integration. This includes Granite Net Cityworks module implementation and migration of existing data on Granite XP. Funding is available in the Utilities Department Operating Funds, project 10WS06forthe software and for the implementation and data migration. RECOMMENDATION: Motion to approve the Sole Source procurement of CUES Cityworks module from CUES Inc., located in Orlando, Florida. DR!jv Attachments: 1) Legislative Memo 2) Equipment Quote 3) Purchase Requisition Memorandum K:\Lefler\Agendaltems\October2014 \ \CUESCamera T ruckadditionaisoftware

78 LEGISLATIVE MEMORANDUM TO: FROM: REQUESTING DEPT: DATE: RE: Honorable Mayor and Members of he Cl~ """""" Dan Roberts, P.E., Utilities Director "Roberts ::z::ab~ Bobbye Marsala, Pur~haslng ~anage~-~~-~ Yvonne McDonald, F1nance D1rector 201! t: :- - Lisa Morrell, Communications and Information Technology Director ~ June 17, 2014 Sole Source Procurement, CUES Camera Truck Computer and Control Panel Replacement with Software Interface Integration The Utilities Department has in operation CUES TV equipment on our camera truck to video our sanitary sewer lines. The CUES Camera Truck was approved for purchase by City Council on April 5, The Utilities Department utilizes this equipment to assess the condition of our sanitary sewer lines and is a key component of our trenchless sewer repair program. Additionally, it is also utilized to assist the Public Works Department in condition assessments of stormwater assets. The current equipment is a CUES self-propelled robotic pipeline data collection and real time video capture system that was part of the original truck purchase in The chassis and mechanical components remain in good condition and do not need to be replaced at this time. However, due to the age and harsh working environment, the computer components and camera/tractor control panel have become outdated and are in need of replacement. Staff is requesting to replace the computer components and control panel with modem technology that is compatible with the existing vehicle equipment, extending the life of this asset an estimated 7-10 years. As part of the replacement, the department is requesting purchase and integration of the Granite XP ESRI Module for GIS integration. This software will assist in the implementation of the computerized maintenance work order system In the field. It will allow our EGIS staff to download video seamlessly from the camera truck and integrate it into the existing mapping systems, allowing technicians access to the information in the field. This software package is recognized by the National Association of Sewer Service Companies (NASSCO) for pipe inspections and utilizes a standard inspection coding system so that asset history can be created and utilized over time to trend pipe deterioration. It is also a tool to determine capital improvement projects and budgetary needs.

79 Mayor and Council: CUES Camera Truck Computer and Control Panel Replacement June 17, 2014 Page2 The equipment and software are proprietary and CUES, Inc. is the sole manufacturer. The CUES, Inc. manufacturing center, stockroom, customer support and corporate headquarters are located in Orlando, Florida. This location is also the manufacturer-designated supplier for Florida Municipalities. The CUES, Inc. Orlando office has provided a cost proposal for the computer component replacement and software integration as well as on-site training. Although these CUES, Inc. items are available on a National NJPA contact for purchase, the awarded contractor is a CUES, Inc. distributor whose facility is located in the state of Maryland and the cost is higher. FISCAL IMPACT: Funding is available through roll-up in the Utilities Department Renewal and Replacement Fund, , in the amount of $40,400. RECOMMENDATION: Motion to approve the Sole Source procurement of CUES TV equipment from CUES Inc., located in Orlando, Florida. BM/DR/ljl Attachments: 1) Manufacturer Sole Source Letter 2) Equipment Quote 3) NJPA Contract Cost Proposal K:'UfleMQendallems\June2014\061714\SoleSourceCUESCameraT~ Ier&ControiPane1Replacement.doc

80 SOLE SOURCE STATEMENT 100% Full Circle Compatibility Note CUES current cameras, lightheads, Power Control Units, Footage Systems are 100% compatible with your existing CUES TV equipment. This full circle compatibility allows older equipment to operate on newer TV systems and newer equipment to operate on older systems. Justification CUES, Inc. is the sole manufacturer and supplier of OEM {Original Equipment Manufacturer} products/parts for your existing CUES TV equipment. The proposed purchase of Summit System upgrades and Granite XP Modules is 100% compatible with your existing CUES TV equipment. CUES, Inc. is the sole manufacture of the ProData, Summit System and Granite XP video/footage capture system. CUES, Inc. has the only in-house software support team. Other products in the market are 3'd party add-on programs and offer no in house support. The CUES DUC, OZII and OZIII Pan/Tilt Cameras, Ultra Shorty Tractor, Pipe Ranger are solely manufactured by CUES in Orlando, Florida. The CUES Mini Push 2020 and MP+ Lateral Inspection units are solely manufactured by CUES in Orlando, Florida. The MiniPush translator adapter allows full interconnect to your TV unit's existing VCR, Monitor and data system. CUES, Inc. maintains over nine million dollars in parts and supplies that eliminates the need to have an extensive part inventory. The manufacturing center, customer support center and stockroom are located in Orlando, Florida. Other manufactures may claim to have components I.e. cameras, etc. that can be modified to operate on your existing CUES system, however this may require special one of a kind cables or modifications to the internal electronics of your camera, Power Control Unit, etc. Any modification to the system's electronics voids the manufactures warranty and the life-time loaner policy. This is a quotation on the components named, subject to the conditions ond terms. Brochures and/or photos are used for illustration purposes only. This Is a Budgetary Quote Only unless otherwise specified and may not Include possible discounts you may qualify for. Cues, Inc. I 3600 Rio Vista Awnue I Or1ando, Florida cuesinc.com

81 Equipment Quote Dave Bryant Palm Bay, City of 1105 Troutman Blvd. Palm Bay, FL SALESPERSON QUOTE NUMBER PAYMENT TERMS DELIVERY TERMS EXPIRATION DATE -~~~ ~ ~ RETROFIT OF EXISTING 2007 CUES TV HICUBE Removal of Existing Legacy Electronics Summit Power System Rack Mount Granite XP Computer (No Software) $28,600 1 $28,600 Transfer of Existing Granite XP License Two Days On-Site Field Training Customer Delivery and Pick-Up of Completed Unit GRANITE XP ESRI MODULE FOR ARCGIS INTERGIIA110N DeveloPed bv OJES as a reatslered business.,.,.,.. ESRI, this optional module for Granite XP provides a bklltedlonll Interface between ESRI AtKXiiS 9.0 (lnd later producils) Gnnlte XP software. This mod. enables usersto.wgis * map flies thlt have been imported dl.,ctly Into Gnnlte XP where 1hey Cll'l be used to verfy end Vllldate the loc:iii08 lnfrastructwe asets. Precise location dati can be back to the GIS to verfy and correct uset attribute dlta. Users $12,900 1 $U,900 can quickly and accurately Stilt an Inspection directly 11om the rna with asset Information pre-populated. GRANITE XP NASSCO MODULE The NASSCO Module is certified by NASSCO to support the PACP defect identification code system. The system will import $2,450 1 $2,450 and export to the PACP file format. GRANITE XP SCORING MODULE The Universal Scorlns Module uses customlzable mathematical formulas within the software to alow structural ensmeers, system owners, and supervisors. to better rank and prioritize assets which need maintenance or structural rehabilitation attention. The module can allow the user to create predictive models to determine where and when pipeline failures are $2,950 1 $2,950 Hkely to happen- before they happen -to avert pollution events and to maintain hish service levels for the community. Scores are customlzable if uslnsln conjunction with NASSCO Module. NASSCO has predefined values set for scorln& pipes that cannot be altered. GRANITE XP ENGINEERING EDITION FOR OFFICE USE $695 1 SOLE SOURCE DISCOUNT This Is a quotation on the components named, subject to the conditions and terms. Brochures and/or photos ore used for illustration purposes only. This Is a Budgetary Quote Only unless otherwise specified and moy not include possible discounts you may qualify for. Cues, Inc:. I 3600 Rio Vista Avenue I Or1ando, Florida cueslnc:.com

82 M~~l!!!~ Sewer and Street Equipment Specialists 5/30/14 CUES SEWER TV INSPECfiON TRUCK RETROFIT NJPA CONTRACT NO AMI c ustomer: CITY OF PALM BAY Shi ~ppmg:. FLORIDA Requlremeat Spedftutlon Cues TV inspection truck system RETRO FIT (SEE ATTACHED COMPONENT LISTING) Rctro fit for reel controls Summit PCU assembly and Summit CCU Assembly rack mount Wireless controller Rack mount computer with Windows, not GXP software ESRJ GIS module, Granite XP software, includes two days of training via Go To Meeting for implementation ARCGIS Engine runtime software NASSCO module for Granite XP software Universal scoring module for Granite XP software Granite XP engineering edition kit Two days of on site customer trainging $0.00 $1, $14, $ $4, $12, $ $2, $2, $ $1, TOTAL NJPA PRICE TO CUSTOMER Delivery Is Days after receipt of order, NJPA CONTRACT NO AMI CONTRACTOR: ATLANTIC MACHINERY, INC 2628 GARFIELD AVE CONTACT: M.J. DUBOIS MJDUBOIS@ATLANTICMACHINERYINC.COM SILVER SPRING, MD $42, Page I of I

83 Specifications For: City of Palm Bay, FL RETROFIT EXISTING 2007 TV tl CUBE 1208>SIJ't'IMIT 1 REMOVE EXISTING LEGACY ELECTRONICS REPLACE WITH SUMMIT SYSTEM 1 RETRO KIT FOR REEL CONTROLLER 1 PCU ASSEMBLY [RACK MOUNT] 1 CCU ASSEMBLY [RACK MOUNT] 1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote "QWERTY" Keyboard for Data Entry 1 On Screen Footage Display 1 WRC and PACP Codes 1 WIRED USB CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include: Degree Rotate Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward I Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include: 1 1 Systems] 1 Camera Iris and Focus Override & Z Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home Cruise Control to Set Speed of the Transporter for Hands Off Operation All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly 1 WIRELESS CONTROLLER 1 Joystick Control for Pan and Tilt Z0001 Camera to Include: Degree Rotate Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward I Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include: 1 1 Systems] 1 Camera Iris and Focus Override & Zoom 1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home Cruise Control to Set Speed of the Transporter for Hands Off Operation All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly 1 COMPUTER ONLY WINDOWS 7 [NO GXP SOFTWARE] 1 Motherboard with 1155 Socket and Intel m Chipset 1 Intel Core i7-2600k Sandy Bridge3.4 GHz Processor 1 Eight (8) GB of DDR3 (Double Data Rate) 1600 RAM 1 Video Capture Device for MPEG I WMV 1 Intel HD Graphics 3000 On Board Display Adapter 2 LAN, On Board Network Connections, Mbps 6 USB 2.0 Ports ( 4 on Rear, 2 on Front) 6 USB 3.0 Ports (6 on Rear) 2 RS232 Serial Ports 1 Bluetooth v4.0 I v3.0 + HS 1 WiFi IEEE alblg/n 1 On Board Sound Cues, Inc. I 3600 Rio Vista Avenue I Or1ando, Florida cueslnc.com

84 1 DVD + I - RW DVD Bumer 20x I CD - RW 40x Internal 1 500GB (7,200 RPM} SATA Hard Drive 1 120GB Solid State Drive, SATA Watt 1 U A TX Power Supply 1 Industrial Hardened Case Slim 2U Design for 19" Rack 1 Windows 7 Professional 64-bit Operating System 1 RETRO HARDWARE KIT FOR SUMMIT 2 BLACK BLANK PANEL KIT FOR2U COMPUTER RETRO 1 ESRI GIS MODULE, GRANITE XP SOFTWARE subject to _prior confirmation between Customer IT Resource and Cues Software Development Division. 1 ARCGIS RUNTIME ENGINE SOFTWARE 2 DATA COLLECTION SYSTEMS REMOTE ONLINE NPLEMENTATION ASSISTANCE (PER DAY} 1 NASSCO MODULE, GRANITE XP SOFTWARE 1 UNIVERSAL SCORING MODULE, GRANITE XP SOFTWARE 1 GRANITE XP ENGINEERING EDITION 1 TRAINING, ON-SITE (TWO DAYS) 1 CUSTOMER PICK-UP OF COMPLETED UNIT IN ORLANDO, FL USA Cues. Inc. I 3600 Rio Vista Avenue I Or1ando, Florida cueslnc.com

85 August 13, 2014 David Bryant, CPM Wastewater Collection Superintendent City of Palm Bay Public Works Department 1050 Malabar Rd. SW Palm Bay, Florida Office Fax RE: GraniteNet Cityworks Module and Implementation Quote Mr. Bryant: Please find below the pricing information you requested for the purchase of the GraniteNet Cityworks Module and Implementation. Below is a brief description of the solutions this software package provides. Working in close development partnership with Cityworks, CUES has fully integrated its GraniteNet v2.0 asset management and decision support software with Azteca Cityworks Server v2013 R3 and newer releases to provide a flexible process flow and bidirectional integration for field maintenance activities using GraniteNet and Cityworks. Because the systems are tightly integrated, data integrity and GIS precision is maintained programmatically to virtually eliminate the need for manual data validation. Users can easily transfer data between the two systems which translates into greater efficiencies and reduced costs. The CUES Azteca Cityworks Software Module allows you to: Import Work Order ID's, Asset ID's, Project Names and Employee Names from the Cityworks Server AMS to the GraniteNet database. Automatically create new pending GraniteNet tasks of corresponding types in Cityworks for each asset imported from a Cityworks Work Order. Automatically assign pending tasks to corresponding Employees in accordance with assignments made in each Cityworks Work Order. Create and start new tasks directly from the Cityworks Server AMS' Work Order form (for crews which are out of the office). Page 1 of 2 Palm Bay FL gnet Cityworks Quote 08/13/2014

86 Obtain all necessary inspection data while performing TV inspections, including footagelinked observations and video pictures. Complete Work Orders that have been generated from Cityworks by performing fullfeatured GraniteNet TV inspections. Automate and schedule the import of Work Orders and the export of inspection data to the Cityworks database. Automatically update the status and date of Cityworks Work Orders and Tasks during inspection data export. Review detailed inspection results by calling GraniteNet straight from a button located within the Cityworks Server AMS' Work Order form because they are linked to completed tasks stored within GraniteNet. Check for invalid data. Data gathered during the inspection process is rigorously error checked. Granite Net Software & Services for the city of Palm Bay FL Price Qty Cost GraniteNet Cityworks Module (includes Scheduler Module) Implementation Granite XP to GraniteNet Data Migration Grand Total $6,395 $3,000 $1, $6,395 $3,000 $1,600 $10, Terms: Net 30 FOB: Destination Delivery: As Required This quote is valid for 60 days We look forward to deploying these strategic solutions and working with the staff at the city of Palm Bay. Please feel free to contact me with any questions, comments, or concerns. Sincerely, Chris Parker Regional Sales Manager - Florida cparker@cuesi nc. com Support: Office: x330 Toll Free: x330 Mobile: Page 2 of2 Palm Bay FL gnet Cityworks Quote 08/13/2014

87 Palm Bay Utilities UTILITIES DEPARTMENT 250 Osmosis Drive, SE, Palm Bay, Florida (321) Fax (321) MEMO TO: THRU: FROM: Bobby Marsala, Purchasing Manager Katie Ennis, Acting Utilities Director Robert Hinkel, Distribution, Collections and Maintenance Manager DATE: September 30, 2014 SUBJECT: Purchase Requisition # CUES Purchase requisition to CUES is needed to complete the integration of our camera truck systems software package to make it compatible with our Cityworks Software. On June 17, 2014, Council approved procurement for replacements and upgrades to the video equipment and computer hardware and software for the camera truck. This included Granite's Esri software module for spatial information. It has been determined that an additional module will need to be purchased so that the camera truck software will also interface with our Cityworks computerized maintenance management software (CMMS). The Esri software module is a component for the camera truck software to be spatially aware of its current location. The additional Cityworks module creates a maintenance work order on the sewer assets at the locations indicated by the camera truck software through Granite's Esri module. Both the Esri and Cityworks modules from Granite are needed. When fully implemented, the video from the sewer camera will provide condition ratings, indicate areas needing repairs, and generate work orders on that asset for maintenance to be performed at the appropriate location. Purchase request to CUES includes the Granite Net Cityworks Module, implementation, and migration of our existing data on our Granite XP. The total cost is $10,995 to complete the integration.

88 MEMO TO: Mayor and Members of City Council FROM: Alice more, City Clerk I DATE: October 14, 2014 SUBJECT: One (1) Appointment- Community Development Advisory Board As you may recall Juan Molina resigned from the above subject board. This board is comprised of members representing various fields. The enacting legislation states that membership shall, to the extent possible, include persons from the fields as defined therein. The aforementioned individual represented the 'essential services personnel' position. This position is defined as: Individual who is actively engaged as a for-profit provider of affordable housing. The position has been announced at the last two regular Council meetings and applications solicited for same. The following application has been received: Sheriz Khan 1598 Talavera Street, SE The matter is presented to Council for the appointment of one (1) member to the Community Development Advisory Board. The individual appointed to the position will complete Mr. Molina's term which expires June 15, If you should have any questions, please advise. jed Attachment

89 Office of The.~ GCI - t014 APPLICATION FOR MEMBERSHIP CITY BOARDS OR COMMITTEES City of Palm Bay 120 Malabar Road Palm Bay, FL Phone: Fax: Board/Committee!community Development Advisory Board First Name: lsheriz Middle:IJoel Last Name:,Khan Home Address: Talavera Street, SE City:!Palm Bay State:!Florida Zip Code: Phone Number(##########): I (321) Fax Number(##########): lsherizkhan@yahoo.com Employment Employer: I Retired Occupation:!Professor of Architecture Address: City: Phone Number(##########): State:!Florida Fax Number(##########): Job Responsibilities: Education Type of School Name of School and Location No. Years Completed Major or Degree HighSchool Presentation High School/College, San Fernando, Trinidad. 8 Years Mathematics/Science College Bus. or Trade School Texas A&M University, College Station, Texas, USA. 2 Years Bachelor, Architecture Professional School University of Wisconsin, Madison 2 Years PDD, Engineering Other Florida Institute oftechnology 1 Year MBA Have you ever held a business tax receipt: Q yes (!)no If yes, please provide the following: ~------~ Title: Issue Date: Issuing Authority: If any disciplinary action has been taken, please state the type and date of the action taken: Disciplinary Action: Disciplinary Date: Continue on the next page

90 Are you a resident of the City? (!) yes Q no lfyes,howlong? Years 15 Months ~~ How long have you been a resident of Brevard County? Years 15 Months I Are you a United States citizen? (i\ yes (' no Are you a registered voter of the City? (i' yes (' no Are you employed by the City? (' yes (i' no If yes, what department? Do you presently serve on a City board(s)? (' yes (i' no If yes, please list board(s): Have you previously served on a City board(s)? (' yes (i' no If yes, please list board(s): Are you currently serving on a board, authority, commission for another governmental agency? (i' yes (' no If yes, what agency and board?!code Enforcement Board Have you ever been convicted or pled guilty to a criminal charge or pled nolo contendere (no contest) to a criminal charge? If yes, what charge? where; (' yes (i' no when; I and disposition was: Have your civil rights been restored? (' yes (' no Are you a member or participant of any community organizations? (' yes (i' no If yes, please list What are your hobbies/interests? Gardening, reading, chess Why do you want to serve on this board/committee? I also hold a Certificate in City and County Planning (University of Missouri, Columbia, Missouri, USA) and a Postgraduate Diploma in Architectural Practice (DeMontfort University, Leicester, England, UK).I have thirtysix years of practical and teaching experience in architecture, engineering, planning and construction. I am a certified building contractor. I wish to put my experience to use in service of my community. Continue on the next page

91 Section , Florida Statutes, requires certain information on statutorily created boards to be filed on an annual basis. Please complete the following: Race:!caucasian Gender: IMale Physically Disabled: I No For Youth Advisory Board applications only: (Adult Advisory Member) Are you 30 years or older? r yes r no APPLICANT CERTIFICATION By filing this application with the City of Palm Bay, I 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 public 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. 3. I consent to filing the Statement of Financial Interests (Form 1) if required for this board If appointed to a board/committee, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, 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. Submit by ) 1... Pr_in_t_F_o_rm.

92 MEMO TO: r and Members of City Council FROM: Alice Passm DATE: October 14, 2 SUBJECT: One (1) Appointment- Recreation Advisory Board As you may recall, Clarence Frederick resigned from the above subject board. The vacancy has been announced at the last two regular Council meetings and applications solicited for same. The following application has been received: Alfred R. Agarie 281 Emerson Drive, NW The matter is presented to Council for the appointment of one (1) member to the Recreation Advisory Board. The individual appointed to the position will complete Mr. Frederick's term which expires December 15, If you should have any questions, please advise. jed Attachment

93 Office of The OCT City Clerk APPLICATION FOR MEMBERSHIP CITY BOARDS OR COMMITTEES THIS APPLICATION MUST BE RECEIVED BY THE OFFICE OF THE CITY CLERK NO LATER THAN WEDNESDAY, 5:00 P.M., /0/ f / I ", TO BE CONSIDERED BY THE CITY COUNCIL. r r. Board/Committee: &crtu:j..-ht;/1 AAvl }Qry J?~ro/ - 1. Fullname: ft/frlj (<.JA.111)L'j A-,?:r,ta) Home Addre 1 s: 1 '2-8 I (ne.r ->t:j/1 Pr. City: 'ta-'yl 0\. Zip Code:.~_...l.'-"'E;..,-~.~<:..:11~1- l 0~ - Fax No.: ( '32-t) q ~tl---- IZ-1 'f= )!.v'g() Add~ss:.~~~~~~~~--~~~~ City:. ~'---_.,...r..e..~ If retired, what was your occupation prior to retirement? ~-r--=-.: List job responsibilities in the space above. 2. Education: /fty_jt,. 5'<ke / am/...fw"./eva /) / cgif/ 4/4-w<--. a,/.; p<d 3. Have you ever held a business license or certificate? If yes, please provide the following: Issue Title ~ate '/z.. 'f/ llf &"{ r/llt-f"\ -r ~ R- t.-c e.. at 4. Are you a ~sident of the City? If yes, how long? ;k-1 y<e<< Yes~ No. Issuing Bocc.. Disciplinary Authority CO f ;3 Action/Dates YesL No 5. How long have you been a resident of Brevard County? ----~?-_1"" ~jl:d...~..=:..:::~ /

94 City of Palm Bay, Florida Application - Boards/Committees Page 2 of3 6. Are you a United States citi2bn? 7. Are you a registered voter of the City? Yes Yes / No / No 8. Are you employed by the City? 9. Do you presently serve on a City board(s)? Yes Yes NoV No,/ If yes, pleaselistboard(s):. 10. Ha'\le you previously served on a City board(s)? Yes No~ lfyes, please listboard(s):. 11. Are you currently serving on a board, authority, or commission for another govemm~tal agency? Yes No v'"'--- lfyes, what board, etc Have you ever been convicted or pled guilty to a criminal charge or pled nolo contencj.ef9 (no contest) to a criminal charge? Yes No_/_ If yes, what charge =~; where ; when, disposition was: Convicted Pled Guilty Pled No Contest Have your civil rights been restored? fl/1/t No. Yes --

95 ., ' City of Palm Bay, Florida Application - Boards/Committees Page 3of3 16. Section , Florida Statutes, requires certain information on statutorily created boards to be filed on an annual basis. Please complete the following: Race: African-American Asian-American Hispanic-American Native-American Gender: Male Female Caucasian Not Known Physically Disabled: Yes No 17. For Youth Advisory Board applications only: (Adult Advisory Member} Are you 30 years or older? Yes No APPLICANT CERTIFICATION By filing this application with the City of Palm Bay and placing my signature below, I 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 public 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. 3. I consent to filing the Statement of Financial Interests if required for this board. 4. If appointed to a board/committee, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials Florida Sunshine Law (Florida Statutes, Chapter 112, Part Ill) (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 the City Council or its designated representative to verify any and/or all information provided. Signature: A Ap ~ Date: /0/ t;.,/l'f Please return to: City of Palm Bay Office of the City Clerk 120 Malabar Road, SE Palm Bay, FL 32907

96 I v 0 The City of ~ Florida ~!!!'Y TO: FROM: Honorable Mayor and Members Susan Hann, P.E., City Manag DATE: October 14, 2014 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. /tjl 1. Purchasing Manager to attend the Florida Association of Public Procurement Officials Board Meeting Fall Workshop in Daytona Beach, Florida, from November 6-7, Estimated cost is $ Police Chief to attend the International Association of the Chiefs of Police Annual Conference in Orlando, Florida, from October 25-28, Estimated cost is $ Police Detective to travel to California to interview a suspect in an open investigation. The suspect was taken into custody on October 2, 2014; and the dates of travel are October 3-6, Estimated cost is $1,096. (RATIFICATION) 4. Nine SWAT team members to attend the 2014 SWAT Round-Up International Training/Competition in Orlando, Florida, from November 9-14, Estimated cost is $5,456. Attachments: 1) Memorandum from Finance Director Dated October 6, ) Memorandum from Police Chief Dated October 3, 2014 K:llefler\Agendaltems\October \Training& T raveiauthorization doc

97 ~ The City of Florida ~!!!J.Y FINANCE DEPARTMENT INTER-OFFICE MEMORANDUM TO: FROM: Susan Hann, P.E., City Manager Yvonne McDonald, Finance Director DATE: October 6, 2014 SUBJECT: Training & Travel Request- Bob bye Marsala Bobbye Marsala, Purchasing Manager, is requesting to attend the Florida Association of Public Procurement Officials (FAPPO) Board Meeting and Fall Workshop in Daytona Beach, Florida, from November 6-7,2014. The Purchasing & Contracts Division's primary responsibility is for the acquisition of goods and services that are essential to citywide operations. They are responsible for the annual procurement of approximately $36 million dollars' worth of goods, services, annual contracts, construction projects and professional service agreements. There is an extensive bank of knowledge required to manage responsibility as it relates to laws and procedures, at the local level, State and Federal levels. The FAPPO Fall Workshop provides learning opportunities that cover issues such as contract administration, reverse auction opportunities, and transformation of purchasing function. Bobbye is scheduled to be a presenter for 2-sessions at this Workshop and will provide training to attendees regarding FL Statute Updates as well as training on the 2-Step RFP Process. The Purchasing Manager will be attending the full Workshop on November 7th in addition to the Board Meeting which will be held on November 6th. Ms. Marsala is an active Past President of the association and is a member of the Advocacy Committee. Estimated Total Cost: Ibm Registration (no charge for Presenters) Hotel Per Diem TOTAL $ 0.00 $ $44.00 $ Malabar Road SE- Palm Bay, FL PHONE: FAX:

98 PALM BAY POLICE DEPARTMENT Building Partnerships for a Safer Community Interoffice Memorandum TO: FROM: Susan Hann, P.E., City Manager Doug Muldoon, Chief of Police DATE: October 3, 2014 RE: Travel - Police Department I am requesting permission to attend the International Association of the Chiefs of Police (IACP) Annual Conference in Orlando, FL from October 25-28, Registration is $350, lodging will be covered by the FBINAA, and per diem is estimated at $139. The total cost to the City is estimated at $489 and is budgeted in I am also requesting permission for the following employees to travel for business purposes: Detective Ursula Cowan will be flying to California to interview a suspect in an open investigation. The subject was taken into custody October 2, The dates of travel are October 3-6, Airfare, lodging and car rental is $872.25, per diem is $183, and parking is estimated at $40. The total cost to the City is estimated at $1, and is budgeted in There was insufficient time to put this on a council agenda prior to the travel so this request is being made retroactively. 9 SWAT team members to the 2014 SWAT Round-Up International Training/Competition being held in Orlando, FL from November 9-14, This annual competition requires sending an 8 member competitive team and 1 non-competing team leader for 2 days of training before participating in a series of competitive events with SWAT teams from across the country. The competitive members of the SWAT team are Lieutenant Greg Latulippe, Sergeant Cliff Graves, Sergeant Thomas Ribnicky, Officer David Morales, Officer Millan Valdes, Officer Joshua Taylor, Officer Jason McCoy, and Officer James Bearden and the Team Leader will be Lieutenant Mario Augello. These events are designed to identify teams considered to be the most tactically proficient in their field. The SWAT team has competed on a regular basis each year and the cost is expected to be underwritten by sponsors again. The registration cost is $900 for the team, per diem is $264 per person ($2,376 total), and lodging will be 4 rooms for 5 nights (2 to each room) at $109 per person ($2, 180 total) for a total cost of $5,456. Any shortfall on costs will be applied to the Uniform Services travel budget Please contact me if you have any questions.

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100 ± LOCATION MAP LAMPLIGHTER DR MINTON RD BLVD 95 ELDRON BLVD AMERICANA BLVD CUXHAVEN ST ISAR AVE DRESDEN ST HANAU AVE GERA AVE FULDA AVE SITE LOCATION DONAU AVE COTTBUS AVE ERFURT ST BAUTZEN AVE AACHEN AVE JUPITER BLVD MALABAR RD UNIVERSE ST ISLE ROYAL AVE LOWER VIEWPORT JUPITER KRASSNER DR PACE DR EMDEN AVE GLENDALE AVE PARKWAY EMERSON RD BREMERHAVEN ST ALTONA AVE Canal No 1 SERENADE ST PYRACANTHA ST FERNANDINA ST COMMARGO RD 636 CUXHAVEN ST. NW MALABAR RD RIVIERA DR EMERSON DR PALM BAY RD CITY LIMITS