HomeMy WebLinkAboutAgenda Packet 09-22-2015 [city seal]
CITY OF
CAPE CANAVERAL
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
September 22, 2015
5:30 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that
is listed on the agenda for final official action by the City Council excluding public hearing items which are heard
at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational
items),and quasi-judicial or emergency items. Citizens will limit their comments to three(3)minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council may
schedule items not on the agenda as regular items and act upon them in the future.
CONSENT AGENDA:
5:45 p.m. — 5:50 p.m.
1. Approve Minutes for Special City Council Meeting of August 7, 2015, Regular City
Council Meeting of August 18, 2015 and Special City Council Meeting of
September 8, 2015.
2. Approve Change Order#1 to Wm. Turnbaugh Construction, Inc., in the amount of
$48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the City
Manager to execute the same.
3. Approve the preliminary plat for the purpose of developing the New City Hall
Facility — 100 Polk Avenue.
4. Approve the amended Transportation Impact Fee Trust Fund Disbursement
Agreement between Brevard County and City of Cape Canaveral for construction
of complete streets improvements to North Atlantic Avenue and authorize the
Mayor to execute the same.
5. Approve Application for Reduction or Satisfaction of Code Enforcement Lien, Case
No. 10-00150, 7000-7008 N. Atlantic Avenue from $2,188.75 to $1,094.38.
6. Approve Application for Satisfaction or Release of Code Enforcement Liens, Case
No. 12-00083, 8200 Canaveral Blvd, Unit 2-D from up to $92,850.00 to
$10,000.00.
City of Cape Canaveral, Florida
City Council Meeting
September 22, 2015
Page 2 of 3
7. Resolution No. 2015-13; authorizing an addendum to the Contract for fire
protection and emergency medical services between the City of Cape Canaveral,
Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an
effective date.
8. Resolution No. 2015-14; authorizing an agreement for Municipal Law Enforcement
Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff
of Brevard County; providing for an effective date.
9. Resolution No. 2015-16; reappointing members to the Board of Adjustment, Code
Enforcement Board, Culture and Leisure Services Board and Library Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Douglas Raymond, Mary K. Russell, John
Dattilo, Barry Schoenholz, Marlene Woodside and Marilyn Nicholas)
PUBLIC HEARING:
5:50 p.m. — 6:00 p.m.
10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City
Council Elections to fill Councilmember vacancies; providing for conflicts,
severability, incorporation into the Code, and an effective date, second reading.
11. a. Resolution No. 2015-15, adopting a Final millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the
City of Cape Canaveral, Brevard County, Florida; providing for an effective date.
b. Ordinance No. 10-2015, adopting the Annual General Fund, Wastewater
Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special
Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal
Year beginning October 1, 2015, and ending September 30, 2016; providing for an
effective date, second reading.
ITEMS FOR ACTION:
6:00 p.m. — 6:45 p.m.
12. Approval of the Prismatic Branding Effort.
REPORTS:
6:45 p.m. — 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting,that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
City of Cape Canaveral, Florida
City Council Meeting
September 22, 2015
Page 3 of 3
record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
In accordance with the Americans with Disabilities Act:all interested parties may attend this Public Meeting.The
facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in
the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the
meeting.
CITY COUNCIL SPECIAL MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
FRIDAY
August 7, 2015
4:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 4:00 P.M.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
PUBLIC PARTICIPATION: None
DISCUSSION:
1. Discussion and any action deemed necessary related to the 2015 Municipal
Election and the Method of filling City Council vacancies created by the resignation of
Council Members Hoog and Petsos: Attorney Garganese summarized the details/events
that led to this Meeting and reviewed portions of his legal memorandum. He indicated
the issue is whether the November 3, 2015 General Election is an intervening election
which will allow filling of the vacancies. The City Council discussed whether there is an
intervening election: A consensus was reached that there is an intervening election
and the vacancies will be filled at the election. Discussion moved to the ballot layout,
City Code Section 2-26, whether there could be a ballot item for the election of the Mayor
and a separate ballot item for the filling of the vacancies; whether to modify Section 2-26
to provide for separate ballot items; the language in the prior City Charter; the qualifying
period for individuals to become candidates to fill the vacancies and the length of same.
Based upon the discussion, Attorney Garganese recommended amending Section 3 of
the Draft Emergency Ordinance to provide for a separate ballot item for filling the
vacancies. He requested Council decide whether to extend the Qualifying Period for the
City of Cape Canaveral, Florida
City Council Special Meeting
August 7, 2015
Page 2 of 2
Mayor's seat and to set a qualification period for filling the vacancies. City Manager
Greene stated the Supervisor of Elections has indicated they must receive ballot
information by August 28th. The qualification periods were discussed. Consensus was
reached to have the qualification period for filling the vacancies as 8/10/15 at 9:30
a.m.to 8/27/15 at 5:00 p.m. and the qualification period for Mayor will stay the same.
Attorney Garganese recommended amending Section 5 of the Draft Emergency
Ordinance to show Council Member positions as a separate ballot item. Whether
individuals would vote for one or two candidates was discussed. Consensus was
reached to show Council Member Positions as a separate ballot item and to vote
for two. Attorney Garganese restated the amendments to Sections 3 and 5 and noted
the declaration of the emergency situation is incorporated in the "Whereas" clauses.
Mayor Randels referred to page 9 of the memo from the City Attorney and asked if this
fundamental principle was considered. Attorney Garganese indicated whenever you can
avoid a vacancy it should be avoided and have the items on the ballot. The Public Hearing
was opened. Desmond Wassel restated his understanding that there will be two ballot
items. He inquired if someone could be on both sections of the ballot, (the Mayor's race
and the two open Council Seats), to which a negative response was received. Mr. Wassel
asked if the candidate who ran for office in 2014 but was not elected to office could be
appointed to one of the vacancies, to which a negative response was received. Angela
Raymond advocated for voting rather than appointing individuals to the vacancies. She
liked the thought of having new individuals involved in the City. The Public Hearing was
closed. A motion was made by Council Member Petsos, seconded by Council
Member Walsh, to approve the Emergency Ordinance as amended by the City
Attorney.The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
Council Member Walsh reiterated the change in qualifying times. Council Member Bond
thanked all involved with this issue, and acknowledged the amount of time spent by the
City Attorney. Mayor Randels also expressed appreciation to the City Attorney.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 4:45 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 18, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tern Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Economic Development Director Todd Morley
Leisure Services Director Gustavo Vergara
Public Works Services Director Joyce Muse
Public Works Services Deputy Director Jeff Ratliff
Infrastructure Maintenance Superintendent Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Jenny Morrison, Library Director for Eau Gallie and Cape Canaveral Libraries, explained
that as of September 1, 2015 the Library Director for Cocoa Beach will also be the Director
for Cape Canaveral Library. She expressed appreciation for all the accomplishments that
have been made over the last five years and how much she has enjoyed working with the
City.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 2 of 5
Tracy Wehking, Head Librarian for Cape Canaveral Library, presented the Annual Library
Report which highlighted the great partnership between the City and the County; the
$30,000 Capital Outlay and how those assets are tracked; the inventory of over 40,000
books, 7,000 dvds, 600 audio books, 400 music cds; 53 magazine/newspaper subscriptions
and 3,914 additional items added in the FY; the service of 125,000 visitors which includes
950 new resident library cards, 15,000 questions answered/computer help given and 4,000
children attending programs; the programs conducted by the Library Staff and the
attendance at City events such as Founder's Day and the Tree Lighting.
Shannon Roberts indicated the contact person for Florida Gas is not responding to calls.
She expressed concern over height of Homewood Suites. City Manager David Greene
indicated the installation of the gas line is temporarily on hold until a contract is in place with
the gas company for the work they will be doing in the right-of-way. Ms_ Roberts spoke of
the restructuring at Public Works Services and expressed concern over theioss of long term
employees, to which City Manager Greene replied explaining reasons for re-organization.
Ms. Roberts wanted to ensure the Council Meeting Room at the new City Hall was large
enough to accommodate the needs of the citizens. City Manager Greene explained the
work to ensure the building will meet the needs of the Community.
PRESENTATIONS / INTERVIEWS:
Proclamation designating Thursday, September 3, 2015 as "Tracey Lynn Bagwell Day":
Mayor Randels explained the circumstances surrounding the death of Ms. Bagwell. He read
the Proclamation into the record and presented it to the Bagwell Family.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tem Hoog requested removal of Item #1. Teresa Miles, executive
Director for Children's Hope Society, spoke on behalf of the Bagwell Family and explained
the success of the fundraiser; the work that is done with the money raised and noted this
year's event is at Cruise Terminal 10bn September 11, 2015.
1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July
21, 2015:
2. Resolution No. 2015-09; adopting the Brevard County 2015 Local Hazard
Mitigation Strategy Multi-Jurisdictional Plan ("Plan"); supporting the County's pursuit of
funding opportunities for the Plan; supporting continued participation in the Plan;
providing for repeal of prior inconsistent resolutions; severability and an effective date:
3. Award the bid for the Roadway/Parkinq Lot Striping Project to Whiteleaf, LLC dba
Traffic Solutions in the amount of$28,700 and authorize the City Manager to execute the
Construction Agreement for same:
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 3 of 5
4. Approve the purchase of an Emergency Power Standby Generator for Lift Station
No. 6 located on Imperial Blvd. in the amount of$41,726:
5. Resolution No. 2015-10; vacating a portion of Polk Avenue right-of-way depicted
and legally described in Exhibit "A", attached hereto and fully incorporated herein by this
reference, which shall result in the vacated right-of-way being retained by the City as sole
adjoining property owner, providing for repeal of prior inconsistent resolutions,
severability, and an immediate effective date:
6. Resolution No. 2015-11; reappointing Members to the Planning and Zoning Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (John Fredrickson & Ronald Friedman):
7. Award the bid for the Mowing & Maintenance for FY2015-2016 to SSS Brevard
OPCO, LLC. dba Green Leaf Landscaping & Irrigation in the amount of $182,640 and
authorize the City Manager to execute the Professional Services Agreement for same:
8. Waive the competitive bidding process for the purpose of extending the term of the
existing contract, and approve the Eighth Addendum to Professional Services Agreement
for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount
of $41,344 with Black's Spray Service, Inc. and authorize the City Manager to execute
same:
A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog,
to approve Consent Agenda Items 2 through 8. The motion carried 5-0 with voting
as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
Item #1 Mayor Pro Tem Hoog requested the minutes be amended on page three of
four to reflect he did not express concern over the proposal to lower the millage rate below
roll-back. The amendment will read: Mayor Pro Tem Hoog expressed eeem=a4a04314
god a desire to go less than the rolled back rate.
A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Bond,
to approve Consent Agenda Item 1 as amended. The motion carried 5-0 with voting
as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARING:
9. Ordinance No. 07-2015 (Revised); amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay
District; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading: City
Attorney Garganese read the Ordinance title into the record, provided a brief explanation
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 4 of 5
of the changes that were made at the last meeting and noted additional changes being
proposed. Mayor Randels provided additional explanation of the Overlay District's
purpose. City Manager David Greene indicated Staff is recommending approval with the
proposed changes. The Public Hearing was opened. Tom Hermansen indicated there is
a parcel that his group owns north of Country Inn & Suites that they would like included
in the Overlay District. City Manager Greene recommended researching whether the
property can be included in the District and if so, an amendment could be proposed at a
later date. Shannon Roberts felt the Visioning efforts did not advocate for an increase in
building height. She urged for a reduction in height in the Overlay Standards. The 65 foot
height standard was discussed. John Benton spoke of former discussion/referendum
related to limiting the height of buildings. Mayor Pro-Tern Hoog indicated there was a
referendum and the courts overturned it saying zoning cannot be legislated by
referendum. Elena Whitehead asked if the Citizens could decide the zoning rules in the
community, to which Attorney Garganese indicated this is a difficult question to answer
because in certain circumstances Charter amendments have regulated zoning; however
zoning regulations are typically set by the City Council through the adoption of Ordinance
after input from the public. She felt the building would not have been so objectionable if it
was further from the road. Gay Clark felt proportion must be considered when deciding
the height of structures, particularly within the small size of the City to ensure the
character of the town is preserved. Josh Surprenant spoke of the growth that has occurred
over the last 15 years, the potential growth at the Port, the need to ensure Cape
Canaveral is not left behind and he expressed support for the height. Shannon Roberts
spoke of the special character of the City and the need to preserve it to ensure we are
not a pass through community. Community Development Director Dave Dickey explained
the review by the Advisory Boards. City Manager Greene requested the finished elevation
of the Homewood Suites be placed in the Weekly Update. Tom Hermansen applauded
the progression of the City; explained the need to incentivize development and that the
City is doing things the right way. Bill Sluth complimented the Council on their work. City
Manager Greene reminded everyone that the cost of land also necessitates the need to
go higher and there are additionallevelopment costs because of the need to stabilize the
facility on pilings. He spoke of the upcoming redevelopment of the "Port of Call" facility
which is doing a good job of balancing these items. The Public Hearing was closed. City
Council Members/Staff comments included: the prior discussion of the EOOD and
keeping the height out of the neighborhoods while encouraging changes to the A1A
corridor, moving the parking to the rear of the properties and the need to have more
restaurants in the community; the time spent on these items by the Advisory Boards; that
the height of the building starts at 45 feet then can step back and go higher; a proposed
amendment for parcels in the District that have two zoning categories (commercial and
residential)on the same parcel; commending Staff for further revisions to ensure the"stair
step" approach is clarified and the safeguards that have been added for adjoining
residences; a desire for parcels which are commercial and residential to be rezoned to all
commercial; further explanation of how the proposed revisions to the District regulations
allows the City more control; that developers want to have highest/best use of the parcels;
if the developer presents a compelling argument for rezoning, Staff certainly would
support it; that Zoning Ordinances are living documents; the handout/ proposed revision
I
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 5 of 5
to Section 110-611 and the need to amend the Ordinance to incorporate same. A motion
was made by Mayor Randels, seconded by Council Member Bond, to accept
Ordinance No. 07-2015 as revised in Section 110-611 at second reading. The motion
carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City
Council Elections to fill Councilmember vacancies; providing for conflicts, severability,
incorporation into the Code, and an effective date, first reading: Attorney Garganese read
the Ordinance title into the record and provided an explanation of same. The Public
Hearing was opened. An unidentified individual asked for further clarification, to which
Mayor Randels responded. The Public Hearing was closed. A motion was made by
Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of
Ordinance No. 09-2015. Discussion included it being in the best interest of the City to
have citizens vote for their representatives and not having a special election will save
money. The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
REPORTS: None
ADJOURNMENT:
There being no furth business;the Meeting adjourned at 7:50 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MM
City Clerk
CITY COUNCIL SPECIAL MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 8, 2015
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5,49 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tern Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial,Services Director John DeLeo
Economic Development Director Todd Morley
Community Development Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Joyce Muse
Public Works Services Deputy Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant
PUBLIC PARTICIPATION: None
PUBLIC HEARING:
1. Resolution No. 2015-04; a joint Resolution of the City Council of the City of Cape
Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency
("Agency"); providing for the approval of an Interlocal Agreement authorizing a loan from
the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to
exceed $470,000.00, for purposes of commencing certain redevelopment activities within
the redevelopment area related to replacing and upsizinq Lift Station No. 6, constructing
City of Cape Canaveral, Florida
City Council Regular Meeting
September 8, 2015
Page 2 of 3
water line improvements or such other activities in order to promote anticipated economic
growth; providing for the incorporation of the terms and conditions of the Interlocal
Agreement into the Redevelopment Plan of the Cape Canaveral Community
Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no
conflicts; severability, and an effective date: Attorney Garganese read the Resolution title
into the record. Mayor Randels noted the first payment is due January 31, 2016 and final
payment January 31, 2026. City Manager Greene explained passage creates a loan and
a Joint Resolution between the City and the Community Redevelopment Agency. A
motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh,
for approval of Resolution No. 2015-04. The Public Hearing was opened. No
comments were received and the Public Hearing was closed. The motion carried 5-0
with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For;
Council Member Petsos, For; Mayor Randels, For;and CouncilMember Walsh, For.
Attorney Garganese was excused from the meeting.
2. Resolution No. 2015-12; adopting a Proposed Millage Rate for the levy of Ad
Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City
of Cape Canaveral, Brevard County, Florida; providing for an effective date: City Clerk
Apperson read the Resolution title into the record. Mayor Randels explained the rolled-
back rate was used as the maximum millage rate and was set in july. Since the Budget
Workshop, the Millage Rate has been reduced to less than the rolled-back rate. This
produces a decrease in the amount of ad valorem taxes received. Positive comments
were received from Council Members and included a belief that Cape Canaveral is a
leader in the county. Mayor Randels noted the final Budget Hearing will occur on
September 22, 2015. A motion was made by Mayor Pro Tem Hoog, seconded by
Council Member Walsh, for approval of Resolution No. 2015-12. A brief discussion
ensued. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. The motion carried 5-0 with voting as follows: Council Member
Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels,
For; and Council Member Walsh, For.
3. Ordinance No. 10-2015; adopting the Annual General Fund, Wastewater
Enterprise Fund. Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue
Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning
October 1, 2015, and ending September 30, 2016; providing for an effective date, first
reading: City Clerk Apperson read the Resolution title into the record. Mayor Randels
noted the second reading of the Ordinance will be on September 22, 2015. He indicated
the Budget is balanced. A motion was made by Council Member Petsos, seconded
by Council Member Bond,for approval of Ordinance No. 10-2015. The Public Hearing
was opened. No comments were received and the Public Hearing was closed. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 8, 2015
Page 3 of 3
Council Members thanked Staff for their work on the Budget and the CRA Items.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:08 P.M.
Rocky Randels Mayor
Angela M. Apperson, MMC,
City Clerk
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/22/2015
Item No. 2
Subject: Approve Change Order #1 to Wm. Turnbaugh Construction, Inc., in the
amount of $48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the
City Manager to execute the same.
Department: Public Works Services
Summary: At the July 21, 2015 City Council Meeting, Council awarded the bid for the
East and West Central Boulevards Gap Sidewalk Project to Wm. Turnbaugh
Construction, Inc.
The Adams Avenue Gap Sidewalk Project is the construction of approximately 900 feet
of concrete sidewalk (5-feet wide) and driveway aprons along the south side of Adams
Avenue to fill in the gaps between existing sidewalks and driveways. Because of the
proximity of this sidewalk project from the East and West Central Boulevards Gap
Sidewalk Project, the City is realizing significant savings by not having to go through
the bidding process and normal mobilization costs. Wm. Turnbaugh Construction, Inc.
has performed outstanding work for the City.
This project is designed to continue improving pedestrian and bicyclist safety within our
City.
Submitting Director: Joyce Muse Date: 09/14/2015
Attachments: #1- Wm.Turnbaugh Proposal
Financial Impact: $48,350.00 to Wm. Turnbaugh Construction, Inc., for the Adams
Avenue Gap Sidewalk Project to be funded by the General Fund; Staff time and effort
to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Approve Change Order #1 to Wm. Turnbaugh Construction, Inc., in the amount of
$48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the City
Manager to execute the same.
Approved by City Manager: David L. Greene Date: 9/14/15
08/14/2015 13:39 3219521280 PAGE 02
[city seal]
Bid#2015-07 Change Order#1 Bid Sheet
Adams Avenue Gap Sidewalk Project
Supply all labor, equipment, materials and supervision as follows for this sidewalk
construction project.
The project scope of work is to fill in sixteen (16) gaps of missing sidewalk sections
along south side of Adams Avenue by constructing new 5-feet wide sidewalk sections
and transition the new sections to the existing 4-feet wide sections. Also, construct five
(5)ADA ramps and install associated ADA mats at the multiple street intersections of the
project. Some mailboxes will have to be relocated within the path of the sidewalk along
with removal of some vegetation/trees.
Unit
Item Code: Quantity: Cost Total Cost:
1). Obtain permit from
Community Development
Department
(no permit fee) LS 1 100' 100'
2).Mob/demob LS 1 1000' 1000'
3).MOT LS 1 1400' 1400'
4). Excavate and dispose
of concrete and dirt LS 1 7,000' 7,000'
5).Remove trees,sod
and vegetation LS 1 8,000' 8,000'
10). Concrete sidewalk;5-feet
wide;4-inches thick SF 3600 3.75 13,500'
11). Concrete sidewalk; 5-feet
wide; 6-inches thick SF 900 5' 4,500'
12). Concrete driveway aprons;
6-inches thick SF 350 5' 1,750'
1 Page
.08/14/2015 13:39 3219521280 PAGE 03
13).ADA approaches/mata EA 5 500' 2,500'
14).Asphalt from sidewalk LS 1 500' 500'
to asphalt driveway aprons
15).Grade and sod LS 1 4,500 4,500'
16).Cleanup LS 1 3,600' 3,600'
Total Project Cost: 48,350'
Estimated Construction Time(Days): 30 dats
Project Cost guaranteed for 120 days.
Signature(Authorized Representative) and Date
Printed Name(Authorized Representative)and Title
Company Name
NOTE:
Irrigation Lines Capped a R/W Line
Sprinkler Head Replacement 25.00
WPW
2 | Page
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/22/2015
Item No. 3
Subject: Approve the preliminary plat for the purpose of developing the New City Hall
Facility— 100 Polk Avenue.
Department: Economic Development
Summary: The City is requesting approval of a preliminary plat (Attachment 1) for the
replat of parcels associated with the development of the City of Cape Canaveral City
Hall Facility located at 100 Polk Ave. The property is zoned C-1.
The overall project includes the construction of a new 18,517 s.f. City Hall Facility
located at the site of the former Community and Economic Development Facility
(previously addressed as 7510 N. Atlantic Ave., but re-addressed to 100 Polk Ave.).
The building was demolished in 2014 and Staff has been temporarily located at the
City-owned property at 110 Polk Ave. since that time.
The proposed plat is needed to accommodate:
• The inclusion of vacant parcels to the north which will be used for underground
stormwater retention, parking and the preservation of trees and green space;
• The inclusion of the developed parcel to the east (110 Polk.) which will be
demolished upon completion of the City Hall Facility. The property will then be
used for parking, a screened dumpster area and facilities for an emergency
backup generator; and
• The inclusion of a vacated portion of the Polk Ave. right-of-way. This area will no
longer be used for vehicular travel and will be developed as a City Hall Public
Plaza connecting the new City Hall site to the current City Hall site at 105 Polk
Ave. as shown in the Site Plan (Attachment 2). Resolution 2015-10 (Attachment
3), approved by City Council on August 18, 2015, vacated this portion of the Polk
Ave. right-of-way.
Chapter 98, Article II of the City Code spells out the process by which the City will
review and approve a preliminary plat. In general, the process consists of three steps:
1 — Staff conducts a pre-application meeting with the applicant to determine if the
application is adequate; 2 — the Planning & Zoning Board holds a public meeting and
makes a recommendation on the proposed preliminary plat; and, 3 — the City Council
holds a public hearing and takes final action on the request.
Consistent with Chapter 98-36 of the City Code, a pre-application conference was held
with the City's Development Review Committee to discuss the project and the
requirements of the City's platting process.
Sec. 98-41 of the City code outlines the required information that must be submitted as
part of the application for preliminary plat approval. Including:
a) A completed application (Attachment 4)
b) A preliminary plat consistent with F.S. Chapter 177 (Attachment 1)
City Council Meeting Date: 09/22/2015
Agenda Item # 3
Page 2 of 2
c) Topographic survey (spot elevations if less than 2% slope) — shown on plat
(Attachment 1)
d) Aerial photograph of the tract (Attachment 5)
e) Filing fee — waived
f) Current title opinion (Attachment 6)
In addition, existing easement documents are included (Attachment 7).
Attached is an email dated August 4, 2015 (Attachment 8) from City Engineer, John
Pekar, P.E. recommending approval of the preliminary plat.
The platting process is divided into two steps, preliminary and final. Prior to the issuance
of a Certificate of Occupancy, a Final Plat application shall be submitted and approved.
The final plat approval process is similar to the preliminary plat process in that the P&Z
Board will make a recommendation to the City Council who will approve the final plat
via resolution (per Sec. 98-61 & 62).
The Planning and Zoning Board at its August 26, 2015 meeting, unanimously
recommended approval of the preliminary plat.
Submitting Department Director: Todd Morley Date: 9/14/2015
Attachments:
1 — Preliminary Plat Survey and Legal Description
2 — City Hall Site Plan
3 — Resolution 2015-10, vacating a Portion of Polk Ave.
4 —Application
5 — Aerial Photo
6 — Title Opinion
7 — Easement Documents
8 — Email from J. Pekar, P.E., City Engineer
Financial Impact: Cost of survey/plat development, P&Z Board Meeting, Resolution
vacating Right-of-Way and Agenda item preparation.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Approve the preliminary plat.
Approved by City Manager: David L. Greene Date: 9/14/15
[construction plans]
[construction plans]
Attachment 3
RESOLUTION NO.2015-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
VACATING A PORTION OF THE POLK AVENUE RIGHT-OF-
WAY DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT
"A," ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN
THE VACATED RIGHT-OF-WAY BEING RETAINED BY THE
CITY AS SOLE ADJOINING PROPERTY OWNER,PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE
AND LEGAL STATUS IF CHALLENGED.
WHEREAS,the City is currently involved in platting the site for a newly constructed City Hall
in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City
Code;and
WHEREAS, the new City Hall site is of substantial public importance to the City and its
citizens;and
WHEREAS, the City of Cape Canaveral desires to cease using a portion of Polk Avenue for
vehicular traffic and desires instead to utilize such property for other City purposes including but not
limited to pedestrian access;and
WHEREAS,under Florida law,when a street is lawfully vacated, title to the area vacated vests
in the adjoining property owners; See Smith v.Horn,70 So.435(1915);and
WHEREAS, the City of Cape Canaveral is the only adjoining property owner on both sides of
the portion of the Polk Avenue right-of-way to be vacated;and
WHEREAS, the City does not need the vacated right-of-way to provide connectivity of
roadways or to handle anticipated traffic,but requires the property for other City purposes;and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in the
best interests of the public health,safety,and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Vacation of Right-of-Way Authorized. The City Council hereby authorizes the
vacation of the portion of Polk Avenue Right-of-Way,which is legally depicted and described in Exhibit
"A,"attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in
the City retaining all interest in said vacated right-of-way,as the only adjoining property owner.
City of Cape Canaveral
Resolution No.2015-10
Page 1 of 2
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct and independent provision and such holding
shall not affect the validity of the remaining portion hereto.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council,or parts of prior resolutions in conflict herewith,are hereby repealed to the
extent of the conflict.
Section 5. Effective Date and Legal Status if Challenged. This Resolution shall become
effective immediately upon adoption by the City Council of the City of Canaveral. However, if any
interested party challenges this vacation of right-of-way or attempts to claim a reversionary interest in the
subject property because of this Resolution and prevails on such challenge or claim,this Resolution shall
automatically be deemed void ab initio without further action of the City Council and shall have no force
or legal effect. If deemed void ab initio,the subject property shall remain City right-of-way.
RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting
assembled on thelithiay of p 2015.
CITY OF CAPE CANAVERAL
Rocky Randels,Mayor
ATTEST:
Angela Apperson, City Clerk
[seal]
FOR AGAINST
John Bond X
Bob Hoog Second
Buzz Pestos Motion
Rocky Randels X
Betty Walsh X
Approved as to form and legal sufficiency for the
City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2015-10
Page 2 of 2
Ehxibit "A" to Resolution No. 2015-10
[construction sketch]
Exhibit "A" to Resolution No. 2015-10
DESCRIPTION
NOT A BOUNDARY SURVEY
A PORTION OF POLK AVENUE TO BE VACATED
DESCRIPTION OF EASEMENT:
A portion of the right of way nt Polk Avenue lying between Blocks 41 and 46 of AVON BY THE SEA according to the
plot thereof recorded in Plot Book 3, Page 7, said land is lying within Section 23, Township 24 South, Range 37 East.
Brevard County. Florida, being more particularly described as follows:
Begin at the Southwest corner of said Block 41; thence N87'48'25"E, along the South line of said Block 41. a distance
of 107.50 feet, to a point of intersection with a non-tangent curve, concave Northwesterly, having a radius of 20.00 '
feet and a central angle of 50'51'11"; thence leaving the South line of said Block 41, Southwesterly along the arc of
said curve to the right, a distance of 17.75 feet (sold arc subtended by a chord bearing S42'59'02"W, a distance of
17.17 feet), to a point of reverse curvature with a curve, concave Southeasterly, having a radius of 35.00 feet and a
central angle of 72'50'50"; thence Southwesterly, along the arc of said curve to the left, a distance of 44.50 feet, to a
point of tangency; thence S04'26'13"E, a distance of 1.51 feet, to the North line of said Block 46; thence S87'48'25"W,
along said North line, a distance of 73.55 feet, to the Northwest corner of said Block 46; thence N00'22'38"W, a
distance of 48.02 feet, to the POINT OF BEGINNING; Containing 4,078 square feet or 0.09 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon ore bosed on a bearing of N87'48'25"E, along the South line of Block 41.
3. o = Denotes change in direction (no corner found or set).
SEE SHEET I FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
I hereby certify that the attached Property Description was prepared
EXHIBIT "A" under my direction, in accordance with all applicable requirements of
SHEET 2 OF 2 the 'Minimum Technical Standards,' for Iond surveying in the State of
Florida, described in Chapter 5J-17. Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ALLEN ENGINEERING, INC.
Engineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH, FLORIDA 32932 Not valid without the BY:
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original Robert [illegible]. SALMON
Website: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. CITY OF CAPE CANAVERAL
JOB NO. 150037 DATE: 6-08-15
L:\Survey\Drawings\2015\150037_Cape Canaveral City Hall\150037_PolkAveVacated.dwg, 6/8/2015 11:16:30 AM
Attachment 4
City of Cape Canaveral
Preliminary and Final Plat
information Sheet
Date of Submittal: August 18, 2015
Project name: Cape Canaveral City Hall
Project address(if not available, provide general location) 100 Polk Ave.
Cape Canaveral, FL 32920
Legal description(attach legal) see attached plat
FLU and Zoning designations: C1
Owner(s)name: City of Cape Canaveral
Owner(s)address: 105 Polk Ave. Cape Canaveral, FL 32920
Phone number(s): (321)868-1220x330
Email(s): t.morley@cityofcapecanaveral.org
if applicant is not owner, a completed Power of Attorney form is required.
Applicant name: Todd Morley
Applicant address: 105 Polk Ave. Cape Canaveral, Fl 32920
Applicant phone number(s): (321)868-1220x330
Applicant email(s): t.morley@cityofcapecanaveral.org
Signature(owner or applicant): [signautre]
4
Prelim.&Final Plat App 1/2015
Attachment 5
Aerial Photograph of New City Hall Site Area Showing All Re-Platted Parcels
[said photograph]
Attachment 6
OLD REPUBLIC
National Title Insurance Company
2300 Maitland Center Parkway#140
Maitland, FL 32751
Phone: 407-647-1915
OWNER & ENCUMBRANCE
SEARCH REPORT
Agent File No.: City of Cape Canaveral City Hall Property Re-Plat
File No: 15044711
BROWN GARGANESE WEISS &
D'AGRESTA PA
111 N. ORANGE AVENUE#2000
ORLANDO, FL 328022873
Phone: 407-425-9566
ATTN: Kim Kopp
THIS TITLE SEARCH IS AN OWNERSHIP AND ENCUMBRANCE SEARCH ONLY AND DOES
NOT REFLECT TITLE DEFECTS OR OTHER MATTERS THAT WOULD BE SHOWN BY TITLE
INSURANCE.
Legal Description:
Parcel 1:
Lots 1,2 and 3, Block 41,Avon By The Sea,according to the plat thereof as recorded in Plat
Book 3, Page 7, of the Public Records of Brevard County,Florida.
Parcel 2:
Lots 4, 9, 10, 11 and 12, Block 41,Avon By The Sea,according to the plat thereof as recorded in
Plat Book 3, Page 7, of the Public Records of Brevard County, Florida.
Parcel 3: •
Units 1, 2, 3, 4, 5, 6, and 7 of Cape Canaveral Professional Building, a Condominium, according
to the Declaration of Condominium thereof, as recorded in Official Records Book 2292, Page
2699, of the Public Records of Brevard County, Florida, and all amendments thereto,together
with its undivided share in the common elements.
Parcel 4:
O&E Search Report Page 1 of 3
All Common areas of Cape Canaveral Professional Building, a Condominium,according to the
Declaration of Condominium thereof,as recorded in Official Records Book 2292,Page 2699,of
the Public Records of Brevard County,Florida.
Last Record Title Holder:
City of Cape Canaveral,Florida,a Florida municipal corporation
Documents of Record(copies attached):
Warranty Deed recorded in O.R. Book 5787,Page 967.
Warranty Deed recorded in O.R. Book 5788,Page 6740.
Warranty Deed recorded in O.R. Book 7050,Page 1978.
Plat of Termination of The Declaration of Condominium of Cape Canaveral Professional
Building,a Condominium recorded in O.R. Book 7092,Page 2890.
Declaration of Condominium of Cape Canaveral Professional Building,a Condominium
recorded in O.R. Book 2292,Page 2699, as amended in O.R. Book 2701,Pages 2820 and 2834.
Easement recorded in O.R. Book 2290,Page 2443.
Easement recorded in O.R. Book 4108,Page 3165.
ABSTRACTORS NOTE:
Unable to determine ownership or name of City right of way referenced as Number 5 and
unassigned as legal sent for search.
Polk Avenue possibly dedicated by plat which would vest in the City. " Subject to the rights of
the public for Parcel 5".
O&E Search Report Page 2 of 3
Period Searched:
From January 1, 1977 to April 27,2015 @ 5:00 P.M..
Tax Information:
Tax ID Number: 24-37-23-CG-00041.0-0001.00 and 24-37-23-CG-00041.0-0004.00 and
24-37-23-CG-00041.0-0009.00 and 24-37-23-CG-00041.0-0013.XA
2014 Taxes are Paid
Back Taxes: None
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has not searched for, nor do we
assume any liability as to any, restrictions, easements, reservations, conditions, or limitations of record,
further this report does not cover any improvement or special assessments by any county or municipal
governmental agency.
NOTE: The limit of liability under this certificate for the information furnished herein or for
any reason whatsoever,whether based on contract or negligence, shall not exceed $1,000 and shall
be confined to the applicant to whom the certificate is addressed.
Date: May 01,2015
Authorized Signatory
O&E Search Report Page 3 of 3
Attachment 7
This document prepared by:
WALTER STOCKMAN
Attorney at law
PO Box 855
EASEMENT Coma Beach FL 32931
THIS DEED, made this 26th day of March 1981, by JAMES E. MORGAN
and R. J. WITEK as joint tenants with rights of survivorship, whose
post office address is: 160 Polk Avenue, Cape Canaveral, Florida
32920, GRANTORS; to J.M.D.J., INC., a Florida corporation having
its principal place of business in Brevard County, Florida and
lawfully authorized to transact business in the State of Florida
GRANTEE, 110 Polk Avenue, Cape Canaveral, [illegible]
WITNESSETH:
WHEREAS, the GRANTORS are the owners of that certain property located in
Brevard County, Florida, and more particularly described as:
Lot 14, Block 41, AVOW BY THE SEA, according
to the Plat thereof, as recorded in Plat Book
3, Page 7, Public Records of Brevard County, [stamps]
Florida, Together with Wolverine Mobile Base,
I. D. No. 1630.
hereinafter called the servient tenement, and
WHEREAS the GRANTEE is the owner of that certain property located in
Brevard County, Florida and being adjacent to the servient tenement, and
being more particularly described as:
Lot 13, Block 41, AVON-BY-THE-SEA, according
to the Plat thereof, as recorded in Plat Book
3, Page 7, Public Records of Brevard County,
Florida.
hereinafter called the dominant tenement, and
WHEREAS, the GRANTEE proposes to submit the dominant tenement to the
condominium form of ownership pursuant to law and requires a right of way
and easement through and over the serviant tenement to the rear parking
area of the dominant tenement far the purpose of ingress and egress to such
parking area, provided that he converts the present drive-through located in
the existing building on the dominant tenement to an office to be known as
Unit 3 , of the Cape Canaveral Professional Building, a condominium, and
WHEREAS, the GRANTORS may in the future, submit the servient tenement
to the mndaninine form of ownership pursuant to Law,
NOW THEREFORE. in consideration of ONE AND NO/100 DOLLARS ($1.00) paid
by the GRANTEE, the receipt of rehidh is hereby adumwledged, the GRANTORS
have granted, bargained, and sold to the GRANTEE, its successors and assigns
a right of way and easement for the purpose of ingress and egress to the
OFF. REC. PAGE
2290 2443
Order: 15044711 Doc:2.0|1|12009|BP|OR.2290.02443|1|1 PAGE 1 OF 3 Created By:Adair Bridges Printed: 5/1/2015 11:43:20 AM
EST
north parking lot of the dominant terament, the easement strip being described as:
The East sixteen feet (16') and the North sixteen
feet (16') of Lot 14, Block 41, AVON BY THE SEA,
as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida, Together with 1959
Wolverine Mobile Nome I. D. No. 1630.
subject to the following:
1. This right is conditioned on:
a. the reasonable exercise thereof by the dominant tenement.
b. The maintenance and repair of the easement strip by the daninant
tenement at its own expense during such time that the dominant
tenernnt shall have the exclusive use of such right of way and ease-
ment.
2. The right of way and easaaet herein granted shall be for the exclusive
use of the dominant tenement during such time that the servient tene-
ment is used by the GRANTORS for residential purposes not in them on-
dominant form of ownership.
3. Should the GRANTORS submit the servient tenement to the condominium form
of ownership pursuant to law, the the GRANTEE agrees that the right
of way and easement may be jointly used by the azeinent and servient
temente, and in that event, the costs and expenses of maintaining
and repairing the easement strip shall be equally shared by boat
tenements, and the use of the said easement by both tenements shall
be non-exclusive as to each.
4. If the GRANTEE determines that Unit 3 of the Cape Canaveral Professional
Building shall not be aonstrveted so that the existing drive-though
carttinum to provide ingress and egress to and from the rear parking
area of the dominant tenement, then the GRANTORS shall have the right
to terminate the right of way and easement herein granted, by re-
cording such termination in the Public Records of Brevard County,
Florida.
IN WITNESS WHEREOF, GRANTORS have executed this deed as of the date first
above written.
Witnesses: [four signatures including two Grantors]
OFF. REC. PAGE
2290 2444
Order: 15044711 Doc:2.0|1|12009|BP|OR.2290.02443|1|1 PAGE 2 OF 3 Created By:Adair Bridges Printed: 5/1/2015 11:43:20 AM
EST
STATE OF FLORIDA
COUNTY OF BREVARD
Before me this day personally appeared JAMES E. MORGAN and R. J. WITEK,
to me well known to be the persons described in and who executed the fore-
going deed, and they acknowledged before me that they signed the same for
the purpose therein expressed.
WITNESS my hard and official seal this 26th day of March 1981.
Notary Public
[notary public seal]
OFF:--REC. PAGE
2290 2445
Order: 15044711 Doc:2.0|1|12009|BP|OR.2290.02443|1|1 PAGE 3 OF 3 Created By:Adair Bridges Printed: 5/1/2015 11:43:20 AM
EST
[barcode]
CFN:2000001389 01-07-2000 12:16 pm
OR Book/Page: 4108 / 3165
RWO/SIO/TWO/ER
Sec 23 Twp 24 S,Rge 37 E Sandy Crawford
Pole#93E9 Clerk Of Courts,Brevard County
Return To: #Pgs: 2 #Names: 2
D. W. Hunter EASEMENT Trust: 1.50 Rec: 9.00 Serv: 0.00
FLORIDA POWER & LIGHT CO. Deed: 7.00 Excise: 0.00
P.O. BOX 2651, DAYTONA BEACH, FL 32123 Mtg: 0.00 Int Tax: 0.00
The undersigned, in consideration of the payment of$1.00 and other good and valuable consideration,
the adequacy and receipt of which is hereby acknowledged,grant and give to Florida Power&Light Company,a
Florida corporation, Its licensees, agents, successors, and assigns, an easement forever for the construction
operation and maintenance of overhead and underground electric utility facilities (including wires, poles, ,
cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct,
improve, add to,enlarge,change the voltage, as well as, the size of and remove such facilities or any of them
within an easement j.feet in width described as follows:
A parcel of land lying within Section 23, Township 24 South, Range 37 East, being more particularly
described as follows:
The North 5.00 feet of the West 5.00 feet of Lot 9, Block 41 according to the Plat of Avon By The Sea as
recorded in Plat Book 3, Page 7A of the Public Records of Brevard County, Florida.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder
and lay cable and conduit within the easement and to operate the same for communications purposes;the right of
ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees,
undergrowth and direr obstructions within the casement area; to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees a limbs outside of the easement area which might interfere with or fall upon the
lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent
the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described,
over, along, under and across the roads, streets or highways adjoining or through said property.
WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20
day of December , 1999
Signed,sealed and delivered
in the presence of: KABBOORD PROPERTIES INC.
Terry Rigby By: Mark D Kabboord
Signature: Print Name: Mark D Kabbord
Print Name: Terry Rigby Its: Vice President
Attest: David W. Kabbord (seal)
Donald W. Hunter Print Name: David W. Kabbord
Signature: Its: President
Print Name: Donald W. Hunter Address: 3201 N Atl Av Cocoa Bch Fl 32931
(Acknowledgement on next page)
ACKNOWLEDGMENT
STATE OF FLORIDA )
)ss:
COUNTY OF BREVARD )
On this 20 day of December, 1999 before me, the undersigned notary public,
personally appeared DAVID W KABBOORD, PRESIENT (title)
and MARK D KABBOORD, VICE PRESIDENT (title) of
KABBOORD PROPERTIES, INC, a FLA corporation, personally known to me to be
the persons who subscribed to the foregoing instrument or who have produced
- and -, respectively as identification, and
acknowledged that they executed the same on behalf of said corporation and that they were duly
authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Terry Rigby
NOTARY PUBLIC, STATE OF FLORIDA
[notary public seal] Terry Rigby
Name (Print):
[barcode]
CFN:2000001389
OR Book/Page: 4108 / 3166
CCC/DGE - 3722 Eas (4C)
Form 3722 Rev. 2/9/94
2
Attachment 8
David Dickey
From: John Pekar <johnpekarpe@gmail.com>
Sent: Wednesday,August 12, 2015 10:20 AM
To: David Dickey
Subject Fwd:City Engineer review requested
Per your request.
John A. Pekar, PE
Forwarded message
From: John Pekar<johnpekarpe(a gmail.com>
Date: Tue,Aug 4,2015 at 9:05 AM
Subject: Re: City Engineer review requested
To: Todd Morley<T.Morley@cityofcapecanaveral.org>
Todd:
We have reviewed the information provided and have no exceptions and/or comments related to the boundary
and topo and vacating a portion of the Polk Ave. ROW. We recommend approval.
John A. Pekar, PE
On Thu,Jul 30,2015 at 11:12 AM,Todd Morley<T.Morley@cityofcapecanaveral.org>wrote:
Good Morning John,
As you may recall,the City is vacating a portion of the Polk Ave. ROW(attached) for the new City Hall
project.
The City Council should approve the vacation at the August 18t meeting.
Once that is approved,the vacated portion of the Polk Ave. ROW will be blended into the new City Hall
property via re-plat.
At the same time we will be including the City owned parcels north and east of the new City Hall site—all
rolled into one plat(see attached).
The P&Z Board is scheduled to hear the preliminary re-plat item at its August 26th meeting.
I am hoping that all goes smoothly at the Council meeting so all can go smoothly at the P&Z meeting.
Please review both of the attachments and provide comments and/or an approval memo at your earliest
convenience.
Thanks!
1
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/22/2015
Item No. 4
Subject: Approve the amended Transportation Impact Fee Trust Fund Disbursement
Agreement between Brevard County and City of Cape Canaveral for construction of
complete streets improvements to North Atlantic Avenue and authorize the Mayor to
execute the same.
Department: Public Works Services
Summary: On December 13, 2011, the Board of Brevard County Commissioners
approved the appropriation of $868,732.89 to the City of Cape Canaveral (City) and
entered into a Transportation Impact Fee Trust Fund Disbursement Agreement. These
appropriations were earmarked for the North Atlantic Avenue Streetscape
Improvements (Project).
Due to this being a FDOT Local Agency Program (LAP) Project, there were some
delays in getting this Project out to bid. The first bid package was advertised on
February 20, 2015; the City only received one (1) bid at the March 24, 2015 opening.
The sole bid received was substantially over budget. After adjusting the scope of work,
a re-bid was advertised on July 2, 2015. The re-bid opening was August 4, 2015.
Per Article VI. 6.4 of the Transportation Impact Fee Trust Fund Disbursement
Agreement, the City must expend the full amount of$868,732.89 before the termination
of the Disbursement Agreement, which is September 30, 2015. The remaining balance
to be spent is $422,000.00 of the original disbursement amount. The City requested
that the Board of Brevard County Commissioners grant a one (1) year administrative
extension to the Disbursement Agreement due to the unknown date of when the
winning bidder may be able to mobilize, start construction and complete the Project.
On August 18, 2015, the Board of Brevard County Commissioners granted the one (1)
year extension with a new termination date of September 30, 2016.
The amended Transportation Impact Fee Trust Fund Disbursement Agreement is
included as Attachment #1.
Submitting Director: Joyce Muse Date: 09/11/2015
Attachment: #1 —Amended Transportation Impact Fee Trust Fund Disbursement
Agreement
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/11/15
City Council Meeting Date: 9/22/2014
Item No. 4
Page 2 of 2
The City Manager recommends that City Council take the following actions:
Approve the amended Transportation Impact Fee Trust Fund Disbursement Agreement
between Brevard County and City of Cape Canaveral for construction of complete
streets improvements to North Atlantic Avenue and authorize the Mayor to execute the
same.
Approved by City Manager: David L. Greene Date: 9/11/15
Attachment 1
FIRST AMENDMENT TO THE
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL, FLORIDA
for construction of a
COMPLETE STREETS IMPROVEMENTS ON NORTH ATLANTIC AVENUE
in the amount of$868,732.89
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
This is an Agreement between: BREVARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
and
CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and
assigns, hereinafter referred to as "CITY".
WITNESSETH that, for and in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically
set forth in this Agreement.
1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal
corporation.
1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the
State of Florida.
1.4 DEPARTMENT: means the Finance Department of Brevard County,Florida.
1.5 DIVISION: means the Planning and Development Department of Brevard County,
Florida.
1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V,
Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard
County, Florida.
1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard
County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990,providing
for participation in the Brevard County Transportation Impact Fee Program.
1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by
CITY.
1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit
"A" entitled "Project Description".
1.10 TIFT FUNDS:means the Transportation Impact Fee Trust; the monies given to CITY
pursuant to the terms of this Agreement.
ARTICLE II
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties herein, the
following statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of
Ordinances of Brevard County,Florida, incorporated herein by reference,provides for the
imposition of the Transportation Impact Fee and sets forth the manner and amount for
collection and use of funds.
2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference,
the COUNTY and CITY have coordinated the collection of Transportation Impact Fees
and participated in the process for project recommendations to the Board of County
Commissioners of Brevard County, Florida.
2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of
Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is
administrator for the Program and COUNTY is mandated to comply with various
statutes,rules and regulations as to the allocation of expenditure of funds.
2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for
the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures
COUNTY, that CITY will comply with all state and local statutes, rules and regulations
and applicable codes and regulations as made known to the CITY relating to the
Project(s)and the Program, as a condition precedent to the release of such funds to CITY.
ARTICLE III
PROJECT(S)
CITY hereby agrees to provide and implement the following eligible Project(s):
This project includes the design, engineering and construction of Complete Streets
Improvements on North Atlantic Avenue between State Road AlA and George King
Boulevard in Cape Canaveral,Florida.
From Merritt Island/North Beaches TIFT Fund.
Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached
hereto and by this reference made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The amount payable by COUNTY under this Agreement shall be $868,732.89. The City
acknowledges receipt of a prior payment in the amount of$868,732.89 approved by the
County on December 13,2011.
ARTICLE V
RECORDS
5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the
other as to receipt, allocation and expenditure of Impact Fees, including records as to bid
awards and purchase orders. All such inspections shall be made upon reasonable notice
and at a reasonable time and place. Upon a request to review or obtain copies of records
by one party to the other hereunder, the party responding to a request for review shall
furnish assistance as well as copies of appropriate records for the project to the requesting
party.
5.2 If CITY has awarded a contract to an independent contractor to perform Project(s)
services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's
2
invoices stating the services rendered and the date the services were rendered specifically
identifying TIFT Funds used.
5.3 CITY agrees to furnish to the Planning and Development Department Director, status
reports on November 1 of each year identifying the interest accrued, the expenditures to
date and the project progress.
ARTICLE VI
ASSURANCES
6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and
codes and regulations. Any conflict or inconsistency between state or local guidelines
and regulations and this Agreement shall be resolved in favor of the more restrictive
regulations.
6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the
right to examine all records,books,papers, or documents relating to the Project(s).
6.3 CITY hereby agrees to maintain books, records and documents in accordance with
standard accounting procedures and practices of the CITY which sufficiently and properly
reflect all expenditures of funds provided by COUNTY under this Agreement.
6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in
Article VIII. All TIFT funds not expended within the term of this Agreement shall be
returned to the custody and control of the COUNTY. An administrative extension, if
requested prior to expiration, may be granted by the Planning and Development
Department Director for a period not to exceed one hundred eighty (180) days if just
cause is shown.
6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT
Funds are not sufficient, the CITY may submit to the COUNTY a request for additional
revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to
that request,the CITY agrees to utilize its independent resources to complete the project.
6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended
in violation of the Agreement, it shall be responsible to refund such monies in full to
COUNTY.
6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty
(60) days following the expiration date in Article VIII or within sixty (60) days following
an administrative extension under Section 6.4, if applicable, along with a completed Form
B, attached hereto and by this reference made a part hereof. An administrative extension
for the return of funds, if requested prior to the sixty (60) day expiration period, may be
granted by the Planning and Development Department Director for a period not to exceed
sixty(60) days if just cause is shown.
6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY
provided that this interest shall be added to TIFT Funds committed to the Project(s) by
the CITY and used in conjunction with the original allocation to further the eligible
project objective. Expenditure of program interest is subject to the terms of this
Agreement with Brevard County. Any remaining TIFT funds, including the amount of
3
interest generated in a contract period if not expended for the approved Project(s) shall be
returned to COUNTY and shall be placed back in TIFT account for benefit of the Merritt
Island/North Beaches Benefit District within the time periods provided in Section 6.7.
6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund
shall be used only for eligible activities specifically outlined in this Agreement.
Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund
the future capacity components for transportation facilities identified in Exhibit "A".
6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty
(60) days of the completion of each Project(s), as set out in Article III, a complete
financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached
hereto and by reference made a part hereof.
ARTICLE VII
INDEMNIFICATION CLAUSE
CITY, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, COUNTY, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the CITY's willful failure to perform any
obligation or undertaking of the CITY as set forth in this Agreement.
ARTICLE VIII
TERM OF AGREEMENT
This agreement shall commence on the day the Division Director provides written Notice
to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2015
2016.
ARTICLE IX
TERMINATION
9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in
timely and proper manner its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall
thereupon have the right to terminate this Agreement and may require the return of funds
expended or committed for expenditure in violation of this agreement by giving written
notice to CITY of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of termination. If just cause is shown prior to
termination, the Planning and Development Department Director may specify in writing
the actions that must be taken by CITY and a reasonable date for compliance; as a
condition to avoid termination. In no event can the Agreement date be extended beyond
4
the periods provided in this Agreement without amendment to the Agreement executed
with the same formality and of equal dignity herewith.
9.2 In the event of termination, upon request by the COUNTY, copies of all finished or
unfinished documents, data studies, surveys, drawings, maps, models, reports prepared,
and any other like documents secured by CITY with TIFT Funds under this Agreement
shall be provided to COUNTY.
9.3 In the best interests of the program and in order to better serve the people in the impact
fee districts and fulfill the purposes of the Act, either party may terminate this Agreement
upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons
for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall
refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest
accrued therefrom.
9.4 The parties hereby agree that the following events are sufficient cause for termination of
the Agreement. Such events include,but are not limited to:
a. Improper use of TIFT Funds;
b. Failure to comply with the terms of this Agreement.
ARTICLE X
INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by CITY are
subject to supervision by CITY and employees or service providers shall not be deemed officers,
employees, or agents of Brevard County.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to services
rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY,
or state rules or regulations relating to the use of TIFT Funds.
ARTICLE XI
ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the disbursement matters contained
herein, and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written regarding disbursements unless
specifically incorporated into this agreement by writing. This agreement does not supersede
Interlocal Agreement signed on March 6, 1990.
5
ARTICLE XII
NOTICES
Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the party for
whom it is intended, at the place specified, and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. The parties designate the following as the respective places for giving of notice to-
wit:
FOR COUNTY: Director
Planning and Development Department
2725 Judge Fran Jamieson Way
Viera,Florida 32940
FOR CITY: City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral,Florida 32920
ARTICLE XIII
AMENDMENTS
COUNTY may amend this Agreement, if required by legislation, to conform with
mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such
amendments shall be incorporated by written amendment as a part of this Agreement and shall be
subject to approval of the Board of County Commissioners. Such amendment will not affect
specific activities commenced under this agreement prior to amendment which were in
compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and
such notification shall constitute an official amendment. No other modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
ARTICLE XIV
CONFLICT OF INTEREST
CITY covenants that no person who presently exercises any functions or responsibilities
in connection with the Project(s) has any personal financial interest, direct or indirect, in the
Project(s) during this tenure which would conflict in any manner or degree with the performance
of this Agreement, and that no person having any conflicting interest shall be employed or
subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be
disclosed in writing to the Division.
6
ARTICLE XV
SEVERABILITY
If this Agreement contains any unlawful provisions not an essential part of this
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by either
party, be deemed stricken from this Agreement without affecting the binding force of the
remainder of the Agreement.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the
COUNTY and CITY by their duly authorized representatives on the respective dates below.
BREVARD COUNTY BOARD OF
ATTEST: COUNTY COMMISSIONERS
Scott Ellis, Clerk Robin Fisher, Chairman
As approved by the Board of County Commissioners
on August 18,2015 as Item. II. A. 3.
CITY OF CAPE CANAVERAL, FLORIDA
ATTEST:
Angela M. Apperson, MMC City Clerk Rocky Randels, Mayor
Date: ,2015
7
STATE OF FLORIDA §
COUNTY OF BREVARD §
The foregoing instrument was acknowledged before me this 18 day of August,
2015 by Robin Fisher, Chairman of the Board of County Commissioners of Brevard County,
Florida, who is personally known to me or produced as
identification and who did take an oath. Deborah Thomas
NOTARY PUBLIC - State of Florida
DEBORAH W.THOMAS
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE208892
Expires 6/10/2018
STATE OF FLORIDA §
COUNTY OF BREVARD §
The foregoing instrument was acknowledged before me this day of
2015 by Rocky Randels, Mayor of the City of Cape Canaveral, Florida, who is personally known
to me or produced as identification and who did take an
oath.
NOTARY PUBLIC- State of Florida
8
EXHIBIT "A"
PROJECT(S)DESCRIPTION
This project includes the design, engineering and construction of the North Atlantic Avenue
Streetscape Project in the City of Cape Canaveral, Florida.
The proposed scope of work includes but is not limited to the right-of-way acquisition, purchase
of professional engineering and design services, related permitting and administrative expenses,
and construction services and materials for the completion of "complete streets" tasks along
North Atlantic Avenue from SR AlA northward to Port Canaveral (near George King
Boulevard). Some of these tasks include the following:
• Construct an 8-foot wide pedway along the western side of the roadway
• Construct a 5-foot wide sidewalk on the eastern side of the roadway
• Construct a storm water system (exfiltration piping) beneath the pedway for the northern
75% of the roadway
• Install solar-powered and/or LED lighting (improved safety)
• Plant native vegetation"islands" along the roadway
• Install pedestrian benches and trash receptacles along the sidewalks
• Bus stops,utilizing prefabricated bus stop shelters
• Decorative pavement treatment at crosswalks and intersections
Completion of these"complete streets"tasks will also meet several major objectives of the City's
Vision Statement including that the City will be a"bike-able and walk-able ...... and sustainable
coastal community that embraces the beach and riverside as its main amenities."
Land use in the area is a mix of residential and commercial. The southern portion of the
streetscape project area consists mainly of commercial facilities (i.e., auto mechanic shops, strip
malls, etc.). The northern portion of the project area consists mainly of large, multi-family
buildings(i.e., condominiums and townhomes).
North Atlantic Avenue is a heavily-travelled roadway with significant truck and automobile
traffic. With the exception of State Road A1A, North Atlantic Avenue (approx. 1.1 miles in
length)is the most-travelled north-south roadway within the City.
The estimated construction time to complete the "complete streets" tasks along North Atlantic
Avenue is eighteen(18)months.
From Merritt Island/North Beaches TIFT Fund.
9
EXHIBIT "B"
FINAL ACCOUNTING FOR PROJECT
Project Name: North Atlantic Ave. Complete Streets Improvements
From Merritt Island/North Beaches TIFT Fund
Impact Fee Project Program Unexpended
Date Activity Check# Deposit Expense Interest* Funds
Totals
* Based on SBA Interest Rate applicable to each month.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/22/2015
Item No. 5
Subject: Approve Application for Reduction or Satisfaction of Code Enforcement Lien,
Case No. 10-00150, 7000-7008 N. Atlantic Avenue from $2,188/5 to $1,094.38.
Department: Community Development
Summary: On December 9, 2010, the owner of the referenced property was issued a
Notice of Violation for continued false alarms; failure to return the Alarm Cause and
Corrective Action form; nonpayment of accessed fees due to the reoccurring false
alarms; and failure to obtain an alarm permit (Attachment#1 & #2).
On January 20, 2011, CE Case #10-00150 was presented for consideration before the
Code Enforcement Board. The property owner was not present at the hearing. The
Board, having heard the evidence presented found the respondent in violation. The
Code Enforcement Board accepted Staff's recommendation to reduce the fine to five
hundred and seventy three dollars and seventy-five cents ($573.75), if paid in full within
fifteen (15) days of receipt of Board Order, and immediately disconnect the existing
alarm system, or the full amount of two thousand one hundred and eighty-eight dollars
and seventy-five cents ($2,188.75) would be imposed as a lien against the property
(Attachment#3).
On March 9, 2011, the property owner was notified again by certified mail that the Code
Enforcement Board found the property in violation and that the tenant continued to have
false alarms, therefore, Staff was providing written notification that the alarm system for
Cape Surf, Inc. be disconnected within fifiteen (15) days from the date of receipt of the
notice (Attachement #4).
The property owner disconnected the alarm system at the end of March 2011 and
shortly thereafter the tenant discontinued operation of his business, which brought the
property into compliance. The City provided proper notification by certified mail to the
address reflected on the Brevard County Property Appraiser's website for the property
owner and the business owner at the business address.
On July 15, 2015, the property owner applied for a reduction of the Code Enforcement
Lien (Attachement#5).
On August 20, 2015, Staff recommended the Code Enforcement Board not reduce the
lien. After consideration the Board recommended City Council reduce the outstanding
lien to one thousand ninety-four dollars and thirty-eight cents ($1,094.38).
Submitting Department Director: David Dickey Date: 9/14/2015
Attachments:
#1 - December 9, 2010, Notice of Violation
#2 - False Alarm History for 2010
#3 - Code Enforcement Board Order & (2nd) False Alarm History for 2010
#4 - Correspondence issued to respondent and business owner
#5 - Application for Reduction or Satisfaction of Code Enforcement Lien
City Council Meeting Date: 9/22/2015
Item No. 5
Page 2 of 2
Financial Impact: Up to $1,094.37 in forgone lien collections; Staff time for preparation
of Agenda Item.
Reviewed by Financial Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Approve the reduction of the outstanding lien to one thousand and ninety-four dollars
and thirty-eight cents ($1,094.38).
Approved by City Manager: David L. Greene Date: 9/14/15
Attachment# 1
[city seal]
City of Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL,FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No.2010-00150
A Florida Municipal Corporation, 12/09/2010
Complainant,
V.
Owner(s)of the property located at:
7000-7008 N Atlantic Avenue,Cape Canaveral,Fl 32920
Respondent(s):
Mary M.Beasley,P.O.
Cape Surf-C/O Michael T.Floyd,R.A.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of
Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives
notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s)described below is/are to be voluntarily performed within fifteen(15)days.
In the event that the violation(s)is/are not corrected within the time period set forth above or
the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral,and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s)to correct the
violation(s) and penalties may be assessed as provided in the City of Cape Canaveral Code of
Ordinances, Section 30-35,Penalty and enforcement;any person who violates this article shall be
guilty of an offense against the City and shall be punished as provided in Section 1-15,of the City
Code. The provisions of this article may be enforced either by prosecution as a misdemeanor
through the state attorney's office for Brevard County, Florida, or through the powers and
jurisdiction of the City Code Enforcement Board, or by any other legal or equitable form of
action. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER.
1. Property where violation(s)exist(s):
7000-7008 N Atlantic Avenue,Cape Canaveral,Florida
7510 N Atlantic Avenue—P.O. Box 326—Cape Canaveral,FL 32920-0326
Telephone(321)868-1222—Fax (321)868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org
10-00150
Page 2
2. Name and address of owner(s)of property where violation(s)exist:
Mary M. Beasley
2657 Driftwood Lane,Titusville,Florida 32780
Cape Surf,C/O Michael T.Floyd
8758 Banyan Way,Cape Canaveral,Florida 32920
Our office has received copies of notices sent to Cape Surf regarding the Sheriff's
Department response to false alarms and that there is an outstanding balance for response to the
false alarms at the above stated address. You are in violation of the following City of Cape
Canaveral Code of Ordinances.
Description of Violation(s) at property: Section 30-27,(a), (b); Alarm permit required; fee;
renewal:
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm
permit.
(b) All alarm permits issued prior to the effective date of this article shall expire on
September 30, 2003, when all permits are subject to renewal and must be renewed in accordance
with the provisions of this article. However, all alarm users must report any changes in
emergency contact information.
Sec. 30-30, (d); Response to alarm activation—Owner response, false alarm and corrective
action:
(d)Failure to return the alarm cause and corrective action form, to the satisfaction of the
city, within 20 days of receipt of such form will result in an assessment against the owner of the
premises of a fine of$500.00.
Sec.30-31,(a),(b),(c);Fees charged;alarm malfunction and false alarm:
(a) False alarm fee. No fee shall be assessed for the first three false alarms at the same
premises responded to by emergency services during each calendar year. Thereafter, the owner
shall pay a fee, as provided in appendix B of the City Code, for each false alarm responded to at
the same premises during said calendar year.
(b) Alarm malfunction administrative fee. As to all alarm malfunctions responded to by
emergency services, the owner shall be assessed a fine of $500.00, unless within 20 days of
receipt the Owner returns to the city the alarm cause and corrective action form deemed
satisfactory by the city. For those alarm malfunctions that the owner returned a satisfactory alarm
cause and corrective action form, alarm malfunctions during each calendar year shall be exempt
from any fees in excess of the alarm malfunction administrative fee set forth in appendix B of the
City Code.
10-00150
Page 3
(c) Should any fee assessed pursuant to this article remain unpaid in excess of 90 days
from the date the charge is billed, a collection fee in the amount of 35 percent on the outstanding
balance shall be assessed and shall be available by the owner of the premises in addition to the
original fee.The owner shall also be responsible for any legal fees or costs incurred by the city in
enforcement of this article.
RECOMMENDATION(S):
3. Recommendation to correct the violation(s)described above:
• Pay the assessed alarm fees in the amount of$648.75. (Statement attached)
• Have the alarm system examined by an alarm system technician verifying that a bona fide
attempt has been made to identify and correct any defect of design, installation or operation
of the alarm system and provide this information to the City.
• Apply for and obtain an Alarm Permit from the Building Department.
NOTE: The City of Cape Canaveral has the right to require the disconnection or
deactivation of any alarm system per Section 30-32, Disconnection of alarm system for lack of
payment and/or failure to provide a written alarm cause and corrective action form and/or failure
of the owner to take corrective action to eliminate the cause of the false alarm and/or failure to
appear within in hour after being notified to respond. If the Notice of False Alarm and Corrective
Action forms were not completed and returned to City as required by Section 30-30 (b) & (d),
this could result in an assessment against the owner of the premises in the amount of$500.00.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action,as outlined in the previous page(s)of this Notice of Violation.
If you have any questions regarding this Notice of Violation of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the
City of Cape Canaveral,(321)868-1222.
Duree Alexander
Code Enforcement Officer
C: David Green, City Manager
Andrea Bowers, Finance Director
Attachment# 2
False Alarm History for 2010
Contact Name Kevin Other Information
Business Name Cape Surf Alarm Serv.
Address 7008 N. Atlantic Avenue Contact
Address
Cape Canaveral, FL 32920
Phone No. Fax# (321) 784-7898 Phone
Email Address
Incident Date Date Fines Payment Balance
CAD No. Date Notice Response Incurred Date Amount Due Notes
Sent Received _
20100181093 01/18/10 -
20100190272 01/19/10 -
20100210112 01/21/10 -
20100301076 01/30/10 02/11/10 50.00 50.00
20101100080 04/20/10 05/28/10 75.00 125.00
20101380281 05/18/10 05/28/10 100.00 225.00
20101840201 07/03/1() 07/09/10 200.00 425.00
08/13/10 50.00 375.00 Paid through Collection $37.50
12.50 08/13/10 387.50 Collection Charges
20102340019 08/22/10 09/29/10 200.00 587.50
61.25 08/28/10 648.75 35% Assessment on 5th & 6th Falarn
20102930159 10/20/10 648.75
20102940070 10/21/10 648.75
648.75
648.75
648.75
648.75
Attachment# 3
[city seal] City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case#10-00150
A Florida municipal corporation,
Complainant,
v.
Mary M. Beasley; Cape Surf c/o Michael T. Floyd, R.A.
Owner of the Property located at:
7000-7008 N.Atlantic Avenue
Cape Canaveral, FL 32920 CFN 2011019894, OR BK 6326 PAGE 2818,
Recorded 02/03/2011 at 07:57 AM, Mitch Needelman, Cleric
of Courts. Brevard County
LEGAL:AVON BY THE SEA LOTS 9,10 8 W 1/2 OF LOT 11 BLK 85 PB 3 PG 7 # Pgs:3
Respondents,
/
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on January 20, 2011 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, having heard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondents were provided a Notice of Violation in accordance with
Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent
with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 30-27(a)(b), Alarm Permit Required; Section 30-30(d),
Response to Alarm Activation, of the City Code exist or existed upon the Property and
Respondents were further provided a reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondents were provided
notice of hearing before the Code Enforcement Board and were not present at the hearing held
on January 20, 2011;
7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Telephone:(321)868-1222 • Fax: (321)868-1247
www.myflorida.com/cape • email:ocapecanaveral@cf.rr.com
Case#10-00150
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 30-27(a)(b), Alarm Permit Required; Section 30-30(d),
Response to Alarm Activation, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitute violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. The Respondent is given 15 days from receipt of this Order to pay a reduced fine
in the amount of five hundred seventy-three dollars and seventy-five cents ($573.75), as
offered; and additionally shall either disconnect the alarm or repair the alarm and obtain an
alarm permit;
2. If the Respondent fails to pay the fine offered above within the time period set
forth herein, the fine in the total amount shall be entered immediately in the amount of two
thousand one hundred and eighty-eight dollars and seventy-five cents ($2,188.75), including all
costs authorized by law related to the violation;
3. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien
against the Property and any other real or personal property owned by the Respondent.
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s)an opportunity to correct such violation(s)and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s)is/are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2,Article VI.
DONE AND ORDERED at Cape Canaveral, Florida,this 20th day of January, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary RusselI, Chairperson
Case#10-00150
Copies furnished to:
770 Acres, c/o Bill P. Willis, R.A.
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this 26 day of January, 2011.
Joy Lombardi, Board Secretary
Duree Alexander, Code Enforcement Officer
False Alarm History for 2010
Contact Name Kevin Other Information
Business Name Cape Surf Alarm Serv.
Address 7008 N. Atlantic Avenue Contact
Address
Cape Canaveral, FL 32920
Phone No. Fax# (321) 784-7898 Phone
Email Address
Incident Date Date Fines Payment Balance
CAD No. Date Notice Response Incurred Date Amount Due Notes
Sent Received
1 20100181093 01/18/10 -
2 20100190272 01/19/10 -
3 20100210112 01/21/10 -
4 20100301076 01/30/10 02/11/10 50.00 50.00
5 20101100080 04/20/10 05/28/10 75.00 125.00
6 20101380281 05/18/10 05/28/10 100.00 225.00
7 20101840201 07/03/10 07/09/10 200.00 425.00
08/13/10 50.00 375.00 Paid through Collection $37.50
12.50 08/13/10 387.50 Collection Charges
8 20102340019 08/22/10 09/29/10 200.09, 587.50
61.25 08/28/10 648.75 35%Assessment on 5th & 6th Falam
9 20102930159 10/20/10 12/20/10 200.00 848.75
10 20102940070 10/21/10 12/10/10 200.00 1,048.75
11 20103180077 11/14/10 12/20/10 200.00 1,248.75
12 20103360026 12/02/10 12/20/10 200.00 1,448.75
13 20103421018 12/08/10 12/20/10 200.00 1,648.75
70.00 1,718.75 35%Assessment on 7th Fire Alarm
70.00 1,788.75 35%Assessment on 8th Fire Alarm
14 20103431188 12/09/10 01/14/11 200.00 1,988.75
15 20103451141 12/11/10 01/14/11 200.00 2,188.75
2,188.75
Attachment#4
[city seal]
City of Cape Canaveral
Community Development Department
CITY of
CAPE CANAVERAL
March 9,2011
Mary M. Beasley,P.O.
2657 Driftwood Lane
Titusville,FL 32780
RE:False Alarms-Cape Surf,Inc. 7008 N Atlantic Avenue
Dear Ms.Beasley:
As you aware, on January 20, 2011,the Code Enforcement Board heard testimony and evidence
regarding numerous false alarms occurring at Cape Surf;Inc. located at 7008 N Atlantic Avenue.
The Code Enforcement Board found that Cape Surf was in violation. Recently, staff was
informed that Cape Surf continues to have false alarms; therefore, in accordance with Section
30-32 (b), below, the City is providing this as a written notice for the alarm system for Cape
Surf,Inc. be disconnected within (IS)fifteen days from the date of this notice.
Per Section 30-32,Disconnection of Alarm System;
(a) Except for premises protected by an alarm system as required by law, the city is
authorized to order the disconnection or deactivation of any alarm system by written notice to the
owner of the premises wherein an alarm system is installed for any of the following reasons:
(1) Failure to make all requirements or pay the fees provided for in this article within 15
days of the charging of the fees;or
(2) Failure of the owner to provide a written alarm cause and corrective action form as
require by this article; or
(3)A false alarm or alarm malfunction at a premises for which a fee is charged pursuant
to this article as a result of the failure of the owner to take corrective action to eliminate the
cause of the false alarm;or
(4)The failure of a person notified pursuant to this article to appear within one hour after
being noticed to respond, if such failure to timely appear occurs four or more times within a
calendar year.
(b) The written notice to disconnect shall be provided via certified mail, return receipt
requested, to the owner and shall specify the date on which the owner shall be required to
disconnect or deactivate the alarm system,which date shall be at least 15 days following the date
of the notice.The owner may appeal the order to disconnect in accordance with this article.
7510 N Atlantic Avenue—P.O.Box 326—Cape Canaveral,FL 32920-0326
Telephone(321)868-1222—Fax(321) 868-1247
www.myflorida.com/cape e-mail:cityofcapecanaveral.org
Page 2
You may appeal the order to disconnect in accordance with City of Cape Canaveral Code as
follows:
Section 30-33,Appeals;
(a) The city manager or designee will serve as hearing officer for appeals from owners that have
been provided notice to disconnect or deactivate an alarm system or have been assessed fees for
alarm malfunctions or false alarms. If the city manager elects a designee to serve as hearing
officer,that designee shall not be emergency services personnel.
(b)An appeal must be in writing, submitted to the city manager's office along with a filing fee as
provided in appendix B of the City Code, stating the reasons why the order to disconnect or
deactivate should be withdrawn, and shall be made within 15 days of the date of the notice to
disconnect or receipt of any "alarm cause and corrective action" form. The owner shall have the
burden of proof by the preponderance of the evidence standard.
(c) The hearing officer shall send notice of hearing to the owner within 15 days of receiving a
written request for appeal. Within ten days following the hearing,the hearing officer shall make
written findings in support of the officer's decision to overturn and or uphold the action appealed.
(d) Where the hearing officer upholds the decision to disconnect or deactivate an alarm system
or affirms the assessment of fees,the owner shall have five days following receipt of the written
decision within which to comply with the order.
(e) The appeal of an order to disconnect or deactivate an alarm system or for the assessment of a
fee shall suspend the effective date of the order until the city manager has acted upon the appeal.
The fees for the false alarms will continue to accrue until the property is found in compliance.
Failure to comply with the requirement to disconnect the alarm system will result in further
action as allowed by law.
Please contact staff for an inspection to verify that the alarm has been disconnected.
Do not hesitate to contact me if you have any questions.
rely,
uree Alexander
Code Enforcement Officer
cc: Cape Surf, Inc. C/O Michael T.Floyd,R.A.
David Greene,City Manager
Todd Morley,Building Official
Angela Apperson,City Clerk
Andrea Bowers,Finance Director
Attachment # 5
[city seal] Community Development Department
APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST
FOR REDUCTION OR SATISFACTION OF A CODE ENFORCEMENT LIEN
Where a certified copy of an Order imposing a penalty or fine,as described in F.S.Ch. 162,has been recorded
in the public records of Brevard County, Florida, and has become a lien against the land and/or property,a
request for the satisfaction or release of the lien may be submitted in writing on the application foam provided
by the City of Cape Canaveral,once the property has been found in compliance.
The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement
Board lien.
1. The application must be submitted at least ten(10)days prior to the next available Code Enforcement
Board Meeting,on the application provided by the City.
2. A one-time application fee of$100.00 must be paid at the time the application is submitted to Staff.
This fee is non-refundable,without regard for the final determination of the request.
3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the
current property owner, a notarized statement allowing the individual(s) to represent the property
must be submitted with the application.
4. Once the completed application has been reviewed and approved; the request will be scheduled for
the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you
of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or a
representative is moment at the hearing, Please initial here:
5. The request will be presented to the Code Enforcement Board the Board will provide the
applicant with an opportunity to address the Board regarding the Request.The Board shall,by motion,
make a recommendation to the City Council for approval,approval with conditions,or denial of the
application.
6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the
next available City Council meeting date,which is usually the following month.
7. The Code Enforcement Board Secretary will contact the applicant with the location,date and time of
the next available City Council Meeting. This information is also available on the City of Cape
Canaveral's on line calendar at www.cityofcapecanaveral.org It is strongly recommended that you
be present at this hearing to represent your request for the satisfaction or release of the lien.
8. The City Council may approve,approve with conditions,or deny the application to satisfy or release
the lien. .
9. The violator shall have thirty(30)days in which to comply with the conditions imposed by the City
Council. Failure of the violator to comply will result in the automatic denial of the application for
satisfaction or release of the lien.
10. If the application is denied for any reason; the violator/application shall not be allowed to apply for a
subsequent satisfaction or release of the lien for a period of one(1)year.During that period the lien may only
be satisfied and released upon full payment of the fine or penalty imposed.
Signature of Applicant: Mary [illegible] Date: 7/15/15
Trustee
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321) 868-1222—Fax(321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
City of Cape Canaveral
Community Development Department
[city seal] CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR REDUCTION
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE# 2010-150 APPLICATION FEE: $100.00
APPLICANT: Mary M Beasley DATE: 7/15/15
ADDRESS: 7000 N Atlantic
CITY: Cape Canaveral STATE: Florida ZIP: 32920
EMAIL: N/A PHONE: 321-607-1905
NATURE OF VIOLATION(S): [illegible]
ADDRESS OF SUBJECT PROPERTY: 7000 Bldg N ATLANTIC AVE.
PARCEL ID: 24-37-23-CG-00065.0-0009.00
DATE FINE/LIEN FILED: 2/3/11 AMOUNT(Total): $2188.75
COMPLIANCE DATE: N/A RELIEF REQUESTED: ❑ SATISFACTION / X REDUCTION
IF REDUCTION,THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add more pages) [illegible]
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
(If more space is needed add more pages)
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE:
(If more space is needed add more pages)
07/15/2015 15:04 00032865 loui A.88
Total 100.00
Cash Amount $0.00
Change 0.00
CK ##1151 Amount $100.00
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Mary Beasley 7/15/15
APPLICANT'S SIGN ATURE DATE
STATE OF Fl
COUNTY OF Brevard
BEFORE ME the undersigned authority did personally appear Mary Beasley
who provided FL Driverr's Lic. as identification, and who after being placed and
oath, swore or affirmed the information contained within this application is true and correct.
[notary public seal] Patrice Huffman
Notary Public
FOR STAFF USE ONLY
APPLICATION RECEIVED BY CITY ON 7/15/15
COMPLIANCE CONFIRMED ON
CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON 8/20/15
CODE ENFORCEMENT RECOMMENDATION ATTACHED: OYES JNO
ACTION OF CITY COUNCIL: ❑APPROVE; ❑DENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT:ON OR BEFORE
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info®cityofcapecanaveral.org
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/22/2015
Item No. 6
Subject: Approve Application for Satisfaction or Release of Code Enforcement Liens,
Case No. 12-00083, 8200 Canaveral Blvd, Unit 2-D from up to $92,850.00 to
$10,000.00.
Department: Community Development
Summary: On December 11, 2012, the Code Enforcement Board entered an Order
Imposing Penalty against the above-referenced property in the amount of two hundred
fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day
thereafter until the violation was corrected and full compliance was confirmed
(Attachment #1).
On June 25, 2015, the property was brought into compliance (Attachment#2). The lien
stopped accruing and the total fine was calculated at $92,850.00 (Attachment#3).
On July 9, 2015, real estate agent Tina Adamson, representing the Bank of America
NA current property owner, applied for a reduction of the Code Enforcement Lien
(Attachment #4). This property is a townhome and the violation was for exterior siding
maintenance which had an adverse impact on the adjoining property.
The City provided proper notification by certified mail to the address reflected on the
Brevard County Property Appraiser's website and by posting the property and City Hall
as required by F.S. 162.12.
On August 20, 2015, Staff recommended to the Code Enforcement Board that the lien
be reduced to $10,000.00, as this amount would adequately cover the City's costs as
well as compensate for the minor blighting effect on the community and the length of
time that the violation existed (Attachment #5). The Code Enforcement Board
concurred/recommended City Council reduce the outstanding lien to ten thousand
dollars ($10,000.00).
Current market value of the property, according to the Brevard County Property
Appraiser, is $88,210.00.
Submitting Department Director: David Dickey Date: 9/14/2015
Attachments:
#1 — December 11, 2012 Board Order
#2 — Notice of Compliance
#3 — Current lien amount calculation
#4 —Application for Satisfaction or Release of Code Enforcement Lien
#5 — Calculation of Staff costs
Financial Impact: As recommended, $82,850.00 in forgone lien collections; Staff time
for preparation of Agenda Item.
Reviewed by Financial Services Director: John DeLeo Date: 9/15/15
City Council yeeting Date: 9/22/2015
Item No. 6
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve the reduction of the outstanding lien to ten thousand dollars ($10,000.00).
Approved by City Manager: David L. Greener Date: 9/14/15
Attachment# 1
City of Cape Canaveral
[city seal] Building Department/Code Enforcement
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case#12-00083
A Florida municipal corporation,
Complainant, CFN 2012259539.OR BK 6765 PAGE 2511,
Recorded 12/27/2012 at 08:55 AM.Mitch Needelman, Clerk
v. of Courts, Brevard County
#Pgs:2
John M. & Carol A Norton
Owner of the Property located at:
8200 Canaveral Blvd., Unit 2D
Cape Canaveral, FL 32920
LEGAL:CAPE CANAVERAL BEACH GDNS UNIT 2 PT OF LOT 4 BLK 3 AS DES IN ORB 2543 PG 1308 PLAT BOOK 0017 PAGE
0081
Respondents,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on December 11, 2012 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, having heard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
Findinas of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondents were provided a Notice of Violation in accordance with
Section 2-258 of the City of Cape Canaveral Code of Ordinances (°City Code") and consistent
with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 303.1, General; Section 303.4, Structural Members;
Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage, of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code exist or
existed upon the Property and Respondents were further provided a reasonable time to correct
said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondents were provided
notice of hearing before the Code Enforcement Board and were not present at the hearing;
7510 N Atlantic Avenue—P.O,Box 326- Cape Canaveral,FL 32920-0326
Telephone(321)868-1222- Fax(321)868-1247
www.cityofcapecanaveral.org e-mail: info(a,citvofcapecanaveral.org
Case#12-00083
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members;
Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage, of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitute violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. A fine shall be entered immediately in the amount of two hundred and fifty dollars
($250.00) for the first day and one hundred dollars ($100.00) per day thereafter, including all
cost authorized by law related to the violation, until the violation is corrected and full compliance
is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide
notice of such violation being corrected to the Code Enforcement Officer. Upon such
confirmation,the Code Enforcement Officer shall promptly file a Notice of Compliance;
2. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien
against the Property and any other real or personal property owned by the Respondent.
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s)an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s)is/are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property. in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 11th day of December, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russell, Chairperson
CERTIFICATION
Copies furnished to: STATE OF FLORIDA
John M. & Carol A Norton COUNTY OF BREVARD
City of Cape Canaveral, Case File CITY OF CAPE CANAVERAL
I Mia Goforth do hereby certify this copy
of Order Imposing Penalty for Case #12-00083, dated
December 11, 2012, is a true and correct photocopy of the
City's record copy (Original).
By my hand and the official seal of the City
of Cape Canaveral on this 17th day of
December, 2012
Mia Goforth
City Clerk or Deputy City Clerk
Attachment#2
[city seal]
City of Cape Canaveral
Community Development Department
NOTICE OF COMPLIANCE
June 25,2015
Bank of America NA
2830 Cochran Street
Simi Valley, CA 93065
CASE NO: 2012-00083
LOCATION OF VIOLATION: 8200 Canaveral Blvd,Unit D-2 Cape Canaveral,FL 32920
PI 24-37-14-51-00003.0-004.06
RESPONDENT(S): Bank of America NA
Your property was found in compliance on June 25, 2015, by meeting the requirements of the
Notice of Violation.
DESCRIPTION OF VIOLATION:
Section 82-221,International Property Maintenance Code Adopted(IPMC).
IPMC Section 303.1,General.
IPMC Section 303.4, Structural Members.
IPMC Section 303.6, Exterior Walls.
IPMC Section 303.7,Roofs and Drainage.
Thank you for your cooperation in this matter.
If you have any questions,please do not hesitate to contact me at(321) 868-1222 ext. 13.
Sincerely
Duree Alexander,
Code Enforcement Officer
cc:Branam James Construction
Tina Adamson,Real Living Mutter Real Estate
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321) 868-1222--Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Attachment# 3
[city seal]
City of Cape Canaveral
CommunityDevelopment Department
8200 Canaveral Blvd.,Unit 2D
CFN 2012259539, OR BK 6765, PG 2511
DATE NO. DAYS AMOUNT TOTAL
12/11/12 1 DAY $250.00 $250.00
12/12/12 20 DAYS $100.00 $2,000.00
1/1/13 31 DAYS $100.00 $3,100.00
2/1/13 28 DAYS $100.00 $2,800.00
3/1/13 31 DAYS $100.00 $3,100.00
4/1/13 30 DAYS $100.00 $3,000.00
5/1/13 31 DAYS $100.00 $3,100.00
6/1/13 30 DAYS $100.00 $3,000.00
7/1/13 31 DAYS $100.00 $3,100.00
8/1/13 31 DAYS $100.00 $3,100.00
9/1/13 30 DAYS $100.00 $3,000.00
10/1/13 31 DAYS $100.00 $3,100.00
11/1/13 30 DAYS $100.00 $3,000.00
12/1/13 31 DAYS $100.00 $3,100.00
1/1/14 31 DAYS $100.00 $3,100.00
2/1/14 28 DAYS $100.00 $2,800.00
3/1/14 31 DAYS $100.00 $3,100.00
4/1/14 30 DAYS $100.00 $3,000.00
5/1/14 31 DAYS $100.00 $3,100.00
6/1/14 30 DAYS $100.00 $3,000.00
7/1/14 31 DAYS $100.00 $3,100.00
8/1/14 31 DAYS $100.00 $3,100.00
9/1/14 30 DAYS $100.00 $3,000.00
10/1/14 31 DAYS $100.00 $3,100.00
11/1/14 30 DAYS $100.00 $3,000.00
12/1/14 31 DAYS $100.00 $3,100.00
1/1/15 31 DAYS $100.00 $3,100.00
2/1/15 28 DAYS $100.00 $2,800.00
3/1/15 31 DAYS $100.00 $3,100.00
4/1/15 30 DAYS $100.00 $3,000.00
5/1/15 31 DAYS $100.00 $3,100.00
6/1/15 24 DAYS $100.00 $2,500.00
$92,850.00
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321) 868-1222-Fax(321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Attachment#4
[city seal] City of Cape Canaveral
Community Development Department
CITY OF CAPE CANAVERAL RECIEVED
APPLICATION FOR SATISFACTION OR REDUCTION JUL 09 2015
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE U 2 012-00 08 3 APPLICATION FEE:$100.00
APLICANT: Bank of America NA DATE: iuty g 2015
ADDRESS: 8200 Canaveral Blvd, Unit D
CITY: Cape Canaveral STATE: FL ZIP: 32920
EMAIL: tinaadamcon4yourhome@gmail.com PHONE: 321-269-9855
NATURE OF VIOLATION(S): IPM Section 303 .1, 303 .4, 303 .6 & 303 .7
General, Structural Members, Exterior Walls, Roof & Drainage.
ADDRESS OF SUBJECT PROPERTY: 8200 Canaveral Blvd, Unit D-2
PARCEL ID: 24-37-14-51-0003 .0-004 .06
DATE FINE/LIEN FILED: 12/11/12 AMOUNT(Total): $75, 950 as of 1/7/15
COMPLIANCE DATE: 6/25/15 RELIEF REQUESTED:D SATISFACTION/OREDUCTION
IF REDUCTION,THE APPLICANT PROPOSES$ 5 000 AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add more pages)
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
(If more space is needed add more pages) This is bank owned and all repairs had to hadone by
the preservation company which hires contractors who are not familiar with the City of Cape Canaveral
requkemerts.
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO,THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REP(,CJIOM.OR SATISFACTION OF PENALTY OR FINE:
(If more space is needed add more pages)
Mailing Address: P.O.Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321)868-1222--Fax(321)868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Jacqueline Bailey 7.8.2015
APPLICANT'S SIGNATURE DATE
STATE OF Texas
COUNTY OF Dallas
BEFORE ME the undersigned authority did personally appear Jacqueline Bailey
who provided Known to me as identification, and who after being placed udder
oath,swore or affirmed the information contained within this application is true and correct.
[notary public seal] Gerry M Checky
Notary Public
FOR STAFF USE ONLY
APPLICATION RECEIVED BY CITY ON 7-9-15
COMPLIANCE CONFIRMED ON 6-25-15
CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: DYES ONO
ACTION OF CITY COUNCIL: JAPPROVE; ODENY;DAPPROVE WITH THE FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:,
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
Mailing Address: P.O.Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321)868-1222--Fax(321)868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
City of Cape Canaveral
[city seal] Community Development Department
APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST
FOR REDUCTION OR SATISFACTION OF A CODE ENFORCEMENT LIEN
Where a certified copy of an Order imposing a penalty or fine,as described in F.S.Ch.162,has been recorded
in the public records of Brevard County,Florida,and has become a lien against the land and/or property,a
request for the satisfaction or release of the lien may be submitted in writing on the application form provided
by the City of Cape Canaveral,once the property has been found in compliance.
The following procedures apply to any person applying fora satisfaction or release of the Code Enforcement
Board lien.
1. The application must be submitted at least ten(l0)days prior to the next available Code Enforcement
Board Meeting,on the application provided by the City,
2. A one-time application fee of$100.00 must be paid at the time the application is submitted to Staff.
This fee is non-refundable,without regard for the final determination of the request.
3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the
current property owner, a notarized statement allowing the individual(s) to represent the property
must be submitted with the application.
4. Once the completed application has been reviewed and approved;the request will be scheduled for
the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you
of the location,date, and time of the scheduled Heating.Srecommends that you pr a
representative is present at the hearing. Please initial here: TNA
5. The request will be presented to the Code Enforcement Board and the Board will provide the
applicant with an opportunity to address the Board regarding the Request.The Board shall,by motion,
make a recommendation to the City Council for approval,approval with conditions,or denial of the
application.
6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the
next available City Council meeting date,which is usually the following month.
7. The Code Enforcement Board Secretary will contact the applicant with the location,date and time of
the next available City Council Meeting. This information is also available on the City of Cape
Canaveral's on line calendar at www.citvofcapecanaveral.org. It is strongly recommended that you
be present at this hearing to renreseni your'west for the satisfaction or release of the lien.
8. The City Council may approve,approve with conditions,or deny the application to satisfy or release
the lien.
9. The violator shall have thirty(30)days in which to comply with the conditions imposed by the City
Council. Failure of the violator to comply will resuh in the automatic denial of the application for
satisfaction or release of the lien.
10. If the application is denied for any reason; the violator/application shall not be allowed to apply for a
subsequent satisfaction or release of the lien for a period of one(1)year.During that period the lien may only
be satisfied and released upon full payment of the fine or penalty imposed
Signature of applicant: [illegible] Date: 7-16-15
Mailing Address: P.O.Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321)868-1222--Fax(321)868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Attachment# 5
8200 Canaveral Blvd.,Cape Canaveral
DATE ENFORCEMENT DESCRIPTION AMT.TIME COST
6/6/2012 Received complaint from adjoining property regarding
adjoining property causing water marks/damage to
ceiling.Research property ownership-City records. 1hr $30.00
6/6/2012 Spoke with Building Official regarding issue.Called Bank
of America reported issue. 1hr $80.00
6/13/2012 Conducted site inspection with Building Official-met
adjoining property owner;viewed ceiling and exterior
portions of both properties(townhomes). 2hr $160.00
6/13/2012 Called Bank of America reported issue referred to field
services;contacted; received work order number#
10893628. 1hr $30.00
6/25/2012 Followed up with adjoining property owner regarding
repairs in attempt to correct leaks.Stated son sealed
areas suggested by Building Official and does not appear
to be working. .5hr $15.00
6/25/2012 Called Bank of America field services regarding ticket
number and work order to repair siding on unit.Spoke
with Gloria processing work order. 1hr $30.00
7/10/2012 Called Bank of America field services regarding ticket
number and work order to repair siding on unit.
Explained nothing had been done. 1hr $30.00
8/9/2012 Site visit no changes;Gas$2.15. 1hr $32.15
8/10/2012 Called Bank of America field services regarding ticket
number and order to repair siding.Waiting on bids from
contractor-Lorena. 1hr $30.00
9/20/2012 Site visit no changes;Gas$2.15. 1hr $32.15
10/15/2012 Complainant contacted staff regarding on going problem.
Stated waiting on Bank to obtain a permit to
repair/replace siding. .5hr $15.00
10/15/2012 Site visit no changes: Gas$2.15. 1hr $32.15
10/16/2012 Made contact with adjoining property owner regarding
current progress. .5hr $15.00
10/16/2012 Contacted Bank of America field services-provided
another number to contact.Contacted, provided account
#P02728428; work order number#83029467. 1.5hr $45.00
10/30/2012 Researched Vacant Registry for additional ownership and
compliance with City Code.
lhr $30.00
11/1/2012 Researched property ownership Brevard County.
Prepared Notice of Violation.Certified mail$11.70;Gas
52.15. 1hr $43.85
11/7/2012 Adjoining property owner called still having problems
with leakage/damage to ceiling.Conducted site visit;
photos;Gas$2.15. 2hr $62.15
11/14/2012 Provided adjoining property owner update on case;
property owner will contact Staff if works starts on unit.
.5hr $15.00
11/27/2012 Prepare Order to Appear& Posting Notice;Certified mail
$11.70;Gas$2.15; Post property and City Hall as
required by F.S 162.12-Notices. 2hr $73.85
12/3/2012 Prepare Power Point Presentation
1hr $30.00
12/4/2012 Contacted Safe Guard Properties regarding current ticket
number and property update. 1hr $30.00
12/11/2012 Code Enforcement Hearing-Time for Officer
Alexander@30.00-Board Secretary @25.00-Attorney @
150.00. 1hr(all)$205.00
12/11/2012 Prepare Board Order for Signature and Certified mailing;
Secretary @$25.00&Code Enforcement Officer
@30.00;Certified mailings$11.70;Gas$2.15. 1hr(all) $68.85
12/13/2012 Received an email from Resolution Center/Bank of
America stating they were in receipt of the Notice of
Violation. Provided ticket#12083897 and provided
contact information. 1hr $30.00
12/13/2012 Made contact with adjoining property owner regarding
Code Board Meeting. .5hr $15.00
12/13/2012 Called Elizabeth with Safeguard Properties left message
to return my call. .5hr $15.00
12/17/2012 Elizabeth returned my call; stated received bids and have
been approved to start job in approximately three to five
working days. Informed permit requirements .5hr $15.00
12/17/2012 Board Order filed with Brevard County Clerk of Court
$18.50;mail costs with return envelope$1.00. $19.50
12/21/2012 Conducted site visit to property no work being done;
trailer and materials parked on site near unit.Gas$2.15. 1hr $32.15
12/24/2012 Received email from Safeguard Properties requesting an
inspection of the property in order to verify that
violations have been corrected. .5hr $15.00
12/24/2012 Contacted by Safeguard Properties regarding outcome of
hearing;and site inspection. 1hr $30.00
12/26/2012 Conducted site inspection,which revealed some exterior
sliding was replaced; Photos; Done without a permit;
Sent email to Safeguard Properties.Gas$2.15. 1hr $32.15
1/25/2013 Staff received building application from Echo Atlantic
Construction Company for siding replacement;permit
#11327 Building Secretary. .5hr $12.50
2/11/2013 Conducted site visit to property; photos;Gas$2.15. 1hr $32.15
I 4/23/2013 Conducted site visit to property;siding done;check
system no permit has been issued;photos;Gas$2.15. 1hr $32.15
4/23/2013 Contacted Safe Guard Properties regarding current
status; provided information on adjoining property
owners concerns;scanned all Notices and Board Order to
Safeguard;sent photos. 1hr $30.00
4/30/2013 Adjoining property owner called concerned about rats in
back yard/overgrown. .5hr $15.00
5/1/2013 Conducted site visit to property; back yard overgrown;
no evidence of rats; photos;Gas$2.15. 1hr $32.15
5/2/2013 Sent email to Safeguard Properties regarding the
overgrown back yard; please mow;Teresa Payner. .5hr $15.00
6/17/2013 Sent email to Safeguard Properties regarding the
overgrown back yard; please mow; updated adjoining
property owner. 1hr $30.00
6/27/2013 Sent email to Safeguard Properties regarding receiving
complaints from surrounding property owners regarding
condition of back yard; provided Code Section 34-122,
Public nuisances prohibited. 1hr $30.00
6/28/2013 Received response from Safeguard properties,created a
work order to perform mowing,vendor returned with no
work done; HOA maintains property. .5hr $15.00
6/28/2013 Responded to Safeguard Properties;townhomes,
individual owners are responsible for back yard; provide
supporting documents;requested property be mowed.
Received reply that work will be done and will notify me
when completed. 1hr $30.00
7/25/2013 Contacted by Branamjames Contractors regarding
violations; provided documentation and photos. 1hr $30.00
8/6/2013 Site visit to property regarding overgrown back yard; not
in compliance;Gas$2.15. 1hr $32.15
8/12/2013 Sent email to Safeguard Properties requesting back yard
be mowed. 1hr $30.00
8/12/2013 Contractor, Branamjames contacted Staff regarding
violations and compliance;faxed Board Oder; provided
permitting information and requirements. 1hr $30.00
11/22/2013 Sent another email to Branamjames requesting they
obtain a permit to repair the exterior of the unit;once
the permit has received the approved final,the property
will be found in compliance. .5hr $15.00
11/22/2013 Received telephone call from Safeguard Properties
regarding the generation of a work order for yard. .5hr $15.00
1/28/2014 Site visit to property for compliance inspection;adjoining
property owner has concerns regarding rats;inspection
revealed back yard mowed.Gas$2.15 1hr $32.15
2/17/2014 Site visit to property; no activity;Gas$2.15. 1hr $32.15
4/1/2014 Site visit to property; no activity;Gas$2.15. 1hr $32.15
6/12/2014 Site visit to property; no activity;Gas$2.15. 1hr $32.15
8/19/2014 Site visit to property; no activity;Gas$2.15. 1hr $32.15
8/26/2014 Emailed correspondence to Bank representative outlining
fines and compliance requirements. 1.5hr $45.00
9/15/2014 Staff received application for a permit via fax; MJ&B
Builders, LLC; processes application. Permit Technician 1 hr $25.00
9/16/2014 Contacted Contractor regarding submitted application;
status update. .5hr $15.00
9/17/2014 Responded to Contractor MJ&B Builders inquiry
regarding permit status. .5hr $15.00
9/24/2014 Site visit to property with Todd Morley(Building Official
@$50.00 hr)regarding permit#11327,product not as
specified on provided product sheet.Contacted
contractor did not pass inspection.Gas$2.15. 1hr $82.15
10/6/2014 Site inspection Building Official @$50.00 hr;not in
compliance;Gas$2.15. 1hr $52.15
10/9/2014 Emailed inspection results to Isil Nevins two site
inspections by Building Official did not pass inspection. .5hr $15.00
10/10/2014 Building Official @$50.00 hr.,emailed Isil Nevins
requesting contractor provide a skilled mechanic with
flashing/roofing trade knowledge to visit job site with
additional requirements stated to obtain approved final. 1hr $50.00
10/15/2014 Staff was informed by Contractor to void out permit. .5hr $15.00
12/16/2014
Staff was contacted by Tina Adamson regarding status of
Case No.2012-00083; provide update and documents. 1hr $30.00
1/2/2015 Email correspondence with Tina Adamson listing Agent;
tiring to impress upon Asset Management must take
action to correct violation. .5hr $15.00
1/7/2015 Responded to back to Tina Adamson;provided Board
Order;correspondence;computed fees;copies of permit
application. 1hr $30.00
1/23/2015 Staff received request regarding status of permit
application from Tina Adamson. .5hr $15.00
1/23/2015 Site visit to property; no activity;Gas$2.15. 1hr 32.15
1/27/2015 Tina Adamson contacted Staff regarding property
discussed permitting and compliance. .5hr 15.00
1/30/2015 Called Tina Adamson and stated work was done was
permit issued. .5hr 15.00
2/2/2015 Lien request; responded. .5hr 15.00
2/3/2015 Received request from Bowtie Enterprises regarding
permitting and compliance;discussed case. 1hr 30.00
2/3/2015
Site inspection to property; appears more work was done
to exterior of structure; Posted"Stop Work".Gas$2.15 2hr 62.15
4/3/2015 Staff contacted by Branamjames Construction discuss
permitting and compliance. 1hr 30.00
4/3/2015 Faxed request inspection report. 1hr 30.00
4/10/2015 Staff made contact with Tina Adamson regarding
contactor and compliance. .5hr 15.00
4/10/2015 Site visit to property;spoke with adjoining property
owner. 1hr 30.00
4/14/2015 Emailed Tina Adamson regarding outcome of site
inspection;permit#11976 issued with expiration of
10/6/15;back yard is overgrown again. .5hr 15.00
5/5/2015 Spoke with adjoining property owner regarding
permitted repairs. .5hr 15.00
5/7/2015 Adrienne from Branamjames contacted Staff update on
inspections; no approved final inspection to date. .5hr 15.00
6/25/2015 Received approved final inspection; prepare compliance
letter;emailed Tina Adamson; Branamjames
Construction. 1hr 30.00
6/9/2015
Tina Adamson submitted application and support
documents for Lien Reduction/Satisfaction Request to be
considered before the Code Enforcement Board on
August 20,2015; Reviewed documents; process
application fees. Building Permit Technician @$25.00 hr. 1hr 25.00
8/17/2015 Prepare Power Point Presentation 1hr $30.00
8/20/2015 Code Enforcement Hearing-Time for Officer
Alexander@30.00-Board Secretary @25.00-Attorney @
175.00. 1hr(all) $230.00
9/2/2015 Prepare City Council Agenda Cover and all back up
documents;detailed case history. 6hr $180.00
Total Staff Costs $3,144.40
[city seal] City of Cape Canaveal
City Council Agenda Form
City Council Meeting Date: 09/22/2015
Item No. 7
Subject: Resolution No. 2015-13; authorizing an addendum to the Contract for fire
protection and emergency medical services between the City of Cape Canaveral,
Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an
effective date.
Department: Administrative Services
Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD)
entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection
and Emergency Medical Services to the City. The City Council annually
considers/approves a resolution authorizing an Addendum to the original Contract
which extends through September 30, 2034.
Under the Addendum put forth, the parties agree as follows:
1. The City and CCVFD entered into a Contract for services dated September 25,
2007 which expires September 30, 2034;
2. The Contract provides that the City and CCVFD shall renegotiate the base
contract each year after the first year;
3. The parties have agreed to a revised base annual Contract price for the 2015/16
year of $1,688,810, payable at $140,734 monthly. The total cost for services
from CCVFD for the fiscal year, including Capital, is $2,019,310. The total
budget for the fiscal year is$2,206,222, which includes fire hydrant fees, postage
and plan review fees.
Submitting Department Director: John DeLeo Date: 8/27/2015
Attachment: Resolution 2015-13
Financial Impact: As put forth in the City's 2015-2016 Annual Budget and reflected in
the 2015-2016 Contract Addendum, the City agrees to pay CCVFD the base annual
Contract price of$1,688,810 payable in monthly installments of$140,734; Staff time to
prepare this item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/28/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-13.
Approved by City Manager: David L. Greene Date: 8/28/15
RESOLUTION NO. 2015-13
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE
CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA
AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC.; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. have entered into that certain Contract for Services dated September 25, 2007;
and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term
for Services to expire on September 30, 2034; and
WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire
Department, Inc. shall renegotiate the base contract year after the first contract year; and
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the
Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. to provide for a base contract price for the contract year October 1, 2015 through
September 30, 2016. A copy of said Addendum is attached hereto and made a part hereof by this
reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 22nd day of
September, 2015.
ROCKY RANDELS, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson,City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese,City Attorney
ADDENDUM
THIS ADDENDUM is entered into this 22nd day of September, 2015 by and between
THE CITY OF CAPE CANAVERAL, FLORIDA,hereinafter called the "City",and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE
RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation."
WITNESSETH
WHEREAS, the City and the Corporation have entered into that certain Contract for
Services dated September 25,2007 ("Contract"),which Contract is for a term of twenty-seven(27)
years; and
WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base
contract price for each year of the Contract after the first year; and
WHEREAS,the parties have agreed to a revised Contract price for the period October 1,
2015 through September 30,2016.
NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,
the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct and incorporated into
the body of this Agreement by this reference.
2. Price Revision. Paragraph 13 of the Contract is amended to read as follows:
"The City agrees that in return for services specified herein, it will pay the Corporation the
base annual contract price of$1,688,810. The compensation provided for herein shall be paid
monthly in the sum of$140,734 per month commencing on the first day of October,2015 and
continuing on the first day of each month thereafter. The parties shall renegotiate the base
contract price for each successive year of this contract annually.
3. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full
force and effect.
(Signature page follows)
Cape Canaveral Volunteer Fire Department
Addendum to Contract 2015/2016
Page 2 of 2
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal
corporation, by its duly authorized officer, has executed this instrument this day of
September, 2015.
CITY OF CAPE CANAVERAL,FLORIDA
a Municipal Corporation
By:
Rocky Randels, MAYOR
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its
authorized officers, has executed this instrument this day of September, 2015.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT,INC., d/b/a CANAVERAL
FIRE RESCUE, a Non-profit Corporation
By:
Dave Sargeant, FIRE CHIEF
ATTEST:
Secretary
(Corporate Seal)
ADDENDUM
THIS ADDENDUM is entered into this 22nd day of September, 2015 by and between
THE CITY OF CAPE CANAVERAL, FLORIDA,hereinafter called the"City", and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE
RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation."
WITNESSETH
WHEREAS, the City and the Corporation have entered into that certain Contract for
Services dated September 25,2007("Contract"),which Contract is for a term of twenty-seven(27)
years; and
WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base
contract price for each year of the Contract after the first year; and
WHEREAS,the parties have agreed to a revised Contract price for the period October 1,
2015 through September 30, 2016.
NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,
the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct and incorporated into
the body of this Agreement by this reference.
2. Price Revision. Paragraph 13 of the Contract is amended to read as follows:
"The City agrees that in return for services specified herein, it will pay the Corporation the
base annual contract price of$1,688,810. The compensation provided for herein shall be paid
monthly in the sum of$140,734 per month commencing on the first day of October,2015 and
continuing on the first day of each month thereafter. The parties shall renegotiate the base
contract price for each successive year of this contract annually.
3. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full
force and effect.
(Signature page follows)
Cape Canaveral Volunteer Fire Department
Addendum to Contract 2015/2016
Page 2 of 2
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal
corporation, by its duly authorized officer, has executed this instrument this 22nd day of
September, 2015.
CITY OF CAPE CANAVERAL, FLORIDA
a Municipal Corporation
By:
Rocky Randels, MAYOR
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its
authorized officers, has executed this instrument this day of September, 2015.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., d/b/a CANAVERAL
FIRE RESCUE, a Non-profit Corporation
By:
Dave Sargeant, FIRE CHIEF
ATTEST:
Secretary
(Corporate Seal)
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 09/22/2015
Item No. 8
Subject: Resolution No. 2015-14; authorizing an agreement for Municipal Law
Enforcement Services between the City Of Cape Canaveral, Florida and Wayne Ivey,
as Sheriff of Brevard County; providing for an effective date.
Department: Administrative/Financial Services
Summary: The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff
of Brevard County, Florida, hereinafter referred to as "Sheriff' or "BCSO", entered into
an Agreement for BCSO to provide Municipal Law Enforcement Services. The
Agreement will expire on September 30, 2015. This Resolution adopts an Agreement
from October 1, 2015 through September 30, 2017. A Summary of the contract
provision follows:
Article 1 supplies Definitions for the Agreement.
Article 2 outlines the Level of Law Enforcement Service, which is 24-hour law
enforcement service with a minimum of two deputies on patrol. It also outlines the
staffing levels for the Agreement.
Article 3 outlines the Ancillary Services available such as, but not limited to, county-
wide Selective Enforcement Unit; Aviation Unit; Prisoner and Detention Center
Services; Homicide/Major Crimes Unit; K-9 Services; Crime Scene Unit;
Watercraft/Boats and Dive Team.
Article 4 indicates Capital Equipment purchases are to be made by the Sheriff, rather
than the City as in past years. The vehicles previously purchased by the City will be
returned to the City when they are replaced or the Agreement is terminated. The City
also agrees to provide facilities for use by BCSO.
Article 5 indicates all persons employed to perform the services, functions and
responsibilities of the Agreement are to be employees of BCSO and the City is not liable
for payment of salaries, wages, contributions to pension funds, insurance, workers'
compensation fund, etc.
Article 6 outlines the Sheriff is to have full and complete responsibility for the control of
the standards of performance, discipline of personnel and other matters related to the
services, duties and responsibilities of the Agreement. The City Manager is given
certain rights to request transfer of personnel who, by mutual agreement, fail to perform
in a manner consistent with standards of the Agreement.
Article 7 sets the compensation the City will pay BCSO for FY 15/16 at $2,491,000.
This represents the total Contract price of $2,619,000 minus $128,000 credit for
services provided to Avon-by-the Sea. Monthly payments of$207,583.33 will be made
to BCSO. This section will be negotiated annually through the budgetary process.
Article 8 requires patrol units to be prominently marked with the name "Cape
Canaveral".
Article 9 covers natural disasters, emergency operations and funding for same.
City Council Meeting Date: 09/22/2015
Item No. 8
Page 2 of 3
Article 10 indicates responsibility for application, administration and disposition of
grants are that of the City.
Article 11 sets forth insurance requirements and responsibilities for both parties.
Article 12 outlines the distribution of Forfeiture Funds collected from operations
originating by personnel assigned to the Precinct or when personnel assigned to the
Precinct participate in operations outside of the City. Distributions are made according
to thresholds based on the dollar value seized.
Article 13 sets forth how Police Education Income Funds will be distributed for
continuing professional education of personnel assigned to the Precinct.
Articles 14 covers the Hold Harmless Clause whereby the City and Sheriff each will be
responsible for any and all manner of action and actions which may be claimed by a
third party due to intentional or negligent acts or omissions of its own employees,
officers or agents. Moreover, each party will be responsible for defending any actions,
claims or suits arising from any act or omission of its own employees, officers or agents.
Article 15 outlines Disputes and Disagreements between the parties relative to either
party's performance under the terms and conditions of this Agreement and will be
presented specifically, in writing, by the party-claiming dispute. Requirements for formal
responses and meeting times are specific and if settlement is not attained, each party
shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes.
Article 16 provides Notice whereby notices and claims and any other matter requiring
written communication to a party shall be given to the Sheriff or City as applicable.
Addresses for the Sheriff and City are contained within.
Article 17 outlines Term of Agreement which contains a two (2) year term commencing
on October 1, 2015 and ending September 30, 2017, and provides City and Sheriff shall
renegotiate the contract price each year for the term of the contract.
Article 18 covers Modification which states that this Agreement shall not be modified
except by a written Modification Agreement, signed and properly approved by both
parties.
Article 19 outlines Termination whereby either party may terminate this Agreement
without cause or further liability to the other, upon written notice, to the other party.
Written notice for the termination of this Agreement shall be given not less than 180
days prior to the requested termination date. Indemnification applies in terms of
compensation for services rendered through contract termination date.
Article 20 outlines Legality of Agreement which states any obligations of this Agreement
that are hereafter determined by a court of competent jurisdiction to be illegal are void,
and neither party will be obligated to further perform as to such obligations. If a
nonmaterial portion of the total obligation of this contract is hereby severed, the balance
of the lawful portions hereof will continue to be performed.
Article 21 covers Totality of Agreement whereby this Agreement supersedes any other
agreement between the parties, oral or written, and contains the entire agreement
between City and Sheriff as to the subject matter hereof.
Article 22 covers Public Records In accordance with section 119.0701, Florida Statutes,
Sheriff agrees that all documents, software, and materials, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to this
Agreement or in connection with any funds provided by CITY pursuant to this
Agreement may be considered public records pursuant to Chapter 119, Florida
City Council Meeting Date: 09/22/2015
Item No.
Page 3 of 3
Statutes. Sheriff agrees to maintain all public records required by the City; agrees to
provide the public with access to public records on the same terms and conditions that
CITY not to exceed the cost provided by Chapter 119, Florida Statutes or otherwise
provided by law; and shall also ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law. Additionally, all requirements must be met for retention,
transfer, and destruction of all such public records. All records stored electronically
must be provided to CITY in a format that is compatible with the information technology
systems of the CITY. If SHERIFF does not comply with a public records request, CITY
shall have the right to enforce the provisions of this Paragraph. In the event that
SHERIFF fails to comply with the provisions of this Paragraph, and CITY is required to
enforce the provisions of this Paragraph, or CITY suffers a third party award of
attorney's fees and/or damages for violating the provisions of Chapter 119, Florida
Statutes due to SHERIFF'S failure to comply with the provisions of this Paragraph,
CITY shall be entitled to collect from SHERIFF prevailing party attorney's fees and
costs, and any damages incurred by CITY, for enforcing this Paragraph against
SHERIFF. This Paragraph shall survive the termination of this Agreement.
Submitting Department Director: John DeLeo Date: 09/8/2015
Attachments:
Resolution No. 2015-14 and Agreement for Municipal Naw Enforcement Services
Financial Impact: As amended in the City's 2015/2016 Proposed Annual Budget and
reflected in the FY 2015/2016— FY 2016/2017 Agreement, the compensation to be paid
by the City to BCSO shall be $2,619,000 less $128,000 credit for Avon-By-The-Sea for
a net payment for FY 2015/2016 of$207,583.3
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/10/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-14.
Approved by City Manager: David L. Greene Date: 9/10/15
RESOLUTION NO. 2015-14
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL
LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE
CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD
COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law
Enforcement Services; and
WHEREAS, said Contract contains a two(2)year term commencing on October 1,2015 and
ending September 30, 2017, and provides the City and the Sheriff shall renegotiate the contract price
each year for the term of the contract.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County,Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an agreement for
Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide
services for the contract year October 1,2015 through September 30,2017. A copy of said agreement
is attached hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 22nd day of
September, 2015.
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela M. Apperson, City Clerk
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Approved as to Form: Betty Walsh
Anthony A. Garganese, City Attorney
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
FY 2015/2016—FY 2016/2017
This Agreement made and entered into this day of , 2015 by and between the
City of Cape Canaveral,a municipality, chartered in the State of Florida,by and through its elected
City Council, hereinafter referred to as the"CITY", and Wayne Ivey, in his capacity as the Sheriff
of Brevard County,Florida, a county constitutional officer and a county charter officer,hereinafter
referred to as the"SHERIFF" or"BCSO".
WITNESSETH
WHEREAS,the CITY is located within Brevard County, Florida; and
WHEREAS,the CITY is desirous to contract its law enforcement services to SHERIFF; and
WHEREAS,BCSO is authorized by law to exercise its authority throughout Brevard County,
including within the City of Cape Canaveral.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth
in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
ARTICLE I, DEFINITIONS:
The following terms shall have the respective meanings hereinafter set forth for the purposes of
this Agreement:
1. Commanding Officer: The sworn law enforcement officer of executive rank employed
by the SHERIFF and designated to administer the contractual services as provided by this
Agreement. The Commanding Officer is responsible for the delivery of services,discipline
of the personnel under their command, and to act as liaison with the City Manager, Cape
Canaveral.
2. Consideration Agreement: A legally binding written agreement executed by both the
SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF
for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only
if it is approved, adopted and legally binding on all parties to the same prior to the
beginning of the fiscal year covered by the Agreement.
3. Effective Date: October 1, 2015.
4. Fiscal Year: A period of time beginning on October Pt of the designated year and
ending September 30th of the following year.
5. Service: Comprehensive professional law enforcement and protection on a twenty-four
(24)hour per day basis, except hereinafter stated, including reactive patrol to enforce State
Laws and, to the extent allowable by law, City Ordinances of the CITY; pro-active patrol
to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic
accidents.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 2 of 11
6. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion
of the SHERIFF or designee) based on operational needs.
7. State of Emergency: The facts, events and circumstances which result in a declaration
of disaster or other state of emergency by the Governor of the State of Florida or the United
States government.
ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE:
As an accredited law enforcement organization, BCSO and the Canaveral Precinct being a part
thereof will conduct law enforcement operations in accordance with accreditation standards as
outlined in BCSO General Orders. BCSO shall provide the CITY for the term hereinafter set forth,
as the same may be extended in accordance with the provisions hereof, competent professional
law enforcement service, within and throughout the jurisdictional area of the CITY. SHERIFF
shall at all times endeavor to provide the CITY with service similar to that which they would enjoy
with a municipal police department, to the extent and in the manner hereinafter described:
1.Provide 24-hour law enforcement services to CITY and enforce all laws for which BCSO
has jurisdiction to enforce.
2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries
of CITY at all times in accordance with accepted law enforcement practices. During any
exception to the foregoing because of illness, emergency, or any other reason, patrol
services may be augmented by mutual aid service. Patrol shall be construed to mean, the
actual patrolling of the jurisdictional area of the CITY, or attending to an observed or
reported incident or availability to provide law enforcement services. Service shall include
reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances
of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to
enforce traffic laws and prevent traffic crashes.
3. A representative of BCSO shall be present at City Council meetings or other public
meetings when so reasonably requested by the City Manager or his/her designee.
4. Commencing on the Effective Date, staffing provided by this Agreement will be as
follows:
1 Commanding Officer (shared position with CPA)
4 Lieutenant (shared position with CPA)
5 Sergeants (shared position with CPA)
14 Deputies
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 3 of 11
3 General Crimes Agents (shared position with CPA)
1 School Resource Officer (SRO) at Cape View Elementary
1 Traffic Enforcement Corporal
2 Special Investigations Agent (shared position with CPA)
1 Administrative Assistant
1 Public Service Aides
2 Office Assistants/Desk Officers
1 Crime Analyst (shared position with CPA)
1 Patrol Support Specialist (shared position with CPA)
1 IT Specialist (shared with position CPA)
1 Communications Officer
1 Records Technician (shared position with CPA)
1 Mechanic (shared position with CPA)
1 HR Officer
5. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring
throughout the duration of this contract.
ARTICLE III, LAW ENFORCEMENT AND ANCILLARY SERVICES:
Law Enforcement Services shall include the law enforcement related functions and duties to be
performed by SHERIFF and shall encompass duties and functions under the jurisdiction of and
customarily rendered by SHERIFF under state statutes. Those duties shall include, but are not
limited to, receiving and dispatching calls for service, investigating criminal complaints, crimes
and security breaches, trespass, burglary, theft, homicide, drug offenses, assaults, fraud, missing
persons, special event details, enforcement operations and related services such as polygraph,
evidence management, report/record maintenance, etc. Ancillary services not specifically
identified within this Agreement shall be made available to CITY at no additional charge to the
Agreement Consideration. Those ancillary services shall include,but are not limited to,emergency
response, Canine (K-9) patrol, explosive ordnance disposal, intelligence functions, mounted
patrol, aviation, technical support, street crimes enforcement, multi-agency task force operations,
victim services, DUI enforcement,marine/dive team, SWAT team response,major investigations,
crime scene investigators, crime prevention programs, public awareness programs, drug
enforcement, money laundering enforcement, and the continuity of staff and Support Services.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 4 of 11
ARTICLE IV, MAINTENANCE OF ABILITY:
All Capital Equipment purchased by SHERIFF for use in the performance of this Agreement shall
remain in the exclusive control of SHERIFF. Ownership of such equipment shall remain with
SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement
shall remain with CITY. Upon termination of this Agreement or the surplus of any vehicle
purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle shall be returned
to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to
acquire it, shall remain with BCSO.
CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities
provided by CITY for use by SHERIFF, CITY hereby agrees to provide for all routine
maintenance, repairs and replacement of existing facilities, and shall provide janitorial services
and, pay all charges for utilities and other services required for the operation of the facilities. The
facilities shall be used for the sole purpose of providing the services as defined in this Agreement.
Any other use of these facilities shall be negotiated as to cost and extent.
ARTICLE V, EMPLOYMENT RESPONSIBILITY:
All persons employed by BCSO in the performance of the services, functions and responsibilities
as described and contemplated herein for the CITY shall remain BCSO employees, and no one of
such persons shall be considered in the employ of CITY for the purpose of pension, benefits,
insurance benefits, civil service benefits, compensation or any status or right. Accordingly, CITY
shall not be called upon to assume any liability for or direct payment of any salaries, wages or
other compensation, contributions to pension funds, insurance premiums, workers' compensation
funds, vacation or compensatory time, sick leave benefits or any other amenities of employment
to any BCSO personnel performing services, duties and responsibilities herein for the benefit of
CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless
specifically provided to the contrary herein, CITY shall not be liable for compensation,
contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind
whatsoever, arising out of such employment and in the performance of the services, duties and
responsibilities contemplated herein.
ARTICLE VI, EMPLOYMENT RIGHT OF CONTROL:
SHERIFF shall have and maintain the responsibility for and the control of the rendition of the
services, the standards of performance, the discipline of personnel and other matters incident to
the performance of the services, duties and responsibilities described and contemplated herein.
1. CITY, by its City Manager, shall have the right to request BCSO to transfer personnel
who,by mutual agreement of the City Manager and the Sheriff,fails to perform in a manner
consistent with standards contemplated herein.
2. CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental
personnel in all reasonable ways in order to effectively provide the service required herein.
3. The ultimate control and direction of the manner in which any BCSO employee shall
carry out and perform his/her duties under this Agreement shall rest with SHERIFF;
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 5 of 11
provided, however, BCSO agrees that it will cooperate with CITY so as to concentrate its
efforts in particular areas or incidents called to the attention of the Commanding Officer,
Canaveral Precinct by the City Manager or his/her designee.
ARTICLE VII, CONSIDERATION:
1. The compensation to be paid by CITY to BCSO for Fiscal Year 2015 — 2016 shall be
the sum of $2,619,000 for Contract Services. The fee amount to be paid for contract
services of$2,619,000 less credit for Avon-by-The-Sea of$128,000 totals $2,491,000.
2. Payments shall be made to BCSO by CITY in twelve equal monthly installments of
$207,583.33 payable on or before the first day of each month.
3. The Consideration Clause of this Agreement shall be negotiated annually through the
budgetary process between CITY and SHERIFF.
4. Written agreement as to the compensation paid by CITY to BCSO for each subsequent
year shall be in force by October 1St of the affected year. Should a mutually agreeable fee
not be reached by September 30, of the affected year, the fee will be equal to that of the
previous year, plus 4% for operational increases. This amount may be adjusted by mutual
agreement after the start of the fiscal year, after CITY approves a budget.
5. Any request for modification of service levels contemplated within this Agreement shall
be accomplished by written request to SHERIFF, and if necessary, amendment to the fee
then in effect.
6. Should CITY desire that the SHERIFF provide services at a higher level than
contemplated herein, CITY, through its City Manager, may negotiate with SHERIFF
regarding modification of this Agreement and shall bring such modification to the City
Council for their consideration and appropriate action.
7. Cost of Investigation funds received by BCSO shall be remitted to CITY on a quarterly
basis.
ARTICLE VIII, SPECIAL EQUIPMENT PROVISO:
BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and
the intent contemplated herein, without additional costs therefore, additional marking with the
name "Cape Canaveral", prominently displayed on Patrol Units.
ARTICLE IX, NATURAL DISASTERS AND EMERGENCY OPERATIONS:
1. Upon declaration of a federal disaster by the United States government or other state of
emergency, declared by the Governor of the State of Florida, or by mutual agreement
between CITY and SHERIFF, CITY agrees to fund the additional personnel, overtime,
capital and operational expenses, incurred by BCSO during the declaration period for the
benefit of CITY.
2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the
responsibility of CITY. BCSO will provide documentation for all expenditures incurred
pursuant to BCSO General Order 300.08.
(a) When an emergency condition has been declared by SHERIFF, and employees
in all precincts/offices performing non-essential functions on a county-wide basis
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 6of11
are granted paid administrative leave by SHERIFF to return home,those employees
of SHERIFF required to work during the emergency conditions, in lieu of the paid
administrative leave, shall receive compensatory time for all normally scheduled
hours worked (hour for hour basis) in which non-essential employees of SHERIFF
are granted paid administrative leave and, in addition, shall be paid as follows:
(1) Employees of SHERIFF shall be paid at time and one-half for all hours
worked during the declared emergency conditions.
(2) Upon approval from SHERIFF, Commanders, Majors, Directors and
Managers may receive compensatory time for hours worked outside their
normal work hours during the declared emergency conditions.
(3) Temporary employees of SHERIFF shall not be eligible to receive paid
administrative leave during a declared emergency. In the event a temporary
employee is required to work during the declared emergency they shall be
paid time and one-half for working the emergency event.
(b) Employees of SHERIFF who are required to work during the recovery effort
period, as established by SHERIFF shall be paid time and one half for all hours
worked during the recovery effort period.
(c) Employees of SHERIFF who are on a pre-approved leave or regularly scheduled
day off during the declared emergency period are not eligible for administrative
leave.
ARTICLE X, GRANTS:
SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought
to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral.
CITY shall be responsible for the application, administration and disposition of any and all such
grants.
ARTICLE XI, INSURANCE:
SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for
bodily injury and property damage caused by an occurrence arising out of the scope and
performance of the duties of said law enforcement officers and support personnel covered by this
Agreement. SHERIFF will provide automobile liability insurance for bodily injury and property
damage for vehicles used by BCSO under the terms and conditions of this Agreement.
1. SHERIFF may elect to join with a recognized self-insurance program with other law
enforcement agencies to provide insurance coverage described above. Costs of such
described insurance will be part of the funds provided by CITY.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 7 of 11
2. CITY shall provide its own fire, storm, flood, property damage and public liability
insurance for bodily injury, for the facilities furnished by CITY to SHERIFF and shall
name SHERIFF as an additional insured, at no cost to SHERIFF.
3. CITY assumes all risk of loss not covered by insurance.
ARTICLE XII, FORFEITURE FUNDS:
1. SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act
(Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations
originating by Deputy Sheriffs assigned to and within the jurisdictional area of CITY
pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law
enforcement operations within CITY.
2. Proceeds, including monies, collected by SHERIFF in accordance with the provisions
of Paragraph 12.1 of this Agreement shall be distributed as follows:
(a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law
enforcement operations within the jurisdictional area of CITY,upon forfeiture,will
be awarded to CITY, less the attorney fees and other direct costs of the forfeiture
proceeding. Such proceeds awarded to CITY shall be utilized for law enforcement
services, as specified by Florida Statute 932.7055, within CITY.
(b)Proceeds exceeding$50,000 in value seized pursuant to BCSO law enforcement
operations within the jurisdictional area of CITY shall be disbursed, less attorney
fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon
forfeiture, the first $50,000 of proceeds as to value shall be awarded to CITY; and,
(2) Proceeds in excess of $50,000 of value shall be distributed pro rata in
relationship to the percentage of the assigned Deputy Sheriffs from Canaveral
Precinct to the number of Deputy Sheriffs funded by Brevard County who are
assigned to the operation. Such proceeds awarded to CITY shall be utilized for law
enforcement services,as specified by Section 932.7055,Florida Statutes,within the
CITY.
(c)Proceeds exceeding$10,000 in value seized pursuant to BCSO law enforcement
operations outside the jurisdictional area of the CITY with the participation of
Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to
the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the
number of Deputy Sheriffs funded by Brevard County assigned to the operation.
Such proceeds awarded to CITY shall be utilized for law enforcement services, as
specified by Section 932.7055, Florida Statutes, within CITY.
3. If property other than cash or currency is seized in contraband forfeiture cases within
the jurisdictional area of CITY, CITY shall advance all legal costs related to the forfeiture.
Should CITY refuse to advance such costs, SHERIFF may elect to fund the legal costs of
the forfeiture proceeding whereupon the property or any proceeds from the sale of such
property shall be the sole property of SHERIFF.
4. SHERIFF shall supply documentation of awarded and recovered investigative fees, on
a monthly basis as provided by Clerk of the Court. Payments actually received by
SHERIFF will be made to CITY by BCSO on a quarterly basis.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 8 of 11
5. Proceeds collected on account of investigations initiated after termination of this
Agreement, shall be the sole property of SHERIFF.
ARTICLE XIII, TRAINING:
CITY upon request of SHERIFF, shall disburse when available, Police Education Income Funds
(Second Dollar) to SHERIFF, for the continuing professional education of personnel assigned to
Canaveral Precinct.
ARTICLE XIV, HOLD HARMLESS CLAUSE:
CITY and SHERIFF each will be responsible for any and all manner of action and actions, cause
and causes of action, suits, trespasses,judgments, executions, claims and demands and losses and
damages, costs and expenses of any kind whatsoever, including attorney fees and court costs,
which may be claimed by any third party to have resulted from or arise out of the intentional or
negligent acts or omissions of its own employees, officers or agents of the other,whether occurring
before or after CITY and SHERIFF assumed the obligations of this Agreement. Each party will
be responsible for defending any actions, claims or suits arising from any act or omission of its
own employees, officers or agents.
ARTICLE XV,DISPUTES AND DISAGREEMENTS:
During the duration of this Agreement, all disputes and disagreements between the parties relative
to either party's performance under the terms and conditions of this Agreement will be presented
specifically,in writing,by the party-claiming dispute. Thereafter,the responding party will answer
specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days
thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute,
or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the
issues to binding arbitration pursuant to Chapter 682, Florida Statutes.
ARTICLE XVI, NOTICE:
Notices, claims and any other matter requiring written communication to a party shall be given as
follows:
To the SHERIFF: Brevard County Sheriff's Office
Attn: Wayne Ivey, Sheriff
700 Park Avenue
Titusville, Florida 32780
To the CITY: City of Cape Canaveral
Attn: City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 9 of 11
ARTICLE XVII,TERM OF AGREEMENT:
This Agreement contains a two (2) year term commencing on October 1, 2015 and ending
September 30, 2017, and provides City and Sheriff shall renegotiate the contract price each year
for the term of the contract.
ARTICLE XVIII, MODIFICATION:
This Agreement shall not be modified except by a written Modification Agreement, signed and
properly approved by both parties hereto.
ARTICLE XIX, TERMINATION:
Either party may terminate this Agreement without cause or further liability to the other, upon
written notice, to the other party. Written notice for the termination of this Agreement shall be
given not less than 180 days prior to the requested termination date.
1. Written notice shall be delivered by registered mail or certified mail, return receipt
requested, and is deemed delivered through signed receipt.
2. Upon any such termination all further obligations shall cease, except payment for
services rendered up to midnight of the effective date of termination.
ARTICLE XX, LEGALITY OF AGREEMENT:
Any obligations of this Agreement that are hereafter determined by a court of competent
jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such
obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the
balance of the lawful portions hereof will continue to be performed.
ARTICLE XXI, TOTALITY OF AGREEMENT:
This Agreement supersedes any other agreement between the parties, oral or written, and contains
the entire agreement between City and Sheriff as to the subject matter hereof.
ARTICLE XXII, PUBLIC RECORDS:
In accordance with section 119.0701, Florida Statutes, Sheriff agrees that all documents,
transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to this Agreement or in connection with any funds
provided by CITY pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. SHERIFF agrees to keep and maintain any and all public records
that ordinarily and necessarily would be required by CITY in order to perform the services required
by this Agreement. SHERIFF also agrees to provide the public with access to public records on
the same terms and conditions that CITY would provide the records and at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
SHERIFF shall also ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law. In addition,
SHERIFF shall meet all requirements for retaining public records and transfer, at no cost,to CITY
all public records in possession of SHERIFF upon termination of this Agreement and destroy any
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 10 of 11
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements, except to the extent that SHERIFF as a Florida county constitutional officer is
required to retain and maintain any and all such public records. All records stored electronically
must be provided to CITY in a format that is compatible with the information technology systems
of the CITY. If SHERIFF does not comply with a public records request, CITY shall have the
right to enforce the provisions of this Paragraph. In the event that SHERIFF fails to comply with
the provisions of this Paragraph, and CITY is required to enforce the provisions of this Paragraph,
or CITY suffers a third party award of attorney's fees and/or damages for violating the provisions
of Chapter 119, Florida Statutes due to SHERIFF'S failure to comply with the provisions of this
Paragraph, CITY shall be entitled to collect from SHERIFF prevailing party attorney's fees and
costs, and any damages incurred by CITY, for enforcing this Paragraph against SHERIFF. And,
if applicable, CITY shall also be entitled to reimbursement of any and all attorney's fees and
damages which CITY was required to pay a third party because of SHERIFF'S failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and
the year first written above.
ATTEST: SHERIFF OF BREYARD COUNTY, FLORIDA
Wayne Ivey, SHERIFF
Approved as to form and content:
Charles Ian Nash,
General Counsel for Sheriff Wayne Ivey
Date:
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2015-2016 and 2016-2017
Page 11 of 11
ATTEST: MAYOR OF THE CITY OF CAPE
CANAVERAL
Angela Apperson, MMC Rocky Randels, MAYOR
CITY CLERK
Approved as to form and content:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Date:
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 9/22/2014
Item No. 9
Subject: Resolution No. 2015-16; reappointing members to the Board of Adjustment,
Code Enforcement Board, Culture and Leisure Services Board and Library Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Douglas Raymond, Mary K. Russell, John Dattilo,
Barry Schoenholz, Marlene Woodside and Marilyn Nicholas)
Department: Legislative
Summary: Douglas Raymond has served on the Board of Adjustment since May 2009.
His current (2) two-year term expires on October 1, 2015. This reappointment begins
his first (3) three-year term allowed under the limits referenced in the Code and below.
Mary Russell has served on the Code Enforcement Board since July 1985. Her current
(3) three-year term expires on October 1, 2015. This reappointment begins her second
(3) three-year term allowed under the limits referenced in the Code and below.
John Dattilo has served on the Culture and Leisure Services Board since January 1995.
Barry Schoenholz and Marlene Woodside, respectively, have served on the Board
since October 2012. All of their current (3) three-year terms expire on October 1, 2015.
These reappointments begin their second (3) three-year terms allowed under the limits
referenced in the Code and below.
Marilyn Nicholas has served on the Library Board since December 2010 and her current
(3) two-year term expires on October 1, 2015. This reappointment begins her second
(3) three-year term allowed under the limits referenced in the Code and below.
The City Clerk's Office received Expiration Notices indicating each Members' desire to
continue serving on their Board. Per City Code of Ordinances Sec. 2-171 (f) Term, all
Board and Committee Members shall be appointed to serve a three-year term and may
be reappointed by the City Council for one additional three-year term. There shall be
no limit on the total number of terms a Board or Committee Member may serve, except
no person shall be appointed to more than two consecutive terms on the same board
or committee unless no other qualified applicants submit applications seeking
appointment. Notwithstanding, the City Council may appoint a Member to a term of less
than three years in order to stagger the terms of the entire board or committee. If a
Member is removed, or vacates their appointment for any reason, including death,
excessive absence or resignation prior to the expiration of their term, the City Council
may at its discretion appoint an individual to serve the remaining portion of the
unexpired term.
It is now incumbent upon the City Council to reappoint each as Member of said Boards
by Resolution No. 2015-16.
Submitting Department Director: Angela Apperson Date: 9/14/2015
Attachment: Resolution. No. 2015-16
City Council Meeting Date: 9/22/2015
Item No. 9
Page 2 of 2
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-16.
Approved by City Manager: David L. Greene Date: 9/14/15
RESOLUTION 2015-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE BOARD OF ADJUSTMENT, CODE
ENFORCEMENT BOARD, CULTURE AND LEISURE SERVICES
BOARD AND LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 110-
2, Cape Canaveral City Code, established a board known as the Board of Adjustment; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 2-
256, Cape Canaveral City Code, established a board known as the Code Enforcement Board; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 54-
26, Cape Canaveral City Code, established a board known as the Culture and Leisure Services
Board; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 46-
26, Cape Canaveral City Code, established a board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Boards.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointments to the Board of Adjustment, Code Enforcement Board,
Culture and Leisure Services Board and Library Board pursuant to Section 2-171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the Cape Canaveral Boards indicated below:
A. Douglas Raymond, shall be reappointed to the Board of Adjustment for a term of
three (3) years.
Following the completion of his initial three (3) year term, the Member shall be eligible for
reappointment to said Board for an additional term consistent with the limitations set forth in
section 2-171(f), City Code.
B. Mary K. Russell shall be reappointed to the Code Enforcement Board for a term of
three (3) years.
City of Cape Canaveral
Resolution No. 2015-16
Page 1 of 3
Following completion of her second three (3) year term, the Member shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set forth in
section 2-171(f), City Code.
C. John Dattilo, Barry Schoenholz, and Marlene Woodside shall each be reappointed
to the Culture and Leisure Services Board for a term of three (3) years.
Following completion of each of their second three (3) year terms, the Members shall not be
eligible for reappointment to said Board for an additional term consistent with the limitations set
forth in section 2-171(f), City Code.
F. Marilyn Nicholas shall be reappointed to the Library Board for a term of three (3)
years.
Following completion of her second three (3) year term, the Member shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set forth in
section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
(Adoption/Signature page follows)
City of Cape Canaveral
Resolution No. 2015-16
Page 2 of 3
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 22nd day of September, 2015.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, MMC Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2015-16
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 09/22/2015
Item No. 10
Subject: Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding
City Council Elections to fill Councilmember vacancies; providing for conflicts,
severability, incorporation into the Code, and an effective date, second reading.
Department: Administrative Services
Summary: On August 7, 2015 the City Council held a Special Meeting to discuss and
take any action deemed necessary related to the 2015 Municipal Election and the
method of filling City Council vacancies created by the resignations of Council Members
Hoog and Petsos. As part of the Special Meeting, the City Council adopted an
emergency ordinance to call for a Special Election on November 3, 2015 to fill City
Council vacancies and outline the election procedures. The ordinance indicates Section
2-26 of the City Code shall not apply to the Special Election. Instead, a separate ballot
question will contain the names of individuals who qualify to fill the two vacancies.
As a part of the discussion at the Special Meeting, City Council deemed it appropriate
to change Section 2-26 for future elections to ensure any Council vacancies would be
filled by a separate ballot question from that of the Mayor. The requested changes are
outlined in Ordinance No. 09-2015 (Attachment 1).
The Notice of Hearing was published in the Florida Today newspaper August 27, 2015.
Submitting Department Director: Angela M. Appersonk Date: 8/20/2015
Attachment: Ordinance No. 09-2015
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff
time to prepare the Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/21/15
The City Manager recommends that City Council ake the followin ac ion:
Adopt Ordinance No. 09-2015, second reading.
Approved by City Manager: David L. Greene Date: 8/21/15
ORDINANCE NO. 09-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 2-26 OF THE CITY CODE REGARDING
CITY COUNCIL ELECTIONS TO FILL COUNCILMEMBER
VACANCIES; PROVIDING FOR CONFLICTS, SEVERABILITY,
INCORPORATION INTO THE CODE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Article VI of the City Charter provides for at-large elections of the mayor and
members of the City Council, and Section 2.06 of the City Charter provides for the filling of
vacancies on the City Council; and
WHEREAS, the City Council desires to amend Section 2-26 of the City Code for purposes
of modifying the manner in which persons are elected to fill vacancies on the City Council during
years in which there is a scheduled mayoral election so that the election of mayor shall remain a
stand-alone election; and
WHEREAS, it is the intent and purposes of this Ordinance to preserve the elector"s ability
to elect a mayor separate and apart from electing persons to serve as a councilmember; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 2-26 of the City Code. That Section 2-26 of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
indicates additions and stfikeeut-type indicates deletions)
Sec. 2-26. - Elections.
All powers and duties of the city specified in the City Charter in the general laws
of the state are vested in the city council. The city council is comprised of five
members who are elected at large by the registered electors of the city. Two
members are elected each year to three-year terms from a single ballot based on
City of Cape Canaveral
Ordinance No. 09-2015
Page 1 of 3
the two candidates receiving the greatest number of votes, except on every third
year only one member, who is also the mayor, is elected to a three-year term.
Further, should any general election include the election of a council person due
to a vacancy in that office pursuant to article II, section 2.06, of the Charter, then
the unexpired term shall be filled by the candidate receiving the third-greatest
number of votes, or in third-year elections
involving only the mayor, the election to the fill the vacancy shall be by separate
ballot. Should more than one vacancy be filled at the election, then those
receiving the greatest number of votes shall be declared elected for the longest
terms. In the event that two or more persons receive an equal and highest number
of votes for the same office, such persons shall draw lots to determine who shall
be elected to the office in question per Section 100.181, Florida Statutes.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Adoption Page Follows]
City of Cape Canaveral
Ordinance No.09-2015
Page 2 of 3
ADOPTED,by the City Council of the City of Cape Canaveral, Florida, this 22nd day of
September, 2015.
ROCKY RANDELS, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.09-2015
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/22/2015
Item No. 11a
Subject: Resolution No. 2015-15; adopting a Final millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City
of Cape Canaveral, Brevard County, Florida; providing for an effective date.
Department: Financial Services
Summary: Adopt a Final Millage of 3.5432 mills for FY 2015/16, which represents a
rate below the rolled back rate. This millage includes two segments:
General Government millage 3.4797 mills
Library Dependent Special District 0.0635 mills
These rates are identified in the Fiscal Year 2015/16 Proposed Budget.
Per "Truth in Millage Compliance", the Ad Valorem Tax Rates can be lowered from the
proposed rate; however, no tax rate can be increased.
The City Council adopted Resolution No. 2015-07 — Tentative Proposed Millage Rate of
3.5513, on July 21, 2015; and Resolution No. 2015-12 — Proposed Millage Rate of
3.5432, on September 8, 2015.
Resolution No. 2015-15, attached, is the final approval establishing the Millage Rate for
Fiscal Year 2015/2016.
Submitting Department Director: John DeLeo Date: 9-11-15
Attachment: Resolution No. 2015-15
Financial Impact:
The adopted millage rate of 3.5432 provides a property tax revenue stream of
$3,351,977. These revenues are represented in the Proposed FY 2015/16 Budget at a
95% receipt rate and allow for a balanced budget; cost to prepare Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-15.
Approved by City Manager: David L. Greene Date: 9/14/15
RESOLUTION NO. 2015-15
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING A FINAL
MILLAGE RATE FOR THE LEVY OF AD VALOREM
TAXES FOR FISCAL YEAR 2015/2016 ON ALL TAXABLE
PROPERTY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved
millage rate; and
WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until
a resolution or ordinance has been approved by the governing board of the taxing authority and
upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall
compute a final millage rate necessary to fund the final budget other than the portion of the
budget to be funded from sources other than ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.5432 mills on the
dollar of taxable value for the 2015/2016 Fiscal Year for the City of Cape Canaveral, Florida.
This millage represents a rate below the rolled-back rate.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a final millage rate of 3.4797 mills for General Government Millage. This final Ad
Valorem Tax shall be levied upon the 2015 Tax Assessment Roll for Ad Valorem Tax on all
taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal
Year beginning October 1, 2015 and ending September 30, 2016.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a final millage rate of 0.0635 mills for the Library Dependent Special District, as
approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the
2015 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of
Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2015 and
ending September 30, 2016.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County,
Florida, this 22nd day of September, 2015.
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela Apperson, MMC, John Bond
City Clerk
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral,Florida
Resolution No. 2015-15
Page 2
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 09/22/2015
Item No. 11b
Subject: Ordinance No.10-2015; adopting the Annual General Fund, Wastewater
Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special
Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year
beginning October 1, 2015, and ending September 30, 2016; providing for an effective
date, second reading.
Department: Financial Services
Summary: City Council has completed its workshop pertaining to the development of
the Budget for Fiscal Year 2015/2016. The Budget reflects Council direction from that
meeting and revised revenue/spending estimates.
The Budget for the Fiscal Year 2015/16 totals $36,484,935. This represents a 6.2%
increase from the Fiscal Year 2014/2015 Budget.
City Council adopted Ordinance 10-2015 on first reading at its September 8, 2015
meeting. The Notice of Hearing is scheduled for publication in Florida Today on
September 17, 2015 and the Ordinance is presented for second reading and final
adoption.
Submitting Department Director: John DeLeo Date: 9/11/15
Attachment: Ordinance No. 10-2015.
Financial Impact: This is a balanced Budget based upon a 3.5432 Ad Valorem Millage
Rate.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/11/15
The City Manager recommends that City Council tak the following action:
Adopt Ordinance No. 10-2015; adopting the Annua General Fund, Wastewater
Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special
Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year
beginning October 1, 2015, and ending September 30, 2016, second reading.
Approved by City Manager: David L. Greene Date: 9/14/15
ORDINANCE NO. 10-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND,
WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE
FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS,
CAPITAL PROJECT FUNDS, AND AGENCY FUND BUDGETS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING
SEPTEMBER 30,2016; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise
Fund,Enterprise Capital Fund,Special Revenue Funds,Capital Project Funds and Agency Fund Budgets
which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape
Canaveral, Florida for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016, are
hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 22nd day of
September, 2015.
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela Apperson, MMC John Bond
City Clerk
Robert Hoog
Buzz Petsos
Approved as to Form: Rocky Randels
Betty Walsh
Anthony A. Garganese, City Attorney
First Reading: 9/8/2015
Legal Ad Published: 9/17/2015
Second Reading: 9/22/2015
Attachment#1 to
Ordinance No. 10-2015
City of Cape Canaveral
Fiscal Year 2015-2016 Bud<gct Summar
Revenues Expenditures
General Fund: $ 13,402,662 $ 13,402,662
Enterprise Funds:
Wastewater Enterprise Fund 9,587,922 9,587,922
Stormwater Enterprise Fund 1,842,600 1,842,600
Enterprise Capital Fund 6,832,385 6,832,385
Capital Project Funds:
Capital Construction Fund 2,505,240 2,505,240
North Atlantic Ave. Improvement Fund 1,944,821 1,944,821
Special Revenue Funds:
Police Education Fund 942 942
Aerial Fire Protection Fund 25,396 25,396
School Crossing Guard Fund 1,159 1,159
Library Fund 76,175 76,175
CC Community Redevelopment Agency Fund 262,063 262,063
Agency Fund:
Law Enforcement Trust Fund 3,570 3,570
Total Fiscal Year 2015/2016 Budget $ 36,484,935 $ 36,484,935
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/22/2015
Item No. 12
Subject: Approval of the Prismatic Branding Effort.
Department: Economic Development
Summary: On July 15, 2014 Orlando-based Prismatic was selected to lead the Cape
Canaveral Branding Initiative. From September 2014 to September 2015, Prismatic
methodically worked through the necessary stages: absorb, study, conceive, engage
and create the Brand Platform. During that period, a contract extension was approved
for additional community engagement.
On June 16, 2015 the public outreach results and Branding Platform, including color
palettes, font selections, brand story, key messages, tagline and keywords were
presented at the City Council/Business & Economic Development Board Joint
Workshop Meeting.
Now at the final stage, Prismatic has prepared an Implementation Plan which is
available to the public, as a preview, on our City website www.cityofcapecanaveral.orq.
Accompanying the Implementation Plan on the City website are the public outreach
results, the Branding Platform and a preview of the "Sizzle Reel". This video includes
a compilation of many of the 165 photos, submitted by 24 unique individuals solicited
from mycapecan.com registrants, City email blasts and Blackboard Connect. The video
will be used in marketing/outreach efforts and online via the City's website and social
media platforms.
Tonight, Stephanie Darden, President of Prismatic, will present the final deliverable, the
attached Branding Implementation Plan, which will be our guide as we launch the
Platform.
"The Space Between Sun and Sea" is the go-to tagline. It has been devised for use as-
is or through a campaign platform that allows for the insertion of different words in place
of"sun" and "sea" to give the branding campaign flexibility and longevity and to ensure
it communicates with business, lifestyle and tourism targets. Unlike a traditional, static
tagline; i.e., "What Happens Here, Stays Here" or "Cleveland Rocks!" which require
strict usage with no wiggle room, ours is more of a framework with a "go-to" tagline
which combines one consistent element and two variables: the consistent part is "The
Space Between and ". The variable parts are filled-in as appropriate. The
"Go-To" phrase is "The Space Between Sun and Sea". It does not have to be used
every time, but stands at-the-ready to resonate as punctuation. The Brand Platform is
detailed within the attached Branding Implementation Plan. Staff is negotiating with
Prismatic toward a potential coming Brand Activation phase.
At this point, all of the deliverables have been received — collectively the "Prismatic
Branding Effort". Staff is requesting that City Council approve the Prismatic Branding
Effort.
Submitting Department Director: Todd Morley Date: 9/14/2015
City Council Meeting
Date: 9/22/2015
Item No. /2 continued
Page 2 of 2
Attachment: Branding Implementation Plan
Financial Impact: $30,000, split evenly between City and CRA trust fund; cost to
develop this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/14/15
The City Manager recommends that City Council take the following action:
Approve the Prismatic Branding Effort.
Approved by City Manager: David L. Greene Date: 9/14/15
Attachment 1
„.41O ty t
J
Gi
4 .1
CRY OF
CASE CANAVERAL
Cr)
Implementation 3
U
TABLEOF C Tracking our progress 26
0
Whom to contact for information about 29
this plan and the brand?
U
IMPLEMENTATION
a
U
BRAND ACTIVATION
"'o` How we will introduce the brand to our
community and beyond .
4
u, SOCIAL
MEDIA
Use Facebook, Twitter, Instagram, and Linkedln as the core social media channels to
promote Cape Canaveral and activate the brand. These social channels are the most
widely used and cover our bases for audiences including business, residential, and
leisure travelers.
Mei
1Iin
58% of adults use 19% of adults 21% of adults use 23% of adults use
Facebook. use Twitter. Instagram. Linkedln.
70% of adults use 36% of adults 49% of adults use 13% of adults use
Facebook daily. use Twitter Instagram daily. Linkedln daily.
daily.
6
Facebook Usage Among Key Demographics
GENDER
ik 19-29 87%
1 66% . 1 77% 30..49 73%1
60-94 111111111111M3
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7
Twitter Usage Among Key Demographics
GENDER AGE
r
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8
Instagram Usage Among Key Demographics
GENDER AGE
UP z, 53%
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9
Unkedln Usage Among Key Demographics
GENDER AGE
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Use hashtags diligently to track social influence and ensure our brand spreads
throughout social channels. They act as "bread crumbs" and a way for social media to
U track and categorize specific communications, allowing people to see our
communications alongside any others who use the same hashtag.
Core hashtags to use for ongoing social media efforts include:
#mycapecan
#spacebetween
0_
#capecanaveral
Integrate brand graphics in main image areas
111, 1121FACEBOOK TWITTER LINKEDIN
Link Instagram to Link Instagram to Highlight
(/) cross-pollinate cross-pollinate different
image posts image posts businesses based
in the City as well
CL Promote events Retweet other as business-
tweets about Cape oriented
Highlight different Canaveral and information
businesses based the Port about the City
in the City
DAILY DAILY OR 2-3
Highlight different TIMES PER WEEK
resident and
business leaders in
the City
DAILY
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•
INSTAGRAM YOUTUBE
C r`
Upload and use Integrate brand
filters on video and
Cf) g4" community event continue to
and general upload new
lifestyle photos community
from life and videos as they
business around are produced
the City
AS NEEDED
Repost images
about Cape
Canaveral and
the Port
DAILY
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U COMMUNITY
CROWDSOURCING
BRAND ACTIVATION COMMUNITY
CROWDSOURCING INITIATIVE
We implemented a brand activation initiative which included reaching out to
U the citizens and businesses who have a stake in Cape Canaveral and asking
them to provide their favorite photos of Cape Canaveral through the filters of
living, working, and playing.
Doing so creates a more permanent, lasting effect, builds community pride
through unique participation, and also speaks to the Cape's personality and
promise, as a launchpad for life.
Q_
When opportunities arise for Cape Canaveral to engage the community through
sharing of anything-from ideas to feedback to photos to videos-leverage all
owned communication channels such as email, Black Board Connect, social
media channels, and the website, to promote the crowdsourcing initiative and
engage the community to take part.
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photos submitted
Alan Galbreath
Amber Cummings
Artesia Sunrise
Arvo
Howard Frye
Jan Dunn
Jeff Ratliff
June Sinclair
U
Katherine Edwards Katie K.
Larry Lyda
Linda Hagen
Linda Meeuwenberg
Linda Waunsch
MJ Tichich
Mark Mucha
people contributed Marlene Woodside
Melissa Veaudry-Martin
Ricardo Medici
Russ Moen
Stephanie Darden
Vincent Creo
Virginia Scott
We3desombre
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u, BRAND
VIDEO
BRAND VIDEO
The goal of this video is to unite the brand's visual and communication
platforms with music, motion graphics, and resident generated content—
Cr) in this case, photos—to yield a fresh communication resource that will
formally present Cape Canaveral's recalibrated brand and promise in an
authentic way.
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P
i
THE
le
•
illt S rAi
BETWEEN -
SUNRISES SuNSETS
U Present this brand video at every opportunity when A/V is accessible. This
includes "Movie in the Park" community events, before City Council
meetings, and renting (or purchasing) an inflatable projection screen,
projector, and speakers for a looping presentation at Friday Fest Events.
Include the video on the home page of the new City website and promote
the video within all social media channels.
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ADDITIONAL
RECOMMENDATIONS
ADDITIONAL RECOMMENDATIONS
As the new brand platform for the City of Cape Canaveral is finalized, making
< the brand discoverable and visible—marketing the City of Cape Canaveral—
emerges as a top priority. Without a solid approach that includes dedicated
(!) funding, the newly forged brand is at risk of being a localized effort and not
realizing its full potential for a broader audience comprised of businesses,
visitors, and future resident prospects.
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We must maximize the potential of this important branding initiative through
additional investments and opportunities that include:
+ Website consulting services: Oversight of the brand's implementation
within the new website currently underway by a third-party vendor. The
new website should be responsive to keep pace with user trends which
generally show mobile use equal or greater than desktop use.
+ Integrated marketing strategy: Invest in the development of an
integrated marketing strategy. The brand has been developed, but it is
(� crucial that a comprehensive strategy be devised and activated to help
the brand spread beyond the City's borders.
+ Media research and plan: Part of the integrated media strategy should
include professional media research and planning services to help
determine the optimal spend of advertising dollars to promote Cape
Canaveral based upon our target audiences.
+ Advertising campaign: When the media research and plan are complete,
advertising campaign creative is needed to produce the materials that
will be visible in the contracted media. This may include web banner
advertisements, print advertisements, radio spots, billboard designs, and
other similar advertising media.
+ Social media consulting services: Specialized graphics production as
well as augmenting internal talent to maximize all social channels and
guide the "voice" of the City for the first quarter (or longer if budget
allows), then shift to an as-needed basis for general counsel and support.
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+ Public art campaign: Transform abandoned or dilapidated structures
along AlA into murals using the graphics from the branding campaign.
+ Guerilla marketing: Designing and distributing Cape Canaveral vehicle
U magnets are an easy choice for promoting visible community pride for
the new brand. An added bonus: they transport the brand's reach outside
of the City.
+ Ongoing resident and business surveying: Continually gather feedback
about our progress and ways to get stronger.
+ Internal resources: Consider recruiting an intern with a degree focus on
a one or more of the following disciplines to support and help advance
branding implementation efforts:
+ Social media
+ Marketing
+ Digital media/design
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U
TRACKING OUR PROGRESS
(f)Q_
METRICS: TRACKING THE PROGRESS OF
OUR BRANDING INITIATIVE
As the brand rolls out across multiple communication channels, we must
remain proactive in reviewing and analyzing available metrics which can help
point to the brand's successful saturation.
If a budget is available to do so, we recommend conducting online surveys at
3-month, 6-month and 12-month milestones with questions designed to gauge
respondents' impressions of the City of Cape Canaveral. The goal is to
determine whether we are changing perceptions of the City and promoting
awareness of what makes it a special place to live, work, and play.
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Absent a budget for surveys and even more specific market research, Google
Analytics, Google Trends, and Hashtag tracking can prove helpful in gaining
general insights into the volume of online buzz and searches being conducted
about Cape Canaveral to determine whether it is on the rise since the launch of
the new brand.
Analytics must be installed on all pages of the new website for effective
(� tracking: http://www.google.com/intl/en/analytics/standard/
Review historical web search trends about terms such as "Cape Canaveral"via
Google Trends (see example below): https://www.google.com/trends/?hl=en
Hashtag tracking options are available (subscription fees apply):
http://keyhole.co/
http://sproutsocial.com
K - I H E
UV
EA
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2005 2007 2009 2013 2015
PI \ ISMA1
IC
745 N. Magnolia Ave., Suite 301 11 Orlando, Florida 32803
407.895.0029
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