HomeMy WebLinkAboutAgenda Packet 04-19-2016THE
SPACE
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SUN + SEA
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 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 tobe 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
April 19, 2016
6:00 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:
6:15 p.m. 6:20 p.m.
1. Approve Minutes for Regular City Council Meeting of March 22, 2016.
2. Resolution No. 2016-05; adopting a fire protection service charge for fire hydrant fees
pursuant to Section 38-8 of the City Code, effective April 1, 2016; providing for an
automatic 3% increase in such fees effective October 1st of each Fiscal Year unless
otherwise determined by the City Council during adoption of the City's Annual Budget;
providing for incorporation into Appendix B of the City Code;providing for the repeal of
prior inconsistent resolutions, severability, and an effective date.
3. City Council Proclaim Saturday,May 21, 2016 as"Kids to Parks Day"in Cape Canaveral.
PUBLIC HEARING:
6:20 p.m. —6:45 p.m.
4. Ordinance No. 01-2016; Amending Article VI "Code Enforcement", of Chapter 2
"Administration",of the City Code of Ordinances,by amending Section 2-260"application
for satisfaction or release of code enforcement liens" to revise the application procedures
relating to the satisfaction, release, or reduction of code enforcement liens and amending
title of section; providing for the repeal of prior inconsistent ordinances and resolutions;
providing for incorporation into the Code; providing for severability; and providing for an
effective date, first reading.
REPORTS:
City of Cape Canaveral, Florida
City Council Meeting
April 19, 2016
Page 2 of 2
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 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 REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
March 22,2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P _ rd called for a moment
of silence for bombing victims in Brussels, Belgium. Mayor Pro Wash led the pledge of
allegiance.
ROLL CALL:
Council Members Present:
Council Member Bond
Council Member Mi rn
Mayor Bob Moog
Council Member Brendan McMillin
Mayor Pro Tern Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services.Diteetoz John DeLeo
Community agent Director David Dickey
Culture and Leisuhe• ices Director Gustavo Vergara
Econ me DevelopmeritMector Todd Morley
Publk Woks Services Dfr t r Joyce Muse
Public WW4 Services Depidy Director Jeff Ratliff
Brevard Cou Sheriff Major Paul Ring
Cape CanaveraleV 3lunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPA UON:Joe Constantino questioned why bicycles are allowed on the sidewalk
along the east side of Ridgewood Avenue. City Manager Greene responded the City will take a look
into this issue.
George Sweetman expressed concern regarding the major fish kill in the Banana River Lagoon. He
inquired if the City planned to recharge reclaimed water or stormwater into the aquifer and whether
that water is treated or not. City Manager Greene advised Mr. Sweetman schedule time with Public
Works Deputy Director Jeff Ratliff regarding the City's Stormwater Plan;he explained the City is part
of the TMDL(Total Maximum Daily Load) Program, baffle boxes, by this time next year the City
will have completed approximately ninety percent of the fifteen years' worth of TMDL reduction
requirements, and mentioned various City Stormwater projects.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 22, 2016
Page 2 of 4
PRESENTATIONS/INTERVIEWS: Proclamation designating March 2016 as "Irish American
Heritage Month".: Mayor Bob Hoog read the Proclamation and presented it to Ancient Order of
Hibernians,Brevard Division 2 Member,John McClory.
Interview Applicant for appointment to the Community Appearance Board (Sandra Lanham): City
Attorney Garganese asked Ms. Lanham if the information on her application was true and correct to
which she responded in the affirmative.Ms.Lanham explained the reasons she desires to be involved
in the community, shared her background and experience. Council exessed appreciation for her
willingness to serve.
CONSENT AGENDA:
Mayor Hoog inquired if any items are to be removed '•in-the Consent Agenda for discussion;
Council Member McMillin removed item numbers foiand five.
1. Approve Minutes for Regular City Council Megof ary 16, 2016,
2. Resolution No. 2016-02; appointing a Member to community Appearance Board of
the City of Cape Canaveral; providipg for the repeal*y prior inconsistent resolutions;
severability; and an effective date.` andraj anham)
3. Resolution No. 2016-03; providing 'fir two separate divisions of land related to two
adjoining parcels of,— located along Astronaut Boulevard and owned by Robert A.
Baugher, Trust-inrid1C304cos J. LaggeS and Marianthi Lagges, Trustee for purposes of
adjusting prje-;:# boundar s for future development purposes; providing for Unity of
Title agreernentsmto esta»sh new lots of record for development permit purposes;
providing for repeal,api2fristent resolutions, severability, and an effective date.
4. Resolution No_ 2016-04; cially adopting the Fiscal Sustainability Plan Analysis &
Asset Management plan -2 for'the City's Wastewater UtilityLproviding for repeal of
prior inconsistent resolutions;'Severability; and an effective date.
5. Approve DEP Agreenhent No. LP05052 for funding of Canaveral City Park Ex-Filtration
Project and,authorize,the Mayor to execute same.
6. Approve the Final Plat for property located at 8899 Astronaut Boulevard — RaceTrac
Petroleum, Inc.
Mayor Hoog inquired if anyone had anything to speak about on the Consent Agenda. Jeanne
Abright inquired if she could ask a question about the Farmers Market. Mayor Hoog responded it
was out of order; Council agreed to allow it. Ms. Abright asked if the Farmers Market will be
moving back to the front of City Hall; she expressed concern over the drop in visitors as a result
of the location now on Taylor Avenue. City Manager Greene explained why and how the Market
may not be able to move back to the old location,because of the changes that are happening at and
City of Cape Canaveral, Florida
City Council Regular Meeting
March 22, 2016
Page 3 of 4
around City Hall property and Polk Avenue; he mentioned re-purposing the current City Hall
building into an additional Leisure Services facility. City Manager Greene suggested'she speak
with Culture and Leisure Services Director Gustavo Vergara regarding the marketing of the event
and address site issues with the manager of the Farmers Market.
A motion was made by Council Member Bond, seconded by Council Member McMillin, to
approve items 1,2,3 and 6 from the Consent Agenda.The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For and Mayor Pro Tem Walsh, For.
#4 Council Member McMillin inquired about what the City can,do to capitalize on the fats,
oils and grease from restaurants going into the sewer system;he requested City Manager Greene
expand on how the City might address the issue. City Manager Greene's response included: the
City Code must provide enough authority to deal with the issues; regarding Staff allocation, the
City needs to dedicate greater resources up front to ensure businesses are implementing proper
size facilities to filter the fats, oils and grease; the City must implement a more aggressive
inspection program; historically, the City has not done as well as it could or should have, but
overall the City received outstanding scores in this study; there are some areas in need of
improvement and the City will address all of those aggressively; by comparison to a typical city,
Cape Canaveral does not have the fats,oils and grease problems that other communities do because
we do not have a lot of restaurants and eating,establishments nor food processing facilities. A
motion was made by Council Member MMillin, ended by Mayor Pro Tem Walsh, for
approval of Item#4. The motion carried 5-0 with voting as follows: Council Member Bond,
For; Council Member Brown, For; Mayor Ing, For; Council Member McMillin, For and
Mayor Pro Tem Walsh, For.
#5 Council Member McMillin expressed there is more that needs to be done to address
stormwater runoff from City's own perspective and Brevard County wide; agreed that fertilizer is
another issue; and commended the City for taking this issue on. Discussion ensued and included:
the time and money stounwater projects take; how issues are being addressed and how this is a
great project;how the Florida League of Cities is on top of these issues;the baffle boxes and water
reuse; and the tremendous amount of stormwater work the City has done in the last three years. A
motion was made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, for
approval of item #5. The motion carried 5-0 with voting as follows: Council Member Bond,
For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and
Mayor Pro Tem Walsh, For.
REPORTS:
City Manager Greene spoke about continuing preparations for the Strategic Planning Initiative in
April and how there are lots of good ideas worthy of discussion to move the City forward with
Council consent.
City of Cape Canaveral,Florida
City Council Regular Meeting
March 22, 2016
Page 4 of 4
Council Member McMillin mentioned his attendance at the Transportation Planning Organization
meeting a couple of weeks ago where the main point of interest was a proposed All Aboard Florida
train station in the Cocoa area. He stated he was looking forward to the Strategic Planning Retreat.
Council Member Brown thanked the Community Development Director Dickey for the work he
is doing on Center Street. He also thanked Public Works Services Director Muse for taking care
of issues with people walking on the sea dunes. Council Member Brown announced the Space
Coast League of Cities is forming a compact to get federal funds to do something for the Indian
River Lagoon;April is Water Conservation Month and the Space Coast League of Cities presented
a resolution that maybe the City can adopt. City Manager Greeneponded the City received a
request for a Proclamation from St. John's River Water Ma eent District and it will be
prepared for the Mayor's signature in late March,early April so we have the whole month covered.
Council Member Brown also mentioned the plaque presented by the l3vard County Sheriff's
Office in recognition of former Cape Canaveral Mayor Rocky Randels on March 4, 2016.
Council Member Bond thanked City Manager Greene and Staff for coming up with$1.2 million
dollars in Grants for the Exfiltration Project estimated at$1 million.City Manager Greene reported
that,between Culture and Leisure Services Director Gustavo Vergara and Deputy Director Public
Works Services Jeff Ratliff, the City has been successful in obtaining and administering grant
funds. Council Member Bond thanked Pic Works Services Director Joyce Muse for the Asset
Management Plan Report. City Manager Greene mentioned more of these types of reports will be
coming with the next one being a Twenty-year Road Plan.
Mayor Pro Tem Walsh said she was hearing a lot of good things about the North Atlantic Avenue
Project finally starting, but not so good about the many phases and time frame; initially people
were concerned about the road being closed down with only northbound traffic, but once it was
learned that would only happen during construction,that settled the issue. She mentioned how the
City is once again participating in the American Cancer Society Relay for Life and requested City
Clerk Goforth Aare information about the event being held at the Port Canaveral Exploration
Tower Grounds on April 16th starting at 3 p.m., ending April 17th at 7 a.m.
Mayor log spoke of hoe was moved by the Brevard County Sheriffs Office Awards
Ceremony on March 4, 2016; and of his advocacy of the Asset Management Plan for the last
thirteen to fifteen years, it's one of the biggest things Council has tackled in the last five or six
years;he said Staff slid a great job. He asked that everyone think about Brussels tonight.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:48 P.M.
Mia Goforth Bob Hoog, Mayor
City Clerk
Aa` City of Cape Canaveral
. 44, City Council Agenda Form
City Council Meeting Date: 4/19/2016
Item No.
Subject: Resolution No. 2016-05; adopting a fire protection service charge for fire hydrant fees
pursuant to Section 38-8 of the City Code, effective April 1, 2016; providing for an automatic
3% increase in such fees effective October 1'of each Fiscal Year unless otherwise determined
by the City Council during adoption of the City's Annual Budget; providing for incorporation
into Appendix B of the City Code; providing for the repeal of prior inconsistent resolutions,
severability, and an effective date.
Department: Administrative Services
Summary: The City Council established a goal to maintain a fiscally sound financial structure.
To meet that goal, Staff must ensure that revenue streams are consistently maintained for the
General Fund. As a result of the recent completion of an internal review conducted by the City
of Cocoa on fire hydrant inventory and billing for the City of Cape Canaveral (Attachment 2),
the review revealed that the City of Cape Canaveral's hydrants increased from 219 to 252 along
with a corresponding rate increase.
Based on the increase in the number of hydrants and an increase in Cocoa's hydrant fee to$21.51
per hydrant effective October 1, 2015, the additional impact to revenue retroactively for Cape
Canaveral is $8,393.22 (Attachment 2).
The City needs to collect approximately $69,180.48 for FY 15-16 to offset the corresponding
charge from the water provider. Based on the Current Budget of$61,913.00, this would leave
a$7,267.48 shortfall (Attachment 3). Staff is requesting that the rate per account/per month be
increased from $1.75 to $2.00, effective April 1, 2016. The Cocoa bill for the month of April
will be generated in the first week of May. The Fee is based on the monthly, per-hydrant fee
adopted by the water provider and considers the varying number of accounts on a monthly basis
and the rate of non-collection. This increase would result in recovering $4,194.00 of the
$7,267.48 shortfall for FY 15-16. This $2.00 rate would also make the City whole through FY
16-17 by attaining the required$67,011.84 in revenue and keeping pace with the City of Cocoa's
3% yearly increase (Attachment 3).
Additionally, Staff recommends the following increase per account/per month for the ensuing
Fiscal Years:
FY17-18 $2.06
FY18-19 $2.12
FY 19-20 $2.18
FY20-21 $2.25
To ensure consistency and keep pace with the City of Cocoa's annual increase, the rate per
account/per month will continue to increase 3% effective October 1 St of each year, thereafter.
Financial Services will monitor the revenue stream and make necessary decreases/increases to
the rate to ensure charges from the water provider are covered, as well as ensuring the City is
not over charging the account holders. The billing charge of $0.43 will also apply to the
customer.
Submitting Director: John DeLeo Date: 4/11/2016
City Council Meeting Date: 04/19/2016
Item No.
Page 2 of 2
Attachments: 1- Resolution No. 2016-05; 2 - City of Cocoa Letter; 3 - Fire Hydrant Analysis.
Financial Impact: Cost of recording Resolution and Staff time to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/11/2016
The City Manager recommends that City Coun it take the following action:
Adopt Resolution No. 2016-05.
Approved by City Manager: David L. Greene 0— Date: Y/ i f / 6
Attachment 1
RESOLUTION NO. 2016-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
ADOPTING A FIRE PROTECTION SERVICE CHARGE
FOR FIRE HYDRANT FEES PURSUANT TO SECTION
38-8 OF THE CITY CODE, EFFECTIVE APRIL 1, 2016;
PROVIDING FOR AN AUTOMATIC 3% INCREASE IN
SUCH FEES EFFECTIVE OCTOBER 1ST OF EACH
FISCAL YEAR UNLESS OTHERWISE DETERMINED BY
THE CITY COUNCIL DURING ADOPTION OF THE
CITY'S ANNUAL BUDGET; PROVIDING FOR
INCORPORATION INTO APPENDIX B OF THE CITY
CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to that Water Franchise Interlocal Agreement dated May 10, 1994
("Franchise Agreement"),the City of Cocoa("Cocoa")has an exclusive franchise to operate a water
distribution system within Cape Canaveral and to provide water through its system to Cape
Canaveral and the water consumers located therein; and
WHEREAS, as part of its water franchise, Cocoa is responsible for the installation and
maintenance of fire hydrants located in Cape Canaveral and charges Cape Canaveral for such
installation and maintenance; and
WHEREAS, section 166.201, Florida Statutes, authorizes municipalities to impose user
charges or fees authorized by ordinance which are necessary for the conduct of municipal
government; and
WHEREAS, the City Council recently adopted Ordinance No. 17-2012 authorizing
Cocoa's fire protection service charges related to fire hydrant installation and maintenance to be
billed directly to Cape Canaveral water consumers on each consumer's monthly bill; and
WHEREAS, the City Council desires to establish the monthly fire protection service charge
to be billed to Cape Canaveral water consumers as set forth herein; and
City of Cape Canaveral
Resolution No.2016-05
Page 1 of 3
WHEREAS, such charge is based on Cocoa's current monthly per hydrant fee, the number
of fire hydrants currently located in Cape Canaveral, and the number of Cape Canaveral water
consumers; and
WHEREAS, in order to keep pace with the City of Cocoa's anticipated future annual fee
increases, the City Council desires to automatically increase the fire protection service charge by
three percent(3%) annually, effective October 1s`of each fiscal year, unless otherwise determined
by the City Council during the City's annual budget adoption; and
WHEREAS, the City Council of the City of Cape Canaveral deems 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, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Adoption of Fire Protection Service Charge. Pursuant to section 38-8 of the
Cape Canaveral City Code,the Cape Canaveral City Council hereby adopts a fire protection service
charge for fire hydrants located within Cape Canaveral, effective April 1, 2016, in the amount of
$2.00 per month, per water consumer, which charge shall be billed directly to Cape Canaveral
water consumers as part of each consumer's monthly utility bill. The amount of the fire protection
service charge for fire hydrants located within Cape Canaveral adopted hereunder shall
automatically increase by three percent (3%) annually on October 1St of each fiscal year, unless
otherwise determined by the City Council during the adoption of the City's annual budget.
Section 3. Incorporation into "Appendix B" to the Code of Ordinances. The fee set
forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of
Ordinances and any section or paragraph number or letter and any heading may change or be
modified as necessary to effectuate the foregoing.
Section 4. 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 5. 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.
City of Cape Canaveral
Resolution No.2016-05
Page 2 of 3
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a
regular meeting assembled on this 19th day of April, 2016.
ATTEST: Bob Hoog, Mayor
Mia Goforth
City Clerk
Name For Against
John Bond
Mike Brown
Bob floog
Brendan McMillin
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.2016-05
Page 3 of 3
Attachment 2
Finance Department
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� 'A 'y 65 Stone Street I Cocoa, FL 32922
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' �' Phone: (321) 433-8600 I Fax: (321) 433-8608
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March, 23, 2016
Mr.John DeLeo
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Mr. DeLeo,
Recently an internal review was conducted on our hydrant inventory and billing and I'm writing to
share the outcome with you.
The City of Cocoa has moved to GIS technology to record the location of hydrants. in recent years,two
separate field audits have been performed to determine the latitude and longitude of each hydrant
and in turn we have recorded data points on a hydrant layer in the GIS. I have enclosed a graphical
depiction from our GIS system for your convenience.
At the close of each fiscal year revised hydrant counts,either through annexations or new installations,
which occurred during the fiscal year are provided to my office for a billing update to your account
19935-18778 from our team in Engineering. Additionally, as you may know, the Cocoa City Council
adopted a new hydrant fee of$21.51 per hydrant effective October 1, 2015. In October 2015, while
this review was still being conducted, no changes were made to the hydrant quantity pending the
outcome of the review. With the completion of this review, we have updated the Cape Canaveral
account to reflect this data on hydrants available through our GIS.
The review has revealed the City of Cape Canaveral has 252 hydrants which is an increase of 33
hydrants over the 219 currently billed.After much consideration the decision has been made to follow
the City of Cocoa Utilities Handbook,adopted by the Cocoa City Council,to guide us in this situation as
this is the protocol used for all our utility customers. The Utilities Handbook Exhibit B, Customer
Service Division Policy Manual, Section 15 Adjustments, page 12, states, "Adjustments for incorrect
billing and credit adjustments may be made up to, but not exceeding, a period of 12 months".To that
end, I have prepared some financial analysis for you to review supportive of a 12 month billing
adjustment from April 2015 through March 2016, the expected monthly bill effective April 2016
through September 2016, and lastly a projection for FY 2017 for budgetary purposes at an assumed
3%rate increase.
6
Stay Connected: www.CocoaFL.org 0a®
12 Month Hydrant Budget Adjustment April 2015 through March 2016
Billing
Billed New Unbilled Adjustment
Hydrant Hydrant ' Hydrant Hydrant ,: Amount per
Quantity Fee Monthly Bill.,.` Quantity Quantity . Month
;Apt 15.' 219 $20.88 $4,572.72 252 33 $689.04
5<
219 $20.88 $4,572.72 252 33 $689.04
Jun 5 219 $20.88 $4,572.72 252 33 $689.04
ul15 219 $20.88 $4,572.72 252 33 $689.04
Au 15 219 $20.88 $4,572.72 252 33 $689.04
Sep 15:: 219 $20.88 $4,572.72 252 33 $689.04
pct kyr;' 219 $21.51 $4,710.69 252 33 $709.83
219 $21.51 $4,710.69 252 33 $709.83
D0c .5 219 $21.51 $4,710.69 252 33 $709.83
Jin �6i',
219 $21.51 $4,710.69 252 33 $709.83
Leh 16< 219 $21.51 $4,710.69 252 33 $709.83
B 16 219 $21.51 $4,710 69 252 33 $709.83
Total AdJustment :;,.$8,39 22,
Hydrant Fees effective April 1, 2016 for remainder of FY 2016
Hydrant Mydramt
Quantity F,ee Monthly Bill
lupi .6 252 $21.51 $5,420.52
iviay 1 :' 252 $21.51 $5,420.52
Jult1 6 252 $21.51 $5,420.52
252 $21..51 $5,420.52
252 $21.51 $5,420.52
hep 36 252 $21.51 $5,420.52
. .. .Tvt�l Rerri�ining�Y 20�� $32,1;23
Stay Connected: www.CocoaFL.org 00,
Projected Hydrant Fees effective October 1, 2016 for FY 2017
(Assumes 3% rate increase and zero hydrant quantity increase)
Hydrant Hydrant
Quantity Fee Monthly Bill
Oct-16 252 $22.16 $5,584.32
Nov-16 252 $22.16 $5,584.32 •
Dec 16 ; 252 $22.16 $5,584.32
Jan-17 252 $22.16 $5,584.32
Feb 17 252 $22.16 $5,584.32
Mar 17 : 252 $22.16 $5,584.32
Apr 17,;':; 252 $22.16 $5,584.32
May 17': 252 $22.16 $5,584.32
Jun 17 252 $22.16 $5,584.32
Jul 17i: 252 $22.16 $5,584.32
Aug-17::j 252 $22.16 $5,584.32
Sep 17'. 252 $22.16 $5,584.32
•Total Projected FY 2017 $67,41184,
I would like to take some time to discuss this very important matter with you as I recognize the
significance of how this unforeseen event impacts your budget. Please call me at my number
referenced below, or we can meet in person if that is preferable for you. I look forward to speaking
with you.
Respectfully,
Teri Butler, CGFO
Finance Director
City of Cocoa
tbutler@cocoafl.org 1321-433-8626
cc: John Titkanich, City Manager
Lora Howell, Deputy Finance Director
Jessica Dovale, Utility Customer Service Manager
Stay Connected: www.CocoaFL.org 00
Hydrant Location
by Tax Base
Map Book
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Legend Total Hydrant count
by Tax Base Area Overview
• Hydrants Parcels(2054) Tex Base
^County RoadsWater service Area N
Interstates Brevard County: 4205 Tax Base: Cape Canaveral "64-r• •
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:or state Roads 3�
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=lis Roads Cocoa Beach: 409
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it
CITY OF COCOA UTILITIES HANDBOOK
EXHIBIT B
CUSTOMER SERVICE DIVISION POLICY MANUAL
The customer must submit a High Consumption Water Credit Application to the
Customer Service Division. The Application is available by calling 321/433-8400 or on
line (www.cocoafl.org City Services F Utilities Customer Service I High Consumption
Credit Application). Documentation that the problem causing excessive consumption
has been corrected must accompany the request. High consumption of an unknown
cause may qualify for the high consumption credit under certain circumstances to be
determined by City management.
Upon receiving the Application, the City will calculate the credit on the customer's most
recent six month average. The adjusted billing will be based on all of the consumption
over the average to bill at the FIRST tier rate. If the customer can provide
documentation that the leak was not detected immediately and the high consumption
ran into the second month's bill, they may receive another adjustment for this same
incident, but will not receive an adjustment into the third month. The City will adjust for
excessive consumption for one incident on no more than two consecutive bills.
Application for the high consumption credit does not affect the due date of the bill.
Therefore, to avoid late fees and loss of service, payment or application for payment
extension must be made by the date indicated on the bill.
14. PAYMENT EXTENSION
In the event that a customer has difficulty paying a monthly water bill, a payment
extension may be granted. The customer must visit the Customer Service Division and
provide current identification before water service has been discontinued and request a
payment extension from management. A payment extension may be granted for up to a
four-month period depending on the amount due and the individual circumstances. If a
payment extension is granted, the customer must sign the payment extension form with
the terms and duration of the agreement. The customer must also agree to pay the
current bill with the extended amount. Failure to fulfill the terms of the agreement will
result in discontinuance of service until payment is received in full. A customer is allowed
only one payment extension per twelve-month period. However, due to unforeseen and
unusual circumstances, management may grant more than one payment plan or
extension per year.
15. ADJUSTMENTS
pb
The City is not responsible for the customer's plumbing system beyond the point of
service (the meter and backflow prevention assembly). If a customer has excessive
water loss on his/her side of the meter that was not processed through Cocoa's sewer f'
system and repair or correction has been made within a month, the City may adjust the
Cocoa sewer bill to reflect the average sewer bill. The customer must submit proof of the
repair. If the high consumption falls between two billing cycles, the City will adjust both
sewer bills down to the average of those two months.
In the case of a misapplied payment, the customer must furnish the City with a copy of
the front and back of the canceled check, credit card statement or a cash receipt. A
payment extension will be granted if time is needed to produce the document. An
adjustment will be made upon verification.
REVISED October 2013
Page 6 of 11
CITY OF COCOA UTILITIES HANDBOOK
EXHIBIT B
CUSTOMER SERVICE DIVISION POLICY MANUAL
For a customer of Cocoa's waste water system, the City will allow one pool fill sewer
adjustment per twelve-month period. The customer must submit in writing the request
for the pool fill sewer adjustment within 30 days of the date of the bill for which an
adjustment is requested. The City will adjust a sewer bill to reflect the customer's
average sewer consumption.
Adjustments for incorrect billing and credit adjustments may be made up to, but not
exceeding, a period of 12 months.
16. ESTIMATED BILL
If a meter reader is unable to read a meter because of a bad dog, scratched case, car
over meter, weather conditions, or personnel shortages, the City will estimate the water
consumption for the month. If we are able to obtain a reading, the next months_current
reading will reflect any adjustments. In the case where cars or other obstacles prevent
reading for two months in a row, the customer will be sent a letter to remove the
obstacle before the process of towing or removing of the meter begins. These processes
are at a cost to the customer. The City does not reimburse customers for reading their
own meter.
If a reading does not fall within a reasonable range of a customer's average, the City
may choose to average the current month's bill and send a field service representative
out for a re-read. If the re-read is a true reading, the City will make a reasonable effort
to inform the customer of the situation and the true reading will be reflected on the next
bill.
17. STUCK METER
If the City suspects that a meter may be malfunctioning or stuck, a letter is sent to the
customer to inquire about the change in water usage. If a customer indicates that the
property is occupied, the City will send a maintenance crew to check out the meter and
replace it, if necessary.
When a meter is stuck or malfunctioning, the City will back bill the customer with the
average monthly consumption for the months that the meter did not register correctly.
The back billing may go back 12 months. Although the City makes every reasonable
attempt to detect a stuck meter as soon as possible, it is difficult for the City to
determine if the zero consumption is due to vacancy or meter malfunction. Therefore,
the City depends on the customer to inform the Customer Service Division if he/she is
billed zero consumption on an active account.
18. RETURNED CHECKS 1 BANK DRAFTS l E CHECKS f CREDIT CARDS
ELECTRONIC CHECKS
REVISED October 2013
Page 7 of 11
Attachment 3
City of Cape Canaveral
Fire Hydrant Analysis
As
FY2015 As Billed(219) S/B Billed(252) Difference Owed Comments
April $ 4,572.72 $ 5,261.76 $ 689.04
May $ 4,572.72 $ 5,261.76 $ 689.04 FY 2015 Rate- $20.88 per hydrant
June $ 4,572.72 $ 5,261.76 $ 689.04 Billed for 219 hydrants as opposed to
July $ 4,572.72 $ 5,261.76 $ 689.04 252 per City of Cocoa.
August $ 4,572.72 $ 5,261.76 $ 689.04
September $ 4,572.72 $ 5,261.76 $ 689.04
$ 27,436.32 $ 31,570.56 $ 4,134.24
As
FY2016 As Billed(219) S/B Billed(252) Difference Owed Comments
October $ 4,710.69 $ 5,420.52 $ 709.83
November $ 4,710.69 $ 5,420.52 $ 709.83 FY 2016 Rate- $21.51 per hydrant
December $ 4,710.69 $ 5,420.52 $ 709.83 Billed for 219 hydrants as opposed to
January $ 4,710.69 $ 5,420.52 $ 709.83 252 per City of Cocoa.
February $ 4,710.69 $ 5,420.52 $ 709.83
March $ 4,710.69 $ 5,420.52 $ 70o.VJ 83
I V/
$ 28,264.14 $ 32,523.12 $ 4,258.98
As
As Billed(252) S/B Billed(252) Difference Owed Comments
April $ 5,420.52 $ 5,420.52 $ -
May $ 5,420.52 $ 5,420.52 $ - FY 2016 Rate-$21.51 per hydrant
June $ 5,420.52 $ 5,420.52 $ - Corrected billing for 252 hydrants
July $ 5,420.52 $ 5,420.52 $ - going forward per City of Cocoa.
August $ 5,420.52 $ 5,420.52 $ -
September $ 5,420.52 $ 5,420.52 $ -
$ 32,523.12 $ 32,523.12 $ -
$ 69,180.48
Budgetary Impact
Current Budget Budget Needed Adjustment Comments
$ 61,913.00 $ 69,180.48 $ 7,267.48 Additional funds needed to cover
increased#of fire hydrants FY16 budget.
($.25*2,796*6) $ 4,194.00 If rate is increased to $2 effective April 1st 2016
Looking Forward to FY 2017
Expenditure Budget $ 67,012 252 hydrants @$22.16/hydrant
12 months.001-005-522-441000
Revenue Budget $ 67,012 Average monthly billed accounts over
last 6 months=2,796.
To generate$5,584.33 monthly,fee needs to
be$2.00. ($5,584.33/2,796).
001-000-362-362000
City of Cape Canaveral
,e4-7)j,'� �, City Council Agenda Form
vigor_ City Council Meeting Date: 4/19/2016
Item No. 3
Subject: City Council Proclaim Saturday, May 21, 2016 as "Kids to Parks Day" in Cape
Canaveral.
Department: Legislative and Culture & Leisure Services
Summary: The National Park Trust (NPT) is dedicated to preserving parks today and creating
park stewards for tomorrow.NPT is the Nation's only organization dedicated to the completion,
and the full appreciation, of the American system of local, state and national parks through the
identification of key land acquisition and preservation needs. The future of our Nation's
treasured parks, public lands and other open spaces rests in the hands of our youth. Through
NPT's widely respected and rapidly growing kids to parks initiatives and Buddy Bison (NPT
mascot)youth education program,everyone will be provided with the American Park experience
they deserve.
May 21, 2016 is the sixth annual Kids to Parks Day organized and launched by the National
Park Trust. Kids to Parks Day empowers kids and encourages families to get outdoors and visit
America's parks; it is important to introduce a new generation to our Nation's parks because of
the decline in Park attendance over the last decades; we should encourage children to lead a
more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension
and hypercholesterolemia; and, Kids to Parks Day is open to all children and adults across the
country to encourage a large and diverse group of participants. Kids to Parks Day will broaden
children's appreciation for nature and the outdoors.
The City of Cape Canaveral is partnering with Cape View Elementary School on Saturday, May
21, 2016 to have a kickball tournament and will cap the evening with a Movie in the Park at
Canaveral City Park.
Residents of the City of Cape Canaveral are urged to make time May 21, 2016 to take the
children in their lives to a neighborhood, state or national park. For more information,please go
to www.kidstoparks.org.
Submitting Council Member and i4/
Department Director: Mayor Hoog and Gustavo Vergara' Date: T 4 /6
Attachment: Proclamation
Financial Impact: Staff time to prepare item and cost of event.
Reviewed by Administrative/Financial d App L
Services Director: John DeLeo Date: [[ I
The City Manager recommends that City Council take he following action:
City Council Proclaim May 21, 2016 as "Kids to Parks y" in Cape Canaveral.
Approved by City Manager: David L. Greene t1 7)-* Date: 1-11/// /6
i
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CAT OF
CAFE CANAVERAL
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WHEREAS, May 21st, 2016 is the sixth annual Kids to Parks Day
organized and launched by the National Park Trust; and
WHEREAS, Kids to Parks Day empowers kids and encourages
families to get outdoors and visit America's parks; and
WHEREAS, it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last decades;
and
WHEREAS, we should encourage children to lead a more active
lifestyle to combat the issues of childhood obesity, diabetes mellitus,
hypertension and hypercholesterolemia; and
WHEREAS,Kids to Parks Day is open to all children and adults across
the country to encourage a large and diverse group of participants; and
WHEREAS, Kids to Parks Day will broaden children's appreciation
for nature and the outdoors; and
NOW THEREFORE, the City Council of the City of Cape Canaveral,
Brevard County,Florida,hereby proclaims May 21", 2016 as
Kids to Parks Day in Cape Canaveral
I urge residents of the City of Cape Canaveral to make time May 21',2016 to
take the children in their lives to a neighborhood, state or national park.
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City of Cape Canaveral
. City Council Agenda Form
City Council Meeting Date: 4/19/2016
Item No. `7I
Subject: Ordinance No. 01-2016; amending Article VI "Code Enforcement", of Chapter 2
"Administration", of the City Code of Ordinances, by amending Section 2-260 "application for
satisfaction or release of code enforcement liens" to revise the application procedures relating
to the satisfaction,release,or reduction of code enforcement liens and amending title of section;
providing for the repeal of prior inconsistent ordinances and resolutions; providing for
incorporation into the Code;providing for severability; and providing for an effective date, first
reading.
Department: Community Development
Summary: Due to the real estate gyrations over the past decade, ownership of many properties
within the City reverted to the mortgage holders. These investor/bank owned properties posed a
particular challenge to code enforcement efforts due to the sheer number as well as many of the
owners were large corporations located out of state.
Chapter 162, Florida Statutes, establishes the ability for a city to create a process by which it
can enforce its code of ordinances. One of the key tools available to the City is the ability to
levy fines against properties that do not voluntarily come into compliance with a code
enforcement violation. These fines— if not addressed - can result in a significant lien against a
piece of property. It is the City's practice to record its code enforcement liens in the public
record.
The City's Code Enforcement Process is contained in Article VI of the City Code. Part of this
process is a discretionary procedure for the reduction/release of fines once compliance is
achieved. The City has utilized this process on several occasions to assist a new homeowner
with the cost of renovating a bank-owned property.
Sec. 2-260 of the Code establishes the procedure for requesting a fine reduction/release.
Currently, a request is considered by the Code Enforcement Board (CEB) who then forwards a
recommendation to the City Council. When making its recommendation, the CEB currently
considers the following factors:
1. The gravity of the violation,
2. The time in which it took the violator to come into compliance,
3. The accrued amount of the code enforcement fine or lien,
4. Any previous or subsequent code violations,
5. Any financial hardship, and
6. Any other mitigating circumstance which may warrant the reduction or satisfaction
of the penalty or fine.
From time to time,it is necessary to update a process in order to make it more efficient or reflect
new policy initiatives approved by the Council. The proposed amendment revises the process
by which an applicant requests a reduction/release of City code enforcement fines. The proposal
still involves the CEB; however, the CEB recommendation would go to the City Manager for
final action. The applicant may appeal the City Managers decision to the City Council by filing
a written appeal within ten (10) days of the decision. Upon submittal of an appeal, the City
City Council Meeting Date: 04/19/2016
Item No. f
Page 2 of 3
Manager will place the appeal upon the agenda of the next City Council meeting for its
consideration. Any decision by the City Council shall be deemed final and not subject to any
further administrative review by the City. An applicant will be prohibited from applying for a
subsequent reduction or release for a period of one year from the date of the City Council's
decision.
There are a number of compelling reasons for revising the current process, to include:
• Return properties to a more productive, positive condition in a timelier manner;
potentially shortening the process by 30 plus days.
• Removing the perception that "politics" has any bearing on who is granted a release or
how much of a reduction is granted.
• Keeping the Council focused on policy matters versus the day to day administrative
functions of the City.
The ordinance,as revised,includes the following factors to be applied by the City in determining
the amount of any reduction or release:
• The amount of any administrative and out-of-pocket costs incurred by the city which are
directly associated with the underlying code enforcement case and lien including, but not
limited to, code enforcement staff and attorney time, postage, advertising and recording
costs, and other city expenses related to any measure taken by the code board or city to abate
a nuisance caused by the violation;
• The gravity and number of the violation(s);
• The amount of the requested reduction;
• The time in which it took to bring the property into compliance;
• Whether the Applicant was responsible for the violation which caused the lien;
• Whether the Applicant is or will be a bona fide purchaser of the subject property and is filing
or has filed for a homestead exemption evidencing a desire to reside within the city on a non-
transient basis, or whether the property is or will be acquired for investment or other
purposes;
• Whether the Applicant acquired the subject property with knowledge of the subject lien or
should have knowledge of the lien through reasonable due diligence;
• The accrued amount of the code enforcement fine or lien as compared to the current market
value of the property;
• With respect to a speculator, non-homestead purchaser of the subject property, the accrued
amount of the code enforcement fine or lien as compared to the investment/profit that will
be gained as a result of the purchase or sale of the property and the reduction or satisfaction;
• Any previous or subsequent violations pertaining to the property unless an order finding a
violation is under appeal at the time of determination;
• Any previous or subsequent violations of the Applicant pertaining to the other properties
owned within city, unless an order finding a violation is under appeal at the time of
determination;
• Any relevant information contained in any title policy required to be submitted to the city
under this section;
• Any financial hardship;
• Any other mitigating circumstance which may warrant the reduction or satisfaction of the
penalty or fine; and
City Council Meeting Date: 04/19/2016
Item No. `/
Page 3 of 3
• Any other administrative review criteria relevant to whether it is equitable to reduce or
release a lien which are adopted by the city manager, in writing, and are intended to be
applied to all applications on a uniform basis.
Submitting Director: David Dickey `\ Date: Q., Pc( \\G
Attachment: Ordinance No. 01-2016
Financial Impact: Cost of recording Resolution and Staff time to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1) 1\`G
The City Manager recommends that City Cou '1 take the following action:
Approve Ordinance No. 01-2016, first reading.
Approved by City Manager: David L. Greene .D VAJ Date: (..-//( //‘
ORDINANCE NO. 01-2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
AMENDING ARTICLE VI "CODE ENFORCEMENT", OF
CHAPTER 2 "ADMINISTRATION", OF THE CITY CODE OF
ORDINANCES, BY AMENDING SECTION 2-260 "APPLICATION
FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT
LIENS" TO REVISE THE APPLICATION PROCEDURES
RELATING TO THE SATISFACTION, RELEASE, OR
REDUCTION OF CODE ENFORCEMENT LIENS AND
AMENDING TITLE OF SECTION; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR 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, Chapter 162, Florida Statutes, provides that a municipality may create
administrative boards with the authority to impose administrative fines and other noncriminal
penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any
code and ordinance in force in such municipality; and
WHEREAS, the City Council has enacted Article VI, Chapter 2, of the Code of
Ordinances and has created a Code Enforcement Board with the powers and procedures as
provided by law; and
WHEREAS, in accordance with Section 162.09(3), Florida Statutes, the City Council
desires to amend Section 2-260 of the City Code which sets forth the application procedures
regarding the satisfaction, release or reduction of code enforcement liens which have been
recorded in the public records of Brevard County, Florida; 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:
City of Cape Canaveral
Ordinance No.01-2016
Page 1 of 8
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 of Section 2-260 of City Code. That Section 2-260
"Application for satisfaction or release of code enforcement liens" contained in Article VI "Code
Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the City of Cape
Canaveral, Florida, is hereby amended to read as follows (proposed additions to existing City Code
text are indicated by underline and proposed deletions from existing City Code text are shown by
stfikethFeugh):
Section 2-260—Application for satisfactionof release, or reductions of code enforcement
liens.
Laj 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 of the violator, such violator, or the violator's
successors and assigns who has an ownership interest in the property, (collectively, the
"Applicant") may apply for a satisfaction,er release, or reduction of such lien as follows:
(1) Lien satisfaction. Upon full payment by the Applicant of the fine or penalty
imposed in accordance with this division, the city manager is hereby authorized to
execute and record in the public records of Brevard County, Florida, a satisfaction
of lien on behalf of the City. The Applicant shall be responsible for paying all
costs of recording. Lien satisfaction requests do not require a full application
required by subsection (b) of this section because the Applicant is paying the full
amount of the fine or penalty due the City.
(2) Lien release or reduction. Upon request for a release or reduction of a fine or
penalty imposed in accordance with this division, the Applicant shall submit a
written application to the city manager or designee, in accordance with this
section.
(a) Upon full payment by the violator of the fine or penalty in accordance with this chapter,
the city manager shall execute and record a satisfaction of lien.
(b) Application. The application for satisfaction Of release or reduction of lien shall be in
written form, typed or handwritten, by the violator, Applicant and shall be submitted to
the city manager building official or the designee of the building official_ the The
application shall be executed under oath and sworn to in the presence of a notary public,
and shall include, but may not be limited to,the following:
City of Cape Canaveral
Ordinance No.01-2016
Page 2 of 8
(1) A copy of the order imposing a lien upon the property including the The code
enforcement case number;
(2) The date upon which the Applicant violator brought the subject property into
compliance with the City Code;
(3) The factual basis upon which the Applicant v-iolator believes the application for
satisfaction or release or reduction of lien should be granted;
(4) The terms upon which the satisfaction or release or reduction of lien should be
granted;
(5) The reasons, if any, compliance was not obtained prior to the order of penalty or
fine being recorded;
(6) The reduction in penalty or fine sought by the Applicant violator; and
(7) A statement verifying whether the Applicant was issued any title policy or
policies for the subject property encumbered by the lien after the date the lien was
recorded in the public records of Brevard County, Florida. If such a policy or
policies were issued to the Applicant, a copy of any such title policy shall be
submitted with the application; • - -- •• - . •. - - . . . --
(8) This application shall be executed under oath and sworn to in the presence of a
netaub.lie,Any other information which the Applicant deems pertinent to the
request including, but not limited to, the circumstances that exist which would
warrant the reduction or satisfaction of the penalty or fine.
(c) Reimbursement to city for recording costs at time of application. The Applicant violator
shall submit,at the time of application,an application fee established by the city to defray
some or all of the city's costs of processing the application including, but not limited to,
personnel, legal, and -. - • . -- ' •- -- . .. • - . • .. - -- '
for its costs associated with recording the order imposing a penalty or fine and the
requested satisfaction or release or reduction of lien. These costs are nonrefundable,
without regard for the final disposition of the application for satisfaction,_or release of
I-ien.
(d) Application Review. Upon receipt of the application for satisfaction or release of lien and
payment provided above, the Building Official or designee of the building official shall
the code enforcement division dent shall confirm that the
violation, which resulted in the order imposing penalty or fine, has been corrected
satisfied. If the violation has been corrected satisfied and there are is no current code
violation]upon the property in question, the code enforcement division building official
or designee of the building official shall place the application and a staff recommendation
upon the agenda of the next meeting of the code enforcement board for the City of Cape
Canaveral for a hearing.
(e) At the hearing before the code enforcement board, the board shall review and consider
the application for satisfaction reduction or release of lien, provide the violator with an
opportunity to address the board regarding the application for satisfaetien reduction or
City of Cape Canaveral
Ordinance No.01-2016
Page 3 of 8
release of lien, and to take the testimony of other interested parties, including but not
limited to city staff.
Upon review of the application and any testimony presented, the code enforcement board
shall by motion or writing direct a recommendation to the city manager council for
approval, approval with conditions, or denial of the application for satinreduction
or release of lien.
The code enforcement board, in determining its recommendation, Whenever a
recommendation or decision is made under this section, shall consider the following
factors shall be applied by the City in determining the amount of any reduction or release:
(1) The gravity of the violation;
(2) The time in which it took the violator to come into compliance;
(3) The accrued amount of the code enforcement fine or lien;
(1) Any previous or subsequent code violations;
(5) Any financial hardship; and
(6) Any other mitigating circumstance which may warrant the reduction or
(1) The amount of any administrative and out-of-pocket costs incurred by the
city which are directly associated with the underlying code enforcement case and
lien including, but not limited to, code enforcement staff and attorney time,
postage, advertising and recording costs, and other city expenses related to any
measure taken by the code board or city to abate a nuisance caused by the
violation;
(2) The gravity and number of the violation(s);
(3) The amount of the requested reduction;
(4) The time in which it took to bring the property into compliance;
(5) Whether the Applicant was responsible for the violation which caused the
lien.
(6) Whether the Applicant is or will be a bona fide purchaser of the subject
property and is filing or has filed for a homestead exemption evidencing a desire
to reside within the City on a non-transient basis, or whether the property is or
will be acquired for investment or other purposes;
(7) Whether the Applicant acquired the subject property with knowledge of
the subject lien or should have knowledge of the lien through reasonable due
diligence;
City of Cape Canaveral
Ordinance No.01-2016
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(8) The accrued amount of the code enforcement fine or lien as compared to
the current market value of the property;
(9) With respect to a speculator, non-homestead purchaser of the subject
property, the accrued amount of the code enforcement fine or lien as compared to
the investment/profit that will be gained as a result of the purchase or sale of the
property and the reduction or satisfaction;
(10) Any previous or subsequent violations pertaining to the property unless an
order finding a violation is under appeal at the time of determination;
(11) Any previous or subsequent violations of the Applicant pertaining to the
other properties owned within city, unless an order finding a violation is under
appeal at the time of determination;
(12) Any relevant information contained in any title policy required to be
submitted to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which may warrant the reduction or
satisfaction of the penalty or fine; and
(15) Any other administrative review criteria relevant to whether it is equitable
to reduce or release a lien which are adopted by the city manager, in writing, and
are intended to be applied to all applications on a uniform basis.
(f) Upon receipt and review of the code enforcement board recommendation, the city
manager may approve, approve with conditions, or deny the application for release or
reduction of lien. The city manager's decision shall be in writing. To the maximum
extent feasible, the city manager shall collect, at a minimum, all administrative and out-
of-pocket costs incurred by the city as specified in subsection (e)(1). If the city manager
approves the application to reduce or release the lien and the approval is conditioned
upon the Applicant paying a reduced penalty, fine, or any other condition,the satisfaction
or release of lien shall not be prepared or recorded in the public records of Brevard
County,Florida until the condition(s) imposed by the city manager have been satisfied.
fg) Compliance and Right of Appeal. The Applicant shall have thirty (30) days in which to
comply with the conditions imposed by the city manager or submit a written appeal as
provided herein. Failure of the Applicant to comply or timely appeal will result in the
automatic denial of the application.
fp If the application is denied, or if the application is automatically denied
due to the failure of the Applicant to comply with the conditions imposed by the
city manager or timely appeal, the Applicant shall thereafter be barred from
City of Cape Canaveral
Ordinance No.01-2016
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applying for a subsequent reduction or release of lien for a period of one year
from the date of denial. During the one-year period,the lien may only be satisfied
and released upon full payment of the fine or penalty imposed in accordance with
this division.
fal The Applicant may appeal the city manager's decision to the city council,
by filing a written appeal within ten (10) days of the date of the decision with the
city clerk. The notice of appeal shall state the decision that is being appealed, the
grounds for appeal, and a brief summary of the relief being sought. A
nonrefundable filing fee of $100 shall accompany the notice of appeal. Upon
submittal of a timely appeal, the city manager shall place the appeal of the
determination upon the agenda of the next regularly scheduled city council
meeting to the extent practicable. The city council shall render a final decision on
the application based upon the sworn application, code enforcement board
recommendation and determination of the city manager and any other relevant
information or testimony provided to the city council at the meeting by the
Applicant, city manager or any other interested party. Any decision made by the
city council pursuant to this section shall be deemed final and not subject to any
further administrative review by the city. The Applicant shall have thirty (30)
days in which to comply with any decision of or condition imposed by the city
council or the application shall be deemed automatically denied and thereafter,the
Applicant shall be barred from applying for a subsequent reduction or release of
lien for a period of one year from the date of the city council's decision. During
the one-year period,the lien may only be satisfied and released upon full payment
of the fine or penalty imposed in accordance with this division.
a) When a lien is satisfied as a result of reduced payment or released as ordered
by the city council,the city manager is hereby authorized to execute and record in
the public records of Brevard County, Florida, a satisfaction of lien on behalf of
the city.
(h) Partial Release of Liens; Liens Recorded in Error. Under appropriate circumstances
determined by the city manager or city council to be in the best interests of the city, the
city manager or city council may approve an application conditioned upon a partial
release of lien that releases a city lien from a specific piece of property. However, the
lien will remain in effect and will encumber any other properties which are subject to the
lien pursuant to law. Partial releases of lien may also be authorized by the city manager
or city council to account for any funds paid to the city to reduce the amount owed on the
lien. In addition, nothing herein shall prohibit the city manager from releasing a lien, in
whole or part, that was recorded in error by the city. An application shall not be
required to release a lien recorded in error.
.
City of Cape Canaveral
Ordinance No.01-2016
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release of lien. If the city council approves the application to satisfy or release the lien
city council. Failure of the violator to comply will result in the automatic denial of the
- . . .
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.
City of Cape Canaveral
Ordinance No.01-2016
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
of , 2016.
Bob Hoog,Mayor
ATTEST: For Against
John Bond
Mia Goforth, Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
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.01-2016
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