HomeMy WebLinkAboutPacket 06-15-2004CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
y of Cape Canaveral
tEGULAR MEETING
ILL ANNEX
ape Canaveral, Florida
_SDAY
15, 2004
)0 PM
AGENDA
PRESENTATIONS: School District Representative Bea Fowler, School Board Update.
Waste Pro of Florida, Inc.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of June 1, 2004
CONSIDERATIONS:
2. Motion to Approve: Letter of Intent for the Property Located at 7077 N.
Atlantic Avenue.
3. Motion to Approve: Acceptance of Beach Lawsuit Settlement.
ORDINANCES: Second Public Hearing:
4. Motion to Adopt: Ordinance No. 03-2004, Amending Chapter 94, Signs,
at second reading.
5. Motion to Adopt: Ordinance No. 11-2004, Providing Technical
Amendments to Chapter 78, Utilities, at second reading.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral, Florida
City Council Regular Meeting
June 15, 2004
Page 2 of 2
ORDINANCES: First Public Hearing:
& Motion to Approve: Ordinance No. 12-2004; Amending Chapter 80,
Vehicles for Hire, at first reading.
DISCUSSION:
7. Proposed Annexation Report.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not take any action
under the "Audience To Be Heard" section of the agenda. The Council may schedule such items
as regular agenda items and act upon them in the future.
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. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the
meeting.
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Presentation
Item
Exhibits Attached:
No.
City M�r'-"Office ,�—=
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: SCHOOL BOARD REPRESENTATIVE BEA FOWLER
DEPT./DIVISION: LEGISLATIVE
Requested Action:
School board representative Bea Fowler will present a school board update.
Summary Explanation & Background:
Presentation only.
Exhibits Attached:
N/A
City M�r'-"Office ,�—=
Department LEGISLATIVE
cap t m\myd t±tn n\council\meeting\2004\06-15-04\school.doc
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Presentation
Item
Presentation only.
No.
Waste Pro's letter dated 06-07-04
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION BY WASTE PRO OF FLORIDA, INC.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Representatives of Waste Pro of Florida, Inc. will present an overview of their company and ability to provide solid
waste service to our community.
Summary Explanation & Background:
Presentation only.
Exhibits Attached:
Waste Pro's letter dated 06-07-04
City Manager's 8ffice '
Department LEGISLATIVE
i
o wasrE aRn
WASM MI
'TIE wAt1E FRIFEtiIINAIt"
June 7, 2004
Bennett C. Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Letter of Interest to Provide a Proposal or Bid for Solid Waste and Recycling
Collection Services
Dear Mr. Boucher:
Waste Pro would like to have the opportunity to provide a proposal or bid for the
provision of solid waste and recycling collection services for the City of Cape Canaveral.
To the best of my knowledge the City of Cape Canaveral has not had this service open
for proposals or bids for well over twenty (20) years. Why not take a look at what the
market has to offer?
Waste Pro presents a unique situation in that I personally managed your waste and
recycling contract and worked with you about ten (10) years ago. I joined the team at
Waste Pro because I wanted to be associated with an experienced service -driven
organization.
The service record of Waste Pro and its management team is superior. I would invite you
to check with any of the many references we have provided. I have also enclosed a
sampling of the many reference letters we have on file. One section of our reference
letters refers specifically to the successful transitioning from existing contractors to
Waste Pro.
We have been operating in Brevard County now for over three (3) years. We are
providing open market commercial and roll off service and contractual residential
services to Patrick AFB, Cape Canaveral Air Force Station and the Kennedy Space
Center as well as services within the Canaveral Port Authority area. Waste Pro has
highly experienced personnel, the best equipment available and the financial and bonding
capability ready to go to provide your services. 2101 W State Road 434
_ Suite 301
Longwood, FL 32779
Telephone: 407-869-8800
Facsimile: 407-786-0800
www.wasteprousa.com
As you will see from our references and Executive Summary we are currently contracting
with cities and counties throughout Florida. Waste Pro has the experience, equipment and
sub -contractors available for hurricane cleanup if required. After Hurricane Erin, when I
managed your contract, the City of Cape Canaveral was the first beachside city to be
completely cleaned up. We have backup equipment available as needed. Waste Pro has
eleven (1 i) operating locations in Florida providing solid waste and recycling collection
services via sixteen (16) municipal contracts to over 115,000 residents.
The City of Cape Canaveral is important to us. You would not be just one of the many
cities being serviced in Brevard County by your current provider. Cape Canaveral would
be Waste Pro's main focus within Brevard County.
All we ask for is an opportunity to compete. Competition is a good thing for all those
concerned. It is the American way. The City of Cape Canaveral's solid waste and
recycling contract is one of the largest contracts the city has.
Thank you for your consideration.
Sincerely,
1
Robert J. Hyres
Vice President — Municipal Contracting
Cc: Mayor Rocky Randels
Mayor Pro Tem Robert Hoog
Councilman Steve Miller
Councilman Jim Morgan
Councilman Richard Treverton
City Attorney Anthony Garganese
WASTE PRO OF FLORIDA, INC.
EXECUTIVE SUMMARY
WASTE PRO OF FLORIDA, INC. (Waste Pro) is a wholly owned subsidiary of Waste
Pro USA, Inc., headquartered in Longwood, Florida — the Southeastern United States'
most experienced team of waste professionals. Many years ago, we became known as a
people company because our employees and our customers worked hand-in-hand to
create a WIN-WIN situation. We realized that our customers signed our checks and we
would strive to satisfy our customer needs and wishes.
When John Jennings started his first waste collection company in 1973 he didn't think
about how big his company could become — he knew only that his customers paid for a
service and he wanted to provide the best service he could. He wanted to distinguish
himself from the other companies. And he did! His business began to grow and expand.
He started in Orange County, Florida in the residential business and soon expanded into
the commercial business. In 1976, he expanded into Seminole County and opened a site
in St. Cloud in Osceola County in 1981. By 1983, he ventured into Volusia and then
Flagler Counties and brought Charles Ewing on board to assist in the area of operations.
In 1986, Fred Wood joined the team to head up the now demanding area of equipment
maintenance and procurement. By 1992, the Jennings companies had expanded
operations to include municipal consulting and sales. To more adequately describe the
total services being offered by the group, John incorporated JENNINGS
ENVIRONMENTAL SERVICES, INC. in March of 1992 and used this vehicle for
expansions and acquisitions. It was at this juncture that John brought David Danford on
board to head up marketing and sales.
John Jennings met John Drury then a Regional Vice President for BFI in 1979. John
Drury later became President of BFI and subsequently Chairman and CEO of USA Waste
Services, Inc. (USA). As both companies grew, a professional friendship developed
between the two men leading to the transaction in 1996 in which JENNINGS
ENVIRONMENTAL SERVICES, INC. became the first tier subsidiary of USA and John
Jennings headed up corporate activities for Florida and the Caribbean.
At this time a new addition, Bob Hyres, was made to our senior management team. Bob
has been involved in the solid waste business in Florida since 1972. He is very well
known and respected in the Industry. He is the Chairman for the Florida Chapter of the
National Solid Wastes Management Association. He is also the Chairman of the
Advisory Board for the Florida Center for Solid and Hazardous Wastes Study, a
University of Florida research center. Bob has had personal management oversight for
over 160 City and County contracts in Florida. JENNINGS and USA grew rapidly and,
in fact, acquired Waste Management, Inc. in July of 1998. Because Waste Management
dwarfed USA in size the board of directors elected to change the USA name to Waste
Management.
JOHN JENNINGS became the Regional Vice President for the combined operation and
the senior team of CHARLES EWING, DAVE DANFORD, BOB HYRES and FRED
WOOD headed up their respective areas in the combined organization. The Jennings
Team are people who prefer day-to-day contact with both our employees and our
customers. Our philosophy is drastically different than the corporate bureaucratic make
up of the big national companies. Our adherence and dedication to customer service
differed than the dictates of an out of state policy. Our preference to deal with local
vendors was deemed unacceptable. Our personal touch with our employees and their
families was thought to be old fashioned.
Our entire team decided that we needed to sever our relationship with Waste
Management and begin to offer our type of customer service relationships to all our
customers. We left en mass in January 2000 and agreed to stay out of waste collection in
North and Central Florida for one year. We decided to provide consulting; demolition,
land clearing, and site work in Florida and began waste collection in Georgia and South
Carolina.
Today we are proud to offer services in fifteen (15) locations in Florida, Georgia and
South Carolina encompassing thirty (30) Florida counties, twenty-three (23) Georgia
counties and three (3) counties in South Carolina. Waste Pro holds eighteen (18)
exclusive City and County franchises, twenty-three (23) non-exclusive City and County
franchises and three (3) major military and federal government contracts. Waste Pro is
currently contracted to provide solid waste and recycling services to over 120,000
residents and over 3,000 businesses.
The trucks that are used by Waste Pro are constructed to be safe, productive and provide
a comfortable work base for our employees. The trucks are equipped with closed circuit
television and audio for safety purposes. The hydraulic lines are reinforced with an
exterior armor to prevent leakage and hydraulic spills.
We are a well -funded private Florida company with the resources and commitment to
provide Cities and Counties with the finest service available. We look forward to
assisting in the WIN-WIN relationship that can begin TODAY!
OPERATING LOCATIONS
Athens, GA Atlanta, GA Chiefland, FL Cocoa, FL Gainesville, FL
Ft. Pierce, FL Hilton Head, SC Interlachen, FL Jacksonville, FL
Live Oak, FL Orlando, FL Osteen, FL Putnam County, FL
Sumter County, FL St. Augustine, FL
EXCLUSIVE MUNICIPAL CONTRACTS
Branford, FL Bronson, FL Brooker, FL
Chiefland, FL Cedar Key, FL Cross City, FL
Interlachen, FL La Crosse, FL Lake Helen, FL
Longwood, FL Palatka, FL Putnam County, FL
Perry, FL Windermere, FL Yankeetown, FL
Jefferson City, GA Arcade, GA Hardeeville, SC
NON-EXCLUSIVE MUNICIPAL FRANCHISES
Counties of Alachua, Clay, Duval, Flagler, Hamilton, Indian
River, Nassau, Orange, Osceola, Seminole, St. Johns, St. Lucie
and Volusia
Cities of Alachua, Apopka, Daytona Beach, Gainesville, Inglis
Longwood, Palm Coast, Ponce Inlet and Orlando
EXCLUSIVE MILITARY & FEDERAL GOVERNMENT CONTRACTS
Patrick Air Force Base, FL Kennedy Space Center, FL and
Cape Canaveral Air Force Station, FL
WASTE COLLECTION & RECYCLING VEHICLES
We are currently operating over one hundred and fifty (150) vehicles and heavy landfill
equipment and always have more on order for new business. Our trucks are specifically
built according to our strict specifications to allow for safety, driver comfort and
productivity.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 1, 2004
7:00 PM
MINUTES
CALL TO ORDER:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Steve Miller
Mayor Rocky Randels
Council Member Richard Treverton
Council Members Absent:
Council Member Jim Morgan
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Building Official
Todd Morley
Recreation Director
Nancy Hanson
PRESENTATION:
Senator Mike Haridopolos, Legislative Issues Update.
Senator Haridopolos of District 26 presented Legislative Session highlights. The Senator
reported a strong economy and a budget increase without any additional taxes. He
reported on the apparent success of the 10 -20 -Life crime prevention program. Senator
Haridopolos noted that the Florida Kid Care is fully funded and had eliminated its waiting
list. The Senator used visuals to depict how much is spent on the State budget. He replied
to Mayor Randels that although the Medicaid budget increased by 9.2 percent, the
Legislature hoped to introduce a State waiver to gain more flexibility in allocated spending.
Mayor Randels inquired about the equalization process for school funding. The Senator
replied that the Legislature was successful in equalizing school funding across the State
through the District Cost Differential formula that allocates funding equally among large,
medium and small counties. He stated that Florida's budget has increased from $50 to $58
billion and a greater amount of funding is expended for schools. Senator Haridopolos
City of Cape Canaveral, Florida
City Council Regular Meeting
June 1, 2004
Page 2 of 6
explained some of the benefits of the Bright Futures Scholarship Program and how it
assists the best and brightest graduating students.
Mr. Frank Kuhns inquired about lottery proceeds funding whose intent was to benefit all
students; however, he felt that the Bright Futures Scholarships benefit selected students.
He emphasized that all of the money is not being allocated to all of the students. Senator
Haridopolos encouraged Mr. Kuhns to review the State's budget and how it is allocated to
education. Mayor Randels replied to Mr. Kuhns that the Legislature is equalizing fund
allocation to assist middle and smaller counties and not only metropolitan areas; however,
taxes are required to build schools. In reply to Mayor Randels' question about the
Legislative horizon, the Senator expressed caution with the additional $25,000 homestead
tax. He said that this might remove an accountability standard. Mayor Randels inquired
about any proposed action on reducing the number of amendments to the constitution.
The Senator stated that perhaps a higher threshold, perhaps 60 percent of voters in order
to pass an amendment. He replied to Mayor Randels that he is not in favor of an increased
income or sales tax. Senator Haridopolos thanked the Council for their time.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of May 18, 2004.
2. Proclamation for Code Enforcement Officer's Appreciation Week.
3. Proclamation for Management Week.
4. Proclamation for National Small Cities and Towns Day.
5. Resolution No. 2004-22; Reappointing One Regular Member to the Business
and Cultural Development Board (B. Edwards).
6. School Resource Officer Agreement with the City of Cocoa Beach.
Mayor Randels asked if any Council Member, staff or interested party desired to remove
any item from the Consent Agenda for discussion.
No request was made to remove any items for discussion.
A motion was made by and seconded by to Approve Consent Agenda Items No. 1
through 6. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 1, 2004
Page 3 of 6
CONSIDERATIONS:
7. Motion to Approve: Removal of Creosote Poles from Manatee Sanctuary
Park and Regrade Parking Lot in the Amount of $6,325.00.
Mayor Randels explained that the creosote poles were used to delineate the parking lot.
Ms. Hanson replied to Mr. Treverton's question on regrading that the lot would only be
regraded in the area where poles were removed. She explained that the existing poles
were a donation and were now in a state of disrepair. Ms. Hanson replied to Mr. Treverton
that the City did not bid this project; however it could be performed by L.A. Construction,
Inc. the current contractor. Mr. Boucher replied to Mr. Miller that the only other option was
in-house cut-up and removal. After some discussion on removal options, Council agreed
on a job order to the current contractor for cresote pole removal and parking lot regarding.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller for the
Removal of Creosote Poles from the Manatee Sanctuary Park and to Regrade the
Parking Lot in the Amount of $6,325.00 to L.A. Construction, Co. The vote on the
motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For;
Mayor Randels, For and Mr. Treverton, For.
ORDINANCES: First Public Hearing:
8. Motion to Approve: Ordinance No. 03-2004; Amending Chapter 94, Signs, of
the City Code, at first reading.
Mayor Randels read Ordinance No. 03-2004 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING
DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS;
AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING
APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY AND EFFECTIVE DATE.
Mayor Randels read the proposed amendments that include: allowing temporary signage
for a period of once a year per event or activity; on residential property, no one temporary
sign shall exceed 6 -square feet and the total number of temporary signs on any one
residential property shall not exceed three and on construction sites in addition each
subcontractor shall be allowed one non -illuminated construction sign not to exceed in area
of nine square feet and 4 -feet in height. One subsequent sentence was amended to read,
signs allowed shall be permitted for one year or until the Building Permits for the area
under development have expired or been revoked. Mayor Randels explained that
proposed amendments would allow for sign code regulation in a generally applied manner
City of Cape Canaveral, Florida
City Council Regular Meeting
June 1, 2004
Page 4of6
without discrimination to any particular type of sign. Mr. Treverton asked if the cost for a
sign is $25.00 per sign. Mr. Boucher recommended that Staff present a fee schedule.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to
Approve Ordinance No. 03-2004 at first reading. The vote on the motion carried 4-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels,
For and Mr. Treverton, For.
9. Motion to Approve: Ordinance No. 11-2004; Providing Technical
Amendments to Chapter 78, Utilities, at first reading.
Mayor Randels read Ordinance No. 11-2004 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING
TECHNICAL AMENDMENTS TO CHAPTER 78 OF THE CODE OF ORDINANCES,
UTILITIES; 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.
Mayor Randels stated that this item was initiated due to the Code Review Meeting on
May 4t'. He explained that this ordinance would provide for disposal of any off-site sewage
should the need arise. Mayor Randels pointed out that other revisions were made to the
Code Section to include: updating the Reclaimed Water application as needed,
establishing a provision for City employees to enter private property and providing for
reasonable attorney's fees and costs in the event of litigation. Mayor Pro Tem Hoog asked
if there were any fees for sewage dumping. Mr. Boucher stated that fees are outlined in
the Appendix B of the City Code.
There was no public comment.
A motion was made by Mr. Miller and seconded by Mr. Treverton to Approve
Ordinance No. 11-2004 at first reading. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For
and Mr. Treverton, For.
RESOLUTIONS:
10. Motion to Adopt: Resolution No. 2004-18; Adopting a Citation Form in
Accordance with Section 82-402.
Mayor Randels read Resolution No. 2004-18 by title.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 1, 2004
Page 5 of 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH SECTION 82-377
OF THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Pro Tem Hoog asked if the citations would be numbered when printed. Attorney
Garganese affirmed. Mayor Pro Tem Hoog asked about the procedure if a fine is not paid.
Attorney Garganese replied that the violator has the right to appeal to the Code
Enforcement Board within ten days of receiving a violation.
A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve
Resolution No. 2004-18. The vote on the motion carried 4-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton,
For.
REPORTS:
1. City Manager
• Mr. Boucher reported that the City's property tax increased by $147 million.
• Mr. Boucher related that Commissioner Sasso is soliciting donations for the Cocoa Beach
fireworks display.
• Mr. Boucher reported that he received a letter regarding the proceeds from the Beach
Lawsuit against the Federal Government. The City's anticipated amount is $54,212.
• Mr. Boucher stated that he supported the Building Official's decision on the Vested
Rights issue.
2. Staff
The City Clerk stated for the record that the Vested Rights Hearing was properly
advertised in light of the applicant's comment on the City's omission of due notice.
AUDIENCE TO BE HEARD:
• Ms. Elizabeth Mars displayed a photo of an overflowing dumpster across the street from
her home on Madison Avenue. She explained that the trucks do not have proper access for
pick-up. Mr. Boucher stated that he has forwarded the issue to Code Enforcement. Another
resident expressed concern that the dumpster is a safety hazard to children on bicycles.
• Ms. Andrea Schaffner asked if any fireworks citations were issued for the activity that
occurred on Saturday and Monday nights of the past holiday weekend. The City Manager
would follow up with Law Enforcement.
• Ms. Andrea Schaffner expressed her disfavor with the Council's decision on the
Vested Rights issue. She asked if this would set a legal precedent. Mayor Randels replied
that the procedures have changed since 1984 to prevent any other occurrence.
• Mr. Leo Nicholas stated that the Planning and Zoning Board rejected the application
when it was reviewed the first time. Mr. Nicholas commented on the abandoned nature
of the project. The City Attorney advised the Board that he could not defend the City's
position if the application was rejected. Mr. Nicholas stated that the second review was
based on defense of the City's position.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 1, 2004
Page 6 of 6
• Mr. Dave Danford of WastePro of Florida introduced his company. He stated that his
company is relatively new with 182 trucks in 15 locations in Florida as well as Georgia. His
company has 17 Municipal, 2 County and 3 Military contracts. He requested to be placed
on the next City Council meeting agenda. Council concurred.
• Ms. Shannon Roberts requested that the firm consider a new manner of handling the
existing dumpster problems.
• Mr. George Geletko of Waste Management stated his company acquired the existing solid
waste contract with the City by reason of a merger and the existing contract has a renewal
provision. He stated that the company exists to provide excellent service at a competitive
rate.
• Mr. Nicholas inquired about progress on the Annexation issue. Mr. Boucher stated that he
would acquire a copy of the City of Cocoa Beach's survey results and he also anticipates
receiving the infrastructure study results. Mr. Nicholas commented on Canaveral residents
voting on the annexation.
• Mr. Larry Weber, Executive Director, of Keep Brevard Beautiful commented on Waste
Management's good will services in that the company provides trucks that assist during
the citywide clean-up efforts free of charge. He asked the Council to be mindful of such
services when reconsidering their contract.
There being no further business, the Chair adjourned the meeting at 11:35 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Considerations
Item
2
No.
property.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: LETTER OF INTENT FOR THE PROPERTY LOCATED AT 7077
N. ATLANTIC AVENUE
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council authorize the mayor to execute the Letter of Intent to sell real estate to the City for the facility located
at 7077 N. Atlantic Avenue.
Summary Explanation & Background:
On 05-03-04, the City Council and staff conducted a site visit to tour the facility located at 7077 N. Atlantic
Avenue. I am seeking feedback from City Council on whether or not we should pursue the purchase of this
property.
This is a 44,000 s.f facility and could accommodate the centralization of City services such as police, fire inspection,
building department and city hall staff. Preliminary financing information is attached.
Please advise.
Exhibits Attached:
Letter of Intent; RBC's financing letter
City Mana �—
Department LEGISLATIVE
!-7r�r��Tice
;
cape -n ydocum nts\a uncil\meeting 2-004\06-15-04\letterofintent
doc
Memo
To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
From: BENNETT C. BOUCHER, CITY MANAGER ')
Date: 5/18/2004
Re: NEW POLICE DEPARTMENT
In response to the (13) letters sent on April 29, 2004 regarding the City's interest in
purchasing up to three (3) acres of property, my office received only one (1) Letter of Intent.
A copy of Mr. Randall O'Brien's letter and documents relating to his property located at 7077
N. Atlantic Avenue are attached for your review.
Attachment
LETTER OF INTENT TO SELL REAL ESTATE
TO THE CITY OF CITY CANAVERAL, FLORIDA
[Date]
Mayor Rocky Randels
and Members of the City Council
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Dear Mayor Randels and Members of the City Council:
The purpose of this letter is to set forth some of the basic terms and conditions of the proposed sale by
the undersigned (the "Seller") of certain real estate owned by Seller to the City of Cape Canaveral (the "Buyer").
The terms set forth in this "Letter of Intent" will not become binding relative to the sale until a more detailed
"Sale and Purchase Agreement" is negotiated and signed by the parties, as contemplated below by the section of
this Letter of Intent entitled "Non -Binding."
Description of Real Estate. The property proposed to be sold is located at:
(hereafter "Real Estate"). The said Real Estate is subj ect to public highways, covenants, restrictions and
zoning, if any. Other known restrictions, if any:
Included in the Real Estate are all permanent fixtures and all property that integrally belong to or are part
of the Real Estate, whether attached or detached, such as buildings, structures, light fixtures, shades,
rods, blinds, awnings, windows, built-in items, outside television antennae, fencing, gates and
landscaping, if any.
2. Price. The proposed purchase price is $ a4 .A d C, .0 c` c3 A deposit of S 25— 0 �' o
will be deposited with the Buyer's closing upon acceptance of a binding Safe and Purchase
Agreement. Buyer will pay the balance of the purchase price to Seller at closing.
3. .Possession. Possession of the Real Estate will be given to Buyer on the effective date of closing.
Settlement will be made at the closing, immediately prior to possession.
4. Inspection. After the final acceptance of a binding Sale and Purchase Agreement, Btryer may have the
Real Estate inspected by a person of Buyer's choice to determine ifthere are any environmental concerns,
structural, mechanical, plumbing or electrical deficiencies, structural pest damage or infestation, any
unsafe conditions or other damage, including the presence of radon gas, any lead-based paint hazards,
hazardous materials, and inspections for other conditions that are customary to the locality and/or that
are required by law.
Conditions. Buyer's obligations under the Sale and Purchase Agreement will be subject to receipt by
Buyer of financing, in an amount and with terms reasonably satisfactory to Buyer, to finance Buyer's
purchase of the Real Estate and a satisfactory inspection as provided by Paragraph 4 hereunder.
Standard Provisions. The Sale and Purchase Agreement will include the standard provisions that are
customary to the locality and/or that are required by law.
Stand Still. Seller shall not initiate or carry on negotiations for the sale of the Real Estate with any party
other than Buyer unless either (1) Buyer and Seller fail to enter into a binding Sale and Purchase
Agreement within ninety (90) days of Buyer's acceptance of this Letter of Intent; or (2) Buyer and Seller
agree in writing to abandon this Letter of latent.
Non -Binding. This Letter of Intent does not, and is not intended to, contractually bind the parties to the
sale of Real Estate, and is only an expression of the basic conditions to be incorporated into a binding
Sale and Purchase Agreement. However, this Letter of Intent does require the parties to negotiate in
good faith to proceed to the completion of a binding Sale mid Purchase Agreement. The parties shallnot
be contractually bound unless and until they enter into a formal, written Sale and Purchase Agreement,
which must be in form and content satisfactory to each parry and to each party's legal counsel, in their
sole discretion. Neither party may rely on this Letter of Intent as creating any legal obligation of any
kind. Notwithstanding the provisions of this paragraph to the contrary, Seller and Buyer agree that
Paragraph 7 above, entitled "Stand Still," shall be binding upon the parties, regardless of whether a
binding Sale and Purchase Agreement is entered into by the parties.
Very truly yours,
Address:
The above Letter of Intent reflects our mutual understanding and sets forth the basis for proceeding to
negotiate a Sale and Purchase Agreement as outlined above.
BUYER:
CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation
By:
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RBC
Centura
June 7, 2004
Ms. Andrea Bowers
City Treasurer
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Dear Ms. Bowers:
RBC Centura Bank
Public Sector Group
100 South Ashley Drive, Suite 1770
Tampa, Florida 33602
(813) 224-0482
RBC Centura Bank is pleased to provide the City of Cape Canaveral with financing options for the Police
Complex. It is our understanding that the City would like to borrow approximately $2.5 million for the
construction of a Police Complex and is seeking financing in the form of a fixed rate 15- year term loan.
RBC Centura is committed to finding financing solutions for our clients and we believe that we can
provide the City with the best terms and a competitive rate for the Police Complex. RBC Centura is
willing to commit to a full 15 -year financing for the City but needs some additional information to
provide a complete financing plan. We can develop a complete financing plan once the City can confirm
a date for closing the loan and the final total amount of the loan.
Our proposal below represents a snap shot of the market conditions as of June 7, 2004 (rates quoted
would be good if the City were to close the loan on June 7, 2004). We assumed that the City would
borrow $2.5 million and repay the loan over 15 years. The rates are subject to change between now and
the time the City is prepared to enter into the financing.
The terms and conditions of our proposal are as follows:
Borrowing Entity: City of Cape Canaveral, Florida (the "City")
Secured Party: RBC Centura Bank or its nominee (the `Bank")
Purpose: Finance the construction or acquisition of a Police Complex
Type of Financing: Term loan with principal and interest payments evidenced by a note (the "Loan")
Anticipated Funding: To Be Determined by the City
Amount: Not to exceed $2,500,000.00 (subject to change at the request of the City)
Page 1
❑(A) Fixed Rate 15 -Year Term Loan
• Interest Rate: 4.13% (Bank Qualified fixed rate for 15 years)
• Number of Payments: 30 semiannual payments
• Payment Amount: Estimated principal and interest payments of $113,242 (in arrears)
Prepayment Penalty: Prepayment of the Loan will be subject to a yield maintenance fee equal to the
present value of the daily lost cash flow to RBC Centura based upon the difference between the interest
rate under the Loan and the rate on a new loan of similar amount with the same remaining maturity to a
similar Borrower. The discount rate for calculating the present value will be the current rate offered by
RBC Centura for a new loan of the similar amount with the same remaining maturity to a similar
borrower, as determined by RBC Centura in its reasonable discretion, which discretion shall be
conclusive absent a showing of bad faith or manifest error. Any prepayment of the Loan will be subject
to a minimum fee of one-half percent (.5%).
❑(B) Fixed Rate 15 -Year Term Loan with a balloon payment after 10 Years
• Interest Rate: 3.89% (15 year amortization with a balloon payment due after 10 years)
• Number of Payments: 20 semiannual payments (after 10 years the City will have the
option of paying off or refinancing the outstanding principal)
• Payment Amount: Estimated principal and interest payments of $111,318 (in arrears)
Prepayment Penalty: Prepayment of the Loan will be subject to a yield maintenance fee equal to the
present value of the daily lost cash flow to RBC Centura based upon the difference between the interest
rate under the Loan and the rate on a new loan of similar amount with the same remaining maturity to a
similar Borrower. The discount rate for calculating the present value will be the current rate offered by
RBC Centura for a new loan of the similar amount with the same remaining maturity to a similar
borrower, as determined by RBC Centura in its reasonable discretion, which discretion shall be
conclusive absent a showing of bad faith or manifest error. Any prepayment of the Loan will be subject
to a minimum fee of one-half percent (.5%).
❑(C) Synthetic Fixed Rate
The City may wish to explore a synthetic fixed rate loan. Under this scenario the City would
enter into a variable rate loan and then swap the variable rate exposure to a fixed rate. This type
transaction would require some additional documentation and some manageable additional risk, but
could reduce the fixed interest rate the City would pay on the loan. If the City is interested in learning
more about this product we can provide you with additional information.
Security Interest: The Loan will be secured by the City's Covenant to Budget and Appropriate
from available non -ad valorem revenues.
Page 2
Tax Status: The Loan will be a U.S. Federal Income Tax exempt borrowing as defined by the
Federal Tax Codes.
Bank Qualification: The Borrowing Entity will represent that this agreement is designated as a
"qualified tax-exempt obligation" under the $10,000,000 small issue exemption as described
within Section 265 of the Internal Revenue Code of 1986, as amended.
Change In Deductibility: If at any time there is a Change in Deductibility (hereinafter defined), the
interest rate payable hereunder shall increase to the rate which will provide to the Bank the
effective yield which it would have received had there not been a Change in Deductibility. A
"Change in Deductibility" means any determination by the Internal Revenue service or any court
of competent jurisdiction that the obligation of the City hereunder is not a "qualified tax-exempt
obligation" within the meaning of Section 265(b) (3) of the Internal Revenue Code as a result or
as a consequence of (i) an action, or failure to act, by the City or (ii) a breach of any
representation or warranty made by the City to the Bank relating to the status of this Contract as a
qualified tax-exempt obligation.
Covenants of the City:
A. Payments: The City will make timely payment of all principal and interest on the Loan on or
before the Maturity Date by wire transfer to the Bank.
B. Financial Statements: Not later than 180 days following the end of each Fiscal Year, beginning
with the 2004 Fiscal Year, the City will provide the Bank a copy of the Comprehensive Annual
Financial Report of the City for such Fiscal Year.
C. Annual Budget and Other Information: The City will prepare the annual budget in accordance
with Florida law, and will provide to the Bank (i) a copy of its final annual budget within 30 days
of adoption thereof by the Council and (ii) such other public information as the Bank may
reasonably request.
D. Tax Compliance: The City will take all actions necessary to maintain its tax-exempt status.
Representations And Warranties. The City represents and warrants to the Bank that:
A. Organization. The City is a municipal corporation, duly organized and existing under the laws of
the State of Florida.
B. Representations and Warranties; No Default. The representations and warranties made by the
City herein shall be true and correct in all material respects on and as of the Disbursement Date,
as if made on and as of such date; no Default shall have occurred and be continuing as of the
Disbursement Date or will result from the consummation of the Loan; and the Bank shall have
received a certificate from the City to the foregoing effect.
Conditions Precedent. The obligation of the Bank to make the Loan is subject to the satisfaction of each
of the following conditions precedent on or before the Disbursement Date:
A. Opinion of City Attorney. The Bank shall have received a written opinion of the City Attorney as
to (1) the corporate existence of the City; (2) the due adoption of the Resolution; (3) the due
Page 3
authorization, execution, validity, and enforceability of the Financing Agreement and the Loan
and the related financing documents; and (4) the absence of litigation against the City relating to
its existence or powers, or the proceedings for the authorization and issuance of the Loan, in form
and substance satisfactory to the Bank.
Events of Default Defined. The following shall be "Events of Default" under this Financing Agreement,
and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates
otherwise), any one or more of the following events:
A. Failure by the City to make any payment of principal of or interest on the Note within ten (10)
days of the applicable Payment Date.
Condition(s): In order for the Bank to provide financing to the City, the following condition(s) must be
met at or prior to closing:
All financing documentation will be subject to final satisfactory review and approval by the Bank
and Bank's Counsel. Drafts of the proposed documents will be provided to the borrowing entity
once award of the bid has taken place.
Thank you for you consideration of our financing proposal. We look forward to working with the City to
find the most cost effective financing for the Police Complex. If you have any questions, please do not
hesitate to contact me at (813) 224-0482.
RBC Centura Bank
9homasA. Greene
Thomas A. Greene
Florida Manager
Public Sector Group
Page 4
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Considerations
Item
3
No.
Gray/Robinson correspondence dated 05-18-04
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: ACCEPTANCE OF BEACH LAWSUIT SETTLEMENT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council authorize the mayor to execute the acceptance of the Applegate v. United States beach lawsuit in the
amount of $54,212 as proposed by the law firm of Gray/Robinson.
Summary Explanation & Background:
See attached documentation.
Exhibits Attached:
Gray/Robinson correspondence dated 05-18-04
City M ffiee �= `
Department LEGISLATIVE
�
- ' Z-
C im\myd cum6 s\ council\meeting\2004\06-15-04\beach.doc
GRAYIROBINSON
ATTORNEYS AT LAW
J. Mason Williams, III
City of Cape Canaveral
c/o Kohn Bennett, Esq.
Amari, Theriac & Eisenmenger, P.A.
96 Willard Street
Cocoa, FL 32922
Re: Applegate v. United States
Our file no. 21255.1
Dear Mr. Bennett:
SUITE 138
1800 WFST Hmiscus BLVD. (32901)
POST OFFICE BOX 1870
MELBOURNF, FL 32902-1870
CLERMONT
TH 321-727-8100
KEY WEST
FAx 321-984-4122
LAKELAND
gray, - robinson.com
MELBOURNE
ORLANDO
TALLAHASSEE
TAMPA
May 18, 2004
M WILLIAMS(,i�,GRAY-ROBINSON.
COM
Have you taken a look at the beach lately? Isn't it a beautiful sight? From the outset of the
above -referenced lawsuit, restoring the beaches of Brevard County was our primary objective. It took ten
years of effort, but with your help we finally accomplished that goal. We are so proud that we were able
to make the dream of a restored beach in Brevard County come true after forty years of broken promises
by the Corps of Engineers. You should also be very proud to have been a part of that accomplishment.
We are also quite pleased to report that all appeals have ended and the settlement you previously
approved in this case is now final after twelve years of litigating with the Federal government. The last of
the settlement proceeds were received recently and the settlement monies are in our trust account awaiting
distribution upon your acceptance of your allocation and the acceptance of all other Plaintiffs of their
allocations.
A summary of your proposed distribution is attached hereto as Addendum 1. Provided you and
all other Plaintiffs accept their proposed distributions, you will receive your final check within thirty (30)
to sixty (60) days. A description of the methods by which you are to accept your distribution is attached
as Addendum 2.
We are pleased with the considerable benefits our efforts obtained for you, the environment and
our community, a full description of which is attached as Addendum 3. As a result of the renourishment
project, property values have increased dramatically and the $42 million dollar Beach Restoration Project
is complete. One expert has placed the value to the community at large at $1.17 billion. Your team
worked on this case for over a decade without compensation. Our efforts have been substantial, time
consuming, and at times arduous and daunting, but we persevered and prevailed. The difficulties we
overcame were remarkable, some of which are detailed in Addendum 4.
Likewise, we have worked very hard with our experts to come up with a fair and reasonable
distribution allocation, as explained in Addendum 5. For your information, we have also provided you in
Addendum 6 with a reconciliation of costs and fees, as well as a flat fee to cover our required future
services with respect to possible extension of the South Reach project, continuation of sand bypassing and
appropriation and distribution of the settlement fund as described herein.
GRAY ROBINSON
PROFESSIONAL ASSOCIATION
Page 2
Any objection to the proposed allocation must be made in writing within twenty days of the date
hereof in strict accordance with the procedure described in Addendum 7. Addendum 7 also describes a
procedure to resolve any disputes. This procedure must be invoked in writing within thirty days of the
date of this letter. However, before taking such action, we ask that you meet with us so we can answer
your questions and demonstrate to you that the allocation is fair and reasonable and that adjustments are
unlikely to be made if it is necessary to have a court resolve the matter.
For your information, an example of the fee engagement signed by you (and all Plaintiffs) is
attached hereto as Addendum 8. As you can see, our fee engagement with you entitles our firm to one-
third (1/3) of the value of the benefits obtained (40% if an appeal is involved) or the court award of fees,
whichever is greater. In addition, your proportionate fair share of the costs is to be paid out of your
recovery. Since an appeal (in fact three appeals) was involved in this case, our firm is entitled to 40% of
the value of the benefits obtained for Plaintiffs in this case, which were substantial. This would entitle us
to a fee of $6 to $12 million based upon the value of the monetary recovery and sand replenishment.
However, such a fee would leave nothing to distribute to our clients, which is an undesirable outcome to
us. Therefore, provided the proposed Allocation Plan described in this letter is accepted by all Plaintiffs,
we have decided to waive our claim for any additional fee based upon the full benefits achieved.
Your vital role in making the Project a reality needs to be properly acknowledged. For forty
years prior to our suit, all efforts to renourish Brevard County's beaches met with failure, whereas
together we have succeeded in achieving what was theretofore impossible. So in addition to accepting
your payment, we hope you will accept credit for being willing to stand up and be counted as a Plaintiff in
this case. You have provided a great service to your community and should be proud. You truly deserve
all the benefits you have received and the lasting gratitude of our community.
We consider this case to be the crown jewel of our law practices. Congratulations to you all.
Sincerely,
i
Gordon H. "Stumpy" Harris J. Mason Williams, III
Harris, Harris, Bauerle & Sharma
250 S. Orange Ave.
Suite 100P
Orlando, FL 32801
Enclosures
Jack A. Kirschenbaum
GRAY ROBINSON
PROFESSIONAL ASSOCIATION
Page 3
ADDENDUM 1
CALCULATION OF YOUR
DISTRIBUTION
Base Allocation $15,000.00
Damage Allocation $1,541.00
Sand Loss Allocation $37,671.00
Total Allocation $54,212.00
Because of the confidential nature of your allocation and the allocation of our other clients, we do
not believe we can or that it would be appropriate to distribute the entire distribution allocation. We will
make it available for your inspection at our Melbourne office if you wish. The format will be by parcel
number from north to south without names and addresses.
ADDENDUM
ACCEPTANCE PROCEDURE
Any one of the following constitutes acceptance of the Allocation Plan described
in this letter, including the payment of fees and costs as described herein:
a. Mailing in the enclosed stamped, addressed postcard indicating your
acceptance of the Allocation Plan;
b. Faxing your acceptance to our Melbourne office at 321-984-4122;
C. E -mailing your acceptance to mwilliams(cb.qray-robinson.com: or
d. Failing to provide GrayRobinson with written notice via certified mail
within thirty (30) days of the date hereof that you do not approve of the
proposed Allocation Plan.
ADDENDUM 3
BENEFITS ACHIEVED BY GRAY ROBINSON
$42,000,000 SHORE PROTECTION PROJECT: From November 1, 2000 to
April 30, 2001, 9.4 miles of coastline south of Port Canaveral to Patrick Air Force
Base were re -nourished with 2,800,000 cubic yards of sand. From February
2002 to April 2004, over 1,000,000 cubic yards of sand was placed on the South
Reach.
PATRICK AIR FORCE BASE BEACH COMPLETED: From January 2001 to
April 30, 2001, as a result of the fact that the North Reach section of the Project
was underway and due to the cost savings, advance permitting and sand source
location from the North Reach, Patrick Air Force Base permitted and completed
re -nourishment of 4.5 miles of its beach which thereby added 560,000 cubic
yards of sand to the system. Much of this sand will benefit Satellite Beach in the
future as the natural littoral drift pushes sand southward.
50 YEAR RE -NOURISHMENT OBLIGATION: Pursuant to the Government's
1996 Feasibility Study and the Settlement Agreement, the Government is
obligated to maintain Brevard County's beaches for 50 years at 6 year intervals
(+/- 2 years), provided funding for said projects is provided by Congress. Should
the Government fail to maintain the beaches, it will be subject to another suit for
taking property without just compensation. The projected cost of the 50 year re -
nourishment is $253,000,000.
EXCEPTIONAL PROPERTY VALUE INCREASE: Hanson Appraisal Services,
completed an appraisal of the North and South Reaches in February of 2002.
The total increase in value occasioned by the re -nourishment projects is
$150,000,000 for Plaintiffs' properties.
IMMEASURABLE ENVIRONMENTAL BENEFITS: Not only has the Brevard
County Shore Protection Project restored our beautiful beaches, it has also
preserved and restored the world's second most important sea turtle nesting
ground. This is in addition to preserving and restoring beach habitat for
innumerable birds and other marine animals and crustaceans. Such benefits,
while immeasurable in dollars, are priceless in terms of preserving vital natural
resources.
# 40279.3
5/18/2004
ADDENDUM 4
EFFORTS UNDERTAKEN BY GRAYROBINSON
1. GrayRobinson spent over ten years litigating this matter against the U.S.
Army Corps of Engineers and the United States Department of Justice,
successfully concluding the matter in a landmark settlement that secured
a $42,000,000 Shore Protection Project for Brevard County, payment of
$5 million dollars in damages, and reimbursement for attorney's fees,
expert fees, and costs.
2. The settlement in this case marked the first and only time the Government
has settled a lawsuit of this nature with construction of a massive Shore
Protection Project and payment of millions of dollars in damages.
3. Over 15,000 hours were expended by GrayRobinson not including
thousands of hours by staff personnel on your behalf.
4. Over $300,000 in costs were advanced by GrayRobinson on your behalf.
5. Over 6000 hours were expended by 13 consultants retained by
GrayRobinson on Plaintiffs' behalf to provide expert testimony and
services in connection with this case, as follows:
$ Coastal Tech (coastal engineering services)
$ Allen Engineering (surveying)
$ Helman Hurley Charvat Peacock Architects, Inc. (graphics)
$ Hanson Appraisal Services (appraisal services)
$ Calhoun and Associates (appraisal services)
$ Professor Lee Harris, P.E. (coastal engineering services)
$ Black, Sims and Crotty, P.A. (Congressional lobbyist)
$ Juris Corporation (graphics and computerized presentations)
$ Bussen-Mayer Engineering (surveying)
$ John DeVault, Esquire (expert witness on fees)
$ Fishkind and Associates (economist)
$ Hogan & Hartson, P.A. (Washington counsel)
$ Olsen & Associates (expert witness on coastal engineering)
$ Steve Griffin (graphics and computerized presentation)
6. All hearings, of which there were many, required travel to the United
States Court of Claims in Washington, D.C.
7. GrayRobinson gathered historical data and managed and coordinated
documents, information and reports to and from 315 property owners,
including three cities, covering over 385 parcels of land.
8. Thousands of Government documents were obtained, reviewed and
organized by GrayRobinson, many forty and fifty years old. Most notably,
in 1997, GrayRobinson overcame the Government's claim of executive
privilege with respect to production of a damning internal report which the
Government had theretofore refused to produce.
9. Three appeals were taken by GrayRobinson during the course of the
case, including GrayRobinson' successful efforts to overturn on appeal
the trial court's initial dismissal of the case on Statute of Limitations
grounds.
10.. GrayRobinson defeated the Government's Motion for Summary Judgment
filed in 1996, as well as two Government Motions to Dismiss.
11. In obtaining the Shore Protection Project, GrayRobinson overcame a
direct policy of the Clinton Administration which opposed any new Shore
Protection Projects in the State of Florida.
12. In agreeing to settle. the case, the Government agreed to perform the
Shore Protection Project only if Congress appropriated the funds to do so.
Moreover, the Government refused to make a budget request for said
funds. As a result, the Settlement Agreement provided that "During the
three (3) years subsequent to the date of this Agreement, Plaintiffs will
endeavor to obtain Congressional appropriations for the Shore Protection.
Project." With the joint cooperation and efforts of Brevard County, the
Canaveral Port Authority, the Tourist Development Council, Cape
Canaveral, Cocoa Beach, Satellite Beach, the State of Florida, Senators
Bob Graham, Connie Mack, andBill Nelson and Congressmen Dave
Weldon, Bill McCollum and John Mica, the necessary Federal funding for
the Brevard County Shore Protection was obtained, making the Project a
reality. Without the lawsuit and the settlement the Project would not be a
reality.
13. In addition to GrayRobinson' efforts in the political arena subsequent to
settlement of the case, GrayRobinson has also engaged in several
hearings in Washington, D.C., including a two day trial on attorney's fees,
expert fees and costs, and appeals involving same.
14. GrayRobinson' efforts in this matter will continue with distribution of the
settlement funds, resolving issues pertaining thereto, and support to
Brevard County concerning extension of the South Reach project and
continuation of sand by-passing at Port Canaveral.
# 40280.3
5/18/2004
ADDENDUM
HOW WE DETERMINED THE ALLOCATION PLAN
The allocation plan has three elements:
1. Base Allocation
2. Damage Allocation
3. Sand Allocation
The Base Allocation recognizes the value of being a plaintiff, assures that
everyone will recover at least something, recognizes plaintiffs who received no sand
because of the worm rock environmental permit prohibition and recognizes that such
plaintiffs will benefit from the sand placed on the beach north of them over time.
The Damage Allocation recognizes plaintiffs who documented damages,
recognizes that some documented claims are not legally recoverable and recognizes
that all properly documented claims were compromised in order to settle.
The Sand Allocation recognizes the net sand loss for a specific plaintiff during
the period of that plaintiffs ownership on a frontage foot basis, with a deduction for
sand placement where applicable.
FACTORS CONSIDERED
In developing the allocation plan, we and your experts felt that it was imperative
for it to be as fair and reasonable as possible. When we began to consider the
challenge, we started with factors that were important in our successful settlement
negotiations resulting in the Government paying damages and doing the Project.
The following is a list of these significant "negotiation" factors:
The value associated with having in excess of 315 plaintiffs. Each person
who became a plaintiff added value. Husband and wife and other joint
owners were treated as one plaintiff in the eyes of the Corps. Likewise,
we have treated them as one plaintiff in the distribution allocation.
2. The value associated with having a variety of plaintiffs. We had business
owners, private owners, condominium association owners, individual
condominium unit owners and municipal owners.
3. The location of ownership. Plaintiffs' ownerships were located up and
down the beach. We had owners near the Port where the sand loss has
been greatest to far from the Port where the sand loss has been less. For
instance, it was valuable to have a municipality located in the worm rock
area as a plaintiff as well as individuals, condominium owners and
condominium associations in the worm rock area.
4. At the present, the worm rock area will not get sand because the State of
Florida will not issue permits in that area. We are continuing our efforts to
overcome that. But the fact that sand would not be immediately placed in
the worm rock area was a useful factor in our negotiations with the Corps.
In addition, it is important to that the worm rock area will get benefits from
the sand put on the North Reach and Patrick Air Force Base over time.
5. The amount of legally recoverable and documented erosion damages,
which were utilized during settlement negotiations.
6. The sand lost by each plaintiff during the time period of ownership. The
court ruled that no plaintiff could recover for sand lost prior to purchase of
the property. Sand lost prior to ownership was not recoverable.
METHODOLOGY
Base Allocation
This allocation assigned values to private owners, business owners,
condominium association owners and municipalities who received sand as a
result of the Project, and increased those values for private owners, business
owners, condominium association owners and municipalities who did not
receive sand as a result of the Project.
Damage Allocation
This allocation recognized that business damages are not recoverable under
Federal law and that only adequately documented property damages could be
compensated. All properly documented and legally recoverable property
damages were allocated at 50% in recognition of similar compromises during
settlement negotiations with the Government.
Sand Allocation
Our experts took the remaining funds for distribution and calculated the
percentage sand loss in cubic yards for each plaintiff using the duration of
ownership for each plaintiff to the nearest year, the front footage of each plaintiff
and the erosion loss over time, and subtracted a percentage of the amount of
sand in cubic yards placed on each Plaintiff's property by the Project based on
the Project data. The net percentage was applied to the remaining funds for
distribution. The result is the Sand allocation for each plaintiff.
ADDENDUM
RECONCILIATION OF ATTORNEYS' FEES, COSTS AND EXPENSES
AMOUNTS RECEIVED
(Damages, expert costs and attorney's fees
received from Government, plus interest) -
LESS:
Attorney's fees at hourly rates, including fees
for distribution and remaining services
Expert fees and suit costs
Total attorneys' fees, expert fees and suit
costs:
Balance for distribution to Plaintiffs:
# 43516.1
($3,959,043.00)
($1,349,095.76)
$8,400,321.92
($5,308,138.76)
$3,092,183.16
ADDENDUM
DISPUTE PROCEDURE
In the event any Plaintiff notifies GrayRobinson by certified mail, within thirty
days of the date hereof, of their non -approval of the proposed Allocation Plan, then the
following will occur:
a. GrayRobinson will proceed to make payments and reimbursements in
accordance with the Cost and Expenses Addendum, except that no
distribution of funds will be made to any Plaintiff pending the resolution of
said dispute.
b. GrayRobinson will meet with the Plaintiff(s) giving such notice in an
attempt to obtain said Plaintiff=s approval.
C. If any Plaintiff fails to give approval, all funds remaining for distribution will
be deposited in the registry of court in an interpleader action filed by
GrayRobinson. Alternatively, if all Plaintiffs agree, GrayRobinson will hire
an independent arbitrator to resolve the dispute. A court or arbitrator will
then make the determination as to the amount of the award, if any, to
distribute to each Plaintiff. GrayRobinson shall be entitled to
reimbursement of its fees incurred in connection with the interpleader
and/or arbitration action, including the arbitrator's fees and costs.
d. Pursuant to Florida Bar rules, GrayRobinson will not be able to represent
any Plaintiff in said interpleader action or arbitration. Each Plaintiff will
have to engage his/her/its own legal representation.
ADDENDUM8
ENGAGEMENT LETTER
Cocoa Beach
ENGAGEMENT
You have engaged this firm to bring an inverse condemnation
"taking" claim against the U. S. Army Corps of Engineers for beach
erosion caused by the construction, maintenance and operation of
the Port Canaveral jetties.
The court will first determine whether a "taking" has
occurred. You are obligated to us for fees and costs ONLY if a
"taking" is found to have occurred AND a recovery is made. In such
a circumstance, our fee will be one-third (1/3) of the value of the
benefits obtained (40% if an appeal is involved) or the court award
of fees, whichever is greater, but not both. In addition, your
proportional fair share of the costs will be paid out of your
recovery. If the court finds no taking has occurred, we have the
right to dismiss and discontinue working the case and you will owe
us nothing.
All funds collected will pass through our trust account. If
you discharge us or settle directly with the Corps, you will pay us
a reasonable fee which will be no less than one-third (1/3) of your
recovery, plus your proportional fair share of costs.
FOR THE FIRM
MI -
THE FOREGOING IS APPROVED AND ACCEPTED:
BY:
Signature
DATE:
l �\u.rW.lu i\1 L\e..c+.\•.a.a+.-1 e:
# 78606 Q
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Ordinances -2 d Reading
Item
4
No.
made recommendations at their meeting on 04-14-04.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 03-2004, AMENDING CHAPTER 94, SIGNS, OF THE CITY CODE
DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING
Requested Action:
City Council consider adoption of Ordinance No. 03-2004 amending Chapter 94, Signs, as recommended by the
Planning & Zoning Board.
Summary Explanation & Background:
City Council considered this proposed ordinance at their meeting on 03-02-04. Council expressed concerns with
several areas and returned the ordinance to P&Z for recommendations. Planning & Zoning Board reviewed and
made recommendations at their meeting on 04-14-04.
Exhibits Attached:
City attorney's outline of recommended changes dated 05-25-04; Ordinance No. 03-2004
City Man /s Office —' "
Department GROWTH MGMT/PLANNING
uuy �cun�{ iCii�ys lii\council NmeeLing N2004 \u6-15-04\03-2004. tloc
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Usher L. Brown'
Jeffrey P. Skiak'
Suzanne D'Agresta'
Anthony A. Garganese°
Gary S. Salzman*
Jol-in H. Ward
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
"Boa, Certified City, County & Local Government Law
Attorn ys at Law
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Butch
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Melanie A. Mucario
Michelle A. Reddin
Kimberly F. Whitfield
Erin J. O'Leary
J. W. Taylor
Of Counsel
May 25, 2004
The Honorable Mayor Randels and
Members of the City Council
City of Cape Canaveral
P. 0. Box 326
Cape Canaveral, Florida 32920
Re: Sign Ordinance No. 03-2004 (Was No. 21-2003)
City of Cape Canaveral / General File No. 513-001
Dear Mayor and Council Members:
Enclosed is a copy of Ordinance No. 03-2004, amending Chapter 94, Signs, of the
Cape Canaveral Code.
Since the last time the Council considered this ordinance, the Planning and Zoning
Board has reviewed the ordinance at Council's direction. The Planning and Zoning Board
recommends the following additional changes to the ordinance (underlined type below
represents their additions):
Article III, Division 2, Section 94-76(a)(3). The first sentence has been
changed to read: "Temporary signs shall be permitted for a period of up to
sixty (60) days once.a year, per event or activity."
2. Article 111, Division 2, Section 94-76(a)(4). This subsection has been
changed to read: "On residential property, no one temporary sign shall
exceed six (6) square feet and the total number of temporary signs on any
one residential property shall not exceed three (3)."
225 East Robinson Street, Suite 660 - P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 . Cocoa 8 Viera (866) 425-9566
Website: www.orlandolaw.net - Email: firm@oriandolaw.net
The Honorable Mayor Randels and
Members of the City Council
City of Cape Canaveral
May 25, 2004
Page 2
3. Article III, Division 2, Section 94-76(b)(1). The following has been added
after the first sentence: "in addition, each subcontractor shall be allowed
one (1) non -illuminated construction siqn not to exceed a sign area of nine
(9) square feet and four (4) feet in height." The next sentence has been
modified to read- "Signs allowed hereunder shall be permitted for one (1)
year or until the building permits for the area under development have
expired or been revoked."
4. Article III, Division 3, Section 94-100. Table 94-96-1, District Restrictions,
has been modified to include real estate; construction; construction,
subcontractor; and banner signs.
If you have any questions regarding this ordinance, please do not hesitate to call.
V 1 yours,
Anthony A. Garganese
City Attorney
AAG: jf
Enclosure
ORDINANCE NO. 03-2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
REVISING THE PURPOSE AND SCOPE OF THE
CHAPTER, MODIFYING DEFINITIONS; PROVIDING
FOR THE REGULATION OF TEMPORARY SIGNS;
AMENDING THE SIGN APPLICATION AND PERMIT
PROCEDURES; AMENDING APPENDIX B SCHEDULE OF
FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND 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, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the limitations on temporary signage within the
City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any
message, and will further the City's legitimate and substantial government interest in minimizing
sight pollution and traffic and safety hazards to persons and property during high winds; and
WHEREAS, the City Council finds that the goals of this Ordinance are unrelated to the
suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
BE IT ORDAINED 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 as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
City of Cape Canaveral
Ordinance 03-2004
Page 1 of 14
Section 2. Code Amendment. Chapter 94 of the Code of Ordinances, City. of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
***
Off-site or off -premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where
the sign is located
On -sate or on premises sign means a sign (l)identi_fyina an activity conducted or products or
services available on the premises where the sign. is -located,.or 2 diQl@Ying a noncommercial
message or (3)-Agy_combination of the first two. fel4ed : its s,.,.
Whi6h it is leeated.
***
Public interest sign means a charitable,_ educational or
religious special event.
***
Sign means any surface, fabric, device or display whether illuminated or non -illuminated,
designed to identifyannounce direct or inform, and that ,
Bio d- street e i a ineludes y annetineement,
, J J
when-sush is placed out-of-doors in view of the general public. For purposes of this Chapter, the
term "sign" includes all structural members
City of Cape Canaveral
Ordinance 03-2004
Page 2 of 14
Temporary signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place, inclusive for examole_real estate sijzns, for sale and for rent signs.
banner
signs, construction
� 7signs,
, jand NASA launch sib r� oon�f��ete of eletk vas,
liight fabr-ic, +�r_be '"��"allbl afd,-pweo —& v�i�i r - natef'ials,•--7Ath o7 rif1-out & sl
Sec. 942. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well-being of the City, while at the same time providing for the health, that -will
pr-oteet the safety and welfare of the public by_reducina the adverse effects of signs on safety,
p operty values, traffic, and the enjoyment of the scenic beauty of the City. These regulations
are intended to avoid excessive competition and clutter among sign displays in the demand for
public attention, eliminate dangerous, dilapidated and unsightly suis and provide for adequate
maintenance and inspection of signs within the corporate limits of the City, consistent with
constitutional Puarantees and while providing for adequate opportunities for effective means of
communication.
L.iYi3�l �MIY $)..s.n L
�..� -..... ......t. .... .v .....�........ .... v... v. .... •��..... .........wv .,..w...v vv .fit. �..., .�.Vv, .. aha v, ,vavw.
pefmissible
pefmits end
6efttent, ) ) ) J f
l ]
f -p r7 .� �,.,l+ine Jnr ,inlnfinr n f th ha'la.'''fnr �f afl ,,; ..., 1 dinstalled-miQ
1\..��rar�a2��} Q1Z �J 4V1 LVl WLL J1�1T.1 CIIaDV_Q_'
(e b) For purposes of Rhis chapter, is alse intended to permit off pr-eraises per-maneFA signs
within the eity, and any lawful sign may display a noncommercial message in addition to, or in
lieu of, any other message. A l noncommercial speech shall be
deemed to be an on -premises. Nothing -in -this -chapter- UAlail be UVVl[LVU LV V4 4;1 Vii --1 t'SIIA a"7vil:
Nothing in this chapter shall be construed to regulate the content of the message displayed on
any sign.
City of Cape Canaveral
Ordinance 03-2004
Page 3 of 14
Sec. 94-6. Prohibited Signs and features.
The following si ns and features are strictlyprohibited:
(a) Signe on utility poles and frees. Signs, regardless of whether exempt from permit
requirements, inelu coni e�, are prohibited on public utility poles or trees_
(9) Merchandise dish s on r�ghts of way. Permanent, temporary,
portable or movable signs or displays of merchandise located on any street sidewalk alley, or
right-of-way are prohibited. It is the expressed legislative intent ef the eity eeuneil that there
sidewa4k, alley-, right of -way of thefe—IfaFe for- the s- 1 e of! the
petort �z�"iraer
pef
+
is a#etehed a sign the -business -of ane-per-s�
y1eg .- a t bl-whieh�r ' es �i. ,,' +
CL2ITL'ZITL.iGLR�L3Zi�p'I -' lJ`Cl'IVi—G7rIVICIII"y Va�—
L,' l L' 1 a fer-
ee
aavv.�
(h) Off -premise signs. My sign iiet felated in 4s subjeet matter t) the pfernises en whieh it is
(r) Temporary signs, unless specifically authorized under this Cha ter mefAiened in this
eede.
ARTICLE H. PERMITS AND INSPECTIONS
Sec. 94-32. Application for permit; review time limits.
Application for a permit required under this affiele chapter shall be made upon forms
provided by the building department and shall contain or have attached the information required
City of Cape Canaveral
Ordinance 03-2004
Page 4 of 14
on the form. The buildin_.g._official shall grant or deny the sign permit application within forty-
five (45) days from the date that a completed application and permit fee was filed with the City.
Sec. 94-33. Issuance of permit.
(a) Upon the receipt of a completed building permit application and upon payment of the
appropriate building permit fee by the applicant, the building official shall promptly conduct an
investigation of the application, the proposed sign and the premises.
f ei -the -E£? Ae > th t t d' g
permit applicatien within 20 days from the d'a - uh- -A
was filed with the eity- YF.X� Mfll_�FF'ieafiefl fee
(d) Any person denied a building permit for signs may file as a matter or right a written
notice of appeal to the construction board of adjustment within ten calendar days after rendition
of the denial pursuant to the provisions of section 94-33. The construction board of adjustment
shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is
received by the construction board of adjustment. The appellant shall be afforded minimum due
process including but not limited to the right to notice of the hearing, a fair opportunity to be
heard in person and through counsel, to present evidence and to cross-examine witnesses The
decision of the construction board of adjustment shall be final. No further exhaustion of
administrative remedies shall be necessary for judicial review of the administrative action. Any
person aggrieved by a final decision of the construction board of adjustment may immediately
appeal the decision as a matter of tight by filing an gpDropriate pleading with a court of
com ep ten_t jurisdiction. A prompt review and decision shall be rendered by the court
The record of the hearing shall consist of the complete record of the
proceedings before the construction board of adjustment.
Sec. 94-34. Revocation of permit.
The building official is authorized and empowered to revoke any permit issued under this article
for failure of the permittee to comply with any of the sections of this chapter. Such revocation
shall be in writing and shall show cause for the revocation notice. Within seven days after the
mailing of notice, the permit holder may request, in writing, to the city manager, €er a hearing
before him the construction board_of adjustment to show cause why the permit should not be
revoked. The construction board of adjustment shall hold a hearing and decide the appeal within
30 calendar days from the date the notice is received by the city manager. The permittee shall be
afforded minimum due process including but not limited to the right to notice of the hearing a
fair op o�nity to be heard in person and through counsel, to present evidence and to cross-
examine witnesses. The decision of the construction board of adjustment shall be final. No,
further exhaustion of administrative remedies shall be necessary for judicial review of the
revocation decision. Any person aggrieved by a final decision of the construction board of
adiustment may immediately appeal the decision as a matter of right by filing an appropriate
City of Cape Canaveral
Ordinance 03-2004
Page 5 of 14
pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered
by the court. The record of the heariniz shall consist of the complete record of the proceedings
before the construction board of adjustment. W4tMn ten days from the hea6ng date, the eity
ii a*age-.hat1-gi.., a dee sivir g.
Sec. 94-35. Fees.
Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Re -inspection; and
(3) If any person commences any work before obtaining the necessary permit, all fees
shall be doubled.
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(a) Temporary on -premises signs shall be permitted under the following; conditions:
(1_Temporary_s�ians shall be non -illuminated, free standing signs.
(2) Temporary signs� shall be removed within three (3) days after the date upon which
the sign has_fulfilled its purpose Ce.&,,the scheduled event or occurrence has concluded).
(3) Temporary signs shall be permitted for a period of up to sixty (60) d?ys once a
year, per event_ or activity. The display period for temporary signs may not run
consecutive with another display period and must be separated by a period of no less than
sixty (60) days. Temporary signs erected to serve a significant interest or public interest
are exempt from the requirements of this subsection
City of Cape Canaveral
Ordinance 03-2004
Page 6 of 14
(4) On residential prop, no one temporary sign shall _ exceed six (6) square feet
and the total number of temporary signs on any one residential pro eegy shall not exceed
three (3).
(5) On non-residential property, no one tmporTy sign shall exceed thirty-two (32)
square feet and the total area of temporary signs eg on any non-residential property shall
not exceed ninety-six (96) square feet.
(6) Temporary signs may be double faced (back-to-back) and only one side of a
double faced sign shall be counted for sign area calculations.
(7) The maximum height of any temporary sign shall be fouT_(4) feet_on residential
property, or eight (8) feet on my non-residential property.
(88) Minimum setbacks for any part of the temporary__Ai�n structure shall be a
minimum of five (5) feet from any right-ofway and twenty-five (25) feet from any other
adjoining property line, except the streets listed below shall have the following set backs:
Street
Minimum Setback
from Right-of-Wav
Astronaut Boulevard (SR AIA) 50 feet
Old State Road 401 10 feet
Ridgewood Avenue 10 feet
(9) No temporary sign shallbe 1p aced within the right-of-way unless approved by the
city manager. No temporarsign shall be placed within the visibilityangle or posted
on a tree or utility pole.
(10) The temporary sign shall be constructed of sturdy material such as wood hard
plastic, v_inyl, masonite or particle board of sufficient thickness so as to withstand the
weather elements commonly experienced within the City, Cardboard and peer faced
tem..poraa signs are strictly prohibited unless it is safely fastened, in its entirety, to a
backing made of material set forth in this section_
(b) In addition to the general requirements in subsection (a), the following requirements shall
apply to the specific types of signs listed below:
(1) Areas under development, such as shopping centers, apartments. condominiums
and subdivisions, shall be permitted one (1) non -illuminated construction sign not to
exceed a sign area of sixteen (16) square feet on residential properties and thirty-two (3 2)
square feet on nonresidential property after a building permit is issued. In addition, each
subcontractor shall be allowed one (1) non -illuminated construction sign not to exceed a
sign area of nine (9) square feet and four (4) feet in height. Signs allowed hereunder shall
be permitted for one (l) year or until the building permits for the area under development
have expired or been revoked. If the project is not completed within one (1) year, the city
City of Cape Canaveral
Ordinance 03-2004
Page 7 of 14
manager mays giant an appropriate extension(s) not to exceed the removal date set forth
under this subsection (1). All signs must be removed from the property within seven (n
days of the date on which the project is completed, suspended, or abandoned for at least
three months. C.onstruction signs are exempt from subsections (a) (2�and {a)(3 above.
Construction signs shall contain the primary contractor's licensing information.
2 A maximum of one (1) real estate sin is permitted on a property at such time the
property owner desires to sell or lease the property. Real estate signs shall be removed
immediately upon the sale or lease of the property. Real estate signs are exempt from
subsections (a) (2) and (_a) (3) above.
(3-_____A maximum of one (1) on -premises banner sign, not to exceed 96 square feet,
may be erected on a property to promote a significant interest or public interest as those
terms are defined in Section 94-1 of this Chapter. A banner sign may be erected for a
maximum of thirty (3 0) dates.. A banner sign is.. exempt from the freestanding requirement
set forth in subsection (a) (love and the size restriction set forth in subsection (a) (4)
and (5) above, provided it securely fastened to a structure in a. manner to withstand
weather elements commonly experienced in the Citv.
(,) Real _ _signs _ be _withetA a peffait stibjo 4hezonvvitR$:
�
M4 OMMIN
awl
•� ♦_
Sec. 94-77. Signs in violation. Reserved.
City of Cape Canaveral
Ordinance 03-2004
Page 8 of 14
removed .,..t in the five day -allowance the-actura-c�
femeval will be ehafged to the epaididate, minus the depesit.
See. 94 81. Temporary off premises signs. Reserved.
-` "e --"lull b n limit n- e;__ nom- hea..lnei•._ rer n•...<cr - -
- J _-.L�i� i�Fly--YA Ll��ir busk-Aes a -actt y"_-
i..133i�()s sign.
(1) A housing pfejeet--or subdivision
o
nidefffial .. w.t;
City of Cape Canaveral
Ordinance 03-2004
Page 9 of 14
il9rt:.•S�n::�hT� is �:n if_M r�:.ri 1na�l./rVA:/i
These rew-ictions-aact pr p ----es ----'J-aeent te these s#eets 4-1-- — - 4
--v"no of any R-1 zoning
distt'1ets7
e a -
(1)-_—Eef €etre Zen-suis�n":: 1'i ii a�.o 7 +amu--�v=t =moi 6 c�nS �ETv+: and shall et 1..
Y
City of Cape Canaveral
Ordinance 03-2004
Page 10 of 14
DIVISION 3. DISTRICT REGULATIONS
See. 94-100. Shopping center or multi -tenant center in any district.
(a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in
table 94-96-1.
Table 94-96-1 District Restrictions
TABLE INSET:
City of Cape Canaveral
Ordnance 03-2004
Page II of 14
District
Type of Sign
R-1
R-2
R-3
C-1. C-2 & M-1
Shopping
Automotive
center/Multi-Tenant
Service
Center in any district
Station in C-1
Ternnara ;
Per
E__
Per
Per Section 94-76
Per Section 94-76
Per Section
Qn-premises
Section
Section
Section
94-76
Sign-
94-76
94-76
94-
4Real
Realestate
Max. no.
1 Per
1 Per
1 per
1 Oil PfifflOkff PfepeFTY
@er-distriet
(pof dis*e!
Section
Sec ion
Section
40iAaga
mquiretnent)
94-76
9476
9476
1 Per Sectio 9476
n!a
n/a
Max. area
6 s.f
6 s.f.
32 6 &f.
32 s.f.
Max. hei
4'
4'
8. 4'
8'
gelitiea}
i. ne
2
2
3
17peke-p-
let if>> ago
freniage then 3
ieEeestet
requiFeatent))
Maar arsrt
-5--a�
4-64L.
3s:€
32-_1
Construction
Max. no.
I
1
1
2 1
(et
sE
AretuEs
n/a
FequifemerA)
n/a
Max. area
16 s.f.
16 s.f.
16 31
32 at
Max. height
3' 4'
3' 4'
3 4'
8'
Construction
Max, no.
1
1
1
I
n!a
Subco tractor
Max. area
9 s.f
9 s.f.
9 s.f.
9 s.f.
Max hei
4'
4'
4'
4'
Home
Max, no.
1
1
1
1
n/a
n/a
occupation
Max.
2 s.f
2 s.f.
2 s.f
2 s.f.
n/aI
n/a
Exceptions/notes for ground
Not
Apply to multi -family
2 of the following 3 options are permitted per parcel
and wall signs
permitted
only
Ground
Max. no.
1
I
1 per street frontage
1 per street frontage
1 on primary
street frontage
Max area
75 s.f.
75 s.f.
150 s.f.
15% of wall space
(per district
height times business
requirement)
frontage, max. 128
4
s.f. perpendicular &
160 s.f parallel to
street
City of Cape Canaveral
Ordnance 03-2004
Page II of 14
Sec. 94-105. Enforcement.
(a) Removal of signs. Private sighs on public property or public rights-of-way. may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling�or otherwise unsafe in the opinion of the Code
Enforcement Officer or the Buildinja Official, the owner thereof, or person maintaining the sign,
shall. upon receipt of written notification from the Building Official or Code Enforcement
Officer, immediately secure the sign, cause it to be placed in -good repair or remove the sign.
(c) Removal of illegally erected signs. The owner, owner's agent, .or person_in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(dl Termination of unlawful illumination. Upon receipt of written notification by the Code
Enforcement Officer or Building Official that a sign is illuminated in violation of this Chanter
the owner, owner's went or person in control of the premises, shall immediately terminate the
prohibited illumination of such sign.
Sec. 94-110. Implied Consent.
Any_person applying for, and the propcity owner upon which the sign will be erected, and
receiving permit for any sign hereby consents to the following;
(1) consents to complying with all provisions of this code, and
(2� consents for City officials to come on private oroperty to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city_
City of Cape Canaveral
Ordinance 03-2004
Page 12 of 14
Max hei hg�t
25'
25'
30'
n/a
30'
Max. width
25'
25'
251
n/a
n/a
wall
Max. no.
1 (on
L (on
Perpendicular to
1 per tenant space
1
main
main
street: 1 on each end of
structure)
structure)
the building, parallel to
street: 1 sign
Max. area
50 s.f.
128 s.f.
Perpendicular: 1 s.f per
15% of wall space
(per district
lineal foot of building
height times business
requirement)
width, max 128 s.f.
frontage, max. 128
each sign, Parteuel; 1 s.£
s.f. perpendicular &
per lineal foot of
160 s.f parallel to
building frontage, max.
street
160 s.f
Banner Si s
Max. no.
1
1
1
1
_
n/a
n/a
area
96 s.f.
96 s.f.
96 s.f.
96 s.f.
n/a
n/a
Sec. 94-105. Enforcement.
(a) Removal of signs. Private sighs on public property or public rights-of-way. may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling�or otherwise unsafe in the opinion of the Code
Enforcement Officer or the Buildinja Official, the owner thereof, or person maintaining the sign,
shall. upon receipt of written notification from the Building Official or Code Enforcement
Officer, immediately secure the sign, cause it to be placed in -good repair or remove the sign.
(c) Removal of illegally erected signs. The owner, owner's agent, .or person_in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(dl Termination of unlawful illumination. Upon receipt of written notification by the Code
Enforcement Officer or Building Official that a sign is illuminated in violation of this Chanter
the owner, owner's went or person in control of the premises, shall immediately terminate the
prohibited illumination of such sign.
Sec. 94-110. Implied Consent.
Any_person applying for, and the propcity owner upon which the sign will be erected, and
receiving permit for any sign hereby consents to the following;
(1) consents to complying with all provisions of this code, and
(2� consents for City officials to come on private oroperty to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city_
City of Cape Canaveral
Ordinance 03-2004
Page 12 of 14
Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and str-ikeeut type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
APPENDIX B SCHEDULE OF FEES
Chapter 94. Signs
(a)
Permit fee shall be calculated on actual 30.00
contract cost using subsection (a) of
chapter 82 of Appendix B with a
minimum fee of;....._...
(b)
Reinspection fee.......... 25.00
94-35
(d,
For commencing work wilhout a permit,
all fees shall be double
(�
40.88
TZ47
Ef
Temporary signs and banners.......... 25.00
Section 4. 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 5. 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.
Section 6. 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 7. 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 03-2004
Page 13 of 14
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
of )2004.
ATTEST:
SUSAN STILLS, City Clerk
First Reading;
Legal Ad published: _
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Jim Morgan _
Steve Miller
Rocky Randels
Richard Treverton
City of Cape Canaveral
Ordinance 03-2004
Page 14 of 14
PLANNING & ZONING BOARD
MEETING MINUTES
APRIL 14, 2004
A Regular Meeting of the Planning & Zoning Board was held on April 14, 2004 at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Leo Nicholas Vice Chairperson
John Fredrickson
MEMBERS ABSENT
Andrea Shea King
Lamar Russell
Walter Schoenfeld 1 st Alternate
Dennis Jenkins 2nd Alternate
OTHERS PRESENT
Susan Chapman
Board Secretary
Todd Peetz
City Planner
Anthony Garganese
City Attorney
Todd Morley
Building Official
All persons giving testimony were sworn in by City Attorney Garganese.
OLD BUSINESS:
Approval of Meeting Minutes: April 14, 2004
Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the meeting minutes
of April 14, 2004 as written. Mr. Fredrickson complimented the Board Secretary for a
great job on the clarity of the minutes of a very complicated meeting. Vote on the motion
carried unanimously.
2. Discussion Re: Amending Chapter 94, Signs - Article III, Size Location and
Construction; Division 2, Types of Signs; Section (B)(1) - Establishing Rationale
on the Amount of Allowable Signage on Areas Under Development.
City Attorney, Anthony Garganese, gave an overview of the recommendations suggested
by City Council to change and establish rationale of the proposed ordinance regarding
temporary signs. Following a lengthy discussion the Board concluded recommended that
the proposed ordinance be updated to include the following: allow sub -contractors to
post a sign during construction; to allow a maximum of three signs per residential lot not
to exceed 6 sq. ft. per sign; all non-residential signs shall be allowed for 60 days once per
year per event; and to update the sign chart to include every type of sign in the new
ordinance and to add a column regarding time limitations.
Planning & Zoning Board
Meeting Minutes
April 14, 2004
Page 2
Motion by Ms. McNeely, seconded by Mr. Fredrickson to direct the City Attorney to
make the changes to the proposed sign ordinance and send it directly to City Council.
Vote on the motion carried unanimously.
3. Presentation and Discussion Re: Special Exceptions.
Motion by Mr. Fredrickson, seconded by Ms. McNeely to add this item to the agenda.
Vote on the motion carried unanimously.
City Attorney, Anthony Garganese advised that he wrote a correspondence following
Monday night's Board of Adjustment meeting for a legal opinion regarding consideration
and approval or denial of applications for special exception under the City's zoning code.
He explained that a special exception is a legislatively established use of property, not
specifically permitted by right in a particular zoning classification, but which maybe
appropriate under certain conditions and safeguards. To be entitled to a special exception
an applicant must show that the proposed use is recognized as potentially appropriate
under the zoning classification; that the criteria for the exception would be met; and that
public interest would not be adversely affected. Therefore, a property owner requesting
an exception must show that it has met each of the criteria.. If these conditions have been
met, an application cannot be denied unless there is substantial and competent evidence
to show that the criteria has not been met, such as the requested exception is adverse to
the public interest. He further explained that a special exception is not equivalent to a
rezoning, but merely allows the board to exercise discretion whether it is reasonable
based on legislative criteria to permit a unique use within a particular zoning district. He
advised that the burden of proof in special exception proceedings is upon the applicant.
Mr. Garganese outlined that Planning & Zoning Board's role and Board of Adjustment's
role in considering special exceptions; the standard of reviews; and imposition of
conditions and safeguards on approved special exceptions. Mr. Garganese concluded that
special exception applications must be approved by the Board of Adjustment if the
applicant demonstrates by competent substantial evidence that the application complies
with the standard of review criteria for special exceptions. The Board of Adjustment may
expressly and clearly impose reasonable conditions and safeguards on a special exception
permit. However, a special exception application may be denied if the application fails to
comply with the standard of review criteria for special exceptions, is not in compliance
with the comprehensive plan, or is adverse to the public interest. Discussion followed.
Note: A copy of The City Attorney's correspondence shall be attached to these minutes
for future reference.
There being no further business the meeting was adjourned at 10:00 p.m.
) -)7 1119A 1 "
Bea McNeely, Chairpers
Susan L. Chapman; "Board Secretary
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA
Heading
Ordinances -2nd Reading
Item
5
No.
Ordinance No. 11-2004
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 11-2004, PROVIDING TECHNICAL AMENDMENTS TO CHAPTER
78, UTILITIES, OF THE CITY CODE
DEPT./DIVISION: PUBLIC WORKS
Requested Action:
City Council consider adoption of Ordinance No. 11-2004 amending Section 78, Utilities.
Summary Explanation & Background:
This item was discussed during the May 4, 2004 Code Review Meeting. City attorney and public works director
developed verbiage to address offsite sewerage for processing.
Exhibits Attached:
Ordinance No. 11-2004
Cit777, ce
Department PUBLIC WORKS
Cape- yd uments council\meeting\2004\06-15-04\11-2004.doc
ORDINANCE NO. 11-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, PROVIDING TECHNICAL AMENDMENTS TO
CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES;
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 is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, as a result of the code review process, the City Council desires to amend
Chapter 78 of the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED 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 as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 78 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 78. It is intended that the text in Chapter 78 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 78 - UTILITIES
***
City of Cape Canaveral
Ordinance No. 11-2004
Page 1 of 5
Sec. 78-131. Offsite sewage pumping.
For purposes of this section the term "offsite sewerage" shall mean any off-site sewerage system. not
directly connected to the City's sanitary sewerage system including, but not limited to, cruiseships,
portable sewer containers, and septic disposal trucks.
Offsite sewage pumping will be permitted according to the following:
(1) The person requesting the pumping shall contact the public works department and formally
request in writing permission to pump offsite sewage into the city's sewer system.
(2) The city shall, by and through one of its employees, review the application and if
preliminarily approved shall physically accompany the person or his representative making the
application to the site where the sewage is to be introduced into the city sewer system.
(3) The city, at the expense of the applicant, will test the sewage material that is to be pumped
into the city sewer system for compliance with all applicable state department of environmental
protection and Environmental Protection Agency requirements and shall reject the application if
sewage does not meet the state, federal and local permit requirements for sewage to be introduced
in city sewer system.
(4) A representative of the city will monitor until its completion the pumping of sewage into the
sewer system by the requesting person.
(5) The fee for this pumpage shall be as set forth in appendix B to this Code. This fee shall be
in addition to any and all tests of the sewage material by the city employees. The person shall be
invoiced by the city for this service.
(6) There shall be no hazardous waste as identified by state, federal and city guidelines at any
time introduced into the city sewer system.
Sec. 78-153. Payment of utility charges required.
(a) Bills for the monthly utility charges and fees shall be submitted and shall be payable within
30 days from the billing date. If such monthly bill shall be and remain unpaid on and after the 30 -day
grace period, water and sewer service shall be subject to cutoff. If such monthly bill is not paid in
full by the 30th day following that for which a billing has been rendered, an amount equal to ten
City of Cape Canaveral
Ordinance No. 11-2004
Page 2 of 5
percent of such bill due shall be added as a late charge. Upon failure of any user to pay within 60
days from being billed, the city shall cut off or cause to be shut off the connection of such user and
shall not furnish him or permit him to receive from the system further service until all obligations
owed by him to the city on account of the services shall have been paid in full. If such sewer service
is shut off, before such service shall be restored the user thereof shall pay a reinstatement fee in the
amount as set forth in appendix B to this Code, in addition to any other charges, late charges or
penalties due. The city shall also have a lien on any parcel or property affected by any unpaid balance
accrued under efarticle U of this chapter. Such lien shall be superior and paramount to the interest
on such parcel or property of any owner, lessee, tenant, mortgagee or other person, except the lien
of county taxes, and shall be on a parity with the lien of any such county taxes. If any such service
shall not be paid as and when due and shall be in default for 30 days or more, the unpaid balance
thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be
recovered by the city in a civil action, and any such lien and accrued interest may be foreclosed or
otherwise enforced by the city by action or suit in equity as for the foreclosure of a mortgage under
the property.
Sec. 78-191. Policies and regulations adopted; compliance required.
The city shall adopt a reclaimed water system policies and regulation manual from time to time.sby
reference the "eape—eanaverai Re6ainted Water Systern Policies and Regulations Mancaf " dated
February -1995. Compliance with said manual the policies and regulatio is hereby required.
Sec. 78-192. Inspections.
(a) As authorized by law and as a condition of receiving reclaimed water service, fmuly
authorized employees of the city bearing proper identification shall be permitted to enter any
building, structure or property served by a connection to the reclaimed water system of the city for
City of Cape Canaveral
Ordinance No. 11-2004
Page 3 of 5
..:.
Sec. 78-191. Policies and regulations adopted; compliance required.
The city shall adopt a reclaimed water system policies and regulation manual from time to time.sby
reference the "eape—eanaverai Re6ainted Water Systern Policies and Regulations Mancaf " dated
February -1995. Compliance with said manual the policies and regulatio is hereby required.
Sec. 78-192. Inspections.
(a) As authorized by law and as a condition of receiving reclaimed water service, fmuly
authorized employees of the city bearing proper identification shall be permitted to enter any
building, structure or property served by a connection to the reclaimed water system of the city for
City of Cape Canaveral
Ordinance No. 11-2004
Page 3 of 5
the purpose of inspecting the piping system or systems, backflow preventer, valves and/or all other
devices installed by the customer which connect to or control the reclaimed water system or use of
reclaimed water on such property.
(b) Consent to such access shall be obtained voluntarily from a person of suitable age and
discretion therein or in control thereof or by inspection warrant. The refusal of voluntary access;
when requested, shall be considered evidence of the presence of violation of the policies and
regulations adopted herein.
(c) Inspections shall be at reasonable times and with reasonable frequency. Where there exists
cause to believe that a violation is committed, the city may cause the property to be inspected as
necessary to prevent or terminate the occurrence of such violation(s) as authorized bylaw.
Sec. 78-194. Unlawful connections or practices.
(a) No person shall be authorized to work on the reclaimed water distribution system without
prior written consent of the city, and then only under the direction and supervision of the city. No
person shall tamper with, alter, damage, cut into or make connection with, the reclaimed water
system or any component thereof.
(b) No person shall manipulate valves, hydrants or blow -offs of the reclaimed water distribution
system or cause water to flow from the system without prior written consent from the city.
(c) Any person found violating this article shall be subject to the procedures and/or penalties
provided in - .b�law.
Sec. 78-195. Code enforcement board authority and violation liability.
(a) The city code enforcement board shall have jurisdiction and authority to hear and decide
alleged violations occurring in the corporate limits of the city and when warranted levy penalties.
Proceedings before the code enforcement board shall be governed by its rules and procedures.
(b) Any person or customer found guilty of violating any of the provisions of this article or any
written order of the city pursuant thereto, shall pay all penalties, costs and expenses involved in the
case, including reasonable attorney's fees. Notice of such violation shall be given by delivering the
same to the premises and a copy thereof sent by certified mail to the billing address. Each day upon
which a violation of this article occurs shall constitute a separate and additional violation.
(c) Any person or customer in violation of any provision of this article shall become liable to the
city for any expense, loss or damage incurred by the city by reason of such violation, including
City of Cape Canaveral
Ordinance No. 11-2004
Page 4 of 5
reasonable attorneys fees and costs of correcting the unauthorized work, tampering or damage to the
system.
(d) In addition to any penalty provided by law for the violation of any provision of this article,
the city may bring suit in the appropriate court to enjoin, restrain or otherwise prevent the violation.
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.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2004.
ROCKY RANDELS, Mayor
ATTEST:
For Against
Bob Hoog
Steve Miller
Jim Morgan
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 11-2004
Page 5 of 5
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA REPORT
AGENDA
Heading
Ordinances -I" Reading
Item
6
No.
I recommend approval at first reading.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-2004 AMENDING CHAPTER 80, VEHICLES FOR HIRE
DEPT./DIVISION: ADMINISTRATION
Requested Action:
City Council consider at first reading, Ordinance No. 12-2004, amending Chapter 80, Vehicles for Hire.
Summary Explanation & Background:
This proposed amendment was discussed at a recent code review workshop.
Amends Section 80-3 that licenses and fees be paid on an annual basis.
Amends Section 80-5 increasing the insurance limits.
I recommend approval at first reading.
Exhibits Attached:
City Attorney's memo dated 06-07-04; Ordinance No. 12-2004
City Managers-Of5ce - ;
Department ADN41MSTRATION
•.••J yv•.. uaucaa •. y1_gyynila \�v uli tJll \1IICC1.111tj \L V V Y \ V O-1J—V 4 \1L—L V VAI QOC
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Usher L. Brown'
Jeffrey P. Buak°
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward
Jeffrey S. Weiss
*Board Certified Civil Trial Lawyer
'Board Certified Business Litigation Lawyer
'Board Certified City, County & Local Government Law
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Bennett:
Attorney at Lazy
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Blitch
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Melanie A. Mucario
Michelle A. Reddin
Kimberly F. Whitfield
Erin J. O'Leary
J. W. Taylor
Of Counsel
June 7, 2004
Re: Ordinance 12-2004 - Amending Chapter 80, Vehicles for Hire
City of Cape Canaveral - General
Our File No.: 513-001
Please find enclosed for your review and comment proposed ordinance 12-2004, which, in
response to the City Council's request, amends Chapter 80, regarding Vehicles for Hire. This
ordinance amends section 80-3 to clarify ceratin language regarding the annual payment of fees
and license renewals. Additionally section 80-5 is amended in response to new minimum policy
limits set forth in section 324.032, Florida Statutes. Section 324.032 was amended last year to
require for -hire passenger transportation vehicles to carry vehicle liability policies with certain
minimum limits. Finally, per the request of the Council, section 80-30 was removed from the code
altogether.
If the ordinance meets with your approval, please place the same on the next available City
Council agenda for first reading.
Very truly yours,
DICTATED, BUT NOT READ
MAILED IN MY ABSENCE TO AVOID DELAY
/S/ ANTHONY A. GARGANESE
Anthony A. Garganese,
AAG/Img City Attorney
Enclosure
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.oriandolaw.net • Email: firm@orlandolaw.net
ORDINANCE NO. 12-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 80 OF THE CODE OF
ORDINANCES, VEHICLES FOR HIRE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council desires to amend Chapter 80 of the City Code; and
WHEREAS, section 324.032, Florida Statutes, was amended to require for -hire passenger
transportation vehicles to carry vehicle liability policies with certain minimum limits; and
WHEREAS, the City Council finds that Chapter 80 must be amended to be brought into
compliance with section 324.032, Florida Statutes.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED 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 as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 80 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and stri-keon type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 80 - VEHICLES FOR HIRE
City of Cape Canaveral
Ordinance No. 12-2004
Page 1 of 3
ARTICLE I. IN GENERAL
Sec. 80-3. Licenses and fees to be in addition to other taxes and charges.
All licenses and fees provided for and levied in this chapter are regulatory fees imposed to
cover the cost of regulating the operations of public vehicles in the city. All licenses and fees shall
be additional to the annual occupational license tax and any other taxes and charges levied by and
payable to the city. As required by this chapter, Aall licenses shall be issued and fees paid on an
annual basis . Each renewal fee shall become due one year
from the date of initial issuance or most recent renewal
Sec. 80-5. Insurance.
(a) Every owner of any public vehicle operating in the city shall file with the city clerk and keep
in effect at all times a policy or duly certified copy thereof of casualty insurance with a reputable
insurance company duly licensed to do business in the state insuring against any liability incurred
on account of the death or injury to any person or damage to property resulting from the operation
of such public vehicle in the following amounts:
(1) For death or injury to one person in any one accident, $125,000.00 $50,000.00.
(2) For death or injury to two or more persons in any one accident, $250,000.00
$f 00060:00.
(3) For property damage in any one accident, $50,000.00 $ i 0,000.
(b) If any such policy of insurance is canceled as provided in subsection (c) of this section, the
owner shall not operate or cause to be operated any vehicle covered by such policy until other like
insurance is obtained.
(c) Each such policy of insurance so filed shall contain a clause to the effect that the insurance
carrier may not cancel the policy until 30 days' written notice has been given to the city clerk, in
addition to such other notice as may be required by law to be given prior to the cancellation of such
policy.
ARTICLE II. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, LICENSE
City of Cape Canaveral
Ordinance No. 12-2004
Page 2 of 3
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.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2004.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Jim Morgan
Rocky Randels
Richard Treverton
Steve Miller
City of Cape Canaveral
Ordinance No. 12-2004
Page 3 of 3
Meeting Type: Regular
Meeting Date 06-15-04
AGENDA REPORT
AGENDA
Heading
Discussion
Item
7
No.
City staff will schedule town meetings prior to the scheduled readings of the annexation ordinance.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: PROPOSED ANNEXATION REPORT
DEPT./DIVISION: CITY MANAGER
Requested Action:
City Council to review and comment on the proposed annexation of the Winslow Beach area and provide staff
direction on whether or not to proceed with annexation of the area described in the attached.
Summary Explanation & Background:
If City Council decides to proceed with annexation, the first reading for the annexation ordinance would be July 6'
and the second reading would be July 20"' in order to have this on the ballot for November 2004.
City staff will schedule town meetings prior to the scheduled readings of the annexation ordinance.
Please advise.
Exhibits Attached:
Annexation Report
City M rts,bffice
Department CITY MANAGER
\m
L
y ocuments council\meeting\2004\06-15-04\annexation.doc
Proposed Annexation
Unincorporated Winslow Beach,
For The City of Cape Canaveral, Florida
1.0 INTRODUCTION
The City of Cape Canaveral incorporated in the early 1960's as development quickly grew as a result
of the space program. The City has developed as predominately residential. The original main
housing tract or subdivision was known as Avon -By -The -Sea. For what may have been a number of
reasons a relatively small area of Avon -By -The -Sea did not incorporate within either the Cities of
Cape Canaveral or Cocoa Beach and is still under Brevard County jurisdiction.
A visible problem with having separate jurisdictions is the inconsistent land use and zoning
requirements. The not so visible problem is emergency service provision and access to government
services. If this area were to annex, a compatible look and feel could be established with enhanced
access to government and emergency services.
The proposed annexation area is 78 acres of real property as reported from the Brevard County's
Property Appraiser's database. The actual proposed area is larger than this to accommodate roads and
right of ways. The number of people living in the proposed annexation area was 1,236 according to
the 2000 U.S. Census data. From the census data there were 696 occupied dwelling units and of
those 294 or 42% were occupied by owners and 402 or 58% occupied by renters. Census related data
for the annexation area could be found in the appendix. The proposed area to be annexed is also
predominately residential.
1.1 PERCEPTIONS
The west side of the City of Cape Canaveral extends down along SR AIA to approximately Barlow
Avenue on the east side of SR AIA. A visitor traveling north for approximately one mile may not
know that one side is unincorporated Brevard County and the other is the City of Cape Canaveral.
Because of this separation the City lacks a true southern gateway to the City.
There are uses that are or were permitted by the County that are not permitted in the City. This too
has created confusion for residents and guests alike. The purpose for regulating lands uses is to
establish the quality of life people want to enjoy. By having a major throughway of the City with one
side not sharing similar land use controls, the ability to provide the desired quality of life is difficult
to achieve.
2.0 LOCATION
Generally from Grant Avenue to Young Avenue from SR AIA to the Atlantic Ocean or the
unincorporated area between the Cities of Cape Canaveral and Cocoa Beach. This area is on the
eastside of SR AIA. Please see map 1.
2.1 ANNEXATION AREA (SIZE)
This area includes (78) acres of real property, as found in the Brevard County Property Appraiser's
database. The number of acres is larger; this number does not include roads and right of way land.
2.2 TAXABLE VALUES AND 2003 MILLAGE RATE
The taxes and services are often a deciding factor for whether an annexation makes sense or not.
The taxable value for the proposed annexation area is $64.845 million dollars. The millage rate for
Brevard County is 18.5253, Cocoa Beach 19.5391 and Cape Canaveral 18.2155.
A $100,000 home with homestead exemption would have a taxable value of $75,000. That
homeowner would pay $1,389.40 in Brevard County, $1,465.43 in Cocoa Beach and $1,366.16 in
Cape Canaveral. For a homeowner in the annexation area they would pay the least total property
taxes in the City of Cape Canaveral.
From the City's perspective the costs of service and monies generated from property taxes is
important to know. At the City's rate and based on a taxable value of $64.846 million would provide
$113,479 for Police, $78,203 for Fire, $29,206 for beautification and $3,242 in Library taxes, for a
total of $224,130. Please see appendix Andrea Bower email memo.
Other taxes like sales taxes and user fees may be collected to help offset the provision of additional
services to the proposed annexation area.
2.3 EXISTING LAND USES
The majority of this area is developed. It is predominately residential, especially on the beach and a
block or two East from SR AIA. The commercial uses are located along SRAIA. While (78) acres
of real property have been identified, so have only 6.8 acres of undeveloped land. This means the
area is more than 90% developed. The existing development pattern is very similar to that of the City
of Cape Canaveral. Please see map 2
2.4 COUNTY FUTURE LAND USES
Brevard County's future land use shows Community Commercial (CC) land use along SR AIA, with
Neighborhood Commercial (NC) in some cases East of Community Commercial. This is similar to
the Commercial C-1 found along the East side of SR AIA in the City of Cape Canaveral.
Residential uses (RU 15 dwelling units and RU 30 dwelling units) are found further East of the
commercial or East of Poinsett Avenue. The residential 30 dwelling units per acre are found along
the beaches. Please see map 3. This is similar to what the City has on the future land use map.
However, the City's residential density maximum is 15 dwelling units per acre.
2.5 COUNTY ZONING
Brevard County zoning is Commercial (BU -1), Residential (RU -1-7, RU -1-9, RU -1-10, RU -1-15 and
RU -1-30), and Government Managed Lands (GML). These zonings are consistent with the Brevard
County comprehensive plan. Please see map 4. The City's zoning is not as complicated and with the
exception of the RU -1-30 could accommodate these zoning types.
3.0 SERVICES
The following services will be briefly discussed. This discussion is basically to determine what
services are available or to be provided by the City and how they would be made available to the
proposed annexation area. In addition, cost for services installation, maintenance or replacement may
be applicable depending on the type of facility or service.
3.1 WATER
The entire area has water service provided by the City of Cocoa. No changes to existing service are
being contemplated nor would it be appropriate to do so. Please see map 5.
3.2 SEWER
The City does not provide sewer service to the proposed annexation area. Please see map 6. If it
were required that the City would have to treat sewage from this area the costs for a new sewer lift
station and 2,100 feet of force main would cost $245,500.
The City is providing reuse water through out the City. Installation of reclaimed water for just the
proposed annexation area is estimated to be $728,750. Please see the Ed Gardulski memo in the
appendix.
3.3 ROADS
Normal wear and tear on a road surface is common and major expense. It is estimated that $105,500
worth of road resurfacing is needed immediately. With another $124,000 worth of resurfacing needed
in the next 5 years.
Street lighting should be improved as needed. The cost for street sweeping would be approximately
$1,300 per year. The Storm Water Utility fee could pay this, which is $3 per month per equivalent
residential unit. Please see the Ed Gardulski memo in the appendix.
3.4 DRAINAGE
The drainage for the proposed annexation area goes through the City of Cape Canaveral and out to the
Banana River via the Holman Road outfall. Please see map 7. The drainage system for the proposed
annexation area is in need of cleaning. The Storm Water Utility fee also could pay this, which is $3
per month per equivalent residential unit. The total estimated cost is $640,000. Please see the Ed
Gardulski memo in the appendix.
3.5 PARKS
The City has a policy in the Comprehensive Plan that requires 2 acres of parks for every 1,000
persons. Presently the City has approximately 24 acres of parks, and the City population was 9,496 in
2003. The proposed annexation area will add at least another 1,236 persons based on the year 2000
census or potentially 10,700 persons in the City of Cape Canaveral. That would require 21.4 acres of
parks to accommodate the potential new population. No County parks have been identified in the
proposed annexation area.
Beach ends are not calculated into the recreation acreage, but the City provides beach ends crossovers,
parking, landscaping and signage. The number of new beach ends is 8 and the cost to upgrade those
beach ends would be approximately $228,000 or $28,500 per beach end. Please see the Ed Gardulski
memo in the appendix.
3.6 FIRE PROTECTION
The Cape Canaveral Volunteer Fire Department Inc. as part of an interlocal agreement with Brevard
County provides fire protection in exchange for fire dispatch service. A mutual aid agreement allows
both the City of Cape Canaveral and Cocoa Beach to respond; however, emergency service calls are
routed to the Cape Canaveral Volunteer Fire Department as first responder. It would seem to be an
inefficient and not cost effective for Brevard County to provide service in this area. In terms of cost
only increasing the potential number of fire hydrants was suggested at a cost of $2,500 a piece. The
total number of fire hydrants or where they should be located was not provided. Fire inspection service
is provided by Brevard County, the same service can be provided by the Cape Canaveral Volunteer
Fire Department.
A letter from the fire department is included in the appendix and can detail service delivery over the
last 2+ years.
3.6 LAW ENFORCEMENT
The Brevard County Sheriff's Office operates out of the Cape Canaveral sub station. They provide
law enforcement protection for the City of Cape Canaveral and Port Canaveral. The number of calls
for the proposed annexation area over the last year is provided in the appendix. At a recent City Goal
setting workshop the question was raised how many deputies would be needed to service the proposed
annexation area. It was stated the Commander that (5) new sheriff deputies would be needed at an
estimated annual cost of $500,000.
3.7 CODE ENFORCEMENT
The proposed annexation would have access to improved coordination with a building department.
Requirements for site plans, building permits and related code requirements could be verified and
assistance given to residents.
4.0 OPTIONS TO ANNEXATION
There are other options than to annex the entire proposed annexation area. They include voluntary
annexation, involuntary (10 acres or less) annexation, City of Cocoa Beach Annexation and joint
planning agreements (JPA). These options have their pros and cons but may achieve some positive
results.
4.1 VOLUNTARY ANNEXATION OPTION
This option has always been available. Since there have not been any annexations approved in 10
years this option may not work in a desired timely manner.
4.2 INVOLUNTARY ANNEXATION OPTION
This option allows cities that have enclaves that are contiguous to the City to be annexed in. This
option only allows up to 10 acres to be taken at a time. A phasing or timing program could be
established to make the transition a little more orderly. The problem of course is being involuntarily
annexed into the City, especially without a vote could create some tension within the community. A
municipality generally uses this option to incorporate lands that are completely surrounded.
4.3 CITY OF COCOA BEACH ANNEXATION OPTION
If the City Council or later the residents choose not to annex into the City of Cape Canaveral, the City
of Cocoa Beach could attempt to annex this area. The City of Cocoa Beach if successful would have
more compatible land use regulations than the County and also would provide a comparable level of
service to the proposed annexation area.
4.4 JOINT PLANNING AGREEMENT OPTION
If the City of Cape Canaveral either doesn't seek a referendum for annexation or the referendum is
defeated then the City should pursue a formal JPA to address concerns the City has with land uses
and service provision to this area. A JPA may not be ideal but if the issues can be addressed it may
resolve many issues concerning the City today.
5.0 CONCLUSION
The immediate or short-term cost is estimated to be $2,572,550. This direct cost would be offset with
general revenue, sales tax revenues, user fees and other various fees that are collected by the City.
There are also several financing mechanisms that could be utilized. These cost need further
evaluating. For example if the City is not required to provide sewer service that saves $245,000. No
reuse at this time saves another $724,000. Also spreading out the expenses may make more sense
that providing all the beach ends at the same time? We also need to recognize that property values
have been increasing and potential redevelopment may occur in this area, which may also help to
offset the cost quicker than anticipated.
The benefits of the annexation would be to square the south boundary of the city, create a southern
gateway feature, having control over future land uses and finally being able to establish the quality of
life that the City has been striving for.
6.0 PREREQUISITES TO ANNEXATION
The following information is the annexation requirements that a City must first evaluate before
processing an annexation. They may seem general and somewhat vague requirements, but they are
the requirements from the Florida Statutes regarding annexation. Typically annexations involve
annexing undeveloped tracks of land that usually do not have public facilities provided. Thus,
annexations of this type represent new costs to both the citizens and the owners of proposed
annexation lands.
However, in this case development has occurred and urban services are already being provided. The
costs associated with this annexation involve maintenance or replacement in most cases. Many of the
requirements for annexation (while applicable) are already in place.
171.042 Prerequisites to annexation.
(1) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the
municipality shall prepare a report setting forth the plans to provide urban services to any area to be
annexed, and the report shall include the following:
Response: This report is evaluating and setting forth plans to review existing conditions and
provide urban services (as applicable) consistent with the City of Cape Canaveral.
(a) A map or maps of the municipality and adjacent territory showing the present and proposed
municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the
proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use
pattern in the area to be annexed.
Response: Maps are provided within the report showing boundaries, water service areas, sewer
service areas and drainage outfalls. At this time, there are no proposed extensions required. The
general land use pattern is discussed in this report.
(b) A statement certifying that the area to be annexed meets the criteria in s. 171.043.
Response: The proposed annexation area is contiguous and reasonably compact with the City of
Cape Canaveral.
(c) A statement setting forth the plans of the municipality for extending to the area to be annexed each
major municipal service performed within the municipality at the time of annexation. Specifically,
such plans shall:
1. Provide for extending urban services except as otherwise provided herein to the area to be annexed
on the date of annexation on substantially the same basis and in the same manner as such services are
provided within the rest of the municipality prior to annexation.
Response: The urban services will be provided on substantially the same basis and in the same
manner as provided within the rest of the City of Cape Canaveral. The only exception is the City
of Cocoa Beach already provides sanitary sewer to this area. If appropriate, the City has identified
the costs to switch sewer service to the City of Cape Canaveral. It may be more cost effective to
allow the City of Cocoa Beach to maintain that service, but there are estimated costs if the City
were to take over that responsibility.
2. Provide for the extension of existing municipal water and sewer services into the area to be
annexed so that, when such services are provided, property owners in the area to be annexed will be
able to secure public water and sewer service according to the policies in effect in such municipality
for extending water and sewer lines to individual lots or subdivisions.
Response: There are no extensions of potable water of sewer services required at this time.
Potable water is provided by the City of Cocoa and the City of Cocoa Beach provides sanitary
sewer. If desirable or if required the City of Cape Canaveral could provide sanitary sewer service
and those costs are reviewed in this report.
3. If extension of major trunk water mains and sewer mains into the area to be annexed is necessary,
set forth a proposed timetable for construction of such mains as soon as possible following the
effective date of annexation.
Response: Not applicable, urban services are in place and no extensions are anticipated.
4. Set forth the method under which the municipality plans to finance extension of services into the
area to be annexed.
Response: Not Applicable, urban services are in place. However, financing other costs for
maintenance has not been fully addressed.
(2) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the
municipality shall file a copy of the report required by this section with the board of county
commissioners of the county wherein the municipality is located.
Response: Prior to the reading of an Annexation Ordinance, the Brevard County Commission will
receive a copy of this report.
171.043 Character of the area to be annexed. --A municipal governing body may propose to annex
an area only if it meets the general standards of subsection (1) and the requirements of either
subsection (2) or subsection (3).
(1) The total area to be annexed must be contiguous to the municipality's boundaries at the time the
annexation proceeding is begun and reasonably compact, and no part of the area shall be included
within the boundary of another incorporated municipality.
Response: The proposed annexation area would Predominately Square the southern boundary of
the City of Cape Canaveral.
(2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for
urban purposes is defined as any area, which meets any one of the following standards:
(a) It has a total resident population equal to at least two persons for each acre of land included within
its boundaries.
Response: There are 78 acres of real property, with over 1,200 persons residing in the annexation
area.
(b) It has a total resident population equal to at least one person for each acre of land included within
its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of
lots and tracts are 1 acre or less in size; or
Response: The annexation area meets this requirement with over 1 S persons per acre.
(c) It is so developed that at least 60 percent of the total number of lots and tracts in the area at the
time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least
60 percent of the total acreage, not counting the acreage used at the time of annexation for
nonresidential urban purposes, consists of lots and tracts 5 acres or less in size.
Response: The majority of the land area is for residential use on tracts or lots less than S acres. It
should be noted that over 90% of the area is developed.
(3) In addition to the area developed for urban purposes, a municipal governing body may include in
the area to be annexed any area which does not meet the requirements of subsection (2) if such area
either:
(a) Lies between the municipal boundary and an area developed for urban purposes, so that the area
developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by
the municipality without extending services or water or sewer lines through such sparsely developed
area; or
(b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal
boundary and the boundary of an area or areas developed for urban purposes as defined in subsection
(2)•
Response: The proposed annexation area meets subsection (2), so subsection (3) is not
applicable.
The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to
include all nearby areas developed for urban purposes and, where necessary, to include areas which at
the time of annexation are not yet developed for urban purposes whose future probable use is urban
and which constitute necessary land connections between the municipality and areas developed for
urban purposes or between two or more areas developed for urban purposes.
171.0413 Annexation procedures. --Any municipality may annex contiguous, compact,
unincorporated territory in the following manner:
(5) If more than 70 percent of the land in an area proposed to be annexed is owned by individuals,
corporations, or legal entities which are not registered electors of such area, such area shall not be
annexed unless the owners of more than 50 percent of the land in such area consent to such
annexation. Such consent shall be obtained by the parties proposing the annexation prior to the
referendum to be held on the annexation.
Response: Research on land ownership as compared with registered electors is ongoing. At
least 30.01 % of the land area has to be owned by registered voters for that area to go to
referendum or owners of at least 50% of the land area must give their consent prior to a
referendum to be held.
7.0 GENERAL SUMMARY FOR BREVARD COUNTY
Summary of an Annexation by the City of Cape Canaveral
From Brevard County, Florida District 2
Location: Generally from Grant Avenue to Young Avenue from SR AlA to the Atlantic
Ocean or the unincorporated area between the Cities of Cape Canaveral and
Cocoa Beach.
Metes and Bounds Legal Description, as provided by the Brevard County
Survey Department. The proposed annexation area is "bounded on the North
by a line beginning at the East right of way line of North Atlantic Avenue and
the North Right of way line of Grant Avenue; thence Easterly along said North
right of way line of Grant Avenue to the West line of Lot 13, Block 73, Avon
By The Sea, as recorded in Plat Book 3 page 7, Public Records of Brevard
County, Florida; thence Easterly along said North line and its Easterly
projection to the centerline of Orange Avenue; thence Southerly along said
centerline to the North right of way line of Grant Avenue; thence Easterly
along said right of way to the centerline of Ridgewood Avenue; thence
Northerly along said centerline to the Westerly projection of the centerline of
Block 76 of said Plat Book 3 page 7, Public Records of Brevard County,
Florida; thence Easterly along said Westerly projection to the mean high water
line of the Atlantic Ocean."
"Bounded on the East by the mean high water line of the Atlantic Ocean."
"Bounded on the South by a line beginning at the mean high water line of the
Atlantic Ocean and the Easterly projection of the North right of way line of
Harding Avenue; thence Westerly along said Easterly projection and North
right of way line to the West right of way line of Ridgewood Avenue; thence
Southerly along said West right of way line to the South right of way line of
Barlow Avenue; thence Easterly along said South right of way line to the East
line of Lot 7 of Replat of Blocks 104, 105 of Avon By The Sea, Plat Book 11
page 33, Public Records of Brevard County, Florida; thence Southerly along
said East line and it's Southerly projection to the North right of way line of
Young Avenue; thence Westerly along said North right of way line to the East
line of Lot 19 of said Plat book 11 page 33; thence Northerly along said East
line and the Northerly projection to the South right of way line of Barlow
Avenue; thence Easterly along said South right of way line to the Southerly
projection of the East line of the West % of Lot 14, Block 102, Avon By The
Sea as recorded on Plat Book 3 page 7, Public Records of Brevard County,
Florida; thence Northerly along said Southerly projection and East line and its
Northerly projection to the North right of way line of Harding Avenue; thence
Westerly along said North right of way line and its Westerly projection to the
East right of way line of North Atlantic Avenue (SR AIA)."
"Bounded on the West by the East right of way line of North Atlantic Avenue
(SR AIA)."
Present Use: There is a combination of vacant lands, low medium and high density
residential and commercial retail uses.
Intended Use: There is a combination of vacant lands, low medium and high density
residential and commercial retail uses.
Current County
Future Land Use: Community Commercial (CC), Neighborhood Commercial (NC)
Residential (15 & 30 Dwelling units/acre)
Current County
Zoning: Commercial (BU -1), Residential (RU -1-7, RU -1-9, RU -1-10, RU -1-15
and RU -1-30), Government Managed Lands (GML)
Proposed Zoning: Proposed Zonings would be consistent wit Commercial (C-1),
Residential (R-2 & R-3) zonings.
Acreage: 78+ acres of Real Property
Taxable Value: 64.845 Million
Total Annual MSTU: $245,000 Approximately
SERVICE AND PROVIDERS
Sewer: City of Cocoa Beach
Water:
City of Cocoa
Roadways: SR AIA maintenance is FDOT, Ridgewood maintenance is County, and the
remainder of the local streets would become Cape Canaveral's maintenance
responsibility.
Drainage: Drainage for the entire annexation area flows out the Holman Road outfall.
Fire Protection: Cape Canaveral Volunteer Fire Department
Law Enforcement: Brevard County Sheriff's Office