HomeMy WebLinkAboutAgenda Packet 11-18-1997rledge of Auegiance:
Roll Call:
Ity of Cape Canaveral
JCIL REGULAR MEETING
CITY HALL ANNEX
Avenue, Cape Canaveral, Florida
TUESDAY
November 18, 1997
7:00 P.M.
AGENDA
Proclamations: Great American Smoke Out, Sheila Knotts
World Aids Day, Randy Sprayberry
Massage Therapy Awareness Month, Linda Solien-Wolf
Public Hearings
Ordinances
Motion to Approve: Ordinance No. 12 — 97, Long Point Park Comprehensive Plan
Amendment.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE
SECOND SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-2,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF
THAT CERTAIN PROPERTY DESCRIBED AS LOT 1, BLOCK A, SUBDIVISION 01 IN
RANGE 37, TOWNSHIP 24, SECTION 22; ALSO KNOWN AS 204 LONG POINT ROAD,
CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS
OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN
AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
2. Motion to Approve: Ordinance No. 14-97, Amending Chapter 110, Division 4,
Amendments and Rezoning
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND
REZONING, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES
AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
❑ FILENAME \' Lower\p \' MERGEFORMAT Oe:\cityclerk\cityclk\agenda\regolar\1997\I1-I8-97.docD
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 14071 868-1200 0 FAX (407) 799-3170
City Council Regular Meeting Agenda
November 18, 1997
PAGE 2
Motion to Approve: Ordinance No. 15-97, No camping on the beach.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 50, OFFENSES AND MISCELLANEOUS
PROVISIONS, BY ADOPTING A NEW SECTION 50-4, OVERNIGHT CAMPING
PROHIBITED, BY PROVIDING FOR THE PROHIBITION OF CAMPING WITHIN
THE STREET RIGHTS OF WAY, BEACH ENDS AND DUNE CROSSOVERS;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolutions:
4. Motion to Approve: Resolution No. 97-42, Appointing a Council Representative
to the LPA
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING ONE (1) DELEGATE AT LARGE TO THE LOCAL
PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
Motion to Approve: Resolution No. 9743, the Garbage Contract Extension with
USA Waste
6. Motion to Approve: Resolution No. 97-41, Appointing a successor Council
Member to serve until the November 1998 Municipal Election
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER 1998
GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
Considerations:
7. Motion to Approve: September 23, 1997, Final Budget Special Meeting Minutes
September 16, 1997, Regular Meeting Minutes
8. Motion to Approve: Juvenile Assessment Center donation
9. Motion to Approve: Employee Christmas Bonuses
10. Motion to Approve: State Revolving Loan Fund, Amendment #1— Reclaimed
Water Reuse Facilities
City Council Regular Meeting Agenda
November 18, 1997
PAGE 3
11. Motion to Approve: Transportation Impact Fee Disbursement Agreement with
Brevard County in the amount of $60,000 for the SR Al
pedway project.
12. Motion to Approve
13. Motion to Approve
Discussion:
Reports:
14. City Manager's Report
Outdoor Entertainment Permit for the 2"d Annual Reindeer
Run and Walk scheduled for December 13, 1997.
Land Lease with the Canaveral Port Authority
AUDIENCE TO BE HEARD:
Comments will 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.
REPORTS CONTINUED:
1:�17�[IIi1:7►1u 1 �1►Y a
Pursuant to Section 286.1015, 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: 11-18-97
AGENDA
Heading
Ordinances
Item
1
No.
the public services and facilities, environmental description, historical and archaeological resources, population
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE -NO. 12-97, LONGPOINT PARK SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT
DEPT./DIVISION: GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of Ordinance No. 14-97.
Summary Explanation & Background:
This ordinance provides for the amendment of the future land use map for the property described in the attached
application. The future land use map will be changed from R-3 to Public Recreation.
The attached data analysis prepared by City Planner Todd Peetz outlines the description, of the amendment area,
the public services and facilities, environmental description, historical and archaeological resources, population
projections & trends and the consistency with the comprehensive plan in the amendment area.
This amendment was recommended by the LPA & P&Z Boards on 10-08-97.
Exhibits Attached:
Ordinance No. 12-97; Application for small scale comp plan amendment
City Magagerls Office
Department GROWTH MANAGEMENT
council\meeti 9-18-97\12-97.doc
City of Cape Canaveral
Building Department
(Please Print Legibl,, or Type)
DATE FILED 9/24/97 FEE PAID EXEMPT DEPOSIT EXEMPT
RECEIVED BY BUILDING DEPARTMENT S 250.00 FILING FEE IS NON-REFliNDABLE
NATURE OF REQUEST
SPECIAL EXCEPTION VARIANCE X COMP. PLAN APPEAL CODE AMENDMENT
(IF REQUEST IS FOR A TEL ECOLIMUNICATIONS TOWER ATTACH SHEET # 1 OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
REQUEST TO CHANGE COMPREHENSIVE PLAN FUTURE LAND USE MAP AS ADOPTED BY THE CITY
OF CAPE CANAVERAL, RELATING TO A PARCEL PRESENTLY" DESIGNATED AS MEDIUM DENSITY
RESIDENTIAL ON THE FUTURE LAND USE MAP. TO PUBLICiRECREATION AREA
Address of request 204 LONGPOINT ROAD
Legal Desc. LOT 1 TRACT A SUB. LONGPOINT TWP. 24S Range 37 E SEC. 22
STATEMENT OF FACT: State of Florida, County of Brevard;
I, BENNETT BOUCHER being duly sworn, depose and say that:
I am the owner.
X I am the owner's designated agent.(Attach notarized letter of authorization)
Owner's Name Citv of Cane Canaveral
Address 105 Polk Avenue P.O. Box 326 City _Cape Canaveral State_FL Zip_32920
Home Phone # N/A Work Phone #—(407) 868-1230 Other
(If other than owner)
Applicant's Name Bennett Boucher, City Manager
Address same as above City State Zip
Home Phone # Work Phone # Other
ZA
All information, sketches and data contained and made part of this request, are honest and true to the best
knowledge belief.
o
of my and
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_
Sworn to and subscribed before me Tt
this 25th d5,of September , 19 97 ,
Z !a
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/ ` �Y--Sig`ia'ture of Applic-ant—
to CL
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H V
Notary Public, State of Florida
--------------------------------------------------------------------------------------------------------------------------------
A
The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special
s
���
Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request
for 30 days Planning & Zoning Board Request for Telecommunications
rezoning, prior to the meeting; Towers. sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
------------------------------------------------------------------------------------------------------------------------------------------------
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No. /!, on
Notice posted on Bulletin Board on
Notice posted on subject property on Prop. owners within 500 ft. notified on
ORDINANCE NO. 12 - 97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING THE SECOND SMALL SCALE PLAN
AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-2, WHICH SHALL
AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT
CERTAIN PROPERTY DESCRIBED AS LOT 1, BLOCK A, SUBDIVISION 01 IN
RANGE 37, TOWNSHIP 24, SECTION 22; ALSO KNOWN AS 204 LONG POINT
ROAD, CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE
AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida
to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and
WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of
Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and
WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the
amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established
procedures for amending the 1988 Plan; and
WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan
amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A" and incorporated
herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1997 as
a single amendment; and
WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of
small scale amendments; and
WHEREAS, on October S. 1997, the Planning and Zoning Board and the Land Planning
Agency, in accordance -,vith the procedures in the Cape Canaveral code, held a duly noticed public hearing
on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested
parties submitting comments, and recommended to the City Council that the 1988 Plan be amended and
that the Amendment be submitted to the Department of Community Affairs: and
City of Cape Canaveral, Florida
Ordinance No. 12-97
Page 2
WHEREAS, the City council of the City of Cape Canaveral is hereby electing to proceed under
the single -hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida Statutes; and
WHEREAS, on 1997, the City Council held a duly notices public hearing
on the proposed Amendment and considered findings and advice of the City staff, citizens, and all
interested parties submitting written and oral comments, and the recommendation of the Land Planning
Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the
Department of Community Affairs; and
WHEREAS, th-p"Amendment adopted by this Ordinance complies with the requirements of the
Local Government Comprehensive Planning and Land Development Regulation Act.
NOW, THEREFORE, 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 true and correct and incorporated herein by
reference.
SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the
Local Government Comprehensive Planning and Land Development Regulations act, Sections 163.3 184,
163.3 187, and 163.3 189, Florida Statutes.
SECTION 3. Puroose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand. correct, update, modify and otherwise further the provisions of the 1988 City
of Cape Canaveral Comprehensive Plan.
SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale
Comprehensive Plan Amendment CPA -97-2 to the 1988 Comprehensive Plan, the City of Cape Canaveral
Future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto.
SECTION 5. Effective Date and Le2al Status of the Plan Amendment. The effective date of this
small scale development plan amendment shall be thirty-one (3 1) days after adoption, unless the
amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective
date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or
the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida
City of Cape Canaveral, Florida
Ordinance No. 12-97
Page 3
Statutes. No development orders, development permits, or land uses dependent on this Amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this Amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date of this Amendment, the
comprehensive plan amendment stated in Section 4 shall amend the 1988 Comprehensive Plan and become
a part of that plan, and the plan amendment shall retain the legal status of the 1988 City of Cape Canaveral
Comprehensive Plan, as amended.
SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby
designated to sign a letter transmitting this small scale development amendment to the Department of
Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-1.015,
Florida Administrative Code.
SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and
resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of
the conflict or inconsistency.
SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion
hereof, any paragraph, sentence, or word be declared by the Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared
invalid.
SECTION 9. Effective Date. The effective date of this plan amendment shall be the date a fmal
order is issued by the Department of Community Affairs or Administration Commission finding the
amendment in compliance in accordance with Section 163.3184, Florida Statutes.
City of Cape Canaveral, Florida
Ordinance No. 12-97
Page 4
ADOPTED BY the City Council of the City of Cape Canaveral, Florida in a regular meeting
assembled on the day of 11997.
John K. Porter, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
City of Cape Canaveral
Proposed Small Scale Plan Amendment 97S.2
Applicant:
Location:
Acreage:
Current Future Land Use:
proposed Future Land Use:
Current Zoning:
City of Cape Canaveral
Range. 37 Townships 24 Section. 22
Sub: 41 Block: A Lots 1
Approximately 114 of an acre
ResidentW R-3
Rx=eation/Public
Residential R-3
Mseription of Amendmtnt Arca:
The subject parcel is presently vacant. The subject parcel is located approximately 25o feet west of
State Route AIA_ It is situated between csdsting commercial (east), existing srngle& mily residential
(west), existing multi -family (north) and town homes (south). -The Future Land Use and Zoning
designations portray a similar pattern as the existing uses. There is "R-3" CDuplex/NUta Family a
maximum of 15 dwelling units per acre), to the north. There is "R-1 " (Low Density Residential;
Mwdmum of 5.808 lots/acral to the west and south. These is "C-1 " (Conmusrciai: zoning regulations
unpose a vanety of requirements, depending upon type of use), to the east.
The subject parcel is .28 of an acre and is being proposed for recreational use. The parcel will serve
as a buffer betweca an" cvmmercid and existing single family residential. Its function well be to
serve as a neighborhood park. A wooden fence exists and a chain link fence that will physically
separate and fi=her buffer the adjacent uses will be added.
Public Services and Facilities in Amendment Arca:
The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents.
Approximately fourteen (14) acres of park land exist with 8,492 residents in Cape Canaveral. This
equates to 1.65 acres of park land per 1,000 residents. The additional 38 of an acre of park land
would enhance the existing Level of Savice condition and equate to 1.68 acres of park land per 1,000
residents.
State Route AIA is operating at Level of Service "C" with 1,858 peak hour trips. The maximum
Peak -hour volume acceptable is 2,940 represcating a LOS of M". The proposed change could
potentially generate 1.05 trips per day and would not create a traffic deficiency.
The City of Cape Canaveral provides waste water treatment. The waste water treatment capacity
-is -1.8 million gallons per day (MGD). The existing usage is 1.1 MGD with an excess capacity of
.7 MGD. No change to the existing level of service is anticipated because the park will not have
sewer facilities at this time.
The City of Cocoa has a capacity of 56 MGD and currently provides 46.5 MGD. Approximately
9.5 MGD of water is available. No change to the existing level of service is expected because
the park will not have water facilities at this time.
Brevard County provides facilities for solid waste disposal. At this time, the County does not
foresee any deficiency with their solid waste facilities. Minimal solid waste is expected to be
generated by the subject parcel as a neighborhood park facility.
Environmental Description of Amendment Area:
The subject parcel is vacant; however, it has been improved and is centrally located between
existing development. There are no wetlands, floodplains or aquifer recharge soils or conditions
associated with the subject parcel. The Brevard County Soil Survey Map has categorized the
subject parcel as "Ur" - Urban Land. The parcel is .35 of an acre and there are no known
endangered species identified on site or in the area adjacent to the subject parcel.
Historical and Archaeological Resources in Amendment Area:
There are no known historic or archaeologic sites located on site or in the area surrounding the
subject parcel.
Population Projections and Trends:
The proposed amendment is one parcel, comparable to one residential lot and will not affect
population projections.
Consistency with the Comprehensive Plan:
This amendment is consistent with the following Comprehensive Plan Objectives:
Future Land Use Element
"Objective LU -1: The City shall coordinate future land uses with the appropriate
topography, soil conditions, and the availability of facilities and services. "
The proposed amendment is within acceptable level of services standards and does not impact
existing environmental conditions.
"Objective LU -3: The City will work toward the elimination or reduction of uses
=inconsistent with the community's character and future land uses. "
The proposed amendment is a compatible use with residential and commercial uses. This
amendment would provide open space that would buffer the commercial area from the
residential areas.
"Objective LU -4: The City shall enforce its regulations for protection of natural resources
and historic resources. "
As describe above, there are no known historic or archaeological sites on-site. There are no
detrimental environmental conditions observed on-site.
"Objective LU -6: The City shall attempt to prevent urban sprawl. "
The City encourages the infill of vacant parcels. The amendment would infill a vacant parcel
and provide recreation and open space for local residents.
Recreation and Open Space Element
"Objective R-3: The Citv shall determine its need to develop, own and manage open space
areas. "
Consistent with Objective R-3, the City determined that a park location was appropriate on Long
Point Road. Then included purchase and development of the subject parcel in the Capital
Improvements Program and successfully sought grant funding for development. Public input
was taken at each of the public hearings discussing these issues.
"Objective R-4: As deficiencies in recreation facilities are identified, the City shall seek
new areas and facilities to overcome the deficiencies. "
The City is currently not deficient on its level of service for recreation and open space.
However, the amount of recreation and open space is slightly above (65 of an acre) the required
level of service. The use of this parcel for recreation only enhances the City's current level of
service.
SUBJECT PARCEL
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LOCATION OF SMALL SCALE PIAN AMENDMENT 975.2
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CITY OF CAPS CANAVERAL
LOCAL COMPRSMIMIYY3 PLAN
FUTURE LAND USF )AAP
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The Times
Published Weekly on Wednesday
he Sitar Advocate
Published Weekly on Wednesday
The Tribune
Published Weekly on Wcdncsday
The Bay Bulletin
Published Weekly on Wcdncsday
Published Daily
STATE OF FLORIDA
COUNTY OF BREVARD
Before the undersigned authority personally appeared MELISSA ANNITTO who on
TO-12f934-1T-11/8,1997-Sa1.
LEGAL ADVERTISING CLERKCD
oath says that she is
OTICE OF
VE
PLAN AMENDMENT`,.
FLORIDA TODAY
of the a newspaper published in Brevard County,
A PUBLIC NEARING on the
FUTURE LAND USE ELEMENT
LEGAL NOTICE
AMENDMENT will be held by the
City Council of the City ppitCape
copy of advertising being a
Florida; that the attached co g g
Canaveral, an Wednesday, No-
vember is, 1907, at 7:00 P.M. In.
the City Halt Annex, 111 Polk
--� --- "--'— in the m=atter of
Avenue, Cape Canaveral,
--`
CITY OF CAPE CANAVERAL
Florida.
Council will cetliider
the recommendations made by
the City of Cape Canaveral Plan-
ning and Zoning Board and Local
.
Planning Agency by reviewing
in theCourt
the following proposed amend -i
ment to the City's Code of
Ordinances: .1
ORDINANCE NO. 12-97
ORDINANCE NO, 12-97
ORDI
AN ORDINANCE OF THE
CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORI-
DA, RELATING TO COMPRE-
HENSIVE PLANNING; SET-
TING FORTH AND ADOPTING
FLORIDA TODAY NEWSPAPER
THESECOND
was published in the
AS PROVIDED IN CPA -97-2,
WHICH SMALL AMEND THE
NOVEMBER 8 1997
COMPREHENSIVE PLAN FU -
in the issues of r
TURE LAND USE _MAP _OF
Affiant further says that the said FLORIDA TODAY NEWSPAPER
is a newspaper published in said Brevard County, Florida. and that the said newspaper has
heretofore been continuously published in said Brevard County, Florida, regularly as stated above,
and has been entered as second class mail matter at the post office in MELBOURNE
said Brevard County, Florida, for a period of one year next preceeding the first publication of the
attached copy of advertisement: and affiant further says that she has neither paid nor promised any
Derson, firm or corporation any discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in said newspaper.
411,; )
(Signature of Affiant)
Sworn to and subscribed before me this 8 day of NOVEMBER
19 9 7 Z "
r
C2 ��
12,��
`P{7V OFFICIAL NOTARYSEAL (Signature of Notary Public)
,oL
O e�� LINDA L BRAUD
C08MOSION NUMBER
c Q CC640684 —
�JF Q�Q My COMMfSMON EXPIRES
OF R.MAY 4.2001
Personally Known
LINDA L. BRAUD
(Name of Notary Typed. Printed or Stamped)
or Produced Identification
Type of Identification Produced
legal-anidavit
AND PROVIDING FOR AN EF-
FECTIVE DATE. . -
Acopy of the Proposed ordi-
nanceand map is on Hie In Me
office of the City Clerk and i
may be viewed during regular i
working hours, Monday!
through Friday, 8:30 N.M. toy
S Interested parties in Invited
to attend this meeting and bol
heard. Any person who decides i
to appeal any decision made
With respect to any Matter con
sldered at this meeting will
need to ensue that a verbatim
record of the Proceedings is
made, which record Includes
the t tfimony and evidence
UP
on 1Ch the appeal
Is t0 b27
based
Sandra Ro=w Sims, CMC `
City Clerk
CITY OF CAPE CANAVERAL
LOCAL PLANNING AGENCY
MEETING MINUTES
OCTOBER 8, 1997
A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on
October 8, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The
meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll.
MEMBERS PRESENT
Beatrice McNeely
Chairperson
Lamar Russell
Vice Chairperson
Donald Bergen
Joe Elliott
John Fredrickson
Leo Nicholas
Rocky Randels
Delegate at Large
Tony Hernandez
Delegate at Large
OTHERS PRESENT
John Porter
Bennett Boucher
G. J. Moran
Nancy Hanson
Todd Peetz
Kohn Bennett
Susan Chapman
PUBLIC HEARING:
Mayor
City Manager
Building Official
Recreation Director
City Planner
City Attorney
Board Secretary
1. Recommendation to the Planning & Zoning Board to Amend the Comprehensive Plan
Future Land Use Map of Lot 1, Block A, Subdivision 01, Section 23, Township 24
South, Range 37 East (204 Longpoint Road) - Bennett C. Boucher, Representative for the
City of Cape Canaveral.
Chairperson McNeely stated for the record that proper notice had been given of this meeting; the
Board would have respect for all opinions; however, the Board was looking for competent
substantial evidence regarding this matter and presentation of facts; the property had been
identified along with the description of the land; exhibits needed to be identified; if experts were
giving testimony, their credentials needed to be stated.
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 2
Todd Peetz, City Planner; Corporal Robert Barry, Brevard County Sheriff's Department; and
Nancy Hanson, Recreation Director; Michelle Lehr, Donald Arabian, Christy and Robert Raber,
citizens were sworn in by City Attorney Bennett.
City Manager Boucher explained that the Board had a request before them on behalf of the City
of Cape Canaveral for an amendment to the future land use map designating the property
identified from R-3 to Recreation. Mr. Boucher introduced Todd Peetz, City Planner as an
expert witness.
City Planner Peetz, with Ivey, Harris and Walls, Inc. explained that he has been retained by the
City regarding many future planning issues. His experience in planning included a B.A. in
Geography from Kent State University and a Masters in City and Regional Planning from Ohio
State University; his first position with Brevard County was working in the Planning Division
for 6 1/2 yrs., while working with Brevard County, he worked with the City preparing their
Evaluation and Appraisal Report (EAR) and a future redevelopment plan. Mr. Peetz handed his
resume to the Board Secretary. He advised that he performed the data analysis for the small
scale plan amendment and provided a future land use map depicting the subject parcel to be
changed from R-3 to Recreation and exhibiting the surrounding properties zoning districts
(Exhibit A). Mr. Peetz also distributed a copy of the city's zoning map outlining the subject
parcel (Exhibit B). He presented the data analysis and explained that this request was small scale
plan amendment No. 975.2; located in Section 22, Township 24 South, Range 37 East,
Subdivision 01, Block A, Lot 1; approximately 1/3 of an acre; current future land use was R-3
residential; the proposed future land use was Recreational/Public; the current ' zoning was R-3
residential; the subject parcel was presently vacant; the parcel will serve. as -a buffer between
commercial and the residential area; the parcel intent was to be used as a neighborhood park; a
wooden fence existed and a chain link fence was proposed that would further physically separate
the adjacent land uses as well as a proposed vegetative buffering around the fenced area; the
city's level of service was one acre of park land per 1,000 people; as of 1997, the city had 8,492
residing with 14 acres of existing park land, equating to 1.65 acres of park land per 1,000
people; the proposed amendment would enhance the level of service (LOS) to .169 acres per
1,000 people; AlA was currently running on a level "C" with 1,858 trips per day; the maximum
acceptable LOS is "E", 2,940 trips per day; this proposed amendment would only generate 1.05
trips per day and would not create a traffic deficiency, based on the type of park and parcel size;
there would be no change to the existing LOS of waste water treatment anticipated because the
park will not have sewer facilities at this time; there would be no change to the existing LOS in
water capacity because the park will not have water facilities at this time; the County does not
foresee any deficiency with their solid waste facility since minimal solid waste is expected to be
generated; the subject parcel is vacant; however, it was improved and is centrally located
between existing development; the Brevard County Soil Survey Map categorized the subject
parcel as Urban Land; the parcel is .35 of an acre; there are no endangered species living in or
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 3
around the parcel; there are no known historic or archaeological sites located on site; the
proposed amendment is one parcel, comparable to one residential lot and will not affect
population projections; and this amendment was consistent with applicable Future Land Use, and
Recreation and Open Space Objectives of the Comprehensive Plan. Brief discussion followed
regarding Mr. Peetz' analysis. Mr. Peetz added that a "neighborhood park" was basically
identified as a park to serve people who walk within a 1/2 mile radius and designed for children
5 to 12 yrs. old. He clarified that a park was a permissible use in the R-3 zoning district by
special exception.
Michelle Lehr, 210 Longpoint Road stated that she was in opposition of the park being located
on Longpoint Road; presently there was litigation against the City regarding the park issue; her
attorney was unable to be at the meeting; however, he gave her points to bring to the Board's
attention; due to personnel illness she was unaware of this meeting until the day before this
meeting and she was not considered an expert witness. She testified that the parcel was .288
acres, not .35 excluding the right of way or easement that belongs to the City, information
obtained from the Brevard County Tax Rolls. Mr. Russell queried how the size was germane to
the issue. Ms. Lehr responded that it was not reputed prior and that regardless of how much
other recreation land that the City had, that the standards in the comprehensive plan was one acre
per 1,000 people for each use, not a combined use divided by the population. She pointed out
that the subject parcel was far less than one acre and there were more than 1,000 people around
the area that would have access to the park across AIA and West of AIA. Ms. Lehr further
testified that the recreational use would constitute spot_ zoning and would benefit only a small
segment of the population; would be inconsistent with the residential- character of the
neighborhood; the existing land use designation was not shown to be incompatible with the
surrounding land use; according to the comprehensive plan, City official's felt the existing parks
are under used; citizens were not complaining of lack of facilities; the recreational land use of
Lot 1 would be inconsistent with other elements of the Comprehensive Plan; other adequate
recreational land use existed pursuant to the Comprehensive Plan; other land should be
considered for recreational land use, since Lot 1 if amended, would be incompatible with uses to
the west and east of the property; there was an alternate property located in the area where the
playground was most needed by the 25 to 35 children on Columbia Drive; this alternate lot is
located in the middle of a block, away from traffic on a street that needs a park; there were no
children, under the age of 14 living on Longpoint Road; the park was not consistent with the
residents of Longpoint Roads' style of living; there was no available parking; the park is
presently located adjacent to high voltage from a transformer, lift station and emissions pollutants
which were hazards to the health, safety and welfare of the public which should be the City's
first concerns; there was no one in her neighborhood that would use the park; the City had a
responsibility to all its citizens to make all of the facts known; no substantial changes had
i .
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 4
occurred which would justify a land use change; the present playground can not be justified since
it exists prior to the comprehensive plan change; under the present code, the City would require
new developments to provide recreational facilities for its residents. Ms. Lehr compared Lot 1,
Longpoint Road with an alternate lot where a park could be located on Columbia Drive. She
entered Recreational Board Meeting Minutes, September 28, 1992 (Exhibit A). Ms. Lehr
questioned if the City was now the property owner of Lot 1. Mr. Boucher responded that the
City was the leasee of the property. Ms. Lehr requested a copy of the notarized affidavit from
the owner authorizing the city to act on her behalf for the change to the Comprehensive Plan.
Ms. Lehr respectfully requested that the Board postpone its recommendation concurrent with the
Motion for Stay granted by the Board of Adjustments for the stay of use of the park until the
court has made a decision about whether the park will be there or not. She reiterated that this
request was considered "spot zoning" which was illegal and in violation of Section 1.63T.S. and
if the City pursued for the amendment to the comprehensive plan for the recreational use of Lot
1, Longpoint Road, the residents of Longpoint Road would make formal charges against the City
with the Florida Department of Community Affairs for violation of the 1985, Gross Management
Act.
Attorney Bennett clarified that this was a request to amend the "future" land use map, not
change the current zoning of the property.
Chairperson McNeely clarified that opinions needed to be justified with facts and competent
substantial evidence.
City Manager Boucher advised that City Council was acting on behalf .of a majority of the
residents of the neighborhood. He submitted a total of (34) citizen requests in favor of the
Longpoint Road Neighborhood Park (Exhibit A). Mr. Boucher entered into the record the
memorandum from the Recreation Director, dated June 3, 1997, addressed to City Council,
stating that the Recreation Advisory Board, at their June 2, 1997 meeting, unanimously
recommended to the City Council that this park be approved (Exhibit B). Mr. Boucher advised
that a majority of the requests were from residents from Columbia Drive and none were from
residents of Longpoint Road. Attorney Bennett clarified that meeting minutes were factual and
not considered expert testimony. Mr. Boucher explained the procedure of this administrative
reclassification of the future land use map. He added that this action was considered a separate
action from the Board of Adjustments granted Stay.
Attorney Bennett clarified that the court judge had ruled that all of the opponents arguments
regarding inconsistency were not timely, not allowed and its the wrong forum. There was only
one issue before the judge. He advised that Ms. Lehr was incorrect in stating that the judge
would determine whether or not -its use. The only issue before the judge was whether or not
there was a fair hearing at the Board of Adjustment meeting. If the judge determined that there
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 5
was not a fair hearing, then he will simply Order a rehearing, he will not Order the non-use.
There were no other issues for the judge to render a decision regarding this issue.
Building Official Moran asked Mr. Peetz to give a definition of a "neighborhood". Mr. Moran
stated that he never heard of a neighborhood being considered one street. Mr. Peetz advised that
the City described a "neighborhood" as a 1/2 mile radius. Mr. Peetz advised that the City was
procedurally correct in this request.
Mr. Fredrickson questioned the Recreational Board Meeting Minutes of September 28, 1992,
why, if the Board did not feel at that time, it was not a good place to build a park, how come it
was suddenly a good place to build it there now. Attorney Bennett responded that obviously the
Board reconsidered the location and changed their mind. Mr. Randels added that the majority of
the Board members had changed.
Christy Raber, 215 Longpoint Road questioned what changed since 1992 to make this land
desirable in 1997. Attorney Bennett responded that she needed to address that question to the
Recreation Board. She questioned since there were two pieces of land discussed for a park, why
the City was only considering changing one of them on the future land use map, especially since
the park was more needed on Columbia Drive. Chairperson McNeely stated that the Board
could not answer that question. She also questioned why the residents of Longpoint Road were
not notified to present letters at this meeting like the people on Columbia Drive that were entered
as an exhibit at this meeting. Mr. Bennett responded that the letters were not orchestrated. He
explained that since the park was closed, the people had come into City Hall with their letters
petitioning the City to have the park reopened. Mr. Raburn stated that all .the attempts from the
residents of Longpoint Road had been ignored. Vice Chairperson Russell questioned if this
public meeting had been published in the newspaper. Chairperson McNeely advised that the
proof of publication was included in the Board packets. Mr. Russell explained that if the
opposition saw that publication and they chose to submit a packet of letters or evidence, they
could do that. He clarified that it was a public notification. Ms. Raburn stated that she could
not understand why the City chose the lot on Longpoint, especially since the lot on Columbia
Drive had been offered to the City for a cheaper price of $79,000. Mr. Boucher responded that
he had no proposal from any owner offering that property. Mr. Boucher added that the property
on Longpoint was well under the amount the City received from the grant money and that the
City had looked at alternative sites. Mr. Boucher explained that the lot on Longpoint had a lot of
vegetation and nice shady trees, the City planned to plant a vegetative buffer, and was a perfect
setting for a nice park.
Donald Arabian, 209 Longpoint Road, stated that he envisioned that the question before the
- Board was where the park should- be located. He testified that he personally talked to the owner
of the lot on Columbia Drive and the owner had stated that no one had ever contacted him about
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 6
that property. He advised that the owner would sell it for about the same price as the property
on Longpoint Road. He quoted the price of $84,500 for the lot on Columbia Drive.
Ms. Raber left the meeting to obtain the name and number of the property owner. Ms. Raber
handed the owner's name and phone number to the Secretary. Brief discussion followed.
Attorney Bennett clarified that if the Board wished to pursue the other lot, they would need to
initiate a new ordinance -and re -advertise the public hearing.
Ms. Lehr testified that the residents of Longpoipt Road had presented a compromise to the City
Manager, prior to any litigation being started and also to Mayor Pro -Tem Randels, to be
presented to City Council on the residents of Longpoint Roads' behalf for a passive park and it
would not have had a playground. They had offered to plant vegetation and install walkways and
benches making it into a passive park. They never heard anything back regarding the offer.
Discussion followed. Ms. Lehr advised that a passive park would not be conducive to the kind
of atmosphere that children would want to come and play at because there would be no
playground equipment. She reiterated that she wished that the Board not make a decision, in
order to give the residents of Longpoint Road to come back with their attorney and make a
proper presentation. Attorney Bennett pointed out that the Local Planning Agency would only
make a recommendation in this matter to City Council. Chairperson McNeely clarified for Ms.
Lehr that having an attorney did not justify having an expert witness.
Mayor Porter testified that this park was one of the issued he pushed for since the early days
when he was a council member in that the City needed a park on the West side' -of AlA. He had
heard a lot of talk about the alternative property on Columbia. He advised that the City had
approached the owner and asked if he would rent the lot to the City while the City went about
applying for grants because, the City was not going to take money from the treasury to buy a
piece of property for this neighborhood park, because it was not a budgeted item. He added that
the City thought it would be a good strategy to rent the property until the grant was acquired as it
could take years to bring in the grant. The property owner had responded "no, absolutely not"
The City had considered property at the West end of Longpoint. The residents did not want it
their either. He advised that the lot on Longpoint was an ideal location, with beautiful trees, a
city right of way giving access to the children from Columbia Drive and it was a well
documented problem that the City needed a park in that area. He recalled that when the passive
park was presented, that attitude was that if the City did not accept their offer, then they were
going to sue the City. He added that a this park served a neighborhood not just one street.
Discussion followed. Mr. Hernandez clarified that the playground equipment was moved into
the City right of way as requested by the residents close to the park.
LOCAL PLANNING AGENCY MEETING
MEETING MINUTES
OCTOBER 8, 1997
PAGE 7
Robert Raber, 215 Longpoint Road, asked the Board to postpone any recommendation until they
could provide an expert witness with expert opinions. Chairperson McNeely reiterated that this
Board would only be making a recommendation regarding this matter.
Chairperson McNeely recapped that it was pointed out to the Board the many opinions had been
entered into this request. She advised that the Board should be very selective in what they chose
to make their decision on.
Motion by Mr. Hernandez, seconded by Chairperson McNeely to recommend approval to amend
the Comprehensive Plan Future Land Use Map of lot 1, 204 Longpoint Road as presented in
Proposed Small Scale Plan Amendment 97S.2 to the Planning & Zoning Board. Motion carried
by majority vote with members voting as follows:
Donald Bergen, for
Joe Elliott, for
John Fredrickson, against
Tony Hernandez, for
Bea McNeely, for
Leo Nicholas, for
Rocky Randels, for
Lamar Russell, for
There being no further business the meeting was adjourned at 9:50 P.M.
Approved this aa^d day of pGAobe r , 1996.
—17
4eatrtc�eMcNeely, Vice Chairman
7zz�
Susan L. Chapman, Secretary
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA REPORT
AGENDA
Heading
Ordinances
It=
2
No.
I recommend approval.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE—NO. 14-97, AMENDING SECTION 110-137, AMENDMENTS AND
REZONING
DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT
Requested Action:
That the City Council adopt Ordinance No. 14-97 amending Section 110-137, amendments and rezoning.
Summary Explanation & Background:
The Planning & Zoning Board recommended this amendment at the October 8, 1997 meeting. This proposed
ordinance would adopt the state statutes as the procedure for adopting zoning and comprehensive plan
amendments.
I recommend approval.
Exhibits Attached:
Ordinance No. 14-97; Existing Section 110-137
City ' Office ,
Department PLANNING & ZONING/GROWTH
MANAGEMENT
"g. d a cil\meeting\1997Y r-44W\14-97.doc
ORDINANCE NO. 14-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 1109 DIVISION 4,
AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137,
PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 110-137, Procedure, of the Code of Ordinances is hereby repealed
in its entirety and the following is adopted in lieu thereof
(a) The procedure for a zoning classification change or any comprehensive plan
amendment shall be the procedure as adopted or promulgated by the State of
Florida in Chapter 163 and Chapter 166, Florida Statutes.
(b) Any amendment to this chapter, other than a zoning district boundary change,
may be proposed by:
(1) The city council.
(2) The planning and zoning board.
(3) Any department or agency of the city.
(4) Any person.
(c) All proposed amendments, other than a zoning change contained in subparagraph
(a) above, shall be submitted to the planning and zoning board for study and
recommendation. The planning and zoning board shall study such proposals to
determine.
(1) The need and justification for change.
(2) The relationship of the proposed amendment to the purpose of the city's
plan for development, with appropriate consideration as to whether the
proposed change will further the purposes of this chapter and the plan.
(d) The planning and zoning board shall submit the request for change or amendment
to the city council with written reasons for its recommendation.
City of Cape Canaveral, Florida
Ordinance No. 14-97
Page 2
(e) The procedure for the adoption of any ordinance amending this chapter shall be in
conformance with the notice and meeting requirements as codified in Section
166.041, Florida Statutes, as amended.
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of
an ordinance or resolution, in conflict herewith are repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
of
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
1997.
John K. Porter, MAYOR
ATTEST: FOR AGAINST
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
D:\citycle&CityClk\Ordinances\ZONING\Rezonings. doc
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
Posted:
Publish:
First Reading: October 21, 1997
Second Reading:
day
§ 110-122
Sec. 110-122. Hotels and motels.
CAPE CANAVERAL CODE
Certificates of occupancy issued for hotels and
motels shall be issued for the entire hotel or motel
project up to 150 units and after 150 units shall be
issued in minimums of 50 units per each certifi-
cate of occupancy. All units within any one
building of a hotel or motel shall be completed
before a certificate of occupancy is issued.
(Code 1981, § 645.08)
Secs. 110.123-110-135. Reserved.
DIVISION 4. AMENDMENTS AND
REZONINGS
Sec. 110-136. Authority.
The sections, restrictions and boundaries set
forth in this chapter may, from time to time, be
amended, supplemented, changed or repealed in
the manner prescribed by law and this division.
(Code 1981, ch. 647)
S5ec. -110.137._ Procedure
(a) A zoning district boundary change may be
initiated by:
(1) The owners of at least 75 percent of the
property described in the application.
(2) Tenants with the owners' sworn consent.
(3) Duly authorized agents evidenced by a
written power of attorney.
(4) The city council.
(5) The planning and zoning board.
(6) Any department or agency of the city.
(b) Any amendment to this chapter, other than
a district boundary change, may be proposed by:
(1) The city council.
(2) The planning and zoning board.
(3) Any department or agency of the city.
(4) Any person.
(c) All proposed amendments shall be submitted
to the planning and zoning board for study and
recommendation. The planning and zoning board
shall study such proposals to determine:
(1) The need and justification for change
(2) When pertaining to the rezoning of land,
the effect of the change, if any, on the par-
ticular property and on surrounding prop-
erties.
(3) When pertaining to the rezoning of land,
the amount of undeveloped land in the gen-
eral area and in the city having the same
classification as that requested.
(4) The relationship of the proposed amend-
ment to the purpose of the city's plan for
development, with appropriate consider-
ation as to whether the proposed change
will further the purposes of this chapter and
the plan.
(d) The planning and zoning board shall submit
the request for change or amendment to the city
council with written reasons for its recommenda-
tion within 30 days following its official action on
the request. The city council may extend this time
limit for good cause.,
(e) No recommendation for change or amend-
ment may be considered by the city council until
due public notice has been given of a public
hearing. Public notice of the hearing shall be given
only after the planning and zoning board has sub-
mitted its recommendation concerning the change
or amendment, and the public notice of the hearing
shall be given at least 14 days in advance of the
hearing by the publication in a newspaper of reg-
ular and general circulation in the city, and no-
tice shall be posted at city hall.
(f) A courtesy notice may be mailed to the prop-
erty owner of record within a radius of 500 feet;
provided, however, failure to mail or receive such
courtesy notice shall not affect any action or pro-
ceedings taken under this division.
(g) When any proposed change of a zoning dis-
trict boundary lies within 500 feet of the boundary
of an incorporated or unincorporated area, notice
may be forwarded to the planning and zoning
board or governing body of such incorporated or
CD110:22
.. ZONING
unincorporated area in order to give such body an
opportunity to appear at the hearing and express
its opinion on the effect of such district boundary
change.
(h) When the city council proposes a change in
zoning classification of a single parcel or a group
of not more than 500 parcels of any property
within its jurisdiction, it shall be the duty of the
city council to give notice by mail to each property
owner whose zoning classification is proposed to
be changed. Such notice shall be mailed to the
owner's current address of record, as maintained
by the assessor of taxes, for the jurisdiction pro-
posing the change and shall be postmarked no
later than ten days prior to the first scheduled
hearing concerning the proposed change. The
notice shall contain the legal description of the
affected property, the existing zoning classifica-
tion, the proposed zoning classification and the
time and place of any scheduled hearing concern-
ing the proposed zoning change. Prior to the
effective date of any zoning classification change,
the city council shall cause an affidavit to be filed
with the city clerk certifying that the city council
has complied with this section. The filing of the
affidavit shall be prima facie proof of compliance
with this section. A failure to give notice shall not
affect the validity of zoning, except as to the
property of the complaining owner.
(Code 1981, § 647.01) /
Sec. 110-138. Limitations.
No proposal for zoning change or amendment
affecting a particular property shall contain con-
ditions, limitations or requirements not applica-
ble to all other property in the district to which
the particular property is proposed to be rezoned.
(Code 1981, § 647.03)
Sec. 110-139. Reconsideration of district
boundary changes.
When a proposed change in zoning district
boundaries has been acted upon by the city coun-
cil and disapproved or failed to pass, such pro-
posed change, in the same or substantially simi-
lar form, shall not be reconsidered by the city
council for a period of two years. Such restriction
shall not apply to the property owner if the
§ 110-171
original request was initiated by the city council,
planning and zoning board or any department or
agency of the city nor shall such restriction apply
to the city council, the planning and zoning board
or any department or agency of the city.
(Code 1981, § 647.05)
Secs. 110-140-110-160. Reserved.
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 1. GENERALLY
Sec. 110-161. Structures and uses approved
by special exception.
A special exception is not deemed nonconform-
ing. Any structure or use for which a special
exception is granted as provided in this chapter
shall be deemed, as to that particular special
exception, to have all the rights and privileges of
a conforming use, restricted, however, by the
terms of that specific special exception as granted.
(Code 1981, § 643.11)
Secs. 110-162-110-170. Reserved.
DIVISION 2. ALCOHOLIC BEVERAGES*
Sec. 110-171. Establishments serving alco-
holic beverages.
(a) Establishments which shall require a spe-
cial exception under this chapter by the board of
adjustment are those, whether or not licensed by
the state department of business and professional
regulation, division of alcoholic beverages and
tobacco, which dispense, sell, serve, store or per-
mit consumption on the premises of alcoholic
beverages. In consideration of a special exception
application, the board of adjustment shall not
approve the application unless it is totally consis-
tent with all the conditions as set forth in this
subsection and also the following:
(1) The establishment shall not be within 300
feet of any existing church, schoolgrounds
or playgrounds. Measurement shall be made
Supp. `o. 3 CD110:23
'Cross reference—Alcoholic beverages, ch. 6.
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Ordinances
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 15-97, OVERNIGHT CAMPING PROHIBITED
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and approve this ordinance at first reading.
Summary Explanation & Background:
This ordinance would prohibit an individual from camping within any city right-of-way, beach end street or on
or under any beach dune crossover.
I recommend approval.
Exhibits Attached:
Ordinance No. 15-97
City Manager's Office
Department LEGISLATIVE
ff�
g:\admin\council\meeting\ 1997\ 11-18-97\ 15-97.doc
ORDINANCE NO. 15-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 50, OFFENSES AND
MISCELLANEOUS PROVISIONS, BY ADOPTING A NEW SECTION 50-
4, OVERNIGHT CAMPING PROHIBITED, BY PROVIDING FOR THE
PROHIBITION OF CAMPING WITHIN THE STREET RIGHTS OF
WAY, BEACH ENDS AND DUNE CROSSOVERS; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 50, Section 50-4, Overnight Camping Prohibited, of the
Code of Ordinances is hereby established, as follows:
Sec. 50-4. Overnight Camping Prohibited.
It shall be unlawful for any individual to camp or otherwise sleep within any city's
rights of way, any beach end street, or on or under any beach dune crossover. For
purposes hereunder, the term beach end street shall be defined as provided in
Section 74-61 of the Code of Ordinances. Any person who knowingly violates
any provision of this section shall, upon conviction, be punished according to law
and shall be subject to a fine not exceeding the sum of $500.00 or imprisonment
in the county jail for a period not exceeding 60 days, or both such fine and
imprisonment.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held
to be unconstitutional or invalid, such portion shall not affect the remaining portions
hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
City of Cape Canaveral, Florida
Ordinance No. 15-97
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 1997.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
GACityC1k\0rdinancesl0vernight Camping Prohibited.doc
FOR AGAINST
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Resolutions
item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION -NO. 97-42, APPOINTMENT OF A DELEGATE AT LARGE TO THE LPA
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Mayor Randels wishes to vacate his current seat on the LPA and is seeking a councilmember to fill this position.
Summary Explanation & Background:
The City Council has appointed (2) councilmembers to the LPA. Councilmember Hernandez currently occupies
the other council seat on this board.
Please advise.
Exhibits Attached:
Resolution No. 97-42
City Mans Office
Department LEGISLATIVE
g:\ad ou ' meeting\IgWk l-`t8=411(97-42.doc
RESOLUTION NO. 97-42
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPOINTING ONE (1)
DELEGATE AT LARGE TO THE LOCAL PLANNING AGENCY
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint one (1) delegate at large to said Board:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1.
is hereby appointed as an at large delegate to the
Local Planning Agency of the City of Cape Canaveral, Florida, with a term to run concurrent with
that person's elected office duration.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Florida this 18th day of November, 1997.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
ROCKY RANDELS
FOR AGAINST
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Resolutions
Item
5
No.
be added each year discounted 15 % not to exceed 5 % each year.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-43, AGREEMENT WITH USA WASTE SERVICES FOR GARBAGE
COLLECTION AND RECYCLING SERVICES
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider a contract extension with USA Waste Services pursuant to the attached
agreement.
Summary Explanation & Background:
The current agreement expires on 09/30/99. This agreement will extend to 09/30/04 with an option to renew
for another five years. The rates within this agreement will remain the same until 12/31/01. Then, the CPI will
be added each year discounted 15 % not to exceed 5 % each year.
The city will also receive a 5 % franchise fee on gross revenue from commercial front loader and permanent roll-
off accounts.
The effective date is January 1, 1998. The City of Cocoa requires 30 days notice for a billing change.
The single family rate has been reduced by 17.5%. Mobile home units and individual apartments and condo
rates were reduced by 28.4%.
Exhibits Attached:
Resolution No. 97-43; Current Rate Schedule and Agreement
City "ge?s Office
Department LEGISLATIVE
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11-13-1997 2:33PM FROM AMARI,THERIAC,EISENM 4076396690
RESOLLMON NO. 97-
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ENTERING INTO AN AGREEMENT FOR
GA► tRAGE COLLECTION AND RECYCLING 5MVICES WrM USA
WASTE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WE[EREAS, the City of Cape Canaveral, pursuant to Florida Statutes, may grant certain
franchises; and
WHEREAS, the City presently contracts with USA Waste Services (the "Collector") by
virtue of that certain Rubbish Collection Agreement dated September 19, 1989; and
WEWREAS, the City and the Collector are desirous of redefining the contractual
relationship between the parties, ,including the extension of the term.
NOW, BEFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The City shall enter into that certain Agreement For Garbage Collection and
Recycling Services in the form as attached hereto as Exhibit "A", and incorporated herein by
reference.
ST'GTION 2. This Resolution shall take effect upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this _ day
of '1997.
ATTEST:
Sandra a. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
Rocky R ndels, MA'Y'OR
11/13/97 14:37 TX/RX N0.2328 P.002 0
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CITY OF CAPE CANAVERAL
AGREEMENT FOR
GARBAGE COLLECTIERVTCES
TPIIS AGREEMj ENT is made and entered into as of the day of, , 1997, by and
between the CITY OF CAPE CANAVERAL, a duly organized municipal corporation (the "City"), and
WESTERN WASTE INDUSTRIES, INC. d/b/a USA WASTE SERVICES (the "Collector").
Ba out
The Collector has been performing garbage collection and recycling services for the City
pursuant to the Garbage and Rubbish Collection Agreement dated September 19, 1989 as amended by
Addendum No. I dated August 18, 1992.
The Collector has agreed with the City to reduced rates for certain residential services and the
City has agreed to extend the term of the existing agreement.
NOw, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Exclusive Contract. The City grants to the Collector the exclusive right and obligation to
provide solid waste mid recycling collection services within City boundaries.
2. TerM. The term of this Agreement begins on the date set forth above and extends until
September 30, 2004. In addition, the City grants to the Collector an option to extend the term of this
Agreement for a period of five years after the end of the initial term. This five year option may be
exercised at any time before or after the initial term so long as the Collector is providing primary waste
collection services within the City. During the option period the terms and conditions of this
Agreement will remain unchanged. t
3. Rates. The following monthly rates for garbage and trash n val shall apply beginning on
January 1, 1998 and will remain constant until December 31, The following rates reflect a
reduction of $.30 per unit per month for those services the City is responsible for billing.
a. Single family, duplex and triplex ..... . ........... .. $7.41 per unit per month
b. Mobile home units and individual
apartments or condominiums ........................ $4.58 per unit per mouth
C. Individual commercial business
accounts with trash cans ... .... .... • .. • . • • • • • ... $10.85 per unit per month
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d. Commercial dumpsters used by
commercial business, aparti tent
complexes and condominiums .. _ ...... $27.01 per containerized yard per month
e. Special collection services - in
addition to the normally provided
twice weekly service for commercial
dumpsters as provided in paragraph
"d" above ............. . ........... $3.86 per containerized yard per pick-up
£ Recycling Service ................................. $2.13 per dwelling unit
g. Roll -off Containers
(1) Container delivery ......... 50.00
(2) Per Pull 20 cu. yd ........................ ..... 135.00
30 cu. yd .............................. 160.00
40 cu. yd . ............................. 185.00
(3) Actual disposal cost shall be added to the pull charge plus 20%.
(4) Dry runs (any scheduled pick-up, pull, or delivery which cannot be
completed due to a customer problem -not a Collector problem) shall
be charged $50.00.
The total amount charged by the Collector shall be based on the number of units serviced as
changed from time to time.
�
J
4. Rate 'ustiniz a rates set forth in paragraph 3 shall remain unchanged until December 31,
2000. On January 1, and on January 1 of each year thereafter, the rates shall be adjusted based
upon a 15% reduction in any annual increase in the Consumer Price Index (the "CPI") for all Urban
Consumers, unadjusted (U.S. City Average: all items) issued monthly by the U.S. Department of
Labor using the years 19 82-19 84 as a base of 100. On January 1 of each year, beginning on January
1 00 the rates shall be adjusted by multiplying the rates then in existence by a fraction, the
numerator of which shall be the Index Number for all items, all Urban Consumers, as set forth in the
CPI for the month of November of that year and the denominator of whicb is the Index Number for all
items, all Urban consumers Price Index for the prior November. in no event will the rates decline, but
if the CPI increases, then the CPI factor shall be reduced by 15% before applied to increase the rates.
In the event that the Department of Labor no longer publishes the Cpl, or if there is a significant change
to the method of computing the CPI, the parties will agree on a ne)y formula similar to the existing CPI
formula. The rates shall not increase by more than -.1$e -'ier year (any increase for Workers,.
Compensation insurance as described below will not cause the rates to increase by more than � per
year), but if the CPI (as described) increases by more than. J,6%, then any increases over I -Wo shall carry
over to the next year and be added to the CPI percents for the next year. c j
r.
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The monthly collection rates shall also be adjusted based upon any increase or decrease in the
standard Workers Compensation Insurance rates applicable to the Collector without experience
modification based on actual payroll in the month following the change_
The Collector may request an increase in rates in the event of an extraordinary expense or
occurrence.
5. Collector's Obli tions
(A) Garbage Pick Up. Garbage and trash pick up shall occur twice weekly from all locations
unless specified otherwise. Pickup will be from the customer's curbside location (curbside service) or
pre -selected dumpster locations. Rear door service shall be provided at no extra charge for customers
who have been designated handicapped by the City. Rear door service will also be available at a
standard additional charge, "as provided in Section 7 of Addendum 1," for any locations one hundred
(100') feet or less from curbside. Any service in excess of one hundred (100') feet from curbside will
be charged at a rate to be negotiated between the Collector and the customer. The Collector is not
required to collect garbage on City holidays, but the Collector will still be required to collect garbage
twice each week regardless of holidays and the household garbage will be picked up on the day after
the holiday.
(B) Horticultural Pick Un_ An additional, separate horticultural trash pick up shall be
provided once per week for all horticultural trash placed at curbside. Horticultural trash that is suitable
to be containerized shall be placed for collection in an individual container. Plastic bags will not be
acceptable. The Collector will also pick-up horticultural trash from vacant lots so long as the
horticultural trash is placed at curbside.
(C) Bulk Ttems. The Collector will collect residential bulk items (such as appliances,
furniture, etc.) on a weekly basis for no additional fees. IIowever, bulk items which may be generated
by commercial or industrial operations will be charged separately for pick-up of such bulk items.
(b) Provide Containers. Unless directed otherwise by the City, the Collector will provide
industrial containers for multi -family housing complexes and to businesses requiring such containers
at reasonable rental rates. Absent unusual circumstances, industrial containers will be supplied by the
Collector within three days after request.
(E) Eguipment. The Collector shall maintain its equipment and containers in good working
order and with a clean appearance. The Collector shall have reserve equipment at its disposal so that
the Collector may perform the services required herein in the event of some equipment failure. The
containers used shall have easy opening, positive closing lids, and. the Collector shall spray the
industrial containers with disinfectant every 30 days_ However, the customers shall be responsible the
proper care of containers provided by the Collector. The Collector shall take reasonable action to
deodorize the containers against non -nal odors, but in the event that removal of the container or pressure
washing is needed, then the Collector may add the cost of cleaning, removal, and replacing such
container to the customer's bill.
(F) Collector Personnel. The Collector shall maintain qualified personnel at all times to
perform the work as described in this Agreement. All personnel will wear a clean uniform or shirt
bearing the Collector's name.
(G) City Facilities. The Collector shall pick up all refuse and trash from all City facilities,
including parks, allrecreational complexes, the library, fire department, public schools and containers
at all beach and streets, at no cost to the City.
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(H) hours. Except in emergencies, the Collector may not collect in residential areas earlier
than 7:00 a -m_ or later than 7:00 p.m., E.S.T. or 9:00 p.m. E.D.T., Monday through Saturday. No
collection activities will normally occur on Sundays in residential areas.
(I) Litter. The Collector shall not litter in the process of collection or hauling. In the event
of litter or spillage, the Collector shall clean it up promptly.
M Approved Containers The Collector shall not be required to collect solid waste unless
it is in approved containers.
(K) Special Materials. The Collector will provide hauling service for materials not routinely
generated in residential areas. Collection of special materials, roll -ofd open -top, and compactor service
will be contracted between the customer and the Collector.
(L) ExtraQr&M Materials. Unless otherwise agreed by a separate understanding, the
Collector will not be required to collect any hazardous wastes, body wastes, dead animals, abandoned
vehicles, vehicle and boat parts, large equipment and parts, materials not generated by the owner (such
as tree trimmers or roofers).
(M) Cornmunkation. In addition to its regular office in Brevard County, the Collector will
provide emergency telephone service.
(I) Disposal. All refuse (not recyclables) shall be disposed of at the Brevard County Solid
Waste Disposal Station at no cost or expense to the Collector.
(0) Routes. The Collector will provide the City with current rates and collection schedules
and shall notify customer of any changes in pickup schedules not less than one (1) week before the
change_ In addition, the Collector will, unless a change is reasonably needed, maintain the same pick-
up schedule from week to week so that City residents will know when their garbage will be collected.
(P) Books and Records. The Collector shall keep records of all costs and expenses incurred
in performance of this Agreement. These records shall be made available to the City to substantiate all
contract adjustments_ An annual audit may be requested by the City and conducted by an auditor
selected by the City.
(Q) Container Enclosures. The City desires to have all front-end loader containers kept in
enclosures, and the Collector will, when feasible, pick-up and place front-end loader containers in the
enclosures provided. However, to insure that such enclosures are practical, all new enclosures or
existing enclosures which are to be reconstructed, remodeled, or renovated must be approved by the
Collector as the placement, positioning and size of the enclosure.
(R) Reports to City Council. The Collector will present a report, quarterly, to City Council
regarding the status of garbage collection within the City.
(S) Eranchise Fee. The Collector shall remit to the City a monthly franchise fee equal to five
percent (5%) of the gross revenues (less any disposal expenses) received by the Collector from
commercial front loader and permanent roll off accounts within the City. The City agrees to continue
providing for free disposal of solid waste by the Collector at the Brevard County Solid Waste Disposal
Station during this Agreement.
6. City Responsibilities.
(A) Billing. The City will handle all billing and collection services in connection with City
Refuse Accounts except when special rates apply or roll -off service in which case these special services
will be billed by Collector. The Collector will have primary responsibility for enforcing this Agreement
against competitors or third parties except for scavengers who will be prosecuted by the City.
(B) CertificatiQu of Accounts. The City will certify to the Collector on the last Friday of
each month the number and size of all containers.
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(C) Payments Collector. Collector shall submit to the City its monthly statement for
services provided during the prior month. The statement will be in the format reasonably requested by
the City.
(D) Complaints_ All complaints will be referred to the City. Any complaint deemed by the
City to be services shall be forwarded to the Collector for a written response or explanation and
statement of corrective action. The Collector will respond to all complaints in an expeditious manner_
7. RP rding Pro am
(A) Recyclable Materials. The Collector shall collect the following:
NP.wsDaper: Newspaper only. No phone books, brown paper, colored
newspaper, magazine paper, etc.
Aluminum Cans: No tin cans, odd pieces of aluminum, such as toys, chairs, etc.
Glass Jars / Bottles: No mirror, window pains, windowshields, etc.
Plastic Bottles: Milk and drink bottles only. No soap, clorox, oil bottles or odd
pieces of plastic. NO STYROFOAM_
Other items may be collected at Collector's option. The Collector shall furnish a single bin to
each home for the purpose of storing recyclable materials in the home and identifying the recyclable
materials at the curb. When reasonably needed, the Collector will replace bins that are damaged. The
size of the bins will be selected by the Collector and the color (within range of availability) by the City.
The bin may have both City and Collector names on the bin.
The City may inspect the recyclable materials to ascertain that they conform to the requirements
of this Agreement and to the type of bins, weight of bins, etc. The Collector will not be required to
collect materials that are in violation of this Agreement. The non -recyclable materials in the recycling
bin will be left in the bin at the residence as examples of incorrect materials that should not be placed
for collection.
(B) Services to be Performed by City. City shall be assisted by the Collector in conducting
a public awareness campaign to promote the City's recycling program. All materials and publications
used by the Collector shall be reviewed by the City and that used by the City referring to the Collector
shall be reviewed by the Collector.
(C) Compensation to City.
(1) The Collector will maintain accurate weight records of each type of recycling
material collected within the City. The recyclable materials will be mixed with similar materials
collected from other recycling areas. The materials may be held until enough volume is accumulated
and/or the offering price appears to be in the best range under the existing condition, in the judgment
of the Collector, at which time the material will be sold. The cost for processing, and shipment will be
taken out of the revenue received for the sale of material. The remaining money, if any, will be the
City's. The recyclable materials may be handled through a County processing center if and when one
is developed. The revenue from the materials would be handled in the same manner as above.
(2) Within fifteen (15) days after the Collector receives the revenue for the materials,
a check for the City's portion of the money wi i 1 be mailed to the City.
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(p) Rcrorting RealliTCMMM (1) Monthl orts: The Collector will provide the City with
a monthly statement showing the quantity of recyclable material collected, the expenses and the
revenues relating to the recyclable materials. This report will identify by week, by type of material, the
amount of recyclable materials collected from the City. It will also show the accumulative amounts of
material from the City at the Collector's site, and the amount of the City's materials sold that month_
(2) Material's les Roo Within two (2) weeks of each materials sales, a report will be issued to the
City showing the amount of materials from the City that was involved in the sale, the portion of the
storage, processing and shipping cost, and the amount of money due the City. If the cost exceeds the
revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive
one hundred percent (100%) of the excess.
(E) Bins The Collector will initially provide City residents one (1) portable bin for
recyclable materials to accommodate the amount of recyclable materials generated by those particular
premises. Heavy-duty plastic bags of the type especially manufactured for rubbish collection, and trash
eompacter sacks, may be used for materials that occasionally exceed the bin capacity. Grocery cartons
and paper sacks are acceptable as excess recyclable material bins, provided that are not torn, wet, or
otherwise damaged. The residents are responsible for proper care of the container.
(F) Placement of Hi s. On the day designated for collections, City residents shall place the
bin on the curb at the normal collection point. Each bin containing recyclable material shall be placed
on the curb not later than seven (7) a.m. on the day of collection.
(G) Turning in Bins. When vacating a residence, the resident must turn in the bin to the
Collector or City. if the bin is not turned in, the resident will be charged the current rep] acement value
on their final bill.
(H) Title. The City shall have title to all refuse material, but all recyclable material collected
by the Collector shall become owned by Collector upon collection.
8. Performa Bond. The Collector shall furnish to the City a Performance Bond for the faith/ ul
performance of this Agreement and all obligations arising hereunder, in the amount of forty --ii �,re
thousand dollars ($45,000.00). It shall be executed by a surety company licensed to do business in tie
State of Florida.
9. Workers Compensation Insurance. The Collector shall provide and maintain during the life of
this Agreement, adequate Worker's Compensation Insurance, in accordance with the laws of the State
of Florida, for its employees. A copy of the policy, annual audits and policy renewals must be provided
to the City by the Collector, and accompanied by a list of applicable Collector's personnel.
10. Liability Insurance. The Collector shall provide and maintain during the life of this Agreement,
Public Liability and Property Damage Insurance and Umbrella Coverage in the following amounts:
Public Liability: 5100,000 per person/$300,000 per accident, minimum
Property Damage: $100,000 per any one claim, minimum
Umbrella Liability: $1,000,000.00 with a $25,000 deductible and/or base insurance
minimum
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to protect itself, its agents, and its employees from claims for damages for personal injury including
wrongful and accidental death and property damage which may arise from operations under this
Agreement, whether such operations be performed by itself or its employees. The policy or policies
shall name the City as additional 'ensured and shall contain a clause that the insurer will not cancel or
decrease the insurance coverage, without first giving the City thirty (3 0) days notice in writing.
If practical, the Collector will seek to obtain long-term policies to obtain lower premiums. The
Collector shall provide the City with copies of all policies, audits and renewals.
11. sdard Verfo nce.
(A) It shall be considered a breach of this Agreement if the Collector fails to collect the solid
waste materials herein specified for a period in excess of two (2) consecutive, scheduled, working days,
or fails to operate the system in a manner that is in accord with this Agreement in the reasonable
determination of the City Manager_ If such failure is due to war, insurrection, riot, Act of God, or any
other cause beyond the Collector's control, then it shat l not be considered a breach of this Agreement.
In the event the City Manager determines that a breach has occurred and the Collector and the City
Manager cannot resolve the matter within 10 days, then the Collector shall have the right to appeal the
decision to the City Council at the next regularly scheduled Workshop and Council Meeting.
(B) If the City finds it necessary to perform the Collector's duties itself or by a third parry,
then the City shall have the ability to deduct any and all operating expenses from compensation to the
Collector.
(C) If the Collector fails to perform its collection responsibilities under this Agreement and
the Collector is unable for any cause (except Acts of God, war or other similar matters beyond the
Collector's control) to resume performance at the end of twenty-one (21) calendar days, the City shall
be free to negotiate with other collectors for the operation of said collection service. Such operation
with another Collector shall not release the Collector herein of its liability to the City for such breach
of this Agreement. In the event that this Agreement is so negotiated with a new Collector or Collectors,
third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct
in operation of the collection services.
12. Liuidated Damages. A breach of certain duties of the Collector provided herein would cause
serious and substantial damage to the City and its occupants, and the nature of this Agreement would
render it impracticable or extremely difficult to fix the actual damage resulting from such breach
Therefore, it is agreed that in case of breach of the duties described below, the City may elect to collect
liquidated damages for each such breach and the Collector will pay to the City as liquidated damages
and not as a penalty, the amounts set forth below. An election to seek such liquidated damages shall
not be construed as a waiver of any legal remedies the City may have as to any subsequent breach unde=r
this Agreement.
A truck beginning residential collections prior to 7,00 a.m. $25.00 per day
failure to collect misses within twenty-four (24) hours of $10.00 each residential
notification to Collector. or commercial unit
served by container
Repetition of valid complaints on a route after notification to replace $5.00 each
container in a designated location, spilling, not closing gate,
crossing planted areas or similar violations.
7
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Such liquidated damages as the City shall elect to collect will be deducted from the monthly
payments due the Collector. Each complaint shall be determined on the basis of a joint inspection, if
necessary, by a representative of the City, and a representative of the Collector, and the decision of the
City Manager that any complaint is legitimate shall be final.
13. Default of A greelnen. Should the Collector abandon, delay unnecessarily in the performance
of, or in any manner refuse or fail to comply with any of the terms of this Agreement, or neglect or
refuse to comply with the instructions of the City relative thereto, the City shall notify the Collector,
in writing, of such abandonment, delay, refusal, fail -Lire or neglect and direct it to comply with all
provisions of this Agreement. A copy of such written notice is to be mailed to the surety on the
Performance Bond and delivered to the City.
Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or
neglected to comply with the terms of this Agreement, to the satisfaction of the City Council, the City
Council may, by resolution, declare a default of this Agreement and notify the Collector and the surety
on the Performance Bond of such declaration of default, or the City may take such other action as it may
deem advisable.
Upon such declaration of default, all payments due the Collector shall be retained by the City
and applied to the completion of this Agreement and to damages suffered and expense incurred by the
City by reason of such default, unless the surety on the Performance Bond shall assume this Agreement,
in which event, all payments remaining due the Collector at the time of default, less amounts due the
City from the Collector and less all sums due the City for damages suffered and expenses incurred by
reason of such default shall be due and payable to the surety. Thereafter, such surety shall receive
monthly payments equal to those that would have been paid the Collector had such Collector continued
to perform this Agreement.
If such surety fails to exercise such option, the City may complete this Agreement or any part
thereof, either by day labor or by reletting an agreement for the same, and the City shall have the right
to take possession of and use any or all of the vehicles, materials, equipment, facilities and property of
every kind provided by the Collector for the performance of this Agreement, and to procure other
vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of
same to the Collector, together with the cost incident thereto.
In the event the City completes this Agreement at a lesser cost than would have been payable
to the Collector under this Agreement if the same had been fulfilled by said Collector, then the City
shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for and
pay the amount of such excess to the City.
14. Disputes. Any controversy, claim or dispute, arising out of or relating to this Agreement,
including questions of performance of fees and charges, shall be handled as follows:
(A) The City Manager will attempt to resolve the dispute with the Collector.
(B) if the City Manager cannot resolve the dispute with the Collector within ten (10) days
of first being notified of the dispute, or initiating the dispute, the matter shall be submitted to the City
Council to be acted upon at the next regularly scheduled City Council Meeting.
(C) If the City Council fails or is unable to settle the dispute, then Either party may pursue
its available legal remedies.
15. Tndemnity. The Collector will defend, indemnify, save harmless and exempt the City, its
Officers, agents, servants and employees from and against any and all suits, actions, legal proceedings,
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11,05/97 16:34 *a M.kTHEttS RaILEi D 0010
claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons,
damage to property arising out of this Agreement or work done in the performance of this Agreement,
or any other cause of action asserted against the City under or arising from this Agreement. The City
reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve
counsel obtained by the Collector.
16. Assignment and Sub -letting No assignment of this Agreement or any right occurring under this
Agreement shall be made in whole or part by the Collector without the express written consent of the
City Council except to a wholly-owned subsidiary of USA Waste Services, Inc. In the event of any
assignment, the assignee shall assume the liability of the Collector.
17. Notice. A letter addressed and sent by certified United States. Mail to either party at its business
address shown hereinabove shall be sufficient notice whenever required for any purpose in this
Agreement.
1$. Qefiri ns
(A) Approved Containa shall mean industrial, commercial or individual containers approved
by the City and by the Collector.
(B) Bim shall mean containers provided by the Collector for recycling. Bins shall be in the
site currently utilized or as otherwise agreed by the parties.
(C) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for
temporary storage of refuse or trash at street and beach locations and other City recreational facilities.
(D) Business shall mean and include all retail, professional, wholesale and industrial
facilities and any other commercial enterprises.
(i✓) Commercial shall mean and include all dwellings and businesses serviced by an
industrial container of two (2) cubic yard capacity or greater.
(F) Duplex shall mean and include a detached two-family dwelling designed or intended for
occupancy by two (2) families.
(G) GadLashall mean and include all waste and accumulation of animal, fruit or vegetable
matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats,
fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification,
which may serve as breeding or feeding materials for flies and/or other germ -carrying insects.
(H) Flazardous MateriaN shall mean wastes that are hazardous by reason of their
pathological, explosive, radiological or toxic characteristics.
(1) Hortieultilral Trash shall mean accumulation of lawn, grass or shrubbery cuttings, or
clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length,
thirty (30) inches in diameter, and/or exceed 50 lbs.), bushes, or slizubs, green leaf cuttings, coconuts,
fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches,
trees, or bulky or non-combustible materials not susceptible to normal loading.
(T) Individual Containers shall mean a container made of non-absorbent material provided
with a closely fitting cover, side bail handles, and of thirty (30) gallons or less gross capacity or a thirty
(30) gallon or less gross capacity waterproof bag of strength and material approved by the City and not
exceeding 50 lbs.
(K) Industrial Container shall mean a two (2) cubic yard or larger container which can be
emptied by mechanical means.
G:1WPM7OWD11AGR CARkO1 9
11/05/97 16: 35 a MATHEITS RAILET D lij011
(L) cling: the capture, removal, and reuse of an item or material from the waste stream
that would otherwise be disposed of.
M Recyclable Materials shall have the meaning as described herein.
(N) Refuse shall mean a combination of garbage, small pieces of materials and horticultural
trash separated and containerized for pickup.
(0) Singlc-Family shall mean and include a detached single-family dwelling designed or
intended for occupancy by one (1) person or by one (1) family.
(P) Special Material shall mean those bulky materials or other special wastes that are not
stored in approved containers and are not routinely generated in residential areas_
(Q) Tra shall mean material, excluding horticultural trash which by the nature of its size
cannot be containerized.
(R) Triplex shall mean and include a detached three-farnily dwelling designed or intended
for occupancy by three (3) families.
(S) Solid Waste shall mean a general term which includes all forms of solid materials
handled and hauled by the Collector. All loose materials that are of the size that can be containerized
shall be put in a container. All materials that can be cut shall not exceed four (4) feet in length, thirty
(30) inches in diameter, and/or exceed 50 lbs.
(T) Curbside - a point within the parkway abutting such residence no farther than five (5)
feet from the curb line or paving line, or, in case no parking exists, which abuts the customer's property
at a point no greater than five (5) feet from the curb line or paving line of the nearest public street, or,
in the case of the existence of a drainage ditch, at a point within said dimensions adjacent to the nearest
driveway.
19. Safety Issues. Both the City and the Collector agree that safety is a vital concern in the
performance of the duties of the Collector pursuant to this Agreement. Whenever the Collector
identifies a safety hazard in the performance of this Agreement, the City agrees to work with the
Collector to resolve, eliminate or reduce the safety hazard to fullest extent reasonably possible.
20. MiscellaneQus_ The failure of the City at any time to require performance by the Collector of
any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall
waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any
succeeding breach of such provisions or as a waiver of any provision itself. This Agreement shall be
governed by and construed under the laves of the State of Florida_ The Collector shall conduct
operations under this Agreement in compliance with all applicable laws. If any provision of this
Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected
but shall remain in full force and effect. The Collector shall obtain at its own expense all permits and
licenses required by law or ordinance and maintain same in full force and effect. In the event of any
litigation concerning this Agreement, the prevailing party shall be entitled to its reasonable attorneys
fees and expenses, including any such fees or expenses incurred in appellate proceedings.
WESTERN WASTE INDUSTRIES, INC. CITY OF CAPE CANAVERAL
d/b/a USA WASTE SERVICES
By. By:
Print: print:
Its: Vice President Its:
QAWFw2700001\AGR CAVA -01 10
3303
A USA WASTE P.O. Box k303U'--m ve
OF FLORIDA Cocoa, FL 32922-3803
(407) 636-8132
(407) 632-3078 Fax
The following specifications are guidelines to enclosures for commercial
dumpsters. These specifications include height, width., depth, angle to right of way,
overhead clearance, and approach of trick to safely service dumpsters.
These specifications are based on the dimensions of an 8 cu. Yd. Container. This
will allow for any increase in service due to the possible increase in the volu.rne of
garbage.
These specifications are not all inclusive of every enclosure due to unique
situations and property space available. For example, the angle of the enclosure to
the right of way will vary depending on the arnount of space for the approach of the
trick. Therefore, the Operations Department at U S A Waste will need to be
consulted before the completion of any enclosures which do not meet the following
specifications.
HEIGHT 6' 3"
INTERIOR WIDTH 12'
INTERIOR DEPTH 12'
OVERHEAD CLEARANCE 20'2"
A 12' concrete pad will be required for the approach of the trick. This pad
should extend from the right of way to the enclosure and should be made of 6"
reinforced concrete.
A subsidiary of USA Waste Services, Inc.
JENNINGS ENVIRONMENTAL
SERVICE, INC.
EXPAa4SION
JOINT _
1
/r
i
M
0 YD. 20'r
3303 Lake Dr.
Cocoa, FL 32926
(407) 636-6894 r
ANGLE OF PAD WITH DRIVING LANE SHALL. ALLOW
FOR A STRAIGHT—LINE MANEUVERING DISTANCE
OF 55 FT.
r �
Y�r �
.`1 A .� ^
-,1: r 610
1
"11411)C Dmr-NSIOTJ OF CNGLOSURE
Jii :
DUMPSTER PAD
A wholly owned subsidiary of USA Waste Services, Inc.
RESOLUTION NO. 97-18 �t etc
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES
FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 62-5 of the Code of Ordinances of the City of Cape Canaveral provides
for the establishment of a rate schedule for garbage and trash removal; and
WHEREAS, there is an agreement between the City of Cape Canaveral, Florida, and Western
Waste Industries, Inc., dated September 19, 1989, which provides for reconsideration of the schedule
of charges based upon the adjustments and any change in the Consumer Price Index to a maximum of
ten percent (10%); and
WHEREAS, the Consumer Price Index for the previous year has changed and increased
overall by 2.8%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Rate Schedule in Resolution No. 96-25 is hereby modified with, and the
following rate schedule for garbage and trash removal is hereby established:
a. Single family,\duplex and triplex............................................................................ $ 8.71 per unit
per month
b. Mobile honie units and individual
apartments or condominiums .................................................................................
5.88 per unit
per month
C. Individual commercial business
accounts with trash cans........................................................................................
10.85 per unit
per month
d. Commercial dumpsters used by
commercial business, apartment
complexes and condominiums...............................................................................27.01
per con-
tainerized yard
per month
D:\cityclerk\CityClk\RESTMCHSE\GARBAGE RATE INCREASE -DOC
City of Cape Canaveral, Florida
Resolution No. 97-18
Page 2
e. Special collection services - in
addition to the normally provided twice
weekly service for commercial dumpsters
as provided in paragraph "d" above..........
.............................................. 3.86 per con-
tainerized yard
per pick-up
f. Recycling Service ...................................................................................................... 2.13 per
dwelling unit
SECTION 2. Savings Clause - If any provision, paragraph, word, section or article of
this resolution is invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
SECTION 3. This Resolution shall become effective July 1, 1997.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day
of June ,1997.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
D:\cityclerk\cityclk\RES\FRNCHSEIGARBAGE RATE INCREASE.DOC
John K. Porter, MAYOR
NAME FOR AGAINST
BRUNS
BERNANDEZ_ —
PETSOS
PORTER
RANDELS — —
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Hing
Resolutions
Item
Exhibits Attached:
No.
Ci!Y��'s Office , ,
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION -NO. 97-41, APPOINTMENT OF A COUNCHLMEMBER TO SERVE UNTIL
THE NOVEMBER, 1998 ELECTION
DEPT. /DIVISION:
Requested Action:
The City Council has until 12-04-97 to choose an individual to fill this position.
Summary Explanation & Background:
This was the council seat vacated by Rocky Randels.
Exhibits Attached:
Resolution No. 97-41
Ci!Y��'s Office , ,
Department
ounciil\meeting\1 1- - 7\97-41.doc
RESOLUTION NO. 97-41
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL PERSON TO
SERVE UNTIL THE NOVEMBER 1998 GENERAL ELECTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, a vacancy exists on the City Council of the City of Cape Canaveral,
Florida, due to the resignation of Rocky Randels prior to his election as Mayor; and
WHEREAS, Article III, Section 4 of the Charter of the City of Cape Canaveral
requires that, in the event of a vacancy, the City Council shall elect a successor Council
Person who shall serve until the next General Election; and
WHEREAS, the City Council has reviewed the qualifications of the candidates for
said office.
SECTION 1.
is hereby appointed as Council Person, to serve until
the General Election scheduled for November 3, 1998.
SECTION 2. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th
day of November, 1997.
ATTEST:
Sandra Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
ROCKY RANDELS
FOR AGAINST
City Council Vacancy
DATE
LOG # RECEIVED FROM
SUBJECT
DISTRIBUTION
10/15/97
970170 ANDREA SHEA KING
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
10/15/97
970169 JOY SALAMONE
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
11/5/97
970176 LEO NICHOLAS
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
11/12/97
970190 RICHARD TREVERTON
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
11/12/97
970184 HANS K. SAURENMANN
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
11/12197 970181 JAMES P. O'TOOLE
11/12/97 970180 ROBERTABBOTT
INTEREST IN CITY COUNCIL POSITION
INTEREST IN CITY COUNCIL POSITION
M,CC,CM
M,CC,CM
Thursday, November 13, 199 7 Page I of I
October 10, 1997
John Porter, Mayor
Cape Canaveral
105 Polk Ave.
Cape Canaveral, FI 32920
Dear Mayor and City Council Members,
DISTRIBUTION
( !fV (_.O-rinCI1
i,JtV
�—
—s D +—
Financc Dir. I
I am writing to express my interest in the city council seat that will be
available for a one year term. If I can be of any service to the city in this
capacity I am more than willing to serve. I believe that all Council
members know my capabilities but I can certainly furnish anyone with
references as needed. Your kind attention to this matter is greatly
appreciated. I look forward to hearing from you.
Si cerel ,
oy alamone
_DI_UTION
Ahayar
LVty A?ty.
—'�Jtr.t
Mayor & City Council
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida
4 November 1997
Gentlemen,
Please take my name into consideration when you
take the action of appointing someone to fill the Council
vacancy created by the resignation of Mayor Pro -Tem
Randels when decided to seek election to the Office
of Mayor. As you know, I have been in attendance at
most of the Council meetings and would thus be quite
familiar with matters which may be brought before the
Council.
Thank you for your consideration and hopefully for
your support.
Leo C. Nicholas
November 11, 1997
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FL 32920
Dear Mayor and City Council,
414 Jackson Ave.
Cape Canaveral, FL 32920
/2
DISTRIB-�u ;
Mayor
Citv Council
City Nip.
city Aa_y-. �—
Pub. Works D:r.l
---
euildiny-Ui-
Finance Dir
I am writing to express my interest in the city council seat, vacated by Rocky
Randel s.
As a suggestion, in the future, when a council seat becomes vacated, the council
should consider allowing the voters in this city to choose whom they want as a
representative rather than the city council.
Thank you for your support and consideration.
Sincerely,
Robert Abbott
James Patriot O'Toole
November 11, 1997
Mayor and City Council
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FL 32920
Dear Mayor and Council Members,
200 International Drive, Suite 108, Cape Canaveral, FL 32920
1974191-111
z
71`iI'RIBUT(ON
City_ Council t/
Oty htr.r.
i:i,v Attu.
P,;h. \^t'r,r4�Dir.
audit b,i.
rn ,ince Dir.
I am writing to express my interest in the city council
seat, vacated by Rocky Randels. I have resided in the city since
1979 and have always paid my taxes, supported clean government
and supported the anti -nepotism referendum.
In 1996, Mayor Porter falsely and publicly accused me at
a city council meeting of distributing a three dollar bill
with his face on it. He also accused me of distributing copies
of his "MISSING - CALL HIS MOTHER" poster. Copies of these
items have been logged in at city hall.
I didn't have anything to do with it!
Thank you for your support and consideration.
Sincerely,
James Patrick O'Toole
Resident and Taxpayer
CC: Florida Today, Frank Donnelly
Space Coast News, John Barnes
Attachments: John K. Porters Three Dollar Bill
John K. Porter "Missing -Call His Mother" Poster
LAST SEEN AT T-BONES in CAPE CANAVERAL
IF YOU SEE THIS PERSON
CALL HIS MOT"ER
AT
i� i
1layor
Ciiy Ccun:il
City qtr
—_
Ciiy
_At_ty.
JOHN
K. PORTER ---_
LAST SEEN AT T-BONES in CAPE CANAVERAL
IF YOU SEE THIS PERSON
CALL HIS MOT"ER
AT
i� i
HANS K. SAURENMANN
November 11, 1997
Mayor & City Council
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Mayor and City Council Member,
UTION
NAayor _ _
City Council
Ci.y Mgi�.
Cay Attu. _
'r'ub. 1':wr;s Dir.
I am writing to express my interest in the city council seat, vacated by Rocky
Randels. I have resided in this City since 1987 and have supported open government, anti -
nepotism in appointments to boards and quality growth. I am independent with no hidden
agenda.
Leo Nicholas should be disqualified from consideration because of his Ethics
Violation (87-47) for which he received a Civil Fine of $ 1,500.00. (A copy is logged in at
City Hall)
JOY SALAMONE SHOULD BE DISQUALIFIED BECAUSE AS MAYOR SHE WASTED
IN EXCESS OF $300,000.00 IN TAX PAYER MONEY "STUDYING" THE SEWER PLANT
PROJECT THIS OCCURED AT A TIME W IEN THE AIRFORCE AND PORT WERE WILLING
TO JOIN IN THE PROJECT — SHE USED POOR JUGEMENT AS MAYOR.
As you all know, I have always been up front with this City Government.
Thank you for your support and consideration. /
f�G?�
HANS K. 5
CC: FLORIDA TODAY, Attn.: Frank Donnelly
SPACE COAST NEWS: Attn.: John Barnes
Attachments:
1) Commission on Ethics, Final Order and Public Report, Complaint No. 87-47, April 13,
1989
2) The Real Canaveral News
200 INTERNATIONAL DRIVE, SUITE 202, CAPE CANAVERAL, FL 32920
PHONE: 407-783-8876 • FAX: 407-783-2821
NOV-03-97 MON 01:16 PM RICHARD TH
erg M � -
407 783 28e
T4CHEQRNRVERAINE
Thispublication is funded on a very limited budget so _you may copy it and share it
with your friends and concerned citizens.
This publication wants to thank the city employees, past and present, for the information.
It is a pity you are forbidden to speak out freely to publicize the amount of money being
Brasted by the city and the continued poor morale of city employees.
The biggest issue for the citizens of this city is your sewer bill. You have seen your
sewer bill increase about 3 times more than what it -was 4 years ago and it will about
double in the next couple of years. THIS WAS WE TO POOR IQWAGMff= BY THE CM -
The city spent over $400,000.00 and over 2 years on a study to increase the capacity -
of the sewer plant. `There was no need to increase the capacity until after 1999.
And since we lost the PORT we didn't need it. All the city had to do was request an
extension to_pour our high grade treated reuse water into the Banana River and it would.
have been granted. -Instead they wanted to: adopt the "Arabian Plan". Remember Don Arabian'
Wasn't he a previous councilman who was noted for his"curse jar" for obscene language
at council meetings, and the one wbo said we didn't need children in this city and who
distorted figures in his presentations to the city and who gave reasons as to why we.
didn't have thunder storm. He recently sued the city to stop a playground from being
built near his house and LOST the suit.
Rocky Randels and the council praised Arabian as if he were the Messiah. They spent over
2 years studying a plan that the city's engineers stated from the onset ?,couldn't Work.
The city purchased about 40 acres of land north of the present sewer plant and were willinc
to purchase another 40 acres, when, after all this time, they couldn't make it Vork.
Don Arabian's main concern is to stop growth, no matter what the cost. And this was
very costly. Can you imagine the cost of 80 acres of prime land together with the
loss of revenue to the city from the developement of this land? Can you imagine 80 acres
of raw sewage visible as you entered the city from'.the north? Rocky Randels is now trying
to promote this land that the city 'bought for -the sev6r plant --(bad --ture) as a park
and is trying to take credit for this blunder as he has for the beautification of the city
We, as citizens, voted for and are paying for the beautification of this city, not Rocky.
But remember that there are maintenance costs associated with beautification. And if you
come off AIA and go down the President streets look how deteriorated they are. In some arc
there are slums. Look at the increase in crime and the increase in calls to the police
departsaent which the city has been able to keep out of the "criine watch" in the newspaper.
This city council has made no effort to attract good people and good businesses to the cit
To make matters even worse, the city had to get rid of it's reuse water.instead of makir.
it available to the citizens of this city for usage on their lawns as had been promoted
by the'developers, the city manager, Bennett Boucher, met with the officials cg Cocoa Beac
He was acconvanied by our City Works Director who told hire at the meeting to listen
what Cocoa Beach would offer for this grater. In the first few minutes of the meeting,
Bennett Boucher blurted out that we would give our water away FREE. Our Public Works
Director was smocked. So were the representatives from Cocoa Beach who were willing to
Pay 452,000.00 per month for this water. We have guaranteed Cocoa Beach this water and
they are selling this Water to the people south of them. When our Public Works Director
spread the word of this meeting, he was soon fired in an attempted "cover up".
As you saw the west side of AIA -was torn up to get Cocoa Beach the water and now our
City is placing water meters to -charge us for the reuse .rater that is left over from
11/03/97 14:19 TX/PY Nn 710u „ f%^, —
NOV-93-g7 MON 01--17 PM RICHARD THURM
_ 40T 783 2303 • ^ „ p��
Things got gorse, we lost the contract for the PORT's sewage Mich vas an ir► fl - '-
the city of over $400,400.00. Ad to this the lost revenue from giving the ren `ter
to Cocoa Beach at $624,040.00 ($52,000.00 per month for 12 months) and the los
future impact fees from the PORT and you have a loss of about 2 MILLION DOLLAR
you take: into consideration the $400,000.00 spent on the_2 year study for the p3anti._!
THIS IS POOR KMGFMENT by our city manager, Bennett Boucher and the city coun
Just this past week they praised him and gave him another raise. Rocky Randels has
continued to praise him and was very instrumental in getting him rehired after he was
fired 2 years ago. Remember he vas the minority vote of NOT to fire him. The reason
your sewer bills are going to continue to rise is to make up for this loss of 2 MILLION
Dollars -- just divide it up amoung the properties in the city and you will see that we
will have to pay for a long time in the future for this giant blunder. They are now
goirig:to tear up the east side of AIA to take the sewage from the Port to Cocoa Beach.
If it wasn='t such a_great deal for Cocoa Beach, why would they do it? MONEY. -
Since Rocky Randels has given up his seat to run for mayor wouldn't it be proper to
place. an the ballot a successor? No They want to appoint another member of their team
and not give the citizens an opportunity to choose. For the record, the deal is already
made as to the successor -.and Rocky Randels, John Porter and Leo Nicholas will•decide who
it will be. Remember Leo Nicholas? Wasn't he, while on council caught NUDE behind the
Cape Canaveral sewer plant by Police with another city umber while he was married?
Didn't he resign from city office because of this? wasn't he, while city manager of
Cape Canaveral found guilty by the state of'Florida for -Ethics violations and di=issed
from office? Wasn't he recently, as treasurer of the Veterans of Foreign Wars in
Cape Canaveral, kicked out -because -a large sum of money Was missing? was it more than.
$60,000.00. Ask the VW members. In'bis last year's election campaign literatdie
Leo Nicholas urged the citizens to keep the "team" together. He lost the election by
receiving the lowest vote total and the lowest percentage vote total in the history -
of the city.. Were the voters trying to tell him something? It didn't matter. Soon after
his resounding loss, Rocky Randels and the council appointed him to the Planning and Zoning
Board so they could continue to have a tease member in their park and continue to have an
adverse effect on the progress of this city. Have there been any violations of the
sunshine law?
7M REAL ROCKY RANDEIZ
Look for a crowd of people; Look for a city meeting; Look for a yellow Mercedes outside
City hall; Look for a photographer and you will find Rocky Randels -with a package of
city papers in his hand promoting himself and. his-. ego. He practically lives in city hall
and has spent 5 times more time there than all'the council people gdwbined for 20 years.
He wants to fmrry the city and in the past has been totally unsuccessful in marriage.
Presently he is going through his 3rd divorce which started because.he wouldn't buy
medicine for his terminally ill wife, Judy Randels. Has he done everything possible
to give her as little as possible after nearly 20 years of marital abuse? Has he continua.
harassed her and how many times did she have to runout of the house to neighbors on
Central Boulevard for protection? Ask Judy Randels! A.ek the neighbors! 2 years•ago he
was "showing off" a couple of investment checks at city hall which were worth nearly � NIL:
DOLLARS and was asking advice on how to invest his money. Yet recently -in court this past
month he denied this was his money as he brought in about 5 high priced attorneys in the
divorce case to say he had very little money and therefore couldn't -give her much.
At present the poor woman has little money and is in a nursing home; A more -lovable woman
than Judy Randels you will not find. Hoar could he do this to her? Rather than take care
of his 3rd sick wife he was helping a girlfriend move her furniture after she separated
from her boyfriend/husband about 1 month ago. How conte his sons have very little to do
'With him? What were the circumstances surrounding his stepsons suicide? Did he keep
remortgaging his house so it would have no value and his wife would get very little money
from it? hasn't he been copying personal papers in city hall for years, without paying,
and as -an expense to the city? We challenge him to take a polygraph on this issue.
Just ask the .employees of the city and especially in City Hall how he disrupts _the city.
Does he eat stale donuts out of -the trash basket in city hall? And drink their coffee?
1 1 in -z X07 1 A . 1,l .., ..... ..
NOti-03-97 MON 01:18 PM RICHARD THURM
407 783 2303'
,Is Rac°ky Randels on a total disability due to a mental condition? Isn't he to
psychiatric drugs? Isn't he frequently saying "I cant reme�r that" or Gors
know that". Isn't it true that the post office didn't want iiim back to work a
leave of absence? Can you guess Why?
DISTRIUU_i
wcr
Bu 'f ut
Has Rocky Randels interfered with the by telling telling people they did not need a Permitt'whenpironcess in the bulIdfng depa
city money? money? Has he gone out to John Stle �s storage
they did and this cost the
body of the city, and e y g garages, saying he Was an investigativt
carry but a personal inspection on hie own? Ask John Stilley.
Has he, as self proclaimed ambassador of the Radisson Hotel, know of building code violation:
in their building expansion, and didn't report it to the city? What kind of compensation
does he -get from the Radisson Hotel? Is this a conflict of interest? Do you believe
does it for nothing? Didn't he know the city Sewer expansion vae started without a
Ormit the didn't take action against the city manager, Bennett Boucher_ The city did
catmait this violation: Hasn't he interfered with the code enforcement process in this
City? Asking favorable decisions for friends and political supporters? Ask the present
and Past -code enforcement officers. Isn't this an ethics violation?
Rocky Randels is for more governMent'in our city. He wants more boards and more r
so he will bane more control of the lives of the citizens. It makes him feel i dation.
He is in favor of the city telling you what color to int mportant.
In your Yard and even in your house. Your house and What you can have
Rocky has promised us a supermarket, just as the past 2 mayors 'in this city. 'The reason
we don't have one is because .we don't have ericyugt� people. and the cit is a inst
and growth. The city is still ogress
almost 309 vacant land. Rocky and the council, ern though
they Won't admit it publicly, are against business. They don't promote
and hassle a21 new businesses cosnirig to to* local businesses
M. Ask Mona's Restaurant. She had to close
because of ridiculous and outdated ordinances in this city. Ask any businessesif they
would reopen in the city? Ask Call One, AJT, Race Trac, Purcell '
the city gave them? Rocky Randels is trying to ta}ce credit for the Peeve�,ppaproblem of e�
north end of the city. The developers themselves are totally responsible for therss
and appearance. Everything that has been built new is an asset to the city. There ogee
ghettos in this area. The busino
nesses at the. north end of the city indicate they are
either at the PERT or North Cocoa Beach.
to be associated with the city. Do you know why? It is because they don't want: Why are properties in adjacent Cocoa Beach worth 25-35%
more than Cape CanaYeral? Did you ever see a sign by the city to promote it for new people
or new businesses? Never.
Rocky was: -in Payor stopping animal -control in ;this- city. : we. have over 12, 000 wild and
rabied cats roaming the streets and that number will double in -the Saxt:'fev years.
Or'-- of Rocky's supporters in Harbor Heights is a "Cat Lover". Score: Cats 1, people 0.
Also, wasn't Rocky supporting and carrying a campaign sign last year fflr a council member who
has a drinking problem and who comes to council meeting under the influence of alcohol?
Why isn't anyone reporting this to the state? Who will take the initiative to
this team? We challenge Rocky to dispute any of the above. break .up
The last exercise in futility was the painting of city hall by the volunteers. You had
a whole flock of people in a party atmosphere. Host important was that the-voiunteerii
got their names in the press. Less important was that it cost the city mora money
in having the volunteers do the job than a licensed
contractor in 1 days work. frith the volunteers, the city
bonded experienced painting
building for paints Y departments had to prepare the
at the quality of ng and had to eaver so many areas for inexperienced painters. Look
the city's ity ofitheiJob. Alsoof note that
no permit was obtained. Did anyone ever consider
Another a Ie of volunteers fell orf a ladder and was injued?
xarT poor management and preservation of political egos.
When you go to the poles on election day and see Rocky Randels with his sign, smiling,
think of Judy Randeis in -the nursing home, physically and mentally a broken person.
H�i�ss Supporters at the poles support _ this type of behavior.
N 1 T-qMR 2 13en]ie E t " Beaver* Boucher
-What happened
Profile on THE REAL, g� �• SpiNELESSFT.SGS the sexual'_ harassment suit?
http://www.scri.fsu.edu...icsa htm1/87.47.fo.htm1
BEFORE THE
STATE OF FLORIDA
COMMISSION ON ETHICS
In re LEO C. NICHOLAS, )
Respondent. ) Complaint No. 87-47
FINAL ORDER AND PUBLIC REPORT
http://www.scri.fsu.edu/ethics/orders/ethicsa—html/8747.fo.htmi
This matter came before the Commission on Ethics for final action on review of the Recommended Public
Report of the Hearing Officer (a copy of which is attached and incorporated by reference). The
Respondent filed exceptions to the Recommended Public Report, which recommends that the
Commission find that he violated Section 112.313(6), Florida Statutes, by using his official position as
City Manager of the City of Cape Canaveral to order the City Building Official to issue a building permit.
Having reviewed the Recommended Public Report, the Respondent's exceptions, and the record of the
public hearing of this complaint, and having heard the arguments of counsel for the Respondent and of
the Commission's Advocate, the Commission makes the following findings, conclusions, rulings, and
recommendation:
Findings of Fact
The findings of fact set forth in the Recommended Public Report are approved, adopted, and
incorporated herein, with the following exception. Paragraph 13 of the Hearing Officer's findings of fact
refers to a meeting between the Respondent and Mr. Gunn on March 26, 1989. Based on a review of the
record, that meeting occurred on March 26, 1987 and not 1989.
Conclusions of Law
The Conclusions of Law set forth in the Recommended Public Report are approved, adopted, and
incorporated herein.
Rulings on ResWndent's Exceptions
ResWndent's Exceptions
The Respondent's exception to paragraph 13 of the findings of fact contained in the Recommended Public
Report is adopted to the extent it relates to a meeting between the Respondent and Mr. Gunn held on
March 26, 1987 rather than on March 26, 1989, as noted above.
The Respondent filed exceptions to paragraphs 3, 7, 8, 9, 10, 11, 14, 16, 20, 22, 23, 25, 26, 27, 28, 29,
and 30 of the findings of fact contained in the Hearing Officer's Recommended Public Report, arguing
that there was no competent substantial evidence presented at the public hearing to support these findings
1 of 3 7/19/97 9:08 PM
U1S1R1BUT11
412 Lincoln Avenue Mayos _- -
Cape Canaveral, FL 32920 �'r'�
11 November 1997
cry �r1y_ —
Puk.
T0: Mayor Randels and the City Council
105 Polk Avenue
Cape Canaveral, FL 32920
SUBJECT: City Council Seat Vacancy
Dear Mayor and Council,
I respectfully request that the council appoint me to the city
council seat recently vacated by Mr. Randels. If granted this request
I pledge to serve as an open-minded and objective member of the council.
My reason for seeking this position is that I wish to serve my
community to the best of my abilities. I think that it is incumbent
on every citizen, at one time or another in his life, to do his civic
duty: to give something back to his nation, his state, his town.
Those of you who have followed my contributions to the Community
Appearance Board have seen me approach it as an enVusiastic newcomer.
During the course of one year on the board my thinking towards the
governmental regulation of beauty and appearance has somewhat solidified
and we have had some intense debates. And although I do not see eye to
eye with every board member I know that I can be viewed as a team player.
I am honestly seeking to work towards the good of the community while
preserving the rights of its citizens.
As a member of the City Council I would bring an inquiring mind
as well as a cooperative spirit. If allowed to serve on the board I
look forward to participating with the same degree of conscientiousness
and fairness as I have on the Community Appearnace Board.
In closing, I feel that I must also mention my strong showing in the
recent mayoral race. Forty-three percent of the voters expressed their
desire to see a new face on the council. I would greatly appreciate
the opportunity to fulfill their wishes.
I am,
Respectfully,
(V4 1 � �ec �
Richard S. Treverton
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 16,1997
7:00 P.M.
MINUTES
CALL TO ORDER: Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION:
Mayor Porter and Mayor Pro Tem Randels presented Mr. William Eppley with a Mayor's Award for
his distinguished volunteer service to the community.
CONSIDERATIONS:
1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Minutes of
August 5, 1997, September 2, 1997 and September 9, 1997. The motion passed 5-0, with voting
as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor
Pro Tem Randels, For. (Tape 1, 337)
2. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the CCVFD
Contract for Fire and Emergency Medical Services. The motion passed 5-0, with voting as
follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor
Pro Tem Randels, For. (Tape 1, 364)
e:\cityclerk\cityclk\irmutes\regtW 1 997\09-16-9 7.doc
City Council Regular Meeting Minutes
September 16, 1997
Page 2
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Equipment
Lease Agreement with the Cape Canaveral Volunteer Fire Department (CCVFD). The motion
passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor
Porter, For, and Mayor Pro Tem Randels, For. (Tape 1, 420)
4. (Tape 1, 446) Reclaimed Water Installation Policy (Commercial & Multi -Family)
City Manager, Bennett Boucher, reiterated Public Works Director, Ed Gardulski's background
information that the average per unit cost for reclaimed water for Multi -Family and Commercial
services are less than the per unit cost for single family residential service. The city could set a
fixed application fee such as $100, $500, $1,000 or based on backflow device size.
Mr. Petsos queried if it is known the percentage of greenspace available for irrigation relative to
the number of households, which should be considered as criteria. He also opined that there
should be differences in fees of residential and commercial because commercial entities are profit
making. He also suggested that a cap for multi -family and commercial installations be developed.
Mayor Porter queried if residential property installations could absorb all the grant funding? Mr.
Gardulski stated that it would not. He related that it might be appropriate to allocate the grant
funding proportionately to residential, multi -family and commercial hookups.
Consensus was to defer consideration for discussion at workshop scheduled for 6:00 p.m. on
September 23, 1997.
RESOLUTIONS:
5. (Tape 1, 1292) Resolution No. 97-29, Board of Adjustment Re -Appointments
A motion was made by Mr. Randels and seconded by Mr. Petsos to approve
Resolution No. 97-29, inserting the names Ronnie Farmer as a regular member and
Marilyn Rigerman as an alternate member, with terms to expire October 1, 2000.
Council concurred that in the future, all board re -appointments should have an
attendance record submitted to Council and that they should be requested to appear
before Council. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
6. (Tape 1, 1386) Resolution No. 97-30, Library Board: Re -Appointment
A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No.
97-30, inserting the name Geraldine Vavrek, with a term to expire on October 1, 1999. The
motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For.
7. (Tape 1, 1440) Resolution No. 97-31, Code Enforcement Board Re -Appointments
E:lcityclerk\CityClk\MINUTESIREGULAR11997\09-16-97. doc
City Council Regular Meeting Minutes
September 16, 1997
Page 3
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Resolution
No. 97-31, inserting the names Walter Godfrey, Jr., Karen Hartley and Mary Russell, with
terms to expire on October 1, 2000. The motion passed 5-0, with voting as follows: Mr. Bruns,
For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
8. (Tape 1, 1495) Resolution No. 97-32, Recreation Board Re -Appointments
Recreation Director, Nancy Hanson, submitted a letter requesting that the Library Board
have an opportunity to review the re -appointments before Council consideration. Council
concurred to postpone the matter until the next meeting.
9. (Tape 1, 1517) Resolution No. 97-33, Community Appearance Board, Appointment from
Alternate to Regular Member
A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No.
97-31, advancing alternate member, Delores Stribling to regular membership, with a term to
expire on May 1, 1998. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
DISCUSSION:
10. (Tape 1, 1548) Contract Extension for Garbage Collection and Recycling Services.
City Manager, Bennett Boucher, reported that he, Mr. Randels and Mr. Fadul of USA
Waste have not had an opportunity to meet and requested postponement. Mr. Petsos
suggested that they address the issue of consistent pickup scheduling the day after all
holidays. Mayor Porter requested that dumpsters and enclosure configurations be
considered as a priority goal.
11. (Tape 1, 1739) 1997/98 Law Enforcement Contract.
Council concurred that Mr. Michael Abel, Sheriff's Department, should attend to explain his
letter to Council. They agreed that the Sheriff's contract has to be scrutinized thoroughly, in
that is bar far the fastest growing budget in the city. There was extensive discussion
regarding officers taking vehicles home and do not live in the city (Indianapolis Plan). Major
George McGee explained the rationale for the plan. Council concurred to defer further
discussion until the October 7, 1997 meeting.
12. (Tape 1, 3286) Reclaimed Water Service Agreement with the Canaveral Port Authority.
Mark Reining, Hartman & Associates representing the Canaveral Port Authority, explained
that he had developed the first draft agreement simply as a starting point for discussion. Mr.
E:\cityclerk\CityClk\MINUTES\REGLTLAR\1997\09-16-97.doe
City Council Regular Meeting Minutes
September 16, 1997
Page 4
Hernandez related his concern that there were no gallons stipulated in the verbiage for
capacity need. Mr. Reining stated that he would revise the agreement for later submittal to
Council.
13. (Tape 1, 3617 —Tape 2) SSA Fee Proposal for pavement Testing and Design of Commerce Street
John Pekar, Stottler, Stagg & Associates presented soil -boring samples taken from Commerce
Street down to five -feet. He explained that the entire roadway is dredged material, stating that
the entire area from the Banana River to the tree line was dredged in. He related that it would
cost approximately $92,818 to reconstruct the road properly. Council concurred to have the City
Manager, Bennett Boucher, talk with the three property owners in an effort to avoid special
assessment costs if the city agrees to take ownership of the road. Mayor Porter queried if the city
could patch the street on an emergency basis. City Attorney, Kohn Bennett, related that because
it is a private street, it could become a code enforcement issue.
REPORTS:
City Manager — Bennett Boucher
• Mr. Boucher reported that Time Warner Cable has new channels available with converter boxes.
• Mr. Boucher reported that he rode with the Citizens Observer Patrol and was very impressed.
• Mr. Boucher reported that the survey on the Canaveral Port Authority land lease has been
received.
Audience
Joanne Anderson, resident, queried how many handicapped access crossovers there are to the
beach. She related that the one on Jackson is constructed in a maze that is difficult to maneuver
through and has a large drop off at the beach end. She related that there is no way a wheelchair or
a lark can make the passage. Public Works Director, Edward Gardulski, related that there is
another handicapped ramp on Taylor Avenue and concurred that they do need to be rebuilt and
will try to make an adjustment to prevent drop-offs.
City Clerk — Sandra Sims
• Ms. Sims reported that Mayoral Candidate qualifying ended today and that there are two
candidates, Rocky Randels and Richard Treverton.
City Attorney — Kohn Bennett
No report.
Mayor Pro Tem — Rocky Randels
E:lcityclerklCityCIkIMINUrES\REGULAR11997\09-16-97. doe
City Council Regular Meeting Minutes
September 16, 1997
Page 5
Mr. Randels reported that he attended a meeting at the Port with Charlie Bronson and Randy
O'Brien regarding the Banana River clamming issue.
Mr. Randels related a magazine article reporting on a Mayor who was suing his city for a sidewalk
accident.
Council Member — Buzz Petsos
Mr. Petsos related that he saw a city bumper sticker for the city of Niceville and suggested that
the City of Cape Canaveral consider having some printed. He related that he would research the
cost.
Council Member — Tony Hernandez
No report.
Council Member — Burt Bruns
• Mr. Bruns reported that the Washington Avenue house demolition is progressing, even though
slowly. He expressed concern about the concrete buttresses that will be exposed with erosion.
• Mr. Bruns reported that he attended his first regional water meeting and was impressed by the
heavy issues presented. He also took a tour of the Cocoa water facilities.
Mayor — John Porter
• Mayor Porter proposed the next volunteer project for eliminating curb cuts, planting and installing
sidewalks along North Atlantic from the Amoco station and beyond the VFW. Council concurred.
There being no further business, the meeting adjourned at 10:04 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
E:lcityclerk\CityCIk1MINUrES1REGULAR11997109-16-97.doc
CITY COUNCIL
SPECIAL MEETING
City Hall Annex
111 Polk Avenue
Cape Canaveral, Florida
TUESDAY
September 23, 1997
5:30 P.M.
MINUTES
ROLL CALL: Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
Public Hearin$
Resolution No. 97-34: Final Millage for Fiscal Year 1997/1998
Mayor Porter read Resolution No. 97-34 in full.
A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES
FOR 1996 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Porter and seconded by Mr. Bruns to approve Resolution No. 97-34, amending
the resolution to delete all references to "tentative." There was no public comment. The motion passed 5-0,
with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Pelsos, For; Mayor Porter, For; and
Mayor Pro Tem Randels, For.
Resolution No. 97-35: Final Budget for Fiscal Year 1997/1998
Mayor Porter read Resolution No. 97-35 in full.
11CAPE-NTtcape-nNcityclerklCityClk%MINUTESISPECIAL119971Final Budget 09-23.DOC
Cape Canaveral City Council Special Meeting
Budget Adoption
September 23, 1997
Page 2
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE
FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT
BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER
30,1998; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 97-35.
City Manager, Bennett Boucher, explained that the union requested a 3 -percent cost of living increase, which would cost
the city an additional $20,000, plus if approved. Council consensus was to approve a 2.3 -percent cost of living as approved
for general employees. There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For.
ADJOURNMENT: 5:40 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
\\cape-nt\cape-nt\cityclerk\cityclk\minutes\special\1997\final budget 09-23.doc
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Considerations
Item
g
No.
Please advise. -
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: JUVENILE ASSESSMENT CENTER DONATION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider a donation to help the transportation component of the Juvenile Assessment
Center.
Summary Explanation & Background:
Brevard Council is asking the city to consider (2) funding options; (1) $828.00 or (2) $2,800. Funds can be
allocated from General Fund Contingency.
Please advise. -
Exhibits Attached:
Brevard County correspondence of 10/23/97
City Nlana ' Office
Department LEGISLATIVE
BR EVAR
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
HELEN VOLTZ, Commissioner, District 5 Telephone: (407) 253-6611
1515 Sarno Road, Building B, Melbourne, FL 32935 FAX: (407) 253-6620
October 23,1997
City of Cape Canaveral
City Manager Bennett Boucher
P.O. Box 326
Cape Canaveral FL 32920-0326
Dear City Manager Boucher
Thank you for your consideration in the preparation of the Juvenile Assessment Center
transportation component. The enclosed proposal is a cost analysis based on the percentage of
population and the estimated cost per juvenile arrested in each city. These figures seem to be a
more equitable way to address each city's proposed portion of the transportation component.
Please take into consideration the estimate of transportation costs could be higher.
Commissioner Voltz would be happy to address the Council. Please let our office know when
this JAC issue will be on the Council agenda and Commissioner Voltz will be present for
discussion. If she is unable to attend she would appreciate notification of the Council's final
decision in this matter. West Melbourne was presented with figures based on population and
juveniles arrested, and the Council voted to donate $1500, which is more funds than the quoted
population figures. Rockledge unanimously voted to participate fully ($5000) in the
establishment of the Juvenile Assessment Center. The Commissioner appreciates their
commitment very much.
The Commissioner would like to thank you for your interest, concern and commitment. It is
important that Brevard County work together to make our Juvenile Assessment Center
successful. By building a service system based on local needs and local resources, each
Assessment Center is able to respond to the unique priorities of their conununity. Citizens can
begin to restore their confidence in the juvenile justice system because it is working better than
ever before, and because they can make changes when changes are indicated.
Sincerely,
Dot Estes
Special Assistant
PRINTED ON RECYCLED PAPER
Transportation Cost Analysis for Brevard County
Juvenile Assessment Center
1. Van -Pool lease @ $575 per month $ 6,900
with purchase of fuel per year $19,500
2. Salary for two on call drivers per year $15,000
this figure could be higher
$41,400
Option 1: The County has a Van -Pool program that the JAC
could lease vans to accomodate our needs yearly, which would
include all services except the purchase of fuel.
In 1996 Cape Canaveral had 2% of the population in Brevard
County (8,375).
41,400 x.02% = $828
Option 2: The Juvenile Assessment Center packet sent to each
city estimated cost of $80.00 per juvenile, which could be
estimated as to how many juveniles are arrested in each city,
which was included in your packet.
Based on figures for 1996, Cape Canaveral arrested approximately
35 juveniles.
$80.00 x 35 = $2,800
Make check payable to: Brevard County Juvenile Assessment Center - Mailing
address: % SunBank, P.O. Box 1496, Titusville, Florida 32780 (tax deductible)
11tU lU.UJ t `1 .l 4U7 IiJJ 4-UU t--"� ._�
Table 1.—Estitnates of Population by County and Municipalit}' in Florida: April 1, 1996
(Continued)
• 1 •0 0
• +� ? ;I ;y+rh
A s larw�• »y.. N� S � s, •
I:r•A:
1 � �-�- fez.. �•c
• •• . �. +ram}..��.. .r y
• • . • ' , +t?�''�1 Lit '1�''� 'y N�2i��n`•''�`•'l�S,.cat`�'
• • • i ✓ �?��= s •?:rw` �1 •.' �.,�r`"rr'4?�'�ti +� yr
•• •. �•►�9•�. .`taY•�,r._. rw.•�w .fit ii ��.•'
• • • ire-+ t• w nt.
• • 1 ��r'l. •�T.�+yy.L.e t:._ 1. �•1,::.i��'4
• • • 'l •ia; .�^•'�*i.'•'i,��i 4�'rJ�•�Ys��r�RwJ'
• i.
yJ•���T��l i1 -,;.moi �M,r� ��`���ia t:�'
,r. y �•. t �:C
1 , i�ti••3„�i+��..',.a.•Si.^ryE�a�,Lt=�r`'.� :�a�trl !
Bureau of Economic and Business Rcscarch. University of Florida
1996 Florida Estimates Of Poptrl260n
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Hmding
Considerations
item
9
No.
Christmas Bonus Worksheet
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: EMPLOYEE CHRISTMAS BONUS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council approve the annual employee Christmas bonuses.
Summary Explanation & Background:
See attached worksheet for detail. This is a budgeted item.
I recommend approval.
Exhibits Attached: -
Christmas Bonus Worksheet
City er Office
Department LEGISLATIVE
_—�
uncihtneetingll - xmasbonus.doc
Christmas Bonus
Breakdown of Accounts
Emp
Hire Employee
Fund and
Fund #
Fund #
Fund #
#
Date Name
1995
1996
1997
Account Number
001
106
401
3
2/18/81 Boucher, Bennett C
235.00
250.00
265.00
001-02
185.50
79.50
13
12/6/95 Bowers, Andrea L
12.50
27.60
42.60
001-02
29.75
12.75
5
9127/93 McIntire, Kim
65.00
70.00
85.00
001-02
59.60
25.50
8
4117/95 Sims, Sandra
25.00
40.00
55.00
001-02
38.60
16.50
9
5113/94 Stills, Susan
40.00
55.00
70.00
001-02
49.00
21.00
111
9/8/93 Puleo, Cheryl
42.50
57.50
72.50
001-11
36.25
36.25
27
2118/97 Coe, Patricia
12.60
001-04
12.50
28
2118197 Dack, Rolanda
12.50
001-04
12.50
17
1/18/96 Frere, Joann M
12.50
27.50
001-04
27.50
33
5125/76 Homer, Wally
108.29
108.29
100.00
001-04
100.00
51
4/19/89 Chapman, Susan L
115.00
130.00
145.00
001-06
145.00
15
6/1194 Grinstead, Kenneth
27.60
42.50
57.50
001-06
57.50
4
3/18/96 Moran, G J
25.00
40.00
001-06
40.00
14
3119/90 Mullins, Gregory S
100.00
116.00
130.00
001-06
130.00
18
1/16196 Barker, Scott A
25.00
40.00
001-07
40.00
106
2/27195 Daine, Francis
25.00
40.00
$5.00
001-07
55.00
7
6/10/96 Davis, Timothy J
25.00
40.00
001-07
40.00
103
10/3191 Dawson, Cathy
85.00
100.00
115.00
001-07
115.00
107
6/13/90 Evans II, Donald W
100.00
115.00
130.00
001-07
130.00
104
6128191 McKee, Kay O
85.00
100.00
115.00
001-07
80.50
34.50
19
6/2/92 Richart, Michael
70.00
85.00
100.00
001-07
100.00
12
915166 Akery, Carl R
460.00
476.00
490.00
401-10
490.00
61
12/17/90 Bandish, Wafter M
85.00
100.00
115.00
401-10
115.00
102
9/2/86 Clark, June A
160.00
175.00
190.00
401-10
190.00
62
10/24/89 Cordero, Carlito G
115.00
130.00
146.00
401-10
145.00
63
12/16/90 Dasno, Barbara E
85.00
100.00
115.00
401-10
115.00
23
919196 Dujardin, Thomas R
25.00
40.00
401-10
40.00
56
6/12/89 Fox, Raymond W
115.00
130.00
145.00
401-10
145.00
29
313/97 Gardulski, Edward
25.00
401-10
7.60
7.60
10.00
6
3/18/96 Hernandez, Amelia
25.00
40.00
401-10
40.00
22
9/9/96 Hicks, Charles E
25.00
40.00
401-10
40.00
105
7/5189 Kulac, Chris T
102.60
117.50
132.50
401-10
132.60
20
4/29/96 Marks, Helen P
25.00
40.00
401-10
40.00
65
8/19/91 McCormack, Larry
86.00
100.00
115.00
401-10
116.00
30
3131197 O'Hara, Michael
25.00
401-10
25.00
94
10/16/90 Pappas, Karen D
87.50
102.50
117.50
401-10
17.63
17.63
82.25
11
2/6189 Prince, Paul E
115.00
130.00
146.00
401-10
145.00
68
8110/92 Taylor, Melton J
70.00
85.00
100.00
401-10
100.00
45
10/23/90 Veenstra, Kenneth
100.00
115.00
130.00
401-10
130.00
35
5113193 Applegate, Lonnie
42.60
57.50
72.50
001-11
72.50
32
6/21178 Hanson, Nancy L
280.00
295.00
310.00
001-11
310.00
37
3/21/83 Norman, Francoise
192.50
207.50
222.50
001-11
222.60
10
6117/96 Schryer, Jack L
12.50
27.50
001-11
27.50
25
10/2/96 Webber, Bruce
12.60
27.50
001-11
27.50
43
7/28/86 Welton, Donna
147.60
162.50
177.50
001-11
177.50
BONUSALS
Christmas Bonus
Breakdown of Accounts
TOTAL 3,368.29 4,030.79 4,697.50
Crossing Guard: Bonuses for School
Crossing Guards are capped at $100.00
net; these employees work 7.5 hours per
week
Part-time Employees: $12.50 first year,
$16.00 each additional year
Full-time Employees: $25.00 first year;
$15.00 each additional year
BONUS.XLS
Christmas Bonus
Breakdowns:
001-02-513.11
398.50
001-04-621.12
162.50
001-06-524.12
372.50
001-07-541.12
585.63
001-11-572.12
837.50
105-15-539.12
59.63
401-10-535.11
191.50
401-10-535.12
2,099.75
TOTAL 4,697.50
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Considerations
Item
10
No.
See attached worksheet and Amendment No. 1 document for additional details.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: STATE REVOLVING LOAN FUND - AMENDMENT NO. 1, RECLAIMED WATER REUSE
FACILITIES
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council authorize the mayor to execute this loan amendment.
Summary Explanation & Background:
This is the final close-out for the SRF loan for the reuse facilities. The annual debt service payment was
reduced by $726.13 to $72,997.88. The new principal balance is $2,108,224.04 at an interest rate of 2.97%
with a final maturity in 2016.
See attached worksheet and Amendment No. 1 document for additional details.
I recommend approval.
Exhibits Attached:
SRF correspondence
City is Office —
Department WATER RECLAMATION/PUBLIC
WORKS
g:\admin\council\meeting\ 1997\ l 1-18-97\srf.doc
Lawton Chiles
Governor
October 22, 1997
Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Honorable John K. Porter, Mayor
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920-0326
Re: CS120825030 -Cape Canaveral
Reclaimed Water Reuse Facilities
Dear Mayor Porter:
Virginia B. Wetherell
Secretary
Enclosed are three original copies of proposed Amendment 1 to State Revolving Fund loan
agreement CS120825030. The amendment adjusts the project costs and reduces the semiannual
loan payment. The adjustments are final unless further revisions become necessary as a result of
an audit. A loan statement showing the calculation of capitalized interest and an amortization
schedule are also enclosed.
Please sign and seal the enclosed three copies and return them to us within 3 weeks at the
address in the letterhead, Mail Station 3505. We will arrange for Secretary Wetherell to sign the
document and mail a fully executed copy to you. If this Amendment is not fully executed before
the next payment date, April 15, 1998, the higher payment amount specified in the Loan
Agreement will be due.
If you have any questions, please call Tina Pyles at (850) 488-8163.
Sincerely,'
/ t
. B'er�ry�i, P.E., ief
Bureau of Water Facilities Funding
DWB/tp
Enclosures
cc: Bennett Boucher - Cape Canaveral
Printed on recycled paper.
10/21/97 REVOLVING FUND LOAN Page 1
***REPAYMENT SCHEDULE***
Local Government: Cape Canaveral
Loan Number: CS120825030
Annual Payment Date: Apr 15/Oct 15
ORIGINAL LOAN Interest Rat 2.97%
SUBTOTALS 2,921,367.18 723,109.53 2,198,257.65
*Principal outstanding may reflect disbursements during 20 -year term.
Pmt
Interest
Principal
Principal*
Year
No.
Payment
Paid
Paid
Outstanding
1996
0
2,198,257,65
1997
1
73,724.00
25,486.59
48,237.41
2,150,020.24
1997
2
73,724.00
31,927.80
41,796.20
2,108,224.04
1998
3
72,997.88
31,307.13
41,690.75
2,066,533.29
1998
4
72,997.88
30,688.02
42,309.86
2,024,223.43
1999
5
72,997.88
30,059.72
42,938.16
1,981,285.27
1999
6
72,997.88
29,422.09
43,575.79
1,937,709.48
2000
7
72,997.88
28,774.99
44,222.89
1,893,486.59
2000
8
72,997.88
28,118.28
44,879.60
1,848,606.99
2001
9
72,997.88
27,451.81
45,546.07
1,803,060.92
2001
10
72,997.88
26,775.45
46,222.43
1,756,838.49
2002
11
72,997.88
26,089.05
46,908.83
1,709,929.66
2002
12
72,997.88
25,392.46
47,605.42
1,662,324.24
2003
13
72,997.88
24,685.51
48,312.37
1,614,011.87
2003
14
72,997.88
23,968.08
49,029.80
1,564,982.07
2004
15
72,997.88
23,239.98
49,757.90
1,515,224.17
2004
16
72,997.88
22,501.08
50,496.80
1,464,727.37
2005
17
72,997.88
21,751.20
51,246.68
1,413,480.69
2005
18
72,997.88
20,990.19
52,007.69
1,361,473.00
2006
19
72,997.88
20,217.87
52,780.01
1,308,692.99
2006
20
72,997.88
19,434.09
53,563.79
1,255,129.20
2007
21
72,997.88
18,638.67
54,359.21
1,200,769.99
2007
22
72,997.88
17,831.43
55,166.45
1,145,603.54
2008
23
72,997.88
17,012.21
55,985.67
1,089,617.87
2008
24
72,997.88
16,180.83
56,817.05
1,032,800.82
2009
25
72,997.88
15,337.09
57,660.79
975,140.03
2009
26
72,997.88
14,480.83
58,517.05
916,622.98
2010
27
72,997.88
13,611.85
59,386.03
857,236.95
2010
28
72,997.88
12,729.97
60,267.91
796,969.04
2011
29
72,997.88
11,834.99
61,162.89
735,806.15
2011
30
72,997.88
10,926.72
62,071.16
673,734.99
2012
31
72,997.88
10,004.96
62,992.92
610,742.07
2012
32
72,997.88
9,069.52
63,928.36
546,813.71
2013
33
72,997.88
8,120.18
64,877.70
481,936.01
2013
34
72,997.88
7,156.75
65,841.13
416,094.88
2014
35
72,997.88
6,179.01
66,818.87
349,276.01
2014
36
72,997.88
5,186.75
67,811.13
261,464.88
2015
37
72,997.88
4,179.75
68,818.13
212,646.75
2015
38
72,997.88
3,157.80
69,840.08
142,806.67
2016
39
72,997.88
2,120.68
70,877.20
71,929.47
2016
40
72,997.62
1,068.15
71,929.47
0.00
SUBTOTALS 2,921,367.18 723,109.53 2,198,257.65
*Principal outstanding may reflect disbursements during 20 -year term.
10/21/97
****LOAN STATEMENT****
Local Government: Cape Canaveral
Loan Number: CS120825030
Payment Number: 2 of 40
ORIGINAL LOAN
Int Rate: 2.97%
Total Owed At
Date Balance Forward Disbursements Interest 10/15/97
04/15/97 2,150,020.24 0.00 31,927.80 2,181,948.4
Subtotals 2,150,020.24 0.00 31,927.80 2,181,948.04
Payment (73,724.00)
Balance (Original Loan) 2,108,224.04
TOTALS 2,150,020.24
TOTAL PAYMENT
BALANCE
REMAINING UNDISBURSED LOAN AMOUNT
0.00 31,927.80 2,181,948.04
*The semiannual payment is prorated among loan parts based on amount owed at payment.
Note: Printed values are rounded to the nearest cent; however, values are carried beyond
two decimal places in the computer. Totals reflect the more accurate values.
(73,724.00)
2,108,224.04
0.00
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STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT CS120825030
CITY OF CAPE CANAVERAL
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL,
FLORIDA, existing as a local government agency (Local Government) under the laws of the
State of Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number CS 120825030, authorizing a Loan amount of $2,182,000, excluding
Capitalized Interest; and
WHEREAS, the Project costs need adjustment to reflect actual costs; and
WHEREAS, the Local Government has made two Semiannual Loan Payments to the
Department; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect the Capitalized
Interest actually incurred; and
WHEREAS, the Project schedule needs revision to include certain dates established during the
final construction inspection; and
WHEREAS, revision of Article II, Section 2.01 (15) is appropriate so that the Local Government
may submit the required annual certification at the time that it submits its annual audit.
NOW, THEREFORE, the parties hereto agree as follows:
1. The total principal amount loaned to the Local Government was $2,198,257.65,
which consisted of $2,140,038.00 disbursed to the Local Government, the Loan Service Fee of
$41,962.00 disbursed directly to the Department, and $16,257.65 of accrued Capitalized Interest.
2. The unpaid principal of the Loan is $2,108,224.04, which amount accounts for the
Department's receipt of two Semiannual Loan Payments and is at an interest rate of 2.97 percent
per annum.
3. The Semiannual Loan Payment amount, adjusted to account for payments received
from the Local Government to date, is hereby revised and shall be in the amount of $72,997.88.
Such payment shall be received by the Department on or before April 15, 1998 and semiannually
thereafter on October 15 and April 15 until all amounts due hereunder have been fully paid.
4. Attachment A, Project Costs, is hereby deleted in its entirety and replaced with
Attachment A, Revision 1, attached hereto and made a part hereof.
5. Attachment B, Loan Disbursement Schedule, is hereby deleted in its entirety. Actual
disbursements are provided in the Semiannual loan statements.
6. Section 10.03, Project Schedule, is hereby amended to include Attachment C,
attached hereto and made a part hereof.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 to Loan Agreement CS120825030 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument. This amendment incorporates Attachments A and C hereto.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary of the Department and the Local
Government has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as set forth
below by the Secretary of the Department.
SEAL
for
CITY OF CAPE CANAVERAL
Attest by City Clerk
for
Mayor
Approved as to Form and Legality
City Attorney
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary
Date
ATTACHMENT A, REVISION 1: PROJECT COSTS
The Local Government and the Department acknowledge that changes in Project costs may occur
as a result of the Local Government's Project audit or a Department audit pursuant to
Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit, the following Project costs shall be final.
CATEGORY
COST
(1) Administrative Allowance
12,000.00
(2) Engineering Allowance
91,904.00
(3) Construction and Demolition
1,994,172.00
(4) Equipment and Materials
0
(5) Land
0
(6) Contingencies
0
(7) Technical Services During Construction
0
Contractual
2,182,000.00
Force Account
n
(8) Financing
0
Short Term
Refinancing
0
(9) Start-up and Performance Certification
0
SUBTOTAL
2,098,076.00
(10) Loan Repayment Reserve*
41,962.00
SUBTOTAL (Disbursed to Local Government)
2,140,03 8.00
(11) Loan Service Fee*
41,962.00
SUBTOTAL
2,182,000.00
(12) Capitalized Interest
16,257.65
TOTAL (Loan Principal Amount) 2,198,257.65
The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan
amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee
amounts; that is, two percent of $2,098,076 equals $41,962.
ATTACHMENT C: PROJECT SCHEDULE
The Local Government agrees by execution hereof:
1. The date on which the Department conducted the final construction inspection of the
Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan
funding. Certain construction -related costs may be eligible if incurred by the construction cut-
off date identified below.
2. The construction cost cut-off date established for the Project is June 8, 1997. Costs
incurred after this date are not eligible.
3. The date by which the third Semiannual Loan Payment becomes due is April 15,
1998. Semiannual Loan Payments shall be received by the Department semiannually on or
before October 15 and April 15 until the entire amount due hereunder has been paid.
4. The date for the certification required under Article II, Subsection 2.01(15) of the
Agreement is hereby revised; the certification shall be submitted annually with the audit required
under Article II, Subsection 2.01(12).
5. The close-out audit required under Subsection 2.01(14) of this Agreement shall be
submitted within twelve months after the effective date of this amendment.
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT CS120825030
CITY OF CAPE CANAVERAL
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL,
FLORIDA, existing as a local government agency (Local Government) under the laws of the
State of Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number CS 120825030, authorizing a Loan amount of $2,182,000, excluding
Capitalized Interest; and
WHEREAS, the Project costs need adjustment to reflect actual costs; and
WHEREAS, the Local Government has made two Semiannual Loan Payments to the
Department; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect the Capitalized
Interest actually incurred; and
WHEREAS, the Project schedule needs revision to include certain dates established during the
final construction inspection; and
WHEREAS, revision of Article II, Section 2.01 (15) is appropriate so that the Local Government
may submit the required annual certification at the time that it submits its annual audit.
NOW, THEREFORE, the parties hereto agree as follows:
1. The total principal amount loaned to the Local Government was $2,198,257.65,
which consisted of $2,140,038.00 disbursed to the Local Government, the Loan Service Fee of
$41,962.00 disbursed directly to the Department, and $16,257.65 of accrued Capitalized Interest.
2. The unpaid principal of the Loan is $2,108,224.04, which amount accounts for the
Department's receipt of two Semiannual Loan Payments and is at an interest rate of 2.97 percent
per annum.
3. The Semiannual Loan Payment amount, adjusted to account for payments received
from the Local Government to date, is hereby revised and shall be in the amount of $72,997.88.
Such payment shall be received by the Department on or before April 15, 1998 and semiannually
thereafter on October 15 and April 15 until all amounts due hereunder have been fully paid.
4. Attachment A, Project Costs, is hereby deleted in its entirety and replaced with
Attachment A, Revision 1, attached hereto and made a part hereof.
5. Attachment B, Loan Disbursement Schedule, is hereby deleted in its entirety. Actual
disbursements are provided in the Semiannual loan statements.
6. Section 10.03, Project Schedule, is hereby amended to include Attachment C,
attached hereto and made a part hereof.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 to Loan Agreement CS 120825030 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument. This amendment incorporates Attachments A and C hereto.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary of the Department and the Local
Government has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as set forth
below by the Secretary of the Department.
SEAL
for
CITY OF CAPE CANAVERAL
Attest by City Clerk
for
Mayor
Approved as to Form and Legality
City Attorney
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary
Date
ATTACHMENT A, REVISION 1: PROJECT COSTS
The Local Government and the Department acknowledge that changes in Project costs may occur
as a result of the Local Government's Project audit or a Department audit pursuant to
Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit, the following Project costs shall be final.
CATEGORY COST
(1) Administrative Allowance 12,000.00
(2) Engineering Allowance 91,904.00
(3) Construction and Demolition 1,994,172.00
(4) Equipment and Materials 0
(5) Land 0
(6) Contingencies 0
(7) Technical Services During Construction 0
Contractual
Force Account
0
(8) Financing
0
Short Term
Refinancing
0
(9) Start-up and Performance Certification
0
SUBTOTAL
2,098,076.00
(10) Loan Repayment Reserve*
41,962.00
SUBTOTAL (Disbursed to Local Government)
25140,038.00
(11) Loan Service Fee*
41,962.00
SUBTOTAL
2,182,000.00
(12) Capitalized Interest
16,257.65
TOTAL (Loan Principal Amount) 2,198,257.65
The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan
amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee
amounts; that is, two percent of $2,098,076 equals $41,962.
ATTACHMENT C: PROJECT SCHEDULE
The Local Government agrees by execution hereof:
1. The date on which the Department conducted the final construction inspection of the
Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan
funding. Certain construction -related costs may be eligible if incurred by the construction cut-
off date identified below.
2. The construction cost cut-off date established for the Project is June 8, 1997. Costs
incurred after this date are not eligible.
3. The date by which the third Semiannual Loan Payment becomes due is April 15,
1998. Semiannual Loan Payments shall be received by the Department semiannually on or
before October 15 and April 15 until the entire amount due hereunder has been paid.
4. The date for the certification required under Article I1, Subsection 2.01(15) of the
Agreement is hereby revised; the certification shall be submitted annually with the audit required
under Article Il, Subsection 2.01(12).
5. The close-out audit required under Subsection 2.01(14) of this Agreement shall be
submitted within twelve months after the effective date of this amendment.
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT CS120825030
CITY OF CAPE CANAVERAL
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL,
FLORIDA, existing as a local government agency (Local Government) under the laws of the
State of Florida.
WITNESSETH:
WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number CS120825030, authorizing a Loan amount of $2,182,000, excluding
Capitalized Interest; and
WHEREAS, the Project costs need adjustment to reflect actual costs; and
WHEREAS, the Local Government has made two Semiannual Loan Payments to the
Department; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect the Capitalized
Interest actually incurred; and
WHEREAS, the Project schedule needs revision to include certain dates established during the
final construction inspection; and
WHEREAS, revision of Article II, Section 2.01 (15) is appropriate so that the Local Government
may submit the required annual certification at the time that it submits its annual audit.
NOW, THEREFORE, the parties hereto agree as follows:
1. The total principal amount loaned to the Local Government was $2,198,257.65,
which consisted of $2,140,038.00 disbursed to the Local Government, the Loan Service Fee of
$41,962.00 disbursed directly to the Department, and $16,257.65 of accrued Capitalized Interest.
2. The unpaid principal of the Loan is $2,108,224.04, which amount accounts for the
Department's receipt of two Semiannual Loan Payments and is at an interest rate of 2.97 percent
per annum.
3. The Semiannual Loan Payment amount, adjusted to account for payments received
from the Local Government to date, is hereby revised and shall be in the amount of $72,997.88.
Such payment shall be received by the Department on or before April 15, 1998 and semiannually
thereafter on October 15 and April 15 until all amounts due hereunder have been fully paid.
4. Attachment A, Project Costs, is hereby deleted in its entirety and replaced with
Attachment A, Revision 1, attached hereto and made a part hereof.
5. Attachment B, Loan Disbursement Schedule, is hereby deleted in its entirety. Actual
disbursements are provided in the Semiannual loan statements.
6. Section 10.03, Project Schedule, is hereby amended to include Attachment C,
attached hereto and made a part hereof.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 to Loan Agreement CS120825030 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument. This amendment incorporates Attachments A and C hereto.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary of the Department and the Local
Government has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as set forth
below by the Secretary of the Department.
SEAL
for
CITY OF CAPE CANAVERAL
Mayor
Approved as to Form and Legality
Attest by City Clerk City Attorney
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary
Date
ATTACHMENT A, REVISION 1: PROJECT COSTS
The Local Government and the Department acknowledge that changes in Project costs may occur
as a result of the Local Government's Project audit or a Department audit pursuant to
Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit, the following Project costs shall be final.
CATEGORY
COST
(1) Administrative Allowance
12,000.00
(2) Engineering Allowance
91,904.00
(3) Construction and Demolition
1,994,172.00
(4) Equipment and Materials
0
(5) Land
0
(6) Contingencies
0
(7) Technical Services During Construction
0
Contractual
Force Account
0
(8) Financing
0
Short Term
Refinancing
0
(9) Start-up and Performance Certification
0
SUBTOTAL
2,098,076.00
(10) Loan Repayment Reserve*
41,962.00
SUBTOTAL (Disbursed to Local Government)
2,140,038.00
(11) Loan Service Fee*
41,962.00
SUBTOTAL
2,182,000.00
(12) Capitalized Interest
16,257.65
TOTAL (Loan Principal Amount) 2,198,257.65
The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan
amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee
amounts; that is, two percent of $2,098,076 equals $41,962.
4
ATTACHMENT C: PROJECT SCHEDULE
The Local Government agrees by execution hereof:
1. The date on which the Department conducted the final construction inspection of the
Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan
funding. Certain construction -related costs may be eligible if incurred by the construction cut-
off date identified below.
2. The construction cost cut-off date established for the Project is June 8, 1997. Costs
incurred after this date are not eligible.
3. The date by which the third Semiannual Loan Payment becomes due is April 15,
1998. Semiannual Loan Payments shall be received by the Department semiannually on or
before October 15 and April 15 until the entire amount due hereunder has been paid.
4. The date for the certification required under Article Il, Subsection 2.01(15) of the
Agreement is hereby revised; the certification shall be submitted annually with the audit required
under Article Il, Subsection 2.01(12).
5. The close-out audit required under Subsection 2.01(14) of this Agreement shall be
submitted within twelve months after the effective date of this amendment.
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Considerations
1t
11
No.
construction schedule with the contractor. County staff advised me that there is an additional 25k available to
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: TRANSPORTATION IMPACT FEE DISBURSEMENT AGREEMENT WITH BREVARD
COUNTY IN THE AMOUNT OF $60,000
DEPT./DIVISION: ADMINSTRATION
Requested Action:
That the City Council authorize the mayor to execute this agreement.
Summary Explanation & Background:
This agreement is for the pedway project on the east side of SRAlA from Commerce Street south to Harding
Avenue. The city has paid the port authority the $60,000 for this project. It will be constructed in conjunction
with the Port -Cocoa Beach sewer line project. As of this date, the port authority is still working on a
construction schedule with the contractor. County staff advised me that there is an additional 25k available to
the city for future projects.
I recommend approval.
Exhibits Attached:
Disbursement Agreement.
City erg Office - "
Department ADN[INISTRATION
C-X�.n ouncillmeeting119 11-18-97\disburse.doc
BR EVAR
BOARD OF COUNTY COMMISSIONERS
October 24, 1997
Bennett Boucher, City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920
Dear Mr. Boucher:
i. . UVIENT
OCT 2 8 '997
FLORIDA'S SPACE COAST
I have enclosed a Transportation Impact Fee Disbursement Agreement for the State Road A1A,
pedway project for review and execution by the City of Cape Canaveral. On November 4, 1997 the
Growth Management Department will request Board of County Commissioners approval of project
funding recommendations and authorization for the Chairman to execute this agreement on behalf
of Brevard County. Please have this agreement executed on behalf of the City and return the
document to me for execution by the County and disbursement of the funds.
If you have any questions please call me at 633-2069.
Y3
r
tol
Swanke, AIC
Planner
enclosure
Brevard County Growth Management Department Telephone (407) 633-2069
2725 Judge Fran Jamieson Way Fax: (407) 633-2074
Viera, Florida 32940
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL, FLORIDA
for
PUBLIC TRANSPORTATION FACILITIES
in the amount of $60,000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
INDEX
ARTICLE PAGE
I
DEFINITIONS AND IDENTIFICATIONS.....................................................................1
IIPREAMBLE
.....................................................................................................................
2
IIIPROJECT(S)
.....................................................................................................................3
IV
FUNDING AND METHOD OF PAYMENT..................................................................
3
VRECORDS
........................................................................................................................
4
VIASSURANCES
................................................................................................................4
VII
INDEMNIFICATION CLAUSE...................................................................................... 5
VIII
TERM OF AGREEMENT................................................................................................ 5
IXTERMINATION
...............................................................................................................6
X
INDEPENDENT CONTRACTOR...................................................................................
6
XI
ALL PRIOR AGREEMENTS SUPERSEDED................................................................
7
XIINOTICES
..........................................................................................................................7
XIIIAMENDMENTS
..............................................................................................................7
XIV
CONFLICT OF INTEREST.............................................................................................8
XVSEVERABILITY
..............................................................................................................8
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL, FLORIDA
for
PUBLIC TRANSPORTATION FACILITIES
in the amount of $60,000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
This is an Agreement between: BREVARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
and
CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and
assigns, hereinafter referred to as "CITY".
WITNESSETH that, for and in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically
set forth in this Agreement.
1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal
corporation.
1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the
State of Florida.
1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida.
1.5 DIVISION: means the Growth Management Department of Brevard County, Florida.
1.6 IMPACT FEE PROGRAM OR PROGRAM: means and refers to the
Transportation Impact Fee Program adopted by Ordinance No. 89-04, Chapter 14, Article
XI, Brevard County Code of Laws and Ordinances.
1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard
County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing
for participation in the Brevard County Transportation Impact Fee Program.
1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by
CITY.
1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit
"A" entitled "Project Description".
1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY
pursuant to the terms of this Agreement.
ARTICLE II
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties herein, the
following statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
2.1 Ordinance 89-04, Chapter 14, Article XI of the Brevard County Code of Laws and
Ordinances, incorporated herein by reference, provides for the imposition of the
Transportation Impact Fee and sets forth the manner and amount for collection and use of
funds.
2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference,
the COUNTY and CITY have coordinated the collection of Transportation Impact Fees
and participated in the process for project recommendations to the Board of County
Commissioners of Brevard County, Florida.
2.3 Under Ordinance 89-04, Chapter 14, Article XI of the Brevard County Code of Laws and
Ordinances and interlocal agreement, COUNTY is administrator for the Program and
COUNTY is mandated to comply with various statutes, rules and regulations as to the
allocation of expenditure of funds.
2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for
the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures
COUNTY, that CITY will comply with all state and local statutes, rules and regulations
and applicable codes and regulations as made known to the CITY relating to the
Project(s) and the Program, as a condition precedent to the release of such funds to CITY.
ARTICLE III
PROJECT(S)
CITY hereby agrees to provide and implement the following eligible Project(s):
Pedway improvements along State Road AIA from Commerce Street to Harding Avenue
in the City of Cape Canaveral and unincorporated Brevard County.
From District 9 TIFT Fund.
Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached
hereto and by this reference made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The amount payable by COUNTY under this Agreement shall be $60,000.00
4.2 Following execution of this Agreement, the Growth Management Department Director or
designee shall provide written notice to Department for the disbursement of TIFT Funds.
ARTICLE V
RECORDS
5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the
other as to receipt, allocation and expenditure of Impact Fees, including records as to bid
awards and purchase orders. All such inspections shall be made upon reasonable notice
and at a reasonable time and place. Upon a request to review or obtain copies of records
by one party to the other hereunder, the party responding to a request for review shall
furnish assistance as well as copies of appropriate records for the project to the requesting
party.
5.2 If CITY has awarded a contract to an independent contractor to perform Project(s)
services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's
invoices stating the services rendered and the date the services were rendered specifically
identifying TIFT Funds used.
5.3 CITY agrees to furnish to the Growth Management Department Director, status reports
on November 1 of each year identifying the interest accrued, the expenditures to date and
the project progress.
ARTICLE VI
ASSURANCES
6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and
codes and regulations. Any conflict or inconsistency between state or local guidelines
and regulations and this Agreement shall be resolved in favor of the more restrictive
regulations.
6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the
right to examine all records, books, papers, or documents relating to the Project(s).
6.3 CITY hereby agrees to maintain books, records and documents in accordance with
standard accounting procedures and practices of the CITY which sufficiently and
properly reflect all expenditures of funds provided by COUNTY under this Agreement.
6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in
Article VIII. All TIFT funds not expended within the term of this Agreement shall be
returned to the custody and control of the COUNTY. An administrative extension, if
requested prior to expiration, may be granted by the Growth Management Department
Director for a period not to exceed one hundred eighty (180) days if just cause is shown.
6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT
Funds are not sufficient, the CITY may submit to the COUNTY a request for additional
revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to
that request, the CITY agrees to utilize its independent resources to complete the project.
6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be
expended in violation of the Agreement, it shall be responsible to refund such monies in
full to COUNTY.
4
6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty
(60) days following the expiration date in Article VIII or within sixty (60) days following
an administrative extension under Section 6.4, if applicable, along with a completed Form
B, attached hereto and by this reference made a part hereof. An administrative extension
for the return of funds, if requested prior to the sixty (60) day expiration period, may be
granted by the Growth Management Department Director for a period not to exceed sixty
(60) days if just cause is shown.
6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY
provided that this interest shall be added to TIFT Funds committed to the Project(s) by
the CITY and used in conjunction with the original allocation to further the eligible
project objective. Expenditure of program interest is subject to the terms of this
Agreement with Brevard County. Any remaining TIFT funds, including the amount of
interest generated in a contract period if not expended for the approved Project(s) shall be
returned to COUNTY and shall be placed back in TIFT account for benefit of District 9
within the time periods provided in Section 6.7.
6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund
shall be used only for eligible activities specifically outlined in this Agreement.
Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund
the future capacity components for transportation facilities identified in Exhibit "A".
6.10 CITY hereby agrees to submit to the Growth Management Department within sixty (60)
days of the completion of each Project(s), as set out in Article III, a complete financial
accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and
by reference made a part hereof.
ARTICLE VII
INDEMNIFICATION CLAUSE
CITY, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, COUNTY, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the CITY's willful failure to perform any
obligation or undertaking of the CITY as set forth in this Agreement.
ARTICLE VIII
TERM OF AGREEMENT
This agreement shall commence on the day the Division Director provides written Notice
to Department for the disbursement of TIFT Funds and shall terminate on September 30, 1999.
ARTICLE IX
TERMINATION
9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in
timely and proper manner its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall
thereupon have the right to terminate this Agreement and may require the return of funds
expended or committed for expenditure in violation of this agreement by giving written
notice to CITY of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of termination. If just cause is shown prior to
termination, the Growth Management Department Director may specify in writing the
actions that must be taken by CITY and a reasonable date for compliance; as a condition
to avoid termination. In no event can the Agreement date be extended beyond the periods
provided in this Agreement without amendment to the Agreement executed with the same
formality and of equal dignity herewith.
9.2 In the event of termination, upon request by the COUNTY, copies of all finished or
unfinished documents, data studies, surveys, drawings, maps, models, reports prepared,
and any other like documents secured by CITY with TIFT Funds under this Agreement
shall be provided to COUNTY.
9.3 In the best interests of the program and in order to better serve the people in the impact
fee districts and fulfill the purposes of the Act, either party may terminate this Agreement
upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons
for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall
refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest
accrued therefrom.
9.4 The parties hereby agree that the following events are sufficient cause for termination of
the Agreement. Such events include, but are not limited to:
a. Improper use of TIFT Funds;
b. Failure to comply with the terms of this Agreement.
ARTICLE X
INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by CITY are
subject to supervision by CITY and employees or service providers shall not be deemed officers,
employees, or agents of Brevard County.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to services
rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY,
or state rules or regulations relating to the use of TIFT Funds.
6
ARTICLE XI
ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements whether oral or written unless specifically incorporated into this agreement by
writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990.
ARTICLE XII
NOTICES
Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the party for
whom it is intended, at the place specified, and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. The parties designate the following as the respective places for giving of notice to -
wit:
FOR COUNTY: Department Director
Growth Management Department
2725 Judge Fran Jamieson Way
Viera, Florida 32940
FOR CITY: City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920
ARTICLE XIII
AMENDMENTS
COUNTY may amend this Agreement, if required by legislation, to conform with
mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such
amendments shall be incorporated by written amendment as a part of this Agreement and shall be
subject to approval of the Board of County Commissioners. Such amendment will not affect
specific activities commenced under this agreement prior to amendment which were in
compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and
such notification shall constitute an official amendment. No other modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
7
ARTICLE XIV
CONFLICT OF INTEREST
CITY covenants that no person who presently exercises any functions or responsibilities
in connection with the Project(s) has any personal financial interest, direct or indirect, in the
Project(s) during this tenure which would conflict in any manner or degree with the performance
of this Agreement, and that no person having any conflicting interest shall be employed or
subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be
disclosed in writing to the Division.
ARTICLE XV
SEVERABILITY
If this Agreement contains any unlawful provisions not an essential part of this
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by either
party, be deemed stricken from this Agreement without affecting the binding force of the
remainder of the Agreement.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the
COUNTY and CITY by their duly authorized representatives on the respective dates below.
BREVARD COUNTY BOARD OF
ATTEST: COUNTY COMMISSIONERS
Sandy Crawford, Clerk Randy O'Brien, Chairman
ATTEST:
Sandra Sims, City Clerk
As approved by the Board of County Commissioners
on November 4, 1997
CITY OF CAPE CANAVERAL, FLORIDA
Date: , 19
, Mayor
STATE OF FLORIDA §
COUNTY OF BREVARD §
The foregoing instrument was acknowledged before me this day of ,
1997 by Randy O'Brien, Chairman of the Board of County Commissioners of Brevard County,
Florida, who is personally known to me or produced as
identification and who did take an oath.
NOTARY PUBLIC - State of Florida
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of ,
1997 by
personally known to me or produced
who did take an oath.
Mayor of the City of Cape Canaveral, Florida, who is
as identification and
NOTARY PUBLIC - State of Florida
EXHIBIT "A"
PROJECT(S) DESCRIPTION
(Give a detailed description of the work/project to be funded by this Agreement.)
The project to be funded by this Disbursement Agreement is for pedway improvements along
State Road AIA from Commerce Street to Harding Avenue in the City of Cape Canaveral,
Florida and unincorporated Brevard County.
From District 9 TIFT Fund.
10
W,
E
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Considerations
Item
12
No.
Outdoor Entertainment Permit
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR SECOND ANNUAL REINDEER RUN &
WALK FOR UNITED WAY OF BREVARD COUNTY
DEPUDTVISION: ADMINISTRATION
Requested Action:
That the City Council approve the permit for this event.
Summary Explanation & Background:
See attached application for details. The route is the same as last year.
I recommend approval.
Exhibits Attached:
Outdoor Entertainment Permit
City lefy0ffice ' �'
Department ADMINISTRATION
Y ¢.
mi il\meeting\19 - - ndeer.doc
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Permit No. 003
Date: 10/23/97
The applicant or representative agrees to be on site at all times empowered with authority over all
aspects of the event and empowered to act for the applicant.
Name of Applicant: Suzanne A. Sparling Title: Director, Resource Development
Firm: United Way of Brevard County
Address: 937 Dixon Boulevard, Cocoa, Florida 32922
Telephone: 407-631-2740 FAX: 407-631-2007
Local Contact: Suzanne A. Sparling Title: Director, Resource Development
Local Address (if different from above)
Type of Event: Second Annual Reindeer Run & Walk for United Way of Brevard County
(5K run & walk)
EventDate(s) in Cape Canaveral: Saturday, December 13, 1997
Location(s): Date(s) Time
Cherie Down Park on Ridgewood Avenue
December 13. 1997
9:00 a.m. to 10:30 a.m.
Set up time is 6:45 a.m.
Attach map(s) indicating event area and designated parking areas.
NTraffic Control NUse of Police/Fire Rescue Equipment
INStreet Closing (see attached map) ❑ Vehicles/Equipment on Beach
❑Other INVehicle Parking on City Property
Specify:
1. Traffic control - help block streets.
2. Use of police/fire rescue equipment - barricades, safety and fire extinghishers.
3. Vehicle parking on City property - using school across the street.
By signing this application, the applicant acknowledges and agrees to the following provisions:
I. INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the
outdoor entertainment event against any and all claims and demands made by any person for injuries
received in connection with the staging, promoting, conducting or attendance of or at the outdoor
entertainment event, written within limits of not less than $300,000.00 damage or injury to any one
person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than
$500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus
$50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the
application for a special outdoor entertainment permit, together with adequate evidence that the premiums
are paid.
Name of Insurance Co:
Policy No:
Expiration Date:
Il. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation
purposes and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual
rates and any other permit fees that may be applicable to the particular production as required by the City
of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the
sections waived dealing with the health, safety and welfare of those in attendance, as well as the general
public, have been otherwise provided for as required by said code. List any exemptions you are seeking.
I. Filing Fee
Z. Cash Clea; -Up Bond
3. Event starting at 9:00 a.m. Set-up starting nt 6.45 a m
Applicant or itepregentativerilUe
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the
City of Cape Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (407) 868-1230
Fax: (407)799-3170
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rr ittpu nue icce to EIM7 04wvv uµrs•a{ CCr4. if ic:aic> t4r1lk•.', tnct tai lure to
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fi'rectivc uet.c of crrt.tficaic: fl9-?6-Toe) Avtt*rirrp grprC%Mtttivs: IE 415 A6ENCY
Wtv cert itlt8te issuvd: 11_04.1997 Ct»rMlrsT4nald at: 5905 S. Y.S. t SUI)f ►(11
r. ti. BVx 3(FBit
11/07/97 14:26 TX/RX NO.2263 P.003 0
L::
ADDITIONAL INSURED CE_O=--Y=
POLICY #: 77 BO 492-146-3001 D
CITY OF CAPE CANAVERAL
CHERIE DOWN PARK
105 POLK AVENUE
CAPE CANAVERAL FL 32920
Policy For:
UNITED WAY OF BREVARD INC
937 DIXON BLVD
COCOA FL 32922
Cas. 4369
EADDITIONAL I N S U RED COPY=j
POLICY NUMBER: 77 BO 492;146-3001 D BUSINESSOWNERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS POLICY CHANGES
THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW.
POLICY NUMBER
POLICY CHANGES EFFECTIVE
77 BO 492-146-3001 D
OCTOBER 31, 1997
NAMED INSURED
AUTHORIZED REPRESENTATIVE
ROGER D. LEWIS
0001837-09
UNITED WAY OF BREVARD INC
937 DIXON BLVD
COCOA FL 32922
COMPANY
NATIONWIDE MUTUAL INSURANCE COMPANY
CHANGES
SUBJECT TO ALL TERMS AND CONDITIONS OF THE POLICY, IT IS
UNDERSTOOD AND AGREED THAT:
THE FOLLOWING ADDITIONAL INSURED HAS BEEN ADDED:
CITY OF CAPE CANAVERAL
CHERIE DOWN PARK
105 POLK AVENUE
CAPE CANAVERAL, FL 32920
INTEREST 01 HAS BEEN ADDED FOR THE PRECEDING ADDITIONAL
INSURED
AS RESPECTS TO LOCATION 001 BUILDING 01
937 DIXON BLVD
COCOA, FL 32922
POLICY AMOUNT AND PREMIUM ADJUSTMENT
Limits of Insurance
Premiums
Prem.
Bldg.
Coverage
Previous Limit
New Limit
Previous
New
0 Add ! Prem.
No.
No.
Description
of Insurance
of Insurance
Premium
Premium
Return Prem.
BP 12 01 06 89 Copyright, Insurance Services Office, Inc., 1985, 1989 �.:e 1 of 2
POLICY NUMBER:
BUSINES80WNERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
MORTGAGEE, ASSIGNEE, OR RECEIVER
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE*
Name of Person or Organization:
CITY OF CAPE CANAVERAL
CHERIE DOWN PARK
105 POLK AVENUE
CAPE CANAVERAL FL 32920
Designation of Premises:
937 DIXON BLVD
COCOA FL 32922
The following is added to Paragraph C. WHO IS AN
INSURED in the Businessowners Liability Coverage
Form:
4. The person or organization shown in the Schedule
is also an insured, but only with respect to liability
as mortgagee, assignee, or receiver and arising
out of the ownership, maintenance, or use of
the premises by you and as shown in the
Schedule.
This insurance does not apply to structural altera-
tions, new construction and demolition operations
performed by or for that person or organization.
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
BP 04 09 01 87 Copyright, Insurance Services Office, Inc., 1985
6: BREVAR
BOARD OF COUNTY COMMISSIONERS
PARKS AND RECREATION DEPARTMENT
Central Area - Merritt Island'Beaches Service Sector
950 Kiwanis Falk Road, Merritt Island, Florida 32953
October 29
TO WHOM IT MAY CONCERN:
1997
(407) 455-1380
I, We, the undersigned party, do understand that your department is
waiving the clean-up/damage deposit for our scheduled rental at
CHERIE DOWN PARK on DECEMBER 13, 1997
I,We, also understand and agree that we are responsible for any
charges that may arise from our rental due to inadequate cleaning
after our rental and/or any damages associated with our rental that
cause a direct financial impact on your department. Further,
should there be any charges levied against us for any reason, your
department will furnish us with an itemized list of said charges
detailing an expected date for reimbursement by us.
1
*SI NATURE N TITLE DATE
*Department/Division Heads or City Manager Only
TRUMAN SCARBOROUGH, JR. RANDY O'BRIEN NANCY HIGGS
District 1 District 2 District 3
TOM N. JENKINS SCOTT L. KNOX
County Administrator County Attorney
PRINTED ON RECYCLED PAPER
MARK COOK
District 4
SCOTT ELLIS
District 5
SANDY CRAWFORD
Clerk
Q 0PEv44� APPLICATION FOR WAIVER
a c BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
PARKS & RECREATION DEPARTMENT
��ORIOP
AREA: ❑ NORTH ❑ CENTRAL -MAINLAND CENTRAL-MVBCHS ❑ SOUTH ❑ CAMPGROUNDS
Name ;�tiZ�li li��, f i �i� >�t� ), �
rr- Representing L�I�l��� ���, 1�I v�t t�lCY_�irL����[)
i --1 (INDIVIDUAL, 0 GANIZATION, GROUP, COMPANY:
Address 3 7 I ; r X �.; �� v � 1, City � C - c: Zip 1 Phone L, jl 7-)
DESCRIPTION OF ACTIVITY: What 1�r CrO k-uI Where7 1cI) K
Date l��- I� `i % Time 'f:oC L=��, Estimated Attendance 5C- Admission Charge '`''ra;,`..`;o;,I�,�i„
Purpose of Activity_61J�SLG)' k j Yl1)C✓ CIL L-1,CF Li 7 ri � i1ti�I'
Brief description of organization, its purposes, goals and pertinent information
1��'r)�IZcl�ar ( J
Non -Profit? OYes ❑ No
I(-
Does the organization assume responsibility for supervision? (: ITS
Article IV. Festivals
k Live or amplified music on park facility as a primary function
Article V I?I-A) I}_t1.-. I (� ? I li,.'qc- ,L _.rI
❑ Section 18-104 (2) Alcoholic Beverages—To allow possession/sale/donation of alcoholic beverages.
❑ Section 18-106 (8) Waiver of general comprehensive liability insurance and in lieu, provide hold harmless affidavit.
Field reservation deposit for softball tournaments must be paid before submitting request for waiver of insurance.
❑ Sections 18-2 and 18-103 Waiver of facility use fees per Policy BCC -39.
Appeal Process
1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Commissioners.
2. A written appeal request must be submitted to the appropriate Parks Operations Director or designee whithin five
(5) days after notification of the denied waiver.
3. The Parks Operations Director or designee must then request placement of the appeal on the Board of County
Commissioner's)9genda for considera�
r '7
Applicant's Signature_ I ��=Y...1�.-�`�- � t �-��-�=�--, Date ic,
(FEE WAIVER REQUESTS MUST BE SIGNED BY AN OFFICER OF THE ORGANIZATION.) ,
-------------------------------------------------- Department Use Only ---------------------------------------------
Criteria for Waiver of Fees: (Check appropriate box.)
❑ 1. Activities which are sponsored and co-sponsored by Brevard County for a public purpose.
2. Activities sponsored by other governmental agencies.
ftf 3. Activities sponsored by groups, organizations or individuals where proceeds are given to charitable causes,
organizations, individuals or Brevard County facilities or programs.
❑ 4. Activities sponsored by organizations to which Brevard County is a member.
Comments:
Fee Waiver Request: ❑ Recommended ❑ Not Recommended Other Requests
Recreation Superintendent
Fee Waiver Request: ❑ Recommended ❑ Not Recommended Other Requests
Parks Operations Division Director
Fee Waiver Request: ❑ Recommended ❑ Not Recommended
Parks & Recreation Department Director
Other Requ
Date
Date
Waiver of General Comprehensive Liability Insurance for Softball Tournaments: ❑ Approved ❑ Not Approved
Parks & Recreation Department Director/Designee Date
PR-125-QXD-DEP (11/95)
BREVARD COUNTY
PARKS & RECREATION DEPARTMENT
Application for FACILITY USE PERMIT
CENTRAL AREA—MERRITT ISLANDIBEACHES
PARKS OPERATIONS 950 Kiwanis Park Road
Merritt Island, FL 32953
PHONE: 407-455-1380 FAX_ 407-4SS_I7aa
NAME OF APPLICANT
FACILITY USE PERMIT
DATE v V • ✓ V '
ORGANIZATION ) /'
Lln I � d VVa° CA 01-c vo I-L� cV 0 �
ALCOHOLIC BEVERAGES
❑ Approved; ❑ Not Approved; O'Not Requested
❑ PROFIT ^NON-PROFIT
MAILING ADDRESS CITY
�� _Dixon bim c
STATE ZIP HOME PH, OFFICE PH:
_0 2
. �1C1_
d`7,;) Unl, 5J(J 631'-d-4
FACILITY REQUESTED (OR OF)
Ck1rv"
7PORTION
INTENDED USE:
'
5 K'0CE✓ __ K(o tae J- KLi r")
WILL ACTIVITY BE OPEN TO PUBLIC?
WILL ADMISSION BE CHARGED? . YES
❑ NO
PROCEEDS TO: I I i„ I h VV q U -i
YES ❑ NO
TICKET SALES: ❑ ADVANCE
❑ AT -THE -DOOR
SECURITY PROVIDED BY:
IS MUSIC SCHEDULED? krYES ❑ NO
TYPEOFMUSIC:U-C CpC)C_I mo:,Ctk_,t b I [_3t)JF3
WILL PUBLIC ADDRESS SYSTEM BE USED? ❑ YES NO
EQUIPMENT REQUESTED: NONE TABLES CHAIRS
OTHER•
DATE(S) REQUESTED:
TIME (INCLUDING PREPARATIONCLEANUP):
ESTIMATED ATTENDANCE:
AGE GROUP:
TO 0))a,
U
GICi TO C)
IS ALCOHOL SCHEDULED TO BE SERVED? ❑ YES` NO
WILL A SIGN BE DISPLAYED ON COUNTY PROPERTY? ElYES NO
IF YES PRIOR APPROVAL IS REQUIRED,
IF YES, GIVE EXACT WORDING•
Applicant acknowledges reading and understanding the general rules and regulations for use of the applicable facility as provided by
the Parks and Recreations Department and agrees to abide by all conditions For issuance of this permit — see reverse side for conditions.
ppllcan s Signature Date
Parks 81 Recreation Approval Date Approved
CHARGES: USER FEE $
CLEAN-UP DEPOSIT $
OTHER* (Specify) $
DAMAGE DEPOSIT $
SALES TAX $
OTHER** (Specify) $
TOTAL $
TOTAL $
RECEIPT NUMBER:
Received by: DATE: AMOUNT:
Returned to: DATE: AMOUNT:
# #
NOTE: A separate check is always required for deposits.
RECEIPT NUMBER:
BREVARD COUNTY PARKS AND RECREATION DEPARTMENT
FACILITY USE PERMIT
CENTRAL AREA—MERRITT ISLAND/BEACHES
FACILITY (or portion oO:
ALCOHOLIC BEVERAGES
❑ Approved; ❑ Not Approved; O'Not Requested
PERMIT ISSUED TO:
TYPE: ❑ Liquor; ❑ Beer; ❑ Wine
music
❑ Approved; ❑Not Approved; ❑Not Requested
ACTIVITIES:
DATE(S): TIME: to
PUBLIC ADDRESS SYSTEM
❑ Approved; ❑ Not Approved; ❑ Not Requested
INSURANCE REQUIREMENTS
0 Approved; 0 Not Approved; 0 Not Requested
AUTHORIZING SIGNATURE DATE
0
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1 AMUSEMENTS AND
/ARTICLE I. IN GENERAL
Secs. 10-1-10-25. Reserved.
ARTICLE II. AMUSEMENT D
CODE*
AINMENTS
§ 10.46
108.2.1 Membership. Members of the n-
struction board of adjustment and a eats
should be composed at individua with
knowledge and experience in the-chnical
codes, such as design profe/aiti
, contrac-
tors or building industryntatives.
A board member shall nota case in
which he has a personalncial in-
terest.
Sec. 10-26. Adopted.
108.2.2 Terms. The to of office of the
(a) The Standard Amusement Device Code,
board members shall two years from the
1985 edition, published by the So thern Building
date of appointment. ontinued absence of
Code Congress International, c., is adopted by
any member from required meetings of
reference as though it were c ied fully in this
board shall, at t e discretion of the city
article.
council, render y such member subject to
e val from office.
immediate reel
(b) Whenever the ter "administrative
authority" or "official" is ed in the amusement
108.2.3 Secr ary of Board. The building
device code adopted in thi section, it shall be can-
of -ficial or d ignee shall act as secretary of
strued to mean the buil . g official of the city or
the board d shall make a detailed record
his authorized represen Live.
of all of it roceedings, which shall set forth
the reas s for its decision, the vote of each
(c) Any person who hall violate or who shall
membe ,the absence of a member and any
fail to comply with t e code adopted in this sec-
failur of a member to vote.
Cliotion or who shall ' late or fail to comply with
any order or reg, tion made under the code
(3) Sect' n 108.3 is amended to read as follows:
adopted in this se ion or who shall build in vio-
10 .3 Quorum and voting. A simple ma-
lation of any det ' ed statement or specifications
j ity of the board shall constitute a
or plans submirdand approved under such code
or any cef-dacar permit issued under such code
shall, for each every such violation and non-
° '
Reserved.
compliance, re pectively, be punished as provided
Sec 10.28-10-45.
in section I.1 .
(Code 1981, 628.01-628.03)
ARTICLE III. OUTDOOR _
ETNTERTATiYMENT'
Sec. 10.2 i Amendments.
The am sement device code adopted in section
DIVISION 1. GENERALLY
10-26 is ended as follows:
Sec. 10-46. Definitions.
(1) S :ion 108.1 is amended to read as follows:
The following words, terms and phrases, when
ppointment. There is hereby established
used in this article, shall have the meanings as -
board to be called the construction board
cribed to them in this section, except where the
f adjustment and appeals, which shall con -
context dearly indicates a different meaning.
sist of five members. The board shall be
Outdoor entertainment events means any Bath*
appointed by the city council.
Bring of groups or persons for the purpose of par -
(2 Section 108.2 is amended to read as follows:
tCross references—Code enforcement, § 2.246 et seq.;
108.2. Membership and Terms.
parks and recreation, ch. 54; streets, sidewalks and other public
places, ch. 66; buildings and building regulations, ch. 82;
'.Cross reference—Code enforcement, § 2.246 et seq.
zoning, ch. 110.
CD 10:3
§ 10.46
CAPE CANAVERAL CODE
ticinating in, viewing, observing, watching or lis-
tening to entertainment which consists of musical
renditions, sporting contests or events, festivals
or other entertainment not conducted within a
completely enclosed structure.
(Ord. No. 23-92, § 1(729.01), 12-1-92)
Cross reference—Dennitions and rules of construction gen-
erally, § 1-2.
Sec. 10.47. Compliance -with other laws.
The staging, promoting or conducting of an out-
door entertainment event shall be in full and com-
plete compliance with all zoning and land use laws
in subpart B of this Code, beverage license laws
and other laws, ordinances and regulations appli-
cable to the city.
(Ord. No. 23-92, § 1(729.04), 12-1-92)
Sec. 10-48. Penalties for violations.
(a) Any person who violates, disobeys, omits,
neglects or refuses to comply with or who resists
the enforcement of any of the sections of this ar-
ticle shall be punished as provided by sec on 1-15.
(b) The city council may revoke the special out-
door entertainment pe-rmitt granted and shall im-
mediately notify the city treasurer to revoke any
occupational license upon the occurrence of any
violation of this article.
(Ord. No. 23-92, § 1(729.07), 12-1-92)
Sec. 10-49. Occupational license required.
It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
event in the city unless he shall have secured an
occupational license as provided for in section
70-88, which occupational license shall be issued
only after issuance of the special enterrainment
permit by the city council.
(Ord. No. 23-92, § 1(729.02), 12-1-92)
Cross reference—Occupational license taxes. § 70.88.
Sec. .10-50. Exceptions.
The city council shall have the right to waive
the applicability and necessity of any of the sec-
tions of this article to any outdoor entertainment
event sponsored by the recreational boards estab-
lished by the city or any outdoor entertainment
event promoted by a nonprofit organization, asso-
ciation or group if such outdoor entertainment
event of such organization, association or group
has been sanctioned or approved by the council.
Such sanction and approval of an outdoor enter-
tainment event promoted by such organization,
association or group shall be based upon a suffi-
cient showing that the sections waived dealing
with the health, safety and welfare of those in
attendance, as well as the general public, have
been otherwise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12.1-92)
Secs. 10.51-10-60. Reserved.
DIVISION 2. PERMIT
Sec. 10-61. Required.
Any person desiring to stage, promote or con-
duct any outdoor entertainment event within the
corporate limits of the city shall first secure a
special entertainment permit from the city council.
(Ord. No. 23-92, § 1(729.03(A)), 12.1-92)
Sec. 10-62. Application.
An application for a special outdoor entertain-
ment permit shall be submitted in writing to the
city council on forms provided for this purpose at
least 45 days in advance of the date of commence-
ment of the outdoor entertainment event for which
the permit is requested, in order to permit the
council to evaluate the application in an orderly
and expeditious manner. The application shall con-
tain the plans, documents and information speci-
fied in this section. No permit shall be issued by
the council until receipt and approval of all pians,
documents and information and until the following
minimum conditions are met or such higher con-
ditions as required by the council upon a review of
any unique problems contained in the plans, doc-
uments and information are met:
CD 10:4
(1) Adequate plans for site construction, sani-
tation facilities, sewage disposal, garbage
and refuse disposal, drainage, floodlighting
during darkness, insect and rodent control,
water supply and food service. For the pur-
poses of evaluating such plans, the stan-
dards established by the rules of the state
I
AMUSEMENTS AND ENTERTAINMENTS
division of health in the sanitary code of
the state shall be considered as minimum
requirements. For the purposes of this ar-
ticle, part IV, chapter IOD -25, excluding sec-
tions 25.077, 25.078, 25.079, 25.080, of the
Florida Administrative Code and any suc-
ceeding rule, regulation or law shall be con-
sidered specifically applicable to the oper-
ation of an outdoor entertainment event. In
evaluating the plans, the council shall also
consider the applicability of F.S. ch. 386,
part I, and such other provisions of law, the
sanitary code or local ordinances as it may
deem necessary in the interests of the public
health and welfare.
(2) An adequate geographic description and
scale map or plan of the festival site
showing the location of all required facili-
ties, including adequate traffic control and
parking facilities outside the performance
area. Such plans shall provide for at least
one parking space for every five patrons
and for safe transportation of the patrons
from the parking area to the performance
area. No motor vehicle shall be permitted
outside the designated parking area, ex-
cept when necessary to ensure compliance
with this article.
(3) An adequate plan for medical facilities.
There shall be provided one physician li-
censed in this state on duty at all times for
every 2,000 patrons, one nurse licensed in
this state on duty at all times for every
1,000 patrons, one bed or cot for every 200
patrons, complete and sterile supply of med-
icines, bandages, medical compounds, med-
ical instruments, serums, tape and such
other supplies as are necessary to treat ad-
verse drug reactions, cuts, bruises, abra-
sions, bites, fractures,' infections and other
injuries commonly connected with such out-
door activities.
(4) An adequate plan for internal security,
traffic control, communications, fire protec-
tion and emergency services, including am-
bulance service, in and around the event
area. Such plan shall provide for at least
one person professionally trained in secu-
CD10:5
§ 10-62
city and traffic control on duty at all times
for every 500 patrons, with no security per-
sonnel working more than one eight-hour
shift in any 24-hour period. The plan shall
include a detailed description of the plan of
security, traffic control, communications,
fire protection and emergency services, in-
cluding ambulance service, to be used and
how it is to be implemented, and a detailed
background on the training and ability of
the personnel to be used in implementing
such plan.
(5) A full and complete disclosure of the finan-
cial backing of the outdoor entertainment
event, including the names of all persons
with a direct or indirect financial interest
in the staging, promoting or conducting of
such event, whether such interest be by
virtue of ownership in any entity staging,
promoting or conducting such event, status
as an employee of any person staging, pro-
moting or conducting such event or any in-
volvement by which such person stands to
gain or lose financially from such event.
(6) The names of all persons or groups who will
perform at the outdoor entertainment event
and executed copies of all contracts or agree-
ments with such persons or groups.
(7) The names of all persons who will provide
products, materials or services, other than
entertainment, to or at the outdoor enter-
tainment event and executed copies of all
contracts or agreements with such persons.
(8) The exact date and time of commencement
and the exact date and time of the conclu-
sion of the outdoor entertainment event. No
event shall begin before 10:00 a.m. or end
after 10:00 p.m.
(9) A written public liability insurance policy
insuring the person staging, promoting or
conducting the outdoor entertainment event
against any and all claims and demands
made by any person for injuries received in
connection with the staging, promoting, con-
ducting or attendance of or at the outdoor
entertainment event, written within limits
of not less than $300,000.00 damage or in-
§ 10-62
CAPE CANAVERAL CODE
jury to any one person for bodily injury or
otherwise, plus $25,000.00 damage to prop-
erty, and for not less than $500,000.00 for
damages incurred or claimed by more than
one person for bodily injury or otherwise,
plus $50,000.00 for damages to property.
The original or duplicate of such policy shall
be attached to the application for a special
outdoor entertainment permit, together
with adequate evidence that the premiums
are paid.
(10) Such additional conditions, criteria or de-
tailed specifications for the special enter-
tainment permit established by resolution
of the city council as the council may deem
necessary to carry out the intent of this ar-
ticle for the protection of the public health,
morals, safety and general welfare, in-
cluding insurance coverage in addition to
the amounts and types of coverage speci-
fied in subsection (9) of this section.
(Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No.
8-94, § 1, 2-1-94)
Sec. 10-63. Fee.
The city council shall assess, upon the filing of
the application for an outdoor entertainment
permit, a minimum nonrefundable fee per day es-
tablished by resolution of the city council and set
forth in appendix B to this Code.
(Ord. No. 23-92, § 1(729.05), 12-1-92)
Sec. 10.64. Cash cleanup bond.
Any person holding a special outdoor entertain-
ment permit shall deposit with the city treasurer
a cash bond in the amount of $500.00. The cash
bond shall be for the expense of cleaning up any
debris, paper, litter or trash left by the patrons at
the outdoor entertainment event or by the holder
.of the permit or his agents, employees or contrac-
tors. The cash bond shall be returned to the holder
of the permit upon certification by the city man-
ager that all debris, paper, litter or trash has been
removed from the premises on which the outdoor
entertainment event was held within 24 hours
from the designated conclusion time of the out-
door entertainment event and that no damage has
been done to the streets, sewers, structures, trees
and shrubbery on such premises or the adjoining
property. Upon failure of the holder of the permit
to complete such cleanup or repair such damage
within the 24-hour time period, the city shall have
the right to forthwith take such corrective action
as it may deem necessary and to deduct the cost of
cleanup or repair from the amount of the cash
cleanup bond.
(Ord. No. 23-92, § 1(729.06), 12-1-92)
Secs. 10-65-10-85. Reserved.
IV. ADULT ENTERTAINMEI�PT*
DIVISION 1. GENERALLY
Sec. 10-86. efinitions.
The follo words, terms and phrases, when
used in this 'cle, shall have the meanings as-
cribed to them i this section, except where the
context clearly in 'sates a different meaning:
Adult arcade me\ee
establishment where,
for any form of consion, one or more motion
picture projectors, srojectors or similar ma-
chines for viewing or fewer persons each
are used to show filtion pictures, video cos-
settes, slides or othgraphic reproductions
which are charactery mphasis upon the de-
piction or descriptioecs ied sexual activities
or specified anatomeas. or the purposes of
this article, adult ais i luded within the
definition of adult pictu a theater.
Adult bookstore means a place hat sells or of-
fers for sale, for any form of considpration, adult
materials, the gross sale of which re esents more
than ten percent of the gross sales o he place or
that comprises more than ten percent f the indi-
vidual items it displays on the prem
l es as its
'Cross references—Code enforcement, § 2-246\seq.;g-
ulations regarding nudity on alcoholic beveragh-
ment premises, §.6-27; public nudity prohibited, §u-
pational license taxes, § 70-66 et seq.; zoning, calt
entertainment establishments permitted by specin
in the M-1 light industrial and research and devels-
trict, § 110-354.
CD10:6
C7
Meeting Type: Regular
Meeting Date: 11-18-97
AGENDA
Heading
Considerations
item
13
No.
I recommend approval. _
AGENDA REPORT
CITE COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: LAND LEASE AGREEMENT WITH THE CANAVERAL PORT AUTHORITY
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of a 50 -year land lease of port authority property located in the
northwest section of the city.
Summary Explanation & Background:
The port and city attorney have worked out various issues regarding this agreement. This item is scheduled for
approval at the 11-19-97 port authority meeting.
I recommend approval. _
Exhibits Attached:
Lease agreement
City Office
Department LEGISLATIVE
g: unci)\meed-97\landlease.doc
11-11-1997 10:34AM FROM AMARL THERIAC EISENM 4076396690 p_2
LESSOR: CANAMIAL PORT AU MORITY
Post Office Box 267
Cape Camveral, Florida 32920
(407) 783-7831
LESS: CITY OF CAPE CANAVERAL
105 Polly Avenue
Cape Canaveral, Florida 32920
EFFECTIVE DATE: , 1997
1.
LEASED D PROPERTY: The Lessor leases to the Lessee real property as more
particularly described on Exhibit "A" attached hereto ("Leased Premises").
2. The term of this Lease will be from the effective date through
, 2047.
3. : The rental shall be $1.00 per year payable in advance, plus any applicable
State of Florida sales tax that applies and any other tax that may be levied by the State of Florida
on this Lease.
4. 1LM n'' -R: Lessee shall be responsible for the payment of ail utilities furnished
to the Leased Premises during the lease term, including, but not lirnnited to, water, sewer,
electricity, telephone, gas, and garbage and trash collection.
5. tNSIMANCE: Lessee shall maintain the Leased Premises in a reasonably safe
condition. Lessee shall maintain insurance indemnifying Lessor to the extent provided for in the
Florida Statutes from any damage to life or property which may occur on the Leased Premises and
11/11/97 10:37 TX/RX N0.2288 P.002 .
11-11-1997 10 - 35AM FROM AMAR I . THER I AC. E I SENM 407539616.`90 P.2
from any liability established against the Lessor as a direct result of any negligent act or omission
by the Lessee or its agents and employees in the maintenance or use of the Leased Premisds.
� 1.__. • `+SII �.ti �i�1i `V. —s.:-• 7•• :-,. •• c• • • • •
Purpases, inchuiing open space for recreational ,purposes. This Lease shall terminate in the event
the Lessee ceases to use the Leased Premises for a public purpose.
7. LEAMWIDJMMOWMENTS: Lessee must obtain Lessor's approval before
constructing any improvements on the Leased Premises and such approval shall not be
unreasonably withheld.
8. ASSUGNMENT OR St7RI_F : Lessee will not have the right to assign or
sublease any portion of the Leased Premises.
4• TF- : It is mutually agreed that if the Lessee breaches any of the
terms and conditions of this Lease and such breach or failure is not corrected after thirty (30)
days' notice in writing of such breach or failure, then and thereupon this Lease shall terminate.
10. RE;=VATION OF RIPARUN : Lessor reserves to itself the joint,
non-exclusive use and enjoyment of any riparian rights of the Leased Premises.
11. COMEAMAZLOY. Lessor reserves the right to construct a public roadway,
fence or other improvements on all or any portion of the Easterly 100 feet of the Leased Prerni see.
Lessee agrees that it shall not mane any claim of any nature against the Lessor arising out of any
c10ndemutat10n action instituted by Lemr that may affect or condemn any portion of the Leased
Premises. Lessor hereby agrees at the time of said condemnation and construction to provide
Lessee with alternate access to the property.
2
11/11/97 10:37 TX/RX NO.2288 P.003 N
11-11-1997 10.35AM FROM AMARI,THERIAC.EISENM 4076396690
LESSOR:
ATTEST: CANAVERAL PORT AUTHORITY
RAYMOND P. SHA.RKEY, Secretary
STATE OF FLORIDA
COUNTY OF BREVARD
By.-
RALPH
y:RALPH Y. KENNEDY, Chaum=
The foregoing ivastrament was acknowledged before me this day of
, 1997, by RALPH J. KENNEDY and RAYMOND P. SEL4 tt EY, Chairrrlan
and Secretary, respectively, of the CANAVERAL PORT AUTHORI'T'Y.
ATTEST:
SANDRA O. SIMS, City Clerk
NOTARY PUBLIC
LESSEE:
CITY OF CAPE CANAVERAL
By:
ROCKY RANDELS, Mayor
3
ml
11/11/97 10:37 TX/RX N0.2288 P.004 0
11-11-1997 10.35AM FROM AMARI,THERIAC.EISENM 4076396690 p G
STATE OF FLORIDA
COUNTY OF BRBVARD
The foregoing izastmm= was acknowledged before me this day of
, 1991, by ROCKY RANDEL s and SANDRA O. SE%4S, Mayor and City
Clerk, respectively, of the CITY OF CAPE CANAVE.PAL,,.
NOTARY PUBLIC
4
11/11/97 10:37 TX/RX N0.2288 F.005 ■
11-11-1997 10.3GAM FROM AMARI.THERIAC.EISENM 4076396690 p g
Exhibit "A"
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH,
RANGE 37 EAST, TALLAHASSEE BASES MERIDIAN, BREVARD COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP
24 SOUTH, RANGE 37 EAST; THENCE S 01011'20" E, ALONG THE EAST
LINE OF SAID SECTION 15, A DISTANCE OF 1491.98 FEET; THENCE S
89054'08"W, ALONG THE NORTH LINE OF THE LANDS DESCRIBED IN
DEED BOOK 328, PAGE 311 AND THE WESTERLY EXTENSION THEREOF,
A DISTANCE OF 2892.20 FEET TO THE WESTERLY RIGHT -OF -WAX LINE
OF STATE ROAD A -1-A (A 100 FOOT RIGHT-OF-WAY AS PRESENTLY
LOCATED) AND THE POINT -OF -BEGINNING; THENCE CONTINUE S
89054'08" W, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 37, PAGE 587, A DISTANCE OF 726.07 FEET;
THENCE N 0005'52" W, A DISTANCE OF 174.90 FEET TO THE SOUTH
LINE OF PORT CANAVERAL; THENCE S 89054'08" W, ALONG SAID
SOUTH LINE, A DISTANCE OF 957.54 FEET TO THE SHORELINE OF THE
BANANA RIVER; THENCE SOUTHEASTERLY ALONG THE SHORELINE
OF SAID BANANA RIVER TO A POINT 465.94 FEET SOUTH OF, By RIGHT
ANGLE MEASUREMENT, THE SOUTH LINE OF THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 37, PAGE 587; THENCE N 89°2721" E, A
DISTANCE OF 1030.00 FEET TO THE AFORESAID WESTERLY
RIGHT -OF -WAX LINE OF STA'T'E ROAD A -1-A; THENCE N 37029'55" W.
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 576.43
FEET TO THE POINT -OF -BEGINNING.
11/11/97 10:37 TX/RX N0.2288 P.006 0