HomeMy WebLinkAboutAgenda Packet 01-17-2017 THE
SPACE
BETWEEN
SUN + SEA
CAPE CANAVERAL CITY
COUNCIL MEETING
AGENDA
INSTRUCTIONS
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/
Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at
the same meeting at which the City Council takes official action on an item. No City Council action will be
taken on requests during Public Participation unless determined by the Council tobe an emergency. Any
other requests for Council action may be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting
Chair.
2. You will have 3 minutes to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 17, 2017
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that is
listed on the agenda for final official action by the City Council excluding public hearing items which are heard
at the public hearing portion of the meeting,ministerial items(e.g.approval of agenda,minutes,informational
items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The
City Council will not take any action under the "Public Participation"section of the agenda. The Council may
schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS:
6:15 p.m.-6:25 p.m.
Recognition of Tim Carlisle for bravery and quick action during an apartment fire on November 7,
2016 at 112 Buchanan Avenue.
Presentation of Key to the City to Melanie and Rick Evans and proclaiming January 17, 2017 as
Melanie and Rick Evans Day.
CONSENT AGENDA:
6:25 p.m.-6:30 p.m.
1. Approve Minutes for December 20, 2016 Regular City Council Meeting.
PUBLIC HEARING:
6:30 p.m.-6:45 p.m.
2. Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City Code
to clarify that drinking, consumption or possession of open containers of alcoholic
beverages upon public dune crossovers is unlawful; providing for penalties for violations
of Chapter 6,Article III of the Cape Canaveral City Code,including a Class I Civil Citation
penalty; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the City Code; severability and an effective date, second reading.
3. Ordinance No. 02-2017; amending Appendix B of the City Code, related to assessment of
Building Permit fees; providing for the repeal of prior inconsistent ordinances and
resolutions;incorporation into the Code; severability and an effective date, second reading.
City of Cape Canaveral, Florida
City Council Meeting
January 17, 2017
Page 2 of 2
4. Ordinance No. 03-2017; amending Sections 50-4 and 2-283 of the Cape Canaveral City
Code regulating sleeping and camping upon public streets and sidewalks,beach end streets,
beach dune crossovers, beaches and parks; providing for procedures to remove personal
property remaining in camp sites; providing for penalties; and providing for the repeal of
prior inconsistent ordinances and resolutions,incorporation into the City Code; severability
and an effective date, first reading.
ITEM FOR ACTION:
6:45 p.m.-6:50 p.m.
5. Authorize removal of two (2) Specimen Trees at 110 & 112 Ocean Garden Lane at a
mitigation ratio of one-to-one.
REPORTS
6:50 p.m.-7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting,that person
will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed
by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting.The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to
participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in
advance of the meeting.
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/17/2017
PRESENTATIONS/INTERVIEWS
Subject: Recognition of Tim Carlisle for bravery and quick action during an apartment fire on
November 7, 2016 at 112 Buchanan Avenue.
Department: Public Works Services/Community Engagement
Summary At approximately 7:45 am on Monday, November 7, 2016, Public Works Services
Infrastructure Maintenance Supervisor Tim Carlisle was conducting street sign locates on the
West corner of Center Street and SR Al A. He recognized the smell of "something electrical
burning" and immediately scanned the surroundings for a source. Tim witnessed white smoke
from the apartments at the end of Buchanan Avenue. He safely crossed SR A 1 A at the light
while dialing 911 to report a fire. As he approached the North side of the building, Tim reported
a fire at 112 Buchanan Avenue to a Canaveral Fire Rescue dispatcher who instructed him not
to enter the unit and to wait for the fire rescue team. However,he witnessed homeowner Georgia
Peach frantically entering/exiting the already engulfed unit. He hopped the fence and was
successful in removing her from the burning unit. He escorted her to a seat a safe distance away
and remained with her until Canaveral Fire Rescue arrived. She was attended to and transported
to Cape Canaveral Hospital. The City was informed that the fire was caused by the ignition of
an oxygen tank due to a lit cigarette.
Thanks to Tim's quick action, he most likely saved Ms. Peach from entering the burning unit
one too many times. His action put a stranger's life before his own,and for that the City of Cape
Canaveral recognizes and thanks Tim Carlisle!
Submitting Department Director: Joshua Surprenant [JS initials] Date: 1/9/17
Attachment: None.
Financial Impact: $45.95 for the personalized clock. Staff time/effort to complete this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 1/4/17
The City Manager recommends that City Council to take the following action:
Recognize Tim Carlisle.
Approved by City Manager: David L. Greene [DLG initials] Date: 1/5/17
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/17/2017
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Key to the City to Melanie and Rick Evans and proclaiming January
17, 2017 as Rick and Melanie Evans Day.
Department: Culture & Leisure Services
Summary: Mr. and Mrs. Evans have resided in Cape Canaveral since December 2004. In
March 2010, Mrs. Evans attended a City Council meeting where the previous Recreation
Director requested a $5 per child increase to the City's Summer Camp program registration fee
for staffing and purchase of supplies; the request was declined. Mrs. Evans approached the
Director after the meeting and donated $500 to the City. Through this encounter, she became
aware of the need for positive role models for local children. She agreed to volunteer, assisting
a troubled youth at the Youth Center by providing counseling, her professional trade. She also
became aware of the City'sBCSO's Police Athletic League's (PAL) Youth Directors Council
program (YDC),which puts special emphasis on Community Service, making voices heard and
earning a way in life. She joined PAL that same year and has since served as a volunteer and
Board Member for the Organization.
Mrs. Evans has logged hundreds of hours mentoring children through PAL,participating at City
events and fundraising with/for local children. Mr. and Mrs. Evans' commitment to local
children and the City extends well beyond just service. Through Rick's company, Intellifuel,
they have donated$1,000 per year, since 2011,to the City's Reindeer 5k Run/Walk which raises
funds for PAL, have personally donated $1000 per year to Sheriff Ivey's "Breakfast with the
Sheriff' event since 2013 which also raises funds for BCSO PAL and, upon the sale of Rick's
company in 2016, donated $50,000 to YDC PAL to assist with field trips/supplies. Mrs. Evans
also volunteered with the City's Business &Economic Development Board from November 20,
2012 to December 1, 2016. Mr. and Mrs. Evans are moving out of the City to their home state
of Oklahoma.
Their commitment to the City, selflessness and generosity will be missed.
Submitting Department Director: Gustavo Vergara [GV initials] Date: 1/10/17
Attachment: Proclamation
Financial Impact: Cost of Key to the City and Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 1/9/17
The City Manager recommends that City Council to take the following action:
Present Key to the City to Melanie and Rick Evans and proclaim January 17,2017 as Melanie
and Rick Evans Day.
Approved by City Manager: David L. Greene [DLG initials] Date: 1/9/17
[City Seal]
Official
Proclamation
City of Cape
Canaveral, Florida
WHEREAS, Melanie and Rick Evans have lived in Cape Canaveral
and been active participants in the City's local government, events and
activities for many years; and
WHEREAS, they have displayed frequent generosity with both their
time and financial contributions in supporting the Brevard County Sheriff's
Office Canaveral Precinct Police Athletic League; and
WHEREAS, they have continuously supported and assisted in City
events such as Reindeer Run,Friday Fest and other fundraising efforts; and
WHEREAS, Melanie served four years as a volunteer advisory Board
Member on the Business & Economic Development Board, contributing her
time and insight in support of City efforts and initiatives; and
WHEREAS, Melanie and Rick will soon be relocating to their home
state of Oklahoma to embark upon another new adventure; and
WHEREAS, the City, its Council, Directors and Staff, the Brevard
County Sheriff's Office Canaveral Precinct and many others who have been
touched by Melanie and Rick now wish to express their immense gratitude.
NOW THEREFORE, I, Robert Floog, Mayor of the City of Cape
Canaveral,Brevard County,Florida, do hereby proclaim January 17,2017 as
MELANIE AND RICK EVANS DAY
in the City of Cape Canaveral and wish them the best for wherever life takes
them with the thanks of a grateful City.
Signed and Sealed this _______ Day of ________
___________________________________Mayor
Item No. 1
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral, Florida
TUESDAY
December 20, 2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:56 P.M. Council Member Betty
Walsh led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
PWS Deputy Director/Community Engagement Director Joshua Surprenant
Brevard County Sheriff's Office Lieutenant Don Barker
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION: None.
City Manager Greene suggested the need to add one additional item to the Agenda regarding
presentation of a check from Mayor Pro Tem McMillin towards the Community Garden. Council
reached Consensus to allow the addition.
PRESENTATION TO FORMER COUNCIL MEMBER JOHN BOND: Mayor Hoog presented
John Bond with a gift from the City and thanked him for his service on Council. Mr. Bond thanked
everyone who supported him. He commented on Staff's hard work to get things done, that he may
be back and he is leaving the City in remarkably good shape financially. He stated he spends time
working as a real estate broker and with veterans and disabled veterans. Council thanked Mr. Bond.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2016
Page 2 of 5
PRESENTATIONS/INTERVIEWS: Presentation of check from Mr.Jerry Sansom,Florida Inland
Navigation District Commissioner representing Brevard County, awarding the City $115,672 for
construction of Banana River Park Phases I and II: Mr. Sansom introduced himself and shared a
brief history of the Florida Inland Navigation District (FIND); announced this is the first
presentation to the City of Cape Canaveral related to Banana River Park; stated he is looking
forward to other ways the District can help and presented check to the City.
ADD ON PRESENTATION: Presentation of Check in the amount of $2,400 by Mayor Pro Tem
McMillin to the City of Cape Canaveral for the Community Garden Project: Mayor Pro Tem
McMillin presented check to the City and explained the donation of his first year City Council
Member salary to the Community Garden Project, was part of his campaign promise.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion. Mayor Pro Tem McMillin removed item number three. Council Member
Walsh stated she intended to abstain from voting on item number two. City Attorney Anthony
Garganese advised Council the item be removed for a separate vote.
1. Approve Minutes for November 15, 2016 Regular City Council Meeting.
2. Approve Contract for Purchase and Sale of a portion of property Located at 8817 North
Atlantic Avenue in the Amount of $10.00 and authorize City Manager to execute same;
accept North Atlantic Avenue Amenity and Maintenance Easement Agreement at 8817
North Atlantic Avenue and authorize execution of same.
3. Approve First Modification to Port of Call Development Agreement between City of Cape
Canaveral and Astronaut Properties, LLC and authorize the City Manager to execute same.
A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels,to
approve Consent Agenda Item 1. The motion carried 5-0 with voting as follows: Council
Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member
Randels,For and Council Member Walsh, For.
#2. Council Member Walsh explained she lives in the Villages of Seaport Condominium,
which abuts the property at 8817 North Atlantic Avenue; both the Seaport Condominium
Association and Seaport Master Association had interest in that property in the past, even before
she was actively involved in the Associations and that it would be best for all parties involved that
she abstain from voting on this item. City Attorney Garganese advised Council Member Walsh
will abstain from voting and, is therefore, required to fill out Form 8B Memorandum of Voting
Conflict for County, Municipal and Other Local Public Officers. A motion was made by Mayor
Pro Tem McMillin, seconded by Council Member Brown, to approve Consent Agenda Item
2. The motion carried 4-0 with voting as follows: Council Member Brown,For; Mayor Hoog,
For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member
Walsh, Abstained.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2016
Page 3 of 5
#3 Mayor Pro Tem McMillin requested clarification on the item. Bob Baugher, property
owner, provided details regarding his property, project negotiations and the reasons behind them.
Discussion ensued and included: various phases of the Project, Agreement revisions, plans to
renovate the existing building on the property, park and ride plans, other properties and plans for
development surrounding the Port of Call property, alternate plans should Project Zeus fall
through, plan for four more hotels and a traffic light, a plan to move parking operations out of
town,how the property will never be paved to become a parking lot, concern over binding the City
in perpetuity, how long term studies indicate the market will support additional hotels and overall
redevelopment of the area. Mr. Baugher thanked the City Council.A motion was made by Mayor
Pro Tem McMillin, seconded by Council Member Walsh, to approve Consent Agenda Item
3. The motion carried 5-0 with voting as follows: Council Member Brown,For; Mayor Hoog,
For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member
Walsh, For.
PUBLIC HEARINGS:
4. Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City Code
to clarify that drinking, consumption or possession of open containers of alcoholic beverages upon
public dune crossovers is unlawful; providing for penalties for violations of Chapter 6, Article III
of the Cape Canaveral City Code, including a Class I Civil Citation penalty; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the City Code;
severability and an effective date, first reading. City Attorney Garganese read the title into the
record, explained the item and recommended a change to the Draft Ordinance, on page three, Sec.
6-51,last sentence striking"in the ordinary course of business within the city." and place a period
after the word "public". The Public Hearing was opened. There being no comment, the Public
Hearing was closed. Discussion included confirming the action does not apply to drinking on the
beach and how this Ordinance will handle some complaints. A motion was made by Council
Member Randels, seconded by Council Member Brown, for approval of Ordinance No.
01-2017, first reading,with the recommended change. The motion carried 5-0 with voting as
follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For;
Council Member Randels, For and Council Member Walsh, For.
5. Ordinance No. 02-2017; amending Appendix B of the City Code, related to assessment of
Building Permit fees; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code; severability and an effective date, first reading. City Attorney
Garganese read the title into the record and explained the item. The Public Hearing was opened.
There being no comment, the Public Hearing was closed. Discussion ensued and included: how
the City currently recoups construction permit fees and other fees in the City; how the Ordinance
works and additional contract costs; foundation work and soil issues related to the barrier island
that the International Code Council (ICC) does not take into account; City taxes paid for operation
of the Building Department in the past due to non-development; this type of change will get funds
back into the Department and components that go into funding the Community Development
Department. City Manager Greene stated that Staff is working on an Ordinance to capture costs
for Comprehensive Plan amendment processing, development approvals and site plans to be paid
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2016
Page 4 of 5
by user fees and charges; explained how private inspectors for larger projects could deplete
revenues for the City;how the development community viewed the City in the past as difficult and
regimented to the point of not being affordable to develop here; how the City became certified to
meet best practices overall and the need to let Staff revisit next year to see how the Ordinance is
working. Discussion continued regarding impact fees of Homewood Suites to be approximately a
half million dollars; concerns regarding Staff time and wages to inspect projects; how Staff would
look into cost accounting, but would like to go ahead and approve the Ordinance and come back
to Council with cost recovery concepts and research later; City permit fees are well under most
other cities in the County overall and the fine line on charging higher fees; how the Community
Development Department could be set up with a fund similar to Wastewater and Reclaimed Water
funds; making contractors pull permits rather than making residents pay for projects and the term
User Fee. City Manager requested Council bear with Staff, as there will be no citizen dollars
subsidizing the development process in Cape Canaveral if that is what the majority of the City
Council wants and Staff will be able to achieve it with the help of the City Attorney's Office. A
motion was made by Council Member Randels, seconded by Council Member Walsh, for
approval of Ordinance No. 02-2017, first reading. The motion carried 5-0 with voting as
follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For;
Council Member Randels, For and Council Member Walsh, For.
ITEMS FOR ACTION:
6. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of
Cities. Mayor Hoog opened the floor for nominations. A motion was made by Mayor Pro Tem
McMillin, seconded by Council Member Walsh, to appoint Council Member Brown as
Voting Delegate/Director to the Space Coast League of Cities. Council Member Brown
confirmed he would accept the nomination. A motion was made by Mayor Pro Tem McMillin,
seconded by Council Member Brown, to amend the earlier motion by nominating Council
Member Walsh as the Alternate to the Space Coast League of Cities. The motion carried 5-0
with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem
McMillin,For; Council Member Randels, For and Council Member Walsh, For.
REPORTS:
City Attorney Garganese had no report and wished all a Merry Christmas.
City Manager Greene wished all a Merry Christmas, Happy Holidays, stay safe and we will have
an awesome 2017.
Mayor Pro Tem McMillin wished all a Merry Christmas.
Council Member Brown reported that he met with Puerto del Rio Condominium Association
residents who expressed elation over the Banana River Park Project, thanked Mr. Sansom for
everything, wished all a safe and prosperous New Year and thanked the First Responders for the
work they do.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2016
Page 5 of 5
Council Member Randels thanked Bruce and Gloria Wagner for donating land to the City.
Council Member Walsh wished everyone a Merry Christmas, a safe, healthy Happy New Year and
thanked Mr. Sansom for all of his efforts.
Mayor Hoog wished all a Merry Christmas and stated he has been getting praise for Culture and
Leisure Services Director and Staff.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:13 P.M.
________________________ ___________________________
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Walsh, Betty
140 Seaport Blvd
Cape Canaveral - Brevard
Dec 20, 2016
City of Cape Canaveral - City Council
Elected Position
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council„
commission, authority, or commitee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143,IFlori a Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corproate shareholder (where the shares of the corporation.
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the forms in the minutes. (Continued on page 2)
CE FORM 8B - EFF, 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to are other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure lteffore participating.
• You must complete the form and file it within 15 days after the vote occurs with the first person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I [Betty Walsh signature], hereby disclose that on [written: Dec 20th], 20 [written: 16]:
(a) A measure came or will come before my agency which (check one or more)
_____ inured to my special private gain or loss;
_____ inured to the special gain or (loss of my business associate, ______________;
_____ inured to the special gain or loss of my relative, ___________;
__X__ inured to the special gain or loss of [written: Villages of Seaport Condo Assn and Seaport Master Assoc]
whom I am retained, or
_____ inured to the special gain or loss of _________________________,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
[written: I work for the above stated Associations which
have had an interest in the property that butts
up against the property the Association owns.
The City aquired this piece of property.]
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
Date Filed [written: 12/21/16] Signature [Betty Walsh signature]
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPROMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 80-EFF.11/20/2013 PAGE 2
Adopted by refrerence on Rule 34...7..01O(11)(f), F.A.C.
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/17/2017
Item No. 2
Subject: Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City
Code to clarify that drinking, consumption or possession of open containers of alcoholic
beverages upon public dune crossovers is unlawful; providing for penalties for violations of
Chapter 6, Article III of the Cape Canaveral City Code including a Class I Civil Citation penalty;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the
City Code; severability and an effective date, second reading.
Department: Culture & Leisure Services/Community Development
Summary: Staff recently became aware of concerns raised by residents and visitors about
individuals with open containers of alcoholic beverages on the City's beach crossovers. Staff
reached out to Brevard County Sheriff's Office (BCSO) to address the situation. It was noted by
BCSO that enforcemement of City Code related to this issue was hampered because of the lack of
specificity in the current City Code. Furthermore, City Code was not specific as to its
applicability to beach crossovers. It was also noted/suggested the penalty for violation of this
section of the Code needed further clarification.
Staff, BCSO and City Attorney's Office propose passage of the attached Ordinance. Article VI,
Division 2 of the City Code has been amended to include possession and consumption of
alcoholic beverages on public beach crossovers is a Class I citation. Also, that Class I citations
can be enforced by other means including, but not limited to, a summons, a notice to appear in
the county or circuit court, an arrest, an action before the special magistrate/code enforcement
board or a civil action for injunctive relief.
The notice of public hearing was advertised in Florida Today on January 5, 2017.
Submitting Department Directors: Gustavo Vergara [GV initials]/David Dickey [DD initials] Date: 1/5/17
Attachment: Ordinance No. 01-2017
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 1/5//17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 01-2017 at second reading.
Approved by City Manager: David L. Greene [DLG initials] Date: 1 /5/17
ORDINANCE NO. 01-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 6, ARTICLE III OF THE CAPE
CANAVERAL CITY CODE TO CLARIFY THAT
DRINKING, CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES UPON
PUBLIC DUNE CROSSOVERS IS UNLAWFUL;
PROVIDING FOR PENALTIES FOR VIOLATIONS OF
CHAPTER 6, ARTICLE III OF THE CAPE CANAVERAL
CITY CODE, INCLUDING A CLASS I CIVIL CITATION
PENALTY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CITY CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to specifically clarify that the drinking,
consumption, and possession of open containers of alcoholic beverages upon public dune
crossovers is unlawful in the City; and
WHEREAS, the City Council, in accordance with Chapter 162, Florida Statutes, desires
to establish penalties for violations of Chapter 6, Article III of the Cape Canaveral City Code,
including a Class I civil infraction; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapters 2 and 6 of the Code of Ordinances, City of Cape
Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 2 or 6. It is intended that the text in Chapter 2 or 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
Chapter 2 Administration
City of Cape Canaveral
Ordinance No.01-2017
Page 1 of 4
* * *
ARTICLE VI.— CODE ENFORCEMENT
* * *
DIVISION 2.— CODE ENFORCEMENT CITATIONS
* * *
Sec 2-283. - Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the Brevard
County Court, and are assigned the violation classification enumerated below:
(1) Chapter 38, article IV, Fireworks Class II.
(2) Chapter 34, article II, Litter Class I.
(3) Chapter 34, article III, Property Maintenance Standards Class I.
(4) Chapter 34, article V, Noise Class I.
(5) Chapter 34, article VII, Lights Class I.
(6) Section 14-3, Bees and beehives prohibited Class I.
(7) Chapter 14, article III, Sea Turtles Class I.
(8) Section 110-467, Garage sales Class I.
(9) Section 110-582, Swimming pool barriers Class II.
(10) Chapter 62, Solid waste Class I.
(11) Section 110-487, Rental restrictions on dwelling units Class IV.
(12) Chapter 82, article XIV, Numbering of Buildings and Property Class I.
(13) Chapter 82, article V, Registration and Maintenance of Properties in Foreclosure Class IV.
(14) Section 94-6, Prohibited signs and features Class I.
(15) Chapter 90, article V, construction site stormwater runoff control Class II.
(16) Chapter 92, Fertilizer Land Application Class I.
(17) Chapter 6, article III, Possession and Consumption Class I.
(b) In the event of a conflict between the civil penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in this Code or other ordinances,the more stringent
penalty shall apply.
* * *
Chapter 6 Alcoholic Beverages
City of Cape Canaveral
Ordinance No.01-2017
Page 2 of 4
ARTICLE I. - IN GENERAL
Sec. 6-1.—Penalty.
Any person violating this chapter shall be punished as provided in section 1-15, or as otherwise
specifically provided herein.
ARTICLE III.—POSSESSION AND CONSUMPTION
DIVISION 1. - GENERALLY
Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
(a) It shall be unlawful for any person to drink, consume or possess an open container
of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and
wine, on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city
public parking area open to the public [deleted: in the ordinary course of business within the city.]
Sec. 6-54.—Penalties.
Any person who violates or fails to comply with any provision of this Article III, Division I,
"Possession and Consumption—Generally" shall be subject to the following:
(a) The issuance of a Class I citation in accordance with the provisions of section 2-280, et
seq., "Code Enforcement Citations,"; or
(b) Enforcement by other means including, but not limited to: a summons; a notice to appear
in the county or circuit court; an arrest; an action before the special magistrate/code
enforcement board; or a civil action for injunctive relief; or
(c) Punished in accordance with the general penalty set forth in section 1-15 of this Code.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
City of Cape Canaveral
Ordinance No.01-2017
Page 3 of 4
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of January,
2017.
____________________________
Bob Hoog, Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.01-2017
Page 4 of 4
City of Cape Canaveral
[City Seal] City Council Agenda Form
City Council Meeting Date: 1/17/2017
Item No. 3
Subject: Ordinance No. 02-2017; amending Appendix B of the City Code,related to assessment
of Building Permit fees; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, second reading.
Department: Community Development
Summary: Currently, City Code stipulates Building Permit Fees will be calculated solely upon
Building Valuation Data published by the International Code Council(ICC), which is an average
construction cost per square foot. These values are provided by construction type and are on a
National level. It is Staff's experience this approach consistently underestimates the value of
proposed construction. As Building Permit Fees are based on the value of construction, the result
is a reduction of fees collected.
The Proposed Ordinance would provide the Building Official (BO) with a second methodology
for calculation of Building Permit Fees. This approach would allow for calculation of fees based
upon the value of the proposed project as documented by a contract between property owner
and contractor. This would provide for a true reflection of local building costs and values.
For example, using the current ICC valuation model, the proposed Twistee Treat project on
Astronaut Boulevard generated $1,091 in Building Permit Fees. The amount is reached by
multiplying the square footage of the building (583 sq. ft.) by $131.99 per square foot (ICC
value for this type of a restaurant). In comparison, the proposed contract approach ($150,000)
would result fees of$1,624, or 48 percent more revenue. One of the recent single-family homes
built in the City paid $2,145 in permit fees. Under the new calculation, the same home would
have paid $2,714, an increase of 26 percent.
The following local communities were contacted to determine various methods used for
calculating fees:
• Titusville calculates its fees based upon actual construction cost provided by the
applicant as evidenced by a valid contract or professionally certified construction cost
estimate. If,in the opinion of the BO,the value is underestimated he/she can set the value
of construction using the latest data published by ICC.
• Cocoa Beach values new construction from data published by ICC. All other permits/
values are based off the actual contract price.
Building Permit Fees are a type of user fee paid to the City when the Building Depaitinent's
services are required. Building Permits are required for,among other things, construction of new
buildings, additions or remodeling of existing structures and installation of fences and signs.
Currently, annual fees generated by this revenue source do not cover the cost of Department
personnel. The City's 2016/17 Budget includes revenue of $95,000 for Building Permit Fees.
This only covers 50% of the cost to operate the Building Department. As a result, the General
Fund (taxpayers) underwrites the cost of providing this service. The attached Proposed
Ordinance No. 02-2017 would shift the cost of providing Building Department services to actual
users of the services.
City Council Meeting
Date: 1/17/2017
Item No. 3
Page 2 of 2
At its November 23, 2016 meeting, the Planning & Zoning Board unanimously recommended
approval of the Proposed Ordinance.
The Notice of Public Hearing was advertised in Florida Today on January 5, 2017
Submitting Department Director: David Dickey [DD initials] Date: 1/9/17
Attachment: Ordinance No. 02-2017
Financial Impact: Annual Building Permit Fee increase of 20 percent or $19,000. Staff time to
prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 1/9/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 02-2017 at second reading.
Approved by City Manager: David L. Greene [DLG initials] Date: 1/9/17
ORDINANCE NO. 02-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
AMENDING APPENDIX B OF THE CITY CODE, RELATED TO
ASSESSMENT OF BUILDING PERMIT FEES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council desires to accomplish a more accurate realization of project
value in the process of assessing building permit fees for new structures; and
WHEREAS, the current City Code currently relies solely on valuation data published by the
International Code Council to assess applicable building permit fees for new structures; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a
duly noticed public hearing held on November 23, 2016, and said Board has recommended approval
of the amendments to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral,hereby finds this Ordinance to
be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Appendix B. Appendix B of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions,while asterisks (***)indicate a deletion from this Ordinance of text existing
in Appendix B. It is intended that the text in Appendix B, denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
APPENDIX B
***
Subpart B. Land Development Code
City of Cape Canaveral
Ordinance No. 02 - 2017
Page 1 of 3
Chapter 82. Buildings and Building Regulations
***
(A) Building permit fees. On all buildings, structures or alterations requiring a building
permit, a fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
***
The total valuation for assessment of permit fees for new structures shall be based upon the actual
construction contract price for the new structure(s), with satisfactory evidence of same being
submitted to the building official, or a construction cost estimate made by the building official.,
using the latest valuation data published by the International Code Council (I.C.C.), whichever is
greater, except as otherwise provided in this section. In no case shall the valuation be less than
that determined by using en the latest valuation data published by the I.C.C.
[deleted: International Code Council (I.C.C.).]
[deleted: For construction work not addressed in the latest valuation data published by the I.C.C., such
building official, except as otherwise provided in this section.]
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions,alterations,and omissions, not affecting the construction or meaning
of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 02 - 2017
Page 2 of 3
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 17th day of January,
2017.
Bob Hoog, Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk Robert Hoag
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.02 - 2017
Page 3 of 3
City of Cape Canaveral
[City Seal] City Council Agenda Form
City Council Meeting Date: 01/17/2017
Item No. 4
Subject: Ordinance No. 03-2017; amending Sections 50-4 and 2-283 of the Cape Canaveral
City Code regulating sleeping and camping upon public streets and sidewalks, beach end streets,
beach dune crossovers, beaches and parks; providing for procedures to remove personal property
remaining in camp sites; providing for penalties; and providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the city code, severability and an
effective date, first reading.
Department: Culture & Leisure Services
Summary: Yearly, coastal communities in Florida experience an increase in homelessness and
individuals attempting to habitate or camp on public property during winter months. The City is
a tourist destination with warm weather/open beaches making it especially attractive. Although
Staff and Brevard Co ty Sheriff's Office (BCSO) patrol on a regular basis to prevent this
activity, instances of individuals sleeping overnight on City property were recently
reported/addressed.
It was noted by the City Attorney's Office (CAO) that cases challenging ordinances prohibiting
sleeping and camping on public property are continuing to emerge and such decisions are
garnering national interest. CAO advised that the City Code be amended to clarify and protect
the constitutional rights of individuals sleeping and camping on public property. The suggested
amendment to the Ordinance clarifies when a person may and may not be arrested or otherwise
penalized for violation of the anti-camping and sleeping Ordinance, establishes a procedure for
vacating a camping individual from public property, and delineates protocols for
removal/disposal of personal property from public property once an individual has been
arrested/admitted into a homeless shelter or while camping on public property. The amendment
makes violation of this Ordinance a Class I citation, enforceable by means including, but not
limited to: a summons; a notice to appear in the county or circuit court; an est; an action
before the special magistrate/code enforcement board or a civil action for injunctive relief.
Submitting Department Director: Gustavo Vergara [GV initials] Date: 1/4/17
Attachment: Ordinance No. 03-2017
Financial Impact: Staff time and effort to prepare this Agenda Item
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 12/2/16
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 03-2017 at first reading.
Approved by City Manager: David L. Greene [DLG initials] Date: 1/4/17
ORDINANCE NO. 03-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTIONS 50-4 AND 2-283 OF THE CAPE
CANAVERAL CITY CODE REGULATING SLEEPING AND
CAMPING UPON PUBLIC STREETS AND SIDEWALKS,
BEACH END STREETS, BEACH DUNE CROSSOVERS,
BEACHES AND PARKS; PROVIDING FOR PROCEDURES
TO REMOVE PERSONAL PROPERTY REMAINING IN
CAMP SITES; PROVIDING FOR PENALTIES; AND
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CITY CODE,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Constitution provides that it is the policy of the State to conserve
and protect natural resources and scenic beauty and that adequate provision shall be made by law
for the abatement of air and water pollution and of excessive and unnecessary noise and for the
conservation and protection of natural resources; and
WHEREAS, the City Council also finds that the public beaches are an invaluable asset
held in trust by the City for recreational use by residents and visitors alike; and
WHEREAS, the City Council finds that the City's well-being is substantially dependent
upon a high quality of outdoor life for its residents and visitors which is, in turn, dependent upon
maintaining attractive and inviting beaches and parks; and
WHEREAS, the City Council hereby finds that this Ordinance is necessary to preserve
and protect the scenic beauty of the City's public beaches, parks and other public spaces and the
public's enjoyment and safety thereof; and
WHEREAS, the City Council also finds that this Ordinance will appropriately balance the
Constitutional rights of those individuals who are found to be camping or sleeping on public
property with the need to preserve and protect the City's public spaces as described above; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
City of Cape Canaveral
Ordinance No.03-2017
Page 1 of 5
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapters 2 and 50 of the Code of Ordinances, City of Cape
Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapters 2 or 50. It is intended that the text in Chapters 2 and 50 denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
Chapter 2 Administration
* * *
ARTICLE VI.— CODE ENFORCEMENT
* * *
DIVISION 2.— CODE ENFORCEMENT CITATIONS
* * *
Sec 2-283. - Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the Brevard
County Court, and are assigned the violation classification enumerated below:
(1) Chapter 38, article IV, Fireworks Class II.
(2) Chapter 34, article II, Litter Class I.
(3) Chapter 34, article III, Property Maintenance Standards Class I.
(4) Chapter 34, article V, Noise Class I.
(5) Chapter 34, article VII, Lights Class I.
(6) Section 14-3, Bees and beehives prohibited Class I.
(7) Chapter 14, article III, Sea Turtles Class I.
(8) Section 110-467, Garage sales Class I.
(9) Section 110-582, Swimming pool barriers Class II.
(10) Chapter 62, Solid waste Class I.
(11) Section 110-487, Rental restrictions on dwelling units Class IV.
(12) Chapter 82, article XIV, Numbering of Buildings and Property Class I.
(13) Chapter 82, article V, Registration and Maintenance of Properties in Foreclosure Class IV.
(14) Section 94-6, Prohibited signs and features Class I.
(15) Chapter 90, article V, construction site stormwater runoff control Class II.
City of Cape Canaveral
Ordinance No.03-2017
Page 2 of 5
(16) Chapter 92, Fertilizer Land Application Class I.
(17) Chapter 6, article III, Possession and Consumption ..... Class L
(18) Chapter 50, Section 50-4, Sleeping and Camping in Public Areas and Beaches ....
Class I.
(b) In the event of a conflict between the civil penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in this Code or other ordinances,the more stringent
penalty shall apply.
Chapter 50 Offenses and Miscellaneous Provisions
Sec. 50-4. - Sleeping and camping in public areas and beaches.
(f) Enforcement and penalties.
(1) Any person who is observed engaging in any activity prohibited by this section shall
vacate the particular place at issue upon the request of an authorized official or law
enforcement officer. The willful refusal to vacate the area shall be subject to a penalty as
provided in section [deleted 1-15] 50-4(f)(4) of the City Code. Excluding situations when a person is
trespassing upon private property, if a law enforcement officer or other official encounters a
person engaged in an activity prohibited by this section and that person volunteers that he or
she has no home or permanent shelter, that person must be given an opportunity to enter a
homeless shelter or similar facility,if available, or be placed on public property where the city
or Brevard County has authorized camping or overnight sleeping. If no such facility or public
property is available, an arrest may not be made. A homeless shelter or similar facility is
deemed "available" when it has an available overnight space, open to an individual or family
unit experiencing homelessness at no charge. To qualify as available, the space must take
into account sex, marital and familial status, and disabilities. However, if the individual
cannot utilize the overnight shelter space due to voluntary actions such as intoxication, drug
use, unruly behavior, or violation of shelter rules, the overnight shelter space shall still be
considered available. Situations involving trespass upon private property shall be handled
by law enforcement in accordance with trespass laws.
(2) If personal property remains in violation of subsection (d) after an arrest, entrance into a
homeless shelter or similar facility, or if it is otherwise left unattended, the city's law
enforcement officer or official may remove such personal property to a secure location for a
period of not less than (90) days. Notice of the removal shall be posted and remain at the
nearest reasonable location to the place of removal with the city's contact information and
instructions on how to redeem removed property for the ninety (90) day period or, if the
individual claiming ownership of the property is present at the time of removal, such notice
shall be provided to the individual personally. If property is not claimed within the ninety
City of Cape Canaveral
Ordinance No.03-2017
Page 3 of 5
(90) day period, the property shall be deemed abandoned and the City shall have the right to
dispose of the property. An individual claiming the property shall produce identification and
shall sign a release form providing his or her name and contact information and swearing that
the property belongs to the claiming party. Nothing herein shall limit or restrict the City and
its officials from immediately destroying hazardous debris, trash and items posing an
immediate risk to public health and safety, such as syringes. Items such as medicine,
personal identification, photographs, family memorabilia, toiletries, clothing, cell phones,
sleeping bags and blankets and non-hazardous items in containers, such as backpacks or
boxes, shall not be considered garbage and shall be removed and stored in accordance with
this section.
(3) Should the City or its officials desire to clean up public property being used for camping
while personal property remains attended, the City shall prominently post a Notice to Vacate
at the particular camping location at least twenty-four (24) hours in advance of the cleaning,
except that notice shall not be required prior to removal of personal property or trash posing
an immediate risk to public health and safety. Personal property remaining at the time of the
scheduled cleaning may be removed. Such personal property shall be stored and post-
removal notice shall be posted as provided above in this section.
(4) Any person who violates or fails to comply with any provisions of this Section 50-4
shall be subject to the following:
(a) The issuance of a Class I citation in accordance with the provisions of section 2-
280, et seq., "Code Enforcement Citations"; or
(b) Enforcement by other means including, but not limited to: a summons; a notice to
appear in the county or circuit court; an arrest; an action before the special magistrate/code
enforcement board or a civil action for injunctive relief; or
(c) Punished in accordance with the general penalty set forth in Section 1-15 of this
Code.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
City of Cape Canaveral
Ordinance No.03-2017
Page 4 of 5
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this ____ day
of _________________, 2017.
______________________________
Bob Hoog, Mayor
ATTEST: For Against
Mike Brown
Mia Goforth, CMC Robert Hoog
City Clerk Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.03-2017
Page 5 of 5
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/17/2017
Item No. 5
Subject: Authorize removal of two (2) Specimen Trees at 110 & 112 Ocean Garden Lane at a
mitigation ratio of one-to-one.
Department: Community Development
Summary: On October 13, 2016, a tree removal application was submitted to Staff for removal
of two (2) Live Oak Trees by Benzinger Construction in order to build two townhouses located
at 110 & 112 Ocean Garden Lane, Cape Canaveral (Attachment 1).
On October 25, 2016, the City Arborist conducted a site inspection and verified the two(2) Live
Oak Trees proposed for removal are Specimen Trees.
Tree #1 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 2). Tree
number (1) has a diameter at breast height (dbh) of twenty-five (25) inches, is approximately
thirty-five (35) feet in height and has a thirty (30) foot canopy spread. The Arborist's report
indicated, at the time of inspection, the tree was in good health.
Tree #2 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 3). Tree
number two (2)has a diameter at breast height (dbh) of twenty-four (24)inches, is approximately
thirty (30) feet in height and has a twenty-five (25) foot canopy spread. The Arborist's report
indicated, at the time of inspection, the tree was in good health.
Sec. 102-41(b) of the City's Code indicates that: "Notwithstanding any other provision of this
division, specimen trees shall not be removed except for extraordinary circumstances and
hardships and only by final permit approved by the city council. As a condition of removal of
any specimen tree, the city council shall have the right to require that replacement trees be
planted or a contribution to the tree bank be made [...]"
As indicated by the attached Site Plan/Survey (Attachment 4), the two Specimen Trees are
located in the footprint of the proposed townhomes, which necessitates their removal.Therefore,
mitigation is required per Sec. 102-41(b).
Staff recommends City Council authorize removal of the Specimen Trees, with the required
mitigation completed by the time of issuance of Certificate of Occupancy (C.O.) for the
proposed townhomes. Staff recommends removal of the trees be mitigated at a ratio of one-to-
one which can be in the form of a contribution to the City's Tree Bank or planting of replacement
trees.
Submitting Department Director: David Dickey [DD initials] Date: 1-5-17
City Council Meeting Date: 1/17/2017
Item No, 5
Page 2 of 2
Attachments:
1 - Permit Application for Removal of Trees/Aerial Photo
2 - Tree Hazard Evaluation Form #1
3 - Tree Hazard Evaluation Form #2
4 - Site Plan/Survey
Financial Impact: Staff time and effort to complete Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [JD initials] Date: 1/4/17
The City Manager recommends that City Council take the following action(s):
Authorize removal of two (2) Specimen Trees located at 110 & 112 Ocean Garden Lane at a
mitigation ratio of one-to-one.
Approved by City Manager: David L. Greene [DLG initials] Date: 1/5/17
Attachment 1
Date: 10/13/16
[stamped: RECEIVED OCT 13 2016] Tracking # ______
Permit # _____
CITY OF CAPE CANAVERAL
PERM IT APPLICATION
FOR THE REMOVAL OF TREES
Authority: City of Cape Canaveral Code of Ordinances Sec. 102-37(e)
(321) 868-1222
City of Cape Canaveral Building Department 7510 N. Atlantic Ave. Cape Canaveral, FL 32920
You may download this application: www.cityofcanecanaveral.org. You may fax to: (321)868-1247. Important: Please complete the checklist
on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete.
APPLICANT WILL BE CALLED WHEN PERMIT IS READY.
(Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. I.D. may be required)
Address of Job Site: [written: 110 & 112 Ocean Gardens, Cape Canaveral]
Legal description of property: TWN: _____RNG:_____SEC:_____SUBD:_____BLK:_____LOT:_____PB:_____PG:_____
Property Owner Name: [written: Seaside] Phone: [written: 321-917-6306 Address: [written: 140]
Contractor Name: [written: Ben - undetectable - Contractor] Name of Company: [written: Howard Benzigler]
Address: PO Box 541397 Merritt Island FL 32954
State License No.: [written: R60040469] Phone (office): 321-917-6306 Phone(cell/pager.): Fax:
Please check all that apply (proof may be required). Of the tree(s) to be removed, are all the trees: dead? [written: no] diseased? [written: no]
suffering from severe structural defects? [written: no] posing a clear and obvious safety hazard? [written: no]
Please clarify the reason tree(s) must be removed: [written: in the center of building]
Do you plan to relocate the tree(s) or re-plant new tree(s)? Please describe: [written: plant whats needed to midigate]
Notes: d.b.h. is diameter at breast height (4 1/2 feet above grade)
Caliper is the measurement of a tree 12 inches from the soil level.
A Specimen Tree is one with a 24"or greater caliper measurement.
City Council shall have final approval authority for the removal of Specimen Trees.
Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of
Building built or proposed protected/native how many have caliper of all protected/native tree removal
on the property trees over 3"dbh measurement of 24"or larger? trees to be removed work
to be removed
[ ]Single Family Residence
[x] Townhome 2 2 60" 1,000.00
[ ]Apartment
[ ]Other(specify)
[x]Permit Application Checklist Notes
Completed Permit Application
A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping
Contractor's State License Record will be kept on file after initial submittal
Current Worker's Comp. Policy/Exemption Record will be kept on file after initial submittal
City Council Approval(if needed-please attach approval minutes) For removal of specimen or historic trees
Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no
work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the
standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree
removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an
authorized agent of the Contractor andJor the Owner and has the authority to apply for this permit.
Applicant's Name: [written: Howard Benzigler] Applicant's Signature: [signature] Date: [written: 10-13-16]
Notary use only: In the State of Forida, County of Brevard sworn and subscribed before me this [written: 13th] day of [written: October, 20 [written 16],
by [written Howard Lloyd Benzigler]
Printed name of Applicant [x] who produced identificationtion [written: FL drivers license]
[ ] is personally known to me.
Seal: KAREN HUTCHINSON
MYCCMM1SSION#FF951009
EXPIRES, January 1, 2020 [Karen Hutchinson signature]
Bonded Thru Notary Public Underwriters Signature-Notary Public At Large
G:\Bldg.Dept.Forms\BP Appl.Removal of Trees(3 D.U.) This form may be duplicated.
Attachment 1
[Aerial photo of lot via Google Earth]
Attachment 2
[ISA LOGO®] A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
TREE HAZARD EVALUATION FORM 2nd Edition
Site/Address: [written: 110-112 Ocean Garden Ln C.C., FL
Map/Location:
Failure + Size + Target = Hazard
Owner: public_____ private__[x]__ unknown _____ other _____ Potential of part Rating Rating
Date: [written 10-25-16] Immediate action needed `
Date of last inspection: [written: unknown] Needs further inspection
Dead tree
TREE CHARACTERISTICS
Tree# [written: 1] Species: [written: Quereus Virginiana "Live Oak"
DBH: [written: 25"] # of trunks: [written: 1] Height: [written: 35'] sopread: [written 30-]
Form: [x] generally semetric [ ] minor asymmetry [ ] major asymmetry [ ] stump sprout [ ] stag headed
Crown class: [x] dominant [ ] co-dominant [ ] intermediate [ ] suppressed
Live crown ratio: 100 % Age class: [ ] young [ ] semi-mature [x] mature [ ] over-mature/senescent
Pruning history: [ ] crown cleaned [ ] excessively thinned [ ] loceed [ ] crown raised [ ] pollarded [ ] crown reduced [ ] flush cuts [ ] cabled/braced
[ ] none [x] multiple pruning events Approx. dates: [written: unknown]
Special Value: [x] specimen [ ] heritage/historic [ ] wildlife [ ] unusual [ ] street tree [ ] screen [ ] shade [x] indigenous [x] protected by gov. agency
TREE HEALTH
Foliage color: [x] normal [ ] chlorotic [ ] necrotic [ ] Epicormies? [Y} N Growth obstructions:
Foliage density: [ ] normal [ ] sparse [ ] Leaf size: [x ] normal [ ] small [ ] stakes [ ] wire/ties [ ] signs [ ] cables
Annual shoot growth: [ ] excellent [x] average [ ] poor Twig Dieback? Y [ ] curley pavement [ ] guards (,, /
Woundwood development [ ] excellent [x] average [ ] poor [ ] none [x] other [written: New house to be built]
Vigor class: [ ] excellent [x] average [ ] fair [ ] poor
Major pests/diseases: [written: none at the time of inspection.
SITE CONDITIONS
Site Character. [x] residence [ ] commercial [ ] industral [ ] park [ ] open [ ] natural [ ] woodlancNorest
Landscape type: [ ] parkway [ ] raised bed [ ] container [ ] mound [x] lawn [ ] shrub border [ ] wind break
Irrigation: [x] none [ ] adequate [ ] inadequate [ ] excessive [ ] trunk wetted
Recent site disturbance? Y [x] N [ ] construction [ ] soil disturbance [ ] grade change [ ] line clearing [ ] site clearing
% dripline paved: 0% 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y [N}
% dripline w/till soil: 0% 10-25% 25-50% 50-75% 75-100%
% dripline grade lowered: 0% 10-25% 25-50% 50-75% 75-100%
Soil Problems: [ ] drainage [ ] shallow [ ] compacted [x] droughty [ ] saline [ ] alkaline [ ] acidic [ ] small volume [ ] disease center [ ] history of fail
[ ] clay [ ] expansive [ ] slope_____[degree] aspect: _____
Obstructions: [ ] lights [ ] signage [ ] line-of-sight [ ] view [ ] overhead lines [ ] underground utilities [ ] tratfc [ ] adjacent veg. [x} [written: new house]
Exposure to wind: [x] single tree [ ] below canopy [ ] above canopy [ ] recently exposed [ ] windward, canopy edge [ ] area prone to windthrow
Prevailing wind direction: [written: East] Occurrence of snow/ice storms [ ] never [ ] seldom [ ] regularly
TARGET
Use Under Tree: [ ] building [ ] parking [ ] traffic [ ] pedestrian [ ] recreation [ ] landscape [ ] hardscape [ ] small features [ ] utility fines
Can target be moved? Y [N] Can use be restricted? Y [N]
Occupancy: [ ] occasional use [ ] intermittent use [ ] frequent use [ ] constant use
.
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
TREE DEFECTS______________________________________
ROOT DEFECTS:
Suspect root rot: Y [N] Mushroom/conk/bracket present: Y [N] ID:________________
Exposed roots: ❑ severe ❑ moderate [x] low Undermined: ❑ severe ❑ moderate [x] low
Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y [N] When:______
Restricted root area: ❑ severe ❑ moderate [x] low Potential for root failure: ❑ severe ❑ moderate ❑ low
LEAN:____deg. from vertical [x] natural ❑ unnatural ❑ self-corrected Soil heaving: Y [N]
Decay in plane of lean: Y [N] Roots broken Y [N] Soil cracking: Y [N]
Compounding factors: New house to be built on lots Lean severity: ❑ severe ❑ moderate [x] low
CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s=severe, m=moderate,I=low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poor taper L L L L
Bow,sweep L L L L
Codominants/forks N/A L L L
Multiple attachments L L L L
Included bark L L L L
Excessive end weight N/A L L L
Cracks/splits L L L L
Hangers N/A L L L
Girdling L L L L
Wounds/seam L L L L
Decay L L L L
Cavity L L L L
Conks/mushrooms/bracket L L L L
Bleeding/sap flow L L L L
Loose/cracked bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure L L L L
HAZARD RATING
Tree part most likely to fail: Healthy Tree Failure potential: 1 -low; 2-medium; 3-high; 4-severe
Size of part: 1 -<6" (15 cm); 2-6-18" (15-45 cm);
Inspection period: annual biannual other - 1 Time 3 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating
Target rating: 1 -occasional use; 2 intermittent use;
1 + 3 + 4 = 8 3-frequent use; 4-constant use
HAZARD ABATEMENT
Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑ restructure ❑shape
Cable/Brace: Inspect further: ❑root crown ❑decay ❑aerial ❑monitor
Remove tree: Y N Replace? Y N Move target: Y [N] Other:
Effect on adjacent trees: [X] none ❑evaluate
Notification: ❑owner ❑manager [X] governing agency Date: 10-25-16
COMMENTS
The tree I inspected today was a Live OAK. At the time of inspection this OAK was a specimen tree and in good health. The tree is going to be in the footprint of
a new house to be built on the Lot. If you have anymore questions, Please call me (321-863-7341) Thank you, Tim Davis FL0509A
Attachment 3
[ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
TREE HAZARD EVALUATION FORM - 2nd Edition
Site/Address: 110-112 Ocean Garden Ln. C.C., FL HAZARD RATING: 3-12
Map/Location: 1 3 4 8
Failure + Size + Target = Hazard
Owner: public private [X] unknown other Potential of part Rating Rating
Date: 10-25-16 Inspector: City of Cape Canaveral - Tim Davis _____ Immediate action needed
Date of last inspection: Unkown _____ Needs further inspection
_____ Dead tree
TREE CHARACTERISTICS
Tree#: 1 Species: Quercus virginiana "Like OAK"
DBH: 24" # of trunks: 1 Height: 30' Spread: 25'
Form: [X] generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed
Crown class: [X] dominant ❑co-dominant ❑intermediate ❑suppressed
Live crown ratio: 100 % Age class: ❑young ❑semi-mature [X] mature ❑over-mature/senescent
Pruning history: ❑crown cleaned ❑excessively thinned ❑topped ❑crown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced
❑none [X] multiple pruning events Approx.dates: Unkown
Special Value: [X] specimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade [X] indigenous [X] protected by gov. agency
TREE HEALTH
Foliage color: [X] normal ❑chlorotic ❑necrotic Epicormics? Y [N] Growth obstructions:
Foliage density: [X] normal ❑sparse Leaf size: ❑normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables
Annual shoot growth: ❑excellent [X] average ❑poor Twig Dieback? Y [N] ❑curb/pavement ❑guards
Woundwood development: ❑excellent [X] average ❑poor ❑none [X] other New house to be built.
Vigor class: excellent [X] average ❑fair ❑poor
Major pests/diseases: None at the time of inspection.
SITE CONDITIONS
Site Character: [X] residence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest
Landscape type: ❑parkway ❑raised bed ❑container ❑mound [X] lawn ❑shrub border ❑wind break
Irrigation: [X] none ❑adequate ❑inadequate ❑excessive ❑trunk wettled
Recent site disturbance? Y [N] ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing
%dripline paved: 0% [X] 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y [N]
%dripline w/ fill soil: 0% [X] 10-25% 25-50% 50-75% 75-100%
%dripline grade lowered: 0% [X] 10-25% 25-50% 50-75% 75-100%
Soil problems: ❑drainage ❑shallow ❑compacted [X] droughty ❑saline [X]alkaline ❑acidic ❑small volume ❑disease center ❑history of fail
❑clay ❑expansive ❑slope ° aspect:
Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. [X] New House
Exposure to wind: [X] single tree ❑below canopy ❑above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow
Prevailing wind direction: East Occurrence of snow/ice storms [X] never ❑seldom ❑regularly
TARGET
Use Under Tree: ❑building ❑parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape ❑small features ❑utility lines
Can target be moved? Y [N] Can use be restricted? Y [N]
Occupancy: ❑occasional use ❑intermittent use ❑frequent use [X] constant use
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
TREE DEFECTS _______________________
ROOT DEFECTS:
Suspect root rot: Y [N] Mushroom/conk/bracket present: Y [N] ID:___________
Exposed roots: ❑severe ❑moderate [X] low Undermined: ❑severe ❑moderate [X] low
Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y [N] When:_____
Restricted root area: ❑severe ❑moderate [X] low Potential for root failure: ❑severe ❑moderate [X] low
LEAN: deg.from vertical ❑natural ❑unnatural ❑self-corrected Soil heaving: Y [N]
Decay in plane of lean: Y [N] Roots broken Y [N] Soil cracking: Y [N]
Compounding factors: New house to be built on lots Lean severity: ❑severe ❑moderate [X] low
CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I=low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poor taper L L L L
Bow,sweep L L L L
Codominants/forks N/A L L L
Multiple attachments N/A L L L
Included bark L L L L
Excessive end weight N/A L L L
Cracks/splits L L L L
Hangers N/A L L L
Girdling L L L L
Wounds/seam L L L L
Decay L L L L
Cavity N/A L L L
Conks/mushrooms/bracket L L L L
Bleeding/sap flow L L L L
Loose/cracked bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure
HAZARD RATING
Tree part most likely to fail: Healthy Tree Failure potential: 1 -low; 2-medium; 3-high; 4-severe
Size of part: 1 -<6"(15 cm); 2-6-18"(15-45 cm);
Inspection period: annual biannual other 1 time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating
Target rating: 1 - occasional use; 2 intermittent use;
1 + 3 + 4 = 8 3 - frequent use; 4 - constant use
HAZARD ABATEMENT
Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑ restructure ❑shape
Cable/Brace: Inspect further: ❑root crown ❑decay ❑aerial ❑monitor
Remove tree: Y N Replace? Y N Move target: Y [N] Other:
Effect on adjacent trees: [X] none ❑evaluate
Notification: ❑owner ❑manager [X] governing agency Date: 10-25-16
COMMENTS
The tree I inspected today was a Live OAK. At the time of inspection this OAK was a specimen tree and was in good health.
The tree is going to be in the footprint of a new house. If you have anymore questions Please call me. (321-863-7341) Thank you, Tim Davis FL0509A
Attachment 4
[MAP OF SURVEY - John Campbell Surveying.]