HomeMy WebLinkAboutcocc_council_mtg_packet_20190115 CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 15, 2019
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda,minutes,informational items),and quasi-judicial or emergency items. Citizens
will limit their comments to three (3)minutes. The City Council will not take any action under the
"Public Participation" section of the agenda. The Council may schedule items not on the agenda
as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. 6:20 p.m.
1. Approve Minutes for December 18, 2018 City Council Regular Meeting.
2. Award the Bid for construction of the Canaveral City Park Reclaimed Effluent Disposal
Project to Carr& Collier, Inc., in the amount of$194,100.00 and authorize City Manager
to execute the Construction Agreement for same.
PUBLIC HEARINGS:
6:20 p.m. 6:35 p.m.
3. a. Ordinance No. 01-2019; adopting a small scale Future Land Use Map Amendment
by changing the Future Land Use Map designation of certain real property located at 8811
Sea Shell Lane, and more particularly depicted and legally described on Exhibit "A"
attached hereto, from "C-1 Commercial Low Density" to "R-1 Residential Low Density";
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading.
b. Ordinance No. 02-2019; changing the Zoning Map designation of certain real
property generally located at 8811 Sea Shell Lane and more particularly depicted and
legally described on Exhibit"A" attached hereto, from"C-1 Commercial Low Density"to
"R-1 Residential Low Density"; providing for the repeal of prior inconsistent ordinances
and resolutions, severability and an effective date, first reading.
City of Cape Canaveral,Florida
City Council Meeting
January 15, 2019
Page 2 of 2
4. Ordinance No. 05-2019; adopting the 2018 International Property Maintenance Code as
amended herein; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, first reading.
REPORTS:
6:35 p.m. 6:45 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 x207
or x206) 48 hours in advance of the meeting.
Item No. 1
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 18, 2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Raymond led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Alan Confreda
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: None.
CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion.
No items were removed.
1. Approve Minutes for November 18, 2018 Regular City Council Meeting.
2. Reappoint Council Member Angela Raymond as the Voting Delegate/Director and appoint
Council Member Rocky Randels as Alternate to the Space Coast League of Cities (SCLOC).
A motion was made by Council Member Randels, seconded by Council Member Raymond,
for approval of the Consent Agenda. The motion carried 5-0.
City of Cape Canaveral,Florida
City Council Regular Meeting
December 18, 2018
Page 2 of 2
REPORTS:
City Manager Greene stated Cape View Giving Tree ornaments will be given back to students who
created them, envisions the same type of program going forward, this first event exceeded
expectations with tremendous support from the Community to help the needy, wished all Happy
Holidays and is looking forward to 2019.
Council Member Raymond commented on the extraordinary generosity and giving during the
Holiday Season, congratulated everyone involved with Friday Fest, complimented the Cape View
Elementary School Choir and Strings holiday performance, wished all a Merry Christmas, Happy
New Year and read a poem in honor of City Manager Greene. City Manager Greene read a poem
and a limerick in honor of Council Member Raymond.
Council Member Randels reported his activities on the Space Coast Transportation Planning
Organization and Space Coast Area Transit Commission's Transportation Disadvantaged Local
Coordinating Boards among others. Discussion ensued regarding aggressive actions taken by the
City related to specific transportation issues, prior adopted resolutions and a future resolution to
be brought before Council to further urge for Florida Department of Transportation improvements
on State Road AIA in the City.
Council Member Morrison commented on the success of the Resiliency Workshop presented by
the East Central Florida Regional Planning Council, attendance at the City's Holiday Employee
Luncheon and Friday Fest,where he encouraged District 51 State Representative-elect Tyler Sirois
to join the City in support of State Road AIA Improvements. He thanked Canaveral Fire Rescue
for Santa's Ride through the City,complimented Staff on Holiday decorations and the 23rd Annual
Reindeer Run and thanked all First Responders who work during the Holidays.
Mayor Pro Tem Brown thanked Staff, Council, Citizens and First Responders for everything
during 2018, looking forward to the New Year and wished everyone safe travels during the
Holidays.
Mayor Hoog wished all a Merry Christmas, Happy New Year and was reminded by Council
Member Raymond that everyone needs to sign up for the Mayors' Fitness Challenge.
City Attorney Gar ag nese shared his enjoyment in participating in the Reindeer Run and Friday
Fest and wished all a Merry Christmas and Happy New Year.
ADJOURNMENT:
There being no further business, the Meeting adj ourned at 6:27 PM.
Bob Hoog, Mayor
Mia Goforth, CMC, City Clerk
[CITY SEAL]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/15/2019
Item No. 2
Subject: Award the Bid for construction of the Canaveral City Park Reclaimed Effluent Disposal
Project to Carr & Collier, Inc., in the amount of $194,100.00 and authorize City Manager to
execute the Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified Licensed Contractors,in accordance with the City Purchasing
Policy and Florida Statutes, to submit a Bid for construction of the Canaveral City Park
Reclaimed Effluent Disposal Project. The Project represents a significant expansion and usage
of the existing stormwater exfiltration system beneath Canaveral City Park.
Project Description. The Work includes alterations to (1) the City's reclaimed water system
along Magnolia Avenue and (2) the existing exfiltration system beneath Canaveral City Park.
These alterations will allow for the discharge of excess reclaimed water into the underground
stormwater chambers for infiltration with operation from the Water Reclamation Facility(WRF)
via a Supervisory Control and Data Acquisition (SCADA) system. The SCADA system will
utilize a reclaimed water hydrant and associated piping already present along Magnolia Avenue.
As stated by staff from Florida Department of Environmental Protection (FDEP) and St. Johns
River Water Management District (SJRWMD), this is a unique project for the East-Central
Florida region as excess reclaimed water will be discharged to the surficial aquifer rather than a
surface water body (e.g. Banana River). Due to the uniqueness of the Project, FDEP and
SJRWMD required numerous investigative tasks prior to awarding project permits. These
additional tasks were completed and included the installation of four groundwater monitoring
wells surrounding the Park, extensive groundwater/soil sampling/analysis and additional
computer modeling to determine mounding effects. The ultimate goal of the Project is to
significantly reduce (or possibly eliminate) the need to discharge excess reclaimed water from
the City's WRF to the Banana River. This Project is another effort by the City to improve the
water quality of the Banana River.
Firm Selection Process. Staff advertised this bid opportunity on November 8, 2018 by posting
(1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid
information to Onvia, Inc., bid service (DemandStar). A "Bid Submittal" notation was also
included that the contract will be awarded pursuant to the requirements of applicable State and
Federal laws and regulations.
One sealed Bid Submittal was received and publicly opened at City Hall Conference Room A
on December 13, 2018. Upon review of the Bid, Staff and consulting engineering personnel
(Geosyntec, Inc.) recommended the Project be awarded to Carr & Collier, Inc., of Leesburg,
Florida with a bid amount of$194,100.00. Acceptance of the Bid is based upon Carr& Collier
being the firm that installed the underground stormwater chambers at Canaveral City Park in
2016 and thus already familiar with the system. It was anticipated that few bids would be
submitted for this Project since much of the Work is SCADA system-related along with
underground utility construction (i.e., significant subcontractor requirements). A Bid Approval
Letter from Geosyntec is included as Attachment #1. A proposed Construction Agreement is
included as Attachment#2.
City Council Meeting
Date: 1/15/2019
Item No. 2
Page 2 of 2
Project Funding.This Project will be funded through the City Wastewater Enterprise Fund.
Submitting Department Director: Jeff Ratliff Date: 1/4/19
Attachments:
#1 —Bid Approval Letter
#2 - Construction Agreement
Financial Impact: Construction of the Canaveral City Park Reclaimed Effluent Disposal Project
to Carr&Collier, Inc.,in the amount of$194,100.00 funded by the Wastewater Enterprise Fund.
Stafftime and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/4/19
The City Manager recommends that City Council take the following action: Award the Bid
for construction of the City Park Reclaimed Effluent Disposal Project to Carr & Collier, Inc., in
the amount of$194,100.00 and authorize City Manager to execute the Construction Agreement
for same.
Approved by City Manager: David L. Greene Date: 1/4/19
Attachment 1
Geosyntec consultants 6770 S.Washington Ave, Suite 3
Titusville, FL 32780
Phone:321-249-9362
www.geosyntec.com
20 December 2018
City of Cape Canaveral
Public Works Services Department
Attn: Jeff Ratliff
601 Thurm Blvd
Cape Canaveral, FL 32920
Subject: City Park Reclaimed Effluent Disposal Project- Recommendation of Bid Award
Dear Mr. Ratliff:
Geosyntec Consultants has reviewed the submitted Bid for Bid#2018-05 - CITY PARK
RECLAIMED EFFLUENT DISPOSAL PROJECT and recommends that the City of Cape Canaveral
approve the bid submitted from Carr & Collier Inc. (fka Villages Construction, Inc.).
Sincerely,
GEOSYNTEC CONSULTANTS
Lee G.Mullon,PE,CFM
Senior Water Resources Engineer
lmullon@geosyntec.com
engineers I scientists I innovators
Attachment 2
Bid #2018-05
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2019 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and Carr & Collier, Inc., a State Certified General
Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR), as follows:
1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract
Documents, for the construction of alterations to the stormwater exfiltration system at Canaveral City
Park as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by
this reference("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by Geosyntec, Inc.
(Geosyntec), dated October 2018; Addendum #1 prepared by Geosyntec, dated December 2018; Bid
#2018-05; Documents issued by the City; Contractor's Bid Submittal; General Conditions by the City;
Supplemental Terms and Conditions by the City; and all Change Orders approved by the City after
execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by
this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda; Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors,
ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion
will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees
to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision
of the CITY.When the material, article or equipment is designated by a brand name and more than one
brand name is listed, it will be understood that the work is based on one brand name only. The
CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article
or equipment being provided without additional cost to the CITY. A substitute material, article or
equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
CITY prior to use of the substitute for a specified brand name and allow the CITY to make a
determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME-The CONTRACTOR shall begin work within thirty(30)days after the issuance of a
written Notice to Proceed and shall complete the Work within one hundred eighty (180) calendar days
from the date of the Notice to Proceed. Extensions, if any, are authorized by City, and may only be
granted in writing.
City of Cape Canaveral/Contractor
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Bid #2018-05
Cape Canaveral, Florida
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense and difficulties involved in proving in a
legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially
completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one
hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for
final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten ($10.00)dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of one hundred ninety four thousand one hundred dollars and no cents ($194,100.00).
Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the
Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if
attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7)calendar days after written notice
from the CITY specifying the default complained of unless, however, the nature of the default is
such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing
its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
Work properly performed prior to the effective date of termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
City of Cape Canaveral/Contractor
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Bid #2018-05
Cape Canaveral, Florida
explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress
payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in
part, and the project is subject to laws and regulations contrary to the Act.The term "50%completion of
the project" shall mean the point at which the CITY has expended 50% of the total cost of the
construction services purchased under this Agreement together with all costs associated with existing
change orders and other additions or modifications to the construction services provided for in this
Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to
one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days
after the work is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY
a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all
labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to
CITY indemnifying him against such claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
City of Cape Canaveral/Contractor
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Bid #2018-05
Cape Canaveral, Florida
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the
general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized
representative is the CITY's Project Manager during the entire period of construction. The CITY
may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction, or for the sequences, methods and
procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on
work progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING— CITY's Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY's Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct
the work, and give it all attention necessary for such proper supervision and direction.
City of Cape Canaveral/Contractor
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Bid #2018-05
Cape Canaveral, Florida
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)calendar year
after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain,
incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of
CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or
City of Cape Canaveral/Contractor
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Bid #2018-05
Cape Canaveral, Florida
employees in the execution, performance or non-performance or failure to adequately perform
CONTRACTOR's obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense
or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims
of liability and all suits and actions of every name and description that may be brought against the
CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from
the services under this Agreement whether the services be performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive
termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of
good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work is performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
City of Cape Canaveral/Contractor
Page 6 of 10
Bid #2018-05
Cape Canaveral, Florida
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall
be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days
prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the
event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action
or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non-prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement,trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and
their employees are independent contractors and not employees of the CITY. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
30. DOCUMENTS- Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable
public records laws, CONTRACTOR agrees that any records, documents, transactions, writings,
papers, letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the physical form,
characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the
services provided to the CITY under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a
public record, whether in the possession or control of CITY or the CONTRACTOR. Said records,
City of Cape Canaveral/Contractor
Page 7 of 10
Bid #2018-05
Cape Canaveral, Florida
documents, transactions, writings, papers, letters, computerized information and programs, maps,
books, audio or video tapes, films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject
to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the CITY's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA
32920.
CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall
keep and maintain all public records required by CITY to perform the services as agreed to herein.
CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term. Upon completion of the Agreement,
CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the
CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such
transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. However, if the CITY CLERK does not
request that the public records be transferred, the CONTRACTOR shall continue to keep and
maintain the public records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to CITY,
upon request from the CITY CLERK, in a format that is compatible with the information technology
systems of CITY. Should the CITY not possess public records relating to this Agreement which are
requested to be inspected or copied by the CITY or any other person, the CITY shall immediately
notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the
CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR
does not comply with a public records request, the CITY may enforce this Section to the extent
permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the
public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties
under Section 119.10, Florida Statutes.The CONTRACTOR acknowledges that if a civil action is filed
against the CONTRACTOR to compel production of public records relating to this Agreement, the
court may assess and award against CONTRACTOR the reasonable costs of enforcement, including
reasonable attorney fees. All public records in connection with this Agreement shall, at any and all
reasonable times during the normal business hours of the CONTRACTOR, be open and freely
exhibited to the CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR
to grant such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of
cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this
Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating
Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY
shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages
incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY
shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay
a third party because of the CONTRACTOR's failure to comply with this Section. The terms and
conditions set forth in this Section shall survive the termination of this Agreement.
In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents,
transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to this Agreement or in connection with any funds provided by the City pursuant to
City of Cape Canaveral/Contractor
Page 8 of 10
Bid #2018-05
Cape Canaveral, Florida
this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes.
Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would
be required by the City in order to perform the services required by this Agreement. Contractor also
agrees to provide the public with access to public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law. In addition, Contractor shall meet all requirements for retaining public
records and transfer, at no cost, to the City all public records in possession of the Contractor upon
termination of this Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information technology systems of the City. If
Contractor does not comply with a public records request, the City shall have the right to enforce the
provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this
Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a
third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida
Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be
entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred
by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be
entitled to reimbursement of any and all attorney's fees and damages which the City was required to
pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This
Paragraph shall survive the termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity
under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal
law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for
the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion
thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof,which, when totaled with all other claims or judgments paid by the State or
its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three
hundred thousand dollars($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
City of Cape Canaveral/Contractor
Page 9 of 10
Bid #2018-05
Cape Canaveral, Florida
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or three (3) business days after being deposited in the United States Mail, postage prepaid,
certified or registered; or the next business day after being deposited with a recognized overnight mail
or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows (or to such other person or at such other
address,of which any party hereto shall have given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
David L. Greene, City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1247 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
David L. Greene, City Manager
By:
Mia Goforth, City Clerk
Date
City of Cape Canaveral/Contractor
Page 10 of 10
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/15/2019
Item No. 3
Subject:
a. Ordinance No. 01-2019; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of certain real property located at 8811 Sea Shell
Lane, and more particularly depicted and legally described on Exhibit"A"attached hereto,from •
"C-1 Commercial Low Density" to "R-1 Residential Low Density"; providing for the repeal of
prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, first reading.
b. Ordinance No. 02-2019; changing the Zoning Map designation of certain real property
generally located at 8811 Sea Shell Lane and more particularly depicted and legally described
on Exhibit"A" attached hereto, from "C-1 Commercial Low Density"to "R-1 Residential Low
Density"; providing for the repeal of prior inconsistent ordinances and resolutions, severability
and an effective date, first reading.
Submitting Department: Community Development
Summary: This request is to both amend the City's Comprehensive Plan Future Land Use Map
(FLUM) and to rezone a .4 acre parcel from C-1 to R-1. The parcels have been assigned an
address of 8811 Sea Shell Lane by the Brevard County 911 Division (Attachment 1). The
property is vacant. The property is currently designated C-1 by the FLUM and has a zoning
designation of C-1 (Attachment 2). A review of the City's historical zoning maps indicates the
property having a zoning designation of C-1 since the City's incorporation.
The applicant, who purchased the parcels in January of 2018, did so with the intent of
constructing a single-family home on the property. However,with the passage of Ordinance No.
02-2016, City Council eliminated residential uses from commercial districts, thus the rezoning
request.
Currently, the property consists of three individual townhouse parcels. However, the City is
processing a Unity of Title request to combine the parcels into a single development parcel. The
three parcels include approximately 17,200 square feet of area, which meets the minimum
requirement of 7,500 square feet in the R-1 district.
The parcels are located within the Harbor Heights subdivision, which is located in the N.
Atlantic Avenue corridor. The vast majority of the parcels in Harbor Heights are zoned R-1 and
developed with single-family homes. There are several parcels, south of the subject property,
zoned C-1; however, they are developed with multi-family residential uses. The Villages of
Seaport, immediately north of the property, is zoned R-2.
The property is served by City wastewater service and City of Cocoa water. A stormwater plan
for the property has been reviewed and approved by the City Engineer.
The proposed revision to the City's Future Land Use Map is processed through the
comprehensive plan amendment process established in Chapter 163 of the Florida Statutes. As
indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the
subject request is considered) shall be first considered by the Local Planning Agency and will
require one hearing before the City Council, which shall be the adoption hearing.
City Council Meeting
Date: 1/15/2019
Item No. 3
Page 2 of 4
Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant
and appropriate data and an analysis by the City to include (response in italics):
1. An analysis of the availability of facilities and services; The proposed amendment will
not adversely impact any level-of-service related facilities or services.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources;
The subject parcel is relatively level and consists of well-drained soils. There are no
natural or historical resources on-site.
3. An analysis of the minimum amount of land needed to achieve the goals and
requirements of the Comprehensive Plan; and The state does not want to see a City
approving large-scale residential amendments without data showing the need and ability
to accommodate the increased number of people.
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a
policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2).
As the proposed zoning district is limited to single-family construction, consistency with this
policy will result.
As spelled out in Sec. 110-35 of City Code, a rezoning request shall be reviewed against the
following standards (response in italics):
1. The proposed rezoning change is in compliance with all procedural requirements
established by the City Code and law; Yes, the proposed rezoning has been processed in
accordance with City and State requirements.
2. The proposed rezoning change is consistent with the city's comprehensive plan including,
but not limited to, the future land use map and the proposed change would not have an
adverse effect on the comprehensive plan; The request is consistent with the
Comprehensive Plan.
3. The proposed rezoning change is consistent with any master plan applicable to the
property; Not Applicable.
4. The proposed rezoning change is not contrary to the land use pattern established by the
City's comprehensive plan; The proposed rezoning would allow for a continuation of the
established land use pattern.
5. The proposed rezoning change would not create a spot zone prohibited by law; The
proposed zoning district is a continuation of the existing zoning in the immediate area.
6. The proposed rezoning change would not materially alter the population density pattern
in a manner that would overtax the load on public facilities and services such as schools,
City Council Meeting
Date: 1/15/2019
Item No. 3
Page 3 of 4
utilities, streets, and other municipal services and infrastructure; The proposed R-1
designation is the City's least intense residential district.
7. The proposed rezoning would not:result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding
area and the land use pattern established by the city's comprehensive plan; The proposed
R-1 designation is a continuation of the R-1 district, which lies immediately to the east
of the subject parcel.
8. Changed or changing conditions make the proposed rezoning necessary; As the Harbor
Heights subdivision has been built-out with residential uses, the rezoning from C-1 to R-
1 will remove a possible zoning conflict.
9. The proposed rezoning change will not seriously reduce light or air to adjacent areas;
The proposed rezoning would allow the construction of a single-family structure, which
would not seriously reduce light or air to adjacent areas.
10. Should the city be presented with competent substantial evidence indicating that property
values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values
in the surrounding area; Not Applicable.
11. The proposed rezoning will not be a substantial detriment to the future improvement or
development of vacant adjacent property; The proposed rezoning is a continuation of the
development trend in the area.
12. The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare; The proposed rezoning would allow for the
construction of a single-family home, a right enjoyed by other owners in the area.
13. The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city; The proposed rezoning would allow for a single-family
structure, which would be consistent with the immediate neighborhood.
14. The proposed rezoning does not violate any applicable land use regulations adopted by
the city.All City Code requirements will be implemented through the permitting process.
As indicated in this Staff report and analysis,the proposed Comprehensive'Plan amendment and
rezoning are consistent with applicable City and State standards. All required notice
requirements have been met.At its December 13,2018 Regular Meeting,the Planning&Zoning
Board unanimously recommended approval of Ordinance Nos. 01- and 02-2019 subject to the
City Council approving a Unity of Title to aggregate the three townhouse lots into a single
development parcel to construct a single-family home.
Submitting Department Director: David Dickey DD Date: 1-3-19
Attachments:
1. Location Map
2. Zoning &Future Land Use Map
3. Ordinance No. 01-2019
City Council Meeting
Date: 1/15/2019
Item No. 3
Page 4 of 4
4. Ordinance No. 02-2019
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/3/19
The City Manager recommends that City Council take the following actions:
1. Approve Ordinance No. 01-2019, on first reading, subject to the City Council
approving a Unity of Title to aggregate the three townhouse lots into a single
development parcel to construct a single-family home; and
2. Approve Ordinance No. 02-2019 on first reading.
Approved by City Manager: David L. Greene Date: 1/3/19
Attachment 1
Location Map
8811 Sea Shell Lane
Attachment 2
Zoning &Future Land Use Maps: C-1 designation
8811 Sea Shell Lane
Attachment 3
1 ORDINANCE NO. 01-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE
5 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND
6 USE MAP DESIGNATION OF CERTAIN REAL PROPERTY LOCATED
7 AT 8811 SEA SHELL LANE, AND MORE PARTICULARLY DEPICTED
8 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
9 HERETO, FROM "C-1 COMMERCIAL LOW DENSITY" TO "R-1
10 RESIDENTIAL LOW DENSITY"; PROVIDING FOR THE REPEAL OF
11 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
12 SEVRABILITY, INCORPORATION INTO THE COMPREHENSIVE
13 PLAN AND AN EFFECTIVE DATE.
14
15
16
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c),Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly
23 noticed public hearing on December 13, 2018, in accordance with the procedures in Chapter 163,
24 Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered
25 findings and advice of staff, citizens, and all interested parties submitting written and oral
26 comments and has recommended adoption to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting data
31 and analysis, and after complete deliberation,hereby approves and adopts the Comprehensive Plan
32 Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this
35 Ordinance is in the best interests of the public health, safety and welfare of the citizens of Cape
36 Canaveral.
37
38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
39 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
40
41
42 Section 1. Recitals. The foregoing recitals are true and correct and are fully
43 incorporated herein by this reference.
City of Cape Canaveral
Ordinance No.01-2019
Page 1 of 3
44
45 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
46 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
47
48 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
49 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
50 of the City of Cape Canaveral Comprehensive Plan.
51
52 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
53 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
54 the real property depicted on Exhibit "A" from "C-1 Commercial Low Density" to "R-1
55 Residential Low Density." Exhibit "A" is attached hereto and fully incorporated herein by this
56 reference.
57
58 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
59 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
60 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
61
62 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word
63 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
64 of competent jurisdiction, whether for substantive, procedural or any other reason, such portion
65 shall be deemed a separate, distinct and independent provision, and such holding shall not
66 affect the validity of the remaining portions of this Ordinance.
67
68 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of
69 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall
70 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or
71 paragraph number or letter and any heading may be changed or modified as necessary to
72 effectuate the foregoing.
73
74 Section 8. Effective Date and Legal Status of the Plan Amendment. The
75 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in
76 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30)
77 days after adoption of this Ordinance, then this Ordinance shall become effective at such
78 time as the State Land Planning Agency or the Administration Commission issues a final order
79 determining the adopted small scale Comprehensive Plan Amendment is in compliance.
80 No development orders, development permits or land use dependent on this Amendment
81 may be issued or commenced before it has become effective. After and from the effective
82 date of this Amendment, the Comprehensive Plan Amendment set forth herein shall
83 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and
84 the Amendments shall have the legal status of the City of Cape Canaveral Comprehensive Plan,
85 as amended.
86
[Adoption Page Follows]
City of Cape Canaveral
Ordinance No.01-2019
Page 2 of 3
87
88 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
89 , 2019.
90
91
92
93
94
95 Bob Hoog,Mayor
96
97
98
99
100
101 ATTEST: For Against
102
103 Mike Brown
104
105 Mia Goforth, CMC Robert Hoog
106 City Clerk
107 Wes Morrison
108 First Advertisement: December 3 2018
109 Rocky Randels
110 Planning& Zoning Board Hearing:
111 December 13, 2018 Angela Raymond
112 First Reading: January 15, 2019
113 Second Advertisement: 2019
114 Second Hearing: 2019
115
116 Approved as to legal form and sufficiency
117 for the City of Cape Canaveral only by:
118
119
120 Anthony A. Garganese, City Attorney
121
122
City of Cape Canaveral
Ordinance No.01-2019
Page 3 of 3
Ordinance No. 01-2019
Exhibit "A"
8811 Sea Shell Lane
Legal Description
Parcels: 24-37-14-32-*-1 & 24-37-14-32-*-2 &
24-37-14-32-*-3
Attachment 4
1 ORDINANCE NO. 02-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, FLORIDA, CHANGING THE
5 ZONING MAP DESIGNATION OF CERTAIN
6 REAL PROPERTY GENERALLY LOCATED AT 8811 SEA
7 SHELL LANE AND MORE PARTICULARLY DEPICTED
8 AND LEGALLY DESCRIBED ON EXHIBIT "A"
9 ATTACHED HERETO, FROM "C-1 LOW DENSITY
10 COMMERCIAL" TO "R-1 RESIDENTIAL LOW DENSITY";
11 PROVIDING FOR THE REPEAL OF PRIOR
12 INCONSISTENT ORDINANCES AND RESOLUTIONS,
13 SEVERABILITY AND AN EFFECTIVE DATE.
14
15
16
17
18 WHEREAS,the City Council is granted the authority,under Section 2(b),Article VIII, of
19 the State Constitution, to exercise any power for municipal purposes, except when expressly
20 prohibited by law; and
21
22 WHEREAS,the owner of the Property subject to this Ordinance submitted an application
23 seeking to construct a single family home on the subject property and seeks to have the Property
24 rezoned from C-1 Low Density Commercial to R-1 Residential Low Density to permit such
25 construction; and
26
27 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
28 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
29 and
30
31 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval
32 of this Ordinance at the December 13, 2018 Planning and Zoning Board meeting; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
35 hearing on the proposed zoning change set forth hereunder and considered findings and advice of
36 staff, citizens, and all interested parties submitting written and oral comments and supporting data
37 and analysis, and after complete deliberation,hereby finds the requested zoning change consistent
38 with a corresponding and simultaneous amendment to the City of Cape Canaveral Comprehensive
39 Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth
40 hereunder; and
41
42 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
City of Cape Canaveral
Ordinance No.02-2019
Page 1 of 3
1 government purpose and is in the best interests of the public health, safety, and welfare of the
2 citizens of Cape Canaveral, Florida.
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
6
7 Section 1. Recitals. The foregoing recitals are true and correct and are fully
8 incorporated herein by this reference.
9
10 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
11 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246,is hereby amended
12 to include a change of classification from "C-1 Low Density Commercial" to "R-1 Low Density
13 Residential" for the real property depicted and legally described on Exhibit"A" which is attached
14 and incorporated herein by this reference. City staff is hereby directed to promptly amend the
15 City's Official Zoning Map upon the effective date of this Ordinance.
16
17 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
18 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
19 the Official Records of Brevard County, Florida.
20
21 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
22 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
23 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
24
25 Section 5. Severability. If any section, subsection, sentence, clause,phrase,word or
26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
27 competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
28 be deemed a separate, distinct and independent provision, and such holding shall not affect the
29 validity of the remaining portions of this Ordinance.
30
31 Section 6. Effective Date. This ordinance shall become effective immediately
32 upon the effective date of Ordinance 01-2019 as adopted by the City Council of the City of
33 Cape Canaveral, Florida. If Ordinance 01-2019 does not become effective, then this Ordinance
34 shall become null and void.
35
36
37
38
39 [Adoption Page Follows]
40
41
42
City of Cape Canaveral
Ordinance No.02-2019
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2 , 2019.
3
4
5
6
7 Bob Hoog,Mayor
8
9
10
11
12
13
14 ATTEST: For Against
15
16 Mike Brown
17
18 Mia Goforth, CMC Robert Hoog
19 City Clerk
20 Wes Morrison
21 Planning and Zoning Board Hearing:
22 December 13 2018 Rocky Randels
23 First Hearing: January 15, 2019
24 Advertisement: 2019 Angela Raymond
25 Second Hearing: 2019
26
27
28
29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
31
32
33 Anthony A. Garganese, City Attorney
34
City of Cape Canaveral
Ordinance No.02-2019
Page 3 of 3
Ordinance No. 02-2019
Exhibit "A"
8811 Sea Shell Lane
Legal Description
Parcels: 24-37-14-32-*-1 & 24-37-14-32-*-2 &
24-37-14-32-*-3
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/15/2019
Item No. 4
Subject: Ordinance No. 05-2019; adopting the 2018 International Property Maintenance Code
as amended herein; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, first reading.
Department: Community Development
Summary: At its August 22,2018 Budget Workshop, City Council indicated interest in making
policy revisions to augment current code enforcement tools available to Staff, to include the
adoption of the most current edition of the International Property Maintenance Code (IPMC).
To this end, the City Attorney has prepared attached Ordinance No. 05-2019.
F.S. 163.3174 spells out responsibilities of the City's Planning&Zoning Board/Local Planning
Agency (P&Z) to include:
Review proposed land development regulations, land development codes, or
amendments thereto, and make recommendations to the governing body as to
the consistency of the proposal with the adopted comprehensive plan,or element
or portion thereof, when the local planning agency is serving as the land
development regulation commission or the local government requires review by
both the local planning agency and the land development regulation commission.
The City's Land Development Code is contained in Sections 82-115 of the City Code. As the
proposed revisions are to Section 82 of the City Code,they are subject to P&Z review as outlined
above.
The City is currently using the 1998 edition of the IPMC,which is no longer available on-line.
A new edition of the code is promulgated every 3 years. The latest edition came out in 2018
(Attachment 1)—making the City's regulations in excess of 20 years old.
The IPMC establishes minimum requirements for the maintenance of existing buildings through
model code regulations that contain clear and specific property maintenance and property
improvement provisions.The IPMC is intended to establish provisions that protect public health,
safety and welfare; that do not unnecessarily increase construction costs; that do not restrict the
use of new materials,products or methods of construction; and do not give preferential treatment
to particular types or classes of materials.
The following is a chapter-by-chapter synopsis of the scope and intent of the IPMC:
Chapter 1. Scope and Administration. Provisions for the application, enforcement and
administration of subsequent requirements of the code. In addition to establishing the scope of
the code, Chapter 1 identifies which buildings and structures come under its purview. Chapter
1 is largely concerned with maintaining "due process of law" in enforcing the property
maintenance criteria contained in the body of the code.
Chapter 2. Definitions. All terms defined in the code and listed alphabetically.
City Council Meeting
Date: 1/15/2019
Item No. 4
Page 2 of 3
Chapter 3. General Requirements. A variety of requirements for the exterior property areas as
well as interior and exterior elements of the structure. The requirements are intended to maintain
a minimum level of safety and sanitation for both the general public and the occupants of a
structure and to maintain a building's structural and weather-resistant performance. This chapter
provides specific criteria for regulating the installation and maintenance of specific building
components; maintenance requirements of vacant structures and land; requirements regulating
the safety, sanitation and appearance of the interior and exterior of structures and all exterior
property areas; accessory structures; vehicle storage and establishes who is responsible for
complying with the chapter's provisions. The chapter also contains the requirements for
maintaining swimming pools, spas and hot tubs and the requirements for protective barriers and
gates. The chapter establishes the responsible parties for exterminating insects and rodents and
maintaining sanitary conditions in all types of occupancies.
Chapter 4. Light,Ventilation and Occupancy Limitations. Sets forth minimum requirements for
occupiable and habitable buildings by establishing minimum criteria for light and ventilation
and identifying occupancy limitations including minimum room width and area, minimum
ceiling heights and restrictions to prevent overcrowding.
Chapter 5. Plumbing Facilities and Fixture Requirements. Establishes minimum criteria for the
installation, maintenance and location of plumbing systems and facilities, including the water
supply system, water heating appliances, sewage disposal systems and plumbing fixtures.
Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing
principles, including the provision of potable water to a building, providing the basic fixtures to
effectively utilize the water and properly remove waste from the building.
Chapter 6. Mechanical and Electrical Requirements. Establishes minimum performance
requirements for heating,electrical and mechanical facilities and establishes minimum standards
for the safety of these facilities. Specifically, this chapter addresses minimum criteria for the
installation and maintenance of: heating and air-conditioning equipment, appliances and their
supporting systems; water heating equipment, appliances and systems; cooking equipment and
appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and
components; fireplaces and solid fuel-burning appliances; chimneys and vents; electrical
services; lighting fixtures; electrical receptacle outlets; and electrical distribution system
equipment.
Chapter 7. Fire Safety Requirements. Addresses fire hazards that arise as the result of a
building's occupancy. It also provides minimum requirements for the safety issues that are most
likely to arise in older buildings.Further,it contains requirements for means of egress in existing
buildings,including path of travel,required egress width,means of egress doors and emergency
escape openings.
Chapter 8. Referenced Standards. A comprehensive list of all standards referenced in the code.
On June 21, 2005, Staff recommended City Council adopt the 2003 edition of the IPMC.
However, Council failed to take any action on the recommendation. On December 15,2009,the
City Council discussed updating the City's use of the 1989 edition to the 2009 code. At that
time, Council directed Staff to review the 2009 edition to ensure there were no conflicts with
City Council Meeting
Date: 1/15/2019
Item No. 4
Page 3 of 3
other City codes and to survey other Brevard cities' use of the IPMC. At its May 4, 2010
meeting, the Council directed the City Attorney to draft an ordinance to adopt the 2009 edition
of the IPMC. The Draft, which was completed the following month,never came back to Council
for consideration.
The City has local discretion to adopt all, none or parts of the IPMC. The IPMC is fully
compatible and consistent with the Florida Building Code and other International Codes. The
proposed Ordinance (Attachment 2) recommends several revisions to the IPMC template,
notably:
1. References to the Board of Appeals in the IPMC shall refer to and mean an appointed
special magistrate;
2. When there is a conflict between a general requirement and a specific requirement, the
specific requirement shall govern. Where differences between provisions of the IPMC
and referenced standards, the IPMC provisions shall apply;
3. Provisions of the IPMC shall not be construed to cancel, modify or set aside any
provision of the Florida Building Code,Florida Fire Prevention Code or other applicable
requirements of local, state or federal law;
4. The Community Development Department including , the Building and Code
Enforcement Divisions, and the Fire Marshall shall be responsible for enforcing the
IPMC;
5. Section 107.3,Method of Service, is replaced in its entirety as indicated in Paragraph (8)
of the proposed Ordinance; and
6. Establishes a fine of$500.00 for each day a person is in violation of a stop work order(
At its December 13, 2018 regular meeting, the Planning & Zoning Board recommended City
Council adopt the proposed Ordinance.
Submitting Department Director: David Dickey DD Date: 1-3-19
Attachments:
1. IPMC—2018 Edition
2. Ordinance No. 05-2019
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/3/19
The City Manager recommends that City Council take the following action: Approve
Ordinance No. 05-2019, first reading.
Approved by City Manager: David L. Greene Date: 1/3/19
Attachment 1
2 0 1 8
INTERNATIONAL CODES
IPMC
A Member of the International Code Family
INTERNATIONAL
PROPERTY MAINTENANCE CODE
To View the Entire Code, please visit: https://codes.iccsafe.org/content/IPMC2018P2
Attachment 2
1 ORDINANCE NO. 05-2019
2
3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
4 FLORIDA, ADOPTING THE 2018 INTERNATIONAL
5 PROPERTY MAINTENANCE CODE AS AMENDED
6 HEREIN; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS;
8 INCORPORATION INTO THE CODE; SEVERABILITY
9 AND AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
13 Constitution,to exercise any power for municipal purposes, except when expressly prohibited by
14 law; and
15
16 WHEREAS, this Ordinance is also adopted pursuant to the City's general police powers
17 inherent in enforcing minimum standards for the use and maintenance of buildings and property;
18 and
19
20 WHEREAS, there may exist within the City, from time to time, certain structures used
21 for human habitation which are, or may become in the future, substandard with respect to
22 structure, equipment or maintenance; and
23
24 WHEREAS, such conditions, together with inadequate provision for light and air,
25 insufficient protection against fire hazards, lack of proper heating, unsanitary conditions and
26 overcrowding constitute a menace to the health, safety, morals,welfare and reasonable comfort of
27 the citizens of Cape Canaveral; and
28
29 WHEREAS, the existence of such conditions will, if not remedied, create slum and
30 blighted areas which could require large-scale clearance, deterioration of social values, a
31 curtailment of investment and tax revenue and thereby an impairment upon economic values; and
32
33 WHEREAS, the City Council hereby finds that updating of the City's regulations
34 relating to the adoption of specific property maintenance standards will improve, preserve,
35 maintain, and upgrade the entire City and its neighborhoods to the overall benefit of the City's
36 economic and environmental well-being; and
37
38 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
39 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
40 Canaveral.
41
42 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
43 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
44
45 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
City of Cape Canaveral
Ordinance No.05-2019
Page 1 of 7
1 reference as legislative findings of the City Council of Cape Canaveral.
2
3 Section 2. Code Amendment. The City of Cape Canaveral Code Article IX is
4 hereby amended to include the 2018 International Property Maintenance Code as follows
5 (underlined type indicates additions to the Code):
6
7 Article IX. International Property Maintenance Code.
8
9 Sec. 82-221. International Property Maintenance Code adopted.
10
11 The International Property Maintenance Code, 1998 2018 edition, as published by the
12 International Code Council (hereinafter referred to as the "IPMC" or this "code"), is hereby
13 adopted by reference and incorporated herein as if fully set out. Section 101.1 of the IPMC is
14 amended to state that Section 82.221 of the City Code shall be known as the"International Property
15 Maintenance Code of the City of Cape Canaveral, Florida."
16
17 02) One or more special magistrates appointed by the city council or city manager shall be
18 authorized to hear and decide appeals pursuant to the section 111 of the IPMC. Appeal hearings
19 shall be publicly noticed and held within 30 days of filing an appeal or at such other time required
20 by the city manager in order to afford due process. Special magistrates shall be members of the
21 Florida Bar in good standing for five or more years. Special magistrates must demonstrate
22 satisfactory knowledge of municipal law and the general procedures for enforcement of municipal
23 codes, and must demonstrate a temperament suitable for the exercise of quasi-judicial powers
24 vested in each special magistrate. Special magistrates shall have also have the power to adopt
25 rules for the conduct of hearings; subpoena alleged violators and witnesses for hearings and said
26 subpoenas shall be served by the county sheriff, a process server, or the city staff; subpoena
27 evidence deemed relevant to hearings; take testimony under oath; assess and order the payment of
28 civil penalties as provided under this code; issue orders having the force of law to command
29 whatever steps are necessary to bring a violation into compliance. Special magistrates shall not be
30 city employees or officers. The city manager shall be responsible for negotiating and executing
31 a contract on behalf of the city with the special magistrate and the special magistrate may be
32 compensated at a rate to be agreed upon in the contract. The contract will be in a form prepared
33 and approved by the City Attorney.
34 _The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance
35 Board of Adjustment and Appeals for this article.
36
37 (c) The following sections of the IPMC are hereby revised or deleted as follows:
38
39 (1) That references to the board of appeals in the IPMC shall refer to and mean the special
40 magistrate appointed pursuant to subsection (b). A special magistrate shall not hear an appeal in
41 which that magistrate has a personal,professional or financial interest or conflict. The city manager
42 shall designate a qualified person to serve as secretary to the special magistrate. The secretary
43 shall provide administrative assistance for, and maintain a detailed record of, all proceedings of
44 the special magistrate. Further, sections 111.2, 111.2.1, 111.2.2, 111.2.5 and 111.3 of the IPMC
City of Cape Canaveral
Ordinance No.05-2019
Page 2 of 7
1 are hereby deleted.
2
3 (2) Section 102.1, entitled General, is hereby replaced in its entirety as follows:
4
5 Where there is a conflict between a general requirement and a specific requirement, the specific
6 requirement shall govern. Where differences occur between provisions of this code and the
7 referenced standards, the provisions of this code shall apply. Where, in a specific case, different
8 sections of this code specify different requirements or specify different requirements set forth in
9 other applicable provisions of the city code, the most restrictive requirement shall govern.
10
11 (3) Section 102.3, entitled Application of other codes, is hereby replaced in its entirety as
12 follows:
13
14 Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
15 accordance with the procedures and provisions of the City Code, Florida Building Code, Florida
16 Fire Prevention Code and other codes adopted by the city, and such codes shall apply, when
17 deemed applicable by the code official, in lieu of any international or national code referenced in
18 the IPMC. Nothing in this code shall be construed to cancel, modify or set aside any provision of
19 the Florida Building Code, Florida Fire Prevention Code or other applicable requirements of local,
20 state or federal law. Where terms are not defined in this code and are defined in said other codes,
21 such terms shall have the meanings ascribed to them as stated in those codes. In addition, the
22 code officials are hereby also authorized to rely upon commonly accepted industry standards
23 promulgated by other professional organizations that are used to provide requirements for
24 materials and methods of construction provided such standards do not conflict with or are
25 prohibited by local, state or federal law.
26
27 (4) Section 102.7, entitled Referenced codes and standards, is hereby deleted in its entirety.
28 Further, Chapter 8 is hereby deleted in its entirety.
29
30 (5) That Sections 103.1, 103.2, 103.3, and 103.5 are hereby deleted. The community
31 development department including the building division and code enforcement division and fire
32 marshal shall be responsible for enforcing this code under the general supervision of the city
33 manager. The community development director,building official, fire marshal,code enforcement
34 officers and such other qualified persons appointed by the city manager shall be deemed code
35 officials under the IPMC.
36
37 (6) That the last sentence in Section 104.3, entitled Right of entry, is hereby revised to read as
38 follows: "If entry is refused or not obtained,the code official shall have recourse to the remedies
39 provided by law to secure entry."
40
41 (7) That Section 106.1, entitled Unlawfil acts, is hereby replaced in its entirety with the
42 following:
43
44 It shall be unlawful for any person, corporation, or other entity to be in violation of any provision
45 of this IPMC. Violations shall constitute a public nuisance and shall be deemed a strict liability
City of Cape Canaveral
Ordinance No.05-2019
Page 3 of 7
1 offense.
2
3 (8) That Section 107.3, entitled Method of service, is hereby replaced in its entirety with the
4 following:
5
6 All notices required in the IPMC shall be provided to the alleged violator by certified mail, return
7 receipt requested; by hand delivery by the sheriff or law enforcement officer of the city, code
8 official, or other person designated by the city manager; or by leaving the notice at the violator's
9 usual place of residence with any person residing therein who is above 15 years of age and
10 informing such person of the contents of the notice. In the case of commercial premises, leaving
11 the notice with the manager or other person in charge.
12
13 In addition to providing notice as set forth above, at the option of the special magistrate or the code
14 official, notice may also be served by publication or posting as follows:
15
16 1. Such notice shall be published once during each week for four consecutive weeks, with
17 four publications being sufficient, in a newspaper of general circulation in the city. The
18 newspaper shall meet such requirements as are prescribed under Chapter 50, Florida
19 Statutes, for legal and official advertisements.
20
21 2. Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida
22 Statutes.
23
24 3. In lieu of publication as described in subsection 1. above, such notice may be posted
25 for at least ten days in at least two locations, one of which shall be the property upon which
26 the violation is alleged to exist and the other of which shall be at city hall. Proof of posting
27 shall be by affidavit of the person posting the notice, which affidavit shall include a copy
28 of the notice posted and the date and places of its posting.
29
30 4. Notice by publication or posting may run concurrently with, or may follow, an attempt
31 to provide notice by hand delivery or by mail as required under this subsection.
32
33 5. Evidence that an attempt has been made to hand deliver or mail notice as provided in
34 this subsection together with proof of publication or posting as provided in this subsection
35 shall be sufficient to show that the notice requirement, of this part has been met, without
36 regard to whether or not the alleged violator actually received the notice.
37
38 (9) That Section 109.5, entitled Cost of Emergency Repairs, is hereby replaced in its entirety
39 with the following:
40
41 109.5 Cost of Emergency and other Repairs. The city manager is authorized to expend funds in
42 the performance of emergency repairs and other remedial work required of the city under this code.
43 If emergency repairs or other remedial work is performed by the city, any expenses incurred by
44 the city to make said repairs or perform such work including, but not limited to, contractor and
45 material costs, administrative overhead, attorney's fees, and other related costs shall be subject to
City of Cape Canaveral
Ordinance No.05-2019
Page 4 of 7
1 reimbursement from the property owner or the person creating the need for the emergency repair
2 or remedial work and the cost incurred by the City may be recovered and the city may impose a
3 lien upon said property for said costs. The lien shall be superior to all other liens or
4 encumbrances, including prior recorded mortgages or judgments and only inferior to liens for
5 taxes. In the event the owner or person creating the need for emergency repairs, fails and refuses
6 to pay or reimburse the City for the costs, then in that event, the City is authorized to foreclose
7 said lien in accordance with the provisions as provided for by law for foreclosure of municipal
8 liens, and the City may recover its reasonable attorney's fees and costs.
9
10 (10) That Section 110.3, entitled Failure to Comply, is hereby replaced in its entirety with the
11 following:
12
13 110.3 Failure to Comply. If the owner of a premises fails to comply with a demolition order
14 within the time prescribed, the code official shall cause the structure to be demolished and
15 removed, either through an available public agency or through contract, or arrangement with
16 private persons, and the cost of such demolition and removal shall be charged against the real
17 estate from which the structure is located and a lien shall be imposed against said property. The
18 lien shall be superior to all other liens or encumbrances, including prior recorded mortgages or
19 judgments and only inferior to liens for taxes. In the event the City finds it necessary to foreclose
20 said lien, the City is entitled to recover its reasonable attorney's fees and costs for foreclosing said
21 lien and the foreclosure procedure shall be as authorized by law for foreclosure of municipal liens
22
23 (11) That Section 112.4 is revised to require a fine of $500.00 for each day that a person is in
24 violation of a stop work order.
25
26 (12) That Section 201.3 is hereby deleted in its entirety.
27
28 (13) That Section 303.2, entitled Enclosures, is hereby replaced in its entirety with the
29 following:
30
31 Private swimming pools, hot tubs, and spas shall be enclosed in accordance with chapter 515,
32 Florida Statutes, and the Florida Building Code.
33
34 (14) That Section 302.4 weeds is hereby revised to insert in excess of twelve (12) inches.
35 Further,the noxious weeds shall include all plants which are strictly prohibited by Section 102.53
36 of the City Code.
37
38 (15) That Section 304.14 is hereby revised to delete the preface in the first sentence, "During
39 the period from [Date] to [Date],"
40
41 (16) That Sections 602.3 and 602.4 are hereby revised to insert heat supply during the period
42 from November 30th to March 30th
43
44 (17) That Section 606.1 is hereby replaced in its entirety with the following:
45
City of Cape Canaveral
Ordinance No.05-2019
Page 5 of 7
1 Elevators, dumbwaiters and escalators shall be maintained in compliance with the Florida Building
2 Code. The most current certificate of inspection shall be on display at all times within the elevator
3 or attached to the escalator or dumbwaiters, be available for public inspection in the office of the
4 building operator or be posted in a publicly conspicuous location approved by the code official.
5 The inspection and tests shall be performed at not less than the periodic intervals listed in the
6 Florida Building Code and Chapter 399, Florida Statutes.
7
8 (d) Nothing contained in this section shall prohibit the city from enforcing its code by any
9 other means including, but not limited to, a summons, an arrest, a notice to appear, civil action for
10 injunctive relief, a stop work order or demolition. The enforcement procedures outlined in this
11 section are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the
12 enforcement of any section of the IPMC.
13
14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
16 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
17
18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical
21 and like errors may be corrected and additions, alterations and omissions, not affecting the
22 construction or meaning of this Ordinance and the City Code may be freely made.
23
24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
25 provision of this ordinance is for any reason held invalid or unconstitutional by any court of
26 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
27 be deemed a separate, distinct and independent provision, and such holding shall not affect the
28 validity of the remaining portions of this ordinance.
29
30 Section 6. Effective Date. This Ordinance shall become effective immediately
31 upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
32 Charter.
33
34
35
36
37
38 [Adoption page follows]
39
40
41
42
43
44
45
City of Cape Canaveral
Ordinance No.05-2019
Page 6 of 7
1
2
3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
4 meeting assembled on the day of , 2019.
5
6
7
8
9 Bob Hoog,Mayor
10
11 ATTEST: For Against
12
13 Mike Brown
14
15 Mia Goforth, CMC Robert Hoog
16 City Clerk
17 Wes Morrison
18
19 First Hearing: January 15, 2018 Rocky Randels
20 Advertisement:
21 Second Hearing: Angela Raymond
22
23 Approved as to legal form and sufficiency
24 for the City of Cape Canaveral only by:
25
26
27 Anthony A. Garganese, City Attorney
28
City of Cape Canaveral
Ordinance No.05-2019
Page 7 of 7