HomeMy WebLinkAboutAgenda Packet 02-19-2013 (OCR)CE
tutttttttanitill'"1"th
41111111111111
,,,,timmEtwattd t
t "
q?????Ml
trthttql '
((rev
11111111111
CITY OF
CAPE CANAVERAL
C ty of Case Canaveral
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
Tuesday
February 19, 2013
6:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS / INTERVIEWS:
interview applicant Maureen Michel for appointment to the Culture and Leisure
Services Board,
REPORT:
6:10 p.m. — 6:15 p.m.
City Attorney
AUDIENCE TO BE HEARD:
615 p.m. — 6:30 p.m.
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience to Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future,
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
1, Approve Minutes for City Councii Meeting of January 15, 2013.
2. Approve the Interlocal Agreement with respect to voting representation on
the Space Coast Transportation Planning Organization (TPO) between the
City of Cocoa Beach and the City of Cape Canaveral.
10.5 Polk Avenue • Post Office Box 326 • C'ape ( 'on'averal., 171„, 32920-0326
Telephone (321) M.)ti-1221) • klx:1321) ()S-1248
WV w.x1 0,10 Icapccanavera1.org °eni i 1 1lo4./...cityolcapecanaveral..org
1111111111111111
City of Cape Canaveral, Florida
City Council Meeting
February 19, 2013
Page 2 of 3
3. Resolution No. 2013-03; appointing a member to the Culture and Leisure
Services Board of the City of Cape Canaveral, Florida; providing for an
• effective date. (Maureen Michel)
4. Resolution No. 2013-04; amending Resolution No. 2012-27, which
committed local financial support to the Qualified Targeted Industry Tax
Refund Program pursuant to Section 288.106, Florida Statutes, for L-3
IEC, as a Target Industry Business; providing for repeal of prior,
inconsistent resolutions, severability, and an effective date.
5. Resolution No. 2013-05; designating the Cape Canaveral Planning and
Zoning Board as the Cape Canaveral Economic Enhancement District
("CCEED") Brownfield Advisory Committee; providing for the repeal of
prior inconsistent resolutions; severability; and an effective date.
6. Grant a Waiver of Landscape Requirements at the New Fire Station.
PUBLIC HEARING:
6:35p.m. — 7:15 p.m.
7a. Ordinance No. 01-2013; relating to the State Revolving Fund Program;
pursuant to Section 2.12(5) of the City Charter authorizing one or more
loan applications to be filed with the State of 'Florida Department of
Environmental Protection in a total amount not to exceed eight million
dollars for purposes of funding certain wastewater and stormwater
improvement projects; authorizing the loan agreement(s); establishing
pledged revenues; designating authorized representatives; providing
assurances; providing for the repeal of prior inconsistent ordinances and
resolutions, severability and an effective date; second reading.
7b. Resolution No. 2013-02; adopting the City of Cape Canaveral, Florida
Wastewater and Stormwater Facilities Plan 2013-2033; authorizing the
submittal of the Plan to the Florida Department of Environmental
Protection; providing for the repeal of prior inconsistent resolutions,
severability, and an effective date.
8. Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances related to commercial parking facilities in
the Al A Economic Opportunity Overlay District; providing for the repeal of
prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading.
"1;14
City of Cape Canaveral, Florida
11'111.11111111
11
City Council Meeting
February 19, 2013
1111,1, Page 3 of 3
,1111„
9. Ordinance No. 04-2013; amending the definition of "height of building" set
forth in Section 110-1 of the Cape Canaveral Code of Ordinances;
providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first
reading.
10. Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of
Ordinances related to outside storage, providing for a definition; repealing
the special exception in the C-1 and C-2 Zoning Districts for the
commercial establishments for the storage or parking of recreational
vehicles, trailers and trailerable items; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code;
severability and an effective date, first reading.
REPORTS:
7:15 p.m. — 7:30 p.m.
11. Council.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed
by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The
facility is accessible to the physically handicapped, Persons with disabilities needing assistance to participate in
the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the
meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/1912013
Presentations/Interviews
Subject: Interview applicant Maureen Michel for appointment to the Culture and
Leisure Services Board.
Department: Leisure Services
Summary: On January 22, 2013, the Culture and Leisure Services Board interviewed
applicant Maureen Michel to fill the remaining vacancy. By unanimous vote, the Board
recommended City Council appoint her to the Board.
Ms. Michel has been a Cape Canaveral resident for 25 years. She has experience
coaching and refereeing basketball at various levels, as well as playing golf, organizing
golf tournaments/fundraisers. She would like to serve the City and believes her
experience will be an asset to the Board.
Per City Code Sec. 2-171(0), after interview and recommendation by the Board,
applicants are to be interviewed by the Council prior to making an appointment.
Submitting Department Director: Angela Apperson Date: 1/30/2013
Attachments: Board Application and Culture and Leisure Services Board Member
Recommendations.
Financial Impact: Staff time to prepare appropriate paperwork.
Reviewed by Finance Director: John McGinnis Date:
The City Manager recommends that City Council tak the following a
Interview Maureen Michel.
".)
tion(s):
Approved by City Manager: David L. Greene1,..911-4- Date: 2 br/
City Council Action: [ 1 Approved as Recommended [ 1 Disapproved
[ ] Approved with Modifications
[ I Tabled to Time Certain
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
Cay Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:
2. Home Address: ef),,4), 'Ytel.."'",e.L,(1.1
Home and Cellular Telephone: 3,;7 - 53-1)4k
4. Occupation:
5. Business Telephone:
6. Business Address:
7. E -Mail:
B. ELIGIBIUTY
6? 7::).
0 411(-) 1LYiL
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
4b. If yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
la. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
initials
(Y) (N)
(Y)
1. Briefly state your interest in serving on a City advisory board or committee:
.).r1,181.1. 0h.......
J
LA.4_11„.,q_. 6.z..e..)4.2,c-421' crysze.L.„... ael(--i‘ .-k-e3 an, n c.77.)
VVI. .....+0 vo 1 it_.,:y- \ ,4;. 42.r.-
2. In numenca sequence CI = most interested), please rank l which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
c. Code Enforcement Board*
d. Community Appearance Board*
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
1. Other:
*Member of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian -American Female
Hispanic -American Not Known
Native -American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
-EST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
* Appointment to any City board is subject to City Council approval following a brief Interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature:
Please return to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
-Date application received:
:Date Appointed:
;Appointed by:
Board Appointed to:.
'--Term Expires:
Date: q':-.7.25
Page 3 of 3
City of Cape Canaveral
P.O. Box 326
Cape Canaveral., FL 32920
321-868-1226
e
To: Cape Canaveral City.Couricil
From: Fran Norman, Administrative Assistant
Through: Gene Petre, Chairperson
Culture and Leisure Services Board
cc:
Date: January 22, 2013
Re: Culture and Leisure Services rd Member Recommendations
L.C1S111-4.: )LI\
Angela Apperson, Interim Leisure Services Director
On January 22, 2013, the Culture and Leisure Services Board interviewed a potential
new Board Member, Maureen Michel. By unanimous vote, the Board recommended
the City Council appoint her to the 1: oard.
1
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 15, 2013
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:05 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Planning & Zoning Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Brevard County Sheriff Lieutenant
Cape Canaveral Volunteer Fire Dept. Assistant Chief
PRESENTATIONS / INTERVIEWS:
David L. Greene
Anthony Garganese
Angela Apperson
John McGinnis
Todd Morley
Barry Brown
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
Paul Ring
John Cunningham
Proclamation designating January 2013 as National Human Trafficking Awareness Month:
Mayor Randels read the Proclamation into the record and explained Governor Scott's
request to join together to bring awareness to this crime.
Key to the City Plaque — Brevard County Sheriffs Office Commander Alan Moros: Mayor
Randels read a synopsis of Commander Moros' career to date and presented a Key to
the City Plaque. Commander Moros expressed his appreciation for the City Council,
Staff and the Cape Canaveral Volunteer Fire Department. He shared memories of his
City of Cape Canaveral, Florida
City Council Regular Meeting
January 15, 2013
Page 2 of 5
service to the City and work with the Police Athletic League. Mayor Randels noted the
positive impact the Youth Center has made to the community.
CITY ATTORNEY'S REPORT: None
AUDIENCE TO BE HEARD:
Joyce Hamilton spoke about a movement led by realtors to improve the entrance to the
City via the Beachline. She encouraged the City Council to wofk Vwith Port Canaveral to
improve the area. .
Jay Airis hoped for an exercise circuit at Canaveral Cty Park n ':He urged for ease of
maintenance to be considered when selecting the equipment eresident of Casa
Canaveral Condo Association, he raised objection to -the use of "Ossa. Canaveral" for
the Assisted Living Facility as it may pose a problem/confusion during an emergency.
/
CONSENT AGENDA:
Mayor Randels inquired if any items -are to be removed from the Consent Agenda for
discussion. Council Member Walsh requested removal of item two.
1. Approve Minutes for Citv CouncilNMeetinq;,of,Decembeti 8, 2012:
2. Ratify changes to ::the: -Agreement between the 'City of Cape Canaveral and the
International Union of Operating°.Enaineers.•'Local 673 (AFL-CIO):
A motion was mace. by Council MemberuHoog, seconded by Council Member
Petsos, to approve the\minutes of Decem'ber 18th. The motion carried 5-0 with
voting as, _ ' , s Mayor'Pro Tem �Bond :'For, Council Member Hoog, For; Council
Member. P`etsos, F`or Mayor>Randels, For; and Council Member Walsh, For.
#2 \Jtem was di "cussed.:) It was noted the entire contract will be open for
negotiatio a3ht,s year. A n p1ion was made by Council Member Petsos, seconded by
Council Merit* Walsh, to approve item number two of the Consent Agenda. The
motion carried 50 with/voting as follows: Mayor Pro Tem Bond, For; Council
Member Hoog, 'For;_,_.Council Member Petsos, For; Mayor Randels, For; and
Council Member WOO, For.
PUBLIC HEARING:
3. Ordinance No. 01-2013: relating to the State Revolving Fund Program: pursuant
to Section 2.12(5) of the City Charter authorizina one or more loan applications to be
filed with the State of Florida Department of Environmental Protection in a total amount
not to exceed eight million dollars for purposes of funding certain wastewater and
stormwater improvement protects: authorizina the loan aareement(s): establishing
City of Cape Canaveral, Florida
City Council Regular Meeting
January 15, 2013
Page 3 of 5
pledged revenues: designating authorized representatives: providing assurances;
providing for the repeal of prior inconsistent ordinances and resolutions, severabilitv and
an effective date: first reading: Attorney Garganese read the Ordinance title into the
record and explained the Charter requirement for same. Mayor Randels explained the
history of the Wastewater Treatment Plant financing and it's 2016/17 payoff. A motion
was made by Council Member Hoog, seconded by Mayor Pro Tem Bond, to adopt
Ordinance No. 01-2013. The Public Hearing was opened. Jay Airis and Patricia
Dugan asked questions to which various individuals replied. T,,he Public Hearing was
closed. Discussion ensued and included, the authority milted, by Section 8, the
existing debt and prior deferred maintenance/upgrades. The::motion carried 5-0 with
voting as follows: Mayor Pro Tem Bond, For; Council/Mem'ber Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council MemIer, Walsh, For.
4. Ordinance No. 02-2013: amending Chapter 110, Zoning: sof the Code of
Ordinances, to repeal the Special Exception .in the C-1 and C-2 Zoning Districts for
Commercial Establishments for the storaae_or.parkina of recreational vhdes, trailers
and trailerable items: amending the M-1 Zoning. District regulations to smake outside
storage a Principal Use; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severabilitv and an effective date, first reading:
Attorney Garganese read the Ordinance title into the 'record. Planning and Zoning
Director Brown reviewed the steps taken whichled to the development of the Ordinance
and recommended the Ordinance be returned to the. P & Z Board for study of uses for
"Outside Storage", which may require additional. screening requirements. Discussion
ensued and included:. the_ need for a definition of Outside Storage"; concerns over
"Outside Storage" abutting a .residential area; the need for additional screening when
abutting a residential property, but not another property Zoned M1; and sending the
Ordinance back to the. Planning and Zoning Board to be reworked prior to taking any
action. The Public Hearing was opened. Attorney Garganese responded to Joyce
Hamilton's�uest♦ons. The Public Hearing was closed. Discussion resumed and
included bufferingyreq:uirements; prohibiting "Outside Storage" as a principal use in the
M1 coning District; '4the correlation between the enhanced landscape/buffering
reg6irene:nts of the Overlay District and the Zoning Code/underlying Zoning of the
ro ert
p p y; ald. ;the need fQ:r "Way Finding" signs for certain items. Consensus was
reached to send the Ordinance back to the Planning and Zoning Board for further
study.
5. Ordinance No: '03-2013: amending Chapter 110. Zoning. of the Cape Canaveral
Code of Ordinances related to Commercial Parking Facilities in the AIA Economic
Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances
and resolutions: incorporation into the Code: severability; and an effective date. first
reading: Attorney Garganese read the Ordinance title into the record. Planning and
Zoning Director Brown explained the history of Commercial Parking Facilities; the prior
designation for this use as a special exception; the recommendation of the Planning and
Zoning Board and the need for the Board to further consider screening by a fence, wall
and/or landscaping. Discussion ensued and included whether the Ordinance could be
City of Cape Canaveral, Florida
City Council Regular Meeting
January 15, 2013
Page 4 of 5
adopted on first reading, amended to require screening and return for second reading.
Consensus was reached to return the Ordinance to the Planning and Zoning
Board for further study. Bob Bauger's objection to the elimination of an existing
accessory use, which would make current businesses non -conforming, was discussed
at length.
ITEMS FOR ACTION:
6. Resolution No. 2013-01; adopting a revised Investment Policy pursuant to
Section 218.415. Florida Statutes: providing for the repeal of prior inconsistent
resolutions and written Investment Policies. severability; andan:effective date: Attorney
Garganese read the Resolution title into the record and `explairiecisame. A motion was
made by Council Member Petsos, seconded: by `CouncikMember Walsh for
approval of Resoution 2013-01. The motion. carried 5-0 with voting as follows:
Mayor Pro Tem Bond, For; Council Member Hoog, For; Council ember Petsos,
For; Mayor Randels, For; and Council Member Walsh,;For.
7. Commercial parking and code -related parking surface requirements: No action
was taken. It was noted, that as a part of the upcoming budget, paved surfaces at
Manatee Sanctuary and Banana River Parks would be 'needed, as well as addressing
overflow parking for special events. Joyce Hamilton encouraged amending the Code to
allow for "millings" as an approved surface.
REPORTS:
8. Council
Mayor Pro Tem Bond encouraged more people to attend the meetings and welcomed
Major DeMoiat._;
Council Member Walsh welcomed back Major DeMorat and noted low attendance
usuallysignifies the Council/City is doing a great job.
Council Member. Petsos welcomed Major DeMorat back to the City and noted the Sea
Oats Planting Pro ject on February 9th at Cherie Down Park. He indicated after this year,
approximately 740_00 plants will have been added.
Council Member Hoog welcomed Major DeMorat, noted the installation of Council
Member Walsh as the First Vice President for the Space Coast League of Cities and
requested the addition of a microphone for the City Clerk.
Mayor Randels recognized the Cape Canaveral Volunteer Fire Department for their great
work and noted the assistance provided to his neighbor.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 15, 2013
Page 5 of 5
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:59 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No. ;Is
Subject: Approve the Interlocal Agreement with respect to voting representation on
the Space Coast Transportation Planning Organization (TPO) between the City of
Cocoa Beach and the City of Cape Canaveral.
Department: Legislative
Summary: The Space Coast Transportation Planning Organization (TPO) is a
metropolitan planning organization established under Section 339.175, Honda Statutes,
to coordinate transportation planning and finance throughout Brevard County. In 2006,
the City of Cape Canaveral and the City of Cocoa Beach entered into an Interlocal
Agreement with the Brevard County Metropolitan Planning Organization (BMPO) to
form the "North Beaches Coalition", which allows the sharing of the voting delegate seat
to the BMPO Governing Board. In 2008, the BMPO changed its name to the Space
Coast Transportation Planning Organization (TPO). It is the desire of Cocoa Beach and
Cape Canaveral to provide a methodology by which the two municipalities may share
the aforesaid single voting delegate seat on the TPO Governing Board and pursuant to
this Agreement, the parties have provided for an arrangement by which the voting
delegate on the Board will be rotated between Cocoa Beach and Cape Canaveral on a
scheduled basis:
Appointment of Voting Delegate. The single voting delegate holding the North
Beaches Coalition seat on the TPO and representing the collective interests of
Cocoa Beach and Cape Canaveral is hereby designated by the governing body of
each respective municipality according to the following schedule:
Designating Party Calendar Years for Designation
Cocoa Beach 2013, 2016 & 2017, 2020 & 2021
Cape Canaveral 2014 & 2015, 2018 & 2019, 2022
As a matter of information, "North Beaches Coalition" Voting Delegate for 2012 & 2013
is Cocoa Beach Commissioner Skip Williams and the Alternate is Cape Canaveral
Mayor Rocky Randels. The City of Cocoa Beach approved the Agreement at its
January 3, 2013 meeting. The Agreement was prepared by Paul R. Gougleman, Ill,
General Counsel, SCTPO.
Submitting Department Director: Angela Apperson A(k Date:
Attachment: Agreement
Financial Impact: The cost of preparation of agenda item.
Reviewed by Finance Director: John McGinnis Date:
City Council Meeting Date: 02/19/2013
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve the Interlocal Agreement with respect to voting representation on the Space
Coast Transportation Planning Organization (TPO) between the City of Cocoa Beach
and the City of Cape Canaveral.
Approved by City Manager: David L. Greene 0 Date: a /5/(3
City Council Action: [ ] Approved as Recommended [] Disapproved
[ ] Approved with Modifications [ ] Tabled to Time
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, General Counsel
Space Coast Transportation Planning Organization
2220 Front Street - Suite 204
Melbourne, FL 32901
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION
THIS AGREEMENT is made and entered into as of the day of
, 201, by and between the CITY OF COCOA BEACH,
Florida, a Florida Municipal Corporation (herein: "Cocoa Beach"),
and the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal
Corporation (herein: "Cape Canaveral").
WITNESSETH:
WHEREAS, the Space Coast Transportation Planning
Organization, f/k/a the Brevard County Metropolitan Planning
Organization (herein: the "TP0") is a metropolitan planning
organization established under Section 339.175, Florida Statutes,
to coordinate transportation planning and finance throughout
Brevard County;•
WHEREAS, during the 1990s and the first decade in the 21st
Century, Cocoa Beach was accorded a single voting delegate seat on
the TPO Governing Board;
WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral
to provide a methodology by which the two municipalities may share
the aforesaid single voting delegate seat on the TPO Governing
Board;
WHEREAS, the authority to undertake sharing of a delegate
seat on the TPO Governing Board is provided in Section
339.175(3)(a), Florida Statutes (2012), which states in pertinent
part:
(a) The voting membership of an M.P.O. shall
consist of not fewer than 5 or more than 19
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
1
apportioned members, the exact number to be
determined on an equitable geographic -
population ratio basis by the Governor, based
on an agreement among the affected units of
general-purpose local government as required
by federal rules and regulations. The
Governor, in accordance with 23 U.S.C. s.
134, may also provide for M.P.O. members who
represent municipalities to alternate with
representatives from other municipalities
within the metropolitan planning area that do
not have members on the M.P.O. . . . All
voting members shall be elected officials of
general-purpose governments, except that an
M.P.O. may include, as part of its
apportioned voting members, a member of a
statutorily authorized planning board, an
official of an agency that operates or
administers a major mode of transportation,
or an official of the Florida Space
Authority. . . .;
WHEREAS, the undersigned parties for the purposes of this
Agreement, and for the purpose of reference by the TPO, have
designated the arrangement provided for herein to be informally
and colloquially referred to as the "North Beaches Coalition";
WHEREAS, this Agreement is entered as an interlocal agreement
pursuant to Section 163.01, Florida Statutes (2012), and is also
entered into pursuant to the home rule power of each of the
municipalities as provided in Section 166.021, Florida Statutes,
and Article VIII, Section 2, Florida Constitution of 1968;
WHEREAS, pursuant to this Agreement, the parties have
provided for an arrangement by which the voting delegate on the
TPO Governing Board will be rotated between Cocoa Beach and Cape
Canaveral on a scheduled basis;
WHEREAS, the parties have further agreed to establish an
organized method to provide joint instructions to their single
voting delegate to the TPO;
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
2
WHEREAS, by its language, this Agreement will expire on
December 31, 2022, but may be extended from time to time;
WHEREAS, this Agreement was approved on , 2013,
by the Cocoa Beach City Commission; and
WHEREAS, this Agreement was approved on , 2013,
by the Cape Canaveral City Council;
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, it is agreed by the Parties that:
1. Recitals. Each and all of the recitals above be and the
same are hereby incorporated herein and declared to be true and
correct.
2. Appointment of Voting Delegate. The single voting
delegate holding the North Beaches Coalition seat on the TPO and
representing the collective interests of Cocoa Beach and Cape
Canaveral is hereby designated by the governing body of each
respective municipality according to the following schedule:
Designating Party Calendar Years for Designation
Cocoa Beach 2013, 2016 & 2017, 2020 & 2021
Cape Canaveral 2014 & 2015, 2018 & 2019, 2022
In the event that any party to this Agreement fails to designate
the actual elected official who serves as North Beaches Coalition
delegate to the TPO at or prior to the commencement of the two-
year term for that voting delegate set forth in the preceding
table, the voting delegate designated for the immediate prior two-
year term will continue as such voting delegate until such time as
said delegate's successor has been designated.
3. Powers and Duties of Voting Delegate.
(a) The person designated as the voting delegate for the
North Beaches Coalition seat on the TPO in accordance with the
terms of the preceding paragraph of this agreement need not
reside within the corporate limits of the designating
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
3
municipality, but must be an elected official of either Cape
Canaveral or Cocoa Beach.
(b) The party municipality that is a party to this
Agreement who has the power to designate a voting
representative during any two -calendar year period also must
designate an alternate voting representative. The person
designated as the alternate voting delegate for the North
Beaches Coalition seat on the TPO in accordance with the terms
of this Agreement need not reside within the corporate limits
of the designating municipality, but must be an elected
official of either Cape Canaveral or Cocoa Beach.
(c) During each two-year term set forth in herein, the
voting delegate and the alternate voting delegate will serve at
the pleasure of the designating municipality, which
municipality has the power to rescind any such designation and
to name any other elected official of one of the two
municipalities as the voting delegate or alternate voting
delegate for the North Beaches Coalition.
4. Advisory Board.
(a) An advisory board (the "North Beaches Coalition
Advisory Board") consisting of four (4) members will be appointed
to advise, guide, instruct, and direct the voting delegate for the
North Beaches Coalition. Two
Coalition Advisory Board must be
of each of the municipalities,
members of the North Beaches
appointed by the governing body
and at least one such member
appointed by each of the municipalities
Beaches Coalition Advisory Board
the municipality which he or she
North Beaches Coalition Advisory
must be
to
an
represents.
serve on the North
elected official of
Each member of the
Board serves at the pleasure of
the governing body which appointed such member.
(b) The voting delegate, or alternate voting delegate, as
the case may be, for the North Beaches Coalition seat on the TPO
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
4
designated pursuant to this Agreement must vote in matters before
the TPO in accordance with instructions provided by the North
Beaches Coalition Advisory Board; provided, however, that in those
cases in which the North Beaches Coalition Advisory Board has not
provided express instructions to the voting delegate, or the
alternate voting delegate, as the case may be, the voting delegate
or alternate voting delegate will exercise his or her best
discretion in voting for the best interests of the two
municipalities on matters before the TPO.
(c) The member of the North Beaches Advisory Board who
represents the municipality responsible for designating the North
Beaches Coalition delegate in accordance with section 2. of this
Agreement will serve as Chairperson of that advisory board. The
position of Chairperson will rotate in accordance with the
schedule established in paragraph 2. hereof.
(d) The North Beaches Coalition Advisory Board will elect
a Vice -Chairperson from among its members during the month of
December each year. The Vice -Chairperson will serve for one year
or until his or her successor is elected, whichever event occurs
later in time.
(e) The municipality which is responsible for designating
the North Beaches Coalition delegate to the TPO will provide staff
support for all activities incident to the performance of this
Agreement, including preparation of agenda packages, distribution
of agenda packages, advertising of meetings as appropriate to
comply with the Government -in -the -Sunshine Law, preparation of
minutes, and coordination of time and place of meetings of the
North Beaches Coalition Advisory Board. The responsibility for
such staff support will rotate in accordance with the schedule
established in section 2. of this Agreement.
5. TAC and CAC Members. In the event that the TPO seats
only one Technical Advisory Committee ("TAC") member or one
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
5
Citizens Advisory Committee ("CAC") member to represent both Cocoa
Beach and Cape Canaveral, the party to this Agreement designating
the TPO voting delegate will also have the authority to designate
the sole TAC or CAC member(s) to represent the parties to this
Agreement. In the event that the TPO will permit a TAC or a CAC
member to represent each municipality, the governing body of each
municipality will appoint the TAC and CAC member to represent that
particular individual municipality. To the extent permitted by
law and pursuant to Section 339.175(6), Florida Statutes and Space
Coast TPO bylaws, TAC and CAC members will serve at the pleasure
of the appointing authority.
6. Expiration. This Agreement will expire on December 31,
2022; provided, that the respective governing bodies of Cape
Canaveral and Cocoa Beach may agree from time to time to extend,
amend, or terminate this Agreement by written instrument. No such
written instrument will be effective until the amendatory
instrument is: approved by the governing bodies of each of the
two municipalities, executed by appropriate officials of each
governing body, and recorded with the Brevard County Clerk of the
Court as provided in Section 163.01(11), Florida Statutes (2012).
7. Interpretation. This Agreement and the terms herein
were negotiated jointly by Cocoa Beach and Cape Canaveral, and the
two municipalities had the full choice of wording thereof.
Consequently, no term, provision, or section hereof will be more
harshly construed against either party hereto as the drafter of
this Agreement.
8. Effective Date. This Agreement will become effective
upon recordation in the Public Records of Brevard County, Florida,
as maintained by the Brevard County Clerk of Court pursuant to
Section 163.01(11), Florida Statutes (2012).
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
6
IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and
the City of Cocoa Beach, Florida, caused this agreement to be
adopted the day and year set forth below.
CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
ATTEST:
Loredana Kalaghchy, CMC,
its City Clerk
ATTEST:
Angela Apperson, MMC, its
City Clerk
By:
, its
Dated: , 201
(CITY SEAL)
CITY OF CAPE CANVERAL,
FLORIDA, a Florida
Municipal Corporation
By:
, its
Dated: , 201
(CITY SEAL)
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
7
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/19/2013
Item No. .72)
Subject: Resolution No. 2013-03; appointing a member to the Culture and Leisure
Services Board of the City of Cape Canaveral, Florida; providing' for an effective date.
(Maureen Michel)
Department: Administrative Services
Summary: On January 22, 2013, the Culture and Leisure Services Board interviewed
applicant Maureen Michel to fill the remaining vacancy. By unanimous vote, the Board
recommended City Council appoint her to the Board.
After having conducted an interview at tonight's meeting of the Appiicant, it is now
incumbent upon the City Council to appoint her to the Culture and Leisure Services
Board with a term to expire on October 1, 2014.
(
Submitting Department Director: Angela Apperson
Attachment: Resolution No. 2013-03.
Date: 2/6/2013
Financial Impact: Staff time to prepare appropriate paperwork.
Reviewed by Finance Director: John McGinnis Date: /
The City Manager recommends that City Counc ake he following cti
Adopt Resolution No. 2013-03.
Approved by City Manager: David L. Greene 0-1.)-t— Date: 24? /3
City Council Action: [ ] Approved as Recommended [ 1 Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2013-03
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING A MEMBER TO THE CULTURE
AND LEISURE SERVICES BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, created a
Board formerly known as the Recreation Board by Code Section 54-26 and is now
known as the Culture and Leisure Services Board by Ordinance No. 13-2011, Chapter
54, Section 54-26; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint a Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Maureen Michel is hereby appointed as Member of the Culture and
Leisure Services Board of the City of Cape Canaveral, Florida, with a term to expire on
October 1, 2014.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th
day of February, 2013.
(Signature page follows)
City of Cape Canaveral
Resolution No. 2013-03
Page 2
ATTEST:
Angela M. Apperson, Assistant City
Manager/City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, MAYOR
Name For Against
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
City Council Agenda Form
City Council Meeting, Date: 2/19/13
Item No.
Subject: Resolution No. 2013-04; amending Resolution No. 2012-27, which committed
local financial support to the Qualified Targeted Industry Tax Refund Program pursuant
to Section 288.106, Florida Statutes, for L-3 IEC, as a Target Industry Business;
providing for repeal of prior, inconsistent resolutions, severability, and an effective date.
Department: Community & Economic Development
Summary: On October 16, 2012, City Council adopted Resolution No. 2012-27,
supporting and endorsing State Economic Development Project, L-3 IEC, as a
Qualified Targeted Business and committed local financial support to the Qualified
Targeted Industry Tax Refund Program pursuant to Florida Statute 288.106.
The local cash match in the amount of $6,000 is payable over 5 years. The Resolution
provided for the following payment schedule:
Fiscal Year Scheduled Amount
FY 2013-2014 S1,000
FY 2014-2015 $1,500
FY 2015-2016 $1,500
FY 2016-2017 $1,500
FY 2017-2018 $ 500
On January 9, 2013, Staff received correspondence from the Department of Economic
Opportunity informing that the approved QTI Refund Schedule differed from the City's
schedule. This new Resolution No. 2013-04 amends Resolution No. 2012-27 and
aligns the two schedules as follows:
Fiscal Year Scheduled Amount
FY 2014-2015
FY 2015-2016
FY 2016-2017
FY 2017-2018
FY 2018-2019
$1,000
$1,500
$1,500
$1,500
$ 500
Submitting Department Director: Todd Morleyxki
Date: 2/5/2013
Attachments: Resolution No. 2013-04; DEO Correspondence; Resolution No. 2012-27
Financial Impact: No additional impact other than the cost of Staff time to prepare the
Resolution and Agenda Item; the original impact of $6,000 over five years will be
programmed in future fiscal year's budgets.
Reviewed by Finance Director: John McGinnis '7" Date:
City Counci,l Meeting Date: 2/19/13
item No. 1
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2013-04.
Approved by City Manager: David L. Greene 9 Date:///3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2013-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING
RESOLUTION NO. 2012-27, WHICH COMMITTED LOCAL
FINANCIAL SUPPORT TO THE QUALIFIED TARGETED
INDUSTRY TAX REFUND PROGRAM PURSUANT TO SECTION
288.106, FLORIDA STATUTES, FOR L-3 IEC, AS A TARGET
INDUSTRY BUSINESS; PROVIDING FOR REPEAL OF PRIOR,
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, economic development and the creation and retention of value added jobs
are priorities of the City Council of the City of Cape Canaveral; and
WHEREAS, on October 16, 2012, the Cape Canaveral City Council adopted Resolution
No. 2012-27, which committed Six Thousand Dollars ($6,000.00) as local financial support to
the Qualified Targeted Industry ("QTI") Tax Refund Program for L-3 IEC, as a Targeted
Industry Business, to be eligible for the QTI refund; and
WHEREAS, on November 5, 2012, L-3 IEC's QTI project was approved by the Florida
Department of Economic Opportunity ("DEO") and L-3 IEC entered into an agreement with the
DEO's Division of Strategic Business Development specifying requirements that must be met
before a QTI refund may be made; and
WHEREAS, said agreement set forth a revised schedule for the City's payment of its
local financial contribution approved in Resolution No. 2012-27; and
WHEREAS, the City of Cape Canaveral desires to amend Resolution 2012-27 to revise
its payment schedule as set forth herein consistent with L-3 IEC's agreement; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public
health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Amendment to City's Payment Schedule. The City's payment of its local
financial support authorized by Resolution No. 2012-27 in the amount of Six Thousand Dollars
($6,000.00) shall be paid pursuant to the revised schedule set forth below. The payment
schedule set forth in Section 3 of Resolution No. 2012-27 shall be deleted and replaced in its
entirety by the following revised payment schedule:
City of Cape Canaveral
Resolution No. 2013-04
Page 1 of 2
FY 2014-2015 $1,000
FY 2015-2016 $1,500
FY 2016-2017 $1,500
FY 2017-2018 $1,500
FY 2018-2019 $500
Section 3. Remaining Provisions of Resolution 2012-27. Any provision of Resolution No.
2012-27 not expressly modified by this Resolution shall remain unchanged and in full force and
effect.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council are hereby expressly repealed to the extent of the conflict.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or
procedural reasons, such portion shall be deemed a separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 19th day of February, 2013.
ATTEST:
Angela Apperson, City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name FOR AGAINST
Bob Hoog
Buzz Petsos
Rocky Randels
John Bond
Betty Walsh
City of Cape Canaveral
Resolution No. 2013-04
Page 2 of 2
Rick Scott
GOVERNOR
January 9, 2013
FLORIDA DEPARTMENT of
ECONOMIC OPPORTUNITY
Mr. David L. Greene
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920
Dear Mr. Greene:
Jesse Panuccio
EXECUTIVE DIRECTOR
Regarding the City of Cape Canaveral's resolution -- 2012-27 -- Interstate Electronics
Corporation's QT1 project was approved on November 5, 2012. Subsequently, per statute,
Interstate Electronics Corporation has entered into an agreement with the Division of Strategic
Business Development (DSBD) that specifies requirements that must be met before. a QT1 refund
will be made.
Enclosed is a Project Recap Sheet that summarizes the QT1 requirements for this project. Please
note the QTI Refund Schedule, It lists the State fiscal years in which Interstate Electronics
Corporation is eligible to receive a refund. The years listed may differ from those listed in the
City of Cape Canaveral's resolution. This recap sheet is offered to allow the City of Cape
Canaveral the opportunity to make whatever adjustments may be necessary in order to maintain
the availability of the local financial support required to keep this project eligible.
If you or your office will not he responsible for processing and submitting the required local
financial support, please forward this information to the person or office with that responsibility.
In addition, please notify DSBD of the new contact's name, office, address, and, phone and fax
numbers.
Good luck with this project. I may be reached by phone, 850/717-8963; fax, 850/487-3014; or,
e-mail, krystle.eacci(a,deo.mvflorida.com.
rystle Cacci, Incent
yst
Division of Strategic Busincss Development
Ei
osure: Interstate Electronics Corporation (ID: 13-00134) Recap Sheet
Florida Department of Economic Opportunity The Caldwell Building i 107 E. Madison Street 1 Tallahassee, FL 1 32399-4120
866.FLA.2345 1850245..7105 1 850.921.3223 Fax www.FtoriclaJobs,orq 1 www..twitter.corn/FLDECI 1 www.lacebook.corn/FLDED
An equal opportunity employer/program. Auxiliary aids and services are available upon request lo individual's with disabilities.. All voice
telephone numbers on this document may be reached by persons using TTY/TE/D equipment via the Florida Reay Service at 711,
This i. NOT a substitute for the QDC or QTI Agreement. It is meant solely for the administrative are of
the QDC Applicant or the QTI Business and local community representatives.
QTI Program: Project Recap Sheet
Project ID: 13-00134 Status: Active
Bask Project Information
Applicant: Interstate Electronics Corporation FEID #: 95-1912832
Sales Tax W #: Unempl. Ins. ID#: 0117156
Project Name: strategic weapon system development
Agreement Administration Contact Information: (current):
Mr. C3eorge Ketterer
600 aid Avenue
32nd Floor
New York, NY 10016
Phone: 202-805-5340 Fax: 212-682-7959
Assodated Ailitiates, when applicable:
FEW #:
UI:#
Applicant Tax Year: January 1- December 31 Approval Date: November 5, 2012
County: Brevard County
Resolution #: 12-220
Non-cash Support:
Local Community Information
City: City of Cape Canaveral
Resolution: 2012-27
Non-cash Support:
QTI Agreement Information
Execution Date: 1/7/2013 Contract #: SB13-116 Refund Claim After. December 31
Total Required Net, New, Full-time Jobs: 15
Job Phases; Number of Net, New Jobs (per phase); and Full Implementation Date
&at brim P
Phase 1 10 12/31/2013 Phase 4
Phase 2 5 12/31/2014 Phase 5
Phase 3 Phase 6
Phase 7
QDC or QTI Refund Sch
QTI Schedule
Fiscal Year Scheduled Amount
2014.2015 S10,000.00
2015-2016 815,000.00
2016-2017 815,000.00
2017-2018 515,000.00
2018-2019 85,000.00
/Brownfield Bonus, if applicable:
Brownfield Bonus Schedule
Total:
Brownfield Total:
NOTE: Local Financial Support (20°h of the scheduled amounts) Is nand unless a rural
�.,,,..,, . ,,, or brownikld exemption has been requested and granted. The Local Financial
Spport may consist of ad valorem tax abatement, appraised land valve, and/or cash.
RESOLUTION 2012-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AND
ENDORSING STATE ECONOMIC DEVELOPMENT P11i )JECT, L-3
IEC, AS A QUALIFIED TARGETED INDUSTRY BUSINESS;
COMMITTING LOCAL FINANCIAL SUPPORT TO THE QUALIFIED
TARGETED INDUSTRY TAX REFUND PROGRAM PURSUANT TO
SECTION 288.106, FLORIDA STATUTES; PROVIDING FOR REPEAL
OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, economic development and the creation and retention of value added jobs are
priorities of the City Council of the City of Cape Canaveral; and
WHEREAS, L-3 IEC has been identified as a Target Industry Business; and
WHEREAS, L-3 IEC plans to relocate 15 employment positions for engineering support and
system test functions to Cape Canaveral Air Force Station in support of existing work in which the
company is engaged in Brevard County, Florida; and
WHEREAS, the City of Cape Canaveral hereby acknowledges that local financial support in
the amount of $12,000.00, which is twenty percent (20%) of the annual tax refund for L-3 IEC, is
required under the provisions of section 288.106, Florida Statutes, governing the State's Qualified
Target Industry ("QTI") Tax Refund Program; and
WHEREAS, the County of Brevard desires to commit $6,000.00, which is fifty percent
(50%) of the required QTI local financial support; and
WHEREAS, the City of Cape Canaveral also desires to commit $6,000.00, which is fifty
percent (50%) of the required QTI local financial support; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public
health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Recommendation of L-3 IEC as Qualified Target Industry Business. The City
Council of the City of Cape Canaveral hereby recommends that L-3 IEC be approved as a Qualified
Target Industry Business pursuant to section 288.106, Florida Statutes.
Section 3. Commitment of Local Financial Support. The City Council of the City of Cape
Canaveral hereby agrees to commit the necessary local financial support to the Qualified Targeted
Industry Tax Refund Program in the amount of Six Thousand Dollars ($6,000.00), a fifty percent
(50%) match, over five (5) years. The City's commitment shall be paid to the Florida Economic
City of Cape Canaveral
Resolution No. 2012-27
Page 1 of 2
Development Trust fund pursuant to section 288.106, Florida S
sch
FY 2013-2014 $1,000
FY 20142015 $1,500
FY 2015-2016 $1,500
FY 2016-2017 $1,500
FY 2017-2018 $500
adopted by
want to the following
15 1: 000
_2.nI
n_o1G. ‘,Sbo
itpo
403
Repeal of Prior In ent Resolutio All prior inconsistent resoluti
re s y expressly repealed to the - • • f the conflict.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or
procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption.
ADOPTED ata Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled Ais l 6` dgi-6f Qctober, 2012.
J
Ji
• A !:C. •
11• .
A't-1+QST: •.• ;�
44 A
Ang = Apperso
Asst. City Manager/City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
•
thony A.' arganese, City Attorney
Rocky Randels, Mayor
Name FOR AGAINST
John Bond Motion
Bob Hoog X
Buzz Petsos X
Rocky Randels X
Betty Walsh _second
City of Cape Canaveral
Resolution No. 2012-27
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 0211912013
Item No.
Subject: Resolution No. 2013-05; designating the Cape Canaveral Planning and
Zoning Board as the Cape Canaveral Economic Enhancement District ("CCEED")
Brownfield Advisory Committee; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date.
Department: Community and Economic Development
Summary: As part of the Brownfield Program administration process, a Brownfield
Advisory Committee must be established. The purpose of the Committee is to:
encourage public participation, receive public comment, review proposed
redevelopment plans and make recommendations to the Council. On October 24,
2012, the Planning and Zoning Board discussed serving as the Committee. After
discussion and by unanimous vote, the P&Z Board agreed to serve as such.
The requirements for the Brownfield Advisory Committee are delineated in Section
376.80 (4), Florida Statutes, as follows: "Local governments or persons responsible for
rehabilitation and redevelopment of brownfield areas must establish an advisory
committee or use an existing advisory committee that has formally expressed its intent
to address redevelopment of the specific brownfield area for the purpose of
improving public participation and receiving public comments on rehabilitation
and redevelopment of the brownfield area, future land use, local employment
opportunities, community safety, and environmental justice. Such advisory
committee should include residents within or adjacent to the brownfield area,
businesses operating within the brownfield area and others deemed appropriate. The
person responsible for brownfield site rehabilitation must notify the advisory committee
of the intent to rehabilitate and redevelop the site before executing the brownfield site
rehabilitation agreement, and provide the committee with a copy of the draft plan for site
rehabilitation which addresses elements required by subsection (5). This includes
disclosing potential reuse of the property as well as site rehabilitation activities, if any, to
be performed. The advisory committee shall review any proposed redevelopment
agreements prepared pursuant to paragraph (5)(i) and provide comments, if
appropriate, to the board of the local government with jurisdiction over the brownfield
area. The advisory committee must receive a copy of the executed brownfield site
rehabilitation agreement. When the person responsible for brownfield site rehabilitation
submits a site assessment report or the technical document containing the proposed
course of action following site assessment to the department or the local pollution
control program for review, the person responsible for brownfield site rehabilitation must
hold a meeting or attend a regularly scheduled meeting to inform the advisory
committee of the findings and recommendations in the site assessment report or the
technical document containing the proposed course of action following site
assessment."
Staff recommends that Council designate the Planning and Zoning Board as the Cape
Canaveral Economic Enhancement District Brownfield Advisory Committee.
Submitting Director: Barry Brown
/ IAN .111 7, Date: 02/08/2013
City Council Meting Date: 02/19/2013
Item No. 27
Page 2 of 2
Attachment: Resolution No. 2013-05.
Financial Impact: Staff time to prepare agenda item/Resolution and to attend required
meetings.
Reviewed by Finance Director: John McGinnis 4,1721c, Date: 2/11/13
The City Manager recommends that City Council/jake the following action(s):
Adopt Resolution No. 2013-05.
Approved by City Manager: David L. Greene (9 Date:21///
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ 1 Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2013-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
DESIGNATING THE CAPE CANAVERAL PLANNING AND
ZONING BOARD AS THE CAPE CANAVERAL ECONOMIC
ENHANCEMENT DISTRICT ("CCEED") BROWNFIELD
ADVISORY COMMITTEE; PROVIDING FOR THE REPEAL
IF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Brownfields are sites that are generally abandoned, idled, or underutilized
industrial or commercial property where expansion or redevelopment is complicated by actual or
perceived environmental contamination; and
WHEREAS, Florida law provides in sections 376.77 through 376.86, Florida Statutes, for
the designation by resolution of certain areas consisting of one or more Brownfield sites as a
"Brownfield Area," and for the corresponding provisions of environmental remediation,
rehabilitation and economic development for such area; and
WHEREAS, on October 16, 2012, the City of Cape Canaveral City Council adopted
Resolution No. 2012-21, designating certain real property in Cape Canaveral as a Brownfield Area
known as the "Cape Canaveral Economic Enhancement District ("CCEED")" for remediation,
rehabilitation and economic development for the purposes set forth in sections 376.77 through
376.86, Florida Statutes; and
WHEREAS, pursuant to section 376.80(4), Florida Statues, the City Council must establish
an advisory committee or use an existing advisory committee that has formally expressed its intent
to address redevelopment of the Brownfield Area for the purpose of improving public participation
and receiving public comments on rehabilitation and redevelopment of the Brownfield Area, future
land use, local employment opportunities, community safety, and environmental justice; and
WHEREAS, on October 24, 2012, the Cape Canaveral Planning & Zoning Board
unanimously expressed its desire to serve as the advisory committee for the CCEED; and
WHEREAS, the City Council desires to designate the Cape Canaveral Planning & Zoning
Board as the Cape Canaveral Economic Enhancement District Brownfield Advisory Committee; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
City of Cape Canaveral
Resolution No. 2013-05
Page 1 of 2
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Designation of Cape Canaveral Planning & Zoning Board as Brownfield
Advisory Committee. The City Council of the City of Cape Canaveral, pursuant to section
376.80(4), Florida Statues, hereby designates the Cape Canaveral Planning & Zoning Board as the
Cape Canaveral Economic Enhancement District Brownfield Advisory Committee.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 19th day of February, 2013.
ATTEST:
ANGELA APPERSON,
City Clerk, Assistant City Manager
Rocky Randels, Mayor
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Resolution No. 2013-05
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting pate: 02/19/2013
Item No. (t;
Subject: Grant a Waiver of Landscape Requirements at the New Fire Station.
Department: Community & Economic Development
Summary: Staff is currently reviewing the landscape plan for the New Fire Station to
be located at 190 Jackson St., site of the existing station. The site will accommodate the
desired building and required parking, however, due to public safety concerns and size
constraints, not all of the required landscape materials can be provided. City Code
Section 102-48 (see attached) allows for the City Council to grant a Waiver to
requirements of the landscape Code "where such waiver can be demonstrated to be
consistent with the purpose and intent of the division (code)."
In the interest of public safety, fire apparatus operators need an unobstructed view
along the length of Poinsetta Avenue to include its intersections with Monroe and
Jackson Streets. This will allow the responding crew to see all pedestrians and
automobiles as they prepare to exit the property and vice versa. As such, Staff is
requesting relief from providing shrubs and trees along Poinsetta Avenue as called for
in the Code.
City Code Section 102-48 allows for the City Council to grant a Waiver to landscaping
requirements where the Waiver is consistent with the intent of the Code, The intent of
the Code is to preserve desirable trees and to make the City a healthier, more attractive
and safer place in which to live. The site has been designed to save a 48" specimen
oak tree at the southwest corner of the property and with provision of grass, ground
cover, shrubs, and trees. The intent of the Code will be met.
Staff recommends the City Council grant a Waiver of landscape requirements along
Poinsetta Avenue.
Submitting Director: Barry Brown V) Ai.\ cz_.( 3 Date: 2/8/2013
Attachments: City Code Section 102.48; Landscape Plan.
Financial Impact: Granting of the waiver will reduce the cost for landscaping and more
than offset the loss of existing flora and fauna.
Reviewed by Finance Director: John McGinnis Date:
The City Manager recommends that City CouncjI take he following action:
Grant a Waiver of Landscape Requirements at the New Fire Station.
Approved by City Manager: David L. Greene 44.5
City Council Action: [ ] Approved as Recommended [1 Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Date: 21/11/ 3
Municode Page 1 of 1
Sec. 102-48. - Waivers; incentive program; administrative interpretation appeals;
incentive program.
(a) Waivers of division requirements. The city council may grant a waiver to provisions of this
division where the applicant demonstrates that the literal interpretation of the division will
deny the applicant reasonable use of the property or where such waiver can be
demonstrated to be consistent with the purpose and intent of the division.
(b) Administrative interpretation appeals. Any person adversely affected by an administrative
interpretation of this division by the building official may first appeal that interpretation to the
city manager by filing a written notice of appeal of said interpretation within ten calendar days
of said interpretation. The city manager shall decide said appeal within five business days.
Any person adversely affected by an administrative decision of the city manager under this
division may appeal that interpretation to the city council by filing a written notice of appeal of
said interpretation within 30 calendar days of said interpretation. Failure to file an appeal
within the time periods required by this subsection shall result in the administrative
interpretation to be declared final. The city council shall decide said appeal within 30 days of
the city's receipt of said notice of appeal and the city council's decision shall be final. Except
for the mandatory time periods required for the notice of appeal, the time periods required for
a decision may be extended by mutual agreement between the city and the person filing the
notice of appeal. The appeal procedure under this subsection shall be the exclusive method
for appealing an administrative interpretation decision made under this division.
(c) Incentive program. The city council reserves the right to offer and approve incentives for
purposes of protecting and preserving mature trees and planting enhanced landscaping.
Such incentives shall have a public benefit and may include, but are not limited to, waiving
provisions of the city's land development and zoning code in accordance with section 102-42
of this division and providing credits to city development fees. Any incentives granted under
this subsection shall be consistent with the comprehensive plan and shall be by development
agreement or other formal approval by the city council.
(Ord. No. 05-2005, § 2, 4-19-05)
http://library.municode.com/print.aspx?h=&clientlD=12642&HTMRequest=http%3a%2t'Ya2flibrary.municode.com%2fHTM... 2/12/2013
H Lig
_
LANDSCAPE PLAN
1.1.M1.16.01
111111. to,i,
4,1 ,01
NOT
POINSETTIA STOUT
cr
rrr
........
CAPE CANAVERAL F BASKERVILLE..DONOVAIN,
PILMInnovollvt, Infran.tructure SON1,4,411,
VOLUNTEER FIRE ntaultama,ortos,,,m lot oeStaatANL1,0144,1210 PUMP
ir.iirrn,la moms minx.
DEPARTMENT
1.1810 t, ' / CITY OF CAPE CANAVERAL "*V
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No. 7c
Subject: Ordinance No. 01-2013; relating to the State Revolving Fund Program;
pursuant to Section 2.12(5) of the City Charter authorizing one or more loan
applications to be filed with the State of Florida Department of Environmental Protection
in a total amount not to exceed eight million dollars for purposes of funding certain
wastewater and stormwater improvement projects; authorizing the loan agreement(s);
establishing pledged revenues; designating authorized representatives; providing
assurances; providing for the repeal of prior inconsistent ordinances and resolutions,
severability and an effective date; second reading.
Department: Public Works Services
Summary: The City's existing State Revolving Fund (SRF) Program loans (2) with
Florida Department of Environmental Protection (FDEP) will be paid in full in January
and October 2016, thus making $650,000 available in the Wastewater Enterprise Fund.
Moneys from these two SRF Program loans were used to finance upgrades to the
Wastewater Treatment Plant (WWTP) beginning in 1996; these upgrades were the first
large-scale improvements to the WWTP since initial construction in 1966.
In order to provide adequate funds to (1) improve several processes at the WWTP, (2)
replace/rehab equipment that is approaching (or is past) its estimated Iife span and (3)
construct numerous stormwater improvement projects, Staff is recommending the City
enter into one or more loan agreement(s) with FDEP for approximately $8 million from
the SRF Program. These funds will be used to plan, engineer and construct ten (10)
capital improvement projects as detailed in the City's Capital Improvement Program.
There are numerous benefits to obtaining an additional SRF Program loan(s) at this
time including the following:
• SRF Program loan interest rate of approximately 2.25% (20 -year term);
• Deferred maintenance has caused a backlog of stormwater and wastewater -
related improvement projects;
• Lower engineering and construction costs due to the downturn in State and
national economy;
• Total Maximum Daily Load (TMDL) Program requires that the City continue to
construct stormwater-related improvements;
• WWTP equipment (e.g., sludge belt press) is nearing its estimated maximum life
span;
• New/updated infrastructure will improve services to residents;
• Proposed capital improvement projects support the Visioning process; and
• Proposed capital improvement projects are energy-efficient (e.g., oxidation ditch
redesign), benefit the environment (e.g., eliminating most discharges to the
Banana River) and contribute to the overall sustainability of the City.
If approved, preconstruction moneys for engineering fees and other preliminary tasks
will be available to the City in mid -2013. A Construction Loan Application will then be
submitted to obtain construction project funds.
City Council Meeting Date: 02/19/2013
Item No. TA.
Page 2 of 2
The Ordinance passed at first reading on January 15, 2013; the Notice of Public
Hearing was published on January 24, 2013.
Submitting Department Director: Jeff Ratliff rid Date: 02/11/13
Attachments:
#1- Ordinance No. 01-2013
#2 - Tentative SRF Program Project Summary
#3 - SRF Program Loan Application
Financial Impact:
The 20 -year loan will be secured by the net revenue from the Wastewater and
Stormwater Enterprise Funds, which is sufficient to ensure repayment.
Reviewed by Finance Director: John McGinnis ., / Date: "211),/
The City Manager recommends that City Counci take the following actions).
Adopt Ordinance No. 01-2013, second reading.
Approved by City Manager: David L. Greene (.9 Date: 2 hip_3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Ordinance No. 01-2013
ORDINANCE NO. 01-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO THE
STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION
2.12(5) OF THE CITY CHARTER AUTHORIZING ONE OR MORE
LOAN APPLICATIONS TO BE FILED WITH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION IN A TOTAL
AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS FOR
PURPOSES OF FUNDING CERTAIN WASTEWATER AND
STORMWATER IMPROVEMENT PROJECTS; AUTHORIZING THE
LOAN AGREEMENT(S); ESTABLISHING PLEDGED REVENUES;
DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING
ASSURANCES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for loans to local government agencies to finance
the construction of water pollution control facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans;
to establish pledged revenues; to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into loan agreements; and
WHEREAS, the State Revolving Fund loan priority list designates Project Number
WW05050 as eligible for available funding; and
WHEREAS, the City of Cape Canaveral, Florida, intends to enter into a loan agreement
with the Department of Environmental Protection (hereinafter referred to as the "Department")
under the State Revolving Fund for project financing.
NOW, THEREFORE, the City of Cape Canaveral, Florida hereby ordains:
SECTION 1. Recitals. The foregoing findings are incorporated herein by reference
and made a part hereof.
SECTION 2. Legal Authority. The legal authority for borrowing moneys to
construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the
Cape Canaveral Charter.
SECTION 3. Authorization. The City Council of the City of Cape Canaveral hereby
authorizes City staff, on behalf of the City, to apply for one or more State of Florida revolving
loans for point source water pollution control in the amount of approximately Eight Million
Dollars (58,000,000.00) to finance the preconstruction activities and construction of certain
wastewater and stormwater improvements (hereinafter "Loan").
City of Cape Canaveral
Ordinance No. 01-2013
Page 1 of 4
SECTION 4. Establishing Pledged Revenues. The revenues pledged for the
repayment of the Loan(s) are net sewer and stormwater utility system revenues after payment of
operating and maintenance expenses of the systems and of debt service on any previous SRF
loans of the City.
SECTION 5. Description of Loan(s) and anv Associated Notes. The Loan(s) and
any associated Note(s) shall be dated the date of its execution and delivery, which shall be a date
agreed upon by the City and the Department, subject to the following terms:
(A) Interest Rate. The interest rate shall have a fixed interest rate not to exceed
3.25%, subject to adjustment upon the occurrence of certain non or late payment events as
expressly provided m the Loan(s) and any associated Note(s).
(B) Principal and Interest Pavment Dates. Principal and interest payments shall be
made in accordance with the terms and conditions approved by the City Manager in the Loan
Application(s).
(C) Form of anv Notes. Any Note(s) required by the lender shall be in form
approved by the City Manager and City Attorney consistent with the terms and conditions of this
Ordinance.
SECTION 6. Designation of City's Lead Authorized Representative. The City
Council of the City of Cape Canaveral hereby designates the City Manager as the City's lead
authorized representative to provide the assurances and commitments required by the loan
application(s).
SECTION 7. Limitation of Rights. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Ordinance or any notes
executed in furtherance of this Ordinance are intended or shall be construed to give to any person
other than the City and the Department any legal or equitable right, remedy or claim under or
with respect to this Ordinance or any covenants, conditions and provisions herein contained; this
Ordinance and all of the covenants, conditions and provisions hereof being intended to be and
being for the sole and exclusive benefit of the City and the Department.
SECTION 8. General Authority. The Mayor, City Manager, Assistant City Manager,
City Attorney, and Finance Director of the City, or any of them, are hereby authorized, in
connection with the Loan(s) and to do all things and to take any and all actions on behalf of the
City; to execute and deliver any notes and documents; to provide disclosures concerning the
City; and to finalize and close the transactions specified in all such agreements or arrangements
(including any amendments or modifications thereof), including, without limitation, the
execution and delivery of any and all documents and instruments deemed appropriate by any of
such officers, and the making of any appropriate statements, representations, certifications and
confirmations on behalf of the City, and in their respective capacities as officers thereof,
necessary, appropriate or convenient to effectuate and expedite the consummation of the
transactions specified herein, and any and all of the covenants, agreements and conditions of the
City of Cape Canaveral
Ordinance No. 01-2013
Page 2 of 4
City; the approval of the City and all corporate power and authority for such actions to be
conclusively evidenced by the execution and delivery thereof by any of such officers.
SECTION 9. Execution and Authentication of Loan(sl. The Loan(s), and any
associated note(s), shall be executed in the name of the City by its Mayor and the corporate seal
of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by
its City Clerk. The authorized signatures for the Mayor and City Clerk shall be either manual or
in facsimile, Any Loan(s) and associated Note(s) may be signed and sealed on behalf of the
City by such person as at the actual time of the execution of such Loan(s) and associated Note(s)
shall hold the proper office, although at the date of such Loan(s) and associated Note(s) such
person may not have held such office or may not have been so authorized.
SECTION 10. A,pulication of Proceeds. Proceeds received by the City from the
Loan(s) shall be used to pay the costs incurred by the City for the preconstruction activities and
construction of certain wastewater and stormwater improvements authorized by Section 3 of this
Ordinance.
The City Manager shall establish and create funds and accounts to maintain the loan
proceeds and such funds and accounts shall be considered trust funds for the purpose provided
herein for such funds. Moneys on deposit to the credit of all funds and accounts created
hereunder may be invested pursuant to applicable law and the City's written investment policy
and shall mature not later than the dates on which such moneys shall be needed to make
payments in the manner herein provided. The securities so purchased as an investment of funds
shall be deemed at all times to be a part of the account from which the said investment was
withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited
to such fund or account, except as expressly provided in this Ordinance, and any loss resulting
from such investment shall likewise be charged to said fund or account.
SECTION 11. Payment of Princinal and Interest; Limited Obligation. The City
promises that it will promptly pay the principal of and interest on the Loan(s) at the place, on the
dates and in the manner provided therein according to the true intent and meaning hereof and
thereof The Loan(s) shall be secured by a pledge of and lien upon the Pledged Revenues in the
manner and to the extent described herein. The Loan(s) shall not be or constitute general
obligations or indebtedness of the City as a "bond" within the meaning of Article VII, Section
12 of the Constitution of Florida, but shall be payable solely from the Pledged Revenues in
accordance with the terms hereof. No holder of the Loan(s) issued hereunder shall ever have the
right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax
revenues to pay such Loan(s), or be entitled to payment of such Loan(s) from any funds of the
City except from the Pledged Revenues as described herein.
SECTION 12. Tax Covenant. The City covenants to the Department of the proceeds
provided for in this Ordinance that the City will not make any use of the proceeds received
hereunder any time during the terra of the Loan(s) which, if such use had been reasonably
expected on the date the Loan(s) was issued, would have caused such Loan(s) to be an "arbitrage
bond" within the meaning of the Internal Revenue Code. The City will comply with the
requirements of the Internal Revenue Code and any valid and applicable rules and regulations
City of Cape Canaveral
Ordinance No. 01-2013
Page 3 of 4
promulgated thereunder necessary to ensure, to the extent applicable, the exclusion of interest on
the Loan(s) from the gross income of the holders of the Loan(s) thereof for purposes of federal
income taxation.
SECTION 13. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
SECTION 14. Not Incornorated into Code. This Ordinance shall not be
incorporated into the Cape Canaveral City Code.
SECTION 15. Severability If any section, subsection, sentence, clause, phrase, word
or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
SECTION 16. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of 2013.
ATTEST:
Angela M. Apperson,
Assistant City Manager/City Clerk
Approved as to Farm and legal sufficiency
for the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
John Bond
Bob Hoag
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. D1-2013
Page 4 of 4
For Against
Attachment #2
Tentative SRF Program Project Summary
Attachment #1
Wastewater and Stormwater Improvements
Activities, Schedule and Costs
Wastewater Improvements
Preconstruction activities will include planning, design and permitting for portions of the City's aging
Wastewater Treatment Facilities that are in need of upgrading and refurbishment as described in the
Request for Inclusion (RFI) Fowl. This work includes the reconfiguration of the oxidation ditch and the
rebuilding of the sludge belt press. A new 3 MG Reclaimed Water Storage Tank needed to augment the
existing 1 MG tank is included. An upgrade design to the existing Lift Station #9 and the replacement of a
portion of undersized sewer line with a 10 inch line under Holman Road to prevent a large influx of
wastewater from backing up into an adjacent home is included in the work. Additional projects may be
added during the planning phase of the work.
(Note that the Holman Road work was not included in the RFT)
Schedule:
Planning Completed May 2013
Engineering Work July 2013
Site Certificate and Permit July 2013
Preliminary Construction Cost Estimate:
Oxidation Ditch Reconfiguration $1,444,700
Sludge Belt Refurbishment 641,400
3 MG Reclaimed Water Tank 1,289,000
Holman Road Sewer Upgrade 682,900
Subtotal Wastewater $4,058,000
Stormwater Improvements
Preconstruction activities will include planning, design and permitting for several projects needed to
upgrade and expand the City's Stormwater Management Facilities as described in the RFI. Plans include
the North Central Ditch Project scheduled to be a two phase project to install triple 48" diameter
Reinforced Concrete Pipes (RCPs) for a distance of approximately 800 feet. The North Atlantic Avenue
Streetscape Project involves Stonnwater improvements along both sides of North Atlantic Avenue for a
distance of about 6,500 feet. The West Central Boulevard Pipe Replacement Project is needed to replace
about 950 feet of severely corroded metal pipe along the northern side of West Central Boulevard. The
Central Ditch Dredging Project includes the dredging of the Central Ditch from West Central Boulevard
to near SR AIA, a distance of approximately 950 feet. The Canaveral City Park Stormwater Exfiltration
System project will redirect stormwater to an exfiltration system located beneath two ball fields.
Additional projects may be added during the planning phase of the work. (Note that the Canaveral City
Park Stormwater Exfiltration project was not included in the RFI.)
Schedule:
Planning Completed
Engineering Work
Site Certificate and Permit
May 2013
Dec. 2013
Dec. 2013
1 revised 2/11/13
Preliminary Construction Cost Estimate:
North Central Ditch Phase 1 $303,500
North Central Ditch Phase 2 43,500
North Atlantic Ave. Streetscape 468,300
West Central Pipe Replacement 211,400
Central Ditch Dredging 149,700
Canaveral City Park Exfiltration 1,280.700
Subtotal Stormwater 52,457,100
Total Construction Cost 56,515,100
Contingency 651,500
Technical Services During Construction 195,500
SRF Allowance 606,600
Total CWSRF Eligible Cost 57,968,700
2 revised 2/11/13
Attachment #3
SRF Program Loan Application
- - - - .11,.Y.1.1,531311.Nikesiss-=, bate.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE REVOLVING LOAN PROG
for
Point Source Water Pollution Control
LOAN APPLICATION
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road, MS 3505
Tallahassee, FL 32399-2400
Form 62-503.900(2) Effective Date 7-29-04
TABLE OF CONTENTS
Page
Number
LOAN APPLICATION
(1) SUBMITTAL 1
(2) COMPLETING THE APPLICATION 1
(3) ASSISTANCE 1
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR 1
(2) AUTHORIZED REPRESENTATIVE 1
(3) PRIMARY CONTACT 1
(4) ADDITIONAL CONTACTS 1
(5) PROJECT NUMBER 1
(6) CAPITALIZATION GRANT PROJECT REQUIREMENTS 2
(7) FINANCIAL HARDSHIP 2
(8) DIRECT AND LEVERAGED LOANS 2
PART II - PROJECT INFORMATION
A. PRECONSTRUCTION PROJECT
(1) ACTIVITIES 2
(2) SCHEDULE 2
(3) COST 3
B. CONSTRUCTION PROJECT
(1) ACTIVITIES 3
(2) SCHEDULE 3
(3) COST 3
PART III - FINANCIAL INFORMATION
(1) PRINCIPAL 4
(2) TERMS AND REPAYMENT 4
(3) ANNUAL FUNDING LIMIT 4
(4) LOAN REPAYMENT RESERVE 4
(5) INFORMATION ON LIENS 4
(6) ACTUAL AND PROJECTED REVENUES 5
(7) AVAILABILITY OF PLEDGED REVENUES 5
(8) LOAN SERVICE FEE 5
PART IV - AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION 5
(2) ASSURANCES 5
PART V - SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS 8
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE 9
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE 10
LIST OF ATTACHMENTS 11
Form 62-503.900(2)
i - Effective Date 7-29-04
LOAN APPLICATION
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection,
MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of five parts: (I) ADMINISTRATIVE INFORMATION; (II) PROJECT
INFORMATION; (III) FINANCIAL INFORMATION; (IV) AUTHORIZZATION AND ASSURANCES; and
(V) SUPPLEMENTARY INFORMATION.
(b) All information provided on this application must be printed. Monetary amounts may be rounded.
(c) Forms and attachments to be submitted are denoted with italic print.
(3) ASSISTANCE. Completing this application may require information that can be obtained from Bureau of Water
Facilities Funding staff. Please call (850) 245-8358 or SUNCOM 205-8358 for assistance in completing this application.
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR City of Cape Canaveral
Federal Employer Identification Number 59-0974636
(2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents).
Name David L. Greene Title City Manager
Telephone (321) 868-1235 FAX (321) 868-1224 Email d.greenecnr citvofcapecanaveral.org
Mailing Address P.O. Box 326
Cape Canaveral, FL 32920
(3) PRIMARY CONTACT (person to answer questions regarding this application).
Name John McGinnis Title Finance Director
Telephone (321) 868-1235 FAX (321) 868-1224 Email 1.mc innisna citvofcanecanaveral.ora
Employer City of Cape Canaveral
Mailing Address P.O. Box 326
Cape Canaveral, FL 32920
(4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department
correspondence, attach the information (Attachment #8 B).
Name Jeff Ratliff Title Public Works Services Director
Telephone (321) 868-1240 FAX (321) 868-1233 Email i.ratliffcr,citvofcanecanaveral.org
Employer City of Cape Canaveral
Mailing Address P.O. Box 326
Cape Canaveral, FL 32920
(5) PROJECT NUMBER (listed on the Department's priority list). 05050
Form 62-503.900(2)
Page 1 of 11 Effective Date 7-29-04
(6) CAPITALIZATION GRANT PROJECT REQUIREMENTS. An. Applicant may have to comply with certain
Federal requirements for loans from funds that, in aggregate, are equivalent to the amount of the federal grant
awarded to the Department to partially capitalize the State Revolving Fund. Please check with the Department
to determine if the project is subject to such requirements.
Is this project subject to special federal requirements? n Yes ® No
(7)
(8)
If this project is subject to special federal requirements complete an EPA Preaward Compliance Review
Report and attach in Part V, List of Attachments. (Attachment # ).
FINANCIAL HARDSHIP. To qualify for a financial hardship loan the affordability index of a small
community to be served by the project shall be less than 100. A small community is a municipality or
unincorporated community with a total service area population of 20,000 or less as of the most recent
decennial census. Please check with the Department to determine if the project qualifies for a financial
hardship loan.
Does the loan qualify for financial hardship consideration? ❑ Yes No
DIRECT AND LEVERAGED LOANS. A local government project sponsor that receives a loan from
proceeds of bonds issued by the Florida Water Pollution Control Financing Corporation will be subject to
certain limitations resulting from the tax exempt status of such bonds. Please check with the Department to
determine if the loan is subject to such limitations.
Is this loan subject to the special leveraged loan limitations? ❑ Yes ® No
PART II — PROJECT INFORMATION
If you are applying for a loan to plan and design a project that will involve construction, complete only Subpart A
below. If you are applying for a loan to construct a project that is already planned and designed, complete only
Subpart B below.
A. PRECONSTRUCTION PROJECT
Information should be provided for each separate facility to be planned and designed as appropriate. For
design/build projects or those where multiple facilities, segments, or phases are involved, please attach information
for activities, schedule, and cost for each. (Attachment #1)
(1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this
loan. Include a list of any specialized studies to be performed. (Attachment #1). Are these activities the same
as those scheduled on Request for Inclusion Form? ❑ Yes No. If "No", please explain. (Attachment
#1). Two projects have been added to this SRF Loan Application that were not included on the RFI Form; (1)
Canaveral City Park Stormwater Exfiltration System and (2) Holman Road Sanitary Sewer System Upgrade.
(2) SCHEDULE.
(a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed
to complete required tasks.)
Planning documentation May 2013
Engineering work July 2013
Certification of site availability July 2013
Permit July 2013
(b)
(c) Is this a design/build project?
Form 62-503.900(2) Page 2 of 11
Do you anticipate that an interlocal agreement with another party will be necessary to n Yes ® No
implement the project? If "Yes", please explain. (Attachrnent # )
Yes ® No
Effective Date 7-29-04
(3)
COST. Is the cost information submitted for the preconstruction loan priority list n Yes ® No
current? If "No", please explain and submit revised cost information using the
appropriate page of the Request for Inclusion Form. (Attachment #l) Note that the
disbursable amount will be limited to the priority list amount. Two projects have been
added to this SRF Loan Application that were not included on the RFI Form.
PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III.
B. CONSTRUCTION PROJECT
(1) ACTIVITIES.
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the
construction contracts (by title) corresponding to the plans and specifications accepted by the Department
(Attachment # )
Are these contracts the same as those scheduled on the Request for Inclusion Form? n Yes fl No
If "No", please explain.
Have any of the contracts been bid?
If "Yes", indicate which contracts have been bid. (Attachment #
n Yes E No
Was the planning and design for this project financed with a preconstruction loan? ❑ Yes P1 No
If "Yes", give the preconstruction loan number.
Does this project involve an interlocal agreement with other local governments or other fl Yes No
entities?
If "Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment # )
Is the interlocal agreement, as accepted by the Department, fully executed and n Yes I I No
enforceable?
If "No", please explain (Attachment # ).
(2) SCHEDULE. (month and year)
(a) What is the estimated date for the start of construction?
(b) What is the estimated date for construction completion?
(c) What is the date for start up of the facilities?
(3) COST. Is the cost information submitted for the priority list current? n Yes No
If "No", please explain and submit revised cost information using the appropriate page of the Request for
Inclusion Form. (Attachment #3) Note that the disbursable amount will be limited to the priority list amount.
Two projects have been added to the SRF Loan Application that were not included on the RFI Form.
Form 62-503.900(2)
Page 3 of II Effective Date 7-29-04
PART III a FINANCIAL INFORMATION
Please check with the Department to establish estimates of the capitalized interest rate, project useful life for
financial hardship loans, financing rate, pledged revenue coverage, limitations on annual loan amounts for large
projects, applicability and amount of repayment reserves, amount of the loan service fee and any other information
needed to complete this form.
(1)
PRINCIPAL. The requested amount of the Ioan, excluding capitalized interest is $551,265
The estimate of the capitalized interest is $18,250 based on a financing rate of 2.25%
Note that the disbursable amount will be limited to the priority list amount and must be consistent with the
project information provided under PART II of this application. Also note that the capitalized interest is an
inexact estimates and it is subject to adjustment by the Department to reflect actual disbursement timing. The
principal amount of the loan does not include the loan service fee.
(2) TERMS AND REPAYMENT.
(a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20
years unless the project is to serve a small community qualifying as having a financial hardship. Loans to
financial hardship communities may be amortized over the lesser of useful life of the project or 30 years.
Loans to non-governmental project sponsors are amortized over the lesser of the useful of the project or 10
years. Finance charges and principal are paid semiannually.
(b)
(c)
What is the useful life of the project?
Water tank/ (years)
Pipes - 50
Plant — 20
Over how many years would you like to amortize the loan? 20 (years)
List all revenues that are to be pledged for repayment of this loan. Net revenues of the Wastewater and
Stormwater Enterprise Funds,
Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due
to the Department unless there are other collateral provisions. The excess revenue, or coverage, generally is
15% of each repayment.
What coverage is proposed for the loan? 115% (coverage percentage)
(d) Is any other financial assistance being applied to this project?
If "Yes", please list. (Attachment # )
(3)
ri Yes
X
No
ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be
provided in increments pursuant to the initial loan agreement and subsequent amendments. Each increment
shall have a separate financing rate as established in the agreement or amendment providing that increment.
(4) LOAN REPAYMENT RESERVE. Subject to the Department's approval, a local government may establish a
restricted or assigned reserve account, using its own funds, in an amount not less than the sum of two
semiannual loan repayments in order to reduce the pledged revenue coverage requirement to as low as 1.0
times the annual debt service.
Is a reserve expected to be established using local funds? ❑ Yes X No
If "Yes," describe the locally funded reserve. (Attachment # )
(5) INFORMATION ON LIENS.
(a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this
loan. (Attachment #2)
Form 62-503.900(2) Page 4 of 11
Effective Date 7-29-04
(b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each
prior and parity obligation.
(c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages
thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants,
provisions for issuing additional debt, provisions for bond insurance, and debt rating. (Attachment # ).
(d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment # ).
(6) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years.
(b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of
pledged revenues for loan repayment.
(7) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion.
(Attachment #3) The opinion must address the following:
(a) Availability of the revenues to repay the loan.
(b) Right to increase rates at which revenues shall be collected to repay the loan.
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(8) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee
along with interest thereon will be deducted from the first available repayments after the final amendment to
the loan agreement.
PART IV — AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence
of authorization (Attachment #4) for the following:
(a) Pledging revenues to repay the loan.
(b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan
agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan
disbursements) under the loan agreement.
(2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions
relating to the loan for this project. Applicants should seek further information from the Bureau of Water
Facilities Funding staff as to the applicability of the requirements if the necessity for the assurances is of
concern. Specifically, the Applicant certifies that it has complied, as appropriate, and will comply with the
following requirements, as appropriate, in undertaking the Project:
(a) Assurances for capitalization grant projects.
1. Complete all facilities for which funding has been provided.
2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation
Act of 1966, PL 89-665, as amended, regarding identification and protection of historic properties.
3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation
Plans.
4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project
consistency with the approved State management program developed under this Act.
5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened
or endangered species and their habitats.
Form 62-503.900(2)
Page 5 of 11 Effective Date 7-29-04
6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation,
restoration and maintenance of the historic and cultural environment.
7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts
associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts
associated with the destruction or modification of wetlands and avoiding support of construction in wetlands.
9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground
sources of drinking water.
11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which
prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135,
which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL
92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which
prohibits discrimination on the basis of handicaps.
13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all
qualified persons.
14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction and services.
15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be carried out in accordance with area wide planning activities.
19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which
prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating
in the Project.
20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred
or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs.
21. Minority and Women's Business Enterprise participation in project work using numerical goals, established
by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and
materials contracts.
(b) Assurances for other projects.
1. Chapter 161, Part 1, F.S., "Beach and Shore Preservation Act" and Part III, "Coastal Zone Protection Act of
1985" which regulate coastal zone construction and all activities likely to affect the condition of the beaches
or shore.
Form 62-503.900(2)
Page 6 of 11 Effective Date 7-29-04
2. Chapter 163, Part II, F.S., the "Local Government Comprehensive Planning and Land Development
Regulation Act" which requires units of local government to establish and implement comprehensive planning
programs to control future development.
3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans
and the State Comprehensive Plan.
4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of
archaeological properties of major statewide significance discovered during construction activities.
5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national
wild and scenic rivers system.
6. Chapter 267, F.S., the "Florida Historical Resources Act" which requires identification, protection, and
preservation of historic properties, archaeological and anthropological sites.
7. Chapter 287, Part I, F.S., which prohibits parties convicted of public entity crimes or discrimination from
participating in State -assisted projects and which requires consideration of the utilization of Minority Business
Enterprises in State -assisted projects.
8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or
wounding of an endangered, threatened, or special concern species or intentionally destroying their eggs or
nest.
9. Chapter 373, Part IV, F'.S., Florida Water Resources Act of 1972, which requires that activities on surface
waters or wetlands avoid adversely affecting: public health, safety, welfare, or property: conservation of fish
and wildlife, including endangered or threatened species or their habitats; navigation or the flow of water; the
fishing or recreational values or marine productivity; and significant historical and archaeological resources.
10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to
regulation of developments and implementation of land and water management policies.
11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems,
12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of
the state.
13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management
District's regulations governing the use of land and water resources.
14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning
documentation and intergovernmental coordination.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein
and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have
been duly authorized to file the application and to provide these assurances.
Signed this 3e;5 Day of "
Authorized Representative 9 0.-4 'L rt n•U��.•�
(signal ire)
Attachments
Form 62-503.900(2)
, 2013
David L. Greene
(name typed or printed)
Page 7 of 11 Effective Date 7-29-04
PART V — SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS
(EXCLUDING SRF LOANS)
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least
three additional fiscal years. Use additional pages as necessary.
Note: Not Applicable - The City of Cape Canaveral has no prior or parity liens
except two SFR loans.
#1
#2 #3
Identify Each
Obligation
Coverage % % %
Insured? Yes No Yes No Yes No
Total Debt
Fiscal Annual Debt Service (Principal Plus Interest) Total Service Incl.
Year #1 #2 #3 Debt Service Coverage
2003 $ $ $ $ $
2004 $ $ $ $ $
2005 $ $ $ $ $
2006 $ $ $ $ $
2007 $ $ $ $ $
2008 $ $ $ $ $
2009 $ $ $ $ $
2010 $ $ $ $ $
2011 $ $ $ $ $
2012 $ $ $ $ $
2013 $ $ $ $ $
2014 $ $ $ $ $
2015 $ $ $ $ $
2016 $ $ $ $ $
2017 $ $ $ $ $
2018 $ $ $ $ $
2019 $ $ $ $ $
2020 $ $ $ $ $
2021 $ $ $ $ $
2022 $ $ $ $ $
2023 $ $ $ $ $
2024 $ $ $ $ $
2025 $ $ $ $ $
2027 $ $ $ $ $
2028 $ $ $ $ $
2029 $ $ $ $ $
2030 $ $ $ $ $
Fon 62-503.900(2)
Page 8 of 11 Effective Date 7-29-04
PART V — SUPPLEMENTARY INFORMATION
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
(Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.)
FY 2010 FY 2011
(a) Operating Revenues (Source)
Charges for services $3,537,301 $3,720,696
Miscellaneous 0 18,660
(b) Interest Income 70,127 54,761
(c) Other Income or Revenue (Identify)
Capital Contributions 0
Loss on the sale or disposal of assets 0
(d) Total Revenues 3,607,428 3,794,117
(e) Operating Expenses (excluding
interest on debt, depreciation,
and other non-cash items) 2,174,657 2,244,208
(f) Net Revenues [(f) — (d) — (e)] 1,432,771 1,549,909
(g) Debt Service (including any
required coverage) 746,792 746,792
(h) Attach audited annual financial report(s), or pages thereof, or other documentation necessary to
support the above information. Include any notes or comments from the audit reports regarding
compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged
for repayment of the SRF Loan. (Attachment #5)
(i) Attach worksheets reconciling this page with the appropriate financial statements (for example,
backing out depreciation and interest payments from operating expenses). (Attachment #6)
(j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please
explain what corrective action was taken. (Attachment # )
Form 62-503.900(2)
Page 9 of 11 Effective Date 7-29-04
PART V -- SUPPLEMENTARY INFORMATION
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
Begin with the fiscal year preceding first anticipated semiannual loan payment and continuing for at least three
additional years. Attach a separate page for previous State Revolving Fund loans. (Attachment #7)
FY2014 FY2015 FY2016 FY2017 FY2018
(a) Operating Revenue 4,269,700 4,460,600 4,661,000 4,872,500 5,092,100
(b) Interest Income 37,300 31,900 28,500 41,900 48,700
(c) Other Income or Revenue
(identify)
(d) Total Revenues
(e)
(f)
(8)
Operating Expenses (excluding
interest on debt, depreciation, and
other non-cash items)
Net Revenues (g = e - f)
Revenue (including coverage)
pledged to debt service, excluding
SRF loans
4,307,000 4,492,500 4,689,500
2,912,700
1,394,300
3,019,300 3,129,800
1,473,200 1,559,700
4,914,400 5,140,800
3,244,700 3,363,900
1,669,700 1,776,900
(h) Revenue (including coverage)
pledged to outstanding SRF loans 746,800 746,800 457,300 0 0
(i)
Revenue Available for this SRF
Loan [(i) = (f) — (g) — (h)] 647,500 726,400 1,102,400 1,669,700 1,776,900
(j) Identify the source of the above information and explain methods used to develop the projections (Attachment #8A).
Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases, service
growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other
considerations.
(k) For construction loans, are the above projections consistent with the accepted financial ® Yes P1 No
feasibility information?
If "No", please explain. (Attachment # )
Form 62-503.900(2)
Page 10 of 11 Effective Date 7-29-04
PART V — SUPPLEMENTARY INFORMATION
LIST OF ATTACHMENTS
LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental
information. The application is not complete without the completed List of Attachments. Please list all attachments
that you are including with this application form.
Attachment Number
Wastewater and Stormwater Improvements, Activities, Schedule and Costs 1
Notes and Loans from the Revenues Pledged to Repay this Loan 2
Legal Opinion on the Availability of Pledged Revenues 3
Authorizing Ordinance of the City of Cape Canaveral City Council 4
Pages from the Audited Annual Financial Report for FY10 and FY1 1 5
Expense Reconciliation for Fiscal Year 2010 and Fiscal Year 2011 6
Previous State Revolving Fund Loans 7
Financial Projection Information 8A
Additional Contact 8B
Form 62-503.900(2)
Page 11 of 11 Effective Date 7-29-04
Attachment #1
Wastewater and Stormwater Improvements
Activities, Schedule and Costs
Wastewater Improvements
Preconstruction activities will include planning, design and permitting for portions of the City's aging
Wastewater Treatment Facilities that are in need of upgrading and refurbishment as described in the
Request for Inclusion (RFI) Form. This work includes the reconfiguration of the oxidation ditch and the
rebuilding of the sludge belt press. A new 3 MG Reclaimed Water Storage Tank needed to augment the
existing 1 MG tank is included. An upgrade design to the existing Lift Station #9 and the replacement of a
portion of undersized sewer line with a 10 inch line under Holman Road to prevent a large influx of
wastewater from backing up into an adjacent home is included in the work. Additional projects may be
added during the planning phase of the work.
(Note that the Holman Road work was not included in the RFL)
Schedule:
Planning Completed May 2013
Engineering Work July 2013
Site Certificate and Permit July 2013
Preliminary Construction Cost Estimate:
Oxidation Ditch Reconfiguration $1,444,700
Sludge Belt Refurbishment 641,400
3 MG Reclaimed Water Tank 1,289,000
Holman Road Sewer Upgrade 682,900
Subtotal Wastewater $4,058,000
Stormwater Improvements
Preconstruction activities will include planning, design and permitting for several projects needed to
upgrade and expand the City's Stormwater Management Facilities as described in the RFI. Plans include
the North Central Ditch Project scheduled to be a two phase project to install triple 48" diameter
Reinforced Concrete Pipes (RCPs) for a distance of approximately 800 feet. The North Atlantic Avenue
Streetscape Project involves Stormwater improvements along both sides of North Atlantic Avenue for a
distance of about 6,500 feet. The West Central Boulevard Pipe Replacement Project is needed to replace
about 950 feet of severely corroded metal pipe along the northern side of West Central Boulevard. The
Central Ditch Dredging Project includes the dredging of the Central Ditch from West Central Boulevard
to near SR Al A, a distance of approximately 950 feet. The Canaveral City Park Stormwater Exfiltration
System project will redirect stormwater to an exfiltration system located beneath two ball fields.
Additional projects may be added during the planning phase of the work. (Note that the Canaveral City
Park Stornawater Exfiltration project was not included in the RFI.)
Schedule:
Planning Completed
Engineering Work
Site Certificate and Permit
May 2013
Dec. 2013
Dec. 2013
1 revised 2/11/13
Preliminary Construction Cost Estimate:
North Central Ditch Phase 1 $303,500
North Central Ditch Phase 2 43,500
North Atlantic Ave. Streetscape 468,300
West Central Pipe Replacement 211,400
Central Ditch Dredging 149,700
Canaveral City Park Exfiltration 1,280,700
Subtotal Stormwater $2,457,100
Total Construction Cost $6,515,100
Contingency 651,500
Technical Services During Construction 195,500
SRF Allowance 606,600
Total CWSRF Eligible Cost $7,968,700
2 revised 2/11/13
Attachment #2
Notes and Loans from the Revenues Pledged to Repay this Loan
The only outstanding City Debt Obligations pledged against the net revenues of the Wastewater and
Stormwater Enterprise Funds are two Florida Department of Environmental Protection SRF loans listed
below.
State Revolving Fund Loan No. CS120825020 with semiannual payments of $251,693.75 secured by the
Wastewater Enterprise Fund Utility Revenue.
State Revolving Fund Loan No. CS120825030 with semiannual payments of $72,997,88 secured by the
Wastewater Enterprise Fund Utility Revenue.
Final payments on these two existing loans are scheduled for 2016.
Attachment #3
Leial Opinion on the Availabilitv of P1edeed Revenues
[Brown, Garganese, Weiss & D'Agresta, P.A. Letterhead]
DRAFT
Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, FL 32399-2400
RE: CITY OF CAPE CANAVERAL
S.R.F. Project # 05050
Dear Sirs:
The undersigned law firm is the duly appointed City Attorney for the City of Cape
Canaveral, Florida (the "City"). In such capacity, we have participated in various proceedings in
connection with a loan from the State of Florida Department of Environmental Protection in an
amount approximating $551,265, plus capitalized interest, pursuant to the State Revolving Fund
For Point Source Water Pollution Control Loan application, which was approved by the City
Council pursuant to Ordinance No. 01-2013 at a duly held public meeting on February 19, 2013
(the "Loan Application"). All terms not otherwise defined herein shall have the meanings
ascribed thereto in the Loan Agreement, approved by the City Council on (the
"Loan Agreement").
In rendering the opinions set forth herein, we have examined the proceedings of the City
in connection with the authorization and execution of the Loan Application, Loan Agreement,
relevant provisions of the Constitution of the State of Florida, the Florida Statutes, the City
Charter, and other provisions of law as we deemed applicable. We have also made such
investigations and have examined such ordinances, resolutions, certificates and documents as we
have deemed relevant and necessary in connection with the opinions expressed below.
As to questions of fact material to our opinion, we have relied upon representations of the
City contained in the certified proceedings of the City Council and other certifications of public
officials furnished to us, without undertaking to verify the same by independent investigation.
We have not undertaken independent audit, examination, investigation or inspection of such
matters and have relied solely on the facts, estimates and circumstances described in such
proceedings and certifications. We have assumed the genuineness of signatures on all
documents and instruments, the authenticity of documents submitted as originals and the
conformity to originals of documents submitted as copies.
Based upon the foregoing, we are of the opinion that as of the date of this letter, that:
(a) Upon execution by the Department of Environmental Protection and the City, the
Loan Agreement will constitute a special obligation of the City, and the principal and interest
payment thereunder, subject to bankruptcy laws and other laws affecting creditors' rights and to
exercise of judicial discretion, will be payable from and secured by a lien upon the Pledged
Revenues. The Loan Agreement and the lien on the Pledged Revenues created thereby will be
valid and enforceable in accordance with their terms, subject to bankruptcy laws and other laws
affecting creditors' rights and to the exercise of judicial discretion, and the lien on the Pledged
Revenues will have been perfected in accordance with applicable law.
(b) The City has the authority to increase stormwater and sewer rates to ensure
repayment of the Loan, subject to applicable general and special laws.
(c) The Pledged Revenues shall be expressly subject and subordinate to the following
prior liens:
Florida Department of Environmental Protection, Loan# CS120825020, secured by the
Wastewater Enterprise Fund Utility Revenue; and
Florida Department of Environmental Protection, Loan# CS 120825030, secured by the
Wastewater Enterprise Fund Utility Revenue.
Furthermore, we advise the State of Florida that the Loan Agreement and any interest and
principal due to be paid thereunder shall not constitute a general obligation or general
indebtedness of the City within the meaning of the Constitution and laws of Florida. The Loan
Agreement and any interest and principal due to be paid thereunder shall not constitute a pledge
of the full faith and credit of the City or a lien upon any property of the City other than as
provided in the Loan Agreement and under prior liens on the Pledged Revenues. Further, we
also advise the State of Florida that the State of Florida shall not have the right to compel the
exercise of any taxing power of the City to pay the Loan Agreement or the interest and principal
due to be paid thereunder, and the Loan Agreement shall be secured solely by the Pledged
Revenues as provided in the Loan Agreement.
The opinions expressed herein are predicated upon present law (and interpretations
thereof), facts and circumstances, and we assume no affirmative obligation to update the
opinions expressed herein if such laws (and interpretations thereof), facts or circumstances
change after the date hereof.
Sincerely,
BROWN, GARGANESE, WEISS &
D'AGRESTA, P.A.
Anthony A. Garganese
City Attorney
AAG!
cc: Mr. David Greene, City Manager
Attachment #4
Authorizing Ordinance of the Cape Canaveral City Council
ORDINANCE NO. 01-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO THE
STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION
2.12(5) OF THE CITY CHARTER AUTHORIZING ONE OR MORE
LOAN APPLICATIONS TO BE FILED WITH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION IN A TOTAL
AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS FOR
PURPOSES OF FUNDING CERTAIN WASTEWATER AND
STORMWATER IMPROVEMENT PROJECTS; AUTHORIZING THE
LOAN AGREEMENT(S); ESTABLISHING PLEDGED REVENUES;
DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING
ASSURANCES; PROVIDLNG FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for loans to local government agencies to finance
the construction of water pollution control facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans;
to establish pledged revenues; to designate an authorized representative; to provide assurances cif
compliance with loan program requirements; and to enter into loan agreements; and
WHEREAS, the State Revolving Fund loan priority list designates Project Number
WW05050 as eligible for available funding; and
WHEREAS, the City of Cape Canaveral, Florida, intends to enter into a loan agreement
with the Department of Environmental Protection (hereinafter referred to as the "Department")
under the State Revolving Fund for project financing.
NOW, THEREFORE, the City of Cape Canaveral, Florida hereby ordains:
SECTION 1. Recitals. The foregoing findings are incorporated herein by reference
and inade a part hereof.
SECTION 2. Legal Authority. The legal authority for borrowing moneys to
construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the
Cape Canaveral Charter.
SECTION 3. Authorization. The City Council of the City of Cape Canaveral hereby
authorizes City staff; on behalf of the City, to apply for one or more State of Florida revolving
loans for point source water pollution control in the amount of approximately Eight Million
Dollars ($8,000,000.00) to finance the preconstruction activities and construction of certain
wastewater and stormwater improvements (hereinafter "Loan").
City of Cape Canaveral
Ordinance No. 01-2013
Page 1 of 4
SECTION 4. Establishing Pledged Revenues. The revenues pledged for the
repayment of the Loan(s) are net sewer and stormwater utility system revenues after payment of
operating and maintenance expenses of the systems and of debt service on any previous SRF
loans of the City.
SECTION 5. Description of Loan(s) and any Associated Notes. The Loan(s) and
any associated Note(s) shall be dated the date of its execution and delivery, which shall be a date
agreed upon by the City and the Department, subject to the following terms:
(A) Interest Rate. The interest rate shall have a fixed interest rate not to exceed
3.25%, subject to adjustment upon the occurrence of certain non or late payment events as
expressly provided in the Loan(s) and any associated Note(s),
(B) Principal and Interest Payment Dates. Principal and interest payments shall be
made in accordance with the terms and conditions approved by the City Manager in the Loan
Application(s).
(C) Form of any Notes. Any Note(s) required by the lender shall be in forrn
approved by the City Manager and City Attorney consistent with the terms and conditions of this
Ordinance.
SECTION 6. Designation of Citv's Lead Authorized Representative. The City
Council of the City of Cape Canaveral hereby designates the City Manager as the City's lead
authorized representative to provide the assurances and commitments required by the loan
application(s).
SECTION 7. Limitation of Riehts. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Ordinance or any notes
executed in furtherance of this Ordinance are intended or shall be construed to give to any person
other than the City and the Department any legal or equitable right, remedy or claim under or
with respect to this Ordinance or any covenants, conditions and provisions herein contained; this
Ordinance and all of the covenants, conditions and provisions hereof being intended to be and
being for the sole and exclusive benefit of the City and the Department.
SECTION 8. General Authority. The Mayor, City Manager, Assistant City Manager,
City Attorney, and Finance Director of the City, or any of them, are hereby authorized, in
connection with the Loan(s) and to do all things and to take any and all actions on behalf of the
City; to execute and deliver any notes and documents; to provide disclosures concerning the
City; and to finalize and close the transactions specified in all such agreements or arrangements
(including any amendments or modifications thereof), including, without limitation, the
execution and delivery of any and all documents and instruments deemed appropriate by any of
such officers, and the making of any appropriate statements, representations, certifications and
confirmations on behalf of the City, and in their respective capacities as officers thereof,
necessary, appropriate or convenient to effectuate and expedite the consummation of the
transactions specified herein, and any and all of the covenants, agreements and conditions of the
City of Cape Canaveral
Ordinance No. 01-2013
Page 2 of 4
City, the approval of the City and all corporate power and authority for such actions to be
conclusively evidenced by the execution and delivery thereof by any of such officers.
SECTION 9. Execution and Authentication of Loanfsl. The Loan(s), and any
associated note(s), shall be executed in the name of the City by its Mayor and the corporate seal
of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by
its City Clerk. The authorized signatures for the Mayor and City Clerk shall be either manual or
in facsimile, Any Loan(s) and associated Note(s) may be signed and sealed on behalf of the
City by such person as at the actual time of the execution of such Loan(s) and associated Note(s)
shall hold the proper office, although at the date of such Loan(s) and associated Note(s) such
person may not have held such office or may not have been so authorized.
SECTION 10. Application of Proceeds. Proceeds received by the City from the
Loan(s) shall be used to pay the costs incurred by the City for the preconstruetion activities and
construction of certain wastewater and stoimwater improvements authorized by Section 3 of this
Ordinance.
The City Manager shall establish and create funds and accounts to maintain the loan
proceeds and such funds and accounts shall be considered trust funds for the purpose provided
herein for such funds. Moneys on deposit to the credit of all funds and accounts created
hereunder may be invested pursuant to applicable law and the City's written investment policy
and shall mature not later than the dates on which such moneys shall be needed to make
payments in the manner herein provided. The securities so purchased as an investment of funds
shall be deemed at all times to be a part of the account from which the said investment was
withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited
to such fund or account, except as expressly provided in this Ordinance, and any loss resulting
from such investment shall likewise be charged to said fund or account.
SECTION 11. Pavrnent of Principal and Interest; Limited Obligation., The City
promises that it will promptly pay the principal of and interest on the Loan(s) at the place, on the
dates and in the manner provided therein according to the true intent and meaning hereof and
thereof. The Loan(s) shall be secured by a pledge of and lien upon the Pledged Revenues in the
manner and to the extent described herein. The Loan(s) shall not be or constitute general
obligations or indebtedness of the City as a "bond" within the meaning of Article VII, Section
12 of the Constitution of Florida, but shall be payable solely from the Pledged Revenues in
accordance with the terms hereof. No holder of the Loan(s) issued hereunder shall ever have the
right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax
revenues to pay such Loan(s), or be entitled to payment of such Loan(s) from any funds of the
City except from the Pledged Revenues as described herein,
SECTION 12. Tax Covenant. The City covenants to the Department of the proceeds
provided for in this Ordinance that the City will not make any use of the proceeds received
hereunder any time during the term of the Loan(s) which, if such use had been reasonably
expected on the date the Loan(s) was issued, would have caused such Loan(s) to be an "arbitrage
bond" within the meaning of the Internal Revenue Code, The City will comply with the
requirements of the Internal Revenue Code and any valid and applicable rules and regulations
City of Cape Canaveral
Ordinance No. 01-2013
Page 3 of 4
promulgated thereunder necessary to ensure, to the extent applicable, the exclusion of interest on
the Loan(s) from the gross income of the holders of the Loan(s) thereof for purposes of federal
income taxation.
SECTION 13. Reveal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions iu conflict herewith, are hereby repealed to the extent of' the conflict.
SECTION 14, Not Incorporated into Code. This Ordinance shall not be
incorporated into the Cape Canaveral City Code.
SECTION 15. Severability. If any section, subsection, sentence, clause, phrase, word
or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
SECTION 16. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
, 2013.
clay of
ATTEST:
Angela M. Apperson,
Assistant City WfatiageriCity Clerk
Approved as to Form_ and legal sufficiency
for the City of Cape Canaveral only:
Anthony A. Garganes , Attorney
Rocky Randels, Mayor
Name
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 01-2013
Page 4 of 4
For Against
Attachment #5
Pates from the Audited Annual Financial Report for FY10 and FY11
Pages of the City of Cape Canaveral's Comprehensive Annual Financial Report (CAFR) supporting
PART V — SUPPLEMENTARY INFORMATION for Fiscal Year 2010 and Fiscal Year 2011.
CITY OF CAPE CANAVERAL, FLORIDA
STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND) NET ASSETS
PROPRIETARY FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2010
Business -type Activities - Enterprise Funds
Sewer Fund Stormwater Fund Total
Operating revenues
Charges for sales and services:
Sewer charges $ 3,191,340 $ - $ 3,191,340
Stormwater charges 345,961 345,961
Total operating revenues 3,191,340 345,961 3,537,301
Operating expenses
Operating and maintenance:
Personal services 1,249,116 15,489 1,264,605
Materials and supplies 146,567 1,126 147,693
Other operating and maintenance 594,340 168,019 762,359
Depreciation 796,461 56,213 852,674
Total operating expenses 2,786,484 240,847 3,027,331
Operating income 404,856 105,114 509,970
Nonoperating revenues (expenses)
Investment earnings 45,619 24,508 70,127
Loss on sale or disposal of assets (5,142) (5,142)
interest expense (110,734) (110,734)
Amortization of loan costs (9,291) (9,291)
Total nonoperating revenues (expenses) (79,548) 24,508 (55,040)
Income before capital contributions and transfers 325,308 129,622 454,930
Capital contributions - 200 200
Transfers out (125,000) - (125.000)
Changes in net assets 200,308 129,822 330,130
Total net assets, beginning of year, as restated 12,790,609 2,006,050 14,796,659
Total net assets, end of year $ I2,990,917 $ 2,135,872 $ 15,126,789
The accompanying notes to financial statements
are an integral part of this statement.
- 46 -
CITY OF CAPE CANAVERAL, FLORIDA
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2010
Business -type Activities- Enterprise Funds
Sewer Fund Stormweter Fund Total
Cash flows from operating activities
Cash received from customer: $ 3,178,118 5 349,827 $ 3,527,945
Cash paid to suppliers (782,351) (146,941) (929,292)
Cash paid to employee: (1,242,446) (20,254) (1,262,700)
Net cash provided by operating activities 1,153,321 182,632 1,335,953
Cash flows from noncapital financing activities
Transfers out (125.000) (125,000)
Net cash used in noncapital financing activities (125,000) (125,000)
Cash flows from capital and related financing activities
Principal payments on capital deb (533,845) (533,845)
Interest paid (115,538) - (115,538)
Proceeds from capital grants and contribution 200 200
Acquisition and construction of capital asset (126,736) (125,432) (252,168)
Net cash used in capital and relate(
financing activities (776,119) (125,232) (901,351)
Cash flows from investing activities
Interest receivec 45,619 24,509 70,128
Net increase in cash and cash equivalents 297,821 81,909 379,730
Cash and cash equivalents, beginning of year, as restate( 1,499,931 893,451 2,393,382
Cash and cash equivalents, end of year $ 1,797,752 $ 9751360 $ 2,773,112
Reconciliation of operating income to net
cash provided by operating activities
Operating income $ 404,856 $ 105,114 $ 509,970
Adjustment to reconcile operating income t
net cash provided by operating activities
Depreciation 796,461 56,213 852,674
Decrease (increase) in certain assets
Accounts receivabh 511,434 69,957 581,391
Due from other governments (524,656) (66,091) (590,747)
Inventories and prepaid item: 228 379 607
Increase (decrease) in certain liabilitie
Compensated absences payable 2,077 (4,438) (2,361)
Accounts payable and accrued Iiabililit (42,456) 21,420 (21,036)
Net OPER liability 5,377 78 5,455
Net cash provided by (used in) operating aciivitic $ 1,153,321 $ 182,632 $ 1,335,953
The accompanying notes to financial statements
are an integral part of this statement.
- 47 -
CITY OF CAPE CANAVERAL, FLORIDA
STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS
PROPRIETARY FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2011
Business -type Activities - Enterprise Funds
Sewer Fund Stormwater Fund Total
Operating revenues
Charges for sales and services:
Sewer charges $ 3,376,100 $ - $ 3,376,100
Stormwater charges 344,596 344,596
Miscellaneous 18,660 18,660
Total operating revenues 3,376,100 363,256 3,739,356
Operating expenses
Operating and maintenance:
Personal services 1,209,101 40,321 1,249,422
Materials and supplies 128,009 3,113 131,122
Other operating and maintenance 685,454 178,210 863,664
Depreciation 807,878 57,569 865,447
Total operating expenses 2,830,442 279,213 3,109,655
Operating income 545,658 84,043 629,701
Nonoperating revenues (expenses)
investment earnings 36,615 18,146 54,761
Interest expense (94,996) - (94,996)
Amortization of loan costs (9,291) - (9,291)
Total nonoperating revenues (expenses) (67,672) 18,146 (49,526)
Income before capital contributions and transfers 477,986 102,189 580,175
Transfers out (125,000) (125,000)
Changes in net assets 352,986 102,189 455,175
Total net assets, beginning of year 12,990,917 2,135,872 15,126,789
Total net assets, end of year $ 13,343,903 $ 2,238,061 $ 15,581,964
The accompanying notes to financial statements
are an integral part of this statement.
- 46 -
CITY OF CAPE CANAVERAL, FLORIDA
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2011
Cash flows from operating activities
Cash received from customers
Cash paid to suppliers
Cash paid to employees
Net cash provided by operating activities
Cash flows from noncapital financing activities
Transfers out
Net cash used in noncapital financing activities
Cash flows from capital and related financing activities
Principal payments on capital debt
Interest paid
Acquisition and construction of capital assets
Net cash used in capital and related
financing activities
Cash flows from investing activities
Interest received
Net increase in cash and cash equivalents
Cash and cash equivalents, beginning of year
Cash and cash equivalents, end of year
Reconciliation of operating income to net
cash provided by operating activities
Operating income
Adjustment to reconcile operating income to
net cash provided by operating activities:
Depreciation
Decrease (increase) in certain assets:
Accounts receivable
Due from other governments
Inventories and prepaid items
Increase(decrease) in certain liabilities:
Compensated absences payable
Accounts payable and accrued liabilities
Net OPER liability
Net cash provided by (used in) operating activities
Business -type Activities - Enterprise Funds
Sewer Fund Stormwater Fund
$ 3,406,868 $
(795,334)
(1,216,816)
1,394,718
(125,000)
(125,000)
(550,268)
(99,016)
(215,122)
(864,406)
36,615
441,927
1,797,752
2,239,679 $
545,658 $
807,878
(493,888)
524,656
(1,063)
(10,410)
19,192
2,695
$ 1,394,718 $
The accompanying notes to financial statements
are an integral part of this statement_
_47_
Total
364,823 $ 3,771,691
(93,851) (889,185)
(37,037) (1,253,853)
233,935 1,628,653
(125,000)
(125,000
(550,268)
(99,016)
(436,092) (651,214)
(436,092) (1,300,498)
18,147 54,762
(184,010) 257,917
975,360 2,773,112
791,350 $ 3,031,029
84,043 $ 629,701
57,569 865,447
(64,524) (558,412)
66,091 590,747
31 (1,032)
3,217 (7,193)
87,441 106,633
67 2,762
233,935 $ 1,628,653
Attachment #6
Expense Reconciliation for Fiscal Year 2010 and Fiscal Year 2011
ODeratinc Expenses
FY2010 FY2011
Operating Expenses per CAFR $3,027,331 $3,109,655
Depreciation Expense (852,674) (865,447)
Net Cash Expense $2.174.657 $2.244.208
Attachment #7
Previous State Revolving Fund Loans
The City's two previous State Revolving Fund Loans are summarized below:
State Revolving Fund Loan No. CS120825020 with semiannual payments of $251,693.75 secured by the
Wastewater Enterprise Fund Utility Revenue.
FY2010 FY2011
Principal 415,942 Principal 428,838
Interest
87,446 Interest 74,551
State Revolving Fund Loan No. CS120825030 with semiannual payments of $72,997.88 secured by the
Wastewater Enterprise Fund Utility Revenue.
FY2010 FY2011
Principal 117,903 Principal 121,431
Interest
28,093 Interest 24,565
Attachment #8
A. Financial Projection Information
Financial Projections were based on the Fiscal Year 2013 Adopted City Budget and a Sewer
System Rate Study prepared in February 2012 by Raftelis Financial Consultants. The Stormwater
Rate was increased 66.67% in Fiscal Year 2012. Sewer revenues have an automatic annual
increase of 5% every October 1 through Fiscal Year 2016. Effective in Fiscal Year 2013,
Reclaimed Water was established as a flat rate service. Service levels for each property are based
upon Equivalent Reclaimed Irrigation Connections (ERICs), which are defined by the size of the
pipe providing reclaimed water to each property. These service levels and resulting reclaimed
water rates are defined as follows:
o 1 -inch diameter connection — 1 ERIC (rate of $6.33 per month);
o 2 -inch diameter connection — 4 ERICs (rate of $25.32 per month): and
o 4 -inch diameter connection — 12 ERICs (rate of $75.96 per month).
B. Additional Contact
Don Berryhill, P.E.
The Berryhill Group, LLC
1528 Woodgate Way
Tallahassee, Florida 32308
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No. 7A
Subject: Resolution No. 2013-02; adopting the City of Cape Canaveral, Florida
Wastewater and Stormwater Facilities Plan 2013-2033; authorizing the submittal of the
Plan to the Florida Department of Environmental Protection; providing for the repeal of
prior inconsistent resolutions, severability, and an effective date.
Department: Public Works Services.
Summary: As part of the requirements of the State Revolving Fund (SRF) Program
administered by Florida Department of Environmental Protection (FDEP), the City of
Cape Canaveral (City) is required to prepare and submit a Facilities Plan (Plan) for
review and comment. The Plan includes background information, project descriptions
and estimated costs for the completion of ten (10) selected Wastewater and Stormwater
improvement projects. Since the City previously elected to submit a SRF Loan
Application to FDEP, the City consulted with Baskerville -Donovan, Inc. (BDI) to prepare
a Plan. The City Council approved funds in the amount of $71,980 for the preparation of
the Plan at the August 21, 2012 City Council Meeting. Upon approval by the City
Council, the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities Plan
2013-2033, dated February 2013, will be submitted to FDEP for review and comment. A
copy of the Plan was previously provided.
If the City's Loan Application is approved by FDEP, preconstruction moneys for
engineering fees and other preliminary tasks will be available to the City in mid -2013. A
Construction Loan Application will then be submitted to obtain construction project
funds.
Submitting Department Director: Jeff Ratliff ) Date: 02/08/13
Attachments:
Resolution No. 2013-02; City of Cape Canaveral, Florida Wastewater and Stormwater
Facilities Plan 2013-2033 (previously provided).
' Financial Impact: $71,980 was approved for the Wastewater and Stormwater Facilities
Plan. Plan approval is required by FDEP and the preparation cost will be recovered in
the preconstruction loan proceeds.
\,
Reviewed by Finance Director: John McGinnis Date: a -f2 /
The City Manager recommends that City Council take the following action(s):
Adopt Resolution No. 2013-02.
Approved by City Manager: David L. Greene k.9 Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2013-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, ADOPTING THE CITY OF CAPE
CANAVERAL, FLORIDA WASTEWATER AND STORMWATER
FACILITIES PLAN 2013-2033; AUTHORIZING THE SUBMITTAL OF
THE PLAN TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral has consulted with Baskerville -Donovan, Inc.
in the preparation of the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities
Plan 2013-2033, dated February 2013 (Plan); and
WHEREAS, the City has determined that the projects recommended in the Plan are in
the best interests of its citizens; and
WHEREAS, in furtherance of the City of Cape Canaveral seeking funding from the
Florida Department of Environmental Protection (FDEP) under its State Revolving Fund (SRF)
Program to fund improvements for the benefit of its citizens, the City of Cape Canaveral desires
to formally adopt the recommendations in the Plan, inclusive of the Capital Financing Plan
contained therein; and
WHEREAS, the City Council of the City of Cape Canaveral finds this Resolution to be
in the best interests of the health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Adoption of the Cape Canaveral, Florida Wastewater and Stormwater
Facilities Plan 2013-2033. The City Council of the City of Cape Canaveral hereby approves
and adopts the Plan, prepared by Baskerville -Donovan, Inc., available for public inspection
during regular business hours at Cape Canaveral City Hall.
Section 3. Authorization to Submit the Plan to FDEP. The City Council of the City of
Cape Canaveral hereby expressly authorizes City staff to submit the Plan to the FDEP.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council are hereby expressly repealed to the extent of the conflict.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or
City of Cape Canaveral, FL
Resolution No. 2013-02
Page 2 of 2
procedural reasons, such portion shall be deemed a separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption.
ADOPTED by the City of Cape Canaveral, Florida, this 19th day of February, 2013.
ATTEST:
Angela Apperson, Assistant City
Manager/City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, MAYOR
Name
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
For Against
Attachment
City of Cape Canaveral
Wastewater and Stormwater Facilities Plan
2013-2033
_.{Lie to the voll 315 0
revi wed :t the.folio inci °cations::
The City of Cape Canaveral
City Clerk's Office
105 Polk Avenue
Cape Canaveral, FL 32920
t rna
Public Works Services
601 Thurm Boulevard
Cape Canaveral, FL 32920
City Council Meeting of Tuesday, February 19th 2013 at 6pm
City of Cape Canaveral Library Meeting Room
201 Polk Avenue
City of Cape Canaveral, FL 32920
Ivo
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No.
Subject: Ordinance No. 03-2013; amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances related to commercial parking facilities in the A1A
Economic Opportunity Overlay District; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an effective
date, first reading.
Department: Community and Economic Development
Summary: Prior to the adoption of the A1A Economic Opportunity Overlay District on
July 17, 2012, commercial parking facilities were not allowed in the City. With the
adoption of the Overlay, commercial parking facilities became a special exception use in
the M-1 Zoning portion of the Overlay District.
In a letter dated August 20, 2012, Mr. Charles Pindziak requested that commercial
parking facilities be changed from a special exception to a principal use. The Planning
& Zoning Board discussed the request on October 24, 2012 and directed Staff to draft
an Ordinance making commercial parking facilities a principal use and provide
screening and landscape requirements specific to this use. On December 12, 2012, the
P&Z Board reviewed the proposed Ordinance and recommended approval.
On January 15, 2013, Council heard the Ordinance with the following recommendation:
"Staff supports the Board's recommendation, but does not believe the language in the
Ordinance represents the intent of Staff or the Board for screening and landscaping. It
was the intent of Staff for the parking facility to be enclosed by fence or wall, but only
provide the landscape buffer where visible from public view. The Ordinance, as drafted,
requires a landscape buffer around the entire perimeter whether or not it is visible from
public view and only requires a wall or fence where visible from public view."
Accordingly, the Council unanimously agreed to return the Ordinance to the P&Z Board
for further review and addition of a definition for "commercial parking facility".
Planning & Zoning Board reconsidered the Ordinance on January 23, 2013, and
recommended approval with revisions that clearly identify screening requirements and
adds the following definition: "Commercial parking facility shall mean a facility primarily
engaged in the commercial enterprise of providing parking spaces for licensed motor
vehicles, usually on an hourly, daily or monthly basis. Commercial parking facilities
shall not include those facilities for the storage of boats, trailers, trailerable items,
recreational vehicles, unlicensed vehicles or other special purpose vehicles".
The Notice of Public Hearing was publishe1 on February 7, 2013.
Submitting Director: Barry Brown \
Attachment: Ordinance No. 03-2013.
Date:02/07/2013
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
City Council Meeting Date: 02/19/2013
Rem No.
Page 2 of 2
Reviewed by Finance Director: John McGinnis 1-,q-,Yry.? Date:
The City Manager recommends that City Counci take tIA,e following action:
Adopt Ordinance No. 03-2013, first reading.
Approved by City Manager: David L. Greene tO Date:
City Council Action:[ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 03-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
COMMERCIAL PARKING FACILITIES IN THE AIA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 11-2012, which
established the AIA Economic Opportunity Overlay District ("EOOD") to promote hospitality
related commercial development capitalizing on the Port of Canaveral; to provide guidance and
direction in the design of new buildings and rehabilitation of existing buildings and storefronts in
order to improve their appearance; to enhance the A1A corridor's identity; and to promote a
pedestrian -friendly environment; and
WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow
commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and
Development District; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
City of Cape Canaveral
Ordinance No. 03-2013
Page 1 of 5
this Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Commercial parkin- facility shall mean a facility primarily engaged in the commercial
enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or
monthly basis. Commercial parking facilities shall not include those facilities for the storage of
boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose
vehicles.
* * *
ARTICLE X. A1A ECONOMIC OPPORTUNITY OVERLY DISTRICT
* * *
DIVISION 2. ADMINISTRATION
* * *
Sec. 110-609. - Use matrix.
The A1A Economic Opportunity Overlay District is intended to serve as both the main
gateway area into the city as well as the main street to the city's proposed Town Center. The district
will have the most intense commercial intensity along A1A and there will be a transition between
the land use, circulation, and streetscape along Central Boulevard. The following land use matrix
(Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE),
or not allowed (NA).
Table 1— Land use matrix.
*Uses (not a complete listing) C-1 C-2 M-1
Retail P P
City of Cape Canaveral
Ordinance No. 03-2013
Page 2 of 5
'p
Personal Services P P 'SE
Hotels and Motels P 'P `SE
Banks P P 'SE
Assisted Living Facility SE 'SE NA
'Pharmacies P P NA
'Flex space (office, showroom, warehouse) SE SE P
'Convenience store w/gas SE SE P
'High tech / light manufacturing SE P P
'Warehousing NA SE P
'Off-site cruise ship parking accessory to hotels and SE SE SE
motels
Commercial Parking Facility (minimum lot size of 5 NA NA SE 3P
acres)
'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA)
Development Agreement (DA)]
'Attraction and Destination uses PD PD PD
'Mixed Use Development uses (i.e. Town Center) PD PD PD
'Added Use
'Use included to clarify intent of code
3Subiect to specific screening requirements set forth in section 110-690 of this Code
'Uses not specifically listed may be approved as a Planned Development (PD)
***
DIVISION 6. LANDSCAPING
* * *
Sec. 110-687. - Project perimeter.
(1) To create visual interest and transition on the perimeter between adjacent properties,
a landscaped area shall be provided between the adjacent properties and the public right-of-
way.
City of Cape Canaveral
Ordinance No. 03-2013
Page 3 of 5
a. The landscaped area shall be equal to the full linear length of the property and
have a minimum depth of five feet.
b. At least 50 percent of the required landscaped area shall consist of
landscaping capable of achieving a minimum of 30 inches in height, with one
medium or large tree planted for each 25 feet or fraction thereof of the linear property
length, or one small tree or palm tree planted for each 15 feet or fraction thereof of
the linear property length.
c. The layout of the required landscaped area shall be at the discretion of the
owner, such that the required square footage may be aggregated to provide maximum
aesthetic value. However, each perimeter requiring landscape must have at least 50
percent of the required landscape along that perimeter.
d. Unless otherwise expressly required by this article, the community and
economic development director may exempt a perimeter boundary from this section
if the community and economic development director determines that the perimeter
boundary does not abut a public space, including, but not limited to, a public road,
sidewalk or park, and the perimeter boundary does not create any visual interest or
transition on the perimeter between adjacent properties.
e. Commercial parking facilities subject to section 110-690 are exempt from this
section.
***
Sec. 110-690. - lii ,:. y :1: Required screening for commercial parking facilities.
A commercial parking facility shall include a fence or wall around the perimeter of the
facility. Further, a perimeter boundary landscape buffer shall be required when a commercial
parking facility is located adjacent to a non -industrial type use or a public space, including, but not
limited to, a public road, sidewalk or park. The community and economic development director may
exempt a perimeter boundary from the landscape buffer requirement when the perimeter boundary
is located adjacent to a non -industrial type use and the landscaping would not be visible from the
non -industrial use. Landscape buffers required pursuant to this section shall be consistent with the
following:
Opaque walls and fences shall be continuously landscaped along the outside
perimeter using shrubs and trees with minimal gaps or breaks in between plantings.
Chain link fencing or other non-opaque walls or fences shall be continuously
landscaped along the outside perimeter with shrubs, plus one (1110 -point tree, as defined by
section 110-567, every 35 feet in order to provide an opaque screen.
City of Cape Canaveral
Ordinance No. 03-2013
Page 4 of 6
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2013.
ATTEST:
ANGELA APPERSON,
City Clerk / Assistant City Manager
First Legal Ad Published:
First Reading:
Second Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Rocky Randels, Mayor
For Against
ANTHONY A. GARGANESE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 03-2013
Page 5 of 5
"17
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No.
Subject: Ordinance No. 04-2013; amending the definition of "height of building" set
forth in Section 110-1 of the Cape Canaveral Code of Ordinances; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: On September 18, 2012, City Council discussed how building height is
measured and how to prohibit artificially raising the grade to allow measurement of
building height from the new grade. After discussion, consensus was reached to have
the Planning & Zoning Board study the definition of building height and provide a
recommendation to the City Council. Per Section 110-1, "height of building" is defined
as follows:
Height of building means the vertical distance from 12 inches above the crown of the fronting road
or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the
deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and
gambrel roofs. Measurement must be in compliance with the 100 -year flood level, as determined by
the Federal Emergency Management Agency.
On October 24, 2012, P&Z Board discussed amendments to clarify the intent of the
Code and directed Staff to prepare an Ordinance adding the following language:
"Excess fill placed at or around any portion of the building shall not be used as a means
to circumvent any maximum height requirement."
On December 12, 2012, the Board continued discussion of the Ordinance and
determined that a definition of "excess fill" was needed. At its January 23, 2013
meeting, the P&Z Board agreed to a definition for excess fill as "fill placed above the
first/ground floor elevation"and recommended adoption of the Ordinance.
Submitting Director: Barry Brown 'V7
Attachment: Ordinance No. 04-2013.
Date:02/07/2013
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Date: -i
Reviewed by Finance Director: John McGinnis (2, , 1(1',.
i
The City Manager recommends that City Counefl tak the following action:
Adopt Ordinance No. 04-2013, first reading.
Approved by City Manager: David L. Greene
Date:
City Council Meeting Date: 02/19/2013
Item No. H
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 04-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE DEFINITION OF "HEIGHT OF
BUILDING" SET FORTH IN SECTION 110-1 OF THE CAPE
CANAVERAL CODE OF ORDINANCES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VllI, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to clarify the definition of "height of building" set
forth in Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 110-1. Section 110-1, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Section 110-1. It is intended that the text in Section 110-1 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Sec. 110-1. - Definitions.
* * *
Height ofbuilding means the vertical distance from 12 inches above the crown of the fronting
road or finish grade at the building line, whichever is highest, to (I) the highest point of flat roof; (ii)
the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip
and gambrel roofs. Excess fill placed at or around anv portion of the building shall not be used as
City of Cape Canaveral
Ordinance No. 04-2013
Page 1 of 3
a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the
first/ground floor elevation. Measurement must be in compliance with the 100 -year flood level, as
determined by the Federal Emergency Management Agency.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2013.
ATTEST:
ANGELA APPERSON, City Clerk
First Reading:
Legal Ad published:
Second Reading:
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 04-2013
Page 2 of 3
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04-2013
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/19/2013
Item No. 13
Subject: Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of
Ordinances related to outside storage; providing for a definition; repealing the special
exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the
storage or parking of recreational vehicles, trailers and trailerable items; providing for
the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: August 21, 2012 — City Council discussed Code Sec. 110-334(c)(11),
entitled: "commercial establishments for the storage or parking of recreational vehicles,
trailers and trailerable items". Council considered the appropriateness of locating such
establishments along SR A1A. By consensus, Council requested the Planning & Zoning
Board study the issue and return a recommendation to the City Council.
August 22, 2012 — After discussion of the issue, the P&Z Board directed Staff to prepare
an ordinance prohibiting such establishments in the C-1 District within 400 ft. of the
entire SR A1A roadway, as well as all of Central Boulevard; and to change "outside
storage" from a special exception to a principal use in the M-1 Industrial Zoning District.
October 24, 2012 — P&Z Board reviewed a draft ordinance and recommended that the
400 ft. setback from the identified roadways apply to the C-2 Zoning District, as well.
Specific buffering and landscape requirements for this use were also discussed. The
Board directed Staff to bring a revised ordinance back for further consideration.
December 12, 2012 - P&Z Board concluded that the 400 ft. setback left only a few
possible locations in C-1 and C-2 for this use on SR A1A and Central Blvd. The Board
also did not want "storage of RVs, trailers, etc." located along North Atlantic Avenue
and, therefore, recommended prohibiting the use in all of the C-1 and C-2 Zoning
Districts, rather than calling for a 400 ft. setback. In addition, the Board recommended
changing "outside storage" from a special exception to a principal use in M-1.
January 15, 2013 - Council heard the Ordinance, formerly Ordinance No. 02-2013, and
supported the P&Z recommendation to prohibit "storage of RVs, trailers, etc." in C-1 and
C-2 Zoning Districts. Council also understood Staff's concern that the full ramifications
of making "outside storage" a principal use may not have been considered. While the
type of buffering and screening needed for storage of RVs, trailers, etc. can be
anticipated, "outside storage" is potentially more encompassing. Additionally, "outside
storage" could include shipping containers, construction equipment & supplies, or other
uses that may require additional buffering or screening than required by Code. Staff
recommended that "outside storage" remain a special exception. By unanimous
consensus, Council returned the Ordinance to the P&Z Board for further consideration
and provision of a definition for "outside storage".
January 23, 2013 - In an effort to preserve the original Ordinance and due to the
City Council Meeting Date: 02/19/2013
Item No, 10
Page 2 of 2
revisions made, a new ordinance number was issued, Ordinance No. 05-2013. The P&Z
Board unanimously recommended it with the revisions that will continue to list 'outside
storage" as a special exception use and added the following definition: "outside storage
shall mean the commercial storage of licensed recreational vehicles, trailers, and
trailerable items, goods, wares, merchandise, commodities, or any other item outside of
a completely enclosed building for a continuous period of longer than 24 hours".
The Notice of Public Hearing was pubIishe1 on February 7, 2013.
Submitting Director: Barry Brown
Attachment: Ordinance No. 05-2013.
Date:02/07/2013
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John McGinnis (L., Date:
c
The City Manager recommends that City Councikake t e following action(s):
Adopt Ordinance No. 05-2013, first reading.
Approved by City Manager: David L. Greene Date: /4,5
City Council Action: [ 1 Approved as Recom ended [ 1 Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 05-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES RELATED TO
OUTSIDE STORAGE; PROVIDING FOR A DEFINITION;
REPEALING THE SPECIAL EXCEPTION IN THE C-1 AND
C-2 ZONING DISTRICTS FOR THE COMMERCIAL
ESTABLISHMENTS FOR THE STORAGE OR PARKING OF
RECREATIONAL VEHICLES, TRAILERS AND
TRAILERABLE ITEMS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in 2009, the City conducted a community-based, citizen driven Visioning
process to develop a vision and strategy for future development and redevelopment of underutilized
areas located in the City; and
WHEREAS, in order to encourage future development consistent with the principles
developed during the Visioning process, the City desires to amend the actual list of special
exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing
Districts to repeal special exceptions for commercial facilities for the storage or parking of
recreational vehicles, trailers and trailerable items; and
WHEREAS, it is the City Council's intent that the outside storage or parking of recreational
vehicles, trailers and trailerable items be generally considered as outside storage, which is permitted
by special exception in the City's M-1 Light Industrial and Research and Development District; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. 05-2013
Page 1 of 5
Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and s..:L, ,,s1 type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE 1. 1N GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* **
Outside storage shall mean the commercial storage of licensed recreational vehicles, trailers,
and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a
completely enclosed building for a continuous period of longer than 24 hours.
ARTICLE VII. DISTRICTS
* **
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Section 110-334. Special exceptions permitted by board of adjustment.
* * *
(c) Special exceptions may be permitted for the following:
* **
(11) // Reserved. a.1..11v. vaG11 ; siul
t.1.l.l,
1 VVl VNllVllkl YVlllV1VJ,I.1 Q11V1J QLl� (111V1d.{V1V Ft VYlYV�ll YIIVV..i .11V 1V11 V'YY lllb,
u
City of Cape Canaveral
Ordinance No. 05-2013
Page 2 of 5
LI; ..1111L1111 1JL J1t L 'V1 10,000 feet
L. ♦ ...I.:J., y clthcl walls,
rV.IV VJ Vl 11 a..J.
�/. 11'.11,, fence,' 011.1 110160, v;.11l 0111 t.;ly 1L11 L.J 4111
1\.E,UICit;Vlla 4111 1110,
I; tun V16.VV.
tV V11JI...V '�L/JLl LaL. t: Vll
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
* **
Sec. 110-354. Special exceptions permissible by the board of adjustment.
* **
(c) Special exceptions may be granted for the following:
(1) Outside storage, subject to 4J Flu %.11,1'... section 110-566, where applicable.
* **
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
* **
Sec. 110-393. - Special exceptions permissible by the board of adjustment.
* * *
(c) Special exceptions may be permitted for the following:
* * *
(7) Reserved. VV 111.11 0.0:41 V�14L1:�1..1Y,,.,tsforthc�tVlu�,; �fr4.1L:.1e.,,a,.,,4tierral
Y V1lJViVJ, 11 G; VlJ C{J1J 1J 411 V1 C1L1V 1l V1alJ, FAV Y It Ca., 4
PY1:1.:..1LL1.Y is .,f 10,000
L. LV walls
City of Cape Canaveral
Ordinance No. 05-2013
Page 3 of 5
�1 G,l.l 11.,1. 111�Ji ..,lil y with all ‘..ity i uk, alld
1 V�',Fllull VllJ Gllal 1114AJ VV ,V aJ tV V1lJM1V liVytl l.VtlVIT
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. if any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2013.
ATTEST:
ANGELA APPERSON, City Clerk
ROCKY RANDELS, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 05-2013
Page 4 of 5
For Against
1' Legal Ad Published:
First Reading:
2"d Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 05-2013
Page 5 of 5